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HomeMy WebLinkAbout04152020 City Council Special Meeting ePacket Seward City Council Agenda Packet • Special City Council Meeting Wednesday, April 15, 2020 Council Chambers, City Hall S:00 p.m. SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice: calling a Special City Council Meeting on Wednes ril .15, 2020 at 5,:00 p.m. for the purpose of: Reconsideration of Resolution 2020-028, Ratifying Additional Temporary Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Public Health Emergency Caused By COVID-19., The VIRTUAL meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings virtually. Signed this 14,"' day of April, 2020 at ayor/ City Manager 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) SPECIAL MEETING NOTICE Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special City Council Meeting on Wednesday, April 15, 2020 at 5:00 p.m. for the purpose of: Reconsideration of Resolution 2020-028, Ratifying Additional Temporary Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Public Health Emergency Caused By COVID- 19. The VIRTUAL meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings virtually. Posted: Tuesday, April 15, 2020 City Hall bulletin board U.S. Post Office Harbormaster's Building Se,w,..a r mmttaity T ibt: fy Mass Closed due to COVID-19 E-mailed to the city clerk's distribution list Posted on the city clerk's Facebook page Sent through Nixle as an advisory message PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS AT APRIL 15, 2020 SEWARD CITY COUNCIL SPECIAL MEETING The Seward City Council will hold a Virtual Special Meeting on Wednesday, April 15, 2020 starting at 5:00 p.m. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments have been created: How To Virtually Attend The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. How To Submit Your Citizen Comments 1. Email your written Citizen Comments to cI„�rl�.(� �jtyc.)0---c,,war d ict. Emails received by 4:30 p.m. on Wednesday, April 15, 2020 will be read aloud to council by the City Clerk. 2. Sign up to be called on the telephone during the meeting to provide your comments directly to council telephonically. Call the City Clerk directly at (907) 224-4045, or send your contact information to c1cr.b(�. !jt;yo_fsewar ,,,;�ict, including your full name and the telephone number you wish to have called. Calls and emails received by the City Clerk by 4:30 p.m. on Wednesday, April 15, 2020 will be included in the meeting record. Be prepared to answer your phone starting at 5:00 p.m. The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. Citizen Comments will be delivered to council in the order they were received by the City Clerk. All Citizen Comments will be timed and limited to three minutes, as usual. Thank You For Your Cooperation! The City of Seward, Alaska Special City Council Meeting Wednesday, April 15, 2020 5:00 p.m. Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Sharyl Seese [Those who have signed in will be given the first opportunity to speak. Time Council Member is limited to 3 minutes per speaker and 36 minutes total speaking time for this Term Expires 2021 agenda item.] John Osenga 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk Council Member (*). Consent Agenda items are not considered separately unless a council Term Expires 2021 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Dale Butts Council Member 6. UNFINISHED BUSINESS Term Expires 2022 A. Items For Reconsideration Tony Baclaan Council Member 1. Resolution 2020-028, Ratifying Additional Temporary Term Expires Member Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Julie Crites Public Health Emergency Caused By COVID-19. Council Member Term Expires Member 7. CITIZEN COMMENTS[There is no sign in for this commentperiod. Time is limited to five(5) minutes per speaker.] 8. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Scott Meszaros City Manager 9. ADJOURNMENT Brenda Ballou City Clerk Holly Wells City Attorney City of Seward, Alaska Council Agenda April 15, 2020 Page I AGENDA STATEMENT Meeting Date: April 15, 2020 From: Brenda Ballou, City Clerk Agenda Item: Guidelines for Reconsideration BACKGROUND & JUSTIFICATION On April 13, 2020, the Seward City Council amended and approved Resolution 2020-028, Ratifying Additional Temporary Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Public Health Emergency Caused By COVID-19. On April 14,2020,the City Clerk received a written request from Vice Mayor McClure to reconsider the resolution. Vice Mayor McClure voted on the prevailing side,and submitted the request prior to 5:00 p.m. the following day, and so the request is considered timely. PROCEDURE FOR RECONSIDERATION Seward City Code 2.10.065 (e) Reconsideration. A motion to reconsider may be applied to any ordinance, resolution or action of the council and has precedence over all motions except the motion to adjourn. (1) A councilmember may make a motion to reconsider only if: a. The councilmember voted on the prevailing side on the question to be reconsidered; b. The councilmember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or c. The councilmember files with the clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. The councilmember may file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. (2) A motion for reconsideration requires a two-thirds vote to carry. (3) For the purposes of this section, a council meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular council meeting as that term is used in this section. (4) Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the council overturns the original action. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. (5)Actions which may not he reconsidered. The following motions may not be reconsidered: a. A motion which can be renewed within a reasonable time; b. An affirmative vote whose provisions have been partly carried out; c. An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; d. Any vote which has caused something to be done which it is impossible to undo; e. A vote on a motion to reconsider; or f. When practically the same result can be obtained by some other parliamentary motion. (Ord. 482, § 1(part), 1980; Ord.93-14) GUIDELINES 1. Motion to Reconsider 2. Second 3. Discussion is allowed (on the Motion to Reconsider) 4. Vote must pass by 2/3 If the reconsideration is approved,the resolution will go back on the floor in its last state prior to the final vote on the main motion. It can then be amended. If the reconsideration fails, the resolution stands. 2/3 Vote Chart 7 council = 5 votes 6 council =4 votes 5 council =4 votes 4 council = 3 votes Sponsored by: Meszaros Motion to Reconsider: April 15, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RATIFYING ADDITIONAL TEMPORARY EMERGENCY OPERATION RULES AND PROCEDURES IMPLEMENTED BY THE CITY MANAGER IN RESPONSE TO THE PUBLIC HEALTH EMERGENCY CAUSED BY COVID-19 WHEREAS, on March 11, 2020, Governor Dunleavy declared a statewide public health disaster emergency; and WHEREAS, the Governor's declaration activated Seward's Emergency Operation Plan under AS 26.23.020(e) and Seward City Code 9.10.025; and WHEREAS, SCC 9.10.025 empowers the City Manager to serve as the Director of Civil Defense and Disaster; and WHEREAS, it is in the City's best interest for the City Manager to have the authority needed to adopt policies and procedures to protect the public's health, welfare, and safety as the City responds to the global public health emergency posed by Coronavirus Disease 2019 (COVID-19) so long as the rules comply with the federal, state, and local laws that govern during a state of emergency; and WHEREAS, on March 28, 2020, Governor Dunleavy issued Health Mandate 011: Social Distancing that states all person in Alaska except for those engaged in essential health care services, public government services, and essential business activities, are mandated to remain at their place of residence and practice social distancing. For the purpose of this mandate, social distancing is defined as maintaining a distance of six feet or greater from any individuals with whom you do not currently reside; and WHEREAS, on March 28, 2020, Governor Dunleavy also issued Health Mandate 012: Interstate Travel. This prohibits all in-state travel between communities, whether resident, worker, or visitor; unless travel is to support critical infrastructure or for critical personal needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager, in his role as Director of Civil Defense and Disaster, has authority to and shall adopt"Emergency Rules Regarding COVID-19 Containment" that comply with and promote the recommendations of the State of Alaska and the CDC. These rules shall go into effect immediately, but will only be effective with Council approval for ninety (90) days. Council may repeal any Emergency Rule Regarding COVID-19 Containment via resolution. CITY OF SEWARD,ALASKA RESOLUTION 2020-028 Section 2. The Emergency Rules Regarding COVID-19 Containment shall be posted on the City website. The City Clerk shall provide City Council members notice of new rule postings no more than five days after the rules are implemented. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13 ' day of April, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: Butts, Baclaan, McClure, Osenga, Seese, Crites, Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) Agenda Statement Meeting Date: April 13, 2020 To: City Council From: City Manager, Scott Meszaros � Agenda Item: Resolution of the City Council of the City of Seward, Alaska ratifying Temporary Emergency Operation Rules and Procedures implemented by the City Manager in response to the public health emergency caused by COVID-19 BACKGROUND & JUSTIFICATION: As the number of confirmed COVID-19 cases in Seward continue to rise, the City of Seward is taking necessary precautionary efforts to contain the spread of this virus and mitigate its impact and to ensure full education and enforcement of available mandates and regulations. Governor Dunleavy issued Health Mandate 011: Social Distancing on March 28, 2020, it states that all persons in Alaska except for those engaged in essential health care services, public government services, and essential business activities, are mandated to remain at their place of residence and practice social distancing. For the purpose of this mandate, social distancing is defined as maintaining a distance of six feet or greater from any individuals with whom you do not currently reside. Governor Dunleavy also issued Health Mandate 012: Interstate Travel that same day. This prohibits all in-state travel between communities, whether resident, worker, or visitor; unless travel is to support critical infrastructure or for critical personal needs. Under State Mandated Operational Protocols, essential operators are mandated to enter into a mutual aid agreement with the City by which operator agrees to comply with the protocol or plan and its requirements and obligations while conducting operations within the City of Seward. Operator acknowledges that failure to comply with its State protocol or plan in the City of Seward would pose a substantial risk to public health, safety, and welfare within the City of Seward and in Alaska as a whole and may result in the loss of life or serious illness. Operator agrees to strictly comply with all rules, restrictions, and protocols identified in the submitted plan or protocol and acknowledges the City's authority to enforce the protocol or plan requirements to the maximum extent permitted by law. The Form is provided on the City website and an e-mail account has been created for submission. All related items are included in this packet relating to the newly created rules. INTENT: To ratify temporary emergency operation rules and procedures implemented by the city manager in response to the public health emergency caused by COVID-19 regarding Business COVID-19 Protection Measures and Protocols, Essential Business/Critical Infrastructure State Protocols, Mutual Aid Agreements, and Social Distancing. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan X ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2. Strategic Plan X 3. Other �'zst,�: X ,,,,,,,,,,,,,,,,,,,,,,,,,,,, ATTORNEY REVIEW: X Yes No FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: Recommend approval of this Resolution ratifying the updated Emergency Operation Rules and Procedures. The Resolution will require updating if there are no additions to the current rules at the first meeting in July (90-day allowance). Res 20-028 CITY OF SEWARD, ALASKA COVID-19 EMERGENCY ORDER 01 City Manager Scott Meszaros, in his capacity as the Director of Civil Defense and Disaster, hereby institutes the following revisions to City of Seward, Alaska's Temporary Emergency Rules and Procedures Regarding the COVID-19 Public Health Emergency ("Seward Emergency COVID-19 Rules"). These revisions become effective upon implementation by the City Manager and are necessary to protect the public health, welfare, and safety within the boundaries of the City of Seward. These rules and procedures may be identified as the "Emergency COVID-19 Rules" for ease of reference. These revised rules shall be posted on the City website and the City Clerk shall provide City Council members notice of these rules within five days of their adoption. City Council may repeal these rules in whole or in part via resolution. Except as otherwise provided in this revision, the Emergency COVID-19 Rules previously implemented by the City Manager remain in full force and effect. The revisions contained in this Emergency Order are bolded and underlined, with deletions stricken out. Rule 1. Electronic City Council Meetings. Any regular or special meetings of the City Council should be conducted via electronic means, including audio or video conference, unless the Mayor determines that a meeting must be conducted at City Hall and that doing so does not pose a risk to the public health, safety, and welfare. The City Clerk shall post telephone number(s) to call into telephonic or video conference meetings on the City of Seward website and on the written agenda for all regularly scheduled and special meetings. Council shall ensure that reasonable accommodations are made to afford the public a right to be heard telephonically. Telephonic participation by the public is not ideal but is reasonable when weighed against the substantial risk to public health, welfare, and safety posed by group gatherings during the COVID-19 outbreak. In the event the Mayor determines an in- person meeting is necessary and does not pose a risk to public health, welfare, and safety, no more than five members of the public shall enter the same space to make comments at one time. The public may also submit written public comments for all telephonic or video conference Council meetings. The public written comments shall be read into the record during the public comment period at all Council meetings held electronically, except Council work sessions. If written public comments exceed three minutes, the first three minutes of the written comment shall be read during the meeting. Written comments must include the name of the contributor in order to be read publicly during telephonic or video conference meetings. Current time limits placed on public comments and testimony shall apply to telephonic and written public comments submitted under this rule. The City must continue to comply with meeting attendance and scheduling requirements under the Seward City Charter Section 3.2. Rule 2. Council Meeting Notice and packet materials. The City Clerk shall provide the public and media notice that is reasonable under the circumstances for all emergency special meetings held by Council. All special meetings and agenda items shall be posted on the City website no less than six hours before a special meeting. Temp. COVID-19 Rules and Procedures-4/2/20 Page 1 of 5 00917765.DOCX Failure to post the meeting materials shall not invalidate the actions taken by Council during an emergency meeting if Council states the reason for the failure to post adequate notice or provide materials and clearly finds that the notice and material access provided during the meeting was sufficient and reasonable in light of the emergency circumstances underlying the meeting. Rule 3. Meetings of Boards and Commissions. The City Manager may cancel meetings of any board or commission if he finds that cancellation is necessary to protect public health, safety, and welfare. Any such cancellation shall automatically extend such deadlines for required actions by such board or commission as is specified in the cancellation notice. All board and commission meetings may be held electronically in the same manner proscribed for Council meetings in Rule 1. Rule 4. Suspension of all Non-essential meetings and agenda items. All non-essential government meetings shall be postponed until no earlier than April 24, 2020. Non-essential action items shall also be postponed until no earlier than April 24, 2020 unless doing so would pose substantial financial harm on the City or another party. Any person objecting to the postponement of an action item may notify the City Manager in writing regarding his or her objection. The City Manager shall review any written objections received and shall determine if the objection warrants consideration of an action item by Council or the appropriate commission or board before April 24, 2020. The City Manager shall notify the Mayor of all written objections received and his determination. Upon receipt of a written objection, the Mayor may override the City Manager's decision to postpone an action item. Rule 5. Licensed or Permitted Activities. The City Manager may suspend licenses or permits for special events or any other licenses or permits issued by the City which in the judgment of the City Manager could impact the public health or well-being of residents or visitors to the community. Rule 6. Purchases. The City Manager may authorize any purchase for which funds are available reasonably related to the emergency. Such purchases may be made without following each formal requirement of Title 6 of the Seward City Code. Rule 7. Personnel Policies. The City Manager may adjust any personnel policies related to leave time, other benefits or terms and conditions of employment as are reasonably related to providing sufficient staffing during the term of the emergency while protecting City employees and the community from COVID-19. Rule 8. Bargaining Units. The City Manager is hereby authorized to enter into such temporary agreements, including memoranda of understanding with the City's bargaining units in order to promote the provision of City services and the health and safety of the public and employees during the emergency. Temp. Emergency COVID-19 Rules and Procedures- 4/2/20 Page 2 of 5 00917765.DOCX Rule 9. City Facilities. The City Manager may close City facilities or limit hours of operation as is reasonably required to protect the health of the public and employees of the City. Rule 10. Public Access to City Facilities. City offices and facilities are closed to the public until April 24, 2020 except as specified in this rule. The Harbormaster office and the Police Department dispatch window remain open to the public for service. City services and departments remain accessible to the public via telephone and email. Individuals may request appointments for in-person meetings with City staff, which will be accommodated if doing so will not jeopardize the health or safety of the community of Seward or its members. Rule 11. Private Facilities. The City Manager may require businesses and commercial enterprises operating within the City to close or limit operations if necessary to protect public health, welfare, and safety. The City Manager may only order such closures or impose limitations on private businesses and commercial enterprises when the State of Alaska formally recommends that such action be taken. Any action by the City Manager under this rule must be narrowly tailored to meet State of Alaska recommendations. Rule 11.1 Business COVID-19 Protection Measures and Protocols. All businesses operating within the City shall comply with all relevant State of Alaska Health Mandates. All businesses serving members of the public at a physical location within the City shall post "COVID-19 Protection Measures and Procedures" on all entrances to and exits from the business. The "COVID-19 Protection Measures and Procedures" shall include, at minimum: A. A brief statement identifying the essential service or critical infrastructure operation permitting the business to continue operations under the "State of Alaska Essential Business and Critical Infrastructure Workforce Order" B. The sanitation measures taken by the business to prevent the spread of COVID-19 B. The social distancing measures taken by the business to prevent the spread of COVID-19 C. The description of a process for obtaining goods or services from the business without entering the business, if such a process is at all feasible. D. A contact number for individuals to report any violations of these measures to the business owner or his or her designee. An example of COVID-19 Protection Measures and Procedures will be posted on the City website. A "business" for purposes of this rule does not include state, federal or municipal government operations or facilities. Temp. Emergency COVID-19 Rules and Procedures- 4/2/20 Page 3 of 5 00917765.DOCX Rule 11.2 Essential Business/Critical Infrastructure State Protocols. Businesses identified as "essential" or as "critical infrastructure workforce" under the State of Alaska Essential Business and Critical Workforce Infrastructure Order (State Health Mandate 12 Attachment A) shall submit all Protocols or plans required by State of Alaska Health Mandate to the City as soon as possible after filing these protocols or plans with the State of Alaska. Businesses shall also provide the City confirmation of the State's approval of its plan or protocol no more than five days after receiving such approval. In the event a business plan or protocol requires amendment or is rejected by the State, the business submitting that plan or protocol must notify the City no more than 48 hours after receiving the State's notification of deficiency. Businesses required to submit a State plan or protocol under this rule shall complete a "State Protocol Acknowledgement" form and submit that form to the City with its protocol or plan. Submissions under this rule should be submitted electronically to manaqer(U)citvofseward.net. Businesses submitting a State plan and State Protocol Acknowledgement form under this rule are exempt from filing a mutual aid agreement under Rule 11.3. Rule 11.3 Mutual Aid Agreements. All businesses continuing to operate at a physical location within the City or on its waters with more than 25 employees must complete and file a Large Operator Mutual Aid Agreement with the City. This agreement will be available on the City's website. Submissions required under this rule shall be electronically submitted to manager(d)-cityofseward.net. Businesses filing a State protocol or plan and State Protocol Acknowledgement form under Rule 11.2 are not required to file a mutual aid agreement under this rule. "Businesses" under this rule do not include state, federal or municipal government operations or facilities. Rule 12. Social Distancing. All individuals shall comply with all State of Alaska Health Mandates while located within the City and no person shall enter City boundaries for an activity or in a manner that violates any State of Alaska Health Mandate. �in I I gui ii un. �i°iuc c aui uia!n a tc „� u6 )' iu a (" t u .... .. III i �ui ui i IIV„ �c �� IIV g ui u g w III ui u� g g ui ui „ c ui i ui ui IIL 2020a III ui c ui g ui do III iii in c III iu ui IIL i g in a i do iir � g g The� caui�� ��IIL aui c ui� �� ui�c uuiui c ��� gaol �g�c �� cui uiui�, City reserves the right to enforce these rules and State health mandates to the maximum extent permitted under law. Rule 134-2. Amounts Due and Owing. The City Manager, upon the recommendation of the Finance Director, is hereby authorized to extend deadlines for payment related to any amounts due and owing to the City. Duration. These rules, as revised, are effective for 90 days from their date of implementation. Council may repeal any or all of these rules by resolution. No rule shall remain in effect for longer than is necessary to protect the public health, safety, and welfare from the emergency public health crisis caused by Temp. Emergency COVID-19 Rules and Procedures- 4/2/20 Page 4 of 5 00917765.DOCX COVID-19. These rules shall expire immediately upon the repeal or expiration of the City of Seward declaration of emergency arising from COVID-19. Temp. Emergency COVID-19 Rules and Procedures- 4/2/20 Page 5 of 5 00917765.DOCX NOTICE OF COVID-19 PROTECTIVE MEASURES AND PROTOCOLS "Happy Hardware" is dedicated to working with the City of Seward to protect and preserve the safety and health of visitors to and residents of Seward from the spread of COVID-19 within the City. Happy Hardware Store is permitted to be open and serve customers because it is a "hardware store," and hardware stores are identified as "essential businesses" under the State "Alaska Essential Services and Critical Workforce Infrastructure Order." Here at Happy Hardware we have taken several steps to increase our sanitation protocols, which include: • Wiping down all cashier counters after each customer transaction using those counters • Providing employees latex gloves to wear while serving customers or working with cash or inventory • Suspending the sale of loose small items, such as single nuts and bolts, that are not individually wrapped. We have also taken the following steps to encourage social distancing within our store and in our parking lot: • Customers will now be responsible for bagging their own items to minimize physical contact between the cashier and customers • Disposable and unused pens are available to customers upon request • Red tape has been placed on the store floor 6 feet between taped spots to ensure customers have at least 6 feet between them while waiting to checkout. Please be sure to stand on a red "X" while waiting to check out and remember to keep 6 feet between you and all other shoppers Customers may call Happy Hardware at 555-1212 if you need to place a pick-up order. Please await a confirmation text or call from Happy Hardware before arriving to pick-up your order. We will call you when your order is ready. Happy Hardware takes your safety and the safety of our employees very seriously. Please call the store manager at 555-1212 to report any violations of Happy Harry safety measures or protocols you witness. 00917803.DOCX LARGE OPERATOR MUTUAL AID AGREEMENT This agreement is between ("Operator") and the City of Seward, Alaska ("City"). Both the City and Operator acknowledge that COVID-19 is a national pandemic that poses a substantial risk to public health, safety, and welfare within the City. As a result, the City has implemented Temporary COVID-19 Emergency Rules to protect and preserve the health and safety of Seward's residents and its visitors. While both the City and Operator acknowledge the importance of Operator's right to engage in lawful business within the City without interference by local government, both parties recognize that the significant risk posed to public health and safety requires both Operator and City to take measures to protect Operator, his, her or its employees, the Seward community, and the greater Alaskan community, from the spread of COVID-19. To this end, Operator agrees to comply with the following requirements: 1. Educate employees regarding COVID-19 symptoms and safety measures that may provide greater protection from COVID-19 and post such information in any common areas accessed by Operator employees in Seward; 2. Ensure compliance with Seward's Temporary COVID-19 Emergency Rules by Operator and his/her/its employees. These rules are incorporated into this Agreement and available on the City website; 3. Strictly follow all State of AK mandates, subjecting all employees arriving in Seward from a location outside Seward to quarantine to the greatest extent permitted by State of Alaska health mandates; 3. Monitor employees for symptoms of COVID-19, assist employees with accessing testing in the event that they display symptoms of COVID-19, and notify the City in writing at managera_cityofseward.net of any and all employees working in the City who have tested positive for COVID-19 within 24 hours of receiving notice of the positive test result. 4. In the event Operator or an employee or contractor for Operator tests positive for COVID-19 after or during working for Operator within Seward or on its waters, Operator agrees to notify the City within 24 hours of receiving the positive test result and agrees to provide the City with the contact information of the individual testing positive so the City can work with the individual to identify his or her close contacts within the City and notify them of their exposure. 6. Provide the City with a written statement regarding specific steps taken by Operator to comply with the terms of this Agreement and any additional measures taken to protect Operator's employees, customers or the public from COVI D 19. 6. Failure to comply with the terms of this Agreement shall constitute a breach of Agreement and the City shall have all remedies available to it under law. Operator and City acknowledge and agree that a breach of this agreement poses substantial risk to the protection and preservation of public health and safety and that the City shall be able to obtain an expedited court order requiring Operator to comply with the terms of this Agreement and enjoining any activity by Operator that violates this Agreement. Operator agrees that any breach of this Agreement is punishable by the maximum fines and penalties permitted by law or under State of Alaska health mandates. Operator shall pay the City's full attorney's fees and costs associated with the enforcement of this Agreement. Both parties hereby acknowledge and attest that all the information provided in this Agreement is true to the best of their knowledge, under penalty of perjury. This Agreement is signed 2020 and becomes effective immediately upon execution. Operator (Print Name) Scott Meszaros Seward City Manager Operator (Signature) 00916101.DOCX WRITTEN STATEMENT REGARDING COVID-19 PROTECTIVE MEASURES TAKEN BY OPERATOR I, , on behalf of Operator, hereby confirm that Operator has taken the following steps to protect our employees and the public from COVID-19: 00916101.DOCX STATE PROTOCOL ACKNOWLEDGEMENT FORM ("Operator"), hereby submits his/her/its State of Alaska travel protocol or plan to the City of Seward in place of a mutual aid agreement required under the City of Seward Emergency COVID-19 Rules. Operator acknowledges that through the submission of this plan or protocol, Operator enters into a mutual aid agreement with the City by which Operator agrees to comply with the protocol or plan and it's requirements and obligations while conducting operations within the City of Seward. Operator acknowledges that failure to comply with its State protocol or plan in the City of Seward would pose a substantial risk to public health, safety, and welfare within the City of Seward and in Alaska as a whole and may result in the loss of life or serious illness. Operator agrees to strictly comply with all rules, restrictions, and protocols identified in the submitted plan or protocol and acknowledges the City's authority to enforce the protocol or plan requirements to the maximum extent permitted by law. Operator acknowledges the City's right to obtain an expedited court order requiring Operator to comply with its State protocol or plan and the City's right to obtain an expedited court order enjoining Operator from conducting any activity or operation that violates Operator's State plan or protocol. Operator agrees to submit any amendments to its State of Alaska protocol or plan to the City at mana er( cityofseward.net within 24 hours of receiving approval for such amendments from the State of Alaska. Operator agrees to submit any reports or submissions it makes to the State of Alaska to the City no more than 24 hours after submitting these submissions to the State of Alaska. I, hereby signed this Acknowledgement form under penalty of perjury and acknowledge and affirm that I have full authority to enter into this agreement on behalf of Operator. (name) (Date) Title: Name of Operator: Scott Meszaros, Seward City Manager 20 April 2020 Aprile Th Maye Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 29 30 31 Apr 1 2 3 4 12:00pm Cancelled PACAB Mtg 5 6 7 8 9 10 11 7:00pm P&Z Mtg 6:00pm (Council Cancelled- Chambers) HPC Work Session 7:30pm Cancelled- HPC Regular Mtg(Council 12 13 14 15 16 17 18 7:00pm CC Mtg 12:00pm (Council Cancelled Chambers) PACAB Work Session (Cham bers) 19 20 21 22 23 24 25 10:00a m Cancelled- Seward 12:00pm Cancelled- KPB Assembly 6:00pm Cancelled- 26 27 28 29 30 May 1 2 7:00pm CC Mtg (Cham bers) Council Calendar 1 4/13/2020 8:10 AM May 20 May 2020 TuWe Th Junee Th SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 26 27 28 29 30 May 1 2 3 4 5 6 7 8 9 7:00pm 12:00pm Cancelled- Cancelled P&Z Mtg PACAB Mtg (Council Cham bers) 10 11 12 13 14 15 16 7:00pm CC Mtg 6:00pm (Council Cancelled- Chambers) HPC Work 7:30pm Cancelled- HPC Meeting 1 17 18 19 20 21 22 23 6:00pm 12:00pm Cancelled- Cancelled P&Z Work PACAB Work Session Session (Council (Chambers) Cham bers) 24 25 26 27 28 29 30 Memorial Day 7:00pm CC Mtg (Cham bers) 31 Jun 1 2 3 4 5 6 Council Calendar 2 4/13/2020 8:10 AM 20 June 2020 Junee Th Ju1We Th SuMo TuW Fr Sa SuMo Tu Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 31 Jun 1 2 3 4 5 6 7:00pm P&Z Mtg 12:00pm PACAB (Council Mtg Cham bers) 7 8 9 10 11 12 13 7:00pm CC Mtg (Council Chambers) 14 15 16 17 18 19 20 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council (Chambers) Cham bers) 21 22 23 24 25 26 27 7:00pm CC Mtg (Chain bers) 28 29 30 Jul 1 2 3 4 Council Calendar 3 4/13/2020 8:10 AM