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HomeMy WebLinkAbout04132009 City Council PacketSeward City Council Agenda Packet Apri113, 2009 City Council Chambers Beginning at 7:00 p.m. ~9~a i9~s zoos The City of Seward, Alaska ~~ls~d CITY COUNCIL MEETING AGENDA .4 't I ! {Please silence all cellular phones and pagers during the meeting} '' Note NEW time! ' °" April 13, 2009 7:00 .m. Council Chambers 1. CALL TO ORDER Clark Corbridge 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2009 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITF,MS SCHEDULED FOR PUBLIC HEARING. Willard E. Dunham [Those who have signed in will be given the first opportunity to Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agenda items are not considered separately Term Expires 2009 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2009 A. Proclamations and Awards 1. Citizen Police Academy Recognition ........................ Pg. 3 Betsy Kellar 2. Sexual Assault Awareness Month ........................... Pg. 9 Council Member 3. Recognizing Spring Creek Correctional Center Employee of Term Expires 2009 the Year Dorothy Locke ....................................Pg. 10 B. Borough Assembly Report Jean Bardarson C. City Manager's Report Council Member D. City Attorney Report Term Expires 2010 E. PACAB Quarterly Report F. Other Reports and Presentations Marianna Keil Council Member 1. Parking Meter Update Term Expires 2010 7. PUBLIC HEARINGS Phillip Oates A. Ordinance for Public Hearing and Enactment. City Manager 1. Ordinance 2009-003, Amending The Seward City Code To Permit The Jean Lewis Use Of Firearms And Bows In Designated Areas In Accordance With State City Clerk Requirements, And To Amend Ordinances Relating To Trapping And Use Of Weapons Within The City . ..............................................Pg. 11 Cheryl Brooking City Attorney 8. UNFINISHED BUSINESS -None 9. NEW BUSINESS City of Seward, Alaska Council Agenda April 13, 2009 Page 1 A. Resolutions *1. Resolution 2009-025, Accepting A Grant In The Amount Of $1,787.40 From The Alaska Highway Safety Office For 2009 Third Quarter ASTEP Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds . ..................Pg. 18 2. Resolution 2009-026, Adopting A Weapons Discharge And Trapping Area Map, Identifying And Designating The Portions Of The City Where Trapping, The Use Of Firearms, And Archery Equipment Will Be Allowed By Permit. ..................Pg. 23 3. Resolution 2009-027, Authorizing The Execution Of An Equipment Lease/Purchase Agreement By And Between The City Of Seward And Municipal Asset Management, Inc., Providing For Related Matters, And Appropriating Funds .........................Pg. 31 4. Resolution 2009-028, Establishing Council Guidance And Support For The City Of Seward's Priorities Prepared For 2009 The American Recovery And Reinvestment Act. ..............................................................................Pg. 49 ...................... B. Other New Business Items * 1. Approval Of The March 23, 3009 Regular and March 27, 2009 Special City Council Meeting Minutes . .....................................................................Pg. 55 2. Appoint a councilmember to be the council liaison for the library museum project. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. City January 2009 Financials .............................................................Pg. 66 11. COUNCIL COMMENTS 12. 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HILDA LESPRDN ~~~ ~' ~;, ~ i. o . r ~y Y J 134 ~., .~ +rw ~''~'~`?~~CII9EF ~&' P®LICI CIT'IZEN'S A~CAI9EMY COO. AT®R ~ F ~.•. ~~~~'3x"r ~~ <d1: _ ~.~ 'y~~Lb~s '.~ } a `~ <~,.: Y ~~Z 3 l t ~//~3 y, k l 4t ~ 'n 1U4 ri~AY ~`~ }~ Y~ ~ ~M( ~r7t~v\ti~~~ ati Rv @ ri,° ~ se ~t~~ •°„k~~~v^~ivtir~3Ay, Proclamation WHEREAS, sexual assault impacts men, women, and children of all racial, cultural, and economic backgrounds, any of whom can and do experience acquaintance rape, stranger rape, sexual assault by an intimate partner, child sexual abuse, incest, sexual harassment, prostitution, and pornography; and WHEREAS, the intolerable crime of sexual assault violates the privacy, dignity, security, and humanity of an individual, and carries health implications for all Alaskans. Sexual assault leaves long-lasting physical and emotional scars that can influence every aspect of a person's life, weather as a victim survivor, or as a family member, friend, neighbor....etc; and WHEREAS, Alaska continues to have the highest per capita occurrence of sexual assault in the nation at 2.5 times the national average, with 25 percent of Alaskans reporting they have been forced into unwanted sexual activities. One in four girls and one in six boys will be sexually assaulted by age 18, and WHEREAS, we recognize the strength and courage of the victims and survivors, along with their families and friends, as they struggle to cope with the reality and long-term trauma of sexual assault; and WHEREAS, Seaview Community Services Domestic Violence program in Seward has provided immediate safety and support to victims of violence and sexual assault since 1988. Seaview is committed to strong advocacy and providing quality services to those who need them, and WHEREAS, Seaview Community Services is hosting a garage sale on April 18, 2009 from S:OOam to noon to benefit domestic violence and sexual assault programs at their facility; and WHEREAS, we also recognize the compassion, commitment, and dedication of the individuals who provide services to survivors and work to increase public understanding; and WHEREAS, united in this effort, we can make a difference and have an Alaska free from sexual violence: and NOW, THEREFORE, I, Clark Corbridge Mayor of Seward Alaska, do hereby proclaim April 2009 as: Sexual Assault Awareness Month in Alaska, and encourage all Alaskans to stand up and speak out against sexual assault. Dated this 13s' day of April, 2009 Clark Corbridge, Mayor ~_ ~, PROCLAMATION ___ ~, ~~_ ~, WHEREAS, Spring Creek Correctional Center started the Employee of the C__ ~, Month and Employee of the Year program in 1991 to show appreciation and ~ ~ recognize those who display high levels of professionalism; and ~ WHEREAS, from the twelve Employees of the Month, the Employee ~__ Assistance Program selected Medical Records Manager, Dorothy Locke as Spring ,-J ~ Creek Correctional Center's 2009 Employee of the Year; and I---1 ---~ WHEREAS, Dorothy Locke is described as the glue that holds the Medical [_ _, Department together with her vast knowledge related to records, organizational skills and constant participation in on-going continued educational activities; and I_'~-- _. ``- ~ WHEREAS, Locke's dedication to Spring Creek Correctional Center and to the ~~ ____ Department of Corrections is commendable and deserves recognition; and ~ _l WHEREAS, Locke will be honored at a luncheon at noon on Friday, May 28, I C ;`(~ 2009 at the Peking Restaurant for this great achievement. I J. __J j ~; ~ ~ NOW Tg EREFORE, g, Clark Corbridge, Mayor of the City of Sepward, Alaska, i~- ~ do hereb reco mze and con ratulate Doroth Locke on this fine accom lishment as -_~ ~~ SPRING CREEK CORRECTIONAL CENTER ~C EMPLOYEE OF THE YEAR FOR 2009 ~~ ~i J Dated this 13~'' day of April, 2008. ~ THE CITY OF SEWARD, ALASKA -~, -:- L- -~. '_~~ Clark Corbridge, Mayor ~-' ~ I ~1 ~ I~-~ ~~ _~, l ~- I~~I I~ ~J~ I;: ~~1" I~_ ~1=~~ ~I~1 ~J-',a~ ~~~!~~~hi~I ~I~~~~J~ ~~L~1V~~il Sponsored by: Oates Introduction Date: March 23, 2009 Public Hearing Dated: April 13, 2009 Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2009-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE TO PERMIT THE USE OF FIREARMS AND BOWS IN DESIGNATED AREAS IN ACCORDANCE WITH STATE REQUIREMENTS, AND TO AMEND ORDINANCES RELATING TO TRAPPING AND USE OF WEAPONS WITHIN THE CITY WHEREAS, there have been several recent incidents of human and black bear interactions within the City of Seward; and WHEREAS, there are concerns about the presence of bears and the use of deadly force in residential areas; and WHEREAS, there is a desire to reduce the impact of bears in the City by allowing hunting of black bears in areas to be designated by resolution of City Council and in accordance with State of Alaska hunting laws; and WHEREAS, the City desires to promote safety in Seward without restricting a citizen's right to bear arms under the Second Amendment of the United States Constitution or the right of the State of Alaska to regulate hunting and game management; and WHEREAS, the City has the authority to restrict the discharge of firearms in Seward where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized (AS 29.24.145); and WHEREAS, the issuance of permits for use of weapons in designated areas will assist the Seward Police Department in promoting safety for all residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Seward City Code Section 10.10.030. Discharge of weapons* is amended to read as follows: (stake-ei}t =deletions; bold italics =additions): 11 (a) It shall be a violation ojthis chapterjor any person to discharge a firearm where there is a reasonable likelihood people, domestic animals, or property may be jeopardized, including trails, roads, buildings and the like. It shall be a vu~lation of this cl¢apter for any person to 1~trewiegly lafr~l?~ discharge any firearm, gellet-gurt, air rifle, air pistol or bow e~ressHeiv within the city except ~evedfange in those areas designated by resolution of the City Council as open to the public for discharging of ftrearms and arclTery equipment or at established shooting ranges. o~-rro*~-in (b) ~, .•.w ..~...,. ..,von ..,,,.. ~ „,., _.,,., ...,...._, ..,.,,,,,,o .,,,,, va,,. :. ' V Subsection (a) shall not apply to any city, state or federal law enforcement officer, state judicial or correctional offerer who is authorized to use forearms in the enforcement of any law or ordinance and who is actually engaged in such enforcement (c) Notwithstanding subsection (a),The use ofair rifles, airpistols l~-germs and lewg-bows is allowed by persons over the age of 16, or younger when supervised by an adult, for the purpose of target practice. Targets shall be inanimate objects.. (Ord. 378, 1971; Ord. 93-27) *See § 10.05.025 as to the sale of firearms to minors; see AS 11.61.190 "~~ et seq. as to state law as to weapons generally. Section 2. Section 9.05.110 is amended to add the following: Animal. "Anima!" means a vertebrate living creature excluding human beings and fish. Section 3. Seward City Code Section 9.05.150. Cruelty to animals is amended to read as follows: (fit =deletions; bold italics =additions) 9.05.150. Cruelty to animals. (a) No person may perform or commit the following acts: (1) Intentionally or with criminal negligence kill or abandon an animal; (2) Intentionally or with criminal negligence injure, torment, poison, provoke or otherwise abuse an animal; (3) Maintain an animal without food, water and shelter adequate to preserve the animal's health: (4) Maintain an animal showing symptoms of an infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care; (5) Keep canines on vacant property unless such property contains a contiguous permanently-occupied residence, occupied by the e-anus' dog's owner, or the owner's agent, who shall be responsible for the daily care, maintenance and supervision of the animals; (6) Refuse to maintain the premises in a sanitary condition including the removal of fecal matter; (7) Cause a domesticated animal to fight another animal or human being, whether for amusement of himself or others or for financial gain; or iz (8) Train, or keep for the purposes of training, an animal far exhibition in combat with an animal or human being. (b) The above section does not apply to the following: (1) Impounding, destruction or other disposition of an animal in a humane manner; (2) Killing or injuring an animal where necessary to protect a human being or domesticated animal from injury or death; (3) The humane destruction of an animal by its owner or the owner's authorized agent; or (4) Use of firearms, archery equipment and traps for hunting and trapping as permitted in accordance with this chapter. (c) The driver of a vehicle involved in an accident resulting in injury to a domesticated animal shall be required to perform the following: (1) Stop the vehicle as close to the scene of the accident as possible; (2) Inform the owner of the animal of the injury if the animal's ownership is readily ascertainable; or (3) Inform the animal control officer or the police department of the accident, the time and location of the accident and a description of the injured animal and the apparent nature of the injury if the animal's ownership is not readily ascertainable. (d) Any person convicted of cruelty to animals as described above is liable for a fine of not less than $50.00 and not to exceed $300.00 for each offense. (Ord. 656, 1991) Section 4. Seward City Code Section 9.05.310. Trapping of animals prohibited is amended to read as follows: (strike-eut =deletions; bold italics =additions) It shall be a violation of this chapter for any person to trap, attempt to trap or aid and abet any person in trapping any animal, wild or domestic, within the City of Seward, provided, that this section shall not apply to the following persons or activities: - (a)~g Trapping; or-capturing-of~nimals orfls.l~y c~ry,.state_or federal la~_ . enforcement, game department or animal control personnel while engaged in the performance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research; (b) ~ Trapping or capturing of rats, mice, shrews, or similar vermin; er (c) Trapping of marten, mink and weasel by box set pursuant to State trapping regulations and a valid permit issued by the City for use of traps in those areas designated for trapping by resolution of the City Council; or 13 (ed) The nonlethal live capturing of loose domesticated animals er~ir~s by means designed to ensure the safety and well-being of the animals. Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. (Ord. 99-11) Section 5. Seward City Code Section 9.05.315. Hunting restricted ~ in-~ar~ is amended to read as follows: (~ =deletions; bold italics =additions) . Hunting, or harassment of wildlife and game within the City is prohibited except as follows: (a) Hunting must be in accordance with this chapter and all applicable hunting regulations adopted by the State; and (b) All hunters and guides must possess a valid permit issued by the City for use of firearms and archery equipment; and (c) All hunting must be confined to areas designated for disc/zarge of firearms and archery equipment by resolution of the City Council; and (d) Hunters must at all times wear a hat, cap, vest, jacket or rain gear of highly visible color, commonly referred to as "Hunter Orange, " as tl:e outermost garment and it must be visible from all sides. Camouflage orange garments, with SO percent or more of the surface in Hunter Orange, comply with this requirement; and (e) All hunting and guide activity must be in compliance with applicable hunting and guiding requirements established by tJ:e State. (Ord. 99-11) Section 6. Anew section SCC 9.05.320 is added to read as follows: 9.05.320 Firearms, archery and trapping. The city manager or the manager's designee is authorized to issue permits for use of firearms, archery equipment and traps for hunting, guiding, and trapping in areas designated for such activities by resolution of city council. Permits, in such form as determined by the city manager, may be issued to citizens authorized to hunt, guide, or trap in accordance with requirements of the State and this chapter. 14 Section 7. This ordinance shall take effect ten days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this day of , 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 15 Council Agenda Statement Meeting Date: March 23, 2009 To: City Council Through: Phillip Oates, City Manager From: Tom Clemons, Police Chief Agenda Item: Amend the City Code to permit the use of firearms and bows in designated areas in accordance with State requirements, and to amend ordinances relating to trapping and the use of weapons within the city. BACKGROUND & JUSTIFICATION: ~'-J Attached for City Council review and adoption is Ordinance 2009- ,which addresses the recent black bear encounters within the City of Seward and additionally provides for historic large and small game hunting. The intent is to allow residents to hunt in specific areas designated by resolution of the City Council, and in accordance with State of Alaska hunting regulations, while promoting safety. The City of Seward has the authority and ability to restrict the discharge of firearms in Seward where people and property may be at risk. By issuing permits for the use of weapons and traps in certain areas, the Seward Police Department will be able to promote safety for all residents. The permits, which would be issued free of charge, shall be required for the use of firearms, archery equipment and traps. The permit application (see attached example) requires a physical address, date of birth, mailing address and contact phone number. The application also notes whether the permit applicant has completed any hunter safety certification that may be required under State of Alaska hunting regulations. The City Code amendments and permitting process will benefit the community and the Seward Police Department, which has received several complaints of hunting near residential areas. Wildlife biologists have said the bear population is increasing, which is pushing the animals into residential areas. Wildlife enforcement officials have said that hunting is a management tool that can mitigate the bear encounters. Local hunters have also requested that the City of Seward allow hunting in the less populated areas of the city, which would control wildlife populations and allow hunters to feed their families. Current ordinances do not adequately address these issues. INTENT: Promote safety by implementing a permit process to allow limited hunting and trapping in designated areas of Seward. 16 CONSISTENCY CAECKLIST• Where applicable, this agenda statement is consistent with the Seward City Code; Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department,„~y~ ATTORNEY REVIEW: X RECOMMENDATION: City Council approve Ordinance 2009-,~ ,amending the City Code to permit the use of firearms and bows in designated areas in accordance with State requirements and to amend ordinances relating to trapping and the use of weapons within the city. 17 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $1,787.40 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR 2009 THIRD QUARTER ASTEP DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office, in the amount of $1,787.40; and WHEREAS, the City is not required to provide any cash or in kind match; and WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department for the enforcement of DUI violations during April, May and June of 2009; and WHEREAS, these funds will be of essential assistance to the Seward Police Department in the enforcement of DUI violations. 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 accept the 2009 ASTEP DUI Enforcement, Alaska Highway Safety Office grant in the amount of $1,787.40 and enter into a grant agreement. Section 2. Funding in the amount of $1,787.40 is accepted to grant revenue account no. 101-0000-4680-0200 and appropriated to the police department's overtime account, no. 101-1210- 5020. Section 3. This resolution shall take effect immediately upon its adoption. 18 Agenda Statement Meeting Date: April 13, 2009 To: Phillip Oates, City Manager K/~ V From: Tom Clemons, Chief ofPolice Agenda Item: Alaska Highway Safety Grant (ASTEP DUI `09 Third Quarter Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office, AHSO, has requested that the City of Seward continue to participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, DUI Overtime Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and assigned weekends, the Seward Police Department will conduct high-visibility DUI enforcement patrols. AHSO has awarded a grant in the amount of $],787.40 for April, May and June 2009. This program is a 100% grant funded project, with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is to save lives by arresting and punishing alcohol and drug impaired drivers and maintain current public perceptions of DUI enforcement issues. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: ,~~ c:~/~„~y,~,~j1 RECOMMENDATION: City Council approve Resolution 2009- L~v~S , accepting a grant from the Alaska Highway Safety Office in the amount of $1,787.40, and appropriating funds. 19 Notice ~o Proceec! Sffite of Alaska Department of TYansportafion and Public Facilities 3132 Channel Ilr l?O Box 112500 Juneau AK 998ll-2500 p: 907-4G5-2446 f: 907-465-0030 doi.a{aska.gov/highwaysatety Grantee Name and Address: Police !t. Louis ASTEP DUI Enforcement You may proceed with the activities for the Categories and specific Tasks enumerated below in the Funding Summary. Any activities beyond the written scope and/or any costs above the price estimate in our Agreement require prior AHSO approval and a Projed Revision. Aduat cost underrun of the Contract Amount for any Category shat) not routinely , accumulate for other Categories. AHSO reserves the right to retain or reallocate any remaining funds resulting From i such cost underruns. This NTP is cumulative and itsupersedes al/ priorNTPs for ffiis Agreemem. The AHSO Administratorforthis NTP is: Cindy Cashen Issued for the Contracting Asency per ~DOTBPF Po~IkyR01"O? l>50 by. Accept~d Tor Signature ( \ ~ ' Date mature Name: Cindy Cash - I Nagme: Lt. Louis Tiner '1G FUNDING SUMMARY Total Amount Approved for this NTP Authorized Tasks Total Amount Authorized tb Date $1,767.40 As authorized in the Program Coordination Grant from April 7 to June 30, 2009_ $5,36220 Vehicle usage is included at $6.00 per hour as referenced in the Program Coordination Grant AtiSO use Cotlocation Code Program Cade NTP No: 3 24461924 57870 Project No: 154AL Dg-01-D1 Projed End Date: 9/30/D9 Ledger Code Encumbrance Number Account Code 30190982 2595166 77436 Rroiect Cantral Programming Action Signature U Date Program Corrtrd Agent -Name: Kathy 6udke 20 State of Alaska Department of Transportation and Public Facilities P.O. Bax 112500; Rm #200 Juneau AK 99801 Ph: 907-465-2446 Fx: 907-465-4030 www.dot.alaska.govlhighwaysafety Program Coordination Grant •~n•~••••~w~ rralec[cooramator Federal Impaired Driving 2009 Project Title: Project Number. Alaska Strategic Traffic Enforcement 154AL 09-01-01 Partnership DUi Overtime Enforcement Grant _ j PurposelObjectives In order to reduce deaths and injuries caused by impaired drivers and to increase compliance with Alaska's primary seat belt law, the Seward Police Department will conduct high-visibility seat belt and DUI enforcement as detailed in the Alaska Strategic Enforcement Partnership Enforcement Plan submitted to the Alaska Highway Safety Offrce in September 2008. The Seward Police Department agrees to participate in the following enforcement blitzes from October 1, 2008 through September 30, 2009. / Required DUI Enforcement: to include the major Holidays Month-by-AAonth Breakdown (Refer to enforcement plan for detail of seat belt and DUI enforcement times): Month Hours -DUI Enforcement Monthl Bud et i ril 10 hrs DUI $ 535.80 Ma _ 10 hrs DUI $ 535.80 June 10 hrs DUf $ 535.80 Vehicle Usa a $6.00 er hour $ 180.00 Actual cost of overtime to include benefits is not to exceed the following amount: $1,787.40 including vehicle usage. Activity covered by this grant must be completed by March 31, 2009_ Reimbursement requests must be submitted to the Alaska Highway Safety Office no later than October 15, 2009. To receive reimbursement for personnel services the department must provide overtime sheets, the hourly rates for each officer along with the activity sheets showing total hours being submitted for reimbursement. zi Expenses are detailed on page 2 of grant. Budget Summary: BUDGET CATEGORY BUDGET AMOUNT 100 Personal Services $ 1,607.40 200 Travel 8 Per Diem 300 Vehicle Usa e $ 180.00 400 Commodities 500 E ui ment TOTAL $ 1,7$7,40 Project # 154AL 09-01-01 CC 24461924 LC 30190982 PJ 80255 PGM Code 57870 EN # 2595166 Signed: a~ o rantee's Project Director D to ~ ~ _ ~ , Governor's Safety Representative ate ' zz Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING A WEAPONS DISCHARGE AND TRAPPING AREA MAP, IDENTIFYING AND DESIGNATING THE PORTIONS OF THE CITY WHERE TRAPPING, THE USE OF FIREARMS, AND ARCHERY EQUIPMENT WILL BE ALLOWED BY PERMIT WHEREAS, there has been a history of hunting and trapping in portions of the city; and WHEREAS, Seward City Code Section 9.05.310 Trapping of Animals Prohibited states that Council will designate an area for the trapping of marten, mink and weasel by box set pursuant to State of Alaska trapping regulations and by valid permit; and WHEREAS, Seward City Code Section 10.10.030 Discharee of Weapons states that Council will designate areas by resolution that are open to the public for the discharge of firearms and the use of archery equipment; and WHEREAS, the City of Seward has the authority and ability to restrict the discharge of firearms in Seward where people and property may be at risk; and WHEREAS, the issuance of permits for the use of weapons in designated areas will assist the Seward Police Department in promoting safety for all residents; and WHEREAS, there are concerns about the increasing presence of bears and the use of deadly force in residential areas; and WHEREAS, there is a desire to reduce the impact of bears within the city while also allowing hunting in accordance with State of Alaska hunting laws. NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The attached map designates the areas open to the public for trapping, discharging firearms, and the use of archery equipment, by valid permit. Section 2. This resolution shall take effect immediately upon its adoption. 23 Council Agenda Statement Meeting April 13, 2009 To: City Council Through: Phillip Oates, City Manager ~~ From: Tom Clemons, Police Chief Agenda Item: A resolution to adopt a weapons discharge and trapping area map, identifying and designating the portions of the city where trapping, discharging firearms, and archery equipment will be allowed by valid permit. BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Resolution 2009- approving a weapons discharge and trapping area map that designates where historic large and small game hunting may be conducted within specific areas of the city. This resolution fulfills the requirements of Seward City Code Section 9.05.310 Trannins of Animals Prohibited and Seward City Code Section 10.10.030 Discharee of Weapons that Council designate areas for hunting, with firearms or archery equipment, and trapping. The City of Seward has the authority and ability to restrict the discharge of firearms in Seward where people and property may be at risk. The weapons discharge and trapping area map designates where the use of weapons and traps may be allowed, by permit, which will help the Seward Police Department promote safety for all residents. A permit, which would be issued free of charge, shall be required for the use of frrearms, archery equipment, and traps. The weapons discharge and trapping area map has been designed with the input of local hunters and trappers, local law enforcement officials and game management officials. The weapons discharge and trapping area map and permitting process will benefit the community and the Seward Police Department, which has received several complaints of hunting near residential areas. The map sets clear boundaries for local hunters who have requested that the City of Seward allow hunting in the less populated areas of the city. Allowing limited hunting in the city will help to control certain wildlife populations, such as black bears, while giving hunters the opportunity to feed their families. INTENT: Promote safety by adopting a weapons discharge and trapping area map that designates areas were limited hunting and trapping may be conducted in Seward. za CONSISTENCY CHECKLIST• Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Fulfills the requirements in SCC Section 9 OS 310 Trapping of Animals Prohibited which states that Council will desi ate an area for the tra in of marten mink and weasel b valid permit: and SCC Section 10 l0 030 Discharge of Weapons which states that Council will designate an area by resolution that is open to the public for the discharge of firearms and archer~quipment FISCAL NOTE: Additional staff time may be required to process the associated permits. Approved by Finance Department:r~~~,~p%,,J ~ ,~,rs.,,.i~ ~.r' RECOMMENDATION: ~ City Council approve Resolution 2009 ~ adopting a weapons discharge and trapping area map, identifying and designating the portions of the city where trapping, discharging firearms and archery equipment will be allowed by valid permit. 25 MEMORANDUM Date: March 23, 2UU9 To: Chief Thomas t;lemous From: Lt. Louis 1t. "finer ~~ Subject: Discharge of Weapons Areas ARC:H)u<RY ONLY tYELL4?W AREA) ~ Northern Boundary -North bank of Japanese Creek. Easter7~ Boundary - 149°27'20"W or approximately 1/2 mile west of residential areas or tree lira: of Mt. Maraihon and Bear R~it. Southern Boundary -City Limits Western Boundary -City Limits Ia 1REA.RMS Al~iD ARCHERY„ jRED AREAS 1 CITY S1I]E Northern Bowidary -City Limits l~,astern Boundary - 149°27'20"W or approximately tree Line of Ault. Benson. Southern Boundary - Nort13 bank of.Tapanese Creek. Wester? Boundary -City I>imits SM1C SIDE Northern Boundary - City Limits Lastern'Boundary -City Limits Southern Boundary -City Limits ~TrTestern Boundary - 1.49°15'OU"W, 50°O6'4~"N south to south batik of Fourth of July Creek then creek bank to city limits. SIi®'I'GUi~I DNLY ii'[!121'LF AREA) Northern Boundary - 60°07'33"N or Tidal Flats Eastern Baturdary -West bank of iZesurrection. River Southern Boundary -'Tidal. Flats Wester7r Boundary - l49°i 8'OU"~~j or in line with. runway 1513 ~, zs 149°2T20"W 60°09'20"N 5''-r-: '~~M .. ~ y.,. ';it =`~i~. .~ J A ~_ U 149°27'20"W 60°05'00"N 149°26'40"W 60°09'20"N 149 °26'40"W u: yl _ 60°08'54"N 149°25'00"W 60°07'33"N 8 '~ capons Disch City of Seward Datum: North American Datum 1927 Projection: Alaska State Plane Zone 4 3/1 312 0 0 9 1149°18'00"W J 60°06'45"N ir ~ ~ ~ y e i j9 ,~~~ ~ ~ ~ 1 FYI ~ iii . ~ \ 1 i _ ' / ~ ~J ~:o .~ 1 "` ' ~ t /~ lfl i j ` . j r,./ . _../ _,,._ \ ~' V i ..__ 149°20'10"W 11149°18'00"W 60°05'00"N I 60°05'00"N arge/Trapping Areas 0 0.5 1 2 Miles Legend ~ ~_- _ i Discharge of FirearmslArchery Equip. ' 'Archery Equip. Onty f,~j Shotgun Only Area Trapping Area r t ~~ MEMORANDUM Date: March 31, 2009 To: Chief Thomas Clemons From: Lt. Louis R. Tiner Subject: 2008 Bear Complaints The following reports are informational summaries of reported bear incidents. They are not all the calls reported, just a select few that didn't originate as garbage bear calls. RP reported bear at the Librazy officer responded observed bear entering Seward Hotel then moments later exit hotel through other door. RP stated the brown bear and her cub were in the horse corral spooking the horses. RP advised that. there was a subject who was getting too close to a grizzly and making it stand up, possibly used repellant spray on the animal. RP advised of a black bear in the area of Lowell Canyon with runners coming down the mountain. SVFD advised of a bear on the trail at Mount Marathon, runners expected to encounter during race. RP advised that the bear was in the yard and would not leave. Another caller advised that it was trying to get into her garbage and then looking in the window. KP advised of a bear that was at the lagoon near the break water. Officer found the bear cub behind Harbor Light Condos. RP advised that last night he shot at the bear that was in the Forest Acres Campground #26 and was not sure if he killed the bear. RP from the hospital, stated the black bear was hanging around the ER entrance and hospital area. RP ad~rised of a black bear that had chased two children on bikes and is still in the area with possible a cub. Officer advised the bear had to be shot. RP advised of a small black bear eating out of a bird feeder across from Pacific Park apartments. A short time after, another report came in of a similar bear in the area of Safeway. RP advised the black bear is between the middle and elementary school and the kids are getting out of school. RP advised that a black bear was in the Terry's Tires parking lot heading east. RP advised that thcre was a black bear on 4th : ss /Iadison Ave heading towards the post office. MEMORANDUM ~' RP advised of a black bear on 3rd Ave heading towards downtown. RP advised that there was a black bear on 2nd or 3rd Ave by the Tot Lot. RP from 1901 Jesse Lee Drive stated the black bear was getting his chickens. Reported in front of Thorns in the garbage. RP advised that there was a bear between City Ha11 and GCI. RP advised an individual was hunting a bear using a bow on Monroe and was drawing a crowd. RP reported there was a bear in her basement at 102 Lowell Canyon. RP called the Police Dispatch and advised that he shot a black bear with a bow while it was walking through his yard at Lowell Canyon. RP advised bear entered the Holiday Inn Express walked down the hallway and defecated. ItP advised that there has been a black bear in the Kimberly Court area for most of the day. RP advised that a male was now there tracking the black bear with a bow and arrow. Public Works advised a black bear was in front of the shop doors. RP advised that there was a black bear in a tree next to 225 Third Ave. near the alley behind the Alehouse. RP came to the PD to advise that there was a black bear in the alleyway behind Christo's heading north. 30 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT BY AND BETWEEN THF, CITY OF SEWARD AND MUNICIPAL ASSET MANAGEMENT, INC., PROVIDING FOR RELATED MATTERS, AND APPROPRIATING FUNDS WHEREAS, the City of Seward, Alaska ("City") is a home rule city and under Section I 1 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or by the Charter of the City, and it has been determined that the matters set forth in this Resolution are not prohibited by law or the Charter; and WHEREAS, the City desires to enter into a capital lease financing agreement for the purchase of a Triple Combination Pumper Fire Truck and a Light Rescue Apparatus ("Equipment") with Municipal Asset Management, lnc. ("Lessor") and the Lessor desires to lease the Equipment to the City; and WHEREAS, the City considers that the acquisition and lease of the Equipment from Lessor is in the public interest and will promote the public purposes of the City; and WHEREAS, there has been presented to the City the form of an Equipment Lease/Purchase Agreement ("Agreement") which the City proposes to enter into in connection with the lease of the Equipment; and WHEREAS, it appears that the Agreement which is now before the City is inappropriate form and is an appropriate instrument for the purposes intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The lease by the City of the Equipment from the Lessor under the Agreement is hereby approved. The aggregate principal component of lease payable under the Agreement shall not exceed $516,842 and said amount shall bear interest at a rate per annum not exceeding 3.295%, resulting in five annual payments paid in advance, of $110,176.78. Section 2. The form and content of the Agreement are hereby, in all respects, authorized, approved, and confirmed, and the City Manager, Finance Director, and City Clerk each is hereby authorized, empowered and directed to execute and deliver the Agreement to the counterparty for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein which shall to him seem necessary, desirable and appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications, additions or deletions therein from the form and content of the 31 CITY OF SEWARD, ALASKA RESOLUTION 2009-027 Agreement now before this meeting, and from and after the execution and delivery of the Agreement, the City Manager ,Finance Director, and the City Clerk each is hereby authorized, empowered, and directed to do all such acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. Section 3. The City Manager, Finance Director, City Clerk or any other person authorized by the City each hereby is authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. The City covenants that it will not use any of the proceeds of the Agreement in such manner, or take or omit to take any other action in such manner, as to impair the execution of the interest component or rent payable under the Agreement from federal income taxation. The Agreement is hereby designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986 as amended (the "Code"). The City hereby covenants that it shall not issue during the calendar year of 2009 more than $30 million in aggregate principal amount oftax-exempt obligations other than tax-exempt obligations described in Section 265(b)(3)(C)(ii) of the Code. The City further covenants that no part of the gross proceeds of the Agreement or any other funds of the City shall at any time be used directly or indirectly to acquire securities or obligations, the acquisition of which would cause the Agreement to be or to became an "arbitrage bond" as defined in Section 148 of the Code. The City shall not permit any of the proceeds of the Agreement, or any products purchased with such proceeds, to be used in any manner that would cause the Agreement to constitute a "private activity bond" within the meaning of Section 141 of the Code. Section 5. The provisions of this Resolution are hereby declared to be separable and, if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions.. Section 6. Upon adoption of this Resolution, the Clerk of the City shall cause a true copy of same to be posted on the City Hall bulletin board and notice of the same to be published as provided in Seward City Code Section 2.15.035(D). Section 7. Funding in the amount of $28,236.78 is hereby appropriated from the Motor Pool Internal Service Fund net assets account no. 102-0000-3050 to the Motor Pool principal account no. 102-1020-5810 ($43,200.78) and interest account no. 102-1020-5820 (minus $14,964) for the purpose of paying the 2009 portion of debt service which exceeds that budgeted in the origina12009 Budget. Section 8. This Resolution shall become effective upon passage and approval in accordance with Seward City Code Section 2.15.050(C). 32 COUNCIL AGENDA STATEMENT Meeting Date: April 13, 2009 Tluough: Phillip Oates, City Manager K~,~ From: Kristin Erchinger, Finance Director Agenda Item: Fire Department Equipment Capital Lease/Purchase Financing BACKGROUND & JUSTIFICATION• The Seward City Council approved Resolution 2008-134 on December 8, 2008, authorizing the purchase of a Triple Combination Pumper Fire Truck in an amount not to exceed $550,000. As a result of competitive bids, the cost of this fire truck will be $354,965. On February 3, 2009, Council approved Resolution 2009-012, authorizing the purchase of a Light Rescue Apparatus in an amount not to exceed $161,877. The purchase of these two pieces of equipment followed a competitive bid process. The purpose of this resolution is to authorize the fmancing to pay for this equipment, which the City will own outright at the end of the lease term. The City solicited bids to fmance a total of $516,842.00. The City received eight (8) proposals from financial firms, with Municipal Asset Management, Inc. offering the lowest cost of financing with five annual payments of $110,176.78, and an interest rate of 3.295%. Overall, the interest cost over the five year term is $34,041.90. As a result, the administration recommends awarding the contract to Municipal Asset Management, Inc. The table below lists the nrnnnsals rere;vP.l~ Proposer Total Annual Payment Interest Rate Municipal Asset Mgmt. Inc. $110,176.78 3.295% LeasourceFinancial Services $110,686.88 3.54% Leasing 2, Inc. $110,794.52 ° 3.59 /o Key Government Finance, Inc. $113,136.53 4.73% Republic First National $113,235.71 4.77% BaystoneFinancial Services $1]3,448.52 4.g5% Municipal Capita] Markets $114,207.75 5.25% Academic Capital Group $114,845.99 5,56% FISCAL NOTE: The 2009 budget included $81,940 for the lease of the fire truck only (since the light rescue apparatus was not included in the 2009 budget). The first required payment on both pieces of equipment totals $110,176.78, which requires an additional 2009 approp iation from the Motor Pool Internal Service Fund of $28,236.78. Approved by Finance Department RECOMMENDATION: Council approve Resolution 2009-~a`~ authorizing the execution of an equipment ]ease/purchase agreement by and between the City and Municipal Asset Management, Inc. and providing for related matters, and appropriating funds in the amount of $28,236.78 to pay for principal and interest on debt service. 33 MUNICIPAL ASSET MANAGEMENT, INC. "LEASING TO .STATE' AND LOCAL GOVERNMENTS" April 3, 2009 Ms. Kristin F_rchinger Finance Director City of Seward EO. Box 167 Seward, Alaska 99664-0167 Via Email: derk(u~cit~ofseward.oct RE: RFP Equipment Lease-Purchase Financing, 2009 On behalf of Municipal Asset Management utd our partner p'irst Responders, I am pleased to submit the followuig bid to the City of Seward for the ]easeJpurchase of new fire apparatus: Tertn ILite Amount Annual Advance Payment Amount 5 years 3.295"/0 $516,R42.00 $11Q176.78 The finutcu~g will consist of a surglc schedule. All bids are good through May 3, 2009 and arc subject to fatal uedit approval aad muhially acceptable documentation. Lessee will provide a standard validity opinion with the Lease. No additional costs will be charged to the Lessee to complete this transaction. (See the attached foc details) Attached please find a detailed proposal and additional infomtation on our firm. You may also visit our websi[e a[ wwwmunicEpalassetmanag_emeutcom for additional information. Please call me at (303) 273-9494 if you have questions I hope to he able to work with you. Sit erely, Paul Collings `---------- _ President Mwucipal tlsset Management, Inc. 25268 Footwu-s Oawe Norstx Ga.oEx, CO 80401 pxoNE: 303-273-9494 Fnx: 303.273-9505 ENUL: WFO(~.auacr.coN WWW.MUNICIPRlA53EfMANA~EbEN7.C0Y 34 MUNICIPAL ASSET MANAGEMENT, INC. Lf;~,c;~r, ~~n er,~~s acn t~c,:i. cni~race.n;.~r.c LEASE PROPOSAL Paul Collings 303-273-9494 Frank Heeg 800-949-6685 DATE: April 3, 2009 LESSEE: City of Seward, AK REQUESTED BY: Kristen Erchinger Finance Director (907)224-4064 LESSOR: Municipal Asset Management, Inc. 25288 Foothills Dr N Golden, CO 80401 Contact: Paul Collings (303) 273-9494 pecollinos(a~mamgt.com STRUCTURE: Tax-Exempt Lease Purchase EQUIPMENT: One (1) Triple Combination Pumper, One (1) Special Service Fire Apparatus FINANCED AMOUNT: $516,842.00 LESSOR FEES: Lessor will charge no fees to Lessee unless specifically identified in this proposal. DOCUMENT FEES: None CLOSING COSTS: None ESROW ACCOUNT: A National Bank will be named Escrow Agent to hold the lease proceeds in trust from closing until the equipment is delivered. ALL EARNINGS ON THE ESCROW ACCOUNT WILL BELONG TO THE LESSEE. The Lessee will control disbursements from the Escrow Account. ESCROW FEES: To be paid by Lessor LEGAL OPINION: A validity opinion from Lessee's counsel will be required. LEASE TERM: Five (5) years, payments to be due annually in advance LEASE RATE: 3.295% PAYMENT AMOUNT: $110,176.78 PREPAYMENT PRICE: The lease may be prepaid on any payment date by paying the lease payment then due together with the Purchase Price as shown on the Amortization Schedule below. 25298 FOOTHLLS DRIVE NORTH GOLDEN COLORADO 50407 PHONE: 303-273-9494 FAX: 303-273-9505• EMAIL: PF.COLLINGSQMAMGT.COM 35 Page 2 City of Seward April 3, 2009 AMORTIZATION SCHEDULE: Commencement Date 20-Apr-09 Pmt Payment Principal Total Interest Principal Purchase # Date Balance Payment Portion Portion .Price 516,842.00 1 20-Apr-09 406,665.22 110,176.78 O.OD 110,176.78 414,482.20 2 20-Apr-10 309,888.06 110,176.78 13,399.62 96,777.16 314,667.48 3 20-Apr-11 209,922.09 110,176.78 10,210.81 99,965.97 212,357.39 4 20-Apr-12 106,662.24 110,176.78 6,916.93 103,259.85 107,489.54 5 20-Apr-13 0.00 110,176.78 3,514.54 106,662.24 0.00 ADDITIONAL TERMS AND CONDITION: TOTALS 550,883.90 34,041.90 516,842.00 Interest Rate 3.295% None. Municipal Asset Management will abide by all of the terms and conditions of the Request for Proposal. This is a proposal oniv and is not a commitment to finance. This proposal is subiect to credit review and approval and proper execution of mutually acceptable documentation. This transaction must be credit approved, lease documents properly executed and returned to Lessor and the transaction funded by Lessor within 30 days from the date stated above, or Lessor reserves the right to adjust and determine a new interest rate, rate factor and payment amount. 25288 FOOTHLLS DRIVE NORTH GOLDEN COLORADO 80401 PHONE: 303-273-9494 FAX: 303-273-9505• EMAIL: PECOLLINGS@MAMGT.COM 36 CITY OF SEWARD MOTOR POOL INTERNAL SERVICE FUND 2009 Debt Service Schedule Balance 2009 Budget Balance Description Inrerest Race ~ I~OI~09 Principal Interest Total @ I2/3I~09 Tetm Fire Truck (budget) 7.50% 440,000 66,976 I4,964 8I,940 373,024 2009 - 20I3 Plow/Sander (budget) 7.50% 225,000 32,706 7,680 40,386 I92,294 2009 - 20I3 Water Tanker (budget) 7.50% 85,000 I2,356 2,90I I5,257 72,644 2009 - 20I3 L-90 Loader (roads/streets -budget) 7.50% I90,000 27,6I9 6,486 34,I04 I62,38I 2009 - 20I3 L-90 Loader (SMIC/harbor -budget) 7.50% 190,000 27,6I9 6,486 34,I04 I62,38I 2009 - 20I3 Altec Bucket Truck (electric -budget) 7.50% 450,000 65,4I2 I5,36I 80,773 384,588 2009 20I3 Totals: $I,580,000 $232,687 $53,877 $286,564 $I,347,3I3 n m MUNICIPAL ASSET MANAGEMENT, INC. MASTER LEASE AGREEMENT LEASE NUMBER This MASTER LEASE AGREEMENT (the "Agreement"), dated as of April 20, 2009 is made and entered into by and between MUNICIPAL ASSET MANAGEMENT, INC., a Colorado corporation, as lessor (the "Lessor"), and CITY OF SEWARD, a political subdivision of the State of Alaska, as lessee ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS Rertinn t.t. Definitinnc- The following terms have the meanings specified below. "Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. "Agreement" means this Master Lease Agreement and all Equipment Schedules hereto. "Agreement Date" means the date first written above. "Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. "Equipment" means all items of property described in Equipment Schedules and subject to this Agreement. "Equipment Group" means each group of Equipment listed in a single Equipment Schedule. "Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to Equipment Group. "Escrow Account" means the equipment acquisition account established by Lessor and Lessee with the Escrow Agent pursuant to the Escrow Agreement. "Escrow Agent" means SunTrust Bank, a V irginia banking corporation, and any successor escrow agent under the Escrow Agreement. "Escrow Agreement" means the Escrow Agreement, substantially in the form of Exhibit F hereto; to be executed by Lessor, Lessee and the Escrow Agent upon the first funding of an Equipment Schedule using the procedure described in Section 2.4. "Events of Default" means those events described in Section 12.1. "Fiscal Yeaz" means each 12-month fiscal period of Lessee. "Funding Date" means, with respect to each Lease, the date Lessor makes payment to the Vendor(s) named in the related Equipment Schedule or reimburses Lessee for the purchase price of the related Equipment Group or, if the procedure described in Section 2.4 is utilized, the date Lessor deposits funds equal to such purchase price into the Escrow Account. "Interest" means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. "Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. "Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule. "Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1. "Net Proceeds" means any insurance proceeds or condemnation awazds paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof. "Non-Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the governmental entity from which Lessee 4/7l2009:BQ-ESC.DDChev 04/o2stl 2 38 obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of al] of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. "Payment Date" means each date upon which a Renial Payment is due and payable as provided in a Payment Schedule. "Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule. "Principal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. "Prepayment Price" means the amount so designated and set foRh opposite a Payment Date in a Payment Schedule indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Paymenl due on such Payment Date. "Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. "Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor. "State" means the state or conunonwealth in which Lessee is situated. Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation of the Equipment. SecHnn 1.2. Fshibitc_ Exltiltit.A: Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule. F.xh;h;r R-1: Form of Tax Agreement and Arbitrage Certificate (Escrow). F.xh;h;r C_ I : Form of Resolution of the Governing Body of Lessee relating to each Lease (Escrow). Rxh;h;r T): Form of Incumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease. ExhihiLE: Form of Opinion of Independent Counsel to Lessee. F.xhihilF: Form of Escrow Agreement. Fxhihir C;-1: Form of Confirmation of Outside Insurance. F.xh;h;r r,-2: Form of Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance. ARTICLE II. LEASE OF EQUIPMENT Srrtinn 2.1. acmricitin~ n of FTUrmint- prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired lease terms for such equipment, and such other information as the Lessor may require. If Lessor, in its sole discretion, determines the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Rertinn 22. n;chnrsemenr. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement by the Escrow Agent) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a resolution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on the terms provided in such Equipment Schedule; (d) a Tax Ageement and Arbitrage Certificate in the form of Exhibit B-I (as applicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (f) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of payment thereof and evidence of official intent to reimburse such payment as requued by the Code; (g) financing statements naming Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is part of such Equipment Group and is subject to certificate of title laws; (h) a completed and executed Fomt 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of Exhibit E hereto, and (j) any other documents or items reasonabiy required by Lessor. Section 2.3. ixasei Pncceccinn and lice Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the temps and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each Equipment Group during the related Lease Term, except as expressly set forth in this Agreement. Section 2.4. Rsrrnw Prnrednre. If Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account: (a) Lessor and Lessee shall execute an Escrow Agreement substantially in the form of Exhibit F; (b) Lessor and Lessee shall execute an 9q/2009;BQ~ESC~~C/rev.o6/~2s0 '3 39 Equipment Schedule relating to such Equipment Group; and (c) Lessor shall deposit an amount equal to the cost of the Equipment Group into the Escrow Account. All amounts deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee which shall be repaid by the Rental Payments due under the related Lease. ARTICLE III. TERM Rerfinn 3.1. Term, This Agreement shall be in effect from the Agreement Date until the earliest of (a} termination under Section 3.2 or (b) temtination under Section 12.2; prnuided,l>o~e~rt, no Equipment Schedules shall be executed after any Non-Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.4. Cnrtinn ~ 2. T rminatinn by i.eccee. In the sole event of Non-Appropriation, this Agreement and each Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effective upon the last day of the Fiscal Year for which funds were appropriated, in the manner and subject to the terms specified in this Article. Lessee may effect such termination by giving Lessor a written notice of termination and by paying to Lessor any Rental Payments and other amounts which aze due and have not been paid at or before the end of its then current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided in this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3. cerr'nn ~ ~ Fifrrt of Termination. Upon termination of this Agreement as provided in Section 3.2, Lessee shall not be responsible for the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's inshvctions and for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. Bretton 3A. Terminatinn of i.ease Term, The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS 9ectinn 4.t. Rentat Payer, The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest aceming from the Funding Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefor. Certinn 4.2. Cnrrrnt F,xI P~,~Se- The obligations of Lessee, including its obligation to pay the Rental Payments due in any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the Equipment) to the payment of any Rental Payment or other amount coming due hereunder. Section 4.3 Unconditional Rental Paymentc. The Lessee's obligation to make Rental Payments shall be absolute and unconditional. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. ARTICLE V. OPTION TO PREPAY Cerfinn 5.1. ~ntinn m Prenay, Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price (which shall include a prepayment fee} as set forth in the related Payment Schedule, provided there has been no Non-Appropriation or Event of Default. c~rtinn 5.2. 1R,xerrice_nY 0ntinn, Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective and the applicable Prepayment Price set forth in the related Payment Schedule. ]n the event that 9 all/2009_BQ~ESC OOC/rev.00/02stl 40 all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise of its option to prepay shall be void and the related Lease shall continue in full force and effect. Section 5.3. Release of i ccDr'a int r ct, Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. ARTICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS ~P~tID~ ~+ 1 Rgnrecantatinnc and ~'Jarrantiaa f T eccPP, Lessee represents and warrants as of the Agreement Date and as of each Lease Date as follows: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Cade, duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement, each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each Lease. (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary acton of Lessee's governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, each Lease and the acquisition and financing of the Equipment by Lessee. (c) This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligazion of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violaze any State or federal law or local taw or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public boazd or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or any Lease or any other action wherein an unfavorable ruling or fording would adversely affect the enforceability of this Ageement or any Lease. (f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occulted which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the cutrent Fiscal Year, and such moneys will be applied in payment of all Rental Payments due and payable during such current Fiscal Yeaz. (h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Tetra. Lessee presently intends to continue each Lease hereunder for its entire Lease Term and to pay all Rental Payments relating thereto. Serhnn 6.2. Covenants of i,eccee_ Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain unpaid: (a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or regulation or in a manner contrary to thaz contemplated by this Agreement. Lessee shall obtain and maintain all perntits and licenses necessary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions, value or use of such Equipment. (b) Lessee shall provide Lessor access az all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. (c) Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, change, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to dischazge or remove any such claim if the same shall azise at any time. Lessee shall reimburse Lessor for any expense incurred 6y L.essor in order to dischazge or remove any such claim. (d) The person or entity in charge of preparing Lessee's budget will include in the budget request far each Fiscal Year the Rental Payments to become due during such Fiscal Yeaz, and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Yeaz sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this 4/]/2009:BQ-ESC DDprev 01102stl 41 Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will Lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. (e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other than the Equipment, and that the Rental Payments will not be directly or indirectly secured by or derived from any payments of any type or any fund other than Lessee's general purpose fund. (f) Upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing Fiscal Yeaz and such other financial information relating to the ability of Lessee to continue this Agreement and each Lease as may be reasonably requested by Lessor. (g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. cerfinn 6 ~ Tax Related Renrecentatinns~ WarranHec and Covenants. (a) Incorporation of Tax Agreement and Arbitrage Cert~cate. As of each Lease Date and with respect to each Lease, Lessee makes each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect to such Lease. By this reference each such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. (b) Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any Lease from its Federal Boss income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, with respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the highest marginal tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE AND RISK OF LOSS certinn 7.1. I,iahilih and Prnlyerly Tnsnranre. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Prepayment Price of each Equipment Group. Section 7.2. Workers' Cmm~ensarinn Tnsnranre, If required by State law, Lessee shall carry workers' compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall famish to Lessor certificates evidencing such coverage throughout the Lease Term. S rtinn 7 3. Tnsnranre Rem~irements. (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor and/or its assigns as an additional insured party and loss payee regazdless of any breach of warranty or other act or omission of Lessee and shall include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b) Self Insurance. With Lessor's prior consent, Lessee may self-insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. (c) Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any Equipment evidence of insurance which complies with this Article VIl with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the confirmation of insurance in the form of Exhibit G-1 attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self- Insurance and Addendum to Equipment Schedule Relating to Self-Insurance in the form of Exhibit G-2 attached hereto, as applicable. certinn 7.a. Risk of i .nss. To the extent permitted by applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees to indemnify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or azise out of this Agreement, including but not limited to, (a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otherwise ap@oo9-aQ-eSC.OOGrev O41o2stl 42 disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agreement. SeMinn 7.5. DesM,ctinn nt Fn, ,~ mart Lessee shall provide a complete written report to Lessor immediately upon any loss, then, damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and from time to time during regulaz business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair ("Damaged Equipment"), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee's sole expense with equipment having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notify Lessor of which course of action it will take within fifteen (1S) days after the loss occurrence. If, within forty-five (4S) days of the loss occurrence, (a) Lessee fails to notify Lessor, (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the Damaged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may, at its sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to dischazge Lessee' obligation under this Section. ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE Section R_l. Maintenance nt F.nn'~nment. Lessee shall notify Lessor in writing prior to moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition including compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and as such, shall be subject to the terms of this Agreement. Serfinn R2. Taxes. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by this Section. Lessee shall pay all utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body that may be secured by a lien on the Equipment. Lessee shall not be required to pay any federal, stare or local income, succession, transfer, franchise, profit, excess profit, capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Serrinn R.3. Advances. If Lessee shall fail to perform any of its obligators under this Article, Lessor may take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of 18% per annum or the maximum rate pemutted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE IX. TITLE Section 9.1. Title. During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own the Equipment and by this Agreement and each Lease is merely financing the acquisition of such equipment for Lessee. Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. Serrinn 92. Sec„rit^Interest_ All provisions referencing Lessor having a security interest in the Equipment are hereby cancelled and shall not have any force or effect. Lessor and Lessee agree that the Agreement does not result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment or any other asset of Lessee. Section 9.3. Modification of F.qu' mart, Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. Section 9.4. Persona[ Prn~ ertr, The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. WARRANTIES Section In.l. Retertinn nt Fnn' mem, Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. Section t 0 2 Vendor's warranties Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all 9/9I20°9:BQ-EECDOC/rev.MM2 stl ~ 43 Vendor's warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. Lessor has no obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee. ReMinn 103. Dicrlaimar of Warranti c LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELNERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANT-ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT. ARTICLE XI. ASSIGNMENT AND SUBLEASING Sertinn t 1.1. Aesiwnment by i.eccnr, Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and Lessor's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such assignment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Section 112_ A.csswnmenr and Snhteacing by r.essee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES Section t2_t_ Events of nefanlr nPtined- The occurrence of any of the following events shall constitute an Event of Default under this Agreement and each Lease: (a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be paid to Lessor (other than by reason ofNon-Appropriation). (b) Lessee's failure to maintain insurance as required by Article VII. (c) With the exception of the above clauses (a) & (b), Lessee's failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration. (d) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in arty material respect upon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (f) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to cant' on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Sertinn 12.2. Remedies nn nefanlr_ Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the following remedies: (a) Lessor, with or without terminating this Agreement or any Lease, may declare all Rental Payments immediately due and payable by Lessee, whereupon such Rental Payments shall be immediately due and payable. (b) Lessor, with or without terminating this Agreement or any Lease, may repossess any or all of the Equipment by giving Lessee written notice to deliver such Equipment in the manner provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such Equipment and chazge Lessee for costs incurred, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion has been destroyed, Lessee shall pay the applicable Prepayment Price of the destroyed Equipment as set forth in the related Payment Schedule. Regazdless of the Fact that Lessor has taken possession of the Equipment, Lessee shalt continue to be responsible for the Rental Payments due during the Fiscal Year. (c) If Lessor terminates this Agreement and/or any Lease and, in its discretion, takes possession and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; (iv) the applicable Prepayment Prices of the Equipment Groups; and (v) the balance of any Rental Payments owed by Lessee during the Fiscal Year then in effect. Any disposition proceeds remaining after the requirements of Clauses (i), (ii), (iii), 4/'i120D9:aQ-e$C.DOC/rev.00l~2s11 (iv) and (v) have been met shall be paid to Lessee. (d) Lessor may take any other remedy available, at law or in equity, with respect to such Event of Default, including those requiring Lessee to perform any of its obligations or to pay any moneys due and payable to Lessor and Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in enforcing any remedy hereunder. (e) Each of the foregoing remedies is cumulative and may be enforced sepazately or concurcently. Serfinn 12 3 Rernrn of Fgninment Wele cP nt' i ccr r . + Upon temrination of any Lease prior to the payment of all related Rental Payments or the applicable Prepayment Price (whether as result of Non-Appropriation or Event of Default), Lessee shall, within ten (]0) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Article VIII; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; and (c) return such Equipment to a location specified by Lessor, freight and insurance prepaid by Lessee. If Lessee refuses to return such Equipment in the manner designated, Lessor may repossess the Equipment without demand or notice and without court order or legal process and charge Lessee the costs of such repossession. Upon termination of this Ageement in accordance with Article III or Article X1I hereof, at the election of Lessor and upon Lessor's written notice to Lessee, full and unencumbered legal title and ownership of the Equipment shall pass to Lessor. Lessee shall have no further interest therein. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership to Lessor and termination of Lessee's interest in the Equipment. Serfinn 12.4 i.ate ('harm, Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. ARTICLE XIII. MISCELLANEOUS PROVISIONS Srrtinn t 3.1. Nnhrec, AI l written notices to be given under this Agreement shall be given by mail to the parry entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Serfinn 132. Winding Rffrrt_ This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. Section 13.3_ Reverahility. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competentjurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Secrnn 13_d_ Entire Agre m • Amrndmenrs_ This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Serfinn 13_S. ('.a to inn c_ The captions or headings in this Agreement are for convenience only andut no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13.6. Further Assurances and (:nrrertive rnatrnmrntc- Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to he, or for otherwise carrying out the expressed intention of this Agreement. Lessee hereby authorizes Lessor to file any financing statement or supplements thereto as may be reasonably required for corcecting any inadequate description of the Equipment hereby leased or intended so to be, or for otherwise cazrying out the expressed intention of this Agreement Serfinn t 3.7. (:norrning i.aw: This Agreement shall be governed by and construed in accordance with the laws of the State. Serfinn t3.R. 1tcn,-.r, Ii is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum amount permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal remains, refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest shall be spread through the applicable Lease Tenn so that the Interest is uniform through such term. Sej•tinn t 3.9. i essee's Perfnrmanrw A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such provision. Section t 3.t n waiver of aurv Triai- Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. Serfinn 13.11. i1SA Patriot Act Cmm~lianre Nntifir:,tinn_ Along with all other U.S. Financial institutions, we began complying with Section 326 of the USA Patriot Act effective October 1, 2003. Designed to assist the government in preventing the funding of terrorist and money laundering activities, this section of the USA Patriot Act requires us to know the business entities that are new to 4!]R W9: eQ-85C.DOC/rev.04/02stl 45 MlJNICIPAL ASSET MANAGEMENT, INC. To accomplish this we will obtain, verify and record information that identifies business entities that open new accounts with us. What this means to you: when you open your account with us for your business, we will ask you for business name, physical address, taxpayer identification number and other information that will allow us to verify your company's identity. The information requested may include documents, such as your charter or Articles of Incorporation which will verify the identifying information you are giving us. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4p/2009:BQ-ESC DOGrev 09/~2s0 1 O 46 EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. CITY OF 5EWARD, Lessee Name: Title: Address: 410 Adams Street Seward, AK 99664-0167 Telephone: (907) 224-4076 Facsimile: (907) E-mail address: 4R72009_BQ~SSC.000/rov.04/025~1 11 47 MUNCIPAL ASSET MANAGEMENT, INC., Lessor Name: Paul E. Collings Title: President Address: 25288 Foothills Dr. N. Golden, CO 80401 Telephone: (303) 273-9494 Facsimile: (303) 273-9505 EXHHiIT A EQUIPMENT SCHEDULE NO.Ol TO LEASE NO. The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as Apri120, 2009, (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warcants that no Non- Appropriation and no Event of Default, or event, which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occun•ed under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. The cost of the Equipment Group to be funded by Lessee under this Lease is 5516,842.00 (the "Acquisition Cost"). The Equipment Group consists of the following Equipment, which has been or shall be purchased tiom the Vendor(s) named below for the prices set forth below: Triple Combination Pumper Fire Truck with Spartan MetroStar Chassis Special Service Fire Apparatus mounted on a Ford F-550 Chassis The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term, Lessee will provide written notice to Lessor: CITY OF SEWARD, Lessee Name: Tiile: Date: Address: 410 Adams Street Seward, AK 99664-0167 Telephone: (907) 224-4076 Facsimile: (907) 12 9/],'20D9.BQ-ESC rJOGrev 01/03srI 48 MUNICIPAL ASSET MANAGEMENT, INC. Lessor sy: Name: Paul E. Collings Title: President Date: Address: 25288 Foothills Dr. N. Golden, CO 80401 Telephone: (303) 273-9494 Facsimile: (303) 273-9505 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING COUNCIL GUIDANCE AND SUPPORT FOR THE CITY OF SEWARD'S PRIORITIES PREPARED FOR 2009 THE AMERICAN RECOVERY AND REINVESTMENT ACT WHEREAS, the American Recovery and Reinvestment Act was signed into law on February 17, 2009. Also known as the "economic stimulus package," this bill includes federal funds to be distributed by formula and by competitive grants that Alaskan organizations, Boroughs, cities, and villages may apply for; and WHEREAS, most of the Act's funding is in the areas of transportation, education, health, and energy; and WHEREAS, the City of Seward will be competing with other organizations and local governments across the nation; and WHEREAS, projects that have already been through the federal process and have engineering and design completed, or near completion, will have a better chance of initial success for these funds; and WHEREAS, projects that have been vetted through the public process will also have a better chance of initial success for these funds; and WHEREAS, the city manager has formed a staff task force to follow the Act and determine what funding maybe available to the City of Seward; and WHEREAS, this task force meets once a week to share their knowledge and provide updates to all Departments; and WHEREAS, the Community Development Department is coordinating with local non- profits and the schools to be sure they are provided information quickly; and WHEREAS, we are offering letters of support for any non-profit or school that intends to apply for stimulus funding for projects that enhance the City of Seward's quality of life; and WHEREAS, we have created a master project spreadsheet (attached and updated April 13, 2009) capturing potential projects that may qualify for stimulus funding; and WHEREAS, the "Stimulus Task Force" has been tasked to research potential funding sources and provide ongoing updates to determine whether or not we qualify for these funds; and 49 CITY OF SEWARD, ALASKA RESOLUTION 2009-028 WHEREAS, we will aggressively pursue projects on this list if funding opportunities become available, if projects can be developed timely, if deadlines are achievable, and/or if matching funds are available; and WHEREAS, the City Council held a work on March 27, 2009 and addressed the following list of projects that requires city council's continued support in order to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council approves and directs Administration to further research and refine the scope of work and cost estimates for the following list of projects. # DEPARTMENT PROJECT LEAD PROJECT 1 Harbor Anderson Construction of Z Float 2 Harbor/SMIC Anderson Port Security, Cameras, Fencing, Keycard Access 3 Harbor Anderson 5ton Crane 4 SMIC Anderson SSDD- transfer system 5 Harbor Anderson ARRV Dolphins & fueling capabilities 6 Harbor Anderson Boardwalk 7 SMIC Anderson 25D-ton Wash down Pad- Storm water Prevention 8 SMIC Anderson Assistance with clean-up of contaminated material 9 SMIC Anderson SMIC Storage/Maintenance Yard- electrical improvements 10 Harbor Anderson N.E. Harbor fish cleaning station renovation project 11 Harbor Oatesl Anderson Moving Coast Guard Building 12 Army Corps of Engineers Oates! Anderson Breakwater extension! Breakwater Deficiency 13 Army Corps of Engineers Oatesl Anderson Improving and maintaining Lowell Canyon Public Works/ 14 WaterlWastewater Casey Water Storage Tank Public Worksl 15 Water/UJastewater Casey #3 Lift Sta4on 16 Public Works Casey New Shop 17 Public Works Casey Old sewer and water line upgrades 18 Public Works Casey Extension of sewer and water 19 Streets Casey Seward Sidewalk Improvements 20 Public Works Casey ADA Design/ Build for City Hall Kenai Watershed Forum Public Worksl 21 WaterNVastewater Ruffner 22 Library Linville Electric/ Public Works/ 23 Harbor Foutz/ Anderson Dairy Hill Culvert/ Fish Mitigationl Fish Ditch Library/ Museum Digital Meter Readers and Digital Monitoring Systems 50 CITY OF SEWARD, ALASKA RESDLUTION 2009-028 24 Electric Foutz 25 Electric Foutz 26 Electric Foutr 27 Electric Foutz 28 Community Development Terry 29 Community Development Terry 30 Community Development Terry 31 Community Development Terry 32 Community Development Oates/ Terry 33 Community Development Oates/Terry 34 Fire Squires 35 Fire Squires 36 Fire Squires 37 Fire Squires 38 Fire Squires 39 Fire Squires 40 Fire Squires 41 Fire Squires 42 Police/ Fire Clemons/Squires 43 Police Clemons 44 Police Clemons 45 Police Clemons 46 Police Clemons 47 Police Clemons Parks &Rec- Parking & 48 Harbor Sturdy/ Anderson 49 Parks &Rec Sturdy Parks &Rec & Public 50 Works Sturdy/ Casey Parks &Rec & Public 51 Works Sturdy/ Anderson 52 Hospital/ Providence Erchinger! Bolton 53 Hospital/ Providence Erchinger/ Bolton 54 Hospital/ Providence Erchinger! Bolton 55 ASLC Shaefermeyer Generator Warehouse Line upgrades- TBD LED light upgrades Upgrade generator spray nozzle Flood Priorities MRCS may purchase easements on any floodplain lands, City has submitted a list of suggested properties to the State, advertised, and sent to some property owners Removing debris Stabilizing Levees Mary Lowell Center Jesse Lee Home- Leadership Charter School Our project is to establish a LOSAP Program- encouraging retention and recruitment by offering a Length of Service Award to be earned by our volunteers. Forest Acres Annex Fire Station /Vehicle Storage/ possible EOC - dispatch plus shelter supply storage Equipment- air packs/ upgrading our current air packs with new systems for firefighter safety Renovations to Wesley Building to provide Fire Station/ apparatus bays! office space for several City Department Renovations to Wesley- Dual purpose facility Vehicle acquisition Demolition of residential housing Fire station upgrades- sprinkler Public Safety Facility Camera System Upgrade and Expansion (for city infrastructure) Traffic Enforcement Radars and Digital Dash Cameras for police vehicles Digital Storage Unii, Mobile Data Terminals, programming, maintenance, and networking Security Closed Circuit Cameras and System (HS) Local Youth Mentoring Program Automated Parking System Evan Casey Skate Park Upgrade Water and Electric for pavilion South Harbor Uplands peripheral landscaping Medical records technology New CT scan equip. Infrastructure expansion Upgrade & Repair water intake system si CITY OF SEWARD, ALASKA RESOLUTION 2009-028 Seawater heat pump systems- heat load for air handlers and 56 ASLC Shaefermeyer pavement (slab heat) Section 2. The Seward City Council approves and directs Administration to explore the American Recovery and Reinvestment Act, signed into law on February 17, 2009, and pursue grants and loan opportunities as appropriate. 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 13`h day of April, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 52 Council Agenda Statement Meeting Date: April 13, 2009 From: City Manager. Phillip Oates ~/~/~ Agenda Item: Establishing Council Guidance and Support for the City of Seward's priorities prepared for the 2009 American Recovery and Reinvestment Act BACKGROUND & JUSTIFICATION City Manager, Phillip Oates, tasked the city administration to conduct a city task force to track the American Recovery and Reinvestment Act that was signed into law on Febnaary 17, 2009. Also known as the "economic stimulus package," this bill includes federal funds to be distributed by formula and by competitive grants that Alaskan organizations, Boroughs, cities, and villages may apply for. Most of the Act's funding is in the azeas of transportation, education, health, and energy. The City of Seward will be competing with other organizations and local governments across the nation. Projects that have already been through the federal process and have engineering and design completed, or near completion, will have a better chance of initial success for these funds. Projects that have been vetted through the public process will also have a better chance of initial success for these funds. The city manager has formed a stafftask force to follow the Act and detennnie what fizndulg may be available to the City of Seward. This task force meets once a week to share their knowledge and provide updates to all Departments. The Community Development Department is coordinating with local non-profits and the schools to be sure they are provided information quickly. The City is offering letters of support for any non-profit or school that intends to apply for stimulus funding for projects that enhance the City of Sewazd's quality of life. The City has created a master project spreadsheet (attached and updated April 13, 2009) capturing potential projects that may qualify for stimulus fiuiding. The "Stimulus Task Force" has been tasked to research potential funding sources and provide ongoing updates to determine whether or not we qualify for these fluids. The City will aggressively pursue projects on this list if funding opportunities become available, if projects can be developed timely, if deadlines are achievable, and/or if matching funds are available. It is importazit to note that many projects on this list may not qualify for funding sources but we do not want to limit our pursuit for grants. The City Council held a work on March 27, 2009 and addressed the list of projects that requires city council's continued support in order to proceed seeking and applying for grant opportunities. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: There are no direct fiscal impacts of this resolution. Each grant may or may not require matching funds, depending on the project and grant requirements. Approved by Finance Department: ~~ _ ~/;.G 53 RECOMMENDATION: Council approve Resolution 2009-~a~ ,Establishing Council Guidance and Support for the City of Seward's priorities prepared for the 2009 American Recovery and Reinvestment Act. 54 City of Seward, Alaska March 23, 2009 City Council Minutes Volume 38, Pa e CALL TO ORDER The March 23, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Clark Corbridge. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Jean Bardarson Bob Valdatta Marianna Keil Betsy Kellar Tam Smith comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHF,DULED FOR PUBLIC HEARING Ron Newcome, was concerned with any initiative that put fluoride in Seward's drinking water. He understood through a Wellness Group the administration would be relying on peer group recommendation. He did not believe %t was the city water utilities job to provide medication or treatment; but should provide good d>inking water. Newcome did not know why the city would be adding what some people saw as a poison. He thought fluoride should be an individual decision based on the recommendation by a person's health provider. He also thought there were other alternatives to assist the individuals who did not have money to pay for proper dental care. He mentioned individuals could get fluoride free from the local health nurse. After researching the pros and cons, he found that taking fluoride internally was a risky and unnecessary treatment and should be taken topically, not internally. Newcome noted if the city put fluoride in the water and took this choice away from the citizens, they would have to install unnecessary equipment in their homes to remove it. Jahn French, wished to be the city's representative on the Prince William Sound Regional Citizens Advisory Council (PWS RCAC) and supported Resolution 2009-017 on the agenda, which confirmed a two vessel escort system for tankers. This would lay the groundwork for more binding legal action to change the statutes and approaches to the escorting system. French stated the best. ss City of Seward, Alaska City Council Minutes March 23, 2009 Volume 38, Pale way to avoid oil spills was to keep the oil in the tanker. He wanted all to remain vigilant and not be complacent in regards to these procedures. Amanda Johnson, a staff member with PWS RCAC, noted the 20`~ Anniversary of the Exxon V aldez Oil Spill and cited all the precautionary measures and contingency plans that had been put in place since then. Johnson stated there would bemulti-city commemorative events in Seward, Valdez, Kenai, Anchorage and Cordova, with Seward's being held at the IMS Rae building. There would bevideo-conferencing with screen presentations, along with speakers Pam Tuomi and Darryl Schaefermeyer discussing their experiences. The public was invited. Ron Long encouraged the council to attend the Yeosu City festival in Korea. He had attended in 1996 and thought it was time for Seward to build on that sister;city relationship. He affumed that relationships were taken seriously there and expressed the city's need to reciprocate. He had attended a council meeting while there and spoke of the tiered seating with the audience looking down on the elected officials. He recommended the city send delegates to attend this great festival. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (KeiUSmith) Motion Passed Approval of Agenda and Consent Agenda Unanimous Resolution 2009-018 was removed from the consent agenda. The clerk read the following approved consent agenda items: The March 9, 2009 Regular City Council Meeting Minutes And The March 10, 2009 City Council Special Meeting Minutes Were Approved. John French- Was Re-Appointed. As The City Of Seward's Representative On The Prince William Sound Regional Citizens'- Advisory Council Board Of Directors With A Term To Expire March 2011. The Restaurant Eating Place Public Convenience Liquor License Request For Oriental Garden, And The Beverage Dispensary And Package Store Liquor License Renewal For Tony's Bar And Tony's Liquor Store Were Approved. Resolution 2009-017, Recognizing The 20`h Anniversary Of The Exxon Valdez Oil Spill, Supporting The Continued Practice Of Accompanying Each Oil Tanker Through Prince William Sound With At Least A Two Vessel Escort, And Supporting House Joint Resolution No. 19 And Senate Joint Resolution No. 11 Currently Before The Alaska Legislature. Resolution 2009-019, Authorizing The City Manager To Accept The 2008 Assistance To Firefighters Grant In The Amount Of $48,607, Plus Utilize $2,430.35 Already Budgeted As Matching Funds, For The Purchase Of New Personal Protective Equipment, Extractor, Dryer ss City of Seward, Alaska City Council Minutes March 23, 2009 Volume 38, Pa e And Station Modifications, And Appropriating Grant Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A welcome certificate was read for the Alaska Marine Safety Education Association. Sponsor Appreciation Night. A Proclamation was read for Tsunami Awareness Week. Borough Assembly Report. Borough Assembly Representative Ron Long stated he had been in Washington D.C. to present the borough priorities and legislative list.. At the March 17, 2009 meeting, the Assembly decided they had a role and confirmed the appointment of the General Services Director. At the end of the process, the applicant was accepted by the Mayor: Long stated the Borough Mayor proposed an ordinance which put a moratorium for one year on flood areas which did not get introduced. Long introduced an alternative two-step program which created a new flood area district innon-mapped areas outside the city limits, as a short term solution to avoid the unmanageable and that established a development permit requirement for in stream work for residences outside the FIRM maps. It would also establish a task force to take a more wide ranging look at rewriting the floodplain ordinance to be in sync with other subdivision and road service issues, while reducing risks for others. Long stated it was basically a consistencycheck to see if development was consistent with best management practices: Adoption was recommended by the Flood Service Area Board and the Planning Commission, and they had three hearings with the Assembly. He thought the general consensus from the public in attendance was general buy in on what was trying to be accomplished. This would be up for adoption at-the next meeting. In response to questions, Long stated it was one of the priorities of the road service area to connectQuesta Woods to Camelot: I-Ie noted the Borough only recently was given the authority to construct roads. Long noted cormecting roads were challenges the borough shared with both Homer and the Seward area. City Manager's Report. City Manager Phillip Oates stated the City of Seward was diligently working on economic stimulus by forming a task force, sharing knowledge, providing updates along with coordinating and offering letters of support to local non-profits and schools who intended to apply, enhancing the City of Seward's quality of life. Oates emphasized it was important to note that many projects listed may not qualify for funding sources. He stated grant preparation would have a very quick turn azound, and that he may need council support for additional engineering and design work to prepare for some projects. Oates advised a "Wellness For All" group comprised of health and wellness individuals from the community would meet Wednesday, March 25, 2009 from 11 am-2pm with the topics for discussion being; health and wellness awareness, smoking cessation, obesity and fluoride. He would recommend this group as a Special Ad Hoc s~ City of Seward, Alaska City Council Minutes March 23, 2009 Volume 38, Page Citizen Advisory Committee on the April 14, 2009 council agenda for approval. Oates revealed the 31d Annual Armed Forces Combat Fishing Tournament would occur May 21, 2009, with the City paying the passenger head tax for the veterans participating in this event. He thanked all those who serve in the Armed Services. Oates also stated Dean Cottle had been hired as amechanic/operator in Public Works and 7ennifer Kain would be joining the staff as an Administrative Assistant in the Harbor. Oates stated a wellness group was established after a Providence survey of which he headed the group. Four committees were established with different topics with the purpose to gather information and see what, if anything could be done to make health insurance more readily available. He noted all would be in the public process and was good for the community. • Electric Utility. Oates stated the Railbelt Utilities were making progress working through complex legislation and the generator prof ect had design changes that would be brought back to council soon. • Community Development Department. Work continued on 'updates to the zoning code, harbor code, harbor tariff and the Municipal Lands Plan with Bob Hicks. The initial update process and recommendations would begin with the Planning and Zoning Commission and include the Port and Commerce Advisory Board prior to coming before Council for adoption. This department partnered with Public Works and submitted a letter of intent to apply for a Homeland Security grant in the amount of $720,000 to pro-vide full flood mitigation for the Mill Street/Vista Avenue Area. The grant funds. obtained from the Borough for this project provided the initial engineering necessary to apply for the grant. Staff included all the potential mitigation options for the area that could completely solve any potential flood impacts. Oates stated a Floodplain Development. Permit was issued to Afognak Construction to extract gravel from Japanese. Creek on their property identified as KBP parcel #14531038. Afognak provided all the documentation necessary, including the certification required by an engineer, to provide a positive determination. • Long Term Care Facility-Seward Mountain Haven. Rumors circulating that the project was exceedingly over budget were not true. Progress was going well. The current amount of approved change- orders to UNIT amounted to $21,807,847.00, which was still $192,150.00 under the $22 million contract council approved. $128,468 of cost proposals and substitutions were still under review. Oates assured proposed changes were closely examined and scrutinized by the Project Manager. He stated future potential costs may exceed the approved $22 million contract limit by $50,000. Sidewalks had not been deleted from the project. Only a serpentine sidewalk between the Wesley Commons and the Resident Homes was deleted. • Javanese Creek levee/road access. The City of Seward received notification from DOT that constructing the Japanese Creek levee/road access to the Seward highway was approved. Full appraisals had been completed. Fair pricing on the land began the process of offering prices to the landowners. 58 Ciry of Seward, Alaska Ciry Council Minutes March 23, 2009 Volume 38, Pa e • Library. The Library Museum Building Committee was hosting a community meeting on Wednesday, March 25, 2009 from 5:30-6:30 p.m. at the library, to educate the community about an upcoming community survey to ascertain the level of support for the new facility. • Alaska Region Research Vessel (ARRV) The Request for Proposal to select a shipyard to construct the ARRV was issued on March 19, 2009 by UAF Procurement and Contract Services. Oates notified the public of vazious events this week such as the siren testing, Alaska Division of Homeland Security and Emergency Management's Quake" cottage, and the 20`s Anniversary of the Exxon Valdez Oil Spill hosted by the UAF Seward Marine Center. He also stated the legislature failed to fund the revenue sharing program. Chamber of Commerce Report. Laura Cloward stated the gray whales were migrating. She spoke of the combat fishing tournament and wanted the community to support the veterans. It appeared that smaller businesses that did not invest in marketing were showing up town 80% decline, with folks not pre-planning their trips. Airline flight$ would play a key role. Cloward explained that all four borough communities were represented on the Kenai Peninsula Tourism Marketing Council. She noted it was important to invest to bring visitors to Seward. She also explained that marketing money also supported the year round businesses such as web designers, printers, truckers, etc. Other Reports, Special Presentations ..Io47.. t'~ wiarc[rtxvrzr A Report was :given by Jeff Bellinger of the ADF&G on Hunting and Firearms use within the city limits, and how the community could assist in limiting its contact with bears and regulate the hunting in their areas. Council took recess 8:40 p;m. Council'reconvened at 8:45 p.m. NEW BUSINESS Ordinance For Introduction Ordinance 2009-003. Amending The Seward City Code To Permit The Use Of Firearms And Bows In Designated Areas In Accordance With State Requirements, And To Amend Ordinances Relating To Trapping And Use Of Weapons Within The City. (Introduced and set for public hearing 4/13/09) Motion (Bardarson/Smith) Introduce Ordinance 2009-003 Oates stated there was no policy and wanted to have public conversation to see if some ss City of Seward, Alaska City Council Minutes March 23, 2009 Volume 38, Page controls could be put around the issue of hunting and discharging firearms within the city limits. There were a lot of bears in town last year and a lot of incidents. Keil asked questions on who would be eligible for permits and how would it be controlled. Police Chief Tom Clemons stated there would be safe areas designated within the city limits. People would have to get a hunting license. He stated with state regulations, the city could not now control where people hunt, but could control the discharge of fuearms within the city's boundary. He reported the police department had 183 bear complaints they responded to last year. He hoped this ordinance would make it safer for the community and thought it was awin-win situation if done right. Clemons explained a resolution with the designated areas would be coming before the council at the next meeting also. Smith voiced his concerns with discharging firearms within the community, Motion Passed and Introduced Unanimous. Resolutions Resolution 2009-016, Authorizing The City Manager To Negotiate A Contract With Harmon Construction For The Construction Of The Adams Street Waterfront Pavilion For $312,000, Plus Authorizing Additional Project-Related Costs Of $33,000, And Appropriating Funds. (Laydown) Motion (Keil/Bardarson) Approve Kesolution 2009-016 Oates stated after review with the city attorney, he had a laydown version that had added an additional whereas and changed some'language, and asked for a special meeting on Friday to give the administration time to prepare the contract for final approval. Oates reminded council of the pavilion process, on how the cost was too high, that there had only been one bidder, and how it had been value engineered twice. Since that time, the State of Alaska had given $195,000, and the Alaska Sealife Center would donate $150,000. Oates informed that no more money was needed and announced the staff had been overcome by prof ects on their plates. He stated through a labor of love, Harmon Construction had hired their own architect and was still the lowest bidder. 13ardarson thought it would be a good idea for the city to contact the party who this pavilion would be named after to see if they had money to donate. Motion Passed Unanimous Resolution 2009-018, Opposing The Passage Of Senate Bill 129 G°An Act Relating To State And Municipal Building Code Requirements For Fire Sprinkler Systems In Certain Residential Buildings". Motion (Bardarson/Dunham) Approve Resolution 2009-018 60 Ciry of Seward, Alaska Ciry Council Minutes March 23, 2009 Volume 38, Pa e costs home buyers, it could prevent some residential homes from being constructed because of the large Fire Chief David Squires stated this bill took away a valuable tool for the city plus increased Tanker support would have to be added and more manpower, but more importantly for new debt it would cost. It also took away the City's ability to assist some home buyers with their costs and construction. Squires did not know the purpose from the sponsoring Senator. Dunham wanted this pulled from the consent agenda because he did not like to oppose abill without having discussion on it. He noted AML was opposed also, Motion Passed Unanimous OTHER NEW BUSINESS Council Accepted the Letter of Invitation by the Mayor of Yeosu City, Korea to Attend Their Great Turtle Ship Festival May 2 To 5, 2009. Motion(Corbridge/Smith) Accept. the Invitation from Mayor of Yeosu City Korea to attend their festival and send up to 5 delegates; Vice-Mayor Dunham, a member from Usibelli, a member from the ARR, city employee Mike Meeks and a teacher. $2,000 was appropriated from the city council promotions account to cover the cost of the Vice-Mayor's Air transportation costs. Motion Approved Unanimous Council Approved Sending Councilmember Kellar To The NLC Conference In Ohio, June 28-30,2009: Motion (Corbridge/Bandarson) Motion Approved Approve sending Councilmember Betsy Kellar to the National League of Cities Conference in Ohio in June 2009 and appropriate $2,200 for Roundtrip travel. Unanimous INFORMATIONAL ITEMS AND REPORTS (No action required A year end report was submitted for Seward Parks and Recreation. A Schedule of dates was given for PACAB's 2009 Quarterly Reports to Council. 4`~ Quarter Sales Tax Information. Work Sessions Scheduled 61 City of Seward, Alaska City Council Minutes March 23, 2009 Volume 38, Page COU1V'CIL COMMENTS - Kellar mentioned she had taken a flight from Chicago to Anchorage and found an article about the Seward high school basketball team and she stated she was proud of the youth. She appreciated the support from the community and was very proud to live here and be a part of this community. Bardarson commended Christy Terry and her staff on the monitoring. of Long Term Care Facility Project. She thanked businesses for sponsoring the combat fishing tournament which promoted Seward. Dunham congratulated the Seahawks on their basketball season. He thanked all volunteers and businesses that had given so much to the community. He mentioned he would-love to respond to the woman who had questions on the Boys and Girls Club,:but did not have her phone number, so advised her to call him again. Dunham reported a stimulus veto by the Governor was tomorrow, and that the Small Business Administration had funds to assist small businesses. He was dismayed the Governor had also turned down the unemployment insurance, and wanted people to comment to her. He stated the ARRV shipyard request should be out in September and the ship had been lengthened. He thought the council members should assist and be program spokesmen for the economic forum and lastly, thanked the wellness people for their research. Smith thanked all the sponsors in the Parks & Recreation Appreciation Award and all the sponsors and businesses who assist with the veteran combat fishing tournament. Smith stated these people and businesses gave a lot Arid gave often. He was amazed how much cormnuniry support was generated. Keil asked for an update on the Statehood Symposium in May. She too, thanked the sponsors and wanted the council to monitor the expenses carefully throughout the year with a 30% decrease sales tax in revenue predicted. Corbridge stated the fluoride issue would be a very public process and he wanted the vituperative comments to seize because they were inappropriate. He stated the clerk was caught in the middle and the victim of -the crossfire and urged people to ease up a little. CITIZENS' COMMENTS John French was glad Council Member Kellar would be going to the National League of Cities Conference (NLC). French had concerns and noted there were other communities and entities wanting to homeport the ARRV. He stressed how important it was to keep that vessel stationed in Seward. He also had grave concerns with hunting in the city. He appreciated the Police Chief clarifying the usage of firearms and other weapons within the city, but felt strongly about having hunting areas within the city. French knew of three people who died from hunting accidents. He wanted the city to take a serious look at this and fix only what needed fixing. He thought it was a bad idea. sz City of Seward, Alaska March 23, 2009 City Council Minutes Volume 38, Pa e Cheryl Brooking stated a written report was presented and would be distributed by the city clerk. She wanted to inform the council of another aspect of the stimulus bill which had provisions for municipal bonds. Congress created "Buy America" bonds, which were only good for two years and came in two types. First, bonds must be for tax exempt debt If qualified, a taxable "Buy America" bond could be issued which provided tax credits. The second type provided a federal subsidy with the government paying 35% of the payment. Brooking stated these had a short time frame, were brand new and she wanted the council to know about it. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Dunham clarified his comments on the MAP program. Smith stated in the past, there had been a lot of pressure on the Dean of the University to put a MAP agent in Seward, but could never get it passed. He thought Seward was the appropriate place because of all the marine infrastructure in place here. Keil had also lost a classmate who was mistaken for a bear on a clear trail. She was very sensitive to the issue of hunting within the city and appreciated. Mr. French's comments. ADJOURNMENT The meeting was adjourned at 10:12 p.m. Jean Lewis, CMC City Clerk (City Seal) Clark Corbridge Mayor 63 Ciry of Seward, Alaska City Council Minutes March 27, 2009 Volume 38, Page CALL TO ORDER The March 27, 2009 special meeting of the Seward City Council was called to order at 6:15 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Willard Dunham presiding and Bob Valdatta Betsy Kellar comprising a quorum of the Coun~11; and Phillip Oates, City Manager;,. Jean Lewis, City Clerk Johanna Dollerhide, Assistant Ciry Cle~~ ABSENT -Clark Corbridge ; CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING -None.``` APPROV Approval of Agenda and Consent Agenda Motion Passed _ Unanimous NEW Resolution 2009-U20r~Au_ thorizing The City Manager To Enter Into A Contract With Harmon Construction For The Construction Of The Adams Street Pavilion For $312,000, Plus Authorizing Additional Project-Related Costs Of $33,000, And Appropriating Funds. Motion (Kellar/Bardarson) tonight. Approve Resolution 2009-020 Oates stated the contract for the pavilions had been negotiated and recommended approval sa City of Seward, Alaska March 27, 2009 City Council Minutes Volume 38, Pa e Keil said it was nice this project was moving forward. Oates stated there was a contingency for electrical upgrades. Council expressed a desire to add water as well. Terry said this contract did not include water at this time. Kellar thought they did a good job covering the details at the previous meeting on this subject. Oates stated Harmon Construction would be contracted to install electrical if asked. Motion Passed Unanimous .. COUNCIL COMMENTS Keil thanked their staff and the presentation gwen at the work doing on this economic stimulus package. Valdatta had comments on Chugach Power. Kellar echoed Keil's comments °on the stimulus amount of work ahead of the staff was corrrmisrtdahle_ Dunham thanked the staff for their should probably take a positgn, on SB 166 all of their work Bardarson concurred. The stimulus bill. He felt the city 1 the Alaska Railroad. Oates stated tktere was an avalanche today"ghat cut off the highway. The road had since re- opened. Staff found out today that fi3e bridge workxi, April would close the road for a number of days and Oates read the pol~ic anngtic~r~ent. A DF1T person would be coming down to Seward to explain this pzoces . The meeting would oceu~We~nesday at 3:00 p.m. in the council chambers, and he encouraged"counerl and the public to attend fo voice any concerns or questions. Oates also gave an update ion Mt. Redoull~bthe crty^iad a fight dusting of ash, but the weather report indicated it would b~~trace amount T~tere had be'em=11 major events over the last week, and it was anticipated that it coul~be active for the next few`m~nthc CITIZENS' COUNCIL AND ADI~IINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned at 6:36 p.m. Jean Lewis, CMC City Clerk (City Seal) Clark Corbridge Mayor 65 CITY OF SEWARD Budgeted Summary Revenue and ExpenselExpenditure by Fund For the Month Ending January 31, 2009 (Through January, 8.3 % of the year has expired) Through January Annual Actual YTO Butlget Annual % of 2808 2809 Variance Butlget Variance Budget Budget Revenue General Fund $ 400,854 $ 181,766 $ (219,088) $ 807,548 $ (625,782) $ 9,690,571 1.9% Small Boat Harbor Enterprise Fund $ 213,594 $ 197,880 $ (15,714) $ 225,119 $ (27,238) $ 2,701,425 7.3% S. M.I.C. Enterprise Fund $ 57,908 $ 62,921 $ 5,013 $ 69,632 $ (6,711) $ 835,587 7.5% Electric Fund $ 792,285 $ 868,413 $ 76,129 $ 855,385 $ 13,028 $ 10,264,620 8.5% Water Enterprise Fund $ 59,769 $ 60,378 $ 609 $ 99,476 $ (39,098) $ 1,193,717 5.1 Wastewater Enterprise Fund $ 76,492 $ 78,445 $ 1,953 $ 86,343 $ (7,898) $ 1,036,111 7.6% Expenses General Fund General Government Mayor and Council $ 33,454 $ 15,628 $ (17,826) $ 29,528 $ 13,900 $ 354,336 4.4% General Fund Legal 8,981 7,456 (1,525) $ 11,250 3,794 135,000 5.5% City Manager 55,481 102,771 47,290 $ 85,718 (17,052) 1,028,621 10.0% City Clerk 18,141 25,458 7,318 $ 21,249 (4,209) 254,992 10.0% Finance Administration 58,735 76,689 17,954 $ 58,021 (18,668) 696,253 11.0% General Services 10,267 4,975 (5,291) $ 9,572 4,596 114,858 4.3% Contributions 16,800 - (16,800) $ 23,465 23,465 281,581 0.0% Total General Government $ 201,858 $ 232,977 $ 31,120 $ 238,803 $ 5,826 $ 2,865,641 8.1% Public Safety Police Department 185,910 246,417 60,507 $ 198,526 (47,892) 2,382,308 10.3% Fire Department 47,520 55,061 7,541 $ 47,070 (7,991) 564,843 9.7% Engineering 5,939 5,516 (422) $ 47,070 41,554 564,843 1.0% Building Inspection 8,064 10,079 2,015 $ 14,982 4,903 179,789 5.6% Total Public Safety $ 247,433 $ 317,074 $ 69,641 $ 307,649 $ (9,425) $ 3,691,783 8.6% Public Works Roads and Streets 99,478 79,264 (20,213) $ 84,128 4,864 1,009,537 7.9% City Shop 17,283 28,382 11,099 $ 23,942 (4,440) 287,308 9.9% Municipal Building 25,592 25,470 (122) $ 24,115 (1,354) 289,385 8.8% Total Public Works $ 142,353 $ 133,116 $ (9,236) $ 132,186 $ (931) $ 1,586,230 8.4% Parks & Recreation $ 84,977 $ 88,708 $ 3,730 $ 103,012 $ 14,305 ~ $ 1,236,146 7.2% Library $ 33,824 $ 42,543 $ 8,719 $ 35,246 $ (7,297) $ 422,949 10.1% Deb[Service $ 81,546 $ 48,367 $ (33,179) $ 57,256 $ 8,889 $ 687,074 7.0% Total General Fund $ 791,990 $ 662,785 $ 70,794 $ 874,152 $ 11,367 $ 10,489,823 8.2% Small Boat Harbor Enterprise Fund $ 230,041 $ 228,151 $ (1,890) $ 305,113 $ (228,151) $ 3,661,358 6.2% Parking Enterprise Fund $ 4,026 $ 2,483 $ (1,542) $ 41,327 $ (2,483) $ 495,919 0.5% S.M.I.C. Enterprise Fund $ 86,876 $ 75,211 $ (11,665) $ 92,784 $ (75,211) $ 1,113,412 6.8% Electric Fund $ 374,730 $ 788,878 $ 414,148 $ 821,094 $ (768,878) $ 9,853,127 8.0% Water Enterprise Fund $ 71,408 $ 58,773 $ (86,572) $ 110,845 $ 15,164 $ 1,330,139 4.4% Wastewater Enterprise Fund $ 61,104 $ 56,033 $ (5,071) $ 86,995 $ (56,033) $ 1,043,939 5.4% Monthly_REVEXP_Summary.xls 66 ' 67 ' 4/7/2D09 11:18 AM May ~OO~ May 2009 June 2009 S M T W T F S S M T W-T F S 1'2 1 2 3 4 5 6 3 4 5 6 7$ 9 7$ 9'10'111213' 10 11 12 13 14 15 16 14 15 1617 18 19 20 i7 18 19'20 21 22.23 21 22 23 34 25 26 27 24 25 26 27 28 29:30 28 29 30 31 Wednesday Thursday Friday Monday _ Tuesday r ~- >: - - 'I Ma - - i , -- _ - - _ - - --- -- - - -- 4. - Si r r _ _ 71 - ~ - -- - - --- - KPB _ _ _~i, i 12:OOpm PACAB Meeting ~ 7:30pm P&Z Meeting - -- - ~ __ ~ _ i 11. _____ _ 12J - 14 -13 -- 1 ~ 6:OOpm SMIC Feasibility i 11:30am , Study with PACAB 7:OOpm City Council Meeting - -- --- - ~ ' - --- i 18 -- 19 , - ~ 20 _ 21 i 2 !! 6:30pm ;, ~ 12:OOpm T U' 9:OOam: Social Security Lyra, Rep 6:30pm Historic Preservation Meeting i 26 ~ - 26, - 27i 28 - 2 7[OOpm City Council 6:OOpm CC WS Budget ?, Meeting Close Out With Auditors ~ 4J/JLUU7 11:1iS AM Nanci Richey 68