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HomeMy WebLinkAboutRes2022-010 Seward City Tours Amend #31 1 1 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT #3 TO THE OPERATING CONTRACT BETWEEN THE CITY OF SEWARD AND SEWARD CITY TOURS WHEREAS, in 2010, the City of Seward began providing a shuttle bus service between the Cruise Ship Terminal, the harbor, and historic downtown Seward; and WHEREAS, the shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses; and WHEREAS, Resolution 2018-042 approved the contract between the City of Seward and Seward City Tours for provision of shuttle bus services for 2018 and 2019; and WHEREAS, Resolution 2019-038 authorized Amendment No. 1 to the operating contract which increased the contract rate by $21,720, extended the term by two years, and added two optional one-year extensions pending City Council approval; and WHEREAS, the operating agreement for 2021 was reduced in the scope of services through Amendment No. 2 to the contract in response to the elimination of cruise ship visitation to Seward due to the COVID-19 pandemic; and WHEREAS, the amount paid for the operating agreement in 2021 based upon Amendment No. 2 was $83,800; and WHEREAS, Resolution 2021-125 approved the extension of the operating agreement as modified by Amendment No. 2 through 2022 at the base level of $83,800 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022; and WHEREAS, current market conditions indicate that the City of Seward will receive 99 or more cruise ships in calendar year 2022; and WHEREAS, Resolution 2019-038 anticipated 2022 cost of service for the Seward City Tours contract to be $228,020 based upon forecasted cruise ship visitation levels; and WHEREAS, Amendment No. 3 to the operating agreement returns the level of services to be consistent with 99 or more cruise ships and their associated increase in ridership and increases the level of funding accordingly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CITY OF SEWARD, ALASKA RESOLUTION 2022-010 OF SEWARD, ALASKA that: Section 1. The City Council hereby authorizes the City Manager to extend the contract, based upon the operational description in Amendment No. 3, between the City of Seward and Seward City Tours. Section 2. Funding in the amount of $144,220 is hereby transferred and appropriated in 2022 from the CPV fund 11103-0000-3710-0000-30051 to the Bus Transportation Fund Contracted Services account no. 30051-0000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of January, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: TH Christy Terry, Osenga, Calhoon, DeMoss, McClure, Terry None Wells, Casagranda None Brenda J. Ball ►' , MMC City Clerk (City SaP tlz5egirr;#,e �r. : C �°4TF• • 4 '� SEAL =•! 1 SEWARD, ALASKA City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-010: Approving Amendment No. 3 to the Operating Contract Between the City of Seward and Seward City Tours Background and justification: The City of Seward's 2030 comprehensive plan specifically includes the provision of a seasonal shuttle bus service which will add to local small business growth. The City has provided for a shuttle bus service for this purpose since 2010 using funds from the Commercial Passenger Vessel Tax (CPV). No CPV funds will be received by the City for fiscal years 2020 and 2021 due to a lack of cruise ship visitation. Many of the passengers use this service to travel from the Cruise Ship Dock to downtown Seward. This in turn has a positive impact on many businesses in Seward. The shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses. Seward City Tours and the City of Seward entered an operating agreement in 2018 to continue this valuable service to the community. In 2019, the contract was amended via Amendment No. 1 to extend the agreement, increase the contract rate, and allow for the City Manager to bring a resolution to City Council for extensions in 2022 and 2023. The COVID-19 pandemic caused the cruise ship industry to be unable to visit Seward in 2020 and 2021. Amendment No. 2 was agreed to by both parties on May 4, 2021, and reduced the scope of service to daily service from 11 am to 6 pm starting at the train depot and providing transportation for visitors to access the historical downtown district. The amendment reduced the rate from $161,335 to $83,800. Resolution 2021-125 approved the extension of the operating agreement as modified through Amendment No. 2 in 2022 at the base level of $83,800 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022. Amendment No. 3 fulfills the commitment to provide for a return to a normal level of service based upon the expectation that Seward will receive 99 cruise ships in 2022. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Item 8.2 from the Seward 2030 Comprehensive Plan specifically includes the Plan: operation of a seasonal shuttle bus that provides service between the railroad depot, cruise ship terminal, and downtown Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: Th s legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x x Attorney Review✓ x Yes Not applicable $ 144,220 Finance Signature: Administration Recommendation x Adopt Resolution Other: Amendment No. 3 Amendment No. 3 to the agreement between the City of Seward and Seward City Tours., dated April 23, 2018 follows: WHEREAS, Resolution 2018-042 approved the contract between the City of Seward and Seward City Tours for provision of shuttle bus services for 2018 and 2019; and WHEREAS, the shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses; and WHEREAS, Resolution 2019-038 authorized Amendment No. 1 to the operating contract which increased the contract rate by $21,720, extended the term by two years, and added two optional one-year extensions pending City Council approval; and WHEREAS, the operating agreement for 2021 was reduced in the scope of services through Amendment No. 2 to the contract in response to the elimination of cruise ship visitation to Seward due to the COVID-19 pandemic; and WHEREAS, Resolution 2021-125 approved the extension of the operating agreement as modified by Amendment No. 2 through 2022 at the base level of $83,00 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022; and WHEREAS, Amendment No. 3 to the operating agreement returns the level of services to be consistent with 99 cruise ships and their associated increase in ridership and increases the level of funding accordingly. NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties the agreed to amendment to the agreement as follows: 3. FEES shall read "Seasonal Transportation Services: $228,020" 4. SCOPE OF SERVICES shall read "The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 28, 2018, to provide professional services based on approved standards and instructions as specifically described in the same RFP." Except as provided herein, all other terms and conditions of the originating agreement remain in full effect. In witness thereof, the parties have set their hands and seals below: Seward City Tours City of Seward Date Date 1ZOZ '90 Jaquia;dag `iCupuoTAT Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 l 1 ,-t . • cA 5. N ,„ 0 c r C O 0 b 7� l 1 a> 7 am r-+ CD r CD cp ii ii arm rr,rp N O N N L)JSLJV Jo S2! IZOZ 190 iaqula;dag `ifupuoJ, Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Sunday, July 3 SEW SH MINERVA 06:00 - 23:00 SEW STAR BREEZE 07:00 - 18:00 ( \ ( \ ( \ ( \ ( \ Sunday, May 22 ( \ Sunday, May 8 Sunday, May 1 Sunday, April 24 ®; 9J a=\ /){ /® @! { \ ~ , ®; 9J a\ "( / »/g @! \ \ ` ®; 9J a\ "( / »/° @! \ \ : ` Monday, May 23 SEW NORWEGIAN JEWEL 05:00 - 21:00 Monday, May 16 SEW SH MINERVA 06:00 - ®; 9J a\ \(/ °/° @! Monday, May 2 \ \ 9 / { / / Tuesday, June 21 SEW VIKING ORION 08:00 - Tuesday, June 14 / / Tuesday, May 31 Tuesday, May 24 Tuesday, May 17 SEW SH MINERVA - 20:00 / / Tuesday, May 3 Tuesday, April 26 SEW SEVEN SEAS MARINER 08:00 - 17:00 Wednesday, July 6 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, June 29 Wednesday, June 22 SEW VIKING ORION SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, June 15 Wednesday, June 8 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, June 1 SEW ROALD AMUNDSEN 06:00 -20:00 SEW VIKING ORION 08:00 - Wednesday, May 25 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, May 18 Wednesday, May 11 Wednesday, May 4 Wednesday, April 27 Thursday, July 7 SEW SILVER SHADOW 07:00 - 19:00 Thursday, June 30 SEW SILVER MUSE 07:00 - 19:00 Thursday, June 23 SEW VIKING ORION - 17:00 SEW SYLVIA EARLE 06:00 -20:00 SEW SILVER SHADOW 07:00 - 19:00 Thursday, June 16 SEW SILVER MUSE 07:00 - 19:00 Thursday, June 9 SEW SILVER SHADOW 07:00 - 19:00 Thursday, June 2 SEW VIKING ORION SEW SILVER MUSE 07:00 - 19:00 Thursday, May 26 Thursday, May 19 SEW SILVER MUSE 07:00 - 19:00 Thursday, May 12 SEW VIKING ORION 08:00 - Thursday, May 5 Thursday, April 28 Friday, July 8 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, July 1 SEW MILLENNIUM 05:00 - 20:00 Friday, June 24 SEW RADIANCE OF THE SEA 05:00 - 20:00 {{ \// \) \ {( g 0 \\ - �9 / ) { {( (( \ \} // » Q Friday, May 27 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, May 20 SEW MILLENNIUM 05:00 - 20:00 Friday, May 13 SEW VIKING ORION SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, May 6 Friday, April 29 SEW NORWEGIAN SUN 06:00 - 18:00 Saturday, July 9 Saturday, July 2 Saturday, June 25 SEW ROALD AMUNDSEN 06:00 - 20:00 Saturday, June 18 Saturday, June 11 SEW STAR BREEZE 07:00 - 18:00 Saturday, June 4 Saturday, May 28 SEW QUEEN ELIZABETH 06:00 - 17:00 Saturday, May 21 Saturday, May 14 SEW VIKING ORION - 17:00 Saturday, May 7 Saturday, April 30 IZOZ '90 iaqula;dag `ifupuoJ, Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Sunday, September 18 Sunday, September 11 SEW VIKING ORION - 17:00 ( . \ : Sunday, August 28 Sunday, August 21 SEW VIKING ORION Sunday, August 14 SEW ROALD AMUNDSEN 17:00-19:00 Sunday, August 7 ) ( y;« }/{ { ± ) « { : « \ , Sunday, July 10 Monday, September 19 Monday, September 12 SEW NORWEGIAN JEWEL 05:00-21:00 SEW SCENIC ECLIPSE 08:00- 13:00 Monday, September 5 Monday, August 29 SEW NORWEGIAN JEWEL 05:00-21:00 SEW STAR BREEZE 07:00 - 17:00 Monday, August 22 SEW VIKING ORION - 17:00 ®; 9J a=\ /){ m/ » @!; Monday, August 8 SEW STAR BREEZE 07:00- 18:00 Monday, August 1 SEW VIKING ORION SEW NORWEGIAN JEWEL 05:00-21:00 ; } , ®; 9J a\ /) \ m/ - @!` Monday, July 11 SEW GOLDEN HORIZON 06:00- 18:00 SEW VIKING ORION 08:00 - Tuesday, September 20 Tuesday, September 13 Tuesday, September 6 Tuesday, August 30 Tuesday, August 23 Tuesday, August 16 Tuesday, August 9 Tuesday, August 2 SEW VIKING ORION - 17:00 SEW ROALD AMUNDSEN 08:00- 11:00 / { Tuesday, July 19 Tuesday, July 12 SEW VIKING ORION Wednesday, September 21 Wednesday, September 14 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, September 7 Wednesday, August 31 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, August 24 Wednesday, August 17 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, August 10 Wednesday, August 3 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, July 27 Wednesday, July 20 SEW SEVEN SEAS MARINER 06:00 - 17:00 Wednesday, July 13 SEW VIKING ORION - 17:00 SEW ROALD AMUNDSEN 19:00 - 21:00 Thursday, September 22 Thursday, September 15 Thursday, September 8 SEW SILVER MUSE 07:00- 19:00 Thursday, September 1 SEW SILVER SHADOW 07:00- 19:00 Thursday, August 25 SEW SILVER MUSE 07:00- 19:00 Thursday, August 18 SEW SILVER SHADOW 07:00- 19:00 Thursday, August 11 SEW SILVER MUSE 07:00- 19:00 Thursday, August 4 SEW SILVER SHADOW 07:00- 19:00 Thursday, July 28 SEW SILVER MUSE 07:00- 19:00 Thursday, July 21 SEW HANSEATIC INSPIRATIO 06:00- 18:00 SEW SILVER SHADOW 07:00- 19:00 Thursday, July 14 SEW SILVER MUSE 07:00- 19:00 SEW PACIFIC WORLD 09:00 - 21:00 Friday, September 23 Friday, September 16 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, September 9 SEW MILLENNIUM 05:00 - 20:00 SEW VIKING ORION 08:00 - Friday, September 2 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, August 26 SEW MILLENNIUM 05:00 - 20:00 Friday, August 19 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, August 12 SEW MILLENNIUM 05:00 - 20:00 Friday, August 5 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, July 29 SEW MILLENNIUM 05:00 - 20:00 Friday, July 22 SEW RADIANCE OF THE SEA 05:00 - 20:00 Friday, July 15 SEW MILLENNIUM 05:00 - 20:00 Saturday, September 24 Saturday, September 17 Saturday, September 10 SEW VIKING ORION Saturday, September 3 Saturday, August 27 Saturday, August 20 SEW HANSEATIC INSPIRATIO 06:00 - 18:00 SEW VIKING ORION 08:00 - Saturday, August 13 Saturday, August 6 Saturday, July 30 Saturday, July 23 Saturday, July 16 IZOZ '90 iaqula;dag `ifupuoJ, Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Sunday, October 16 SEW NORWEGIAN SUN 07:00 - 17:00 Sunday, October 9 Sunday, October 2 a u, b Monday, October 17 Monday, October 10 Monday, October 3 Monday, September 26 SEW NORWEGIAN JEWEL 05:00 - 21:00 Tuesday, October 18 Tuesday, October 11 Tuesday, October 4 Tuesday, September 27 SEW VIKING ORION 08:00 - 18:00 Wednesday, October 19 Wednesday, October 12 Wednesday, October 5 Wednesday, September 28 Thursday, October 20 Thursday, October 13 Thursday, October 6 Thursday, September 29 Friday, October 21 Friday, October 14 Friday, October 7 Friday, September 30 Saturday, October 22 Saturday, October 15 Saturday, October 8 Saturday, October 1 1 1 1 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONTRACTING WITH SEWARD CITY TOURS FOR OPERATION OF THE SEASONAL SEWARD SHUTTLE BUS SERVICE, IN AN AMOUNT NOT TO EXCEED $362,411, AND APPROPRIATING FUNDS WHEREAS, in 2010 Seward began providing a shuttle bus service between the cruise ship terminal, the harbor and historical downtown Seward; and, WHEREAS, the service has proved beneficial to the economic well-being of our community and is valued by the cruise ship industry; and, WHEREAS, Seward intends to provide the same level of service in 2018 and 2019; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on March 28, 2018 to include all the cost associated with providing the services; and WHEREAS, Seward City Tours was the successful proposer; and WHEREAS, the shuttle bus has been funded from Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax") and this is an appropriate use of the funds; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract between Seward City Tours and the City of Seward in substantial form as attached hereto, with 2018 and 2019 operations not to exceed $362,411. Section 2. The Seward City Council hereby appropriates the amount of $362,411 from the commercial passenger vessel proceeds account no. 11113-0000-3071-30051 to the Bus Transportation contracted services account no. 30051-0000-7009. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2018-042 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of April, 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: Casagranda, Keil, McClure, Slater, Horn, Towsley, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk 1 1 1 • Council Agenda Statement Meeting Date: April 23, 2018 Through: Jim Hunt, City Manager From: Ron Long, Assistant City Manager Agenda Item: Shuttle bus service contract with Seward City fours BACKGROUND & JUSTIFICATION: The City of Seward has contracted out for the operation of a shuttle bus service since 2010. The sere ice benefits pedestrians in Seward including ship passengers and crew and is funded utilizing Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax"). In accordance with Seward City Code and as reported to council, a Request for Proposals was prepared to issue the contract for the summers of 2018 and 2019. The request solicited qualified firms to provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Boat Harbor from May 17, 2018 through September 26, 2018, and then approximately equivalent dates in 2019. The RFP required no addenda. There were a total of five plan holders for the RFP. Two proposals were submitted by the deadline and two were judged to be responsive and reviewed by the selection team using the criteria reported to Council. Seward City Tours obtained the highest points and is the selection team's recommendation as the transportation services firm. A draft contract is attached. Services for the shuttle are scheduled to begin May 17, 2018. INTENT: Approve a contract for shuttle bus services with Seward City Tours. CONSISTENCY CHECKLIST: Yes No N/A 1, Comprehensive Plan (document source here): Economic Development and Transportation: Improve public transportation between downtown and the harbor X 2, Strategic Plan (document source here): Foster a community with diverse transportation facilities including road, rail, air, pedestrian and water X 3, Other (list): X FISCAL NOTE: The total of funding required for the shuttle program, $362.411 «ill be appropriated from the Commercial Passenger Vessel funds to the Bus Transportation Fund. Approved by Finance Department: at'(f ATTORNEY REVIEW: Yes X_ No The City Attorney reviewed and provided comments for the draft contract that is attached. RECOMMENDATION: City Council approve Resolution 2018- authorizing the City Manager to enter into a contract with Seward City Tours and appropriate $362,411 of cruise ship head tax funds for the 2018-2019 shuttle bus service contract. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward Seward City To rs, By: Jim Hunt By: /Jonah Title: City Manager Tit Owner Date: CYate: ATTEST: Brenda Ballou, MMC City CIerk (aty Seat) Pag.e. of 9' CITY F SE P0. BOX 167 SEWARD, Al ASKA 99664-0167 April 4, 2018 A 1 Seward City Tours PO Box 2031 Seward, AK 99664-2031 RE: Seasonal Transportation Services and Related Services NOTICE OF INTENT TO AWARD Dear Mr. Swiderski, • Main Office (907) 224-4050 • Police (907) 224-3338 • Harbor (907) 224-3138 • Fire (907) 224-3445 • City Clerk (907) 224-4046 • Engineering (907) 224-4049 • Utilities (907) 224-4050 • Fax (907) 224-4038 The City of Seward intends to award the Seasonal Transportation Services and related services Contract for shuttle services to your company Seward City Tours as the lowest qualified responsive and responsible proposer for this project. 1 have included the City's proposed contract with this letter for your convenience. The award of the contract is contingent upon City Council approval which is scheduled to take place on April 23, 2018. We will be contacting you soon to begin discussing the proposed contract and further details. If you have questions, please don't hesitate to contact Jackie Wilde at 907-224-4048 or through email to j,.;:yiide,:(:/eiivolsc Sincerely, Ron Long, Assistant City Mrnager P (17) .1'10 (72 X 2, 1)13 S (0-00,2 a (.0,01 s .10t a 13 11 616 040 1) 7 - 2 3 - 005 7 7103 s cow a. 0021 i try' o :0-6011° t0t0r,' Ito i , o :2700 111'111111111111 """11111 11111111111111111111111111,,,,11111will"!"!"!"mufloa,"ameuvuo001110 '11011i11111111111100 March 27, 201.8 SewardCityTours, LLC. would like to thank the City of Seward for the opportunity to bid the 2018-2019 Seasonal Transportatio • Set -vices Contract. After reviewing thebid documents, SewardCityTours has a .firm understanding of the scope of work involved with providing safe, efficient, and enjoyable shuttle transportation services for the 2018.and 2019 tourist and cruise ship seasons. The owner is a resident of Seward .since he was a child and has seen first hand how important this .service is to our visitors and to our local businesses who rely. on. the .increased foot traffic created by the shuttleservice in both the harbor and down town business centers. As a resident and the owner o.f SewardCityTours, he has witnessed the difficulties previous operators have experienced when. dealing with the dynamic hour-tO-liour ridership demand on cruise ship days. These past experiences, allowed the owner to approach this contract with first hand insight as an operator and as a Seward resident. While. the contractcan be simplified to providing seats to move people from point A to point B, the reality is this service provides a crucial initial experience for those visiting Seward, Alaska. SewardCityTours aims to exceed. transportation needs of our visitors, by ensuring their first impression is a positive experience by providing safe, clean and comfortable transportation services. The term letterhead' is often used to refer to the whole sheet. imprinted with such a heading. Many corriparties and individuals prefer to create a letterhead template in a word processor or other software application. This generally includes the same inforrnatio.n as pre-printed stationery but without the additional costs involved. Sincerely, Jonah Swiderski Owner and Operator 111111 111111111 11 MMO 1 11 MN 1 II 1 1110011011111111.11011111,1111,1111111111111111111,_111,111,110illliiiill111111111111111111111111lilliiiiiiiivililiiillivoolio'000li 111111'1'1'1111111111111 10111110100101010111110110101010101010111111111111111111111111111111110 01101111 1111111'1.1.1.1'1111111101'1'1'11, .000,„00, 0.10,00,00,10,000,00,0110141001P01;000W0 2000, -0;;;;; 00;,::At':000 ;0000;"",0,0 010'000 IIIIIIIIIIIIIII1111111111111111111111111'1111111V1V111?1111111111111111111111110110i1 1111111111111 11111111100001 010111111110 ;111100111111,1,1,100.1.101.01.1011111.1.1.1.0.0.110111111111111.0111,10111111111011,001101011,1,1,11111110,0110 00,000,00.0 00000 „„„0,000000110,10,10,0,100,11,01,1011,101,101,001101111011001010101100011001101111 oo 0,1,1,1011111,00,00,01,00,000 111111 0.0 „.„,00,000011110111111110101, 0,01„1,0111,11„1,010. 0,000,000„00,00,0000000,00,00,0000000000000000000000000000000011011111101011?011111111111111111111111,„„60001 11111111100000011111111111111111111111111 100111111111100100101011111110101,11111111111111111,000000000000100111 , 1111111,111111111,11,1,1; ut!„!„;;;;11,11,111114ii111:111 1111111111111111111111001111011111010111100 Scward„A .f a s it a 9 9 ti 6 4 0000 c 1/0007 (01. c t o 0411.1 I c 7 t 000100 01 . ,.,011.11000011• 00 0,00 111111111111 1,1111, 0000000 ,0 0000 11111 0110111110 01,00,0. 0000 111111111111 11,.;;;,,,....,,,-01111 101011011100100011111110 00 0.1111111111.1....00...)001000.0„, 11111111111111111111111 IIII'II'11111111111111111111111,1111111111111,1111111111111111111111111111111111111111111f1111f111111111111111111111f1111111,111f111111lB1,,11,,11;11,111„1I!111,111111!,1I•1,I•111•I,:•I,••1,•INI 1111111 ••,• • • ".14:1n Proposal Package Part 1 Age, Condition, Quality of Coaches s 1111111111 11'1'1'111'11111111111111111 0000, 11111111101111111111111 All vehicles, used to meet service requirements for the Seasonal 'Transportation Services Contract will be 2011..rnodels or newer., No vehicle will have an. odometer that reads more then 200,000 miles. All. vehicles will meet Department ofTransportation and Federal Motor Carrier Safety Administration requirements. The base transportation route on non -cruise ship days (10am-7pm, seven days a week) requires a single vehicle to be in operation running approximately every half-hour. SewardCityTours intends to utilize a vehicle similar to the 'following: see attachment #1 The base transportation route on cruise ship days (8am-7pm). requires a second vehicle to be in operation.. Additionally, a third vehicle is required to provide service to the supplemental transportation route between the Dale Lindsay Terminal and Alaska Railroad Depot at specific times.SewardCityTours intends to utilize vehicles similar to the following to provide the necessary additional. capacity: see attachment #2 Vehicles provided by SewardCityTours are vehicles designed for tours and site seeing. This sets them apart .from other transportation companies used i.n the. past. These motor coaches have large viewing windows with climate controlled interior, and drivers with .intercom audio equipment to clearly communicate with visitors. Guests, will enjoy not only a safe but comfortable ridein a 'well- equipped. vehicle. SewardCityTours is committed, to providing a quality experience that has not been matched in the past. In return the first impression of all visitors using this service will reflect thehigh standards of the community. 11111 11111111111111 11 111111111111111 1111111111lomoolo t1111111111111111111•1111111011111111111111111111I111111111111111111111111 111111111111111111011111111 1111110 0111011 11111111 111111111111111111111111 1111111111111111111111 1111111111111111111 11111111111111 iv 11111111111111111111111111 III 11111 11111111 JIM 0001111 1111111 111111111111 1 11"1"00111110 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII100000000000000000000 ...1000000111111000011000111110001111111111001111111111111111111111111111101111111 '1'111111111 001'010 •eoll • "". 1111111111111IIIIIIIIII„IIIonvulloti„iii.u............1„,1111111011111111101011010010100010100011011111111 1111111111111111111111111 100000101100o1000000000101100000101010100000000000000000 ... 111111111111111111111100011111111111111111111111111111.111.1.1.1111111111111111111111 0000000000000001111101101111111000010101010100000011000000110000000IVIIIIII 11111000000000001111111111111111110 111111111111111111111111111100001 III 111111111100000000000m011011111110it 00001 Ii00011000001011110001 11111111111111111110110111111111111111111111111111111111111111Ilvitattlototoommtoovool0000tossmatiolliillinit 1111 loo illotoottiolloollotoot?10111 1011111111111111111000011111111111111111111100000000000110000 0001000 00 1110, 1111°9000 11111111111111111111 011 001000000 I II 111111 1111111 00001111111111111110111111111111111111110111111111111100000F0 „„ 1101110111111101110"00110101111111001111 0000010001 0 0 10,„ 000000000101010011 011111111101M 10001111111111111111111 10000 000000000,0000,00p0001 10,000000000000000000 pl0000 00001111110011,011.000, ,11,11 111 Chassis: 'Engine/Fuel:. Transmission: Odometer:. Confi ration: Location: Price: Ford .F550 6.8L V10 Gas. Auto: ,atic 100, 25 Passengers, Forward Facing, plus driver, Rear Luggage, 2 Tiedowns, Options/Specification: Electric Entrance Door AM/FM/CD Player 92k BTU A/C System with 2 Compressors 65k BTU Heat System Midback Rigid Seats (3) Foldaway Double Seats Oxen Gray Vinyl Seat Fabric Ricon Front Wheel Chair Lift Kinedyne Tie -Downs (2) Storage Box For Tie -Downs PA System w/ Extra Nile Behind Driver Back Up Alarm Key Switch Entry Grab Rails on Ceiling Soft Touch Interior Dropped Rear Luggage Compartment Seatbelts Armrests on Aisle Seats Anthracite Gerflor Flooring Safety Package (Fire Extinguisher, First Aide Kit and Stainless Steel 'Wheel Covers Hydraulic Brakes New Bus w/ Full Warranties Canada Admissible. Nations Bus Sales - CA 10219 S. Hawthorne Blvd. Inglewood, CA 90304 (310) 216-6350 Nations Bus Sales - FL 555 Outlet Mall Blvd. St. Augustine, Fl 32084 (904) 347-2296 Attach;rieq."It • ,,M"4', Chassis: Engine/Fuel: Transmission: Odometer: Configuration: Location: Price: Ford E450 6.8LV10 Gas TorgShift 6- speed „Automatic Overdrive 167,460 24 Passengers, Forward Facing, Rear Luggage, California Options/Specification: Electric Entrance Door AM/FM/CD .Player VD Player w/ 19' Monitor Highback Reclining Seats Level 5 Fabric Streamers Blue Armrests Retractable Seatbelts Walls and Ceiling Lined in Cray Carpet 7'0K BTU A/C System Flooring. - Gray RCA Rubber w/ Ribbed Aisle Back Up Alarm PA System Driver and Passenger Side Running Board Remote Heated Sideview Mirrors Roof Escape Hatch 76Interior Height 225 Amp Alternator Power Door Locks Hydraulic Brakes Wheel Covers Base Pant - Black Canada Admissible. () (1..) X 2 (.) 9 0 71- 2 a. - 5 7/ s r tt. tt. t („) ((lit a 1 1 (:)1 11111111111111HHHHH 1111111111111111 '1'. "I' ,111, Customer Service )))))))0 14,1 011110001004 0,i 0 1 111111' SewardCityTours (SCT) was founded in 2017 when it was clear that there was a. need in Seward for additional transportation services. The idea was not only to provide a service but. also surpass customer expectations. SewardCityTours is, not simply a transportation or shuttle company. In it's conception STC offered h.i.st.orical city tours as well as a comprehensive orientation of Seward itself. The business model emphasizes that customer service is a part of a complete experience. Guest satisfaction begins with the first greeting of each guest, to a clean climate controlled vehicle with comfortable seats; and a driver/guidethat is both knowledgeable and friendly. SewardCityTours intends on extending these guidelines to the Seasonal Transportation Services Contract. Each person that. uses the .free shuttle is a potential ambassador of Seward., when they retur..nhome they share their stories and experiences. Their friends and .family will travel to Seward and past visitors will return which will only flourish our already thriving corn.rnunity. The owners Jonah Swiderski and Yen Ly have a combined 20 years of experience between them in tourism, many of those years based right here in. Alaska. STC's. cruise ship termin..al staff will be undergo crowd control training and be clear communicators. Their knowledge of the transportation system and. key points of interest in Seward will surpass what guests have come to expect.. Driver/Guides will assist guests with 'loading and .unloading luggage as well as, provide accurate information on Alaska Railroad schedules and policies regarding luggage storage. STC drivers will have customer service training and have extensive knowledge on local attractionsand amenities, 111 1). 0111,11,11.111111 11111111111111111111 l'1111111111111M1111 1111111111 N11111 11 1 olo o 11111611 itlitill,1)111111,pt 1111i11111111111111111 1111 E 1 111111111111 IN 1 1 1111111111111111111111111111111 1111111 k 111111 11100 1111111[111 1011 rt1111111111 1111111111111111 ,11,1,1,11111,,,,,,1 11111111 111111111111011111111111111111111119r 11? 11111111 111111111111111111111111111111111111111111111F, 11.11:111111,,,„ 1111111111111111111111111111111111111 11111111111111 11,111111,1111,111111,11111111,11101111111111111111111111111111111111 111111111111111111111111.1 11111111111I11111111110 111111111„11.111111111111111111111111111111111111 111111111111111 11111111111111111111111111111111111111111),IIIIIjjjjjjjjjjjjj, 111111111111 1111111111111111111111111111111111111111 ly.tl..1111,111,1111111111,001111.11111111jij111,1111Iiiiiiiiliv.ilot y000000000000000voopollo 0011111111111111111111cc1111111111111111111111111 111111111111111111111111111111111111111111111011111111111111111011111111011111.11.11.11.11.11.11.11.11.111111.11.1111111111111,10111 101111111110111111A 1,1'1 11111.1.......11. 11 1 1100 111111111111111111111111"1111111111 '1111.111.111111.i 11V10„,0111,1, IIIVIII1111,0 01100_ [11[11(11 1,11111111111111 11111111111,11;11.11. 111111.. 0000 1."11-111111111111111111111111111111111111111g1i11'11iiiilliiiiilii'lli 110111,1))1111111•1101111111111,111,1,v,1111111111(triiiito 4,Tgornq 11111111111111111111111111111111111111111V11100011VIVIIIII 111111 1'1' 111111'1'1'1'1'1'"°'°'° 11111111Mik'iltill000101111111111111111111111000 HIL 111 un1111111111111111,,.,.,..,.,..,..j,1,1,1111,11,,111111,1i „ 111111 797 csw 00140 (..„1 cityt (.00) 00.0,2; i. o ,1,1,1,1,1111111111111 1111 Work Related References: Amanda Garcia — Owner of Salmon Berry Tours 907-278-35'72 Rick Ferroni — Pon Engineer - Crowley . ,arine - 907-831-6108 Liz Demoss — Owner of Seward Alehouse - 907-491-5035 Safety. Upon successful award of the contract SewardCityTours wifl ensure the driver/guides have a minimum of 2 years of experience in transportation within the tourism industry. SewardCityTours will only employs drivers that provide clean driving records that exemplifysafety requirements and have undergone appropriate training.. Seating Capacity and ADA Accessibility. Capacity ADA Compliant. Base Route Vehicle 1 25pax, 21.p.ax + 1 wheelchair, Base Route Vehicle 2 Supplemental Route YES 17pax + 2 wheelchairs 24 pax NO 24 pax NO The three vehicles have the combined ca.p.acity to move 66 passengers at any given time. it is crucial to point out that the type of vehicle being considered in this 0proposal. is different from what has been used in the past. The smaller vehicles are .equipped to .inake additional trips in any given amount of .time as their design is easier for passengers to load luggage..and both embark and. disembark the vehicle. SewardCityTours shares the City ofSeward's desire to welcome all individuals and reduce barriers. Thus SewardCityTours will provide an ADA compliant vehicle operating the base transportation route 7-days a week. This surpasses the bid documents requirement, for an ADA compliant vehicle on cruise ship days (only). iloolooloomm 11111 11111 11 0 111111111111111111111111111111 1.1.1010001,1104040401,1404040404040401101000i1d1.1111.11,11,111).0011,00000 '4011000000000,010:00:00:00:001.0.0.0."'"''""""S00010000000000000000000000 "II Mili11111 1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'1 11.111111 1111 I Holl'oolill000llovonoll 1111111111111 .11.11111111111111111111101111111111111 - 11111110111.1iit 11014.0 111.111,10 .,.. 0.0 10000011111111011100,000010001,11000000001111111111010,000.1.100.00.00011001001010I.100.I.,10I.11: 0,1110001011011101111111111111111010olly01010000000100111011101101011.10 101111111111111111101101111111111111110111101010101))0111,101))))1)))010101111,101,10111111111t0000111,111111,101,101))))),1110100000000000000000000000olion 11111111111111111111111auss 11111111111111111 1M .000V 0110010 111111.1.1.1.1.1.1.1.11 °III I IIIIIIIIIIIovIIIIIIIIIIII.V,000000000000l000,0IIII,Ill,0000t0.01.1.11.,1,I,I,I,00llVliii1lV.V.;141!11.V111lVl.V100011J1JAI100IpIII,iI.0.00.00000.000000000000p1.00000.11 yo oun000looN01111111ili1111111111111111 imoillomon ilo11111'(111111 ,.111111110,11,,,„„,,, „,„„„„„„„„„„„„„„„,„„,„„ 1011111111110111111ottitoolloolliovoiliot 111i1114111010 ,11111111ili 11111111111111111101011111111111101.v 1111 1111111110111,01',0000000101,1110.1010,11,100001,111111111111101111.101,110.00 1,11411111111 0 et. E 0 (7) cl c or) -7) o ,$)0 C.) CO L1J c) —1 — (f) co U5. ea a) cr> :w 0- C 01 C < f 1— (,) ct, (1) o 0 CO —5 <15 0 C.) cco 0 cp 0 x L._ 0 o 0 co d uJ c° 4-• 0 0 5 E CL CD cf) 0) 0) 0 -o auJ v a) E '5 D 0 _c a) -r-- a)'-' 4-_,,- c) N C C) (13 8 - . • cn 0.) a) 0 0 c _c .0 c 0 Zo• 2 . _c o — a) -0> a) o (.) 4- (1) 0 L75 0 0 0) — 0) $2. "5 a 2•c 01) 0 0 E cu in 0_ cr .) r---- in ci) N 8 (0 - ra 7) C 4-) ,c 2 P. ra [7) 0 a) — m 2 a) cli. 6 -5 FF, a) c -° 13a) r713 -0 TA PO = -C a) T. caii E n.) c (0(0 i.. c o c ,-, (o CD 0 a) ro Cr) o 6" a —c — c ci) .5 1E 6 .0 ...we 1-- _c CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 phone: (907) 224-4050 Lookup Name 11113 CITY CLERK Description: BUSINESS LICENSE - SEWARD CITY TOURS, LLC. RECEIPT # 21848 3/28/2018 Received From Payment Type Check # Amount4 Check 0001011 Due 30.00 Tendered 30.00 Change Due Business License 30.00 Certficzto NAI PENINSU 4 BOROUGH 144 North Binkley Street � Soldoma, Alaska 99669-7599 Toll- free within t he Borough; (800) 478-4.441 Ph on a: (907) 262•-4441 ,,,vww,;boraugliketlai,fAaus oto Email: saiastax@borough.kenai„akats :Sales Tax Account # 00203193 Sales Tax Introduction Letter and Certificate of Registration SEWAROCITYTOURS LLC PO BOX 2031 SEWARD AK 99664-2031 Mike Naratre Borough Mayor Apr 13, 2017 Dear Business Owner: Attached iS your new certificate af Authority lto Collect Sales Tax. Net proceeds of the borough -wide sales tax of 3% is dedicated to our Borough schools ln addition, sales tax is collected for, and turned over to the cities, The schools and cities must have this sales tax money to operate; therefore, enforcement of the sales tax ordinance is strictly maintained, We encourage you to promptly file your sales tax returns and remit the taxes collected each reporting period. By reporting promptly, you may receive a 5% credit up to $1,000 per quarter You will be required to file on a QUARTERLY bests. Please note that a return M&JST he filed by you for EVERY reporting period, even if there were no sales (cheek the box, "RETURN HAS NO SALES"), The Sales Tax Division will mail you return at the end of each reporting period, The due date on the, return is the day your return MUST BE POSTMARKED BY or TURNED IN TO OUR OFFICE BY. You will be subject to a non -filing fee of $25 for each return not filed; if two (2) consecutive returns are missed a reinstatement fee of $100 will be assessed, in addition to any penalty or interest for late filing and remittance. The Sales Tax staff in the Finance Department will be glad to answer your questions or assist you in any way they can regarding your sak,is tax account. You may contact the Sales Tax Division at (907) 714-2175, or toll free within the Borough at 1-800-478-4441 ext, 2175. Ap,/ 13 2017 tODAM ISENAI PE INSULA BOROUGH CE: TIE OF AU rHaarrY TO COLLECT BOROUGH SALES TAX THIS IS TO CERTIFY THAT SEWARDCITYTOURS LLC and empowered by the Mayor ofthe Kenai, Pennsioa Borough te collect for the Borough Sales Tay on remit Solos, Rats and Services linposed'euralantstle Ordinance No 5.18, of the Kenai Peninsula Borough, This certificate is non -assignable and non -transferable and must be surrendered to the Mayor by the seller to whom it was Issued upon his ceasing to do business at the cation darned herein, or any change in ownership, form olownership, or any other change SEVVARDCITYTOURS LLC PO BOX 2031 SEVVARD AK 99664-2031 ACCOUNT NUMBER 00203193 DATE OF REGISTRATION ,April 1, 2017 8 THIS CERTI 1C,ATF 4UST BE DISPLAYED PROMNENTLY AT THE PLACE OF BUSINESS, 1111111111111100,1,01 MAYOR 't 1 11I.1, Il l W1110011110 oil 4 ouuumlol •.••,, t.r0 r�AEI P111 a 110i 1 1 uuuuulouuulruuullnl11111 SINGLE MEMBER LLC ALITHORIZATIO.N RESOLUTION I, Jonah Swiderski, certify that. I am the Sole "iernber of SewwardCityTours, a Limited Liability Company (`LLC") organized under the laws of Alaska, Tax. identification Number 82-IO57577„ and that the resolutions on this document are true and correct copy of resolutions adopted at a meeting of the Sole IMiernber of the LLC held on January I.,, 2018. BE IT RESOLVED THAT, said LLC desires that the undersigned Sole Member of the LLC is authorized to: (I) Enter into a contract for the purposes providing transportation services to the City of Seward. (2) Endorse any legal d.ocurnerntsl pertaining to SewardCityTours, LLC. BE IT RESOLVED THAT, the undersigned. Sole Member of the LLC is authorized to exercise the powers listed above regarding legal and contractual services on the behalf of the LLC. BE IT RESOLVED TI IAT, the undersigned Sole ember of the L.I...0 hereby. certifies that he is the only.individual with significant responsibility for managing the LLC and he has provided necessary information to the City of Seward.. BE IT RESOLVED THAT, this resolution shall continue to have effect'until express written notice or its rescission or rnodificatio.n has been received. by the City of Seward. Any revocation, modification or replacement of a resolution must be accompanied by documentation satisfactory to the City of Seward, establishing the authority for the change. BE IT RESOLVED THAT, should the LLC change entity form or ownership, the undersigned shall prompy notify the City. of Seward in writing. Signature: Title: Narne: Dated: 001011 11111111111 1111 Nm1 II I! m 19I. M'1lII liillll I�III au1i0i „ouuul uul 001,1111010.0101 III li iuII II pll II 11AI puuululMo a �I MM IIqup� IIIIIIIII m000000000101 I u III MlV IU NON -COLLUSION AFFIDAVIT The undersi?..ned bidden' or a ge 'CIL being dul),.' st)corn on oath„.. says .that Is,esshe m3n. non has any other member. representative, or agent of the firm. company. corporation or partnership represented by him, entered into any combination, collusion or agreenient With any person relative to the price, to be bid by. anyone at such letting nor to prevent any birrsoni from bidding nor to incigide frorri bidding, arid friair thi CifLV ii)UCT,iiUlki CO Mb nat. 17,1 anY t he c,,..f:TS^::)..c!i nefecance. to such biddings Hc/ShC: funher says tha,:. n pe..rscq- PCicCU1OraE'ii':'11:i receive directly or indirectly, any rebate. fee gift, commission or thing of value on account of such sale. 0.„n/FEI I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC A'Cli<RS.ARE TR L j."r.......(JCRR ECT. Dated this 28 day of March . 2018 /7" 4. ,„53ignature) ACKNOWLEDGEMENT STATE OF A3arsIK,a._ ss COUNTY OF Kenai Peninsula Borough I.3.et ore. ntcs.. NCI'. 2:11'2," 1:1. e 1-13,77.0a.C.:I and s,:t a.i.ierricincs c()1.-1 t4ftifiCa 111t";1,0 +:..jre ti-cec. and NbtarW; Siinature m 208'i Ctinis'hi nos "Itofl Company Na Title Printed Name Date Signature Virl'illi'll'inl'",!:1".11111ill!!!".11.11111111111111111111111111111101(11,,,,Imil, ort0000000 cit0.0.0t .1 Se. M,f' 7- 2 0,03 - 5 773 1 s (...0000 .,0,v r d ,0000 00.,/ 0 ill-0(40g a c 0 r n ,,f,111,ff 011 ff1,1,1,1,11!" , Illuilloo111110,11,1,1)111,111.111.1,11 11111:1111,11...„ Proposal Price Company Name: SewardCityTou.rs, LLC., Street Address: 32981 Myrtiewood. Circle Seward, AK 99664 Mailing Address: PO BOX 20.31. Seward, AK 99664 Telephone: 907-231-5773 Project Name: Seasonal Transportation Services Contract. Total Proposal Price: $362,41.100 The above Proposal Price includes the following: -All services described in bid packet based on provided cruise ship schedule. If additional hours are required, or cruise ship schedule has .unexpected changes, additional charges will be incurred at a rate of $75/hr or $825/day. -Payment terms: 25% of total Proposal Price ($90,603) due three business days after the execution of contract with. City. Tice remaining balance ($2..71.,808) to be billed in 8 monthly installments ($33,976/rnonth) during operatirigmonths beginning June-20.18 through Sept-2018 and June-20.19 through Sept-2019. )1( 11111,11,1111,1,1,1,1,1111111,1111111fun C Professional Services Agreement with First Student, Inc for Seasonal Transportation Services and Related Services This AGREEMENT, made and entered into this 23rd day of April, 2018 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Seward City Tours, LLC authorized to do business in Alaska, with offices located at PO Box 2031, Seward, AK 99664, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide transportation services for cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska; and WHEREAS, in response to a request for proposals, Seward City Tours, LLC submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit B — City's request for proposals dated March 28, 2018, (collectively, "RFP"). 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Assistant City Manager, Ron Long, and include any successor or authorized representative. 1.5 "Project" shall mean the transportation and other tasks related to the transportation of cruise ship passengers, crew and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the Page 1 of 9 downtown business district and the Seward small boat harbor in Seward, Alaska as further described in the RFP issued by the City of Seward on March 28, 2018. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. 2018 Seasonal Transportation Services $ 226,507 2019 Seasonal Transportation Services $ 135,904 Fees to be paid pursuant to schedule in Contractors' accepted price proposal, said fees will be paid 30 days after approval of contract. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 28, 2018, to provide professional services based on approved standards and instructions as specifically described in the same RFP. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all services described herein shall be as follows: Beginning approximately May 17, 2018 and running the entire 2018 and 2019 tourist season, concluding at the end of the tourist season 2019 cruise ship schedule, or other date agreed to by both parties pursuant to section 26.2 of this agreement. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Seward City Tours, LLC Jonah Swiderski. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. Page 2 of 9 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the services by May 17, 2018, Contractor shall pay as liquidated damages and not as penalty $ 500 per day for each day after May 17, 2018 the services are not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Contractor shall have a Seward and State of Alaska Business License. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, is extended to the Contractor. The Contractor shall at all times maintain adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general commercial liability, automobile liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on Page 3 of 9 any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is named as an additional insured for all liability coverages, b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies, c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials, d. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts for each type of insurance shall be no less than the following: a. Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 5 Million per occurrence and $ 5 Million aggregate combined single limit, personal injury, bodily injury and property damage, b. Motor Vehicle Liability Insurance for all owned, hired and non -owned vehicles, including no-fault coverage with limits of liability not less than $5,000,000 per occurrence combined with single limit Bodily Injury and Property Damage, c. Workers Compensation as required by Alaska law, AS 23.30.045 and regulations adopted thereunder. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. The minimum amount and types of insurance provided by the contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. Page 4 of 9 The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. Page 5 of 9 However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent Page 6 of 9 contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work, or the schedule for completion. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise Page 7 of 9 affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward City Manager PO Box 167 Seward, Alaska 99664-0167 Seward City Tours, LLC Jonah Swiderski PO Box 2031 Seward, Alaska 99664-2031 Page 8 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward Seward City Tours, LLC By: Jim Hunt By: Jonah Swiderski Title: City Manager Title: Owner Date: Date: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Page 9 of 9