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HomeMy WebLinkAbout10112021 City Council PacketSeand ON Council Agenda Packet US Army Corps of Engineers visit the Lowell Creek Diversion Tunnel September 30, 2021 Monday, October 11, 2021 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting October 11, 2021 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Tony Baclaan Vice Mayor Term Expires 2022 Sue McClure Council Member Term Expires 2023 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Janette Bower City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. National Coming Out Day Proclamation ............. Pg. 3 2. Wellness Week Proclamation .......................... Pg. 4 3. Domestic Violence Awareness Month Proclamation 6 B. Borough Assembly Report C. City Manager Report ......................................... Pg. 7 D. City Attorney Report ....................................... Pg. 22 E. Other Reports and Announcements — None 1. Presentations — None City of Seward, Alaska Council Agenda October 11, 2021 Page I 7. PUBLIC HEARINGS — None 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions *1. Resolution 2021-115, Authorizing the City Manager to Enter into a Construction Contract with Global Diving & Salvage Inc., for the Replacement of Sacrificial Anodes Cathodic Protection System on the Concrete Section of the Seward Harbor Float System in Amount not to Exceed $150,477.80, which includes a 10% Contingency, and AppropriatingFunds.......................................................................... Pg. 24 *2. Resolution 2021-116, Authorizing the City Manager to Spend an amount up to $35,000 for the Installation of Overhead Electric Power to the Scale House at the City RockQuarry ................................................................................... Pg. 34 *3. Resolution 2021-117, Authorizing the City Manager to Enter into the Contract with LTAS Technologies Inc. for Short Term Rental Registration and Compliance Services through December 31, 2024, for a total of $6,500 Annually, and Appropriating Funds............................................................................................ Pg. 42 *4. Resolution 2021-118, Approving Amendment No. 1 to the Contract with Boyd, Chandler, Falconer & Munson for the Provision of Basic Legal Services through August 1, 2023, for a Total of $66,000 Annually ................................................... Pg. 65 *5. Resolution 2021-119, Approving Amendment No. 1 to the Contract with R&M Consultants Inc. for On -Call Engineering and Grant Writing Services through December 31, 2024, and Appropriating Funds in the Amount of$25,000......................... Pg. 81 B. Other New Business Items *1. Approval of the September 13, 2021 City Council Special Meeting Minutes. Pg. 98 *2. Certify the October 5, 2021 Regular Municipal Election Results .................. Pg. 101 *3. Non -objection to the renewal of marijuana license 917758 for The Tufted Puffin, LLC........................................................................................ Pg. 104 *4. Appoint Dona Walker to the Historic Preservation Commission with a term to expire May, 2024................................................................................ Pg. 112 10. INFORMATIONAL ITEMS AND REPORTS — None It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska October 11, 2021 Council Agenda Page 2 `a PROCLAMATION WHEREAS, National Coming Out Day grew as a result of the 1987 March on Washington for Lesbian and Gay Rights, an event which helped establish Lesbian and Gay rights as an important issue for everyone, not just those involved in the queer community, and WHEREAS, first celebrated in the United States in 1988, National Coming Out Day is also observed in Ireland, Switzerland, the Netherlands and the United Kingdom; and WHEREAS, the foundational belief is that homophobia thrives in an atmosphere of silence, shame, and ignorance, and that once people know that they have loved ones who are lesbian or gay, they are far less likely to maintain homophobic or oppressive views; and WHEREAS, because respect for differences among humans is a defining characteristic of an advanced society, the City of Seward continues to work towards erasing misperceptions and bigotry by heightening awareness and understanding of the lives and experiences of all our community members; and WHEREAS, National Coming Out Day is a public celebration that encourages individuals to recognize and honor the universal ideals of honesty, tolerance, and acceptance; and WHEREAS, National Coming Out Day provides an opportunity for LGTBQ people to come out to family and friends and to educate and inform people about the true diversity of the LGBTQ community; and WHEREAS, by celebrating this diversity and by establishing a positive dialogue, we can foster an atmosphere of respect, understanding, and goodwill; and WHEREAS, the City of Seward is proud to celebrate National Coming Out Day and to recognize the many contributions that the LGBTQ community has made throughout the nation, as well as in our own community. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby recognize October 11, 2021 as NATIONAL COMING OUT DAY and encourage all citizens to support those individuals courageous enough to have already come out and to foster an environment in our community that allows others to find the strength to do the same. DATED THIS 11th DAY OF OCTOBER, 2021 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 3 PROCLAMATION WHEREAS, the Seward Prevention Coalition formed in 2005 with the overall mission of partnering to promote all dimensions of wellness through education, advocacy, and support; and WHEREAS, the Seward Prevention Coalition is made up of members of the community who represent other organizations, groups, and establishments within Seward, all with a collaborative attitude towards bettering our community; and WHEREAS, the Seward Prevention Coalition works with partners throughout the community to promote and foster wellness for all individuals; and WHEREAS, encouraging involvement in healthy activities, touching upon all the various dimensions of wellness, can positively impact overall health and wellness; and WHEREAS, the Seward Prevention Coalition has planned a variety of events for Wellness Week, taking place October 1 lth through 171h, to engage the community and promote wellness. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim October 11-17, 2021 as SEWARD WELLNESS WEEK and encourage all citizens to support the work of the Seward Prevention Coalition as they work to make Seward a healthier and happier place to live, work, and play. Dated this 11th day of October, 2021 THE CITY OF SEWARD, ALASKA Seward Prevention. (coalition Christy Terry, Mayor 4 SEWARD WELLNESS WEEK tOtl 8"vee- &-6 OleJs �t a GP SUNDAY 10110 12:00-2:00pm Bike Park Fun Day at Seward Community Bike Park 12:00-2:00pm Story Walk at Seward Community Bike Park 12:00-4:00pm Sewing Basics ** via Zoom **1:00-3:00pm Family Paint - 6+ at Seward Community Library 6:00-8:00pm All Ages Open Mic Jam at Temple Studios THURSDAY 10114 9:00-10:00am Walk & Talk at Waterfront Bike Path 10:00-11:00am SPRD Tot Time at Seward Community Library 1:00pm Bees Wax Wraps Class - 60+ at Seward Senior Center 1:30-3:30pm Walking for Wellness - 60+ at Cruiseship Terminal MONDAY 10111 9:00-10:00am Walk & Talk at Waterfront Bike Path 9:45-10:45am Tai Chi for Arthritis - 60+ at Senior Center TUESDAY 10112 9:00-10:00am Walk & Talk at Waterfront Bike Path 10:00-11:00am SPRD Tot Time at Seward Community Library 4:00pm SCLA Zoom Member Drive 11:00-11:30am SeaLife Center & Story Walk at Library Garden Small Fry School via YouTube 5:30pm Community Yoga - 12+ 11:30-12:00pm Toddler Story at Gateway Hotel Time by Sprout via Zoom 7:00pm Wellness Week 1:30-3:30pm Walking for Wellness Proclamation at Council Meeting - 60+ at Cruiseship Terminal FRIDAY 10115 9:00-10:00am Walk & Talk at Waterfront Bike Path ** 9:30am-2:30pm Ages 0-5 Development Screening at Library 9:45-10:45am Tai Chi for Arthritis - 60+ at Senior Center 4:30-5:30pm Hygge in Nature at Branson Pavilion 3:00pm Pregnancy & Postpartum 5:30-6:30pm Black Light Yoga Wellness Class at Library ** at APEX Gym 4:00-6:00pm Community ** Scavenger Hunt F eregistration Required 6:00-8:00pm Community Dance Party at Branson Pavilion 8:30-10:30pm SPRD Drive -In Movie at High School 6:00pm Community Meditation SATURDAY 10116 10:15am-12:00pm Historic Walking Tour starting at Library 1:00-2:45pm Historic Walking Tour starting at Library 5:00pm SPRD Pumpkin Prowl at First Lake Pavilion 5:00pm Historic Walking Tour ** at Woodlawn Cemetery 6:30pm Community Campfires at Waterfront WEDNESDAY 10/13 9:00-10:00am Walk & Talk at Two Lakes Trail 9:45-10:45am Tai Chi for Arthritis - 60+ at Senior Center 11:00am Sprout Family Services Baby Basics via Zoom 1:00pm All Ages Ukulele Jam at Seward Senior Center 7:00pm Writing Workshop - 14+ via Zoom SUNDAY 10117 10:15am-12:00pm Historic Walking Tour starting at Library 1:00-2:45pm Historic Walking Tour starting at Library **1:00-3:00pm Family Cookie Decorating - 5+ at Temple Studios 1:00-3:00pm Zombie March at Exit Glacier Road 6:00-&00pm All Ages Open Mic Jam at Temple Studios ** 6:45-8:15pm Introduction to Tai Chi at Library & via Zoom Check out the Facebook Event Page for Further Details! rr,.�rfP. 5 PROCLAMATION WHEREAS, domestic violence is a serious crime that impacts Alaskans at a higher rate than any other state in the U.S.; a 2015 University of Alaska Justice Center study found that 48% of Alaskan women have experienced domestic violence at some point in their lives; and WHEREAS, domestic violence takes on many forms, including physical abuse or control, financial abuse or control, and gaslighting or emotional abuse; and WHEREAS, everyone, without regard to age, race, religion, gender or economic status, deserves a safe home; and WHEREAS, domestic violence effects children, families, and entire communities; children that grow up in homes where domestic violence takes place can suffer lifelong negative health repercussions, including increased Adverse Childhood Experience (ACE) scores; and WHEREAS, the COVID-19 pandemic increased life stressors for many families, and domestic violence response organizations, both nationally and statewide, experienced an estimated 20% increase in calls for assistance; and WHEREAS, SeaView's longstanding DVSA program joined the Seward Prevention Coalition in July, 2021 and was renamed Seward's Safe Harbor Domestic Violence/Sexual Assault program; and WHEREAS, Seward's Safe Harbor DVSA program works to help all victims of domestic violence to regain safety and stability in their lives, and to heal from the trauma of abuse; and WHEREAS, the National Network to End Domestic Violence's campaign for October is "Every 1 Knows Some 1", which is particularly meaningful in Alaska where the rates of domestic violence are so high; and WHEREAS, it is important to break the silence and end the shame that victims of domestic violence often experience, to recognize the signs of domestic violence, and to support those suffering in abusive relationships; and WHEREAS, Domestic Violence Awareness Month provides an opportunity for the community to learn about prevention and safe interventions, and to show support for victims; and WHEREAS, the City of Seward is committed to working with local and state partners to help end domestic violence in our community, sharing the worthy goal of this month -long observance, sending a loud and clear message to abusers that domestic violence is not tolerated in Seward. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim October, 2021 as DOMESTIC VIOLENCE AWARENESS MONTH and encourage all citizens to support the work of Seward's Safe Harbor DVSA program, to wear purple this month as a symbol of support, and to work together to raise awareness of and put an end to domestic violence in our community. Dated this 11th day of October, 2021 THE CITY OF SEWARD, ALASKA OCTOBER s Nmestic Violence AWARENESS VONT Christy Terry, Mayor 6 City of Seward City Manager's Report October 11, 2021 Mayor Terry and Council Members, Infrastructure Bill I'm continuing to watch the infrastructure bill for potential funding sources for city projects. As opportunities present themselves, I will let you know. In speaking with our State and Federal Lobbyists, it appears Congress is continuing to work on building consensus on both the "physical" and "human" infrastructure bills. At this time, there is no date set for the physical infrastructure bill to be voted on by the House of Representatives. Forensic Audit City Administration reached out to Greene Accounting LLC to get a status update. Greene Accounting responded back that audit work is still underway and no ETA is available on project completion. Covid Updates I am encouraged to see the daily case counts are decreasing. At this time, all City employees will continue to wear masks while in City facilities. Emergency Operations The Assistant City Manager and Fire Chief held a meeting with community stakeholders regarding emergency operations and improving the flow of communication to our citizens on September 28th. City Administration continues to refine our internal processes in order to improve our community engagement. One item discussed during the stakeholder call was the need for increasing education for Seward citizens. The Fire Chief is requesting bids for ordering tsunami signage to aid in community awareness. Anima/ She/ter The Police Chief, Deputy Police Chief, Animal Control Officer, and Assistant City Manager continue to meet weekly with Dawson Construction. At this time, the Animal Shelter is scheduled to be completed by November 2022 (see the schedule included later on in the CMR with a detailed flowchart). The project is at 65% design. SBDC Position The Assistant City Manager met with the Chamber of Commerce, University of Alaska -Fairbanks, and SBDC on Sepptember 30"' regarding the SBDC position. This position will be posted to the public by October 15th and the goal is to get a candidate hired by the end of October. Cliff Cochran with SBDC will be setting up a date for the chosen candidate to present a short presentation in 9 months after start date to present to Council and the public to address the success they see and how the position is going for them. This project will provide updates when available to the public and to the Council. Electric Department Bond Application The Bond Bank met on October 5th and approved the bond for the projects that received Council approval City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Department: Date of Separation: Parks & Campground SPRD 10/04/2021 Operations Supervisor New Hires: Department: Date of Hire: Building/Fire Inspector Fire 10/04/2021 Recreation Assistant SPRD 10/08/2021 Journeyman Lineman Electric 12/01/2021 Corrections Officer Police Conditional Offer Available Full Time Positions: Department: Corrections Officer (1) Police Police Dispatcher Police Accounting Technician I AP Finance Community Development Director Comm Dev. Available Seasonal Positions: Department: Seasonal Library Aide (1) Library Seasonal Winter Park Maintenance SPRD Position Status: Advertising Since 04/12/2021 Advertising Since 06/21/2021 Advertising Since 09/03/2021 Advertising Since 09/23/2021 Position Status: Advertising Since 04/05/2021 Advertising Since 09/15/2021 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Date Department Description Amount 9/19/2021 Parks & Rec 2 Yetii Portable Pomr Stations $ 8,830,00 9/27/2021 Community Appraisal of 3 City Properties: SMIC for the US Coast Guard location, The Fort Raymond Property and the Annex $11,000.00 9/19/2021 Public Works Grader K' Attachment for Bob Cat Vehide #171 $11,650.00 9/07/2021 Public Works Street Department Winter Supplies - Calcium Chloride, Tundra Ice Melt, and Salt Bulk Bag $ 25,150.00 9/30/2021 Public Works Repair/Replace Engine for Vehicle #136 Dump Truck - Salle Source $ 28,390,00 Thank you, City of Seward Department Activity Reports Community Development Courtney L. Bringhurst ➢ Short Term Rental Permits — 1 reviewed and processed ➢ Building Permits — 10 reviewed ➢ Sign Permit — 1 reviewed and processed ➢ Dig Permits — 3 reviewed ➢ Variance Applications — 2 reviewed and prepped for Oct 19t" PZ meeting ➢ CUP Applications — 2 reviewed and prepped for Oct 19t" PZ meeting o 3 applications in the process of receiving and prepping for the next PZ meeting ➢ Public Meetings: (prepared packets for 1 of these meetings) 0 1 PZ Work Session 0 1 Flood Board Work Session and Regular Meeting ➢ Flood Plain: o Completed flood plain permit for Susan Urbach o Followed up with Stephanie and DOT about their Flood Plain permit (waiting on City Administration approval or request for CLOMR) ➢ Other: o Resolutions and Agenda Statements for CUP's, Variances, Title 15 Code Definition Changes, and Harmari o Meeting with Flo Analytics to kick off the GIS Needs Assessment o Working with surveyor on Animal Shelter replat and Cemetery survey o Recorded approved CUP and Sign Variance at the Recorder's Office in Anchorage o Met with various people in the community to answer questions about their property — uses allowed, setbacks, etc. Our mission is to provide community resource information services relating to the orderly development of the community, to promote safety and public order, protect the public health and general welfare of the citizens of the community and to stimulate systematic development of transportation, public utilities, school, and other public facilities through implementation of Council and Administration planning, zoning, historic preservation, and City land management policies. HOW CAN WE HELP? � o00 INFORMATI2N HELP �! yr L ASSISTa%GE COMMU.MTI 22a-ao48 DR zza-aoas DIRECT ON GUIDANCE SDLU-ION COMPLIANCE Its] Finance Department lessra Snyder ➢ Internal Utility Audit: Finance is continuing their review of accounts to ensure correct billings. Changes will take effect in January and the first bills with changes will be noted in February. ➢ Internal: Special thanks to the Finance team for the extra support and work during the budget process and openness to work through necessary changes in order to address audit findings from the 2020 audit. ➢ Budget: Finance is finalizing departmental operational budgets. The goal is a completely revised operational budget. This is a very detailed and collective effort that has required a great deal of time, dedication, and commitment, including a lot of extra hours and time from Finance. is Fire & Building Department Fire Chief Clinton Crites 24joza�uk-ia We can always use volunteers, if you or someone you know is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00 pm. Firefighter 1 training starting October 7t" with Bear Creek FD! Statistical Information; Fire & Life Safety Inspections YTD: 326 inspections discovering 568 violations. Emergency Calls year to date: 236 New Building Permits issued YTD: 40 with a total job valuation of $4,097,594. Demo Permits issued YTD: 5 • Code review for updating all Seward Fire, Building, and related codes still ongoing. • Stood by for the high school bonfire. • Prepping apparatus and station for winter weather � air PAY ATTENTION TO LOCAL ALERTS AND WARNINGS KNOW ESCAPE ROUTES BE PREPARED INSTALL SMOKE ALARMS AND TEST THEM MONTHLY 0 0 Ready Replace smoke detectors older than 10 years and Carbon Monoxide detectors older than 5 years. Change batteries every 6 months. Call the fire department 224-3445 if you need assistance. 12 SMOKE ALARMS ARE A KEY PART of a home fire escape plait. Wheii there is a fire, smoke spreads fast. Working smoke alarms give you early warning so you caii get outside quickly. SAFETY TIPS • Install smoke alarms in every bedroom. They should FACTS also be outside each sleeping area and on every level of the home. Install alarms in the basement. A closed door may slow the spread of smoke, heat, • Large homes may need extra smoke alarms. and fire. • It is best to use interconnected smoke alarms. Smoke alarms should be When one smoke alarm sounds, they all sound. installed inside every sleeping room, outside each separate • Test all smoke alarms at least once a month. sleeping area, and on every Press the test button to be sure the alarm is working. level. Smoke alarms should be connected so when one • Current alarms on the market employ different types sounds, they all sound. Most of technology including multi -sensing, which could homes do not have this level include smoke and carbon monoxide combined. of protection. • Today's smoke alarms will be more technologically (D Roughly 3 out of 5 fire deaths advanced to respond to a multitude of fire happen in homes with no conditions, yet mitigate false alarms. smoke alarms or no working smoke alarms. • A smoke alarm should be on the ceiling or high on a wall. Keep smoke alarms away from the kitchen to reduce false alarms. They should be at least 10 feet (3 meters) from the stove. • People who are hard -of -hearing or deaf can use special alarms. These alarms have strobe lights and bed shakers. • Replace all smoke alarms when they are 10 years old. onNATIONALFIRE PROTECTION ASSOCIATION Your Logo NFAA ft kaft Ntnnwm and kmmbftD romm an fM edeamcal aM r4LSW hazards 13 Harbor Harbormaster Norm Regis ➢ Both Travelifts have continued removing vessels from the harbor for winter storage. ➢ We are prepping the SMIC yard for the winter storage season. ➢ We continue to have a list for the 330-ton travelift for vessels to get lifted out of the water. ➢ The water throughout the harbor has been turned off, there are several locations that we will have water on for the winter. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last 2 lots at SMIC, this could take some time, but we are making headway. ➢ The fish cleaning stations are now closed due to the water being turned off. ➢ The harbor office is fully staffed. ➢ The Harbor has upgraded to the new software and are continuing to work through some minor issues with the on-line payments. ➢ The harbor office is on its winter schedule due to some staff shortages and are open Monday through Saturday. The Sunday harbor crew will check phone messages throughout the day and respond as necessary. ➢ Continuing to have meetings concerning the North East harbor launch ramp, we are at the 95% design we are waiting to receive the dredge permit from the CORP, we went out to bid on September 15t", and we will open bids October 8 at 11:00 am. ➢ Harris Sand and Gravel is the winning bidder for the G, K and L-Float replacement project. Thank you, council, for this well needed project, as soon as we have a construction schedule I will let you know. ➢ We opened bids for the Seward Harbor Cathodic Protection project on September24th at 3:30 pm. ➢ The winning bidder is Global Diving & Salvage, this contract will go before council at this meeting. ➢ We had a pre bid conference for the North East Launch Ramp on September 23rd at 1300 Six companies showed up for questions and a walk through of the project. 14 ➢ Below is a letter from a harbor user, you always hear the bad, so I like to let you hear the good. Hello, I just wanted to let you know that we pulled our boat out of our slip M for the season and don't plan to return until May of next year. I just wanted to give my highest compliments to the Harbor Master Office and City of Seward. This was my first summer having a boat slip in Seward and it was such a great experience. From how clean and organized everything was, to easy launch access and parking, convenient trash disposal and clean harbor bathrooms - the city does an amazing job taking care of its facilities. So, thank you for all of your hard work and for providing such a wonderful place to visit and enjoy. Thank ou a ain, I� Seward Community Library & Museum Bailey Sayler Museum Window Display Dennis Hitt and the Mt. Marathon Junior Race are featured in the Windows of History display. The exhibit tells the story of Dennis Hitt, a Seward High School graduate who fell to his death in a climbing accident on Mt. Alice in 1963. At the time, the 18-year-old Hitt was captain of the Seward Mt. Marathon race team and the trip up Mt. Alice was a training run for the big race. The first Mt. Marathon Junior Race held a year later was dedicated to his memory. The exhibit was created by the Resurrection Bay Historical Society. Library hours Tuesday — Friday 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. Museum Hours Friday — Saturday 1 p.m. — 5 p.m. October 12, 2021 the library will start scheduling for passport appointments again. U11 Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter • The replacement Mary Lowell cemetery marker is scheduled for install on October 9th. • We are in the process of winterizing facilities. • Staff are attending the annual Alaska Recreation & Park Association conference Oct. 5-7. Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https://www.cityofseward.us/departments/parks-recreation/campgrounds YTD Campspot Bookinas as of 09/30/21 Period Site Nights Revenue Completed Bookings 34,366 $ 1,404,190 Advance Bookings 23 $ 345 Total: 34,389 $ 11,404,535 Sports & Recreation Register for programs and reserve facilities: https://seward.recdesk.com/Community/Home View program details: https://www.cityofseward. us/departments/pa rks-recreation/sports-recreation 9/25 Disc Golf Tournament 6 participants 9/25 Free Barn Yard Games @Seward Music Festival 150+ estimated participants 9/27 Youth Leadership Council 6 participants 10/16 Pumpkin Prowl No registration required 10/30 Community Halloween Carnival 1 registered vendor UVA Tot Time I Tuesdays/Thursdays 9/21 — 9/28: 41 participants 18 Public Works Department Doug Schoessler ➢ Wind damage and Power outages: Strong winds blew down trees around town. Water and sewer systems had small issues from power outages, but all were taken care of with no significant repairs needed. ➢ Level 1 & 2 Soil investigations at the Public Works Facility on 6t" Ave.: No new news yet on this study. We expect to see results around October 6t" ➢ Wastewater and Lagoon overview study: We still expect to see the results of this study in early October. ➢ FLAP Grant: The geologists and the FLAP team are putting together cost estimates for the 25 slopes identified and will then re-evaluate the cost benefit of each one. This will further identify the ranking of areas to start construction. ➢ Tunnel: On September 30 we met with the Alaska Army Corp of Engineers and some national high- ranking USACE members for a site visit and discussion for funding to happen asap. It was a good meeting with viewing at both ends of the tunnel. 1. Evaluate transportation system use and needs; target USMP implementation 2. Rate identified transportation corridors based on maintenance input 3. Prioritize Rated Slopes 4. Develop conceptual designs and estimates by geotechnical specialist for highly rated slopes only 5. Evaluate benefit -costs and reprioritize rated slopes for proactive project selection 6. Track slopes in USMP; watching for trends of deterioration that require proactive risk reduction intervention 19 Streets: ➢ Brushing/vegetation management: Crews worked to clear streets and downed trees from roadways and City properties. Crews also worked to remove the buildup of grass and sand from under the guardrails on the Nash Rd hills. This will greatly aid drainage from the roadway. ➢ Pavement crack sealing: Annual crack sealing efforts began on City streets starting out on Nash Road and Bette Cato Avenue. Diamond Blvd was also completed. Water/ Wastewater: ➢ Winter prep: Sewer flushing almost finished and most outside water has been shut down and the campgrounds, sewer dump site, and the harbor. Only two water taps are left open for the winter. We will add those locations to the City website for the public's use. ➢ City building boilers: We will continue to monitor the boilers for any issues. ➢ Construction Locates: There are still a high number of locates are being done weekly for construction projects. We expect that to continue into the fall as people try to get projects done before the weather gets bad. Shop: ➢ Repairs and Maintenance. We are prepping for winter and will start snow tire changeover in the next few weeks. `11 Original 2021 2022 ID Description Duration Start Finish Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 15 Contract Award 1 07/27/21 07/27/21 (l­—Contr ctAwarc}•••••• •••••• 17 Conditional Use Permit 30 07/28/21 09/07/21 :c�_' _:; Conditional Use Permit 20 Schematic Design 30 09/01/21 10/12/21 p Schematic DesigH 30 Schematic Design Approval by City 10 10/20/21 11/02/21 Schematic Design Approval by City 40 Civil and Structural Design 50% 20 09/01/21 09/28/21 Civil and Structural Design 50% 50 Pre -Fabricated Structures Design 50% 15 11/03/21 11/23/21 Pre-Fabricated.Structures Design 50 60 Civil and Structural Design 95% 10 09/29/21 10/12/21 Civil and Structural Design 95 70 Pre -Fabricated Structures Design 95% 30 09/01/21 10/12/21 E : Pre -Fabricated Structures Design 95%------------- i 80 Civil and Structural Design Approval 10 10/20/21 11/02/21 Civil and Structural Design Approval' 90 Pre -Fabricated Structures Design Apprc 10 10/20/21 11/02/21 Pre -Fabricated Structures Design Approval 100 Plan Review and Permitting by City of S 15 11/03/21 11/23/21 Plan Review and Permitting by City of Seward 110 Civil and Foundation Installation 50 03/30/22 06/07/22 Civil and Foundation Installation 120 Pre -Fabricated Structure Manufacturing 60 11/24/21 02/15/22 ? : q - Pre -Fabricated Structure Manufacturing 130 Pre -Fabricated Structures Arrive on Site 1 06/08/22 06/08/22 Pre -Fabricated Structures Arriv 140 Set Structures 12 06/08/22 06/23/22 Set Structures', 150 Installation of Exterior Envelope 30 06/24/22 08/04/22Installation of Ex 160 Interior Construction 30 08/05/22 09/15/22 Interi 165 Exterior Construction 15 08/05/22 08/25/22 Exterior C 170 Utility Connections 10 08/26/22 09/08/22 Utility 180 Substantial Completion 1 09/09/22 09/09/22 Subst 190 Punch List 20 09/12/22 10/07/22 200 Final Completion 1 10/10/22 10/10/22 E Start Date: 07/27/21 Finish Date: 10/10/22 Data Date: 07/27/21 Run Date: 08/30/21 Seward Animal Shelter Schedule Update 8-30-21.ppx Page 1A \` _ 21 phoenix ROJECT MA NAG E R CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com October 5, 2021 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during September. Electric Utility We reviewed and revised a contract for fencing. We advised on conditions for extension of service. Personnel We advised on interpretation and application of the pet policy and several personnel matters including a grievance. Planning We advised on formalizing a drainage easement. We advised on application of Title 15 provisions on employee campgrounds. General Matters We continued work on the recodification project. By the end of the month our work had covered Titles 1-14 leaving Titles 15-17 to be completed. We analyzed an Open Meetings Act issue. We advised on a records request. We reviewed a draft recycling ordinance. We reviewed lobbyist contracts. W Seward City Council October 5, 2021 Page 2 Port We reviewed a proposed sublease and recommended changes. We reviewed several contracts for capital projects. You can expect to receive our next status report by November 3. Very truly yours, CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Brooks W. Chandler 23 Resolution 2021-115 Documents: • Agenda Statement • Resolution 2021-115 • Attachments: o R & M Signed Task Order 11 0 00030 Public Notice - Invitation to Bid 2021-09-27 Seward CP Bid Results Seward Harbor Cathodic Protection Contract 24 City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-115: Authorizing the City Manager to Enter into a Construction Contract with Global Diving & Salvage Inc., for the Replacement of Sacrificial Anodes Cathodic Protection System on the Concrete Section of the Seward Harbor Float System in an Amount not to Exceed $150,477.80, which includes a 10% Contingency, and Appropriating Funds Background and justification: In 1999, the Seward Boat harbor went out to bid for engineering and design for the replacement of E, F, a portion of G-float along with H and J-dock, in which council approved Resolution 99-028 authorizing Tryck Nyman Hayes INC (TNH) to perform these services. In Resolution 2000-147 Seward City Council approved Swalling Construction to replace these old wooden floats with concrete floats along with galvanized metal piling. This project was completed in 2001 with 20-year sacrificial anodes installed. In 2020, the harbor had some underwater water line breaks on the concrete section of the harbor while the diver was on site the harbor requested the diver to look at and report how much of the sacrificial anodes were remaining. The diver reported over half of the anodes were deteriorated and some were more that 50% gone, this is when they start deteriorating faster as there is less anodes protecting the piling. With the G, K & L-float project underway in 2021 and 2022, the harbor recommends replacing the anodes at this time, we could piggyback off this project to save on mob and demob cost due to the contractor for the G, K and L-float project will have divers weld anodes onto the new G, K and L- float pilings. The harbor is utilizing the R&M on call engineering contract requested R&M to design a cathodic protection system for this project (Task Order No 11). Once again with R&M being on site for the G, K & L-float construction project this again is saving city funds. The City, along with R&M drafted and finalized a competitive bid package based on the City's standard construction agreement, the scope of work and the availability of funds. This project was advertised according to SCC 6.10.210 and SCC 6.10.215. Four bids were received by the deadline of 3:30 pm on September 24, 2021. The City along with R&M reviewed all bids and concluded Global Diving & Salvage, Inc., was the lowest, most qualified and responsive bidder with a total bid amount of $136,798.00, a 10% contingency of $13,679.80 is requested to ensure the project moves forward without any delays if any unforeseen issues arise. The city needs to appropriate $150,477.80 which includes a 10% contingency to complete this project. NO The project consists of adding new 130 lb. anodes to all the steel piling on E, F, H, J and a portion of G-float, this will add years of service life to the galvanized metal piling. The bid tabulation follows: Seward Harbor Cathodic Protection Project Engineers Global Diving Resolve Highmark American Estimate & Salvage Marine Group Marine Fabrication Marine Corp Bid $220 800.00 $136 798.00 $352 120.20 $393 989.60 $222 433.00 Consistency checklist: Comprehensive Plan: Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. (Page 16 3.5.1) Strategic Plan: Complete the renovation of the Boat Harbor. (Page 7) Other: Fiscal note: Funding will come from Harbor Fund reserves and expensed to the Cathodic Protection Project infrastructure account no. 11440-0000-8101. Finance Department approval:�- Attorney Review: Yes X❑ No ❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-115. 41 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-115 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Construction Contract with Global Diving & Salvage Inc., for the Replacement of Sacrificial Anodes Cathodic Protection System on the Concrete Section of the Seward Harbor Float System in Amount not to Exceed $150,477.80, which includes a 10% Contingency, and Appropriating Funds WHEREAS, in 1999, the Seward Boat harbor went out to bid for engineering and design for the replacement of E, F, H, J and a portion of G-float, in which council approved resolution 99-028 authorizing Tryck Nyman Hayes INC (TNH) to perform these services; and WHEREAS, in Resolution 2000-147 Seward City Council approved Swalling Construction to replace these old wooden floats with concrete floats along with galvanized metal piling with sacrificial anodes; and WHEREAS, in 2020, the harbor had some underwater water line breaks on the concrete section of the harbor while the diver was on site the harbor requested the diver to look at and report how much of the sacrificial anodes were remaining, and WHEREAS, the diver reported over half of the anodes were deteriorated and some were more that 50% gone, this is when they start deteriorating faster as there is less anodes protecting the piling; and WHEREAS, the City developed a scope of work with the assistant of utilizing the R&M on call engineering contract requested R&M to design a Cathodic protection system for this section of the harbor (Task Order No 11) and advertised a competitive bid package according to SCC 6.10.210 and SCC 6.10.215; and WHEREAS, four bids were received by the required deadline of 3:30pm on September 24, 2021: and WHEREAS, the City and R&M engineering reviewed all bids and concluded Global Diving & Salvage Inc., was the lowest, most qualified and responsive bidder with a bid amount of $136,798.00; and WHEREAS, R&M request a 10% contingency for this project in the amount of $13,679.80 to cover any issues that arise: and WHEREAS, the not -to -exceed construction cost will be $150,477.80 which needs to be appropriated from the Seward Harbor unassigned fund balance. 27 CITY OF SEWARD, ALASKA RESOLUTION 2021-115 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby authorizes the City Manager to enter into a construction contract with Global Diving & Salvage Inc., in the not -to -exceed amount of $150,477.80 in substantially the form attached hereto, for the Seward Harbor Cathodic Protection Project. Section 2. Funding in the amount of $150,477.80 is hereby appropriated from the Harbor Unassigned Fund Balance account no. 11000-0000-3400 to the Cathodic Protection Project infrastructure account no. 11440-0000-8101. Section 3. This resolution shall take effect immediately upon its adoption. Passed and Approved by the City Council of the City of Seward, Alaska, this 11`I' day of October 2021. Ayes: Noes: Absent: Abstain: Attest: Brenda Ballou, City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 28 9Io1 Vanguard orive -Anchorage, Al 995a7 • 90752_.1707 gW��R&M CONSULTANTS, INC. 2Y2 Front Sheet "'11 •Fairbanks. AK 49701.9G7.4S2.5270 m, TASK ORDER NO. ii: Harbor Cathodic Protection This task order is subject to the terms and conditions of the Agreement for On -Call Engineering Services between R&M Consultants, Inc. (Engineer) and City of Seward (Owner) dated April 15, 2019 and any amendments thereto. This task order shall not be binding until it has been properly signed by both parties. Upon execution, this task order shall supplement the Agreement as it pertains to the task described below. i. Task Order Name: Harbor Cathodic Protection 2. Description of Services to be Performed by Engineer: Design a sacrificial anode cathodic protection system for a portion of the small boat harbor as described in attached proposal letter. 3. Owners Responsibilities for task order completion: provide information needed to complete work requests. Provide notice to proceed on or before September 1, 2021. 4. Deliverables and Schedule: Bid ready documents by October 1, 2021. 5. Payments to Engineer: Owner shall pay Engineer on a T&M basis in accordance with the contract rate schedule. Total Not -To -Exceed budget is $16,529 and will not be expended without prior written approval and task order amendment. IN WITNESS WHEREOF, the parties have executed this Task Order as of the Effective Date first above written under the hands of their duly authorized representatives. R&M CONSULTANTS, INC. Len Story, CEO (Signature) 08/09/2021 (Date) �Jw y forAlaska's Tomorrow City of Seward Janette Bower, City Manager A&WOV- (S!J ture) (Date) 29 SECTION 00030 - PUBLIC NOTICE - INVITATION TO BID CITY OF SEWARD, ALASKA Public Notice — Invitation for Bids Seward Harbor Cathodic Protection Project The City of Seward desires to receive bids from contractors to construct the Seward Cathodic Protection Project in the Small Boat Harbor Seward, Alaska. The City of Seward wishes to enter into an agreement with a qualified, experienced contractor familiar with commercial diving and installation of sacrificial anodes to complete the work as outlined in the plans and specifications. The scope of work generally includes furnishing and installing aluminum alloy sacrificial anodes on piling in a portion of the existing small boat harbor. Due to the heavy public use of the Seward Harbor in the summer months, no on site work will be allowed between May 1 and September 15. All work under this contract must be completed by April 30, 2022. An optional pre -bid conference will be held in the Seward City Council Chambers (5th Avenue & Adams Street), on September 15, 2021 at 10:30 a.m. The bid documents are available at the office of the Engineer. Electronic copies are available for no charge. Paper copies can be made available from a local reproduction company at the Contractor's expense. To receive a copy of the bid documents contact Jessica Koloski at 907 646-9600 or by email at JKoloski@RMConsult.com All bids including any amendments or withdrawals must be received and time -stamped at the City of Seward prior to 3:30 p.m. on September 24, 2021. Electronic or faxed bids will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: CITY CLERK City of Seward P.O. BOX 167 Seward Harbor Cathodic Protection Project 410 ADAMS STREET SEWARD, ALASKA 99664 The bids will be opened publicly in the City Council Chambers located at 410 Adams Street Seward, AK 99664 beginning at 3:30 p.m. on September 24, 2021. The contract shall be let by the Seward City Council to the lowest qualified responsive and responsible bidder. The selection of the qualified bidder will be at the sole discretion of the City of Seward, and the City reserves the right to reject any and all bids or not to award a contract if deemed in the best interest of the City. This solicitation does not commit the City of Seward to pay any costs incurred in the preparation of the bid or to award any contract. All questions relating to technical matters, bid procedures or other aspects of the project should be directed to the following: Jean Cumlat, E.I.T. (Phone: 907 646-9697 or by e-mail:JCumlat@RMConsult.com). All questions must be received no later than 4:00 p.m. on September 21, 2021. Seward Harbor Cathodic Protection Project PUBLIC NOTICE - INVITATION TO BID Page 00030 -1 30 9101 Vanguard Drive - Anchorage, Alaska 99507 • rmconsult.com R&M CONSULTANTS, INC. phone:907.522.1707 • fax:907.522.3403 • ema l@rmconsult.com SEWARD HARBOR CATHODIC PROTECTION PROJECT TO: All Plan Holders of Record SUBJECT: Bid Results Date: 09-27-2021 Bid Closing: 3:30pm September 24, 2021 A Bid Opening was held in Seward on Friday, September 24, 2021 at 3:30 PM. Below are the preliminary results: Contractor Estimate Base Bid Global Diving & Salvage, Inc. $136,798.00 Resolve Marine Group (Resolve Alaska Holdings, Inc.) $352,120.20 Highmark Marine Fabrication, LLC $393,989.60 American Marine Corp. $222,433.00 Global Diving & Salvage, Inc. is the apparent low bidder. Thank you for your interest in the project. Kai SECTION 00500 - CONTRACT CITY OF SEWARD, ALASKA Seward Harbor Cathodic Protection Program [PROJECT NAME AND NUMBER] CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Global Diving & Salvage, Inc. Company Name 5304 Eielson Street, Anchorage, Alaska 99518 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑x Corporation incorporated under the laws of the State of Washington its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed One Hundred Thirty Six Thousand and Seven Hundred Ninety Eight dollars ($1. 6 79g-oo ) for all base items, additional work, and change orders. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: April 30, 2022 or within N/A calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover One Thousand dollars ($1,000.00 ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ 136,798.00 Payment Bond, and $ 136,798.00 Seward Harbor Cathodic Protection Project CONTRACT Page 00500-1 Kea SECTION 00500 - CONTRACT Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. or any other Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the Generat Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Global Diving & Salvage, Inc. Company Name Signature of Authorized Company Representative Kendra Bulawa, Alaska Business Manager Typed Name and Title 10/1/2021 Date CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) Seward Harbor Cathodic Protection Project CONTRACT Page 00500-2 33 Resolution 2021-116 Documents: • Agenda Statement • Resolution 2021-116 • Attachments: o Quarry Scale Electric Installation info. 34 City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council Through: Janette Bower, City Manager From: Doug Schoessler, Public Works Director Agenda Item: Resolution 2021-116: Authorizing the City Manager to Spend an amount up to $35,000 for the Installation of Overhead Electric Power to the Scale House at the City Rock Quarry Background and justification: Public Works has been working diligently to have the quarry produce material to add positive revenue to the City funds. We have a contractor just finishing up a project and we need to make some improvements to the operations there. Adding electric power will enhance the scale house abilities for accurate measurement of product being sold and add some lighting and power which also helps with safety and security. The estimated cost of will be $35,000.00 and will be funded with recent profits of over $200,000.00 from the quarry sales. The City of Seward Electric Department will do the installation as weather allows. Consistency checklist: Comprehensive Plan: 6.2.6 Resource Development Strategic Plan: 3.2.2 Resource Development Fiscal note: Year-to-date 2021 quarry revenues earned by Public Works are $215,112, which will be used to pay the Electric Department to complete the work. Project costs will be tracked through an Electric Department work order and booked as Electric work order revenue upon completion of the project. Finance Department approval: Attorney Review✓: Yes ❑ No ❑ Not applicable X❑ Recommendation: City Council approve Resolution 2021-116. W Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-116 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Spend an amount up to $35,000 for the Installation of Overhead Electric Power to the Scale House at the City Rock Quarry WHEREAS, the City of Seward Electric Department has provided an estimate in the amount of $35,000 to install new electric power to the scale house at the rock quarry; and WHEREAS, the rock quarry is being developed by the Public Works Department and recently produced over $200,000 in positive revenue for the City; and WHEREAS, electric power will enhance the ability to continue producing rock and gravel products and add site security to operations; and WHEREAS, the cost to install power is to be funded from recent profits at the quarry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to spend an amount not -to -exceed $35,000 to the City Electric Department to install the overhead electric lines to the scale house. Funding will come from the 2021 YTD revenues of $215,112. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I Ith day of October, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 0-11 Seward Public Utilities NEW ELECTRIC SERVICE APPLICATION Name (please print) 6A-'� (-� S��� Mailing Address R ?) ;'X AQ-7 . "��Wudk AA< IcA�- ILI- 'i Phone No. Home/Celt Work " �}__X)Li - g61SCh PNz Service Lk't LA S'!Ao ^X Subd. Kenai Peninsula Borough Street Address `kl�-\ L�� f � � C `'i`"w kz"A 1. Type of Service: Check one a. Single Family Residence _ d. Commercial/Industrial _ le, - �J b. Mobile Home Park e. Other (specify) 1' u- c. Multi Family Dwelling_ C ►--j v-b �34,jaa -51-41 G SeF- 1-1-LSswv%.- 2. Closest Neighbor with existing power `4 CXr''� C jj \COi'\\ ( 3. Line Preference: Check one a. Overhead _ c. Single Phase b. Underground _ d. Three Phase IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVIDE A LOAD STUDY, TO THE ELECTRIC DEPARTMENT, SHOWING THE CONNECTED AND ANTICIPATED LOADS. IF THE SERVICE REQUESTED IS THREE PHASE, THE LOAD STUDY MUST SHOW HOW THE LOAD WILL BE BALANCED, AS WELL. Note: The engineering fee covers time spent by the engineer to assess and design the specific service requested, and is NOT REFUNDABLE. It will be applied to the cost of the job only if the job goes to completion. The undersigned owner(s) of Lot Block of Subdivision, or aliquot part Sect. T R of the S.M., whose boundaries are surveyed and officially monumented, agrees to grant to the City of Seward, a Municipal corporation, an easement to construct, operate, repair, and maintain electric distribution and service on sa�roperty. _ Signature: Date: 37 APPLICATION FOR COMMERCIAL SERVICE SEWARD PUBLIC UTILITIES PO Box 167, Seward, AK 99664-0167 Phone: (907) 224-4050 • Fax, (907) 224-4036 Date:0if1\ �� dCity Business License No: Business Name:.i t i F JcW GY T p1iirim, !r_v1iL FIN: Business Phone:— Fax:_ COW]) x) _ SOS Mailing Address: AV- C N tP Service Address: y A 14`% tUCVL ��=��Z`�(��,'� &`Seward, Alaska 99664 Type of Business: Corporation (must sign corporate guarantee) CiA-) 0� Scwo.'r6. ❑ Partnership 0 Sole Proprietorship Owner/Partner/Corp Officer Title Social Security # Driver's License # Bank Branch: Have you had an account with us before? Address: ❑ No ❑ Yes t If "Yes", under what individual name or business name:__E�._1 L1 e, SaAAP rik I certify that the above information is true and accurate and that I have received a copy of the policies for the City utility service, per the applicable tariffs and fees established by the City, I agree to pay for all charges relative to my utility service and to notify the City of Seward Utilities in person or in writing when I wish to discontinue service. In the event that this is a corporate account, I represent that I hold the above position with the corporation and possess the *ut4kprj!bLto execute this application on behalf of the corporation as its authorized agent. TOW1 r G Ok., q`or Signature/Title Date Signature/Title DEPOSIT REQUIRED Date Office Use Only Below DEPOSIT PAID:$ 38 DEPOSIT # Commercial NEW SERVICE REQUIREMENTS FOR THE CONSTRUCTION OF YOUR NEW SERVICE 1. Complete the new service application 2. Pay the engineering fee (see attached chart) 3. The Field Engineer will contact you for an appointment to meet you at the job site. 4. You must sign a completed right-of-way easement if required or requested by the City. The form can be obtained from the City Engineering office. This must be signed in the presence of a notary. If necessary, you must obtain any other easements or permits required to construct your service. The engineer will then make an estimate of the work that needs to be done. At this point, you are required to: S. Pay the following fees: • Estimated cost the job, in full. • New meter connection fee (see attached chart) • Security deposit 6. You are to follow the applicable electric service requirements, as outlined in the attached specifications. Options shown, or variations from the specifications shown, must be approved by the engineer. 7. The City does not take applications for Cable TV/Telecom; i.e. GCI (224- 8912) or TelAlaska (224-5224) 8. A Utility Locate Request/Digging Permit is required prior to digging within the City and to Mile 25. 39 Service Zone I Zone II Zone Temporary secondary service $73.71 103.20 Prim Overhead Extensions (Residence) 73.71103.20 ff88. Primary Underground Extensions (Residence) Secondary service 73.71 73.71 88.46 103.20 88.46 103.20 Primary Overhead tension (Subdivision, Mobile Home Park, Multi -Residence) 147.41 17b.95 206.40 Primary Overhead Extensions (Commercial & Fndtastrial) 294.83 353.80 383.28 Primary Underground Extensions (Commercial & Industrial) 294.83 353.$0 383.2$ Modifications of Existing Facilities 147.41 176.95 206.40 Street Lighting Systems and Yard Lights 73.71 88.46 103.20 NOTE: The Zone Fee or Charge is non-refundable unfit the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual cast of engineering services, 103 Ato] Service Zone I Zone II Zane Meter Testing, per test, when results determined meter is accurate 75.75 106.06 136.33 Reconnection to approved existing teeter installation 30.30 37.88 45.46 Reconnection to approved existing meter installation outside regular business hours 212.11 257,52 342.98 New connection fee 221.14 221.14 221.14 Mitaimum; Deposit - residential Account 121.54 121.54 121.54 Minimum Deposit - Commercial or Industrial Account 243.09 243.09 243.09 The larger of The larger of The larger of twice the twice the twice the Deposit - Interruptible, Off --Peale Account estimated estimated estimated monthly bill or monthly bill or monthly bill or S243.09 $243.09 $243.09 Tampering with or unauthorized breaking of meter seal $737.06 737.06 737.06 Per Annum interest on delinquent account 10.5% 10.5% 10.5% Door Hanger Fee 35.10 35.10 35.10 Monthly late fee on delinquent account 6.33 6.33 6.33 Dishonored check fee 39.59 39.59 39.59 Seasonal Turn -On Fee and Seasonal Turn -Off Fee $156.50 Turn- $156.50 Turn- $172.17Turn- (excludes brand now service; includes new account On on On name or same account name; waived if < 2 months 5 156.50 Turn- $156.50 Turn- $172.17Tuen- between turn-ofFand turn -on) Off Off Off Reconnection daring regular business hours following disconnection of delis eat account $57.32 $71.69 $86.03 Reconnection outside regular business hours following disconnection of delinquent account $200.74 243.72 287.79 Transmission Rate $7•841kW - per $7.84AW - $7.841W - Month per Month per Month 102 to Resolution 2021-117 Documents: • Agenda Statement • Resolution 2021-117 • Attachments: o STR Contract Draft — City of Seward E,N City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-117: Authorizing the City Manager to Enter into the Contract with LTAS Technologies Inc. for Short Term Rental Registration and Compliance Services through December 31, 2024, for a total of $6,500 Annually, and Appropriating Funds in the amount of $6,500 for 2021 Background and justification: The City of Seward has a thriving tourism industry, which brings with it a high need for nightly lodging. The Comprehensive Plan states that the Community of Seward wishes to support private sector businesses and home businesses. However, the Plan also states that the Community wants to maintain the small-town feel and family -oriented character throughout the growth process. This is a difficult balance to maintain, but certainly feasible with the right systems and processes in place. Harmari STR, operated by LTAS Technologies Inc., can provide the City of Seward with the necessary tools that will help the City establish an efficient monitoring and enforcing system for short-term rentals that promotes a better balance between hospitality and community. Harmari has created a customizable STR registration portal, which would allow the City of Seward to adapt the registration process online to reflect the requirements outlined in the City Code for Short - Term rentals. This would remove much of the difficulties for applicants and City employees, making it easier to submit, review, and permit short-term rental applications. Harmari STR also excels in code compliance, monitoring, and enforcement, which facilitates revenue generation, including STR occupancy tax collections, administrative citations, nuisance violations (complaints), and permit/license fees. As the City of Seward does not have a Code Compliance Officer, the services provided by Harmari STR would assist greatly in helping the City maintain the delicate balance between hospitality and community. Consistency checklist: Comprehensive Plan: • Community Values 0 2.2.1 Small Town Feel and Atmosphere — "people are friendly, and you know your neighbors" 0 2.2.8 City Government — "Develop practical enforcement procedures for code violations" o Goals, Objective, and Implementation Action Items 0 3.1.1.4 — "Support private sector business, employment, and programs" 0 3.9.1.1 — "Maintain Seward's small town, family -oriented character throughout the growth process 43 Strategic Plan: Pg13 ""Maintain Seward's small-town character throughout the growth process" Fiscal note: $6,500 will be appropriated for 2021 to expense account code: 01000-1122-7009 (Community Development - Contracted Services). Annual funding, in the amount of $6,500, will be appropriated through the budget process within the Community Development budget (01000-1122- 7009). The term of the contract is 12 months with an automatic renewal of 12 months unless either parry provides a written 30-day notice. Therefore, funding will be appropriated annually with each budget cycle. Finance Department approval: Attorney Review: Yes ❑ No ❑✓ Not applicable ❑ Recommendation City Council approve Resolution 2021-117. 44 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-117 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into the Contract with LTAS Technologies Inc. for Short Term Rental Registration and Compliance Services through December 31, 2024, for a total of $6,500 Annually, and Appropriating Funds in the amount of $6,500 for 2021. WHEREAS, the increase in Short -Term rentals in Seward over the past few years has brought to the City's attention the need to provide more guidelines and support for permitting these businesses; and WHEREAS, the City of Seward does not have a compliance officer and has a need to maintain consistency within City Code and what is being required of the citizens; and WHEREAS, the services provided in this contract would dramatically improve the process for registration and permitting Short -Term rentals, for business owners and City employees; and WHEREAS, the relationship between the City of Seward and LTAS Technologies Inc. will be mutually beneficial, with the City of Seward receiving excellent service from the Incorporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the contract, attached hereto, continuing Short -Term rental registration and compliance services through December 31, 2024. Section 2. $6,500 will be appropriated for 2021 to expense account code: 01000-1122- 7009 (Community Development — Contracted Services). Annual in the amount of $6,500 will be appropriated through the budget process under the Community Development budget account no. 01000-1122-7009. The term of the contract is 12 months with an automatic renewal of 12 months unless either party provides a written 30-day notice. Therefore, funding will be appropriated annually with each budget cycle. Section 3. This resolution shall take effect on January 1, 2022. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of October, 2021. W LICENSE AND SUBSCRIPTION AGREEMENT THIS LICENSE AND SUBSCRIPTION AGREEMENT is entered into as of August 18, 2021 (the "Effective Date") between LTAS Technologies Inc., an Ontario corporation (the "Licensor") and City of Seward (the "Licensee"). RECITALS: A. the Licensor is the owner and developer of the Licensed Software (as hereinafter defined). B. Licensee wishes to have, and the Licensor wishes to grant to Licensee, non-exclusive access to the Subscription Services (as hereinafter defined) and a non-exclusive license to use the Licensed Software for the sole purpose of providing the Licensee Services subject to the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: ARTICLE I DEFINITIONS 1.1 Definitions Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below: "Additional Software" means the software listed in Schedule "A" to this Agreement under "Additional Software Required" (as such Schedule may be reasonably amended by the Licensor from time to time), as may be further described in the Documentation; "Affiliates" means with respect to any corporation, any other corporation which directly or indirectly controls or is controlled by or is under direct or indirect common control with such first mentioned corporation, or any corporation which is directly or indirectly controlled by a corporation which controls the first mentioned corporation; "Agreement" means this License and Subscription Agreement, including all schedules and attachments to this Agreement; "Subscription Fees" has the meaning ascribed to it in Section 8.1 hereof; "Authorized Administrators" means those employees of Licensee who are authorized by the Licensee to supervise and manage the Licensee's access to and use of the Licensed Software and the performance of the Licensee Services by Designated Employees pursuant to this Agreement; "Licensee Data" has the meaning ascribed to it in Section 10.2 hereof; "Confidential Information" has the meaning ascribed to it in Section 10.1 hereof; "Licensee Services" means identifying and monitoring short term rentals (STRs) advertised online Ell "Computer System Requirements" means the software and hardware components and systems listed in Schedule "A" to this Agreement under "System and Hardware Components" (as may be reasonably amended by the Licensor from time to time); "Designated Employees" means those employees of Licensee or its Affiliates who have received appropriate training and supervision by Licensee to use the Licensed Software to provide the Licensee Services, each of whom shall have a fully paid -up user license; "Documentation" means the documentation, guidelines and other materials provided by the Licensor to Licensee from time to time describing the use and operation of the Licensed Software and the Subscription Services, as may be amended and updated from time to time by the Licensor; "Fees" means collectively, the Subscription Fees and the Percentage of Revenue Fees; "Licensed Software" means the software and related Documentation provided by LTAS Technologies Inc, "Password" has the meaning ascribed to it in Section 3.2 hereof; "Percentage of Revenue Fee" has the meaning ascribed to it in Section 8.1 hereof. "Subscription Services" means all hosted software provided by LTAS Technologies Inc; and "Term" has the meaning ascribed to it in Section 15.1 hereof. ARTICLE 2 LICENSE GRANTS 2.1 License Grants. Subject to the terms of this Agreement, including without limitation the payment of the Fees, the Licensor hereby grants to Licensee a limited, non-exclusive, non -transferable non-sublicenseable, license under the Licensor's copyrights and patents during the Term to use the Licensed Software internally and to access the Subscription Services for the sole purpose of performing the Licensee Services. The foregoing license granted to Licensee is expressly conditioned on Licensee not acting outside the license scope. No license is granted by the Licensor hereunder for any other purpose. 2.2 Further Restrictions on Use. Licensee shall not, and shall not permit any individual or entity (including Affiliates, the Designated Employees and Authorized Administrators) to: (i) duplicate, decrypt, decompile, reverse engineer, reverse assemble, extract, copy, reproduce, adapt, modify, alter or create derivative works of, or attempt to access or recreate the source code of, any component of the Licensed Software; (ii) use, or permit any third party to use the Licensed Software for time-sharing, rental, outsourcing or service bureau purposes; (iii) distribute, rent, lease, assign or otherwise transfer the Licensed Software to any third party; (iv) allow or authorize access to or use of the Licensed Software by any employee or agent, or other parry other than the Designated Employees and Authorized Administrator(s). The Licensor reserves all rights not expressly granted pursuant to this Agreement. 2.3 Licensee Data. Licensee hereby grants the Licensor a right to use, copy, store, modify and display the Licensee Data as needed to perform the Subscription Services and as otherwise expressly provided in Section 10.2 hereof. ARTICLE 3 SUBSCRIPTION SERVICES 47 3.1 Subscription Services. During the term, the Licensor will provide the Subscription Services in accordance with Schedule "B". Licensee will ensure that an Authorized Administrator approves each LTAS Technologies Inc. Work Order in accordance with the Documentation prior to the commencement of any Licensee Services (each, an "Approved Work Order"). 3.2 Access Controls. the Licensor will provide Licensee with one administrative user identification and log -in account password ("Password") to access Licensed Software. Licensee will restrict access to the Password only to Authorized Administrator(s) and Designated Employees under their direction. Licensee will take adequate security measures to maintain the confidentiality of the Password. Licensee will comply with any security procedures required by the Licensor to authenticate the Password as communicated by the Licensor from time to time, and Licensee will make no attempt to circumvent such measures. ARTICLE 4 USE OF THE LICENSED SOFTWARE 4.1 Use of the Licensed Software. The license grant to the Licensed Software in Section 2.1 and the use of the Subscription Services set forth in Section 3.1 are conditioned on Licensee's use of the Licensed Software in accordance with the terms of this Agreement and the Documentation. The Licensor will deliver to Licensee the information necessary to configure and obtain the Licensed Software. Licensee shall not permit anyone other than Designated Employees and Authorized Administrators to use the Licensed Software and access the Subscription Services except that Licensee may allow its Affiliates to use the Licensed Software and access the Subscription Services provided that all of the terns of this Agreement shall apply mutatis mutandis to Affiliates' use of the Licensed Software and that any such Affiliates first acknowledge and agree to be bound by the terms and conditions of this Agreement, and provided further that Licensee will continue to be the contracting party under this Agreement and will be responsible and liable for all of the actions of its Affiliates and their respective Designated Employees and Authorized Administrators and Licensee has purchased the required number of user licenses as required by this Agreement for itself and its Affiliates. 4.2 Additional Software and Computer System Requirements. Licensee acknowledges and agrees that the Additional Software and the Computer System Requirements are necessary to use the Licensed Software as described in the Documentation, and that Licensee must independently, at its own cost, purchase or appropriately acquire the Additional Software. 4.3 The Licensor's Changes to the Licensed Software. Licensee hereby acknowledges that the Licensor and its licensors, as the case may be, may update, modify, discontinue or add to the Licensed Software in the Licensor's sole discretion. The Licensor will provide Licensee with reasonable notice to the extent reasonably practicable in the event of any material change in the functionality of the Licensed Software. the Licensor reserves the right to withhold from the application of this Agreement and to refuse to make available to Licensee any part, portion or version of the Licensed Software that was developed for internal use, not -for resale, beta versions, or versions that have been customized pursuant to a specific customer specification. ARTICLE 5 OBLIGATIONS OF LICENSEE 5.1 Obligations of Licensee. Licensee shall: (a) Ensure that its use of the Licensed Software complies, and that its employees, its Affiliates and their respective employees, including Designated Employees and Authorized Administrators comply, with the terms of this Agreement and the Documentation. Licensee will notify the Licensor immediately upon its knowledge of any non-compliance with the terms of this Agreement or the Documentation and will use its commercially reasonable best efforts to immediately remedy such non-compliance; 48 (b) Ensure that the Designated Employees who are the software engineers responsible for performing the Licensee Services, are appropriately trained by the Licensor or a third party authorized by the Licensor as determined by the Licensor in its sole discretion; (c) Not provide to any third party any warranty, representation, or guarantees with respect to the specifications, features, or capabilities of the Licensed Software, including without limitations warranties of functionality or performance, that are inconsistent with the warranties, information and disclaimers contained in this Agreement; (d) Represent the Licensee Services and the Licensed Software accurately and fairly and in accordance with the Documentation and at all times protect and preserve the goodwill and image of the Licensor and the Licensed Software; (e) Conduct business in a manner that avoids deceptive, misleading or unethical business practices that are or may reasonably be detrimental to the Licensor, its Affiliates or licensors, including any disparagement of the Licensor, its Affiliates or licensors, or the Licensed Software; (f) Should Licensee's employees report to Licensor any feedback regarding the performance of the Licensed Software, including, but not limited to, complaints about the operation of the Licensed Software or suggestions for its improvement, the Licensor shall own any suggestion, idea, enhancement, request, feedback, recommendations or other information related to the Licensed Software (collectively, "Feedback"), on condition that: (i) neither Licensee nor its employees shall be identified by Licensor as the provider of Feedback; (ii) Licensor acknowledges that Feedback is provided "as -is" and that Licensee and Licensee's employees disclaims all warranties, express or implied, for Feedback, including the warranty of non - infringement; (iii) Licensee and Licensee's employees disclaim, and Licensor accepts and holds Licensee and Licensee's employees harmless from, any and all liability arising from the use of Feedback; and (iv) in exercising its rights under this license Licensor does not breach its obligations of confidentiality under Article 10; and (g) Comply with all applicable international, national, governmental, and/or local laws and regulations relating to its use of the Licensed Software and performance of the Licensee Services, and assure that in connection with performance of its obligations pursuant to this Agreement or arising or relating therefore, no Licensed Software or any portion thereof or information relating thereto, is exported, transshipped or re- exported, directly or indirectly, in violation of Canadian law and ensure that none of the Licensed Software may be downloaded or otherwise exported or re-exported to: (a) any individual located in any country to which Canada has embargoed goods ("Restricted Nations"),(b) any business or organization owned, controlled by or acting on behalf of an individual, business or organization in a Restricted Nation; (c) the governments of a Restricted Nation; or (d) to any individual, group or organization on the United States Department of Treasury's Office of Foreign Assets Control's list of Specially Designated Nationals or the United States Department of Commerce's Bureau of Industry and Security's List of Denied Persons as each may be amended from time to time. ARTICLE 6 The Licensor's OBLIGATIONS 6.1 the Licensor's Obligations. the Licensor shall: (a) Provide the Subscription Services for the Licensed Software in accordance with the service levels set forth in Schedule "B" attached hereto. Licensee's operational contact shall be Ron Chan, 877-352-3277 ext 2; 49 (b) Upon payment by Licensee of the applicable support and training fees as set forth in Schedule "C" hereto, provide the support and training services as described in Schedule "C"; and (c) Use its commercially reasonable efforts to maintain the security of the Licensed Software in a manner consistent with general industry standards. ARTICLE 7 WARRANTIES 7.1 Licensee's Warranties. Licensee hereby represents and warrants that: (i) it has the full corporate right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) its execution of this Agreement and performance of its obligations hereunder, do not and will not violate any agreement to which it is a party or by which it is bound; (iii) when executed and delivered, this Agreement will constitute the legal, valid and binding obligation of Licensee, enforceable against it in accordance with its terms; (iv) it will use the Licensed Software in accordance with this Agreement and the Documentation; (v) it will comply with its obligations set forth in Section 5.1 hereof; (vi) it will not challenge, dispute or contest, directly or indirectly, the validity, ownership or enforceability of any of the Licensor's right, title and interest in and to the Licensed Software or Trade -marks, or counsel, procure or assist any other party to do the same. 7.2 the Licensor's Warranties. the Licensor hereby represents and warrants that: (i) it has the full corporate right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) its execution of this Agreement and performance of its obligations hereunder, do not and will not violate any agreement to which it is a party or by which it is bound; (iii) when executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Licensor, enforceable against it in accordance with its terms; (iv) for the duration of the contract Term (the "Warranty Period"), the Licensed Software will perform substantially in accordance with the specifications set forth in the Documentation; (v) has the right to license the Licensed Software and Documentation and all copyrights and other intellectual property rights existing therein, and that it has the right to license and has licensed the Software and Documentation to Licensee hereunder. With respect to Licensed Software that does not perform substantially in accordance with the specifications set forth in the Documentation during the Warranty Period, the Licensor will rectify the issue(s) as soon as reasonable practicable after receipt of notification from Licensee. If the Licensor is unable to correct the issue(s) within one hundred and eighty (180) days of written notification, as Licensee's sole remedy and the Licensor's entire liability, Licensee will accept a refund of the Subscription Fees paid by Licensee; provided that the foregoing warranties are expressly contingent (and shall otherwise be void) upon use of the Licensed Software strictly in accordance with the terms of this Agreement and the Documentation and without misuse, damage, alteration or modification thereto. 7.3 Warranty Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.2, THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND the Licensor AND ITS LICENSORS MAKE NO WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, TITLE, USAGE OF TRADE OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, the Licensor EXPRESSLY DISCLIAMS ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE LICENSED SOFTWARE WHATSOEVER, ITS FITNESS FOR USE BY LICENSEE, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR - FREE OR UNINTERRUPTED OR THAT IT WILL PRODUCE A DESIRED RESULT. 67f ARTICLE 8 PAYMENTS 8.1 Fees. During the Term of this Agreement, Licensee shall pay to the Licensor the non-refundable (i) subscription fees ("Subscription Fees") as set forth in Schedule "D" to this Agreement. the Licensor may at its sole discretion, change its pricing or payment terms, upon providing at least sixty (60) days notice to Licensee prior to the end of the Term, subject to Licensee's right to terminate prior to the end of Term as set forth in Section 15.1. In addition, the Licensor may, at any time, add components and/or functionality to the Licensed Software and in such event, the Licensor will notify and provide Licensee with additional pricing terms for such new components/functionality, and Licensee will promptly notify the Licensor in writing whether it wishes to purchase such new component(s)/functionality, and if so, the Licensor will add the applicable charges for such new functionality to the Fees on a pro -rated basis for the remainder of the Term. Licensee will pay for any new components/functionality within thirty (30) days following receipt of the applicable invoice from the Licensor. 8.2 Subscription Fees. Subscription Fees will be charged in accordance with Schedule "D" hereto. Subscription Fees for the Term shall be paid by Licensee within thirty (30) days following receipt of invoice from Licensor. Licensee hereby undertakes to immediately notify the Licensor during the Terra at any time that it wishes to increase the number of user licenses of the Licensed Software pursuant to this Agreement, and will pay the Licensor the additional user license fees in accordance with the terms set forth in Schedule "D" hereto from the date of such usage pro -rated to the end of the Term to be paid by Licensee to the Licensor within thirty (30) days following its receipt of the Licensor's invoice(s). Licensor reserves the right to withhold access to the software if Licensee's account is greater than sixty (60) days in arrears. 8.3 Suspension of the Subscription Services. If Licensee's account is 30 days or more overdue, or Licensee's use of the Licensed Software is otherwise not in compliance with this Section, in addition to any of its other rights or remedies, the Licensor reserves the right to suspend Licensee's access to the Subscription Services without liability until such amounts are paid in full, and if such amounts are not paid in full within 30 days following notice thereof as determined by the Licensor in its sole discretion, the Licensor shall have the right to immediately terminate this Agreement. 8.4 Support Services and Training. Licensee will pay the applicable support and/or training fees and related expenses as set forth in Schedule "C" hereto. 8.5 Professional Services. At Licensee's election, the Licensor may provide system integration and/or consulting services to Licensee at the Licensor's then current prices for such services as set forth in Schedule "C", as may be amended from time to time by the Licensor in its sole discretion. 8.6 Additional Payment Terms. Any payment not received from Licensee by the due date may accrue late charges at the rate of one and a half percent (1.5%) per month or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. The Licensor's fees are exclusive of all local, state, federal, provincial and foreign taxes, levies or duties of any nature ("Taxes") and Licensee shall be responsible for payment of all Taxes in connection with its use of the Licensed Software, excluding only any taxes based on the Licensor's income. If the Licensor has the legal obligation to pay or collect taxes for which Licensee is responsible pursuant to this Section, the appropriate amount shall be invoiced to and paid by Licensee unless Licensee provides the Licensor with a valid tax exemption certificate authorized by the appropriate taxing authority. ARTICLE 9 62 MONITORING AND AUDIT RIGHTS 9.1 Monitoring. Licensee acknowledges and agrees that throughout the Term the Licensor may monitor and track Licensee's use of the Licensed Software and performance of the Licensee Services through the Licensed Software for billing purposes, gather feedback of usage of its features by Authorized Users, and to ensure Licensee's compliance with the terms of this Agreement and the Documentation. 9.2 Certification and Audit Rights. At the Licensor's request (but no more often that twice per year), Licensee will submit to the Licensor a signed certification from a Licensee officer verifying that the Licensed Software is being used pursuant to the terms of this Agreement and the Documentation. The Licensor or its representatives may enter and inspect Licensee's (and where applicable, its Affiliates') premises during normal working hours to verify Licensee's compliance with the terms of this Agreement. Any inspection will be undertaken in the presence of an authorized customer business systems representative of Licensee, and shall be limited to reasonable inquiries required in order to determine whether an infringement or non-compliance has occurred. Any Licensee records disclosed during such audit and the results of such audit shall be treated as Confidential Information pursuant to this Agreement. The Licensor shall provide Licensee with written notice of its intent to conduct such an audit at least ten (10) business days prior to such audit. If this examination reveals that Licensee (or its Affiliates) have improperly used the Licensed Software, the Licensor shall invoice Licensee for such unauthorized use based upon the Licensor's standard fees in effect at the time the examination is completed. ARTICLE 10 CONFIDENTIALITY 10.1 Confidentiality. Each party shall: (i) keep the other party's Confidential Information (as hereinafter defined) in strict confidence and shall not make use of the other party's Confidential Information for any purpose other than in connection with the Agreement; (ii) restrict disclosure of the other party's Confidential Information to those employees and representatives who have a need to know the information in order to perform such party's obligations under this Agreement, provided such persons are bound by the terms of this Section; (iii) exercise at least the same standard of care in protecting the confidentiality of the other parry's Confidential Information as it does with its own Confidential Information of similar nature but in no event less than reasonable care. Licensee acknowledges and agrees that the Licensed Software and the Documentation is Confidential Information of the Licensor. Without limiting the generality of the foregoing, disclosure includes providing access, distribution, sale, copying, dissemination, publishing, broadcasting or reproduction by any means whatsoever. Licensee further acknowledges that any unauthorized use or disclosure of the Licensed Software or Documentation may cause irreparable damage to the Licensor. If an unauthorized use or disclosure occurs, Licensee will immediately notify the Licensor and take all steps as may be available to prevent unauthorized use or dissemination. The Licensor agrees to take the same action regarding any Confidential Information it received from Licensee. Both parties must inform their employees and contractors having access to Confidential Information of its confidentiality obligations required to comply with this Section 10.1. Both parties agree to provide notice to the disclosing party upon its knowledge of or having reason to suspect a breach of any of the restrictions of this Section 10.1. "Confidential Information" means (i) information regarding a parry's, or party's Affiliates', financial condition, information systems, business operations, results, plans and strategies, products or services, pricing, customers and employees, and marketing and distribution plans, methods and techniques; (ii) with respect to the Licensor, the Licensed Software, Documentation and the Password, and all customer information, present or future business plans, licensors, licensing strategies, financial, sales and pricing information; research and development activities, inventions, products, designs, methods, know-how, techniques, systems, processes, engineering data, software programs, software code, works of authorship, technical data, devices or drawings of the Licensor; (iii) any information that is provided by one party which is not generally known by the public; (iv) any information marked "proprietary" or "confidential" and (v) proprietary or confidential information of any third party who may disclose such information to either party in the course of such parry's business. 6% Confidential Information shall not include information if, and only to the extent that, the recipient establishes that the information: (i) is or becomes a part of the public domain through no act or omission of the recipient; (ii) was in the recipient's lawful possession prior to the disclosure and had not been obtained by the recipient either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the recipient by a third party without restriction on disclosure; (iv) is independently developed by the recipient without recourse to the Confidential Information of the other party; (v) is disclosed by the recipient pursuant to a requirement of a governmental agency or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information which it is required to disclose and shall notify the owner prior to such disclosure in a timely fashion in order to permit the owner to attempt to prevent or restrict such disclosure should it so elect. 10.2 Privacy and Licensee Data. Any data provided by the other party, including with respect to Licensee, the Licensee Data (as defined below), will be treated as Confidential Information and subject to that parry's standard privacy policies and the security, privacy and confidentiality provisions contained in this Agreement. Each party agrees that it will only use such data to perform its obligations under this Agreement and not for direct marketing or promotions and will not distribute such data to any third party without the prior written approval of the other party. Notwithstanding the foregoing, Licensee expressly approves of the Licensor's use of Licensee Data as required for the purpose of providing the Subscription Services, monitoring Licensee's use of the Licensed Software and performance of the Licensee Services, ensuring proper billing procedures, creating and developing improvements, enhancements, bug fixes, modifications and additions to the Licensed Software, aggregating performance related statistics, monitoring internal processes for capacity and utilization and responding to service or technical problems. For clarity, notwithstanding the foregoing, nothing in this Agreement shall prohibit or restrict either party from using anonymous and aggregated statistical data to operate, market and promote its products or services. "Licensee Data" means any electronic data, infonmation or material submitted or uploaded by Licensee to the Licensed Software, including any Licensee data relating to their respective Applications. ARTICLE 12 OWNERSHIP 12.1 Ownership. Licensee acknowledges and agrees that as between the Licensor and Licensee, the Licensor and/or its licensors, as applicable, shall own all rights, title, and interest in and to the Licensed Software, Documentation, the Licensor's Trade -marks, the Licensor's Confidential Information, and all intellectual property rights related thereto. Licensee acknowledges that any unauthorized use of the Licensed Software or Trade -marks is and shall be deemed an infringement of the Licensor's rights. the Licensor acknowledges and agrees that as between the Licensor and Licensee, Licensee and/or its licensors, as applicable, shall own all rights, title and interest in and to the Applications, Licensee's trade -marks and Licensee's Confidential Information, and all intellectual property rights related thereto. ARTICLE 13 LIMITATIONS OF LIABILITY 13.1 LIMITATIONS OF LIABILITY. EXCEPT FOR ANY CLAIMS OF BREACH OF CONFIDENTIALITY, MISAPPROPRIATION OF INTELLECTUAL PROPERATY OR THIRD PARTY INDEMNIFICATION CLAIMS, IN NO EVENT SHALL EITHER PARTY OR ANY OF SUCH PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY FORM OR THEORY OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OR INACCURACY OF DATA, OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 53 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; OR (II) AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEEDING THE AGGREGATE AMOUNT OF THE FEES PAID TO THE LICENSOR DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY SUCH CLAIM. THE LIMITATIONS OF LIABILITY IN THIS SECTION AND THE WARRANTY DISCLAIMER IN SECTION 7.3 HEREOF SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. ARTICLE 14 INDEMNIFICATION 14.1 Indemnification by Licensee. Licensee will indemnify the Licensor against and hold it harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of (i) the failure of Licensee to comply with all applicable laws, rules, and/or regulations regarding the Licensed Software; (ii) the failure of Licensee to comply with the terms and conditions of this Agreement; (iii) Licensee's misuse of the Licensed Software or the provision of the Licensee Services to Licensee's customers (iv) any negligent act or omission of Licensee; or (v) any specification, documentation, or other intellectual property provided by Licensee to the Licensor that gives rise to any claim of infringement. the Licensor may participate in the defense or settlement of any such claim, suit or proceeding with counsel at its expense. 14.2 Indemnification by the Licensor. Licensor will indemnify the Licensee against and hold it harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of (i) the failure of Licensor to comply with all applicable laws, rules, and/or regulations; (ii) the failure of Licensor to comply with the terms and conditions of this Agreement; (iii) any negligent act or omission of Licensor; or (iv) any action against Licensee brought by a third party to the extent that the action arises from the infringement by the Licensed Software of any U.S., Canadian, or EU patents or copyrights of a third party. The Licensor will pay those costs and damages finally awarded against Licensee by a court of competent jurisdiction in any such action that are specifically attributable to such claim or those costs and damages agreed to in a settlement of such action. The foregoing obligations are conditioned on Licensee notifying the Licensor promptly in writing of such action; giving the Licensor sole control of the defense thereof and any related settlement negotiations; and cooperating, at the Licensor's request and expense, in such defense. Licensee may participate in the defense or settlement of any such claim, suit or proceeding with counsel at its expense. If the Licensed Software becomes, or in the Licensor's opinion are likely to become, the subject of an infringement claim, the Licensor may, at its sole option and expense, either (i) procure for Licensee the right to continue using the Licensed Software, (ii) replace or modify the Licensed Software so that they become non -infringing, or (iii) accept return of the Licensed Software, terminate this Agreement, in whole or in part, as appropriate, upon written notice to Licensee and refund Licensee the prices and/or fees paid for such Licensed Software upon such termination. Notwithstanding the foregoing, the Licensor will have no obligation under this Section or otherwise with respect to any infringement claim based upon any use of the Licensed Software not in accordance with this Agreement, any use of the Licensed Software not in accordance with the Documentation, or any use of the Licensed Software in combination with products, equipment, software, or data not supplied by the Licensor if such infringement would have been avoided but for the combination with other products, equipment, software or data, any use of any release of the Licensed Software other than the most current release made available to Licensee, or any modification of the Licensed Software by any person other than the Licensor or its authorized agents or subcontractors. Such indemnification shall not apply to the extent to which any specification, documentation, or other intellectual property provided by Licensee for use in the Licensed Software gives rise to any claim of infringement. THIS SECTION STATES THE LICENSOR'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY CLAIMS OF INFRINGEMENT. 54 ARTICLE 15 TERM AND TERMINATION 15.1 Term. This Agreement is effective as of the Effective Date and will remain in full force and effect for a period of 12 months from the Effective Date. (the "Initial Term") and shall automatically extend for successive 12 month periods (each, a "Renewal Term") (colIectively, the Initial Term and Renewal Terms shall be referred to herein as the "Term"), unless either party provides the other party with written notification of its intent not to extend the Agreement at least thirty (30) days prior to expiration of the Original Term or the applicable Renewal Term as applicable. 15.2 Termination. The parties may terminate this Agreement as provided below: (a) Licensee and the Licensor may terminate this Agreement by mutual written consent at any time. (b) Either party may terminate this Agreement by giving notice to the other party at any time if the other party has breached any representation, warranty, obligation or covenant contained in this Agreement and this breach has not been cured within a 30 day period from the date of its receipt of notice thereof, provided that upon any repeated breach by Licensee of any of its representations, warranties, obligations or covenants, Licensee shall not be entitled to a second cure period and the Licensor's right to immediate termination as set forth in Section 15.2(c) below shall apply. (c) the Licensor shall have the right to immediately terminate this Agreement upon any repeated breach by Licensee of any of its representations, warranties, obligations or covenants contained in this Agreement upon providing written notice to Licensee thereof. (d) Either party may terminate this Agreement (i) if the other party declares insolvency or bankruptcy, (ii) if a petition is filed in any court and not dismissed in ninety (90) days to declare the other party bankrupt or for the other party's reorganization under bankruptcy, insolvency, reorganization, moratorium, or other laws relating to or affecting the rights of creditors; or (iii) if the other party consents to the appointment of a trustee in bankruptcy or a receiver or similar entity. (e) the Licensor may terminate this Agreement immediately at any time in the event that Licensee breaches any of its licensing, ownership or confidentiality related obligations prescribed under Articles 2, 3, 4, 5, S, 9, 10, 12 and 14. 15.3 Actions upon Termination or Expiration. In the event of termination or expiration of this Agreement: (a) Licensee shall immediately cease and desist from using the Licensed Software and return to the Licensor any copies of the Licensed Software and Documentation in its possession; (b) Each party shall immediately return the Confidential Information of the other party, including any copies thereof, (c) Licensee shall immediately pay any outstanding Fees to the Licensor and any other amounts payable to the Licensor hereunder; (d) Licensee shall maintain all books, records, business reports and other reports relating to the use of the Licensed Software and provision of the Licensee Services for a period not less than three (3) years and permit the Licensor, after a reasonable notice, to inspect such records at least once within the three month period after termination; provided that upon any termination of this Agreement (except mutual termination pursuant to W Section 15.2(a) or termination by Licensee pursuant to Section 15.2(b) above) or expiration of this Agreement, Licensee shall not be entitled to receive any reimbursement of any payments made to the Licensor heretofore pursuant to this Agreement, including, without limitation, any prepaid Fees. (e) Upon termination by Licensee in accordance with Section 15.2(b) or mutual termination by the parties pursuant to Section 15.2(a), the Licensor shall provide Licensee with a refund equal to the portion of the pre- paid Subscription Fees and any prepaid Transaction Fees not yet used for the then current Term prorated to the end of the then current Term. 15.4 No Prejudice to Other Rights. Any termination pursuant to Section 15.3 shall be without prejudice to any other rights or remedies which one party (referred to in this Section 15.4 as the "nonbreaching party") may have in respect of any default by the other parry (referred to in this Section 15.4 as the "breaching party"). Any failure by the nonbreaching parry to exercise its rights hereunder to terminate or otherwise to enforce or recover damages for any default, breach or non -observance by the breaching party of any covenant, condition, obligation or term of this Agreement will not affect or impair the nonbreaching parry's right in respect of any subsequent default, breach or non -observance of the same or a different kind, nor will any delay or omission of the nonbreaching party to exercise any right arising from any default, breach or non -observance affect or impair the nonbreaching parry's right as to the same or any future default, breach or non -observance provided however, that nothing in this Section 15.4 shall be construed or interpreted as to override any provision in this Agreement limiting the remedies of a nonbreaching party against a breaching party. 15.5 Survival. Notwithstanding any provisions to the contrary herein, the provisions of Sections 2.2. Section 7.3 and Articles 8, 9, IQ, 11, 12, 13, i4 and 15 shall survive the termination or expiration of the Agreement. ARTICLE 16 GENERAL PROVISIONS 16.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Neither party shall have the right to assign or otherwise transfer its rights or delegate its duties under this Agreement without the express written consent of the other party. Notwithstanding the forgoing, the Licensor may assign this Agreement in the event of a merger, consolidation or the sale of all or substantially all of its assets or stock and the Licensor may assign its rights to monies due or becoming due, without Licensee's consent. 16.2 Governing Law All of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement will be governed, construed, and enforced pursuant to the laws of the State of New York, without regard to New York's rules concerning the conflict of laws. Any action brought in relation to this Agreement will be brought in state or federal court Iocated in Niagara County, New York, and Licensor hereby waives any claim as to forum non conveniens or lack of personal jurisdiction. 16.3 Announcements. Solely for the purpose of marketing and promoting the relationship under this Agreement, each party hereby grants to the other party the right to use and display its trade -marks, logos and trade names for the sole purpose of marketing and promoting the relationship under this Agreement, subject to compliance by the other party with such party's trade -mark guidelines as provided from time to time. Neither party shall issue such publicity and general marketing communications concerning their relationship under this Agreement without the prior written consent of the other party of the form of such usage (not to be unreasonably withheld or delayed). Neither party shall disclose the terms of this Agreement to any third party other than its outside counsel, auditors, and financial and technical advisors, except as required by law or 611- pursuant to a non -disclosure agreement containing confidentiality obligations at least as restrictive as those contained in Article 10 hereof. 16.4 Non -solicitation. Each party agrees that during the Term of this Agreement and for a period of one (1) year thereafter, that it will not, without the prior written approval of the other party hire or enter into a contract with any employee, agent or representative of the other party to provide services, directly or indirectly, induce or attempt to induce or otherwise counsel, discuss, advise or encourage any employee, consultant, agent or representative of either party to leave or otherwise terminate such person's relationship with that party. 16.5 Notices. All claims, instructions, consents, designations, notices, waivers, and other communications in connection with the Agreement ("Notifications") will be in writing. Such Notifications will be deemed properly given (a) when received if delivered personally, (b) if delivered by facsimile transmission when the appropriate telecopy confirmation is received; (c) upon the receipt of the electronic transmission by the server of the recipient when transmitted by electronic mail, or (d) within three (3) days after deposit with an internationally recognized express delivery service, in each case when transmitted to a party at the following address or location: If to the Licensor: LTAS Technologies Inc. Attn: Allen Atamer 505 Consumers Road Unit #314 Toronto, Ontario, CANADA M2J 4V8 Facsimile: 647-795 -9186 If to Licensee: City of Seward Community Development PO Box 167 Seward, AK 99664 907-224-4048 Either party may send any Notification hereunder to the intended recipient at the address set forth above using any other means (including personal delivery, expedited courier, messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such notice, request, demand, claim, or other communication will be deemed to have been duly given unless and until it actually is received by the intended recipient. Either party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other notice in the manner herein set forth. 16.6 Independent Contractors. The relationship of the Licensor and Licensee established by this Agreement is that of independent contractors and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint venturers, franchisor -franchisee, co -owners or otherwise as participants in a joint or common undertaking, or(iii) allow Licensee to create or assume any obligation on behalf of the Licensor for any purpose whatsoever. Notwithstanding anything to the contrary in this Agreement, nothing contained herein shall limit the Licensor's ability to enter into similar agreements in the future with others or shall restrict the Licensor, its 57 distributors or licensees from marketing, licensing, distributing, maintaining or servicing the Licensed Software or providing the Licensee Services to any third party. 16.7 Severability. If this Agreement or any provision thereof is, or the transactions contemplated hereby are, found by a court of competent jurisdiction to be invalid, void, unenforceable for any reason or inconsistent or contrary to any valid applicable laws or official orders, rules and regulations, in whole or in part, the inconsistent or contrary provision of this Agreement shall be null and void and such laws, orders, rules and regulations shall control and, as so modified, this Agreement shall continue in full force and effect and the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law; provided, however, that nothing herein contained shall be construed as a waiver of any right to question or contest any such law, order, rule or regulation in any forum having jurisdiction. 16.8 No Waiver. No provision of the Agreement will be considered waived unless such waiver is in writing and signed by the party that benefits from the enforcement of such provision. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive a party's rights under the Agreement at any time to enforce strict compliance thereafter with every term and condition of the Agreement. 16.9 Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers or such other event beyond the reasonable control of either party. 16.10 Further Assurances. The parties will each perform such acts, execute and deliver such documents and instruments, and do such other things as may be reasonably requested to accomplish the transactions contemplated by this Agreement and to cant' out the purpose and intent hereof. 16.11 No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and, except as otherwise provided herein, no other Person will have any right, interest, or claim under this Agreement 16.12 Entire Agreement. This Agreement, together with the Schedules, exhibits, attachments and appendices hereto, constitutes the entire agreement and understanding between the parties or any of their Affiliates with respect to its subject matters and supersedes all prior agreements, understandings and representations, written or oral, to the extent they relate in any way to the subject matter of the Agreement. 16.13 Counterparts of the Agreement. The Agreement may be separately executed by the parties in two (2) or more counterparts and all such counterparts shall be deemed an original, but all of which together shall constitute one and the same instrument and will be binding on the parties as if they had originally signed one copy of the Agreement. Delivery of a copy of this Agreement or such other document bearing an original signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial - up connection or whether mediated by the worldwide web), by electronic mail in "portable document format" (".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. "Originally signed" or "original signature" means or refers to a signature that has not been mechanically or electronically reproduced. 16.14 FCPA Compliance. Except as may be expressly permitted by the Foreign Corrupt Practices Act, Consultant shall not, either directly or indirectly, in order to assist in obtaining or retaining business for or with, or directing any business to, any person, make or cause to be made, a payment of money or offer, gift, promise to give or authorization of the giving of anything of value to any foreign official or to any foreign political party or official thereof for the purposes of (a) influencing any act or decision of that person in his or 58 its official capacity; (b) inducing that person to do or omit any act in violation of his or its IawfuI duty; (c) securing any improper advantage; or (d) inducing that person to use his or its influence to affect or influence any official act or decision by such person. 16.15 Insurance Requirements: Licensor shall at all times during the term of this Agreement maintain general liability insurance, including for bodily injury (including death), property damage, contractual and completed operations liability with limits of liability of at least $2,000,000.00 per occurrence, $2,000,000.00 in the aggregate, errors and omissions insurance with limits of liability of at least $1,000,000.00 per occurrence, professional liability insurance with limits of liability of at least $1,000,000.00 per occurrence, and workers' compensation and employer's liability insurance as required by applicable laws. Licensor will provide Licensee with certificates of insurance, and a copy of the additional insured endorsements described herein, upon Licensee's request. 16.16 Not Exclusive. The parties acknowledge that their relationship under this Agreement is not exclusive as to either party. Licensor further acknowledges that this Agreement places no minimum volume commitments or similar obligations upon Licensee.IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written above. City of Seward (Licensee) LTAS Technologies Inc City Manager: NAME: Janette Bower PRINTED: Allen Atamer TITLE: CEO Date: DATE: 8/31 /2021 ATTEST City Clerk: Brenda Ballou 59 Schedule "A" System and Software Requirements A. System and Hardware Requirements The following operating systems are supported • Microsoft Windows 10 or higher tart • Mac OS X 11.0 or higher • Linux (Ubuntu, CentOS 7 or higher, Debian, RedHat) The following machine requirements are supported for all users • Desktop PCs with 2 Ghz Pentium 4 or Later, 4 GB RAM or • Smartphones or tablets running iOS 14 or higher, Android 12 or higher, Blackberry 7 or 10 to end of life The following web browsers are supported for all users • Chrome, Firefox, Safari, Opera browsers with auto -update on • Microsoft Internet Explorer version I I (support provided until December 31, 2021) • Microsoft Edge browser with auto -update on I*'- High Speed Internet Access (minimum 5 M13ps) E-mail access Firewall allowing harmari.com 60 Schedule "B" Schedule of Deliverables Delivery Date Milestone Amount Due Payment Due Agreement 100% of STR inventory Initial Term Amount in Agreement Date Date + 30 investigated, findings Schedule "D" Days reported Agreement Ongoing Monitoring of STR Renewal Term Amount in Agreement Date + 12 Date + 12 Schedule "D" months months I , Access to a web portal to be made available to the Account Administrator, where by an archive of short term rental data is available for download, including 1. Taxcrawler report in Excel format (XLS) 2. Dashboard report in PDF format 3. Screenshots folder with supporting evidence from investigation findings 4. Archives folders itemized by property ID number including a. Listing text (HTML) b. Pictures (JPG) c. Reviews (HTML) For the duration of the Term the web portal will be accessible 24/7 via secure password -protected login at harmari.com 61 Schedule "C" SUPPORT AND TRAINING SERVICES Customer Support The Licensor Provides two levels of customer support services in support of the Licensed Software during the Term. This includes support of all Licensor's software. (a) Premium Customer Support All the General Support Components listed below (b) Standard Customer Support Fee: As set out in Schedule "C (c)" Fee: Included in Subscription Fee All the General Support Components listed below. Licensor Customer Support will be limited to reporting service and technical issues only that are not addressed on the Licensor website. Licensor will direct any `how to' or usage questions to the Licensees appointed contact and/or the online help resources. General Support Components: Customer Support: 1-877-352-3277 or support,,harmari.com Support Hours: Monday — Friday 9:OOAM -• 6:OOPM North American Eastern Time Initial Incident response within one business day (c) Professional Services Fee: $125 per hour + expenses At Licensee's election, the Licensor may provide the following additional services: system integration, customization, maintenance on customizations, and consulting services, based on upfront scope of work and pre -approval. Expenses shall include without limitation, costs of travel and professional services fees expended in loading and testing applications outside of the Licensor's offices. (d) Subject Matter Expert services Fee: $275 per hour + expenses At Licensee's election, should Licensee's staff be required for court appearances in litigation matters, including preparation, travel time, pre -court meeting, court appearance and expert testimony and evidence review and analysis the hourly rate indicated above should apply. 62 Schedule "D" FEES Subscription Fees Licensee shall pay to the Licensor the Subscription Fees which amount shall include a site license for use of the Licensed Software. Subscription Fees shall be non-refundable except as otherwise expressly provided in the Agreement. Subscription Fees will include standard support and maintenance coverage. All fees are specified in $USD Licensee will pay the Subscription Fees on a one-time basis. Licensee shall pay the Licensor for Transaction Fees within thirty (30) days of receipt of any such invoice. Licensor reserves the right to withhold access to its software or services should Licensee's account become more than sixty (60) days past due. Component Description Year 1 Year 2 Year 3 Optional Optional Address Identification and Reporting (Optional) • (Airbnb, VRBO/HomeAway, FlipKey/Trip Advisor, Booking, Craigslist + 75 other websites) $3,500 $3,500 $3,500 • Manual insertion of one-off websites • 4x per week monitoring, weekly identification Mort STR Registration Portal (Optional) • Customized per City ordinance • Payment processing including credit card fees $1,500 $1,500 $1,500 • Automated renewal reminders • Customer Service assistance 8 AM — 5 PM PT Compliance Monitoring 1 Enforcement (Optional) $1,500 $1,500 $1,500 • Up to 2 rounds of letters per non -compliant STR * Conditional on the City of Seward obtaining a Paypal account to receive funds. If the City chooses to use LTAS Technologies merchant ID for receiving Paypal payments, an extra charge of $1,000 per year is incurred to reconcile the accounting records. Paypal charges about a 3% credit card processing fee which is deducted by Paypal when funds are deposited. 63 For Identifiability, Harmari guarantees that it will provide the correct full name and exact address of the STR operator a minimum percentage of total STR inventory for Year 1 of the contract. Listing Building Type Target Penalty for Missing Target identification House, Villa, or other single 95% 1% of contract per 2% below target to a family dwelling maximum of 25% of contract Year 1 Apartment, Condo or other unit 75% of a multi -family dwellin Tent, Tree -house, RV, or other NIA NIA dwelling not within jurisdiction * Licensee must provide valid written proof of address via mail marked Return -to -sender, written statements from customer indicating an incorrect address or Affidavit denying operation of an STR, or other equivalent documentation. 64 Resolution 2021-118 Documents: • Agenda Statement • Resolution 2021-118 • Attachments: o Resolution 2020-053 o Agenda Statement 07/13/2020 o Legal Services Agreement W City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-118: Approving Amendment No. 1 to the Contract with Boyd, Chandler, Falconer & Munson for the Provision of Basic Legal Services through August 1, 2023, for a Total of $66,000 Annually Background and justification: The City of Seward entered a Legal Services Agreement with Boyd, Chandler, Falconer & Munson on August 1, 2020 via Resolution 2020-053. This resolution states, "A fixed fee for legal services for Boyd, Chandler, Falconer & Munson will be determined no later than October 15, 2020". The intention was to subsequently negotiate a fixed monthly cost agreement after the initial legal services agreement was reach in order to cover recurring items such as Port and Harbor work, completion of recodification, ordinance drafting, public records request work, all electric utility issues, and all general council work. Items not covered by the fixed monthly fee would include all lawsuits, Planning and Zoning enforcement matters, employee grievances, COVID-19 legal work, derelict vessel matters, and any other miscellaneous items not covered in the flat fee agreement. Due to changeover in City Administration, those negotiations towards a flat fee billing structure did not take place. Resolution 2021-118 is intended to fulfill the intention of Resolution 2020-053 with regard to adoption of a fixed fee billing structure for many aspects of the City of Seward's legal needs. Consistency checklist: Comprehensive Plan: N/A Fiscal note: Funding in the amount of $66,000 for the fixed contract fee will be included in the 2022 General Services department budget account no. 01000-1180-7006 (General Fund - Legal). For items not covered in the flat fee agreement, costs will be expensed to the respective departments citywide. For example, the 2022 budget includes a flat amount per department (7006 — Legal expense line item) to cover potential unexpected legal expenses throughout the year beyond the $66,000 as previously noted. The intent is to reduce legal expenses and share fiscal responsibility among departments equally. Finance Department approval Attorney Review: Yes x❑ No ❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-118. Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-118 A Resolution of the City Council of the City of Seward, Alaska, Approving Amendment No. 1 to the Contract with Boyd, Chandler, Falconer & Munson for the Provision of Basic Legal Services through August 1, 2023, for a Total of $66,000 Annually WHEREAS, the City has need of professional legal services in a wide variety of settings including employment relations, contracting, real property transactions, ordinance and resolution drafting, environmental and financial matters, as well as more generalized services to the City; and WHEREAS, it is in the public interest to engage the services of a law firm with the required areas of expertise and experience in municipal law issues; and WHEREAS, at a regular meeting on June 22, 2020, the City Council voted to enter into contract negotiations and conduct reference checks with the legal firm Boyd, Chandler, Falconer, & Munson; and WHEREAS, Resolution 2020-053 approved the legal services contract between the City of Seward and the law firm of Boyd, Chandler, Falconer, & Munson; and WHEREAS, Resolution 2020-053 states that it was the intention to establish a fixed fee for legal services no later than October 15, 2020; and WHEREAS, no establishment of a fixed fee agreement was pursued after the establishment of the initial Legal Services Agreement, and WHEREAS, the fixed annual fee of $66,000 will cover All Port and Harbor work (except derelict vessels), completion of recodification work, ordinance drafting, all public records requests work, all electric utility work, all utility work, all general counsel work; and attending one City Council meeting per month; and WHEREAS, all other services will be provided at the following hourly rates: Chandler- $250, Cacciola- $250, Munson- $250, Severin- $210, Paralegal- $100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves Amendment No. 1, attached hereto, to the contract with Boyd, Chandler, Falconer, & Munson, for continued legal services through August 1, 2023. The City of Seward shall pay Boyd, Chandler, Falconer, & Munson a fixed fee of $66,000 annually with payment for additional services at hourly rates as set 67 CITY OF SEWARD, ALASKA RESOLUTION 2021-118 forth in the amendment. Section 2. Funds will be appropriated with the 2022 budget cycle in accordance with the approved contract and amendment(s). Future year appropriations will be done with each budget cycle in accordance with approved contract(s) and amendments. Section 3. Compensation for these services shall be distributed at $5,500 per month. Section 4. This resolution shall take effect on November 1, 2021. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of October 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 68 Sponsored by: Meszaros CITY OF SEW:XRD, ALASKA RESOLUTION 2020-053 A RESOLUTION OF THE CITY CO[)NC'IL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEGAL S E 11 V I CES AGREEMENT WITH BOYD, CHANDLER, FALCONER & NI VS0N WHEREAS, the City has need of pro fessi(,naI IcgaI sen ices in a wide variety of settings including employment relations, contracting, real property transactions, ordinance and resolution. drafting, environmental and financial matters, as \A ell as more gcncralized services to the City, and WHEREAS, it is in the public interest to engage the services of a law firm with the required areas of expertise and experience in municipal law issues; and WHEREAS, at meeting on December 9, 2019, the City Council directed slit i to issue a Request For Proposals to proN ido legal services; and WHEREAS, in January 20-10, the City a(h,crtised for tiuch Request For Proposals, by posting on the City of Seward website and advcrti i ig ire Ti-Melta. Irrc- alid WHEREAS, three proposals were recei� ed troni legal firms; and WHEREAS, at a special meeting on February 24, 2020, the City Council selected two law firms as applicants to interview; and WHEREAS, at a regular meeting on Juuc —1, ?020, the ()ty Council voted to enter into coaltracl negotiations and conduct rd'errnce checks with the legal firm Boyd, Chandler, Falconer S: Cal uwion: and WHEREAS, the Legal Sen,lces Agreement for Boyd, Chandler, Falcnncr & Munso�r7 CT was presented and approved by City Council on June 22, 2020; and WHEREAS, the Legal Services Agreement for Boyd, Chandler. Falconer & ML111SO11 states the compensation fee for legal services are provided at an hourly rate beginning on August 1. 10211; alld WHEREAS, a Fixed fee for le,, al serN ice: for 130 ld, Chandler, Falconer & Munson will he (Iclermiried no later than October I S, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 69 CITY OF SEWARD, ALASKA RESOLUTION 2020-053 Section 1. The legal services agreement, as substantially presented at this meeting is hereby approved. Section 2. 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 July, 2020. AYES: asenga, Seese, Baclaan, Butts, McCl- NCIES: None ABSENT: Crites ABSTAIN: None ATTEST: 4enda .l. Ballou,j, MC City Clerk 70 Agenda Statement Meeting Date: July 13, 2020 To: City Council From: Scott Meszaros, City Manage Agenda Item: A Resolution of the City Council of :he City of Seward, Alaska, Approving a Legal Services Agreement with Boyd, Chandler, Falconer, & Munson BACKGROUND &,ZUSTIFICATION: The City of Seward hus a need of professional legal services in a wide variety of settings including employment relations, contracting, real property transactions, ordinance and resolution drafting, environmental and financial matters, as well as more generalized services to the City. On June 23, 2020, City Council voted to enter into contract negotiations and conduct reference checks with the legal firm Boyd, Chandler, Falconer & Munson. The Legal Services Agreement attached to this resolution was authorized by City Council on June 22, 2020 when City Council voted to enter into contract negotiations and conduct reference checks with the legal firm Boyd, Chandler, Falconer & Munson. Beginning on August 1, 2020, legal services will be provided at the hourly rates listed in the Legal Services Agreement. A fixed compensation rate will be determined no later than October 15, 2020. INTENT: To authorize the City Manager to enter into a legal services agreement between the City of Seward and Boyd, Chandler, Falconer, & Munson beginning August I, 2020. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: 2 Strategic Plan: 3 Other: FISCAL NOTE: Funding for this contract is included in the 2020/2021 budget at $80,000 annually. Approved by Finance Department: ATTORNEY REVIEW: Yes X No 61A41 RECON ENDATION: Recommend approval of Resolution 20201-[1-3, authorizing the City Manager to enter in a legal services agreement between the City of Seward and Boyd, Chandler, Falconer, &. Munson beginning August 1, 2020. f 094 LEGAL SERVICES AGREEMENT This agreement for legal services ("Contract") is made effective August 1, 2020, by and between the City of Seward. PO Box 167, Seward Alaska 99664 ("City"), and Boyd, Chandler, Falconer & Munson, LLP, an Alaska limited lability partnership, of 911 W. S`h Avenue, Suite 302, Anchorage, AK 99501 ("City Attorney" or "BCFM"). In consideration of the mutual promises herein, the parties agree as follows: 1. Scope of Services. The City Attorney is expected to provide the City with general counsel legal services to include the following: a. Serve as the legal advisor of and be responsible to the City Council and City Manager, advise the City Manager and City Clerk concerning matters affecting the City Administration and perform other legal duties prescribed by the City Council and City Manager. b. Prepare or review legal documents including but not limited to ordinances, resolutions, contracts, conveyances, leases, easements, and legal opinions as needed. Be readily available for consultation by the City Council, City Manager, or City Clerk. d. Provide representation in the Courts of jurisdiction and/or manage the activities of other attorneys who may represent the City in those Courts. Assist the City Manager in negotiations on the City's behalf. f. At the request of the City Manager, or by action of the City Council, draft opinion letters regarding, among other things, the interpretation of the City's Code and policies, state and federal laws, and case law. g. Perform other such duties as may be prescribed for the City Attorney by ordinance or by direction of the City Council and/or City Manager. h. Work effectively with the City Council, City Manager, City Clerk and with all other public agencies and other entities with which the City has a legal relationship. 2. Term. The term of the professional services contract shall be three years. A longer term may be negotiated by the parties after the initial three years. The contract may be terminated at the convenience of the City at any time with or without cause. 3. Access to Municipal Personnel. The City Manager shall secure the cooperation of the City personnel as necessary to assist the City Attorney's performance hereunder. 4. Contract Administrator, The City Manager shall administer the contract on behalf of the City. 5. Resraonsible Attornev. For purposes of the City Charter and other requirements, Brooks W Chandler will be the designated City attorney. Patrick Munson may act as the designated city attorney in the absence of Mr. Chandler. Mr. Chandler may assign City matters to other attorneys or legal assistants with prior approval of the city manager. LEGAL SERVICES AGREEMENT PAGE 1 OF 5 CITY OF SEWARD I BOYD, CHANDLER, FALCONER & MuNsoN, LLP 2M 6. Compensation. (a) Commencing August 1, 2020 legal services shall be provided at the hourly rates set forth in subsection 6(b) below. It is the parties' intention to negotiate a fixed monthly fee for specified services to be effective no later than October 15, 2020. Houply. The hourly rates for services outside of fixed fee services are: $245 - Mr. Chandler $210 - Mr. Cacciola $245 - Mr. Munson $195 - Mr. Severin $95 - paralegal services C. Rate Adjustment. The attorneys' fee schedule for both hourly and fixed fees is to remain fixed for the first year of the contract. After the first year of the contract, the fee schedule may be re -negotiated. The City Attorney will not charge for travel time by attorneys performing work for the City except when the attorney is performing work for the City while en route. The City Attorney will not charge for stand by time when attending a meeting of the City Council in person. d Costs. The City Attorney shall be entitled to reimbursement for out-of-pocket expenses incurred in the course of representation. Expenses, including long distance telephone charges, expedited mail or courier service, filing and recording fees, computerized research fees and travel expenses will be billed at actual cost. Certain in- house expenses, such as photocopying and messenger service, are billed at standard rates. 7. Pay nnent and Renortin a. The City Attorney shall submit itemized monthly for payment of all fees and costs for which the City Attorney seeks reimbursement under Paragraph 5. Costs shall be itemized and described separately on each monthly invoice. b. Upon approved billing, payment will be remitted to the City Attorney within. thirty days. S. Termination of the City Attorney's Services. The City Attorney's services may be terminated: for convenience by the City Council; b. By mutual consent of the parties; or C. For cause, by either party where the other party fails in any material way to perform its obligations under this Contract. Termination under this subsection is subject to the condition that the terminating party notify the other party of its intent to terminate, stating with reasonable specificity the grounds therefor, and the other party fails to commence to cure the default within fifteen days after receiving notice and diligently work to cure the default within thirty days after receiving notice. LEGAL SERVICEs AGREEMENT PAGE 2 or 5 CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNsoN, LLP 7A 8. Duties Upon Termination. if the City Attorney's services are terminated, the City Attorney will be paid for services performed up to the date of termination. 9. Case Management. Execution of the contract by the City shall act as full authority for the City Attorney to proceed with representation of the City as provided herein. The City will have complete and total access to all material, information, and files worked on by the City Attorney pursuant to this Contract. 10. Assignments. City Attorney shall not assign this Contract, or any interest in this Contract without consent of the City. 11. Confidentialitrr. The City Attorney agrees to discuss matters and reveal documents relating to this Contract only with the City Council, City Manager, City Manager, City Clerk, or any other person authorized by the aforementioned, and as required by court order, city ordinance or Alaska law. 12. Notices. Any notice required pertaining to the subject matter of this Contract shall be either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: City: City of Seward Attn: Scott Meszaros, City Manager PO Box 167 Seward, AK 99664 Fax: (907) 224-4038 City Attorney: Boyd, Chandler, Falconer & Munson, LLP Attn: Brooks W. Chandler 911 W. 8`h Avenue, Suite 302 Anchorage, AK 99501 Fax: (907) 274-3698 13, Conflicts of Interest. The City Attorney may not represent or assist private or public clients in connection with other claims, litigation, or other legal matters where such representation would constitute or appear to constitute a conflict of interest. In particular, the City Attorney shall comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional Conduct concerning the prohibition of conflicts of interest among clients. The City Attorney shall not accept any employment and shall not render any professional services to other parties if such action might be inconsistent with the above -referenced standards unless the prior approval of the City Council has been first obtained. 14. Relationship of Parties. The City Attorney shall perform its obligations hereunder as an independent City Attorney of the City. The City may administer the contract and monitor the City Attorney's compliance with its obligations hereunder. 15. Nondiscrimination. The City Attorney will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital status or mental or physical disability. The City Attorney will take affirmative action to ensure that applicants are employed and that employees are treated durinL, employment without regard to their race, color, religion, or mental or physical disability. Such action shall include, without limitation, LEGAL SERVICES AGREEMENT PAGE 3 of 5 CITY OF SEWARD I BOYD, CIIANDLER, FALCONER & MuNsoN, LLP 2W employment, upgrading, demotion, or transfer, recruitment or recruiting advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The City Attorney agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 16. Permits, Laws, and Taxes. The City Attorney shall acquire and maintain in good standing all pen -nits. licenses, and other entitlements necessary to its performance under this Contract. All actions taken by the City Attorney under this Contract shall comply with all applicable laws to include, without limitation, statutes, ordinances, rules, and regulations. 17. Nonwaiver. The failure of either party at any time to enforce a provision of this Contract shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Contract or any part thereof, or the right of such party thereafter to enforce each and every provision hereof. 18. Amendment. This Contract may be amended, modified, or changed only in writing executed by the City Manager and an authorized representative of the City Attorney. 19. Governing Law. The laws of the State of Alaska shall govern the rights and obligations of the parties under this Contract. 20. Severahili:ty. Any provision of this Contract decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of the Contract. 21. Inteeratiion. This instrument embodies the entire contract of the parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Contract shall supersede all previous communications, representations, or contracts, either oral or written, between the parties hereto. 22. Insurance. Boyd, Chandler, Falconer & Munson, LLP, at its expense shall provide and maintain professional errors and omissions insurance with a minimum $2,000,000 policy limit. 23. Inspection and Retention of Records. The City Attorney shall at any time during normal business hours and as often as the City Manager or Council may deem necessary, make available to the City for examination all records with respect to all matters covered by this Contract for a period ending three years after the date the City Attorney is to complete performance of this Contract. if City does not request delivery of the file for this matter before the end of the three year period, BCFM will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. Upon request, and within a reasonable time, the City Attorney shall submit such other information and reports relating to its activities under this Contract to the City in such a form and at such times as the Council may reasonably require. The City Attorney shall permit the Council or their designee to audit, examine, and make copies of such records, and to make audits of all research, materials, pleadings, records of personnel, and other data relating to all matters covered by this Contract. The City may, at its option, permit the City Attorney to submit its records to the City in lieu of the retention requirements of this section. 24. Fee Disputes. At the sole option of City, all disputes concerning fees charged for professional services or costs incurred by BCFM are subject to arbitration under Alaska Bar Rule 34 except for: disputes where the City seeks affirmative relief against the attorney for damages LEGAL SERVICES AGREEMENT PAGE 4 or 5 CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNsoN, LLP on based upon alleged malpractice or professional misconduct; or b. dispute over fees which were charged more than six years earlier, unless BCFM or City could maintain a civil action over the disputed amount. C. disputes where the fee to be paid by City or on City's behalf has been. determined pursuant to State statute or by a court rule, order or decision. 25. Civil Rule 79, Civil Rile 82. City has been advised that if services performed pursuant to this Contract involve litigation City may become liable for certain costs, fees and expenses incurred by other parties if City is not the prevailing party in the litigation. Such costs, fees, and cxpenses may include, but are not necessarily limited to, those identified in Alaska Civil Rules 79 and 82. 26. Availability of Funds. This Contract is subject to the availability of funds lawfully appropriated for its performance. IN WITNESS WHEREOF, the parties have executed this Contract effective August 1, 2020. CITY OF SEWARD Scott Meszaros, City Manager BOYD, CHANDLER, FALCONER & MUNSON, LLP Brooks W. Chandler ATTEST: Brenda Ballow, MMC, City Clerk LEGAL SERvICEs AGREEMENT RAGE 5 OF 5 CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNSON, LLP AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT That certain agreement for legal services ("Contract") effective August 1, 2020, by and between the City of Seward, PO Box 167, Seward Alaska 99664 ("City"), and Boyd, Chandler, Falconer & Munson, LLP, an Alaska limited lability partnership, of 911 W. 8th Avenue, Suite 302, Anchorage, AK 99501 ("City Attorney" or "BCFM") is hereby amended as follows: In consideration of the mutual promises herein, the parties agree as follows: 1. Change of Firm Name. All references to Boyd, Chandler, Falconer & Munson, LLP are hereby changed to Chandler, Falconer, Munson & Cacciola, LLP. All references to BCFM are hereby changed to CFMC. 2. Compensation. Paragraph 6 is hereby amended to read as follows: a. Commencing November 1, 2021, basic legal services shall be provided at a fixed monthly fee of $5,500. b. The fixed fee includes the following services: 1. All Port and Harbor work (except derelict vessels) 2. Completion of recodification work 3. Ordinance drafting and review 4. Advice on public records requests as needed 5. All electric utility work 6. All water, sewer and refuse collection utility work 7. All general counsel work 8. 10 trips to Seward each calendar year 9. Attending one city council meeting per month (either in person or calling in). c. The fixed monthly fee does NOT include the following services: 1. All lawsuits 2. All planning & zoning permitting, variance and enforcement matters 3. All personnel grievances 4. All COVID-19 legal work 5. Any derelict vessel matters d. Hourly. The hourly rates for services outside of fixed fee services are: $250 - Mr. Chandler AMENDMENT NO. 1 TO LEGAL SERVICEs AGREEMENT PAGE 1 OF 3 CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP 78 $250 - Mr. Cacciola $250 - Mr. Munson $210 - Mr. Severin $100 - paralegal services e. Rate Adjustment. The attorneys' fee schedule for both hourly and fixed fees is to remain fixed until November 1, 2022. After November 1, 2022, the fee schedule may be re- negotiated. f. Costs. The City Attorney shall be entitled to reimbursement for out-of-pocket expenses incurred in the course of representation. Expenses, including long distance telephone charges, expedited mail or courier service, filing and recording fees, computerized research fees and travel expenses will be billed at actual cost. Certain in-house expenses, such as photocopying and messenger service, are billed at standard rates. 3. Payment and Reporting. Paragraph 7 is hereby amended to read as follows: a. The City Attorney shall submit monthly invoices itemized by department for payment of all fees. Costs shall be itemized and described separately on each monthly invoice. b. Upon approved billing, payment will be remitted to the City Attorney within thirty days. 4. Notices. Paragraph 12 is hereby amended to read as follows: Any notice required pertaining to the subject matter of this Contract shall be either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: City: City of Seward Attn: Janette Bower, City Manager PO Box 167 Seward, AK 99664 Fax: (907) 224-4038 City Attorney: Chandler, Falconer, Munson & Cacciola, LLP Attn: Brooks W. Chandler 911 W. 8th Avenue, Suite 302 Anchorage, AK 99501 Fax: (907) 274-3698 In all other respects, the Legal Services Agreement is to remain unchanged and in full force between the undersigned parties. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 effective November AMENDMENT NO. 1 TO LEGAL SERVICEs AGREEMENT PAGE 2 OF 3 CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP 79 1, 2021. CITY OF SEWARD Janette Bower, City Manager CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Brooks W. Chandler ATTEST: Brenda Ballou, MMC, City Clerk AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT PAGE 3 OF 3 CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP 80 Resolution 2021-119 Documents: • Agenda Statement • Resolution 2021-119 • Attachments: o Resolution 2019-024 and Amendment No.1 81 City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-119: Approving Amendment No. 1 to the Contract with R&M Consultants Inc. for On -Call Engineering and Grant Writing Services through December 31, 2024, and Appropriating Funds in the Amount of $25,000 Background and justification: In 2018, the City of Seward identified a clear need for an on -call engineering contractor. Given the various projects that the City desired to undertake, the lack of an in-house engineer, pursuing a qualified firm was a preferred option. An RFP was issued and of the four responsive bidders, R&M Consultants Inc. scored the highest and was selected. Resolution 2019-024 approved the originating contract between the City of Seward for the provision of on -call engineering services for a three- year term which is set to expire on March 11, 2022. Over the course of the past several years, R&M Consultants has assisted the City in a variety of projects and proven to be a responsive and capable engineering firm. Notable projects include but are not limited to the following: upgrading A, B, C, D, & S Floats in the Harbor, widening the 300-ton travel lift dock at SMIC, repairing and replacing the North Dock bumpers at SMIC, addition of the Fisherman's float, and the SMIC seawall. In recent months, the City has identified a need for grant writing services, which R&M can provide in addition to their current range of contracted services. Based upon this stellar performance, and the noted need for expanding the scope of services to also include on call Grant Writing services, the City Manager recommends the contract be amended to add these services as well as extending the contract to December 31, 2024. Consistency checklist: Comprehensive Plan: N/A Fiscal note: $25,000 will be appropriated to the 2021 budget from General Fund reserves account no 01000-0000-3400 to cover the remaining engineering costs of 2021. The 2022 budget will include $75,000 in Engineering line item 7010 split between the main departments utilizing the services: Community Development ($25,000), Harbor General ($5,000), SMIC General ($10,000), Electric General ($10,000), Water ($10,000), and Wastewater ($10,000). Additionally, each budget cycle thereafter will appropriate funds according to the approved contract with R&M for the corresponding fiscal year. Finance Department approval: Attorney Review✓: Yes ❑ No x❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-119. 82 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-119 A Resolution of the City Council of the City of Seward, Alaska, Approving Amendment No. 1 to the Contract with R&M Consultants Inc. for On -Call Engineering and Grant Writing Services through December 31, 2024, and Appropriating Funds in the Amount of $25,000 WHEREAS, Resolution 2019-024 approved the originating contract for on -call engineering services between the City of Seward and R&M Engineering Consultants Inc.; and WHEREAS, The City of Seward has identified the need for on -call engineering and grant writing services; and WHEREAS, The City of Seward has a number of current and forthcoming projects which require the use of engineering and grant writing expertise; and WHEREAS, The current contract between the City of Seward and R&M Consultants Inc. is set to expire on March 11, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves Amendment No. 1, attached hereto, to the contract with R&M Consultants Inc., for engineering and on -call engineering services through December 31, 2024. Seward hereby contracts and employs R&M Consultants Inc. through December 31, 2024. Section 2. The effective date is the date signed by the City Manager and expiring on December 31, 2024. Section 3. Funding in the amount of $25,000 is hereby appropriated within the 2021 budget from General Fund reserves account no. 01000-0000-3400 to Engineering account no. 01000-1180-7010. Future year appropriations will be made with each budget cycle in accordance with approved contract(s) and related amendments. Section 4. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1Ith day of October, 2021. 83 0 E Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 20I9-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH R&M CONSULTANTS INC. FOR ON -CALL ENGINEERING SERVICES WHEREAS, City of Seward Administration has identified the need for various engineering services for construction, surveying, utility expansion and land use issues; and WHEREAS, a Request for Proposals (RFP) was issued by the City on January 14, 2Ot9; and WHEREAS, the City received four (4) competitive proposals in congruence with the RFP specifications; and WHEREAS, a scoring team consisting of the Interim City Manager, Assistant City Manager, Public Works Director, City Planner, Deputy Finance Director and the Port Director for the Alaska Railroad/Port and Commerce Advisory Board Chair scored the proposals based on the scoring criteria set forth in the RFP; and WHEREAS, out 100 points possible, R&M Consultants Inc. received 88 points, North Iron Engineering received 74 points, PND Engineering received 87 points, and Bristol Engineering Services Company LLC received 82 points, and WHEREAS, a master contract will serve as the basis to obtain engineering services, including insurance requirements, statement of qualifications, and Fee structure; and WHEREAS, the City Manager or City Council, depending on the total cost of scope of work, will approve each project proposal; and WHEREAS, Resolution 2019-021 authorized a budget amendment and appropriation for $25,000 for engineering services in anticipation of this contract and utilization of various services; and WHEREAS, this three-year contract is effective upon City Manager signature and expires three -years thereafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 84 CITY OF SEWARD, ALASK.A RESOLUTION 2019-024 Section 1. The City Manager is authorized to enter into an agreement with R&M Consultants Inc. based upon the terms and conditions specified in the request for proposal, and after review and concurrence of the City Attorney. Section 2. The effective date is the date signed by the City Manager and expiring three - years thereafter. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I I' day of March, 2019. THE CITY OF SEWARD, ALASKA ua,IQ�' David Squires, Maya AYES: Osenga, McClure, Towsley, Lane, Seese, Horn, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: f renda J. Ballou, MMC City Clerk {City Sea] %%'"�11023. SE s • SEAL � ; a 4, OF %'021tsc�%t- 85 BACKGROUND & JUSTIFICATION: The City of Seward Administration has identified the need for on -call engineering services for the City of Seward. With a number of construction projects, survey needs, utility expansion projects, and land use issues, this contract will aid in moving these crucial City priorities along more efficiently, while ensuring that the services provided are of a competitive and economic value. The City issued a Request for Proposal (RFP) on January 14, 2019 and received four competitive proposals in congruence with the RFF specifications. The Interim City Manager Assigned the Public Works Director, City Planner, Assistant City Manager, Deputy Finance Director and fort Director for the Alaska Railroad to score the proposals and the cumulative scores out of 100 are as follows: R&M Consultants 88 North Iron 74 PND 87 Bristol 82 A master contract will serve as the basis to obtain engineering services including insurance requirements, statement of qualifications and fee structure. By retaining this on -call status, departments will have the ability to utilize their services subject to the submittal and approval of a scope of service. The City Manager or Council (depending on the total cost of scope of work) will approve each project proposal. For each project/task, a scope of the project will be determined and a proposal will be provided by the firm based upon the necessary level of expertise and hours required for the project. Resolution 2019-021 authorized a budget amendment and appropriation of $25,000 for engineering services based on the expectation that various departments have an immediate need to utilize such services. This is a three-year contract effective upon City Manager signature and expiring three years thereafter. INTENT: To authorize the City Manager to enter into a contract with R&M Consultants effective upon City Manager signature and expiring three years thereafter. CONSISTENCY CHECKLIST: 'Yes I No I NIA 39 86 Comprehensive Plan (document source here): 1.3.1 —Economic Development 1.3.2 -- Land use 1.3.4 — Public Facilities and Service 1.3.4.1 —Utilities 1.3.4.5 — Public Safety 1.3.4.5 — Governmental Services 2.2.10 —Land Development 2.2.11 —Economic Base 3.1.1.7 — Encourage and Assist in the Development of New Public X 1 Services and Facilities 3.2.2.2 — Improve the Capability of the Office of Community Development 3.3.1 — Encourage Development of New Housing in Seward 3.3.2.3 — Assess Solutions to Extend Cost -Effective Utilities 3.7.1.4 — Continue to Upgrade and Expand Utilities to Meet Existing Needs and Encourage Future Development 3.8.1 — Promote Community Safety From Natural Disasters Through Mitigation Measures 3.8.1.4 — Mitigate Flood Hazards Strategic Plan (document source here): Page 3 — Growth Management and Land Use Planning Page 9 — Promote Residential and Commercial Development Inside 2. the City X Page 11 -- Mitigate Flood Hazards Page 18 — Expand Availability of Affordable, Diverse, Year -Round Housing{{ +_X 3. Other (list): I FISCAL NOTE: Resolution 2019- 021 appropriated $25,000 for engineering services in anticipation of this contract. Funds will be allocated amongst departments upon the use of engineering services. Approved by Finance: J/6&2 � ATTORNEY REVIEW: Yes �XNo. RECOMMENDATION: Approve Resolution 2019-024 authorizing the City Manager to enter into a contract with R&M Consultants based upon the terms and conditions specified in the request for proposal, and after review and concurrence of the City Attorney. The effective date is the date signed by the City Manager and expiring three years thereafter. 40 87 L x C 0 a E* it A z %/ w as — C 0 0 �O %C� O Ln M N N vn N O O O o0 0% OO CN c+: M O Oe ~w-+ O OH O CZO N L N N N N N— .--i •-+ 65 09 '.Fi 69 5 7 ER 6R b9 6R Ea4 69 r 00 OO d' •ci' N b t y1 �o kn 'n r-r Ff3 ti 69 69 69 6f} b9 65 r!t r!1 O O L O O G Cl v1 kn O N tr, N G,EA ;oa O Lon) 69 6Ff 64 69 65 E5 69 69 69 C= 0 0 0 0 O O W) vi O Q O Oo �U t+1 O r- N O oo O G1 EO 59 N N 69 6Fi 5F} 6 r fR 64 04 &9 69 64 64 -r) C) O O � N dam• � t 64 64 64 6e} 6g LA r r O O Ln O O � b5 64 ,�-i CA Ef} 64 69 U A N "Ca � 69 S4 bS 64 69 � - EA 3 6A 6/3 69 6�o } O F. .--i 6q 6R 69 69 64 cf3 o UN C4 i z� yQ N 64 69 Cy 69 69 69 EF, N oc U U O 04 c1' d• [� N oc m 6R <A GR 6R n �s ao eti N U y 1•+ � U vJ r> .� UUrnU Qz �. b =c'7 EZ rti U o 0 €� U 9z u 88 TERM CONTRACT FOR ENGINEERING SERVICES This Agreement is entered into this 12th day of April 2019, by and between R&M Consultants, Inc. (herein referred to as "Engineer") and the City of Seward ("City"). The Engineer and City agree to the following: WHEREAS The City is in need of a full -service consulting Engineering firm with personnel possessing the skills and ability required to render on -call professional services to the City of Seward for comprehensive engineering, surveying, environmental permitting, planning, bidding, inspection, testing and construction support of City projects, R&M Consultants, Inc. has been selected through an RFP process as most qualified. NOW THEREFORE the parties hereto do mutually agree as follows: 1. Employment of Engineer. Work shall be assigned by a task order. The format of the "Task Order" is shown in Appendix A. No work shall proceed without a fully executed "Task Order". 2. Term of Agreement. The term of this Agreement shall be three years from the date of execution and approval of the contract 3. Standard of Performance. The Engineer agrees to provide all required professional services necessary to complete projects under this contract. The Engineer accepts the relationship of trust and confidence established between it and the City by this agreement. The Engineer covenants with the City to furnish its best skill and judgment, and to further the interests of the City at all times through efficient business administration and management. The Engineer shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In all cases, Engineer agrees to adhere to the standards of the applicable profession. 4. Fee The City shall pay Engineer in accordance with the fee schedule attached hereto as Appendix B. These rates will apply to work assigned by task order in the first year of the agreement. Adjustments to these rates may be made in subsequent years with written consent of the City (based on reasonable and documented evidence of cost increases). 89 5. Payments. The City agrees to make payments to Engineer as services are performed and costs are incurred, provided Engineer submits a proper invoice for each payment, in such form and accompanied by such evidence in support thereof as may be reasonably required by the City. Billing and expense invoices shall be submitted monthly following the end of each month. Invoices shall be accompanied by a monthly activity report detailing work and accomplishments. All invoices are otherwise due and payable within 30 calendar days of approval by the City. 6. Independent Contractor Status In performing under this Agreement, Engineer acts as an independent contractor and shall have responsibility for and control over the details and means for performing the services required hereunder. 7. Indemnification. To the maximum extent permitted by law, Engineer shall defend, indemnify and save harmless City or any agent, employee, or other representative thereof, from and against losses, damages, liabilities, expenses, claims, and demands of whatever nature, including for death, personal injury, property damage or economic loss, to the extent arising out of any negligent act or negligent omission or willful misconduct of Engineer, its agents or employees while performing under the terms of this Agreement. Where claims, lawsuits or liability arise from wrongful or negligent acts by City and Engineer together or separately, Engineer will not be responsible for the proportion of claims and costs that are attributed to the City's or the City's Construction Contractor's negligence or willful misconduct. S. Assignment. Engineer shall not assign this Agreement or any of the monies due or to become due hereunder without the prior written consent of City. 9. Subcontracting Engineer may not subcontract its performance under this Agreement without prior written consent of City. Any subcontractor of the Engineer must agree to be bound by the terms of this Agreement applicable to the services to be performed by the subcontractor. 10. Designation of Representatives. The parties agree, for the purposes of this Agreement, that the City shall be represented by and may act only through the City Manager or such other person as he may designate in 2 90 writing. Engineer shall be represented by and may act only through Kimberly Nielsen, P.E. or such other person approved by both parties in writing. 11. Termination Either party may terminate this Agreement, with or without cause, after first giving thirty (30) days written notice. 12. Insurance. The Engineer shall, at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Engineer and the City against liability that may accrue against them or either of them in connection with the performance of Engineer under this Agreement: (a) Insurance in at least the required statutory amounts covering claims under workers' compensation, disability benefits and other similar employee benefit acts; (b) Commercial general liability insurance covering bodily injury and property damage with a combined single limit of not less than $2,000,000; (c) Automobile liability with a combined single limit of $1,000,000; (d) Professional Liability (E&O) with a per claim limit of $2,000,000 and aggregate limit of $4,000,000; and (e) On task orders where the cost of the work exceeds $100,000 or is hazardous in nature, there shall also be a $4,000,000 umbrella liability coverage. 13. Insurance Certificate. All insurance shall be placed with an insurance carrier or carriers satisfactory to the City, shall have deductibles satisfactory to the City, shall not be subject to cancellation or any material change except after thirty (30) days written notice to the City, and shall provide that no failure of Engineer to comply with any condition or provision of this Agreement or other conduct of Engineer or those for whose conduct it is responsible, shall void or otherwise affect the protection under the policy afforded to the City. A Certificate of Insurance reflecting full compliance with these requirements shall, at all times during the term of this Agreement, be kept on deposit at the general offices of the City. If Engineer fails to comply with these insurance requirements, the City may terminate this Agreement on ten (10) days written notice. All insurance policies or other contract security required in this Agreement except for professional errors and omissions coverage shall allow claims to be filed based upon the time of an occurrence, and shall not provide for a shorter period in which to make claims than that provided the applicable statute of limitations. The coverage required by this Agreement shall cover all claims arising in connection with the performance of the Engineer under this Agreement, whether or not such claim is asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement. 3 91 All insurance policies shall be written as primary policies; shall waive subrogation against City, its agents and employees; shall not be contributing with, or in excess of, any insurance coverage that the City may otherwise carry, and shall name the City as an additional insured. All insurance provided under this Agreement must remain fully available to satisfy claims arising out of this agreement, notwithstanding any claims that may be filed against that policy 14. Claims Recovery. Claims by the City resulting from Engineer's failure to comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Engineer for work performed or to be performed. City shall notify Engineer of any such failure, default or damage therefrom as soon as practicable after discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in equity. 15. Compliance with Applicable Laws. Engineer shall, in the performance of this Agreement, comply with all applicable federal, state and local laws, ordinances, orders, rules and regulations applicable to its performance hereunder, including, without limitation, all such legal provisions pertaining to social security, income tax withholding, medical aid, industrial insurance, worker's compensation, and other employee benefit laws. Engineer also agrees to comply with all contract provisions pertaining to grant or other funding assistance which City may choose to utilize to perform work under this Agreement. Services performed under this Agreement shall be in accordance with sound, generally accepted engineering and design practices and shall comply with all applicable codes and standards. 16. Records and Audit. Engineer agrees to maintain sufficient and accurate records and books of account, including detailed time records, showing all direct labor hours expended and closure of all pending matters related to this Agreement. Books shall be subject to inspection and audit by City. 17. Notices. Any official notice that either party hereto desires to give the other shall be delivered through the United States mail by certified mail, return receipt requested, with postage thereon full prepaid and addressed as follows: To City: To Engineer: Brennan Hickock Kimberly Nielsen, P.E. Assistant City Manager Group Manager —Waterfront Engineering 4 92 City of Seward 410 Adams St. Seward, AK 99664 18. Venue and Applicable Law. R&M Consultants, Inc. 9101 Vanguard Drive Anchorage, AK 99507 The laws of Alaska will determine the interpretation, performance and enforcement of this agreement. The venue of any legal action between the parties arising as a result of this Agreement shall exclusively be laid in the Third Judicial District of the Superior Court of the State of Alaska, at Anchorage, Alaska, and this Agreement shall be interpreted in accordance with the laws of the state of Alaska. 19. Attorney's Fees In the event either party institutes any suit or action to enforce its rights hereunder, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs in such suit or action and on any appeal therefrom. 20. Ownership of Work Products The originals of all materials prepared or developed by the Engineer, its agents or representatives hereunder; including documents, drawings, calculations, maps, sketches, notes, reports, data, and models shall become property of the City and copies made available upon request. Materials previously created and copyrighted by the Engineer and included in a project will remain property of the Engineer. Electronic files of work products shall become the property of both the City and Engineer, for use by either party without consent of the other party. Should City elect to reuse the Engineer's work products for other than the original project and, or purpose, City will indemnify Engineer against any responsibilities or liabilities arising from reuse. Prior to reuse, the Engineer's professional seals and signatures shall be removed from drawings, plans, specifications, estimates, and other construction documents, and replaced with the seal and signature of the professional engineer, architect, surveyor, landscape architect who has assumed the responsibility for reuse. The Engineer shall not be responsible or be required to provide any documentation, suitability reviews, or verifications for the reuse of work products, but may do so upon written agreement. 21. Equal Employment Opportunity The Engineer shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood. The Engineer shall take affirmative action required by law to ensure that applicants are employed and that employees are treated 93 during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 22. Waiver. No failure on the party of either City or Engineer to enforce any covenant or provision herein contained, nor any right hereunder unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such covenants or provisions or affect the right of the City or Engineer to enforce the same or any other provision in the event of any subsequent breach or default. 23. Binding Effect. The terms, conditions and covenants contained in this Agreement shall apply to, inure to the benefit of and bind the parties and their respective successors. 24. No Assignment or Delegation. The Engineer 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 City. 25. Independent Contractor The Engineer 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. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no further force and effect. No modification of this Agreement shall be of any force or effect unless reduced to writing, signed by both parties and expressly made a part of the Agreement. 6 94 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective date indicated below. Dated: / Dated: s Dated: (� CITY OF SEWARD a� BY .........._..�.: Norm R,i"s Interim City Manager ENGINEER ATTEST Group Manager, let renda Ballou City Clerk �y t^ �9 Ppm s M. .,7 aterfront Engineering OR Amendment No. 1 Amendment No. 1 to the agreement between the City of Seward and R&M Consultants Inc., dated March 11, 2019 follows: WHEREAS, the City of Seward and R&M Consultants Inc., entered into an agreement for on - call engineering services on March 11, 2019; and WHEREAS, the current contract expires March 11, 2022; and WHEREAS, the Seward City Council and City Administration have identified a need for expanding the scope of services to be provided in the contract to include grant -writing and additional on -call engineering services; and WHEREAS, R&M consultants has been responsive to the needs of the City of Seward through participation in multiple projects; and NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties the agree to amend the agreement as follows: 1. Duties and Term: Section 2-Term of Agreement. Shall be amended to read, "upon execution lasting until December 31, 2024. 2. The first "WHEREAS" shall be amended to include grant writing services. Except as provided herein, all other terms and conditions of the agreement and any amendments remain in full effect. In witness thereof, the parties have set their hands and seals below: 41- R&M Consultants Inc. Date City of Seward Date 97 City of Seward, Alaska City Council Special Meeting Minutes September 13, 2021 Volume 41, Page CALL TO ORDER The September 13, 2021 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Assistant City Manager Stephen led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese Liz DeMoss comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — None Absent — None Sue McClure John Osenga (arrived 5: 06 p.m.) Ristine Casagranda (arrived 5:10 p.m.) CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Skip Reierson wished to speak about the city's infrastructure report; he did not support the resolutions on the regular meeting tonight and would prefer a more phased -in approach. He didn't understand how the city was planning to pay for the infrastructure, or the need for 115 W. He did, however, support selling the city's electric as an entire package. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) There were no consent agenda items. Approval of Agenda and Consent Agenda SPECIAL ORDERS, PRESENTATIONS AND REPORTS Electric Utility Infrastructure Project Presentation by Electric Utility Director Rob Montgomery. OY3 City of Seward, Alaska City Council Special Meeting Minutes September 13, 2021 Volume 41, Page CITIZEN COMMENTS Skip Reierson was concerned that, for the last 40 years, the infrastructure hadn't been kept up, and now there was major sticker shock. He wondered what kind of grant funding might be available, and thought this had been discussed in years past. He would appreciate a more phased -in approach, and just didn't understand how the ball got dropped in the past. Ben Smith thanked the Electric Department for their work. He understood that the lead time on ordering the transformers was very long. He supported planning for future development and thought it was worth upgrading. Smith said electric vehicles were something to plan for because the demand for charging stations would only increase. Chris Davis from Electric Power Systems said there were several things to consider. There was great urgency for repairing Nash Road; it had been talked about as a concern since 1984. Regarding the transformers, it was more cost-effective to replace them all at once; replacing them one by one would increase the cost. Lynda Paquette recalled her first visit to the Electric Department when she was first getting power to her property on Lowell Point, and what a horrible experience it had been at the time. Things had come a long way since then, and she was really impressed with the work of the current staff. She wondered what the city had been doing to save money to address infrastructure needs. She observed that nobody walked around with electronic devices 20 years ago, and now it was commonplace for one person to have more than one device at any given time. She fully supported these proposed improvements. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Seese wondered if there would be a charge to consumers who wished to use the electric vehicle charging stations. In response, Montgomery said there would be a charge. Baclaan appreciated Skip Reierson's suggestion to seek grant funding; he wished the city would consider having grant writer services budgeted in and grant writers on stand-by to free up department heads from searching for grants. Baclaan was also supportive of having a substation in the harbor because there would be an expected return on that investment. EXECUTIVE SESSION Go into executive session to discuss Electric Utility Infrastructure, per SCC 2.10.030(b)(1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the city. Motion (Terry/Casagranda) Go into executive session to discuss Electric 99 City of Seward, Alaska City Council Special Meeting Minutes September 13, 2021 Volume 41, Page Utility Infrastructure, per SCC 2.10.030(b)(1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the city. Motion Passed Unanimous The city manager, city attorney, electric utility director, and assistant city manager were invited to remain. Council went into executive session at 6:00 p.m. Council came out of executive session at 6:29 p.m. ADJOURNMENT The meeting was adjourned at 6:29 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 100 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 5, 2021 The City Canvass Board has canvassed the absentee, special needs, and questioned ballots of the Regular Municipal Election held October 5, 2021. The canvass took place on Thursday, October 7, 2021. Their totals are: ABSENTEE AND QUESTIONED BALLOTS VOTED Absentee In Person ballots voted 72 Absentee By Mail ballots voted 34 Questioned ballots voted 1 Special Needs ballots voted 6 TOTAL VOTED 113 REJECTED Absentee In Person 1 *not registered in Seward Absentee By Mail I *no witness signature Questioned 1 *not registered in Seward Special Needs 2 *no representative (witness) signature *no voter identifier TOTAL REJECTED 5 COUNTED Absentee In Person ballots voted 71 Absentee By Mail ballots voted 33 Questioned ballots voted 0 Special Needs ballots voted 4 TOTAL COUNTED 108 October 5, 2021 City of Seward Regular Election Final Certificate of Results 101 Page 1 of 3 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 5, 2021 TWO City Council Seats Available (Three -Year Terms) Election Day Votes Canvass Votes Total Votes RADNER, Leighton 24 5 29 CALHOON, Michael 164 76 240 WELLS, Randy 136 42 178 OSENGA, John 205 71 276 Write In 6 2 8 PROPOSITION NO. 1 Franchise Agreement for the Collection and Disposal of Garbage and Refuse Do you approve a seven-year franchise agreement with Alaska Waste -Kenai Peninsula, LLC for the collection and disposal of garbage and refuse? The franchise agreement contains an option to extend for up to an additional three years. The franchise agreement allows for costs to be adjusted annually based on 140% of the Consumer Price Index. The franchise agreement provides an opportunity for periodic rate reviews with all other consumer rates to be set by resolution of the City Council. Election Day Votes Canvass Votes Total Votes YES 192 76 268 NO 69 19 88 October 5, 2021 City of Seward Regular Election Final Certificate of Results 102 Page 2 of 3 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 5, 2021 SUMMARY A total of 1,801 people were registered to vote in this precinct for this election A total of 307 people voted on election day There were 112 absentee in -person (72), by --mail (34), and special needs ballots (6) There were 1 questioned ballots Totaling 420 ballots voted Minus 5 rejected ballots Therefore, 415 ballots counted for this election Equaling 23% voter turnout Upon completion of the canvass, it is our opinion that the results compiled above accurately reflect the final totals for the Regular City Election held October 5, 2021 in the City of Seward, Alaska. Dated this 7�' day of October, 2021. October 5, 2021 City of Seward Regular Election Final Certificate of Results 103 Page 3 of 3 AGENDA STATEMENT Meeting Date: October 11, 2021 From: Brenda Ballou, City Clerk Agenda Item: Marijuana License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the renewal for the following marijuana license: Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 The City of Seward Police Department, Fire Department, Utilities Department, and Leases Department have no objections to the renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the renewal, then under Alaska Statutes, the City of Seward will be required to assist in or undertake the defense of its protest. RECOMMENDATION: Non -objection to the renewal of marijuana license 917758 for The Tufted Puffin, LLC. 104 Date: MEMORANDUM September 14, 2021 To: Naneth Ambrosiani Sarka Calocei Lieutenant Alan Nickell Chief Clinton Crites From: RE: Brenda Ballou, City Clerk Finance/Leases Finance/Public Utilities Police Department Fire Department Verifying Compliance for the RENEWAL of Retail Marijuana License 417758 The following business has applied for a renewal of a retail marijuana license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 Seward, AK 99664 Department Status Initials Finance/Leases �G 91p I I ci UG, Finance/Utilities 0 (,An \J s , Police Chief Fire Chief aa.., � �-,•, Deadline for Protest: November 6, 2021 (60 days) Council Packet Deadline: October 25, 2021— return to city clerk nit October 19, 2021 `[IR THE S'tNIT "ALASKA September 7, 2021 City of Seward Attn: Brenda Ballou VIA Email: bballou(@citvofseward.net clerk@citvofseward.net CC: jblankenship@kpb.us micheleturner@kpb.us tshassetz(Tkpb.us sness2 kpb.us mienkins@kpb.us btaylor@kpb.us ma Id ridge@kpb.us slopez@kpb.us ncarver@kpb.us MBerg@kpb.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Number: 17758 License Type: v Retail Marijuana Store Licensee: The Tufted Puffin LLC. Doing Business As: THE TUFTED PUFFIN LLC Physical Address: 216 4th Ave. Unit 2 Seward, AK 99664 Designated Licensee: Jennifer Wells Phone Number: 907-947-3349 Email Address: tuftedpufinllc@gmail.com ® License Renewal Application ❑ Endorsement Renewal Application AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306,035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a "conditional protest" as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the IiNb: board's satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.Iota [govern mentonly2alaska.gov,. Sincerely, r Glen Klinkhart, Director 907-269-0350 Alaska Marijuana Control Board Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 m a riivana.licensi ns(&a laska.zov httos://www_commerce.a laska.govlvveblamco Phone: 907,269.0350 Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 3O6.O2O(b)(2)) before any license renewal application will be considered complete. i Section '[ Establishment infolrmateon Enter information forthe licensed establishment, as identified on the license application. Licensee: The Tufted Puffin LLC License Number: F58 LicenseType: Retail Store Doing Business As: The Tufted Puffin LLC Premises Address: 26 Fourth Ave. Unit #2 City: Seward State: I AK I ZIP: 199664 f Y Section 2 Indrv�dual Infolrmafiion Enter information forthe individual licensee who is completing this form. Name: Randy Wells Title: Member Sign your initials to the following statement only if you are unable to certifV one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements includes the type of violation or offense, as required under 3 AAC 306.035(b). Li lop I r [Form M7-201 (rev 4/19/2022) 108 Page 1 of 2 Alaska Marijuana Control Board ` Form MJ-20: Renewal Application Certifications Sectlron 4 CertlEtcatltons # iliaiver Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit l (MJ-20a) along with this application. I certify thatthis establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any otherform provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. Randy Wells 1, hereby waive my confidentiality rights under A5 43.05.230(a) and � authorize the State of Alaska, Department of Revenue to disclose any and all tax information regarding this marijuana license to the Alcohol and Marijuana Control Office (AMCO) upon formal request as part of any official investigation as long as 1 hold, solely, or together with other parties, this marijuana license. As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license. Si e o icensee Notary Public in and for the State of Alaska Randy "U11s Printed name of licensee Subscribed and sworn to before me this day of y " My commission expires: A P c '` / a LY, '7 a -2 c) 20 a 1 `��.,y,,...., 5,- ALAS`: (Form MJ-201 (rev 4/19/2021) 109 Page 2 of 2 Alaska Marijuana Control Board Alcohol and Marijuana Control Office 550 W 711' Avenue, Suite 1600 Anchorage, AK 99501 marijUana.licensin:e@alaska.jzov http.s://www.commerce.olaska.gov/web/amca Phone: 907.269.0350 Form MJ-20: Renewal Application Certifications What is this format This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306, A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Enter information for the licensed establishment, as identified on the license application. Licensee: The Tinted Puffin LLC License Number: 17758 License Type: Retail Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 Fourth Ave. Unit #2 City: Seward state: I AK I z1P: 99664 Enter information for the individual licensee who is completingthis form. Name: Jennifer Wells Title: Member V Section 3 Iiolat- "A Charges , Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. i I certify that a notice of violation has not been issued to this license between July 1, 2020 and June 30, 2021. i Sign your initials to the following statement only if you are unable.to..certifV one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20] (rev 4/19/2021) �� Page 1 of 2 Alaska Marijuana Control hoard Form MJ-20: Renewal Application Certifications ' �''��F � ,� $ecilion94 �e>rt��ca�rons � Wallrrelr �� Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. s I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. i certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. 1 I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees., I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. Jennifer Wells I, _ hereby waive my confidentiality rights under AS 43.05.230(a) and authorize the State of Alaska, Department of Revenue to disclose any and all tax information regarding this marijuana license to the Alcohol and Marijuana Control Office (AMCO) upon formal request as part of any official investigation as long as I hold, solely, or together with other parties, this marijuana license. As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license. o r e Notary Public in and forthe State of Alaska Jen f ells My commission expires: A F ; ," I 9 V, p7 0 2,,? Printed name of licensee 4 J, Subscribed and sworn to before me this $ day of `'` '� r 20 (Form MJ-20] (rev 4/19/2021) Page 2 of 2 License #. RECEIVED CITY OF SEWARD, ALASKA APPLICATION FOR THE OCT 0 1 ZOZI SEWARD HISTORIC PRESERVATION COMMISSION OFFICE OF THE CITY CLERK NAME:-Dor?'a- _W1 a lker- STREET ADDRESS: S-2 7 / MAILING ADDRESS: Fd FJ rn x /Z-/ 4 s, E-MAIL ADDRESS HOME TELEPHONE:. �947��6 z- //Qo C9'y7) a Z'Y --5.3 9.6 PRESENTLY EMPLOYED AS: !z�n:,�ervlc List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: Yv/yh�..trr r� i»uSe�i Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: &7 I am specifically interested in serving on the Historic Preservation Commission because: 4�trsar l r7 ?7c��y/P 7- Gl `f&i C, -7e' 1,5-r42J- +( Have you ever served on a similar commission elsewhere? Yes r No . If so, where? If appointed, are you willing to: And when? • Do historic research? ES) NO • Work on preparing grant applications? YES NO • Work on writing historic register nominations? YES NO • Attend historic preservation workshops? NO ��a� ui�✓ �� .moo .- �. � SIGNATURE DATE "V: October 2021 November 2021 October 2021 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 Sep 26 27 28 29 30 Oct 1 2 3 4 5 7 8 9 ELECTION DAY (12:00pm PACAB 12:00pm Canvass 7:00pm P&Z Mtg Board - Rescheduled (Regular M..e.et.i..n...g� 10 11 12 13 14 15 16 .................. 6:30pm CC Work _._._._ 6:00pm CC _ 6:00pm CC Session Budget Work Budget Work (Discuss Options For ... S.as.s. n i n 6:15pm HPC Jom 7:00pm CC Mtg Work Session 7:00pm HPC (Council Chambers). Regular 17 18 19 20 21 22 23 HOLIDAY (Alaska 6:OOpm P&� 12:OOpm PACAB 6.00pm CC Day) Work Session Work Session Budget Work (Council Chambers) ___ Session Chambers 6:00pm CC 7:00pm P&Z Mtg Budget Work (Regular S i n ._._. M in 24 25 26 27 28 29 30 7:00pm CC Mtg 6:00pm Tentative) (Chambers) CC Budget WS 31 Nov 1 2 3 4 5 6 Council Calendar 1 9/29/2021 10:50 AM 113 November 2021 December 2021 November 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th 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 Oct 31 Nov 1 2 3 4 5 6 6:00pm P&Z Joint 12:00pm PACAB 6:15pm HPC Work Session - Mtn Work Session HPC (Council (Council C ha m b.aJ_ba....m......b..e...rs_a.._....._....._....._..... 7:00pm P&Z Mtg 7:00pm HPC (Regular Regular Meetin Meeting (Council Ctmm..b.e...0.......................... 7 8 9 10 11 12 13 .......... 7:00pm CC Mtg _. I T—NEO Trainin Online throucih AML HOLIDAY (Council Chambers) 14 15 16 17 18 19 20 AML Conference in Anchor qe AAM nfefence in Anchor ___ 6:00pm P&Z 12:00pm PACAB� _._._........ Work Session Work Session (Council (Chambers)_ Chambers) 21 22 23 24 25 26 27 HOLIDAY 7:00pm CC Mtg I ....... hamb..e.rs) 28 29 30 Dec 1 2 3 4 Council Calendar 2 9/29/2021 10:50 AM 114 December 2021 January 2022 December 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 28 29 30 Dec 1 2 3 4 12:00pm PACAB Mtn 5 6 7 8 9 10 11 7:00pm P&Z Mtg 6:15pm HPC (Regular Work Session Meeting) (Council L._ ha.rn b.e...rs_a...................... _._._._.. 7:00pm HPC Regular Meeting (Council .ham r 12 13 14 15 16 17 18 12:00pm PACAB 7:00pm CC Mtg (Council Work Session Chambers) (Chambers) 19 20 21 22 23 24 25 6:00pm P&Z 12:00pm HOLIDAY Work Session HOLIDAY (Council Chambers) 26 27 28 29 30 31 Jan 1, 22 7:00pm CC Mtg _. 1chambersl_. Council Calendar 3 9/29/2021 10:50 AM 115