HomeMy WebLinkAbout05282024 City Council PacketSeward City Council
Agenda Packet
Photo by Kris Peck
Tuesday, May 28, 2024
City Council Chambers Beginning at 7:00 p.m.
City Council Meeting Agenda Tuesday, May 28, 2024 1 | Page
The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
City Council Chambers, 410 Adams Street
Please silence all cell phones and devices during the meeting
Mayor Sue McClure
Vice Mayor John Osenga
Council Member Mike Calhoon
Council Member Randy Wells
Council Member Kevin Finch
Council Member Robert Barnwell
Council Member Julie Crites
City Manager Kat Sorensen
Deputy City Manager Jason Bickling
City Clerk Kris Peck
City Attorney Sam Severin
Tuesday, May 28, 2024 at 7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited
to 3 minutes per speaker and 36 minutes total time for this agenda item.)
5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all
routine items listed under Item 7. Consent Agenda items are not considered separately unless a council member
requests an item be returned to the Regular Agenda.)
6. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS
A. Proclamations and Awards
1) Memorial Day Proclamation………………………………………………………Pg. 4
B. City Manager Report………………………………………………………………….Pg. 5
C. City Clerk Report…………………………………………………………….………Pg. 11
D. City Attorney Report -None
E. Other Reports and Announcements
1) Chamber of Commerce Report by Executive Director Sam Allen
F. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per
meeting unless increased by council.)
1) Presentation on AK Fentanyl Response Project by Sandy Snodgrass
7. CONSENT AGENDA (also marked with an asterisk *)
A. Minutes of Preceding Meeting
1)* Approval of the May 13, 2024 City Council Meeting Minutes…………………Pg. 12
B. Introduction of Ordinances
City Council Meeting Agenda Tuesday, May 28, 2024 2 | Page
1) *Introduction of Ordinance 2024-009: Amending Seward City Code 15.10.226 –
Land Uses Allowed Table, Prohibiting Cluster Subdivisions in all Zoning
Districts………………………………………………………………………….Pg. 17
C. Resolutions
1)* Resolution 2024-029: Approving The Work For Yukon Fire Systems On The Utility
Generation Facilities and Appropriating Funds…………………………………Pg. 30
2)* Resolution 2024-030: Accept Grant Funds to Attend the Alaska Animal Control
Association 2024 Training Conference with the National Animal Control Association
(NACA) in Anchorage, Alaska, in the Amount of $500.00, and Appropriating
Funds……………………………………………………………………………..Pg. 49
8. PUBLIC HEARINGS -None
9. UNFINISHED BUSINESS -None
10. NEW BUSINESS
A. Other New Business
1) Discuss cancelling the June 24, 2024 City Council Meeting……………..……..Pg. 61
2) Discuss PACAB’s request to form an Alternative Energy Committee…..………Pg. 62
11. INFORMATIONAL ITEMS AND REPORTS (No action required.)
A. Other Items
1) Upcoming City Council Meetings
a. Monday, June 10, 2024 Work Session at 5:30 p.m. Topic: Seward Electric Utility
Infrastructure Update
b. Monday, June 10, 2024 Regular Meeting at 7:00 p.m.
2) Report from AK Small Business Development Center Quarterly Update……….Pg. 63
12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per
speaker.)
13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN
COMMENTS
14. EXECUTIVE SESSION -None
15. ADJOURNMENT
PROCLAMATION
WHEREAS, on Monday, May 27th 2024, in cities and towns throughout our nation,
Americans joined together to honor the fallen heroes of our Armed Forces; and
WHEREAS, Memorial Day each year serves as a solemn reminder of the scourge of war
and its bitter aftermath of sorrow; and
WHEREAS, this day traditionally has been devoted to paying tribute to loved ones who
lie in hallowed graves throughout this country and in unnamed graves throughout the world,
having sacrificed their lives that war may end; and
WHEREAS, over 1.1 million Americans have sacrificed their lives in all United States
wars; and
WHEREAS, our men and women in uniform have sacrificed their lives to maintain the
security of our great Nation and the liberties we hold so dear; and
WHEREAS, each person who died in service to his or her country was a loved one who
was cherished by friends and family, and each death was tragic loss to the community, state, and
nation; and
WHEREAS, we must pledge to never forget the men and women of the Armed Forces
who made the ultimate sacrifice in defending our freedoms and American way of life; and
WHEREAS, in tribute to all those lost, we must steadfastly keep faith, and lift our voices
and search for an enduring peace.
NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward hereby proclaim
Monday, May 27th, 2024 as
Memorial Day
in Seward in recognition of all those who have made the ultimate sacrifice in service to our
Nation.
Dated this 28th day of May 2024 THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
4
City Manager Report
Hello from Anchorage,
I’m in the midst of a training at the University of Alaska for ICS 300 for Expanding Incidents, a course
designed for emergency response personnel who would function in a command position during a large,
complex incident or event. It’s been enlightening so far!
Back in Seward, Jason and I have been working on a few big projects. Jason is still working closely with
our attorneys on a few big things including the Chugach Rate Case, which is seeing some forward
movement.
I was closely following the last few days of the Alaska State Legislature, which wrapped up late into the
night on May 15. Two bills were passed that will have an impact on Seward. First was HB307, which
enables the lowest cost power to be delivered across the railbelt by phasing out wheeling rates - which
are fees charged by utilities to transmit power across their section of transmission lines.
They also passed the Alaska Railroad Bond bill HB122, meaning that
the railroad and Seward Company can move forward with the
cruise ship terminal construction, slated to start at the end of next
summer and finish in April 2026. Since the railroad needs legislative
approval to issue revenue bonds, this is clearing a huge hurdle, and
they should be smooth sailing on funding for the project. Now, the
City of Seward's big task, with the approval of the project, is to
apply for (and hopefully be awarded!) the EPA Clean Ports Grant
for shore power at the terminal. I’ve been working closely with the
Alaska Railroad, the Seward Company, and a contracted grant
writer, and have set aside most of my Friday to submit the grant
application ahead of the May 28 deadline.
And last weekend, I was excited to participate in the Exit Glacier 5K! Thanks to Parks and Rec for putting
that on each year. It was great to run with Ofc. Josh Ballard and Mark Adams as they ran for the Law
Enforcement Torch Run to raise funds and awareness for the Special Olympics.
Have a safe and happy Memorial Day, and I’ll see you on Tuesday!
-- Kat
Department Order Date Vendor Description Amount
MIS 5/09/2024 SHI
INTERNATIONAL
CORP
Meraki Licenses and Hardware for Parking $5,190.40
LIBRARY 5/09/2024 LONG BUILDING
TECHNOLOGIES,
INC.
REPLACE HEATING ELEMENT BUNDLE FOR THE ELECTRIC BOILER $12,918.00
SMIC SEWER 5/10/2024 JWC
ENVIRONMENTAL
Sole Source: Replace Wastewater Processor Muffin Monster at
SMIC Wastewater Treatment Plant - Prison process wastewater
$12,087.00
CAMPGROUNDS 5/16/2024 DXP ENTERPRISES,
INC
Purchase of back up Flygt Sump Pump for the Showerhouse DXP /
Alaska Pump & Supply, Inc. is it’ backup Flygt Sump Pump for the
Showerhouse DXP / Alaska Pump & Supply, Inc. is its s only
authorized representation/direct distributor in the State of Alaska.
$7,025.00
CMR May 28
5
Library & Museum – Sue Drover, Director Library/Museum
Library Operations:
•Summer operating hours (May 1-September 29)
o Tuesday – Friday: 9am-6pm
o Saturday: 9am-5pm
o Closed May 28th in honor of Memorial Day
•Library is fully staffed
•Our new agents are processing passports with minimal supervision. We processed 6 passports
this month to date
•The Inter-Library Loan (ILL) program is flowing nicely. Our staff has been able to process the
requests in a timely manner and are very comfortable with the process
•Over 11 working days (May 1-15, 2024) there were
o 38 events facilitated
o 15 Shushbooth reservations
o 3 exams proctored
Programs:
•Summer Reading Program continues to receive registrations for ages 1 year to 8th grade. The
first program is Wednesday, May 29th at the Bear Creek Weir
•I just completed training at the United States Holocaust Memorial Museum in DC for the
traveling exhibition Americans and the Holocaust. I am working to put together the mandatory
4 programs, and we have booked several school field trips for September. Additionally, I have
tentatively scheduled Rebecca Erbelding, PhD, Historian, USHMM to speak at our Opening
Reception scheduled Friday, August 30th
Museum Operations:
•Summer operating hours (May 1 to September 29)
o Tuesday – Friday: 9am – 6pm
o Saturday: 9am – 5pm
o Sunday: 1pm – 4:30pm
•Admission price is $5
•May attendance (halfway): 406 Visitors
o Alaska: Anchorage, Fairbanks, Kasilof, Kenai, Kodiak, Nikiski, Wasilla
o United States: Alabama, California, Florida, Georgia, Hawaii, Indiana, Maryland, New
Hampshire, New Jersey, New York, Oregon, South Dakota, Texas, Utah, Wisconsin,
Wyoming
o International: Australia, Canada, England, Mexico, Portugal
Ongoing Exhibitions:
•First World Flight Centennial, 1924 – 2024 Window Display: Did you know that Seward was one
of the stops in mankind's first-ever flight around the world? In collaboration with Friends of
Magnuson Park in Seattle, we will mark the centennial of this historic achievement in aviation
(On Display April 2 – June 1)
•May is for Historic Preservation Month! In honor of Historic Preservation Month, the Seward
Museum is proud to present a small display in the Library Hallway celebrating the rich heritage
of our historical buildings & sites.
•Newly installed Jacoby Exhibit and Jesse Lee Home Exhibit!
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6
Upcoming Exhibitions:
•Seward Tsunami Swim Club Window Display: Discover the Seward Tsunami Swim Club and learn
how it has been a cornerstone of the Seward community for decades. Whether you were a
member, know someone on the current swim team, or you’re simply curious about the world of
swimming, come check it out! (on display June 4 – August 31)
Collections:
•Beginning June 4, the museum team will complete a thorough inventory, covering all artifacts,
artworks, and items within its collection. This initiative will take approximately 2 weeks to
ensure accurate records, identify discrepancies, and enhance overall collection management
Public Works Department – Doug Schoessler, Director
•The Street Department is busy with spring activities. Pavement potholes are being patched
around town and sweeping activities continue. Be patient, we will get to your street too! The
snow piles at boulder field and the upland parking areas continue to melt as we blade them with
the dozer
•The Maintenance Shop is busy fixing multiple vehicles and equipment breakdowns. Summer tire
changeovers are complete
•The Water-Wastewater Departments have finished most water supply turn-ons for city
campgrounds, the harbor, and many seasonal businesses and residents. Required testing is
being completed regularly at all water and wastewater facilities
•State of Alaska DOT and QAP will be finishing up work on the Mile 0-8 Project. The line painting
from Van Buren to Railway will begin June 3rd. There will be road closures and night work to
finish as quickly as possible. Expect more information for detours and road closures very soon
•The Water and Sewer Rate Study is almost ready to present, and a presentation/discussion will
be scheduled soon at an upcoming council meeting. There are two very important parts to
implement from the study. First, we need to replace the current complicated ERU billing for all
businesses and any residential apartment buildings that are a 3-plex or larger. They will all have
to be “metered”. This will simplify the whole system for the customer and our billing process.
Second, we need to adjust the rates and revenues to keep on track for maintenance and
operations
Community Development – Danny Meuninck, Director
•The Kenai Peninsula Borough’s Office of Emergency Management hosted a discussion on the
KPB 2024 Hazard Mitigation Plan update at the most recent Planning and Zoning Commission
Work Session. Members of the public were invited to participate in the planning process by
assisting in the identification of community concerns related to hazards, locations of concern,
hazard mitigation opportunities, and hazard mitigation goals. If you were unable to attend,
please consider filling out this survey to share your thoughts
o https://survey123.arcgis.com/.../b7e115a6290849448564fef7...
For more information on the current plan update please visit:
o https://hazard-mitigation-plan-kpb.hub.arcgis.com
•Additionally at the Planning and Zoning Commission Work Session, the Program Manager for the
Seward Bear Creek Flood Service Area discussed a recent study done on Scheffler Creek and
possible flood mitigation options available to those affected. Members of the public who live in
CMR May 28
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the Scheffler Creek floodplain or who are concerned about other flooding issues inside city limits
were encouraged to attend
•The Planning and Zoning Commission is still looking to fill their final seat on the Commission. A
recorded informational session about the Commission is up on the Community Development
website for any interested Seward citizens. Commissioners receive $100 per month for their
participation on the Commission
Fire Department – Chief Clinton Crites
•There are 25 building permits issued and we have responded to 148 calls for service year-to-
date
•We have hired a seasonal laborer to assist with maintenance around the station, hose testing,
waxing apparatus, and a host of many overdue projects
•May 16 Seward Fire assisted Bear Creek Fire with a structure fire in the Camelot subdivision, no
one was injured, but the cabin was a total loss
•May 17-19 three of our members attended the Valdez
Fire Symposium to learn about advanced search and
victim removal strategies, advanced ladder placements,
building ventilations, and many more subjects to bring
back to Seward and instruct our other responders in the
latest knowledge and skills
•May 20 Seward Fire assisted Bear Creek with a second
structure fire in a week. Unfortunately, the home was
destroyed but Seward Fire utilized our Pet Oxygen
masks to revive the owner's dog that had succumbed to
carbon monoxide poisoning. Prior to leaving the scene
the family’s dog was healing nicely and we wish him a
speedy recovery
•May 25th was the annual Phoenix Cruise, and we would
like to thank all of our sponsoring donors and gracious
attendees for bidding on those items to raise funds for
local emergency responder training for the east side of
the peninsula departments
Seward Harbor and SMIC – Tony Sieminski, Harbormaster
Seward Harbor:
•Preliminary seasonal duties are mostly completed. Harbor staff was able to perform major water
line fix on M float
•We applied for a Maritime Administration (MARAD) Port and Infrastructure Development
Program (PIDP) Grant on May 10, 2024. Notice of funding scheduled for 4th quarter of 2024
•Met with Alaska Harbor Consulting for Z float expansion project on May 4 to discuss plans.
Currently, we are working with finance to fund that project
•Harbor Office Administration position is still available
CMR May 28
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•Harbor Office started our summer schedule on May 12 and is now open 7 days per week
•Harbor opening weekend May 17 – May 19 with fun activities in the area including Mermaid
Festival, Barbeque, Boat Parade and much more
•The Department is currently conducting the online portion to become certified in both CPR and
First Aid
•50-ton lift schedule is increasing and continuing to train newer employees in its operation
•On May 21, I will be representing the City of Seward in welcoming the United States Ship Ted
Stevens Commissioning Committee. The purpose of this visit is to review Alaska’s premier ports
as possible locations for the Commissioning of the Ted Stevens, the Navy’s newest guided-
missile destroyer, in 2026
•On May 22, Seward will host the 18th Annual Combat Fishing Tournament. This is the largest
military appreciation tournament in the U.S.! It provides 165+ service members the opportunity
to experience deep-sea fishing in Alaska
SMIC:
•North Dock interest for the first half of May has been above average with phone calls daily for
available space for that facility
•300-ton lift schedule increasing and continuing to train newer employees in its operation
Seward Parks and Recreation Department – Melanie Hauze, Director
Sports and Recreation:
•Sports and Rec held our annual Pink Cheeks Triathlon on Saturday May 4th with 70 participants
running through the snow and biking in the rain. Jason Lamoreaux was the overall winner for
the second straight year
•Pickleball League has begun on Wednesday nights. The eight-team league is three weeks into
the season and, as of now, Dinkin Donuts holds the top spot
•Saturday May 11th was our bike rodeo with many helmets handed out, a bit of rainy biking, and
a lot of support from the police and fire department with an open house, BBQ, and floats
•Our Super Saturday winner for the second year in a row was Grace Williams who picked up over
15 bags of trash. The middle school also did their part, taking over 100 bags for the school to use
to clean up
•The Exit Glacier 5/10K Race was held Sat May 18th with over 60 participants
Campgrounds:
•Shower house is now open
•Waterfront restrooms are open
•After Memorial Day Campgrounds almost booked solid
Park Maintenance:
•Fertilizing and seeding park areas, fields, and green spaces
•Garden prep for flowers to plant. Volunteers will adopt a flower bed and maintain throughout
the season. SPRD will recognize volunteers with a sponsorship sign in garden
•Picnic table and bumper placement in campgrounds. Continue to refurbish old tables and
assemble new tables
CMR May 28
9
Parking:
•Seasonal Parking passes are now available for purchase at the Sports & Rec front desk, at the
AVTEC gym, the City Annex, and online at www.recdesk.com
•As of May 15th, parking is now enforced
Police Department – Chief Alan Nickell
•On Saturday, May 11, the Seward Police Department hosted the Annual Bike Rodeo with the
Parks and Rec and Fire Departments. Despite the rainy weather, we had a great turnout of all
different ages. We would like to thank the Seward Bike Shop for volunteering their bike repair
skills to make sure everyone’s bikes are in good shape for the summer
•As Seward grows to its summer population, we ask that drivers be extra vigilant for bikes and
pedestrians utilizing the streets and bike paths. Please plan on adding a few extra minutes to
your normal commutes due to the road construction and street maintenance
Finance Department – Sully Jusino, Director
•Finance Director S. Jusino was awarded a scholarship to attend the GFOA’s 118th Annual
Conference/Training on June 5-12
•Finance and Utility Assist. is preparing for the first round of utility disconnection due to accounts
in delinquency status when weather conditions permit. We offer deferred payment plans and
information on assistance organizations; don't hesitate to contact our Utility Department. There
are approximately 130 accounts in delinquency status that meet the requirement for
disconnection
•Finance continues to work with the auditors performing our annual audit. Currently, we are
working with Providence for the asset portion of the financials
IT Department – Dustin Phillips, Director
•Check links in emails before you click them. Phishing and other internet scams are going strong.
However, a lot of users aren’t familiar with ways to quickly tell what an attempted scam is and
what isn’t. One way you can see if something is a scam is by either hovering your mouse over a
link and see if what is revealed matches the expected domain of the sender or by copying the
link and pasting it into notepad to verify the legitimacy of the link
•For example, you receive an email claiming to be from your bank and asking you to verify your
account information. You would normally expect the email to come from
soemone@yourbank.com. However, when you look at the “from” address it comes from
scammer@dontfallforit.com. Hovering over the link in the email also shows it will take you to
download.malware.ru and not www.yourbank.com
CMR May 28
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Clerk Report
Tuesday, May 28, 2024
Kris Peck
When browsing City of Seward meeting videos, the clerk recommends
the "Live" tab because it arranges all Council, P&Z, PACAB and HPC live
streams in order of meeting date. There is also a search option that is
only for searching within the City of Seward video collection.
Search QVI
MY of
Home Videos Live Community
Popular Oldest
r.
PACAB Work Session 05/15/2024
17 views • Streamed 4 days ago
City Council Meeting 5/13/2024
59 views • Streamed 6 days ago
P8Z Meeting 5/7/2024
69 views • Streamed 12 days ago
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PACAB Meeting 5/1/2024
70 views • Streamed 2 weeks ago
Other tips:
Turning on the CC auto -generated subtitles can be very helpful for
trying to locate a particular item or discussion within the video.
The meeting agendas are now being posted in the video description
section underneath the playbar.
City of Seward, Alaska City Council Meeting Minutes
May 13, 2024 Volume 42, Page
CALL TO ORDER
The May 13, 2024, regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Sue McClure.
OPENING CEREMONY
Deputy Police Chief Karl Schaefermeyer led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Sue McClure, presiding, and
John Osenga
Mike Calhoon
Kevin Finch
Randy Wells
Robert Barnwell
Julie Crites
comprising a quorum of the Council; and
Kat Sorensen, City Manager
Jason Bickling, Deputy City Manager
Kris Peck, City Clerk
Sam Severin, City Attorney
Excused – Calhoon
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING – None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Osenga/Wells) Approval of Agenda and Consent Agenda
McClure removed Resolution 2024-028 from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the April 29, 2024, City Council Minutes
12
City of Seward, Alaska City Council Meeting Minutes
May 13, 2024 Volume 42, Page
SPECIAL ORDERS, PRESENTATIONS, AND REPORTS
Proclamations and Awards
Proclamation for Building Safety Month was read by Vice Mayor Osenga and accepted by Fire
Chief Clinton Crites.
Proclamation for Sobina Clendaniel for becoming Seward’s first All-American wrestler was read
by Mayor McClure and accepted by Sobina Clendaniel.
In Memoriam of Marianna Keil was read by Mayor McClure and accepted by Duane Keil.
City Manager Report
City Manager Kat Sorensen referred to her written report in the packet. She provided an
additional update on monthly contract negotiations with Chugach Electric. The city would no
longer be automatically renewing the power supply contract after December 31, 2024. This would
provide an opportunity to negotiate the best rate for the ratepayers. On another topic, the DMV
had an unforeseen closure and there would be an abbreviated schedule until further notice. Lastly,
Sorensen announced the seasonal parking permits were available for sale at the AVTEC Sports &
Recreation front desk.
Deputy Police Chief Karl Schaefermeyer said that Saturday’s Bike Rodeo event drew a
good crowd despite the rainy weather.
City Clerk Report
City Clerk Kris Peck provided a summary of the city logo contest that was held in the
1980s.
City Attorney Report
City Attorney Sam Severin provided an update on current litigation against the city that
stemmed from an issue with the city jail.
Presentations
Rural Cap Mutual Self Help Housing Program by Mi’shell French [telephonic]
PUBLIC HEARINGS
Ordinances for Enactment
Ordinance 2024-008: Amending Seward City Code 2.30.225 And 16.01, Responsibilities of the
Planning and Zoning Commission
13
City of Seward, Alaska City Council Meeting Minutes
May 13, 2024 Volume 42, Page
Motion (Osenga/Wells) Enact Ordinance 2024-008
Bickling said there were subdivisions of varying quality in Seward. Subdivision
agreements were complicated, and this ordinance would give Planning & Zoning oversight over
the utilities. Currently the decisions were being made by whichever city staff person happened to
be sitting in the office at the time. This ordinance would give P&Z the powers to ensure responsible
development.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one appeared and the public hearing was closed.
Barnwell asked what the basis was for P&Z involvement with the utilities. Bickling
provided scenarios where P&Z could help in advisory role to the community development director
or the public works director.
McClure proposed a housekeeping amendment on Section C 6. Telephone and
Communication to change the word “telephone” to “communication” in that section. There was
no objection from the council.
Main Motion Passed As Amended Unanimous
UNFINISHED BUSINESS
Other Unfinished Business
Discussion Continued on Parking Signs at the Mount Marathon Hiking Trailhead
McClure said this discussion item was being continued from the previous meeting.
Sorensen said that administration’s recommendation was to make the emergency access
lane into an official fire lane. She said the fire lane status would include immediate towing.
Council discussed penalties and fine amounts and came to the consensus that a $150 dollar
ticket plus towing was fair.
Council directed administration to designate the Mt. Marathon hiking trailhead emergency
access as a fire lane which would include towing and a parking fine amount of $150.
NEW BUSINESS
Resolutions
Resolution 2024-028: Adopting The Seward Marine Industrial Center Development Plan as
Updated in November 2022
Motion (Osenga/Wells) Approve Resolution 2024-028
14
City of Seward, Alaska City Council Meeting Minutes
May 13, 2024 Volume 42, Page
Bickling said this SMIC development plan was overdue for council approval. He
recommended this plan be adopted now to help advance the project. There were still numerous
issues and aspects of the plan that needed to be updated. All the feedback and citizen comments
would be taken to PACAB (Port and Commerce Advisory Board) for review. This plan was a
living document, and it would be getting a modern facelift with maps and photos.
McClure said she removed it from consent because she wanted that explanation from
administration.
Bickling noted PACAB was on hiatus until September. Administration could work on it
over the summer and present it to PACAB in the fall.
Main Motion Passed Unanimous
Other New Business
Discuss Fingerprint Machine
Sorensen said the Spring Creek Correctional Center (SCCC) was in dire need of a
fingerprinting machine and they made the city an offer to take over the fingerprinting service
completely. The city’s current fingerprinting service fee was $35 dollars.
Correctional Superintendent James Milburn said that SCCC having the machine would
make their fingerprinting tasks a lot easier. Milburn said their staff was currently using an ink
roller that was then processed by a lab. The ink prints were often not clean and had to be re-done.
This particular machine provided much better results with fingerprints. To accommodate the
public, SCCC would post a schedule of when the fingerprinting service would be available and
offer the service at no charge.
Council supported Spring Creek Correctional Facility taking over the city’s fingerprint
machine. Spring Creek would post hours of availability to the public and offer the service
free of charge.
INFORMATIONAL ITEMS AND REPORTS
Boards and Commissions Minutes
April 2, 2024, Planning & Zoning Commission Minutes
April 3, 2024, Port & Commerce Advisory Board Minutes
Other Items
Upcoming City Council Meetings
Tuesday, May 28, 2024 [Monday is Memorial Day Holiday]
15
City of Seward, Alaska City Council Meeting Minutes
May 13, 2024 Volume 42, Page
CITIZEN COMMENTS - None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Sorensen said on June 10, 2024 there would be a council work session on electric
infrastructure. June was going to be a busy training month as she would be attending ICS 300, ICS
400, and governmental financial training. Due to all the training programs, Sorensen would miss
both council meetings in June.
Barnwell said he was still working on his Super Saturday litter cleanup project. It was
inspiring how many bags of trash had been cleaned up. On another note, he liked that council was
tackling all of the various plans such as the SMIC Development Plan.
Crites appreciated the Rural Cap presentation.
Finch gave a shout-out to the Seward Wrestling Team and Nate Smith’s dedication as
coach. He thanked Spring Creek Correctional Center for their efforts to provide the fingerprinting
service. He liked tackling the parking issue at Mt. Marathon trailhead and looked forward to
discussing downtown parking issues.
Osenga congratulated Seward’s first All-American wrestler.
McClure reminded everyone that this Saturday was the Mermaid Festival and the annual
Harbor Opening Weekend. There was going to be a dedication of new plaques at the Mariners’
Memorial as well as the Blessing of the Fleet and boat parade. Lastly, she had promised Council
Member Calhoon that she would announce the annual Memorial Day service at the American
Legion Cemetery.
Sorensen added the Exit Glacier Race and the Torch Run were also taking place this
Saturday.
ADJOURNMENT
The meeting was adjourned at 8:05 p.m.
_____________________________ _________________________________
Kris Peck Sue McClure
City Clerk Mayor
(City Seal)
16
Ordinance 2024-009
AN ORDINANCE OF THE SEWARD CITY COUNCIL,
AMENDING SEWARD CITY CODE 15.10.226 – LAND
USES ALLOWED TABLE, PROHIBITING CLUSTER
SUBDIVISIONS IN ALL ZONING DISTRICTS
Documents:
•Agenda Statement
•Ordinance 2024-009
•Attachments: None
Ordinance 2024-009
17
City Council Agenda Statement
Meeting Date: May 28, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Danny Meuninck, Community Development Director
Subject: Ordinance 2024-009, Amending Seward City Code 15.10.226 – Land
Uses Allowed Table, Prohibiting Cluster Subdivisions in all Zoning
Districts
Background and justification:
On April 2, 2024, Community Development held public work sessions with the Planning and
Zoning Commission to discuss Planned Unit Developments and to determine if any specific
regulations should be incorporated into city code. As part of the discussion, Cluster Subdivisions
were brought up since they are a form of a Planned Unit Development.
The definition of a cluster subdivision is, “A development design technique that permits a
reduction in lot area provided there is no increase in the number of lots permitted under a
conventional subdivision or increase in overall density of development by concentrating
buildings in specific areas on a site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive areas”.
Currently our city code allows cluster subdivisions to be built in single-family, two-family, and
multi-family residential zoning districts with an approved conditional use permit. The Planning
and Zoning Commission supports the current minimum lot size requirements in city code for
each of these zoning districts and does not want to allow lot sizes to be any smaller. There are
no Cluster Subdivisions in the city currently.
Prohibiting cluster subdivisions would not restrict future developments to be able to set aside
land for recreation, common open space and preservation of environmentally sensitive areas, it
would simply mean that any such dedications would have to be done according to the current
lot size requirements in city code.
On May 7, 2024, the Planning and Zoning Commission approved Resolution 2024-010
recommending the City Council approve this amendment to city code.
The effect of this legislation would be to prohibit cluster subdivisions in all zoning districts
within the City of Seward.
Ordinance 2024-009
18
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, 2.2.8 “Continue to review and update the city code.”
Vol 1, 3.2.1.1 “Manage land use to facilitate economic development while
maintaining the historic, small town character of Seward.”
Strategic Plan:
Other: SCC 15.01.035(A) & SCC 15.01.035 (B)(1b.)
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This 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
Not applicable
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Ordinance
Other:
Ordinance 2024-009
19
Sponsored: Kat Sorensen
Introduction: May 28, 2024
Public Hearing: June 10, 2024
Enactment: June 10, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE 15.10.226 – LAND USES ALLOWED TABLE,
PROHIBITING CLUSTER SUBDIVISIONS IN ALL ZONING DISTRICTS
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to City Council; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, the Planning and Zoning Commission held a work session on April 2, 2024,
to review the use and regulation of Planned Unit Developments in city code; and
WHEREAS, during that work session, Cluster Subdivisions were also discussed as they
are a type of a Planned Unit Development; and
WHEREAS, the definition of a Cluster Subdivision is, “A development design technique
that permits a reduction in lot area provided there is no increase in the number of lots permitted
under a conventional subdivision or increase in overall density of development by concentrating
buildings in specific areas on a site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive areas”; and
WHEREAS, Cluster subdivisions are currently allowed in single-family, two-family, and
multi-family residential zoning districts with an approved conditional use permit; and
WHEREAS, there are no Cluster Subdivisions in the city; and
WHEREAS, the Commission voiced that they supported the current lot size
requirements in city code for each zoning district, and would not want lot sizes to be any smaller;
and
WHEREAS, future developments will still be able to set aside land for recreation,
common open space and preservation of environmentally sensitive areas as long as the lot sizes
meet the development requirements specified for the zoning district in which the land is being
developed; and
WHEREAS, on May 7, 2024 the Planning and Zoning Commission approved Resolution
2024-010 recommending City Council amend Title 15.10.226, prohibiting cluster subdivisions in
all zoning districts on the land uses allowed table.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Ordinance 2024-009
20
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR = Rural, very low density single-family residential
R1 = Single-family, low density residential
R2 = Single and two-family, medium density residential
R3 = Single, two and multi-family, high density residential
UR = Urban residential, a mix of residential uses and low impact home professional
offices
OR = Office residential
AC = Auto and neighborhood oriented, light commercial
HC = Harbor commercial
CB = Central business district - dense downtown commercial
I = Industrial
RM = Resource management - partially developable lands subject to floodplains and
steep slopes
INS = Institutional, public, quasi-public uses
P = Parks
Table 15.10.226. Land Uses Allowed
Key:
O – Use Permitted Outright
H – Home Occupation
C – Use Requires Conditional Use Permit
P – Use Requires Administrative Permit
Blank – Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Accessory building O O O O O O O O O O O O O
Ordinance 2024-009
21
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel,
insurance, title, real
estate, etc.
O O O O O
Agriculture O
Airport and related
services
O C
Amusement or
recreation facility
O O O
Animal shelter O C C
Antenna, personal
TV, satellite dish
O O O O O O O O O O O O
Art gallery O O O O O
Assemblages,
temporary large, i.e.,
circus, fair
P P P P P P P
Attraction, permanent
major visitor
C C C C C
Auditorium O O O
Auto repair, i.e.,
mechanic, glass
body, upholstery
C O
Auto service/gas
station
O O O
Auto/RV sales and
rentals
O O O
Boat sales O O O
Boat, commercial
building/fabrication
O O
Boat, harbor/marina C C C C C
Boat, repair and
maintenance
O O O C
Boat, storage
commercial
O O O C
Bulk material, i.e.,
concrete, gravel,
sand, asphalt
C C
Business, marine
retail sales and
service
O O O O C
Ordinance 2024-009
22
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Business, package
liquor
O O O
Business, retail sales
and service
O O O O
Business, retail sales
and service, industrial
O
Campground,
municipal
C/P C/P C/P C/P
Campground, camper
park, private
C/P C/P C/P
Campground,
employee
C/P
Car/boat wash O O O
Cemetery O C O
Center,
community/civic
O O C C
Center, mariner's O O O O
Center, senior or
teen
C C C O O C C
Child care, licensed
center
C C O O O C
Child care, licensed
home
O O O O O O O O O
Church C C C C C C O O O O
Clinic, medical O O O O O
Clubs,
fraternal/lodges/socia
l/ veterans
C O O C
Cluster subdivision C C C
Cluster subdivision INTENTIONALLY LEFT BLANK
Commercial
Communications
tower less than 16
feet diameter or 75
feet in height
C C C C C C
Commercial
Communications
tower 16 feet
diameter or greater
than 75 feet in height
C C C
Correctional/prison
facility
C C C C
Ordinance 2024-009
23
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Crematory O
Docks/wharves,
industrial cargo
O O C C
Dock, passenger O O O C O
Drinking
establishment, i.e.,
bar, nightclub, lounge
C C C
Drive-in facility—
Fast food, banking,
etc.
C C C C C
Dwelling, apartment
in a commercial
building (limited to
one unit)
O O O O O C
Dwelling, apartment
in a commercial
building (two or more
units)
O O C C
Dwelling, apartment,
efficiency or
accessory
O O O O O O O
Dwelling, apartment,
studio
C C C C C C
Dwelling, attached
single-family, i.e.,
townhouse, row
C C C C C C C
Dwelling,
condominium
C C C C C C C
Dwelling, detached
single-family
O O O O O O O C C
Dwelling, group
home
O O O O O O C
Dwelling, guest
house
O O C
Dwelling, multi-
family (3 or more
units)
C C C C C C C
Dwelling, two-
family or duplex
O O O O O C C
Dwelling, watchman
or caretaker
O C
Emergency services,
pub/vol; i.e., fire,
ambulance, rescue
C C C C C C O C O O C O
Financial institution,
i.e., bank, S&L
C O O
Ordinance 2024-009
24
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Flea market, open air
retail other than
occasional
C C C
Fuels, bulk storage
and sales
C
Golf course O O C
Golf driving range O O O O C
Greenhouse/nursery
—Commercial
O O O
Grocery,
convenience store
C C C O O O O
Grocery,
supermarket,
foodmart
O O
Health club C C O O O
Home occupation O O O O O O O O O O
Hospital C C
Housing, bunkhouse C C C
Housing, dormitory O O
Housing, nursing,
retirement,
convalescent
C C C
Kennel, commercial,
musher or fancier
INTENTIONALLY LEFT BLANK
Laundry, dry
cleaning
O C O O
Library O O O O
Livestock, excluding
chickens and rabbits
P P
Livestock, chickens
and rabbits
P P P P P P P P P
Lodging, B&B H/P H/P H/P H/P H/P O/P O/P O/P O/P
Lodging, hostel P P P P P P
Lodging, hotel,
motel, lodge, inn
C O C C
Lodging, short-term
rental
H/P H/P H/P H/P H/P P P P P
Lumber
yard/building supply
C O C
Ordinance 2024-009
25
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Manufacturing—
noxious, heavy
C
Manufacturing, light
fabrication, assembly
C C O
Merchant, transient O O O O
Mobile home park C/P
Mobile home,
residential, not in
park
INTENTIONALLY LEFT BLANK
Mobile home sales O O
Mobile medical unit O O O
Mobile vendor P P P P P P P P P P P
Mortuary/funeral
home
O O O
Museum C O O O O O
Office, boat charter,
guide
O O O O O C
Office, business or
professional
O O O O O
Office,
government/quasi-
government
administration
O O O O O O O
Office,
mobile/temporary on
construction site
P P P P P P P P P P P P P
Office, home,
professional
O O O O O
Parking lot C C O O O O O O O O
Personal services,
i.e., beauty, shoe,
tailor
O O O O
Planned unit
development
C C C C C C
Playground, public
tot lot
O O O O O O O O O O O
Railroad C C C C
Recreation,
commercial indoor,
i.e., bowling, skating
O O O C
Ordinance 2024-009
26
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Recreation, outdoor,
i.e., miniature golf
O C C C
Recreation, shooting
range
C C C
Recycling center C C O C
Recycling, self-
service drop-off point
O O O O O O O O
Rental, Long-term O O O O O O O O O O C C
Repair service, i.e.,
large appliance
C C O
Resource extraction,
commercial
subsurface, i.e.,
mining
C C C
Resource extraction,
commercial surface,
i.e., gravel
C C C
Resource extraction,
commercial timber
harvesting
C C
Restaurant, food
service, catering,
brew pub
O O O O O C
Rooming or
boarding house
O/P O/P O/P O/P
Roving Vendor P P P P P P P P P P P
Salvage—auto,
wrecking, scrap,
junkyard
C
Sawmill or
lumbermill
C C
School, college C C C
School,
public/private
elementary/secondary
C C C C C C C C C
School, vocational C O O C O C
Seafood processing,
i.e., canning,
rendering
C C C C
Shop, i.e., welding,
sheetmetal, machine,
steel fab.
C C O
Ordinance 2024-009
27
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Shop, i.e., wood,
signs, cabinet,
upholstery
C C O C O
Shopping center
(mall)
C C
Solid waste disposal,
i.e., baler, transfer,
landfill
C C C
Storage, container P P P P O P
Storage, explosives P
Storage, outdoor,
yard,
material/equipment
C O O C
Storage, self service O O O O
Storage, warehouse
and distribution
O O O C C
Studio,
radio/television
C O O O O C
Tanks, aboveground
associated with
service station
C C O
Taxidermy O O O O O
Terminal, i.e., bus,
truck, freight
O C O C
Terminal,
marine/boat
passenger
O C O O C
Theater, concert,
movie
O O
Tool/equipment
rental
O O
Temporary structure P P P P P P P P P P
Utility facility,
public electric, water,
sewer, etc.
C C C C C C O O O O O O
Vehicle impound lot O O
Vending machine
repair, storage
O O C
Veterinary hospital C C C
Ordinance 2024-009
28
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
10th day of June, 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck
City Clerk
(City Seal)
Ordinance 2024-009
29
Resolution 2024-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROVING THE WORK FOR YUKON
FIRE SYSTEMS ON THE UTILITY GENERATION
FACILITIES AND APPROPRIATING FUNDS
Documents:
•Agenda Statement
•Resolution 2024-029
•Attachments:
o Yukon Quote Dial House
o Yukon Quote Three Six Generation
Resolution 2024-029
30
City Council Agenda Statement
Meeting Date: May 28, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Brian Hickey, Utility Director
Subject: Resolution 2024-029: Approving The Work For Yukon Fire Systems On
The Utility Generation Facilities and Appropriating Funds
Background and justification:
The fire suppression systems in the Fort Raymond Dial House and the Three-Six generator rooms
are beyond the end of their useful life and currently do not meet the National Fire Protection
Association or international Fire Code Requirements. Because of this they have been classified
as “Status 1: System out of service or major deficiency” and must be replaced immediately.
There is sufficient funding in the Major Repair and Replacement Fund (MRRF) to cover the
replacement of these systems.
Yukon Fire protection services is currently under contract (Yukon Fire Contract #C21-025) to
provide fire suppression inspection, maintenance, repair and replacement services.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.7.1.4
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 159,800
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $ 159,800
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
Not applicable
Resolution 2024-029
31
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other MRRF
Note: amounts are unaudited
Available Fund Balance $ 1,607,301.76
Finance Director Signature:
Attorney Review
Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
Resolution 2024-029
32
Sponsored by: B. Hickey
CITY OF SEWARD, ALASKA
RESOLUTION 2024-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO APPROVE THE
WORK FOR YUKON FIRE SYSTEMS ON THE UTILITY GENERATION
FACILITIES AND APPROPRIATING FUNDS
WHEREAS, the fire suppression systems in the Fort Raymond Dial House and Three-Six
generator room have reached the end of their useful life; and
WHEREAS, these fire suppression systems do not meet the City, National Fire Protection
Association, or International Fire Code fire protection requirements, and
WHEREAS, these systems are classified as “Status 1: System out of service or major
deficiency” and must be replaced immediately; and
WHEREAS, there is sufficient funding in the Major Repair and Replacement Fund
(MRRF) to cover the replacement of these systems;
WHEREAS, Yukon Fire Protection Services is currently under contract (Yukon Fire
Contract # C21-025) to provide fire suppression inspection, maintenance, repair and replacement
services to the City of Seward;
WHEREAS, Yukon Fire Protection has provided a confirmed quote in the amount of:
•$49,260 for the Dial House fire suppression system replacement; and,
•$110,540 for the Plant Three and Six fire suppression system replacement.
WHEREAS, these quotes exclude ancillary equipment and services, including building
envelope leak mitigation, low voltage and AC wiring, and UPS systems. Therefore, an additional
20% contingency has been added to these proposed prices, resulting in a total funding requirement
of $159,800.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby authorizes the City Manager to engage Yukon Fire
Protection and necessary subcontractors to replace these facilities subject to the terms and
conditions of their proposals dated April 11, 2024
Section 2. Funding in the amount not to exceed $159,800 is hereby appropriated from the
Major Repair Replacement Fund (MRRF) on the building expense code 15001-0000-8102.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution 2024-029
33
CITY OF SEWARD, ALASKA
RESOLUTION 2023-029
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th
day of May, 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kris Peck
City Clerk
(City Seal)
Resolution 2024-029
34
YUKON FIRE PROTECTION
Project Name
CITY OF SEWARD POWER PLANT
Dial house system replacement
Date
4-11-2024
Quote Expires
45 Days From Issue
•Alarm Monitoring
•Commercial Fire Alarm Systems
•Industrial Fire & Gas Detection Systems
•Voice Evacuation and Mass Notification
•Turnkey Fire Sprinkler Systems
•Clean Agent & Inert Gas Fire Suppression
•Pre-Engineered Kitchen Fire Suppression
•Pre-Engineered Paint Booth Fire Suppression
•Pre-Engineered Vehicle Fire Suppression
•Marioff Water Mist Fire Suppression
Prepared By
Joe DiCarlo| BDA
Yukon Fire Protection Services, Inc
5451 Laona Drive Anchorage, Alaska 99518
Cell 907-223-4010 / Fax 907-562-2754
jdicarlo@yukonfire.com
Yukon Fire Protection is located on a 5-acre secured facility off International Airport Drive close to the Ted
Stevens International Airport with a large, secured laydown storage yard that is fenced and gated. Yukon offers
commercial fire alarm systems, industrial grade fire systems for classified area locations/potentially explosive
environments, clean agent special hazard system solutions, water mist solutions, restaurant kitchen suppression
solutions, large vehicle/heavy equipment suppression solutions, and is a turn-key provider of sprinkler systems.
Resolution 2024-029
35
YUKON FIRE PROTECTION
SCOPE OF THE WORK Dial house:
Yukon Fire Protection will provide engineering services, programming, equipment, installation, and commissioning of the FK-5-1-12
clean Agent suppression system for the City of Seward at Three six generator building. The system will be released by a Kidde Agis
releasing panel with smoke detection and pull stations. Building dimensions are 26ft x 36ft x10ft.
Engineering/Design:
•All Engineering labor required to Design the FK 5-1-12 fire suppression System for the above-mentioned
facility.
•Site survey
•Submittal drawings and component data.
•Sets of O & M Manuals.
•Sets of as-built drawings upon completion of the installation and system certification.
•Fire Alarm Permit and the Submission to the Fire Marshall for review.
Page 1 of 3
Resolution 2024-029
36
YUKON FIRE PROTECTION
Specialty equipment:
•All control equipment.
•All field input devices indicated on the bid documents.
•All field output devices indicated on the bid documents.
•Novec fire system components.
•Freight charges for the equipment to be shipped from the factory to Seward, Alaska.
Installation:
•Installation of NOVEC cylinders, piping, devices, panel, and panel termination. Installation of all Conduit, wiring, back
boxes and 120 power will need to be done by others and is not included in the quote .
Check Out and Certification:
•Functional testing of all system components including programming of the system control panel.
•Checkout of the installation per NEC, and NFPA.
Training :
•1- 4-hour block for employee training
Warranty :
•1 year period from completion.
Exclusions:
•120 dedicated power.
•Installation of the low voltage wiring for the releasing and detection systems
•Room sealing
•Troubles shooting ground faults
•Uninterruptable power supplies
Page 2 of 3
Resolution 2024-029
37
YUKON FIRE PROTECTION
Included Excluded YUKON FIRE INCLUSIONS AND EXCLUSIONS CHECK LIST
Yes No ENGINEERING SERVICES FOR DETECTION/RELEASING AND CLEAN AGENT SYSTEM
X Detection Shop Drawings
X Releasing Shop Drawings
X Clean Agent suppression Shop Drawings
X Operation and Maintenance Manuals
X Product Submittals Documentation
X As-Built drawings
X System(s) are design build
X System(s) labeling and signage
X Shipping to Anchorage – Optic Flame and Thermal Heat Detection Material
X Delivery to Jobsite – Clean Agent Equipment
Yes
No
INSTALLATION OF DETECTION AND RELEASING
X Installation of any kind
X Installation of field devices
X Installation of cabling
X Providing backboxes
X Installation of backboxes, conduit, or fittings
X Terminations
X Correction of wiring faults caused by others
X Testing, repair/trouble shooting of existing and/or new cable or circuits
X Testing and/or locating ground faults of installed systems
Yes
X
No
Uninterrupted Power Supplies or Megger Testing
INSTALLATION OF CLEAN AGENT SYSTEM
X Installation of Clean Agent cylinders
X Installation of piping and nozzles
X Forklifts, manlifts, or scaffolding
X Room Sealing
X Room (2) Integrity testing per site
Yes
No
ONSITE TECHICIAL, TESTING, and FIELD SERVICES
X Factory Site Services – Startup, Programming
X Commissioning
X Documentation for Final Acceptance Test
X Training
X Work performed during Normal Working Hours of 7AM and 4:30PM
X Overtime and Prevailing Wage labor rates
Dial house quote - $49,260.00 USD
Page 3 of 3
Resolution 2024-029
38
Terms & Conditions/Yukon Fire Protection Services Inc.
COMPANY agrees to sell the goods covered herein (the “Goods”) to Customer pursuant to the following terms of sale which supersede
any alternative terms in any other document unless COMPANY has expressly agreed in writing to override these terms. ANY ATTEMPTED
ACKNOWLEDGEMENT OF AN ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT
BINDING. ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN CUSTOMER’S PURCHASE ORDER OR IN ANY OTHER CORRESPONDENCE
SHALL BE DEEMED OBJECTED TO BY COMPANY AND SHALL BE OF NO FORCE OR EFFECT. Notwithstanding anything contained in the
attached customer order to the contrary the terms and conditions of sale (“Agreement”) shall govern the rights and obligations of the
parties and in the event of a conflict between the provisions of this agreement and the order, the provisions of this Agreement shall
prevail. This Agreement may not be modified, amended or waived in any way except in writing signed by an authorized representative of
Company.
1. ACCEPTANCE ‐ Acceptance of an Order is based on the express condition that Customer agrees to these Terms. Acceptance of any
portion of the shipment or material by Customer will constitute Customer’s assent to these Agreement Terms in its entirety.
2. PRICES AND PAYMENT ‐ All prices on Companies price list are subject to change by Company without notice. Company reserves the
right to increase its prices and Customer shall pay any such increases, to compensate for variations in labor, materials, currency exchange,
import surcharge, excise duty, air and ocean freight charges or other costs between the date of the purchase order, quotation or tender
and the date of shipment. Company shall ship Products FOB Companies Plant and shall invoice upon shipment in U.S. dollars. Full
payment for the Products and spare parts (including any freight, taxes, insurance, special packing, or other applicable costs initially paid
by Company for the account of Customer) shall be made by Customer to Company ten (10) days from the date of the invoice. Payment
shall be in U.S. dollars. At such time as Company may grant a line of credit to Customer, payment terms shall be net ten (10) days after
date of invoice. Any invoiced amount not paid when due shall be subject to a service charge of one and ten percent (10%) per month.
Customer shall pay all of Companies costs and expenses (including reasonable attorneys' fees) to enforce and preserve Companies rights
under this Section. If, at any time or for any reason, Company shall have cause to question Customer’s ability to perform, Company may
demand such assurances of Customer’s performance as Company shall deem necessary in its discretion, including payment in advance for
all shipments. If Customer fails within 10 days of Companies demand to provide Company with such assurance, Company shall be entitled
to cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges and may proceed to
collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damage resulting from Customer’s
default. In the event of bankruptcy or insolvency of Customer, or in the event of any proceeding brought against the Customer, voluntarily or
involuntarily, under bankruptcy or any insolvency laws, Company shall be entitled to cancel any order then outstanding at any time.
3. TAXES ‐ The price for the goods purchased does not include sales, use, excise or similar taxes, whether federal, state or local. Unless
otherwise specifically provided, the amount of any such taxes applicable to the goods shall be paid by Customer in the same manner and
with the same effect as if originally included in the purchase price. When Company has the legal obligation to collect such taxes, the
appropriate amount shall be added to Customer’s invoice and paid by Customer unless and until Customer provides Company with a valid
tax exemption certificate authorized by the appropriate taxing authority.
4. LIMITED WARRANTY ‐ Subject to the limitations below, Company warrants any equipment installed pursuant to this Agreement to be
free from defects in material and workmanship under normal use for a period of one (1) year from the date of first use or Equipment is
shipped for any part of the Covered System(s), provided however, that Companies soles liability, and Customer’s sole remedy, under this
limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is
defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company
does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses, links and circuit breakers. Company
warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment
described in this Agreement, however, Customer agrees and acknowledges that the software may have inherent defects because of its
complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published
modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included
in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from
defects for a period of thirty (30) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED
HEREUNDER. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at
other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or
adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs,
adjustments or interconnections performed by Customer or any third party shall void all warranties.
5. FORCE MAJEURE ‐ Neither party will be in breach of this contract or be liable to the other party if it fails to perform or delays the
performance of an obligation as a result of an event beyond its reasonable control, including, strikes, industrial disputes, fire, flood, act of
GOD, extreme weather or act of government. Company shall have such additional time for performance as may be reasonably necessary
under the circumstances and may adjust the price to reflect increases occasioned by such delay. Acceptance by Customer of any Goods
shall constitute a waiver by Customer of any claim for damages on account of any delay in delivery of such Goods.
6. DELIVERY ‐ Shipping, service, and installation dates are estimates only, and the Company in no way guarantees that ordered goods
and/or services will be delivered in accordance with estimated schedules. Without limiting the generality of the foregoing, Company’s
acceptance is conditioned on being allowed additional time for delivery of the Product due to delays beyond its reasonable control
without any liability thereof as a result of any delay. If delivery is thus delayed for more than 60 days, either Customer or Company may
by written notice, cancel an order without liability thereof with respect to any goods and/or services remaining undelivered, provided
that the remaining provisions of this contract shall remain unaffected. Acceptance of shipment by designated shipper, goods m ade
available for shipment from Company’s vendor, allocation of Goods to Customer at premises other than Companies, delivery to
Customer’s representative or designee, or mailing of an invoice to Customer, shall constitute tender of Delivery. Title and risk of loss to
Products shall pass to Customer when available for shipment from Companies vendor. In no event shall Customer be entitled to make any
deduction from any payment due hereunder by reason of loss or damage in transit. In the absence of directions, Goods may be shipped
by the method and via carrier Company believes dependable. If delivery is delayed or interrupted by Customer for any cause, Company
may store the Goods at Customer’s expense and risk, and Company may charge Customer for additional costs incurred. If Company’s
delayed with production due to delays in receiving Customer’s approval or acceptance of designs, drawings, prints, engineering or
technical data, or is awaiting Customer’s approval or acceptance of Goods, Company shall be entitled to an adjustment in price
commensurate with any increase in Companies cost of production and any other losses and expenses incurred by Company attributable
to such delays. Company shall have the right to charge Customer for the completed portion of the order and to warehouse all completed
Goods for Customer’s account and risk of loss. Customer shall comply with all applicable laws on signage and notification to creditors for
Product owned by Company under this Section and shall indemnify Company against any and all loss, damage, cost or expense for failure
to satisfy such requirements. Company also reserves the right at is options, as to any uncompleted portion of the order to cancel said
uncompleted portion, or to revise its prices and delivery schedules on the portion not completed to reflect its increased costs and
expenses attributable to thedelay.
7. CANCELLATIONS – Any termination under the terms of this Agreement shall be made in writing. In the event Customer terminates this
Agreement prior to completion for any reason, Customer understands and agrees that Company will incur costs of administration and
preparation that were done in good faith. Accordingly, should Customer terminate this Agreement as described above, Customer agrees
to pay all charges incurred for products and equipment and services. No electronic equipment that has been removed from its original
packaging will be returnable. No mechanical equipment will be returnable. The return of ANY material will be at the Companies sole
discretion and will include a restocking fee of twenty‐five (25%) of sale price. Company may terminate this Agreement at its sole
discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable.
8. REJECTION OF PRODUCTS ‐ Customer shall inspect all Products promptly upon receipt thereof and may reject any standard
merchandise product that fails in any material way to meet the specifications set forth in Companies current vendor brochure and
specifications for that Product. Any Product not properly rejected within two (2) days of shipment ("Rejection Period") shall be deemed
accepted. If any unit of a Product is shipped by Customer to a job site prior to the expiration of the Rejection Period, then that unit shall
be deemed accepted upon shipment by Customer. To reject Product, Customer must, within the Rejection Period, obtain an RMA number
from Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit
will be issued forsame.
COMPLETE AND SIGN FOR APPROVAL
9. RETURN OF PRODUCTS AFTER REJECTION PERIOD ‐ Unless Product is returned in accordance with the provisions herein, after the
Rejection Period, Customer may not return Product to Company for any reason without Companies prior written consent. For any Product
for which Company gives such consent, Company shall charge Customer a restocking fee equal to twenty‐five percent (25%) of Customers
Purchase Price for that Product and shall credit the balance of the Purchase Price to Customers account. Customer shall be responsible for
all shipping charges. To return Product, Customer must, within the Warranty Period, obtain an RMA number from Companies customer
service by written request. Parts that are special ordered as per the Company, are not returnable and no credit will be issued for same.
10. LIMITATION OF LIABILITY ‐ It is understood and agreed by the Customer that amounts payable by Company hereunder are based
upon the value of the services and the scope of liability (sale price) set forth in this Agreement and are unrelated to the value of the
Customer’s property and the property of others located on the premises. If water is unavailable for completion of hydrostatic testing at
the industry typical time that such testing would normally occur, and Customer decides to proceed with finish work (sheetrock, paint,
finish trim, etc.), while waiting for water to be made available, Customer accepts all responsibility for any damage that may arise when
hydrostatic testing is commenced. Customer releases and waives all right of recovery against Company arising by way of subrogation, for
injuries or damage in the event of any loss or injury. Company makes no guaranty or Warranty, including any implied warranty of
merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the
consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the
actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this
Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or
indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should
Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s
liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time
and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites,
liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and
exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY
SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS
BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF
THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement
shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents,
officers and directors.
11. INDEMNIFICATION – Each Party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party (as the
“Indemnifying Party”), their affiliates, officers, directors, employees, agents, and other representatives from and against any and all
claims, demands, losses, liabilities, damages, expenses (including reasonable attorney’s fees) and causes of action (hereinafter “Claims”)
for Claims caused by or resulting from the fault, negligent, or reckless acts or omissions of the Indemnifying Party, its officers, employees,
agents, contractors, licensees or invitees. Any Claims that are the results of negligence or willful misconduct of both Parties, their officers,
directors, employees, agents, contractors, licensees or invitees, shall be apportioned on a comparative fault basis, and each Part shall
indemnify the other Party for any liabilities and damages assessed against them in excess of their percentage of liability. This provision
shall survive the termination of this Agreement.
12. AUDIT ‐ Notwithstanding any provision to the contrary, Company agrees, upon reasonable request, to substantiate that Companies
billing is in conformity with the terms of the agreement and to furnish documents verifying each charge billed to the Customer on a time
and material basis or to the extent required by law. Company is not required to provide any audit privileges to Customer for fixed price or
lump sumagreements.
13. CODE COMPLIANCE ‐ Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically
stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction may establish additional requirements for
compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer.
14. SEVERABILITY ‐ All provisions herein are severable and unenforceability of any one provision shall not affect the validity of any other
provisionhereof.
15. GOVERNMENT PROCUREMENTS – Company offers standard commercial and industrial equipment. This standard commercial and
industrial equipment may not comply with any U.S. Government specifications. Company shall have no responsibility for ensuring such
compliance. Company supplies standard commercial and industrial pricing information. Company does not comply with the Cost
Accounting Standards (CAS) or the Federal Acquisition Regulations (FAR).
16. INTELLECTUAL PROPERTY RIGHTS ‐ “Intellectual Property Rights” means rights in patents, utility models, trade or service marks, trade
names, copyrights (including rights in computer, firmware, software and databases) and moral rights, design rights, inventions,
discoveries, confidential information, rights in know‐how, and rights to all or any other industrial or intellectual property, in any format
now known or hereafter devised, whether or not registered or capable of registration including, where the context allows, applications
for the grant of any of the foregoing and the right to apply for any of the foregoing, and all rights or forms of protection having an
equivalent or similar effect to any of the foregoing which may now exist or are hereafter created in any part of the world (“IPR”). All IPR in
products, designs, documentation, data, processes, methods, and other Intellectual Property that is owned, claimed, designed,
developed, generated, or produced by Company in connection with this Agreement will be and remain the sole and exclusive property of
Company and will not be deemed to be "works made for hire" or "commissioned works." Without limiting the foregoing, Company
reserves the right to use such items for others, and to license the use of such items to others.
17. SOFTWARE LICENSE ‐ “Software” shall mean any proprietary software Company provides for the ordinary operation of the Company
products, any optional software to enhance the operation of the Company products and any upgrades or revisions of the same provided
by Company in fulfillment of this order or at Customers request in relation to Company products. Customer is granted a limited license for
any Software and related user documentation delivered by, Company whether as part of any product or provided separately. This limited
license allows Customer to: a) use the Software and user documentation only on the products on which it is installed at the time of
delivery or, if the Software is supplied separately, in connection with the particular Company products intended for use with such
software as supplied by, Company and b) in accordance with the terms of any end user license agreements or other license terms and
conditions that may be included with the Software. Customer may not distribute copies of Software or documentation to others.
Customer may not decompile, reverse‐engineer, disassemble, or otherwise reduce the Software to human‐perceivable form or create
derivative works.
18. MODIFICATIONS AND SUBSTITUTIONS ‐ Company reserves the right to modify materials, including substituting materials of later
design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s).
19. CHANGES, ALTERATIONS, ADDITIONS ‐ Changes, alterations and additions to the Scope of Work, plans, specifications or construction
schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the
cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no
agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays,
then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra
work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by
Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of
Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and
prices, delivery and completion dates shall be changed by Company as may be required.
20. COMPLIANCE WITH LAWS ‐ Customer represents, warrants, certifies and covenants (collectively “Covenants”) that it will comply with
all laws applicable to the materials, services and/or the activities contemplated or provided under these Terms, including, but not limited
to, any national, international, federal, state, provincial or local law, treaty, convention, protocol, common law, regulation, directive or
ordinance and all lawful orders, including judicial orders, rules and regulations issued thereunder.
21. GOVERNING LAW ‐ This contract shall be governed by and construed in accordance with the laws of the State of Alaska.
22. BACKCHARGES ‐ No charges shall be levied against the Company unless five (5) days prior written notice is given to Company to
correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly
caused byCompany.
23. ONE YEAR LIMITATION ON ACTIONS ‐ It is agreed that no suit, or cause of action or other proceeding shall be brought against Company
more than one (1) year after the accrual of the cause of action, whether known or unknown when the claim arises or whether based on
tort, contract, or any other legaltheory.
24. LEGAL FEES ‐ Company shall be entitled to recover from the customer all legal fees incurred in connection with Company enforcing the
terms and conditions of this Agreement.
Resolution 2024-029
39
Resolution 2024-029
40
Terms & Conditions/Yukon Fire Protection Services Inc.
COMPANY agrees to sell the goods covered herein (the “Goods”) to Customer pursuant to the following terms of sale which supersede
any alternative terms in any other document unless COMPANY has expressly agreed in writing to override these terms. ANY ATTEMPTED
ACKNOWLEDGEMENT OF AN ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT
BINDING. ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN CUSTOMER’S PURCHASE ORDER OR IN ANY OTHER CORRESPONDENCE
SHALL BE DEEMED OBJECTED TO BY COMPANY AND SHALL BE OF NO FORCE OR EFFECT. Notwithstanding anything contained in the
attached customer order to the contrary the terms and conditions of sale (“Agreement”) shall govern the rights and obligations of the
parties and in the event of a conflict between the provisions of this agreement and the order, the provisions of this Agreement shall
prevail. This Agreement may not be modified, amended or waived in any way except in writing signed by an authorized representative of
Company.
6. ACCEPTANCE ‐ Acceptance of an Order is based on the express condition that Customer agrees to these Terms. Acceptance of any
portion of the shipment or material by Customer will constitute Customer’s assent to these Agreement Terms in its entirety.
7. PRICES AND PAYMENT ‐ All prices on Companies price list are subject to change by Company without notice. Company reserves the
right to increase its prices and Customer shall pay any such increases, to compensate for variations in labor, materials, currency exchange,
import surcharge, excise duty, air and ocean freight charges or other costs between the date of the purchase order, quotation or tender
and the date of shipment. Company shall ship Products FOB Companies Plant and shall invoice upon shipment in U.S. dollars. Full
payment for the Products and spare parts (including any freight, taxes, insurance, special packing, or other applicable costs initially paid
by Company for the account of Customer) shall be made by Customer to Company ten (10) days from the date of the invoice. Payment
shall be in U.S. dollars. At such time as Company may grant a line of credit to Customer, payment terms shall be net ten (10) days after
date of invoice. Any invoiced amount not paid when due shall be subject to a service charge of one and ten percent (10%) per month.
Customer shall pay all of Companies costs and expenses (including reasonable attorneys' fees) to enforce and preserve Companies rights
under this Section. If, at any time or for any reason, Company shall have cause to question Customer’s ability to perform, Company may
demand such assurances of Customer’s performance as Company shall deem necessary in its discretion, including payment in advance for
all shipments. If Customer fails within 10 days of Companies demand to provide Company with such assurance, Company shall be entitled
to cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges and may proceed to
collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damage resulting from Customer’s
default. In the event of bankruptcy or insolvency of Customer, or in the event of any proceeding brought against the Customer, voluntarily or
involuntarily, under bankruptcy or any insolvency laws, Company shall be entitled to cancel any order then outstanding at any time.
8. TAXES ‐ The price for the goods purchased does not include sales, use, excise or similar taxes, whether federal, state or local. Unless
otherwise specifically provided, the amount of any such taxes applicable to the goods shall be paid by Customer in the same manner and
with the same effect as if originally included in the purchase price. When Company has the legal obligation to collect such taxes, the
appropriate amount shall be added to Customer’s invoice and paid by Customer unless and until Customer provides Company with a valid
tax exemption certificate authorized by the appropriate taxing authority.
9. LIMITED WARRANTY ‐ Subject to the limitations below, Company warrants any equipment installed pursuant to this Agreement to be
free from defects in material and workmanship under normal use for a period of one (1) year from the date of first use or Equipment is
shipped for any part of the Covered System(s), provided however, that Companies soles liability, and Customer’s sole remedy, under this
limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is
defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company
does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses, links and circuit breakers. Company
warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment
described in this Agreement, however, Customer agrees and acknowledges that the software may have inherent defects because of its
complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published
modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included
in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from
defects for a period of thirty (30) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED
HEREUNDER. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at
other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or
adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs,
adjustments or interconnections performed by Customer or any third party shall void all warranties.
10. FORCE MAJEURE ‐ Neither party will be in breach of this contract or be liable to the other party if it fails to perform or
delays the performance of an obligation as a result of an event beyond its reasonable control, including, strikes, industrial disputes, fire,
flood, act of GOD, extreme weather or act of government. Company shall have such additional time for performance as may be
reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by such delay. Acceptance by
Customer of any Goods shall constitute a waiver by Customer of any claim for damages on account of any delay in delivery of such Goods.
6. DELIVERY ‐ Shipping, service, and installation dates are estimates only, and the Company in no way guarantees that ordered goods
and/or services will be delivered in accordance with estimated schedules. Without limiting the generality of the foregoing, Company’s
acceptance is conditioned on being allowed additional time for delivery of the Product due to delays beyond its reasonable control
without any liability thereof as a result of any delay. If delivery is thus delayed for more than 60 days, either Customer or Company may
by written notice, cancel an order without liability thereof with respect to any goods and/or services remaining undelivered, provided
that the remaining provisions of this contract shall remain unaffected. Acceptance of shipment by designated shipper, goods m ade
available for shipment from Company’s vendor, allocation of Goods to Customer at premises other than Companies, delivery to
Customer’s representative or designee, or mailing of an invoice to Customer, shall constitute tender of Delivery. Title and risk of loss to
Products shall pass to Customer when available for shipment from Companies vendor. In no event shall Customer be entitled to make any
deduction from any payment due hereunder by reason of loss or damage in transit. In the absence of directions, Goods may be shipped
by the method and via carrier Company believes dependable. If delivery is delayed or interrupted by Customer for any cause, Company
may store the Goods at Customer’s expense and risk, and Company may charge Customer for additional costs incurred. If Company’s
delayed with production due to delays in receiving Customer’s approval or acceptance of designs, drawings, prints, engineering or
technical data, or is awaiting Customer’s approval or acceptance of Goods, Company shall be entitled to an adjustment in price
commensurate with any increase in Companies cost of production and any other losses and expenses incurred by Company attributable
to such delays. Company shall have the right to charge Customer for the completed portion of the order and to warehouse all completed
Goods for Customer’s account and risk of loss. Customer shall comply with all applicable laws on signage and notification to creditors for
Product owned by Company under this Section and shall indemnify Company against any and all loss, damage, cost or expense for failure
to satisfy such requirements. Company also reserves the right at is options, as to any uncompleted portion of the order to cancel said
uncompleted portion, or to revise its prices and delivery schedules on the portion not completed to reflect its increased costs and
expenses attributable to thedelay.
25. CANCELLATIONS – Any termination under the terms of this Agreement shall be made in writing. In the event Customer
terminates this Agreement prior to completion for any reason, Customer understands and agrees that Company will incur costs of
administration and preparation that were done in good faith. Accordingly, should Customer terminate this Agreement as described
above, Customer agrees to pay all charges incurred for products and equipment and services. No electronic equipment that has been
removed from its original packaging will be returnable. No mechanical equipment will be returnable. The return of ANY material will be
at the Companies sole
discretion and will include a restocking fee of twenty‐five (25%) of sale price. Company may terminate this Agreement at its sole
discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable.
26. REJECTION OF PRODUCTS ‐ Customer shall inspect all Products promptly upon receipt thereof and may reject any standard
merchandise product that fails in any material way to meet the specifications set forth in Companies current vendor brochure and
specifications for that Product. Any Product not properly rejected within two (2) days of shipment ("Rejection Period") shall be deemed
accepted. If any unit of a Product is shipped by Customer to a job site prior to the expiration of the Rejection Period, then that unit shall
be deemed accepted upon shipment by Customer. To reject Product, Customer must, within the Rejection Period, obtain an RMA number
from Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit
will be issued forsame.
COMPLETE AND SIGN FOR APPROVAL
27. RETURN OF PRODUCTS AFTER REJECTION PERIOD ‐ Unless Product is returned in accordance with the provisions herein,
after the Rejection Period, Customer may not return Product to Company for any reason without Companies prior written consent. For
any Product for which Company gives such consent, Company shall charge Customer a restocking fee equal to twenty‐five percent (25%)
of Customers Purchase Price for that Product and shall credit the balance of the Purchase Price to Customers account. Customer shall be
responsible for all shipping charges. To return Product, Customer must, within the Warranty Period, obtain an RMA number from
Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit will be
issued for same.
28. LIMITATION OF LIABILITY ‐ It is understood and agreed by the Customer that amounts payable by Company hereunder are based
upon the value of the services and the scope of liability (sale price) set forth in this Agreement and are unrelated to the value of the
Customer’s property and the property of others located on the premises. If water is unavailable for completion of hydrostatic testing at
the industry typical time that such testing would normally occur, and Customer decides to proceed with finish work (sheetrock, paint,
finish trim, etc.), while waiting for water to be made available, Customer accepts all responsibility for any damage that may arise when
hydrostatic testing is commenced. Customer releases and waives all right of recovery against Company arising by way of subrogation, for
injuries or damage in the event of any loss or injury. Company makes no guaranty or Warranty, including any implied warranty of
merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the
consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the
actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this
Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or
indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should
Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s
liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time
and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites,
liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and
exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY
SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS
BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF
THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement
shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents,
officers and directors.
29. INDEMNIFICATION – Each Party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party (as the
“Indemnifying Party”), their affiliates, officers, directors, employees, agents, and other representatives from and against any and all
claims, demands, losses, liabilities, damages, expenses (including reasonable attorney’s fees) and causes of action (hereinafter “Claims”)
for Claims caused by or resulting from the fault, negligent, or reckless acts or omissions of the Indemnifying Party, its officers, employees,
agents, contractors, licensees or invitees. Any Claims that are the results of negligence or willful misconduct of both Parties, their officers,
directors, employees, agents, contractors, licensees or invitees, shall be apportioned on a comparative fault basis, and each Part shall
indemnify the other Party for any liabilities and damages assessed against them in excess of their percentage of liability. This provision
shall survive the termination of this Agreement.
30. AUDIT ‐ Notwithstanding any provision to the contrary, Company agrees, upon reasonable request, to substantiate that Companies
billing is in conformity with the terms of the agreement and to furnish documents verifying each charge billed to the Customer on a time
and material basis or to the extent required by law. Company is not required to provide any audit privileges to Customer for fixed price or
lump sumagreements.
31. CODE COMPLIANCE ‐ Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically
stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction may establish additional requirements for
compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer.
32. SEVERABILITY ‐ All provisions herein are severable and unenforceability of any one provision shall not affect the validity of any other
provisionhereof.
33. GOVERNMENT PROCUREMENTS – Company offers standard commercial and industrial equipment. This standard commercial and
industrial equipment may not comply with any U.S. Government specifications. Company shall have no responsibility for ensuring such
compliance. Company supplies standard commercial and industrial pricing information. Company does not comply with the Cost
Accounting Standards (CAS) or the Federal Acquisition Regulations (FAR).
34. INTELLECTUAL PROPERTY RIGHTS ‐ “Intellectual Property Rights” means rights in patents, utility models, trade or service marks, trade
names, copyrights (including rights in computer, firmware, software and databases) and moral rights, design rights, inventions,
discoveries, confidential information, rights in know‐how, and rights to all or any other industrial or intellectual property, in any format
now known or hereafter devised, whether or not registered or capable of registration including, where the context allows, applications
for the grant of any of the foregoing and the right to apply for any of the foregoing, and all rights or forms of protection having an
equivalent or similar effect to any of the foregoing which may now exist or are hereafter created in any part of the world (“IPR”). All IPR in
products, designs, documentation, data, processes, methods, and other Intellectual Property that is owned, claimed, designed,
developed, generated, or produced by Company in connection with this Agreement will be and remain the sole and exclusive property of
Company and will not be deemed to be "works made for hire" or "commissioned works." Without limiting the foregoing, Company
reserves the right to use such items for others, and to license the use of such items to others.
35. SOFTWARE LICENSE ‐ “Software” shall mean any proprietary software Company provides for the ordinary operation of the Company
products, any optional software to enhance the operation of the Company products and any upgrades or revisions of the same provided
by Company in fulfillment of this order or at Customers request in relation to Company products. Customer is granted a limited license for
any Software and related user documentation delivered by, Company whether as part of any product or provided separately. This limited
license allows Customer to: a) use the Software and user documentation only on the products on which it is installed at the time of
delivery or, if the Software is supplied separately, in connection with the particular Company products intended for use with such
software as supplied by, Company and b) in accordance with the terms of any end user license agreements or other license terms and
conditions that may be included with the Software. Customer may not distribute copies of Software or documentation to others.
Customer may not decompile, reverse‐engineer, disassemble, or otherwise reduce the Software to human‐perceivable form or create
derivative works.
36. MODIFICATIONS AND SUBSTITUTIONS ‐ Company reserves the right to modify materials, including substituting materials of later
design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s).
37. CHANGES, ALTERATIONS, ADDITIONS ‐ Changes, alterations and additions to the Scope of Work, plans, specifications or construction
schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the
cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no
agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays,
then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra
work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by
Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of
Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and
prices, delivery and completion dates shall be changed by Company as may be required.
38. COMPLIANCE WITH LAWS ‐ Customer represents, warrants, certifies and covenants (collectively “Covenants”) that it will comply with
all laws applicable to the materials, services and/or the activities contemplated or provided under these Terms, including, but not limited
to, any national, international, federal, state, provincial or local law, treaty, convention, protocol, common law, regulation, directive or
ordinance and all lawful orders, including judicial orders, rules and regulations issued thereunder.
39. GOVERNING LAW ‐ This contract shall be governed by and construed in accordance with the laws of the State of Alaska.
40. BACKCHARGES ‐ No charges shall be levied against the Company unless five (5) days prior written notice is given to Company to
correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly
caused byCompany.
41. ONE YEAR LIMITATION ON ACTIONS ‐ It is agreed that no suit, or cause of action or other proceeding shall be brought against Company
more than one (1) year after the accrual of the cause of action, whether known or unknown when the claim arises or whether based on
tort, contract, or any other legaltheory.
42. LEGAL FEES ‐ Company shall be entitled to recover from the customer all legal fees incurred in connection with Company enforcing the
terms and conditions of this Agreement.
SIGNATURE OF CUSTOMER REPRESENTATIVE CUSTOMER REPRESENTATIVE NAME (PRINTED)
DATE TITLE OF SIGNER
Resolution 2024-029
41
YUKON FIRE PROTECTION
Project Name
CITY OF SEWARD POWER PLANT
Three six generator system replacement
Date
4-11-2024
Quote Expires
45 Days From Issue
• Alarm Monitoring
• Commercial Fire Alarm Systems
• Industrial Fire & Gas Detection Systems
• Voice Evacuation and Mass Notification
• Turnkey Fire Sprinkler Systems
• Clean Agent & Inert Gas Fire Suppression
• Pre-Engineered Kitchen Fire Suppression
• Pre-Engineered Paint Booth Fire Suppression
• Pre-Engineered Vehicle Fire Suppression
• Marioff Water Mist Fire Suppression
Prepared By
Joe DiCarlo| BDA
Yukon Fire Protection Services, Inc
5451 Laona Drive Anchorage, Alaska 99518
Cell 907-223-4010 / Fax 907-562-2754
jdicarlo@yukonfire.com
Yukon Fire Protection is located on a 5-acre secured facility off International Airport Drive close to the Ted
Stevens International Airport with a large, secured laydown storage yard that is fenced and gated. Yukon offers
commercial fire alarm systems, industrial grade fire systems for classified area locations/potentially explosive
environments, clean agent special hazard system solutions, water mist solutions, restaurant kitchen suppression
solutions, large vehicle/heavy equipment suppression solutions, and is a turn-key provider of sprinkler systems.
Resolution 2024-029
42
YUKON FIRE PROTECTION
SCOPE OF THE WORK FOR Three six Generator:
Yukon Fire Protection will provide engineering services, programming, equipment, installation, and commissioning of the FK-5-1-12
clean Agent suppression system for the City of Seward at Three six generator building. The system will be released by a Kidde Agis
releasing panel with smoke detection and pull stations. Building dimensions are 46ft x 30ft x24ft.
Engineering/Design:
•All Engineering labor required to Design the FK 5-1-12 fire suppression System for the above-mentioned
facility.
•Site survey
•Submittal drawings and component data.
•Sets of O & M Manuals.
•Sets of as-built drawings upon completion of the installation and system certification.
•Fire Alarm Permit and the Submission to the Fire Marshall for review.
Page 1 of 3
Resolution 2024-029
43
YUKON FIRE PROTECTION
Specialty equipment:
•All control equipment.
•All field input devices indicated on the bid documents.
•All field output devices indicated on the bid documents.
•Novec fire system components.
•Freight charges for the equipment to be shipped from the factory to Seward, Alaska.
Installation:
•Installation of NOVEC cylinders, piping, devices, panel, and panel termination. Installation of all Conduit, wiring, back
boxes and 120 power will need to be done by others and is not included in the quote .
Check Out and Certification:
•Functional testing of all system components including programming of the system control panel.
•Checkout of the installation per NEC, and NFPA.
Training :
•1- 4-hour block for employee training
Warranty :
•1 year period from completion.
Exclusions:
•120 dedicated power.
•Installation of the low voltage wiring for the releasing and detection systems
•Room sealing
•Troubles shooting ground faults
•Uninterruptable power supplies
Page 2 of 3
Resolution 2024-029
44
YUKON FIRE PROTECTION
Included Excluded YUKON FIRE INCLUSIONS AND EXCLUSIONS CHECK LIST
Yes No ENGINEERING SERVICES FOR DETECTION/RELEASING AND CLEAN AGENT SYSTEM
X Detection Shop Drawings
X Releasing Shop Drawings
X Clean Agent suppression Shop Drawings
X Operation and Maintenance Manuals
X Product Submittals Documentation
X As-Built drawings
X System(s) are design build
X System(s) labeling and signage
X Shipping to Anchorage – Optic Flame and Thermal Heat Detection Material
X Delivery to Jobsite – Clean Agent Equipment
Yes No INSTALLATION OF DETECTION AND RELEASING
X Installation of any kind
X Installation of field devices
X Installation of cabling
X Providing backboxes
X Installation of backboxes, conduit, or fittings
X Terminations
X Correction of wiring faults caused by others
X Testing, repair/trouble shooting of existing and/or new cable or circuits
X Testing and/or locating ground faults of installed systems
Yes
X
No
Uninterrupted Power Supplies or Megger Testing
INSTALLATION OF CLEAN AGENT SYSTEM
X Installation of Clean Agent cylinders
X Installation of piping and nozzles
X Forklifts, manlifts, or scaffolding
X Room Sealing
X Room (2) Integrity testing per site
Yes No ONSITE TECHICIAL, TESTING, and FIELD SERVICES
X Factory Site Services – Startup, Programming
X Commissioning
X Documentation for Final Acceptance Test
X Training
X Work performed during Normal Working Hours of 7AM and 4:30PM
X Overtime and Prevailing Wage labor rates
Three six generator quote - $110,540.00 USD
Page 3 of 3
Resolution 2024-029
45
Terms & Conditions/Yukon Fire Protection Services Inc.
COMPANY agrees to sell the goods covered herein (the “Goods”) to Customer pursuant to the following terms of sale which supersede
any alternative terms in any other document unless COMPANY has expressly agreed in writing to override these terms. ANY ATTEMPTED
ACKNOWLEDGEMENT OF AN ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT
BINDING. ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN CUSTOMER’S PURCHASE ORDER OR IN ANY OTHER CORRESPONDENCE
SHALL BE DEEMED OBJECTED TO BY COMPANY AND SHALL BE OF NO FORCE OR EFFECT. Notwithstanding anything contained in the
attached customer order to the contrary the terms and conditions of sale (“Agreement”) shall govern the rights and obligations of the
parties and in the event of a conflict between the provisions of this agreement and the order, the provisions of this Agreement shall
prevail. This Agreement may not be modified, amended or waived in any way except in writing signed by an authorized representative of
Company.
1. ACCEPTANCE ‐ Acceptance of an Order is based on the express condition that Customer agrees to these Terms. Acceptance of any
portion of the shipment or material by Customer will constitute Customer’s assent to these Agreement Terms in its entirety.
2. PRICES AND PAYMENT ‐ All prices on Companies price list are subject to change by Company without notice. Company reserves the
right to increase its prices and Customer shall pay any such increases, to compensate for variations in labor, materials, currency exchange,
import surcharge, excise duty, air and ocean freight charges or other costs between the date of the purchase order, quotation or tender
and the date of shipment. Company shall ship Products FOB Companies Plant and shall invoice upon shipment in U.S. dollars. Full
payment for the Products and spare parts (including any freight, taxes, insurance, special packing, or other applicable costs initially paid
by Company for the account of Customer) shall be made by Customer to Company ten (10) days from the date of the invoice. Payment
shall be in U.S. dollars. At such time as Company may grant a line of credit to Customer, payment terms shall be net ten (10) days after
date of invoice. Any invoiced amount not paid when due shall be subject to a service charge of one and ten percent (10%) per month.
Customer shall pay all of Companies costs and expenses (including reasonable attorneys' fees) to enforce and preserve Companies rights
under this Section. If, at any time or for any reason, Company shall have cause to question Customer’s ability to perform, Company may
demand such assurances of Customer’s performance as Company shall deem necessary in its discretion, including payment in advance for
all shipments. If Customer fails within 10 days of Companies demand to provide Company with such assurance, Company shall be entitled
to cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges and may proceed to
collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damage resulting from Customer’s
default. In the event of bankruptcy or insolvency of Customer, or in the event of any proceeding brought against the Customer, voluntarily or
involuntarily, under bankruptcy or any insolvency laws, Company shall be entitled to cancel any order then outstanding at any time.
3. TAXES ‐ The price for the goods purchased does not include sales, use, excise or similar taxes, whether federal, state or local. Unless
otherwise specifically provided, the amount of any such taxes applicable to the goods shall be paid by Customer in the same manner and
with the same effect as if originally included in the purchase price. When Company has the legal obligation to collect such taxes, the
appropriate amount shall be added to Customer’s invoice and paid by Customer unless and until Customer provides Company with a valid
tax exemption certificate authorized by the appropriate taxing authority.
4. LIMITED WARRANTY ‐ Subject to the limitations below, Company warrants any equipment installed pursuant to this Agreement to be
free from defects in material and workmanship under normal use for a period of one (1) year from the date of first use or Equipment is
shipped for any part of the Covered System(s), provided however, that Companies soles liability, and Customer’s sole remedy, under this
limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is
defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company
does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses, links and circuit breakers. Company
warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment
described in this Agreement, however, Customer agrees and acknowledges that the software may have inherent defects because of its
complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published
modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included
in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from
defects for a period of thirty (30) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED
HEREUNDER. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at
other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or
adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs,
adjustments or interconnections performed by Customer or any third party shall void all warranties.
5. FORCE MAJEURE ‐ Neither party will be in breach of this contract or be liable to the other party if it fails to perform or delays the
performance of an obligation as a result of an event beyond its reasonable control, including, strikes, industrial disputes, fire, flood, act of
GOD, extreme weather or act of government. Company shall have such additional time for performance as may be reasonably necessary
under the circumstances and may adjust the price to reflect increases occasioned by such delay. Acceptance by Customer of any Goods
shall constitute a waiver by Customer of any claim for damages on account of any delay in delivery of such Goods.
6. DELIVERY ‐ Shipping, service, and installation dates are estimates only, and the Company in no way guarantees that ordered goods
and/or services will be delivered in accordance with estimated schedules. Without limiting the generality of the foregoing, Company’s
acceptance is conditioned on being allowed additional time for delivery of the Product due to delays beyond its reasonable control
without any liability thereof as a result of any delay. If delivery is thus delayed for more than 60 days, either Customer or Company may
by written notice, cancel an order without liability thereof with respect to any goods and/or services remaining undelivered, provided
that the remaining provisions of this contract shall remain unaffected. Acceptance of shipment by designated shipper, goods m ade
available for shipment from Company’s vendor, allocation of Goods to Customer at premises other than Companies, delivery to
Customer’s representative or designee, or mailing of an invoice to Customer, shall constitute tender of Delivery. Title and risk of loss to
Products shall pass to Customer when available for shipment from Companies vendor. In no event shall Customer be entitled to make any
deduction from any payment due hereunder by reason of loss or damage in transit. In the absence of directions, Goods may be shipped
by the method and via carrier Company believes dependable. If delivery is delayed or interrupted by Customer for any cause, Company
may store the Goods at Customer’s expense and risk, and Company may charge Customer for additional costs incurred. If Company’s
delayed with production due to delays in receiving Customer’s approval or acceptance of designs, drawings, prints, engineering or
technical data, or is awaiting Customer’s approval or acceptance of Goods, Company shall be entitled to an adjustment in price
commensurate with any increase in Companies cost of production and any other losses and expenses incurred by Company attributable
to such delays. Company shall have the right to charge Customer for the completed portion of the order and to warehouse all completed
Goods for Customer’s account and risk of loss. Customer shall comply with all applicable laws on signage and notification to creditors for
Product owned by Company under this Section and shall indemnify Company against any and all loss, damage, cost or expense for failure
to satisfy such requirements. Company also reserves the right at is options, as to any uncompleted portion of the order to cancel said
uncompleted portion, or to revise its prices and delivery schedules on the portion not completed to reflect its increased costs and
expenses attributable to thedelay.
7. CANCELLATIONS – Any termination under the terms of this Agreement shall be made in writing. In the event Customer terminates this
Agreement prior to completion for any reason, Customer understands and agrees that Company will incur costs of administration and
preparation that were done in good faith. Accordingly, should Customer terminate this Agreement as described above, Customer agrees
to pay all charges incurred for products and equipment and services. No electronic equipment that has been removed from its original
packaging will be returnable. No mechanical equipment will be returnable. The return of ANY material will be at the Companies sole
discretion and will include a restocking fee of twenty‐five (25%) of sale price. Company may terminate this Agreement at its sole
discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable.
8. REJECTION OF PRODUCTS ‐ Customer shall inspect all Products promptly upon receipt thereof and may reject any standard
merchandise product that fails in any material way to meet the specifications set forth in Companies current vendor brochure and
specifications for that Product. Any Product not properly rejected within two (2) days of shipment ("Rejection Period") shall be deemed
accepted. If any unit of a Product is shipped by Customer to a job site prior to the expiration of the Rejection Period, then that unit shall
be deemed accepted upon shipment by Customer. To reject Product, Customer must, within the Rejection Period, obtain an RMA number
from Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit
will be issued forsame.
COMPLETE AND SIGN FOR APPROVAL
9. RETURN OF PRODUCTS AFTER REJECTION PERIOD ‐ Unless Product is returned in accordance with the provisions herein, after the
Rejection Period, Customer may not return Product to Company for any reason without Companies prior written consent. For any Product
for which Company gives such consent, Company shall charge Customer a restocking fee equal to twenty‐five percent (25%) of Customers
Purchase Price for that Product and shall credit the balance of the Purchase Price to Customers account. Customer shall be responsible for
all shipping charges. To return Product, Customer must, within the Warranty Period, obtain an RMA number from Companies customer
service by written request. Parts that are special ordered as per the Company, are not returnable and no credit will be issued for same.
10. LIMITATION OF LIABILITY ‐ It is understood and agreed by the Customer that amounts payable by Company hereunder are based
upon the value of the services and the scope of liability (sale price) set forth in this Agreement and are unrelated to the value of the
Customer’s property and the property of others located on the premises. If water is unavailable for completion of hydrostatic testing at
the industry typical time that such testing would normally occur, and Customer decides to proceed with finish work (sheetrock, paint,
finish trim, etc.), while waiting for water to be made available, Customer accepts all responsibility for any damage that may arise when
hydrostatic testing is commenced. Customer releases and waives all right of recovery against Company arising by way of subrogation, for
injuries or damage in the event of any loss or injury. Company makes no guaranty or Warranty, including any implied warranty of
merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the
consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the
actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this
Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or
indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should
Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s
liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time
and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites,
liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and
exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY
SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS
BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF
THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement
shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents,
officers and directors.
11. INDEMNIFICATION – Each Party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party (as the
“Indemnifying Party”), their affiliates, officers, directors, employees, agents, and other representatives from and against any and all
claims, demands, losses, liabilities, damages, expenses (including reasonable attorney’s fees) and causes of action (hereinafter “Claims”)
for Claims caused by or resulting from the fault, negligent, or reckless acts or omissions of the Indemnifying Party, its officers, employees,
agents, contractors, licensees or invitees. Any Claims that are the results of negligence or willful misconduct of both Parties, their officers,
directors, employees, agents, contractors, licensees or invitees, shall be apportioned on a comparative fault basis, and each Part shall
indemnify the other Party for any liabilities and damages assessed against them in excess of their percentage of liability. This provision
shall survive the termination of this Agreement.
12. AUDIT ‐ Notwithstanding any provision to the contrary, Company agrees, upon reasonable request, to substantiate that Companies
billing is in conformity with the terms of the agreement and to furnish documents verifying each charge billed to the Customer on a time
and material basis or to the extent required by law. Company is not required to provide any audit privileges to Customer for fixed price or
lump sumagreements.
13. CODE COMPLIANCE ‐ Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically
stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction may establish additional requirements for
compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer.
14. SEVERABILITY ‐ All provisions herein are severable and unenforceability of any one provision shall not affect the validity of any other
provisionhereof.
15. GOVERNMENT PROCUREMENTS – Company offers standard commercial and industrial equipment. This standard commercial and
industrial equipment may not comply with any U.S. Government specifications. Company shall have no responsibility for ensuring such
compliance. Company supplies standard commercial and industrial pricing information. Company does not comply with the Cost
Accounting Standards (CAS) or the Federal Acquisition Regulations (FAR).
16. INTELLECTUAL PROPERTY RIGHTS ‐ “Intellectual Property Rights” means rights in patents, utility models, trade or service marks, trade
names, copyrights (including rights in computer, firmware, software and databases) and moral rights, design rights, inventions,
discoveries, confidential information, rights in know‐how, and rights to all or any other industrial or intellectual property, in any format
now known or hereafter devised, whether or not registered or capable of registration including, where the context allows, applications
for the grant of any of the foregoing and the right to apply for any of the foregoing, and all rights or forms of protection having an
equivalent or similar effect to any of the foregoing which may now exist or are hereafter created in any part of the world (“IPR”). All IPR in
products, designs, documentation, data, processes, methods, and other Intellectual Property that is owned, claimed, designed,
developed, generated, or produced by Company in connection with this Agreement will be and remain the sole and exclusive property of
Company and will not be deemed to be "works made for hire" or "commissioned works." Without limiting the foregoing, Company
reserves the right to use such items for others, and to license the use of such items to others.
17. SOFTWARE LICENSE ‐ “Software” shall mean any proprietary software Company provides for the ordinary operation of the Company
products, any optional software to enhance the operation of the Company products and any upgrades or revisions of the same provided
by Company in fulfillment of this order or at Customers request in relation to Company products. Customer is granted a limited license for
any Software and related user documentation delivered by, Company whether as part of any product or provided separately. This limited
license allows Customer to: a) use the Software and user documentation only on the products on which it is installed at the time of
delivery or, if the Software is supplied separately, in connection with the particular Company products intended for use with such
software as supplied by, Company and b) in accordance with the terms of any end user license agreements or other license terms and
conditions that may be included with the Software. Customer may not distribute copies of Software or documentation to others.
Customer may not decompile, reverse‐engineer, disassemble, or otherwise reduce the Software to human‐perceivable form or create
derivative works.
18. MODIFICATIONS AND SUBSTITUTIONS ‐ Company reserves the right to modify materials, including substituting materials of later
design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s).
19. CHANGES, ALTERATIONS, ADDITIONS ‐ Changes, alterations and additions to the Scope of Work, plans, specifications or construction
schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the
cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no
agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays,
then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra
work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by
Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of
Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and
prices, delivery and completion dates shall be changed by Company as may be required.
20. COMPLIANCE WITH LAWS ‐ Customer represents, warrants, certifies and covenants (collectively “Covenants”) that it will comply with
all laws applicable to the materials, services and/or the activities contemplated or provided under these Terms, including, but not limited
to, any national, international, federal, state, provincial or local law, treaty, convention, protocol, common law, regulation, directive or
ordinance and all lawful orders, including judicial orders, rules and regulations issued thereunder.
21. GOVERNING LAW ‐ This contract shall be governed by and construed in accordance with the laws of the State of Alaska.
22. BACKCHARGES ‐ No charges shall be levied against the Company unless five (5) days prior written notice is given to Company to
correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly
caused byCompany.
23. ONE YEAR LIMITATION ON ACTIONS ‐ It is agreed that no suit, or cause of action or other proceeding shall be brought against Company
more than one (1) year after the accrual of the cause of action, whether known or unknown when the claim arises or whether based on
tort, contract, or any other legaltheory.
24. LEGAL FEES ‐ Company shall be entitled to recover from the customer all legal fees incurred in connection with Company enforcing the
terms and conditions of this Agreement.
Resolution 2024-029
46
Resolution 2024-029
47
Terms & Conditions/Yukon Fire Protection Services Inc.
COMPANY agrees to sell the goods covered herein (the “Goods”) to Customer pursuant to the following terms of sale which supersede
any alternative terms in any other document unless COMPANY has expressly agreed in writing to override these terms. ANY ATTEMPTED
ACKNOWLEDGEMENT OF AN ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT
BINDING. ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN CUSTOMER’S PURCHASE ORDER OR IN ANY OTHER CORRESPONDENCE
SHALL BE DEEMED OBJECTED TO BY COMPANY AND SHALL BE OF NO FORCE OR EFFECT. Notwithstanding anything contained in the
attached customer order to the contrary the terms and conditions of sale (“Agreement”) shall govern the rights and obligations of the
parties and in the event of a conflict between the provisions of this agreement and the order, the provisions of this Agreement shall
prevail. This Agreement may not be modified, amended or waived in any way except in writing signed by an authorized representative of
Company.
6. ACCEPTANCE ‐ Acceptance of an Order is based on the express condition that Customer agrees to these Terms. Acceptance of any
portion of the shipment or material by Customer will constitute Customer’s assent to these Agreement Terms in its entirety.
7. PRICES AND PAYMENT ‐ All prices on Companies price list are subject to change by Company without notice. Company reserves the
right to increase its prices and Customer shall pay any such increases, to compensate for variations in labor, materials, currency exchange,
import surcharge, excise duty, air and ocean freight charges or other costs between the date of the purchase order, quotation or tender
and the date of shipment. Company shall ship Products FOB Companies Plant and shall invoice upon shipment in U.S. dollars. Full
payment for the Products and spare parts (including any freight, taxes, insurance, special packing, or other applicable costs initially paid
by Company for the account of Customer) shall be made by Customer to Company ten (10) days from the date of the invoice. Payment
shall be in U.S. dollars. At such time as Company may grant a line of credit to Customer, payment terms shall be net ten (10) days after
date of invoice. Any invoiced amount not paid when due shall be subject to a service charge of one and ten percent (10%) per month.
Customer shall pay all of Companies costs and expenses (including reasonable attorneys' fees) to enforce and preserve Companies rights
under this Section. If, at any time or for any reason, Company shall have cause to question Customer’s ability to perform, Company may
demand such assurances of Customer’s performance as Company shall deem necessary in its discretion, including payment in advance for
all shipments. If Customer fails within 10 days of Companies demand to provide Company with such assurance, Company shall be entitled
to cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges and may proceed to
collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damage resulting from Customer’s
default. In the event of bankruptcy or insolvency of Customer, or in the event of any proceeding brought against the Customer, voluntarily or
involuntarily, under bankruptcy or any insolvency laws, Company shall be entitled to cancel any order then outstanding at any time.
8. TAXES ‐ The price for the goods purchased does not include sales, use, excise or similar taxes, whether federal, state or local. Unless
otherwise specifically provided, the amount of any such taxes applicable to the goods shall be paid by Customer in the same manner and
with the same effect as if originally included in the purchase price. When Company has the legal obligation to collect such taxes, the
appropriate amount shall be added to Customer’s invoice and paid by Customer unless and until Customer provides Company with a valid
tax exemption certificate authorized by the appropriate taxing authority.
9. LIMITED WARRANTY ‐ Subject to the limitations below, Company warrants any equipment installed pursuant to this Agreement to be
free from defects in material and workmanship under normal use for a period of one (1) year from the date of first use or Equipment is
shipped for any part of the Covered System(s), provided however, that Companies soles liability, and Customer’s sole remedy, under this
limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is
defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company
does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses, links and circuit breakers. Company
warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment
described in this Agreement, however, Customer agrees and acknowledges that the software may have inherent defects because of its
complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published
modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included
in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from
defects for a period of thirty (30) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED
HEREUNDER. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at
other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or
adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs,
adjustments or interconnections performed by Customer or any third party shall void all warranties.
10. FORCE MAJEURE ‐ Neither party will be in breach of this contract or be liable to the other party if it fails to perform or
delays the performance of an obligation as a result of an event beyond its reasonable control, including, strikes, industrial disputes, fire,
flood, act of GOD, extreme weather or act of government. Company shall have such additional time for performance as may be
reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by such delay. Acceptance by
Customer of any Goods shall constitute a waiver by Customer of any claim for damages on account of any delay in delivery of such Goods.
6. DELIVERY ‐ Shipping, service, and installation dates are estimates only, and the Company in no way guarantees that ordered goods
and/or services will be delivered in accordance with estimated schedules. Without limiting the generality of the foregoing, Company’s
acceptance is conditioned on being allowed additional time for delivery of the Product due to delays beyond its reasonable control
without any liability thereof as a result of any delay. If delivery is thus delayed for more than 60 days, either Customer or Company may
by written notice, cancel an order without liability thereof with respect to any goods and/or services remaining undelivered, provided
that the remaining provisions of this contract shall remain unaffected. Acceptance of shipment by designated shipper, goods m ade
available for shipment from Company’s vendor, allocation of Goods to Customer at premises other than Companies, delivery to
Customer’s representative or designee, or mailing of an invoice to Customer, shall constitute tender of Delivery. Title and risk of loss to
Products shall pass to Customer when available for shipment from Companies vendor. In no event shall Customer be entitled to make any
deduction from any payment due hereunder by reason of loss or damage in transit. In the absence of directions, Goods may be shipped
by the method and via carrier Company believes dependable. If delivery is delayed or interrupted by Customer for any cause, Company
may store the Goods at Customer’s expense and risk, and Company may charge Customer for additional costs incurred. If Company’s
delayed with production due to delays in receiving Customer’s approval or acceptance of designs, drawings, prints, engineering or
technical data, or is awaiting Customer’s approval or acceptance of Goods, Company shall be entitled to an adjustment in price
commensurate with any increase in Companies cost of production and any other losses and expenses incurred by Company attributable
to such delays. Company shall have the right to charge Customer for the completed portion of the order and to warehouse all completed
Goods for Customer’s account and risk of loss. Customer shall comply with all applicable laws on signage and notification to creditors for
Product owned by Company under this Section and shall indemnify Company against any and all loss, damage, cost or expense for failure
to satisfy such requirements. Company also reserves the right at is options, as to any uncompleted portion of the order to cancel said
uncompleted portion, or to revise its prices and delivery schedules on the portion not completed to reflect its increased costs and
expenses attributable to thedelay.
25. CANCELLATIONS – Any termination under the terms of this Agreement shall be made in writing. In the event Customer
terminates this Agreement prior to completion for any reason, Customer understands and agrees that Company will incur costs of
administration and preparation that were done in good faith. Accordingly, should Customer terminate this Agreement as described
above, Customer agrees to pay all charges incurred for products and equipment and services. No electronic equipment that has been
removed from its original packaging will be returnable. No mechanical equipment will be returnable. The return of ANY material will be
at the Companies sole
discretion and will include a restocking fee of twenty‐five (25%) of sale price. Company may terminate this Agreement at its sole
discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable.
26. REJECTION OF PRODUCTS ‐ Customer shall inspect all Products promptly upon receipt thereof and may reject any standard
merchandise product that fails in any material way to meet the specifications set forth in Companies current vendor brochure and
specifications for that Product. Any Product not properly rejected within two (2) days of shipment ("Rejection Period") shall be deemed
accepted. If any unit of a Product is shipped by Customer to a job site prior to the expiration of the Rejection Period, then that unit shall
be deemed accepted upon shipment by Customer. To reject Product, Customer must, within the Rejection Period, obtain an RMA number
from Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit
will be issued forsame.
COMPLETE AND SIGN FOR APPROVAL
27. RETURN OF PRODUCTS AFTER REJECTION PERIOD ‐ Unless Product is returned in accordance with the provisions herein,
after the Rejection Period, Customer may not return Product to Company for any reason without Companies prior written consent. For
any Product for which Company gives such consent, Company shall charge Customer a restocking fee equal to twenty‐five percent (25%)
of Customers Purchase Price for that Product and shall credit the balance of the Purchase Price to Customers account. Customer shall be
responsible for all shipping charges. To return Product, Customer must, within the Warranty Period, obtain an RMA number from
Companies customer service by written request. Parts that are special ordered as per the Company, are not returnable and no credit will be
issued for same.
28. LIMITATION OF LIABILITY ‐ It is understood and agreed by the Customer that amounts payable by Company hereunder are based
upon the value of the services and the scope of liability (sale price) set forth in this Agreement and are unrelated to the value of the
Customer’s property and the property of others located on the premises. If water is unavailable for completion of hydrostatic testing at
the industry typical time that such testing would normally occur, and Customer decides to proceed with finish work (sheetrock, paint,
finish trim, etc.), while waiting for water to be made available, Customer accepts all responsibility for any damage that may arise when
hydrostatic testing is commenced. Customer releases and waives all right of recovery against Company arising by way of subrogation, for
injuries or damage in the event of any loss or injury. Company makes no guaranty or Warranty, including any implied warranty of
merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the
consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the
actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this
Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or
indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should
Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s
liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time
and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites,
liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and
exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY
SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS
BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF
THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement
shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents,
officers and directors.
29. INDEMNIFICATION – Each Party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party (as the
“Indemnifying Party”), their affiliates, officers, directors, employees, agents, and other representatives from and against any and all
claims, demands, losses, liabilities, damages, expenses (including reasonable attorney’s fees) and causes of action (hereinafter “Claims”)
for Claims caused by or resulting from the fault, negligent, or reckless acts or omissions of the Indemnifying Party, its officers, employees,
agents, contractors, licensees or invitees. Any Claims that are the results of negligence or willful misconduct of both Parties, their officers,
directors, employees, agents, contractors, licensees or invitees, shall be apportioned on a comparative fault basis, and each Part shall
indemnify the other Party for any liabilities and damages assessed against them in excess of their percentage of liability. This provision
shall survive the termination of this Agreement.
30. AUDIT ‐ Notwithstanding any provision to the contrary, Company agrees, upon reasonable request, to substantiate that Companies
billing is in conformity with the terms of the agreement and to furnish documents verifying each charge billed to the Customer on a time
and material basis or to the extent required by law. Company is not required to provide any audit privileges to Customer for fixed price or
lump sumagreements.
31. CODE COMPLIANCE ‐ Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically
stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction may establish additional requirements for
compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer.
32. SEVERABILITY ‐ All provisions herein are severable and unenforceability of any one provision shall not affect the validity of any other
provisionhereof.
33. GOVERNMENT PROCUREMENTS – Company offers standard commercial and industrial equipment. This standard commercial and
industrial equipment may not comply with any U.S. Government specifications. Company shall have no responsibility for ensuring such
compliance. Company supplies standard commercial and industrial pricing information. Company does not comply with the Cost
Accounting Standards (CAS) or the Federal Acquisition Regulations (FAR).
34. INTELLECTUAL PROPERTY RIGHTS ‐ “Intellectual Property Rights” means rights in patents, utility models, trade or service marks, trade
names, copyrights (including rights in computer, firmware, software and databases) and moral rights, design rights, inventions,
discoveries, confidential information, rights in know‐how, and rights to all or any other industrial or intellectual property, in any format
now known or hereafter devised, whether or not registered or capable of registration including, where the context allows, applications
for the grant of any of the foregoing and the right to apply for any of the foregoing, and all rights or forms of protection having an
equivalent or similar effect to any of the foregoing which may now exist or are hereafter created in any part of the world (“IPR”). All IPR in
products, designs, documentation, data, processes, methods, and other Intellectual Property that is owned, claimed, designed,
developed, generated, or produced by Company in connection with this Agreement will be and remain the sole and exclusive property of
Company and will not be deemed to be "works made for hire" or "commissioned works." Without limiting the foregoing, Company
reserves the right to use such items for others, and to license the use of such items to others.
35. SOFTWARE LICENSE ‐ “Software” shall mean any proprietary software Company provides for the ordinary operation of the Company
products, any optional software to enhance the operation of the Company products and any upgrades or revisions of the same provided
by Company in fulfillment of this order or at Customers request in relation to Company products. Customer is granted a limited license for
any Software and related user documentation delivered by, Company whether as part of any product or provided separately. This limited
license allows Customer to: a) use the Software and user documentation only on the products on which it is installed at the time of
delivery or, if the Software is supplied separately, in connection with the particular Company products intended for use with such
software as supplied by, Company and b) in accordance with the terms of any end user license agreements or other license terms and
conditions that may be included with the Software. Customer may not distribute copies of Software or documentation to others.
Customer may not decompile, reverse‐engineer, disassemble, or otherwise reduce the Software to human‐perceivable form or create
derivative works.
36. MODIFICATIONS AND SUBSTITUTIONS ‐ Company reserves the right to modify materials, including substituting materials of later
design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s).
37. CHANGES, ALTERATIONS, ADDITIONS ‐ Changes, alterations and additions to the Scope of Work, plans, specifications or construction
schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the
cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no
agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays,
then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra
work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by
Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of
Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and
prices, delivery and completion dates shall be changed by Company as may be required.
38. COMPLIANCE WITH LAWS ‐ Customer represents, warrants, certifies and covenants (collectively “Covenants”) that it will comply with
all laws applicable to the materials, services and/or the activities contemplated or provided under these Terms, including, but not limited
to, any national, international, federal, state, provincial or local law, treaty, convention, protocol, common law, regulation, directive or
ordinance and all lawful orders, including judicial orders, rules and regulations issued thereunder.
39. GOVERNING LAW ‐ This contract shall be governed by and construed in accordance with the laws of the State of Alaska.
40. BACKCHARGES ‐ No charges shall be levied against the Company unless five (5) days prior written notice is given to Company to
correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly
caused byCompany.
41. ONE YEAR LIMITATION ON ACTIONS ‐ It is agreed that no suit, or cause of action or other proceeding shall be brought against Company
more than one (1) year after the accrual of the cause of action, whether known or unknown when the claim arises or whether based on
tort, contract, or any other legaltheory.
42. LEGAL FEES ‐ Company shall be entitled to recover from the customer all legal fees incurred in connection with Company enforcing the
terms and conditions of this Agreement.
SIGNATURE OF CUSTOMER REPRESENTATIVE CUSTOMER REPRESENTATIVE NAME (PRINTED)
DATE TITLE OF SIGNER
Resolution 2024-029
48
Resolution 2024-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANT FUNDS TO ATTEND THE ALASKA
ANIMAL CONTROL ASSOCIATION 2024 TRAINING
CONFERENCE WITH THE NATIONAL ANIMAL CONTROL
ASSOCIATION (NACA) IN ANCHORAGE, ALASKA IN THE
AMOUNT OF $500.00 AND APPROPRIATING FUNDS
Documents:
•Agenda Statement
•Resolution 2024-030
•Attachments:
o The American Society for the Prevention of Cruelty to Animals Grant
Application
o Alaska Animal Control Association 2024 Training Conference Flyer
o Alaska Animal Control Association 2024 Training Conference Agenda
Resolution 2024-030
49
City Council Agenda Statement
Meeting Date: May 27, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Alan Nickell, Chief of Police
Agenda Item: Resolution 2024-030: Accept Grant Funds to Attend the Alaska Animal
Control Association 2024 Training Conference with the National Animal
Control Association (NACA) in Anchorage, Alaska, in the Amount of
$500.00 and Appropriating Funds
Background and justification:
The City of Seward, Alaska has been awarded an American Society for the Prevention of Cruelty to
Animals (ASPCA) Grant in the Amount of $500. The funds will be used to offset the costs for the
Animal Control Officer, Katja Mocnik, to attend the Alaska Animal Control Association 2024 Training
Conference on May 30 through May 31, 2024, in cooperation with National Animal Control
Association in Anchorage, Alaska. The Seward Police Department has requested the City provide
the initial funds for the conference travel, registration, and per diem.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive
Plan:
2.2.5 Support the efforts of all educational organizations and government
3.1.1.6 Support existing public institutions in their effort to maintain, expand,
and develop.
Strategic Plan: Page 19: Provide adequate funding for a financially sound government- The City
of Seward is a fiscally responsible entity which utilizes creative and responsible
funding alternatives.
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 500
This legislation ():
x Creates revenue in the amount of: $ 500
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted 01000-1212-4253
Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Resolution 2024-030
50
Motor Pool Other
Unassigned Fund Balance*: $ *unaudited numbers
Available Unrestricted Cash Balance*: $
Finance Director Signature:
Attorney Review Administration Recommendation
Yes x Adopt Resolution
x Not applicable Other:
Resolution 2024-030
51
Sponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2024-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT
FUNDS TO ATTEND THE ALASKA ANIMAL CONTROL ASSOCIATION
2024 TRAINING CONFERENCE WITH THE NATIONAL ANIMAL
CONTROL ASSOCIATION (NACA) IN ANCHORAGE, ALASKA, IN THE
AMOUNT OF $500.00 AND APPROPRIATING FUNDS
WHEREAS, the American Society for the Prevention of Cruelty to Animals (ASPCA) is
sponsoring a grant for attendance to the Alaska Animal Control Association 2024 Training
Conference in cooperation with the National Animal Control Association (NACA) in Anchorage,
Alaska; and
WHEREAS, this Alaska Animal Control Association 2024 Training Conference will take
place in Anchorage May 30 through May 31, 2024 and will provide an excellent opportunity for
staff development; and
WHEREAS, the City of Seward has been awarded a $500.00 grant from the ASPCA to
have Animal Control Officer (ACO) Katja Mocnik attend the Alaska Animal Control Association
2024 Training Conference; and
WHEREAS, ACO Mocnik plans to attend the conference, and her salary has been
approved for the duration of her travel time; and
WHEREAS, due to the financial burden of travel costs to ACO Mocnik, the Seward Police
Department has requested the City provide the initial funds for the conference travel, registration,
and per diem.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby authorizes the City Manager to receive the $500 grant
funds from the American Society for the Prevention of Cruelty to Animals (ASPCA) to travel
account number 01000-1212-7302 to be used for the above listed training cost coverage.
Section 2. The City Council hereby authorizes the City Manager to receive the $500 grant
funds from the American Society for the Prevention of Cruelty to Animals (ASPCA), which will
be appropriated on account number 01000-1212-4253.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution 2024-030
52
CITY OF SEWARD, ALASKA
RESOLUTION 2024-030
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of
May, 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kris Peck
City Clerk
(City Seal)
Resolution 2024-030
53
Organization Name
Seward Animal Shelter
🟡 Website https://www.facebook.com/SewardShelter/
Street Address 601 Sea Lion Ave
City Seward
NTSI State Alaska
🟡 Primary Contact
Name
Shelli McDowell
Primary Contact Title Animal Control Officer
🟡 Primary Contact
Email
smcdowell@cityofseward.net
🟡 Primary Contact
Phone
(907) 422-7150
Alternate Contact Name Katja Mocnik
Alternate Contact Title Assistant Animal Control Officer
Alternate Contact Email kmocnik@cityofseward.net
Alternate Contact
Phone
(907) 422-7150
🟡 Grant Amount
Requested
$500
Resolution 2024-030
54
🟡 Is your IRS exemp-
tion current?
🟡 Does your board in-
clude at least 4 Board
members and are the
majority independent?
🟡 Are your board chair
and treasurer uncom-
pensated by the
organization?
🟡 Are you in good
standing with the
Secretary of State in the
state where you are
incorporated?
🟡 Is your organization
a nonprofit, govern-
mental entity or other?
Governmental Entity
🟡 Organization
type/tax status (if not
nonprofit or govt.)
🟡Most recently filed
990 (or equivalent) browseDrop files here or
🟡 Most recently filed
W-9
City of Seward W-9.pdf
Resolution 2024-030
55
Show 4 hidden fields
🟡 Approved budget
(income and expenses)
for current fiscal year
browseDrop files here or
🟡 Current list of Board
of Directors browseDrop files here or
What Conference are
you planning to attend
with support from the
funds?
Alaska State Conference
How many conference
attendees will this fund-
ing support?
1
Please list the name, ti-
tle and email address
for each conference at-
tendee this funding will
support
Katja Mocnik, Assistant Animal Control Officer, kmocnik@cityofseward.net
Have any of the atten-
dees listed above at-
tended this conference
previously?
No
In 1-5 sentences, please
describe why attending
this conference will be
valuable to your agency
We are a small shelter with a newly built shelter and only two employees. This
training will be valuable to our agency for the first opportunity for in person
training for Katja. As well as the valuable training offered, the conference will
be an opportunity to meet, network and exchange information and ideas with
other ACO's in Alaska. Thank you for the opportunity to apply for this grant to
assist in attending this conference.
Acknowledgement:
Resolution 2024-030
56
Please Contact:
ALASKA ANIMAL CONTROL
ASSOCIATION
2024 TRAINING CONFERENCE
IN CO-OPERATION WITH NACA
HOSTED BY LODGING
Anchorage Animal Care and Control Hyatt Place Anchorage-Midtown
4711 Elmore Rd, Anchorage, AK 99507 101 E Tudor Rd, Anchorage, AK 99503
Thursday, May 30th – 8:30 am-5:30 pm (907) 561-6254
Friday, May 31st – 8:30 am – 3:30 pm $299.00 Room Rate * *
Book online using corporate code “G-
AAC1” to secure your discounted rate
by 05/01/2024 **
REGISTRATION: $150.00/person
Registration/Attendance includes Annual AACA Membership & 5 Continuing Education
Credits through the National Animal Care & Control Association
Jessica “JJ” Hendrickson Matt Hardwig
City of Kenai Animal Shelter Mat-Su Borough Animal Care and Regulation
AACA President AACA Treasurer
jhendrickson@kenai.city mhardwig@matsugov.us
(907)283-7353 (907)761-7508
Resolution 2024-030
57
ALASKA ANIMAL CONTROL
ASSOCIATION
2024 REGISTRATION FORM
ATTENDEE INFORMATION (Please Print Legibly):
Name | Agency ____________________________________________________________________
Address ____________________________________________________________________
City, Street, Zip ____________________________________________________________________
Phone 1 ___________________________________________________________________
Email __________________________________________________________________
Payment Via: Check Credit Card
***If your agency requires an invoice for payment, please contact:
M. Hardwig (mhardwig@matsugov.us) or J. Hendrickson (jhendrickson@kenai.city)
**Please make checks payable to: Alaska Animal Control Association **
Please Note:
Non-Membership attendees (Law Enforcement, Veterinarians, Etc.) will be
excused from the 2024 AACA general meeting.
PLEASE FAX OR EMAIL THIS FORM TO JESSICA OR MATT
Resolution 2024-030
58
ALASKA ANIMAL CONTROL
ASSOCIATION
2024 TRAINING CONFERENCE
CONFERENCE WORKSHOPS
Thursday
May 30th: 8:30 am - 5:30 pm
8:30 am – 8:45 am
Welcome and Introductions
Jessica (JJ) Hendrickson, President AACA
Mike Wheeler, NACA Alaska Rep.
Melissa Summerfield, Anchorage Animal care and Control Association
8:45 am – 10:15 am
Animal Cruelty and other violence
Adam Parascandola
The Humane Society of the United States
10:15 am – 10:20 am Break
10:20 am – 11:50 am
Animals as Evidence of a Crime
Dr. Michelle Gonzalez, DVM
Rascal Unit
11:50 am – 1:00 pm Lunch
1:00 pm - 2:30 pm
Livestock Handling Basics & Dealing with Chickens
Krista Kurvers
Code 3 Associates
2:30pm – 2:35 pm Break
Resolution 2024-030
59
2:35 pm – 4:05 pm
Considerations for Animal Euthanasia
Dr. Sarah Coburn
Alaska State Veterinarian
4:05 pm – 4:10 pm Break
4:10 pm – 4:55 pm
Basic Evidence Collection
Matthew Hardwig
Mat-Su Borough Animal Care and Regulation
4:55 pm – 5:00 pm Break
5:00 pm – 5:30 pm
Alaska Animal Control Association Meeting
Jessica “JJ” Hendrickson (President), Mike Clupper (Vice President), Matthew
Hardwig (Secretary/Treasurer)
Friday
May 31st: 8:30 am – 3:30 pm
08:30 am – 9: 00 am
Welcome/Questions
Jessica (JJ) Hendrickson, President AACA
Mike Cupper, Vice President AACA
Matthew Hardwig, Secretary/Treasurer AACA
9:00 am – 11: 00 am
SMART Sheltering: Saving Most Animals through Responsible Treatment
Dr. Michelle Gonzalez, DMV + AACA
Rascal Unit
11:00 am – 11:05 am Break
11:05 am – 12:35 pm
NACA Recertification: How to Guide?
Uncovering Bias in Animal Control: Promoting Fairness and Equity
Mike Wheeler
NACA Alaska Rep.
12:35 pm – 1:35 pm Lunch
1:35 pm – 2:50 pm
Working with Alaska State Troopers
Trooper Andy DeVeaux
Alaska State Troopers
3:05 pm – 3:30 pm
Closing Remarks
Complete Survey
Receive Certificate
Resolution 2024-030
60
Discuss June 24, 2024 Meeting
Date: Tuesday, May 28, 2024
From: Kris Peck, City Clerk
RE: Discuss cancelling the June 24, 2024 City Council Meeting
BACKGROUND
According to Seward City Code (2.10.030 A.2), regular city council meetings shall be held on the
second and fourth Mondays of each month at 7:00 p.m.; provided that any regular meeting may be
canceled by the affirmative vote of at least four councilmembers.
CONSIDERATIONS
The City Manager and City Clerk will both be attending training courses in June which would
leave their respective offices short staffed for preparing the council packet and other materials.
The City Manager will not be able to attend the meeting. The City Clerk would be able to clerk
the meeting, but would miss all staff meetings and prep work leading up to it.
City department heads have confirmed there is no time-sensitive business that requires
consideration at the June 24, 2024 meeting. Departments heads will also be in the peak of their
Fourth of July preparations.
RECOMMENDATION
Cancel the June 24, 2024 City Council meeting.
The next regular City Council meeting would be on Monday, July 8, 2024.
If council wishes to cancel the meeting, a motion/second and affirmative vote of four would be
necessary.
61
PACAB Alternative Energy Committee
Date: Tuesday, May 28, 2024
To: City Council
From: Kris Peck, City Clerk
RE: Discuss PACAB’s request to form an Alternative Energy Committee
BACKGROUND:
On May 15, 2024 PACAB discussed the possibility of forming an Alternative Energy Committee
consisting of 3 current PACAB members: Bruce Jaffa, Becky Dunn, and John Howard. The
committee would also accept up to 4 additional committee members from Seward & surrounding
areas.
The proposed meeting schedule is once a month during the PACAB summer hiatus, most likely
on the 3rd Wednesday of June, July, and August. This meeting schedule will be re-evaluated in the
fall when PACAB resumes. This committee will continue until December 31, 2024
Even though the committee would have only 3 PACAB members, the Open Meetings Act still
requires all official governmental committees to follow OMA requirements:
ALASKA'S OPEN MEETINGS ACT
II. WHO IS COVERED BY THE ACT?
The Open Meetings Act requires that many governmental meetings be properly noticed and open
to the public. To whom do these requirements apply?
B. Governmental Bodies
For OMA purposes a "governmental body" means an assembly, council, board, commission,
committee, and any other similar body of any public entity. Both home rule and general law
municipalities are covered equally. By its terms, the act also applies to members of a subcommittee
or other subordinate unit of a governmental body if the subordinate unit consists of two or more
members.
RECOMMENDATION:
Discuss the proposed PACAB Alternative Energy Committee and determine if City Council
approves of this committee being formed.
62
May 7, 2024
City of Seward
410 Adams St
Seward, AK 99664
Dear Mayor McClure, City Council, and City Staff,
This letter serves as our quarterly report for the period January 1 to March 31, 2024. Seward Business
Advisor KellyAnn Cavaretta completed her busiest quarter with the Alaska SBDC, providing business
advising for Seward and covering the Soldotna area while the Kenai Peninsula Center Director was out on
paternity leave. Supporting business owners and entrepreneurs in a new area can be daunting. However,
KellyAnn did a great job, and her perfect client satisfaction survey streak is still intact after over two years
and over a thousand advising sessions. She also established a new record for capital infusion for Seward,
logging an impressive $7.8 million, topping all other SBDC advisors combined in the quarter. Here is a
summary of deliverables to the Seward community during the quarter (year):
Client Hours: 112.7 (112.7)
Total Clients: 44 (44)
New Businesses Started or Bought: 3 (3)
Jobs Supported: 214 (214)
Capital Infusion: $7,884,040 ($7,884,040)
Client Surveys: 100% positive (100% positive)
This next section provides lists of the top advising topics and top industries obtaining technical assistance
from the Alaska SBDC in Seward. Assistance to entrepreneurs looking to start a new business remained in
the top spot of topics, while financing/capital moved up from fourth to second. In regards to industries
working with the SBDC, food services retained the top spot for a second straight quarter by a wide margin,
while real estate and construction joined the top five industries.
Topics
1. Start-up Assistance: 47.5 hrs (42%)
2. Financing/Capital: 24.9 hrs (22%)
3. Buy/Sell Business: 15.3 hrs (14%)
4. General Management: 14.3 hrs (13%)
5. Legal Issues: 3.0 hrs (3%)
Industries
1. Food Services: 35.2 hrs (31%)
2. Accommodation: 18.7 hrs (17%)
3. Retailers: 9.9 hrs (9%)
4. Construction: 7.5 hrs (7%)
5. Real Estate: 7.1 hrs (6%)
We thank the City of Seward for supporting the Seward Business Advisor position. KellyAnn has excelled
in her role as the Seward advisor and we are pleased to start the process to extend her contract this summer.
Please do not hesitate to contact us if you have any questions.
Sincerely,
Jon Bittner
Executive Director
Alaska SBDC
DocuSign Envelope ID: F7293C5E-092A-48D0-B7E6-4C3F6063AD6B
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1 5/22/2024 3:29 PMCouncil Calendar
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Meeting
9 10 11 12 13 14 15
5:30pm CC Work
Session
(Seward
Electric Utility
7:00pm CC Mtg
(Council
Chambers)
16 17 18 19 20 21 22
6:00pm P&Z
Work Session
(Council
Chambers)
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
Museum (239
23 24 25 26 27 28 29
7:00pm CC Mtg
(Chambers)
30 Jul 1 2 3 4 5 6
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August 2024July 2024
Jun 30 Jul 1 2 3 4 5 6
7:00pm P&Z
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4th of July
7 8 9 10 11 12 13
7:00pm CC Mtg
(Council
Chambers)
14 15 16 17 18 19 20
6:00pm P&Z
Work Session
(Council
Chambers)
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
Museum (239
6th Ave,
21 22 23 24 25 26 27
7:00pm CC Mtg
(Chambers)
28 29 30 31 Aug 1 2 3
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September 2024August 2024
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6:00pm HPC WS
& Mtg
11 12 13 14 15 16 17
7:00pm CC Mtg
(Council
Chambers)
18 19 20 21 22 23 24
6:00pm P&Z
Work Session
(Seward
Community
Library &
Museum (239
6th Ave,
Seward, AK
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
Museum (239
6th Ave,
25 26 27 28 29 30 31
7:00pm CC Mtg
(Chambers)
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