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HomeMy WebLinkAbout01262026 City Council PacketSeward City Council Agenda Packet Photo by Kris Peck Monday, January 26, 2026 City Council Chambers Beginning at 7:00 p.m. 2. 3. 4. 5. 1963 1965 2005 kintual All-Amenca City 11 1111 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA City Council Chambers 410 Adams Street Mayor Sue McClure Vice Mayor John Osenga Council Member Robert Barnwell Council Member Julie Crites 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS AND AWARDS Council Member Casie Warner Council Member Lori Draper Council Member Mike Calhoon City Manager Kat Sorensen Deputy City Manager Jason Bickling City Clerk Kris Peck City Attorney Sam Severin Monday, January 26, 2026 at 7:00 p.m. 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) 6. APPROVAL OF AGENDA AND CONSENT AGENDA (*Approval of Consent Agenda passes all items listed. Consent Agenda items are not considered separately unless a council member requests an item be moved to New Business) A. Minutes of Preceding Meeting 1) *Approval of the January 12, 2026 City Council Meeting Minutes 6 B. Introduction of Ordinances — None C. Resolutions 1) *Resolution 2026-013: Authorizing the City Manager to Purchase 46 Picnic Tables and 26 Fire Rings for the Municipal Campgrounds in the Amount of $36,393.20 13 2) *Resolution 2026-014: Authorizing the City Manager to Enter into a Commission Agent Contractual Agreement Between the City of Seward and the State of Alaska Department of Administration, Division of Motor Vehicles, to Operate the City of Seward Division of Motor Vehicles Commission Agent Office 20 3) *Resolution 2026-015: Approving the Planning and Zoning Commission Priorities for January 2026 to January 2027 50 City Council Meeting Agenda January 26, 2026 1 1 P a g e D. Other items 1) *No grounds for protest to the AMCO liquor license renewal for Firebrand BBQ 56 7. IN -PERSON REPORTS AND PRESENTATIONS A. City Manager Report 61 B. City Clerk Report .74 C. City Attorney Report D. Other Reports and Announcements — None E. Presentations 1) Police Department Overview by Chief of Police Louis Tiner 2) Fire Department Strategic Plan by Katmai Solutions 8. PUBLIC HEARINGS (Public hearing comments are limited to five minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one minute) A. Ordinances for Enactment 1) Ordinance 2026-001: Amending the Seward City Code to Replace Masculine/Feminine Language with Gender -Neutral Terms and Authorizing the Codifier to Implement Non -Substantive Edits [Sponsored by City Clerk] 76 B. Resolutions Requiring Public Hearing 1) Resolution 2026-008: Authorizing the City Manager to Enter into a New 20-Year Land Lease with the Kenai Peninsula Borough for the Gun Range Property 102 9. UNFINISHED BUSINESS — None 10. NEW BUSINESS A. Introduction of Ordinances None B. Resolutions 1) Resolution 2026-009: Authorizing the City Manager to Enter into Agreement with AK Built Construction & Design, LLC for the Renovation of Boardwalk Between Ray's and Kenai Fjord Tours in the Amount of $147,260 128 2) Resolution 2026-010: Authorizing the City Manager to Accept the Proposal from R&M Consultants, Inc. for the Design, Engineering, and Construction for the New Harbormaster's Facility and South Harbor Uplands Development for a Total Project Cost of $13,949,252 and to Execute Task Order 38 in an Amount Not to Exceed $2,088,980 and Appropriating Funds 142 City Council Meeting Agenda January 26, 2026 2 1 P a g e 3) Resolution 2026-011: Providing for the Issuance of Harbor Improvement Revenue Bonds of the City in the Aggregate Principal Amount of not to Exceed $13,000,000 for the Purpose of Acquiring, Constructing and Installing Additions and Improvements to the City of Seward Small Boat Harbor, Including a Harbormasters Building and Improvements to the South Harbor Uplands, Funding the Reserve Account to the Reserve Requirement, and Paying the Costs of Issuance of the Bonds; Providing for the Date, Form, Terms, Maturities and Manner of Sale of the Bonds; Providing a Method of Payment Therefor; Fixing Certain Covenants and Protective Provisions Safeguarding the Payment of the Principal of and Interest on the Bonds; and Reserving the Right to Issue Additional Harbor Improvement Revenue Bonds on Parity with Such Bonds upon Compliance with Certain Conditions 148 4) Resolution 2026-012: Authorizing the City Manager to Enter into a Subscription and Implementation Agreement for AccuFund Anywhere, a Cloud -Based Financial Management System, Including an Implementation and Project Management Agreement with C Business Services, LLC in the Amount of $88,880 and Appropriating Funds 175 C. Other New Business 1) Discuss contract with the Chamber of Commerce [Sponsored by Warner] 195 2) Discuss the future of mobile vending on city property [Sponsored by City Clerk] .206 3) Discuss the October 2026 Regular Municipal Election [Sponsored by City Clerk] 207 11. INFORMATIONAL ITEMS AND REPORTS A. Boards and Commissions Reports and Recommendations to Council — None B. Upcoming City Council Meetings 1) City Council Joint Work Session with PACAB on Monday, February 9, 2026 at 5:30 p.m. 2) City Council Meeting on Monday, February 9, 2026 at 7:00 p.m. C. Other items 1) Alaska Small Business Development Center [SBDC] 2025 Q4 Report .208 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five minutes per speaker) City Council Meeting Agenda January 26, 2026 3 1 P a g e 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION Continued Deliberation of Board of Adjustment Appeal Hearing and Consideration of Finds of Fact and Conclusions of Law [Appeal of Planning & Zoning Approval of Resolution 2025-035 Granting a Conditional Use Permit to the Tufted Puffin LLC to Operate a Drive-Thru Window to Sell Retail Cannabis Products and Non - Cannabis Food and Beverage Items from their Business Located at 408 Port Avenue within an Auto Commercial (AC) Zoning District] 15. ADJOURNMENT City Council Meeting Agenda January 26, 2026 4 1 P a g e City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page CALL TO ORDER The Monday, January 12, 2026, regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Chief of Police Butch Tiner led the Pledge of Allegiance. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Robert Barnwell Julie Crites Casie Warner Lori Draper Mike Calhoon comprising a quorum of the Council; and Kat Sorensen, City Manager Jason Bickling, Deputy City Manager Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused — None Absent — None PROCLAMATIONS AND AWARDS — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bruce Jaffa, outside city limits, spoke as the chair of the Port and Commerce Advisory Board. He recalled the golden age of PACAB and then the gradual decline in the past five years. He noted select items on tonight's agenda could have been reviewed by PACAB. He wondered what else PACAB could offer the city, and noted the board allowed participation outside the city limits. He would not be renewing his application in July with the way things are currently going. Mark Nelson, outside city limits, spoke to his Riptide property and the vessel in the pond. He was hoping for an update on the current litigation. 6 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page Amanda Sweeting, outside city limits, spoke as the Executive Director of the Chamber of Commerce. She provided updates on the upcoming Polar Bear Jump festivities which also included fundraisers, auctions, and parades. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Calhoon) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the December 15, 2025, City Council Meeting Minutes Introduction of Ordinance 2026-001: Amending the Seward City Code to Replace Masculine/Feminine Language with Gender -Neutral Terms and Authorizing the Codifier to Implement Non -Substantive Edits Resolution 2026-007: Adopting an Alternative Allocation Method for the FY26 Shared Fisheries Business Tax Program, and Certifying this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program IN -PERSON REPORTS AND PRESENTATIONS City Manager Report City Manager Kat Sorensen summarized some key updates from her written report including Rural Health Transformation Program and other grant and funding opportunities. In local weather news, she noted it had been very cold lately and there had been multiple reports of frozen water lines. She advised residents to keep their faucets running as a preventative measure. Lastly, Sorensen had no update on the vessel litigation but would look into it. McClure asked about the cancelled New Year's Eve fireworks possibly being rescheduled. Sorensen said there would be no winter fireworks and the unused fireworks would go towards the Fourth of July. Bickling updated council on the purchase of the property for the new police station. The city had successfully closed the sale agreement on Near Year's Eve. City Clerk Report City Clerk Kris Peck said his l -page report was a commemorative poster of all the City Council Meetings in 2025. 7 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page Other Reports and Announcements Presentations Shore Power Update by City Manager Kat Sorensen City of Seward Email Notifications by City Clerk Kris Peck PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2026-001: Approving the 2026 City of Seward Port & Harbor Tariff Regulations Motion (Osenga/Draper) Approve Resolution 2026-001 Harbormaster Tony Sieminski said it was pretty straight forward and didn't include any changes that weren't already approved by past resolutions. Sorensen added that the tariff was updated by a formula which included the Consumer Price Index (CPI) in the tariff. The rates were increased accordingly. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Bruce Jaffa, outside city limits, noted the formula with the CPI seemed to do all the calculations. He recalled when PACAB was involved in the process and missed the old days of adjusting these rates manually. However, as long as the clients aren't squawking, he felt the end product was a winner. No one else appeared and the public hearing was closed. Barnwell noted his boat was actually decreasing in value. Sorensen recommended better boat maintenance. Motion Passed UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Unanimous Resolution 2026-002: Adopting the City of Seward 2026 Legislative Priorities and Congressionally Designated Spending List Motion (Osenga/Warner) Approve Resolution 2026-002 8 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page Sorensen explained how this annual list was utilized on lobbying trips. She summarized and explained the list of priorities in the resolution. The result would be a published pamphlet. Council discussed the legislative priorities and selected which ones should be designated for the Congressionally Designated Spending List: *Continued Full Funding for the Construction and Maintenance of the United States Army Corp of Engineers Lowell Tunnel Outfall Diversion Structure *Seward Marine Industrial Center Infrastructure *Funding for the Construction of a New Fire Station *Funding for the Construction of a New Police Station Motion as Amended Passed Unanimous Resolution 2026-003: Authorizing the City Manager to Enter into a Software Licensing and Implementation Agreement with Professional Computer Solutions, LLC For Enterprise Utility Software for the Electric Department in the Amount of $305,592 and Appropriating Funds Motion (Osenga/Draper) Approve Resolution 2026-003 Electric Operations Supervisor Taylor Crocker summarized the benefits of the Electric Department using the software. These benefits included e-connect for the customers, a uniform system of accounts, customer portal, an app for payment, and generally streamline everything. Sorensen also noted the administrative fee would decrease. Draper had some concerns about a new accounting system and the Electric Department lacking their own chief financial officer. It was different than the City of Seward AccuFund account and she was concerned they would not be well integrated. Crocker noted the next resolution on the agenda would address this issue because it included accounting support services. Finance Director Sully Jusino noted other City of Seward enterprise funds that can be uploaded to AccuFund. She felt confident about the new software implementation. Calhoon noted the annual maintence fees might be less than what the city was currently paying for Northstar and Fishbowl accounting software. Calhoon and Sorensen discussed the unique payroll of the Electric Department and made comparisons to Cordova's electric system. Motion Passed Unanimous 9 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page Resolution 2026-004: Authorizing the City Manager to Enter into a Professional Services Agreement with Utility Accounting and Rate Specialists, LLC, for an Electric Rate Study and Accounting Support Services Related to the Implementation of Professional Computer Systems Software for the Seward Electric Utility, in the Amount of $64,032 and Appropriating Funds Motion (Osenga/Warner) Approve Resolution 2026-004 Sorensen said this resolution would accomplish two initiatives. Part of the resolution was to have a specialist working with the city to make sure the accounting service was implemented properly. The other half of this resolution involved an electric rate study. Barnwell asked if rate studies were obsolete with these new systems. Crocker responded that the rate study was a great deal because the specialists will already be working with the city on implementing the software. He hoped for a favorable rate adjustment for the customers. Motion Passed Unanimous Resolution 2026-005: Authorizing the City Manager to Accept the Proposal from GovRates, Inc for the Water and Wastewater Rate Study and Classification Plan Project in an Amount Not to Exceed $50,000 and Appropriating Funds Motion (Osenga/Calhoon) Approve Resolution 2026-005 Public Works Director Doug Schoessler explained the history of the rate study and the grant funding process. The $50,000 price tag will cover the rate study plus any additional costs such as travel. This resolution would approve the contract and get the rate study implemented. Motion Passed Unanimous Resolution 2026-006: Authorizing the City Manager to Purchase a Dump Truck and Accessories for the Public Works Department for an Amount Not to Exceed $190,000 and Appropriating Funds Motion (Osenga/Draper) Approve Resolution 2026-006 Schoessler said Public Works had two dump trucks scheduled to be replaced. There had been one replaced so far. They were able to secure the same rate and with the uncertainties of tariffs and rising costs, Schoessler was hoping to purchase the dump truck now. Sorensen explained the dump truck was approved to be in the 2027 budget, but the city was looking to buy it now before the prices went up. McClure asked for clarification on what dump truck accessories might include. Schoessler explained radios and specialized siding. Motion Passed Unanimous 10 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page Council recessed the meeting at 8: 08 p.m. Council resumed the meeting at 8:12 p.m. Other New Business Discuss Harbormaster Facility and Uplands Development Bickling summarized the project timeline and cost and described current substandard state of the harbormaster building. He referenced page 220 of the packet with the overlay on the Uplands Parking Lot. At the next council meeting there will be two resolutions regarding this project. He discussed lease sites and selecting lessees. Bickling noted the current harbormaster building could still be utilized for restrooms and showers in the area, as well as a transportation hub. Calhoon asked if the lease sites could be moved to accommodate more parking. He liked the idea of a pavilion, green space and parks. Bickling explained the lease sites, and why they were trying to minimize utility movement. Council and City Administration further discussed accessible fishing access, energy costs, the bike path connection, and the importance of gaining public input and ideas. INFORMATIONAL ITEMS AND REPORTS Upcoming City Council Meetings Joint Work Session with P&Z on Monday, January 26, 2026, at 5:30 p.m. Topic: Marijuana Regulations City Council Meeting on Monday, January 26, 2026, at 7:00 p.m. Other Items Seward Fire Department Annual Report for 2025 CITIZEN COMMENTS Mark Adams, outside city limits, expressed concern over the rainbow crosswalk located at Fourth Avenue and Railway Avenue. He provided a laydown with reasons why the crosswalk was nonconforming with city ordinance and state statutes. He hoped council would take action to bring the crosswalk into compliance. Doug Schoessler, inside city limits, addressed the freezing pipes and cold weather. He encouraged people to run their faucets with a thin amount of water to prevent freezing. Bruce Jaffa, outside city limits, spoke about the new harbormaster building and noted PACAB had reviewed the design at one point. He hoped PACAB could participate more as this project 11 City of Seward, Alaska City Council Meeting Minutes January 12, 2026 Volume 43, Page moves forward. On another topic, Jaffa read from a statement regarding politics and the current state of affairs in the United States. He did not endorse assassinating protestors. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sorensen encouraged everyone to have a fun at the Polar Bear Jump Weekend. Calhoon noted the great presentations tonight. He thanked the Seward Fire Department for their report in the packet. He hoped that training for all the local emergency services could be combined so all first responders were fully integrated. Lastly, Calhoon wished everyone a good Polar Bear Jump Weekend and noted the weather was going to take a turn for the worse. Warner thanked the public for their comments, thanked Bruce Jaffa for his dedication to PACAB, and thanked the Clerk's Office for the presentation. She was looking forward to the Polar Bear Jump Weekend. Warner was interested to see who would be the winning bidder for Coffee with Kat. Lastly, she gave a shout out to Parks & Recreation for their Kids in the Kitchen program. Barnwell thanked Bruce Jaffa for his work with PACAB. He wished Amanda Sweeting good luck with the Polar Bear Jump Weekend. He thanked Jason Bickling for his work on the new harbormaster building and noted the fast timeline for completion. Draper thanked Bruce Jaffa and was sorry to hear his frustrations. She was looking forward to Joint Work Session with Planning & Zoning. Draper was excited about the new software for Electric Department. She also noted a Seward Cares "Project Homeless" event was coming up and there was a need for volunteers. Crites thanked everyone who spoke tonight. She was excited about the new harbormaster building, She apologized that she had to miss the recent Appeal Hearing for personal reasons. Osenga thanked the City Clerk for making it easier for the public to access information. He thanked the City Manager for the shore power presentation. Lastly, he wished everyone a fun Polar Bear Jump Weekend. McClure echoed previous comments. She thanked Bruce Jaffa and looked forward to more dialog with PACAB. McClure noted that Seward should be proud to replace some of the old buildings and move forward. She noted the weather forecast for the Polar Bear Jump Weekend and encouraged people to drive safely and be careful. Lastly, she advised of a moose in her neighborhood. ADJOURNMENT The meeting was adjourned at 8:49 p.m. Kris Peck Sue McClure City Clerk Mayor 12 RESOLUTION 2026-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE 46 PICNIC TABLES AND 26 FIRE RINGS FOR THE MUNICIPAL CAMPGROUNDS IN THE AMOUNT OF $36,393.20 Documents: • Agenda Statement • Resolution 2026-013 • Attachments: o Pilot Rock Quote 13 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Melanie Hauze, Parks and Recreation Director Subject: Resolution 2026-013: Authorizing the City Manager to Purchase 46 Picnic Tables and 26 Fire Rings for the Municipal Campgrounds in the Amount of $36,393.20 Background and justification: The Parks and Recreation Department is tasked with managing 10 campgrounds with a total of 344 reservable sites and 3 first -come, first -served campgrounds. The Department has made a complete inventory of picnic tables and fire rings and found there is a deficit of 46 picnic tables and 26 fire rings. It is Parks and Recreation's long-term goal to provide amenities that are universal to all sites. The purchase of additional picnic tables and fire rings is included in the 2026 budget. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: $ 36,393.20 This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: X $ $ 36,393.20 $ Budgeted Line item(s): 01000-1411-7221 Not budgeted Not applicable 14 Affected Fund: General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 5u6�. Cla: 40 X Yes Attorney Signature: Not applicable Comments: Attorney Review Administration Recommendation X Adopt Resolution Other: 15 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE 46 PICNIC TABLES AND 26 FIRE RINGS FOR THE MUNICIPAL CAMPGROUNDS IN THE AMOUNT OF $36,393.20 WHEREAS, Parks and Recreation manages 344 reservable campsites and 3 first -come first - served campgrounds, and currently does not provide enough picnic tables and fire rings to accommodate all the sites; and WHEREAS, the Department has the long-term goal of providing amenities that are universal to all sites; and WHEREAS, the current deficit is 46 picnic tables and 26 fire rings for the reservable campsites; and WHEREAS, Pilot Rock has provided a quote for the picnic tables and fire rings that provides the best value for the equipment and the shipping in the amount of $36,393.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to approve the purchase of picnic tables and fire rings from Pilot Rock. Section 2. Funding in the amount of $36,393.20 is hereby appropriated, included in the City's operating budget FY25/26 from the expense account 01000-1411-7221 Operating materials Expense Account. Section 3. This resolution shall take effect immediately upon adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA ON THIS 26TH DAY OF JANUARY 2026. AYES: NOES: ABSENT: ABSTAIN: Sue McClure, Mayor 16 CITY OF SEWARD, ALASKA RESOLUTION 2026-013 ATTEST: Kris Peck City Clerk (City Seal) 17 1 /8/26, 9:12 AM Cart I Not Rack I RJ Thornas Mfg. Co. Review items in your cart CART: 261376EM-2 ESTIMATED QUOTE AMOUNT: $36,393.20 ITEMS: 72 Billing Information Organization Type - Government: City First Name- Melanie Address - P.O. Box 167 City - Seward Zip/Postal Code - 99664 Phone - 907-224-4053 Shipping Information Ship -To Organization Name - Seward Ship -To First Name- Melanie Ship -To Address - 702 Aspen Lane Ship -To City- Seward Ship -To Zip/Postal Code - 99664 Ship -To Phone - 907-491-0506 Will the ship -to destination require residential/limited access delivery? - No Promo Code - RFQ Notes Pilot Rock Rj Thomas Mfg. Co, PO Box 946 Cherokee, IA 51012-0946 customerservice@rjthornas.com Fax: 712-225-5796 Phone: 1-800-752-5002 Organization Name -Seward Parks and Recreation Last Name - Hauze Address (continued) - State/Province - AK Country- United States Email Address- mhauze@cityofseward.net Parks and Recreation Ship -To Last Name- Hauze Ship -To Address (continued) - Ship -To State/Province - AK Ship -To Country- United States Ship -To Email Address - mhauze@cityofseward.net Do you require Iiftgate (unloading) service for freight shipments at the destination? - No Notes - RJ Thomas Mfg. Jan 7 2026 3:05PM: Delivery: will ship (45) days After Receiving Order (ARO) by truck freight to a commercial/business address (not residential). Someone at the destination must inspect, sign for and unload the freight. Special Instructions - Due to quantity I was able to get you a discount. Configurable Items https://www.pilotrock.corn/cart/Asummary/ 18 1/2 1/8/26, 9:12 AM Type (Model # Cart J Pilot Rock I RJ Thomas Mfg, Co. FA-30 Campfire Ring FA-30-17-ITB-- • 7-3/8" sides ($246.00) • Tip'Back Anchors ($0.00) • No Shelf- I don't want an optional shelf ($0.00) • No Lockout Cover - I don't want an optional Firering Lockout Cover ($0.00) UT Series Picnic Table - Using Lumber UT-C* Black (B)-6TP • Powder Coated ($0.00) - Black (B) • TREATED PINE 6 ft. ($492.00) Number of Items: Total Items Cost: Tax: Shipping: Item Price Qty Total $221.40 26 $5,756.40 $442.80 46 $20,368.80 72 $26,125.20 TBD $10,268.00 Final Cost: $36,393.20 Purchase Orders and Payments: R.J. Thomas Mfg. Co. Inc. PO Box 946 Cherokee, IA 51012-0946 800-762-5002 Mon - Fri: Sam - 5pm CT Our Affiliations A Physical/Shipment Address: R.J. Thomas Mfg. Co. Inc. 5648 U.S. Hwy 59 Cherokee, IA 51012 Pilot Rocke is a registered trademark of RJ Thomas Mfg, Co. inc. Copyright © 2003-2026 RJ Thomas Mfg. Co. Inc. https://www.pilotrock.com/cart/rNsummary/ 19 2/2 RESOLUTION 2026-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMISSION AGENT CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SEWARD AND THE STATE OF ALASKA DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES, TO OPERATE THE CITY OF SEWARD DIVISION OF MOTOR VEHICLES COMMISSION AGENT OFFICE Documents: • Agenda Statement • Resolution 2026-014 • Attachments: o DMV Commission Agent Contract 20 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Louis Tiner, Chief of Police Subject: Resolution 2026-014: Authorizing the City Manager to Enter into a Commission Agent Contractual Agreement Between the City of Seward and the State of Alaska Department of Administration, Division of Motor Vehicles, to Operate the City of Seward Division of Motor Vehicles Commission Agent Office Background and justification: This resolution establishes the continuation of the contractual agreement between the City of Seward and the State of Alaska Department of Administration, Division of Motor Vehicles. The period of performance for this agreement began July 1, 2024, and ended December 31, 2025, with an authorized amended period of performance of July 18, 2024, to December 31, 2026, with three one-year renewal options available to be exercised solely at the discretion of the State, unless terminated earlier under agreed upon agreement terms. The funds retained by the City of Seward collected on behalf of the State of Alaska Department of Administration, Division of Motor Vehicles, are used to offset a portion of the costs associated with operating a City of Seward Division of Motor Vehicles Commission Agent Office. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: $ This legislation (V): 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 $ $ $ 21 Affected Fund (V): General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review w Administration Recommendation X Adopt Resolution Other: 22 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMISSION AGENT CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SEWARD AND THE STATE OF ALASKA DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES, TO OPERATE THE CITY OF SEWARD DIVISION OF MOTOR VEHICLES COMMISSION AGENT OFFICE WHEREAS, the City of Seward has entered into a commission agent contractual agreement with the State of Alaska Division of Motor Vehicles for many decades; and WHEREAS, the current Seward Division of Motor Vehicles Commission Agent Office contractual agreement began July 1, 2024, and ends December 31, 2025, with an amended period for performance of July 18, 2024 through December 31, 2026. As well as three one-year renewal options; and WHEREAS, the State of Alaska Department of Administration, Division of Motor Vehicles authorizes the Seward Division of Motor Vehicles Commission Agency to retain the following from funds collected on behalf of the state: 30% of the fees collected from boat and snow machine/ATV transactions; 30% of the fees collected from motor vehicle transactions, excluding Motor Vehicle Registration Tax and Surety Bond deposits; 50% of fees collected from driver license and identification card transactions; 100% of fees collected from road tests; and WHEREAS, the funds retained by the City of Seward collected on behalf of the State of Alaska Department of Administration, Division of Motor Vehicles, are used to offset a portion of the costs associated with operating the Seward Division of Motor Vehicles Commission Agency Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to enter into a commission agent agreement with the State of Alaska Department of Administration, Division of Motor Vehicles to provide the City of Seward with permission to operate the Seward Division of Motor Vehicles Commission Agent Office Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. Sue McClure, Mayor 23 CITY OF SEWARD, ALASKA RESOLUTION 2026-014 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 24 ' STATE OF ALASKA AMENDMENT TO GOODS AND NON-PROFESSIONAL SERVICES 1. Agency Contract Number 5006 2. IRIS or DGS Solicitation Number (if used) N/A 3. Optional Renewal? e Yes 0 No Years remaining: Two 4. Agency Unit and Appropriation Code N/A 5. IRIS GAE Number (if used) N/A 6. Amendment No. One (term renewal) This agreement is between the State of Alaska, 7. Department of Division of Administration Motor Vehicles hereafter the State, and 8. Contractor: City of Seward Contact: Regina Huett Email: rhuettacityofseward.net / Itineracityofseward.net hereafter the Contractor Mailing Address, Street or P.O. Box City State ZIP Code P.O. Box 167 Seward AK 99664 9. Original period of performance FROM: July 18, 2024 TO: December 31, 2025 10. Amended period of performance FROM: July 18, 2024 TO: December 31, 2026 11. Previous amount of contract to date: N/A 12. Amount of this amendment: N/A 13. This amended contract shall not exceed a total of N/A 14. In accordance with the provisions of the above under the contract are amended as follows: All This amendment updates the Payment and Procedure Appendix C Commission Agent Drivers License provisions. The period of performance under this contract is IN WITNESS WHEREOF the parties hereto have NOTICE! This amendment has no effect until signed referenced contract, the parties to that contract agree other terms and conditions of the contract remain in effect. language contained in Appendix B Commission and Identification Card as detailed on page two of this increased by one year to December 31, 2026. that the services to be performed by the contractor Agent Title and Registration Processing and amendment Box 14. Continuation of amendment officer or designee. executed this amendment. by the head of the contracting agency, procurement 15. CONTRACTOR Name of Firm City of Seward Sign ur Au o " epres tv�..04 Type or Printe a of Authorized Representative Kat Sorensen / ity Manager Louis Tiner / Chief of Police Date I jS72S /1s�ozf 16. DIVISION 17. CONTRACTING AGENCY Department/Division Administration/Motor Vehicles Department/Division Administration/OPPM Signature of Project Director Signature of Procurement Officer Typed or Printed Name of Project Director Marites Montano Typed or Printed Name of Procurement Officer Lisa Trombi Date Date 02-112 (Rev: 11/23) ATPSC FRM 25 APPENDIX H DMV COMMISSION AGENT This Contract is made between the State of Alaska, Department of Administration, Division of Motor Vehicles (hereafter "DMV"), and City of Seward (hereafter "Commission Agent"), P.O. Box 167, Seward, AK 99664. The parties agree as follows: I. GENERAL PROVISIONS A. TERM. The period of performance for this Contract begins July 1, 2024, and ends December 31, 2025, with three one-year renewal options available to be exercised solely at the discretion of the State, unless terminated earlier under Section IX of this Contract. 1. This Contract will be in effect when all required Appendix H documents have been received in their entirety. 2. This Contract has no effect until signed by the head of contracting agency or designee (OPPM). B. DEFINITIONS. For purposes of this Contract, unless the context clearly suggests otherwise, the following words and phrases shall have the meanings defined below: 1. "Accountable Inventory" means DMV documents issued to the Commission Agent to process DMV transactions for the general public and includes temporary permits, license plates, titles, validation tabs, snow machine, ATV's, APV's and boat year tabs, and decals. 2. "Agent Representative" means a designated employee of the Commission Agent who has been trained in accordance with DMV instructions to perform document processing under the Contract and who is in charge of the agent's compliance with the Contract and who shall serve as the contact between the Commission Agent and DMV in executing the permitted functions under the Contract on behalf of the Commission Agent. 3. "ALVIN" means the Alaska License and Vehicle Information Network, the database of the DMV. 4. "Batch Control Number" means a number assigned by ALVIN to designate a data entry batch. 5. "Batch Work" means all transactions and supporting documentation completed under a Batch Control Number. 6. "CDL" means commercial driver's license. Appendix H CT# 5006 City of Seward I I P a g e 7. "Class A," B," and C" are all commercial class driver's licenses. 8. "Class D" means non-commercial driver's license. 9. "Commission Agent" means the signatory government agency that is authorized to do all DMV transactions to include Class D, MI, and all commercial class road tests and to receive a commission for those services. 10. "DMV" stands for Division of Motor Vehicles" provides auditing procedures which include inventory and collection of state revenue accountability; ensuring the security and integrity of DMV's database information; and auditing of Contract provisions and compliance. These services also include developing written procedures, providing training and support, and auditing transactions for accuracy and timeliness. 11. "DOA" means the Department of Administration. 12. "Employee" means a person who is hired for a wage, salary, fee, or payment to perform work for an employer. 13. "MOVEit" means a web -based application used to safely and securely transmit batch work electronically from the Commission Agent to DMV. 14. "M1" means motorcycle driver's license. 15. "OPPM," stands for Office of Procurement and Property Management. OPPM manages and oversees the Contracts, Appendices, and Amendments between DMV and the Commission Agent. 16. "Performance Road Test Examiners" means the Commission Agent staff trained by DMV, or a person designated by DMV, to administer Class D non-commercial, M1, and all CDL Class A, B, and C commercial road tests. 17. "Standard Operating Procedures" or "SOPs" are DMV's published policies and procedures. 18. "STAR" means Skill Test Appointment and Reporting, a web -based program used to schedule road tests and report road test results. 19. "VPN" means Virtual Private Network and is the software that allows use of a third -party computer system to bypass the State's firewall to access the DMV's information in ALVIN. C. AUTHORIZATION. DMV hereby authorizes the Commission Agent to process transactions on behalf of DMV as specified in the attached Appendix(ices). The Commission Agent may not process transactions or provide services other than what the Contract, Amendments, and Appendix(ices) specifically authorize. The authority granted under this Contract is not transferable. Appendix H CT# 5006 City of Seward 2 I P a g e 27 D. DESCRIPTION OF WORK. The work to be performed by the Commission Agent is outlined in attached Appendix(ices). E. REQUIREMENTS. The Commission Agent must meet the requirements and maintain the requirements during the term of this Contract. OPPM will request that the Commission Agent provide proof of compliance with these requirements upon three business days' notice. The failure of the Commission Agent to maintain these basic requirements, and others as they may be further described below, shall constitute a basis for OPPM to terminate this Contract under Section IX of this Contract. 1. INSURANCE. Without limiting Commission Agent's agreement to indemnify the state, the Commission Agent shall purchase at its own expense and maintain in force at all times during the term of this Contract the following insurance policies. Where specific limits are shown, it is understood they shall be the minimum acceptable limits. a) Workers' Compensation Insurance: The Commission Agent shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the State. b) Commercial Automobile Liability Insurance: covering all vehicles used by the Commission Agent in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim. c) Commercial General Liability Insurance: covering all business premises and operations used by the Commission Agent in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim. d) Professional Liability Insurance: covering all errors, omissions, or negligent acts in the performance of professional services under this agreement with minimum coverage limits of $300,000 per claim/annual aggregate. Notices of insurance policy renewals, or non -renewals, or cancellations, or material change of conditions in accordance with policy provisions must be emailed from the insurance company to the OPPM at: doa.oppm.procurement@alaska.gov. Failure to furnish satisfactory evidence or lapse of the policy is a material breach of this Contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21. 2. SURETY BOND: The Commission Agent shall purchase at its own expense and maintain in force at all times during the term of the Contract, a surety bond in the amount of $100,000. The original, notarized surety bond must be on file with OPPM. The bond must be written by a company authorized to do business in the State of Alaska. The bond Appendix H CT# 5006 City of Seward 3 I P a g e 28 may be cancelled only after giving 30-days written notice to OPPM. II. RESPONSIBILITIES OF DMV In order to facilitate the Commission Agent's ability to perform work under the Contract, and except as specifically stated, at no cost to the Commission Agent, DMV will provide the following as needed: A. Provide the Commission Agent with accountable documents, computer software, and information necessary to issue driver licenses and identification cards; process motor vehicle titles, boat, snow machine, ATVs, APVs, and motor vehicle registrations; and conduct performance road tests. B. Provide the Commission Agent's designated employee(s) with initial training to become an Agent Representative and as a prerequisite to the employee(s): issuing and/or processing documents under this Contract; conducting performance road tests; updating existing information in ALVIN; and performing all other duties and obligations of the Commission Agent under this Contract. Training should be scheduled 30-days in advance, and DMV may provide training sooner than 30 days, depending on availability of trainers. The initial training will include providing each Agent Representative with a unique password for access to ALVIN, instruction to process title and registration transactions, driver licenses and identification cards, knowledge, and road skills tests. All travel expenses are the responsibility of the Commission Agent. C. Provide the Agent Representative(s) with follow-up training as deemed necessary by DMV and/or Commission Agent. Training should be scheduled 30 days in advance, and DMV may provide training sooner than 30 days, depending on availability of trainers. All travel expenses are the responsibility of the Commission Agent. D. At DMV's discretion, DMV may, if requested by the Commission Agent, provide an additional week of one-on-one training at the Commission Agent's location. All travel expenses will be the responsibility of the Commission Agent. This additional training is available after the initial New Hire Training and the follow-up training has been completed. E. Provide the Commission Agent with access to on-line Standard Operating Procedures (SOP) manual containing written standards relating to processing documents under this Contract. The SOP manual will establish system operations, data reporting, accounting for funds collected, and revenue transmission to the State. The SOP manual will be revised as determined necessary by the DMV. F. DMV will provide updates and revisions to the SOP manual via email to the Commission Agent. G. Evaluate the Commission Agent on a continuing basis to ensure compliance with this Contract and adherence to state statutes, regulations, and DMV policies and procedures. DMV may conduct on -site audits for the duration of this Contract. Appendix H CT# 5006 City of Seward 4 1 P a g e 29 H. Authorize the Commission Agent, in consideration for the services provided above, to retain the following commission from funds collected on behalf of the state: 30% of the fees collected from boat and snow machine, ATVs, APVs transactions; 30% of the fees collected from motor vehicle transactions, excluding Motor Vehicle Registration Tax and Surety Bond deposits; 50% of the fees collected from driver license and identification card transactions; and 100% of the fees collected from road tests. I. Authorized commissions shall be retained by the Commission Agent from gross revenues. The remaining balance shall be remitted to DMV in accordance to this Contract and its Appendices. III. RESPONSIBILITIES OF THE COMMISSION AGENT A. PLACE OF BUSINESS. The Commercial Agent shall not change the physical location of an existing place of business, or add a new location, without written authorization from OPPM. B. NOTIFICATION OF CHANGE. The Commission Agent must notify OPPM in writing prior to any change in the address, designated representative (excluding janitors), availability of services offered, or any change in the service location(s). Any changes to DMV Third -Party road test routes must be approved in writing by DMV seven business days before the organization implements the proposed change. Closure for cultural community events requires a minimum of two weeks' notice and must be approved by DMV. C. PERSONAL INFORMATION OF APPLICANTS. The Commission Agent is responsible for having internal procedures that ensure adherence by the Commission Agent, and its employees or contractors, to the requirements necessary to protect the privacy of DMV records and the personal information of customers. The Commission Agent and its employees are prohibited from obtaining or using personal information concerning all customers for purposes of surveys, marketing, or solicitation, or in any way prohibited by 18 USC 2721-2725, AS 28.10.505, or AS 28.15.151. Driver, vehicle information and records obtained from a state or created by the Commission Agent in performing its duties under the Contract are subject to the restrictions imposed by applicable federal, state, and local privacy protection laws including 18 USC 2721-2725, AS 28.10.505, and AS 28.15.151. The Commission Agent must conform to all requirements of AS 45.48, AS 28.10.505, AS 28.15.151, and 18 USC 2721-2725 in protecting personally identifiable information. As defined by AS 45.48.090 "personal information" includes an individual's first name or first initial; and last name; and one or more of the following information Appendix H CT# 5006 City of Seward Wage 30 elements: the individual's social security number; the individual's driver's license number or state identification card number; the individual's account number, credit card number, or debit card number; and passwords, personal identification numbers, or other access codes for financial accounts. As defined by 18 USC 2725 "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address, telephone numbers, and medical or disability information. By entering into this Contract, the Commission Agent acknowledges that it is familiar with these laws, and the personal liability imposed on it by 18 USC 2721 — 2725. D. PRIVACY BREACH. The Commission Agent must immediately notify OPPM of a breach of Personally Identifiable Information and must immediately comply with the requirements under AS 45.48 regarding breach. 1. The Office of Information Technology (OIT) may shut off or remove VPN access if OIT believes there is an inherent risk. Any cost to mitigate the security break shall be borne by the Commission Agent. E. PERSONNEL. The Commission Agent is responsible for ensuring that its employees are following the requirements of this Contract and all attached Appendices, and Amendments. Specific requirements may be further outlined in additional Appendices for specific services. The Commission Agent must: 1. Notify DMV of all changes in personnel that require specific training as outlined in this contract such as: changes in personnel (excluding janitors), termination of employees, and hiring of new employees; which require written approval from DMV. Notification must be made in writing to DMV within 24 hours of the change in personnel. 2. Notify DMV immediately and in writing of all personnel who are arrested or convicted of a misdemeanor or felony. Any employee who is terminated or is convicted of violating any regulation that has a clear nexus between the office and the employee's ability to perform the duties of the Contract will have their ALVIN and VPN access terminated. It is at the DMV's sole discretion to determine whether an employee is fit to access ALVIN and VPN after an arrest or after a conviction of violating a Federal or State Law or Regulation, or while a criminal case for an alleged violation of Federal or State Law or Regulation is pending. 3. Ensure that each employee successfully completes initial training and any necessary refresher training by DMV or DMV's designee, in accordance with Sec. II of this Contract. Commission Agent must not allow any non -trained employees access to DMV systems. Appendix H CT# 5006 City of Seward Wage 31 4. Submit fingerprints and fees for an FBI background check at the time of application and/or renewal, along with the Background Check Authorization Form, if not already done by the DMV. 5. Ensure that all employees adhere to DMV SOPs and published policies, and any revisions to those procedures as provided from time to time during the term of the Contract. F. TRAINING. Each employee of the Commission Agent must attend all applicable initial training provided by DMV or DMV's designee in accordance with Sec. II of this Contract. Training should be scheduled 30 days in advance, and DMV may provide training sooner than 30 days, depending on availability of trainers. All travel expenses are the responsibility of the Commission Agent. G. REFRESHER TRAINING. Each employee shall receive follow-up training by DMV or DMV's designee when requested by the Commission Agent or deemed necessary by DMV. All travel expenses are the responsibility of the Commission Agent. DMV written approval required for specific work and training such as ALVIN, VPN, etc. H. MAINTAINING ACCEPTABLE STANDARDS. The Commission Agent and its employees must meet the minimum auditing standards implemented by DMV. These minimum standards provide for a consistent and systematic review of DMV's practices, records, and inventory, if applicable, to ensure that all offices are providing consistent service to customers, to ensure all transactions are properly accounted for, and to ensure accurate record keeping. It is the responsibility of the Commission Agent to correct all errors brought to its attention and to provide DMV with supporting documentation, in accordance with DMV policies, procedures, and standards. I. AUDIT AND UPLOAD (MOVEIT) REQUIREMENTS. Any Commission Agent employee who is not meeting the DMV auditing standards or document upload requirements will not be allowed to process any DMV related transactions until the Commission Agent has provided proof of remediation efforts and that the employee has shown improved performance. Upon notice from DMV, it is the Commission Agent's responsibility to provide the remediation efforts, document the process and improvement in a measurable approach, and to provide such proof to the Partner Services Team. The Commission Agent's identified employee will not be allowed to perform any DMV related transactions or document uploads until DMV has notified the Commission Agent in writing that the provided remediation process and results are satisfactory. J. INTERNET ACCESS. The Commission Agent shall ensure that it has an internet connection for accessing DMV programs at each location, and that it has a unique e-mail account for receiving procedure updates, notices of errors, corrections, and any other necessary communications from OPPM or DMV. K. SYSTEM ACQUISITION. The Commission Agent is responsible for ensuring it has all of the required equipment, software, and hardware to conduct business in accordance with DMV standards, policies, and procedures. The required equipment is further described in Appendix H CT# 5006 City of Seward 7 I P a g e 32 Appendix A, Attachment One DMV Commission Agent System Requirements (two pages). L. START-UP EQUIPMENT If the Commission Agent has already been provided with start-up equipment necessary to conduct DMV transactions (computer, software, printer, camera, barcode scanner, and vision testing device), this equipment is property of the State of Alaska and therefore shall not be used for anything other than what is specified in this Contract. M. PROTOCAL 1. Customer Service — DMV is a service organization and Commission Agents, and Agent Representatives are required to provide the same level of customer service provided at DMV offices. The Commission Agent is expected to serve all members of the public with courtesy and without discrimination. Responsiveness and courtesy are two important elements of customer service. Listening carefully to customers is essential for providing the excellent customer service that is expected under this Contract. 2. Dress —Agent Representatives represent DMV and should therefore dress in a way that projects a professional image. Agent representatives are expected to be neat, clean, and presentable at work every day. 3. Political Activity — Political activity in an establishment that processes DMV transactions is prohibited. This includes: • Displaying or distributing partisan web sites or signs; • Sending email messages using a State -sponsored email account; • Using any State equipment for partisan purposes; and • Wearing political buttons, t-shirts, or other partisan paraphernalia. The Commission Agent should consult with DMV regarding questions or concerns about prohibited political activity. 4. Violations of State or Federal Law — Any Agent Representative who receives a citation requiring a court appearance or who has been arrested or convicted of a misdemeanor or felony, must report the citation, arrest, or conviction to DMV in writing immediately. Any Agent Representative who violates a Federal or State law or regulation and there is a clear nexus between the offense and the Agent's duties, or if the violation impairs the Agent's ability to perform the duties of this this Contract will have their ALVIN and VPN access terminated. N. OPERATIONS 1. Maintain a schedule of regular working hours during which services under this Contract are available to the public. Business hours must be between 7 A.M. and 7 P.M. Office must be open a minimum of 20 hours, three days per week, and open a minimum two Appendix H CT# 5006 City of Seward 8 I Page 33 hours each day. Changes to business days and/or hours may be made no more than once every three months and must be approved in advance by DMV. Office closure is permitted a total of three weeks per year but no more than two consecutive weeks, and only one week between May 1 and August 31. Scheduled office closures must be advertised in the community media, signs posted on the office door, and DMV notified at least two weeks prior to office closure. Unscheduled office closures must be advertised as soon as possible, and DMV notified immediately. DMV will consider requests from Commission Agent for a modification of this schedule. Prior written approval must be obtained before a modification can be put in place. Public notice must be made of an approved modification of the schedule. Closures for cultural community events requires a minimum of two -weeks notices and must be approved by DMV. 2. The Commission Agent must be connected to the internet for accessing DMV applications, SOPs, and have a dedicated email address for DMV-related correspondence only. The internet connection must have adequate bandwidth to support accessing the DMV systems. IV. COMPLIANCE WITH LAWS AND REGULATIONS The Commission Agent shall comply with the laws, regulations, and SOP manual, as well as any revisions to the manual that govern any services provided under this Contract. The Commission Agent shall establish procedures to ensure that Agent Representatives comply with the laws, regulations, and SOP manual, as well as any revisions to the manual, that govern document processing under this Contract. No employee or other person who has not been trained as an Agent Representative under the terms of this Contract may access DMV records or perform any DMV services. Any unauthorized access may lead to suspension or termination of this Contract under Sec IV. Further, in performing services under this this Contract, the Commission Agent and its Agent Representatives must comply with all Federal, State, and local statutes, ordinances, regulations, and codes relating to the conduct of business and the operation of business premises, including the Americans with Disabilities Act. V. CODE OF ETHICS In order to facilitate the Commission Agent's ability to perform work under the Contract, the Commission Agent and all of its employees and contractors must adhere to the following Code of Ethics. The Commission Agent, as well as every employee and contractor of the Commission Agent, must: A. Recognize that this is a position of highest public trust, and that many people depend on the wisdom of your decisions. B. Impartially administer all official duties without regard to race, gender, sexual orientations, creed, national origin, disability, position, or influence. Employees must not provide services, process transactions for, and/or administer tests to family, significant others, and/or close friends. Appendix H CT# 5006 City of Seward 9 I P a g e 34 C. Exercise only such authority as has been duly vested in the position and authorized by this Contract, Appendices, and Amendments. D. Serve the public with all possible promptness and courtesy. E. Pursue no other employment or activities that would distract from the integrity of the profession. F. Reject all presents and favors from applicants or others relating to your official duties. G. Convey only authorized information to the public. H. Uphold the honor and dignity of the profession. I. Refrain from participating or engaging in, whether intentionally or unintentionally, any fraudulent activities and promptly reporting any fraudulent activities to OPPM. J. Carry out all duties not specifically covered by this code with the safety and welfare of the public, as well as the integrity of the profession and DMV's records as the controlling motive. VI. NON -DISCLOSURE The Commission Agent acknowledges that any proprietary information received from DMV, its systems, and/or records is confidential and the Commission Agent, its representatives, employees, and contractors are prohibited from any unlawful or unauthorized disclosure of such information. The Commission Agent agrees that it shall not discuss, disclose, or cause disclosure of any confidential information to anyone who does not have a business need and a legal right to know the information. The Commission Agent shall handle and store confidential information with all federal and state laws and regulations, and department policies. VII. COMMUNICATIONS A. Notices and communications required to be submitted to OPPM shall be in writing and emailed to: doa.oppm.procurement@alaska.gov B. Notices and communications required to be submitted to DMV shall be in writing and emailed to: marites.montano@alaska.gov and alexandra.adame@alaska.gov C. Notices and communications submitted by OPPM or DMV to the Commission Agent shall be emailed to the Commission Agent. D. Notices will be deemed effective three days after email receipt unless otherwise stated. Appendix H CT# 5006 City of Seward 10 I P a g e 35 VIII. SUSPENSION OF THIS CONTRACT A. SUSPENSION. OPPM may suspend this Contract and any attached Appendices, in whole or in part, for the following reasons: 1. Violation of any federal, state, or local statute, code, or regulation. 2. Suspected or alleged unethical or criminal misconduct. 3. Expiration of the Commission Agent's insurance or other qualifications required by this Contract, Appendices, and Amendments. 4. Failure to submit required documentation, such as batch work, or failure to transmit fees collected to the DMV, if applicable will result in progressive action to include suspension of ALVIN and VPN access. Ongoing failures to comply will result in termination of this contract. 5. Repeated unacceptable audit ratings resulting from errors in transactions, negligence or not adhering to the SOPs or statutes. 6. Misuse of secure access or compromising the integrity of any DMV system. Misuse includes, but is not limited to, allowing unauthorized access, sharing passwords or logins, using confidential data for personal use, or violating any terms of use specific to the DMV system. 7. Failure to comply with any term of this Contract, and any attached Appendices, and Amendments. B. INVESTIGATION. OPPM may suspend this Contract in order to conduct an investigation for any of the suspension reasons listed above. C. INACTIVATION. OPPM may summarily suspend this Contract without prior notice to the Commission Agent by rendering inactive the Commission Agent, its representative, employees, or contractors, access to any and/or all DMV systems, including but not limited to ALVIN and STAR. D. NOTIFICATION. Any suspension of this Contract may be without prior notice at DMV's discretion; however, OPPM shall provide the Commission Agent with a written notice of the reason(s) or purpose(s) of the suspension unless such notice will jeopardize any such investigation by DMV or by any law enforcement agency. E. DURATION. OPPM may implement a suspension for up to 30 calendar days. The 30-calendar day suspension period may be extended if the investigation is ongoing, but DMV shall make a good faith effort to conclude its investigation as soon as practicable. OPPM shall not lift a suspension until the Commission Agent has remedied the conduct that triggered the suspension to DMV's reasonable satisfaction. Appendix H CT# 5006 City of Seward 11 1 P a g e 36 IX. TERMINATION OF THIS CONTRACT A. COMMISSION AGENT. The Commission Agent may terminate this Contract upon 30-days written notice to OPPM and DMV. B. OPPM 1. FOR CONVENIENCE. OPPM may terminate this Contract upon 30-days written notice to the Commission Agent, in whole or in part, when it is in the best interest of the State of Alaska. 2. IMMEDIATELY. This Contact may be terminated immediately if a Commission Agent, its employees, or contractors has: a. Provided information to OPPM and DMV that contained intentional: (1) false statement or record, (1) material misstatement, or (2) material omission. b. Engaged in fraudulent activity, criminal misconduct, or illegal activities. 3. NOTICE: This Contract may be terminated after 30-days written notice if the Commission Agent has failed to meet the terms of this Contract and/or its Appendices, and Amendments. 4. NO LONGER MEETS REQUIREMENTS. Either party may terminate this Contract if the other party violates a material provision of the Contract including any instance where the other party fails to follow any state or federal statutes, regulations, or DMV SOPs, or fails to remit monies due. 5. LACK OF REMEDIATION. If suspension has occurred and remediation of issues has not been satisfactorily remedied, OPPM can cancel this Contract. C. NOTIFICATION. If OPPM terminates the Contract, OPPM shall provide the Commission Agent with written notice of the termination within three business days. If, in the judgement of DMV it will not jeopardize an investigation by DMV or by any law enforcement agency, OPPM will provide written notice of the reason(s) or purpose(s) of the termination within 30 days of the termination. D. WAIVER OF RIGHTS. The Commission Agent waives any right it may have or may have in the future to recover any costs or damages arising from its participation in, or termination from, the services it provides on behalf of DMV and the Contract, including set-up costs, lost profits, or consequential or other damages. E. UPON TERMINATION. Within three business days of the effective date of termination of the Contract, the Commission Agent shall deliver to the DMV an accounting of all records, transactions, and outstanding matters. If applicable, the Commission Agent shall remit to the DMV all sums due to the DMV for transactions made under the Contract, as well as all Accountable Inventory. If not returned, a fee equal to the cost of the inventory will be assessed. If equipment is not returned the cost of the equipment will be assessed. Appendix H CT# 5006 City of Seward 12 1 P a g e 37 F. FULL RESTITUTION. The Commission Agent shall make full restitution to the state for all fees associated with investigating improprieties resulting in convictions or requiring the retesting of applicants. G. REINSTATEMENT. If this Contract is terminated under this section, it may be reinstated if the Commission Agent provides proof satisfactory to OPPM that the reason for the termination has been rectified. The decision to reinstate this Contract and what is deemed satisfactory proof is at the sole discretion of OPPM. X. MISCELLANEOUS PROVISIONS A. ADVERTISING. 1. Advertising includes television, radio, newspapers, movie theaters, digital, and signage for business. 2. All advertising regarding DMV must be approved by DMV. Advertising cannot be negative towards DMV employees or offices; it can however highlight the advantages of the Commission Agent over DMV. 3. The Commission Agent may not use "DMV" as part of the business name. DMV may be used to describe what the business does. 4. The Commission Agent may not use "DMV" as part of their job titles and/or signature blocks. 5. A Third -Party Tester may not advertise or otherwise imply that it can issue or guarantee the issuance of any class of driver's license; that the instructor or examiner can in any way influence the DMV in the issuance of any class of driver's license; that it can obtain preferential or advantageous treatment from the DMV; or that the program is in any way endorsed by the DMV over another program. The Third -Party Tester may in their advertising state they are "CERTIFIED" or "APPROVED" by the DMV to conduct road tests. B. ASSIGNMENTS. The Commission Agent may not assign any of the Commission Agent's obligations or rights under the Contract, without first obtaining the written consent of OPPM, which consent is in the sole discretion of DMV. C. COMPLIANCE WITH LAWS AND REGULATIONS. The Commission Agent shall comply with all federal, state, and local statutes, regulations, and ordinances. D. EFFECTIVE DATE. The Contract shall be effective when fully executed by both parties. E. ERRORS MADE BY COMMISSION AGENT. When a transaction, road test, or other service provided by the Commission Agent has been found to have an error requiring the reprocessing of a document or retesting of an applicant, the Commission Agent must fix the Appendix H CT# 5006 City of Seward 13 I P a g e 38 error with no associated fees. If the customer requests DMV to fix the error, then all applicable fees will be collected by DMV from the customer. F. FORCE MAJEURE. The parties to this Contract are not liable for the consequences of any failure to perform, or default in performing, any of their obligations under this Contract, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this Contract, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities. G. GOVERNING LAWNENUE. This Contract is governed by the laws of the State of Alaska under AS 36.30. Any disputes must be handled under AS 36.30.620. H. INDEMNIFICATION. The Commission Agent shall indemnify, hold harmless, and defend the contracting agency from and against any third -party claim of, or liability for error, omission, or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "Contractor" and "contracting agency", as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the contracting agency's selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor's work. I. INTEGRATION AND AMENDMENT. The Contract contains the entire Contract of the parties. All prior negotiations, statements, representations, warranties, and assurances, whether expressed or implied or oral or written, and which are or were in any way related to the subject matter of the Contract, are merged, and integrated into the Contract. The Contract may only be amended through OPPM with a written contract Amendment agreed to and signed by both parties to the Contract. J. PARTNERSHIP / JOINT VENTURE. The Commission Agent acknowledges and agrees that the Contract does not create a joint venture or partnership between the State of Alaska and the Commission Agent. . K. NO EXCLUSIVITY. The Contract does not provide exclusivity to the Commission Agent or to any area, region, or municipality. Appendix H CT# 5006 City of Seward 14 I P a g e L. PROOF OF COMPLIANCE. OPPM may request that the Commission Agent provide proof of compliance with any requirements of the Contract upon five business days' notice. M. RIGHT TO AUDIT. At any time during the Commission Agent's regular working hours, DMV shall have full and complete access to the Commission Agent's premises, employees, representatives, books, accounts, records, computer hardware, and computer software in order to inspect and audit the Commission Agent's work under this Contract, including but not limited to inspecting and auditing Accountable Inventory, the administration of Road Tests or Instruction for Third -Party Examiners and Instructors, and other records related to the processing of DMV transactions. Commission Agent Representatives may be notified at least 24 hours in advance and have the option to be present during the audit. N. RIGHTS OR REMEDIES. No right or remedy conferred by the Contract to or reserved to DMV or to Contractor is intended to be exclusive of any other right or remedy, and each and every right and remedy under the Contract is cumulative and in addition to any other right or remedy existing at law or in equity or by statute. O. SEVERABILITY. 1. Any provision of the Contract that shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and the remaining provisions shall nevertheless remain in full force and effect. 2. If any provision in this Contract is found to be invalid, unlawful, or unenforceable the parties shall agree in good faith to such amendments as will preserve the intent of this Contract. If the parties fail to so agree, such invalid provision will be severed from this Contract, which will continue in full force and effect. P. TAXES AND ASSESSMENTS. The Commission Agent shall promptly and timely pay any and all taxes and assessments, including any applicable sales tax, levied upon the premises or transactions of the Commission Agent. The Commission Agent is strongly urged to contact the local government where it operates to determine whether sales taxes may apply to the assessment of its service charges or other revenues collected under the Contract. Q. TIME OF THE ESSENCE. The Commission Agent hereby agrees that time is of the essence with respect in providing any required documents, communications, and information to DMV and OPPM during the Contract. Time is of the essence as to each term and provision of the Contract. R. WAIVER AND FORBEARANCE. Except to the extent the parties agree in writing, no waiver by a party of any breach by the other of any of the other party's obligations shall be deemed to be a waiver of any subsequent breach of the same or any other obligation. Similarly, any forbearance by a party to seek a remedy for any breach of the other party shall not be deemed a waiver of a party's rights or remedies with respect to such breach or any other breach. Appendix H CT# 5006 City of Seward 15 I P a g e 40 VII. CONTRACT APPENDICES FOR SPECIFIC SERVICES This document along with additional Contract Appendix(ices) between DMV and the Contract Agent grants the Contract Agent authority to provide specific DMV services. No other terms or conditions are a part of this Contract except for those described in the Appendices. This Contract and its Appendices shall not be modified except by a subsequent Contract Amendment made in writing through OPPM, duly signed by the authorized representative of both parties. IN WITNESS WHEREOF, the parties have executed this This Contract as follows. Dated this day of , 20 Dated this day of , 20 City of Seward State of Alaska, Department Administration, Division of Motor Vehicles Signature: Signature: Printed Name: Printed Name: Title: Title: Email address: Email address: Appendix H CT# 5006 City of Seward 16 I P a g e 41 Ir Attachment One DMV System Requirements Computers • Minimum Requirements: o Processor: Intel(R) Core(TM) i5 o Memory: 16GB o USB: 6 USB 2.0 Ports o OS: Windows 7 o Security: Any antivirus/antimalware solution with a software firewall • Recommendations: o Video card capable of running two monitors o Processor: Intel(R) Core(TM) i7 o Memory: 16GB o USB: 8 USB 3.0 Ports o OS: Windows 10 64bit • Additional Requirements: o Microsoft dotNet 4.5.2 minimum, but 4.7.3 recommended o All Microsoft dotNET and security patches will need to be maintained in a timely manner Peripherals Desktop Scanner Specs: • Recommendation: o Canon DR-C240 • Minimum Requirements: o USB 2.0/3.0 compatible o Capable of creating PDF, TIFF, JPEG files o Model compatible with Windows 7 and Windows 10 64bit Signature Pad Specs: (To be purchased through DMV) • Recommendation: o Wacom — STU-530 (new model) Barcode Reader Specs: • Recommendation: o M4 2D Scanner • Minimum Requirements: o USB 2.0/3.0 compatible o Model compatible with Windows 7 and Windows 10 64bit o Capable of reading 2D Images Page I of 2 October 2022 42 Attachment One DMV System Requirements Printer Specs: • Recommendation: o HP LaserJet 600 o HP LaserJet P3015N o Drivers and Model Windows 10 64bit compatible • Minimum Requirements: o USB 2.0/3.0 compatible o Drivers and Model compatible with Windows 7 64bit Vision Machine (ID/DL Only): • Recommendation: o Optec 1000 • Minimum Requirements: o Ability to determine if someone has 20/40 vision END OF PAGE Page 2 of 2 October 2022 43 APPENDIX A GENERAL CONDITIONS 1. Inspections and Reports: The department may inspect, in the manner and at reasonable times it considers appropriate, all of the contractor's facilities and activities under this contract. The contractor shall make progress and other reports in the manner and at the times the department reasonably requires. 2. Suitable Materials, Etc.: Unless otherwise specified, all materials, supplies or equipment offered by the contractor shall be new, unused, and of the latest edition, version, model, or crop and of recent manufacture. 3. Disputes: If the contractor has a claim arising in connection with the contract that it cannot resolve with the State by mutual agreement, it shall pursue the claim, if at all, in accordance with the provisions of AS 36.30.620-AS 36.30.632 4. Default: In case of default by the contractor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and hold the contractor responsible for any resulting excess cost and may seek other remedies under law or equity. 5. No Assignment or Delegation: The contractor may not assign or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the written consent of the Procurement Officer. 6. No Additional Work or Material: No claim for additional supplies or services, not specifically provided in this contract, performed, or furnished by the contractor, will be allowed, nor may the contractor do any work or furnish any material not covered by the contract unless the work or material is ordered in writing by the Procurement Officer. 7. Independent Contractor: The contractor and any agents and employees of the contractor act in an independent capacity and are not officers or employees or agents of the State in the performance of this contract. S. Payment of Taxes: As a condition of performance of this contract, the contractor shall pay all federal, State, and local taxes incurred by the contractor and shall require their payment by any subcontractor or any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by the State under this contract. 9. Compliance: In the performance of this contract, the contractor must comply with all applicable federal, state, and borough regulations, codes, and laws, and be liable for all required insurance, licenses, permits and bonds. 10. Conflicting Provisions: Unless specifically amended and approved by the Department of Law, the terms of this contract supersede any provisions the contractor may seek to add. The contractor may not add additional or different terms to this contract; AS 45.02.207(b)(l). The contractor specifically acknowledges and agrees that, among other things, provisions in any documents it sees to append hereto that purport to (1) waive the State of Alaska's sovereign immunity, (2) impose indemnification obligations on the State of Alaska, or (3) seek to limit liability of the contractor for acts of contractor negligence, are expressly superseded by this contract and are void. 11. Officials Not to Benefit: Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. 12. Contract Prices: Contract prices for commodities must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transportation cost to the FOB point so that upon transfer of title the commodity can be utilized without further cost. Prices for services must be in U.S. funds and include applicable federal duty, brokerage fee, packaging, and transportation cost so that the services can be provided without further cost. 13. Contract Funding: Contractors are advised that funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations for succeeding purchases and/or additional terms of the contract are subject to the availability and appropriation of funds. 14. Force Majeure: The parties to this contract are not liable for the consequences of any failure to perform, or default in performing, any of their obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this Agreement, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the 44 I i furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority,_ allocation or other regulations of any governmental authorities. 15. Contract Extension: Unless otherwise provided, the State and the contractor agree: (1) that any holding over of the contract excluding any exercised renewal options, will be considered as a month -to -month extension, and all other terms and conditions shall remain in full force and effect, and (2) to provide written notice to the other party of the intent to cancel such month -to -month extension at least thirty (30) days before the desired date of cancellation. 16. Severability: If any provision of the contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid. 17. Continuing Obligation of Contractor: Notwithstanding the expiration date of this contract, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired. 18. Termination. a. The Procurement Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the State. In the absence of breach of contract by the contractor, the State is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of termination. b. The Procurement Officer may also, by written notice, terminate this contract under Administrative Order 352 if the contractor supports or participates in a boycott of the State of Israel. 19. Governing Law; Forum Selection This contract is governed by the laws of the State of Alaska. To the extent not otherwise governed by Article 3 of this Appendix, any claim concerning this contract shall be brought only in the Superior Court of the State of Alaska and not elsewhere. 45 STANDARD CONTRACT FORM Goods and Non -Professional Services The parties' contract comprises this Standard Agreement Form, as well as its referenced Articles and their associated Appendices 1. Agency Contract Number 5006 2. Contract Title DMV Commission Agent 3. Agency Fund Code N/A 4. Agency Appropriation Code N/A 5. Vendor Number N/A 6. IRIS GAE Number (if used) N/A 7. Alaska Business License Number Exempt This contract is between the State of Alaska, 8. Department of Administration Division of Motor Vehicles hereafter the State, and 9. Contractor City of Seward Contact: Regina Huett Email: rhuettna.cityofseward.net anickellecityofseward.net hereafter the contractor , Mailing Address / Street or P.O. Box City State ZIP P.O. Box 167 Seward AK 99664 10. ARTICLE 1. Appendices: Appendices referred to in this contract and attached to ARTICLE 2. Performance of Contract: 2.1 Appendix A (General Provisions), Articles 1 through 19, govern contract 2.3 Attachment - Appendix B Title and Registration 2.4 Attachment - Appendix C Drivers License and Identification Card and Attachment 2.6 Attachment - Appendix E Non -Commercial Third -Party Tester 2.7 Attachment - Appendix F Commercial Third -Party Tester for Government 2.9 Attachment - Appendix H DMV Commission Agent and Attachment One ARTICLE 3. Period of Performance: The period of performance for this contract one-year renewal options available to be exercised solely at the discretion NOTICE: This Contract has no effect until signed by the head of This Contract will be in effect when all required Appendix H and it are considered part of it. performance. One Rental Agreement Agencies DMV System Requirement and Rental Agreement begins July 1.2024 and ends December 31.2025 with three of the State. contracting agency or designee. Appendix F documents have been received in their entirety. 11. CONTRACTOR Name of Firm City of Seward Signature of Authorized Representative Typed or Printed Name of Authorized Representative Date 12. • DIVISION 13. CONTRACTING AGENCY Department/Division Administration/Motor Vehides Department/Division Administration/OPPM Signature of Project Director l Signature of Head of Contracting Agency or Designee Typed or Printed Name of Project Director Mantes Montano Typed or Printed Name Date Date SCF.DOC 46 !1.\i%C7G� Ataska Public Risk Alliance 2233 Jordan Avenue Juneau, AK 99801 (907) 523-9400 INSURANCE IDENTIFICATION CARD For policy period of 7/1/2025 - 7/1/2026 Insurer: Member: Policy Number: Year Alaska Public Risk Alliance Seward, City of APRA-MOC-034C-2526 Make/Model YIN # 2009 Ford Econoline 69028 License #: Coverage Liability w/ Physical Damage Vehicle ID #: 217 THIS CARD MUST BE KEPT IN EACH INSURED VEHICLE AND PRESENTED UPON DEMAND COVERAGE MEETS MINIMUM LIABILITY INSURANCE PRESCRIBED BY LAW APRA Phone: 907-523-9400 Broker Phone: - Obtain the following information after an accident: 1. Name and address of each driver, passenger, and witness. 2. License plate number or other vehicle identification for each vehicle involved. 3. Name of insurance company and policy number for each vehicle involved. WHAT TO DO IN THE EVENT OF AN AUTO ACCIDENT First Steps 1. Move to a safe place 2. If someone is injured, call for medical help right away 3. CaII police and follow their instructions While at the Scene 1. Record as much information as possible about the accident 2. Take pictures 3. Cooperate with police throughout the investigation Important Note 1. Do not admit fault or liability 2. Do not discuss events of the accident with the other party 3. Do not make statements about who will pay for damages After gathering the details of the accident, please contact APRA as soon as you're able at (907) 523-9400 47 Cert-2526-034C-22 City of Seward - 034C Page 2 WORKERS' COMPENSATION DEDUCTIBLE LIMITS Alaska State Act Employer's Liability Jones Act and USL&H Coverage (incidental) $0 $0 $0 Statutory Limit $3,000,000 $3,000,000 SPECIALTY COVERAGES DEDUCTIBLE PER OCCURRENCE LIMITS Policy #: ISPILLSDALCB001 Policy #: B128410563R25 Policy #: 5N510150001 Policy #: 01-541-54-98 Pollution Coverage (Ironshore Specialty Ins. Co) Cyber Coverage (Obsidian Insurance Company) Terrorism Coverage (Liberty Surplus Insurance Corp.) Public Entity Crime Coverage (National Union Fire Insurance Company of Pittsburgh, PA) $250,000 $75,000 $25,000 $25,000 $2,000,000 $2,000,000 $25,000,000 $1,000,000 Should any of the above -described coverages be canceled before the expiration date above, notice will be delivered in accordance with the terms in the APRA Memorandum of Coverage. This certificate is issued for information only and gives no rights to the certificate holder. This certificate does not amend, extend, or alter the coverage provided by the APRA Memorandum of Coverage. Jeff Good ad Executive Director, APRA t.i 48 ►uiilwil iilii1 • • • • (►��i'i Alaska Public Risk Alliance Certificate of Coverage - Casualty MEMBER CERTIFICATE HOLDER City of Seward State of Alaska, Department of Motor Vehicles PO Box 167 Seward, AK 99664 POLICY #: APRA-MOC-034C-2526 POLICY PERIOD: 7/1/2025 - 6/30/2026 4001 Ingra Street, Suite 101 Anchorage, AK 99503 CERTIFICATE ISSUE DATE: 9/19/2025 CERTIFICATE NUMBER: Cert-2526-034C-22 Re: City of Seward - Evidence of Coverage: DMV Office in Seward is a commissioned agent through the State of Alaska City of Seward is a member of the Alaska Public Risk Alliance (APRA), a Joint Insurance Arrangement organized under AS 21.76, and participates in the self -insured and loss -pooling programs desribed below. LIABILITY DEDUCTIBLE LIMITS Comprehensive General Liability Coverage Public Officials' and Educators' E&0 Employee Benefit Liability Liquor Liability Coverage Law Enforcement Liability Coverage Volunteer Medical Sublimit for Sexual Abuse and Molestation $10,000 $10,000 $10,000 $10,000 so $10,000 $15,500,000 $15,500,000 $15,500,000 No Coverage $6,000,000 $50,000 $1,000,000 per Victim $5,000,000 per Perperator VEHICLE DEDUCTIBLE LIMITS Combined Single Limit Vehicle Liability Uninsured/Underinsured Motorist Non -Owned Vehicle Liability Non -Owned Vehicle Physical Damage $0 $0 BI $1,000 PD $0 $1,000 $15,500,000 $1,000,000 BI $25,000 PD $15,500,000 $75,000 49 RESOLUTION 2026-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2026 TO JANUARY 2027 Documents: • Agenda Statement • Resolution 2026-015 • Attachments - None 50 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Planning and Zoning Commission Subject: Resolution 2026-015: Approving the Planning and Zoning Commission Priorities for January 2026 to January 2027 Background and justification: Under the direction of the City Council, the Planning and Zoning Commission annually establishes a set of priorities to guide its work for the upcoming year. These priorities help ensure that the Commission's efforts remain aligned with the City Council's policy objectives, long-range planning goals, and the community's evolving needs. During a work session held on December 16, 2025, the Planning and Zoning Commission reviewed current planning initiatives, discussed anticipated development trends, and evaluated ongoing and emerging planning issues. Based on that discussion, the Commission identified key focus areas intended to guide its activities throughout calendar year 2026. The attached Resolution reflects the Commission's recommended priorities and is intended to provide clear direction for agenda -setting, allocation of staff resources, and coordination with City Council initiatives. Formal adoption of the Planning and Zoning Commission's annual priorities promotes transparency, accountability, and consistency in the City's planning process. Approval by the City Council ensures that the Commission's work supports broader municipal goals, including orderly growth, regulatory updates, and implementation of adopted plans and policies. Establishing priorities at the beginning of the year also allows staff and the Commission to proactively manage workloads, focus on high -impact planning efforts, and respond more effectively to development and policy issues as they arise. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.8 • "Continue to review and update the city code." The priorities of the Commission are based on the goals and objectives established in the Comprehensive Plan. Strategic Plan: N/A Other: 51 Total amount of funds listed in this legislation: 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 Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Administration Recommendation Adopt Resolution Other: 52 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2026-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2026 TO JANUARY 2027 WHEREAS, the Seward City Code §2.30.225(B) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS, the City Council provides overall policy direction for planning activities within the City and relies on the Planning and Zoning Commission to carry out planning -related duties consistent with adopted goals and policies; and WHEREAS, the Planning and Zoning Commission annually establishes a set of priorities to guide its work program and focus its efforts on key planning issues for the upcoming year; and WHEREAS, establishing annual priorities helps ensure that the Commission's activities remain aligned with the City Council's policy objectives, long-range plans, and the evolving needs of the community; and WHEREAS, on December 16, 2025, the Planning and Zoning Commission held a work session to review current planning initiatives, anticipated development trends, and ongoing and emerging planning issues; and WHEREAS, based on that discussion, the Planning and Zoning Commission identified priority topics to guide its agenda -setting, coordination with City staff, and use of resources during the 2026 calendar year; and WHEREAS, the recommended 2026 Planning and Zoning Commission priorities are intended to promote transparency, accountability, and consistency in the City's planning process; and WHEREAS, on January 6, 2026, the Planning and Zoning Commission approved Resolution No. 2026-001 recommending City Council approval of the proposed priorities; and WHEREAS, formal approval of the Planning and Zoning Commission's priorities by the City Council ensures coordination between the Commission's work program and broader municipal goals, including orderly growth, regulatory updates, and implementation of adopted plans and policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: 53 CITY OF SEWARD, ALASKA RESOLUTION 2026-015 Section 1. The Council hereby approves the following list of priorities for the Planning and Zoning Commission from January 2026 to January 2027: SHORT TERM (2026) SPECIFIC PRIORITIES • Through the powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing, including recommending changes to the Muni Land Plan and Title 15. o Evaluate and update zoning regulations to support the development of missing middle housing types to diversify the housing stock and improve affordability. o Review lot size requirements for duplex and multi -family units • Comprehensive Plan Update: Continue to promote public engagement in the Comprehensive Plan update process and provide assistance as requested. • Make parking code update recommendation to City Council. • Continue joint discussions with the City Council regarding potential revisions to regulations for marijuana establishments and, at their direction, submit recommended land use code amendments • Assess where Title 15 can appropriately shift certain development types from discretionary review to by -right approval to improve predictability, reduce processing times, and focus Commission attention on higher -impact decisions. o Review current Conditional Use Permits in the Land Uses Allowed table to determine necessity o Review the CUP application process • Evaluate contemporary approaches to zoning and development regulation to determine whether alternative models could better advance community goals. • Evaluate zoning and development standards to ensure they support the needs of older residents, promote aging in place, and create safe, accessible, and inclusive neighborhoods for the community's senior population. o Review mobile medical unit definition and zoning allowances • Evaluate and update zoning regulations to ensure the city can accommodate temporary housing needs for seasonal or project -based employees, while maintaining community compatibility and safety. • Review and Update Rezone Application Procedures and Requirements 54 CITY OF SEWARD, ALASKA RESOLUTION 2026-015 • Review and update subdivision regulations to ensure public improvement standards —such as streets, sidewalks, utilities, drainage, and landscaping —are clear, consistent, and achievable for developers, while meeting the city's long-term infrastructure goals. ONGOING PRIORITIES • Review and make recommendations to update Title 15 and Title 16 as needed. • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. • Review the Seward Marine Industrial Center (SMIC) development plan with the Harbor Master and Port and Commerce Advisory Board. Collaborate on how to integrate updated maps from the MLIMP and a future zoning overlay into the plan. • Work with the Seward Bear Creek Flood Service Area Board on any projects or plans that pertain to flooding issues within the City of Seward. • Review and update the Planning and Zoning Rules of Procedures document as needed. • Planning & Zoning Commissioner education and training (Conduct mini training sessions during work sessions throughout the year Attend any trainings provided by the Alaska Chapter of the American Planning Association) Section 2. This resolution shall take effect immediately upon adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 26TH DAY OF JANUARY 2026. AYES: NOES: ABSENT: ABSTAIN: Sue McClure, Mayor 55 Meeting Date: From: Agenda Item: AGENDA STATEMENT January 26, 2026 Jodi Kurtz, Deputy City Clerk No protest of License Renewal Application from Alcohol & Marijuana Control Office (AMCO) BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to protest to the License Renewal Application for Restaurant or Eating Place, located at 1101 Third Ave Seward, AK 99664, for the following business: Business: Firebrand BBQ Licensee: 5872 Type: Restaurant or Eating Place License: 5872 The City of Seward Police Department, Fire Department, Finance Department, Utilities Offices, and City Clerk's Office have reviewed the state's application for the License Renewal Application for this business to determine if there was a reason to protest. From these reviews, there was found: No protest. The reason to protest: None FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above License Renewal Application, then under Alaska Statutes AS 04.11.480(a), the City of Seward will be required to assist in or undertake the defense of its protest. RECOMMENDATION: No protest of License Renewal Application for Firebrand BBQ #5872, Restaurant or Eating Place. 56 Date: MEMORANDUM December 31, 2025 To: Utilities Staff James Schaefermeyer Chief Louis Tiner Chief Clinton Crites Kris Peck From: Jodi Kurtz RE: Electric / Water Utilities Finance/Leases Police Department Fire Department City Clerk Deputy City Clerk Reviewing compliance for the License Renewal Application of a liquor/marijuana license for Restaurant or Eating Place The following business has applied for a liquor/marijuana license with the State of Alaska. Please review for compliance with your department and notate the status as "no protest" or "reason to protest". If there is a reason to protest, include the explanation since this will need to be included for council's review and in the letter to the State Alcohol & Marijuana Control Office. Thank you. Licensee: Doing Business As: Type of License: License Number: Physical Address: 5872 Firebrand BBQ Restaurant or Eating Place 5872 1101 Third Ave Seward, AK 99664 Department Status Reviewed By Date Utilities -Water No Protest James Schaefermeyer December 31, 2025 Utilities -Electric No Protest Utility Electric Staff December 31, 2025 Finance/Leases No Protest James Schaefermeyer December 31, 2025 Police No Protest Chief Louis Tiner January 2, 2026 Fire F.I.June 15, 2025,No Protest Fire Chief Clinton Crites January 6, 2026 City Clerk No Protest Kris Peck January 19, 2026 Reason to protest this application, if any: None Deadline for protest: February 27, 2026 (60 days from AMCO letter date) Last Regular council meeting for review: February 23, 2026 57 GOVERNOR MIKE DUNLEAVY December 29, 2025 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.gov; amco.localgovernmentonly@alaska.gov; Licensee: Firebrand LLC DBA: Firebrand BBQ VIA email: shiggins0511@gmail.com Local Government 1: Seward Local Government 2: Kenai Peninsula Borough Via Email: kpeck@cityofseward.net; clerk@cityofseward.net; jkurtz@cityofseward.net; micheleturner@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; hmills@kpb.us Re: Restaurant Eating Place License #5872 Combined Renewal Notice for 2026-2027 Renewal Cycle License Number: #5872 License Type: Restaurant Eating Place License Licensee: Firebrand LLC Doing Business As: Firebrand BBQ Physical Address: 1101 3rd Avenue Seward, AK 99664 Designated Licensee: Stephanie Higgins Phone Number: (806) 640-4519 Email Address: shiggins0511@gmail.com r License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and the required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(s), your community council if your proposed premises are in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(s) will have 60 days to protest the renewal of your license. 58 Your application will be scheduled for the February 3rd, 2026 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Information about this board meeting can be found on our website closer to the date of the board meeting. Home, Alcohol & Marijuana Control Office Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above -listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Reece Parks, Licensing Examiner II For Kevin Richard, Director 59 KENAI PENINSULA Borough Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 I (P) 907-714-2160 I (F) 907-714-2388 I www.kpb.us Wednesday, December 31, 2025 Sent via email: clerk@cityofseward.net Kris Peck, City Clerk City of Seward RE: Non -Objection of Application Licensee/Applicant Firebrand, LLC Business Name : Firebrand BBQ License Type : Restaurant/Eating Places - Public Convenience License Location : 1101 3rd Avenue, Seward, AK 99664, City of Seward License No. : 5872 Application Type License Renewal Dear Mr. Peck, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. (aA. Michele Turner, CMC Borough Clerk cc: shiggins0511 @gmail.com; mailto:amco.localgovernmentonly@alaska.gov 60 City Manager Report Administration Last week, I spent a full day touring Seward and the Seward Marine Industrial Center (SMIC) with Senator Dan Sullivan. The visit included productive conversations regarding the future of the Coast Guard's presence in Seward, the potential for a home port for an icebreaker, and opportunities related to the federal Rural Health Transformation Fund. While at SMIC, we toured the facility and highlighted the significant work being done by JAG and partners operating within the industrial center. The Coast Guard captain accompanying the tour provided an updated timeline for the Fast Response Cutter (FRC) project, which is now fully funded. The Request for Proposals is anticipated to be completed in February, with contract award expected in May and construction projected to be completed by July 2029. Overall, the visit was an encouraging opportunity to showcase Seward's strategic maritime infrastructure and discuss long-term federal investments in the community. We're also continuing to work closely with our consultant to conduct public engagement related to the future of the electric utility. We're continuing through our focus groups, survey results, and are now working on an economic impact analysis to clearly outline the cost breakdown associated with each available option. All of this information will, most likely, inform a second round of community surveying and will all be compiled into a presentation to council. It's exciting work, to hear first hand from the community, and continuing in tandem with our day to day electric operations. On the grant front - we were originally going to apply fora DOT BUILD grant for the North Harbor Industrial Area paving project. There was another NOFO released for a MARAD PIDP grant that is a much better fit (significantly higher success probability) for the project and so we are pivoting to that grant. The deadline for submission is February 24th, and we are getting some outside assistance for that application. Deputy City Manager Bickling will not be in attendance at the January 26th meeting (personal leave) or the February 9th meeting (in Anchorage for RTO testimony work with the attorneys). We are looking at scheduling the DRP Work Session in March to review applications with council. 61 Seward Harbor/SMIC No major incidents have been reported within the Harbor/SMIC area. New Year, New You. This is a great time and opportunity to dip your toe into one of the many Boards and Commissions within the City of Seward. PACAB currently has two vacancies. We would like to remind our users to do a system check on their vessels, check on their vessels regularly and/or have a local boat watch in place. Status on leases/Permits - AT&T lease renewal —first draft is still under their review, Jag lease extension — met with Mr. Jagielski mid -December to catch up and discuss ideas and plans for the area. Lease draft is under their review and look forward to seeing that move forward. One other new lease within SMIC area is being discussed and they are navigating the permitting/paperwork needed to move forward. Working with attorney on a new waterfront permit/lease and will send to lessee for their review. We saw two 50-ton lift and one 300-ton lifts for the month of December. The Harbor Crew has been occupying their time with snow removal, organizing supplies, cleaning, Polar Bear Jump preparation and any other inside job while we experience single digit temps. Despite a vessel trying to sink on Saturday morning, the Polar Bear Jump was a success. The team the Flying Hawaiians - made up of Luke Moore, Rick Broughton, Courtney Moore and Ashlee Hibbetts raised $16,000. Total! And a big shout out to Rick who raised $12,000 of the total. The front office staff finished up renewal and working through extensions now. Human Resources Implementation of NeoGov Onboarding, the online platform that will allow the new hires to complete their paperwork online, will continue in February. Implementation was paused for several months while HR completed some necessary background work. Aside from the convenience of completing paperwork digitally, the Onboarding splash page is customizable, and will contain helpful links and videos for new employees. Onboarding is part of a suite of software packages from NeoGov, the platform used for applicants to apply online. Using these systems is part of a larger initiative to modernize and streamline our hiring practices. 62 Electric Department Engineering has officially kicked off for the Spring Creek Substation Rebuild, marking an important step forward in improving the long-term reliability and capacity of the City's electric system. Design work is now underway, and staff will continue coordinating closely with the engineering team as the project advances toward construction. All Electric Department employees recently attended a two-day training session on the Uniform System of Accounts (USoA). This training included detailed instruction on work order creation and closing procedures and is a key milestone in the department's transition to standardized utility accounting practices. This effort will improve financial transparency, project tracking, and regulatory compliance moving forward. Work on the Marathon Hydroelectric Project rebuild continues to progress. The intake manifold is currently being rebuilt by JAG, which is a critical component of returning the facility to service. To date, approximately $52,000 has been spent out of the $400,000 budgeted for this project, keeping expenditures well within planned limits. In addition, RESPEC Engineering is preparing a proposal to provide engineering and project management services for larger hydroelectric projects in the surrounding area. This work will support the City's ongoing efforts to explore and advance additional renewable energy opportunities that can benefit the community over the long term. Alaska has been hit hard by strong winds over the past few days, with gusts reaching up to 85 mph in parts of the Anchorage Hillside and Eagle River higher elevations, and even higher in some spots like the Panhandle earlier in the week (per National Weather Service reports and local forecasts as of mid -January 2026). These conditions brought risks of debris movement, property damage, and potential power disruptions across Southcentral. Thanks to the proactive vegetation management efforts by AK Tree Service, no trees fell into our lines during this event —preventing what could have been widespread outages. A big shout -out also goes to our dedicated operations crew for quickly stepping up to repair the office door after high winds snapped the mounting bracket; your quick response and teamwork kept things running smoothly despite the storm. Great job staying safe and keeping the lights on for our members! Stay warm and vigilant out there. 63 Community Development Community Development Planning and Zoning Commission The Commission held a regular meeting on Tuesday, January 6th to vote on the following resolutions. Both resolutions passed. Resolution 2025-033 of the Planning and Zoning Commission of the City of Seward Alaska, recommending City Council amend Seward City Code §15.10.215 Parking Resolution 2026-001 of the Nanning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Planning and Zoning Commission Priorities for January 2026 to January 2027 The Commission held a work session on Tuesday, January 20th to discuss the following: Adding mobile health unit to Title 15. Jilian Chapman, CEO of the Seward Community Health Center, joined for this conversation to highlight the need for this land use and how the SCHC would utilize their mobile health unit to benefit the community. Cannabis land use — In preparation for the upcoming joint work session with City Council, the Commission reviewed their draft ordinance relating to cannabis regulations in Title 15. Training — Staff put together and reviewed a procedural cheat sheet to help Commissioners navigate meeting motions and procedures efficiently and consistently. Comprehensive Plan: Staff has completed each of its interviews with City Departments and has connected with the Seward Historical Preservation Commission, Qutekcak Native Tribe, and HYPER over the past two weeks. A reminder that the Developer Reimbursement Program application can be found on the Community Developmentwebsite: Application Forms I Seward, AK Attached separately is the GIS report for the last quarter of 2025. 64 Finance Department As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 has been approved by the City Manager since the last council meeting: Department Date Vendor Description Amount ELECTRIC ADMIN 1/12/2026 WRITTEN IN RED CORP Clearances, SMtching, Tagging &LOP], OSHA .1910.269 Refresher, Test Instruments &Troubleshooting and Transformers 12,731.00 HARBOR FLOATS 12/13/2025 REPUBLIC SERVICES INC Vendor Used to Pump out and dispose of 1,200 Gallons of Glycol /Anti -Freeze from Smic Storage Tank Plus 10% 13,007.79 CITY MANAGER 1/15/2026 SOLSTICEALASKA Grant Writer Services to pursue funding to improve roads and pedestrian facilities in the Harbor area, 23,596.00 Public Works Wow! That was a lot of rain! The Seward community rainfall was over 3 inches in less than 2 days! The Public Works Street Department was still plowing and hauling snow from the day before. We then switched to thawing and opening frozen storm drains and culverts. Rainwater filled low areas faster than the open storm drains could handle. Crews worked from 4am to 9pm to try to get water drained from streets across the city. Unfortunately, during the heavy rain, a water main broke along Diamond Blvd at the Army Rec Camp. A low water alarm alert around 4:00am triggered the water department to search town for the cause and then find shutoff valves that are frozen under gravel and ice. They successfully found the correct valves and shut the flow down around the leak area. A few residents were without water for a day and a half while repairs were being completed. Thankfully, near the end of the dig, the rain stopped and the sun finally came out. Police Department Patrol Written Reports: 16 Criminal Charges: 5 Minor Offense Citations: 30 Motor Vehicle Accidents: 1 Dispatch Event/Incident/Service Calls: 203 911 Calls: 19 General Information January 9th, National Law Enforcement Appreciation Day. 65 Officers escort Polar Bear Plunge Parade 1/17/2026. Dispatch is fully staffed with the newest hired Dispatcher, J. Smith, scheduled to start Jan. 2026. We are glad to have her and welcome her to the Department staff. DMV Closed 1/16/2026, Limited service 1/22-2/2/2026 Fire Department Emergency Responses for the Year 2026: 16 Building permits YTD: 2 with a valuation of $163,000 Our Fire Investigators are working with Seward PD on an Arson case that occurred on Benson Drive, Friday January 9th around 7pm. If anyone has any information related to this case, please call Deputy Chief McCoy at 907-224-3445. We are hosting an ETT-Emergency Trauma Technician Class starting tonight the 26t" We had another successful safe Polar Plunge and our crew stood by as safety during another cold but fun event. Our Fire Marshal at the National Fire Academy taking further fire investigation classes along with taking a hybrid EMT1 class. We have 2 members taking an Advanced EMT hybrid class and multiple members in a Fire Instructor 2 hybrid class. We are hosting a Fire Officer 1 class in February, a live fire instructor class in March and some of our members will be attending an online Paramedic refresher class the week of February 9t" Library & Museum Digital Literacy Workshops (Wed 1:30-3:30 PM @ Senior Center): Jan 28 — iPhone Basics Get comfortable using your iPhone or iPad! Learn how to navigate settings, manage apps, adjust accessibility features, and make the most of your device's built-in tools. Feb 4- iPhone Basics Get comfortable using your iPhone or iPad! Learn how to navigate settings, manage apps, adjust accessibility features, and make the most of your device's built-in tools. 66 Feb 11- Internet Basics Learn about web browsers and search engines, build skills to navigate the Internet, and discover tips and tricks for basic and advanced searching online. Feb 18 — Intro to Telehealth & MyChart Explore how to access healthcare online! We'll cover how to set up a TeleHealth appointment, use common platforms, and ensure your device is ready fora virtual visit. Feb 25- Facebook Basics Learn how to create a Facebook account, connect with friends and family, post updates, and adjust privacy settings. Perfect for beginners who want to feel confident using social media safely. Library Lego Lounge (Mondays 3pm-4pm) Drop in and get creative at the Library LEGO Lounge! This self -guided free play session is all about imagination and building fun. We'll provide the LEGO bricks —you bring the ideas! Build solo, collaborate with friends, or challenge yourself to recreate your favorite things in brick form. All ages welcome. Be Internet Awesome (Thursday, January 29, 4pm-5pm) Join us for Be Internet Awesome, a fun and interactive program presented in collaboration with Highlights and Google. Children and families will learn how to be smart, alert, strong, kind, and brave online. This all -ages program helps kids and families learn how to be safe, confident, and responsible online through games, activities, and discussion. Participants will explore topics like digital safety, kindness, privacy, and smart decision -making in an engaging, age -appropriate way. A great opportunity to build digital citizenship skills together. Continued Ongoing Events Lego Lounge I Mondays' 3-4pm Tech Tutoring I Tuesdays 1 2-4pm Play and Chat' Tuesdays and Thursdays' 10:30-11:45 Storytime I Fridays 1 12:30pm 67 Parks and Recreation Sports & Recreation: Kids in the Kitchen In the past two weeks, Claire has been leading the "Kids in the Kitchen" program. As a professional baker, Claire has been able to inspire excitement and creativity in the kiddos as they've made home made cupcakes from scratch and cheesy biscuits from scratch! Puzzle Battle: Who won?: "Puzzling is our Porpoise" managed to secure the January Puzzle Battle this month. This was an especially exciting Puzzle Battle because this is the first time in at least a year that "Otterly Puzzled" has not secured the win. Good Job "Puzzling is our Porpoise"! Looks like there's gonna be a new rivalry to look forward to. Tangled Lines Improv: "The Tangled Lines Improv" continues! Thanks to the Tangled Lines Improve Troup, the AVTEC gym is staying silly! Each week a brave group of Sewardites show up and workshops their quick -thinking improvisational skills! This program runs all the way through January, so there's still time to sign up! Old West Skate Night: Was held Sat, Jan 10th the far north turned into the southwest during our "Old West Skate Night". Cowboys and Cowgirls showed up from all over town to make sure there were no outlaws causing any trouble. Women's Weightlifting: Women's Weightlifting workshop has been one of our most popular programs this season. While all the courses are booked up for the month of January, there is still time to sign up for the spring courses! Kids Night: Last week we hosted our first Kids Night of the 2026! As always, the night went smooth and the kiddos had fun. We had around 20 kids at this event, and we are looking forward to our Valentines Kids Night! Kids Archery: Month two of Kids Archery is underway and we are starting to prepare for our February course. Pickleball Tournament: The week of Jan 5th, we hosted a two-day pickleball tournament that brought out some of the most talented Picklers in Seward. After two days of battling it 68 out, the results are in! Of the six teams that competed, the winner of the Winter 2026 Doubles Pickleball Tournament is The Seaveys! January Step Off Challenge: The January Step Off Challenge is underway and Seward is moving. Last we calculated, we as a town have walked/run more than 200 miles so far! Keep it up Seward! Teen Rec Room: The First two weeks of January, the Teen Rec Room has seen 70 visits and about 100 hours of active use averaging about 7 kids a day. These numbers are relatively consistent with what we have seen over the past couple of months. This week we saw 2026's first official meeting of the Teen Council where we began to focus on the future of the Teen Council. While the teens are reflecting on the past few months, we are looking forward to a more refined organizational structure for the upcoming year. Unfortunately, we had to cancel the Teen Room outing to the Alutiiq Pride facility on Jan 15th due to unforeseen circumstances. However, we are already working to find an appropriate date to reschedule. Keep your eyes peeled at the next couple of skate nights for the Teens artwork! The Teens are helping us design decorations for the upcoming Space Skate, 1960s Skate, and Dinosaur Skate Night! Campgrounds: • Online reservations are now open • Snow removal compliance • Working on Shower house improvements — replacement Urinal, toilets a tankless on -demand heater. Park Maintenance: • Indoor Projects — Refurbishing picnic tables / signs / garbage cans / benches • Fashioning Dog Park Equipment • Outfitting vehicles with safety and tool kits • Snow removal and sanding 69 Admin: • Working on the SPRD Master Plan/Survey/upcoming Town Hall • Mapping out a Dog Park location in the Forest Acres Campground • Held SPRD staff in-service and emergency shelter training for all staff Wed, Jan 21 • Employee Sports and Rec Manager and Recreation Specialist attended an Event Management School. They brought back a lot of great information and resources to enhance programming within the Community! Parking: • Working on operating plan for Summer staff • Planning on full time staffing the Parking shack this summer alleviate foot traffic and questions directed to the Harbor office and City Hall • Parking and Permit fee increase for the 2026 season • Updating software for the Parking pay stations 70 GIS Report Soto GIS Consulting Inc. Introduction October- December 2025 This report summarizes GIS projects completed by Soto GIS Consulting Inc. from October through December 2025. Major efforts included launching the Public Map Viewer, developing a short-term rental layer, and updating several existing datasets. Completed Tasks - Larger Projects 1. The Public Map Viewer was finalized and released in mid -October: https://experience.arcgis.com/experience/6792b404458e42deb30255e760696cd6 W MAP VIEWER Feature Information 3E93 PM 16919E. Owner UNNERSITVOF ALASKA Attention STATEWIDE OFFICE OF LAND MANAGEMENT MAL, Ads 13350AGAW s1 STE. 490 Ma�lng Ciry ANCHORAGE Mailing Stew AK Mailing dip 99508 Mailing Country Acreage AEA Legal Description T 15 R 1 W SEC 10 SEWARD MERIDIAN SW 00AI O0EANVIEW SUB ADDN No 1 BLit 5'A Plat LAA View Lewd Valve 1.393,700 Impn.e...110ee 132,A00 Asxtsed Helm 2531,300 ere .udn:e,..swca Figure 1. Screenshot of Public Map Viewer's interface. ■ IA1tiee Six survey responses were received. Setbacks and elevations (LiDAR) were the most requested layers to add to the map viewer. These items have been added to the project queue, and work has begun on a parcel fabric to support a future setbacks layer (see Current Tasks #2). For those having issues with layer transparency, please use the Map Layers tab in the Map Viewer. To the right of each layer, there are three horizontal dots ( ) Click the three dots, and then select Transparency. Users can adjust the layer's transparency for any layer on the map viewer. Also, to ensure a layer is visible on the map, make sure the box left of the layer is marked in blue with a white check mark (i.e. 12 Zoning )• 71 October- December 2025 2. In November, a short-term rental (STR) layer was created for approved permits from 2022 - 2025. An STR dashboard was also created for Community Development staff to review nonconforming STRs, annual totals of STRs, and STRs by zoning and property type (single-family dwelling versus duplexes, triplexes, etc.). Data verification is still in progress, but the current figures are fairly accurate. Short Term Rentals Dashboard r. SPis by ten, 1STRs by ReperyType &tenmg sinqle pmMa> 11=111STR Info Ouery STRs E > Parmb n een 3025 Tpi IE a Naner Rwm%Yaw- 3035 ABL620 final Room RIMY*. zbzs ARL-0i2 Sx Gongs inn Pemit Yuan 3025 ARLbib Sea 5.r Gnu,. CbdsnnaWard IWMill*. 20. ARLae1 Thu w„nLan mermaid _te.m%16r.202, Figure 2. 00 •e-tOxn • TTnt Number M Syke by Year • BO - ® 60 • llww a0 20 This chart slaws the alai number N shen pin rentals by year bet Inning from 2622 a the present year. � ] • ,,,, to • ass. I I I I 2022 2022 20L 1015 16 2023 Norcanforminy STRs by Tear 26 2a 32 m�Bnkww l022. Nonconforming•hon am ten., by RenconformlIntranaIs could be with paking requiremenh m rentlng more than 39K of the total square Screenshot of STR dashboard. 3. In December, new PDF layouts were created for zoning and future land use maps. A Python -based ArcGIS Pro toolbox was developed to automate updating and publishing these PDFs to ArcGIS Online, ensuring the maps remain current. Completed Tasks - Smaller Projects (October - December) 1. Added new CUPs to the CUP map, added a CUP category type established by Community Development department, and produced CUP charts. 2. Established an ArcGIS Online partnered collaboration with the Kenai Peninsula Borough to share GIS data more easily with the Borough. 3. Updated October and November address changes from the Borough and the City of Seward's OpenGov MAT table. 4. Updated utilities on Phoenix Rd / Dunham Dr area. 5. Updated Parks & Rec map to include department -maintained parking lots. 72 October- December 2025 Current Tasks 1. Evaluating new search bar options to determine whether they should be added to the Public Map Viewer. 2. Work has begun on a parcel fabric to improve parcel data management and support future layers such as setbacks, ROWs, and easements. A setback table/layer is underway, and the resulting layer will be added to the Public Map Viewer. For more information on parcel fabrics, please visit: https://www.esri.com/en-us/arcgis/products/arcgis-parcel-fabric/overview 3. Improving the structure and layout of the GIS Portal and preparing datasets for future public access. Future Tasks* 1. The Borough is providing the City of Seward with updated 2025 imagery. The Municipal Lands Management Plan maps will be updated with the new imagery. 2. Add more print maps to the GIS Portal. 3. Data layers for public & internal map viewer: a. Leases b. Building Permits c. Other layers (i.e. LiDAR/elevations) Future Tasks Put on Hold from Previous Report* 1. Create more tabs within the Columbarium panel to display private cemeteries' columbaria availability. *Future tasks may take several months or be delayed as priorities shift. Conclusion From October to December 2025, GIS efforts focused on expanding and improving the Public Map Viewer and building foundational datasets for future enhancements. Work on the GIS Portal continues, and as more datasets are developed, the City of Seward will benefit from a more comprehensive and efficient centralized GIS resource. 73 City Clerk Report January 26, 2026 2025 City of Seward Business Licenses Charters, 65, 9.03% tels 14 1.94% Short Term Rentals, 84, 11.67% Vehicle for Hire, 5, 0.69% General, 552, 76.67% 720 Total Licenses 554Annual Licenses (Operate Year Round) 166 Seasonal Licenses (Operate from May thru September) 554 ■ General 82 ■ Short Term Rentals 14 ■ Hotels 65 ■ Charters 5 ■ Vehicle for Hire Created by the City Clerk's Office for businesses licensed as of October 1, 2025 when the submission season ended for the year. October 1st begins renewals and submissionsforthe 2026 year. Any licenses still being processed, in a "Hold" status, or rejected were not included in these totals. Business Licenses Issued 2025 vs 2024 800 700 600 500 400 300 200 100 0 2024 2025 Total Annual Season General Short Hotels Charter Vehicle License al Term s for Hire s Rentals 2025 720 554 166 554 82 14 65 5 2024 703 548 155 538 84 14 60 7 ■ 2025 ■ 2024 Graphs by Karen 74 2025 PUBLIC RECORDS REQUESTS BY DEPARTMENT Police, 122, 59% Total Public Record Request - 208 Parks & Rec, 0, 0% IT, 2, 1% HR, 3, 2% Harbor, 7, 3%— Fire, 8, 4% Finance, 25, 12% Electric, 11, 5% Public Works, 2, 1% Building, 5, 2% City Attorney, 1, 1% City Clerk, 7, 3% City Manager, 4, 2% ComDev, 11, 5% Graph by Jodi 75 ORDINANCE 2026-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE TO REPLACE MASCULINE/FEMININE LANGUAGE WITH GENDER -NEUTRAL TERMS AND AUTHORIZING THE CODIFIER TO IMPLEMENT NON - SUBSTANTIVE EDITS Documents: • Agenda Statement • Ordinance 2026-001 • Attachment: o Gender -Neutral Report The report has been revised since it was introduced on January 12, 2026. City Attorney found a few more edits to be made in the Gender Neutral Report The revised report also includes highlights to make it easy to spot the changes. — City Clerk 76 City Council Agenda Statement Meeting Date: January 12, 2026 To: City Council From: City Clerk Subject: Ordinance 2026-001, Amending the Seward City Code to Replace Masculine/Feminine Language with Gender -Neutral Terms and Authorizing the Codifier to Implement Non -Substantive Edits Background and justification: From the Municode website: As local governments work to create more inclusive environments, one area that may be behind is their Code of Ordinances. Depending on when certain codes were written, some could include gendered language. Some examples of gendered language include pronouns and words like policeman, policewoman, policemen, workman, fireman, man, woman, salesmen, bondsmen, etc. Removing this language is important so that your code does not reinforce outdated stereotypes. If you notice language like this in your Municipal Code, CivicPlus can identify and resolve any gendered language. This will look different from city to city, depending on the last time your code was supplemented. After this, we will recommend changes to neutralize your code. The aforementioned words most likely show up in your code somewhere, and replacing those may sound confusing. This is not true, and it is quite simple to change gendered words and phrases to something neutral. Total amount of funds listed in this legislation: $ 7,500 This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact x Funds are: x $ $ 7,500 $ Budgeted Line item(s): 01000-1110-7022 Not budgeted Not applicable 77 Affected Fund: General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water $ Acting Finance Director Signature: Wastewater Healthcare Note: amounts are unaudited Attorne Review X Yes Attorney Signature: Reviewed by Sam Severin and Alex Foote Not applicable Comments: 78 Sponsored by: City Clerk Introduction: January 12, 2026 Public Hearing: January 26, 2026 Enacted: TBD CITY OF SEWARD, ALASKA ORDINANCE 2026-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE TO REPLACE MASCULINE/FEMININE LANGUAGE WITH GENDER -NEUTRAL TERMS AND AUTHORIZING THE CODIFIER TO IMPLEMENT NON -SUBSTANTIVE EDITS WHEREAS, local governments work to create more inclusive environments, one area that is often lagging behind is the Code of Ordinances, and; WHEREAS, portions of the Seward City Code still use gendered pronouns and terms that do not reflect inclusive best practices; and WHEREAS, the Municode Codification specialists offer a service for $7,500 to identify and resolve any gendered language issues so that Seward City Code will not reinforce outdated stereotypes; and WHEREAS, the current definition of "gender" in SCC § 1.01.015 states "[t]he masculine gender includes the feminine and neuter, and when the sense so indicates, words of the neuter gender may refer to any gender[,]" which further supports the revisions contained in this ordinance as not altering substantive policy; and WHEREAS, the City Clerk and City Attorney have reviewed and approved a Gender -Neutral Report identifying specific pronoun and terminology replacements in the Code and seeks to implement those changes without altering substantive policy. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. This ordinance will replace gendered language in the Seward City Code with gender - neutral terminology, consistent with the Gender -Neutral Report attached, and to authorize the City's codifier to make non -substantive editorial changes that do not affect the meaning or application of the Code. Section 2. This ordinance shall take effect ten days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26' DAY OF JANUARY 2026. Sue McClure, Mayor 79 CITY OF SEWARD, ALASKA ORDINANCE 2026-001 Page 2 of 2 ATTEST: Kris Peck, City Clerk 80 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality [Title 1]Chapter 1.01, §1.01.015 "Gender. The masculine gender includes the feminine and neuter, and when the sense so indicates, words of the neuter gender may refer to any gender." Per City'— Delete this phrase entirely. §1.01.015 "being written near the mark by a witness who writes his own name near the signer's or subscriber's name;' "being written near the mark by a witness who writes their own name near the signer's or subscriber's name;' [Title 2]Chapter 2.01, §2.01.010.A.3. "additional information he may require" "additional information the chief of police may require" [Title 2]Chapter 2.05, §2.05.027.A. "he may attempt" "the city official may attempt" [Title 2]Chapter 2.05, §2.05.035.A., B "he shall prepare" "he may submit" "requester of his right to appeal" "the city official shall prepare" "the party may submit" "requester of their right to appeal" [Title 2]Chapter 2.20, §2.20.035.A., B. "and he shall act" "and the city manager shall act" §2.20.040.E. "required of him" "required of the city attorney" §2.20.045.F. "accomplishment of his duties" "accomplishment of the city clerk's duties" §2.25.085.B. "for services performed by his department;" "for services performed by the department;" [Title 3] Chapter 3.01 §3.01.015 "E. Ensuring equal opportunity and fair treatment of all persons in all aspects of the employer -employee relation- ship including, recruitment, hiring, upgrading, promo- tion, training, transfer, layoff, recall and termination by basing all personnel decisions on the individual's abili- ties and performance without regard to political affilia- tion, race, color, pregnancy, ancestry, marital status, veteran status, disability, religion, national origin, sex, age, sexual orientation or any other discriminatory factor prohibited by law and with proper regard for the individual's privacy provided, however, that state or federally mandated employment requirements shall be observed." "E. Ensuring equal opportunity and fair treatment of all persons in all aspects of the employer -employee relation- ship including, recruitment, hiring, upgrading, promo- tion, training, transfer, layoff, recall and termination by basing all personnel decisions on the individual's abili- ties and performance without regard to political affilia- tion, race, color, pregnancy, ancestry, marital status, veteran status, disability, religion, national origin, gender, age, sexual orientation or any other discrimina- tory factor prohibited by law and with proper regard for the individual's privacy provided, however, that state or federally mandated employment requirements shall be observed." Chapter 3.20 §3.20.010(c) "C. Prohibit discrimination because of race, age, dis- ability, political affiliation, religion, sex, color, pregnancy, ancestry, marital status, veteran status, national origin or any other discriminatory factor prohibited by law. The standards set forth in the American with Disabilities Act will be followed in the selection of employees of the city." "C. Prohibit discrimination because of race, age, dis- ability, political affiliation, religion, gender, color, pregnancy, ancestry, marital status, veteran status, national origin or any other discriminatory factor prohibited by law. The standards set forth in the American with Disabilities Act will be followed in the selection of employees of the city." 811 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality Chapter 3.40 §3.40.030.E (4),(4). (E)(4)(B)(i) "exclusive representation of an employee by his or her union" "The issue statement does not conflict with an applicable collective bargaining agreement or the exclusive representation of an employee by his or her union; and " "exclusive representation of an employee by their union" "The issue statement does not conflict with an applicable collective bargaining agreement or the exclusive representation of an employee by their union; and" [Title 4]Chapter 4.01, §4.01.010 "Election officials. Means the city clerk or his designee, election judges, election clerks and canvassing boards." "Questioned voter. Means any person .whosenamedoes not appear on the register in the precinct where the voter attempts to vote, a voter who does not bear identification or is not personally known to an election official though his/her name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing." "Voter. Means any.person who presents .himself for the purpose of registering to vote, voting, either in person or by absentee ballot." "Election officials. Means the city clerk or the city clerk's designee, election judges, election clerks and canvassing boards." "Questioned voter. Means any person whose name does not appear on the register in the precinct where the voter attempts to vote, a voter who does not bear identification or is not personally known to an election official though such name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing." "Voter. Means any person who presents oneself for the purpose of registering to vote, voting, either in person or by absentee ballot." 4.01.050.B. "time spent on his election duties" "time spent on the election board member's duties" 4.01.055.B. "State voter registration is prima facie evidence of a voter's qualification, but every election official shall question, and every watcher and other person qualified to vote in the precinct may challenge a person attempt- ing to vote if he believes the person is not qualified to vote. If the voter's polling place is in question, the voter shall be allowed to vote a questioned ballot. A person who frivolously, maliciously or in bad faith challenges a voter or questions his ballot is guilty of a misdemeanor." "State voter registration is prima facie evidence of a voter's qualification, but every election official shall question, and every watcher and other person qualified to vote in the precinct may challenge a person attempt- ing to vote if the election official believes the person is not qualified to vote. If the voter's polling place is in question, the voter shall be allowed to vote a questioned ballot. A person who frivolously, maliciously or in bad faith challenges a voter or questions the voter's ballot is guilty of a misdemeanor." 4.01.065 "Declaration of candidacy forms shall be provided by the clerk and shall include provision for a statement by the candidate affirming his qualifications to fill the office to which he is nominated and his willingness to do so." "Declaration of candidacy forms shall be provided by the clerk and shall include provision for a statement by the candidate affirming the candidate's qualifications to fill the office to which the candidate is nominated and their willingness to do so." 4.01.066.C.1 "The full name of the candidate and the manner in which he/she wishes his/her name to appear on the ballot; and" "The full name of the candidate and the manner in which the candidate wishes said name to appear on the ballot; and" 822 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality 4.01.070.A., B. "Any candidate may withdraw his nomination at any time during the period for filing a declaration of candidacy by appropriate written notice to the clerk." "If a candidate desires to file for a different seat, he shall request a new form from the clerk." "Any candidate may withdraw their nomination at any time during the period for filing a declaration of candidacy by appropriate written notice to the clerk." "If a candidate desires to file for a different seat, the candidate shall request a new form from the clerk." 4.05.015.A. "The city election boards shall be the election boards selected and appointed by the Kenai Peninsula Borough assembly, and each member shall be a qualified voter, unless no qualified voter is willing to serve, and a resident within the precinct for which he is appointed. In the case of an election for which an election board has not been appointed by the borough, the city council shall appoint at least three judges in each precinct to constitute the election board; one judge shall be designated as chairman and shall be primarily responsible for administering the election in that precinct." "The city election boards shall be the election boards selected and appointed by the Kenai Peninsula Borough assembly, and each member shall be a qualified voter, unless no qualified voter is willing to serve, and a resident within the precinct for which the member is appointed. In the case of an election for which an elec- tion board has not been appointed by the borough, the city council shall appoint at least three judges in each precinct to constitute the election board; one judge shall be designated as chairperson and shall be primarily responsible for administering the election in that precinct." 4.05.050.A. "The clerk shall have the ballots in his possession at least 15 days before each regular election and ten days before each special election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his authorized agent, and any discovered mistake shall be corrected immediately." "The clerk shall have the ballots in their possession at least 15 days before each regular election and ten days before each special election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by the candidate's authorized agent, and any discovered mistake shall be corrected immediately." 4.05.060.B. "The clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observa- tion." "The clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark their ballot screened from observa- tion." n SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality 4.05.070.A.,B., C.,D. "A. The election judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book in space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he shall immediately question the voter according to the procedure outlined in § 4.05.110.(b). If a voter's polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot a questioned ballot. B. When the voter is qualified to vote, the election judge shall give him an official ballot. C. Each voter shall retire alone to a booth or private area to mark his ballot. If a voter is blind or otherwise physically unable to mark his ballot alone, he may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately after the voter has marked the ballot, either the voter shall conceal the manner in which it is marked and deposit the ballot in the ballot box in the presence of an election official, or if the voter so requests the election official shall deposit the ballot in the ballot box in the presence of the voter. D. If a voter improperly marks or otherwise damages a ballot, he shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times." "A. The election judges shall keep an original register in which each voter before receiving a ballot shall sign their name and give both residence and mailing address. A record shall be kept in the registration book in space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote. If any election official present believes the voter is not qualified, the official shall immediately question the voter according to the procedure outlined in § 4.05.110.(b). If a voter's polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot a questioned ballot. B. When the voter is qualified to vote, the election judge shall give the voter an official ballot. C. Each voter shall retire alone to a booth or private area to mark their ballot. If a voter is blind or otherwise physically unable to mark their ballot alone, the voter may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately after the voter has marked the ballot, either the voter shall conceal the manner in which it is marked and deposit the ballot in the ballot box in the presence of an election official, or if the voter so requests the election official shall deposit the ballot in the ballot box in the presence of the voter. D. If a voter improperly marks or otherwise damages a ballot, the voter shall return it to the election officials, conceal- ing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times." 4.05.090 "Counters shall report to the election board at the polls at the time designated by the election supervisor or the chairman of the election board to assume their duties to assist the election board in counting the votes. Before undertaking the duties of office, each counter shall subscribe to an oath to honestly, faithfully, impartially and promptly carry out the duties of his position." "Counters shall report to the election board at the polls at the time designated by the election supervisor or the chairperson of the election board to assume their duties to assist the election board in counting the votes. Before undertaking the duties of office, each counter shall subscribe to an oath to honestly, faithfully, impartially and promptly carry out the duties of their position." 844 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality 4.05.100.A.1. "The voter may mark his ballot only by the use of cross marks, "X" marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks or plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate." "The voter may mark their ballot only by the use of cross marks, "X" marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks or plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate." 4.05.105.C. "As soon as all the votes are read and counted, a tally certificate shall be drawn upon each of the tally sheets or attached thereto stating the number of votes each person has received and designating the office for which he received the votes." "As soon as all the votes are read and counted, a tally certificate shall be drawn upon each of the tally sheets or attached thereto stating the number of votes each person has received and designating the office for which the person received the votes." 4.05.110.D. "A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement he previ- ously signed is located." "A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement the voter previously signed is located." 4.05.115.C.1., C.2. "No questioned or absentee ballot shall be counted if the voter has failed to properly execute the certificate, if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, or if the voter fails to enclose his marked ballot inside the small envelope provided." "Any person present may question the name of an absentee voter when read from the voter's certificate on the back of the large envelope if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has voted at the same election." "No questioned or absentee ballot shall be counted if the voter has failed to properly execute the certificate, if the witness or the officer or other person authorized by law to administer the oath fails to affix their signature, or if the voter fails to enclose their marked ballot inside the small envelope provided." "Any person present may question the name of an absentee voter when read from the voter's certificate on the back of the large envelope if the person has good reason to suspect that the voter is not qualified to vote, is disqualified, or has voted at the same election." 4.10.010 "Any qualified voter may vote an absentee ballot for the precinct in which he resides and is registered." "Any qualified voter may vote an absentee ballot for the precinct in which the voter resides and is registered." 4.10.015 "The clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for use when required, that the voter is a qualified voter in all respects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed." "The clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for use when required, that the voter is a qualified voter in all respects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and identified as said affiant, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed." SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality 4.10.020.B., C. "On receipt of any absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope in the presence of the election official who shall sign as attesting official and date of his signature." "If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the elec- tion official shall provide him with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. The clerk shall keep a record of the names and the signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast." "On receipt of any absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope in the presence of the election official who shall sign as attesting official and date of said signature." "If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the elec- tion official shall provide the voter with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. The clerk shall keep a record of the names and the signatures of voters who cast absentee ballots 'on hand' and the dates on which the ballots were cast." 4.10.025.C. "Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the envelope in the presence of the personal representative who shall sign as attesting witness and date his signature. The voter shall then return the absentee ballot to his personal representative who shall deliver the ballot to the clerk." "Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the envelope in the presence of the personal representative who shall sign as attesting witness and date said signature. The voter shall then return the absentee ballot to their personal representative who shall deliver the ballot to the clerk." 4.10.030.A., D. "A voter may request that his name be placed on permanent absentee by mail status." "to place the small envelope in the larger envelope in the presence of an official and will date his signature." "A voter may request that their name be placed on permanent absentee by mail status." "to place the small envelope in the larger envelope in the presence of an official and will date their signature." [Title 5]Chapter 5.35, §5.35.065.A. "If a taxpayer pays sales and use taxes under protest, he may bring suit in the Superior Court against the City for recovery of the taxes within 30 days of denial of a timely filed claim for refund. If judgment for recovery is given against the City, the City shall refund the amount of the taxes to the taxpayer." "If a taxpayer pays sales and use taxes under protest, the taxpayer may bring suit in the Superior Court against the City for recovery of the taxes within 30 days of denial of a timely filed claim for refund. If judgment for recovery is given against the City, the City shall refund the amount of the taxes to the taxpayer." [Title 7]Chapter 7.05, §7.05.615 "Occupant means any person as defined herein, or his successor in interest," "Occupant means any person as defined herein, or the occupant's successor in interest," SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §7.05.615 "Permit preference means the privilege of the upland owner to acquire first choice over other non -preference right claimants to a permit for like use and enjoyment of city owned tide or contiguous submerged lands abutting his property." "Permit preference means the privilege of the upland owner to acquire first choice over other non -preference right claimants to a permit for like use and enjoyment of city owned tide or contiguous submerged lands abut - ting the owner's property." §7.05.615 "Pierhead line means the line all stationary man-made structures (but shall not encompass any part of breakwaters, bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other man-made structures)" "Pierhead line means the line all stationary fabricated structures (but shall not encompass any part of breakwaters, bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other fabricated structures)" §7.05.620 "The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference." "The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of the owner's right to exercise their preference." Chapter 7.10, §7.10.135 "Family member: Spouse, child, or same -sex partner in an established relationship." "Family member. Spouse, child, or same -gender partner in an established relationship." §7.10.135. "'Harbormaster' means the harbormaster for the City of Seward, the Deputy harbormaster, or any Assistant har- bormaster or other person designated by the harbormas- ter to act in his place." "'Harbormaster' means the harbormaster for the City of Seward, the Deputy harbormaster, or any Assistant har- bormaster or other person designated by the harbormas- ter to act in their place." §7.10.135. "Qualifying interest. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control" "Qualifying interest. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes their exclusive control" §7.10.215.B., C. "Unless the vessel or other property is formally impounded by the City, the vessel or other property shall at all times remain in the exclusive possession and control of the owner of said property and the City is not acting, and shall not be held liable in any manner, as a warehouseman or a bailee." "The City disclaims any and all other liability, whether for negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or Per City Attorney, leave subsections 'as -is.' performance." 877 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §7.10.320. "If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and the applicant's name will be removed from the wait list and the applicant's annual fee pay- ment forfeited." "If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn their application and the applicant's name will be removed from the wait list and the applicant's annual fee pay- ment forfeited." §7.10.410.B.4 "When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbormaster may, at his discretion," "When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbormaster may, at their discretion," §7.10.825.4. "A statement to be signed by the applicant that if such permit shall be granted, the he will conduct the busi- ness" "A statement to be signed by the applicant that if such permit shall be granted, the applicant will conduct the business" Chapter 7.20, §7.20.015 "For the purposes of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number and words in the masculine gender include the feminine." "For the purposes of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number." §7.20.040.A. "Upon establishment of rules and procedures by city council resolution, burial sites may be reserved for an individual not yet deceased, on a first come, first served basis by any person for himself or" "Upon establishment of rules and procedures by city council resolution, burial sites may be reserved for an individual not yet deceased, on a first come, first served basis by any person for their self or" §7.20.040.B. "The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative." "The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or their properly designated representative." §7.20.065 "The city manager or his designated representative will enforce all cemetery regulations." "The city manager or their designated representative will enforce all cemetery regulations." §7.20.070.B. "Vehicle operation limitations. Except as authorized by the city manager or his designee for the" "Vehicle operation limitations. Except as authorized by the city manager or their designee for the" §7.20.070.F. "Noise. It is unlawful for any person, except a city employee or contractor in the performance of his duty" "Noise. It is unlawful for any person, except a city employee or contractor in the performance of the employee or contractor's duty" O O SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality [Title 8]Chapter 8.05, §8.05.015(c), (2) "No exception to the provisions of subsection (a) of this section shall be allowed without prior written approval granted by the chief of police or his/her designee." "A special event permit issued by the City Manager or his/ her designee." "No exception to the provisions of subsection (a) of this section shall be allowed without prior written approval granted by the chief of police or their designee." "A special event permit issued by the City Manager or their designee." §8.05.035(a), (b) "No person, by himself or another, shall sell, furnish, give or deliver any intoxicating liquor to any person:" "The burden shall at all times be upon the licensee and his employees to determine the age and sobriety of any patron." "No person, individually or through another, shall sell, furnish, give or deliver any intoxicating liquor to any person:" "The burden shall at all times be upon the licensee and the licensee's employees to determine the age and sobriety of any patron." 8.05.050 "The licensee and his employees are expressly permitted to evict any person" "The licensee and the licensee's employees are expressly permitted to evict any person" 8.05.070 "Lighting within licensed liquor establishments shall be such as to allow a clear view of all activities within the interior of such establishments by the licensee or his employees." "Lighting within licensed liquor establishments shall be such as to allow a clear view of all activities within the interior of such establishments by the licensee or the licensee's employees." 8.05.080 "No person under the age of 21 years shall attempt to purchase or otherwise secure, consume or have in his possession any alcoholic beverages" "No person under the age of 21 years shall attempt to purchase or otherwise secure, consume or have in their possession any alcoholic beverages" Chapter 8.10, 8.10.015.A. "The solicitation of funds or sales on property owned or controlled by the City is prohibited without proper authorization by the City Manager or his/her designee." "The solicitation of funds or sales on property owned or controlled by the City is prohibited without proper authorization by the City Manager or their designee." §8.10.020.D.4. "Solicit or continue to solicit where the owner, lessee, tenant, agent or occupant of the private property has notified the solicitor that he or she is not allowed on the private property; or" "Solicit or continue to solicit where the owner, lessee, tenant, agent or occupant of the private property has notified the solicitor they are not allowed on the private property; or" Chapter 8.15, §8.15.125.B. "All such complaints shall be properly recorded and immediately investigated by the appropriate City official who shall report his findings to the City Manager." "All such complaints shall be properly recorded and immediately investigated by the appropriate City official who shall report their findings to the City Manager." 8.15.225.B. "If all findings are favorable, the City Clerk shall issue the permit, otherwise the application shall be referred to the City Manager for a decision, and he shall either authorize its issuance or deny it." "If all findings are favorable, the City Clerk shall issue the permit, otherwise the application shall be referred to the City Manager for a decision, and the City Manager shall either authorize its issuance or deny it." e9 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality 8.15.425.A, B.2 "A. Separate sanitary facilities shall be provided for each sex. B.2. Basic facilities shall consist of not less than one flush toilet, one shower or bathtub and open lavatory for each sex. These items are to serve up to the first eight tourist spaces. Toilet and lavatory facilities shall be provided for each sex at the rate of one set for every additional eight tourist spaces or fractional number thereof. Bathtub or shower facilities shall be provided for each sex at the rate of one for every ten additional tourist spaces." "A. Separate sanitary facilities shall be provided for each gender. B.2. Basic facilities shall consist of not less than one flush toilet, one shower or bathtub and open lavatory for each gender. These items are to serve up to the first eight tourist spaces. Toilet and lavatory facili- ties shall be provided for each gender at the rate of one set for every additional eight tourist spaces or fractional number thereof. Bathtub or shower facilities shall be provided for each gender at the rate of one for every ten additional tourist spaces." 8.15.425.B.1., 4. "1. The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be in separate rooms if in the same building. 4. Every male toilet room shall contain also at least one urinal, and sufficient urinals in total to provide a ratio of one for each 15 tourist spaces served by the same service building." Per City, no change is required at this time, as this whole section will be updated at a later date. 8.20.020.A. "No person may provide a vehicle for hire as provided by this chapter unless that person is a permit holder in possession of a valid vehicle for hire permit issued to him under this chapter." "No person may provide a vehicle for hire as provided by this chapter unless that person is a permit holder in possession of a valid vehicle for hire permit issued to the person under this chapter." 8.20.050.B. "All applications for a chauffeur's license shall be made on forms furnished by the police department and shall include the necessary fees, a photograph of the applicant, and a full set of his fingerprints to be taken by the police department." "All applications for a chauffeur's license shall be made on forms furnished by the police department and shall include the necessary fees, a photograph of the applicant, and a full set of the applicant's fingerprints to be taken by the police department." 8.20.055.A. "Every permittee shall maintain a current and accurate daily list for the vehicle for hire operated pursuant to his permit." "Every permittee shall maintain a current and accurate daily list for the vehicle for hire operated pursuant to the permit." 8.20.085.A.2. "The holder, or his employee or agent, being charged with or found guilty of a violation of any provision of this code or any other law of the state or the United States;" "The holder, or the holder's employee or agent, being charged with or found guilty of a violation of any provi- sion of this code or any other law of the state or the United States;" SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 / 19/25) City -Approved Change(s) for Gender Neutrality 8.30.035.B. "The City Clerk shall notify a licensee of his intent to consider revocation, suspension or any other limitation or restriction of a license application, specifying a date and time for a hearing. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits." "The City Clerk shall notify a licensee of the clerk's intent to consider revocation, suspension or any other limitation or restriction of a license application, specify - ing a date and time for a hearing. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits.'s permit." 8.30.035.C. "At the conclusion of the hearing, the City Manager shall issue his final written decision within two working days." "At the conclusion of the hearing, the City Manager shall issue a final written decision within two working days." 8.30.040.C. "After the appeal has been filed, the City Manager will forward his written decision to the City Council outlin- ing the reasons supporting the adverse action." "After the appeal has been filed, the City Manager will forward a written decision to the City Council outlining the reasons supporting the adverse action." [Title 9]Chapter 9.05, §9.05.110 "License collector. The license collector shall be the chief of police, and shall include the person designated by him to act in his behalf." "License collector. The license collector shall be the chief of police, and shall include the person designated by the chief of police to act in the chief of police's behalf." §9.05.115 "No person shall interfere with, oppose or resist the chief of police in the performance of his duties as herein provided." "No person shall interfere with, oppose or resist the chief of police in the performance of the chief of police's duties as herein provided." §9.05.135.B. "the chief of police or animal control officer shall determine that any dog or any animal is afflicted with rabies, he may cause such dog or other animal to be immediately destroyed;" "the chief of police or animal control officer shall determine that any dog or any animal is afflicted with rabies, such dog or other animal may be immediately destroyed;" §9.05.135.F. "If the chief of police determines that such animal can be best observed in quarantine by being placed in the city animal control shelter, he may transfer" "If the chief of police determines that such animal can be best observed in quarantine by being placed in the city animal control shelter, the chief of police may transfer" §9.05.135.G. "The chief of police or his deputies are hereby empowered" "The chief of police or the chief of police's deputies are hereby empowered" §9.05.140 "No person, either by himself or agent, shall remove from the city animal control shelter or any veterinary hospital, or from any other place, any animal which has been quarantined without consent of the chief of police" "No person, either by oneself or agent, shall remove from the city animal control shelter or any veterinary hospital, or from any other place, any animal which has been quarantined without consent of the chief of police" §9.05.216.A. "The license collector shall, and it is hereby made his duty to, see that the licenses from every owner of dogs required to be licensed are paid." "The license collector shall, and it is hereby made the license collector's duty to, see that the licenses from every owner of dogs required to be licensed are paid." g11 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §9.05.216.B. "The license collector shall keep a register in which he shall enter the name of the owner" "The license collector shall keep a register which contains the name of the owner" §9.05.228 "At the expiration of five days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by him;" "At the expiration of five days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by the chief of police;" §9.05.232.A. "Whenever a dog suspected of being vicious is reported, the chief of police shall investigate the conditions of the dog's behavior, and if he finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog, he shall deliver in writing to the person in possession of such dog a statement of the facts and circumstances concerning the dog's behavior. He shall also order the person in possession of such dog to keep such dog in a substantial enclosure or securely" "Whenever a dog suspected of being vicious is reported, the chief of police shall investigate the conditions of the dog's behavior, and if it is found that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog, the chief of police shall deliver in writing to the person in possession of such dog a statement of the facts and circumstances concerning the dog's behavior. The chief of police shall also order the person in possession of such dog to keep such dog in a substantial enclosure or securely" §9.05.232.B. "If the owner shall fail to make provisions for adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that he will not be a menace within the city." "If the owner shall fail to make provisions for adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that the dog will not be a menace within the city." §9.05.234 "No person in possession of any vicious dog shall permit such dog to be at large after he has been notified by the chief of police that the dog is vicious, or when he knows, or by the exercise of reasonable care should know, that such dog is a vicious dog." "No person in possession of any vicious dog shall permit such dog to be at large after the person has been noti- fied by the chief of police that the dog is vicious, or when they know, or by the exercise of reasonable care should know, that such dog is a vicious dog." §9.05.238 "In the event that any person owns or harbors any dog which bites or attacks, or threatens to bite or attack, any meter reader, inspector, officer or employee of the city while in the performance of his duties as such" "In the event that any person owns or harbors any dog which bites or attacks, or threatens to bite or attack, any meter reader, inspector, officer or employee of the city while in the performance of the meter reader, inspector, officer or employee's duties as such" §9.05.248 "the chief of police shall be deemed to have acquired jurisdiction over such animal, and he is hereby authorized to destroy" "the chief of police shall be deemed to have acquired jurisdiction over such animal, and the chief of police is hereby authorized to destroy" 92 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §9.05.250 "If such citation is issued as a result of a complaint made by any person against the owner of any dog or animal, a notice in writing may also be given to the person making such complaint, notifying him to appear at the time and place stated in the citation, to verify the complaint." "If such citation is issued as a result of a complaint made by any person against the owner of any dog or animal, a notice in writing may also be given to the person making such complaint, notifying such person to appear at the time and place stated in the citation, to verify the complaint." §9.05.254 "No person, without the consent of the owner thereof, shall hold or retain possession of any dog or animal of which he is not the owner, for a longer period than 24 hours, unless such person shall within such 24 hour period report the possession of such dog or animal to the chief of police, giving his name and address, and a true description of the dog or animal." "No person, without the consent of the owner thereof, shall hold or retain possession of any dog or animal of which the person is not the owner, for a longer period than 24 hours, unless such person shall within such 24 hour period report the possession of such dog or animal to the chief of police, giving such person's name and address, and a true description of the dog or animal." §9.05.310 "Hunting, trapping, or capturing of animals or birds by city, state or federal law enforcement, game department or animal control personnel while engaged in the performance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research;" "Hunting, trapping, or capturing of animals or birds by city, state or federal law enforcement, game department or animal control personnel while engaged in the performance of such personnel's official duties or any person authorized by the city manager or such person's designee for purposes of animal control or research;" Chapter 9.10, §9.10.015 "The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city, in the event of a disaster from natural or man-made causes or acts of war" "The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city, in the event of a disaster from natural or human -made causes or acts of war" §9.10.025.C. [This relates to the director, from the opening paragraph of the section:] "To require emergency services of any city officer or employee, and in the event of a proclama- tion of a state of disaster or state of extreme emergency by the governor in the region in which the city is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties." "To require emergency services of any city officer or employee, and in the event of a proclamation of a state of disaster or state of extreme emergency by the governor in the region in which the city is located, to command the aid of as many citizens of this community as the director thinks necessary in the execution of their duties." §9.10.025.E. "In the event the city manager is appointed civil defense director, he is to execute all of his ordinary powers as city manager, and all of the special powers conferred upon him by this chapter, or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute, or agreement" "In the event the city manager is appointed civil defense director, the city manager is to execute all of their ordinary powers as city manager, and all of the special powers conferred upon the city manager by this chapter, or by resolution adopted pursuant thereto, and all powers conferred upon the city manager by any statute, or agreement" SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality Chapter 9.15, §9.15.112.D. "The administrative official shall attach to his report copies of all applications" "The administrative official shall attach to such report copies of all applications" §9.15.112.E. "It is the burden of the appellant to submit such evidence, including engineering and other technical studies, in support of his appeal, as may be necessary to enable the council to reach a decision." "It is the burden of the appellant to submit such evidence, including engineering and other technical studies, in support of such appeal, as may be necessary to enable the council to reach a decision." §9.15.120 "The fire chief, or his appointed representative, shall be permitted access to any building" "The fire chief, or their appointed representative, shall be permitted access to any building" §9.15.130 "It shall be the responsibility of the fire chief to further inspect the premises on the date specified and if the hazardous or unsafe condition has not been corrected he shall issue a violation citation without further delay." "It shall be the responsibility of the fire chief to further inspect the premises on the date specified and if the hazardous or unsafe condition has not been corrected the fire chief shall issue a violation citation without further delay." §9.15.140 "Any building which has been damaged by fire, natural or man-made disaster, weather -related event, or that is otherwise structurally compromised shall be immediately boarded up or fenced around so that the public cannot have access to the same." "Any building which has been damaged by fire, natural or human -made disaster, weather -related event, or that is otherwise structurally compromised shall be immediately boarded up or fenced around so that the public cannot have access to the same." §9.15.145 "When a permit is requested the fire chief or designee shall make a thorough inspection of the immediate area and shall determine whether or not, in his opinion, it is safe to allow burning in the area." "When a permit is requested the fire chief or designee shall make a thorough inspection of the immediate area and shall determine whether or not, in the fire chiefs or designee's opinion, it is safe to allow burning in the area." §9.15.150.D. "The fire chief or his/her designee, may delay the imposition of the false alarm" "The fire chief or their designee, may delay the imposi- tion of the false alarm" §9.15.225 "The fire chief or his representative shall report any fire hydrant which is not operating properly or that has in any way caused the department trouble during a fire or drill. This report shall be filed with the public works department for immediate attention and correction. The fire chief may recommend, in writing, the installation of additional hydrants in any area that he deems has inadequate facilities. This recommendation shall point out the specific area to be covered by the installation and other information he believes should be considered." "The fire chief or the fire chiefs representative shall report any fire hydrant which is not operating properly or that has in any way caused the department trouble during a fire or drill. This report shall be filed with the public works department for immediate attention and correction. The fire chief may recommend, in writing, the installation of additional hydrants in any area that the fire chief deems has inadequate facilities. This recommendation shall point out the specific area to be covered by the installation and other information the fire chief believes should be considered." git SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §9.15.310.A. "The fire chief shall be authorized to issue any explosives handling permit upon such terms and condi- tions as he/she may deem appropriate in the public interest." "The fire chief shall be authorized to issue any explosives handling permit upon such terms and condi- tions as they may deem appropriate in the public inter - est." §9.15.315.B.2. "Workmen's compensation insurance in accordance with the laws of the state, required whether hazard is covered by bond or insurance." "Worker's compensation insurance in accordance with the laws of the state, required whether hazard is covered by bond or insurance." §9.15.330.A. "In the discretion of the captain of the port or his designee any of the foregoing provisions of this section may be modified or suspended, or additional provisions devised and enforced." "In the discretion of the captain of the port or the captain's designee any of the foregoing provisions of this section may be modified or suspended, or additional provisions devised and enforced." §9.15.335 "Before any such permit is issued, the applicants therefor shall comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of workmen's compensation coverage and execution of the document of indemnity. In addition to the above requirements, the fire chief, or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling, shall be provided a blasting operation plan which will cover all aspects of the operation. This plan must be approved by the fire chief, or his designee, prior to any blasting operation being conducted. The fire chief, or his designee may be in attendance at the scene of opera- tions while blasting is being performed, and the applicant shall reimburse the city for the cost of provid- ing such safety inspection and supervision." "Before any such permit is issued, the applicants therefor shall comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of worker's compensation coverage and execution of the document of indemnity. In addition to the above requirements, the fire chief, or the fire chiefs designee who is knowledgeable as to the hazards and safety requirements of explosives handling, shall be provided a blasting operation plan which will cover all aspects of the operation. This plan must be approved by the fire chief, or the fire chiefs designee, prior to any blasting operation being conducted. The fire chief, or the fire chiefs may be in attendance at the scene of operations while blasting is being performed, and the applicant shall reimburse the city for the cost of providing such safety inspection and supervision." Chapter 9.20, §9.20.015.A.2. "The police chief shall order the placing of such signs calling for special attention against noise he deems necessary within 150 feet" "The police chief shall order the placing of such signs calling for special attention against noise the police chief deems necessary within 150 feet" §9.20.015.A.3. "The city manager shall have the authority, on written application to him, to permit the broadcast by use of sound amplifying devices under conditions prescribed by him" "The city manager shall have the authority, on written application to the city manager, to permit the broadcast by use of sound amplifying devices under conditions prescribed by the city manager" §9.20.015.A.7. "Dumping, abandoning, throwing, scattering or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not his own" "Dumping, abandoning, throwing, scattering or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not their own" 95 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §9.20.020.B. E. "It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle." "A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs" "It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by such person, except licensed junk yards, any wrecked, junked or abandoned vehicle." "A person having upon their premises an abandoned vehicle which is in need only of reasonable repairs" §9.20.040 "Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action." "Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, such official shall com- mence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action." §9.20.045.B.3., C. "The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter." "Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment" "The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on such person by the provisions of this chapter." "Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment" §9.20.075 "Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time, the abatement official may, at his discretion, grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order." "Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that they will comply with the order if allowed additional time, the abatement official may, at the official's discretion, grant an extension of time within which to abate the public nuisance, if the abate - ment official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal the official's notice and order." gb SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §9.20.085.A. "When any abatement or a public nuisance is to be done pursuant to section 9.20.070(C) of this chapter, the abatement official shall issue his order therefor to the director of public works" "When any abatement or a public nuisance is to be done pursuant to section 9.20.070(C) of this chapter, the abatement official shall issue the abatement official's order therefor to the director of public works" Chapter 9.25, §9.25.020.B.4. "The city manager shall have the authority, on written application to him or her, to permit the broadcast by use of sound -amplifying devices under conditions prescribed by him or her" "The city manager shall have the authority, on written application to the city manager, to permit the broadcast by use of sound -amplifying devices under conditions prescribed by city manager;" Chapter 9.35, §9.35.025.B. "Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or com- postable alternative does not exist" "Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or their designee finds that a suitable affordable biodegradable or compostable alternative does not exist" Chapter 10.10, §10.10.040.A. "The city manager or his designee may issue a firework use permit" "The city manager or their designee may issue a firework use permit" Chapter 10.15, §10.15.015.A., B "Any finder who fails to make his request as so provided shall forfeit all right, title and interest to any found property.;" "The city manager or his deputy shall first determine whether or not the property is in fact abandoned property." "Any finder who fails to make their request as so provided shall forfeit all right, title and interest to any found property.;" "The city manager or their deputy shall first determine whether or not the property is in fact abandoned property." Chapter 11.15, §11.15.065.A. "The chief of police is hereby authorized to erect signs indicating no parking upon either or both sides of any street or highway adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation" "The chief of police is hereby authorized to erect signs indicating no parking upon either or both sides of any street or highway adjacent to any school property when such parking would, in their opinion, interfere with traf- fic or create a hazardous situation" §11.15.087.C. "Whenever any police officer finds, or is notified by the public works director or his designated representative" "Whenever any police officer finds, or is notified by the public works director or their designated representative" §11.15.140.A., B. "When the owner or authorized representative of the owner of the vehicle claims the same, he shall be informed of the nature" "If the operator or owner of the vehicle, upon hearing before the municipal magistrate, is found not guilty of the violation of which he is charged" "No person shall allow, permit or suffer any vehicle registered in his name to stand or park" "When the owner or authorized representative of the owner of the vehicle claims the same, they shall be informed of the nature" "If the operator or owner of the vehicle, upon hearing before the municipal magistrate, is found not guilty of the violation of which they are charged" "No person shall allow, permit or suffer any vehicle registered in their name to stand or park" 97 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality Chapter 12.01, §12.01.020.A., C. "The city manager, or his designee, shall assign an address to each lot or building within the city limits." "Buildings situated a considerable distance from their street frontage or obscured by trees, shrubs, etc., shall have the address number posted on a plainly visible man-made feature" "The city manager, or their designee, shall assign an address to each lot or building within the city limits." "Buildings situated a considerable distance from their street frontage or obscured by trees, shrubs, etc., shall have the address number posted on a plainly visible human -made feature" §12.01.025 "Before a building, electrical or plumbing permit is issued for a building or structure requiring a water or sewer connection, the applicant shall submit with his application for such building, electrical or plumbing permit a receipt from the water or sewer department for the required water or sewer connection." "Before a building, electrical or plumbing permit is issued for a building or structure requiring a water or sewer connection, the applicant shall submit with their application for such building, electrical or plumbing permit a receipt from the water or sewer department for the required water or sewer connection." Chapter 13.01, §13.01.025.E. "Any person in violation of this section who by his failure to perform as required hereunder maintains or allows to be maintained any sidewalk in nonconforming condition shall be deemed guilty of gross neglect of the public safety." "Any person in violation of this section who by their failure to perform as required hereunder maintains or allows to be maintained any sidewalk in nonconforming condition shall be deemed guilty of gross neglect of the public safety." Chapter 14.01, §14.01.045 (F)(2). "the customer may request an opportunity to present his case to the city council for final resolution." "the customer may request an opportunity to present their case to the city council for final resolution." §14.01.050.(B) "If the customer fails to provide the required written notice, he will be charged for utility service furnished to the premises until the city is provided with notice of change of occupancy." "If the customer fails to provide the required written notice, they will be charged for utility service furnished to the premises until the city is provided with notice of change of occupancy." §14.05.010.(B) "Nothing in the preceding sentence shall be deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner." "Nothing in the preceding sentence shall be deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse accumulated on the premises occupied by such occupant/owner and disposing of the same in a lawful manner." §14.10.020.(A) "The customer is responsible to know the location of his key box and thaw wire, and will be liable for any costs incurred in locating or repairing them when damage is caused by the negligence of the customer or those acting on his behalf." "The customer is responsible to know the location of their key box and thaw wire, and will be liable for any costs incurred in locating or repairing them when damage is caused by the negligence of the customer or those acting on their behalf." §14.10.060. "the party owning the premises adjacent to the curb cock shall be responsible for all charges as though he were the owner of all properties" "the party owning the premises adjacent to the curb cock shall be responsible for all charges as though the party were the owner of all properties" SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality §14.10.065. "Only the city shall turn on or off any water service or open or close any fire hydrant; except, that a licensed plumber may turn on a water service for testing his work" "Only the city shall turn on or off any water service or open or close any fire hydrant; except, that a licensed plumber may turn on a water service for testing their work" Chapter 14.15, §14.15.230. "The city may require, as a condition of service, that a customer install, at his own expense" "The city may require, as a condition of service, that a customer install, at their own expense;" §14.15.250. "The customer is responsible for overload, short circuit, and phase failure protection of his own equipment." "The customer is responsible for overload, short circuit, and phase failure protection of their own equipment." §14.15.325.C. "The customer shall, at his own expense, extend his wiring for a new and approved meter location whenever the existing meter has become inaccessible or potentially inaccessible for inspection, reading and test- ing." "The customer shall, at their own expense, extend their wiring for a new and approved meter location whenever the existing meter has become inaccessible or potentially inaccessible for inspection, reading and test- ing." §14.15.330. "If primary service is required, the customer will be required to provide space on his property at no cost to the city for the transformers, switches, regulators and other equipment necessary to serve the load." "If primary service is required, the customer will be required to provide space on their property at no cost to the city for the transformers, switches, regulators and other equipment necessary to serve the load." §14.15.417(B) (2)b. "It is the burden of the appellant to submit such evidence in support of his appeal, as may be necessary to enable the commission to reach a decision." "It is the burden of the appellant to submit such evidence in support of their appeal, as may be necessary to enable the commission to reach a decision." §14.15.435.A., B. "The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain his equipment in a satisfactory and/or safe operating condition" "The customer or his contractor shall not use mechanized equipment within two feet of any located utility." "The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain their equipment in a satisfactory and/or safe operating condition" "The customer or their contractor shall not use mechanized equipment within two feet of any located utility." §14.15.510(B), (1), (4) "Customer participation in a service extension shall be limited to activities on his own property" "The customer may dig his own secondary trench up to ten feet from city equipment. He may not backfill this trench." "Customer participation in a service extension shall be limited to activities on their own property:" "The customer may dig their own secondary trench up to ten feet from city equipment. The customer may not backfill this trench." §14.20.060(B) "In forming his opinion as to the acceptability of these wastes, the city engineer will give consideration" "In forming their opinion as to the acceptability of these wastes, the city engineer will give consideration" SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 /19/25) City -Approved Change(s) for Gender Neutrality Chapter 15.01, §15.01.015 "The City Manager or his designee is hereby named as the administrative official (hereinafter referred to as "administrative official") relating to all actions taken by the Seward planning and zoning commission. The City Manager or his designee shall be responsible for:" "The City Manager or their designee is hereby named as the administrative official (hereinafter referred to as "administrative official") relating to all actions taken by the Seward planning and zoning commission. The City Manager or their designee shall be responsible for:" §15.10.140(31)b. (50)d.9. ,"Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building." "In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot." "Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing their own cooking independently of any other individual or family in the same building." "In the case of a corner lot, the owner may choose which street they shall designate as the front of the lot." §15.10.245(C) "The Building Official shall grant approval if he or she is satisfied that the standards of this section have been met" "The Building Official shall grant approval if they are satisfied that the standards of this section have been met" §15.10.315(F) (2) "Should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, as determined by the City Manager or his designee" "Should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, as determined by the City Manager or their designee" §15.10.325(A) "When the literal enforcement of this chapter would deprive a property owner of the reasonable use of his real property" "When the literal enforcement of this chapter would deprive a property owner of the reasonable use of their real property" Chapter 15.25, §15.25.020 "Any man-made change to improved or unimproved real estate" "Any human -made change to improved or unimproved real estate" §15.25.030(G) "Flood heights may be increased by man-made or natural causes." "Flood heights may be increased by human -made or natural causes." §15.25.050(A) (4)(2)(vi.) "Prohibit man-made alteration of sand dunes and mangrove stands." "Prohibit human -made alteration of sand dunes and mangrove stands." Chapter 16.01, §16.01.020 "Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of undeveloped lots located within an area covered by a valid plat recorded prior to November 28, 1977, shall convey any such lots to any other person unless he first provides for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015." "Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of undeveloped lots located within an area covered by a valid plat recorded prior to November 28, 1977, shall convey any such lots to any other person unless the owner first provides for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015." 100 SEWARD, ALASKA GENDER -NEUTRAL UPDATE JANUARY 20, 2026 Section in Code Gender Specific Words/Phrases Currently in the Code (11 / 19/25) City -Approved Change(s) for Gender Neutrality §16.01.030(2), (3) "Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys all of his lots to a single person" "Where the subdivider, owner, proprietor or developer of such undeveloped lots serves upon the city manager written notice of his intent to convey or construct" "Where a subdivider, owner, proprietor or developer of the undeveloped lots conveys all of their lots to a single person" "Where a subdivider, owner, proprietor or developer of such undeveloped lots serves upon the city manager written notice of their intent to convey or construct" §16.01.035 "The City Manager or his designee is hereby named as the administrative official (hereinafter referred to as "administrative official") relating to all actions taken by the Seward planning and zoning commission. The City Manager or his designee shall be responsible for:" "The City Manager or their designee is hereby named as the administrative official (hereinafter referred to as "administrative official") relating to all actions taken by the Seward planning and zoning commission. The City Manager or their designee shall be responsible for:" Chapter 16.05, §16.05.015(A) "The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this title when he has entered into the subdivision agreement with the city." "A subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this title when they have entered into the subdivision agreement with the city." 101 RESOLUTION 2026-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW 20-YEAR LAND LEASE WITH THE KENAI PENINSULA BOROUGH FOR THE GUN RANGE PROPERTY Documents: • Agenda Statement • Resolution 2026-008 • Attachments: o Borough Ordinance for the Lease o Land Use Agreement 102 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Deputy City Manager Subject: Resolution 2026-008: Authorizing the City Manager to Enter Into a New 20- Year Land Lease with the Kenai Peninsula Borough for the Gun Range Property Background and justification: The City of Seward leases the land from the Borough for the Gun Range Property. The current lease is for 20 years and expires at the end of March 2026. The lease cost is $1 per year. The approval for the new 20-year lease will go before the Borough in March and Administration wants to give official City authorization for the new lease. After the new lease is approved, Administration will schedule a discussion with Council to review the Conditional Use Permit (CUP) and management agreement of the land with Iron Mountain Gun Club. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.6.1 Improve, expand, and diversify...recreational opportunities for residents... Strategic Plan: Other: Total amount of funds listed in this legislation: $ 20.00 This legislation (✓): X 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 X $ 20.00 $ $ 103 Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Administration Recommendation X Adopt Resolution Other: 104 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW 20-YEAR LAND LEASE WITH THE KENAI PENINSULA BOROUGH FOR THE GUN RANGE PROPERTY WHEREAS, the City of Seward has leased the Gun Range Property from the Kenai Peninsula Borough for the last 20 years; and WHEREAS, the lease expires at the end of March 2026; and WHEREAS, the gun range is an important asset to the community; and WHEREAS, the City wants to continue to have access for the next 20 years by renewing the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to enter into a new 20-year lease with the Kenai Peninsula Borough for the gun range property. Section 2. This resolution shall take effect 30 days after approval. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) Sue McClure, Mayor 105 Introduced by: Mayor Date: 02/07/06 Hearing: 04/04/06 Action: Enacted as Amended Vote: 9 Yes, 0 No KENAI PENINSULA BOROUGH ORDINANCE 2006-07 AN ORDINANCE AUTHORIZING THE LEASE OF AN OUTDOOR SHOOTING RANGE FACILITY AT THE SEWARD SOLID WASTE FACILITY GROUNDS TO THE CITY OF SEWARD AT LESS THAN MARKET VALUE WHEREAS, in 1998 the Kenai Peninsula Borough entered into a lease pursuant to Ordinance 97-67 with the Seward American Legion for a shooting range on the cap of the old Seward Landfill; and WHEREAS, basic shooting range improvements have been made to the site including earthen safety berms and backstops; and WHEREAS, the American Legion terminated that lease while in good standing on December 31, 2005; and WHEREAS, the shooting range is an important public facility for the Seward Community and is necessary for local law enforcement firearms training among other public purposes; and WHEREAS, the administration has negotiated a new lease with the City of Seward under terms similar to the previous lease; and WHEREAS, the City of Seward has negotiated an operating agreement with the Iron Mountain Shooting Club for the on -site administration of the range; and WHEREAS, there is a demonstrated need for a safe, central, controlled shooting facility on the eastern Kenai Peninsula; and WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of February 27, 2006 recommended enactment by unanimous consent; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That leasing the S W 1 /4NE 1 /4NE 1 /4 and the S 1 /2NW 1 /4NE 1 /4NE 1 /4 Section 28, T1N, R1 W, S.M. to the City of Seward at less than market value, pursuant to KPB 17.10.100 (I) is in the best interest of the borough. The Assembly additionally makes an exception to KPB 17.10.110 (notice of disposition). These Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2006-07 Page 1 of 3 106 exceptions are based on the following findings of facts pursuant to KPB 17.1O.23O(A): 1. Special circumstances or conditions exist. A. The lease will continue a prior existing use of borough land. B. The proposed site is suitable for the proposed use. C. The purpose of the KPB 17.10.110 advertising requirement is to notify the public of an opportunity to purchase or lease KPB land, and advertising this negotiated lease to the City of Seward will not serve a useful purpose. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this chapter. A. The Seward community has made valuable property improvements that they want to preserve. B. The City of Seward relies on this shooting range facility for official law enforcement purposes. C. Maintaining a safe shooting area is in the borough's best interest, which is the basis for the code provision allowing negotiated leases and cooperative leases with another governmental entity. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. A. The proposed lease site is suitable for the proposed use. B. The previous shooting range activities have demonstrated compatibility with the site and other surrounding uses. C. The proposed public use of the facility benefits the health and safety of area residents by reducing the amount of unauthorized, unorganized, and uncontrolled shooting. D. A condition of the lease is that the borough reserves exclusive use and enjoyment of the approximately 2.7 acres within the leasehold boundary being the solid waste service roadway and all lands east of the service roadway. Ordinance 2006-07 New Text Underlined; [DEL Hp TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2of3 107 SECTION 2. Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100(D), (E), and (I) to enter a lease in substantially the form as the one attached for approval of the land described in Section 1 above to the City of Seward. The annual rental shall be $1.00 (one dollar) and the lease shall be for a term of 20 years subject to the terms and conditions of this ordinance and applicable provisions of KPB 17.10. Where this ordinance is inconsistent with the terms of this ordinance, KPB 17.10 controls. The authorization is for lease solely to the City of Seward, and it may not assign any rights to negotiate or enter an agreement for lease to any other person or entity. SECTION 3. KPB 17.10.120(D)(1) and (2) require a fmding that the lease is in the borough's best interest and a statement of the facts upon which the finding is based. The assembly hereby finds this lease to be in the best interest of the borough based on the facts set forth in Section 1 of this ordinance, paragraphs 1(A), 1(B), 2(A), 2(B), 2(C), 3(A), 3(B), 3(C), and 3(D). SECTION 4. SECTION 5. The City of Seward shall have 120 days from the date an offer is extended by the administration pursuant to this ordinance to accept the offer. The mayor is authorized to sign _any documents necessary to effectuate this ordinance. SECTION 6. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 4TH DAY OF APRIL, 2006. ATTEST: Sherry Biggs, Borh Cl Yes: No: Absent: Ron Long, Assembly P sident Chay, Fischer, Long, Germano, Gilman, Martin, Merkes, Sprague, Superman Kenai Peninsula Borough, Alaska New Text Underlined. [DELETED TEXT BRACKETED] Ordinance 2006-07 Page 3 of 3 108 -Dferff KPBL# 06-0604-00 KENAI PENINSULA BOROUGH REAL PROPERTY LEASE This LEASE (hereinafter "LEASE"), for good and valuable consideration, and pursuant to Ordinance 2c * 67 enacted 5/V aG , is made and entered into by and between the KENAI PENINSULA BOROUGH, Alaska municipal corporation whose address is 144 North Binkley Street, Soldotna, Alaska 99669, (hereinafter called "KPB"), and the City of Seward, an Alaska Municipal Corporation whose address is 410 Adams Street, Seward, Alaska 99664, (hereinafter called "LESSEE"). I. PURPOSE OF LEASE This Lease grants LESSEE use of the real property described in Section II below for the purpose of operating a public shooting range as further described in Section III. Development Plan. II. DESCRIPTION OF PROPERTY AFFECTED An outdoor shooting facility within the Seward Solid Waste Facility grounds more particularly described as follows: SW1/4NE1/4NE1/4 and the S1/2NW1/4NE1/4NE1/4 Section 28, T1N, R1W, S.M. Alaska Subject to the following reservations: The Kenai Peninsula Borough reserves exclusive use and enjoyment of the approximately 2.7 acres being the solid waste service roadway and all lands east of said service roadway as shown on attachment A (the "Property"). III. TERMS AND CONDITIONS SPECIFIC TO LEASE BETWEEN KPB AND THE CITY OF SEWARD 1. Lease Term. This Lease is for a term of 20 years commencing April 26, 2006 and terminating March 31, 2026 unless sooner terminated. 2. Lease Rental. The annual lease rental for the term of this Lease is $1.00. 3. Development Plan. This Lease requires a development plan per KPB 17.10.140(B). A development plan submitted by LESSEE is subject to approval from both the KPB Planning Department and Solid Waste Department. A development plan establishes the KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 1 OF 10- 109 mutual understanding between KPB and LESSEE as to how the Property will be used and improved by the LESSEE. Jt' a development plan references or relies on a third -party operating agreement, such operating agreement shall be apart of the development plan. A development plan may be updated or amended from time to time, subject to KPB's approval, LESSEE's Operating Agreement and Development Plan is attached hereto and incorporated by reference. 4. Priority Given to KPB Solid Waste Activities. KPB activities upon the Seward Solid Waste Facility grounds include stockpiling, sorting recycling, burying, crushing burning, blasting, composting and hauling materials; landscaping and erosion control; landfill post closure site work and monitoring; and daily operations of a waste transfer facility. These activities result in public traffic and heavy equipment operating throughout the site and other operations that require constant safety controls. KPB's activities and safety concerns on this site and upon the Property are superior to the LESSEE's interests granted by this lease. LESSEE must control all activities in a manner to avoid interference with KPB's primary activities. The borough may require LESSEE to install fencing or take other measures to ensure its use remains compatible with the boroughs. The KPB Solid Waste Department reserves the right to add stipulations as needed to ensure the continued safe and efficient operations on at the site. Additionally the Solid Waste Department may at any time close off any portion of the Property to shooting range use when necessary to perform Landfill Post Closure site work, monitoring, or other activities. 5. Access and Parking. LESSEE shall access the Property along the gated roadway, beginning at the gate southwest of the transfer facility building. LESSEE shall maintain the gate and lock for this road. No parking shall be allowed upon the access road. 6. Land Fill Cap Damage Prevention. The Property is situated atop a landfill cap. LESSEE shall take all necessary precautions to prevent damage to the landfill cap. Range berms may be developed only above the existing ground elevation. Buried waste cannot be exposed and grass and trees shall not be disturbed installation of anchors, posts or other activities which require boring into the ground must first be approved in writing by the KPB Solid Waste Department. 7. General Responsibilities. LESSEE shall provide for its own sanitation, power and water and shall collect its litter, shells, casings and other materials resulting from range activities on a weekly basis LESSEE shall have a qualified designated range master supervising all range activities and enforcing range rules LESSEE shall perform all access road repair, maintenance, and snow removal; fencing; keep culverts and drainage ditches open to prevent ponding or erosion; and other work to keep the site in good condition. Borough facilities, equipment, fencing, monitoring wells, etc, shall not be disturbed or damaged and, if damaged shall be immediately repaired or replaced by LESSEE. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 2 OF 10- 110 8. Contamination. The Borough acknowledges the presence of the landfill on the Property and the fact that the Property has been used as a shooting range for many years. LESSEE is not responsible for any prior use of the Property. Soil or water contamination resulting from range activities during the term of this Lease shall be remediated by LESSEE. 9. Public Use. LESSEE agrees to allow the general public use of the range facilities. Such public use shall be restricted to those hours during which a range master designated by LESSEE is on the leasehold premises and available for supervision. LESSEE shall ensure all range users are informed of range rules, safety standards, and lease restrictions. LESSEE shall keep gate locked to prevent unauthorized access. 10. Conflict with Solid Waste Operations. KPB may cancel the lease with 30 days written notice if lease activities unavoidably interfere with transfer site operations or if KPB must conduct site work that requires the Property to be vacated. In the event that LESSEE does not abide by the conditions set forth in this lease, KPB can immediately halt range activities until all corrective action is taken. IV. TERMS AND CONDITIONS CONTAINED IN KPB CODE SECTION 17.10.240 1. Assignments. LESSEE may assign this Lease only if approved in advance by KPB. Applications for assignment shall be made in writing on a form provided by the Land Management Division. The assignment shall be approved if it is found that all interests of KPB are fully protected. The assignee shall be subject to and governed by the provisions of this agreement and laws and regulations applicable thereto. 2. Termination. Upon termination of this Lease, LESSEE covenants and agrees to return the property to KPB in a neat, clean and sanitary condition, and to immediately remove all items of personal property subject to the terms and conditions of paragraph 11 below. All terms and conditions set out herein are considered to be material and applicable to the use of the property under this Lease. Subject to the following, in the event of LESSEE's default in the performance or observance of any of the Lease terms, conditions, covenants and stipulations thereto, and such default continues thirty (30) calendar days after written notice of the default, KPB may cancel this lease, or take any legal action for damages or recovery of the property. No improvements may be removed during the time in which the Lease is in default. In the event LESSEE breaches any provisions prohibiting the release of hazardous chemicals, hazardous materials or hazardous waste upon the Property, and fails to immediately terminate the operation causing such release upon notice from KPB, then KPB may immediately terminate this Lease without further notice to LESSEE. Either party may terminate this Lease for convenience upon 30 days written notice to the other party. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 3 OF 10- 111 3. Cancellation. At any time that this lease is in good standing it may be canceled in whole or in part upon mutual written agreement by the LESSEE and either the KPB Mayor or Planning Director. This Lease is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. 4. Conditional Contract. This Lease is issued on a conditional basis and shall be canceled in whole or in part in the event KPB is denied title to the Property. Payment made by the LESSEE on the land to which title is denied KPB shall be refunded in whole or in part to the agreement holder of record and any properly recorded lien holder, if any, jointly. However, KPB shall in no way be liable for any damage that may be done to the Property by the LESSEE or liable for any claim of any third party, or to any claim that may arise from ownership. In the event the Borough does receive title to the Property, the conditional agreement shall then have the same standing, force and effect as non - conditional agreements issued under any regulations of KPB 17.10. 5. Entry or Re -Entry. In the event that the Lease is terminated, canceled or forfeited, or in the event that the Property, or any part thereof, should be abandoned by the LESSEE during the agreement term, KPB or its agents, servants or representative, may immediately or any time thereafter, enter or re-enter and resume possession of the Property or such part thereof, and remove all persons and property thereof either without judicial action where appropriate, by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefore. Entry or re- entry by KPB shall not be deemed an acceptance of surrender of the Lease. 6. Fire Protection. LESSEE shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the Property is located. 7. Hazardous Materials and Hazardous Waste. Storage, handling and disposal of hazardous waste shall not be allowed on lands under lease from KPB per KPB Code, Section 17.10.240(H). LESSEE shall comply with all applicable laws and regulations concerning hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein. In no event may LESSEE utilize underground storage tanks for the storage or use of hazardous chemicals or other hazardous materials. Should any hazardous chemicals or hazardous materials of any kind or nature whatsoever, or hazardous wastes be released upon the subject lands during the term of this lease, LESSEE shall IMMEDIATELY report such release to the KPB Planning Director and to any other agency as may be required by law, and LESSEE shall, at its KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 4 OF 10- 112 own cost, assess, contain and clean up such spilled materials in the most expedient manner allowable by law. As used herein, "hazardous chemical" means a chemical that is a physical hazard or a health hazard. As used herein, "hazardous material" means a material or substance, as defined in 49 C.F.R. 171.8, and any other substance determined by the federal government, the state of Alaska or KPB, to pose a significant health and safety hazard. As used herein, "hazardous waste" means a hazardous waste as identified by the Environmental Protection Agency under 40 C.F.R.261.3, and any other hazardous waste as defined by the federal government, the state of Alaska or KPB. The covenants and obligations described in this article shall survive the termination of this Lease 8. Full and Final Agreement. This Lease constitutes the full and final agreement of the parties hereto and supersedes any prior or contemporaneous agreements. This Lease may not be modified orally, or in any manner other than by an agreement in writing and signed by both parties or their respective successors in interest. LESSEE avers and warrants that no representations other than those contained within this Lease have been made with the intention of inducing execution of this Lease. 9. Notice. Any notice or demand, which under the terms of this Lease must be given or made by the parties hereto, shall be in writing, and given or made by registered or certified mail, addressed to the other party at the address shown in this section. However, either party may designate in writing such other address to which such notice of demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office by the addressor. All notices shall be sent to both parties and the Solid Waste Department as follows: LESSOR Kenai Peninsula Borough Planning Director 144 N. Binkley Soldotna, AK 99669-7599 Solid Waste Dept. 47140 East Poppy Ln. Soldotna, AK 99669 LESSEE City of Seward City Manager 410 Adams St P.O. Box 167 Seward, AK 99669 10. Notice of Default. Notice of the default, where required, will be in writing and as provided in the Notice provision of this Lease. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 5 OF 10- 113 11. Removal or Reversion of Improvements Upon Termination of Lease. a. Improvements on the Property owned by LESSEE shall, within thirty calendar days after the termination of the Lease, be removed by LESSEE, provided such removal will not cause injury or damage to the land; and further provided that the Mayor, or Planning Director when applicable, may extend the time for removing such improvements in cases where hardship is proven. The LESSEE may dispose of its improvements to a succeeding lessee with the consent of the KPB mayor. b. If any improvements and/or chattels having an appraised value in excess of ten thousand dollars, as determined by a qualified appraiser, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the LESSEE under the terminated or canceled Lease, be sold at public sale under the direction of the mayor and in accordance with the provisions of KPB Code, Chapter 5. The proceeds of the sale shall inure to the LESSEE who placed such improvements and/or chattels on the lands, or its successors in interest, after paying to KPB all monies due and owing plus all costs, fees and expenses incurred in storing the goods and making such a sale In case there are no other bidders at any such sale, the KPB mayor is authorized to bid, in the name of such improvements and/or chattels. The bid money taken from the fund to which said lands belong, and the fun al receive all moneys or other value subsequently derived from t s or leasing of such improvements and/or chattels. KPB shall acquire all rights, both legal and equitable, that any other purchaser could acquire by reason of the purchase. c. If any improvements and/or chattels having an appraised value of ten thousand dollars or less, as determined by KPB mayor, are not removed within the time allowed, such improvements and/or chattels shall revert and absolute title shall vest in KPB. Upon request, the purchaser, lessee, or permittee shall convey said improvements and/or chattels by appropriate instrument to KPB. 12. Rental for Improvements or Chattels not Removed. Any improvements and/or chattels belonging to the LESSEE or placed on the land during its tenure with or without its permission and remaining upon the premises after the termination of the LEASE shall entitle KPB to charge a reasonable rent therefore. 13. Resale. In the event that this Lease should be terminated, canceled, forfeited or abandoned, KPB may offer the Property for sale, se or other appropriate disposal pursuant to the provisions KPB Code, Chapter 17.10 or other applicable regulations. If the Property is not immediately disposed of, then said land shall return to the Land Bank. 14. Responsibility of Location. It shall be the responsibility of the LESSEE to properly locate its self and its improvements on the Property. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 6 OF 10- 114 15. Liens and Mortgages. LESSEE shall not cause or allow any liens of any kind or nature whatsoever to attach to the Property during the term of this Lease, except in connection with financing transactions as discussed below. In the event that any prohibited lien is placed against the property, LESSEE shall immediately cause the lien to be released. LESSEE shall immediately refund to KPB any monies that KPB may, at its sole discretion, pay in order to discharge any such lien, including all related costs and a reasonable sum for attorney's fees. For the purpose of interim or permanent financing of improvements to be placed upon the Property, and for no other purpose, LESSEE, after giving written notice thereof to KPB, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, LESSEE's interest in the Property and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in KPB's title to or interest in the Property. Any such encumbrance shall be entirely subordinate to KPB's rights and interest in the Property. A leasehold mortgagee, beneficiary of a deed of trust or security assignee shall have and be subrogated to any and all rights of the LESSEE with respect to the curing of any default hereunder by LESSEE. In the event of cancellation or forfeiture of this Lease for cause, the holder of a properly recorded mortgage, deed of trust, or assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the same terms and conditions as in the original instrument. 16. Easements and Rights -of -Way. This Lease is subject to all easements, rights -of -way, covenants and restrictions of which LESSEE has actual or constructive notice KPB reserves and retains the right to grant additional easements for utility and public access purposes across the property and nothing herein contained shall prevent KPB from specifically reserving or granting such additional easements and rights -of -way across the Property as may be deemed reasonable and necessary. All trails or roads existing at the time this Lease is executed shall be considered an easement for public use. As the parties agree that this is a reserved right which is reflected in the annual lease rental, in the event that KPB grants future additional easements or rights -of -way across the property, it is agreed and understood that LESSEE shall receive no damages for such grant. As established by AS 38.05, KPB lands sold or leased may be subject to a minimum fifty -foot public access easement landward from the ordinary high water mark or mean high water mark. 17. Sanitation. LESSEE shall comply with all laws, regulations or ordinances promulgated for the promotion of sanitation. The Property shall be kept in a clean and sanitary condition and every effort shall be made to prevent pollution of the waters and lands. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 7 OF 10- 115 18. Subleasing. No LESSEE may sublease lands or any part thereof without written permission of the mayor when applicable. A sublease shall be in writing and subject to the terms and conditions of the original lease. KPB hereby consents to the Operating Agreement and Development Plan attached hereto. 19. Violation. Violation of any of the terms of this Lease may expose LESSEE to appropriate legal action including forfeiture of lease/purchase interest, termination, or cancellation of its interest in accordance with state law. 20. Non -Waiver Provision. The receipt of payment by KPB, regardless of KPB's knowledge of any breach by LESSEE, or of any default on the part of the LESSEE in observance or performance of any of the conditions or covenants of this LEASE, shall not be deemed to be a waiver of any provision of the LEASE. Failure of KPB to enforce any covenant or provision herein contained shall not discharge or invalidate such covenant or provision or affect the right of KPB to enforce the same in the event of any subsequent breach or default. The receipt by KPB of any payment of any other sum of money after notice of termination after the termination of the agreement for any reason, shall not reinstate, continue or extend the agreement, nor shall it destroy or in any manner impair the efficacy of any such notice of termination unless the sole reason for the notice was nonpayment of money due and the payment fully satisfies the breach. V. GENERAL TERMS AND CONDITIONS 1. Waste. LESSEE shall not commit waste or injury upon the Property. 2. Safety. LESSEE shall be solely responsible for maintaining the Property in a safe and fit condition, including without limitation snow and ice removal from all improvements and areas on the Property developed or used for pedestrian traffic 3. Compliance With Laws. The LESSEE agrees to comply with all applicable federal, state, borough and local laws and regulations. 4. Inspections. LESSEE shall allow KPB through its duly authorized representative, to enter and inspect the Property at any reasonable time, with or without advance notice to LESSEE, to ensure compliance with the terms and conditions of this Lease. KPB's right to enter and inspect shall be exercised at KPB's sole discretion and the reservation or exercise of this right, and any related action or inaction by KPB, shall not in any way impose any obligation whatsoever upon KPB, and shall not be construed as a waiver of any rights of KPB under this Lease. 5. Indemnification and Liability Insurance. a. Indemnification and Hold Harmless. The LESSEE shall indemnify, defend, save and hold KPB, its elected and appointed officers, agents and employees, harmless KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 8 OF 10- 116 from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from LESSEE'S performance or failure to perform in accord with the terms of this Lease in any way whatsoever The LESSEE shall be responsible under this clause for any and all claims of any character resulting from LESSEE or LESSEE'S officers, agents, employees, partners, attorneys, suppliers, and subcontractors performance or failure to perform this Lease in any way whatsoever This defense and indemnification (responsibility includes claims alleging acts or omissions by KPB or its agents, which are said to have contributed to the losses, failure, violations, or damage However, LESSEE shall not be responsible for any damages or claims arising from the sole negligence or willful misconduct of KPB, its agents, or employees. b. Liability Insurance. LESSEE, or its assign, shall purchase at its own expense and maintain in force at all times during the term of this Lease Comprehensive General Liability Insurance, which shall include bodily injury, personal injury, and property damage with respect to the Property and the activities conducted by the LESSEE in which the coverage shall not be less than $1,000,000 per occurrence. The policy purchased shall name LESSEE, or its assign, as the insured and KPB as an additional insured, and shall also require the insurer to provide KPB with thirty (30) days or more advance written notice of any pending cancellation or change in coverage. c. Proof of Insurance. At the time of executing this LEASE, at the time of each renewal of insurance, LESSEE shall deliver to the KPB Planning Director certificates of insurance meeting the above criteria. 6. Property Taxes. LESSEE shall timely pay all real property taxes, assessments and other debts or obligations owed to KPB. Pursuant to KPB Code, Section 17 10 120(F) this Lease will terminate automatically should LESSEE become delinquent in the payment of any such obligations. 7. Jurisdiction. Any suits filed in connection with the terms and conditions of this Lease, and of the rights and duties of the parties, shall be filed at Kenai, Alaska and shall be governed by Alaska law. 8. Savings Clause. Should any provision of this Lease fail or be declared null or void in any respect, or otherwise unenforceable, it shall not affect the validity of any other provision of this Lease or constitute any cause of action in favor of either party as against the other. 9. Binding Effect. It is agreed that all covenants, terms and conditions of this Lease shall be binding upon the successors, heirs and assigns of the original parties hereto. 10. Authorization to Sign. LESSEE warrants that the person executing this agreement is authorized to do so on behalf of the City of Seward. KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 9 OF 10- 117 CITY OF SEWARD Ce6 Y-7-01, Clark Corbridge � City Manager ATTEST: �.s 0� SE4V fil• •.�� 170° . Vim•C -Jean 1 @veis • E. •S , 1erf,e�E r1 is we yr orki i� T� OF P�►Q;Y srr XTE OF ALASKA KENAI PEN BQROUGH OP,/ wievA A isms J.W ayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holly B. Montague Assistant Borough Attorney NOTARY ACKNOWLEDGEMENT )ss. THIRD JUDICIAL DISTRICT The foregoing was acknowledged before me this .4,4 — dayof L 20a0 , by Clark Corbridge, City Manager of the City of Seward, an Alaska municipal corporation, for and on behalf of the corporation. STATE OF ALASKA O11I II1/// `���yP�SK� R����i •� °„�•� err— ="- scion Expo' • I///1611110 )ss. THIRD JUDICIAL DISTRICT ) Notary Public in and for Alas My commission expires: Oq-a6 -act)? WLEDGEMENT The foregoing was acknowledged before me this o?1` -" day of , by John J. Williams, Mayor of the Kenai Peninsula Borough, an A T k municipal corporation, for and on behalf of the corporation. OFFICIAL SEAL STATE OF ALASKA BEVERLEY S. DOVE NOTARY PUBLIC My Comm. Exp.: 22-47 otary Public n and for Alaska My commiss n expires: -tea-' KENAI PENINSULA BOROUGH REAL PROPERTY LEASE APRIL 2006 -PAGE 10 OF 10- 118 Attachment A Outdoor Shooting Facility within the Seward Solid Waste Facility grounds Subject to KPBL 9-1:14-00O __ _ 46 Legend Boundary Shooting Facility Reserved to KPB Parcels Section Lines • SW1/4NE1/4NE1/4 and the S1/2NW1/4NE1/4NE1/4 Section 28, T1 N, R1 W, S.M. Alaska with approximately 2.3 acres being reserved Date: January 9, 2006 for exclusive use and enjoyment by KPB Created By: Marcus A. Mueller Title: Land Management Agent as shown in yellow Phone:907.714.2204 Email: mmueller©borough.kenai.ak.us 119 SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN This Shooting Range Operating Agreement & Development Plan ("Agreement") is made and entered into this/? day of Ap,, ' ( , 2006 by and between the City of Seward, Alaska a municipal corporation located within the Kenai Peninsula Borough and oranized under the laws State of Alaska ("City") and Iron Mountain Shooting Club, a vi or iaeorMto do business in Alaska, whose address is �; c X Z ("Operator"). WITNESSETH WHEREAS, the City wishes to enter into an agreement with an independent contractor to provide operator services for an outdoor shooting range facility at the Seward Solid Waste Facility grounds; and WHEREAS, the Operator represents that it has qualifications sufficient to operate and manage an outdoor shooting range facility; NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the parties agree as follows: 1.0 DEFINITIONS. 1.1 "Agreement" shall mean this Shooting Range Operating Agreement and Development Plan. 1.2 "Borough" shall mean the Kenai Peninsula Borough, Alaska. 1.3 "City" shall mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean the City of Seward City Manager and include any successor or authorized representative. 1.5 "Environmental Law" shall mean any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 1 OF 8- 120 1.6 "Facility" shall mean the outdoor shooting range on the Property. 1.7 "Hazardous Material" shall mean any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" under any Environmental Law. Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. 1.8 "Lease" shall mean the Real Property Lease dated 2�i 2 we p y �' between the Kenai Peninsula Borough, as landlord, and the City of Seward as lessee covering the Property. 1.9 "Operations" shall mean the operation and management of the Facility. 1.10 "Property" shall mean the real property described in Section 2 of this Agreement. 2.0 DESCRIPTION OF THE PROPERTY. The Property which is the subject of this Agreement is more particularly described as: 06 V4 SW1/4NE1/4NE1/4 and the S1/2NW1/4NE1/4,Section 28, T1N, R1W, S.M., Seward Recording District, Third Judicial District, State of Alaska. 3.0 TERM. The term of this Agreement shall commence on 4c, 41 ) 7, 2006 and end on Apt " / j [one day less than 5 years] 2011 and shall continue from year to year unless earlier termi ated or extended as provided in this Agreement. 4.0 CONSIDERATION. In consideration for providing the operational services described in this Agreement, the Operator shall be permitted to use the facility for its members. 5.0 OPERATIONS. The Operator shall manage and operate the Facility in accordance with the Lease and this Agreement, and shall be fully responsible for all Operations including: 5.1 Operate, manage and administer the Facility on the Property in accordance with the Lease. The Operator will have a certified range master on the Property during Operation. 5.2 Operations will be in accordance with National Rifle Association ("NRA") standards and guidelines and the best management practices for lead in outdoor shooting ranges established by the Environmental Protection Agency in document EPA-902-B-01-001, each as amended from time to time. 5.3 The Operator expressly assumes all responsibility, risk and liability of the City as described in the Lease. SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 2 OF 8- 121 5.4 No alcohol is permitted on the Property, and the Operator will not allow anyone on the Property who is under the influence of alcohol. 5.5 Operator shall maintain the berms and fencing on the Property and shall keep the fence locked unless a certified range master is present. The value of these improvements is estimated by the Operator to be approximately $ y'J 5.6 Notwithstanding any other requirements, Seward police officers may use the Property for training at all reasonable times. 6.0 COMPLIANCE WITH LAWS. The Operator shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive order, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Operator, the City, or the Services which may be in effect now or during performance of the Services. The Operator shall indemnify and save harmless the City and all its officers, agents, and employees against any claim or liability from or based upon the violation of any such law, ordinance, rule, regulation, order, or decree whether such violation be the result of conduct by the Operator, its agents, invitees or employees. 7.0 INDEMNIFICATION AND INSURANCE. 7.1 Indemnification and Hold Harmless. The Operator shall indemnify, defend, save and hold the Borough, and the City, their elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from the Operator's performance or failure to perform in accord with the terms of this Agreement in any way whatsoever. The Operator shall be responsible under this clause for any and all claims of any character resulting from the Operator or the Operator's officers, agents, and employee's performance or failures to perform this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the Borough, the City or their agents, which are said to have contributed to the losses, failure, violations, or damage. However, the Operator shall not be responsible for any damages or claims arising from the sole negligence or willful misconduct of the Borough, the City their agents, or employees. 7.2 Liability Insurance. The Operator shall purchase at its own expense and maintain in force at all times during the term of this Agreement Comprehensive General Liability Insurance, which shall include bodily injury, personal injury, and property damage with respect to the Property and the activities conducted by the Operator in which the coverage shall not be less than $1,000,000 per occurrence. The policy purchased shall name the Operator as the insured and the City and the Borough as additional insured, and shall also require the insurer to provide the City and the Borough with thirty (30) days or more advances written notice of any pending cancellation or change in coverage. SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 3 OF 8- 122 7.3 Proof of Insurance. At the time of executing this Agreement, and at the time of each renewal of insurance, the Operator shall deliver to the City and to the Borough Planning Director certificates of insurance meeting the above criteria. 7.4 Deductibles. Any deductibles or exclusions in coverage will be assumed by the Operator, for account of, and at the sole risk of the Operator. 7.5 Revisions. The minimum amounts and types of insurance provided by the Operator shall be subject to revision at the City's request in order to provide continuously throughout the term of this Agreement a level of protection consistent with good business practice and accepted standards of the industry. 8.0 ENVIRONMENTAL CONCERNS. 8.1 Condition of Site. Operator has operated a shooting range facility on the Property for years and had full opportunity to examine the Property for the presence of any Hazardous Material and accepts the Property in "as is" condition. 8.2 Release of City. Any other provision of this Agreement to the contrary notwith- standing, Operator releases City from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, or after the term of this Agreement, and resulting from the use, keeping, storage or disposal of Hazardous Material on the Property by Operator, or arising out of or resulting from Operations at the Property under this Agreement or any prior use of the Property by Operator or Operator's assignees or predecessors in interest, except for those claims arising out of the City's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Property or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. 8.3 Use of Hazardous Materials on the Site. In addition to the terms of the Lease, Operator agrees to comply with the following: i. Operator shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Property except for such Hazardous Material as is necessary to conduct Operations. ii. Any Hazardous Material permitted on the Property as provided in this paragraph, and all containers therefore, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. In addition, Operator shall SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 4 OF 8- 123 comply with EPA-902-B-01-001 as it now exists and may be amended from time to time. iii. Operator shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Property or elsewhere; or (b) condition, use or enjoyment of the Property or any other area or personal property. iv. Operator hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Property, and Operator shall give immediate notice to City of any violation or potential violation of the provisions of this paragraph. 8.4 Indemnification of City. Any other provision of this Agreement to the contrary notwithstanding, Operator shall defend, indemnify and hold City harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i. The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Property, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii. Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Property; iii. Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Property; and/or iv. Any violation of any laws applicable thereto; provided, however, that this section shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur during the term of this Agreement; (2) arise in whole or in part from the use of, operations on, or activities on the Property by Operator or Operator's employees, agents, invitees, authorized representatives, or any other persons; or (3) occurred during the term of any prior use of any portion of the Property previously used by Operator, its assignees, affiliates, or predecessors in interest. The provisions of this section shall be in addition to any other obligations and liabilities Operator may have to City at law or equity and shall survive and shall survive the termination of this Agreement. SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 5 OF 8- 124 8.5 Facility Operator. For all purposes, Operator shall be deemed the operator of Facility. 9.0 PERMITS AND REPORTING. 9.1 Permits Required by Other Governmental Agencies. Operator shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to City prior to Operator commencing work under this Agreement. Operator shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The City, through the City Manager, may order Operator to immediately cease any operations or activities on the Property if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this Agreement. 9.2 Correspondence With and Reports to Environmental Agencies. Operator shall immediately provide City with copies of all correspondence and notices, including copies, of all reports between the Operator and any state, federal or local government or agency regulating Hazardous Material which relates to Operator's operations on or use of the Land. 10.0 GOVERNING LAW. This Agreement will be governed by, construed, and enforced in accordance with the laws of Alaska. 11.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy conferred under this Agreement shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 12.0 SAFETY/PERFORMANCE. The Operator shall perform all Operations in a safe and worker like manner. The Operator shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 13.0 SUSPENSION OR TERMINATION. 13.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. 13.2 Convenience Suspension or Termination. The parties acknowledge that this Agreement is subject to the Lease and shall terminate immediately upon SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 6 OF 8- 125 termination of the Lease. In addition, the City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. 14.0 EQUAL EMPLOYMENT OPPORTUNITY. The Operator shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Operator shall take affirmative action required by the law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 15.0 NO ASSIGNMENT OR DELEGATION. The parties acknowledge that the Operator was selected based on particular demonstrated experience in operating the Facility. The Operator may not assign or delegate this Agreement, or any part of it. 16.0 INDEPENDENT CONTRACTOR. The Operator shall be an independent contractor in the performance of work under this Agreement, and shall not be an employee or agent of the City. 17.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, Operator shall pay all applicable federal, state and local taxes incurred by the Operator in the performance of this Agreement. 18.0 PRECEDENCE AND DIVISIBILITY. This Agreement, the Lease and any resolutions adopted in relation thereto, contain the entire agreement between the parties as to the Operations to be performed by the Operator. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 19.0 TIMELINESS OF PERFORMANCE. The Operator shall perform all Operations in a timely fashion. 20.0 CLAIMS AND DISPUTES. All claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be filed in the Superior Court for the State of Alaska in Anchorage. 21.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if they shall be sent by the parties in the United States mail, postage paid, to the address noted below: SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 7 OF 8- 126 City of Seward P.O. Box 167 Seward, Alaska 99664 Iron Mountain Shooting Club Zo 1 Sscantcva A c1966 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF SEWARD IRON MOUNTAIN SHOOTING CLUB Y4)1e_ Clark Corbridge City Manager •(0.14 ',JAZ Dated: 4'7— 0.b ATTEST: Lewis, C ty Clerk Dated: 4-7 sE►1r eve* `A ...... yes 01, (City Seal) i • O SEAL • 0 1 ▪ • • ▪ °� • e a :ss+s1••vGNE 1 i?..' #dip Opiik By:mo d b e_,r f- ) , (,v Its: C.-c..6 F{,e5 idekt,- Dated: 3/ 1 7 6 4 A tc veCf per Secffo►• ICE 3 of Lease. KPBC# (76-0(005/ KM Pl4nn;/1 DeparfMe.#: 08 sot;tf (42s4e. bfartmenf: e_.a.Ly ?4r1,11V bir4cfe f' alir y ater j at;et WaSke &2cfor S'orLovg le /y tfrieSt SHOOTING RANGE OPERATING AGREEMENT & DEVELOPMENT PLAN APRIL 2006 -PAGE 8 OF 8- 127 RESOLUTION 2026-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH AK BUILT CONSTRUCTION & DESIGN, LLC FOR THE RENOVATION OF BOARDWALK BETWEEN RAY'S AND KENAI FJORD TOURS IN THE AMOUNT OF $147,260 Documents: • Agenda Statement • Resolution 2025-009 • Attachments: o Notice of Intent to Award o AK Built Construction & Design, LLC Agreement 128 Meeting Date: To: Through: From: Subject: City Council Agenda Statement January 26, 2026 City Council Kat Sorensen, City Manager Tony Sieminski, Harbormaster Resolution 2026-009: Authorizing the City Manager to Enter into Agreement with AK Built Construction & Design, LLC for the Renovation of Boardwalk Between Ray's and Kenai Fjord Tours in the Amount of $147,260 Background and justification: The City of Seward has access to the Commercial Passenger Fee (CPV) Fund for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board those vessels, which is administered by the Kenai Peninsula Borough. This section of boardwalk was in various stages of rot and decay and is heavily used during the busy summer season by visitors and local alike. It was decided to release an RFP in search of qualified contractors to renovate or replace this section of boardwalk. Our intent is to improve harbor facilities/amenities that will enhance our user's experience. A committee evaluated and scored three separate proposals based on the criteria of Complete Project Proposal, Statement of Qualifications, References, Clarity of Proposal/Amenities and Cost. After the evaluation process it was determined and now recommended by the committee that AK Built & Design, LLC to be the successful proposer to complete the necessary repairs/construction to this section of boardwalk for the cost of $147,260. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1 Maintain a thriving Port and Harbor Strategic Plan: Economic base Other: Total amount of funds listed in this legislation: $ 0 129 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 $ 147,260.00 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water X Yes Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 5� Attorney Signature: Not applicable Comments: Attorney Review Administration Recommendation X Adopt Resolution Other: 130 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AK BUILT CONSTRUCTION & DESIGN, LLC FOR THE RENOVATION OF THE BOARDWALK BETWEEN RAY'S AND KENAI FJORD TOURS IN THE AMOUNT OF $147,260AND APPROPIATED FUNDS WHEREAS, the City of Seward has access to funds allocated from the Commercial Vessel Tax (CPV) Fund to be used for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers onboard those vessels; and WHEREAS, it was determined this section of boardwalk needed repair as it is heavily used during the busy summer months by both visitors and locals; and WHEREAS, an RFP was issued on November 14, 2025, requesting proposals from qualified contractors to renovate or replace this section of boardwalk; and WHEREAS, we had three qualified proposals by December 16, 2025, submission deadline which were evaluated and scored by a committee; and WHEREAS, on December 23, 2025, it was determined that AK Built Construction & Design, LLC proposal in the amount of $147,260 was the best value to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with AK Built Construction and Design, LLC in the amount of $147,260.00, for the 2025 Seward Harbor Boardwalk Renovation/Replacement Project Phase 1. Section 2. Funding in the amount of $147,260 is hereby transferred and appropriated on the Harbor CPV KPB Fund 11113-0000-8101. Section 3. This resolution shall take effect immediately upon its adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. Sue McClure, Mayor 131 CITY OF SEWARD, ALASKA RESOLUTION 2026-009 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 132 CITY OF SEWARD P. O. Box 167 1300 4° Avenue Seward, Alaska 99664 December 28, 2025 Mr. Robert Colles AK Built Construction & Design, LLC 10421 VFW Drive, Suite 202 Eagle River, AK 99577 NOTICE OF INTENT TO AWARD Dear Mr. Colles, Harbor Department 907.224 3138 907.224.7187 fax harbormaster@cityofseward.net www.cityofsewanl.nerffhor Thank you for submitting your Proposal in the amount of $147,260.00 for the Harbor Boardwalk Renovation/Replacement for the City of Seward as outlined in our Request for Proposals dated November 14, 2025. Please look over the attached contract, return the signed contract, insurance documents naming the City of Seward as additional insured, business licenses and Borough tax compliance certificate to the address below. I will be taking the contract before the Seward City Council on January 26, 2026 for their approval. If you would return the above documents prior to January 15, 2026. Upon council approval I will send you a Notice to Proceed, the contract will start on February 1, 2026. I look forward to working with you and your associates on this project. Sincerely, • Tony S eminski Harbormaster PO Box 167 Seward AK, 99664 133 "Providing Quality So -vices Through Teamwork and Continuous Improvement" Professional Services Agreement with AK Built Construction and Design, LLC for the 2025 Boardwalk Renovation/Replacement Project Phase 1 This AGREEMENT, made and entered into this 1st day of February 2026 by and between the CITY OF SEWARD, a home rule municipal corporation organized under the laws of the State of Alaska, hereinafter referred to as the "City," and AK Built Construction and Design, LLC authorized to do business in Alaska, with offices located at 10421 VFW Drive, Suite 202, Eagle River, Alaska 99577 hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide construction services for the design and building of a boardwalk location in Seward, Alaska; and WHEREAS, AK Built Construction and Design, LLC submitted a proposal asserting it is able to perform these services in a professional and timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Bid Proposal Exhibit B — City's request for proposals dated November 13, 2025. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Tony Sieminski and include any successor or authorized representative. 1.5 "Project" shall mean design and construction of Boardwalk located between Ray's Waterfront and Kenai Fjords Tours in Seward, Alaska and as described in the City's RFP issued November 13, 2025. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes Professional Servies Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project phase 0 0 thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The City agrees to pay Contractor on a lump sum basis in the amount of $147,260.00. The City shall pay, for work completed to the City's satisfaction, within 30 days after receiving each monthly invoice submitted by the Contractor. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractors Proposal, Exhibit A, to provide professional services based on approved standards and instructions, as described in Exhibit B This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion of all work described herein shall be as follows: May 31, 2026 - fully executed 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Robert Colles 6.2 Changes in Kev Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 2 of 8 135 r r adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the Boardwalk Project by May 31, 2026 Contractor shall pay as liquidated damages and not as penalty $200.00 per day for each day after May 31, 2026 the Boardwalk Project is not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phose of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies, and any extension or renewals thereof, must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 3 of 8 0 0 d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The types of insurance provided by the Contractor shall provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS. TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 4 of 8 137 r r occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. Professional Services Agreement — 2025 Harbor Boardlal5 Renovation/Replacement Project Phase 1 Page 5 of 8 0 0 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, martial status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 6 of 8 139 r r any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. Professional Services Agreement — 2025 Harbor BoardlIK fbenovation/Replacement Project Phase 1 Page 7 of 8 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward City Manager P.O. Box 167 Seward, Alaska 99664-0167 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF SEWARD By: Kathleen Sorensen By: Title: City Manager Title: Date: Date: 7, ATTEST: Kris Peck, CMC City Clerk (city seal) 1117ces143371f015Agreements\Profcsaional Services Agreement R&M 2013 SyncrolikDoc Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 8 of 8 141 RESOLUTION 2026-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL FROM R&M CONSULTANTS, INC. FOR THE DESIGN, ENGINEERING, AND CONSTRUCTION FOR THE NEW HARBORMASTER'S FACILITY AND SOUTH HARBOR UPLANDS DEVELOPMENT FOR A TOTAL PROJECT COST OF $13,949,252 AND TO EXECUTE TASK ORDER 38 IN AN AMOUNT NOT TO EXCEED $2,088,980 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2026-010 • Attachments: o Harbormaster and Uplands Project Design o R&M Proposal — Task Order 38 o Estimated Project Timeline Attachments posted separately on City Council web page 142 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Deputy City Manager Subject: Resolution 2026-010: Authorizing the City Manager to Accept the Proposal from R&M Consultants, Inc. for the Design, Engineering, and Construction for the New Harbormaster's Facility and South Harbor Uplands Development for a Total Project Cost of $13,949,252 and to Execute Task Order 38 in an Amount Not to Exceed $2,088,980 and Appropriating Funds. Background and justification: A new Harbormaster's Office and South Harbor Uplands improvements have been in the Seward Boat Harbor Plan for a very long time. Like many of our city facilities, it is beyond its lifespan, is undersized, in disrepair, inefficient, and requires regular maintenance to keep it functioning. As with all facility infrastructure needs, we've been working towards getting everything up to 15% design so that we can solicit for funding and legislators know that we are invested and ready to start projects. With that, we completed a feasibility for the Harbormasters office last year which was presented to council along with a preliminary development plan for the South Harbor Uplands. The preliminary design included a new 2-story harbormaster's office would be on the southwest corner of the harbor (where the harbor can be seen from the building) a new business lease area a boardwalk and path that goes around the uplands that would tie foot traffic from the current boardwalk down into the waterfront trail system new public restrooms paved and organized parking for both cars and boat trailers removing the camping area and creating an expanded park and recreation area to the south end behind the "break -away condos" The overall cost is $13,949,252 and includes the Harbormaster Office (design, engineering, and construction), utility design and installation for area (electricity, water sewer, fire hydrants), 143 Uplands Development (survey, design, and construction) — parking lot. The costs that are NOT included are: - The boardwalk on the north side of the uplands (Boardwalk will be installed adjacent to the Harbormaster's office itself as part of the bond.) It doesn't make sense to construct the boardwalk until after the leased facilities and uplands improvements are constructed anyway, which will likely be another year or two out and The Development of the Design Standards work on the lease sites (to make these look consistent to the area) on the lease sites (these are not for public use and cannot be included in expenses covered by the bond). The costs can be paid with CPV funds, or through an internal loan paid back with boat trailer parking funds or lease revenue funds. To fund the project, the Harbor currently has passenger fees for tour boats and charters that pay for the Harbor Infrastructure and improvements expansion through bonds. The current bond expires in March of this year. The passenger fees would remain the same at ($3.50) and continue to provide the revenue to pay for this new bond. Cruise Ship CPV funds will be used for the remainder. The lease sites, if they are developed, would generate approximately $100,000 in revenue annually. and boat trailer parking fees could also contribute to the expenses. If approved, we will be having regular discussions with council for updates, review, and approval. - After the design is brought to 35%, we will be putting out an RFP for construction. We will be bringing that contract before you for approval. - The exterior picture are space concepts — we will be coming before council to discuss the exterior design and look of the building and the lease sites. For the lease sites themselves, we are scheduling a discussion item with PACAB on February 18th to review options for the lease area, which will be brought back before council. The tentative timeline for this project is that engineering and design would start immediately with the goal of doing groundwork and foundation work for the harbormaster's building this summer. The building would be constructed from the fall of 2026 to the spring of 2027 Uplands construction would happen in the spring and summer of 2027. Approval of this resolution approves moving forward with the project at the overall price, approves R&Ms Proposal (Task Order 38 — Harbormaster Building & South Harbor Uplands Design through Construction) and acts as a notice to proceed for the full design and engineering and construction support of the project at a cost of $2,088,980 (included in the overall cost of the project). This is a conservative estimate, and we foresee the actual number being lower, especially in construction administration. An RFP will be put out for the construction of the project, which will be brought before council as a contract with the successful bidder as the other major cost for the project. 144 Comprehensive and Strategic Plan Consistency Information alli This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1.1 Encourage the growth and development of an efficient, functional boat harbor that meets Seward's commercial and recreational needs. Strategic Plan: Other: Harbor Master Plan Certification of Funds Total amount of funds listed in this legislation: $ 2,088,980 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in the amount of: $ Creates a savings in the amount of: $ Has no fiscal impact X Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Administration Recommendation X Adopt Resolution Other: 145 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL FROM R&M CONSULTANTS, INC. FOR THE DESIGN, ENGINEERING, AND CONSTRUCTION FOR THE NEW HARBORMASTER'S FACILITY AND SOUTH HARBOR UPLANDS DEVELOPMENT FOR A TOTAL PROJECT COST OF $13,949,252 AND TO EXECUTE TASK ORDER 38 IN AN AMOUNT NOT TO EXCEED $2,088,980 AND APPROPRIATING FUNDS WHEREAS, a new Harbormaster's Facility and South Harbor Uplands improvements have been in the Seward Boat Harbor Master Plan for a significant amount of time; and WHEREAS, a Feasibility Study was conducted by R&M in 2025 to determine operational needs and provide preliminary designs of the facility and uplands development with an overall project cost of $13,949,252; and WHEREAS, this resolution is an authorization to execute Task Order 38 with R&M Consultants, Inc to proceed with the design and engineering for the project and authorizes expenditures for those tasks along with construction administration in an amount not to exceed $2,088,980 (included in the overall cost); and WHEREAS, an RFP for construction will be issued and brought back before council as the other part of the overall project expense; and WHEREAS, harbor passenger fees, that have historically used to pay harbor improvement bonds, will be continued to pay for the majority the new bond for the facility and improvements, with the remainder being paid by CPV funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. Authorize the City Manager to accept the proposal with R&M, Inc., giving Notice to Proceed, for the Design, Engineering, and Construction Support of the Harbormaster's Facility and South Harbor Uplands Development. Section 2. Funding in the amount of $2,088,980 is hereby appropriated from account Section 3. This resolution shall take effect immediately upon its adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. 146 CITY OF SEWARD, ALASKA RESOLUTION 2026-010 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk Sue McClure, Mayor 147 RESOLUTION 2026-011 PROVIDING FOR THE ISSUANCE OF HARBOR IMPROVEMENT REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,000,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND INSTALLING ADDITIONS AND IMPROVEMENTS TO THE CITY OF SEWARD SMALL BOAT HARBOR, INCLUDING A HARBORMASTERS BUILDING AND IMPROVEMENTS TO THE SOUTH HARBOR UPLANDS, FUNDING THE RESERVE ACCOUNT TO THE RESERVE REQUIREMENT, AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; PROVIDING FOR THE DATE, FORM, TERMS, MATURITIES AND MANNER OF SALE OF THE BONDS; PROVIDING A METHOD OF PAYMENT THEREFOR; FIXING CERTAIN COVENANTS AND PROTECTIVE PROVISIONS SAFEGUARDING THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND RESERVING THE RIGHT TO ISSUE ADDITIONAL HARBOR IMPROVEMENT REVENUE BONDS ON PARITY WITH SUCH BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS Documents: • Agenda Statement • Resolution 2026-011 • Attachments: None 148 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Sully Jusino, Finance Director Subject: Resolution 2026-011: Providing for the Issuance of Harbor Improvement Revenue Bonds of the City in the Aggregate Principal Amount of not to Exceed $13,000,000 for the Purpose of Acquiring, Constructing and Installing Additions and Improvements to the City of Seward Small Boat Harbor, Including a Harbormasters Building and Improvements to the South Harbor Uplands, Funding the Reserve Account to the Reserve Requirement, and Paying the Costs of Issuance of the Bonds; Providing for the Date, Form, Terms, Maturities and Manner of Sale of the Bonds; Providing a Method of Payment Therefor; Fixing Certain Covenants and Protective Provisions Safeguarding the Payment of the Principal of and Interest on the Bonds; and Reserving the Right to Issue Additional Harbor Improvement Revenue Bonds on Parity with Such Bonds upon Compliance with Certain Conditions Background and justification: A new Harbormaster's Office and South Harbor Uplands improvements have been in the Seward Boat Harbor Plan for a very long time. Like many of our city facilities, it is beyond its lifespan, is undersized, in disrepair, inefficient, and requires regular maintenance to keep it functioning. As with all facility infrastructure needs, we've been working towards getting everything up to 15% design so that we can solicit for funding and legislators know that we are invested and ready to start projects. With that, we completed a feasibility for the Harbormasters office last year which was presented to council along with a preliminary development plan for the South Harbor Uplands. The preliminary design included a new 2-story harbormaster's office would be on the southwest corner of the harbor (where the harbor can be seen from the building) a new business lease area a boardwalk and path that goes around the uplands that would tie foot traffic from the current boardwalk down into the waterfront trail system new public restrooms paved and organized parking for both cars and boat trailers 149 removing the camping area and creating an expanded park and recreation area to the south end behind the "break -away condos" The overall cost is just under $14m and includes the Harbormaster Office (design, engineering, and construction), utility design and installation for area (electricity, water sewer, fire hydrants), Uplands Development (survey, design, and construction) — parking lot. The costs that are NOT included are: The boardwalk on the north side of the uplands (Boardwalk will be installed adjacent to the Harbormaster's office itself as part of the bond.) It doesn't make sense to construct the boardwalk until after the leased facilities and uplands improvements are constructed anyway, which will likely be another year or two out and The Development of the Design Standards work on the lease sites (to make these look consistent to the area) on the lease sites (these are not for public use and cannot be included in expenses covered by the bond). The costs can be paid with CPV funds, or through an internal loan paid back with boat trailer parking funds or lease revenue funds. To fund the project, the Harbor currently has passenger fees for tour boats and charters that pay for the Harbor Infrastructure and improvements expansion through bonds. The current bond expires in March of this year. The passenger fees would remain the same at ($3.50) and continue to provide the revenue to pay for this new bond. Cruise Ship CPV funds will be used for the remainder of the costs of the project. The lease sites, if they are developed, would generate approximately $100,000 in revenue annually, and boat trailer parking fees could also contribute to the expenses. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1.1 Encourage the growth and development of an efficient, functional boat harbor that meets Seward's commercial and recreational needs. Strategic Plan: Other: Harbor Master Plan Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in the amount of: $ Creates a savings in the amount of: $ Has no fiscal impact x Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable x 150 Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review 3", 94z4"f Administration Recommendation X Adopt Resolution Other: 151 CITY OF SEWARD, ALASKA HARBOR IMPROVEMENT REVENUE BONDS, 2026 RESOLUTION 2026-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE ISSUANCE OF HARBOR IMPROVEMENT REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,000,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND INSTALLING ADDITIONS AND IMPROVEMENTS TO THE CITY OF SEWARD SMALL BOAT HARBOR, INCLUDING A HARBORMASTERS BUILDING AND IMPROVEMENTS TO THE SOUTH HARBOR UPLANDS, FUNDING THE RESERVE ACCOUNT TO THE RESERVE REQUIREMENT, AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; PROVIDING FOR THE DATE, FORM, TERMS, MATURITIES AND MANNER OF SALE OF THE BONDS; PROVIDING A METHOD OF PAYMENT THEREFOR; FIXING CERTAIN COVENANTS AND PROTECTIVE PROVISIONS SAFEGUARDING THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND RESERVING THE RIGHT TO ISSUE ADDITIONAL HARBOR IMPROVEMENT REVENUE BONDS ON PARITY WITH SUCH BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS. Approved: January 26, 2026 Prepared By: Kutak Rock LLP Spokane, Washington 1 4932-7592-1541.4 152 Table Of Contents section 1. Definitions. 4 Section 2. The Project. 9 Section 3. Costs Of The Project. 9 Section 4. Authorization Of Bonds. 10 Section 5. Registration, Exchange And Payments. 10 Section 6. Prepayment And Redemption. 11 Section 7. Priority Of Payments From Harbor Enterprise Fund. 11 Section 8. Bond Fund 12 Section 9. Sale Of Bonds And Loan Agreement 14 Section 10. Undertaking To Provide Ongoing Disclosure. 14 Section 11. Insurance. 14 Section 12. Disposition Of Proceeds Of The Bonds 15 Section 13. Defeasance. 15 Section 14. Specific Covenants 15 Section 15. Future Parity Bonds 17 Section 16. Lost, Stolen Or Destroyed Bonds. 18 Section 17. Form Of Bonds And Registration Certificate. 18 Section 18. Execution Of Bonds. 20 Section 19. Supplements And Amendments. 21 Section 20. General Authorization To Municipal Officials. 22 Section 21. Declaration of Official Intent 22 Section 22. Severability 22 Section 23. Effective Date 22 4932-7592-1541.4 2 153 CITY OF SEWARD, ALASKA HARBOR IMPROVEMENT REVENUE BONDS, 2026 RESOLUTION 2026-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE ISSUANCE OF HARBOR IMPROVEMENT REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,000,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND INSTALLING ADDITIONS AND IMPROVEMENTS TO THE CITY OF SEWARD SMALL BOAT HARBOR, INCLUDING A HARBORMASTERS BUILDING AND IMPROVEMENTS TO THE SOUTH HARBOR UPLANDS, FUNDING THE RESERVE ACCOUNT TO THE RESERVE REQUIREMENT, AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; PROVIDING FOR THE DATE, FORM, TERMS, MATURITIES AND MANNER OF SALE OF THE BONDS; PROVIDING A METHOD OF PAYMENT THEREFOR; FIXING CERTAIN COVENANTS AND PROTECTIVE PROVISIONS SAFEGUARDING THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND RESERVING THE RIGHT TO ISSUE ADDITIONAL HARBOR IMPROVEMENT REVENUE BONDS ON PARITY WITH SUCH BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS. WHEREAS, the City of Seward, Alaska (the "City") is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or the Charter of the City (the "Charter"), and it has been determined that the matters set forth in this Resolution are not prohibited by law or the Charter; and WHEREAS, pursuant to Chapter 7.10 of the City Code, the City owns, operates and maintains the City of Seward Small Boat Harbor, which are in need of certain additions, improvements and extensions, including a new Harbormasters Building and certain improvements to the South Harbor Uplands (as further described herein, the "Project"), and the City Council (the "Council") deems it necessary and advisable that the Project is undertaken; and WHEREAS, the Alaska Constitution, statutes of the State of Alaska (the "State") and Section 11.1(a) of the Charter permit the Council to authorize the City, without ratification by the qualified electors of the City, to issue revenue bonds to finance any project that serves a public purpose, which bonds are secured only by revenues of the project or public enterprise of the City and which do not constitute a debt or a pledge of the faith and credit or taxing power of the City; and WHEREAS, to provide a portion of the funds to pay the costs of the Project, it is deemed necessary and advisable by the Council to issue and sell its harbor improvement revenue bonds in the aggregate principal amount of not to exceed $13,000,000 (the "Bonds"); and WHEREAS, the Council finds that it is in the best interest of the City to sell the bonds herein authorized in one or more series to the Alaska Municipal Bond Bank (the "Bond Bank") on the terms and conditions set forth herein and in a loan agreement between the City and the Bond Bank, as authorized by this Resolution; 3 4932-7592-1541.4 154 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: SECTION 1. DEFINITIONS. As used in this Resolution, unless a different meaning clearly appears from the context, the following words shall have the following meanings: "Accreted Value" means with respect to any Capital Appreciation Bonds, as of any date of calculation, the sum of the amount set forth in the proceedings authorizing their issuance as the amount representing the initial principal amount of such Capital Appreciation Bonds plus the interest accumulated, compounded and unpaid thereon as of the most recent compounding date. The Accreted Value shall be determined in accordance with the provisions of the resolution authorizing the issuance of such Balloon Maturity Bonds. "Annual Debt Service" means the total amount of Debt Service for any Parity Bond or series of Parity Bonds or other evidences of indebtedness payable from Pledged Revenues in any fiscal year. "Annual Income Available for Revenue Bond Debt Service" shall be determined by adding the following: (a) the historical Pledged Revenues for any 12 consecutive months out of the 24 months immediately preceding the month of delivery of the Future Parity Bonds being issued; (b) the estimated annual Pledged Revenues to be derived from the operation of any additions or improvements to or extensions of the City of Seward Small Boat Harbor under construction but not completed at the time of such calculation, and not being paid for out of the proceeds of sale of such Future Parity Bonds being issued, and which Pledged Revenues are not otherwise included in any of the sources of Pledged Revenues described in this definition; and (c) the estimated Pledged Revenues to be derived from the operation of any additions and improvements to or extensions of the City of Seward Small Boat Harbor being paid for out of the proceeds of sale of such Future Parity Bonds being issued. The computation of "Annual Income Available for Revenue Bond Debt Service" shall be adjusted to reflect the Passenger Fees effective on the date of such calculation or approved by the regulatory authority with jurisdiction to become effective thereafter if there has been any change in such rates and charges put into effect or so approved during or after such 12-consecutive month base period referenced in (a) of this definition. "Balloon Maturity Bonds" means any evidences of indebtedness of the City payable from Pledged Revenues which are so designated in the proceedings pursuant to which such indebtedness is incurred. "Bonds" means the not to exceed $13,000,000 par value City of Seward, Alaska, Harbor Improvement Revenue Bonds, 2026 authorized to be issued in one or more series pursuant to this Resolution. "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation and instrumentality of the State of Alaska, created pursuant to the provisions of Chapter 85, Title 44, Alaska Statutes, as amended. "Bond Bank Bonds" means bonds to be issued by the Bond Bank to provide funds to be loaned to the City pursuant to the Loan Agreement. 4932-7592-1541.4 4 155 "Bond Fund" means the "Harbor Improvement Revenue Bond Account" maintained in the office of the City Finance Director. "Bond Register" means the registration books for the Bonds, maintained by the Bond Registrar, for the purpose of complying with the requirements of the Code and listing, inter alia, the names and addresses of all registered owners of the Bonds. "Bond Registrar" means the City Finance Director, or such successor in function as the City Finance Director may designate, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, and paying the principal of and interest on the Bonds. "Capital Appreciation Bonds" means any Future Parity Bonds, all or a portion of the interest on which is compounded, accumulated and payable only upon redemption or on the maturity date of such Capital Appreciation Bonds. If so provided in the proceedings authorizing their issuance, Future Parity Bonds may be deemed to be Capital Appreciation Bonds for only a portion of their term. On the date on which Future Parity Bonds no longer are Capital Appreciation Bonds, they shall be deemed outstanding in a principal amount equal to their Accreted Value. "City" means the City of Seward, Alaska, a municipal corporation organized and existing under the Charter, the Constitution and laws of the State of Alaska. "City Finance Director" means the Finance Director of the City or her successors or assigns. "City Manager" means the City Manager of the City or her successors or assigns. "City Representative" means the City Manager, the City Finance Director, the Mayor, or such other official or employee of the City designated in writing by the City Manager. "Charter" means the Home Rule Charter of the City, as the same may be amended from time to time. "Code" means the United States Internal Revenue Code of 1986, as amended, together with all applicable rulings and regulations heretofore or hereafter promulgated thereunder. "Commercial Passenger Vessel Tax Funds" means the excise tax imposed by the State pursuant to AK Stat. §§ 43.52.200-.295, as amended from time to time, on passengers traveling on commercial passenger vessels providing overnight accommodations that anchor or moor on the State's marine water with the intent to allow passengers to embark or disembark, which is allocated, remitted or otherwise payable to the City from such tax pursuant to State law. "Consultant" means at any time an independent municipal financial consultant appointed by the City to perform the duties of the Consultant as required by this Resolution. For the purposes of delivering any certificate required by Section 15 hereof and making the calculation required by Section 15 hereof, the term Consultant shall also include any independent public accounting firm appointed by the City to make such calculation or to provide such certificate. "Consulting Engineer" means an independent consulting engineer or engineering firm licensed to practice in the State. 5 156 4932-7592-1541.4 "Council" means the City Council of the City, which is the general legislative authority of the City, as the same may be constituted from time to time. "Credit Facility" means any Qualified Letter of Credit or Qualified Insurance. "Debt Service" means, for any period of time, (1) with respect to any outstanding Capital Appreciation Bonds which are not designated as Balloon Maturity Bonds in the proceedings authorizing their issuance, the principal amount thereof shall be equal to the Accreted Value thereof maturing or scheduled for redemption in such period, and the interest payable during such period; (2) with respect to any outstanding Fixed Rate Bonds, an amount equal to (a) the principal amount of such Fixed Rate Bonds due or subject to mandatory redemption during such period and for which no sinking fund installments have been established, (b) the amount of any payments required to be made during such period into any sinking fund established for the payment of any such Fixed Rate Bonds, plus (c) all interest payable during such period on any such outstanding Fixed Rate Bonds and with respect to Fixed Rate Bonds with mandatory sinking fund requirements, calculated on the assumption that mandatory sinking fund installments will be applied to the redemption or retirement of such Fixed Rate Bonds on the date specified in the proceedings authorizing such Fixed Rate Bonds; and (3) with respect to all other series of Parity Bonds, other than Fixed Rate Bonds, Capital Appreciation Bonds, specifically including but not limited to Balloon Maturity Bonds and Parity Bonds bearing variable rates of interest, an amount for any period equal to the amount which would have been payable for principal and interest on such Parity Bonds during such period computed on the assumption that the amount of Parity Bonds as of the date of such computation would be amortized (a) in accordance with the mandatory redemption provisions, if any, set forth in the proceedings authorizing the issuance of such Parity Bonds, or if mandatory redemption provisions are not provided, during a period commencing on the date of computation and ending on the date 30 years after the date of issuance (b) at an interest rate equal to the yield to maturity set forth in the 40-Bond Index published in the edition of The Bond Buyer (or comparable publication or such other similar index selected by the City) and published within ten days prior to the date of calculation or, if such calculation is being made in connection with the certificate required by Section 15 hereof, then within ten days of such certificate, (c) to provide for essentially level annual debt service of principal and interest over such period. Debt Service shall be net of any interest funded out of Bond proceeds. Debt Service shall include reimbursement obligations to providers of Credit Facilities to the extent authorized by ordinance or resolution. "Federal Tax Certificate" means the certificate(s) executed on behalf of the City upon the issuance of the Bonds and including certain representations regarding the use and application of the Bond proceeds and the payment of rebatable arbitrage, if any, with respect to the Bonds. "Fitch" means Fitch Ratings, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to any other nationally recognized securities rating agency designated by the City Representative. 6 4932-7592-1541.4 157 "Fixed Rate Bonds" means those Parity Bonds other than Capital Appreciation Bonds or Balloon Maturity Bonds issued under a resolution in which the rate of interest on such Parity Bonds is fixed and determinable through their final maturity or for a specified period of time. If so provided in the proceedings authorizing their issuance, Parity Bonds may be deemed to be Fixed Rate Bonds for only a portion of their term. "Future Parity Bonds" means any revenue bonds which the City may hereafter issue having a lien upon the Pledged Revenues for the payment of the principal thereof and interest thereon equal to the lien of the Bonds upon the Pledged Revenues. "Government Obligations" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America and bank certificates of deposit secured by such obligations. "Harbor Enterprise Fund" means the fund of that name maintained in the office of the City Finance Director. "Loan Agreement" means the Loan Agreement for the Bonds by and between the City and the Bond Bank authorized to be entered into pursuant to Section 9 of this Resolution. "Maximum Annual Debt Service" means highest dollar amount of Annual Debt Service in any fiscal year for all outstanding Parity Bonds and/or for all subordinate lien evidences of indebtedness secured by Pledged Revenues, as the context requires. "Moody's" means Moody's Ratings, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Moodys shall be deemed to refer to any other nationally recognized securities rating agency designated by the City Representative. "Net Revenues" means, for any fiscal year or other period of time, all amounts received by the City and deposited into the Harbor Enterprise Fund, and interest and profits derived from the investment of moneys held therein during such period, less Operating Expenses for such period. "Operating Expenses" means, for any fiscal year or other period of time, the expenses incurred for operation, maintenance, or repair of the Small Boat Harbor of a non -capital nature. Operating Expenses shall not include any allowances for depreciation or amortization or any principal, redemption price or purchase price of, or interest on, any obligations of the City incurred in connection with and payable from Pledged Revenues or any fee or charge in lieu of City taxes. "Parity Bonds" means the Bonds and any Future Parity Bonds. "Passenger Fees" means all passenger fees imposed by the City with respect to embarking or debarking a vessel at any City Dock, as described in the Port and Harbor Tariff of the City. "Pledged Revenues" means Net Revenues and Passenger Fees and interest received and profits derived from the investment of moneys obtained from moneys held in any fund solely to pay or secure the payment of any Bonds issued under this Resolution. 7 158 4932-7592-1541.4 "Principal and Interest Account" means the subaccount of that name created within the Bond Fund pursuant to Section 8 of this Resolution. "Project" means, certain additions, improvements and extensions to the City of Seward Small Boat Harbor, including a new Harbormasters Building and certain improvements to the South Harbo Uplands, funding the Reserve Account to the Reserve Requirement, and paying the costs of issuance of the Bonds. "Project Fund" means the "Project Fund" created pursuant to Section 12 of this Resolution. "Qualified Insurance" means any non -cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest Rating Categories by two of the Rating Agencies. "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of registered owners of the Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is currently rated in one of the two highest Rating Categories by a Rating Agency. "Rating Agency" means Moody's, S&P or Fitch. "Rating Category" means the generic rating categories of the Rating Agency, without regard to any refinement or gradation of such rating category by a numerical modifier or otherwise. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. "Reserve Account" means the Reserve Account created in the Bond Fund pursuant to Section 8 of this Resolution. "Reserve Requirement" means, with respect to Parity Bonds outstanding, the lesser of (a) 125% of Average Annual Debt Service, (b) 10% of the net proceeds of each series of Parity Bonds secured by the Reserve Account, or (c) Maximum Annual Debt Service. "S&P" means S&P Global Ratings, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, S&P shall be deemed to refer to any other nationally recognized securities rating agency designated by the City Representative. "State" means the State of Alaska. Rules of Interpretation. In this Resolution, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this Resolution, refer to this Resolution as a whole and not to any particular article, 4932-7592-1541.4 8 159 section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this Resolution; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several sections of this Resolution, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Resolution, nor shall they affect its meaning, construction or effect; (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and (f) Words importing the singular number include the plural number and vice versa. SECTION 2. THE PROJECT. The Council hereby ratifies and approves certain additions, improvements and extensions to the City of Seward Small Boat Harbor, including a new Harbormasters Building and certain improvements to the Harbor South Uplands, funding the Reserve Account to the Reserve Requirement, and paying the costs of issuance of the Bonds (as previously defined, the "Project"). The Project has and will be undertaken in accordance with specifications and contracts for acquisition and construction approved by the Council from time to time. It is hereby provided that said Project shall be subject to such changes as to details of design or any other details of said Project as may be authorized by the Council either prior to or during the actual course of construction. The City may proceed with the construction and installation of the Project as herein authorized, either alone or in conjunction with the construction of other facilities, and in whole, or in successive parts or units from time to time as may be found advisable. SECTION 3. COSTS OF THE PROJECT. The estimated cost of the Project is hereby declared to be, as near as may be, the sum of up to approximately $14,700,000 which is expected to be paid from federal funds and Commercial Passenger Vessel Tax Funds in the approximate amount of $2,750,000, in addition to the proceeds of the Bonds. 9 160 4932-7592-1541.4 SECTION 4. AUTHORIZATION OF BONDS. (a) Authorization. The City shall issue and sell not to exceed $13,000,000 of its harbor improvement revenue bonds (the "Bonds") in one or more series for the purpose of providing a portion of financing for the construction of the Project, funding the Reserve Account to the Reserve Requirement, and paying the costs of issuance of the Bonds. (b) Bond Details. The Bonds shall be designated as the "City of Seward, Alaska Harbor Improvement Revenue Bonds, 2026," shall be dated as of the date established pursuant to Section 9, shall be fully registered as to both principal and interest, shall be in denomination of $5,000 each, or any integral multiple thereof, shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification, and shall bear interest from their date payable on the dates set forth in the approved Loan Agreement, and shall come due on the dates and in the amounts as set forth in the approved Loan Agreement. If the Bonds are sold in more than one series, the Bonds issued in all series issued pursuant to this Resolution shall provide no more than $13,000,000 in aggregate principal amount. SECTION 5. REGISTRATION, EXCHANGE AND PAYMENTS. The City Finance Director shall initially act as authenticating agent, paying agent and registrar for the Bonds (collectively, the "Bond Registrar"). The principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a 360-day year and twelve 30-day months. Interest on the Bonds shall be paid by check or draft of the Bond Registrar mailed (on the date such interest is due) to the Registered Owners or nominees at the addresses appearing on the Bond Register on the fifteenth day of the month preceding each interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds to the Bond Registrar by the registered owners or nominees at the office of the Bond Registrar. Notwithstanding the foregoing, so long as the Bond Bank is the Registered Owner of the Bonds, payments of principal of and interest on the Bonds shall be made to the Bond Bank in accordance with each Loan Agreement. The Bonds may be transferred only on the Bond Register maintained by the Bond Registrar for that purpose upon the surrender thereof by the registered owner or nominee or his/her duly authorized agent and only if endorsed in the manner provided thereon, and thereupon a new fully registered Bond of like series, principal amount, maturity and interest rates shall be issued to the transferee in exchange therefor. Upon surrender thereof to the Bond Registrar, the Bond is interchangeable for a bond or bonds in any authorized denomination of an equal aggregate principal amount and of the same series, interest rates and maturities. Such transfer or exchange shall be without cost to the Registered Owner or transferee. The City may deem the person in whose name each Bond is registered to be the absolute owner thereof for the purpose of receiving payment of the principal of and interest on such Bond and for any and all other purposes whatsoever. 10 4932-7592-1541.4 161 SECTION 6. PREPAYMENT AND REDEMPTION. (a) Optional Prepayment. Provisions for the optional prepayment of some or all principal installments of the Bonds may be established pursuant to Section 9 of this Resolution and shall be set forth in the Loan Agreement. (b) Notice of Redemption; Payment of Redeemed Bonds. So long as the Bond Bank is the owner of the Bonds, notice of prepayment shall be given according to the terms of the Loan Agreement. If the Bond Bank is not the owner of the Bonds, notice of prepayment shall be given not less than 20 nor more than 60 days prior to the date fixed for prepayment by first class mail, postage prepaid, to the Registered Owners of the Bonds at the addresses appearing on the Bond Register. The requirements of this section shall be deemed complied with when notice is mailed as herein provided, regardless of whether or not it is actually received by the owners of the Bonds. Each official notice of prepayment shall be dated and shall state: (i) the prepayment date, (ii) the prepayment price or prepayment premium, if any, payable upon such prepayment; (iii) if less than all of an installment of principal is to be prepaid, the principal amount to be prepaid (which must be an integral multiple of $5,000); (iv) that the interest on the Bonds, or on the principal amount thereof to be prepaid, designated for prepayment in such notice, shall cease to accrue from and after such prepayment date; and (v) that on such date there will become due and payable on the Bonds the principal amount thereof to be prepaid and the interest accrued on such principal amount to the prepayment date. SECTION 7. PRIORITY OF PAYMENTS FROM HARBOR ENTERPRISE FUND. There is maintained a special revenue fund of the City known as the "Harbor Enterprise Fund" into which all Pledged Revenues are deposited. All Pledged Revenues shall be deposited in the Harbor Enterprise Fund. The Harbor Enterprise Fund shall be held separate and apart from all other funds and accounts of the City and the Pledged Revenues deposited in such fund shall be used only for the following purposes and in the following order of priority: First, to pay the Operating Expenses, to the extent not already paid; Second, to pay the interest on any Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the proceedings authorizing such Parity Bonds provides for such reimbursement; Third, to pay the principal of any Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of principal of Parity Bonds and the proceedings authorizing such Parity Bonds provides for such reimbursement; Fourth, to make all payments required to be made into the Reserve Account to secure the payment of the principal of and interest on the Bonds and to make all payments required to be made into any reserve account hereafter established to secure the payment of the principal of or interest on any Future Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance fulfills the Reserve 11 4932-7592-1541.4 162 Requirement in whole or in part and the proceedings authorizing such Parity Bonds provides for such reimbursement; Fifth, to make all payments required to be made into any revenue bond redemption fund or revenue warrant redemption fund and debt service fund or reserve fund created to pay and secure the payment of the principal of and interest on any other revenue bonds or revenue warrants of the City having a lien upon the Pledged Revenues junior and inferior to the lien thereon for the payment of the principal of and interest on Parity Bonds; and Sixth, to make all required payments of charges or fees in lieu of City taxes; and Seventh, to retire by redemption or purchase any outstanding revenue bonds or revenue warrants of the City, and/or to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the City of Seward Small Boat Harbor, or for any other lawful City purposes. SECTION 8. BOND FUND. A special account of the City designated as the "Harbor Improvement Revenue Bond Account" (the "Bond Fund") is hereby authorized to be created and maintained in the office of the City Finance Director for the purpose of paying and securing the payment of the Bonds and all Parity Bonds. The Bond Fund shall be held separate and apart from all other accounts of the City and shall be a trust account for the owner of Parity Bonds. The Bond Fund shall be divided into two separate accounts: a Principal and Interest Account for the payment of the principal of and interest on Parity Bonds and the payment of redemption premium, if any, whether due at maturity or redemption prior to maturity and a Reserve Account for the purpose of additionally securing the repayment of Parity Bonds. (a) Payments Into Principal and Interest Account. The City Finance Director may direct all or a portion of the original issue premium to be deposited in the Principal and Interest Account. As long as any Parity Bonds remain outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Harbor Enterprise Fund into the Principal and Interest Account those amounts necessary, together with such other funds as are on hand and available in the Principal and Interest Account, to pay the interest or principal and interest next coming due on outstanding Parity Bonds. Such payments from the Harbor Enterprise Fund shall be made on or prior to the due date for such installment of principal and interest. (b) Priority of Lien of Payments into Principal and Interest Account. Said amounts so pledged to be paid into the Bond Fund with respect to the Bonds are hereby declared to be a prior lien and charge upon the Pledged Revenues superior to all other charges of any kind or nature whatsoever except for costs of operation and maintenance; except that the amounts so pledged are of equal lien to the lien and charge thereon of any Future Parity Bonds. (c) Reserve Account. A Reserve Account (the "Reserve Account") is hereby authorized to be created in the Bond Fund for the purpose of securing the payment of the principal of and interest on all Parity Bonds. The City hereby covenants to deposit into the Reserve Account 12 4932-7592-1541.4 163 on the date of issuance of the Bonds from Bond proceeds and/or from funds of the City legally available therefor an amount equal to the Reserve Requirement with respect to the Bonds. The City further covenants and agrees that when said required deposits have been made into the Reserve Account, it will at all times maintain therein an amount at least equal to the Reserve Requirement with respect to all outstanding Parity Bonds. Whenever there is an insufficient amount in the Bond Fund, including the Reserve Account and the Principal and Interest Account to pay the principal of and interest on all outstanding Parity Bonds when due, the money in the Reserve Account may be used to pay such principal and interest. Money in the Reserve Account may be withdrawn to redeem and retire, and to pay the interest due to such date of redemption on any outstanding Bonds, so long as the money left remaining on deposit in the Reserve Account is equal to the Reserve Requirement with respect to all outstanding Parity Bonds. The City may satisfy the Reserve Requirement, in whole or in part with a Qualified Letter of Credit or Qualified Insurance. In making the payments and credits to the Reserve Account required by this subsection (c), to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for specific amounts required pursuant to this section to be paid out of the Reserve Account, such amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited against the amounts required to be maintained in the Reserve Account by this subsection (c) to the extent that such payments and credits to be made are insured by an insurance company, or guaranteed by a letter of credit from a financial institution. A Qualified Letter of Credit shall not be cancelable on less than 30 days' notice to the City, and Qualified Insurance shall be noncancellable. In the event of any cancellation of a Qualified Letter of Credit, the Reserve Account shall be funded in accordance with the third paragraph of this subsection (c) as if the Parity Bonds for whose benefit the Qualified Letter of Credit was issued which then remain outstanding had been issued on the date of such notice of cancellation. In the event that the City elects to meet the Reserve Requirement through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device, the City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device that the City's reimbursement obligation, if any, to such entity shall be made from Pledged Revenues available after the payments described in Paragraphs First through Fourth in Section 7 hereof have been made. In the event a deficiency in the Principal and Interest Account shall occur, the deficiency shall be made up from the Reserve Account by the withdrawal of cash therefrom for that purpose and by the sale or redemption of obligations held in the Reserve Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency, and if a deficiency still exists immediately prior to an interest payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit, Qualified Insurance, or other equivalent credit facility that secures the Parity Bonds in sufficient amount to make up the deficiency. Such draw shall be made at such times and under such conditions as the agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up within one year of the date of withdrawal from Pledged Revenues after making necessary provision for making the payments described in Paragraphs First through Fourth in Section 7 hereof. 13 4932-7592-1541.4 164 (d) Application and Investment of Moneys in the Bond Fund. Money in the Principal and Interest Account not needed to pay the interest or principal installment and interest next coming due on Parity Bonds may be used to prepay Parity Bonds. Money in the Bond Fund therein may be invested in any legal investment for the funds of the City. All interest earned and income derived by virtue of such investments shall remain in the Bond Fund (or respective account therein) and be used to meet the required deposits into any account therein. SECTION 9. SALE OF BONDS AND LOAN AGREEMENT. The City Representative is authorized to enter into the Loan Agreement with the Bond Bank. The City Representative is authorized to negotiate and complete the sale of the Bonds in one or more series to the Bond Bank on terms and conditions consistent with this Resolution and the Loan Agreement for the Bonds. Following the sale of the Bond Bank Bonds for a series of Bonds, such terms and conditions, including the final principal amount, date, principal installment payment schedule, interest rates, payment dates and prepayment provisions, all as provided for in this Resolution, shall be set forth in the Loan Agreement. SECTION 10. UNDERTAKING TO PROVIDE ONGOING DISCLOSURE. The City will execute a certificate for ongoing disclosure in form and substance satisfactory to the purchaser of the Bonds, and the City Representative is hereby authorized and directed to execute such certificate. SECTION 11. INSURANCE. The Bond Bank may, with the consent of the City and on terms and conditions acceptable to the City, obtain a policy of municipal bond insurance guaranteeing the payment when due of the principal of and interest on a series of the Bond Bank's Bonds issued to provide funds for the loan to the City pursuant to a Loan Agreement. By the Loan Agreement, the City Representative may approve any such policy of municipal bond insurance and authorize all other officers, agents, attorneys, and employees of the City to cooperate with the bond insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City, consistent with this Resolution, as shall be necessary or advisable in providing for such policy of municipal bond insurance. The City Representative may also obtain a surety policy in order to satisfy the Reserve Requirement on the condition that the surety policy meets the requirements of Qualified Insurance on terms and conditions determined to be acceptable to the City Representative. The City Representative may execute such additional agreements or certificates and provide such documentation to the issuer of such surety policy as shall be necessary or advisable in providing for such surety policy. In connection with the initial issuance and sale of the Bonds to the Bond Bank, and notwithstanding the provisions of Section 19 of this Resolution to the contrary, the Council may by resolution modify any of the covenants or other provisions of this Resolution as may be required by a provider of bond insurance or a surety policy for the Bond Bank's Bonds. 14 4932-7592-1541.4 165 SECTION 12. DISPOSITION OF PROCEEDS OF THE BONDS. The City Finance Director may direct that all or a portion of the original issue premium also be deposited in the Principal and Interest Account. Unless the Reserve Requirement is satisfied with a Credit Facility or other revenues, a portion of the Bond proceeds in the amount designated by the City Finance Director shall be deposited in the Reserve Account in order to meet the Reserve Requirement. A Project Fund (the "Project Fund") is hereby authorized to be created and maintained for the purpose of paying certain costs of the Project. The balance of the proceeds of sale of the Bonds of a series shall be deposited in the Project Fund and shall be expended solely to pay the cost of the Project, and pay costs of issuance of the Bonds. Money in the Project Fund shall be invested by the City Finance Director, pending disbursement, in any legal investment for City funds the yield of which can be readily determined in compliance with applicable tax covenants referred to in Section 14(h) below, and interest earnings shall be deposited in the Project Fund. SECTION 13. DEFEASANCE. In the event that money and/or noncallable Government Obligations maturing or having guaranteed redemption prices at the option of the holder at such time or times and bearing interest to be earned thereon in amounts (together with such money, if any) sufficient to redeem and retire part or all of the Bonds in accordance with the its terms, are hereafter irrevocably set aside in a special account and pledged to effect such redemption and retirement, then no further payments need be made into the Bond Fund or any account therein for the payment of the principal of and interest on the Bonds or portion thereof so provided for and the Bonds or portion thereof shall then cease to be entitled to any lien, benefit or security of this Resolution, except the right to receive the accounts so set aside and pledged, and the Bonds or portion thereof shall no longer be deemed to be outstanding hereunder. SECTION 14. SPECIFIC COVENANTS. The City hereby covenants and agrees with the owners of the Bonds that for as long as the Bonds remain outstanding as follows: (a) Annual Debt Service Covenant. The City will establish, maintain and collect Passenger Fees and Net Revenues in each fiscal year that will provide Pledged Revenues in an amount equal to the amount of the Annual Debt Service for such year on all outstanding Parity Bonds. (b) Maintenance. The City will at all times maintain and keep the City of Seward Small Boat Harbor in good repair, working order and condition, and also will at all times operate such facilities and the business in connection therewith in an efficient manner and at a reasonable cost. (c) Books and Records. The City will, while the Bonds remain outstanding, keep proper and separate accounts and records in which complete and separate entries shall be made of all transactions relating to the City of Seward Small Boat Harbor, and it will furnish the original purchaser or purchasers of the Bonds or any subsequent owner or owners thereof, at the written request of such owner or owners, complete operating and income statements of the City of Seward 15 4932-7592-1541.4 166 Small Boat Harbor in reasonable detail covering any fiscal year, showing the financial condition of the City of Seward Small Boat Harbor and compliance with the terms and conditions of this Resolution, not more than 180 days after the close of such fiscal year, and it will grant any owner or owners of at least 25% of the outstanding Bonds the right at all reasonable times to inspect the entire City of Seward Small Boat Harbor and all records, accounts and data of the City relating thereto. Upon request of any owner of any of said Bonds, it will also furnish to such owner a copy of the most recently completed audit of the City's accounts. (d) Insurance. The City will at all times carry all-risk insurance and such other forms of insurance on such of the buildings, equipment, property and facilities of the City of Seward Small Boat Harbor as are ordinarily insured in such amounts and with such deductibles as under good business practice are ordinarily carried on such buildings, equipment, property and facilities but such insurance shall in all events be in an amount at least equal to the lesser of: (i) 80% of the estimated replacement cost of the insurable parts of the City of Seward Small Boat Harbor or (ii) the aggregate principal amount of the Parity Bonds then outstanding. In addition to the above insurance, the City shall also carry public liability insurance and such other types of insurance as are usually carried by municipal corporations operating like properties. All such insurance shall be carried with responsible insurers and the policies shall be payable to the City. (e) Disposition. The City will not sell or otherwise dispose of the City of Seward Small Boat Harbor unless contemporaneously with such sale or disposal there shall be paid from the Bond Fund a sum sufficient to pay the principal of and interest on all Parity Bonds then outstanding to the date or dates on which they first may be redeemed and all provisions of the Federal Tax Certificate are complied with, nor will it sell or otherwise dispose of any part of the City of Seward Small Boat Harbor which is material to the production of Pledged Revenues unless, in the opinion of a Consulting Engineer, the remaining City of Seward Small Boat Harbor will generate Pledged Revenues sufficient to enable the City to comply with the requirements of this Resolution and each resolution authorizing the issuance of Future Parity Bonds and all provisions of the Federal Tax Certificate are complied with. (f) Operation of City of Seward Small Boat Harbor The City has, and will while the Bonds remain outstanding, good right and lawful power to operate, maintain, and repair the City of Seward Small Boat Harbor and to fix and collect rates, fees, and other charges related to the City of Seward Small Boat Harbor. (g) Other Acts. The City shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the City under the laws of the State and this Resolution. (h) Tax Covenants. The City covenants to undertake all actions required to maintain the tax-exempt status of interest on the Bonds under Section 103 of the Code as set forth in the Federal Tax Certificate that will be executed at the closing for the Bonds. The City has not designated the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. 16 4932-7592-1541.4 167 SECTION 15. FUTURE PARITY BONDS (a) Conditions upon the Issuance of Future Parity Bonds. As long as the Bonds remain outstanding, the City hereby further covenants and agrees that it will not issue any obligations having a lien on the Pledged Revenues prior to the lien thereon of the Bonds and further that it will not issue any Future Parity Bonds except in accordance with the conditions of this Section 15. The City hereby reserves the right to issue additional revenue obligations, which shall constitute a charge and lien upon the Pledged Revenues equal to the lien thereon of the Bonds. Except as provided in subsection (b) below, the City shall not issue any series of Future Parity Bonds or incur any additional indebtedness with a parity lien or charge on Pledged Revenues (i.e., on a parity of lien with Parity Bonds at the time outstanding) unless: 1) At the time of issuance of such Future Parity Bonds, the City shall have on file a certificate of a Consultant showing that the Annual Income Available for Revenue Bond Debt Service shall be at least equal to 1.20 times the Maximum Annual Debt Service on all outstanding Parity Bonds and Future Parity Bonds being issued; and 2) The resolution authorizing the issuance of such Future Parity Bonds shall provide that the Reserve Requirement shall be funded no later than the date of delivery of the Future Parity Bonds and shall include the covenants set forth in Section 14 of this Resolution (including the tax covenant, to the extent applicable). (b) No Certificate Required. The certificate described in the foregoing subsection (a)(1) shall not be required as a condition to the issuance of Future Parity Bonds: 1) If one-half of the Pledged Revenues, verified from financial statements of the City, for a period of any consecutive two out of the three fiscal years immediately preceding the issuance and delivery of such Future Parity Bonds, was equal to at least 1.20 times the Maximum Annual Debt Service required to be paid in any fiscal year succeeding the date of issuance of such Future Parity Bonds on all outstanding Parity Bonds and the Future Parity Bonds being issued; or 2) If the Future Parity Bonds being issued are for the purpose of refunding outstanding Parity Bonds and the annual debt service requirements for each year in which Parity Bonds are then outstanding are not increased as a result of the refunding. (c) Subordinate Lien Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds or other obligations which are a charge upon the Pledged Revenues junior or inferior to the payments required by this Resolution to be made out of such Pledged Revenue to pay and secure the payment of any outstanding Parity Bonds. (d) Refunding Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds to refund maturing Parity Bonds for the payment of which moneys are not otherwise available. 17 4932-7592-1541.4 168 SECTION 16. LOST, STOLEN OR DESTROYED BONDS. In case a Bond shall be lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond of like amount, date and tenor to the owner thereof upon the owner's paying the expenses and charges of the Bond Registrar and the City in connection therewith and upon his filing with the Bond Registrar and the City evidence satisfactory to both that such Bond was actually lost, stolen or destroyed and of his ownership thereof, and upon furnishing the City and the Bond Registrar with indemnity satisfactory to both. SECTION 17. FORM OF BONDS AND REGISTRATION CERTIFICATE. The Bonds shall be in substantially the following form: NO. $ UNITED STATES OF AMERICA CITY OF SEWARD, ALASKA HARBOR IMPROVEMENT REVENUE BOND, 2026 INTEREST RATE: See below. FINAL MATURITY DATE: REGISTERED OWNER: ALASKA MUNICIPAL BOND BANK PRINCIPAL AMOUNT: THE CITY OF SEWARD, ALASKA (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount indicated above in accordance with the installment payment schedule set forth below (unless prepaid prior thereto as provided herein) and to pay interest thereon from , 20 , or the most recent date to which interest has been paid or duly provided for until payment of this bond at the interest rates set forth below, payable on 1, 20 and semiannually thereafter on the first day of each and Year of Principal Installment Payment ( 1) Principal Installment Amount Interest Rate $ Both principal of and interest on this Bond are payable in lawful money of the United States of America. Installments of principal of and interest on this bond shall be paid by check or draft mailed to the Registered Owner at the address appearing on the Bond Register on the 15th day of the month preceding the interest payment date, and principal of this bond shall be payable upon presentation and surrender of this bond by the Registered Owner at the principal office of the City Finance Director (the "Bond Registrar"). Notwithstanding the foregoing, so long as the Bond 18 4932-7592-1541.4 169 Bank is the Registered Owner of this Bond, payments of principal of and interest on the Bond shall be made to the Bond Bank in accordance with the Loan Agreement. This Bond is a harbor improvement revenue bond of the City and is issued pursuant to Resolution No. 2026-011 (the "Bond Resolution") for the purpose of making certain improvements to the City of Seward Small Boat Harbor. Capitalized terms not otherwise defined herein have the meaning ascribed thereto in the Bond Resolution. The Bond is subject to prepayment as described in the Loan Agreement. The City hereby covenants and agrees with the owner and holder of this Bond that it will keep and perform all the covenants of this Bond and the Bond Resolution. The City does hereby pledge and bind itself to set aside from such Pledged Revenues, and to pay into said Bond Fund the various amounts required by the Bond Resolution to be paid into and maintained in said Fund, all within the times provided by said Bond Resolution. To the extent more particularly provided by the Bond Resolution, the amounts so pledged to be paid from the Harbor Enterprise Fund out of the Pledged Revenues into the Bond Fund and the accounts therein shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the amounts required to pay and secure the payment of any harbor improvement revenue bonds of the City hereafter issued on a parity with the bonds of this issue and superior to all other liens and charges of any kind or nature. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. This Bond is not a "private activity bond" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). This Bond is not a "qualified tax-exempt obligation" under Section 265(b) of the Code for banks, thrift institutions and other financial institutions. It is hereby certified and declared that this Bond is issued pursuant to and in strict compliance with the Constitution and laws of the State of Alaska and ordinances of the City, including the Bond Resolution, and that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed. IN WITNESS WHEREOF, City of Seward, Alaska, has caused this Bond to be executed by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of Clerk of the City and the official seal of the City to be impressed or imprinted hereon as of this day of , 2026. 19 CITY OF SEWARD, ALASKA By /s/ manual or facsimile Mayor 4932-7592-1541.4 170 [SEAL] COUNTERSIGNED: By /s/ manual or facsimile City Clerk The Certificate of Authentication for the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: This bond is the Harbor Improvement Revenue Bond, 2026 of the City of Seward, Alaska, dated , 2026, and described in the within -mentioned Bond Resolution. CITY OF SEWARD, ALASKA CITY FINANCE DIRECTOR, as Bond Registrar By /s/ manual or facsimile City Finance Director SECTION 18. EXECUTION OF BONDS. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, shall be attested by the manual or facsimile signature of the City Clerk, and the seal of the City shall be impressed or a facsimile thereof imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Resolution. In case either of the officers who shall have executed the Bonds shall cease to be officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. The Bonds may also be signed and attested on behalf of the City by such persons who are at the actual date of 20 4932-7592-1541.4 171 delivery of such Bond the proper officers of the City although at the original date of such Bonds any such person shall not have been such officer of the City. SECTION 19. SUPPLEMENTS AND AMENDMENTS. (a) Without Consent of Owner The City from time to time and at any time may adopt a resolution or resolutions supplemental hereof, which resolution or resolutions thereafter shall become a part of this Resolution, for one or more or all of the following purposes: 1) To add to the covenants and agreements of the City in this Resolution contained and other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of the Bonds, or to surrender any rights or power herein reserved to or conferred upon the City. 2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this Resolution in regard to matters or questions arising under the resolution as the Council may deem necessary or desirable and not inconsistent with the resolution and which shall not adversely affect the interest of the owner of Parity Bonds. Any such supplemental resolution of the Council may be adopted without the consent of the owner of the Bonds at any time outstanding, notwithstanding any of the provisions of this section. (b) With Owner's Consent. With the consent of the owners of not less than 60% in aggregate principal amount of Parity Bonds at the time outstanding, the Council may adopt a resolution or resolutions supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Resolution or of any supplemental resolution; provided, however, that no such supplemental resolution shall extend the fixed maturity of the Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof without the consent of the owner of each Parity Bond so affected. It shall not be necessary for the consent of the owner under this subsection to approve the particular form of any proposed supplemental resolution, but it shall be sufficient if such consent shall approve the substance thereof. (c) Effective Date of Modification. Upon the adoption of any supplemental resolution pursuant to the provisions of this section, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this Resolution shall thereafter be determined, exercised and enforced thereunder, subject in all respect to such modification and amendments, and all the terms and conditions of any such supplemental resolution shall be deemed to be part of the terms and conditions of this Resolution for any and all purposes. A copy of each supplemental resolution shall be provided to the owners of the Bonds. 21 4932-7592-1541.4 172 SECTION 20. GENERAL AUTHORIZATION TO MUNICIPAL OFFICIALS. The proper officials of the City are hereby authorized and directed to do everything necessary for the prompt execution and delivery of the Bonds to the purchaser upon payment of the purchase price thereof. SECTION 21. DECLARATION OF OFFICIAL INTENT The Council presently expresses the intention and reasonably expects that the City will use other legally available funds in connection with financing all or a portion of the Project and that the City will use proceeds of the Bonds in an amount not to exceed $13,000,000 to reimburse the City for these expenditures. It is the intention of the City that this declaration constitute the City's "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations and that the Federal Tax Certificate constitute the "reimbursement allocation" within the meaning of Section 1.150-2 of the Treasury Regulations unless otherwise stated in the Federal Tax Certificate. SECTION 22. SEVERABILITY If any one or more of the covenants or agreements provided in this Resolution to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this Resolution and shall in no way affect the validity of the other provisions of this Resolution. SECTION 23. EFFECTIVE DATE This Resolution shall become effective immediately, provided that no Parity Bonds shall be issued under this Resolution until 30 days from the date hereof. [Remainder of Page Intentionally Left Blank] 22 4932-7592-1541.4 173 APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 26T" DAY OF JANUARY, 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: By Kris Peck, City Clerk (CITY SEAL) 23 By Sue McClure, Mayor 4932-7592-1541.4 174 RESOLUTION 2026-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUBSCRIPTION AND IMPLEMENTATION AGREEMENT FOR ACCUFUND ANYWHERE, A CLOUD -BASED FINANCIAL MANAGEMENT SYSTEM, INCLUDING AN IMPLEMENTATION AND PROJECT MANAGEMENT AGREEMENT WITH C BUSINESS SERVICES, LLC IN THE AMOUNT OF $ 8 8, 8 80 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2026-012 • Attachments: o AccuFund Anywhere Quote o C Business Services, LLC Consulting Agreement 175 City Council Agenda Statement Meeting Date: January 26, 2026 To: City Council Through: Kat Sorensen, City Manager From: Sully Jusino, Finance Director Subject: Resolution 2026-012: Authorizing the City Manager to Enter into a Subscription and Implementation Agreement for AccuFund Anywhere, a Cloud -Based Financial Management System, Including an Implementation and Project Management Agreement with C Business Services, LLC in the Amount of $88,880 and Appropriating Funds Background and justification: The City of Seward Finance Department currently uses the AccuFund financial management system to support the City's core accounting, financial reporting, and compliance requirements with an annual software cost of $16,405. The City seeks to modernize and enhance its financial systems by transitioning to AccuFund Anywhere, a cloud -based AccuFund accounting system that provides improved system availability, security, scalability, remote access, and long-term operational sustainability. AccuFund Anywhere will provide enterprise -wide financial functionality, including general ledger, accounts receivable, fixed assets, budget forecasting, grants management, purchasing, payroll and human resources, employee self-service, and reporting tools, supporting consistent financial operations across City departments. Implementation of AccuFund Anywhere is expected to improve internal controls, streamline workflows, enhance reporting and transparency, reduce reliance on on -premise infrastructure, and better support the City's long-term financial management and operational needs. The current annual subscription cost for AccuFund Anywhere is $16,405, which is consistent with the City's existing AccuFund software expenditures and replaces the current on -premise system. Following implementation, the ongoing subscription cost for AccuFund Anywhere will transition to $44,880 annually. C Business Services, LLC has submitted a proposal to provide professional implementation services for AccuFund Anywhere, including comprehensive project management, system configuration, data migration, and mapping of fmancial and operational processes across City departments to ensure a successful enterprise -wide implementation for $40,000. the total cost for the AccuFund Anywhere implementation and related professional services provided by C Business Services, LLC is $88,880. 176 ITIL Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: ir Certification of Funds Total amount of funds listed in this legislation: $ 88,880 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 X X $ 88,880 Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: X Yes Attorney Signature: Not applicable Comments: Attorney Review Administration Recommendation X Adopt Resolution Other: 177 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUBSCRIPTION AND IMPLEMENTATION AGREEMENT FOR ACCUFUND ANYWHERE, A CLOUD -BASED FINANCIAL MANAGEMENT SYSTEM, INCLUDING AN IMPLEMENTATION AND PROJECT MANAGEMENT AGREEMENT WITH C BUSINESS SERVICES, LLC IN THE AMOUNT OF $88,880 AND APPROPRIATING FUNDS WHEREAS, the City of Seward Finance Department currently utilizes the AccuFund financial management system, with an annual software cost of $16,405, to support the City's core accounting, financial reporting, and compliance requirements; and WHEREAS, the City seeks to modernize and enhance its financial systems by transitioning to AccuFund Anywhere, a cloud -based AccuFund accounting system that provides improved system availability, security, scalability, remote access, and long-term operational sustainability; and WHEREAS, AccuFund Anywhere will provide enterprise -wide financial functionality, including general ledger, accounts receivable, fixed assets, budget forecasting, grants management, purchasing, payroll and human resources, employee self-service, and reporting tools, supporting consistent financial operations across City departments; and WHEREAS, the current annual subscription cost for AccuFund Anywhere is $16,405, which is consistent with the City's existing AccuFund software expenditures and replaces the current on - premises system; and WHEREAS, following implementation, the ongoing subscription cost for AccuFund Anywhere will transition to $44,880 annually; and WHEREAS, C Business Services, LLC has submitted a proposal to provide professional implementation services for AccuFund Anywhere, including comprehensive project management, system configuration, data migration, and mapping of financial and operational processes across City departments to ensure a successful enterprise -wide implementation; and WHEREAS, the total cost for the AccuFund Anywhere implementation and related professional services provided by C Business Services, LLC is $88,880.00; and WHEREAS, implementation of AccuFund Anywhere is expected to improve internal controls, streamline workflows, enhance reporting and transparency, reduce reliance on on -premise infrastructure, and better support the City's long-term financial management and operational needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: 178 CITY OF SEWARD, ALASKA RESOLUTION 2026-012 Section 1. The City Council hereby authorizes the City Manager to enter into a subscription agreement with AccuFund, Inc. for AccuFund Anywhere, a cloud -based financial management system, with a current annual subscription cost of $11,200.00 and an ongoing post -implementation subscription cost equivalent to $44,880 annually, billed quarterly. Section 2. The City Council further authorizes the City Manager to enter into an implementation and professional services agreement with C Business Services, LLC for project management, system implementation, and departmental mapping services related to AccuFund Anywhere, in a total amount not to exceed $40,000.00 Section 3. Funding for the AccuFund Anywhere annual subscription ($44,800.00) and the one- time implementation and professional services costs of $40,000.00 is hereby appropriated from the General Fund unassigned fund balance account 01000-0000-3400 to 01000-1140-7022 Software/ SASS Subscription expense account, and the Contracted services account 01000-1140- 7009. Section 4. This resolution shall take effect immediately upon adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) Sue McClure, Mayor 179 A CC UFUND® An i3 Verticals Product Page I of 3 01/09/2026 QUOTE - CITY OF SEWARD, AK Sully Jusino Finance Director City of Seward, AK P.O. Box 167, Seward AK 99664 sjusino@cityofseward.net This document is a quote for the scope of the work that AccuFund, Inc. will perform, with the CITY OF SEWARD (hereafter referred to as "the client(s)"). To avoid any misunderstandings, this agreement defines the services we will perform for you as well as your responsibilities under this agreement. Upon acceptance of this quote, an agreement will be created for the signatures of the respective parties. Option 1 - Shared environment: Anywhere Online Software Qty Price AccuFund Core - Professional Named Users - Block of 25 Accounts Receivable w/ Inventory Fixed Assets Automations (Allocation) Budget Forecasting Fixed Assets Grants Management Purchase Orders w/ Inventory Requisitions SmartCapture Payroll/H R Payment Portal (No charge) Employee Portal: Web Portal - Blocks of 250 Employees Employee Self Service (requires Payroll & Portal) Employee Time Entry (requires Payroll & Portal) Leave Requests Soft Clock Fees, Taxes, License TOTAL CONTRACT PER MONTH Ongoing quarterly payments 1 2,250.00 1 75.00 1 75.00 1 90.00 1 75.00 1 75.00 1 75.00 1 75.00 1 75.00 1 75.00 1 150.00 1 260.00 1 75.00 1 75.00 1 75.00 1 75.00 1 90.00 Extension 2,250.00 75.00 75.00 90.00 75.00 75.00 75.00 75.00 75.00 75.00 150.00 260.00 75.00 75.00 75.00 75.00 90.00 3,740.00 11,220.00 180 Page 2 of 3 Option 2 - Semi -private Azure environment: The semi -private Azure environment includes: • All AccuFund Anywhere software from Optionl • Separate MS SQL server instance • Separate application instances The shared infrastructure resources include, but are not limited to: • Proxy servers for internet access • System monitoring tools TOTAL CONTRACT PER MONTH Ongoing quarterly payments 6,980.00 20,940.00 Additional Costs: Additional databases Additional database backup request after one per quarter Additional database restores after the first one per quarter Automatic weekly backup Automatic monthly backup Excess database storage over 10GB, each additional 10GB Professional services for • Reports — typically 2-4 hours per request • Automations — typically 4-8 hours per request • Payroll calculations — typically 6-12 hours per request A block of 20 hours can be pre -purchased at a 20% discount. 40.00/month 20.00/request 350.00/request 50.00/month 15.00/month 45.00/month 200.00/hour Additional Terms & Conditions • Quote Expires January 31, 2026 • The existing database for the City of Seward will be migrated at no additional cost • To provide cost certainty, this will be a 3 year agreement with a capped maximum annual price increase of 3%. TERMS AND CONDITIONS AccuFund will provide the online software service as defined in the AccuFund Online Terms of Service, located on the AccuFund website: https://accufund.com/terms-of-service The foregoing sales proposal constitutes an offer to enter into an agreement with respect to the subject of the proposal. Unless and until the proposal is accepted by Client (as identified above), the proposal is freely revocable and amendable by AccuFund. Each sales proposal is subject to the agreements applicable to the product or service offered. Specifically, use of the Services, including Subscription Services, is subject to the AccuFund Terms of Service, the AccuFund Privacy Policy, and the AccuFund Cookie Policy. Each of the foregoing agreements is incorporated herein by this reference. BY ACCEPTING THE SALES PROPOSAL, YOU ARE ENTERING INTO A CONTRACT, THE TERMS OF WHICH INCLUDE THE 181 Page 3 of 3 SALES PROPOSAL, THESE TERMS AND CONDITIONS, THE ACCUFUND TERMS OF SERVICE, THE ACCUFUND PRIVACY POLICY, THE ACCUFUND COOKIE POLICY, AND ANY ADDITIONAL INCLUDED DOCUMENTS IDENTIFIED ABOVE. Invoices, including invoices for Subscription Services, are due as stated in the invoice. A finance charge of 1.5% per month, or part of a month, or the maximum rate permitted by applicable law, shall accrue on all past due principal amounts. If any amount owing to AccuFund is not paid when due, AccuFund may, at its option and without further notice: i) terminate Client's license to use the Services; ii) place the account on a cash basis; iii) terminate any unfilled orders or discontinue any deliveries until all past -due amounts (including, without limitation, principal and finance charges) are paid in full and AccuFund is provided adequate assurance of future performance; iv) any combination of the foregoing; and, v) take any other action and exercise any other remedies available to it under applicable law. The amount stated on any invoice shall conclusively establish the amount of principal due, and the basis upon which any finance charge will be calculated, unless a written objection is provided to AccuFund more than 15 days prior to the date the invoice is due. This proposal, any invoices issued pursuant to the proposal, if accepted, and the enforcement of either of the foregoing, shall be governed by Colorado law, without regard to its conflict of laws provisions. ALL PRODUCTS SOLD PURSUANT TO THIS PROPOSAL ARE DELIVERED AS -IS, WHERE -IS, AND WITH ALL FAULTS AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ACCUFUND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 182 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement") dated this 7th day of January, 2026 BETWEEN: City of Seward of 410 Adams Street, Seward, AK 99664 (the "Client") - AND - C Business Services, LLC of 4671 Southpark Bluff Drive, Anchorage, AK 99516 (the "Contractor"). BACKGROUND: A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: Services Provided 1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") for Phase 1 and Phase 2 (option 2) for migration to AccuFund Cloud as described in the attached proposal. Term of Agreement 2. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties. Page 1 of 7 183 3. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days written notice to the other Party. If Client terminates prior to the completion of the Services, Contractor shall provide a good faith estimate of the percentage of the Services completed and Client shall be responsible for paying the equivalent percentage of the total fee, to the extent it exceeds the $5,000 deposit provided upon execution of this Agreement. If the percentage completed is less than 50%, Contractor shall not be required to return the deposit. Upon payment of any amounts due, Contractor will provide the work done through the date of termination. Performance 4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Compensation 5. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") in a total amount not to exceed Thirty -Five Thousand Dollars ($35,000). 6. A deposit of Five Thousand Dollars ($5,000) (the "Deposit") will be payable by the Client upon execution of this Agreement. The Deposit shall be applied to future invoices for services rendered. 7. The remaining balance of the Compensation shall be billed monthly in arrears in installments of Four Thousand Five Hundred Dollars ($4,500). The final invoice shall be adjusted as necessary to ensure that the total Compensation paid under this agreement does not exceed $35,000 8. Invoices submitted by the Contractor to the Client are due within 15 days of receipt. Page 2 of 7 184 Reimbursement of Expenses 9. The Contractor will be reimbursed for any expenses incurred in connection with providing the Services of this Agreement. If Travel is requested by the Client to locations outside of Anchorage, Alaska, reasonable and necessary travel expenses incurred by the Contractor shall be reimbursed by the Client and invoiced separately from professional services, unless otherwise approved in writing by the Client. o Mileage: IRS -approved mileage rate in effect at the time of travel (currently $0.725 per mile for 2026). o Ground transportation/Shuttle service: Actual expenses for commercial shuttle or ground transportation services between Anchorage and other Alaska locations. o Air Travel: Actual expenses based on standard Premium seating. o Meals, Lodging, and Per Diem: In accordance with the OCONUS rates published by the Defense Travel Management Office (DTMO) for locations within Alaska. All travel shall be subject to prior approval by the Client. Confidentiality 10. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 11. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement. 12. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor. Page 3 of 7 185 13. The Parties acknowledge and agree that in the provision of services under this Agreement, Contractor is considered a business associate of Client under the Privacy and Security Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Client is considered a covered entity under HIPAA. In addition, Contractor may serve as a Qualified Service Organization of Client under 42 CFR Part 2 regarding substance abuse confidentiality. The Parties agree to execute a Business Associate in conjunction with this Agreement. Return of Property 14. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. Capacity/Independent Contractor 15. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Notice 16. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: City of Seward 410 Adams Street Seward, AK 99664 C Business Services, LLC 4671 Southpark Drive Anchorage, AK 99516 or to such other address as any Party may from time to time notify the other. Page 4 of 7 186 Indemnification 17. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. Dispute Resolution 18. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. 19. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Alaska. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Alaska. Modification of Agreement 20. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Time of the Essence 21. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Page 5 of 7 187 Assignment 22. The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. Entire Agreement 23. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Enurement 24. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns. Titles/Headings 25. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Gender 26. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Governing Law 27. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Alaska, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 28. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Page 6 of 7 188 Waiver 29. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. Compliance with Law 30. Notwithstanding any unanticipated effect of any of the provisions herein, the Parties will not intentionally conduct themselves under the terms of this Agreement in a manner to constitute a violation of any applicable law including, without limitation, the Medicare and Medicaid Anti - Fraud and Abuse Amendments of 1977, the Medicare and Medicaid Patient and Program Protection Act of 1987, or the Health Insurance Portability and Accountability Act ("HIPAA"). The Parties further agree that the Parties will not make or accept payments that are intended to encourage or reflect the volume or value of referrals or to reduce or limit medically necessary or appropriate patient care or related services for patients. In the event of any material change in any federal or state law or regulation that creates the significant likelihood of sanction or penalty based on the terms of this Agreement, upon the request of either Party, the Parties shall enter into good - faith negotiations concerning the affected provision(s) to remedy such terms or conditions. City of Seward C Business Services, LLC By Kat Sorensen, City Manager By Crystal Miner, Member Signature Signature 07/01/2026 January 7, 2026 Date Date Page 7 of 7 189 C Business Services System Mapping and Project Management Proposal for City of Seward December 2025 Crystal Miner, MBA C Business Services, LLC Crystal@CBusinessAK.com (907) 232-9406 190 Business Services Dear Sully, Thank you for the opportunity to support the City of Seward as you prepare for transitioning from AccuFund as an on -premise environment to the cloud. Modernizing an accounting system is a significant undertaking, and completing a clear assessment of current workflows, system usage, and long-term options is essential. Based on our discussions and my prior work with the City, I understand the importance of ensuring that your financial operations — including accounting, payroll, utility billing, and reporting — are supported by a system configuration that is efficient, reliable, and scalable. My role will be to document how AccuFund is currently used, identify gaps or inefficiencies, and assess readiness for the cloud platform. To begin this work, I will conduct staff interviews, observe workflows, and map system usage across departments. I am available to be onsite during the second week of January 2026 to complete the workflow mapping, observations, and interviews that for the foundation of the Current -State Assessment. This onsite engagement is included in the attached proposal and will allow me to gather the detail needed to deliver accurate system maps, a comprehensive gap analysis and meaningful recommendations. The attached proposal outlines the scope of work, timeline, deliverables and cost structure for the assessment and systems review, along with optional project management support for the AccuFund cloud migration. My experience in municipal financial operations, project management and system transitions allows me to support this work efficiently and with a practical understanding of the City's needs. I appreciate the opportunity to continue working with the City of Seward and would be honored to assist in this important modernization effort. Please let me know when you would like to schedule a kickoff meeting or if any adjustments to the proposed scope and options is needed. I look forward to supporting your team and helping to ensure a smooth transition. Sincerely, Crystal Miner, MBA Your Helping Hand 4671 Southpark Bluff Drive Anchorage, AK 99516 191 (907) 232-9406 Project Overview C Business Services, LLC will provide independent evaluation, workflow mapping, and project management support to ensure the City of Seward has a complete understanding of: How AccuFund is currently configured and utilized Staff workflows and reporting needs Gaps, inefficiencies, and manual workarounds Improvements achievable through AccuFund Cloud Scope of Work Phase 1: Current -State System Mapping (As -Is Assessment) Interviews with finance department and other City staff that utilize AccuFund Mapping of workflows, reports, and pain points Review of chart of accounts, modules, and permissions Identification of workarounds and inefficiencies Expected timeline 3-4 weeks Phase 2: Cloud Migration Option 1: Minimal Project Involvement Review AccuFund Cloud features and differences with City staff Work with City Staff to identify required data clean-up and testing tasks Attend migration meetings as requested Expected timeline 6-8 weeks Option 2: Full Project Management Review AccuFund Cloud features and differences with City staff Work with City Staff to Identify required data clean-up and testing tasks Assess migration risks and timing constraints Develop migration plan, testing steps, and training recommendations Coordinate with City Staff and AccuFund migration team to ensure a smooth transition Develop and implement migration schedule, communication plan, and risk management plan Expected timeline 6-8 weeks Please be advised that Phase 2: Cloud Migration may be separated from Phase 1 for the purposes of acceptance and contracting. Furthermore, Phase 3: Alternative Solutions is not included within the scope of this proposal. The need for Phase 3 will be determined based on the City's direction following the AccuFund migration assessment. Cost Summary Phase 1— $15,000 Includes 1 week onsite (anticipated dates of 1/12-1/16 2026) Does not include travel expenses (transport, lodging, and per diem) Includes deliverables of Current -State System Map and Findings/Gap Analysis Report Phase 2 — Option 1: $5,000 All work performed remotely Attendance at migration meetings as requested Assist in identifying needed data cleanup and testing tasks (no performance included) Additional coordination or task performance billed at an hourly rate of $180/hour (billed at 15 minute increments) Phase 2 — Option 2: $25,000 Includes 1 week onsite (in addition to Phase 1 onsite; to be scheduled separately) Does not include travel expenses (transport, lodging, and per diem) Comprehensive project management from planning through go -live Weekly status meetings and milestone tracking Coordination with AccuFund and City staff Invoicing & Terms C Business Services will provide monthly invoices with appropriate backup for travel expenses when necessary. Invoices are due within 15 days of receipt. Travel for Phase 1 is not to be booked until receipt of signed Acceptance below. Upon signed Acceptance, a project contract will be drafted and sent to the City of Seward for execution. Acceptance To proceed with the project, please select phases and options then sign below. ❑ Phase 1 — Current State Assessment ❑ Phase 2 — Cloud Migration, Option 1 — Minimal Involvement X Phase 2 — Cloud Migration, Option 2 — Full Project Management Authorized Signature (City of Seward) Date 2026 CBS Consulting Agreement AccuFund Final Audit Report 2026-01-07 Created: 2026-01-07 By: Crytal Miner (crystal@cbusinessak.com) Status: Signed Transaction ID: CBJCHBCAABAA27GBfFJw-PGjc2CaoOpzH64Yge5Urh0E "2026 CBS Consulting Agreement AccuFund" History Document created by Crytal Miner (crystal@cbusinessak.com) 2026-01-07 - 9:53:49 PM GMT Document emailed to Kat Sorensen, City Manager (ksorensen@cityofseward.net) for signature 2026-01-07 - 9:53:56 PM GMT Email viewed by Kat Sorensen, City Manager (ksorensen@cityofseward.net) 2026-01-07 - 9:54:03 PM GMT dp Document e-signed by Kat Sorensen, City Manager (ksorensen@cityofseward.net) Signature Date: 2026-01-07 - 10:12:24 PM GMT - Time Source: server e• Agreement completed. 2026-01-07 - 10:12:24 PM GMT Es Adobe Acrobat Sign 194 CHAMBER. FIVE-YEAR CONTRACT PROPOSAL Dear Mayor and Members of the City Council, This Economic Development Partnership Agreement outlines the services the Seward Chamber of Commerce, Conference and Visitors Bureau (SCC-CVB) is proud to continue providing on behalf of the City, as well as the resources needed to deliver those services in a way that reflects the growth of our community. The proposed five-year agreement includes a flat base funding amount with an annual adjustment tied to the Anchorage CPI-U, providing stability and predictability for both the City and the Chamber as we plan for the years ahead. Seward is on the cusp of an exciting new chapter. With the opening of a new cruise ship terminal, harbor facilities, new emergency services buildings, new harbor commercial development, the potential for a larger Coast Guard presence, and new and expanding hotels, our community is experiencing growth that reflects years of thoughtful planning and investment by the City and community. This agreement reflects our long-standing partnership evolving in step with that progress. This updated contract reflects the cost of delivering the professional, year-round services the City has long entrusted to SCC-CVB. Much of the proposed adjustment is driven by staffing needs, as the scale and expectations of our Visitor Center and destination management responsibilities continue to grow alongside visitation and community activity. As our Visitor Center, marketing reach, and responsibilities grow, it is more important than ever to share Seward's story from a local perspective. Every visitor who walks through our doors should leave not only informed, but inspired to appreciate Seward as a vibrant community, not just a destination. The Visitor Center should also continue to serve as a trusted resource for residents, businesses, and workers, connecting people to services, opportunities, and one another. 200I SEWARD HIGHWAY 99664 SEWARD ALASKA SEWARD.COM (907)224-805 I CHAMBER. FIVE-YEAR CONTRACT PROPOSAL This agreement is built around three core service areas that reflect both our historic role and our future responsibility: • Visitor Information and Management Services • Destination Marketing Organization (DMO) • Community and Industry Development We are proud of the partnership the City and the Chamber have shared for decades, and we offer this contract in the same spirit in which that relationship began - neighbors working together to care for our town, support our local economy, and ensure that as Seward grows, it does so in a way that benefits our community. Sincerely, Amanda Sweeting Executive Director (907)630-1134 Director@seward.com 200I SEWARD HIGHWAY 99664 SEWARD ALASKA SEWARD.COM (907)224-8051 I•JV CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU THIS AGREEMENT is effective the 1st day of January 2026, by and between the City of Seward, Alaska, ("City"), and the Seward Chamber of Commerce, Conference and Visitors Bureau ("SCC-CVB"), a not -for -profit corporation of the State of Alaska. The purpose of this Agreement is to define the roles and obligations of the parties regarding Economic Development, Visitor Information Services, and Destination Marketing. The parties agree as follows: SECTION 1— GENERAL The parties enter into this agreement with the understanding that both benefit from Economic Development, Visitor Information Services, and Destination Marketing and that the combined marketing efforts of the parties is more efficient, practical, and professional. This Economic Development Partnership is an indication of a desirable business environment and visitor destination. SCC-CVB agrees to perform the services outlined in this Agreement with due diligence and care and in a good and professional manner. SECTION 2— PERIOD OF PERFORMANCE - FIVE YEARS The initial term of this Agreement shall be from January 1, 2026, through December 31 st, 2030. SECTION 3 — SCOPE OF SERVICES SCC-CVB shall provide services to the City under this Agreement within the following three primary categories: A. Visitor Information and Management Services SCC-CVB shall manage and operate the Seward Visitor Center and provide visitor information services, including: • Providing year-round, trained staff to respond to visitor inquiries. • Staffing the Harbor Derby Booth and Cruise Ship Terminal on cruise ship days. • Creating and maintaining informative displays, maps, and exhibits highlighting local amenities and cultural information. 197 CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU • Providing public restroom facilities, free shuttle stop services, and lost and found • Supporting visitation management and visitor flow through information services and coordination. B. Destination Marketing Organization (DMO) Services SCC-CVB shall serve as the City's Destination Marketing Organization and shall: • Develop and execute an annual destination marketing and economic development plan to promote business development, workforce attraction, residency, and visitation to in -state and out-of-state audiences. The plan shall be reviewed annually and presented to the City Manager, and shall identify activities for the upcoming year. • Develop and maintain the City's destination brand and visual identity in coordination with the City, including messaging, design standards, and promotional assets that reflect Seward's character, values, and economic priorities. • Represent and promote Seward at regional, state, and national trade shows, conferences, and expos, including workforce, tourism, and economic development forums, to market the community as a premier destination to visit, live, and work. • Produce and distribute an annual Seward Destination Guide and semi-annual Marine and Hometown Guides, in both print and digital formats, showcasing Seward as a place to live, work, and visit. • Maintain and manage Seward.com as the City's primary visitation and relocation website, promoting local businesses, attractions, cultural resources, and sustainable tourism. • Conduct year-round marketing and advertising in print, online, radio, and other commercial -quality media, including press releases and promotional campaigns. • Include references to City services, facilities, and functions in relevant publications and marketing materials. C. Community and Industry Development SCC-CVB shall support community and industry development by: 198 CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU • Developing and implementing an annual economic development and visitation management strategy in coordination with Community Development. • Providing in -kind support and collaboration with partner organizations, including the Alaska Small Business Development Center (SBDC). • Promoting business development, workforce attraction, and year-round economic vitality through marketing, outreach, and industry engagement. • Supporting sustainable tourism practices and coordination with local stakeholders, including the harbor, cruise industry, the greater community and businesses. SECTION 4— REPORTING SCC-CVB will meet with the City Manager quarterly to report on its activities and accomplishments under this Agreement. In addition, SCC-CVB shall meet quarterly with the City Manager (or designee) to review progress, discuss upcoming priorities, and collaboratively identify opportunities for coordination related to Chamber programs, visitor services, destination marketing, and economic development activities. These quarterly check -ins are intended to ensure regular communication, alignment of goals, and ongoing collaboration between the City and SCC-CVB. SECTION 5— COMPENSATION SCC-CVB shall be paid Four Hundred Thousand Dollars ($400,000) per year for the services outlined in Section 3 of this Agreement. This Agreement shall be for a term of five (5) years with a flat base funding amount, and shall include provisions for an annual funding adjustment in alignment with the Anchorage Consumer Price Index for All Urban Consumers (CPI-U). The City shall pay this amount in two prorated installments each year, due on January 1 and July 1. Supplemental Budget Requests. SCC-CVB shall submit any budget requests for services not specifically covered under this agreement by Oct 1 of each year for consideration in the City of Seward operating budget for the fiscal year beginning on Jan 1. Budget requests should be of sufficient detail to be considered by the City and 199 CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU should include backup information and an explanation of why SCC-CVB desires additional compensation or funding, and why the services are required. The City is under no obligation to approve supplemental budget requests. SECTION 6— MODIFICATION/ AMENDMENT This Agreement may not be modified or amended except by writing signed by both parties hereto. SECTION 7— EQUAL EMPLOYMENT OPPORTUNITY SCC-CVB shall operate in compliance with all federal, state, and local equal employment and civil rights laws and regulations. SECTION 8— PERMITS, LAWS AND TAXES SCC-CVB shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to the performance of this Agreement. All actions taken by SCC-CVB under this Agreement shall comply with all applicable statutes, ordinances, rules, and regulations. SCC-CVB shall collect and/or pay, if applicable, any taxes pertaining to its performance under this Agreement. SECTION 9— RELATIONSHIP OF THE PARTIES SCC-CVB shall perform its obligations under this Agreement as an independent contractor of the City. This Agreement is not intended to create, and nothing herein should be construed to create a joint venture or any agency relationship between the City and SCC-CVB. SECTION 10— CONTRACT ADMINISTRATION The Seward City Manager, or the Manager's designee, shall be the representative for administering this Agreement on behalf of the City. The Executive Director of SCC- CVB shall be the representative for administering this Agreement on behalf of the Seward Chamber of Commerce and CVB. SECTION 11— INTEGRATION This Agreement contains the entire agreement of the parties. All prior negotiations, statements, representations, warranties, and assurances, whether oral or written and 200 Swan' CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU which are in any way related to the subject of this Agreement, are merged and integrated in this Agreement. SECTION 12— INTERPRETATION AND ENFORCEMENT This agreement is being executed by the parties' following negotiations between them. Accordingly, any rule of construction or interpretation allowing for construction or interpretation against the drafter of this Agreement shall not apply. The Agreement shall instead be construed according to the fair intent of the language, not for or against any party. The titles of sections in this Agreement are solely for convenience of reference and shall not affect the meaning, construction, or effect of this Agreement. SECTION 13— UNDERSTANDING SCC-CVB acknowledges that its governing board has authorized the Director to sign this Agreement. SECTION 14— SEVERABILITY If any section or clause of this Agreement is held invalid by a court of competent jurisdiction or is otherwise invalid under the law, it is the intent of the parties that the remainder of this Agreement shall remain in full force and effect. Section 15— Counterparts and Effective Date This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. This Agreement shall be effective upon the signature of both parties. Section 16— Survival of Representations and Warranties The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreements by the other party, shall survive the execution and termination of the contract. 201 CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown below: Kat Sorensen Seward City Manager City of Seward Amanda Sweeting Executive Director Seward Chamber of Commerce, Conference and Visitors Bureau 202 CHAMBER Sewitrd FINANCIAL BREAKDOWN The attached financial summary outlines how the City's 2025 contract funds were allocated across SCC-CVB operations and presents projected costs for 2026. The highlighted yellow sums in the 2026 column reflects anticipated increases associated with staffing needs, facility operations, and destination marketing efforts. The percentage column indicates the portion of each total expense that is attributable to services performed under the City contract. For example, while certain positions represent full annual salaries funded through multiple revenue sources, only the percentage shown reflects the share of that cost dedicated to City - contracted services. This approach provides transparency in how City funds directly support the delivery of visitor services, destination marketing, and economic development on the City's behalf. AREAS OF INCREASE: • Visitor Center Staffing: Visitation doubled from 2024 to 2025, with nearly 3,000 visitors in July alone. Anticipated growth in cruise traffic requires additional staffing to adequately serve the Visitor Center, Derby Booth, and Cruise Ship Terminal. • Building and Interior Upgrades: Increased visitation, rising utility costs, and general wear on the facility require additional investment in maintenance and interior improvements so the Visitor Center can function properly and better reflect Seward's story and community character. • Destination Marketing Et Communications: Higher visitation requires increased print quantities of the Destination Guide, along with an anticipated 8% rise in printing costs and a $12,000 increase in website expenses. Cost impacts are partially offset by bringing guide design in-house and discontinuing the Crowdriff platform. 203 Seward Chamber of Commerce City Contract Allocation (%) 2025 Contract 2026 Cost Costs Projections Expense 6000 • Salaries & Benefits 6100 • Office -Staff Salaries 6110 Communications Coordinator 40% 24,000.00 24,000.00 6111 • Executive Director 40% 34,000.00 34,000.00 611 Visitor and Membership Coordinator 50% 30,000.00 30,000.00 6118 • Visitor Services 6119 • Visitor Center Employees 100% 15,000.00 55,000 6280 • Payroll Taxes 30% 10,500.00 12,297 Total 6000 • Salaries & Benefits 113,500.00 155,297 7000 • Other Operating Expenses 7100 • Utilities 7110 - HQ Seward Public Utilities 100% 8,677.80 8,677.80 7115 • Trash Service 100% 925.91 925.91 7121 - Telephone Line Charges 100% 2,076.21 2,076.21 7124 • Internet Services 50% 1,907.13 1,907.13 7130 • Derby Booth/Cache Utilities 100% 468.14 468.14 7150 • Web Site Hosting 100% 4,190.80 4,190.80 7160 • Fuel Oil 50% 939.70 939.70 Total 7100 • Utilities 19,185.69 19,185.69 7200 • Building Operations 7210 • Buidling & Grounds Maintenance 50% 3,473.00 7,000.00 7211 Visitor Center Upgades 100% 10,000 Total 7200 • Building Operations 3,473.00 17,000.00 7300 • Office Operating Expense 7303 • Merchant Service Fees 30% 3,323.49 3,323.49 7304 • Computers & Digital Subscriptions 50% 2,873.38 2,873.38 7308 • Insurance - General Liability 50% 2,927.50 2,927.50 7310 • Office Expense 30% 3,386.56 3,386.56 7312 • Xerox Lease 30% 894.8 894.8 7313 • Postage - General/Admin 30% 387.42 387.42 7320 • Travel/Trade Show Expenses 100% 4,317.29 4,317.29 7321 • Professional Services 7316 - Accounting Services 30% 7,017.50 7,017.50 Total 7300 • Office Operating Expense 25,127.94 25,127.94 8000 • Marketing & Economic Developmnt 8100 • Print/Web Advertising 8110 • Econ Development Promotion 100% 2,050.00 2,050.00 204 Page 1 of 2 Seward Chamber of Commerce City Contract Allocation (%) 8120 • TourismDigital/ Print Marketing 100% 8140 • Graphics/Production 100% 8150 • Seward.com 100% 2025 Contract 2026 Cost Costs Projections 6,958.77 359.95 49,457.77 6,958.77 359.95 61,457.77 Total 8100 • Print/Web Advertising 58,826.49 70,826.49 8200 • Specialty Collateral 8210 • Economic Development Pieces 8230 • Digital Tourism Promotions 100% 2,364.00 2,364.00 100% 6,033.87 6,033.87 Total 8200 • Specialty Collateral 8,397.87 8,397.87 8400 • Destination Guide 8410 • Guide Production 100% 7,000.00 8420 • Guide Printing 100% 75,000.00 8430 • Guide Distribution 100% 19,000.00 8440 • Postage & Frt 100% 243.00 $0.00 85,000 19,000.00 1,000 Total 8400 • Destination Guide 101,243.00 105,000 8600 • Econ Dev Programs & Services 8601 • Crowdriff 100% 7,293.30 $0.00 Total 8600 • Econ Dev Programs & Services 7,293.30 0 TOTAL: 337,047.29 400,834.99 205 Page 2 of 2 AGENDA STATEMENT Meeting Date: January 26, 2026 From: City Clerk Agenda Item: Discuss future of mobile vending on city property BACKGROUND Per SCC 15.10.266 Land Uses Allowed, the City of Seward allows "Mobile Vendors" to operate on designated sites on city property by going through the city clerk permitting process. Despite making improvements to the mobile vending program by allowing vending carts to "remain in place overnight" and finding new locations on city property, the program is ultimately failing. The reviews from the vendors have been largely negative regarding the spots: The Uplands is too windy, dusty, and off the beaten path, the campground locations were a bust because the campers bring their own food, the two spots across the bay did not attract any customers, the vendor at the spot by the Branson Pavillion was losing money due to slow sales, and other issues. The "Roving Vendors" have been equally disappointed with the program and routes allowed. The most coveted spots in the harbor parking lots end up being a logistic hassle for Parks & Rec and Police due to the difficulty of blocking off the stall from other cars who are looking for a parking space. Despite barricades and signage it is still a losing battle. Vendors also tend to spread out and occupy additional parking spaces with their vehicles thus taking up valuable parking. We only had 1 mobile vendor in 2025 and they were permitted in the South Lot for the season and then packed up and left in July with no reason given. With the highly successful vendor locations now emerging on private property in both downtown and harbor areas, it might be time for the city to gracefully bow out of this particular enterprise and discontinue the program. The City Clerk is seeking direction from City Council on how to proceed. 206 AGENDA STATEMENT Meeting Date: January 26, 2026 From: City Clerk Agenda Item: Discuss the October 2026 Regular Municipal Election BACKGROUND This memo is an update on the election date for 2026 in regard to the KPB Proposition No. 5 — aligning KPB elections with the State's election date in November. The City of Seward Charter does give council the flexibility to change the date of our election with an Ordinance for Title 4. However, doing so requires a one-year lead time. Therefor the decision for 2026 has already been made for us and we will have the Regular Municipal Election on Tuesday, October 6, 2026. It will be run in the same manner as a city -only special election with no involvement from the KPB. The City Clerk will be seeking guidance from Council on next steps: Option 1: Take no action and continue to hold our local elections in October for the foreseeable future in the way outlined by Charter and Seward City Code. Option 2: Draft an Ordinance to change the local election to November. This ordinance will need to be enacted by the second meeting in October in order to change the election date for 2027. Excerpt from the Charter: Charter 10.1. - Regular city election. A regular city election shall be held annually on the first Tuesday in October or such other date as the council may provide in the Code. The date of holding regular city elections may not be changed by the council at any time less than one year prior to the date of the first regular city election affected. 207 Docusign Envelope ID: D3DD864A-9B93-472A-B6CF-8642A63B1878 4 Alaska Small Business ''A Development Center ALASKA SBDC L•lAA BUSINESS ENTERPRISE INSTITUTE. January 9, 2025 City of Seward 410 Adams St Seward, AK 99664 Dear Seward Community, This letter serves as our quarterly report for the period of October 1 to December 31, 2025. During this quarter, Seward Business Advisor KellyAnn Cavaretta concluded her fourth year with the Alaska SBDC on a very strong note. Over the course of the year, KellyAnn served 110 clients in Seward —setting a new record for the Alaska SBDC in Seward and surpassing the previous high of 105 clients, which she also established in 2024. Demand for her services continued to grow significantly, with a 32% increase in advising hours in 2025 compared to the prior year. KellyAnn's work in the Seward community directly supported 352 jobs in 2025, a substantial increase from the 284 local jobs supported in 2024. Her dedication and effectiveness have been consistently recognized by her clients, as reflected in 16 consecutive quarters of positive satisfaction survey results —an exceptional achievement. Here is a summary of deliverables to the Seward community during the quarter (year): Client Hours: 177.5 (545.9) Total Clients: 69 (110) New Businesses Started or Bought: 1 (12) Jobs Supported: 263 (352) Capital Infusion: $1,370,000 ($3,555,192) Client Surveys: 100% positive (100% positive) The next section provides lists of the top advising topics and top industries obtaining technical assistance from the Alaska SBDC in Seward. Assistance to entrepreneurs preparing for a loan surpassed startup assistance this quarter, while business planning joined the list. Regarding industries working with the SBDC, accommodations moved to the top spot, followed by food services and tour guides. Topics 1. Financing/Capital: 49.8 hrs (28%) 2. Startup Assistance: 46.5 hrs (26%) 3. General Management: 25.7 hrs (14%) 4. Business Planning. 20.5 hrs (12%) 5. Buy/Sell Business: 15.5 hrs (9%) Industries 1. Accommodations: 38.4 hrs (22%) 2. Food Services: 34.4 hrs (19%) 3. Tour Guides: 29.1 hrs (16%) 4. Rental and Leasing: 11.4 hrs (6%) 5. Retailers: 10.5 hrs (6%) We would like to thank the City of Seward for its continued support of the Seward Business Advisor position. KellyAnn has truly excelled in her role as the Seward Business Advisor, and we deeply appreciate the knowledge, enthusiasm, and energy she consistently brings to our team. Please do not hesitate to contact us if you have any questions. Sincerely, "—Signedby: 41401 Acting State Director Alaska SBDC & www.AKSBDC.org C. (907) 786-7201 *• ALASKA SBDC CENTERS G 1901 Bragaw Street, Suite 199, Anchorage, AK 99508 Anchorage • Fairbanks • Juneau • Kenai Peninsula • Ketchikan • Mat -Su Valley January 2026 January 2026 Th F February 6 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25262728293031 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 28 29 30 31 Jan 1, 26 2 I 3 II New Year's Day 4 5 6 7 8 9 10 5:30pm Appeal Hearing 17-OOpm PRt7 Mtgl 11 12 13 I 14 15 16 17 7:OOpm CC Mtg I 5:30pm HPC WS Mtg 18 19 20 21 22 23 24 6:OOpm P&Z WS 1 112:OOpm PACAB 1 25 26 27 I 1 28 29 30 31 II I5:30pm CC WS Mtg 1 7:OOpm CC Mtg Council Calendar 1 209 1/19/2026 4:31 PM February 2026 026 February 2026 Th March SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 1 2 3 4 5 6 7 7-00pm PAr7 Mtg] 8 9 10 11 12 13 14 7.00pm CC Mtg 15 16 17 18 19 20 21 6:OOpm P&Z WS I 1 12.00pm PACAB 22 23 24 25 26 27 28 7.00pm CC Mtg Council Calendar 2 210 1/19/2026 4:31 PM March 2026 March 2026 April SuMo TuWe Th Fr Sa SuMo TuWeeTTh h Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 1 2 3 4 5 6 7 7-00pm PA/7 Mtg] 8 9 10 11 12 13 14 7.00pm CC Mtg 15 16 17 18 19 20 21 6:00pm P&Z WS 22 23 24 25 26 27 28 6:00pm CC WS 7:00pm CC Mtg 29 30 31 Apr 1 2 3 4 Council Calendar 3 211 1/19/2026 4:31 PM