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HomeMy WebLinkAboutRes1990-105 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 90-105 OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY SEWARD, ALASKA, ADOPTING SMALL BOAT HARBOR TARIFF NO.1, NAMING RULES, CHARGES AND REGULATIONS FOR THE CITY OF SEWARD CITY DOCKS AND TERMINAL FACILITIES WHEREAS, it is appropriate to enact rules and regulations to control the increased commercial activity at harbor, port and terminal facilities owned and operated by the City of Seward; and WHEREAS, Sections 7.10.510 and 7.10.515 of the Seward City Code provide for the setting of charges and fees for the use of harbor facilities and services by Council resolution; and WHEREAS, publication of a general tariff is required by the Federal Maritime Commission (FMC); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: City of Seward Small Boat Harbor Tariff No. 1 as and incorporated herein is hereby adopted by the Section 1. attached hereto City of Seward. Section 2. The Tariff adopted hereby shall be posted and published pursuant to the provisions of Section 2.15.035(D) and shall become effective ten days following council approval, pursuant to Section 2.15.050(C)2. PASSED AND APPROVED by the City Council of the city of Seward, Alaska this 24th day of September, 1990. THE CITY OF SEWARD, ALASKA ~'~J .Sl~~ · M~chael J. Meeh n, Act~ng Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Dunham, Meehan, Sieminski and Simutis None Hilton, Noll None -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-105 ATTEST: . . (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ (lf~ Fred B. rv~dson City Attorney -2- . . . Original Title Page CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Naming Rates, Charges, Rules, and Regulations for City of Seward City Docks and Terminal Facilities Located at The Small Boat Harbor Seward, Alaska Issued By City of Seward P. 0, Box 167 Seward, Alaska 99664 ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 1 CHECK SHEET FOR TARIFF REVISIONS Changes in this tariff will be supplied from time to time in looseleaf form, Upon receipt of revised or additional pages correction numbers appearing at the bottom left margin of each such page should be checked off against correction number listed below. If all corrections are correctly checked on receipt, checks should be consecutive with no omissions. Should interruption in sequence be noted, request for missing corrections may be directed to the city clerk. Correction Page Correction Page Correction Page Correction Page Number No. Number No. Number No. Number No. 1 13 16 31 46 2 34 17 32 47 3 35 18 33 48 4 19 34 49 5 20 35 50 6 21 36 51 7 22 37 52 8 23 38 53 9 24 39 54 10 25 40 55 11 26 41 56 12 27 42 57 13 27 43 58 14 29 44 59 15 30 45 60 ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 TABLE OF CONTENTS Check Sheet for Tariff Revisions Table of Contents Explanation of Abbreviations Which Appear in Tariff . , , . . . . , . , . SECTION I - GENERAL RULES AND REGULATIONS Notice to Public Definitions - General Application of Tariff Application of Rates Insurance Responsibility for Charges, Collection and Guarantee of Charge Liability for Loss or Damage and Indemnity, Rights of City of Seward Shippers Requests and Complaints Delays - No Waiver of Charges Manifests Required of Vessels Berthing, Safety, Sanitation and Housekeeping Responsibility for Property Damage Bulk Petroleum Products SECTION II - DEFINITIONS AND CHARGES Wharfage Wharf Demurrage Travelift Travelift Fees Upland Storage Tidal Grid Handling, Loading and Unloading Service Charges Passenger Fees Original Page 2 Subsection Paqe N/A N/A 1 2 N/A 3 100 105 110 115 120 4 5 7 9 10 11 125 130 135 140 145 150 155 160 165 13 15 19 20 21 22 28 30 31 210 215 220 225 230 235 240 245 250 32 34 36 38 39 41 42 43 46 SECTION III - CONDITIONS OF DOCKING AND FACILITY USE Vessel Berthing Application Supplement to Vessel Application Conditions of Berthing ISSUED: 09/24/90 300 305 310 47 48 50 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 B,M, Bbl. Bdl. Cs. C.L, Cu.Ft. Dkg. Ea. F.F, F.M.C. Gals, Hdlg, Inc. K.D. K,D.F. L.C,L. Ldg. Lgth, M.B,M. Meas. Original Page 3 EXPLANATION OF ABBREVIATIONS AND CHARACTERS WHICH MAY APPEAR IN TARIFF Board Measure Barrel Bundle Case;ctn-carton;crt-crate Carload Cubic Foot or Feet Dockage Each Folded Flat Federal Maritime Commission Gallons Handling Including, Inclusive or Incorporated Knocked Down Knocked Down Flat Less Than Carload Loading Length 1,000 Ft. Board Measure Measurement ISSUED: 09/24/90 Min. Misc. M.T. No. N,O,S. Par. Pkg, S.U. Sq.Ft, Stg, Term'l. Unldg. U.S. W,T, W/M W,R, Yd, Minimum Miscellaneous Cubic Ton of 40 cu. ft. Number Not otherwise specified herein Paragraph Package Set-Up Square Foot or Feet Storage Terminal Unloading United States of America Weight ton of 2,000 pounds Weight ton of 2,000 pounds or cubic ton of 40 cu. ft. Warehouse Receipt Yard EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 4 SECTION I GENERAL RULES AND REGULATIONS NOTICE TO PUBLIC This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees and carriers, that the rates, rules and charges apply to all traffic for which contract rates have not been arranged In addition to this Small Boat Harbor Tariff, the public, shippers, consignees and carriers using City of Seward facilities should consult and be aware that the City of Seward Code of Ordinances, including, but not limited to, Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities including Garbage, Refuse, Water, Electricity and Sewage) and Chapter 7.10 (Ports and Harbors) all as amended apply and govern where not specifically provided otherwise in this tariff, Also, the City has adopted, and reserves the right to adopt specific tariffs governing particular marine-related facilities operated by the City of Seward, In parti- cular, the City of Seward General Terminal Tariff No.1 issued 2/1/90 and Seward Marine Industrial Center Shiplift System Tariff No. 1 as amended by Amendment No. 1 issued 4/9/90 apply to certain facilities in Seward. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 5 Subsection DEFINITIONS - GENERAL (a) DEFINITIONS OF FEDERAL MARITIME COMMISSION MAY CONTROL: 100 Unless provided in this tariff, applicable definitions set forth in 46 C.F,R, ~ 515.6 shall control. (b) CITY DOCKS: The City Docks of the City of Seward include all docks, floats, slips, wharves, ramps, piers, bulkheads, and sea walls owned or operated by the City of Seward. (c) FLOAT; FLOAT SYSTEM: Those portions of the City Docks located within the Small Boat Harbor that rise and fall with the tide including the pilings, ramps, ladders, and utility connections. (d) HOLIDAYS: Whenever in this tariff reference is made to holidays the following days are included: New Year's Day, Washington's Birthday, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans' Day, Thanksgiving Day and the day immediately following Thanksgiving Day, one-half of the working day immediately preceding Christmas Day and Christmas Day. When a holiday falls on a Saturday, the preceding Friday shall be considered a holiday and when a holiday falls on a Sunday, the following Monday will be considered a holiday for the purpose of this tariff, (e) POINT OF REST: Point of Rest is defined as that area on the terminal facility which is assigned for the receipt of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and that area which is assigned for the receipt of outbound cargo from shippers for vessel loading. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1 Original Page 6 DEFINITIONS - GENERAL (CONTINUED) (f) SLIP: A berthing location within the float system of the Small Boat Harbor, A slip does not include the float or finger of the float; only the space between or adjacent to it. (g) TERMINAL FACILITIES: Terminal Facilities include all city docks and associated equipment, offices, warehouses, storage space, roads, paved areas, water banks and shorelines under the management and control of the City of Seward, (h) "VESSEL" DEFINED: Whenever in this tariff reference is made to a "vessel" the term shall mean any ship or barge, self-propelled or other than self-propelled. ISSUED: 09/24/90 Subsection 100 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 7 APPLICATION OF TARIFF (a) GENERAL APPLICATION OF TARIFF: Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdictional control of the City of Seward and located within the harbor bounded by the rubble breakwater at the North- western head of Resurrection Bay (Small Boat Harbor) under the jurisdiction and control of the City of Seward, and specifically to Municipal Docks, appurtenant structures thereto and waterways under the management of the City of Seward, However, the rates, charges, rules and regulations herein do not apply to the facilities outside the Small Boat Harbor and covered by the City of Seward General Terminal Tariff No. 1 issued 2/1/90 and the Seward Marine Industrial Center Ship1ift System Tariff No.1 as amended by Amendment No, 1 issued 4/9/90. Rates, charges, rules and regulations for facilities outside the Small Boat Harbor and for the Ship1ift are covered by separate tariffs, Special terms and conditions exist for the Fourth Avenue Dock operations by the State of Alaska, Alaska Marine Highway System for operations of the State Ferry System, (b) TARIFF EFFECTIVE: Rates, charges, rules and regulations named in this tariff and any additions, revisions, or supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to this tariff on and after revisions, or supplements thereto. Unless otherwise specified all transit freight received at terminals and undelivered prior to effective dates of tariff, revisions, or supplements thereto, shall be charged the rates in effect on the date such freight was received until entire lot or shipment has been withdrawn. ISSUED: 09/24/90 Subsection 105 EFFECTIVE: 10/01/90 CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 8 . Subsection . . APPLICATION OF TARIFF (CONTINUED) 105 (c) ACCEPTANCE OF TARIFF: Use of the city docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (d) RESERVATION OF AGREEMENT RIGHTS: Right is reserved by the City of Seward to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such agreements are consistent with existing local, state and federal law governing the civil and business rela- tions of all parties concerned. (e) COMPLIANCE WITH CONDITIONS OF DOCKING AND FACILITY USE: Use of city docks and terminal facilities and the acceptance of services shall comply with any additional Conditions of Docking and Facility Use set forth in Section III contained herein. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1 Original Page 9 Subsection APPLICATION OF RATES 110 Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40 cubic feet as rated by ocean carrier, or per 1,000 feet board measure, or 42 gallons per barrel of bulk petroleum products corrected to 600 F, net, or 376 1bs. per barrel of bulk cement. Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not provided for specific commodities, rates to be applied are those established for "Freight N.O,S." ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 10 INSURANCE Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the city docks or terminal facilities, If the City does acquire any such insurance, the charges for that insurance shall be in addition to the dockage and wharfage fees described in this tariff. ISSUED: 09/24/90 Subsection 115 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 11 Subsection RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 120 (a) RESPONSIBILITY FOR CHARGES: The vessel, its owner or agents, shippers or consignees, and the owner of cargo on the vessel shall be jointly and severally responsible for payment of charges named herein and such payment responsibility applies without regard to the provisions of bills of lading, charter party agreements, contracts or other conflicting provisions. (b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPTABLE SECURITY, REFUND OF EXCESS: All charges for services rendered by the City of Seward for the use of docks and other terminal facilities are due and payable in cash in advance of such services or use, as follows: (1) For all charges attributable to the vessel, from its owners or agents, before a vessel commences its loading or discharging, (2) For all charges attributable to the cargo, from a vessel owner, charterer, shipper or consignee, before the cargo leaves the city docks or terminal facilities. (3) For all charges on perishable goods or freight of doubtful value, or household goods. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 12 Subsection RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 120 (CONTINUED) (c) WAIVER OF PREPAYMENT REQUIREMENT: The Harbormaster, in his sole discretion, may waive the cash-in-advance requirement as to all or any category or categories of its anticipated terminal charges when the party responsible for such charges has been identified to the satisfaction of the Harbormaster and: (1) That party responsible has established credit worthiness acceptable to the Harbormaster; or (2) Adequate security, acceptable to the Harbormaster, has been posted; or (3) The agent requesting terminal services or use or any another entity acceptable to the Harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges. The Harbormaster retains the right in his sole discretion to determine whether a responsible party or an agent is credit worthy. (d) CHARGES ON DELINQUENT ACCOUNTS: All invoices, except for damages to City of Seward property, will be declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of 10.5% per annum. All extra expense, including legal expense, litigation cost, or costs of agents employed to effect collection shall also be assessed to, and payable by, such accounts. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1 Original Page 13 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (a) RESPONSIBILITY LIMITED: No persons other than employees of the holders of author- ized Terminal Use Permits shall be permitted to perform any services on the wharves or docks, or in any other terminal facility of the City of Seward, except upon written authorization of the Harbormaster. The City of Seward, its employees and agents, shall not be liable for the injury of persons on City docks, or terminal facilities, nor shall they be liable for any loss, damage or theft occasioned by such persons' presence on the City docks, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. The City of Seward, its employees and agents, are not responsible for loss or damage caused by fire, frost, heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage, or decay, animals, rats, mice or other rodents, moths, weevil or other insects, leakage or discharge from fire protection systems, collapse of buildings or structures, breakdown of plant protection systems, breakdown of plant or machinery or equipment, or by floats or logs, piling or camel logs required in breasting vessels away from wharf; nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor, combin- ations, riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. ISSUED: 09/24/90 Subsection 125 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 14 Subsection LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) 125 (b) INDEMNITY: User, vessel, vessel owner and its agents, shippers or consignees shall indemnify and hold harmless the City of Seward against any and all claims arising from any breach or default in performance of any obligation to such parties to be performed under the terms of this tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim, action or proceeding brought against the City of Seward except only for those caused by the City's own negligence. (c) OWNERS RISK: All of the following shall be at the owner's risk except for those damages caused by the City's own negligence: (1) Glass, liquids, and fragile articles will be accepted only at owner's risk for breakage, leakage or chafing. (2) Freight on open ground is at owner's risk for loss or damage, (3) Freight subject to freezing will be accepted only at owner's risk. (4) All water craft if and when permitted by the Harbormaster or his authorized agent to be moored at wharves or alongside of vessels, are at owner's risk for loss or damage. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 15 RIGHTS OF CITY OF SEWARD Without in any way limiting the general authority of the City of Seward, the City shall have the following powers: (a) ACCESS TO HARBOR OR PORT FACILITIES: The City shall at all times have the right to refuse access to any city dock or terminal facility by any person equipment, materials or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, This right shall be reserved at all times to the City without responsibility for demurrage, loss or damage when (1) Previous arrangements for berthing, space, receiving or unloading have not been made with the Harbormaster. (2) The vessel is unsafe or hazardous and may pose a risk to life or property. (3) The value of the vessel, in the opinion of the Harbormaster is less than the probable service charges and other charges related to its use of the city dock or terminal facilities, (4) During periods of congestion, or in cases of emergency, when, in the judgment of the harbor- master, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them from providing customary services to the public. (b) RIGHT TO REFUSE CARGO: In his discretion the Harbormaster shall at all times have the right to refuse to accept, receive, or unload or permit a vessel to discharge: (1) Cargo for which previous arrangements for space, receiving, unloading or handling have not been made with the Harbormaster by shipper, consignee or vessel, (2) Cargo not suitably packed for safe transportation. Subsection 130 ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 16 Subsection --- RIGHTS OF CITY OF .S;;~~gl).{C;ONTXNUED) 130 (3) Cargo deemed by the Harborma8ter. in the reasonable exercise of his discretion. that is offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 CFR ?arts 171-179). (4) Cargo, the value of which may. in the opinion of the Harbormaster be less than the probable service charges and other charges related to it. (5) Cargo, dur ing a per iod of congesti on, or in cases of emergency, when, in the judqmm; l of the Harbormaster, the circumstances theu prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them from providing customary service to the public. (c) RIGHT TO SCHEDULE VESSELS AND CARGO: In his discretion the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. (d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO: (1) Hazardous or offensive carqo. In his discretion, the Harbormaster shall at all times have the right to immediately remove all hazardous or offensive cargo, or cargo, which by its nature, is liable to damage other cargo or city dock or terminal facilities. The cargo may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the owner, shipper, or consignee. (2) Carqo beyond free time. Any cargo rema1n1ng on city dock or terminal facilities after expiration of any applicable free time, may be removed to public or private warehouses, with all expense or removal and risk of loss or damage to be for account of the owner, shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 17 RIGHTS OF CITY OF SEWARD (CONTINUED) (e) RIGHT TO WITHHOLD DELIVERY OF FREIGHT: Right is reserved by the City of Seward to withhold delivery of freight until all accrued charges and/or advances against said freight have been paid in full. At the Harbormaster's discretion, any or all of such freight may be placed in public or private warehouse with all cost of removal and subsequent handling and storage for the account of the owner of the freight. (f) RIGHT TO SELL FOR UNPAID CHARGES: Freight on which unpaid terminal charges have accrued may be sold to satisfy such charges and costs, pro- vided such sale has been publicly advertised. Freight of a perishable nature or of a nature liable to damage other freight may be sold at public or private sale without advertising, providing owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so with a prescribed reasonable time. (g) EXPLOSIVES: The City of Seward shall not allow the acceptance, handling, or storage of explosives within the confines of the Seward Small Boat Harbor. (h) RIGHT TO REMOVE, TRANSFER, OR REARRANGE VESSELS: (1) Hazardous vessels or vessels with hazardous carqo. In his discretion, the Harbormaster shall at all times have the right to immed- iately remove any hazardous or offensive vessel, or any vessel containing hazardous cargo, or any vessel or one containing cargo, which by its nature, is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the owner, shipper, vessel or consignee, ISSUED: 09/24/90 Subsection 130 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 18 RIGHTS OF CITY OF SEWARD (CONTINUED) (2) Vessel beyond free time, Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time, may be removed to any other public or private facility, with all expense or removal and risk of loss or damage to be for account of the owner, shipper, consignee, or vessel. (3) Movement of vessels to reduce conqestion, or maximize services, In his discretion, the harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public, (i) RIGHT TO REMOVE MATERIALS OR EQUIPMENT FROM CITY DOCK OR TERMINAL FACILITIES: Any materials, equipment, trash, or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any time with all expense or removal and risk of loss or damage for the account of the vessel that last occupied the facility or the owner, shipper or consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. ISSUED: 09/24/90 Subsection 130 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 19 subsectio~ REQUESTS AND COMPLAINTS 135 Requests and complaints may be made by any shipper, vessel, or vessel agent by filing a written state- ment with the Harbormaster, City of Seward, P,O, Box 167, Seward, Alaska 99664. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 20 Subsection DELAYS - NO WAIVER OF CHARGES 140 Delays which may be occasioned in loading, unloading, receiving or delivering freight or the berthing of vessels as a result of harbor congestion, equipment failure or breakdown or of combinations, riots or strikes of any persons in the employ of the City of Seward or others, or arising from any other cause not reasonably within the control of the City of Seward, will not excuse the owners, shippers, con- signees or carriers of the freight or vessel from full wharf demurrage, berthing or other terminal charges or expenses which may be incurred under conditions stated herein, ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 21 Subsection MANIFESTS REQUIRED OF VESSELS 145 Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels' manifests showing names of con- signees or consignors and the weights or measurements of all freight loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified as correct by an author- ized official of the company and must also designate the basis weight or measurement on which ocean freight was assessed, In lieu of manifests, freight bills containing all information as required above may be accepted. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 22 Subsection BERTHING 150 (a) ASSIGNMENT OF BERTHS: The Small Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster, Berth assignments are made to a particular combination vessel and owner/operator, are not assignable by the owner/ operator and automatically expire upon sale or transfer of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities, it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor, (b) PREFERENCE TO RESERVED DOCK USE: The City Docks in the Small Boat Harbor include those adjacent to Seward Fisheries', Inc" on-shore facilities including the "T Dock". At the City Dock priority is given to dock use reserved in advance with the Harbormaster. The dock constructed is to be used first for receiving and delivery of fish and fish products to Seward Fisheries, Inc. 's, on-shore facilities, Reservations remain effective if such use begins within 24-hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 23 BERTHING (CONTINUED) (c) WAITING LIST FOR PERMANENT SLIP ASSIGNMENT: Due to the scarcity of slips on the City of Seward float system, vessels will be assigned permanent slips based on waiting lists maintained by the Harbor- master's office, Separate waiting lists shall be maintained for the following size floats: 17 feet 23 feet 32 feet 40 feet 50 feet 75 feet Assignments to a permanent slip from the waiting lists shall be made in January each year by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of $20.00 per year per listing upon the waiting list(s) for a permanent slip assignment, (d) PERMANENT SLIP ASSIGNMENTS: (a) The Harbormaster may assign a specific slip on the City of Seward float system within the small boat harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Small Boat Harbor a permanently assigned slip may be assigned to a transient vessel when the owner/vessel is out of the harbor, (4) Upon the return of the permanently assigned vessel to the Small Boat Harbor, (provided proper notifications are given, and based on harbor congestion and ,the difficulties involved in moving vessels) the Harbormaster will attempt to rearrange vessels so a vessel with a permanent slip assignment may berth at that assigned slip. Subsection 150 ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 24 BERTHING (CONTINUED) (5) A vessel assigned a permanent slip assignment should notify the Harbormaster when departing the harbor for more than 5 days, If away from Seward for more than 5 days, a permanently assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Small Boat Harbor. (e) PERMANENT AND TEMPORARY (TRANSIENT) SLIP ASSIGNMENTS: There are two types of slip assignments at the City of Seward Small Boat Harbor, The first is a permanently assigned slip and the second is a transient slip. Slips that are permanently assigned to a boat/owner may be used for transient moorage when the permanently assigned vessel is away from the slip. (f) NOTICE UPON ARRIVAL: All vessels should notify the Seward Small Boat Harbor office, prior to arrival, Those vessels who have received permanently assigned slips should notify the Harbormaster's office 24 hours prior to expected arrival to allow the harbor staff to free the slip, If, despite reasonable efforts, the Harbormaster is unable to clear a permanently assigned slip due to congestion, high winds, or safety considerations, a vessel with a permanently assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Small Boat Harbor which have not, for any reason, received a berthing assignment by radio contact or otherwise, shall be restricted to the following areas: X Float South side of F Float K Float L Float City Dock If, as is frequently the case during periods of congestion, all the above berths are full, a vessel is permitted to raft to a vessel already berthed, ISSUED: 09/24/90 Subsection 150 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 25 BERTHING (CONTINUED) (g) VESSEL REGISTRATION: All vessels must have a current Registration Form (request for transient moorage) on file with the Harbormaster, These forms must be filed immediately upon arrival at the Small Boat Harbor; however, vessels that arrive after normal Harbormaster office hours must register before 10:00 A.M. the following day, (h) CALCULATION OF BERTHING RATES: Berthing charges shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the berth. A vessel berthed at any time between 12:01 A,M. and midnight shall be charged a full day's charge; provided, that the Harbormaster may, in his discretion and with proper and appropriate advance notice, waive a daily rate for a vessel that will occupy a berth or float for a minimum time, And, provided further, that the Harbor- master determines that congestion and use of the public facilities by others will not be adversely affected, Berthing charges shall be calculated on the length of the vessel, or the length of the float (slip) assigned, whichever is qreater. Berthing charges will be assessed on the length-over-all of the vessel. Length-aIl-over shall be construed to mean the linear distance, expressed in feet, from the most forward point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. The length shall include all hull attachments, such as bowsprits, dinghies, davits, etc. For billing purposes, length-over-a11 of the vessel as published in "L10yds Register of Shipping" may be used. The City of Seward reserves the right to: (1) Obtain the 1ength-over-al1 from the vessel's register, or (2) measure the vessel. ISSUED: 09/24/90 Subsection 150 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 26 Subsection BERTHING (CONTINUED) (i) DAILY RATES: 150 With the sole exception of vessels who annual fee, all berthing charges shall RATE. The daily rate for temporary or berthing shall be as follows: have paid an be on a DAILY transient Lenqth of Vessel or Float (whichever is qreater) Under 19' 20' - 32' 33' - 45' 46' - 58' 59' - 71' 72' - 84' 85' - 97' 98' - 110' 111' - 123' 124' - 136' 137' - 149' 150' - 162' 163' - up (j) ANNUAL BERTHING FEES: Daily Fees $ 3.64 7,21 10,08 11.35 14 .19 16.99 19,80 22,66 25.52 28.32 31,13 33.99 38.85 Under the following conditions a vessel owner/operator may elect to pay Berthing Fees on an annual basis in advance. (1) The vessel owner/operator has completed a Vessel Berthing Form in the form attached to this tariff. (2) The vessel owner/operator has paid the annual fee based on the following rates determined by the length of the vessel, or, in the case of a permanently assigned berth, the length of the slip, whichever is greater: Vessel or float to 30' 31' - 40' 41' - up 23. 56/foot/year 21.27/foot/year 20. 67/foot/year ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 27 BERTHING (CONTINUED) (3) At the option of the vessel owner/operator the Annual Berthing Fee may be paid in TWO EQUAL INSTALLMENTS of 60% of the rate determined above. The first installment is due and payable on the day the vessel owner/operator completes the Request for Mooring, The second installment is due on or before six (6) months later. (4) All permanently assigned berths are assigned on a calendar year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay Annual Berthing Fee in two semi-annual installments, each of which represents 60% of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. (k) FLOAT PLANE FEES: A fee in the amount of $8,00 per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. ISSUED: 09/24/90 Subsection 150 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 28 Subsection SAFETY, SANITATION AND HOUSEKEEPING (a) SAFETY AND SANITATION: 155 All users of city docks and terminal facilities shall exercise due care for the protection of life and property and the public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities should be consulted. Ordinances of the City of Seward of particular relevance include Chapter 9.15 (Fire Prevention and the Uniform fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7,10 (Ports and Harbors), All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, and the United States, including those adopted by international treaty, apply to city docks or terminal facilities. All users, including shippers, vessels, and consignees, are hereby warned that the party or parties responsible for infractions of such laws, regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws, regulations or policies, (b) NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT: Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive, or otherwise poses a significant risk of harm to property or persons, at least twenty-four (24) hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (c) RESPONSIBILITY FOR HOUSEKEEPING: Users of docks and other terminal facilities will be required to maintain same in an orderly manner as directed by the Harbormaster. If user does not properly clean property used, the Harbor Director shall order the work performed and user will be billed for the services in accordance with the rates set forth in Subsection 245 of this tariff. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1 Original Page 29 SAFETY, SANITATION AND HOUSEKEEPING (CONTINUED) (d) SMOKING PROHIBITED: No smoking shall be allowed on any wharf, pier or in any facility, warehouse or transit during fuel operations or at any time on any fuel station. Persons violating this rule may be barred, at the discretion of the Harbormaster, from the further use of any wharf or facility and, in addition, shall be subject to prosecution under applicable Federal, State and Municipal Laws, (e) WASTE OIL AND PETROLEUM PRODUCTS: All waste oil and petroleum products must be properly disposed of by the vessel/owner, The City of Seward offers a limited ability to take small quantities of such products as a convenience to the boating public. Up to five gallons of waste oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be no storage, even of a temporary nature of waste oil or petroleum products on City docks, wharves, piers, or finger floats. Any vessel/owner/agent storing or disposing of waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor and/or penalized according to the provisions of federal, state and local law. Larger quantities of waste oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case-by-case basis, ISSUED: 09/24/90 Subsection 155 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 30 Subsection RESPONSIBILITY FOR PROPERTY DAMAGE 160 Users damaging city docks or other property of the City of Seward will be responsible for cost of repairs, User will be billed for repairs to damaged property at cost, including overhead. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 31 Subsection BULK PETROLEUM PRODUCTS 165 (a) APPLICATION OF TARIFF: Except as otherwise provided in this section, the rates, rules and regulations published in other sections of this tariff apply to vessels, shippers, and consignees of Bulk Petroleum Products. (b) CLEARING AND HEATING PETROLEUM LINES: Shippers, consignees or vessels and persons in charge thereof are responsible for providing steam or other heating means to assure the proper flow of asphalt and other petroleum products requiring heat. Shippers, consignees or vessels and persons in charge thereof will be responsible for clearing all petroleum products from lines located on or adjacent any Terminal facility after a vessel completes loading or discharging unless otherwise authorized by the Harbor- master, In the event the City of Seward performs any of the above named services, rates shall be charged in accordance with Subsection 215 of this tariff and billed to shipper, consignee or vessel. (c) REGULATIONS GOVERNING PETROLEUM PRODUCTS: The transfer of bulk petroleum products shall be made in compliance with City of Seward Code provisions including Chapter 9,15 (Fire Prevention and the Uniform Fire Code), as well as other local, state and federal law, rule or regulation. (d) HOUSEKEEPING: Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up immediately, Vessels, or consignees shall remove temporary lines immediately upon completion of receipt or discharge of flammable liquids, Spillage from disconnected lines shall be cleaned up immediately by vessel or consignee. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 32 Subsection WHARFAGE 210 (a) DEFINITION: Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf, or passing through, over or under a wharf; or transferred between vessels, or loaded to or unloaded from a vessel at a wharf, regardless of whether or not a wharf is used. Wharfage is solely the charge for use of wharf and does not include handling, sorting, piling of freight or charges for any other services. (b) APPLICATION: Wharfage rates named in this tariff will be charged for all merchandise received over the City Docks within the Small Boat Harbor of the City of Seward and will be in addition to all other charges made under provisions of this tariff, EXCEPT: No wharfage shall be charged to ship's gear, such as strongbacks, lines, hatch covers, walking boards, etc" placed on wharf during unloading operations, Fuel handled over wharf will not be considered as ship's stores and will be subject to wharfage and other charges that may be incurred. (c) OVERS IDE : One-half of wharfage named herein will be charged to merchandise discharged or loaded overs ide of vessel directly to or from another vessel or to the water when vessel is berthed at wharf. (d) OVERS TOWED CARGO: OVerstowed cargo destined for discharging at another port will be exempt of wharfage charges, provided such cargo is not removed from the wharf prior to re-Ioading to the vessel. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 WHARFAGE (CONTINUED) (e) SCHEDULE OF RATES: Original Page 33 Subsection 210 Except as otherwise specifically provided, rates are in cents per ton of 2000 lbs. or per 40 cu, ft, COMMODITY WHARFAGE RATE Freight N,O,S. Scrap (iron, steel) Raw fish not to be processed within the city limits of Seward $ 2.06 2,06 30.00 Poles, logs, cants, or cut finished lumber per MBM (note: 2,000 lbs. shall be deemed 1 MBM) 2,06 Petroleum products (inbound) (per barrel) ,17 Petroleum products (out- bound) (per barrel) ,24 Petroleum products--Gaso1ine (per gallon) ,01 Plastic material 4,12 Vans or containers (net contents weight) Vehicles (gross vehicle weight) 2.00 5.00 ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 34 Subsection WHARF DEMURRAGE 215 (a) DEFINITION: A charge assessed against cargo remaining in or on terminal facilities after the expiration of free time, unless arrangements have been made for storage. (b) FREE TIME: (1) Definition: The specified period during which cargo may occupy space assigned to it on terminal property, free of wharf demurrage or terminal storage charges, immediately prior to the loading, or subsequent to the discharge, of such cargo on or off the vessel. (2) Computinq free time: Free time is calculated exclusive of Saturdays, Sundays or holidays, Free time starts the first 7:00 A.M, after freight is received or unloaded onto wharf from car or truck, or, in the case of freight received from vessel, the first 7:00 A,M. after completion of vessel's discharge. On outbound traffic, the day or days vessel is loading are not included in the computation, On inbound traffic from vessel, delivery of which is made after the allotted free time period, the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep sea vessels and involves application of both a long and a short time period, the longer period shall be allowed, but not the aggregate of any two free time periods, (3) Free time period: Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic, ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 35 Subsection WHARF DEMURRAGE (CONT INUED) 215 (c) RATES: Wharf Demurrage will be assessed at the following rates: Per day, per ton (2000 1bs.) or portion thereof First 5 days After 5 days All Freight N.O,S. Mobile homes, portable buildings and living quarters $ 2.40 $ 1. 20 25.00/day/unit 100.00/day/unit (d) LAY-DOWN AREAS: All cargo is expected to vacate city docks, wharves and piers as soon upon arrival as possible. Cargo is not to be stored on city dock, piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster, The Harbormaster shall have the discretion to refuse all cargo activities and/or lay- down, either in-bound or out-bound. Cargo that is allowed to wait for "beyond" transportation shall adhere to the following rules, (1) The Harbormaster shall designate lay-down areas for cargo. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay-down areas. (3) Cargo and freight not placed in a designated lay-down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate, starting at the time the vessel shipper on consignee is noticed to move the cargo, (5) In addition, the Harbormaster may, in his discretion, move cargo or freight and any expense or damages including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee except for damages caused by the City's own negligence. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 36 Subsection 50-TON TRAVEL 1FT 220 (a) OPERATING POLICY: The City owns and operates a 50-ton travelift in the Small Boat Harbor, The Harbormaster generally schedules vessel lifts on a first-come-first- served basis but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served and his consideration in that determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed lift will affect that congestion, (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the travelift or other City property; (b) BOAT LIFT AGREEMENT: No vessel shall be lifted from land or water without a boat lift use agreement in the form of that attached to this tariff having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including (but not limited to) the following: (1) vessel displacement; (2) vessel hull type and configuration; (3) location of all hull attachments and through the hull fittings including propeller shafts, rudders, etc.; (4) location, weight and type of ballast, fuel and water tanks; and (5) any special lift requirements to avoid vessel damage. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 37 Subsection TRAVELIFT (CONTINUED) (c) RESPONSIBILITIES: 220 The vessel owner/operator must be present during all vessel lifts and must inspect and approve of the City's proposed placement of lift slings, lines, and destination location. It is the responsibility of the vessel owner/operator to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel, It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) DOCKSIDE LAY TIME Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three hours of receiving notice from the Harbormaster or his agents, ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 38 TRAVELIFT FEES (a) DEFINITION: The lift fee is the charge for lifting a vessel from the water or the land utilizing the city 50-ton trave1ift, A separate lift fee is generated whenever a vessel is lifted, even it if is only lifted and relocated on land. Lift fees do not include labor charges for operation of the trave1ift system as described in subsection 245. (b) LIFT FEE: (1) Minimum Fee. The mlnlmum fee for a lift shall be One Hundred Twenty Five Dollars ($125) for the first hour of use or any portion of time less than one hour, The lift fee will be determined by the 1ength-over-a1l of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or cancelled for any reason. The risk of loss because of a suspended or cancelled lift by reason of mechanical failure or difficulty with the trave1ift system is on the vessel owner/operator. (2) Additional Lift Fee Rates for Larqe Vessels. In addition to the Minimum Fee, the lift fee shall be $10.00 per foot of vessel length for each foot over 50 foot in length. ISSUED: 09/24/90 Subsection 225 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 39 UPLAND STORAGE (a) AREA OF LAND AVAILABLE: The City of Seward will make available a limited area of land for storage of boats or boats on trailers subject to the following conditions: (1) Space is made available on a first-come first-serve basis. (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster. (3) From May 15 through September 15 upland storage space is only to be used by vessels undergoing active repairs, Vessels that are not being repaired are to be removed from the upland storage area at the Harbormaster's discretion. (4) From September 16 through May 14 storage space will be made available for vessel storage. (b) METHOD OF CALCULATION OF RATES: Charges shall be based on the overall length of the vessel or trailer (whichever is greater) and shall be based on a monthly charge. (c) LAY TIME: No charge for storage should be generated for lay time of ten (10) days or less. Any lay time beyond ten (10) consecutive days shall generate one month charge. (d) RATES: A minimum monthly charge of $50.00 per boat, trailer or cradle shall be assessed against any vessel, trailer or cradle up to 50' in length. In addition, $1.00 per month shall be charged for any vessel, trailer or cradle for each foot of length beyond 50', ISSUED: 09/24/90 Subsection 230 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 40 Subsection UPLAND STORAGE (CONTINUED) (e) EMPTY CRADLES/TRAILERS: 230 For purposes of this tariff, a vessel trailer or cradle shall be treated as a vessel of the length of the vessel normally occupying the cradle. Cradles or trailers placed or remaining on the upland storage area prior to or after a vessel is stored shall generate storage fees at the same rates as the vessel. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 TIDAL GRID Grid rental rates shall be as follows: First 72 hours or portion thereof Vessels less than 24' in length Vessels 24' or more but less than 32' Vessels 23' or more but less than 45' Vessels 45' or more but less than 60' Vessels 60' or more but less than 75' Vessels 75' and over Daily charqes after the first 72 hours Vessels less than 24' in length Vessels 24' or more but less than 32' Vessels 32' or more but less than 45' Vessels 45' or more but less than 60' Vessels 60' or more but less than 75' Vessels 75' and over Original Page 41 Subsection 235 Daily charqe $ 7.21 14,42 26,78 28.31 37,65 56.65 $ 14,42 28.84 53.56 56.62 75,30 113.30 The Harbormaster shall issue written permission for use of the grid and no boat shall be moored onto the grid until such permission has been granted. The grid use shall be on a first come, first serve basis. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 42 HANDLING, LOADING AND UNLOADING (a) HANDLING DEFINED: Handling means the service of physically moving cargo between point of rest and any place on the terminal facility, other than the end of a ship's tackle. (b) LOADING AND UNLOADING DEFINED: Loading and unloading means the service of loading or unloading cargo between any place on the terminal and railroad cars, trucks, lighters or barges or any other means of conveyance to or from the terminal facility, (c) TERMINAL USE PERMIT: Handling, loading, and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward and is attached to this tariff, ISSUED: 09/24/90 Subsection 240 EFFECTIVE:IOj01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 43 SERVICE CHARGES A service charge is assessed, in addition to any other charges set forth in this tariff, for specific services provided by the City of Seward or its agents, Service charges do not include charges for dockage, wharfage, wharf demurrage, and handling. (a) SPECIFIC SERVICES: The following rates shall apply for services provided by the City of Seward, (1) Potable water furnished to vessels: (a) Less than 1,000 gallons from harbor facilities not requiring City assis- tance or use of fire hydrant. No charge, (b) All service in excess of 1,000 gallons basic charge, flat fee of $50.00. Taking on water between 5:01 P.M. and 7:59 A.M, on any day requires the flat fee, basic charge in the amount of $100.00. (c) In addition to (b), a variable rate of $2.50/1,000 gallons shall be charged for potable water. (2) Electricity (per kilowatt): (i) Connect fee (ii) Electricity (per kilowatt hour) (iii) Customer charge (per month) (3) Towing inside small boat harbor: $25.00 plus labor and personnel (4) Pumping vessel: $10.00 plus labor and personnel (b) LABOR/PERSONNEL: $20.00 $ .1006 $15,40 (1) When labor is furnished by the City at the request of a user it is expressly stipulated that the City acts solely as agent of user. The City shall charge for labor provided by the City for the following services: (i) all services not specifically described in this Tariff; ISSUED: 09/24/90 Subsection 245 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 44 SERVICE CHARGES (CONTINUED) (ii) services of loading, unloading, or trans- ferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under NOS and cargo in packages or units of such unusual bulk, size, shape, or weight as to preclude performing such services at rates named under individual items of this tariff; (iii) services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which because of unusual condi- tions or requirements of shippers not normally incidental to such services, preclude the performance; and (iv) services of cleaning City docks or terminal facilities of dunnage, stevedore gear, and other equipment or material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the Harbormaster, (2) Rates named in this tariff for services involving labor are predicated upon straight-time wages for a work day between the hours of 8 A.M. and 5 P.M. Monday through Sunday, When overtime or penalty time wages to labor is necessary, rates are adjusted to include such penalties or differential rates. When a user notifies the Harbormaster for labor for a specified time and labor is on the job ready for work at that time, the use shall be charged from the time the labor is ready for work until the work is concluded even if the work is delayed through no fault of the City, (3) All labor provided by city personnel shall be charged at $33.93/hour straight-time (no premium) and $50.89/hour overtime, Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate, ISSUED: 09/24/90 Subsection 245 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 45 SERVICE CHARGES (CONTINUED) (c) EQUIPMENT: When the City utilizes City equipment to provide services under this Subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (d) SPECIAL SERVICES: Except where otherwise required by law, the Harbormaster has the authority to refuse to ~rovide or to arrange for the provision of services In addition to those set out in paragraph A above. Special services, including waste, bulk oil, or garbage disposal shall be billed at the city's actual cost (including city labor costs as determined in paragraph II above) plus 125% of city costs for services arranged for by the city but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and ordinances, (e) MISCELLANEOUS CHARGES: (1) Meter test, each, when previous test occurred within 24 months $ 50.00 (2) Reconnection to approved existing meter installation during regular business hours (8 A,M, - 5 P.M.) 20.00 (3) Reconnection to approved existing meter installation outside regular business hours 140,00 (4) Deposit 100.00 (5) Tampering with or unauthorized breaking of meter seal 500,00 (6) Dishonored check fee 10.00 (7) Reconnection after disconnect of delinquent account 40.00 ISSUED: 09/24/90 Subsection 245 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 46 Subsection PASSENGER FEES In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels and cruise ships or other vessels carrying, passengers for compensations, 250 Fee Passengers each. . Passengers or wharf embarking from pier to vessel, debarking from vessel to pier each $2,00 $2.00 Exception: Passenger fees do not apply to: (1) Passengers on vessels having accommodations for twelve or less passengers; or (2) Passengers sightseeing or travelling between points within 100 miles of the port, or (3) Passengers on sport fishing vessels; or (4) Personnel traveling free. ISSUED: 09/24/90 EFFECTIVE:10j01j90 CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 47 SECT ION II I CONDITIONS OF DOCKING AND FACILITY USE . Subsection VESSEL BERTHING APPLICATION 300 Berthing is requested at Terminal Facilities of the City of Seward, Alaska By: Of: On: (Authorized Individual (Agency Firm) (Date) Owned or/ For: Operated by: (Vessel Identification) (Firm) For Loading/Discharge of: (Description of Commodities/No. of Containers (Quantity) To Arrive on: As Voyage No, (Estimated Hour/Date) To Depart on: As Voyage No, (Estimated Hour/Date) . Vessel Length Overall : Terminal Use Permit Holder: (Estimated Hour/Date) NOTES AND CONDITIONS Acceptance of this vessel berthing application by the City of Seward does not guarantee the applicant a berth, This application is subject to the Regulations, Rules and Terms of the terminal tariff and to the timely filing of the Statement of Financial Responsibility provided and incorporated herewith as Supplement to this Vessel Berthing Application. Berth space is committed consistent with the attached memorandum outlining the City's Berthing Policy, Application Received: By: Application Approved: By: Berth Assigned: Special Crane or Cargo Handling Equipment Required: For Port Use Only Time/Date: Time/Date: . ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 48 Subsection SUPPLEMENT TO VESSEL APPLICATION 305 VESSEL: LOA: ETA: ETD : VESSEL OWNER/LINE: VESSEL CHARTERER: LOAD: TERMS OF AFFREIGHTMENT: (Commodity Type & Amount/# of Containers) TO DISCHARGE: TERMS OF AFFREIGHTMENT: (Commodity Type & Amount/# of Containers) BERTH DESIRED: DATE: Separate submissions of this document are required when the vessel affreightment for part of the cargo differs from the terms of affreightment for any other part of the cargo. CATEGORY OF PORT CHARGES PARTY RESPONSIBLE ESTIMATED FOR PAYMENT DOLLAR AMOUNT FOR PORT USE ONLY 1. 2. 3. 4. 5. Dockage Wharfage Water Fuel Miscellaneous Total Estimated Charges: $ Pursuant to the Instructions set forth in the Conditions of Berthing form, the undersigned hereby seeks the arrangement of berthing facilities on behalf of the above-named vessel, and attests to the accuracy of the information provided to the extent set forth in paragraph C of the Conditions and Berthing: Date: , 19 (Berthing Agent) By: (As Agent Only) ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT In connection with the Vessel Berthing Application dated , 19 the undersigned hereby accepts responsibility, on its own behalf, for payment of the terminal charges listed under the line items as designated below which correspond with those designated in the above Supplement to Vessel Berthing Application, in a maximum amount not to exceed 125% of the aggregate estimated dollar amount shown above for the relevant line items, or 125% of such other sum as the City of Seward, after review and revision of such estimates, has provided to the undersigned in writing, in which latter case a copy of such writing is physically attached hereto. ISSUED: 09/24/90 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 49 Subsection SUPPLEMENT TO VESSEL APPLICATION (CONTINUED) 305 CATEGORY OF PORT CHARGE LINE ITEM(S) (Name of Company) CATEGORY OF TERMINAL CHARGES LINE ITEM(S) (Name of Company) ISSUED: 09/24/90 No. FOR PORT USE By: (Authorized Signature) No. FOR PORT USE By: (Authorized Signature) EFFECTIVE: 10/01/90 . . . CITY OF SEWARD GENERAL TARIFF NO, 1 Original Page 50 CONDITIONS OF BERTHING All applications for vessel berthing shall be made in the form specified by the Harbormaster and may require the timely filing of the financial responsibility information called for by Supplement to Vessel Berthing Application, completed in accordance with, and otherwise governed by, the terms and conditions set forth below: Unless waived pursuant to paragraph B below, terms of payment for all applicable terminal charges shall be cash in advance, A cash deposit or acceptable security in an amount equal to 125% of the estimated applicable charges will be required to be posted with the Harbor- master six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all cases in advance of actual services rendered. In any case, in which a cash deposit has been posted, any excess thereof, after satisfaction of all applicable port charges, shall be promptly refunded by the terminal to the party posting same. The Harbormaster may waive the requirement of cash in advance as to all or any category or categories of its anticipated port charges when the party responsible for such charges has been identified by the berthing agent to the satisfaction of the Harbormaster, and: (1) That party responsible has established credit worthiness acceptable to the Harbormaster; or (2) Adequate security, acceptable to the Harbormaster, in an amount equal to 125% of the applicable estimated port charges, has been posted; or (3) The agent requesting the berth, or another entity, in each case acceptable to the Harbor- master as credit worthy, has personally accepted financial responsibility for the applicable charges, The vessel agent or other person requesting a berth ("berthing agent") shall, as a part of the berthing process, provide to the extent of his knowledge all information called for by any Supplement to Vessel Berthing Application respecting the vessel, its estimated arrival and departure, amount(s) and type(s) ISSUED: 09/24/90 Subsection 310 EFFECTIVE:10j01j90 . . . CITY OF SEWARD GENERAL TARIFF NO, 1 Original Page 51 CONDITIONS OF BERTHING (CONTINUED) of cargo to be loaded/discharged, and estimate of amount of each category of port charges, as enumerated, and party responsible therefor, The submission of this form, signed by the berthing agent, shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied, based upon and to the extent of information made available to the berthing agent at the time of submission; and the berthing agent shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the agent's failure so to report accurately, Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the Harbormaster, it shall immediately notify the Harbormaster and, if requested by the Harbor- master, promptly file an amended Supplement to Vessel Berthing Application with the Harbormaster. All estimates of terminal charges are subject to approval and/or adjustment by the Harbormaster. The Harbormaster shall, promptly after receipt of this form, advise the berthing agent as to (1) its approval or adjusted estimate of terminal charges, and (2) whether posting of cash or security is required for anyone or more categories of such charges and the amount thereof. In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward, The City of Seward retains the right in its sole discre- tion to determine whether a responsible party or agent is credit worthy, and to waive the cash-in-advance requirement. The City may establish guidelines for determining whether a responsible party or an agent is credit worthy, Compliance with these guidelines does not create a right to waiver of the cash-in-advance requirement. ISSUED: 09/24/90 Subsection 310 EFFECTIVE: 10/01/90 . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 52 Subsection CONDITIONS OF BERTHING (CONTINUED) 310 For safety or other reasons, the City of Seward in some circumstances may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions of conditions of berthing, In such circumstances, the vessel may unload its cargo only if (1) the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. ISSUED: 09/24/90 EFFECTIVE: 10/01/90