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HomeMy WebLinkAbout04252022 City Council Meeting PacketSeward City Council Agenda Packet Be Bear Aware CAUTION ► 1 MJ:4111 The bears are waking up! Monday, April 25, 2022 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting April 25, 2022 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2023 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have John Osenga signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total time for this agenda item.] Term Expires 2024 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Liz DeMOss of Consent Agenda passes all routine items indicated by asterisk (*). Consent Council Member Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2023 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Ristine Casagranda Council Member A. Proclamations and Awards Term Expires 2022 1. National Historic Preservation Month Proclamation Pg. 4 2. Recognizing the US Army Corps of Engineers, Pacific Mike Calhoon Ocean Division ........................................... Pg. 5 Council Member 3. Recognizing the retirement of Deputy Harbormaster Matt Term Expires 2024 Chase ...................................................... Pg. 6 Randy Wells B. City Manager Report ...................................................... Pg. 7 Council Member Term Expires 2022 C. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] Janette Bower City Manager 1. Travel report for Washington, DC legislative meetings from Mayor Terry and Council Members Osenga and Brenda Ballou Casagranda. City Clerk 2. First Quarter 2022 reports: • Planning & Zoning Commission Brooks Chandler • Port & Commerce Advisory Board City Attorney • Historic Preservation Commission D. Presentations — None City of Seward, Alaska Council Agenda April 25, 2022 Page I 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.] A. Resolutions Requiring Public Hearing 1. Resolution 2022-031, Authorizing The Sale Of Parcel #14502419 Containing 25.395 Acres To The State Of Alaska Department Of Transportation And Public Facilities For The Improvement Project NO. Z548570000 hi Improving The Seward Airport For The Fair Market Value (FMV) That Has Been Determined To Be $2,000.00. This resolution had public hearings and was postponed on March 14, 2022 and March 29, 2022, and is coming back tonight for a third public hearing and approval. Please note: city administration requests city council postpone the resolution to June 13, 2022.......................................................................................... Pg. 21 8. UNFINISHED BUSINESS A. Resolutions 1. Resolution 2022-052, Authorizing The City Manager To Enter Into A 3 Year Sole Source Agreement With T2 Systems To Provide Parking Enforcement & Permit Management Software In An Amount Not To Exceed $31,297 And Appropriating Funds. This resolution was postponed from April 11, 2022. Please note: city administration requests city council postpone the resolution to May 9, 2022......... Pg. 132 9. NEW BUSINESS A. Resolutions *1. Resolution 2022-055, Authorizing The City Manager To Enter Into Port Agreements With Cruise Line Corporations For The Purpose Of Satisfying Requirements Of The Centers For Disease Control And Prevention To Allow Cruise Ships That Have Opted In To The Program For Cruise Lines Operating In U.S. Waters To Visit The Port Of Seward hi Calendar Year 2022....................................................... Pg. 157 *2. Resolution 2022-056, Accepting And Appropriating A Humane Society Of The United States Travel Scholarship In The Amount Of $1,500..................... Pg. 186 *3. Resolution 2022-057, Accepting And Appropriating Grant Funds From The Girls Steam Ahead With The NASA Implementation Stipend In The Amount Of $400. 196 *4. Resolution 2022-058, Repealing Resolution 2021-101 And Authorizing The City Manager To Purchase From Virginia Transformer Corporation Three High -Voltage Transformers In A Not -To -Exceed Amount Of $2,664,716, Including Freight Charges Of $298,000 For Installation hi The Fort Raymond (2) And Lawing (1) Substations, And Appropriating Funds.............................................................. Pg. 204 5. Resolution 2022-029, Authorizing The City Manager To Purchase A 2022 Chevrolet Silverado 2500 Crew Cab From Chevrolet Of South Anchorage To Replace The Truck Of The Electric Line Foreman, Using The State Procurement Process hi The Not -To -Exceed Amount Of $65,899 And Appropriating Funds .................. Pg. 211 City of Seward, Alaska April25, 2022 Council Agenda Page 2 `a 6. Resolution 2022-060, Repealing Resolution 2021-135 And Authorizing The City Manager To Purchase To Purchase Three (3) 2023 Chevrolet Tahoe Police Package Vehicles From Swickard Auto Group Under The State Of Alaska Fleet Vehicle Contract, With Associated Upfitting And Police Specific Equipment From Alaska Safety And The Printer, In An Amount Not To Exceed $59,033.34 Per Vehicle For A Total Cost Of $177,100, And Appropriating Funds ................................ Pg. 218 B. Other New Business Items * 1. Approval of the March 29, 2021 City Council Regular Meeting Minutes...... Pg. 232 *2. Approval of the March 29, 2021 City Council Special Meeting (92) Minutes. Pg. 241 *3. Approval of the April 11, 2022 City Council Special Meeting Minutes......... Pg. 244 *4. Approval of the April 11, 2021 City Council Regular Meeting Minutes........ Pg. 247 *5. Recommending Planning & Zoning Commissioner Troy Staggs to the Kenai Peninsula Borough mayor for appointment to the KPB Planning Commission with a term to expire July, 2023............................................................... Pg. 256 *6. Non -objection to the Transfer of Ownership for liquor license 91130 Beverage Dispensary from Thorn's Showcase Lounge, LLC to Flamingo Cocktail Lounge, LLC....................................................................................... Pg. 262 7. Provide direction regarding Historic Preservation Commission, CLG Grant 9200005 — Walking Tour Project.................................................................. Pg. 289 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Deputy City Clerk's Memo Verging Timely Receipt ofAnnual Financial Disclosure Forms................................................................................................ Pg. 333 B. City Clerk's travel report for attending the City Clerks Association of California annual conference....................................................................... Pg. 334 It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska April25, 2022 Council Agenda Page 3 3 PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals to preserve the tangible aspects of the heritage that has shaped us; and WHEREAS, "People Saving Places" is the theme for Preservation Month for May, 2022 and is sponsored by the National Trust for Historic Preservation; and WHEREAS, over the course of the past year, the Seward Historic Preservation Commission has contributed to local historic preservation activities and projects, such as the creation of the Historic Walking Tour, nomination of Historic Preservation awards, nomination of structures to the Historic Properties Inventory List, public outreach and education, and the development of the Historic Preservation Guidelines & Best Practices resource manual. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim May, 2022 as: National Historic Preservation Month and do call upon our community to join their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 25th day of April, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 4 PROCLAMATION WHEREAS, the US Army Corps Of Engineers, Pacific Ocean Division, provides vital public engineering services, in times of peace and war, to strengthen our nation's security; and WHEREAS, the Pacific Ocean Division is a team of dedicated professionals who take pride in serving as the engineering and construction "agent of choice" in the Pacific region; and WHEREAS, the Pacific Ocean Division's Alaska District, Far East District, Honolulu District, and Japan Engineer District strengthen our nation's security by building and maintaining America's infrastructure; and WHEREAS, the US Army Corps of Engineers played a key role in rebuilding Seward after the 1964 earthquake and tsunami; and WHEREAS, in 1940, the US Army Corps of Engineers constructed their first Alaska flood control project by diverting Lowell Creek waters into a half mile long, 10-foot diameter tunnel through Bear Mountain; and WHEREAS, the US Army Corps of Engineers is partnering with the City of Seward to design and engineer a new tunnel solution to mitigate the 80 year old, undersized, and high maintenance tunnel in order to better protect the life safety of the city residents; as a result of this collaboration, legislators awarded $185 million to the USACE for construction of a new 18-foot diameter diversion tunnel and infrastructure; and WHEREAS, the Pacific Ocean Division provides vital public engineering services to the City of Seward that energizes the economy and reduces risks to the community from natural disasters; and WHEREAS, the Pacific Ocean Division has chosen Seward, Alaska as the location for its Annual Meeting in 2022; and WHEREAS, the meeting will stimulate the ideas and actions that are necessary for the Pacific Ocean Division to continue strengthening our nation's security and infrastructure into the future. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby welcome the Pacific Ocean Division of the US Army Corps of Engineers to Seward for their Annual Meeting for the week of May 2, 2022 and thank them for their service. Dated this 25th day of April, 2022 THE CITY OF SEWARD, ALASKA US Array Corps of Engineers. Pacific Ocean DhAsion Christy Terry, Mayor 61 PROCLAMATtON WHEREAS, Matt Chase joined the City of Seward on March 31, 1988, serving in the City of Seward for over 34 years; and WHEREAS, in 1988, Matt started with the City of Seward working in the Harbor as a Harbor Worker, left for another journey in his life and/or career, and WHEREAS, Matt then returned to Seward in 2000 where he was on call working with Program Training with the Harbor Department; and WHEREAS, Matt moved into a permanent position in 2004 to Harbor Worker II, then up to Harbor Worker III in August of 2011; and WHEREAS, Matt then took his current position as Deputy Harbor Master in 2015; and WHEREAS, Matt has been instrumental in maintaining the city's status as an Alaska Clean Harbor and has expanded and improved our used oil program, which recycles discarded oil to heat city buildings; and WHEREAS, Matt's dedication to the expansion and improvements to the Seward Marine Industrial Center(SMIC) working to clean up debris and derelict vessels, and recruiting business for the yard and the North Dock; and WHEREAS, with Matt's oversight at SMIC, keeping the yards clean and orderly, there has been tremendous growth from his guidance and knowledge, making it the busy, successful Shipyard it is today; and WHEREAS, Matt not only provides guidance out in the field, but has been a great asset in problem solving and keeping order around the harbor; and WHEREAS, Matt has always been a team player, is a respected colleague, and will be sorely missed by everyone at the City. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby thank Matt Chase for his many years of service and his numerous contributions to the City of Seward, and wish him all the best in his retirement. Dated this 25 th Day of April, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 6 City of Seward City Manager's Report April 25, 2022 Mayor Terry and Council Members, Community Jails, also known as State Jails Operated by Municipalities HB 281 (FIN) includes a $4,000,000 increase for the community jails. I've been told the Senate bill has an increase of $2,000,000 but I have not been able to confirm this information. I have also been told there is an increase to fund an additional position within Department of Corrections whose duties will include community jails. The inclusion of funds and a new position is a step forward. I look forward to being able to work with someone to refine the jail contract and to receive the funding the city is due. I'm continuing to watch both bills and will report the information when it is available. Alaska Railroad Bills The Alaska Railroad bills for the cruise ship dock and terminal have stalled a little bit. I contacted all of our legislators for their support. Our lobbyist reports that there continues to be support and will continue to lobby on our behalf. I'm watching these bills and will testify either virtually and in -person. 2021 Audit The auditors from Altman Rogers are on -site this week, along with the Carmen Jackson team. The process is going very well. I look forward to the final audit report. Supply Chain Issues The City continues to experience supply chain issues regarding city vehicles and supplies. The resolution on tonight's agenda reflects this issue. We are unable to order the vehicles previously authorized by the council. It appears we will be able to order a different make of vehicle, from a different vendor. I am concerned about receiving these vehicles, as well as other critical goods and supplies. Coast Guard Icebreaker I listened to Senator Sullivan's address to the Alaska House and Senate. He reiterated his desire to have an icebreaker located in Alaska. I sent our legislators an email stating the Seward port can handle an icebreaker and we support Senator Sullivan's desire to locate an icebreaker in Alaska. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Manager Separations: Department: Date of Separation Accounting Tech Utility Finance 4/29/2022 New Hires: Police Dispatcher Deputy Harbormaster Available Full Time Positions: Finance Director Acct Tech II Acct Tech III Department: Date of Hire: Police 05/01/2022 Harbor 04/11/2022 Department: Position Status: Finance Advertising Since 10/05/2021 Finance Advertising Since 03/24/2022 Finance Advertising Since 03/24/2022 Accounting Tech AP Harbor Worker II Acct Tech Utility Available Seasonal Positions: Campground & Park Maint Aide Campground Attendant Park Maintenance Worker Parking Lot Attendant Parking Operations Supervisor Recreation Program Aide Harbor Seasonal Full Time Library Aide Seasonal Finance Advertising Since 03/31/2022 Harbor Advertising Since 04/06/2022 Finance Advertising Since 04/14/2022 Department: Position Status: SPRD Advertising Since 03/03/2022 SPRD Advertising Since 03/03/2022 SPRD Advertising Since 03/03/2022 SPRD Advertising Since 03/03/2022 SPRD Advertising Since 03/03/2022 SPRD Advertising Since 03/03/2022 Harbor Advertising Since 03/11/2022 Library Advertising Since 03/11/2022 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Order date Department Description Amount 312212022 ELECTRIC ADMIN Materials for New Construction Season 25,500.CC 411112022 SEWER Sole Source - Calcium Nitrate Lowell Point Lagoon 'Na-.erTrealment'12 pallets. Entire Summer supply. 21,888.00 411812022 SEWER Lowell Point Sludge Reducing 5,325.00 4/1812022 ROADS AND Streets Sweeper Rental - Sole Source. Ra-.e - monthly cos: $6,000. Will not be charged if not used. 6,000.00 4118120221 ROADS AND Streets - Paint for streets, handicap spaces. and sidewalk curbs. 17,263.88 4/18/2022 CITY SHOP Sole Source- Repair to Grader#106 18,095.24 Thank you, City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ Work is continuing on the Hemlock Subdivision. Current work is taking place on the following tasks: replat and rezone, developing the cost estimates, and geotechnical investigation. The geotechnical work was completed on March 23,d and the final report is forthcoming from R&M Engineering. ➢ The Assistant City Manager attended a meeting at the KPEDD office in Kenai on April 4t" to discuss economic development on the Kenai Peninsula and the entire State of Alaska. This was a great opportunity to connect with other Peninsula municipalities and hear about the various projects, barriers, and economic conditions currently taking place. The City of Seward very much appreciates the work that KPEDD continues to do for the benefit of our area. ➢ Work is beginning on the creation of the utility expansion master plan. This project is scheduled to be completed by August 29t", 2022. This plan will provide valuable information on where and how the City can expand utilities in a manner that increases residential development. Once the master plan is completed, R&M Engineering will provide City Council a presentation on the master plan. ➢ The Assistant City Manager and Public Works Director met with the United States Army Corp of Engineers project team on April 6t" to continue planning work for the Lowell Tunnel project. USACE is beginning the process of project element scheduling and coordination with stakeholders. The City continues to work with USACE on this project and looks forward to moving forward in a manner that will effectively progress the project to completion in the coming years. ito] Community Development Department Jason Bickling Director Notes: ➢ At the April 5t" P & Z Meeting, Clare Sullivan was voted in as the P & Z Commission Chair and Vanessa Verhey as the Vice Chair. ➢ On April 11t", the Animal Shelter Replat was approved at the Borough Level for things to move forward on that project. ➢ Prepping for Jesse Lee Home Property Special meeting on April 25t" ➢ Having discussions on possible land sale and residential development outside of city limits — Kenai Peninsula Borough, Forest Service, Alaska DNR, Alaska Menta Health Trust, etc. Cindy Ecklund has been very helpful in this process. ➢ Reviewing 1999 Seward Strategic Plan and contrasting it to 2020 Comprehensive Plan ➢ Municipal Land Inventory and Use Plan draft review. It is tentatively scheduled to go before P & Z at the May 17t" Worksession ➢ GIS Plan for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec. Currently working on getting cemetery plot information into GIS. Specific Planning Work: ➢ Ongoing: working with people in the community to answer questions about their property — uses allowed, setbacks, processes, etc. ➢ Records Requests — a few records requests for property inquiries ➢ Business Licenses — many being reviewed (busy because of new year) ➢ Building Permits — 4 reviewed ➢ CUP Applications — 1 being prepped for May 3 PZ meeting ➢ Variance Applications — 0 prepped for PZ meeting ➢ Replat Applications — 1 being prepped for the May 3 PZ meeting ➢ DRP Applications — 0 application being prepped is Electric Department Director Rob Montgomery ➢ Electric Rate Planning — Members of the City (Electric Department, Finance/Billing, City Manager) met with rates consultant Aldrich & Associates of Anchorage to begin developing the City's electric rate strategy for the next 5-7 years. This planning work is especially important as the Electric Department completes the various phases of the transmission infrastructure projects scheduled over the next 4-5 years. ➢ Smart Meters & Electric Vehicle Charging Stations — On April 15, I met with Chugach Electric Association CFO and acting CEO Arthur Miller and members of his team to resume discussions focused on electric Smart meters and CEA's program for EV charging stations. Updates on these topics will be provided as discussions continue and more information is available. ➢ Nash Road Right -of -Way Tree Clearing (Update) — Additional meetings were held with customers on Nash Road on April 14 as the Electric Department and AK Tree Service continue to coordinate tree -trimming and clearing work with customers. The clearing work is being done in preparation for the future transmission infrastructure replacement project. The Electric Department will continue to meet with property owners, as needed, to answer questions and address concerns. ➢ IBEW 1547 Contract Negotiations (Update) —The first meetings with IBEW 1547 to negotiate the Collective Bargaining Agreement were held April 20 and April 22. The next meeting to hopefully wrap up negotiations is scheduled for April 27. The City's contract with IBEW 1547 expires on June 30. ➢ DOT Project MP 17-22.5 (Update) — Electric Department personnel continue to work with the Alaska Department of Transportation in preparation for AKDOT's highway improvement work between MP 17-22.5 of the Seward Highway. The City of Seward will be relocating electric poles and lines to accommodate the highway project. All costs incurred by the City for the project will be reimbursed through AKDOT. iM R Fire & Building Department Fire Chief Clinton Crites uwra r, We can always use volunteers, if you or someone you know is interested in serving your community, please give us acall at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:OOpm. Statistical Information: Fire & Life Safety Inspections 2022 YTD: 131 with 120 violations noted. Emergency Calls YTD: 65 New Building Permits Issued 2022: 13 with a total valuation of $5,467,968.55 Demo Permits Issued YTD: 0 • We staffed a booth at the Health Fair on April 9t" and distributed Fire Safety, Tsunami Preparedness, and general Life Safety materials. • Please see the flyer below for the Phoenix Chapter Fundraising Cruise May 28t", all proceeds are designated for your local Fire and EMS agencies to provide training on the Eastern side of the Peninsula. Please support your local volunteers throughout the peninsula! Clear needles, leaves and other debris from roofs, gutters, porches, and decks. [771 It's that time of year when we begin to clean up our yards, please call for a burn permit or a burn barrel 224-3445. 13 .-4 Wi1d-fY'e Action Items to Improve Your Home's Survivability: • REMOVE leaves, pine needles, and other flammable material from the roof, gutters, and on and under the deck to help prevent embers from igniting your home. • SCREEN areas below decks and porches with 11/8" wire mesh to help prevent material from accumulating underneath. • COVER exterior attic and soffit vents with 1/8" wire mesh to help prevent sparks from entering your home. • ENCLOSE eaves to help prevent ember entry. • INSPECT shingles or roof tiles. REPLACE missing shingles or tiles. COVER ends of tiles with bird stops or cement to help prevent ember penetration during a wildfire. Tips for Landscaping Around Your Home • REMOVE dead vegetation and other flammable materials, especially within the first 5 feet of the home. • KEEP your lawn hydrated and maintained. If it is brown, cut it down to help reduce fire intensity. • PRUNE tree limbs so the lowest branches are 6 to 10 feet above the ground to help reduce the chance of fire getting into the crowns of the trees. • MOVE construction material, trash, and woodpiles at least 30 feet away from the home and other outbuildings. • DISPOSE of branches, weeds, leaves, pine needles, and grass clippings that you have cut to reduce fuel for fire. y� IT'S A BIG WORLD. NF LET'S PROTECT IT TOGETHER. A hicrease your wildfire safety. Make simple love -cost changes to your home and landscape starting today. I Visit www.firewise.org for more information. 0 2018 National Fire Frotection Association/ Novem her 2018 14 Ir SATURDAY, MAY 28o 2022 10MANNUAL FIREFIGHTER / EMT AUCTION CRUISE Join the men and women of the Phoenix Chapter of the Alaska State Firefighters Association for an auction and dinner cruise! Seward, Bear Creek, Moose Paws, and Lowell Paint residents - Support your local firefighters and EMTs Stop by the Seward Fire Dept. or Ca for tickets today Cruise runs 6:30 — ' 0:00 j Check -Err at Major Marine Tours c 'mail Boar Harbor at 5:45 Cruise & dinnerprovided in part by the generosity of MMT & their staff. I� Harbor Harbormaster Norm Regis ➢ The 330 ton Travelift is busy this week due to warming temperatures, we are currently placing vessels into and out of the water. ➢ We are clearing snow/ice in the SMIC yard, with the warming weather the crew is trying to keep the SMIC yard water flowing into the ditches. ➢ The water at SMIC has become an issue, the harbor crew is working to resolve the water ponds under the boats, letting the owners know they need to keep a path shoveled for the water to drain. ➢ The water throughout the harbor is still turned off, the water should be turned on in early May. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take shape, just a few more items to deal with and we can lease out the property again. ➢ The harbor office is fully staffed. ➢ Matt chase will be retiring on April 29, 2022 please thank him for his service to the City of Seward, there will be fliers out letting you know when and where his retirement party will be. ➢ The harbor has hired from within to replace Matt so please congratulate Tony Sieminski for promotion to Deputy Harbormaster. ➢ The harbor office is on its winter schedule and are open Monday through Saturday. The Sunday harbor crew will check phone messages throughout the day and respond as necessary. ➢ Continuing to have meetings for the North East harbor launch ramp, last week the contractor has disassemble the old launch ramp. ➢ Global Diving & Salvage, will start replacing the anodes in April 2022 they anticipate just about a week and a half of work to complete the project. ➢ Harris Sand and Gravel has completed installing the new G, K and L-floats waiting on some hardware to finish the project. ➢ We are continuing to work with Moffatt & Nicole on the design for the 5 ton crane on I - Dock. ➢ We are also working with PND Engineers on a wash -down pad located by the 50 ton travelift. ➢ The Port Infrastructure Development Program was released we are working with PND engineers to write the grant for the wash -down pad. Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Naval Radio Station The Seward Naval Radio Station is featured in the Windows of History display. Learn about the radio station that was built near the head of Resurrection Bay in 1917, caught fire in 1935 and was subsequently abandoned. View pictures of the radio station from the late 1910's when it was at its best and pictures from 1935 when it burned down. Also, on display are recent photographs depicting the last building succumbing to Mother Nature. April Artifact of the Month Unidentified Driving Objects - The Wally Byam Caravan The April Artifact of the Month is a set of photos from 1966 featuring the Wally Byam Caravan. The caravan of Airstream travel trailers came to town for the first time in July of 1966 and continued to come for many years after. Wally Byam founded the Airstream travel trailer company in 1931 and started the first caravan in 1951 from Texas to Nicaragua. The trip wasn't smooth but it began a tradition that brought caravan's to Seward and continues around the world today. Update: April Game Night and Library Open House The Open -house on April 9t" was a success. We had games for the public to play and the computers were well received. At times all of the children's computes and YA computers were completely filled with Seward's Youth. We counted 47 people for the game night and our Saturday count for the entire day was 521 people. Tot -Time Every Tuesday and Thursday, the Library and Bloom, work together to bring arts n crafts, story time, and play time for our younger crowd. Discovery Kits We have new Discovery Kits out for the public to use. New kits include Montessori letters and numbers, Zoo -Phonics, Anatomy, Cells, Time, Planets, Aquatic Discovery, and many more. Seward Summer Reading Program The Seward Summer Reading Challenge is going to be starting May 21. We will have reading logs available for patrons who wish to sign up and we will be having craft days on Wednesdays at 10. All ages are welcome to participate in the challenge. MA For the month of March, we served 7339 patrons. Library hours Tuesday — Friday 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. Museum Hours Friday — Saturday 1 p.m. — 5 p.m. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. 18 Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter • Advertising for summer seasonal positions. • A department rep is scheduled to attend the Double Scoop Ice Cream event on May 12 to promote seasonal job opportunities. • Interviewed and hired several Campground/Park Maintenance aides. • Deployed seasonal dumpsters at the campgrounds. • Installed new parking kiosks. Configuring backend software for seasonal rates and rules. • Setting up the T2 mobile parking payment system and updating our parking payment processor account information through Cardconnect. • Working with Victus Advisors on kicking off the Community Recreation Center Feasibility Study. • Working on ordinance regarding parking enforcement in city -owned lots. Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https://www.cityofseward.us/departments/parks-recreation/campgrounds YTD Campspot Bookinas as of 04/15/22 Period Site Nights Revenue Completed Bookings 118 $ 21250 Advance Bookings 11,147 $ 512,650 Total: 1 11,265 $ 514,900 Sports & Recreation AVTEC Gym Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement with the school. Visit RecDesk for details. Register for programs and reserve facilities: https://seward.recdesk.com/Community/Home *New Family Membership available at seward.recdesk.com $350 for 2 adults (18 and over) and any 17 and under free. View program details: https://www.cityofseward. us/departments/pa rks-recreation/sports-recreation 19 Program Name Date Total AVTEC usage April 1 — Aril 14 157 Urbach Youth Basketball Aril 60+ Seward Health Fair Rock Wall Aril 9 14 Ongoing Programs • Tot Time — Friday, 10:30 — 12:00pm • Adult Basketball — Thursday 6-8pm • Open Volleyball — Friday 6-8pm • Rock Wall — Saturday through April 3-5pm • Urbach Youth Basketball — Saturdays in April 9:00 — 1:00pm Upcoming Programs • May 7 — Super Saturday Community Cleanup/ Bike Rodeo • May 14 - Pink Cheeks • May 22 — Exit Glacier 5/10k `11 Resolution 2022-031 Documents: City administration requests the resolution be postponed to June13, 2022, to allow state staff to attend the meeting in person. • Agenda Statement • Resolution 2022-031 • Attachments: o Appraisal FMV of Parcel #14502419 o Letter to Acquire 54857 Seward AP Pcl.5 o Brochure of Real Property for Federal and Federal Aid Programs `A City Council Agenda Statement Meeting Date: April 11, 2022 To: City Council From: Janette Bower, City Manager City administration requests the resolution be postponed to June13, 2022, to allow state staff to attend the meeting in person. Agenda Item: Resolution 2022-031: Authorizing the Sale of Parcel #5. Containing 25.395 Acres in Improving the Seward Airport for Right of Way to the State of Alaska Department of Transportation and Public Facilities on Project No. Z548570000 for the Fair Market Value (FMV) That Has Been Determined to be $2,000 Background and justification: The City of Seward owns the submerged property on Parcel #14502419 that consist of 1000 acres. This property consists of only tidelands/submerged lands that have no improvements. Department of Transportation is requesting to buy 25.395 acres described as Parcel 5. It is located in the East 1/2 of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000. The State of Alaska Department of Transportation is requesting this section of the parcel #5 to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvement project No. Z548570000 which includes shifting and lengthening Runway 16-34, placing erosion control measures, reconfiguring taxiways, and installing new pavement lighting, markings, and fencing. This will make Runway 16-34 suitable for the FAA approved critical aircraft as they close RW 13-31 due to flood risk. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.3 Improve the usability of the state-owned airport. Strategic Plan: Improve the State Airport Other: 01000-0000-4610 Surplus Land Sale Revenue account. Certification of Funds Total amount of funds listed in this legislation: $ 2,000 This legislation (✓): X Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): X Budgeted Line item(s): Not budgeted Not applicable unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* Electric Wastewater Water Healthcare *unaudited numbers Finance Director Signature: I�i;�Mryazo Attorney Review✓ Administration Recommendation X Yes x Adopt Resolution Not applicable Other: 23 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-031 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the Sale of Parcel #14502419 Containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Improvement Project NO. Z548570000 in Improving the Seward Airport for the Fair Market Value (FMV) that has been Determined to be $2,000.00 WHEREAS, the City has possession of parcel #14502419, also known as Parcel 5, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000; and WHEREAS, the property parcel #14502419, is irregularly shaped area that consist of 25.395 acres (1,106,206 sq ft) that consist only of tidelands/submerged lands that have no improvements; and WHEREAS, the Alaska Department of Transportation and Public Facilities want to acquire the parcel for improvement project No. Z548570000, which includes shifting and lengthening Runway 16-34, placing erosion control measures, reconfiguring taxiways, and installing new pavement lighting, markings, and fencing; and WHEREAS, the Alaska Department of Transportation plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from flooding, and to make Runway 16-34 suitable for the FAA approved critical aircraft as they close RW 13- 31 due to flood risk; and WHEREAS, the fair market value (FMV) for the Parcel #14502419 is determined to be $2,000, according an August 31,2021 appraisal by Black -Smith, Bethard & Carlson, LLC; and WHEREAS, the City Code §7.05.610 provides, should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other applicants/bidders. The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. The upland owner shall then have 90 days to exercise this preference under this section. If the preference is not exercised by the upland owner, then the city may dispose of the tide and submerged land to others. It shall not be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others; and 24 CITY OF SEWARD, ALASKA RESOLUTION 2022-031 WHEREAS, the upland property and property to the North are owned by the State of Alaska, rendering the code requirements of notice to the upland property owner unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council determined by City Code §7.05.610, Article 5. Tidelands. That the relevant regulations implement, interpret, and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extended to and include applicable provisions of Public Law 85-303(Ord 92-05). Section 2. The Seward City Council authorizes disposal of Parcel 914502419, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 to the State of Alaska Department of Transportation and Public Facilities for $2,000.00 Section 3. The City of Seward finds it to be in the public interest to sell this parcel #5 in accordance with the City Code § 7.05, Article 5. The State of Alaska, Department of Transportation will utilize the property for the purpose of serving as a runway protection zone for RW 16-34 improvements and reserving property for the eventual lengthening of RW 16-34 to 4000' per planning documents. Section 4: The revenue for the sale of the Parcel #14502419 containing 25.395 Acres in the amount of $2,000.00 is hereby accepted to 01000-0000-4610 Surplus Land Sale Revenue account no. Section 5. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of March 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor W THE STATE °'ALASKA GOVERNOR MICHAEL J. DUNLF—WY February 1, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Box 196900 Anchorage, Alaska 99519-6900 Phone: 907.269.0700 Toll Free: 800.770.5263 TDD: 907.269.0473 TTY: 800.770.8973 Fax: 907.269.0489 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvements include lengthening RW 16-34 to 3300' and shifting it east to make it suitable as a runway for the FAA approved critical aircraft once we close RW 13-31 due to flood risk. As requested by the City of Seward, the new runway is designed to be lengthened to 4000' (700' more towards the bay) once the aircraft fleet qualifies and the funding can be obtained. DOT&PF is acquiring parcel 5 to protect the aircraft approaches which extend from the bay toward the new (and eventually toward the extended) runway. It is DOT&PF's intent to purchase parcel 5 for the improvements listed above for the Seward Airport. The Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the appraisal completed by an independent real estate appraiser and a copy was included in the original offer packet. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. I look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, Karricohols Right of Way Agent `Keep Alaska Moving through service and infrastructure. " 26 "BAYEND 1964" * I `N 1 l Iw Q REMAINDER lw_ LOT 3 y i USS 9000 fn 1 ' cp I AIRPORT �� ; BOUNDARY TRACTI PARCELS 1 N83045'36"E 246.68' UNSURVEYED REMAINDER USS 722 -:�l N50046'36"E i c' 277.24'� 1 / AE�9��Q r15J p\N�SS : MHW LINE RESURRECTION :::•:•:•:•:•::•:::::::::::::::::::...:.::: / QP� N83°44'36"E 389.40' / BAY cn" w� cn � z C5 ATS 174 - w ....:........::::::::::::::. rn PARCEL 5 UNSURVEYED rj REMAINDER w� PARCEL B N W TiSR1w USS 9000 s ... ............ / S M SEC. 2U 1 ................... ...... .. / •.•.•.•.•.•...•.•..•..•.•....•.•....•.•.•::.•...•.•..• . .. • / / ... /..../' S80°04'57V 930.1 / / / 01, . ® FOUND BRASS CAP / / / ' / / 0 150 300 600 AREA REMAINING � SCALE IN FEEL' NOTE: ALL DISTANCES SHOWN RIGHT-OF-WAY REQUIRED ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS PAGE —OF DATED AKSAS Project No. Z548570000 SHEET 2 OF 3 GROSS TAKE 25.395 AC± NET TAKE 25.395 ACt DRAWN BY CES,KHE REMAIN LARGE DATE Feb 2021 PARCEL NO. 5 27 THE STATE °fALASKA GOVERNOR MICKkEL I DUNILLAGY November 22, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Sox 196900 AnC'nor,age, A103t.a 99519.6900 Phone: 907.269.0700 oli Free 600.770 5263 TDD: 907.269.0473 1 i Y: 9100.7 70,8973 Fnx' 907.269.0a89 Certified Mail No.: 7019 2970 0000 5231 6617 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport, such improvements include reconstruction of the existing two runways, place erosion control measure, widen the taxiway and install new lighting, markings and fencing. To build this project, the DOT&PF needs to purchase a portion of your property located in Seward, AK 99664. This letter presents the DOT&PF's offer to purchase your property and briefly explains the process. As the acquisition process for DOT&PF, differs from a typical open market transaction, I've enclosed a brochure entitled, "Acquiring Real Property for Federal and Federal -Aid Programs and Projects." This short pamphlet provides information about the DOT&PF's acquisition procedures and explains your rights as an owner of real property to be acquired for a federally funded project or program. The Offer Based on the approved Appraisal (copy enclosed) for Parcel No. 5 the Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the enclosed appraisal completed by a independent real estate appraiser. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: "Keep A1,1Vhrr rllovilw thruuq=Ir scl-1.ice and infi- structure. " 28 Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded This full price, one -offer policy is designed to protect property owners, provide fairness to the public, and implement uniformity to the acquisition process. All documents to execute the transaction are enclosed. A brief description of the documents and additional steps necessary to complete the transaction follow: Ouit Claim Deed. The Deed will operate to convey the property referred to as Parcel. No. 5 to the DOT&PF. Please sign the document and have your signature notarized. Notarization is required. Please sign and date the document where indicated. If you are signing for a business, trust, or partnership, the DOT&PF will also need a copy of the resolution that authorizes you to sign on its behalf to complete the process. Memorandum of Agreement. The MOA expresses the terms of the agreement in writing. Please sign and date the document where indicated. Notarization is not required. Purchase Voucher. A Purchase Voucher is needed to order payment. Please sign where indicated. IRS form W-9. The Internal Revenue Service requires that DOT&PF report sale proceeds for all real estate transactions. To help with that obligation, please complete the attached W-9 form. Payment cannot be processed without this information. Substitute Form W-9. The State of Alaska requires this form to issue payments. Please help us meet this requirement by completing the enclosed form and prevent a delay in payment. This for is in addition to the IRS W-9 form. If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. 1 look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, arrico Nichols Right of Way Agent Attachments as stated above 29 DEPARTMENT OF TRANSPORTATION PROJECT NAME: SEWARD AIRPORT A;, AND PUBLIC FACILITIES IMPROVEMENTS STATE PROJECT M Z548570000 _ b r O,�,,,�= QUITCLAIM DEED FEDERAL -AID PROJECT#: (CorporatelPartial Property) PARCEL M 5 UNIT #: The GRANTOR, CITY OF SEWARD, whose mailing address is P.O. Box 167, Seward, Alaska 99664- 0524, for and in consideration of Ten Dollars ($10.00), and other valuable consideration, in hand paid, conveys and quitclaims to the GRANTEE, STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, whose mailing address is P.O. Box 196900, Anchorage, Alaska 99519-6900, all rights, title, and interest, if any, which it has or may hereinafter acquire in the following -described real estate located in the State of Alaska: That part of:: ALASKA TIDELAND SURVEY 174, according to Plat—S-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township 1 South, Range 1 West, Seward Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 i&'hich lies within the right-of-way lines of Alaska Project No. Z548570000, delineated as to said tract of land on the plat attached hereto and made a part of this instrument and designated as Parcel No. 5. Said parcel, containing 25.395 AC (acres), more or less, is hereby granted to the State of Alaska. Dated this day of , 202_. Return to: State of Alaska DOT&PF ROW Engineering P.O. Box 196900 Anchorage, AK 99519-6900 State Business -No Charge 25A-R640 (Rev 09/01/06) City of Seward: By; Its: 54857/ Seward Airport Improvements Page 1 of 30 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ss Third Judicial District ) On this day of , 202_ before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared for City of Seward, the Grantor, known to me to be the identical person who executed the foregoing instrument and who acknowledged to me that they signed the same freely and voluntarily, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. [NOTARY SEAL] Notary Public in and for the State of Alaska My Commission Expires: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Grantee herein, acting by and through its Commissioner, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of _ 202 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES By: 25A-R640 (Rev 09/01/06) For the Commissioner Page 2 of 2 KE RUNWAY \ "USS 149 \ \REMAINDER \ EAST 112 00 \ USS 722 00 \ GOVT J� LOT 4 O \ v \ LOT 3 USS 9000 :. "BAYEND 1964" I MATS 174 RM 19" _m -- 1 y RMDR. 1 USS 722 PARCEL C ::. . USS 9000 = = • •'• = •'•'• PAACEL 5 m o SEE LOT9 SHEET moo LISS9000ci=•••••••••• ATS 174 MHW IMP I I IIH I I T1 N, R1 W I T1 S, Ri W AIRPORT I BOUNDARY L — — EG1�ON VIESo1514 RIGHT-OF-WAY REQUIRED rss1w a 0 500 1000 2000 SEC 2d 3 ® FOUND BRASS CAP scnrS IN FM NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL p SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Project No. Z548570000 PAGE—OFDATED SHEET 1 OF 3 GROSS TAKE 25.395 ACt d NET TAKE 25.395 ACt s DRAWN BY CES.KHE REMAIN LARGE u DATE Feb 2021 PARCEL NO. 5 32 THIS PLAT MAY BE USED FOR THE ESTABLISHMENT OF THE RIGHT—OF—WAY BOUNDARY ONLY, AND SHOULD NOT BE USED AS A BASIS FOR ESTABLISHING ADJOINING PROPERTY LINES AND CORNERS. THIS SEAL IS FOR ALL WORK CONTAINED ON SHEETS 1 & 2 FOR PARCEL 5 t law 0F s ra *: 49 T» ••* I ' CRAIG OWEN RANSON `� c• No, 11798 Aw PDC ENGINEERS 1028 AURORA DRIVE FAIRBANKS, ALASKA 99709-5529 PHONE (907) 452-1414 SHEET 3 OF 3 AKSAS Project No. Z548570000 PARCEL NO. 5 33 STATE OF ALASKA ,s DEPARTMENT OF TRANSt?ORTATION AND PUBLIC FACILITIES P.O. BOY 1467-JUNEAU, ALASKA 99802 PURCHASE VOUCHER NA1►IE OF PAYEE: CITY OF SENVARD ADDRESS OF PAYEE: c/o DOT&PF RIGHT OF NVA1 P.O. Box 196900 Anchorage, AK 99519-6900 DOCUMENT NO, 11ARRANT NO - DATE PAID PAYEE MUST SIGN THE CERTIFICATION BELOW AND RETURN THIS 1'OCCFIER TO THE DEPARTMENT OF TRA%SPORTAT1oN Date of Agreement Project Number Z548570000 Parcel Number Type of Document 5 WD Amount Seward Airport Improvements Project For the Benefit of City of Seward Payment for right of way Acquisition as shown on the Afemorandum of Agreement based on the $2,000.00 Approved Review Appraisers of Just Compensation, approved on 9/23/2021 RETURN WARRANT REQUESTED GRAND TOTAL (LESS DEDUCTIONS) $2,000.00 PAYEE'S CERTIFICATION: I certik that the above bill Is correct and just and that payment therefor has not been received: CITY OF SENVARD: Bv: Its: APPROVED BY: RIGHT-OFAI ►1(NE1;OT1 %11)R I ACCOUNTS TO BE CHARGED ACCOUNT CODE DEBIT CREDIT AAIOMT Z54857000-TC2000-120P $2,000.00 $2,000.00 I certify that the above services were Performed or GRAND TOTAL (NET) S2,000,00 expenses incurred as stated; that they were necessary and proptrr, that the amounts claimed are just and reasonable; that no pan thereof has been paid, PREPARED BY: APPROVED FOR PAYMENT IL.1tN CHECKED BY: REGIONALCHIEF RIGHT-OF-WAY AGENT 25A-R682 (Rev 03/10/03) Page 1 of 1 34 Farm W-9 Request for Taxpayer Give Form to the (Rev December201t) Identification Number and Certification requester. Do not Elepanmml ar tlr rreastsr send to the IRS. Interrtai Revenae Servka Name (as shown an your income tax return) ous•wss narnarcrsrayarce,: sr,u,y nsrnr, n ujnaneni ,rum a Wa Check appropriate box for federal tax claamfication: ❑ Individual/sate proprietor ❑ C Cor',,oratia-• ❑ S Ccrporation ❑ Parl�arship ❑ Trustfutate ❑ Limtled iiaUlty comp4ny Enter the tax classincaticn (C=C corporation, S=S corporetion, P=parfiersNp) ► Other 4" InstrueJona' ► !as (number, street and apt. or state no.) City, state, anti ZIP coca numbers► here (optional) Requester's name anti Enter your TIN in the appropriate box. The TiN provided must match the name given on the 'Name' fine I social security earnber to avoid backup withholdrg. For individuals, tMs is your social security number (SSM. However, for a resident alien, sore proprietor, or disregarded entity, see the Part I instructions on page 3. For other _ LL entities. R is your employer identification number (EIN)_ It you do not have a number, we Now to get a TIN on page 3. Note. If the account is n more than one name, see the chart on page 4 for guidelines on whose Employer men an number to enter. T (T--r Under penalties of perjury, I certify that- 1. The number shown on this form is my correct taxpayer Identification number (or f am weitmg for a number to be Issued to me), and Exempt payee 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a Fai'ure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out Rem 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement pRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. big I Signature of Here u.s- persons onu► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only i you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting It {the requester] and, when applicable, to: 1. certify that the TiN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. It a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form 9 it is substantially similar to this Fomn W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, ■ A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7), Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax an any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt Pier in a partnership conducting a trade or business in the United payee, If applicable, you are also cerdf*g that as a U.S. person, your States, provide Farts W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income Is not subject to the withholding tax an foreign partners' share of effectively connected income. Cat. No. 10231x Form W-9 (Rev 12-2011' 35 Form W-9 (Rev. 12-2011) Page 2 The person who gives Form W-9 to the partnership for purposes of establishing Its U,S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business In the United States is In the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U,S, grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident align who becomes a resident alien. Generally, orgy a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a'saving clause.' Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident efien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that species the following five Hems: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident allen. 2. The treaty article addressing the income. 3. The article number (or bcadon) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualfles for the exemption from tax. S. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes It his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30.1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocoij and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that includes the Information described above to support that exemption - If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8, What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, Mottles. nonemployee pay, and certain payments from fishing boat operators. Heal estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding W. 1. You do not furnish your TiN to the requester, 2. You do not certify your TiN when required (see the Part II Instructions an page 3 for detals), 3. The IRS legs the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable Interest and dividends orgy), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (far reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding See the Instructions below and the separate Instructions for the Requester of Form W-9, Also see Special rules forpartnershrps on page 1. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no tonger an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information 9 you are a C corporation that elects to be an S corporation, or it you no longer are tax exempt. In addition, you must furnish a new Form W-9 it the name or TIN changes for the account, for example, if the grantor of a grantor trust dies, Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure is due to reasonable cause and not to wilful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. IMllfully falsifying certifications or affirmations may subject you to criminal penalties including fines andfor imprisonment Misuse of TINs. If the requester discloses or uses TiNS in Malian of federal law, the requester may be subject to civil and criminal penalties Specific Instructions Name If you are an individual, you must generally enter the name shown an your Income tax return. However, If you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown an your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Eisler your individual name as shown on your income tax return on the "Name" One. You may enter your business, trade, or 'doing business as (DBA)' name on the 'Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the 'Name' One and any business, trade, or "doing business as (SBA) name on the "Business name/disregarded entity name" line. Disregarded entity. Enter the owner's name on the "Name" One. The name of the entity entered an the 'Name" fine should never be a disregarded entity. The name on the 'Name" One must be the name shown on the income tax return out which the Income will be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name Is required to be provided on the "Name" line. If the direct owner of the entity Is also a disregarded entity. enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disragarded entity name` One. If the owner of the disregarded entity Is a foreign person, you must complete an appropriate Form W-O. Note. Check the appropriate box for the federal tax ctassi(icatfon of the person whose name is entered on the 'Name" fine jlndividuWsole proprietor, Partnership, C Corporation, S Corporation, Trustlestate). UmHed Uablity Company (!LC). If the person identified an the 'Name' One Is an LLC, check the "Umited lability company box only and enter the appropriate code for the tax classification In the space provided. If you we an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. H you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation. enter 'C" for C corporation or 'S' far S corporatiom if you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) is another LLC that is not disregarded for federal tax purposes. If the LLC Is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner Identified on the •Name" One 36 Form W9 (Flay. 12-2011) Page 3 other entitles. Enter your business name as shown on required federal tax documents on the "Name" fine. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DeA name on the "Business name/ disregarded entity name' line. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the `Exempt payee" box in the line following the "Business name/ disregarded entity name,' sign and date the form. Generally, Individuals (including sale proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of secticrt 401(f)(2), 2, The United States or any of its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or S. An International organization or any of its agencies or Instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures comm€ssfon merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11, An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section S84(a), 13. A financial institution, 14. A middleman known in the Investment community as a nominee or custodian, or 15, A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees i through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through 5 patronage dividends Payments over $60o required to be Generally, exempt payees reported and direct sales over 1 through 7' $5,000' 'See Form IM-MISC. lrfscella teaus Income, and b instn:ulom. r Hoy a-+er, the WG%ing prrments made to a corporation and r4utabiu an Form 1099-MLSC are not exempt from backup wiedwldinq: medical and health care payments, attameys' lees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TiN is your IRS individual taxpayer identification number RN). Enter It In the social security number box. If you do not have an MN, we Now to get a 771V below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (L1.C) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EiN, Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TiN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this forth online at www.magov, You may also get this form by calling 1-800-772-1213. Use Forth W-7, Application for IRS individual Taxpayer Identification Number, to apply for an {TIN, or Form SS-4, Application for Employer identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS webs€ a at www.ks.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Fom1s W-7 and SS-4 from the iRS by visiting IRS.gov or by calling 14800-TAX-FORM (1400-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'Applied Foe in the space for the TIN, sign and data the form, and give It to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and ghro it to the requester before you We subject to backup withholding on payments. The 60-day rule does not apply to other types of payments, You will be subject to backup withholding on all such payments until you provide your TiN to the requester. Nola. Entering "Applied For' means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A asregarded domestic entity that has a foreign owner must use the appropifats Farm W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even It Rem 1, below, and Items 4 and 5 on page 4 Indicate otherwise. For a joint account, only the person whose TIN is shown in Part f should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and hems 4 and 5 on page 4. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TiN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after ISM and broker accounts considered inactive during IW& You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must crass out item 2 in the certification before signing the forth. 3. Real estate transactions. You must sign the certification. You may cross out kem 2 of the certification. 37 Form W-9 (Rev. 12.2011) Page 4 4. Other payments. You must give your correct TiN. but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemplayee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TiN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name and SSN of- 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or. aunt) H combined finds. the first Individual on the arsount ' 3. Custodian account of a minor The minor' eJnUorrt Gift to Minors Act) 4. a. The usual revocabie savings The grantor -trustee' trust (grantor Is also trustee) Is. So-called trust accmuM that is The actual owner' not a legal or valid trivet under state taw 5. Sok proprietorship or d4regarded The owner' entity owned by an indlvidual 6. Grantor bust filing under Optkwnal The grantor Form 1029 Filing Method 1 {sea Regulation section 1s71-4ibN216]VU) For this type of account: Give name and EIN of: T. Disregarded entity not owned by an k,dividual The owner a. A valid trust estate. or pension trust Legal arility' Q. Corporation or LLC elee'Jng The corporation corporatebus on Form 8922 or Form 10. Asseclation, club, religious, The organization clarftable, educational, or other tax-exempt orgariziWon 11. Paruasship or multi-mernber LLG The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agrtcilture In the name of a pubic entity (such as a state or local govenanera, school dstrlct, or prison) that receives agricutturai Program lea 14. Grantor trust I116ng under the Farm The tnat 1041 Filling Mathad or the Optional Form 1(Ig9 Fling Method 2 rose Regolatlon section ' Lie arse and drele st■ name of as person wrma mrnbw you ertr m a Wy ors person w a Idnt account toss an SSN, Mal person's rmmber must be Krrtished ' Cirda the inli a's ramm and Imtfstt ttr ~s SSN. ' You mat slaw yorr kxfVdnl nerve and you may &Im enter year baFmsa or -E)W nacre an Ne •&aleass wnardsmWed $nary' norm Ww. You may uu elthef your SSN or EIN if you have cm), but fro M encaraeas you fo un your SSN. a Liu ink and dude Ifs nano of car Mat. Was, Or pendant fiat 00 rot finish to TIN of as penanal npruetttaew or etrtae taeess the lapel Wary aamll is net designated In the aemrsx tab.I Afro see SpWW nos AvpartrarsM=on pop S -Nab. Grantor also must prof a Fin WA co tm o of rust Note. if no name is circled when more than one name Is fisted, the number will be considered to be that of the first name listed. Secure Your Tax Regards from Identity Theft Identity theft occurs when someone uses yourpersonal information such as your name, social security number (SSN), or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to gat a job or may file a tax return using your SSN to receive a refund. To reduce your risk, • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-906-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tog -free case intake Ere at 1-877-777-4778 or TTYMD 1-800.829-4059. Protectyoursetf from auspicious email$ orphishing schemes. Phishing Is the creation and use of email and websitas designed to mimic legitimate business emaffs and websihm The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private informtion that will be used for identity theft The IRS does not initiate contacts with taxpayers via emel'Is. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingoirsgov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emaiI5 to the Federal Trade Commission at spamOuce.gov or contact them at www.ftc.gov/ldf ft or 1-877-IDTHEFT (1-877-438-4338), Visit IRS.gov to learn more about Identity theft and haw to reduce your risk Privacy Act Notice Section 6109 of the Internal Fiaverm Cade requires you to provide your correct TIN to persons (including federal agencies) who are required to file information retrm via the IRS to trtterest. <gik+ •• orcc�h crime Ic Ar^C i= -= t'.. }ru -ry a Intamst ycu paid• the acquLsittun or abandonment of sacred property; the tartca6etlart of debt: or contributions you made to an TK Archer MSA, or HSA. The person collecting this form uses the information on fie farm to fle information rearms with the : F1S, reporting the above infarmatidn. Rowena uses of this Information include giving It to the Department of Justice for civil and criminal litigation and to clies, states, the Dhstiot of Columbia, and U.S. possessions for use h administering their laws. The nfarmation also may be dsclosad to other cordiies under a treaty to federal and state agencies to anfarce ad and criminal laws, or to federal law enforcement and Intelgenee agendas to combat terrorism. You must provide your TIN whether of not you am required to Me a tax return. Under see lat 3406, payers must generally wttivnokt a percentage of taxable interest. dividend, and certain cew payments to a payee who does not give a TiN to the payer. Certain penalties may atric apply for providing false or fraudulent information. 38 State of Alaska RETUM CO21rPLETED FORM To. x. Department of Administration Department of Administration Division of Finance Substitute Form `V Tye —9 P.O. Box 110204 Juneau, AK 99811-0204 Questions? Email DO I DOE T�t:dor.He:pDe:k,!a4uk--, aw:: Or FAX to: (907) 465-2169 DO NOT Send to IRS Taxpayer Identification Number (TI`� Verification The Interim Rettaue Sc.Mct rryui;es the Sate ofAlssk.t to issue 1099 forms when payments to ;ndi iduals partnerships or limited liability companies for rents. services, pries, and awanit meet or eat:-ei S600 QO for the Year An IRS Form 1099 is not ;equlrad when px. mcn's .rre ipecifscalty for merchandiic or made to some ty cs of mrporatiutu. Print or T; a Please see attachment or reverse for complete instructions Legal Name (as shown on your income tax return) State of Alaska Vendor Number (if known) Business Name, if different from above (use if doing business as (DBA) or enter business name of Sole Proprietorship) Primary Address (for 1099 form) PO Box or Number and Street, Ciry. Srare, Zip + 4 Remit Address (where payment should be mailed, if different from Primary Address, PO Box or Number and Street, City. Statc, Zip + 4 Entity Designation (check only one type) Individ!Sole Proprietor Parrn ..hiual p General Corporation on Mao] Corporation Legal Corporation. Limire:l Liability Company — Ind ividual Limited Liability Company — Partnership Limited Liability Company — Cnrporsdon Government Entiry Estate 1 Trust 0rganiurion Exempt from Tic - Nonprofit Exemption (See Instructions) Exempt payee code (if any) Exemption from FATCA Reporting u Code (if any) Taxpayer Identification Number (T M2 Provide Only One (If sole proprietorship provide EIN, if applicable) Social Security Number (SSN) Employer Identification Number (EIN) If Change of Ownership or Entity Designation Date of Change: Previous Owner / Business Name Previous Taxpayer Identification Number MIN) Certification ?he Internal Revenue Service doer not require your content to any proration of thu document other than the certifications required to avoid backup withholdin; Under penalties of perjury, I certify that I. The number shown on this form is my correct taxpayer idcnrification number, AND 2. lam nor subject io backup withholding because (a) I am exempt from backup withholding, or (b) I have nor been notified by the Internal Revcnue Service (IRS) that I am subject to backup withholding as a result of a failure to report all inreresr or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, AND 3. I am a U.S. person (including a US. resident alien). AND 4, The FATCA code(s) entered on this fnrm (if any) indicating I am exempt from FATCA repotting is correct. Printed Name Signature Printed Title Date Telephone Number Email Address P--Ascd 0912912015 39 Instructions for Completing Taxpayer Identification Number (TIN) Verification (SubstituteNV--9) -- Page 1 I.eZ31 Name Af regirtered wide the Internal Revenue Service (IRS) • Individuals: Enter First Name MI Last Name • Sole Praprictorships: Enter First Name ,4II Last Name • LLC Single Owner. Enter owners First Name MI Last Name • All Others: Enter Legal Flame of Business Business Narns • Individuals: Leave blank • Sole Proprietorships: Enter Business Name • LLC Single Owner. Enter LLC Business Name • All Others: Complete only if doing business as a DBA Address where 1099 tax form should be mailed. Remit Address Address where payment should be mailed. Complete only if differcnt Front primary address. State of Alaska Vendor Number Your vendor number b an eight character alphanumeric code assigned to your company in the State of Alaska's accounting sys- tem. You may contact us at the email address listed on the form if you do nor know your vendor number. EntitX Designation Check ONE box which describes the type of business entity. Thxpa=r Identification Number LIST ONLYONE.- Social Security Number OR Employer Iden- tification Number. See "liflat Name and Number to Give the Reguater"at rigbr. If you do not have a TIN, apply for one immediately. Individuals use federal form SS-05 which can be obtained from the Social Se- curity Administration. Businesses and all other entities use federal form 55-04 which can be obcained from the Internal Revenue Service. Chanu of Ownership or Entity Designation This information is reqursmd to allow taxable income to be reported correctly for bush the new and old entities. You must cross out item 2 iFyou have been norified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition Of abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments ocher than interest and dividends, you are not required to sign the certification, but you must provide your correcr TIN. :Ti;E>;1.MT1' Section 6109 of the Internal Revenue Code requires you to furnish your correct TIN to persons who must file information returns with the IRS to report inrerest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help veriFv the accuracy oFyour nY return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable in- terest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also apply. VA „ , ,nY M.. 4 I YI For this type oFaccount Give name and SSN oF. Individual The individual Two or more individuals (joint The acrual owner of the account account) or, if combined funds, the first individual on the account' Custodian account of a minor The minor' (Uniform Gift to Minors Act) The usual revocable savings trust The grantor -trustee' (grantor is also trustee) So-called trust account thu is The actual owner' not a IcgA or valid trust under state law Sole proprietorship or Single- The owner Owner LLC For this type of account: Give nasne and EIN of Sale Proprietorship or Single- The owner s Owner LLC A valid trust, orate, or pension Legal entity ` trust Corporation or LLC electing The corporation mrpnrate status on Fnrm 8832 Association, club, religious, The organization charirable, educational, or other tax-exempt organization Partnership or multi -member The partnership LLC A broker or registered nominee The broker or nominee Account with the Department The public enriry oFAgriculturc in the name of a public entity (such as a state or local government, school district or prison) that receives agricultural program payments ' List first and circle the name of the person whose number you fur- nish. If only one person on a joint account has an SSN, that persons number must be furnished. r Circle the minors name and furnish the minors SSN. s You must show your Individual name, but you may also enter your business or "DBA" name. You may use either your SSN or £IN (if you have one). ' List first and circle the name of the legal trust, estate, or pension trust, (Do not furnish die TIN of the personal representative or trust - cc unless the legal entity itself is not designated in the account tide.) More: If no name is circled when more than one name is listed, the number will be considered to be chat of the first name listed. Revised 0912912015 40 Instructions for Completing Taxpayer Identification Number (TIT Verification (Substitute'%- 9) -- Paje 2 £sempcix�n.t If you are exempt from backup withholding andior Foreign Account Tax Compliance Act (FATCA) reporting, enter in the Exemptions box any codc(s) that may apply to you. See Exempt payee rode and Exemption From FATCA reporting code below. Exempt panne code Generally; individuals (including sole proprietors; arc not exempt Frain backup withholding. Corporarians are exempt From backup withholding for certain payments, such as interest and dividends. Corpm-acions are nor exempt from backup with- holding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes identify payees that are exempt From backup wirhholding7 I. An organization exempt from tax under section 501 fa% any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2. The United States or any of its agencies or instrumentalities 3• A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instru- mentalities 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities 5. A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a posses- sion of the United Starts 7. A futures commission merchant registered with the Commodity Futures Trading Commission S. A real estate investment trust 9. An entity registered at all times during the tax year under the Investment Company Act of 1940 10. A common crust fund operated by a bank under section 584(a) 11. A financial institution 12. A middleman known in the investment community as a nominee or custodian 13. A trust exempt from tax under section 664 or described in section 4947 The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form For accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you arc only submitting this Form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A. An organization exempt from rax under section 501(a) or any individual retirement plan as defined in section 7-i 01(a)(37) B. The United States or any of its agencies or instrumentalities C. A state, the District of Columbia, a pusscssion of the United States, or any of their political subdivisions or instru- mentalities D. A corpa ration the stack of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i) L A corporation that is a member of the same expanded afftli=d group as a corporation described in Reg. section 1.1472-1(c)(I)(i) E A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, Forwards, and options) that is registered as such under the laws oFthe United States or any state G. A real estate investment trust H. A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1. A common trust fund as defined in section 584(a) J. A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(2)(1) M. A rax exempt trust under a section 403(b) plan or section 457(g) plan Revised 09/29/2015 41 Seward Airport Appraisal Services Project Number: 25202055t Z548570000/ At 3-02-0259-XXX-20XX Parcel Number. 5 Partial Acquisition Tide Land Located Seward at Resurrection Bay Alaska Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 TCE Number: NIA FILE #20-036 (5) FOR DATE State of Alaska Department of Transportation and Public Facilities Report Date Statewide Design & Engineering Division August 31, 2021 Central Region - Right of Way Section 4111 Aviation Drive Effective Date of Value Anchorage, Alaska 99502 June 16, 2021 Attn.: Mrs. Karrico Nichols, ROW Agent BY Brian Bethard, MAI General Real Estate Appraiser (Cert. #281) BLACK -SMITH, BETHARD & CARLSON, LLC 1199 E. Dimond Blvd., Ste. 200, Anchorage, Alaska 99515 42 Seward Airport Appraisal Services Project Number: 2520205512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART I - INTRODUCTION 43 Seward Airport Appraisal Services Project Number, 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number 5 Appraisers 1199 E. Dimond Blvd. Sic.200 AnchorsZe, Alaska 99515 Phone:907-27"65i Fax89 BLACK -SMITH, BETHARD & CARLSON, LLC-mu,,; ne E-mall: hsr(q nkaet August 31, 2021 Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive Anchorage, Alaska 99502 Attention: Mrs. Karrico Nichols, ROW Agent Re: Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 Property Owner: City of Seward Property Location: Seward in Resurrection Bay Alaska Legal Description: Lengthy Legal- See Title Report Tax ID # None Mrs. Nichols: The attached appraisal report summarizes our appraisal of the proposed acquisition as of June 16, 2021 at: $2,000 The value opinion is stated in terms of cash and is qualified by certain definitions, assumptions, limiting conditions and certifications. The appraisal and report are intended to comply with the requirements of the Uniform Standards ofProfessional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), and the procedures and guidelines of the Alaska Right -of -Way Manual.I Sincerely, BLAmSM1TA, BE HARD & CARLSON, LLC 3 August 31, 2021 Brian Bethard, MAI Date General Real Estate Appraiser (Cent. #281) t State of Alaska Department of Transportation and Public Facilities 3 44 Seward p,o� act wumbor�xs202os5;zuvoaroomxmr3-0z*u6e*nXxaOxx Pmnca|Num*er-. n TABLE OF CONTENTS PART I - INTRODUCTION ......... ............ _....... ~................................................... ___�~~___� LETTER OFTRANSMITTAL ---__________............................................................... 3 NARRATIVE APPRAISAL SUK8MARY---,�....... .............................................. 5 -------....... LIMITING CONDITIONS .............. --.......... ........................ ~~~~~~~____� PART ||- PREMISES OFTHE APPRAISAL --'........................ ............. ........ ___ ....... ...... --A IDENTIFICATION OFTHE PROPERTY ........................................... ---........ ____ �,~~^�_10 SUBJECT PHOTOS ........................................ ----.............. �--_-_--11 5 U M MAR Y[)FTHEAPpRAUSALPRO BLEM ..................-'-_-_13 SCOPEOFW ORK--------__,~...... ..................................... ......... .1g PART U|-PRESENTATION OFDATA. ......................................... MARRETAREA.................... ...... -__.-_-.~~~~....~--_.................. ___ ...... ............ 21 NEIGHBORHOOD ANALY�S,...~~~............ ................. '_'----_..... .................. ~~_s3 SITEDESCRIPTION ................................................................................ ........ ___ ..................... -25 TEN YEAR SALE HISTORY- ...... ...... ____ ...... .......................................... -___.------ 30 DESCRIPTION OFTHE�xCQu|�inlomAND REMAINDER OFTHE 31 PARTv/-ANALYSUSOFDAJA AND CONCLUSIONS ........................................................ ....... ..-32 MARKET ANALYS|B-..-.................. ------___.............. ............................................... 33 LANDVALUATION ................................. -'--_......... ^_......... ___ ....... ............................... 35 FINAL REC0NC|L|ATtON-VALUE OFTHE WHOLE PROPERTY .._-......... 41 SUMMARY - MARKET VALUE OFTHE ACOU|SiTl0M...... ........ ........ .......... .-..-.-.-.._-43 ADDENDA.......... ................. ........ .................. .......... -_--........ -.44 OPPORT0NFT[TOACCOMPANY THE APPRAISER --_------_---........................ 45 TITLEREPORT.~~ .............................................. ...... ...... ...... .............................................. 5b CoMpxRARLEDATA VVRITE'0PS........ ................... ----~......... ...... ___ ................ -...... 64 UK8[ONGCONDITIONS AND ASSUMPTIONS .............................................. 76 4 45 PROJECT INFORMATION PROJECT NAME: STATE PROJECT M FEDERAL -AID PROJECT M PARCEL M OWNER INFORMATION City of Seward. PARCEL LOCATION: LEGAL DESCRIPTION: ZONING: CURRENT USE: HIGHEST AND BEST USE: As Vacant As Improved RIGHTS APPRAISED: INSPECTION DATE: DATE OF VALUE: Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 At P 3-02-0259-XXX-20XX Parcel Number. 5 NARRATIVE APPRAISAL .- Seward Airport Appraisal Services 25202065/Z548570000 AIP 3-02-0259-XXX-20XX 5 Resurrection Bay Alaska Lengthy Legal- See Title Report Unzoned Tidelands/ Submerged lands Recreation/ Speculation NIA Fee Simple June 16, 2021 June 16, 2021 PARCEL ACQUISITION DESCRIPTION SUMMARY PARCEL AREA: Large' EASEMENT 0.000 AC (0 SF) ACQUIRED: AREA OF Gross: 25.395 AC (1,106,206 SF) PERMIT ACQUIRED: 0 SF (0.000 AC) ACQUISITION; Net: 25.39 AC (1,106,206 SF) REMAINDER: Large" AREA OF LARGER PARCEL SUBJECT TO PLO OR SECTION LINE EASEMENT: 0.00 AC (0 SF) 'The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 5 46 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number: 5 PARTIAL ACQUISITION SUMMARY 1. MARKET VALUE BEFORE ACQUISITION: See Note 1 art ��I�ilIt16711.149M'[41W;A 3. REMAINDER VALUE AS PART OF THE WHOLE: LANs] NA' IMPROVEMENTS $0 LAND NA' IMPROVEMENTS so = NA' 4. ESTIMATED MARKET VALUE OF REMAINDER: LAND $10.000 IMPROVEMENTS WA NA' 5. DAMAGES (if any) $0 6. LESS SPECIAL BENEFITS (if any) s0 s0 7. ACQUISITION VALUE as PART of the WHOLE + $2,000 8. NET DAMAGES + $0 9. COST -to -CURE + $0 10. PERMITS: + $0 11. EASEMENTS: Avigation Easement + so 12. PLO OR SECTION LINE EASEMENTS: + s0 13. OTHER: Temporary Construction Easements (TCEs) + $p 14. MARKET VALUE OF ACQUISITION: See Note 1 = s2,000 1. The indicated value of the whole reflects the fee value- unallocated for rights previously reserved of conveyed, if any (e.g. subsurface rights, utility easements, leaseholds, etc.). Date: August 31, 2021 Prepared By: Brian Bethard, MAI `The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 0 47 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 CERTIFICATION Name of Appraiser. Brian Bethard, MAI I CERTIFY THAT: I personally inspected the property appraised in this report on June 16, 2021. Ryan McGillivray provided professional assistance. I limited his services to photography, basic research and general data gathering. I have afforded the property owner the opportunity to accompany me at the time of my inspection of the property. To the best of my knowledge and belief, the statements contained in this appraisal report are true and correct, and the information upon which my opinions are based is accurate, subject only to the assumptions and limiting conditions set out in the report. My appraisal report is intended to be used by the State of Alaska Department of Transportation and Public Facilities in connection with an acquisition for the above -referenced project to be constructed with the assistance of federal funds. This appraisal report has been made in conformity with applicable federal standards, State of Alaska statutes, regulations, policies, and procedures and with accepted industry practices applicable to valuation of lands for such purposes. To the best of my knowledge, all values that I have assigned to the property are compensable under the established law of the State of Alaska. Values assigned do not reflect a decrease or increase due to the proposed project. Neither my employment nor my compensation for making this appraisal report are in any way contingent upon the reporting of a predetermined value that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event. I have no direct, indirect, present, or prospective interest in the subject property; and I have no personal interest or bias with respect to the parties involved, nor will I benefit in any way from the acquisition of this property. I have not revealed the findings and results of this report to anyone other than the proper officials of the Alaska Department of Transportation and Public Facilities, the Federal Highway Administration, or the Federal Aviation Administration, and I will not do so until so authorized by proper officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. I have performed no services as an appraiser or in any other capacity regarding the property that is the subject of this report with the three-year period immediately preceding acceptance of this assignment. Based upon my independent, unbiased research and analysis, my professional opinion of market value is $2,000 as of June 16, 2021. August 3i, 2021 Brian Bethard, MAI Dale General Real Estate Appraiser (Cert. #281) 7 48 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LIMITING CONDITIONS E.rtraordinaiyassumptions, 2hypothetical conditions,3 and limiting conditions speck to this appraisal are summarized as follows: NIA 2 "An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions." Uniform Standards of Professional Practice 3 "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." Uniform Standards of Professional Practice 49 50 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LOCATION The property is located south of the Seward Airport in Seward, Alaska. There is no street address. The parcel is tidelands/ submerged lands located in Resurrection Bay. LEGAL DESCRIPTION Lengthy Legal- See Title Report TAX ID # None OWNERSHIP City of Seward. PO Box 167 Seward, Alaska 99664 907-224-3331 DETERMINATION OF THE LARGER PARCEL The property owner owns various tidelands/ submerged lands located adjacent the subject; however, while these parcels are contiguous and under the same ownership, they do not have an integrated use. The larger parcel is identified as `large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. PART TO BE ACQUIRED The project requires a Partial Acquisition for an irregularly shaped area that totals 25.395 AC (1,106,206 SF). The subject consists of tidelands/ submerged lands and have no improvements. No Temporary Construction Easements (TCE) or Temporary Construction Permits (TCP) are required. 10 51 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 SUBJECT • • Looking southeasterly at the subject from the Looking southeasterly at the subject from the Looking east at the adjacent uplands to the south View looking southeasterly at the subject from the View looking east at the adjacent uplands to the View looking south near the approximate northwest south of the subject. comer of the subject. 11 52 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 View looking southeast near the approximate View looking south near the approximate northwest View looking east near the approximate northwest View looking east near the approximate northwest View looking south near the approximate northwest View looking east near the approximate northwest comer of the subject and area of acquisition. comer of the subject and area of acquisition. 12 53 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number: 5 SUMMARY OF APPRAISAL PROBLEM Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive, Anchorage, Alaska Attn.: Mrs. Karrico Nichols, ROW Agent Larger Parcel Lengthy Legal- See Title Report* Nature of the Acquisition The project requires a Partial Acquisition Effective Date of Value June 16, 2021 the date of inspection) Part to be Acquired in Fee Gross Area Encumbered by existing ROW 1.106,206 SF (25.395 AC) 0 SF 0.00 AC Net area of the acquisition 1,106,206 SF 25.39 AC Shape Irregular Soils & To o ra h Tidelands/ Submerged lands Structural improvements acquired None Site improvements acquired None With few exceptions° there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (%) of the upland values. Owner Comments The property owner's representative (Jackie Wilde) did not join us on our inspection. Ms. Wilde did not have any specific comments on the project or proposed acquisition. `The larger parcel is identified as 'large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. 4 Exceptions could include established port/harbor districts with a limited supply and shoreline strategic to set netters. 13 54 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 -x RUNWAY \ \\ USS 149 \ \REMAINDER EAST 1/2 \\ USS 722 1 \ GOUT LOT 4 \ Op v I I ` li11111111 LOT USS 9000 I IIIQI .. I 'ATS `X, J 174 RM 19' I T1N, RIW T1S, R1W I O `+ "8.4YEND 1964" � 1 USSD722 1, I I I AIRPORT PARCEL C �--� , BOUNDARY USS 9000 ATS 174 , PARCELS 't m SEE MHW LOT 9eu SHEET 2 LINE USS 9000 i tV RIGHT-OF-WAY REQUIRED 0 5c" 1000 2.CC E FOUND BRASS CAP SCALE IN FEET NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES BIGHT—QF—WAY REQUIRED FOR 0:'NNER'S INITIAL SEWARD AIRPORT A71`ACHE7 TO IMPROVEMENTS PAGE— :F— SATED AKSAS Pr:icc, No. Z545570010 SHEET IOF 3 GROSS TAKE - f NET TAKE - t CRAti''N BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 55 1000, v a MHW LINE �Gv RESURRECTION QP�G N83°44'36"E 389.40' BAY U) w� cn' Z o'. ATS 174 w/ N PARCEL 5 j1' UNSURVEYED 9 w REMAINDER PARCEL B W, t USS 90D0 i / / 930-18! / FOUND BRASS CAP / S86°U4'57-N / / 0 150 300 / AREA REMAINING SCAM B: "TT NOTE: ALL DISTANCES S LIJ RIGHT-OF-WAY REQUIRED ES ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT-OF-WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Proicc: No. Z5t8570000 PACE—CF DATED SHEET 2OF 3 GROSS TAKE - NET TAKE DRAWN BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 15 56 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 THIS FLAT idA E E F THE E T., LI H tE T F THE RIB HT— F—w,, L A H L 9E k E A A A I F ESTA LI HI , ADJOINING E TY LI E A _ E.S. THIS SE=L I` 170;2 ALL ~"WORK CONT41NED ON SHEETS 1 & 2 FOR PARCEL S i 0 A�`4stl Co. 9 �� *: TH ,r .................... MG a ri Narlsau Vs'- ND.11798 ate'/ W POC ENGINEERS 1C28 URORA DRIVE F=IRE.4NKS, AL=,SK.A 99709-5529 PHONE (907) 452-1414 L SHEET 3 OF 3 AKSAS Project No. Z54e570000 PARCEL NO 5 57 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 Before & After Comparison Before Condition — Larger Parcel* After Condition - Remainder Area of the larger parcel NIA (large) NIA (large) Encumbered by existing ROW Net area NIA (large) NIA (large) Existing use or probable use Vacant tidelands/ submerged lands Same Easements Section lines bisect the subject. The Same reservations are for 33' & 50' in width on each side of the section lines. Access Boat access: Vehicular access for the Same adjacent uplands ranges from poor to good. Utility availability Electricity is available in the area Same Topography and soils Tidelands/ submerged lands. The Same adjacent uplands are primarily level and cleared with portions of classified wetlands and locations in a floodway boundary. Suitability (deficiencies if any) Suitable for recreational uses. Same Effect of the acquisition For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Measure of value I The market value of the acquisition is measured as the value of the part acquired as a part of the whole. *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 17 58 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 PURPOSE OF THE APPRAISAL 1) Thep uipose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Uniform Standards of the Professional Appraisal Practice as follows: 'The most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: i) Buyer and seller are typically motivated; ii) Both parties are well informed or well advised, and both acting in what they consider their own best interests; iii) A reasonable time is allowed for exposure in the open market; iv) Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and v) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." 2) The purpose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Alaska Supreme Court, as follows: The price in (terms of) money that the property could be sold for on the open market under fair conditions between an owner willing to sell and a purchaser willing to buy, with a reasonable time allowed to find a purchaser. State v. 7.026 acres, Sup. Ct. Op. No. 601 (File No. 1106), 466 P.2d 364 (1970). The opinion further reads, in part: The highest and most profitable use for which the property is adaptable is to be considered, to the extent that the prospect of demand for such use affects the market value while the property is privately held." Fair market value is normally based on a parcel's fee simple value. INTENDED USE OF THE APPRAISAL The function of the report (intended use) is to provide a market value estimate for compensating the property owner for the acquisition of property rights acquired according to the Alaska Constitution, Article 1, Section 18, Eminent Domain, which reads, in part, "Private property shall not be taken or damaged for public use without just compensation." INTENDED USER(S) The intended users include the client, the property owner, and appropriate regulatory agencies. 18 59 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20xx Parcel Number. 5 SCOPEOF •' Data sources and the steps in the appraisal development process are summarized: PROPERTY DATA The client identified the property and provided a title report, a right-of-way (ROW) map set and parcel plat of the proposed partial acquisition. Brian Bethard, MAT viewed the property on June 16, 2021. The property owner's representative, Jackie Wilde was contacted, but did not join him on the inspection (See Addenda- Owner Contact). AREA DATA In order to identify significant trends and indicators, I spoke with local property owners, real estate agents, and appraisers. I also reviewed various publications, reports, and surveys including the Alaska Dispatch News and Alaska Economic Trends. MARKET ANALYSIS Demand is inferred from general market conditions and the available data. MARKET DATA Alaska is a nondisclosure state. The FLEX Multiple Listing Service (MLS) is the primary source of data. Secondary sources include real estate brokers/agents and other appraisers. APPRAISAL DEVELOPMENT The property is vacant Iand (tidelands/ submerged land); the cost and Income approaches are not applicable. I developed my opinion of value by the sales comparison approach. With few exceptions5 there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. The subject larger parcel is classified as 'large'. The exact acreage has not been determined, but it encompasses the tidelands at the head of Resurrection Bay. For the purpose of this analysis we recognize a 160 acre unit of comparison. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (°{o) of the upland values. APPRAISAL REPORTING The report is intended to comply with the reporting requirements for an appraisal report as set forth under Standards Rule 2-2 of the USPAP. It presents summary discussions of the data, reasoning, and analyses that were used to develop the appraiser's opinion of value. The data presented and the depth of discussions are specific to the client's intended use. 5 Exceptions could include established portiharbor districts with a limited supply and shoreline strategic to set-netters. 19 60 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number. 5 PART III - PRESENTATION OF DATA 20 61 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 MARKET AREA ALASKA Economic Outlook Alaska shed 27,200 jobs last year, dropping employment to 2003 levels. Before the pandemic, Alaska had weathered a long statewide recession followed by a single year of weak growth. Absent another shock, we'll recover some of the lost jobs this year with a forecasted gain of about 8,600, but it will take several years to regain 2019's job levels.6 Government and oil will continue to cut jobs in the short term, but all other industries will hold steady or begin to rebound. The industries likely to grow the most in 2021 will be those that suffered the steepest losses in 2020. Leisure and hospitality lost more than any other sector in 2020 (-9,600 jobs) because the tourist season never materialized. It will add about 3,500 jobs this year. Another casualty whose recovery depends on visitors returning is the transportation, warehousing and utilities sector, which lost 3,600 jobs and might recoup just under half of them this year. Clouds remain on the horizon as a crippling year ends. Long-term state budget and revenue problems remain unresolved, oil prices are forecasted in the mid-$40s, Alaska's population has been dropping since 2017, and we've lost more movers than we've gained for the last seven years in a row. This year's success also hinges on several factors yet to be determined. The pandemic isn't over, and the timing and success of widespread vaccination will be a major determinant of 2021's course. Schools haven't reopened yet, the tourist season is up in the air, especially for cruise ships, and questions linger about people's appetites for traveling and shopping.' Population More than 60% of Alaska's population resides in the south-central region that includes the Matanuska-Susitna Borough (MSB), Kenai Peninsula Borough (KPB) and the Municipality of Anchorage (MOA). Historic population data is summarized in the following table: *1990 *2000 `2010 ""2019 %A over 29 years Anchorage 226,338 260,283 291,826 291,845 29% Mat -Su Borough 39,683 59,332 88,995 106,438 168% 0 Palmer 2,866 4,533 5,937 9,284 224% • Wasilla 4,028 5,469 7,831 8,736 117% Kenai Peninsula Borough 40,802 49,691 55,400 58,936 44% • Kenai 6,327 6,942 7,100 7,056 12% • Soldotna 3,482 3,759 4,163 4,233 22% • Homer 1 3,6601 3,946 1 5,003 5,478 50% • Seward 1 2,6991 2,830 1 2,6931 2,545 -6% * U. S. Census " Alaska Department of Labor Estimates 6 Karinne Wiebo►d, Alaska Economic Trends, January 2021 7 Karinne Wiebold, Alaska Economic Trends January 2021 21 62 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 A!P 3-02-0259-XXX-20XX Parcel Number, 5 As of July 1, 2020, Alaska is estimated to have 728,903 residents, the lowest figure since July 2011. Alaska's population has declined for four consecutive years, the longest string of declines since modern recordkeeping began in 1945. According to the state data, 8,873 more people moved out of the state than moved into it between July 1, 2019 and July 1, 2020. It's the eighth year in a row that emigration outpaced immigration. Birth rates fell and death rates plateaued during the same period, leading to a decline in "natural increase," which is at its lowest level since 1968.8 KENAI PENINSULA BOROUGH The Kenai Peninsula extends from Southcentral Alaska toward the Gulf of Alaska along Cook Inlet. The area can be accessed by the Sterling Highway, a paved two-lane highway that connects with the Seward Highway which extends north to Anchorage. The Kenai Peninsula Borough (KPB) encompasses all of the Kenai Peninsula and includes lands located across Cook Inlet. Borough functions include tax assessment and collection, education, planning and zoning, solid waste disposal, hospitals, fire department, and recreation. The population is estimated at *58,471.9 The KPB encompasses all of the Kenai Peninsula and includes Iands located across Cook Inlet. The cities of Kenai and Soldotna are the business centers for the region. Kenai, on the east shore of Cook Inlet, is the principal commercial fishing and processing center. Soldotna, located approximately seven miles inland along the Kenai River, is the seat of the Borough government, location of the Central Peninsula Hospital, and Kenai Community College. The Kenai River is 82 miles long and runs from Kenai Lake through the Kenai National Wildlife Refuge and Skilak Lake to its outlet in Cook Inlet. The river is the primary outdoor attraction of Southcentral Alaska and is a significant resource in terms of seasonal industries: commercial fishing and a growing commercial recreation industry. The regional economy is increasingly diversified and continued slow growth is projected. Offshore and some onshore oil and gas production contributes to the economic base. COVID-19 UPDATE December 2020 Deteriorating economic conditions attributed to both the recent crash in oil prices and the COVID• 19 pandemic can be expected to influence local real estate market conditions. However, at this time, there is no evidence of seller/Iessor concessions. 8 Alaska's population drops for the 41' year in a row, extending record losses. Anchorage Daily News- January 7, 2021 9 Alaska Department of Labor and Workforce Development population estimates reported in the Alaska Dispatch News — January 10, 2019 22 63 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 NEIGHBORHOOD ANALYSIS GENERAL The general neighborhood is referenced by the Seward Airport. The NEIGHBORHOOD port/harbor district is Iocated to the southwest. The Seward CBD is located f2.5 miles to the south. Access Access is good via a network of fully improved arterials. Utilities Water, sewer, electricity and telephone. Services Police, fire protection and road maintenance are provided by the City of Seward. Refuse service is also available. Land Development The area is roughly 50% developed with a variety of industrial uses. Externalities Positive: General compatibility and synergy. Negative: The area on the north side of Seward adjacent to the Resurrection River is located in a Aoodway. Because different districts are suitable for different uses, these conditions tend to be offsetting. In any case, the net effect is accounted for by the data analyzed. 23 64 Seward Airport Appraisal Services Project Number- 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number, 5 IMMEDIATE NEIGHBORHOOD HPI * SAP I R �t rein ��Ir + i I , SUBJECT k ^k Ii The subject is located on the north side of Resurrection Bay. Adjacent Properties: North: Seward Airport South: Resurrection Bay East: Nash Road West: Seward Harbor/ Alaska Railroad Suitability: The neighborhood is referenced by the north side of Resurrection Bay. Uplands are suitable for users or investors. 24 65 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-2oXX Parcel Number. 5 l • Location: The property consists of tidelands/ submerged lands at the north end of Resurrection Bay. Legal: Lengthy Legal- See Title Report Access: There is no road access to the uplands on the north of the subject. The City of Seward infrastructure is located west of the Alaska Railroad on the west side of Resurrection Bay and Nash Road is located on the east side of the Bay. Land Area: Gross: *Large Existing ROW: (0.00 AC) Net: *Large *See Highest and Best Use: Determination of the Larger Parcel Shape: The shape is irregular Utilities: Available utilities in Seward include electricity, telephone, sewer and water. Electricity and telephone are located adjacent at the Seward Airport. Public sewer and water are not immediately available. Topography: The topography of the uplands is level and partially treed. Areas consist of tidal influenced wetland ponds and gravel bars that have been cleared/eroded by a channels of the Resurrection River. A topography map is on the following page. The subject parcel is 100% tidelands/ submerged lands. 25 66 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 All M2-0259-XXX-20XX Parcel Number: 5 { r � r G Irp rt ,• �1- ff • • SUOUECT N `}7 R �!=;��t��t �..:; •'•••fit �Z{.. � `' i;;...I'�: �+ •.•�••ai •~�:ii•. i•f �.iMa •••N .•tea a..�ai ate.• .•.h ,••••:•?':et Soils: A soils report was not provided. According to the US Survey notes for an adjacent U.S. Survey 722, upland soils consist of loam sand and gravel. Environmental: We were not provided with a Phase 1 Environmental Site Assessment report for the subject. We are not aware of any environmental issues affecting the property. It is an extraordinary assumption of this report that the subject is environmentally clean. 67 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0250-XXX-20XX Parcel Number: 5 Flood Zone: The uplands are located within a Special Flood Hazard Area subject to inundation by the 1% annual chance of flood. 10 :" Lf ZONE" a i- f 020113 (� 4 ZONEAEt ;— 3 o+ �, 7tttY17t�Yw4 �il F; ZONE AE' jt• zoi�EVE }�} t 4w.. ZONeAE e C'trt Arstwi ' S r[IN FAF ZONE YE i ZONE AO 0 11%, t4- aryl te;(I1.15 10 FEMA Flood Map Service Center https://msc.fema.ciov/portal 27 68 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 The Kenai Watershed Forum (KWF) Wetland Assessment shows areas of Tidal and Riverine wetlands on the subject while the National Wetland Inventory Map shows areas of Estuarine and Marine Wetlands. Kenai Peninsula Borough, Wetland Assessment - Tidal and Riverine Wetlands The wetland determinations are similar. Absent a United Stated Corp of Engineers (USCOE) Jurisdictional Determination, what is permissible, possible and feasible is unknown. The uplands do not appear to have usable area, outside of the wetlands delineations. 69 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02.0259-XXX-20XX Parcel Number. 5 Easements: The provided title report indicated section lines bisect the subject. The reservations are for 33' and 50' in width on each side of the line. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. Zoning The site is unzoned. Surrounding uplands are either zoned Resource Management - (RM)i or Industrial (I). The City of Seward Code defines Resource Management as "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration." Unzoned is defined as "Light, heavy or industrial park land uses, and utility transportation land uses." Reservations/ Reservations in the State of Alaska Patent for the subject are noted in the Encumbrances: title report. According to the title report, `Said patent, among other things, reserved all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities.' It is noted that title to the mineral estate, as it pertains to the reservation, has not been further searches and no insurance is provided under the policy. Rights to the public and governmental bodies to Iand lying below the high and low water mark of any water source are also allowed. Conclusion/ The parcel is located in the city of Seward in Resurrection Bay. The Suitability surrounding uplands have marginal access and wetlands limit utility. Given these conditions, the most probable use is for recreation/speculation. IMPROVEMENTS None SPECIALTY ITEMS, FIXTURES, AND TENANT -OWNED IMPROVEMENTS None PROPERTY TAXES None 29 70 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 TEN YEAR SALE O. Sales of the subject must be reported and analyzed as comparable data. The appraiser must include sales that occur subsequent to the title search. Include "arms -length" sales of the subject in the comparable data section. Property History: There have been no sales of the subject in the last ten years. SALES of the SUBJECT. (if no transaction within last 90 years, check ® NONE) DATE OF SALE: TERMS: DATE RECORDED: GRANTOR. - GRANTEE: INTERVIEWED; COMMENTS: Date: June 16, 2021 SALE PRICE: INSTRUMENT: DOCUMENT YEAR: DOCUMENT NO: DATE CONFIRMED: Verified By: Brian Bethard, MAI 30 71 Seward Airport Appraisal Services Project Number. 25202065/ ZW5700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 DESCRIPTION OF THE ACQUISITION AND REMAINDER OF THE PROPERTY See Summary of the Appraisal Problem. 31 72 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART IV - ANALYSIS OF DATA AND CONCLUSIONS 32 73 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number. 5 MARKET ANALYSIS Exposure Time may be defined as "the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." 11 The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Marketing time is also a function of the amount and quality of the available inventory, asking prices and investor requirements. General Market Conditions Because the Multiple Listing Service (MLS) 10-year Comparison Report does not distinguish between vacant land types, it is only indicative of general trends. Over the last five years, activity (# number of transactions) and market exposure times (days on market [DOMD has remained relatively the same. 10-year Comparison Report Property Type Land Area 365 - Seward - Cooper Landing Construction Type Existing and New Construction Year # Sold Avg. List Price % Ust Price Avg. Sold Price % Sold Price Avg. DOM Change Change 2011 9 $53,090 NA $47,633 NA 312 2012 11 $80,213 51.35% $76,018 59 59% 311 2013 13 $108,492 35.25% 596,819 27 36% 267 2014 19 $39,576 -63 52% $35,284 155 2015 17 $86,549 118,69% S78,505 122 49% 232 2016 25 $57.989 -33 00 $50,552 �1. l 1 217 2017 14 $76,100 31 23% S69,257 37 00% 296 2018 26 $68,084 15.75% $75,674 9.27% 310 2019 24 $85,355 -310% $76,185 0.68% 232 2020 14 $59,125 -30 73% $54,425 -28 56mo 253 Note: The data is only useful to establish an active and competitive market. Properties vary significantly in size and location. Averages can be misleading and are not suitable for direct comparison. 11 Source: Appraisal Standards Board Statement 6 and Advisory Opinion G-7. 33 74 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 DETERMINATION OF THE LARGER PARCEL Project materials provided indicate the parcel size as Large. Except for a couple of agricultural submarkets, the largest Alaska properties traded with any regularity do not exceed 160 acres. For the purpose of the appraisal, our analysis recognizes a 160-acre unit of comparison. HIGHEST AND BEST USE "AS VACANT" Highest and Best Use is defined in the 1411, Edition of the Appraisal ofReal Estate, Appraisal Institute, as "the reasonably probable use that results in the highest value." Permissible Use Legal restrictions can include public restrictions (zoning), private restrictions (conditions, covenants, & restrictions [CCR's]), plat notes, and easements. Puhlic Restrictions The property is located in the city of Seward, however, it is not subject to any zoning. Adjacent uplands are zoned resource management and industrial. Resource management is a liberal classification that permits probable uses of peripheral lands. Private Restrictions & Plat Notes No private restrictions were reported. Easements Section line easements are noted in the title report. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. In summary, the parcel could be developed with any physically possible, financially feasible use. The section line reduces the usable area. Possible Uses The parcel is located in Resurrection Bay and adjacent the Seward Airport. Electricity is available and while boat access is available, the depth of the tidelands in the area would limit boat size/type. Given these conditions the most probable use (excepting the proposed project) is for recreation or speculation. Feasible Use Given the local economic conditions and the physical characteristics of the property, the parcel does not appear to be suitable for any financially feasible use. Maximally Productive Use Absent possible financially feasible uses, the highest and best use is for recreation or speculation. 34 75 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20Xx Parcel Number. 5 L LAND VALUATION Sales comparison is the most common technique for valuing land and it is the preferred method when comparable sales are available. Elements of comparison include: 12 • Property rights . Physical characteristics • Financing terms z Zoning • Conditions of sale (motivation) ➢ Utility availability • Expenditures immediately after purchase ➢ Access • Market conditions (sale date) D Location Z Soils and topography Size D Shape SUMMARY OF COMPARABLE SALES Comparable sales selected for comparison are identified in the following table in ascending order by size. The analysis recognizes a price -per -acre unit of comparison. No. Address/Location Status Date $ AC $1AC Sub]. Resurrection Bay; Adjacent Airport & Resurrection River N/A N/A N/A 160.00" NIA 3857 NSN Riverside Drive; Adjacent Resurrection River Expired 7-03 $10.000 22.99 $435 3145 1711 Darrell Street; Head of Resurrection Bay 8 Resurrection River Sold 1-08 $115,000 62.00 $1.855 3858 2011 Sharon Avenue; Adjacent Airport and Resurrection River Expired" 7-09 $100,000 71.88 $1,391 3859 110 Aialik Street; Base of Mt. Marathon Sold 5-13 $80 0000 49.85 $1,605 3252 NSN Bayshore Drive; Off of Nash Road Sold 7-16 $185,000 39.78 $4.651 'The subject is'large'. A 160 acre unit of comparison is utilized for the analysis. — The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 12 The Appraisal of Real Estate.14th Edition, Appraisal Institute 35 76 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number 5 METHODOLOGY The subject is 100% tidelands/ submerged lands and is classifies as 'large'. It encompasses the tidelands surrounding the head of Resurrection Bay. No comparable sales are available. The unit of comparison is recognized as 160 acres. The value of the subject tidelands/ submerged lands is established based on a fraction of adjoining upland value. The adjoining uplands are characterized as low, wetlands with poor access and limited development potential. DESCRIPTION OF THE COMPARABLES The comparables are identified in the previous table and on the map. The property characteristics are summarized in the following comparison grid. Details are presented in the Addenda. RELATIVE COMPARISON ANALYSIS The following relative comparison analysis recognizes a per -acre unit of comparison. The indicated unit values are already adjusted to a cash equivalent value (if required) and for expenditures immediately after purchase (e.g. demolition or the cost -to -cure known defects/deficiencies). All of the comparables reflect arm's length sales/acquisitions. Atypical motivations, if any, are recognized in the reconciliation. We correlated various inequalities with quantitative and qualitative adjustments. QUANTITATIVE ADJUSTMENTS Market Conditions In general, the data does not support reliable quantitative adjustments for market conditions (time). Evidence of change (if any) is weighed in the final reconciliations. Size The data confirms the general trend: unit price decreases as parcel size increases. An analysis presented in the addenda develops quantitative adjustments that we distributed according to the following schedule. Rough interpolations are used to correlate sizes other than those listed in the table. If the unit of comparison Is: and the comparable's area is adjust the comparable 160 acres 20 acres - 65% 160 acres 40 acres - 50% 160 acres 80 acres - 25% 80 acres 40 acres - 20% 40 acres 80 acres + 25% 80 acres 160 acres + 33% 40 acres 160 acres + 100% 20 acres 160 acres + 186% Access Adjustments for access are supported in the addenda. Briefly, comparables with dedicated access are correlated with a downward adjustment of 25%. Electricity Comparable data (see addenda) indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing 77 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 factors to impact value, we conclude at the low -end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is f25°/o. QUALITATIVE ADJUSTMENTS Because buyer preferences and evaluation criteria are not universal, reliable percentage or dollar adjustments for various other physical characteristics (e.g., location, restrictions, soils/topography, other [amenity] etc.), cannot be isolated from the data available. We correlated other inequalities with qualitative adjustments (superior, inferior, approximately equal). COMPARATIVE ANALYSIS I correlated the comparables in the following relative comparison anaijsis grid. An overall net adjustment (<, >, f) is applied to develop value indicators on the bottom line. 37 78 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 RELATIVE COMPARISON GRID Com arable # SUBJECT 3857 3145 3858 1 3859 3252 Address Resurrection NSN Riverside 1711 Darrell 2011 Sharon 110 Aiatik Street NSN Bayshore 1 Bay Drive Street Avenue 1 Drive I Status We I Exoired Sold Expired* Sold Sold CEV $1AC We $4351AC $1.8551AC $1,3911AC I $1,6051AC $4.6511AC Quantitative Ad ustmants Market Conditions 6-21 7-03 1-08 7/09 5113 7/16 No ad;. No ad). No ad . No ad°. No adj. Adjusted $lAC $4351AC $1,855/AC I $1,3911AC $1,6051AC ! $4,6511AC _ _I Size 160.00 AC 22.99 AC 62.00 AC 71.88 AC 49.85 AC 39.78 AC -65% -35% -30% -50% -50% Access Oceant poor River River/Trail River Dedicated Road Dedicated Road 0% 0% 0°% -25% -25% Utilities Electricity None None None Electricity Electricity adjacent +25% 1 +25°% +25% adjacent ad acent Net Access Ad]. I 40% -10% .5% -75% -75% Ad usted $lAC $2611AC $1,6701AC $1,3211AC $4011AC $1.1631AC Qualitative General Location Resurrection Adjacent Head of Adjacent Airport Base of ML Nash Road Bay Resurrection Resurrection & Resurrection Marathon River Bay & adjacent River Resurrection River Neighborhood Airport and Vacant, Vacant, Mixed -Use: Residential Mixed -Use rural Mixed -Use unimproved unimproved Industrial to the j neighborhood tideland/river tideland/river oceanlriver north, airport fronting acreage fronting acreage fronting acreage westisouth and river to the east Slightly Slightly Approx. = Slightly Slightly I inferior inferior superior su erior Solis and Topography I Uplands are Generally level Ranges from _ Bulk of acreage Steep and Fairly level and generally level and heavily low-lying marsh is the heavily treed, wooded. Upland and partially treed, Located area to level Resurrection adequate soil, soils appear treed; Located within floodplain vegetated River. Portions there appear to adequate; % within floodplain with areas of areas. There heavily treed on be building wetlands with areas of wetlands and are several the east and sites. (includes flood - wetlands, tidal Influence sloughs and south, there zone; (here sloughs and Sloughs bisect; waterways appear to be appear to be ponds; there there appears to meandering building sites, building sites. appears to be a be a building through the building site. site. parcel, there appears to be several suitable bldg. sites Approx. = APProx. = Approx. = Superior Superior Zoning Resource Resource Mgmt. J Resource Mgmt. Resource Mgmt. Resource Mgmt. Un-zoned Mgmtl Industrial Approx. = Approx. = Approx. = Approx. = Slightly I superior Shape Irregular Rectangular Rectangular Primarily Primarily Slightly Irregular Rectangular Rectangular Slightly Slightly Slightly slightly Approx. _ superior superior su erior superior Other None 7 lots not all None Expired listing- Scheffler Creek None adjoining. Bulk later donated to adjacent of acreage is on the KPB for $1 1 lot. and closing Expired listing costs Approx. = Approx. = lrferinr .Approx. = I AaErox. _ Indicated Unit Value I $lAC > $2611AC < $1,6701AC $1,3211AC < $4011AC 1 < $1,1631Ati " The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 38 79 Seward Airport Appraisal Services ProJect Number: 25202065/ Z5485700001 Alp 3-02-0259-XXX-20XX Parcel Number. 5 Reconciliation The data generates a range of adjusted unit values of adjacent uplands from $261/AC to $1,670/AC. The relative market position of the subject is isolated in the following table. Comp. # $/AC Reconciliation 3145 ♦ $1,670 Superior for shape 3858 ♦ $1,321 Expired un-sold listing. The parcel was donated to the KPD for $1 and closing costs in 2015. 3252 ♦ $1,163 Most recent sale, superior for location, topography/soils and zoning. 3859 ♦ $401 Clearly superior. Subject 3857 ♦ $261 Expired un-sold listing, but dated sale. Summary The subject is bracketed towards the lower -end of the overall range. The unit value established at the bottom of the range is an unsold, expired listing with inferior qualities. While the upper -end of the narrowed range is superior for nearly all characteristics, but the topography is problematic for development (no improvements have been constructed). Absent any more definitive data, a unit value near the middle of the narrowed range is appropriate. Giving approximately equal weight to both ends of the narrowed range, the market value of the adjacent uplands is fairly represented at $300/AC. TIDELANDS/SUBMERGED LANDS RATIO ANALYSIS The Alaska Department of Natural Resources distinguishes between submerged land13 and tidelands. i r With few exceptions15, there is no competitive market for submerged lands or tidelands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or Iessee, the principal substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. The utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands. On that basis, the market generally recognizes that the value of tidelands/ submerged lands is a fraction of the upland value. For example; the City of Kenai recognizes their tideland values at 25% of the upland values. The City of Valdez recognizes ratios from 20% to 30%. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific ports/harbors. Regional dataiG from which to measure the relationship is inadequate. I relied on ratios 13 AS 38.05.965(22) defines "submerged land" as land that is "covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may hereafter by property claimed by the state". (Note: "further" used incorrectly in statute language). 14 AS 38.05.965(23) defines "tidelands" as land that is "periodically covered by tidal water between the elevation of mean high water and mean low water." 15 Exceptions could include established port/harbor districts with a limited supply and shoreline segments strategic to set-netters. 16 Includes southwest Alaska, the Alaska Peninsula, Aleutian Islands and the Pribablof Islands. 39 80 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is in the Addenda. Briefly, the factors range from 9% to 31% but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency; a median of 25% and a mean (average) of 23%. Acknowledging the nature of ratio development and distinguishing between tidelands and submerged lands, I applied 25% in the following calculations: Allocation of Adj. Upland value to the wtrfnt AC $300/acre Submerged land value as a % of the Adj. X 25% Uplands Indicated unit value for submerged lands $75/acre 90 81 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 SUMMARY - VALUE OF THE WHOLE PROPERTY The whole property value is calculated as follows: Land value NIA* Indicated contribution of the improvements in the area of the acquisition $0 Indicated whole property value (rnd.) NIA` *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. VALUE OF THE ACQUISITION AS A PART OF THE LARGER PARCEL The gross and net area of the acquisition is 25.39 AC. At $751AC, the indicated value of the part taken — as a part of the whole — is calculated as follows: Part to be acquired in fee (net) Price per acre 25.39 AC $751AC Indicated value of the land to be acquired in fee* $2,000 rounded upward to the nearest $100 Indicated contribution of the improvements in the area of acquisition Indicated value of the acquisition as a part of the whole DESCRIPTION OF THE REMAINDER $0 $2,000 After Condition The remainder physical characteristics are generally the same as in the before condition. Highest and Best Use The effect of the acquisition is simply a reduction in area. The highest and best use in the after condition is the same as in the before condition. 41 82 Seward Airport Appraisal Services Project Number. 2520206512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 VALUE OF THE REMAINDER AS PART OF THE WHOLE Indicated value of the whole NIA* Less: Value of the acquisition as part of the whole 2 000 Indicated value of the remainder as part of the whole NIA* VALUE OF THE REMAINDER AS AN INDEPENDENT PARCEL The value of the remainder as an independent parcel is not less than its value as a part of the whole. For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Indicated value of the remainder as an independent parcel: NIA* *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 42 83 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number, 5 1. Land acquired (fee interests) $2,000 2 + Improvements acquired $0 3. + Net damages $0 4. +Cost -to -cure $0 5. +Permits acquired (TCP) $0 6. +Easements acquired $0 7. +PLO or section line easements acquired $0 S. +Any other interests acquired (TCE) $0 9. Total Market Value of Acquisition $2,000 43 84 ADDENDA 44 85 The property owner's representative, Jackie Wilde was contacted via phone (907-224-4048) and email (jwild&if icityofseward-net) on June 14, 2021 and a meeting time/place was made. Ms. Wilde did not join us on the inspection. An `Opportunity to Accompany' form was dropped off at her office after the inspection; however, the form was not returned. Ilan 6A4,1.m.t 490 Hd Ryan McGillivray <bsr@ak.net> Appraisals• City of Seward na •yxwo<tah..r.d.nar You horwarded INS message on 61171=111X27 AM. Mrafagr a' QW.I Ay la k—Mar7.d— 06 IM 'i 2142nd9d P-1 Kd oW .-JW gal Hi Jacki, I left you a valcemail just now but thought I'd fo'tow uo wlth an email Our company will be appraisirg a couple of parcels owned by the City of Seward. We'n be there an Wednesday inspecting them The first appriaal we are working an is for the State of Alaska Seward Airport Improvement project The parcel comprised of tidelands bated much of the Seward Airport described as Alaska Tideland Survey 374• East 11 dd Section 2 and a portion in Section 3 bounded on the West by Parcels Band C U.S. Survey 9000.1 have attached a parcel plat {Parcel Sl as well as an opportunity to accompany farm the State of Alaska asks us to provide in our appraise s. We are completing the second appraisal is for Chugachman The parcel Is a proposed 3.31 acre portion of an 11 acre lot IItPB 100 14502W7, tot 7A, Fort Raymond Subdivision Re - plat 41 in TIN, R1W. S34, SMI. This appraisal Is to assist Chugachmnrt with an evaluation for a proposed acquisition. The purpose of this email is to offer the opportunity to join man these Inspection as well *sic comment on the respective projects, each properties ettribndes, other condrwna that might Influence their values and to provide any meaningful market data. . Just got off the phone with you. Thanks for the call ba; k. We'll see you at 11:30 on Wednesday. How about we meet at the cukde-sae located an the north side of the airport. We will being brown suburbann. Thanks, Ryan Ryan Mr Gillivni Appraiser Cock•Smith, BetfarcI & Cadson 45 86 SIZE ADJUSTMENTS Given the limited data availability in most remote locales, comparables significantly larger or smaller than the subject are often among the most relevant. Market data confirms that unit price decreases as parcel size increases. Price/size relationships are suggested by size trend analyses.17 Sales are rarely identical in all respects other than size. However, the market does not support reliable adjustments for other physical inequalities so that the impact of size can be isolated. Nevertheless, a sufficient quantity of data can generate a reasonably reliable range of adjustments. The following comparisons are based on general location but not adjusted for other inequalities. Re Re lationship of ±40 acres to ±160 acres Source Data Location Date Acres $/AC %IAd . BIA ILI 55 Copper R., L. Iliamna 9/96 50.01 $1,600 BIA ILI 52 Copper River, Lake Iliamna 7/99 159.99 $963 -40% BIA ILI 1776 Pedro Bay, Lake Iliamna 4/03 39.93 $2,004 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11/03 159.96 $1,094 -45% BIA BRB 1904 Agulaowak R. & L. Aleknagik 10/03 38.37 $3,336 BlA BRB 86 A ulukpak R. & Beverly L. 6/98 158.95 $1,887 -43% BSBC 466 Fish Cr., near Kotzebue 3197 47.75 $1,500 BSBC 465 Noatak River near Kotzebue 3/96 129.99 $808 -46% j BIA BRB 2037 Left Bank of Nushagak River 9-04 39.99 $4,626 BIA BRB 1 Left Bank of Nusha ak River 8-02 120.00 $2,000 -57% Source Data Location _ Date Acres $/AC %lAd� BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2710 N. Shore Lake Clark 7-08 134.97 $1,400 -54% BIA LCK 2921 NW Share Lake Clark 2-09 155.07 $1,999 -33% ationshin of ±40 acres to ±80 acres Source Data Location Date Acres $/AC %/Adj. BIA LCK 106 Lake Clark 9/99 40 $2,125 BIA LCK 4623 Lake Clark 1/98 79.96 $1,601 -25% BIA LCK 107 Lake Clark 8/99 79.97 $1,050 -51% Source Data Location Date Acres $/AC %/Adj. BSBC 954 Holitna River near Sleetmute 7/98 39.97 $1,226 BIA YKD 4959 Yukon R. near Marshall 10199 39.98 $875 BIA KSM 5279 KukokWm R near Medfra 3/99 79.99 $500 -59% -43% 17 The data is supplemental. Details are not presented in the addenda. 46 87 Kei Source Data Location Date Acres $lAC 9/6/Adj. BIA YKD 4805 Yukon River 8-98 39.98 $638 BIA YKD 4453 Yukon River 10-98 79.98 $481 -25% BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2715 N. Shore Lake Clark 8-08 79.97 $2,001 -33% 143MJ110111 Vt .LUV 42W=0 lV .6t UV 0%.I C-7 Source Data Location Date Acres $/AC %/Adl. BIA INT 5051 Nowitne R. near Ruby 11/99 80.00 $913 BSBC 952 Nowitna R. near Ruby 6/03 79.96 $875 BIA NTS 4829 Unalakleet R. 11/99 79.74 $692 -47% BIA INT 5154 Yukon River near Ruby 12/00 160.00 $486 -45% -30% Relationship of ±100 acres to ±160 acres Source Data Location Date Acres $/AC 0/6/Adj. BIA BRB 1794 Chikuminuk Lake 1/04 109.98 $2,100 BIA BRB 1989 Togiak Lake 7/03 159.96 $1,625 -23% BIA BRB 617 Alagnak River 3-05 119.97 $1,792 BIA KSN 2304 Alagnak River 6-06 159.98 $1,200 -33% BIA ILI 2503 Hat Island, Lake Iliamna 2-08 105.11 $1,475 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11-03 159.96 $1.094 -26% Summary Again, the sales are based on general location but not adjusted for various inequalities. Nevertheless, the number of pairs adequately establishes that the market recognizes a general range of discounts (downward adjustments) for each size increment. For the purpose of our appraisal, the range is distributed as follows: If the unit of and the comparable 's adjust the comparable comparison is: area is 160 acres 20 acres -65% 160 acres 40 acres -50% 160 acres 80 acres -25% 80 acres 40 acres -20% corresponding upward adjustment 40 acres 80 acres +25% 80 acres 160 acres +33% 40 acres 160 acres +100% 20 acres 160 acres +186% " Rough interpolations are used to correlate sizes other than those listed in the table. 47 88 Valdez Area Safes In the following table, sales in Robe Lake Subdivision are compared with sales in Lowe River Subdivision. The locations are generally similar but Lowe River Subdivision is across the river from the Richardson Highway. Data # Subdivision # Sales Access Date $/AC Adjustment 914 ROBE LK 4 sales Gravel AVG. 97-2000 $5,987 1 915 LOWER 2 sales None AVG. 99 $1,459 - 76% The indicated adjustment is overstated because Robe River also has phone and electric service. Rural Fairbanks Sales (Near Standard Creek Road) Similar sized lots on or near Standard Creek Road that are +/- 20 miles SW of the pipeline, with similar dates of sale are compared in the following table. Data # Legal/Location Acres Access Date Price Adjustment MLS# TL 1307 Standard 40 Gravel road 7108 $55,000 100406 Creek Road 2287 '/• mile NW Standard 40 Trail 8108 $32,500 - 41% Creek Road 2310 2.5 mile NW Standard 40 Trail 5107 $27,500• - 50% Creek Rd. Mean $30.000 - 45% Adjustment overstated due to inferior wetlands. McCarthy Sales Similar sized Iots in McCarthy Creek Subdivision that exhibit similar topographical features are compared in the following table. Data # McCarthyCr. Acres Access Date Price Ad ustment 907 L1/B5 9.6 Gravel road 1/99 $24,102 908 11-4/133 9.8 Gravel road 3/97 $27,000 Mean $25,550 909 1-9/2 10.2 Overgrown trail 11/01 $19,000 910 L61B5 9.2 Overgrown trail 12/98 $23,000 Mean 1 $21,000 -18% The sales in McCarthy Creek subdivision indicate an adjustment of —18% for parcels with improved access compared to those accessed via a trail. Fox (North Fairbanks) Sales This pair consists of two similarly sized parcels outside of Fox, Alaska, near the junction of the Old Steese Highway and Goldstream Road. Data # Legal/Location Acres Access Date $IAC Adjustment 911 Goldstream Tax Lis 147 8 148 22.736(paved) 6/97 $2,000 912 No improved Tax Lot 130 17.986 access 11196 $1,750 - 13% 48 89 This pair indicates an adjustment of approximately -13%. The adjustment is arguably understated because the adjoining owner purchased the site lacking access. Northwest Rural Fairbanks (Near Murphy Dome Rd) Sales This pair consists of two similarly sized parcels outside of in rural Fairbanks, near Murphy Dome Road approximately 17 miles SW of the pipeline. Data # Legal/Location Acres Access Date $!AC I Ad ustment - gym..._ $1,819 2295 5535 Cashe Creek Rd 38.48 Cashe .Creek Rd.(paved) 5109 2293 Tax Lot 2003 40.00 No i 4/08 $900 - 51 messed The adjustment is overstated due to a portion of #2293 being impacted by a meandering creek. Eagle, Alaska Sales Two similar sized parcels near Eagle Alaska are compared below. Data Legal Acres Access Date $lAC Ad ustment 811 Lot 6, USS 8696 39.94 1 Taylor Highway 6/00 $1,002 913 Lot 7, USS 8671 39.97 1 Boat/Snowmachine 11100 $751 - 25% This pair indicates a difference of -25%. The adjustment is understated because the site with no road access has the amenities of being located on the Yukon River. Homer, Alaska Sales Two similar sized parcels near Homer Alaska, on Kachemak Bay are compared below. Data Legal Acres Access Date $/AC Adjustment 3151 Tr. A Stone Step #2 & L1-23 Stone Step E. Add 135.83 Private gravel road 4/15 $9,990 3152 Tr. Q, Good Life Acres 188.7 Ocean 3/15 $3,005 - 70% This pair indicates a difference of -70%. Both parcels are ocean fronting, Iocated adjacent to one another; however, the adjustment is understated because the site with road access has additional lake frontage and electricity. Seldovia, Alaska Sales Two similar sized parcels near Seldovia Alaska, are compared below. Data Legal Acres Access Date $/AC Adjustment 2782 L2, 6, 7, Sec. 6, T9S, R14W S.M., AK 144.31 Gravel roads 1/07 $10,000 2784 USS #7676 134.99 Ocean 12/10 $2,482 - 75% The adjustment is overstated since the parcel with road access is near the town center of Seldovia. 49 90 Ninilchik / Kasilof, Alaska Sales Two similar sized parcels within the Kenai Peninsula Borough, are compared below. Data Address Acres Access Date $/AC Adjustment MLS #12- 22302 Cohoe Lp., Cohoe Loop Rd. 7925 Kasilof, AK 48.91(paved) 1/13 $1,544 114 mi. from MLS #09- Sterling Hwy.; rd. 11346 14427 Newell St. 40.0 not built 2/15 $623 - 60% The adjustment is slightly overstated since the parcel with no road access is more rural. Summary of Access Analysis The indicated differences are summarized in the following table. Area Valdez sales AdjustmentMarket Access -76% Overstates adjustment KPB sales Homer, Seldovia, Ninilchik/Kasilof .............. -60% to -75% Overstates adjustment Murphy Dome Sales -51% Overstates adjustment Standard Creek Road Sales -41 % to 50% Overstates adjustment Indicated Range of Adjustments - 25% to - 41 Ea le sales -25% Understates adjustment McCarthysales - 18% Understates adjustment Fox sales - 13% Understates adjustment The data suggests a general range of downward adjustments from -13RO to -76 °fie. This wide range can be attributed to the data availability (the marketability of parcels without access is comparatively limited) and a number of sub -market specifics. For example, in remote and emi-remote areas accessed by ATVs, snowmachines, boats, or aircraft, the significance of direct road access is diluted. In contrast, where a local platting authority requires the construction of roads to a minimum standard acceptable for maintenance, the market advantage of a parcel with adequate access is substantial. However, even in rural Fairbanks, comparables representative of the adjacent lands along most of the route (>40 acres) reflect a variety of access characteristics for which little distinction is evident. The relative quality of paved access and dirt road access is largely obscured by other inequalities (e.g., soils/topography, privacy, view shed, etc.). In summary, it is not practical to develop unique access adjustments for all of the sub - markets along the route. Given the nature of the adjacent lands and the representative comparables, a low -end universal adjustment is not unreasonable. For the purposes of our analysis, comparables with adequate improved access are correlated with a downward adjustment of 25%. Conversely, where the segment has improved access but the comparable does not, the comparable will be adjusted upward by 33%.18 18 1.00`(1-.25)=.75 .75 x (1 + .333) = 1.00 (rounded) 50 91 ELECTRICITY ADJUSTMENTS It is difficult to isolate quantitative adjustments for electricity, as various other characteristics such as location, soils, topography and access often mask the difference attributed to electricity. Truly comparable paired sales are rare. Regardless, a parcel with electricity available is superior to a similar parcel without electricity. The data summarized in the following table quantifies an adjustment for electricity. Description Downward Adjustment Cost of distribution line extensions19 $140/AC Paired Sales 2002 TAPS Appraisa120 10% to 50% 2013 Statewide MLS Search2l 20% 2013 Fairbanks MLS Search22 25% Reconciliation The dollar adjustment of $140/acre assumes that the market recognizes electricity availability in precise terms based on cost. However, the market is not precise and a percentage adjustment is more applicable. The data indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing factors to impact value, we conclude at the low end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is +25%. 19 2003 Electricity Adjustment Supplement, TAPS Renewal Appraisal, page 2, based on interviews with MEA, CVEA and GVEA. 20 Ibid., page 10. 212013 raw data search of 56 Sales, with orwithout electric, 80 to 160 AC, 2002 - 2012. Adjustment based on average unit price. 22 2013 raw data search of 110 Sales, with or without electric, 40 to 160 AC, 2002 - 2013. Adjustment based on average unit price. 51 92 LOW UTILITY LANDS RATIO ANALYSIS I relied on ratios measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is summarized in the following table(s). 52 93 .2uj y N =¢ma N N r T u t0 5 1+ G {p L A Q t- N n LO O C7 C 2 J N (� ❑ Y 0M M w b 0 f Q N tto a ~00i �� n m m ro ti ¢ aQ C SIM W Q » N T b? N y t LL U � 0 N O M t O C a U m y a T x er, c m IDU m En0) °w Lj na n Ae 41 -0 Q N N_ N _O 0 x in C lfl ! cr,Qn1 C C N C'7 n O N EE D C R G 7 yip � Q ¢O m ccM C O N do QN > Q LO 00 C a P V+ d _ Go d! G y IO Y P O Y a n 0 w (9 7 a � C'D cu e = ' N r > Ln to ¢ N Z5 O C — Q P > fa N C m C f7 r M p Q _ N > ^') Obi N m U O G C ¢ � P Np Q l=0 N ti M ot7 N O N X ty T z0 ❑ � C AG V vuit�°mv S a O "T' 7 [n Y LO '� Qm=V mL° ¢ O x 60 w C Q d N N E n oc c Li tao — m � a en Er ¢ 10 T pppp n Art T Z O ❑_ rGil mC C� N oclop 0 �zLO a'm a VIPTVf aHdCC E Z O c a m QN m N mTfn VT N n'I on AD I`2= (} i r O IQ iD ui N G O C3 ' Q Z N y o d' ty lA G O m`P # Y ¢ 7 0 61 cc O Cl O o T C m to co o 7 f N y N C aW ❑� = t` Em�Uc rL— ° x Pto E°r} C) 5 LL LL !L 0 LL LO Ln N G N N N N b N b c tC •d U r_ a M to O N p 41 t6 16 rL a .0 .0 /U C, fA J077 F F Z Z Z Z Z Z Z iA jY Ms W O Q1 o �r i❑ pi 9 p i0 ' J LL $ J N C �p G d H tlbl t0 b 7 O Q m N tyi U C Iy0 0. -a— N N w Vi p R t1 a p G1 \ -G co �U tcv amc-wmgm r Go N o I M _ac�a y O Cl) C ' Q C Vi N J — Ck to m Ci G7 b to = E! m Q 'o C p CI . to = — O O 7 ill Ln to ITt- ti 6 to to N 01 p m O _ _ to nl to of El N cD Go Q N t0 y D o pl Z U' a = n q P O ❑ ¢ o N w O m Z) az❑ � c n� Jn to F= F fir; gym • YF� N Q l4 °1 p C lr 'D G m iDn lD O R n W c; M C t�[ C to N w T y a O On y-6 y a n Y n t7 — t0 N 4 C N° N= N GO O y G 8 a -acc-, UL m C rn"�p to m y &� C UY.=..Y O� fA (7 �7 ❑ J a N G z m�8 8° r ° °N d¢ R 4 n$ v:o l i o 0 0 o to bz m�$ O. tO G Q to" cmM U m C c Y Q N f6 ❑ Mtn U A ❑ to �r 2 C amn n co ch T2 a c trj v, n v, a G tD Vi Ol vi > cli tp ❑ N to i7 =6YmcW.G V l4 . � c0.1 b N F G G > p 2¢ ¢ LL < p t=b C` a r a1 C H u t9 `y m 3 ? cD epn0 air ❑ Y w O -6 !� ro AO C Oo nau�yi m n•c m a r ; r Ln� ��,��Ra y¢M�J p p Y N e7 !! O y V is d' C ys> c H o min upi a p O y O N O—Y N� C oU ❑ Y c� bQ y m mW mam o co M Q uvi I I w Z. ya N 19 Y U m O in O t!) r G t„i Z lCt1 O o(j Ll Y N b¢ to - F F yY TtnO ❑ a � � N '2 Ld m¢13 Q$ ti N v I I F a c c vi .t in to C cL1 0 p c O LO OrbZ a O a�O•r.pOM li ❑ y Q BR F y 0 a N LL s to y � p l6 LL N v am a U C N � y N 9N 9, C C G' LM dl . P U 'o t4 J❑ ❑ P P N in M Z M t1J 94 The factors range from 10% to 30% (rounded) but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency: a median of 25% and a mean (average) of 23%. Despite the apparent inadequacies, the ratios are supported by comparisons of developable parcels in the Anchorage bowl with properties that have significant obstacles to development (challenged sites). Ratios — price for challenged sites as a % of the price of developable sites A wide range of ratios from 0% to 50% is suggested by the prospects for development of low -utility lands in the foreseeable future. A zero probability may not be unreasonable but it does not account for the long term speculative prospects. Where the market accepts the speculative risk but the unknowns are significant as well as the time and cost of securing entitlements; the probability of development in the near term is less than 50%. Narrowing the range is aided by the following comparisons; details are retained in our work file (#14-089-7). Comparison 1 Prices for developable multi -family parcels in 2006 generally ranged from $3.42 to $8.491SF. MLS #05 106202 (shaded) was an October 2006, open -market acquisition of a 5-acre parcel zoned for multi -family use. Nearly all of it is within the flood plain and wetland delineations. It was acquired by Wal-Mart for wetland mitigation. The listing agent (Andrea Gribbin, Prudential Jack White RE (907-562-6464) reported that it would be dedicated as park land The reported price was at $2.53/SF Fief. # Location Zoning Status Acres SF CEV $lSF #05-106202 Lore Road R-2A Oct-06 5 217,800 $550,000 $2.53 1218 SEC Arctic & 46th R-3 Mar-06 8.66 377,000 $3,202,000 $8.49 1543 Tract S Independence Park R-3 Jun-06 4.37 190,176 $649,500 $3,42 1501 2921 W. Intl. Airport Rd R-4 Sep-06 2.24 97,738 $740,000 $7.57 1545 7880 Nadine Street R-2M Sep-06 2.17 94,672 $525,000 $5.55 Excluding #1543 (price skewed by poor soils conditions [deep peat]), the price of the wetland parcel ranged from 30% to 46% of the upland parcels. Comparison 2 The sales of two lots that characterize the in -fill development pattern of older subdivisions are summarized in the following table. MLS # Location Zoning Status SF $ 11-11874 11-11876 Southwood Park Southwood Park R-1 R-1 Sold Nov-11 Sold Nov-11 7,000 7,000 $55,000 $55,000 The following properties in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive sold at about the same time. The area is classified as "B" wetlands. Access is not developed and public utilities are not immediately available. Lots in these subdivisions have been marketed for years as speculative investments. MLS # Location Zoning Status SF $ 10-9957 Laurel Acres R-1 Sold: Aug-10 8,750 $13,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 A mid -range price ($12,650) equates to 23% of the prices reflected by the preceding sales ($55,000). 54 95 Comparison 3 A 2009 sale of an in -fill lot is summarized in the following table. MLS # Location Zoning Status SF $ 08-15191 Aurora Heights R-1 Sold: Apr-09 9,267 $110,000 The following sales in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive are similar in terms of time and size. MLS # Location Zoning Status SF $ 08-8247 08-8246 Laurel Acres Laurel Acres R-1 R-1 Sold: Apr-09 Sold: May-09 9,425 9,424 $16,000 $16,000 A price of $16,000 equates to 15% of the price reflected by the preceding sale ($110,000). Comparison 4 The following sales are similar in location and size. The upper end indicator is reflected by a lot with paved access and all utilities. The average price ($11,900) of two lots in the same subdivision with no road or utilities equates to only 10%. MILS # Location Zoning Status SF $ 10-4207 Patricia Sub R-1 Sold: Jun-10 10,250 $119,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 10-9178 Patricia Sub R-1 Sold: Jan-14 11,677 $12,000 Reconciliation Comparison $ for challenged sites as a % of developable parcel $ Notes Because the intended use of the wetland parcel was preservation/conservation, the indicated range of 1 30-46% factors is suspect. These factors are arguably understated because in 2 23% addition to differences in access and 3 15% soils/topography, the factor also accounts for the difference in the availability of public water and sewer 4 10% — not a factor in the comparison of properties that require on -site well and septic systems 55 96 ALTA Commitment for Title Insurance First American My" By Commitment First American Title Insurance Company File No: 0227-3446921 COMMITMENT FOR TITLE INSURANCE Issued By FIRSTAMERICAN TITLEINSUP-ANCECOMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COFIPANY INVOLVING THE [DNTEWr OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT 15 NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION Of TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DE7­ER11INE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO FXiRAC:OHTPACT UAL LIABILITY TO ANY PERSON, INCLUDING A PROPO INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CO TENT OF THIS COMMITMENT TO ANY OTHER PERSON_ COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule 8, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, FhsrAmerlcan 77t/e lnsurarrte Company, a Nebraska Corporation (the "Company"), commits to issue the Poky according to the terms and Ixovisiwks of this CommitmenL This Commitment is eFfi rove as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the sth Vie l dollar amount as the Pncaposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company D—J Gib= A.ildwd trp 5m01% S.C" PJ,1: 54857 NAME: SEWARD AIRPORT IMPROVEMENTS PCL #: 5 CURRENT OWNER CITY OF SEWARD If this Jacket was created electronically, it constitutes an original document. MIS Pi0eIf0*aivirafa2016ALTAd7for 70elesrrr2flce zWbyAWAmeyAmride lssw-"eCanpury 7h&Canc.P7rwteiwt va.W *Yffimt O5e Np&e; the M rt to Low AafrY, D7v Cn at clande w S rc _,ir A-Sdmvk le $ ParrI-Rw-,� -w ty, Scf**IF A Part a arep Tom Copyright 2006-2016 Amerkan Land Title Assodation. All rights reserved. The use of this Form (or any ilk+-eatx therwO is :r-mfLA to ALTA ke sees and ALTA memhus in goad smndhhg as of the date of use Allof hef uses are prohibded. Reprinted urder kense from the Amerlan Land Title,ram -t— rM 500037W (0-23-I0) r4o 1 of 10 ALTA Cnmmitmentfor Title Insurance (&I -Is M 97 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "IGhtr wkdge" or'knhohvn': Actual or "%ftd knwvdedge, but not constructive notice imparted by the Public Records. (b) -land": The land &=kbrd In Schedule A and afRxed InVovmnents that by law constitute real property. The tenn'Land" does not inckide arty prr><herty d the lines of the area described in Schedule A, nor arty right title, interest estate, or e--keem in ah m3 m sbeM roads, —Rjeu -, alkyl, lanes, ways, or waterways, but this does not modify or HrM the extent that a right of access to and foam the land Is to be mired by the Policy. (c) "mWXPfle": A mortgage, deed of tout, or other sectM kstrurnent, Includinq One evidenced by electronic means authorized by Law. (d) "PoW Each contract: of We Insurance, In a form adapted by the r mencan Land Title Association, Issued or to be Issued by the CaM any pwwwrt to this Cominmhhent. (e) "Propcc-d Insured': Each person bellied in Schedule A as the mposed I nsired of each Policy to be Issued pusuant to this rlafahhrlmmL (f) -Nnpnm d Poky Arno4rY': Each dollar amount spetyled In Srhreide A as the Proposed Polley Amarnt of each Policy to be Issued pursuant to this CommfimenG (q) 'Public Records': Records established under state statutes at the Carnm1meht Date for the p:fpuse of krnparttnq constructive notice Of matters miAM to n.5d prthMV to phantasms for value and without KWWW�. (h) "T6fe': The estate or Interest described In Schedule A. 2. If as of the Schedule % Part I—Requinernetts have not been met within the tune period specified In the Conrrdb iwt to Issue Polley, this Conwilt ei d trrmi hates and the [cr"y's liability and oblgatlon end, 3. The CmwWs Landry and obligation is limited by and this Ccmmih--.t es not valid without (a) the Notice; (b) the cwmvLmem to Issue Paley, (c) the Ca mhmT& t Conditions: (d) Schedule A; (e) a4duk 8, Part I—AEgib erriL Z; and (f) 5r B, Part H—Euepaons. 4. COMPANY'S RIGHTTO AMEND The Company may arnend this Co mdtrnent at any time. If the Comp x y an K4 & this UznnvM.trt to add a defect fen. hxud b ai Ke, terse cL*k or other matter re m—k O In the Pudic Records prior tD the Commitment Date. any kabiNty of the Cmhparry Is Bmxed by Corrimbnent Cob S. The Corrgmi iy shall not be liable for any other amendment to this Comrngment 5. LIMITATIONS OF LIABILITY (a) The Cmp&Ws LVAty under Commtment Condition 4 is bmited to the Proposed Insured's actual expense Incurred in the Interval between the Company's delivery to the Pnxposad Insured of the Commlbnent and the delivery of the amended Commitment rmdttm front the P mVW td Lismed s good faith reliance to: (1) ownply with the Srhedik B, Part l ne ' (B) elrr trr a , with the Cmyisrrfs warren consent any Schedule B, Part Ill —Exceptions; or (W) acquire the Tide or create the Kxra-am mired by this Conurillment (b) The Cmparry shag not be Bable under Gum. ItrTffA Condition 5(a) if the Proposed Insured requested the P.7rndrrr rut or had Itnclw't ,rim of the matter and did not notify the Carrar4 about it in w ritinq. (c) The &xnp r y wig only have gaWn under Commmitment Condition 4 if the Proposed Insured would not have Incurred the expense had the Comngrnent Included the added matter wherh the Cortrsu[mew was last delivered to the Proposed Insured. (d) The Corr4arry's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described In Cana wment Cmdlnans 5(a)(1) tmLKj h S(aXW) or the Prop ased Poky Amount (e) The Lwpwri shall not be gable for the content of the Tradsacwa Identification Data, If any. (f) In no event shag the C>ampairr' be obNgated to Issue the Policy refereed to In this Commimnent unless all of the Schedule 8, Part I-tequtements have been met to the satlsfacWn of the Company. (q) In arN event the Comp r y s liability is limited by the term and proydccm of the Poky TTuspipe/s-"+'', aAarof32016ALTAP Cchmrlvtment1, TraFlnsurarxrBwrdbyFusramtYk.,TId2lnswanceComAanr. fiis[emnYtrhrtisnot valid n1ftut 1h2 AkVre the Cz mrrvtrrrrnt m Issue Poky* the ear^o t Cartitkr+;' Schedule 4 apart 5-FireP901m Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any dedvative thereof),s restricted to ALTA kmsm and ALTA members Rn good standing as of the date of use. A8 other uses are pmNbKed. Repintcd under license from the American Land TWe Association. SEIg03700 (8-23.10) 2 of 1g m ALTA COmitnent for Tide Insurance (8-1-16 57 98 6. UABILrrY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured ldenttlied in Schedule A. and no other person, may make a claim ureter this commitment (b) Any claim must be based in carM-ad and must be restricted Solely to the terror and provisions of this Carmiytment. (c) Until the Policy is ismted this Camnibnent, as last revised. Is the exchdm and entire agreement between the parries with respect to the subject matter of this C.ornmitrnent and %*"series all prior corrmitrTmA negotiations, representations, and proposals of any lord, whether mitten or oral, express or irnplied, relating to the subject matter of this Commilt rent. (d) The deletim or modification of any Schedule B, Part D—Exception does not tmstihrte an agreement or obligation to provide coverage beyond the terms and provisions of tills Commitment or the Policy. (e) Arty amerdment or endorsement to this Commitment must be in wr" and authenticated by a person audhotmd by the Company- (f) When the Poky is Issued, all MbOty and obklaUm Urder this Commitment will end and the ComparyrS arty Batt ity will be tinder the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The Issuing agent is the Company's agent only fix the limited purpose d issui q title Insurance commit nernt5 and policies The Issl 4 agent is riot the Carparys agent for the purpose of providing closing or settlement services 9. PRO -FORMA POLICY The Company may provide; at the request of a Proposed Insured, a pro-kmia policy illustrating the wverage that the Company may provide. A pro -forma policy neither reflects the scats of The at the time that the pro-kff= poky ls delivered to a Proposed Insured, nor it it a mmutmerht to rinse. 9. ARBITRATION The Policy suntans an arbitration clause. Ag arbitrable matters when the Proposed Policy Amount is S,txxl,Ixxl or less Shall be arbitrated at the option of e&w the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules Thar pace is a* a pat ofa 70I6,U rA* Crxwn&ment for ntfe Insurance issued by Rist Amwkran Tick hM arce C&W,1y. Thh Commitment & not told wib0;wf tine AWce, the CronmVmvt m Isis Poky, the Cw=ftmt CondVvnr Schedule A, Sche da;e d Part I -Re wtmmentv Sehedu1eB, Parr A-Ficepokl € Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is nhsUkted to ALTA kensees and ALTA members In gaud standing as of the date of use. All other uses are poh bited. Reprinted under license from the Amert[an Land Title Amclatlon. 50003T00 (8-2.1-19) e 3 of 10 ALTA Commitment for Tale Insurance (8.1-16 Ala 58 99 ALTA Commitment far Tide Insurance First American Law BY Schedule A First American Title insurance Company File No: 0227-3446921 Transaction IdentlAcation Data farrefene"e, only. Issuing Agent: First American Tile Insurance Company Issuing Office. PO Box 469 f 51Ki Adams St, Ste Nxl. Seward, AK 99664 Issuing Offices ALTA@ Registry ID: Issuing Office File Na.: 0227-3446921 Commitment No.: 0227-3446921 Pi o sty Address: Portion of ATS 174, (Plat S-55), Seward, AK Revision No.: NUMBER TWO SCHEOULE A 1. Commitment Date: March 26, 2021 8:00 AM 2. Pdxy (or Polices) to be issued: (a) 20M ALTA@ Standard Owner's Policy Proposed Insured: State of Alaska, Department of Transportation fl Public Facilities Proposed Policy Amount: $TBD Premium: $TBD Tabulation of Saks $11iti,rwi 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple 4. The Tide is, at the Cornmitnent Date, vested in: CITY OF SEWARD S. The Lard is described as follows: ALASKA TIDELAND SURVEY 174, according to Plat -5-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located let Section 3, Township 1 South, Range 1 West, Seward Meridian, bounded an the West by Parcel 8, U.S. Survey 9000. RrstAnredran 7711e InsuranceConipany 4 ut, Kristi A. Larson, Title Officer 7'hlsluyr&o'a'YaPitt afa1016ACTAOCir. tfar r1delnsmanre&wedbyA3tA?wKae rdeInsw2nreCwtawy. 77&CLwi,;+t wrArnpt roAd 1 fVk tt the AbOICr• fhe C.arorgr—t to LMO R 1k the CofnmMrant r ar>d S[heglrk A Stlx diaF 6S Pafi1 RepukrrrreriLy Srhe+aFrle 4 Pbrt 0-Fireplarm Copyright 3WG-3016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is resutted to ALTA licensees and ALTA members in good stabl ng as of the date of use. AN other uses are probbted. Reprinted urder kkense from the Amerhan Land Me Association. 5XIMA10 (8-23-18) (Page 4 of 10 I ALTA Col Mr-wt for TWe Llsurance (8.1-16 59 100 ALTA Commitment for Title Insurance First American MWED BY Schedule BI & BII FlrstAmerican Title insurance Company File No: 0227-3446921 SCHEDULE 8, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who wilI obtain an interest in the Land or who will make a ban on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insureed_ 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public RecnrdS. 5. P eleases{s) or Reconveyance(s) of Item(s): 6. 1. If any document in the completion of this tram.-wt x, is to be executed by an attrwrwy-in-fact, the contemplated Power of Attorney form should be submitted for review prior to closing. 2. The State of Alaska, Division of Insurance has issued its Order R92-1. The ruder in part, requires the immediate belling and colk ction of the minimum charge for this Commitment within 30 days of the first tolling. In the event this transavdm fails to close, the minimum billing Will be the cancellation fee in accordance with our fixed rate schedule. NOTICE In 1999, the Alaska Department of Natural Resources Megan recording maps of claimed rights of way which may have been created under a federal law known as'RS 247T, pursuant to Alaska Statute 19.30.400. Because the maps are imprecise, the exception from coverage shown on Section 2, Part 1, Paragraph 4 has been taken. Questans regarding the State's RS 2477 claims should be directed to the Department of Natural Resources. Public Information Center 550 W. 7th Avenue. Suite 1260, Anchorage, Alaska 99501 (907) 2694AM). NOTICE The attached plat, if any, is furnished as a courtesy only by First American Title Insurance Company, and is not part of Commitment or the Policy. The plat is furnished solely for the purpose of assisting in locating the Land and does not purport to show all highways, roads or ease°rnents affecting the Land. No reliance should be placed upon this plat for location or dimensions of the Land and no liability is assumed for the correcMess thereof. rho pope B any a part afa 2026 ALTAdf —t for ride lnwrarxe iwied by First Amerkarr nde 1hvx2nw CagAujy 7hts Cv+r+ - -n ,-r B nor wid wNiout the Ah ,-the CwrTAb f to ZaLw Ai6rP: the Come) xrtCandCio W sdxduk A: srhededr A Pant Reprbemenc� sr r1 _fir Q P7rt O t--ff Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any derNaWe thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ali ether uses are M*bftd. Reprinted urder kmse from the American Lard U& ArmLaJan. 5MM7oo (8-23-18) Page s of io ALTA Grewivne ntfor Title Irwarce (M 16 101 ALTA Commitment for Title Insurance FirstAmerican Is5MBY Schedule BI & BII (Cont.) First American Title Insurance Company File No: 0227-3446921 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVEFtkNT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE WENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SIX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the temts and prm&-4mr of any lease or easement identified in Schedule A, and will include the following Exceptions unless dpareed to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the fast time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met 2. Taxes or asw -ts which are not shown as #�xi5inq liens by the records rf any taxmq Awt -rty that levies taxes or m5sessinrrits on real property or by the Publz Pecor& 3. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by malung inquiry of persons to vo-, m ion thereof. 4. Easements, claims of easement or encumbrances which are cot shown by the Public Records. 5. Rights of the state or federal government and/or the public in and to any portion of the Land for nght of way as established by Federal Statute RS2477 (whetter or not such rights are shown by recordings of maps in the Public Records by the State of Aia5ka sf,sowing the general location of these rights of way.) 6. Discrepancies, conflicts in boundary lines, shortage in area, ewc oad'iments, or any other facts which a correct survey wou'd disclose, and which are not shown by the Public Records. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Thtrpaxlsm1kaAwta(a706A[ TAM CammlhnenthorA4+lnsusrwftwdbyRrstAmoninwTWIrmnaweewtpwr 71eM�vna_ .rt/rrur valid iidthoert the Abdce the [Lrrx t1" t cohost shkr the Cmxrufixnt Sdxr6k A Srhesfuk A P:rt! RrOturk try 5[AnduleQ part 11 &Mpeb s Copyright 2006-2016 American land Title Association. All rights reserved. The use Of this Form (or any &m7we Umvof) is npsM4t t to ALTA kensees and ALTA members in good standing as of the date of use. All otlier uses are pWdblted. Reprinted urdw [tense from the Amentan Land Tide issmzop (Fain 50003700 (8.23-I8) IPage 6 of 10 I ALTA Comer tnwt forTkle bmrancr (8-1-16 NEW 61 102 9. Reservations or exceptions in patents or in acts authorizing the issuance thereof. VI- Reservations or exceptions State of Alaska Patent Recorded: July 18, 1968 Recording Information- Book 3P at Page 89 Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and driling rights and tmrnunities. Note: Tide to the mineral estate, as it pertains to said ieservatim, has not been further searched and no insurance is provided under this pobcy- 11. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2021, are a lien, but levy therefore has not been made - NOTE: Subject property is in not on the Kenai Perunsula Borough Tax RollL 12. Any adverse claim based upon the arsseibm that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created 13. Any preference tfohts which may exist under the Alaska land Act, terms, provisons and reservations under the Submerged Lands Act (43 USCA 1301, 67 Stat. 29} and the enabling act (Public Law 85- 508, 72 Stat. 339). 14. Terms, provisions and reservations under the Suln-mc ued Land Act (43 U.S.CA Sections AM through 1311) and the nghts of the United States of America to regulate commerce, navigation, food control, fishing and production of power, 15. Any prahibttion or limitation on the use, occupancy or improvements of the land resulting from the nght of the public or riparian owners to use any waters which may cover the land or to use any pxtton of the land which is now or may formerly have been covered by water. 16. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of any water source. 17. Reservation of section line easement 33 feet ii i width along each side of section line as provided by 43 USC 932 and reenacted by 1721 CLA 1933. 18. Reservation of section line easement 51, feet in width along each side of section line as provided by AS- 19,1111.11110. This papeisa*apart ofaM16ALMta^"�-'p':�!tfar ride lasurawe&Ws dbyFWAllfhvkan171 ftWanCeCantianr ThSr-farrot iald hfftuf d,e MOYke,• the Cevontlbncmt to tsroe Poky; die icrr—f C—Z-, t See+duk a, Sfhedi+k & Parr1-kequ1mnWM,- Rlkitk B, Part A-Fru�n€ Copyright 2006-2016 American Land Title Assodation. All rights reserved. The use of this Form (or any derivative thereoO Is restricted to ALTA koisees and ALTA members in good standing as of the data of use. All other uses are p vWbited. Reprinted under license from the American Land T16 Assmhvjon. 5=37W (8.23-18) page 7 of 10 ALTA Commitment for Tate Insurance (8-1-16 AJaOA 62 103 19. No map showing the location and dimensions of the land exists, and no assurance is given as to the krcatimr and dimensions. NOTE: The legal description as contained herein has been modified from that as ordered to conform to the record title. Please review carefully to verity that this is the property intended to be covered by the contemplated transaction. 2u. Any shortage in area or any discrepancy in the exact location of the premises resulting from insufficiency or ambiguity in the krgal description contained in the documents referred to herein. 21. Rights of access and egress to subject properties. We find no Notice in the records of any dedicated or improved roadways abutting them. 22. Unrecorded leases, subleases or periodic tenancies, if any. Note: Our search of die 'public records' as defined In the Policy of Title insurance to Issue, discloses no matters against State of Alaska. 77VYPage Is v* a part afa 20ISAt rJO Cwnnutmentfar Title Insurance &ued by FlatAmerrcan Trek Insisance+ Company. This CommrCnerrt is not vaid irdfhaut 1hP Abohre; !hr Camrrs9Ynerrf tD lssrx Rainy; the CMMOrentCandlT M Sdieduk A.SdndiA d. Pdrrl RequlrRments' Sfhr;iuk Parr Copyright 2006-2016 American Land Title AsSo[iatiori. All rights reserved. The use of this Form (or any derivattve i}ierwo is resMcted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under kense from the American Land Tttk Assoctation. 50M-M (&2,-I8) 11310 8 of 10 ALTA Commitment For Title Insurance (8.1.16 I-V 104 Prooertv Identification Record ID 3857 Property Type Recreational Address NSN Riverside Drive, Seward, AK Location Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 7'48.88"N/ 149024'20.38"W Tax ID Various: 7- lots Legal Description See remarks Plat Record 15 Property Rights Fee simple Sale Data Grantor Bolstridge/Rott Grantee NIA Sale Date July 01, 2003, Expiration date Deed Book/Page NIA Sale Price $10,000 Financing N/A Adjustments None Marketing Time 374 Conditions of Sale No sale Verification Other sources: MLS# 02-307128, Confirmed by Ryan McGillivray, June 05, 2021 Neighborhood Vacant/Unimproved tideland/river frontage Land Data Access River Topography Level & heavily treed Soils Located Win floodplain; wetlands & tidal influence; sloughs bisect Utilities None Shape Rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NrA Assessed $ (At Sale) N='A Land Size Information Gross Land Size 22.990 Acres or 1,001,444 SF Indicators Adjusted Sale $/Gross Area $435fAcre- Expired Remarks Unsold expired listing of 7 lots located adjacent the Resurrection River. The lots are not all adjoining however, the bulk of the acreage (20.82 acres) is located on 1 lot. The parcels are accessible from the 64 105 Resurrection River. The listing agent is no longer working and phone numbers for the seller were not found. Jr I i KJP•.�wa s�rJrJar TRAWFOW SUBDIVISION" ux+Prrrmv r... � ��_AY.I•w •.r ws�r._ �_ a IYI M p•Nr pI ; � •.M f1••rr �.. �' yr. •:rinu Leon lil!'4 -TIIT n. 11"m1► 1 t77' LPrks I .SOT PLOT 1! � rY _ _ _-� .A w.rr I••. r• 65 106 Property Identification Record ID 3145 Property Type Remote Recreational Property Name Head of Resurrection Bay Address NIA Location Head of Resurrection Bay, between the Seward Airport and Nash Road, in Seward, Alaska Tax ID 14502230 Legal Desc. Parcel 1 — All of the SW 114 of the SE114 in Sec. 35, T1 N, R1 W, Seward Meridian, AK Legal Desc. Cont. Parcel 2 — N112 of Lot 2, in Sec. 2, T1S, R1W, Seward Meridian, AK Sale Data Grantor Timothy McDonald Grantee Bruce and Wanda Sue Harris Sale Date January 1, 200B Deed Book/Page 2008-000042-0 Recorded Plat NIA Property Rights Fee simple Marketing Time NIA Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History NIA Verification MacSwain Associates, File No. 07-1660 Sale Price $115,000 Land Data Zoning RM — Resource Management District Topography Ranges from low-lying marsh area to level vegetated areas. There are several sloughs and waterways meandering through the parcel. Utilities None, remote Shape Mostly rectangular Access Dirt trail and boat Soils Located within a floodplain and contains some wetlands; regardless, there appears to be several suitable building sites. Land Size Information Gross Land Size 62.0 Acres or 2,700,720 SF Front Footage Is bisected and fronts a tributary of Resurrection River Indicators Sale Price/Gross Acre $1,855 Sale Price/Gross SF $0.04 Remarks The parcel is located in a vacant area between the Seward Airport and Nash Road. It is located within a floodplain and contains some wetlands. Access is limited to a dirt trail and boat. Overall, the parcel is suited for recreational uses being on a tributary of the Resurrection River. 67 108 q E Tr au v�T — lmd I'LL .1 Jai; r "07 r77 - TW,,W r' A r4' Proaerty Identification Record ID 3858 Property Type Recreational Address 2011 Sharon Avenue, Seward, AK Location Adjacent the Seward Airport and Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 8'3.33"N/ 149024'40.47' W Tax ID 14502222 Legal Description Lengthy legal- portion of US Survey 722 Plat Record None Property Rights Fee simple Sale Data Grantor Patricia A. Freeman Revocable Trust Grantee NIA Sale Date July 22, 2009, Date of expired listing Deed Book/Page NIA Sale Price $100,000 Financing NIA Adjustments None Sale History See remarks Marketing Time 355 Conditions of Sale See remarks Verification Marcus Mueller (907-714-2205), May 27, 2021; Other sources: MLS# 08- 11132, Confirmed by Ryan McGillivray Neighborhood Mixed -use; industrial to the north, airport west/south and river east Land Data Access River Topography Bulk of the acreage is in the river; portions treed on east and south Soils Primarily floodplainlwetlands Utilities None Shape Primarily rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NIA Assessed $ (At Sale) NIA Land Size Information Gross Land Size 71.880 Acres or 3,131,093 SF Indicators Adjusted Sale $/Gross Area $1,391/Acre- Expired listing Remarks Unsold, expired listing located adjacent the Seward Airport and Resurrection River. The parcel was donated in 2015 to the Kenai Peninsula Borough for $1 and closing costs (2015-000152). 110 I \�[�� :] |. . � | ' - ProDertv Identification Record ID 3859 Property Type Recreational/residential Address 110 Aialik Street, Seward, AK Location Base of Mt. Marathon USGS Quad Map Seward A-7 Latitude, Longitude 600 7'12.24"N/ 149'27'10.03"W TaxiD 14823015 Legal Description Lengthy legal- portion of US Survey 931 Plat Record Portion USS 931 Property Rights Fee simple Sale Data Grantor David Dexter & M. Lisa Paesani Grantee Justin K. Waite Sale Date May 07, 2013, Pending date Deed Book/Page 2013-000855 Sale Price $80,000 Financing Cash Adjustments N/A Sale History Listed for $90,000 Marketing Time 231 Conditions of Sale No undue stimulus reported Verification Todd Peterson (907-224-3350), June 07, 2021; Other sources: MLS# 12-13369, Confirmed by Ryan McGillivray Neighborhood Adjacent Seward infrastructure Land Data Access Available from Aialik Street and Vista Avenue Topography Steep and heavily treed Soils Appear adequate Utilities Electricity adjacent Shape Primarily rectangular Zoning Resource Management Other Restrictions None noted Amenities Scheffler Creek adjacent Present Use (At Sale) Vacant land Highest and Best Use Residential/ Recreation Intended Use Unknown Assessed $ (At Sale) N/A Land Size Information Gross Land Size 49.850 Acres or 2,171,466 SF Indicators Adjusted Sale $/Gross Area $1,605/Acre Remarks Sale of a parcel located at the base of Mt. Marathon, adjacent Seward infrastructure. The listing and selling agent was unsure of the buyers intended use. No improvements have been constructed since the purchase. 71 112 • �i♦R 1ilY •Cuss I .✓1 irrr rr M.yM r•r1�. Yrl , I 1 I r I I J4 r C�c-3 r � � ''Z-4 h zi I -4 I �r 1 I :j 41 L. 1 -1� 3 C:X R �yrf N mom 7°E�%70 � � a �Rr prrrK • vrw a anra � r rr+awn�en.. m we a� osr= nwwrQ.at t. amb e : rr'.o w � re. r+wo. n .a.aar.w.a r w r �n s ++�..ra m.�nr.s w�a�• uo.na.wtr..w�r.wtr..s.a us rn rnm r s. rs. .ur*n.n mae� .su T.7.eei y 4 r PJI'ORD of sEA�vpr USS 931 Pmcwt Oesag wd kr Book 121, Page 970 ir.wv freaeip rao*t Alw w At L. S.~ 4 71sI/W LL we 113 Pronertv Identification RecordlD 3252 Property Type Vacant acreage Location NSN Bayshore Drive Nearest Community Seward, AK Legal Description Tract A-1, Harbor View Estates, Plat #97-26 Tax ID 14521005 USGS Quad Map Seward A-7 Latitude/Longitude 6007'59.15'N/149Q23'2.66"W Legal Description Tract A-1, Harbor View Estates Subdivision (Plat No. 97-26) Tax ID 14521005 Property Rights Fee simple or equivalent (where there are no documented subsurface resources and the probability of discovery is believed to be low, the market does not distinguish between the fee simple and the surface estates). Sale Data Grantor David Harr Grantee Andrew J. and Julie Wilder Sale Date July 26, 2016 Instrument SWD Document Number 2016-000772-0 Sale Price $185,000 Recorded Plat 97-26 Marketing Time Grantee contacted owner regarding potential sale via telephone Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History Sold for $150,000 on May 16, 2005, days on market NIA Verification Andrew J. Wilder (907-224-2092), March 08, 2018; Confirmed by George Mies Neighborhood Mixed -use rural neighborhood Land Data Access Undeveloped driveway (Bayshore Dr. right-of-way) just off Nash Road (paved) Topography Fairly level, wooded Soils Upland portion soils appear adequate Utilities Electricity available. Shape Irregular Zoning Unzoned- Outside of Seward City limits. Other Restrictions See Remarks Amenities None Present Use (At Sale) Vacant Highest and Best Use Mixed -use development Intended Use Hold for future development Assessed $ (At Sale) $106,300 Land Size Information Gross Land Size 39.780 Acres or 1,732,817 SF Indicators Sale Price/Acre $4,651 Remarks About 1/3 of the parcel is within the 100-year Flood zone of the Resurrection Rive. Development in the flood zone is allowable but subject to the Kenai Peninsula Borough Floodplain Development Ordinance (21.06) which requires a development permit for all structures and all other development "including fill and other activities." 73 114 4S. owl 116 LIMITING CONDITIONS A! ASSUMPTIONS This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. 5. All engineering studies (if any) are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 8. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. This appraisal report has been made with the following general limiting conditions: 1. Possession of this report, or a copy thereof, does not carry with it the right of publication. 2. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made, 3. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. Additional Assumptions and Limiting Conditions: 1. Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report. 76 117 APPRAISER QUALIFICIATIONS Brian Z. Bethard, MAI State Certification No. 281 General Education Service High School, Anchorage, Alaska - Graduate 1989 The Colorado College, Colorado Springs, CO - Bachelor of Arts, Economics 1993 University of Alaska, Anchorage, Anchorage, AK - MBA 1996 Employment History Black -Smith, Bethard & Carlson, LLC - Managing Member — 2005 + Black -Smith and Richards, Inc. - Fee Appraiser -1995 to 2005 Randall, Hayes, and Henderson, Inc. - Fee Appraiser -1993 to 1995 Appraisal Courses/Seminars Taken Residential Case Study - University of Alaska Anchorage -1994 Uniform Residential Appraisal Report - Appraisal Institute - 1993 Standards of Professional Practice, Part A & B - Appraisal Institute - 1996 Advanced Sales Comparison & Cost Approaches - Appraisal Institute - 1997 Appraisal Principles & Procedures - Appraisal Institute -1998 Highest and Best Use Market Analysis - Appraisal Institute - 1998 Advanced Applications and Market Analysis - Appraisal Institute - 1998 Report Writing and Valuation Analysis -Appraisal Institute, 1998 Advanced Income Capitalization, Course 510 - Appraisal Institute - 2000 Intro to Statistics & Supporting Adjustments - Appraisal Institute - 2002 Market Studies for Affordable Housing - NH&RA - 2002 Standards of Professional Practice - Appraisal Institute — 2002/03/04/05/07/09/11/13/15 Subdivision Analysis - Appraisal Institute — 2004115 Rates & Ratios —Appraisal Institute— 2005 Principles of Real Estate Law— IRWA— 2005 Skills of Expert Testimony — IRWA — 2006 Analyzing Distressed Real Estate — Al — 2006 Condemnation Appraising — Al — 2007 Appraisal Challenges in Declining Markets — At, 2009 Forecasting Revenue — Al, 2009 USPAP Update — At, 2011 Yellow Book — Al, 2011 Appraisal Curriculum, General — Al, 2011 Real Estate Financing, Statistics & Value Modeling — Al, 2013 Appraisal of Limited Service Hotels — Al, 2015 Certifications Alaska State Certification: General Real Estate Appraiser #281 Affiliations Member Appraisal Institute (Member No. 11857) President: Alaska Chapter Appraisal Institute — 2005 & 2006 Vice Pres: Alaska Chapter Appraisal Institute - 2004 77 118 W.- 119 Typical Clients Cook Inlet Housing Authority Northrim Bank Alaska Housing Finance Corp. HDR Engineering The Municipality or Anchorage The City of Valdez Alaska Industrial Development & Export Authority Wells Fargo Bank Key Bank State of Alaska Department of Natural Resources First National Bank Alaska Alaska First Bank Denali Alaska Credit Union Department of Justice lkensa #7 APRG281 Effective. 6=021 Eapiros. 06r3wSZ3 Aooraisal Assilanrrtents Various Multifamily, Land and Special Purpose Attwood Building Rent Study, Anch., AK Kenai Senior Housing Market Study, Kenai, AK Highlands Luxury Apartments, Anch., AK The Veco Building, Anch, AK City of Valdez Assessment, Valdez, AK Charter North Hospital, Anch„ AK McKay Building, Anch., AK Alaska DOT Building, Juneau, AK Alyeska Pipeline Appraisal, Prudhoe - Valdez 15th Avenue Extension ROW Project, Anch., AK Saint Paul Health Clinic, St Paul, AK Residential Mortgage Building, Anch., AK Sprucewood Housing, 300 Units Eielson AFB State of Alaska Department of Commerce. Community, and Economic Development Division of Corporations, Business, and Professional licensing Board of Certified Real Estate Appraisers Licensee: BRIAN ZANE BETHARD License Type: Certified General Real Estate Appraiser Status, Active Commissioner. Julie Anderson 79 120 General Education University of Alaska Anchorage, Bachelor of Arts, Journalism Public Communications, Minor Business, 2004 Service High School, Anchorage, Alaska — Graduate 1998 Appraisal Courses Taken Appraisal Institute- Basic Appraisal Principles; 1/2008 Appraisal Institute- General Appraiser Income Approach Part 1; 4/2008 Appraisal Institute- Uniform Standards of Professional Appraisal Practices; 11/2008 Appraisal Institute- Basic Appraisal Procedures; 3/2009 Appraisal Institute- General Appraiser Market Analysis and Highest & Best Use; 3/2010 Appraisal Institute- General Appraiser Sales Comparison Approach; 6/2010 Appraisal Institute- General Appraiser Site Valuation and Cost Approach; 6/2010 Appraisal Institute- General Appraiser Report Writing and Case Studies; 10/2010 Appraisal Institute- Real Estate Finance, Statistics and Valuation; 5/2011 Appraisal Institute- Income Valuation of Small, Mixed -Use Properties; 12/2012 IRWA- Principles of Real Estate Law; 12/2012 ASFMRA- Income Approach for General Appraisers; 4/2013 Appraisal Institute- Litigation Appraising: Specialized Topics and Applications; 3/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2017 Appraisal Institute- Residential and Commercial Valuation of Solar; 512017 Appraisal Institute- Eminent Domain and Condemnation; 6/2017 Appraisal Institute- Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications; 4/2018 Appraisal Institute- How Tenants Create or Destroy Value: Leasehold Valuations and its Impact on Value; 5/2019 Appraisal Institute- National USPAP 7-hour Update; 6/2019 Appraisal Institute- Small Hotel/ Motel Valuation; 6/2021 Appraisal Institute- Cool Tools: New Technology for Real Estate Appraisers; 612021 Appraisal Institute- Subdivision Valuation; 6/2021 Appraisal institute- National USPAP 7-hour Update; 6/2021 Certifications Alaska State Certification: General Real Estate Appraiser #970 Business Experience Black -Smith, Bethard and Carlson, LLC, Appraiser, October 2006 + Licensed Real Estate Agent, Alaska, December 2005 Lfcenm dive 7202t State of Alaska Elfa�sne 6122R021 Erpns. 0 3=123 Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Board of Certified Real Estate Appraisers Licensee: RYAN T MCGILLIVRAY License Type: Certified General Real Estate Appraiser Status: Active 121 Lm 0 � ,w W M L. n^ O O W a ak U. ■ T Y� � AMA Yf m E M M ■ L L U. rL V a CO in IC "D [- 00 = 00 ON 01 C O - - N N r 'Y cn 'T w) �D LLJ o f ; O J O cs on o Z c w O z W cn yv•� 0 4 Ecn Q s O A a°", c4 a o z O" m Z F- c C• v) 123 to y u cn M 'a tV u 73 N ^G U c. +' -0 v to to C u ,> G NU. _G •Cfl C.C. 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U 'O O bA al t C4 ^ °r L.1 �1 9 Q a.cOi i ¢ E- ax .a'o LU Resolution 2022-052 Documents: city (Administration requests the legislation be postponed to May 9, 2022. • Agenda Statement • Resolution 2022-052 • Attachments: o UpSafety Software License and Service Agreement `KY: City Council Agenda Statement City administration Meeting Date: April 11, 2022 requests the legislation be .- To: city council postponed to May 9, Through: Janette Bower, City Manager 2022 From: Tyler Florence, Parks & Recreation Director Agenda Item: Resolution 2022-052: Authorizing the City Manager To Enter Into A 3 Year Sole Source Agreement With T2 Systems To Provide Parking Enforcement & Permit Management Software In An Amount Not To Exceed $31,297.00 And Appropriating Funds Background and justification: Parks & Recreation is tasked with managing public parking lots in the harbor area, including the North Lot, South Lot, Northeast Launch Lot, Shoreside Lot, South Launch Lot, and the South Harbor Uplands lot. In furtherance of the 2030 City of Seward Comprehensive Plan goals —supporting enforcement/compliance of legal parking, storage and use of the public right of way, and enforcing parking consistently in the downtown and harbor areas —the City has implemented several solutions, including deploying on -site payment kiosks, mobile payment options, and online permit registration. In continuation of the City's effort to improve parking compliance and enforcement, as well as the permit registration experience, we recommend procuring Up Safety compliance and permitting software offered by T2. The unique benefits of this solution include full integration across our parking management system, including pay stations, mobile payment, permitting, and compliance platforms, which will enable seamless compliance checks and a simplified user experience. Due to the investment the City has already made in T2 pay kiosks, we recommend sole sourcing the purchase of Up Safety from T2 because it will fully integrate all our parking management systems. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.1 Support enforcement/compliance of legal parking, storage and use of the public right of way. Enforce parking consistently in the downtown and harbor areas. Strategic Plan: Improve access to and within the Other: Certification of Funds Total amount of funds listed in this legislation: $ 31,297.00 This legislation (✓): Creates revenue in the amount of: x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): $ 31,297.00 133 Budgeted Line item(s): x Not budgeted 13000-2900-8103 Capital Equipment Not applicable unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor x Parking Water Healthcare Motor Pool Other Unassigned Fund Balance*: $ 1,451,061.61 *Unaudited numbers end of 3/31/22 Available Unrestricted Cash Balance*: $ 1,717,671.12 Finance Signature:�`� Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 134 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-052 A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter Into A 3 Year Sole Source Agreement With T2 Systems To Provide Parking Enforcement & Permit Management Software In An Amount Not To Exceed $31,297 And Appropriating Funds WHEREAS, goals of the 2030 City of Seward Comprehensive Plan include supporting enforcement/compliance of legal parking, storage and use of the public right of way, and enforcing parking consistently in the downtown and harbor areas; and WHEREAS, parking compliance and permitting software aids these goals by enabling efficient and cost-effective parking management, and convenient permit registration; and WHEREAS, Parks & Recreation has conducted extensive research into enforcement & permitting software in order to identify a solution that would meet all task requirements and deliver the best quality and value; and WHEREAS, a quote was obtained from T2 Systems for Up Safety parking enforcement & permit management software in the amount of $31,297.00 over 3 years; and WHEREAS, T2 Systems is the sole source that provides a solution that meets all of the task requirements for parking management and fully integrates with the City's existing T2 pay kiosks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to enter into a 3-year sole source agreement with T2 Systems to provide parking enforcement & permit management software. Section 2. Funding in the amount of $31,297.00 is hereby appropriated from 13000-0000-3400 Parking Unassigned Fund Account to 13000-2900-8103 Capital Equipment. 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 1 lth day of April 2022. UPSAFETY 2 a �SYSTEIVIS company SOFTWARE LICENSE AND SERVICE AGREEMENT The following terms, including the terms and conditions found in all Exhibits (the "Agreement"), represent the full understanding of United Public Safety, Inc. ("UPsafety") and the City of Seward - AK ("Client"), the "Parties" and each individually a "Party"). In exchange for the mutual covenants herein and other good and valuable consideration, the Parties agree and intend to be bound as follows: I. General Terms United Public Safety will provide services (the "Services") and license all software, including all web and mobile applications and related documentation, (the "Software") necessary for Client to operate a Citation Management Program ("CMP") which allows Client's parking enforcement officers to issue parking citations and allows Client to accept payment for parking citations and perform citation adjudication tasks. Exhibits A - C listed below are incorporated into and made a part of this Agreement and supersedes all prior written and oral agreements, purchase orders, proposals, representations, understandings, promises, descriptions or other communications between the Parties regarding the same. If Client submits any order form with contrary terms or conditions, such order form shall be considered only as confirmation of the order and shall in no way amend, prevail over, supplement, or supersede any of the provisions of this Agreement or any Exhibit. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between the Exhibits will be resolved in their listed order, which include: • Exhibit A: SaaS Terms and Conditions • Exhibit B: Agreement to Purchase / Quote • Exhibit C: Scope of Work II. Term and Termination "The Term and Conditions of the Agreement are effective from the date on which UPsafety signs this Agreement (the "Effective Date") and will remain in effect for THREE (3) years from the date on which the Software is deployed to Client (the "Go Live Date").On the third anniversary of the Go Live Date, and on each anniversary date thereafter, this Agreement will automatically renew for a one-year period upon the same terms and conditions. If either the Client or UPsafety does not wish for any such renewal, a Party must notify the other party in writing of its intention not to renew no later than sixty (60) days prior to any such anniversary date, in which case this Agreement shall terminate on such anniversary date. If handheld and training costs have been paid in full, either Party may terminate this Agreement for convenience with sixty (60) days' written notice, or terminate for cause with immediate effect in the event that a Party provides written notice to the other Party of a material breach and the breaching Party fails to cure the breach within fifteen (15) days after receiving written notice of the breach from the non -breaching Party. In the event this Agreement is terminated for convenience, the terminating Party will be responsible for providing all services and/or paying all fees described herein that are incurred before the date of termination. In the event the Provider terminates this Agreement for cause UPsafety shall not be entitled to receive any further payment under this Agreement after the termination date set forth in the notice. 1912' III. CityCiteTM Platform Component Terms UPsafety will provide the service, or services as specified in Exhibit B: Agreement to Purchase in conformance with the following Terms: I. Physical Equipment UPsafety will supply hardware to Client in the models and quantities set forth in the attached Agreement to Purchase. All equipment provided by UPsafety under this Agreement will be standard new and unused equipment of the latest model available. Where any standard part or accessory of such equipment is not described, it shall be understood that all equipment and accessories that are provided standard with such equipment shall be furnished. Client acknowledges that, if the equipment has not been purchased outright by the Client, that the equipment is the property of UPsafety, and Client agrees to exercise reasonable care of said equipment while in its possession. Leased equipment that becomes lost or stolen will be the sole responsibility of the Client, and will be billed to the Client at current price or price defined in Exhibit B — Agreement to Purchase. If the exact equipment is not available, UP Safety will provide a similar unit that is compatible with solution at current price. II. Data Plans UPsafety will provide a Data Plan for each device requiring one, allowing unlimited data usage for the handheld devices covered by these plans, for the pricing laid out in Exhibit B: Agreement to Purchase. UPsafety expressly disclaims all warranties as to the network's reliability, fitness for a particular purpose or uptime. III. Paper and Physical Consumables Paper, Permits and other Physical Consumables will be provided in the configurations and quantities identified in the attached Agreement to Purchase. Additional paper can be purchased for the same terms for up to (1) year from this Agreements Effective Date, after which paper can be purchased at UPsafety's then current price list. If Client orders custom printer paper not quoted in the attached Agreement to Purchase, UPsafety will provide a separate Agreement to Purchase to Client detailing costs. IV. Public Citation Management Portal UPsafety will provide an online payment portal and an interactive voice recognition (IVR) system through which patrons may view, pay and dispute outstanding parking citations, as well as view, purchase and apply for permits. V. Automated Notice Generation, Owner Lookups & Collections UPsafety will prepare all Delinquent Notices and Notice of Violations for outstanding tickets issued to vehicles bearing State of Alaska plates and Out -of -State plates (to the extent allowed by each State's DMV) to the last known registered owner(s). State agency approval will also be obtained where applicable with assistance from the Client. Such notices shall comply with state rules and regulations in all material respects. If authorized by Client, citations which remain unpaid may be submitted to the applicable Courts for escalation, and/or submitted to a collections agency to initiate a further collections process. 137 VI. Custom Software Development Upon the request of the Client and the receipt by UPsafety of a signed purchase order, UPsafety may perform custom software development to customize the CityCite TM, CodeCiteTM or ForCiteTM platforms to meet the Client's needs. Work will be performed in accordance with an issued Statement of Work ("SOW'), and will be performed in a professional and workmanlike manner in accordance with recognized industry standards and other specifications as outlined in the project specific SOW. All development is owned exclusively by UPsafety unless client ownership is explicitly defined in the SOW. VII. Support & Issue Resolution Through the life of the Contract, UPsafety will provide online, telephone and e-mail support to Client during the Term, providing live, direct UPsafety Product Support from 8:00 a.m. to 5 p.m. EST, Monday through Fridays, excluding holidays. Additionally, Email and Voice Mail will be made available 24/7 and a reply will be generated by UPsafety initiating the Support call within 1 hour. UPsafety Product Support will assist Clients in communications relating to, but not limited to: • Recommendations for optimal use of CMP • Problems with or questions pertaining to the operation of CMP • Problems with interfaces between CMP & other systems • Error messages from CMP • Printing issues related to CMP Mobile Software • Questions about CMP customizable reporting tool VIII. Shipping Costs Client will be responsible all shipping costs to its facility incurred by UPsafety for the shipment of Paper, Equipment, Permits and all other physical components required to operate the CMP. Ix. Out of Scope Services Additional services requested by the Client that are not described in this Agreement must be submitted in writing by the Client. UPsafety will prepare a separate statement of work along with a detailed cost estimate to be approved in writing by the Client prior to the implementation of said changes or additions. This includes, but is not limited to, requests for additional equipment, installation of additional sessions, Client requested software modifications and/ or relocation of equipment. X. Service Level Agreement for Cloud Services UPsafety will provide the software with uptime of at least ninety-nine point nine percent (99.9%) calculated over a rolling six-month period ("uptime guarantee"). For any month during which system uptime drops below the uptime guarantee, UPsafety will provide a billing credit in an amount equal to: the percentage difference between a) the lowest uptime reached at any point during the month (calculated on a rolling six-month period) and b) the uptime guarantee multiplied by the total fees payable to UPsafety for such month. For example, if during a given month the software uptime fell as low as ninety-five percent (95%) and during that month, the fees payable to UPsafety were one hundred dollars ($100.00), UPsafety would issue a billing credit of four dollars and ninety cents ($4.90). For the purposes of this agreement, uptime is defined as any period of time during which end users of the software can use the software to: (1) pay for parking citations and permits, and (2) issue and manage parking citations and permits minus any scheduled maintenance window and any other maintenance or outage that may be required. 138 IV. Merchant Processing Framework In performing UPsafety's obligations in connection with the maintenance of the Public Citation Management Portal ("PCMP"), UPsafety will serve as the merchant of record for all PCMP transactions and will supply a payment gateway for all such transactions. Except for chargeback fees and any other transaction exception fees from UPsafety's merchant bank, UPsafety will be responsible for all merchant processing costs associated with citation payments made online through the payment portal provided by UPsafety, including, without limitation, settlement fees, payment gateway fees, and interchange reimbursement fees. Chargeback fees from UPsafety's merchant bank will be passed through directly to Client with no markup. UPsafety will remit all fees and fines to Client, less UPsafety's per transaction fees, refunded transactions and associated fees, merchant processing fees and chargeback and refund fees as applicable based on the pricing set forth in Exhibit B: Agreement to Purchase. V. Fees Client agrees to the fee schedule outlined within Exhibit B: Agreement to Purchase. Invoices will be submitted on a monthly basis, payable within thirty (30) days upon receipt. Fees may increase after the initial term at every term renewal as set forth in the quote as. If not defined in the quote, renewals may increase by an amount not to exceed the Consumer Price Index ("CPI"). VL Payment Payment for Software Licensing, Data Plans and CiteGuardPlusTM Warranties are invoiced one (1) year in advance. Payment for purchased Hardware and CiteGuardTM warranties are due prior to installation. If handheld and other upfront costs have been amortized over a three-year term, the lump sum payment outlined in the attached Agreement to Purchase will be invoiced one year in advance. Payments for any Revenue Share, Owner Lookups, Data Entry, Automated Notices and Call Center Support, as applicable, are invoiced monthly on an as -used basis conformant to the Agreement to Purchase or other Appendices. UPsafety shall keep accurate records of all services performed under this agreement and shall submit such information to the Client with each invoice. Any payment for goods or services provided under this agreement shall be made to UPsafety not more than thirty (30) days after receipt of an invoice and acceptance of the goods or services by the Client. VII. Signatures This Software License and Service Agreement ("Agreement") is entered into, as of the Effective Date, between United Public Safety, Inc. and the Client named below. This Agreement includes and incorporates the terms and conditions found in this document and the Standard Terms and Conditions found in Exhibit A, and the terms and conditions found in Exhibits B through C, which are attached hereto and incorporated herein by reference. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. SIGNATURE PAGE TO FOLLOW `KN Agreed and Accepted: United Public Safety, Inc. City of Seward - AK By By Name Name Title Title Date Date IC1i; SaaS Terms and Conditions These United Public Safety Terms and Conditions are related to and deemed incorporated into the CONTRACT aforementioned between United Public Safety, Inc., a Pennsylvania corporation having a principal place of business in 321 Morris Road, Fort Washington, Pennsylvania ("UPsafety"), and the City of Seward(the "Client"). Client's execution of a CONTRACT referencing these Terms and Conditions shall be deemed Client's agreement to these Terms and Conditions. In the event of any conflict between the terms of the CONTRACT and these Terms and Conditions, the CONTRACT shall control with respect to such conflicting terms. 1. Definitions For purposes of these Terms and Conditions, the terms below shall have the meanings defined below. Additional terms are defined in the preamble above and throughout these Terms and Conditions. i.i. "Client Content" means any data, databases, information, trademarks, service marks, logos, files, images, text, files, records or other content that may be provided by or on behalf of Client or its authorized users for use in conjunction with the Software or Services. 1.2. "SaaS Term" means the period during which the Services and access to the Software will be provided by UPsafety to Client, including the Initial Term and any Renewal Terms (as each is defined in Section8.1). 1.3. "Services" means the hosting, maintenance, support and other services provided by UPsafety pursuantto these Terms and Conditions. 1.4. "Software" means the software specified in the CONTRACT, with "Management Platform" referring tothe internet accessible management portal, customer facing websites, and "Mobile" referring to the Android based data collection software. i.s. "UPsafety Content" means any information, documentation or other materials provided to Client by UPsafety relating to the Software, including, without limitation, the User Documentation. 1.6. "User Documentation" means the UPsafety user documentation relating to the Software. 1.7. "CONTRACT" means the agreement accepting the costs and terms of the products and services sold to Client by UPsafety. 1.8. "Web Sites" means the web sites of UPsafety, including the web sites that provide access to the Software. 2. Web -Based License UPsafety grants to Client, and Client accepts, a nontransferable, nonexclusive license and right to access the Management Software via the Internet, and to the Mobile Software through mobile devices on which UPsafety has installed their software at the client's behest. Client agrees to the use of this Software and the User Documentation only as authorized in these Terms and Conditions, for its own internal purpose and operations, during the SaaS Term. Client acknowledges that its access to and use of the back end management Software will be web -based only. This Software will not be provided to Client in CD-ROM or DVD form (or any other form of media) and will not be installed on any servers or other computer equipment owned or otherwise controlled by Client. Instead, the Management Software will be hosted by UPsafety (as described in Section 3) and accessed and used by Client through the use of the Internet and Client's computers, while Mobile Software will be installed on Client mobile devices exclusively by UPsafety. 3. Accessibility UPsafety will provide Client access to the latest supported version of the Management Platform Software via the Internet, from the Microsoft Azure hosting facility leased by UPsafety on a 24x7 basis, except for scheduled and emergency maintenance as set forth in Section 9, Mobile Software, which may be installed on Client's mobile devices, will also be accessible 24x7, but may lack connectivity to the Management Platform during maintenance periods, or `EIN in the absence of wireless connectivity. 4. Limitations The maximum number of Client's employees, Contractors, volunteers, and other agents that are simultaneously accessing or using the Software at any given time shall not exceed the number of users specified in the CONTRACT. Client's use of the Software may not exceed the scope of the use provisions above without the express written agreement of UPsafety. 5. Permitted Uses Consistent with and subject to UPsafety's database permissions and limitations, users shall be permitted access to the UPsafety CityCite® products for the following uses (but only such uses) as described below: By users as permitted and authorized by Client within the terms and features of the CONTRACT: (i) Issuance & Management of Citations, Tickets & Permits (ii) Customization & Management of Settings, Rules, Reporting and User Permissions (iii) Customization & Management of Public Citation Management Portal The permitted uses described herein shall only be permitted during the SaaS Term. Client agrees that upon expiration or termination of the SaaS Term, all rights granted to Client shall immediately terminate and revert to UPsafety, and Client shall destroy the UPsafety Content and any and all copies thereof, in any form, and shall erase from all computer, electronic, or other storage device or otherwise destroy all images and copies of the UPsafety Content, and shall provide certification as to the same. 6. Hyperlinks UPsafety's web sites may contain hyperlinks to other web sites which are not maintained by, or related to, UPsafety. Hyperlinks to such web sites are provided as a service to users and are not sponsored by or affiliated with the Web Site(s) or UPsafety. UPsafety does not continuously monitor or review any or all of such web sites and is not responsible for the content of those web sites. Hyperlinks are to be accessed at the user's own risk, and UPsafety makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the web sites hyperlinked to the Web Sites. UPsafety provides hyperlinks as a convenience, and the inclusion of any hyperlinks to a third party web site does not necessarily imply endorsement by UPsafety of that web site or any association with its operators. UPsafety has no liability for any damage or loss that Client or its users maysuffer as a result of the use of any third -party web sites. 7. Additional Storage Fees UPsafety shall provide a default maximum storage space of 250 GB, which includes the backup and retention thereof, to the Client within the hosted environment. Any additional data usage beyond the initial 250 GB will be billed in accordance with the Agreement to Purchase or Quote or as real increased cost levied by providers are incurred, as specified in the CONTRACT. 8, Maintenance Window UPsafety and/or its hosting or telecommunications vendor(s) may perform system maintenance within the following "Maintenance Windows" during which time access to the Software, Services and Client Data may be temporarily unavailable: O "Security Maintenance/Upgrade Window" — Nightly between 12 a.m. and 6 a.m. U.S. Eastern Time for application of periodically distributed security/software updates as provided by operating system, network, and firewall vendors, or UPsafety. ( i) "Emergency Maintenance Window" — In the event there is an unforeseen issue that causes the Software or the Services to be unavailable or the performance of the Software or the Services to be materially inhibited, in which case the Software or Services may be temporarily unavailable while UPsafety and its vendors work to resolve the issue. 1EIVA Client understands and agrees that there may be instances when UPsafety needs to interrupt access to the Software without notice in order to protect the integrity of the Software or Services due to security issues, virus attacks, spam issues or other unforeseen circumstances. 9. Availability 9.i Commitment Level. UPsafety will provide access to the Software during the SaaS Term, defined within CONTRACT. Any Maintenance Window shall not be included as downtime for purposes of determining availability. 9.2 System Monitoring. UPsafety will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain application performance. UPsafety will use an internal system to measure whether the Software is available, and Client agrees that this system will be the sole basis for resolution of any dispute that may arise between Client and UPsafety regarding these Terms and Conditions. UPsafety will not systematically monitor Client Content, but UPsafety reserves the right to review Client Content from time to time in its discretion. UPsafety reserves the right to (a) disable access to or delete any Client Content which it determines in its sole discretion (such discretion to be exercised in good faith) to be illegal, obscene, threatening, defamatory, fraudulent, infringing, harassing, or otherwise offensive, and (b) disable access to or delete any other Client Content under justified exigent circumstances, as such circumstances are determined in good faith by UPsafety. UPsafety also reserves the right to monitor, restrict, and terminate Client's ability to build, run and obtain reports and batch jobs/processes through the use of the Software or Services if Client is using excessive computing resources which are impacting the performance of the Software and Services for other subscribers. UPsafety agrees to notify Client in cases where it restricts or terminates such reports or jobs/processes and use good faith efforts to determine an appropriate alternative or work -around solution. 10. Upgrades UPsafety will install upgrades/releases of the Software which are generally made available to its other subscribers, including patches and/or fixes, as they are made available, at no charge during the SaaS Term. 11. Client Responsibilities Client will retain responsibility for administering security within the UPsafety applications (e.g., the granting of rights to a user for a specific form in the application), including maintaining the secrecy of all usernames and passwords. Client shall be responsible for all actions taken using the usernames and passwords provided to Client. Client is responsible for maintaining its user desktops and other devices and providing users network and internet access to the Software. Client is also responsible for ensuring that its users comply with these Terms and Conditions with respect to use of the Software and Services. Client shall provide secure connectivity to the Internet for its location(s) for purposes of providing adequate access to Software hosted at the Hosting Site. UPsafety shall not be responsible for the reliability or continued availability of the communications lines, or the corresponding security configurations, used by Client in accessing the Software via the Internet. Client shall provide adequate industry "best practice" standards to ensure reasonable security for integration between applications at the Client site and Software hosted by UPsafety. Client shall provide accurate input information in the manner reasonably prescribed by UPsafety in connection with the Software and Services provided under these Terms and Conditions. Client shall advise UPsafety of any changes to Client's operations, banking relationships, Primary Contact, or other information that would require a change in the support, operation, or configuration of the hosted Software. Client shall configure necessary user accounts via the administrator account provided by UPsafety. Client shall be responsible for ensuring that any Client Content is accurate, not corrupt in any way, and does not contain any viruses. Client shall be solely responsible for, and shall hold UPsafety, its third party suppliers, and their respective Representatives harmless from any loss, damage or liability arising in connection with Client's inputs, selection and use of the Services, and all data (including Client Content), reports, statements and other content transmitted, posted, received or created on the UPsafety system through Client's account, even if transmitted, posted, received or created by a third party 12. Intellectual Property Rights Client agrees that the Software, User Documentation and Services are proprietary products and services and that all right, title and interest in and to the Software, User Documentation and Services, including all associated intellectual property 143 and other proprietary rights, are and shall at all times remain with UPsafety and its third party licensors. The Software contains trade secret and proprietary information owned by UPsafety or its third party licensors and is protected by United States copyright laws and international trade provisions and other applicable law. Client must treat the Software like any other copyrighted material and Client may not copy or distribute the Software or the User Documentation, electronically or otherwise, for any purpose. Client hereby grants to UPsafety a nonexclusive right to use all Client Content for the purposes of providing the Software and Services to Client and its authorized users pursuant to these Terms and Conditions. Client represents and warrants that the Client Content does not infringe or violate the intellectual property, proprietary or personal rights of any third party and Client has the right to grant UPsafety the right to use the Client Content as set forth herein. 13. Other Restrictions Use of the Software and Services is restricted to use by the specific licensing entity only, and only for Client's internal business purposes. Client may not use the Software or Services for the benefit of any third parties or provide service bureau or other access or use of the Software or Services to third parties. Client may not, directly or indirectly, sublicense, assign, transfer, sell, rent, lend, lease or otherwise provide the Software, Services (or any portion thereof, including without limitation any capacity) or the User Documentation, or any portions thereof, to any third party, and any attempt to do so is null and void and shall be deemed a material breach of these Terms and Conditions. Client may not reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software. Client shall not use the Software for any commercial purpose beyond the functionality for which the Software is intended. Client hereby agrees, represents and warrants to UPsafety that Client will not access or use the Software or the Web Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. Client will not use the Software, Services or UPsafety ToCite, CityCite, CodeCite and ForCite Cloud product to take any actions that (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, or obscene; (iv) constitute unauthorized entry to any machine accessible via the network; (v) create or build any derivative works from any information, content, software, products or services obtained from or otherwise connected to UPsafety's Software or Web Sites, including appending such information or content to Client's internal database for distribution to multiple nonprofits as a donor database product or service; or (vi) distribute, transfer or resell the results of Client's use of the Software, Services or Web Sites. Client shall not interfere with or disrupt network users, services or equipment with the intent to cause an excessive or disproportionate load on UPsafety's or its suppliers' infrastructure by means of (but not limited to) distribution of unsolicited bulk emails or chain letters, viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines. Client further agrees to cooperate with UPsafety in causing any unauthorized use (including but not limited to co -branding, framing or hyper -linking) to immediately cease. 14. Location, Audio, Image and Video Services Client acknowledges and consents to the automated and manual creation and/or collection of Location -Based, Audio, Image, and/or Video Services information in the Software and/or Device through interaction between the Devices where the Software is installed, UPsafety's servers, and third party applications and systems. UPsafety will use commercially reasonable efforts to ensure the accuracy of Location -Based, Audio, Image, and/or Video Services; however, UPsafety assumes no liability or responsibility in the event of inaccuracies in such information. While UPsafety uses commercially reasonable efforts to safeguard such information, UPsafety assumes no liability or responsibility for losses resulting from illegal or fraudulent access to Location -Based, Audio, Image, and/or Video Services related information. UPsafety also reserves the right to make such information available to auditors, police and other governmental agencies as permitted or required by law. 15. Software Modifications Client shall not make any modifications to the Software. Any modifications that Client makes to the Software will void any warranty obligations contained in these Terms and Conditions and UPsafety in its sole discretion, may terminate the CONTRACT. 16. Limitation of Liability UPSAFETY'S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THESE TERMS AND CONDITIONS, 144 REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO EVENT EXCEED THE FEES PAID BY CLIENT DURING THE TWO-YEAR PERIOD PRECEDING NOTICE TO UPSAFETY OF CLIENT'S LOSS. IN NO EVENT SHALL UPSAFETY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON- PECUNIARY LOSS, HOWEVER ARISING, EVEN IF UPSAFETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPSAFETY SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN SOFTWARE ACCESS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS, INTERNET SLOWDOWN OR FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 17. Independent Contractor UPSAFETY IS AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OR EMPLOYEE OF CLIENT. NO AGENCY, PARTNERSHIP, FRANCHISE, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP EXISTS BETWEEN UPSAFETY AND CLIENT. UPSAFETY'S EMPLOYEES AND AGENTS WILL NOT BE EMPLOYEES OR AGENTS OF CLIENT. UPSAFETY SHALL BE FULLY AND SOLELY RESPONSIBLE FOR THE SUPERVISION, CONTROL, PERFORMANCE, COMPENSATION, BENEFITS (INCLUDING, WITHOUT LIMITATION, ALL FORMS OF INSURANCE) WITHHOLDINGS, HEALTH AND SAFETY OF ALL OF ITS EMPLOYEES AND AGENTS. CLIENT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY WITHHOLDING TAXES OR CONTRIBUTIONS TO STATE WORKER'S COMPENSATION, UNEMPLOYMENT OR OTHER FUNDS OR PROGRAMS. 18. Notices All notices, consents and communications required hereunder shall be given in writing and delivered by electronic mail or mail, shall be deemed to be given upon receipt thereof and shall be sent to address below: United Public Safety, Inc. 321 Morris Road Fort Washington, PA, 19034 EMAIL: joe.weiler@t2systems.com 19. Compliance with Applicable Law ALL WORK PERFORMED BY UPSAFETY SHALL BE IN CONFORMANCE WITH PERTINENT OSHA, LOCAL, STATE AND FEDERAL GOVERNMENT LAWS, RULES AND REGULATIONS. UPSAFETY FURTHER COVENANTS AND AGREES THAT ALL WORK PERFORMED AND FURNISHED HEREUNDER SHALL BE IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS. 20. Warranties Mutual Warranties. Each party warrants that (i) it has the right and power to enter into these Terms and Conditions, and (ii) it will comply with all applicable laws and regulations pertaining to these Terms and Conditions. UPsafety Limited Warranty. UPsafety warrants that the Services will be performed in a professional and workmanlike manner in accordance with recognized industry standards and other specifications as outlined in the CONTRACT. UPsafety Limited Warranty. UPsafety warrants that the Services will be performed in a professional and workmanlike manner in accordance with recognized industry standards and other specifications as outlined in the CONTRACT. Exclusive Remedies. If, during the Warranty Period the Software fails to comply with the Software Warranty set forth above, UPsafety's entire liability and Client's exclusive remedy beyond these damages will be either to (a) repair or replacement of the Software, or (b) if in UPsafety's opinion such repair or replacement is not possible, termination of the SaaS Term and a refund of the Subscription Fees paid for the Software. This limited warranty is void if failure of the Software has resulted from accident, abuse, misuse or negligence of any kind in the use, handling or operation of the Software, including any use not consistent with the User Documentation or UPsafety training. UPsafety's entire liability `[R and Client's exclusive remedy for any breach of warranty with respect to the Services as described above shall be UPsafety re -performing the Services performed. Disclaimers. Any written or oral information or representations provided by UPsafety agents, employees, resellers, consultants or service clients with respect to the use or operation of the Software will in no way increase the scope of UPsafety's warranty. UPsafety and its suppliers exercise no control whatsoever over the content of the information passing through their systems. Client and users must exercise their own due diligence before distributing and/or relying on information available on the Internet, and must determine that they have all necessary rights to copy, publish, or otherwise distribute such information under copyright and other applicable laws. Neither UPsafety nor its suppliers will be liable for any consequences of providing services, including those suffered as a result of delivering or accessing information or content, such as accessing information with offensive, inaccurate or inappropriate content, the possibility of Contracting computer viruses, or unauthorized access to or alteration, theft, or destruction of any data, files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. UPSAFETY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE AND IN THE CONTRACT, UPSAFETY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW. FURTHER, UPSAFETY EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW. 21. Confidential Information Definition. The term "Confidential Information" shall mean: (i) any and all information which is disclosed by either party ("Owner") to the other ("Recipient") verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary; and (ii) the terms, including, without limitation, the pricing, of the Software and Services and any proposals or other documents that preceded these Terms and Conditions. Confidential Information shall include, but not be limited to, personal information (individual name, address, contact information, and individual payment amounts), organization and credit card information, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, client lists, employee information, financial information, confidential information concerning any of Owner's past, current, or possible future programs, and confidential information concerning Owner's business or organization, as Owner has conducted it or as Owner may conduct it in the future. In addition, Confidential Information shall include information concerning any of Owner's past, current, or possible future products or methods, including information about Owner's research, development, engineering, purchasing, manufacturing, accounting, marketing, selling, leasing, and/or software (including third party software). Treatment of Confidential Information. Owner's Confidential Information shall be treated as strictly confidential by Recipient and shall not be used by Recipient other than in connection with its performance under these Terms and Conditions or disclosed by Recipient to any third party except to those third parties operating under non -disclosure provisions no less restrictive than in this Section and who have a justified business "need to know". Client shall protect the deliverables resulting from Services with the same degree of care. These Terms and Conditions impose no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of these Terms and Conditions; (c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information; or (e) is required to be disclosed by court order or applicable law, provided notice is promptly given to the Owner and provided further that diligent efforts are undertaken to limit disclosure. UPsafety does not guarantee that Confidential Information provided to it in order for UPsafety to perform its support or professional services will be stored indefinitely and UPsafety reserves the right to purge such information from its database after one (1) year. The preceding statement does not affect information stored in the Software. Client Database. On the Commencement Date, UPsafety will notify Client's Primary Contact prior to accessing the Client's database file for the purpose of providing trouble -shooting, problem resolution, support, and professional services and will proceed once confirmation is received from the Client via email or phone communications. Client authorizes UPsafety to edit data without notification for all work performed prior to the commencement of the Initial Term and Client is required to cooperate with UPsafety to provide or request specific data edits as part of the implementation project. IC1: Rights and Duties. The Recipient shall not obtain, by virtue of these Terms and Conditions, any rights, title, or interest in any Confidential Information of the Owner. Within fifteen (15) days after termination of the SaaS Term, each party shall certify in writing to the other that all copies of Confidential Information in any form, including partial copies, have been destroyed, returned, or used solely as the Owner so directs. Survival. The terms of this Section shall survive termination of the SaaS Term. If the parties have executed a separate agreement that contains confidentiality terms prior to or contemporaneously with entering into the CONTRACT (and thereby, these Terms and Conditions), those separate confidentiality terms shall remain in full force to the extent they do not conflict with these Terms and Conditions. 22. Indemnity By UPsafety. UPsafety shall indemnify and defend Client against any third party claims that the Software or other Work Product (defined below) made available to Client by UPsafety infringe any United States, Canadian or Mexican patent or copyright during the SaaS Term, provided that UPsafety is given prompt notice of such claim and is given information, reasonable assistance, and the sole authority to defend or settle said claim. In the defense or settlement of any claim relating to infringing Software or other Work Product, UPsafety shall, in its reasonable judgment and at its option and expense: (i) obtain for Client the right to continue using the Software or other Work Product; (ii) replace or modify the Software or other Work Product so that it becomes non -infringing while giving substantially equivalent functionality; or (iii) if UPsafety determines the remedies in (i) or (ii) are not commercially reasonable, as its sole obligation, terminate the SaaS Term. UPsafety shall have no liability to indemnify and defend Client to the extent (i) the alleged infringement is based on infringing information, data, software, applications, services, or programs created or furnished by or on behalf of Client; (ii) the alleged infringement is the result of a modification made by anyone other than UPsafety; or (iii) Client uses the Software or other Work Product other than in accordance with these Terms and Conditions or any documentation delivered by UPsafety. This Section states UPsafety's entire liability and Client's sole and exclusive remedy for claims relating to infringement. By Client. Client shall indemnify and defend UPsafety against any claims (i) resulting from Client's and its users' use of the Software, Work Product or Services; (ii) that any Client Content (including without limitation content provided by Client for inclusion on a donation site) infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, intellectual property, trade secrets or licenses; or (iii) arising from or relating to Client's or its users' failure to comply with these Terms and Conditions. Survival. The terms of this Section shall survive termination of the SaaS Term. 23. Data Ownership Client retains all rights to Client Content generated by the Customer. Except as otherwise set forth herein, UPsafety shall not at any time use Client Content or disclose Client Content to any third parties, except that UPsafety may use Client Content for the purpose of meeting its obligations under the CONTRACT and providing the Services, and may store, back- up and archive Client Content and may generate anonymized data from Client Content. 24. Right to Work Product Any invention, discovery, creation, expression or other result of UPsafety's Services, such as findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces, enhancements, software, and other technical information (collectively "Work Product"), created by UPsafety in the course of performing the Services hereunder are the property of UPsafety and are licensed to Client, without further license fees, pursuant to the license in these Terms and Conditions, provided, however, Work Product does not include, and Client shall retain title to (i) Confidential Information of Client, and (ii) all Client Content. Client shall have no right to sublicense, transfer, assign, convey or permit any third party to use or copy any Work Product. 25. Force Majeure Except for Client's obligation to pay UPsafety, neither party shall be liable for any failure to perform its obligations under these Terms and Conditions if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, epidemic or quarantine restrictions, earthquakes, riots or civil commotion, strikes, war, and restraints of government, freight or other embargoes, 147 weather conditions or any failures by UPsafety's subcontractors or suppliers. 26. Assignment Neither these Terms and Conditions nor the CONTRACT shall be assigned by Client without the prior written consent of UPsafety. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, these Terms and Conditions are binding upon, inure to the benefit of, and are enforceable by the parties hereto and their respective successors and assigns. 27. Miscellaneous Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. If any provision of these Terms and Conditions are held to be unenforceable, the other provisions shall nevertheless remain in full force and effect. The failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of these Terms and Conditions will not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. These Terms and Conditions and the CONTRACT together set forth the entire agreement between the parties with respect to the subject matter hereof and all other agreements, purchase orders, representations, communications and understandings, both oral and written, are superseded hereby. 148 I jj f MIL7 , E ��� , CI� Thursday, February 24, 2022 Quotation #22334 V2 United Public Safety I Cost Proposal Hardware Pricing Unlike many enforcement providers, we provide full, in-house support for the hardware we resell to you. That means that instead of calling Printek/Samsung's technical support hotline, you're calling our fully US -based staff under the same one -hour Service Level Agreement that we maintain for our software. We believe anything less is not supporting the whole solution. There are three main hardware options: XF Print Hardware Package - $2695.00 per Package We recommend this successor to our popular N5 class of one-piece devices as the workhorse device foryour enforcement personnel. The hardware package includes the mobile computer, two hot- swappable external battery packs, a charging dock which allows both the device and a supplemental battery to be charged in tandem, a power supply/charging cable, a strap, carrying case, and vehicle charger. Samsung Note 20 & Printek FP530 Thermal Printer— $1950.00 per Package For a two piece solution, this is an excellent choice. This package includes (1) new in box Samsung Galaxy S20 device, (1) ruggedized case, (1) stylus, (1) new in box Printek FP 530 3" Bluetooth printer including a belt clip. Client -Procured Android Device + BT Printek FP530 Printer- $659.00 per Printer + $225.00 per Android Device Configuration Client could procure the compatible Android device of its choosing to pair with the FP530 3-inch Printer and configure device to utilize the CityCite mobile software. Hardware Warrantv & Data Plan Ootions CiteGuardP/us Warranty - $35 per Device per Month In the case of hardware damage or failure, this warranty fully covers: 1.) Immediate shipment of a no -cost Loaner device to replace the affected device 2.) A call tag for the affected device for shipment to our offices for repair 3.) Shipping for the repaired device back to your offices 4.) A call tag for the Loaner device This provides for instant remediation of hardware issues, and keeps officers enforcing. Verizon 5G Data Plan — $35.00 per Device per Month We resell data plans from Verizon exclusively, because their network and speed are uncompromising. This plan includes mobile data for one device. United Public Safety, Inc., 321 Modii�Road, Fort Washington, PA, 19034 Thursday, February 24, 2022 Quotation #22334 V2 Platform Pricing and 24/7 Software Support CityCiteTM Platform Fee — $249.00 per Active Device per Month We sell our cloud hosted software suite at a recurring monthly license fee per device per month based on the functionality utilized. This fee includes: 1) A license for (1) mobile user and (1) cloud user to use our front-end data entry software, and cloud based back end management software. This includes access to all features of our software, including the iPermit permitting module. 2) 24/7/365 in house help desk support for any and all software and hardware issues. 3) Access to our Client Resource Center, which provides in depth details of the functionality within our mobile and back end software, including video demonstrations and guided walk throughs. 4) Any and all software updates, including product enhancements, issue resolutions, and new feature releases as they become available. Since inception, we have been releasing new software to clients rapidly. Some major upgrades in 2021, provided at no additional cost to ALL current subscribers, included: • New Permits dashboard with data visualizations and quick reports. • Geo-zone Mapping for Permits • Temporary hourly and daily permits • New embedded documentation site with training videos and feature walkthroughs • Major UI upgrades to enhance user experience and simplify workflows • Two-way integration with T2 Collections service, CCS To ensure these features are fully utilized, we regularly hold UPsafety User Webinars, at no additional cost to subscribers, before each major update to identify, train, and answer any and all customer questions and concerns. Users who cannot make the webinar can request a recorded copy to view anytime. 5) Free admission to our yearly Users Conference 6) Two free remote training sessions per year to ensure all users remain product experts CityCiteTM Platform Fee — $199.00 per Additional Back Office License per Month We sell our cloud hosted software suite at a recurring monthly license fee per back office license per month based on the functionality utilized. Patron Portal — Greater of 4.00% or $3.00 per Citation or Permit Paid Online We can fully customize an e-commerce site to meet your needs, including branding, adding customized dispute fields, and developing lookup logic. Through the portal, patrons can: • Review photo evidence, as well as all ticket data recorded at the time of issuance • Pay tickets online, from the moment a ticket is issued, via QR code on the ticket, the website printed on the ticket, or, through the Interactive Voice Response (IVR) phone number • Dispute and inquire as to ticket status, including the upload documents to be viewed by enforcement or administrative staff United Public Safety, Inc., 321 Modii'Road, Fort Washington, PA, 19034 Thursday, February 24, 2022 Quotation #22334 V2 When a violator pays a $30.00 citation, they will pay the citation amount, plus the service fee, and we will remit the full $30.00 citation value to you next day. Trainina and Imolementation Personalized Webinar Training — $895.00 One Time This fee is for online training of your officers and administrators on how to use the system inside and out, as well as training managers to a Train the Trainer standard. Cloud Set Up and Customization — $1875.00 One Time We charge this fee to fully customize the cloud to your department, including setting permissions for each individual employee, implementing ticket lifecycle business logic, creating report templates specified by managers, importing common street names in order to optimize officer drop down lists and more. Our project managers work quickly, and with your help we can implement your perfect solution within 90 days of contract signing. For projects which cannot be implemented by UPsafety within 90 days of the contract execution date due to factors within your control, an extended project management fee of $500 per week will apply. Examples of factors within your control include but are not limited to; failure of you to provide appropriate information, resources, or personnel reasonably necessary to complete implementation. Any delays caused by third parties or by events outside the control of either UPsafety or you would not be applicable. Processing & Other per Item Services DMV Research In State — At Cost For DMV research for in -state violators, we only charge for lookups when the state leview a fee to conduct a lookup. Out of State — $1.25 per Violator Found DMV research for violators, we charge Per Successful Plate Lookup, which means that a charge is only incurred if a valid address has been found for the requested plate. Automated Delinquent Notices — $0.25 + Cost of U.S. Stamp per Automated Notification The cost of customizing physical notices, which will be mailed to violators as warnings and requests for payment, or, for any other automated correspondence on behalf of your organization, is fully included in the set-up process. This fee is for the printing, stamping and mailing of physical notices to violators. Standard Polyvinyl Paper — —$0.05 Per Ticket Written We provide top quality water and tear resistant polyvinyl paper at a price of $169.00/Case. There are 50 rolls per case and clients see anywhere between 60-70 tickets per roll. The value of $.05/ticket that we mention in our literature is computed as follows: $169 Per Case $3.38 Per Roll _ _ $ 0.05 Per Ticket 50 Rolls Per Case 65 Tickets Per Roll United Public Safety, Inc., 321 ModiFRoad, Fort Washington, PA, 19034 Thursday, February 24, 2022 Quotation #22334 V2 Programmatic Data Conversion — $125.00 per Hour (Waived) Assuming cooperation from the incumbent vendor, we will migrate all records from the current system to CityCite. Custom Software Development (SDE) — $200.00 per Hour for Out of Scope Work We staff a team of Cloud and Mobile software engineers, tasked with constantly improving our product for the better and customizing the product to meet the needs of our customers. We will only bill for software development that exceeds the scope of work specified in this proposal. BBPOS WisePOS E Payment Terminal(s) $399.00 per Unit If the Client would prefer a more integrated option for in person credit and debit card payments, these Terminals integrate directly to the UPsafety cloud, allowing the Client a fully web -based point of sale which allows: Payments to be initiated directly through the Cloud software. When a cashier selects "Accept Card Payment", the Terminal will accept payment only for the amount of selected items. Boasting a full color, touchscreen display, the BBPOS WisePOS E comes with EMV standard, and also allows for expanded functionality as payment trends change, including mobile wallet acceptance, EMV capabilities, and NFC/CTLS. If Terminal(s) are utilized: Credit Card Processing — 2.9% and $0.25 per Transaction This fee will be billed monthly and included on a unified invoice for the amount of processing completed through purchased and utilized UPsafety terminals in the previous month; never taken out of your remittance totals. We believe this makes it easier to track, manage and audit. Scanner L-Tron 491OLR MDT—$475.00 per Unit Microphone Style Driver's License Area Imaging Scanner(s) that enable your officers to scan drivers licenses and vehicle registration to populate data fields in the cloud with ease. United Public Safety, Inc., 321 MorrA Road, Fort Washington, PA, 19034 (Aj UPFFT` Bill To: City of Seward ATTN: Accounts Payable, PO Box 167 Seward, Alaska 99664-1844 United States Prepared By: Poppy Guloien Prepared For: Kylie Grimes Subscriptions UPsafety- Confidential Quotation 321 Morris Road Fort Washington, PA 19034 For: City of Seward Quote ID: Q-22334 Date Issued: 1/7/2022 Expires: 4/6/2022 Ship To: City of Seward 410 Adams St. Seward, AK 99664-1067 United States Kylie Grimes (907) 224-4006 kgrimes@cityofseward.net EIN:92-6000086 Product.. CiteGuardPlus Warranty Code Year 1 100.5006 2.00 USD 420.00 USD 840.00 Verizon 4G LTE Data Plan Year 1 100.5003 2.00 USD 420.00 USD 840.00 CityCite® Monthly Mobile License(s) Year 1 100.5000 2.00 USD 2,988.00 USD 5,976.00 TOTAL: USD 7,656.00 Services 100.5029 Personalized Webinar Training 1.00 USD 895.00 USD 895.00 100.5014 Cloud Setup & Customization 1.00 USD 1,875.00 USD 1,875.00 TOTAL: USD 2,770.00 Hardware Page 1 of 3 154 105.0765 XF Print All -in -One Enforcement Handheld Package 2.00 USD 2,695.00 USD 5,390.00 663.1000 80mm White Polyvinyl Paper/ Case of 50 Rolls (U30070028PV) 1.00 USD 169.00 USD 169.00 TOTAL: USD 5,559.00 Additional Information: Freight Term: FOB -VEND -PP Payment Terms: N30 IRIS Profile: End User: City of Seward GP Customer Number: 2505 Page 2 of 3 Year 1 Total: USD 15,985.00 Year 2 Total: USD 7,656.00 Year 3 Total: USD 7,656.00 Net Total: USD 31,297.00 Tax Amount: USD 0.00 Tax Comments: N/A Total: USD 31,297.00 MV Billing Terms Variable cost services utilized additional. Shipping additional. Inquire with your Sales Representative about Up Front Cost Amortization options. Tax rate, if applicable, will be finalized for calculation at time of invoicing. Invoices paid via credit card will incur a 2.5% convenience fee. Purchase orders can be forwarded to purchaseorders@t2systems.com Quote Number: Q-22334 Customer Signature Print Name Title Date PO # Organization United Public Safety Signature Print Name Joe Weiler Title Vice President of Sales Operations Date Page 3 of 3 fhb: Resolution 2022-055 Documents: • Agenda Statement • Resolution 2022-055 • Attachments: o MOA 157 City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-055: Authorizing the City Manager to Enter into Port Agreements with Cruise Line Corporations for the Purpose of Satisfying Requirements of the Centers for Disease Control and Prevention to Allow Cruise Ships that have Opted in to the Program for Cruise Lines Operating in U.S. Waters to Visit the Port of Seward in Calendar Year 2022 Background and justification: The Conditional Sailing Order (CSO) ceased to be a pre -requisite for sailing on January 15, 2022. However, the CDC continues to encourage Cruise Line Ship Operators (CSL) to follow all CDC public health measures, including reporting, testing, and infection prevention and control. As part of the program, CDC requires local port agreements be approved by port authorities and local jurisdictions, and the Alaska Department of Health and Social Services (serving as the "local health authority'. This year's season, and accompanying local port agreements, will largely be conducted in an identical fashion to last season (with revisions to CDC's guidance for COVID overall, and Cruise Ship operational guidance). Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 1.3.1 Economic Development, 3.1.1 Promote Tourism Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor F1 Parking F1 Wat F1 Healthcare 158 Motor Pool 0 Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature:'`"" Attorney Review,/ Administration Recommendation RxYes X Adopt Resolution Not applicable Other: `&V Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-055 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into Port Agreements with Cruise Line Corporations for the Purpose of Satisfying Requirements of the Centers for Disease Control and Prevention to Allow Cruise Ships that have Opted in to the Program for Cruise Lines Operating in U.S. Waters to Visit the Port of Seward in Calendar Year 2022 WHEREAS, the U.S. Department of Health and Human Services and Centers for Disease Control and Prevention (CDC) issued the "Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew" ("Conditional Sailing Order") on October 30, 2020, as a framework for a phased resumption of cruise ship operations; and WHEREAS, on April 2, 2021, the CDC issued further "Technical Instructions for a Cruise Ship Operator's Agreement with Port and Local Health Authorities under CDC's Framework for Conditional Sailing Order" and a "Checklist for Port and Local Health Authorities: Cruise Ship Operator Agreements under CDC's Framework for Conditional Sailing Order"; and WHEREAS, the CDC's framework was further supplemented by the CDC's April 28, 2021, letter allowing cruise ship operators to submit an attestation to CDC under 18 U.S.C. § 1001 that a specified percentage of crew and passengers are fully vaccinated and submit to CDC a clear and specific vaccination plan, thereby enabling cruise ship operators to resume restricted passenger voyages without conducting simulated passenger voyages; and WHEREAS, on January 15, 2022, the Conditional Sailing Order transitioned to a voluntary program, wherein cruise lines operating foreign -flagged ships in the U.S. may choose to opt in to the entire program on a voluntary basis; and WHEREAS, Cruise Line International Association Alaska and its member lines have opted in to this voluntary program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Port Agreement Authorization. The Manager is authorized to enter into agreements provided that the following conditions are met: A. Cruise Ship Operators must agree to opt into the CDC's COVID-19 Program for Cruise Ships Operating in U.S. Waters and follow program requirements. B. Other conditions that are necessary for the protection of the public health of Seward's citizens and visitors as determined by the Seward City Council. 160 CITY OF SEWARD, ALASKA RESOLUTION 2022-055 Section 2. Effective Date. This resolution shall be effective immediately after its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of April, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 1G11 MEMORANDUM OF AGREEMENT BY AND AMONG ROYAL CARIBBEAN CRUISES LTD D/B/A ROYAL CARIBBEAN GROUP ON BEHALF OF ROYAL CARIBBEAN INTERNATIONAL, CELEBRITY CRUISES AND SILVERSEAS CRUISES; ICY STRAIT POINT (ISP), PORT OF SITKA (PORT SITKA), THE PACIFIC & ARTIC RAILWAY & NAVIGATION COMPANY & PORT OF KETCHIKAN; CITY OF HOONAH, ALASKA (HOONAH), & CITY AND BOROUGH OF JUNEAU (JUNEAU), CITY OF KETCHIKAN (KETCHIKAN); KETCHIKAN GATEWAY BOROUGH & CITY AND BOROUGH OF SITKA (SITKA); PORT OF SKAGWAY; CITY OF SEWARD; ALASKA RAILROAD CORPORATION (SEWARD); WARD COVE; A.J. JUNEAU DOCK, LLC AND STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES (DHSS) `M TABLE OF CONTENTS Recitals................................................................................................. 3 Incorporation of Recitals; Binding Effect......................................................... 4 Term................................................................................................... 4 Port Owners' Obligations; Local Health Authority Obligations ................................ 5 CSLObligations..................................................................................... 5 VaccinationComponent........................................................................... 6 Additional Port Procedures......................................................................... 6 Ports and DHSS Conditional Authorization of Passenger Voyages .......................... 7 Compliancewith Laws.............................................................................. 7 Notices...................................................................................................... 8 Port Owners' Retained Rights and Authority .................................................... 9 Governing Law; Jurisdiction; Exclusive Venue .................................................. 10 Miscellaneous Terms and Conditions............................................................. 10 Exhibits: Exhibit 1—Port COVID-19 Safety Procedures Exhibit 2 — CSL Port Protocols Exhibit 3 — CSL Vaccination Strategy 2 163 This MEMORANDUM OF AGREEMENT ("MOA") is entered on April , 2022 (the "Effective Date"), by and among Royal Caribbean Cruises Ltd D/B/A Royal Caribbean Group on behalf of Royal Caribbean International, Celebrity Cruises and Silverseas Cruises (collectively the "Cruise Line Ship Operator" or "CSL"), and the City of Hoonah, Alaska ("Hoonah"), the City and Borough of Juneau ("Juneau" or "CBJ"), the City of Ketchikan ("Ketchikan"), the Ketchikan Gateway Borough ("KGB"), the Municipality of Skagway ("Skagway"), the City and Borough of Sitka ("Sitka"), the state of Alaska Department of Health and Social Services ("DHSS"), Icy Strait Point, LLC ("ISP"), Port of Ketchikan ("Port of Ketchikan"), Port of Sitka ("Port Sitka"), Port of Skagway ("Port Skagway"), City of Seward ("Seward"), Alaska Railroad Corporation ("Seward"), Ward Cove, and A.J. Juneau Dock, LLC Each of the above parties shall be hereinafter referred to as a "Party" and collectively, as the "Parties". RECITALS WHEREAS, DHSS is, for purposes of this MOA, the "Local Health Authority" responsible for implementing State laws relating to public health and exercising jurisdiction over the Ports (defined below); WHEREAS, the City of Hoonah does not exercise oversight or control as a port authority or local health authority at Icy Strait Point ("ISP"), but (1) accepts DHSS as the local health authority for purposes of this MOA, and (2) has an interest in the health and safety of its residents, and therefore joins this agreement as a Party; WHEREAS, the City of Ketchikan (1) holds local public health powers but accepts DHSS as the local health authority for purposes of this MOA, and (2) exercises authority over City of Ketchikan docks including the Port of Ketchikan; WHEREAS, the Ketchikan Gateway Borough does not exercise oversight or control as a local health authority or as a port authority at the privately -owned Ward Cove, but (1) accepts DHSS as the local health authority for purposes of this MOA, and (2) has an interest in the health and safety of its residents, and therefore joins this agreement as a Party; WHEREAS, the City and Bureau of Juneau (1) has local public health powers in its jurisdiction but accepts DHSS as the local health authority for purposes of this MOA, and (2) exercises authority over two cruise ship docks owned by CBJ and two private cruise ship docks located in Juneau (the "Juneau Ports"); WHEREAS, the Municipality of Skagway does not exercise oversight or control as a port authority or local health authority at Port of Skagway or Pacific and Artic Railway and Navigation Company ("PARN"), but (1) accepts DHSS as the local health authority for purposes of this MOA, and (2) has an interest in the health and safety of its residents, and therefore joins this agreement as a Parry; WHEREAS, the City and Borough of Sitka does not exercise oversight or control as a port authority or local health authority at Port of Sitka, but (1) accepts DHSS as the local health 3 164 authority for purposes of this MOA, and (2) has an interest in the health and safety of its residents, and therefore joins this agreement as a Party; WHEREAS, Icy Strait Point, LLC, Ward Cove Dock Group, LLC, Port of Ketchikan, Port of Sitka, PARN, and the City of Borough of Juneau (collectively, "Port Owners") own, operate, or exercise oversight and control over a port or privately owned dock (each, a "Port", and collectively, "Ports"), thereby serving as U.S. port authorities for purposes of this MOA; WHEREAS, CSL is authorized and qualified to conduct business in the state of Alaska, is entering into this MOA on behalf of itself and its brands and affiliates. WHEREAS, the Parties to this MOA are mutually committed to resumption of tourism in Southeast Alaska following the suspension of cruise ship operations due to the COVID-19 pandemic; WHEREAS, following the suspension of cruise ship operations due to the COVID-19 pandemic, the U.S. Department of Health and Human Services ("HHS") Centers for Disease Control and Prevention ("CDC") issued the "Order under Sections 361 & 365 of the Public Health Service Act (42 U.S. C. §§ 264, 268) and 42 C.F.R. Part 70 (Interstate) and Part 71 (Foreign): Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew" (referred to herein as the "Conditional Sailing Order" or "CSO") on October 30, 2020, as a framework for a phased resumption of cruise ship operations; WHEREAS, while the CSO ceased to be a pre -requisite for sailing on January 15, 2022, the CDC continues to encourage CSLs to continue to follow all CDC public health measures, including reporting, testing, and infection prevention and control; WHEREAS, the Port Authority wishes to resume cruise ship operations and have CSL's vessels utilize the Port pursuant CDC guidance and this MOA; WHEREAS, the CSL recognizes that the Port Authority has control over operations at the Port, which includes the embarkation, disembarkation and berthing at the Port; WHEREAS, the Parties recognize that conditions pertaining to COVID-19 as well as public health rules, requirements, and guidance regarding this virus may change and therefore agree to consider making modifications to this MOA if necessary to implement new procedures, rules, requirements, orders, or guidance; and WHEREAS, the Parties accordingly desire to enter into this MOA and agree to the terms and conditions set forth herein. NOW THEREFORE, the Parties agree as follows: (1) Incorporation of Recitals: Binding Effect. The above Recitals are incorporated herein and made a part hereof. This MOA is intended as a definite expression and record of the purpose and intention of the Parties to pursue a cruise ship season in Alaska, to which each honorably pledge themselves. The sole remedy for any Parry's breach of this agreement is the termination right described in Paragraph 2. I (2) Term. The term of this MOA ("Term") shall be from the Effective Date until any Party terminates this MOA by giving the other Parties at least seven (7) days' written notice. (3) Port Owners' Obligations: Local Health Authority Obligations. 3.1 In fulfillment of CDC recommendations, Port Owners have provided and shall continue to regularly provide information to those of its Port employees anticipated to interact with cruise passenger and/or crew regarding the risks of COVID-19 and how to minimize exposure to same. 3.2 The Port Owners shall comply with applicable requirements of the (i) Port COVID-19 Safety Procedures (Exhibit 1). 3.3 DHSS shall act as the local health authority pursuant to CDC guidelines and shall monitor and enforce compliance with the MOA limited to the authority granted to it under Alaska Statutes, Title 18. DHSS will provide local infrastructure and support for purposes of this MOA. For avoidance of doubt, DHSS's local health authority is limited to the purposes of this MOA for the Term. 3.4 DHSS acknowledges that it has reviewed this MOA, including Exhibits, and is reliant upon CSL's assertions that (i) CSL will have sufficient medical capacity to care for travelers (passengers and crew) if an unanticipated outbreak of COVID-19 occurs on board one or more of CSL's vessels, including potential intensive care and non -intensive care needs, as well as enough capacity to isolate patients with COVID- 19; (ii) CSL will have sufficient quantity of housing on board to meet the needs of travelers (passengers and/or crew) until such travelers meet CDC's criteria to discontinue isolation or for the CDC -recommended quarantine period; and (iii) CSL commits to transport COVID-19 positive passengers to Port of Seattle for medical care, unless CSL makes alternative arrangements with local hospitals, particularly for debark at Port Ketchikan and Juneau. (4) CSL's Obligations. In conducting passenger voyages to or from the Ports, CSL shall always, and at its cost, comply with all requirements and minimum standards provided in this MOA, including all exhibits attached hereto. Such CSL obligations shall include, without limitation, each of the following: 4.1 Port COVID-19 Safety Procedures. T he CSL shall comply with all applicable requirements, protocols, and procedures set forth in the Port COVID-19 Safety Procedures, incorporated and attached hereto as Exhibit 1. 4.2 CSL Port Protocols. The CSL's Port Protocols are attached as Exhibit 2 hereto and include embarkation and disembarkation procedures; disembarkation procedures in the event of a COVID-19 outbreak; emergency response plan; emergency protocols for exigent circumstances requiring other medical services (non-COVID-19 related); protocols for symptom monitoring of non -Port employee port personnel; outbreak -level cleaning plan; and transportation vehicle cleaning requirements. 4.3 CSL Service Arrangements. The CSL shall enter into arrangements, at its sole cost, with lodging facilities, medical service providers, and transportation service providers to provide services in compliance with the guidance issued by the CDC in connection therewith. The Medical Care, Transportation, and Housing Components required by the CDC's COVID-19 Program for Cruise Ships (i.e. the "Voluntary Program") shall be met by existing agreements between CSL and the CSL home port of Seattle for downline ports associated with cruises from Seattle to the Ports. CSL attests and represents that it has existing, fully executed agreements concerning medical transport and medical care as required by the CDC. 4.4 Required Vaccination Strategies. CSL shall comply with and implement all applicable requirements, protocols, and procedures set forth in Exhibit 3 titled "CSL Vaccination Strategies", which is attached and incorporated hereto. (5) Vaccination Com on nent. 5.1 CSL shall ensure that ninety-five percent (95%) of its crew is fully vaccinated. 5.2 To facilitate opportunities for voluntary vaccinations of port personnel who are expected to interact with travelers, the Port Authority has undertaken to provide information regarding the benefits of vaccinations and the availability thereof. (6) Additional Port Procedures. 6.1 CSL Embarkation Procedures. During passenger voyages, the CSL must comply with the CSL embarkation and disembarkation procedures set forth in Exhibit 2 hereto, to insofar as possible minimize contact between travelers and port personnel. 6.2 Emergency Response Plan. In the event that more than one ship calling at a given Port experiences a simultaneous outbreak of COVID-19, or if a moderate or full COVID-19 outbreak (as defined in Exhibit 1) occurs on any of CSL's vessels covered under this MOA, the CSL shall comply with all emergency response plan and outbreak -level cleaning requirements set forth in Exhibits 2 and 3 attached hereto, and with any directives, instructions, and/or standard operating procedures issued by the Port Authority, the Health Authority, and/or the CDC in response to such outbreak. 6.3 Exigent Circumstances Requiring Other Medical Services. For exigent circumstances not covered by the CSL medical services agreements annexed hereto (e.g., a medical emergency not related to COVID-19), the CSL shall follow and comply with the applicable non-COVID-19 medical emergency protocols set forth in Exhibit 2 and Exhibit 3 attached hereto. 6.4 Evacuations at Sea. All medical evacuations at sea must be coordinated by the CSL with the U.S. Coast Guard. i"A 6.5 Disembarkation Procedures in the Event of an Outbreak of COVID-19. In the event of an outbreak of COVID-19 on any CSL vessel operating under this MOA, the CSL will follow and comply with, at its cost, all applicable disembarkation procedures that apply in the event of an outbreak of COVID-19, included in Exhibit 2. 6.6 Cruise Terminal, Ship, and Transportation Vehicle Cleaning Procedures and Requirements. 6.6.1 Cruise Terminal Routine Cleaning Requirements. Prior to commencement of passenger embark and debark operations, except at otherwise provided in the event of a COVID-19 outbreak or as otherwise provided herein or in the Port COVID-19 Safety Procedures, the Port Authority shall cause each cruise terminal (and any associated bathrooms therein and connected passenger boarding bridges) covered by this MOA, to be cleaned in accordance with the Routine Cleaning Procedures set forth in the Port COVID-19 Safety Procedures, with the costs of such cleaning to be reimbursed by CSL as more fully set forth in the Berthing Agreement(s). 6.6.2 Cruise Terminal Outbreak Cleaning Requirements. Notwithstanding the terms of subsection 6.6.1 above, the CSL shall at its cost cause the terminal (and any associated bathrooms therein and connected passenger boarding bridges) to be cleaned in accordance with the CSL's Outbreak Level Cleaning Plan procedures and requirements, a copy of which is included in Exhibit 2 hereto. 6.6.3 Transportation Vehicle Cleaning Requirements. In connection with all transportation vehicles either owned, hired, or maintained by or on behalf of the CSL, or otherwise within the CSL's control, the CSL shall at its costs cause same to be cleaned in accordance with, as applicable, the CSL transportation vehicle cleaning requirements included in Exhibit 2. (7) Port Owners and DHSS Conditional Authorization of Passenger Voya2es. 7.1 Subject to CSL's compliance with all terms, conditions, and requirements hereof and all exhibits hereto, the Port Authority and the Local Health Authority hereby authorize and approve CSL's utilization of the Ports. 7.2 Notwithstanding and prevailing over the foregoing, the Port Authority and Health Authority reserve their respective rights to rescind, reduce, otherwise modify, and/or further condition any approval conferred herein in light of changing circumstances relating to COVID-19 infection rates, the development or spread of variants, the availability or scarcity of local resources needed for the protection of the local community, or otherwise. However, the Parties acknowledge that in the event that a Party suspends or rescinds this MOA, such suspension or rescission shall not deny a cruise ship's ability to make port as approved by the CDC and in accordance with all requirements hereof, if on a voyage that commenced hereunder prior to such suspension or rescission. (8) Compliance with Laws. The Parties shall comply with all applicable laws, regulations, 168 codes, and ordinances including local municipal health mandates established by any applicable governmental authority having jurisdiction over its services or obligations under the MOA, as may be amended from time to time, and any laws, regulations, codes, ordinances, rules, and public health guidelines pertaining to SARS-CoV- 2/COVID-19 or other communicable disease, and shall ensure that its employees, agents, contractors, subcontractors (of all tiers), affiliates and guests also comply therewith, including, but not limited to, all applicable training requirements. The Parties additionally agree to follow the notification procedures to appropriate parties as outlined in the Alaska Multi Agency Maritime Communicable Disease Emergency Response Plan. (9) Notices. Any and all notices, requests, demands and other communications required or permitted to be given pursuant to this MOA shall be in writing and shall be deemed to have been duly given when: (i) delivered by hand; (ii) deposited in the mail by registered or certified mail, return receipt requested; (iii) sent via electronic mail, with a requested read receipt response; or (iv) sent by recognized international overnight courier. No notice shall be effective unless and until received by the recipient. If to CSL: Royal Caribbean Cruises Ltd. 1050 Caribbean Way Miami, Florida 33132 Attn: VP, Port Operations With a copy to: General Counsel, Fax: (305) 539-0562 If to the Port Owners: Icy Strait Point, LLC, 108 Cannery Rd, Hoonah, AK 99829 Port Director: Tyler Hickman With a copy to: Huna Totem Corporation 9301 Glacier Highway Suite 200 Juneau AK, 99801 City and Borough of Juneau Docks and Harbors 155 S. Seward Street Juneau AK 99801 Port Director: Carl Uchytil. Sitka Dock Company 4531 Halibut Point Road Sitka, AK 99835 Chris McGraw, General Manager. 169 Pacific & Arctic Railway & Navigation Company P.O. Box 435 Skagway, AK 99840 Attention: Bob Berto, President Ward Cove Dock Group 7559 North Tongass Highway Ketchikan, Alaska 99901 Port Director: John Binkley If to Local Municipalities and Boroughs City of Hoonah P.O. Box 360 Hoonah, AK 99829 Attention: Dennis Gray, City Administrator City and Borough of Sitka 100 Lincoln Street Sitka, AK 99835 Attention: John Leach City of Ketchikan 334 Front Street Ketchikan, AK 99901 Attention: Robert Sivertsen, Mayor Ketchikan Gateway Borough 1900 First Avenue Ketchikan, AK 99901 Attention: Ruben Duran, Borough Manager Municipality of Skagway P.O. Box 415 Skagway, 99840 Attention: Andrew Cremata, Mayor City and Borough of Juneau, Attention: If to DHSS: Dept. of Health and Social Services 3601 C Street, Suite 902 Anchorage, AK 99503 Attention: DHSS Commissioner Adam Crum 170 (10) Port Owners' Retained Rights and Authority. Notwithstanding and prevailing over any potentially contrary term or implication in this MOA, in order to protect the public's health, safety and welfare, the Port Owners each retain and reserve its right and authority to, in its sole discretion: (1) modify, reduce, or limit the number of vessels that can berth at its port at one time, the size and/or capacity of cruise vessels that can call at its port, or otherwise limit cruise operations in the Port Owner's discretion; (2) deny berthing or port access to a cruise vessel reporting passengers and/or crew onboard who are infected or potentially infected with COVID-19; and/or (3) require that such vessel or vessels, as the case may be, anchor off -port for purposes of quarantine or to facilitate disembarkations via tenders, as may be so directed by the Port, the U.S. Coast Guard, the Alaska Unified Command, the CDC, or local public health agencies. The Ports shall not be liable for any costs or consequential damages incurred by CSL, or by third parties, that may arise from the Port Owner's or Port's exercise of its discretion hereunder or as a result of any directives or decisions issued by any federal, state, or other governmental agency, department, or subdivision. (11) Governing Law/Jurisdiction/Exclusive Venue. This MOA shall be governed by the laws of the state of Alaska without regard for its conflict of laws provision, and venue for any and all disputes, controversy, actions, suits, or claims arising out of this MOA, or seeking relief under and/or to construe same shall lie exclusively in Alaska. (12) Miscellaneous Terms and Conditions. 12.1 Nothing in this MOA constitutes any Party as the agent, employee, partner or joint venture of the other Party. No Party has the right or authority to bind the other Party, including without limitation the power to incur any liability or expense on behalf of any other Party, without its prior written agreement except as expressly set forth in this MOA. 12.2 If any provision of this MOA, or the application of a provision to any person or circumstance, shall be held invalid, the validity or legality of the remainder of this MOA, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected. 12.3 This MOA sets forth the understanding between the Parties as to the particular subject matter herein. This MOA is intended to be supplemental to the CSL's existing preferential berthing agreement, as amended, with the Port Authority. To the extent this MOA conflicts with the CSL's prior or existing berthing rights agreements with the Port Authority, this MOA shall control, providing nothing contained herein shall be construed as nullifying, reducing, or deferring or delaying compliance with any CSL payment, performance, indemnity, or insurance obligation contained in any prior or existing Port Authority agreement with CSL. 12.4 Except as otherwise provided in this MOA, this MOA can only be changed, modified, or amended by the express written agreement of the Parties. 12.5 Except as otherwise provided in this MOA, none of the Parties may, without the `r` written consent of the other, transfer, assign, create an interest in, or deal in any other way with any of its rights or obligations under this MOA. 12.6 Any unsatisfied payment or indemnity obligation arising hereunder during the Term hereof shall survive the expiration or early termination of said term. 12.7 This MOA may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute one and the same instrument. This MOA may be signed by facsimile signature, and such facsimile shall have the same legal force and effect as if it were an original. 12.8 This MOA has no intended third -party beneficiaries and shall not be construed to create any rights in, or grant any cause of action to, any person or entity not a party hereto. 12.9 Each Party will work cooperatively in good faith to notify the other Parties hereto of any known or observed incidents of such other Parties' respective non- compliance with the terms of this MOA. Notwithstanding the foregoing, a Party's failure to receive a notice of non-compliance from one or both other Parties shall not excuse that Parry's non-compliance with any requirement or term hereof. [Signature page(s) to follow] `rP: DocuSign Envelope ID: 6A04A140-6667-4B71-AC6C-3704B1397151 LOCAL HEALTH AUTHORITY: STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES By: i Name: Adam Crum Title: Commissioner, DHSS Email: adam.crum@alaska.gov Date: 4/12/2022 ROYAL CARIBBEAN CRUISES LTD. D/B/A ROYAL CARIBBEAN GROUP By: Name: Hernan Zini Title: Vice President Port Services Date: 4/14/2022 173 IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date. PORT OWNERS AND LOCAL GOVERNMENTS: CITY OF SEWARD By: Name: Janette Bower Title: City Manager Email: jbowergcityofseward.net Date: 174 IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date. PORT OWNERS AND LOCAL GOVERNMENTS: ALASKA RAILROAD CORPORATION Name: Bill O'Leary Title: President & CEO Email: OLe arvbkakrr.com Date: `ml EXHIBIT 1 Iwil. EXHIBIT 1— PORT PROCEDURES 2022 COVID Port Operation Protocols In response to the resumption of cruise operations in Alaska, Port Operators or their contracted representatives will implement the following protocols to protect its employees, customers, contractors, partners, and the community at large that interact and participate in Port Operations. These protocols have been implemented to ensure best practices and are regularly reviewed to capture the changing guidance concerning mitigation and response. If a local government has mandates or COVID related compliance measures that are more restrictive in nature those policies will be adopted. In reviewing CDC guidance, and each cruise company's individual plan, Port Operators expects strict adherence to all protocols, as we seek to integrate the plan to ensure a safe and seamless experience. The below general property standards for port operations include but are not limited to: • When required by vessel or local guidelines, mask use will be required on dock facilities where social distancing cannot be followed. • Physical distance guidelines (6 feet) will be observed on dock facilities where possible. • Dispensers of anti -bacterial gel based on 70% alcohol (or other CDC approved), placed in strategic points on dock facilities that are accessible to passengers, crew, and personnel. • Scheduled cleaning of contact surfaces and disinfection routines. Signage with • recommendations to maintain social distance and adhere to protocols, at both points of access and strategic locations. • Compliance by all persons, maintained and enforced, with participation of our personnel, contractors, and partners. Prior to operations commencing, all staff, contractors, and partners will receive training in the above protocols. Supporting Sections: I. Abbreviations II. Sanitation III. Vaccination IV. Emergency Response Plan V. Port Staff Protection and Training 177 Supporting Secition-COVID-19 Safety Procedures for Port Operations I. ABBREVIATIONS ALS — Advanced Life Support BLS — Basic Life Support CBP — US Customs and Border Protection CDC — US Center for Disease Control & Prevention CL — Cruise Lines or Cruise Vessel Operators CLAA — Cruise Line Agencies of Alaska CSG — COVID-19 Safety Guidelines DHSS — Alaska Department of Health and Social Services PPE — Personal Protection Equipment UCS — Unified Command System USCG — United States Coast Guard SANITATION A. Routine Dock Sanitation — Except as otherwise provided herein, the initial base - level cleaning and disinfecting of all dock facilities is the responsibility of Port Operator or their contracted representative. i. Before Disembarkation: 1. Hand sanitizer stations placed on dock. 2. Railings on the dock and trestle disinfected and other high touch surfaces. 3. Mask and physical distancing signage in place. 4. One way traffic markers and signage in place on dock and trestle. ii. When required by vessel or community guidelines, masks and physical distancing are required on the dock and trestle where social distancing cannot be achieved, with signageplaced. iii. Adequate staffing will be in place to manage crowd control and cleaning/sanitizing duties. iv. Communication between the Port Excursions staff and the ship will be continuous to ensure staggered disembarkation and tour dispatch. v. Those with mobility issues that require assistance for transport will be directed to a separated waiting area, away from traffic flow, to wait for the next scheduled pick up. vi. Mask policy enforced in waiting area, withsignage. vii. Physical distancing promoted, withsignage. viii. Waiting area cleaned and sanitized throughout day. ix. Hand sanitizing station in place. B. Outbreak -Level Cleaning— In the event of an outbreak -level incident (as defined in CDC guidelines or clarifications), or in the event the threshold of COVID-19 detected cases exceeds 1 % of the crew or 1.5% of passengers, or as may be redefined in future CDC instructions, Port Operators or their contracted representatives will provide outbreak -level cleaning (as defined in the CDC's Detailed Disinfecting Guidance for Facilities) of each affected area. These areas may include docks and related facilities, restrooms, passenger boarding bridges, concourses, and transportation vehicles using port facilities to load passengers, in 178 accordance with established CDC guidelines. III. VACCINATION A. In order to minimize risk of transmission of COVID-19, all port personnel will be highly encouraged to become vaccinated prior to the commencement of cruise operations. Port Operator or contracted representative will assure access to educational materials on vaccination benefits and provide information on local vaccine availability. IV. EMERGENCY RESPONSE A. Non-COVID-19 Medical Emergencies— If non-COVID-19 emergency medical care is required for a patient onboard a vessel, the ship's Captain will utilize the 911 emergency system and local emergency response will respond to assess patients. B. COVID-19 Medical Notification — All medical -related disembarkations in this category will be requested by the CL prior to arrival at either Juneau, Ketchikan, and Whittier only. These requests will be made through CLAA and will be coordinated between vessel, emergency response center and hospital in accordance with local policy. Any such disembarkation must be consistent with the terms of the patient transfer MOU with the local hospital facility where applicable. i. In addition to USCG regulations requiring notification of intention to enter US waters with a potentially ill traveler or crew member and/or any other medical concerns, which trigger the Unified Command System (UCS), all CLs are required to provide similar notification to local health authorities. The notification to local health authority must include: a. Expected Patient Count b. Patient(s) Condition c. General Demographic Information on Patient(s) 2. The UCS will be utilized throughout the emergency response. C. Examination and Entry Screening — CL medical personnel will provide local hospital all appropriate and corresponding patient medical records and information to facilitate the local hospitals' ability to properly evaluate the condition of the patient. Hospital will evaluate and determine the level of medical care required in accordance with their policy. i. Advanced Life Support (ALS) — If determined that ALS is required, hospital will advise emergency response as well as local health authority. ii. Basic Life Support (BLS) — If hospital, in conjunction with ship's Doctor determines that the ill traveler falls under a BLS scenario, the traveler will remain in the CL's care for transport aboard ship to Seattle for any further treatment in accordance with CL's established medical care and transportation agreements, as required by Seattle MOA. D. COVID-19 Outbreak & Worst -Case Scenario `M COVID-19 Outbreaks - For the purposes of this procedure, outbreaks are defined as incidents involving COVID-19 detected cases of at least 1 % of the crew or 1.5% of passengers, or as may be redefined in future CDC instructions. Worst -Case Scenario — For the purposes of this procedure, Worse - Case Scenario is defined as incidents involving simultaneous outbreaks on any two (2) or more distinct ships. iii. In the event of a worst -case scenario, or infectious disease outbreak, the CLs shall comply with any additional requirements that may be imposed by local authorities, CDC, or the UCS. iv. In the event of a worst -case scenario, due to the limited medical and housing capacity of communities in southeast Alaska, CL agrees to conduct any needed disembarkation, with the exception of medically urgent disembarkation (requiring ALS, as per above), in its' home port of Seattle, in compliance with its' port agreement with the City of Seattle. V. PORT STAFF PROTECTION & TRAINING A. Personal Protection Equipment (PPE) — Port Operator or its contracted representative has procured and issued appropriate PPEs to all staff accordingly. B. Initial & Ongoing Training — Port Operator or its contracted representative shall be required to assure complete safety and health training of all personnel in accordance with applicable OSHA, CDC, and CSG requirements has been completed. C. All port staff who are expected to interact with cruise travelers and crew are encouraged to obtain appropriate vaccinations. IEi6 EXHIBIT 3 EXHIBIT 3 — VACCINATION STRATEGY All CSL protocols set forth in this Exhibit 3 may be modified for conformity with prevailing public health guidance, with prior notice to the Port. Notwithstanding the language herein, and prevailing over any contrary term, the procedures herein shall not be construed in contravention with applicable law IBy, Exhibit 3 CRUISE SHIP OPERATOR VACCINATION STRATEGIES I. Plan and Timeline or Vaccination of Cruise Ship Crew Prior to Resuming Passenger Operations. a. Plan and Timeline for Vaccination of Cruise Ship Crew Prior to Resuming Passenger Operations CSL intends to operate simulated voyages, or restricted passenger operations subject to the United States Centers for Disease Controls' ("CDC") Framework for Conditional Sailing Order ("CSO") as well as other cruises homeporting outside the USA with fully vaccinated cruise ship crew members (the "CSO Voyages") b. Use of FDA -authorized vaccines and vaccine products receiving emergency use listing from the World Health Organization (WHO). i. To the extent CSL cruise ship clinicians vaccinate crew members for COVID-19 onboard CSL vessels, they shall do so using only FDA - authorized vaccines, or vaccine products receiving emergency use listing from the WHO. For the avoidance of doubt, CSL may operate CSO Voyages with cruise ship crew members fully vaccinated for COVID-19 with vaccine products authorized by any national health authority. II. Incorporation by Cruise CSL of Vaccination Strategies to Protect Passengers and Crew from COVID-19. a. General Vaccination Strategy. CSL shall require (1) cruise ship crew, (2) embarking passengers 12 years of age or older and (3) embarking contractors to be fully vaccinated prior to participating in CSO Voyages. Cruise ship crew members objecting to receiving COVID-19 vaccinations on medical, religious or disability grounds shall not be scheduled to work on CSO Voyages. All CSL port protocols and mobilization plans shall incorporate CDC's Interim Public Health Recommendations for Fully Vaccinated People. For passengers younger than 12 years of age, CSL will encourage vaccinations and reserves the right to lower the required vaccination age for embarking passengers below the current 12 year old threshold. b. Unvaccinated Emergency Personnel. In the event any of the Parties determines that a vessel(s) operating a CSO Voyage requires emergency maintenance or assistance, and the person(s) qualified to provide such emergency maintenance or assistance have not been vaccinated for COVID-19 (the "Unvaccinated Emergency Personnel"), CSL may embark Unvaccinated Emergency Personnel. When embarking Unvaccinated Emergency Personnel, CSL shall consider the 183 exigent circumstances of the emergency against the ability of Unvaccinated Emergency Personnel to be tested for SARS-CoV-2 in accordance with any CDC technical instructions in effect at the time CSL requires embarkation of such Emergency Personnel. c. Eligibility Criteria, Exemptions, No Conflict with Other Laws. No part of this section shall be construed to: i. require any crew member, guest or contractor currently ineligible for vaccination under local, state or federal guidelines (e.g., recently recovered from COVID-19, vaccine contraindication, etc.) to be vaccinated; ii. conflict with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or other applicable state or local laws that allow for exemptions to vaccination(s); iii. violate, or otherwise conflict with (a) Fla. Exec. Order No. 21-81 (April 2, 2021), titled "Prohibiting COVID-19 Vaccine Passports" or (b) Fla. Stat. §381.00316. III. Processes for Vaccination of Crew Currently Onboard and Newly Embarking Crew. i. Vaccination of Crew Shoreside, In Crew Member's Home Country a. CSL is engaged in reasonable best efforts to explore vaccination opportunities for crew ship crew in the various countries where crew members currently reside. To that end, CSL has entered into at least one agreement for the facilitation of cruise ship crew vaccination outside the United States, thereby ensuring that some crew members will be partially or fully vaccinated in their home country prior to flying to the United States to joining a ship for a CSO Voyage. To the extent CSL's medical team(s) or shoreside contractor(s) vaccinate cruise ship crew outside the United States prior to joining a CSO Voyage, CSL shall require the reporting of any vaccine adverse events to the appropriate national health authority's reporting mechanisms for vaccine adverse events. ii. Vaccination of Crew Shoreside in the United States, Prior to Embarkation a. CSL has entered into at least one agreement with a retail pharmacy provider for the shoreside immunization of cruise ship crew scheduled to join vessels participating in CSO Voyages. However immunizations 184 under this agreement are not slated to begin until the latter part of May 2021. iii. Vaccination of Crew Shipboard a. CSL is creating a vaccination plan and timeline to vaccinate cruise ship crew member. These vaccinations will take place at a port or onboard CSL vessels. To the extent additional vaccinations are administered onboard by CSL's cruise ship clinicians, they shall be required to report any vaccine adverse events to VAERS for FDA - authorized vaccines, or to the appropriate reporting mechanisms for vaccines authorized for use by other countries. b. While CSL intends to operate CSO Voyage with fully vaccinated cruise ship crew members, there will be at any given time onboard the vessel a small percentage of crew that recently joined the ship and are in the process of getting their full vaccination. The initial full complement of crew will be fully vaccinated before resuming operations. All future sign on crew that was not able to obtain vaccinations at their home country prior to travel to the vessel once the ship is in operations will complete their full vaccination within a very short period after their sign on date to their assigned vessel based on the vaccination cycle of the type of approved vaccine in use, IV. Education of Port Personnel and Travelers about the Importance of Getting the COVID-19 Vaccine. CSL's public -facing website(s) relating to CSO Voyages shall (a) include vaccination information (i.e., links to vaccine information published by the relevant health authorities, such as the FDA), and (b) remind all persons of CSL's vaccination policies for crew, guest and contractors embarking CSO Voyages. No part of this section shall be construed to violate, or otherwise conflict with Fla. Exec. Order No. 21-81 (April 2, 2021), titled "Prohibiting COVID-19 Vaccine Passports." CSL shall communicate with all third -party contractors (port agents, suppliers, etc.) engaged in services relating to CSO Voyages, the importance of being vaccinated for COVID-19. Consistent with §II(b), supra, CSL may further communicate the conditions under which it may embark Unvaccinated Emergency Personnel, in the event any of the Parties determines that one or more vessel(s) operating under the CDC CSO requires emergency maintenance or assistance. `[:1.7 Resolution 2022-056 Documents: • Agenda Statement • Resolution 2022-056 • Attachments: o Humane Society of the United States Pets for Life Scholarship Application and Agreement o City of Seward W-9 o Estimated travel cost to attend Pets for Life Animal Care 2022 Expo o Scholarship acceptance letter from Seward Police Chief Nickell IEZ: City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council Through: Janette Bower, City Manager From: Alan Nickell, Chief of Police Agenda Item: Resolution 2022-056: Accepting and Appropriating a Humane Society of the United States Travel Scholarship in the Amount of $1,500 Background and justification: The City of Seward, Alaska has been awarded a Humane Society of the United States reimbursable travel scholarship in the amount of $1,500. The funds will be used to offset the costs for the Animal Control Officer to attend the Humane Society of the United States Pets for Life Animal Care 2022 Expo in Orlando, Florida. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.5 Support the efforts of all educational organizations and government 3.1.1.6 Support existing public institutions in their effort to maintain, expand, and develop. Strategic Plan: Page 19: Provide adequate funding for a financially sound government- The City of Seward is a fiscally responsible entity which utilizes creative and responsible funding alternatives. Other: Certification of Funds Total amount of funds listed in this legislation: $ 1,500 This legislation (✓): x Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable 01000-1212-4253 1,500 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ 187 Finance Director Signature: Attorney Review-' I I Administration Recommendation RYes Not applicable xeAdopt Resolution Other: 188 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-056 A Resolution of The City Council of The City of Seward, Alaska, Accepting and Appropriating a Humane Society of the United States Travel Scholarship in the Amount of $1,500 WHEREAS, the Humane Society of the United States is sponsoring a reimbursable travel scholarship to attend the Pets for Life Animal Care 2022 Expo in Orlando, Florida; and WHEREAS, this Pets for Life Animal Care Expo will take place in Orlando April 18 through April 22, 2022, and will provide an excellent opportunity for staff development; and WHEREAS, the City has been awarded $1,500 travel scholarship from the Humane Society of the United States to have Animal Control Office Shelli McDowell to attend the Pets for Life Animal Care 2022 Expo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager hereby authorized to accept the scholarship fiends from the Humane Society of the United States. Section 2. The funds, in the amount of $1,500, are hereby accepted in the Misc. Grant Revenue General Fund account 01000-1212-4253. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of April, 2022. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 189 For. W-9 Request for Taxpayer Give Form to the (Rev, October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name Is required on this line, do not leave this line blank. CITY OF SEWARD 2 Business namaldisregarded entity name, If different from above � 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Chock only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see Instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate o single -member LLC Exempt payee code Of any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation. P_Partnership) ► `o Note: Check the appropriate box in the line above for the tax class fication of the s ngle-member owner. Do not check Exemption from FATCA reporting re LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (rT any) d u another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax class fication of is owner. Other (see instructions) ► GOVERNMENT MP%210A a tl , W.wcvwwm.u.si 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) PO BOX 167 6 City, state, and ZIP code SEWARD AK 99664 7 Ust account number(s) here (optional) JIM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding, For individuals, this generally your social security number (55NHowever, for a - m resident alienien,, sole proprietor, or disregarded ed entity, see the instructions for Part 1, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see How to get a 71N, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 9 2- s o 0 0 o e s Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part li, later. 01911 Signature of Here U.S. person ► y oat. ► i Zr pZ General Instructions • Form 1099-DIV (dividends, Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted • Form 1099-B (stock or mutual fund sales and certain other after they were published, go to www.irs.gov/F`ormM. transactions by brokers) • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), Information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number (rIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (IT1N), adoption taxpayer identification number (ATIN), or employer identification number •Form 1099 A (acquisition or abandonment of secured property} (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an Information return. Examples of Information alien), to provide your correct TIN. returns Include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 1D-2018) fiRX *xf.�.rT '�-� Pets for Life THE HUMANE SOCIETY Scholarship Application and Agreement OF THE UNITED STATES Thank you for your interest in attending The HSUS Animal Care Expo and in Pets for Life. Expo offers an unparalleled opportunity to recharge, learn new skills and strategies, and network with animal welfare professionals from around the world. To be considered for a Pets for Life Animal Care Expo scholarship, please complete both the application and agreement sections below. 'S %k 6 t.! ,1 W c.-03w EU.. First Name Last Name Job Title/Responsibilities ->EwA(LD ����n��tl, '� -©V A1,lc.� 1�►G��~s� W\c— L F�NL,c.TiE(Z- Organization Street Address C—,E City a 411 ( WV% S ,EGT L State g o l acgq '9�232 qo,7 qgQ -71Sta Work Phone Home or Cell Phone 'GmC'�Dat E-mail address In order to attend this year's conference, I am requesting: Conference Registration Hotel $ 7 So00 Travel expenses (airfare, ground transportation, etc.) $ O00 Per Diem ($30 per day registered) W Zip What is the total scholarship amount you are requesting to enable you to attend? $ 1.1,shLfo Have you ever attended Animal Care Expo in the past? Yes N If yes, what year(s) did you attend? Page 1 of 2 IRS THE HUMANE SOCIETY OF THE UNITED STATES AGREEMENT Pets for Life Scholarship Application and Agreement I am an authorized representative of the organization indicated below. If selected to receive a Pets for Life Animal Care Expo scholarship, I hereby agree to the following terms on behalf of my organization: ❑ The award will be used to offset costs associated with conference registration, travel, and lodging in connection with attending The HSUS Animal Care Expo. I will provide a financial report and copies of all receipts within 30 days of the Animal Care Expo. Any portion of the award not used to offset costs associated with travel and lodging in connection with attending Animal Care Expo shall be returned to The HSUS. 0 The Organization will utilize the Grant Funds only for the purpose of attending the HSUS Animal Care Expo. No part of the Grant Funds will be used for lobbying or political activities. ❑ 1 expressly confirm and certify that (a) my organization does not directly or indirectly engage in, promote, or support any terrorist activity and is not included on any lists of terrorist organizations compiled by the United States government or any other national or international body; and (b) my organization does not knowingly employ people whose names appear on such government watch lists. ❑ 1 agree to attend at least two Pets for Life track workshops. I further agree to provide the following documentation, in addition to this application, on behalf of my organization: ❑ A completed W-9 form ❑ IRS 501 c3 determination letter (private organizations) or statement on county/city letterhead (government agencies) that funds can be accepted for restricted purposes ❑ An HSUS electronic funds transfer form to allow scholarship funds to be transmitted to the organization electronically Signature: Print Name: )H _ ! l Mboyi ICL A-, _ Title: AQQ mrh L C-oIy�L [600- Date:`�- Page 2 of 2 ILYA SEWARD POLICE DEPT. P.O. BOX 167 SEWARD, ALASKA 99664 April 4, 2022 Dear Leigh Schmidt of the Humane Society of the United States, Main Office (907)224-3338 Animal Control (907)224-7495 Community Jail (907)224-3645 Motor Vehicles (907)224-4037 Fax(907)224-8480 I am writing to acknowledge the Alice Pickett Memorial Animal Shelters Animal Control Supervisor Shelli McDowell's receipt of a scholarship from the Humane Society of the United States in the sum of $1,500.00. Our Seward Animal Control Department serves the community of Seward, Alaska not only in the protection of our citizens but also in the very proud service of humane and caring treatment of all animals in our wonderful city, and beyond. On behalf of everyone please accept our sincere gratitude for this funding and guidance your organization has provided. The awarded scholarship funds are restricted to travel expenses for Shelli McDowell's attendance at the Pets for Life Animal Care 2022 Expo in Orlando, Florida. Enclosed with this letter we have added a chart of Shelli McDowell's estimated travel costs to attend the 2022 Pets for Life Animal Care Expo. Any further discussion, questions or concerns please do not hesitate to contact us at 907-224- 3338 or email jsauer@cityofseward.net . We always look forward to hearing from you and your partner organizations. Any checks and correspondence are requested to be addressed to: City of Seward P. 0. Box 167 Seward, AK 99664 The City of Seward is thankful and honored to be receiving this generous scholarship awarded to The Alice Pickett Memorial Animal Shelter and one of the hearts of the community Animal Control Officer Shelli McDowell. This Expo will allow opportunities of growth not just for the Alice Pickett Memorial Shelter and Seward Animal Control Department but for every single animal charity, foster, and rescue partnership in Seward. We look forward to future positive endeavors and reports of the success of Shelli McDowell's expo experience. Humane Society of the United States has the City of Seward's complete gratitude for their consideration in this matter. Sincerely, Chief of Police Alan Nickell `P:x3 0 oa m i 0 m Iti--� Lr) v� 0 m N m O O� tq O m tq n m Lr rq a o v 0 W O m O — c1 W cn O 0 O Ln O Lfl cn 00 N N O O o m rq O O O O N N cn m 0 0 LD r ci O 0 o O of of Ln � m m 0 N m O 0 0 ° 0 tin n c Q o v N O Q � x X w 6 N v N Q U cn bA _0 U N N cn0 E — N U m _ � C E N 6 J 7 L Q H O O E c w bA cn -O -O -0 -O N Q C O C � Q O O N O — cr-I O O d N Q m Y of N of N N N N N of N r-I N r-I N r-I N r-I N r-I N r-I N r-I N \ \ \ \ \ \ \ \ \ \ \ \ \ W F Resolution 2022-057 Documents: • Agenda Statement • Resolution 2022-057 • Attachments: 1Fb: Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-057 A Resolution of the City Council of the City of Seward, Alaska, Accepting and Appropriating Grant Funds from The Girls Steam Ahead with the NASA Implementation Stipend in The Amount Of $400 WHEREAS, the Seward Community Library & Museum applied for a grant for the Girls STEAM Ahead with NASA Implementation Stipend; and WHEREAS, the Girls STEAM Ahead with NASA Implementation Stipend would provide $400 to help implement programming using NASA's Universe of Learning Resources; and WHEREAS, the Seward Community Library & Museum was awarded the grant on March 11, 2022; and WHEREAS, accepting the donations would enable the Library to do a Nasa Stem activity during the summer. 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 and appropriate grant funds from the Girls Steam Ahead with Nasa Implementation Stipend in the amount of $400. The grant is hereby accepted in the General Fund Grant Revenue account 01000-1500-4251. Funds in the amount of $400 hereby appropriated in the Operating Supplies account 01000-1500-7215 and will be used for expenses associated with Nasa Activities in the Library. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of April 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor iNFA City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council Through: Janette Bower, City Manager From: Seward Community Library & Museum Director Bailey Sayler Agenda Item: Resolution 2022-057: Accepting and Appropriating Grant Funds from the Girls Steam Ahead with the NASA Implementation Stipend In The Amount Of $400 Background and justification: The Seward Community Library & Museum applied for a grant for the Girls STEAM Ahead with NASA Implementation Stipend. The Girls STEAM Ahead with NASA Implementation Stipend would provide $400 to help implement programming using NASA's Universe of Learning Resources. The Seward Community Library & Museum was awarded the grant on March 11, 2022. This program will be held in the summer time and will offer crafts and stem -based activities. Funds must be spent by September 2022. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.90 Quality of Life for Seward Residents Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 400 This legislation (✓): x Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted Not applicable 01000-1500-4251 and 01000-1500-7215 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance*: Electric Wastewater Water F1 Healthcare *unaudited numbers Finance Signature: �)I �-u yAD AttorneyReview✓I Administration Recommendation RYes Not applicable eAdopt Resolution Other: ILIR Girls STEAM Ahead with NASA 2022 Request for Proposals Project Description Informal education facilitators are invited to apply for up to $400 to support your own Girls STEAM Ahead with NASA event that showcases exciting astronomy programming, using NASA's Universe of Learner. resources, to inspire girls and families! Girls STEAM Ahead with NASA is a nationwide project hosted by NASA's Universe of Learnin, . We partner with libraries and community -based organizations across the U.S. to engage girls in science, technology, engineering, and math (STEM) and current NASA science. Together, girls and their families explore the wonders of the universe, learn about space science, and celebrate groundbreaking contributions women have made to NASA astronomy. Scope and Core Objectives • To create and disseminate informal learning products, programs, and professional development experiences that use NASA Astrophysics science, technology, and subject matter experts to advance Science Mission Directorate education objectives on a national scale. • To engage girls and young women and empower their success in science. To support informal learning venues, such as community -based organizations, museums, and libraries with resources that contribute to authentic STEM experiences and increased understanding of the process of science. Target Audience Youth and their families, with a particular focus on girls and other underrepresented youth (Latinx, Black, Native American and youth in rural communities) in STEM education. How to Apply Applicants can request up to $400 in funding and must complete an application by Monday, February 22, 2022 at 5:00 PM Pacific 1 8:00 PM Eastern. Join us for an optional Application Webinar on February 14 at 11:30 AM Pacific 1 2:30 PM Eastern to learn more about the opportunity and expectation - register here. Email Kelly Reina, kreina(a)ngcproiect.orq with any questions. Application Guidelines and Requirements • Prior recipients of Girls STEAM Ahead implementation funds, and school -day programs are not eligible to apply. • Applying organizations must be able to plan, schedule, and host an event using Girls STEAM Ahead with NASA resources between May to September 30, 2022. Check out the Girls STEAM Ahead with NASA Free Resources Webinar to learn more about the resources you could use in your event. • All events must be FREE to participants. • All events should reach the target audience described above. NOR • Event types can be small, medium or large in size, and can be hosted in -person, virtually or hybrid. • Events dates must be confirmed to the National Girls Collaborative Project (NGCP) and Space Telescope Science Institute (STScl) by May 27, 2022. • Organizations must update and maintain a site profile spreadsheet with relevant information regarding their organization and event. • Funds can be used to purchase: • Consumables directly related to activities using NASA's Universe of Learning resources. • Funds cannot be used for overhead, capital expenditures, staff time, other general operating costs, food items, or prizes. • Recipients must attend the Awardee Webinar on April 21, 2022 at 12:00 PM Pacific 1 3:00 PM Eastern*. *Date and time are subject to change based on availability. • Recipients are encouraged to present or provide information to support the NGCP Webinar on Exemplary Practices on November 8, 2022 at 11:00 AM Pacific 1 2:00 PM Eastern*. *Date and time are subject to change based on availability. Evaluation Requirements Recipients will supply impact numbers to the Girls STEAM Ahead with NASA and NGCP staff, collect youth participant surveys, complete an event cover sheet, and respond to other survey requests. Click Here to Apply ►N From: Bailey Sayler To: Jodi Kurtz Subject: FW: Congratulations! Your organization was selected to receive a Girls STEAM Ahead with NASA Implementation Stipend! Date: Thursday, April 14, 2022 2:23:53 PM Attachments: imaae001.ona fw9. odf Does this work? From: Becky Roy <broy@cityofseward.net> Sent: Friday, March 11, 2022 9:28 AM To: Bailey Sayler <bsayler@cityofseward.net> Subject: FW: Congratulations! Your organization was selected to receive a Girls STEAM Ahead with NASA Implementation Stipend! From: Kelly Reina [mailto:kreinaPnRcproiect.org] Sent: Friday, March 11, 2022 7:11 AM To: Becky Roy <broyPcityofseward.net> Cc: Tara Cox <tcoxPngcproiect.org> Subject: Congratulations! Your organization was selected to receive a Girls STEAM Ahead with NASA Implementation Stipend! External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Becky, Hello and thank you for submitting an application for the Girls STEAM Ahead with NASA Implementation Stipend. I am pleased to notify you that Seward Community Library & Museum will be receiving $400 to help implement programming using NASA's Universe of Learning Girls STEAM Ahead with NASA resources! You will receive more information about program expectations and activities shortly. Please respond by the end of March 15 to confirm your acceptance. We will also need the following: Name and address (street name, city, state, zip code) of the organization receiving the funds by 3/15 Name and email of the person responsible for signing the contract by 3/15 • Completed and returned W9 form for your organization (attached) by 3/21 • Signed contract, which will be sent via DocuSign to the contact you indicated above, by 3/21 Please ensure that the organization name on the W9 matches the organization name on 041YA DocuSign contract. For example, if you have a fiscal sponsor, they must sign the contract. Once we receive this information, we will begin to process your stipends which should arrive by the end of April. Application Webinar Please have at least one member of your organization, who will help plan and lead your GSAWN event, register and participate in the GSAWN Awardee Webinar on Thursday, April 21 at 12:00 PM Pacific/ 3:00 PM Eastern. You will also receive a calendar hold shortly. Register in advance for this meeting: https://us02web.zoom.us/meeting/register/tZlIfughpz4-mGdaxm-MlKcDVOyxyzl0iy- 1 Please come to the webinar with your proposed program. We will take time to discuss each organization's proposal and offer feedback. Should you have any questions or concerns, please do not hesitate to contact me. Congratulations! Best, Kelly Kelly Reina STEM Program Specialist Pronouns: she/her National Girls Collaborative Proiect I The Connectory I FabFems 0401 Resolution 2022-058 Documents: • Agenda Statement • Resolution 2022-058 • Attachments: o Notice of Intent to Award for Lawing o Notice of Intent to Award for Transformers o Proposal #13220603A o Proposal #13220801A Q111! City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-058: Repealing Resolution 2021-101 and Authorizing the City Manager to Purchase from Virginia Transformer Corporation Three High - Voltage Transformers for the Fort Raymond (2) and Lawing (1) Substations in the Not -to -Exceed Amount of $2,664,716, Including Freight Charges of $298,000, and Appropriating Funds Background and justification: On September 13, 2021, the city council adopted Resolution 2021-101: Authorizing the City Manager to Purchase Seven Electric Transformers in an amount not to exceed $4,800,000, which includes a 15% contingency, to Help Ensure Service Reliability for Seward Residents and Businesses While also Allowing the City to Meet Future Load Growth and Appropriating Funds. On February 14, 2022, the city council adopted Resolution 2022-2023: Providing for the Authorization, Sale, Issuance and Delivery of City of Seward, Alaska, Electric Revenue Bond in the Aggregate Principal amount of not to Exceed Ten Million Dollars ($10,000,000) to Finance Certain Details of Said Bond; and Providing for Related Matters. The initial bond amount was $19,500,000 and was reduced to $10,000,000. This reduction reduced the scope of work and reduced the transformer purchased indicated in Resolution 2021-101. Much of the materials and equipment making up Seward's electric transmission system is old and beyond its service life. Included in this equipment are two transformers in the Fort Raymond Substation and another in the Lawing Substation. The purchase and installation of these transformers are part of a larger infrastructure project to rebuild the "backbone" of Seward's electric transmission system to help ensure service reliability for the next 35 to 40 years. The work is also an opportunity to upgrade the system and associated equipment from 69kV to a more robust 115kV so that the City is prepared to serve future growth in the area. Since the transformers are customer built and may take up to 72 weeks for delivery, the Electric Department is working to get the transformers ordered so they're available for installation in late summer or fall of 2023. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Reduce Energy Costs — Expand customer base within the Seward Electric utility area Other: OR Certification of Funds Total amount of funds listed in this legislation: $ 2,664,716 This legislation (✓): Creates revenue in the amount of: X Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s) X Not budgeted Not applicable $ 2,664,716 15340-0000-8101 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool X Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* Electric Wastewater Water F1 Healthcare Electric Bond *unaudited numbers Finance Signature: _ . ) )tf ";,!, . Attorney Review-' Administration Recommendation RxYes X Adopt Resolution Not applicable Other: OR Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-058 A Resolution of the City Council of the City of Seward, Alaska, Repealing Resolution 2021-101 and Authorizing the City Manager to Purchase from Virginia Transformer Corporation Three High -Voltage Transformers in a Not -To -Exceed Amount of $2,664,716, Including Freight Charges of $298,000 for Installation in the Fort Raymond (2) and Lawing (1) Substations, and Appropriating Funds WHEREAS, On September 13, 2021, the city council adopted Resolution 2021-101: Authorizing the City Manager to Purchase Seven Electric Transformers in an amount not to exceed $4,800,000, which includes a 15% contingency, to Help Ensure Service Reliability for Seward Residents and Businesses While also Allowing the City to Meet Future Load Growth and Appropriating Funds; and WHEREAS, On February 14, 2022, the city council adopted Resolution 2022-2023: Providing for the Authorization, Sale, Issuance and Delivery of City of Seward, Alaska, Electric Revenue Bond in the Aggregate Principal amount of not to Exceed Ten Million Dollars ($10,000,000) to Finance Certain Details of Said Bond; and Providing for Related Matters; and WHEREAS, the initial bond amount was $19,500,000 and was reduced to $10,000,000, this reduction reduced the scope of work and reduced the transformer purchased indicated in Resolution 2021-101; and WHEREAS, the existing transformers in the Fort Raymond (2) and Lawing (1) substations are old and have surpassed their service life; and WHEREAS, the new transformers for the Fort Raymond and Lawing substations will be upgraded to increase system capacity from 69kV to 115kV; and WHEREAS, these new transformers will improve system reliability to electric customers in and around the City of Seward; and WHEREAS, the new transformers are custom built and could take up to 72 weeks for delivery, the Electric Department is working to have them available for installation in late summer or fall of 2023: and WHEREAS, the new transformers are part of a larger infrastructure project to rebuild the "backbone" of Seward's electric transmission system to help ensure service reliability for the next 35 to 40 years. ►01A CITY OF SEWARD, ALASKA RESOLUTION 2022-058 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 purchase three high -voltage substation transformers from Virginia Transformer Corporation in a not -to -exceed amount of $2,664,716, including freight charges of $298,000. Section 2. Funding in the amount of $2,664,716 for the transformers are hereby appropriated in the Electric Critical Infrastructure Project Fund 15340-0000-8101 from the approved Electric Revenue Bond designated for this project. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the 251h day of April 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 208 City of Seward Electric Department PO Box 167 Seward, Alaska 99664 f etephone: 907-224-4073 April 5, 2022 RE: Lawing Substation Transformer TO. David Palmer, Virginia Transformer Corporation NOTICE OF INTENT TO AWARD Dear Mr_ Palmer The City of Seward intends to award the contract for purchasing its Lawing Substation transformer to your firm. Virginia Transformer Corporation. Our decision was based upon your competitive bid of $586,31.2. including $78,000 for freight, as well as your qualifications and experience, business stability, and the clarity of your proposal. Please note that your selection must go before Seward City Council for approval_ It you have questions or need more information, please do not hesitate to contact me via email or at the number shown below, or Chris Davis of Dryden & LaRue at (907) 646-5108. Sincerely, Qj Rob Montgomery General Manager. ward Electric (907) 224-4071 1 1710nt(-I�)lrlr�,i Cit ofSeward.net cc: Brenda Ballou City Clerk PON April 4, 2022 RE: Fort Raymond Substation Transformers TO. David Palmer, Virginia Transformer Corporation NOTICE OF f'ITENT TO .SWARD Dear Mr. Palmer: City of Seward Electric Department PO Box 167 Seward, Alaska 99664 Telephone: 907-224-4073 The City of Seward intends to award the contract for purchasing two transformers for its Fort Raymond Substation to your firm, Virginia Transformer Corporation. Our decision was based upon your competitive bid of $2,078,404, including $220,000 for freight, as we(( as your qualifications and experience, business stability, and the clarity of your proposal. Please note that your selection must go before Seward City Council for approval. If you have questions or need more information, please do not hesitate to contact me via email or at the number shown below, or Chris Davis of Dryden & LaRue at (907) 646-5108, Sincerely, C�� '1V Rob MontgoC) mCery General Manager, eward Electric (907) 224-4071 rmontgomery(a CltyofSeward.net cc: Brenda Ballou City Clerk 04111 Resolution 2022-059 Documents: • Agenda Statement • Resolution 2022-059 • Attachments: o Quote PAN City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-059: Authorizing The City Manager To Purchase a 2022 Chevrolet Silverado, 2500 Crew Cab From Chevrolet of South Anchorage To Replace An Electric Foreman Truck Using The State Of Alaska Procurement Process For Competitive Bidding In The Amount Not To Exceed $65,899 and Appropriating Funds Background and justification: The Electric Department is seeking to replace vehicle #504, a 2011 Chevrolet Silverado 3500. The replacement plan for Electric Department vehicles is based on age and wear. The foreman's current truck is 11 years old and has been in the shop for repairs multiple times in recent years, resulting in increasing repair costs. The engine is also beginning to make a consistent noise that shop personnel have been unable to eliminate. As a replacement for the existing truck, the Electric Department has selected a 2022 Chevrolet Silverado, 2500 Crew Cab from Chevrolet of South Anchorage, using the State procurement process. The estimate provided for the new truck is $65,899. Sole sourcing purchasing of a new vehicle is allowed under Seward City Code section 6.10.120.A. To supplies, materials, equipment, or contractual services which can only be furnished by a single dealer or which have a uniform published price. This vehicle was included in the 2022 budget. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Reduce Energy Costs — Expand customer base within the Seward Electric utility area Other: Certification of Funds The total amount of funds listed in this legislation: $ $65,899.00 This legislation (✓): Creates revenue in the amount of: X Creates expenditure in amount of: Creates savings in the amount of: Has no fiscal impact Funds are (✓): X Budgeted Line item(s): Not budgeted Not applicable Motor Pool Account 03000-3000-8103 01VA Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking x Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* Electric Wastewater Water F1 Healthcare $ $4,456,251.97 *unaudited numbers $ $3,073,859.95 Finance Signature:',.,„►? Attorney Review-' Administration Recommendation RYes X Adopt Resolution X Not applicable Other: Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-059 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manger to Purchase a 2022 Chevrolet Silverado 2500 Crew Cab from Chevrolet of South Anchorage to Replace the Truck of the Electric Line Foreman, Using the State Procurement Process in the Not -to -Exceed Amount of $65,899 and Appropriating Funds WHEREAS, the electric department needs a new truck for the electric line foreman to replace vehicle 9504, a 2011 Chevrolet Silverado that is incurring significant repair costs, making replacement necessary and more cost-efficient; and WHEREAS, this vehicle is essential to the day-to-day operations of the electric department and serves as the primary service vehicle for the line foreman; and WHEREAS, the Electric Department followed the State of Alaska's competitive procurement process in selecting the vendor, Chevrolet of South Anchorage, for the purchase; and WHEREAS, sole -source purchasing of a new vehicle is allowed under Seward City Code section 6.10.120.A, to supplies, materials, equipment, or contractual services which can only be furnished by a single dealer or which have a uniform published price; and WHEREAS, the Electric Department annually contributes funds to the motor pool fund for the eventual replacement of department vehicles. 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 purchase in the not -to -exceed amount of $65,899 a 2022 Chevrolet Silverado 2500 Crew Cab from Chevrolet of South Anchorage, with funding from the Motor Pool Fund reserves. Section 2. Funding is hereby appropriated in the FY 22 budget from the Motor Pool Fund reserves account 03000-0000-3400 to capital equipment account no. 03000-3000-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the 25th day of April 2022. ►AE11 �` .. ..y FIR7CHE'VROLET OF SOUTH 9100 Old Seward Hwy Anchorage, AK 99515 Quote for: James Unreiin. City of Seward PO Box 167 SEWARD, AK 99664 (907) 362-1 142, (907) 224-5051 fax BUSINESS QUOTE ## BKJST3 April 6, 2022 Dan Johnson Fleet Sales Manager 907-365-8638 Phone 907-365-8664 fax danJohnson@lithia.com Quotes are Qood for purchase or delivery by 7/l/2022, and are net after all current rebates. incentives and discounts. Without a confirmed purchase commitment all vehicles offered are Subject to Prior Sale ALL PRICING IS AFTER CURRENT INCENTIVES, UNLESS NOTED OTHER WISE Model: 2022 SILVERADO, 2500 CREW CAB, GAS, 4X4, UP FITTED 98" S-SERIES SERVICE PRO SERVICE BED WITH STEEL TOP -PACKS -FLIP TOP Price: S65,899 Note: THIS QUOTE CONTAINS ITEMS LISTED BELOW: HEAD ACH RACK ON SERVICE BED INVERTER MOUNTED INSIDE OF SERVICE BED 15" LOW PROFILE STROBE MOUNTED ON HEAD ACH RACK REMOTE SPOTLITE MOUNTED ON HEAD ACH RACK EXTRA REAR LEAF SPRING ADDED RUNNING BOARDS WINCH BUMPER, WITH 12,0004 WINCH DIAMOND PLATE TOP OF SERVICE BED SPRAY BED LINER IN BED OF SERVICE BODY THIS VEHICLE IS SCHEDULED TO BUILD THE WEEK OF 4/18/22. IT THEN WILL GO TO MONROE FOR UP FITTING; PAN Order Detail # BKJST3 BAC: 164131 BFC: 1 Name: MONROE TRUCK EQUIPMENT- MI Current as of 02/28i2022 - 10:29 AM EST ---For Dealer Use Only--- BAC Information Charge -to BAC 164131 Charge -to BFC 1 ������ Ship -to BAC 149567 Ship -to BFC 1 Contact Name CATHY Phone # 6083245107 PRICES SUBJECT TOFINAL INVOICE FROM KUNZ MANUFACTURER. DAN 24KGS Stock No. 24KGSN Fleet Information Primary FAN: 858926 End -User FAN: PO #: STOCK Model/Order information ---------------------------------------------------------------------------- Model Year: 2022 Distrib. Entity: SVC Allocation Group: CHDCRW Request ID: BKJSR7 Requested TPW: 03/21/2022 MSRP w/DFC t: $48,588.00 Event Description: 1000 - Order Request Accepted by GM -------------------------------------------------------------------- Vehicle Specifications -------------------------------------------------------------------- PEG: 1 WT - Work Truck Preferred Equipment Group Primary Color: GAZ - Summit White 2008 General Motors, All Rights Reserved. ------------------------------------ Division: CHEVROLET Order Type: TSC - SVC Commercial Model: CK20943 - 250OHD Silverado LWB, 4WD, �) Crew Cab Delivery Date: Trim: H1T - 1WT11FL-Cloth. Jet Black, Interior Trim Engine: 1_8T - Engine 6.6L. V-8 SIDI Emissions: Page 1 of 3 PA[y BKJST3 Ordered Options: OBN: SVM UPFITTER #21 W4: Bumper: Rear Delete AE7: Seats: Front 40/20/40 NOTI C E ! 1 Split -Bench, Uplevel PRICES SUBJECT TO AQQ: Keyless Remote Entry FINAL INVOICE FROM B3P: Special Vehicle Sales MANUFACTURER, C49: Defogger, Rear Window. Electric DWI: Mirrors, OS Pwr Fold -Man. Ext., Heat, Turn Indicator GT4: Rear Axle. 3.73 Ratio JGF: GVW Rating 10,650 Lbs KOS: Engine Block Heater K47: Heavy Duty Air Filter K14: 120 Volt Electrical Receptacle, In Cab KWS: Alternator, 220 AMP NE1: CT/MAIMD/MEINJ/NY/OR/PAlRI/ VTIWA Emissions NZZ: Skid Plate PYW Wheels: 17" Steel, Painted R6J: Ship Thru Code Acknowledgement SFW Back -Up Alarm Calibration (SEO) UE1: OnStar Communication System V76: Recovery Hooks VK3: Front License Plate Mounting Provisions YK6: SEO Processing Option ZW9: Delete: Pick -Up Box C 2008 General Motors. Atl Rights Reserved. Transmission: MYD - 6-Speed Automatic 5N5: Rear Camera Kit for ZW9 Box Delete or Chassis Cab (SEO) 91_7 Upfitter / Accessory Electrical Switches AKO Glass, Deep Tented AU3: Power Door Locks BG9 Floor Covering Rubberized Vinyl, Black DD8 ISRV Mirror. Electro-chromatic G80 Auto Locking Differential, Rear IOR Chevrolet Infotainment. 7" Color Screen JL1 Integrated Trailer Brake Controller K34 Cruise Control KC4: Cooler, Engine Oil KNP Transmission Cooling System NC7: Emissions Override, Federal NQF Transfer Case: wl Rotary Dial Control, Electronic Shift PCV 1 WT Convenience 1 Package QHQ Tires: LT245/75 R17E All Season, Blackwall RFJ: Fleet Customer U2K: SiriusXM Satellite Radio (subscription) V46: Bumper, Front. Chrome VCB. Hdlg Charge: Flint Assm To Monroe Truck, Flint, MI VYU. Snow Plow Prep / Camper Package ZHQ: Tire, Spare: LT245/75 R17 All Season, Blackwall Is this RETAIL or FLEE17 6P ase check Clow: [f RETAIL / FLEET Accepted: CE�YI.',�tifl Page 2 of 3 ►4VA Resolution 2022-060 Documents: • Agenda Statement • Resolution 2022-060 • Attachments: 0 2023 Tahoe Pricing o Tahoe Upfit Quote from Alaska Safety o The Printer quote for vehicle decals PA City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council Through: Janette Bower, City Manager From: Chief Nickell Agenda Item: Resolution 2022-060: Repealing Resolution 2021-135 And Authorizing The City Manager To Purchase To Purchase Three (3) 2023 Chevrolet Tahoe Police Package Vehicles From Swickard Auto Group Under The State Of Alaska Fleet Vehicle Contract, With Associated Upfitting And Police Specific Equipment From Alaska Safety And The Printer, In An Amount Not To Exceed $59,030 Per Vehicle For A Total Cost Of $177,100, and Appropriating Funds Background and justification: Resolution 2021-135 was approved by council on November 22, 2021. The order with Ford Fleet Sales was delivered, but did not get processed due to an error on the part of Ford. Therefore, the resolution needs to be repealed. The aging 2009 and 2010 Chevrolet Impala's of the Police Department fleet have reached a point where they are too unsafe to be operated in a patrol setting. Many have severe mechanical issues and the costs of repairing the vehicles is far more than the vehicles are worth. Out of the four Impala's, one is mechanically sound enough to be in operation. Also, the equipment inside the vehicles has grown obsolete for today's uses. The vehicles will be purchased under the State of Alaska contract through Swickard Auto Group (Formerly Alaska Sales and Service) in Anchorage, Alaska. The cost of the 3 vehicles under the contract will be $41,655 ea. for a total cost of $124,965. Alaska Safety is the only service within hundreds of miles who outfits police vehicles. They will be utilized for the vast majority of the equipment and upfit of the vehicles. This will include items like, prisoner cages, gun locks, radar installation, video installation, console reconfiguration, all emergency lighting, and labor. This purchase for all three vehicles will cost $16,725 ea. for a total of $50,175. One last expense will be the graphic detailing of the vehicles to identify them as Seward Police Department vehicles. The purchase of the decals will be through "The Printer" in Anchorage, Alaska for $650.00 ea. for a total of $1,960. They have provided the police department decals for decades. The installation of the decals will be done by Alaska Safety and the labor cost is included in the previously listed price. Funding for this purchase is available in the Motor Pool Fund. The total amount of this purchase is $177,100.00. 09K Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: (Page 14) Section: Public Safety Strategic Plan: (Page 18) Section: Promote a Safe Commun Other: Certification of Funds Total amount of funds listed in this legislation: $ 177,100 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable 177,100 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking x Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Bal* Electric Wastewater Water F1 Healthcare $ $4,456,251.97 *unaudited numbers $ $3,073,859.95 Finance Signature: Attorney Review,/ I I Administration Recommendation RYes Not applicable eAdopt Resolution Other: 04►�i; Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-060 A Resolution Of The City Council Of The City Of Seward, Alaska, Repealing Resolution 2021-135 And Authorizing The City Manager To Purchase To Purchase Three (3) 2023 Chevrolet Tahoe Police Package Vehicles From Swickard Auto Group Under The State Of Alaska Fleet Vehicle Contract, With Associated Upfitting And Police Specific Equipment From Alaska Safety And The Printer, In An Amount Not To Exceed $59,033.34 Per Vehicle For A Total Cost Of $177,100, and Appropriating Funds WHEREAS, the Police Department placed an order with Kendall Ford for three Police Explorers but the order wasn't processed; and WHEREAS, the vehicles being replaced are two (1) 2009 Chevrolet Impala's and two (2) 2010 Chevrolet Impala's which are high mile vehicles which have become too unsafe for police operations, they have outlived their life expectancy and all of which are currently out of use due to safety and cost of repair concerns; and WHEREAS, each police vehicle must be professionally equipped with police equipment including prisoner cages, radars, gun racks, extra emergency lighting, and graphics to identify the vehicles as a police vehicle, etc.; and WHEREAS, Alaska Safety is the only company who performs upfitting of police and emergency vehicles anywhere in a radius of Seward extending hundreds of miles; and WHEREAS, Alaska Safety will provide upfitting of police equipment for each vehicle for a total of $50,175; and WHEREAS, the graphic detailing of the vehicles to identify them as Seward Police Department vehicles will be completed by The Printer in Anchorage, Alaska for $1,960. The installation of the decals will be done by Alaska Safety and the labor cost is included in the price previously listed. WHEREAS, the City Council has determined that the public interest would be best served by not requiring competitive bids and makes the following findings: 1. Seward City Code Section 6.10.120 (b) provides the city may utilize competitive bids obtained by other governmental units; and 2. Swickard Auto Group (Formerly Alaska Sales and Service) in Anchorage, Alaska has been awarded the contract to provide patrol vehicles to the State of Alaska, and the City of Seward has the opportunity to purchase patrol vehicles at an amount not to exceed 41,655 each. ON NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Authorize the City Manager to enter into a purchase with Swickard Auto Group to purchase four (3) 2023 Chevrolet Tahoe Police Package Vehicles, Alaska Safety to purchase vehicle upfitting and installation of police equipment, and The Printer for police department decals. Section 2. Funding in the amount of for this purchase will be appropriated from Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day April, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor owl Alaska Safety, Inc. Quotation# 047118 Alaska Safety, inc. 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: Bill To City of Seward" Accounts Payable PO Box 1537 Seward, AK 99664 (907) 561-8484 Account ID Contact 00001144 Tammy Nickell Customer PO Telephone Facsinulie None (907) 224-4062 {907} 224-4038 Ship To: City of Seward" PO Box 167 410 Adams Street Seward, AK 99664 Special Order ❑ Drop Ship ❑ Quote Data Comments Special Instructions Terris 0312812022 2023 Tahoe Patrol Vehicle, 1 of 3 1 NET 30 Ship via Date Requored FpB Prepared fay Order# Salesperson UPS GROUND 03/2812022 1 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 PEC390OU 'Siren Speaker, 100watt compact,wlmount $250.00 $250.00 EACH 4 ECED5051RB 'LED Directional, Multi Mt. Red/Blue $135.00 $540.00 EACH 12-24V 3 Year Warranty..6" High x 5.4" Wide. Installed in grill and facing forward on winch bumper. 5 SOEMPS2STS5RBW "MPower 4" LED Light Tri Color STUD S135.00 $810.00 EACH mpower 4" Fascia Light wl Stud Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13. 9-32 Vdc, Black Housing, 18 LED, Tri Color- RedlBlue/White Two Installed an rear bumper, and 4 for rear window. 1 R122000 "Radiance PLUS Lightbar 20" WhitelClear $395.00 $395.00 EACH Includes Wire Harness White Backlight 1 STGK10301S1 USSCAXL "Dual T-Rail Mount w/Locks, 1small,1 XL $450.00 $450.00 EACH Dual T-Rail Mount 1 Small, 1 Universal XL with locks 2 SOPMP2WSDDB "Dual Adj. Windshield Shroud,Mpower $20.00 $40.00 EACH Dual Window Shroud for use with Mpower 4nch stud mount lights. Angle Adjustment allows for variety if placement options, does not include the light heads. For use with stud mount mPovver Iighthead Used for M-Powers listed above for rear window, prevents light from backflashing into driver. 1 INPOWER Power Distribution System $325.00 $325.00 EACH Consists of the following: Cole Hersee 24117 Solenoid, Blue Seas Fuse Box 5029, BLAssman Cirquit Breaker # Cb185-50 1 LABOR Install Shop Labor $2,875.00 S2,875.00 HOUR Install customer supplied radio and AXON Video Equipment as well installation of upfitting the PIU for patrol duties. Date Printed 03/2.8/2022 If Total Price is not shov3E3see next page. Page #1 Alaska Safety, Inc. Quotation# 1 047118 Alaska Safety, Inc. 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: Bill To City of Seward* Accounts Payable PO Box 167 Seward, AK 99664 (907) 561-8484 Account lD Contact 00001144 Tammy Nickell Customer PO Telephone Facsimihe None (907) 224-4062 (907) 224-4038 Ship To: City of Seward* PO Box 167 410 Adams Street Seward, AK 99664 Special Order ❑ Drop Ship ❑ Quote Date Comments Special Instructions Terms 03/2812022 2023 Tahoe Patrol Vehicle, 1 of 3 NET 30 Ship via Date Required FOt3 Prepared By Order# Salesperson UPS GROUND 03/2812022 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 PE3492L6S "Siren Light Contoller, Programmable. $450,00 $450.00 EACH The XCEL Siren has a 3-level slide switch that can be programmed as independent, semi -progressive, or progressive. The unique programming features auxiliary buttons to level outputs and allow the officer to keep their eyes on the road. Features include adjustable backlighting buttons, visual notification of switching and programming functions, 11 built-in automotive style fuses. 1 SOENT2B3D "Intersector Under Mirror LED,RedlWhite $200.00 $200.00 EACH Intersector LED Light has 9 Generation3 LED light heads per unit. 180 Degree. Dual Color, Red and White 1 SOENT2B3E "Intersector Under Mirror LED,BluelWhite $200.00 $200-00 EACH Intersector LED Light has 9 Generation3 LED light heads per unit 180 Degree. Dual Color, Blue and White 1 J0425-3704 ABS Dual drop in cup holder $45.00 S45.00 EACH 1 INMMSU-1 "Magnetic Mic Clip Kit, S35.00 S35.00 EACH 1 SOENT3B3D "Intersector Surface Mount, Red/White $200.00 S200.00 EACH Intersector LED Light has 9 Generation3 LED light heads per unit. 180 Degree Dual Color, Red and White Mounted on sides of push bumper 1 SOENT3B3E "Intersector Surface Mount, Blue/White $200.00 S200.00 EACH Intersector LED Light has 9 Generation3 LED light heads per unit. 180 Degree. Dual Color, Blue and White 1 GJ7170-0512 Tablet Display Mount Kit, wlkeyboard mnt S775.00 $775.00 EACH Tablet Display Mount Kit: Mongoose and Quick Release Keyboard Tray. Display kit includes: 7160-0494 - Tablet display mount 7160-0220 - Mongoose motion attachment 7160-0857 - Low profile quick release keyboard tray Date Printed 03128f2022 If Total Price is not sho2N see next page Page #2 Alaska Safety, Inc. Alaska Safety, Inc. 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: (907) 561-8484 Bill To: City of Seward' Accounts Payable r =: PO Box 167 (> Seward, AK 99664 ...... m............ Quotation# 1 04711 8_.___ Account ID Cprta(A 00001144 Tammy Nickell Cll Stonier PC) Te.'ephone f acs.rarlie None (907) 224-4062 1 (907) 224-4038 Ship To: City of Seward' PO Box 167 410 Adams Street Seward, AK 99664 i Special Order ❑ Drop Ship I Quote Date Comments Special Instructions Terms 03128/2022 2023 Tahoe Patrol Vehicle, 1 of 3 NET 30 Ship Via Date Required FOES Piep.'ir(A By Order+l 5alespsrrsnn UPS GROUND 03/28/2022 Anchorage 1 CV Clint VanNoy Quantity Item# Description Price Total 1 GJ7170-0552-00 Dell Latitude 12 Docking Station,WIPWR $900.00 S900.00 EACH Dell Latitude 12 bugged Tablet Docking Station, No RF with LIND 12.16V Auto Power Supply 1 SOETISSO-07+ "Ignition Security System 07 Anti Theft S95.00 $95.00 EACH Replaces ETISSO-P (1 Year Warranty) 1 INMZL-10 Ignition Sensing Delay Timer,30 amp $95.00 $95,00 EACH BLittery guard system Emergency override switch provides a convenient way to restore power to your equipment by holding the button in for 5-8 seconds. Protects comnumication equipment Low voltage detector (10.5 v) Over voltage protection (17 v) Automatic On/Off. Very reliable & accurate Programmable v;ith external DIP switch for selecting and adjusting time delay 1 INDECALS Decal Set for Emergency Vehicles. $750,00 $750.00 EACH Install customer supplied Graphics Package 1 INPJ722 'Brother Packet Jet 722 printer $450.00 $450.00 EACH Printer_rnonochrome, .thermal paper..A4/Legal, .203 x 200 dpi,.up to 8 ppm..USB 2.0. THIS PRICE INCLUDES LB3602(USB CABLE) & LB3692 (14FT ADAPTER). 1 MXM84434RW "6" Interior LED Dome DUAL Color $75.00 $75.00 EACH 1 JD425-6678 Tahoe Contour Console w/Printer Storage $825.00 $825.00 EACH Chevy Tahoe Integrated Pentax/Brother Contour Console with Locking Lid Storage - (2021+).14" of Equipment Mounting Space Mounting Location for PentaxlBrother PocketJet 617 Printer and Paper Rall.Lockable Storage- Driver's Side Knockout for Mounting Speaker 1 STWK0514TAH21 Steel Window Barrier, 21+ Tahoe, $310,00 $310.00 EACH For use with stock door panels or Setina TPO Door Panels only 1 STBKO534TAH21 PB400 Pushbumper, Chevrolet Tahoe 2021+ $550.00 $550.00 EACH Date Printed 03/28/2022 If Total Price is not 0005see next page. Page #3 Alaska Safety, Inc. Alaska Safety, Inc.. 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax Bill TO Quotation# 047118 --- Acccur-! 1, `Y 00001144 Tammy Nickell (9(] ) 561-84$4 Cus,om.:r PO Telephone Facsimilae None (907) 224-4062 (907) 224-4038 Ship To: City of Seward" Accounts Payable PO Box 167 Seward, AK 99664 . _.. _.. .... M.N. . L41 of Seward' ox 167 Adams Street ard, AK 99664 Special Order ❑ Drop Ship ❑ Quote Date Comments Special Instructions Terms 03/28/2022 2023 Tahoe Patrol Vehicle, 1 of 3 NET 30 Sh,p VIa 10.i!, Roquired FOB Prepared By Order# salesperson UPS GROUND 03/28/2022 Anchorage CV Clint Van Noy Quantity-L. Item# Description Price Total 1 STPK1155TAH21 10XL RP Partition, 2021+ Tahoe, Uncoated --- 5850.00 S880 00 EACH 10XL Horizontckl Slidinq �.Nindow Unco?ted Polycarhontato XL Panel Partition for 2021+ Chevy Tahoe. 1 AD5UT2111 Seat & Rear Partition 21 Tahoe, Center $1 „650,00 $1,650.00 EACH Center Pull Seat belts 1 WHIX54UFZ Inner Edge,2021 Tahoe,Ten 3-LED modules $1,400.00 $1,400.00 EACH Chevy Tahoe, 2021, Ten 3 l FD I aiaips, SOLOT or DUOT, Upper Front Two Piece Unit, Individual Driver and Passenger Sidra Units. with Two LED Flashing/Take-Down Red/White on Drivers Silo„ 131ijwVJhite on Passenger Side -White can be, triggtt ieci for t,aka? dnwn or scene lighting.(Does not neccessanly I IAVF to flash) 1 GJ7170-0865-01 Tahoe Pedestal Kit, WIMongoose Slide Arm $955.00 $955.00 EACH Securely mount your tablet or computer with the 2021+ Chevrolet Tahoe Pedestal Kit featuring the Mor7ooser 9" Locking Slide Arm, Locking Slide Arm can I(" r around 360` with locking points tiv(,rry 15' Slidil, Arm can extend out from 9" to 13" from center pole :a:)d locks automatically in the retracted 9'' l ositron. Comments This quotation is good for 30 days from the date listed above. Thank you for the opportunity, Sub Total $16.725.00 Approved By: Date EXMT 0% Tax IS0 00 Freight $0.00 Grand Total $16,725.00 Deposit $0.00 Balance $16,725.00 Date Printed 03128/2022 If Total Price is not shOM15see next page. Page #4 The Printer 2415 Spenard Rd Anchorage, AK 99503 I Name 1 Address I Seward Police Department 410 Adams Street PO Box 167 Seward AK 99664 QUOTE Date Quote # 3/31/2022 322-0090 Project Description Qty Rate Total Printed Decal Package 3 650.00 1,950.00 Chevy Tahoe Shipping To: 1 10.00 10.00 Seward Police Department 410 Adams Street PO Box 167 Seward AK 99664 Total $1,960.00 227 Alaska Sales & Service ah Daniel Bacon j 907 265 7535 1 danielb@aksales.com F, Vehicle: [Fleet] 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial City of Seward 2023 Tahoe PPV--------- Pricing to amend 2022 SOA contract $41,655 With PQA Safety Package (As Shown) $41,308 Without PQA Safety Package Available colors at no extra cost: White, Black, Steel Grey, Blue 228 Alaska Sales & Service Daniel Bacon 1 907 265 7535 1 danielb@aksales.com Vehicle: [Fleet] 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial (<�" Complete ) Window Sticker 'SUMMARY [Fleet) 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial MSRP:$51,900.00 Interior:Jet Black, Cloth seat trim Exterior 1:Satin Steel Metallic Exterior 2:No color has been selected. Engine, 5.3L EcoTec3 V8 Transmission, 10-speed automatic OPTIONS CODE MODEL MSRP CK10706 [Fleet! 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial $51,900.00 OPTIONS ** "* REQUIRES A FLEET OR GOVERNMENT ORDER TYPE. "" $0.00 00Z Not Equipped with Front and Rear Park Assist, see dealer for details ($50.00) 1FL Commercial Preferred Equipment Group $0.00 5J1 Calibration, keyless remote panic button and exterior lights/horn $0.00 disable 5J3 Calibration, Surveillance Mode interior lighting Inc. 5J9 Calibration, taillamp flasher, Red/White Inc. 5LO Calibration, taillamp flasher, Red/Red Inc. 5Y1 Front center seat (20% seat) delete $0.00 6C7 Lighting, red and white front auxiliary dome $170.00 6E8 Fleet Calibration $25.00 6J7 Flasher system, headlamp and taillamp, DRL compatible with control Inc, wire 6N5 Switches, rear window inoperative $57.00 6N6 Door locks and handles, inside rear doors inoperative $62.00 7X3 Spotlamp, left-hand $800.00 9C1 Identifier for Police Package Vehicle ($4,150.00) 9G8 Headlamps, Daytime Running Lamps and automatic headlamp $50.00 control delete AMF Remote Keyless Entry Package $75.00 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region Performance figures are guidelines only, and actual performance may vary- Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided j Data Version: 16134. Data Updated: Mar 31. 2022 1:53:00 AM PDT. lar 31. 2022 229 Page 15 Alaska Sales & Service Daniel Bacon 1 907 265 7535 J danielb@aksales.com Vehicle. [Fleet] 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial (<,% Complete) ATD Seat delete, third row passenger Inc. ATZ Seat delete, second row ($520.00) AU7 Key common, fleet $0.00 AZ3 Seats, front 40/20/40 split -bench $0.00 BCV Lock control, driver side auto door lock disable Inc. BTV Remote start $300.00 C6C GVWR, 7400 lbs. (3357 kg) Inc. FE9 Emissions, Federal requirements $0.00 G9K Satin Steel Metallic $0.00 GU5 Rear axle, 3.23 ratio $0.00 H1T Jet Black, Cloth seat trim $0.00 IOR Audio system, Chevrolet Infotainment 3 system, 8" diagonal color $0.00 touchscreen J55 Brake system, heavy duty Inc. li Battery, 850 cold -cranking amps with 95 amp hour rating Inc. K6K Battery, auxiliary, 760 cold -cranking amps with 70 amp hour rating Inc. KX4 Alternator, 250 amps Inc. L84 Engine, 5.3L EcoTec3 V8 $0.00 MHS Transmission, 10-speed automatic $0.00 PQA 1 FL Safety Package $395 00 PXT Wheels, 20" x 9" (50.8 cm x 22.9 cm) steel Inc. R7N Not Equipped with Steering Column Lock ($50.00) R9Y Fleet Free Maintenance Credit. ($34.00) RAV Tire, spare 275/55R20 all -season, blackwall, Firestone Firehawk Inc. Pursuit RC1 Skid plate, front Inc, RNQ Wheel, full-size spare, matching 20" (50.8 cm) steel wheel without Inc.. center cap T66 Wiring provision, for outside mirrors and cargo side mirrors Inc. UE4 Following Distance Indicator Inc. UEU Forward Collision Alert Inc. UHX Lane Keep Assist Inc. UHY Automatic Emergency Braking Inc. This d0mrnent contains information considered Confidential between GM and its Clients uniquely_ The information provided is not intended for pubic disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufactures or region. Performance figures are guidelines only, and actual performance may vary Photos may not represent actuak vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 16134. Data Updated: Mar 31. 2022 1 53 00 AM PDT. Mar 31, 2022 230 Page 16 'r Alaska Sales & Service Daniel Bacon 1 907 255 7535 1 danielb@aksales.com Vehicle: [Fleet] 2022 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial (<<`Complete ) UKJ Front Pedestrian Braking Inc. UN9 Radio Suppression Package, with ground straps UT7 Ground wires, blunt cut cargo area and blunt cut console area Inc. UTQ Theft -deterrent system V03 Cooling system, extra capacity Inc. V53 Luggage rack side rails, delete Inc. V76 Recovery hooks, 2 front, frame -mounted, Black VK3 License plate front mounting package VPV Ship Thru, Produced in Arlington Assembly and shipped to Kerr Industries and onto Arlington Assembly VQ2 Fleet processing option VXT Incomplete vehicle Inc. VZ2 Speedometer calibration Inc. WUA Fascia, front high -approach angle Inc. XCS Tires, 275/55R20SL all -season, blackwall, Firestone Firehawk Inc. Pursuit Z56 Suspension Package, heavy-duty, police -rated. Inc. Capless Fuel Fill Inc. Exterior ornamentation delete Inc. Instrumentation, analog Inc. Theft -deterrent system, vehicle, PASS -Key III Inc. Power supply, 50-amp, power supply, auxiliary battery Inc. Power supply, 100-amp, auxiliary battery, rear electrical center Inc. Power supply, 120-amp, (4) 30-amp circuit, Primary battery Inc. Seat belts, 3-point, all seating positions Inc. Protected idle Inc. FUEL ECONOMY Est City:14 MPG $ 95.00 $50,00 $50.00 $0.00 $0,00 $0.00 SUBTOTAL $49,225.00 Adjustments Total $0,00 Destination Charge $1,695.00 TOTAL PRICE $50,920.00 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure- Prices, specifications, and avaitabdity are subject to change without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary_ Photos may not represent actual vehicles or exact confguralions. Content based on report preparer's input is subject to the accuracy of the input provided - Data Version; 16134. Data Updated, Mar 31, 2022 1,53 00 AM PDT. 231 Page 17 Aar 31, 2022 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page CALL TO ORDER The March 29, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz Dee ss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused — DeMoss Absent — None John Osenga Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Greg Haas, outside the city, appreciated the progress being made towards having a community center. Brandii Holmdahl, inside the city, highly supported Resolution 2022-041 and 2022-047 tonight; both resolutions addressed making an exception to city code to accommodate seasonal employee housing. These two resolutions, added to a previous resolution for Bornstein Seafoods, now equaled three large employers in Seward that were impacted by city code in its current state; they all had to request exceptions. Holmdahl suggested perhaps adjustments could be made to city code to make it more accommodating to seasonal employee housing, rather than continuing to require each employer to go to council for an exception. Bruce Jaffa, outside the city, supported forming a committee for the heat loop project. He did not want to cast doubt on administration, but wanted to solicit engagement from the community to find sources of funding for the heat loop project. Tim McDonald, inside the city, was born and raised in Seward. He thought there was a people problem; 60% of property owners didn't live here, but owned second homes here. Opening up ►9y, City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page the SMIC bench for housing may result in more absentee home owners. Perhaps Seward would be better served by annexing to Mile 8 to increase the voter rolls. Nate Smith, outside the city, was the head coach for Marathon Wrestling, the head coach for the Seward Middle School wrestling team, and the assistant coach for Seward High School wrestling. He thought many things in town were done for adults, and thought the community center should be created for the children. He had the opportunity to travel and see what other communities had to offer their communities. There were so many iterations of things the community center could offer, but it should be focused on providing activities for the kids. Cindy Ecklund, inside the city, supported Resolution 2022-040 to re -appropriate funds for Japanese Creek. She also supported Resolution 2022-043 requesting more funding for the schools. She was excited about the prospect of a community recreation center and agreed that sports were very important to the growth of children. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Wells) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2022-007, Amending Seward City Code Chapter 8.15.145 Allowing More Flexible Use Within the Construction Site Camping Provision. This ordinance was introduced tonight and will come for Public Hearing and enactment on April 11, 2022. Resolution 2022-040, Approving The Re -Appropriation Of $75,576.87 In Funding By The Kenai Peninsula Borough Towards The Japanese Creek Flood Mitigation Project. Resolution 2022-041, Allowing OBI Seafoods To Occupy Their Employee Campground Beginning March 29, 2022. Resolution 2022-042, Authorizing The City Manager To Enter Into A Contract With Resurrection Rental To Provide Portable Toilet Services In The Amount Of $57,900. Resolution 2022-043, Requesting Funding Changes To The Seward Schools To Ensure Equitable Education Opportunities For The Youth Of Seward. Resolution 2022-044, Authorizing The City Manager To Enter Into Two Purchase Agreements: One With Potelcom Supply For Electrical Wire Products, And The Second With WESCO Distribution For A Quantity Of 10 New 25-Kva Transformers In A Not -To -Exceed Amount Of $115,991.50 To Be Used For New Service Installations And System Repairs. Approval of the March 14, 2022 City Council Special Meeting Minutes. 233 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page Approval of the March 14, 2022 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Seward's Day Proclamation Remembering US Congressman Don Young City Manager Report. City Manager Janette Bower said she wanted to provide an update on some of the electronic implementations in the Parks & Recreation Department that had been going on behind the scenes. Parks & Recreation Director Tyler Florence said he had made about five offers for the campground coordinator position; two declined due to housing concerns, two declined because they took other seasonal jobs, and one offer was made today and was pending. Florence was trying to be flexible with existing staff and was trying to find alternate hiring methods; he was considering labor- saving initiatives, including outsourcing gardening services, self-service camping reservations and cancellations, reducing maintenance by making restroom improvements and shower house upgrades, automatic toilets, doubling trash receptacle capacity, solar powered compacting trash bins, doubling the number of pet waste receptacles, and by introducing autonomous mowers at the ballfields. Terry asked about the utilization of the gym at AVTEC. Florence said there had been great participation; he continued to work on reviving the schedules for all activities. Terry asked if campground bookings for this year were on par, year to date. Florence said the campground reservation system opened April l" Wells asked when the pet dispenser would be filled with bags. Florence said they should be filled and were checked regularly. Other Reports and Announcements Chamber of Commerce Report by Executive Director Kat Sorenson. Sorenson said things were ramping up at the chamber. The chamber had hired a new membership director. The chamber held their annual awards recognition ceremony. The Hometown Guide would be published in April. She announced that most local businesses would be open by Memorial Day. There were enough volunteers signed up for the Seward Silver Salmon Derby. There would be an ice cream social at the Alaska SeaLife Center this year, and would be expanded to include a light job fair for seasonal workers to find extra work. This weekend would be the great Alaskan Sportsman Show. Presentations 234 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page Happy Youth Programs & Educational Resources (HYPER) presentation by Casie Warner. Small Business Development Center (SBDC) presentation by Kelly Ann Cavaretta. Alaska Railroad Corporation update on the Passenger Dock Project by Elizabeth Greer, PE Program Manager Marine Facilities. PUBLIC HEARINGS Resolutions for Public Hearing and Enactment Resolution 2022-031, Authorizing The Sale Of Parcel #14502419 Containing 25.395 Acres To The State Of Alaska Department Of Transportation And Public Facilities For The Improvement Project NO. Z548570000 In Improving The Seward Airport For The Fair Market Value (FMV) That Has Been Determined To Be $2,000.00. This resolution was postponed on March 14, 2022 and is coming back tonight for a second public hearing and approval. Bower said there had been questions from the last meeting, and those questions were sent to the state; there had not been a response as of yet. Bower recommended postponing this resolution. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Bruce Jaffa, outside the city, had previously been involved in an airport committee through PACAB; the committee had determined that the alternative offered by the state was not the best for the city. The city had two runways, a long and a short; the state planned to eliminate the long runway, and extend the short runway from 2,300 feet to 3,300 feet. A 3,300 foot runway would accommodate most small aircraft. The city and its citizens had strongly requested that the state provide a 4,000 foot runway to allow for larger aircraft. Jaffa said the state's response had been to suggest extending the runway in the future, if they obtained ownership of the tidelands property. He said the state did not need this property in order to accomplish the proposed airport project of providing a 3,300 foot runway. He feared that the wetlands area that was part of this property would be forever lost, or at least made inaccessible to the residents to enjoy. Many people used that area to exercise; once the state fenced it in, the citizens would be cut off from accessing it. He cautioned that once this property was given to the state, it would be gone forever. Tim McDonald, inside the city, thought even tidelands should be valued at $1,000 an acre, and not $77 an acre as proposed in this resolution. He concurred that once this property was given to the state, citizens would never be able to access it again. He was concerned with preserving the estuary that was adjacent to this property. Lynda Paquette, outside the city, had also been a member of the airport committee and she thought that the city would be paving paradise to turn it into a parking lot. She understood that the ►4911 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page airport project would move forward regardless of the city's wishes, but did not believe the state needed this property in order to complete their runway project. No one else appeared and the public hearing was closed. Terry stated the state had not yet responded to the questions the city had asked following the last council meeting. McClure wondered if the state could enact eminent domain, in the event that this resolution failed. Bower said she believed the state could do that. In response to Osenga, Bower said the state paid for the appraisal on this property. Terry wished to know if the state was purchasing this parcel in order to set up for the runway extension in the future, or if they needed it to accomplish the current project. Terry said perhaps this property sale was not necessary until or unless the runway extension, beyond 3,300 feet, came forward. Motion to Postpone (Casagranda/McClure) Postpone Resolution 2022-031 to April 25, 2022. Terry wished to have a third public hearing on this resolution when it came back to council on April 25, 2022. Motion to Postpone Passed Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 2022-038, Directing PACAB To Create And Lead An Ad Hoc Committee Of Interested Community Members To Identify Available Funding Sources To Continue The Ground Source/Seward District Heat System Project To Completion. This resolution was postponed on March 14, 2022. Motion to Amend (Terry/McClure) Amend Resolution 2022-038 in Section 1 by striking the words, "and lead an" and replacing with, "a seven member" so that it reads, "The City Council herby directs the Port & Commerce Advisory Board (PACAB) to create a seven member ad hoc committee of knowledgeable interested citizens to identify and recommend available sources of funds to complete the 0911.1 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page Ground Source/District Heat System Project." Terry wanted to specify a number of members for the ad hoc committee. Motion to Amend Passed Motion to Amend (Terry/McClure) Unanimous Amend Resolution 2022-038 by adding a new Section 2, renumbering the subsequent sections accordingly, that reads, "Appointment to the ad hoc committee will be via an application process that includes the clerk advertising for letters of interest, presentations to the Port & Commerce Advisory Board, and appointment by the PACAB Chair." Terry said this procedure would be in keeping with council's procedures. McClure thought the people interested in forming this committee already knew who they wanted to be on the committee, and this might fly in the face of what their intent was. She wondered what this amendment would accomplish. Terry said she wished to ensure the anyone in the public had the opportunity to apply for being on this committee; anyone who had already expressed an interest in being on the committee could submit a letter of interest as well. Motion to Amend Passed Motion to Amend (Terry/Casagranda) Unanimous Amend Resolution 2022-038 by creating a new Section 3, renumbering the subsequent sections accordingly, that reads, "PACAB will bring the recommendations of the ad hoc committee back to council." Terry said the ad hoc committee would report to PACAB, and PACAB would be responsible for bringing the committee's recommendations to council. Motion to Amend Passed Motion to Amend (Terry/Casagranda) Unanimous Amend Resolution 2022-038 in Section 4 by striking the first sentence which reads, "The committee will advise council on construction methods and long term maintenance." in its entirety. PAPA City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page Terry said council previously approved a constriction and maintenance plan. Motion to Amend Passed Unanimous In response to Bower, Terry confirmed that the ad hoc committee would sunset on December 31, 2022, unless extended by council. Main Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2022-045, Authorizing The City Manager To Enter Into A Contract With Victus Advisors To Conduct A Feasibility Study For A Community Recreation Center In An Amount Not To Exceed $90,940. Motion (McClure/Casagranda) Approve Resolution 2022-045 Bower said the city had received three proposals, and this vendor had been selected. Florence said after reviewing all the proposals, Victus Advisors had been selected; this company had a lot of experience in this area. Osenga said he thought a feasibility study would help determine whether the city could afford a community center. He thought it would be important to be cautious as this moved ahead; it needed to be considered honestly and with open eyes. McClure agreed that there was one way to find out if this was something the community could do, and thought it would have to be a combined effort between the city and the community. If the end result fell under the city, the cost and maintenance would have to be considered because user fees would have to cover the operating costs. It would be wonderful to have a community center, but caution was advised. Wells had studied the proposal and thought that there was potential for outside investors to support it. If the community center generated revenue, he believed there would be investor support for it. Casagranda thought it was important to look into this project and see if it was viable. McClure was concerned about the money being spent on this study. Wells agreed that this was a lot of money to spend on a study, but to find the answer about whether this project was feasible or not would be extremely valuable. 238 City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page Calhoon thought that supporting this resolution was the only way to find the answer about moving ahead or not. The feasibility study should provide a report on the operating costs and maintenance concerns, as well as potential funding sources if the project was recommended to move ahead. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS City Clerk's Travel Report for the Washington Municipal Clerks Association Conference. CITIZEN COMMENTS Lynda Paquette, outside the city, said the community had been against extending the airport into the wetland and habitat areas. She mentioned the slapping event that happened at the Academy Awards the other night; a lot of people were not talking about the humanity aspect of it. The universe was calling upon everyone to be better people. A sense of humor was an integral and important part of any society, and she asked everyone to consider whether making fun of people was an acceptable form of humor. Bruce Jaffa, outside the city, thanked council for approving Resolution 2022-038, and he appreciated the amendments that were made. He knew the chair of PACAB was very capable, and the citizens that he knew that were interested in participating on the committee would be happy to submit letters of interest. Jaffa said the citizens of Ukraine were fighting for their freedom and they needed help; it was critical to stand up to bullies, and he believed Russia was bullying Ukraine. He agreed that humanity should endeavor to rise to its highest level. Cindy Ecklund, inside the city, thanked council for a great meeting tonight. She appreciated the comments about the community recreation center feasibility study; she agreed that it was important to have this study conducted to learn how doable and sustainable this project would be. Jodi Kurtz, outside the city, thanked council for voting to approve the community center feasibility study. She was a coach for volleyball, and was recently out of town with the team; coaches from other communities mentioned to her that it would be great if tournaments could be held in Seward. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Wells thanked the Chamber of Commerce and Small Business Development Center (SBDC) for their work supporting local businesses. He appreciated the comments and insight on the resolution for the airport property. Osenga appreciated the presentations tonight, and thought it was a good meeting. Be safe. PAGR City of Seward, Alaska City Council Regular Meeting Minutes March 29, 2022 Volume 41, Page McClure appreciated the presentations and all the citizen comments and input tonight. Last Sunday was the anniversary of the 1964 earthquake. She had been receiving reports about seeing a lot of Styrofoam floating out in the bay, and thanked the boaters who made a point of trying to retrieve it from the water. Terry congratulated Scott Bartlett on his retirement from the US Army Rec Camp. She congratulated all the award winners for the annual Chamber of Commerce awards: Business Person of the Year Micheley Kowalski, Community Person of the Year Karl Van Buskirk, Business Site Improvement of the Year Primrose Provisions, and Directors Award Jason Bickling. She thanked the ad hoc committee in advance of their work. ADJOURNMENT The meeting was adjourned at 8:45 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 240 City of Seward, Alaska City Council Special Meeting Minutes March 29, 2022 Volume 41, Page CALL TO ORDER The March 29, 2022 special meeting of the Seward City Council was called to order at 8:50 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz Dee ss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused — DeMoss Absent — None John Osenga Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bruce Jaffa, outside the city, thanked council for making their meetings concise. The items on this agenda were very important; the need for camping space for employees made it clear that Seward had a housing issue. Regarding the Lowell Canyon Diversion Tunnel, this project was critical and would potentially lead to more conversations about hydroelectric power. Chip Arnold, outside the city, supported Resolution 2022-047 for the Alaska SeaLife Center (ASLC) employee camping. He appreciated the city administration for thinking about a new approach to their employee housing concerns. The four RV spots would equate to 80 to 160 hours of volunteer service at ASLC each week. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: ozI City of Seward, Alaska City Council Special Meeting Minutes March 29, 2022 Volume 41, Page Resolution 2022-047, Authorizing The City Manager To Waive Provisions In The Seward City Code 7.15.010 And 15.10.226, For The Alaska Sea Life Center, In Order To Accommodate The Need For Onsite Volunteer Camp Spots. Resolution 2022-048, Authorizing The City Manager To Sign All Required Documents Related To The Lowell Creek Flood Diversion Project. Resolution 2022-049, Authorizing The City Manager To Enter Into A Contract With SHI For The Purchase Of Sophos Central Intercept X, Sophos Central XDR And EDR, And Sophos MTR Advanced Subscriptions In The Amount Of $59,842.30 And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Public Safety Telecommunications Week Proclamation NEW BUSINESS Resolutions Resolution 2022-050, Authorizing The City Manager To Execute Task Order 2734.1 With R&M Consultants For The Replat Of The Fort Raymond Property In The Amount Not To Exceed $25,899 And Appropriating Funds. Motion (McClure/Wells) Approve Resolution 2022-050 Assistant City Manager Stephen Sowell said the city was moving forward with replatting the Fort Raymond property; the borough was currently working on replatting the 3.31 acres on the south end for Chugachmiut. Sowell said city administration believed the highest and best use of this property would entail subdividing the property. Motion to Amend (Terry/Casagranda) Motion to Amend Passed Amend Resolution 2022-050 in Section 2 by completing the section to read, "Funding in the amount of $25,899 is hereby appropriated from the General Fund Unassigned Fund Balance account no. 01000-0000-3400 to Community Development Contracted Services account no. 01000-1122-7009 within the 2022 operating budget." Unanimous MY, City of Seward, Alaska City Council Special Meeting Minutes March 29, 2022 Volume 41, Page Motion to Amend (Terry/McClure) Motion to Amend Passed Main Motion Passed CITIZEN COMMENTS — None Amend Resolution 2022-050 by completing the resolution date to read, "Passed and approved this 29tb day of March, 2022." Unanimous Unanimous COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for this meeting. McClure said she couldn't let the anniversary of the 1964 earthquake go by without mentioning the earthquake movie had been played at the library on Saturday, and several survivors of the earthquake had been present to provide their first-hand accounts. Terry said the earthquake movie was integral to this community. She thanked the businesses for stepping up and finding housing for their seasonal employees. ADJOURNMENT The meeting was adjourned at 9:06 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 243 City of Seward, Alaska City Council Special Meeting Minutes April 11, 2022 Volume 41, Page CALL TO ORDER The April 11, 2022 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Assistant City Manager Stephen Sowell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure John Osenga Liz DeMoss Ristine Casagranda Mike Calhoon Randy Wells comprising a quorum of the Council; and Janette Bower, City Manager (telephonically) Brenda Ballou, City Clerk Kris Peck, Deputy City Clerk Brooks Chandler, City Attorney Excused — None Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. NEW BUSINESS Other New Business Items Committee of the Whole: Greene Forensic Audit 244 City of Seward, Alaska City Council Special Meeting Minutes April 11, 2022 Volume 41, Page Terry outlined the setup of the Committee of the Whole with the Greene Audit presentation coming first, followed by council questions and comments and then the public questions and comments. Terry felt there would be ample time for everyone to participate. Motion (Terry/McClure) Move into Committee of the Whole regarding Greene Forensic Audit. Motion Passed Unanimous Council went into Committee of the Whole at 5:04 p.m. Council came out of Committee of the Whole at 6:30 p.m. Terry reported that administration would follow up with Greene's recommendations and provide ongoing reports and updates. Administration would provide reports to council for the internal audit currently being conducted in finance. CITIZEN COMMENTS Suzi Towsley appreciated the open-door policy and response from administration. It has made a huge difference in the atmosphere in city hall and city council. Towsley had often heard that Seward was very sophisticated, but she wanted to emphasis that we were not a rare gem in the universe and standard rules still applied here. She thanked council for their work. Sharyl Seese was thrilled to finally see the forensic audit happening. She thanked everyone for the work that had been done. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower agreed that city was complicated and one of the goals was to de -mystify the utilities so residents could better understand the billing process. Calhoon thanked everyone for their comments. One of his goals was for the community to regain their trust in the city government. Citizens needed to get involved and help make changes. He felt we were moving in a good direction for a town of our size. Casagranda wanted to echo everything Calhoon said. DeMoss wanted to thank the forensic auditors for their time. She felt it was important to find out why the errors happened in the first place instead of sweeping them under the rug. Otherwise it would only happen again. DeMoss expressed concern about the missing report which was supposed to be included for the auditors to complete their job. Osenga thanked the presenters and administration and wanted to move forward. Q,R City of Seward, Alaska City Council Special Meeting Minutes April 11, 2022 Volume 41, Page McClure was also disappointed to not have the complete report and wondered what happened to the missing time frame of information. Terry thanked Greene Auditors for coming to Seward and thanked city employees for gathering data behind the scenes. Clerk's Note: During the Committee of the Whole, the forensic auditors stated they had not received the user logs that recorded employee activity from the city 's financial system vendor for the period of April 2016 to March 2019. ADJOURNMENT The meeting was adjourned at 6:40 p.m. Kris Peck Deputy City Clerk (City Seal) Christy Terry Mayor City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 615 CALL TO ORDER The April 11, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager (telephonic) Stephen Sowell, Assistant City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — None Absent — None John Osenga Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lynda Paquette, outside the city, announced that Representative Ben Carpenter would have a Town Hall meeting at the library on Friday at 6:00 p.m. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Terry moved Resolution 2022-054 from Resolutions to Other New Business as a discussion item. Wells removed Resolution 2022-052 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: 247 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 616 Resolution 2022-051, Accepting And Appropriating American Rescue Plan Act (ARPA) Federal Grant Funds SOA-DCCED (NEU) In The Amount Of $676,748.30 For The Purpose Of Investment In Water And Sewer Infrastructure. Resolution 2022-053, Accepting And Appropriating The 2022 Volunteer Fire Assistance (VFA) Grant In The Amount Of $4,765.80 And Authorizing The Matching Funds Of $530.20. Approval of the March 29, 2022 City Council Special Meeting (#1) Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None City Manager Report. City Manager Janette Bower attended the Lisa Murkowski Infrastructure Grant Symposium today, and there were over 1,000 attendees. Tomorrow would be a follow-up event organized by the Alaska Municipal League which would focus on municipalities. Terry thanked the Electric Department for ensuring that 11 customers were appropriately reclassified from being incorrectly classified. She also appreciated all the activities happening at the library; there were great family -oriented events. DeMoss thanked for the thorough reports from department heads, and appreciated the Electric Department for taking the initiative to fix accounts. City Attorney Report. City Attorney Brooks Chandler reported the last month had been relatively standard. Tomorrow he would be furnishing an opinion letter on behalf of the city for the electric revenue bond, and he continued ongoing discussions about parking enforcement this summer. Borough Assembly Report. Borough Assembly Representative Cindy Ecklund reported the borough adopted the wildfire prevention plan; if anyone received concerning communications from their insurance company as a result, please let her know because there should not be a negative impact on homeowners insurance. The Sterling road expansion project was continuing. An ordinance was introduced relating to a re -apportionment plan. The fund redirection for Japanese Creek study would have a public hearing April 19, 2022. There was a Memorandum of Understanding (MOU) approved for sharing geographic data and imagery with cities inside the borough. The assembly was supporting House Bill 367 which related to first and second class boroughs and their apportionment for planning commissions. Other Reports and Announcements Quarterly report fFom the Por-t & Commeree Advisory Board by Chair -Br-a Chair Holmdahl did not attend the meeting. Presentations 248 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 617 Greene Forensic Accounting presentation on the City's forensic audit. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2022-007, Amending Seward City Code Chapter 8.15.145 Allowing More Flexible Use Within the Construction Site Camping Provision. This ordinance was introduced on March 29, 2022 and is coming tonight for public hearing and enactment. Motion (McClure/Wells) Enact Ordinance 2022-007 Community Development Director Jason Bickling said housing was an issue in Seward and with the onset of construction season, there were concerns about where the construction workers would be housed. This ordinance would open up city code in order to allow for workers to be housed on any construction site, wherever there was room, and not require them to camp on the exact construction site they were working on. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Osenga asked if this would allow construction crews to stay on private property. In response, Bickling said they would have to camp on construction sites. Casagranda said the construction company was required to file a request with the city manager for approval, and wondered if there was a time limit for how long the crews could camp. Bickling said, as long as the crews were actively engaged in work, they could camp. Osenga asked who would be watching this to make sure the crews were actively working. Bickling said both the Community Development Department and the building inspectors were aware of activities in town; between the two departments, they should be able to monitor activity. In response to Casagranda, Bickling said the crews were required to camp on construction sites, whether the sites were actively underway with construction or pending startup. Crews were not allowed to just camp on empty lots that were not part of the construction activities. Wells supported the concept of this ordinance and thought it would be very beneficial. Terry supported this ordinance and thought it would go a long way to enable the community to solve some of the housing issues. Motion Passed Unanimous Resolutions Requiring Public Hearing Q,K City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 618 Resolution 2022-046, Authorizing the City Manager to Enter into a New 20 Year Lease with 2 Five -Year Options to Extend with Pacific Resurrection Bay Seafoods for Parcel 14823009 and Parcel 14823010 in the Seward Recording District, Third Judicial District, State of Alaska, Consisting of Approximately Parcel A 19,756 Square Feet and Parcel B 33,572 Square Feet, More or Less. Motion (McClure/Casagranda) Approve Resolution 2022-046 Bower said there had been questions received about this resolution, and the harbormaster had been able to provide her with some answers: the main plant was privately owned, so that was why it was not included in this lease; the employees used on street parking; the current lease had expired, so it automatically reverted to a month to month term; and, the new Lowell Creek Diversion Tunnel would not impact this fishery. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Terry asked if the city attorney reviewed this lease. Chandler said he did not, but someone else from his firm may have. Chandler said it appeared to be a restated lease in which the terms were fairly standard and similar to the previous lease. McClure appreciated the clarification from the city manager because it answered a lot of questions. Calhoon said the parcel that the main building sat upon was not included in this lease because it was privately owned. Terry wondered what the borough website said, just to be clear. Council recessed at 7:50 p.m. Council resumed at 7:56 p.m. Bower stated the property for the main building was privately owned, and the city leased the property to the north and south of the main building. Sowell wished to clarify that a different attorney from the firm, Sam Severin, reviewed this lease. Wells said fishery employees parked on public property, but he knew citizens who parked in the same public parking area who had been told by fishery workers that they were parked in employee parking. Motion Passed UNFINISHED BUSINESS Unanimous ►4.70 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 619 Resolution 2022-014, Approving The Historic Preservation Commission Priorities From February 2022 To February 2023. This resolution was postponed on February 14, 2022. Terry said council had had a good discussion with all the boards and commissions recently, and she had a few amendments to suggest as a result of that meeting. Motion to Amend (Terry/McClure) Motion to Amend Passed Motion to Amend (Terry/McClure) Motion to Amend Passed Motion to Amend (Terry/DeMoss) Motion to Amend Passed Motion to Amend (Terry/McClure) Motion to Amend Passed Motion to Amend (Terry/McClure) Amend Resolution 2022-014 under Seward Historic Structures & Sites by changing the first bullet to read, "Provide research about local projects regarding the effect on properties identified in the local historic preservation inventory." Unanimous Amend Resolution 2022-014 under Seward Historic Structures & Sites in the fifth bullet by striking the word "engender" and replacing it with the words "provide research regarding" so that it reads, "Provide research regarding the preservation and use of the Jesse Lee Home properties for Park use." Unanimous Amend Resolution 2022-014 under Seward Historic Structures & Sites under the sixth bullet which reads, "Track and monitor the progress of the Fort Raymond Subdivision." by striking it in its entirety. Unanimous Amend Resolution 2022-014 under Seward Historic Preservation Plan in the first bullet by striking the words "promulgate economic incentives" and replacing them with "provide" so that it reads, "Provide historical preservation and education." Unanimous Amend Resolution 2022-014 under Seward P41 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 620 Historic Preservation Plan in the third bullet which reads, "Advance the Historic Business District." by striking it in its entirety. Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2022-052, Authorizing The City Manager To Enter Into A 3 Year Sole Source Agreement With T2 Systems To Provide Parking Enforcement & Permit Management Software In An Amount Not To Exceed $31,297 And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2022-052 Parks & Recreation Department Director Tyler Florence said the department was tasked with managing parking in and around the harbor area; he was trying to address some of the issues associated with managing parking violations, including enforcement and towing services. This resolution would provide digital permitting and permit enforcement. He thought this program would be effective because it would be fully integrated into the city's current parking system, allowing employees to lookup vehicles and know instantly whether the vehicle was permitted or not; an additional component would include vehicle lookup which would enable the department to connect a citation to the vehicle's owner. Wells was trying to make the connection between recovering the city's lost revenues with how this tracking system would work. He wished to see the cost -benefit of using this system outlined on paper, including the expectation about how many violations would be collected through this system, and the subsequent lost revenue that would be recovered. McClure recalled previous discussions with Florence about gating the parking lots that included revenue figures, and wondered if he could provide additional information to that effect. Florence said the city lost approximately $30,000 each year to uncollected parking violations. Florence added that, in addition to lost revenue due to uncollected parking violations, there were quality of life considerations as well, including visitor experiences. Wells wanted to see the documentation related to the city's lost revenue. DeMoss concurred and asked to see a breakdown of labor costs and a cost -benefit analysis. Osenga asked for clarification about what services this contract would provide, and what would be gained by contracting for this service. Motion to Postpone (Calhoon/McClure) Postpone Resolution 2022-052 to April 25, ►WIA City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 621 2022. Terry supported trying to find solutions to parking issues, and hoped to see some budget numbers and a cost -benefit analysis. McClure asked to see the impact of using this system on employee hiring. DeMoss asked to see labor costs and a profit and loss statement, or something similar. Casagranda asked if there would be any administrative fees incurred to administer this program which would fall outside of Florence's department. Wells wished to see what additional features were available and the costs associated with those, if any. Motion to Postpone Passed Unanimous Other New Business Items Discuss Resolution 2022-054, Utilizing Similar Boundaries Of The Downtown Historic District To Establish A New Historic Business District (HBD) Zone. Bower stated that, because the Historic Preservation Commission (HP) was a function of city council, she wanted council to weigh in on whether HP's request to create a new zone should be forwarded to the Planning & Zoning Commission for action. DeMoss said she had concerns about this because she did not wish to encumber business owners or residents with additional layers of city requirements. She could not recall council providing direction to HP to create a new zone. Casagranda understood the intent of this was to preserve historic aspects of the downtown area, but she did not wish to add another layer of permitting or requirements. Wells said he researched historic districts and grew concerned when he learned the regulations that Skagway had in place. He wondered how available building supplies would be for someone wishing to preserve a historic building. He also would prefer to see in writing what the actual intent of this resolution was by HP. McClure didn't understand the need to create a business area on top of the downtown historic district that already existed. She believed that property owners in the downtown area were careful with their buildings. Terry said her current concern was to address the city's housing shortage and she thought it wise to keep everyone's focus on addressing that issue rather than dividing attention to work on this item. 253 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 622 INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Cheryl Seese, inside the city, said HP was using the same boundaries for the historic zone as were established for the historic district; the commission's intention was to not have another building like Petro Marine or the library. She said there were no protections in place for this historic area. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sowell expressed condolences to Harbormaster Norm Regis on the loss of two family members. Wells appreciated the department heads who were available to answer questions. DeMoss congratulated P&Z Commissioner Sullivan for taking chair of P&Z. She thanked Ecklund for the great borough report. She expressed a Happy Retirement to Deputy Harbormaster Matt Chase. She thanked Greene Accounting for their report on the forensic audit tonight; she looked forward to moving ahead and knew there was still work to be done. And, she thanked council for their input and engagement tonight. Osenga said be safe. McClure congratulated Sullivan on taking chair for P&Z. She was proud of her cat for being on the packet cover tonight. Spring was here; watch for kids playing and biking. Happy Spring and Happy Easter. Terry thanked the high school for the Easter Egg Hunt last weekend. She said there were big snow piles everywhere, so watch for kids. Happy Spring. EXECUTIVE SESSION Go into executive session to discuss the status of negotiations for the purchase of parcels 2405 and 2413 Seward Highway, per SCC 2.10.030 (b)(4). Motion (Terry/Casagranda) Go into executive session to discuss the status of negotiations for the purchase of parcels 2405 and 2413 Seward Highway, per SCC 2.10.030 (b)(4) following a five minute recess. The city attorney, city manager (telephonic), and assistant city manager were invited to stay. 254 City of Seward, Alaska City Council Meeting Minutes April 11, 2022 Volume 41, Page 623 Motion Passed Unanimous Council recessed at 8:44 p.m. Council resumed at 8:49 p.m. Council went into executive session 8:49 p.m. Council came out of executive session at 9:10 p.m. Terry asked the city attorney and city manager if they felt council needed to take action at this time. Chandler recommended council make a motion to either accept or decline the offer. Motion (Terry/McClure) Motion Passed ADJOURNMENT The meeting was adjourned at 9:14 p.m. Brenda Ballou, MMC City Clerk (City Seal) Withdraw from the negotiation process concerning the purchase of parcels 2405 and 2413 Seward Highway. Unanimous Christy Terry Mayor ►437 Agenda Statement Meeting Date: April 25, 2022 From: Brenda Ballou, City Clerk Agenda Item: City Council Recommendation for the Kenai Peninsula Borough Planning Commission BACKGROUND & JUSTIFICATION: On October 12, 2021, the City's representative on the Kenai Peninsula Borough Planning Commission, Cindy Ecklund, was certified as the city's new Borough Assembly Representative, and subsequently resigned from the KPB Planning Commission. Seward's seat does not expire until July, 2023. Since then, the city has been advertising the vacancy and encouraging interested citizens to apply. On April 11, 2022, the borough notified the city clerk that an application had been received from Seward's Planning & Zoning Commissioner Troy Staggs. Because the borough announced the vacancy would be "open until filled" this application is coming forward to council for consideration. There are no other applicants. The application and appointment process for the KPB Planning Commission is: 1. Applications are submitted online through the borough website 2. The borough notifies the city clerk of applications received 3. Seward City Council reviews applications and creates a list of recommendations 4. The list of recommendations is provided to the borough mayor 5. The borough mayor makes the appointment 6. The borough assembly confirms the appointment RECOMMENDATION: Vote to approve recommending applicant Troy Staggs to the KPB Planning Commission as the City of Seward representative, and direct the city clerk to send council's recommendation to the KPB Mayor's office. ►4.7y Mon 4/1112022 14:01 AM T Turner, Michele <MicheleTurnerkph.us> RE: KPB Planning Commission - Seward City Seat Applicants i Brenda Ballou C€ Aes€hliman, Melanie; -_` Shirnberg, Ann; ._> Blankenship, Johni; -_` E€klund, Cindy OYou replied to this message on 4/11/202210:12AM. RSeward City Seat Applicant444722.pdf pdf File Extemal Email: This email originated from outside of the o-ganization. ❑o not click links or open a.ta€hments unless you-ecognize the sende- a -id irow .he €onten, is safe_ Goad morning, Per our email of 01 /14/22, the KPB Planning Commission City of Seward seat has remained opened �,nyil-illed. An application for the Seward City seat was received on 04/07/22. In accordance with KPB 2.40.015 and 2.40.030(A), the city seat applicant has been verified as a resident within the City of Seward and is a qualified voter of the borough. The attached application is submitted herewith for consideration. KPB Planning Commission -Seward City Seat Troy Staggs Please let us know if you have any questions. Thank you, Michele Turner, CMC Deputy Clerk / Records Manager Kenai Peninsula Borough (907) 714-21 d5 direct QU Kenai Peninsula Borough Planning Department Seward City Seat (Term Expires 07/31/2023) PC Application Submitted 2022-04- 07 16:24:22 Name: Troy Mailing Address: PO Box 718 Seward, Alaska 99664 My Residence Address is DIFFERENT from my Mailing Address Residence Address 2305 Diamond Blvd Seward, Alaska 99664 Email: Sgtstaggs@yahoo.com Home Phone: Mobile Phone: (812)343-9944 What knowledge, experience, or expertise will you bring to the Planning Commission? Building Contractor (Owner, Staggs General Contracting LLC.), worked all over the East coast in the lower 48 doing construction, demolition, and repairs. Honorably Discharged from the Marine Corps, Worked for Cummins Inc. for 7 years, Outdoor enthusiasm that is looking to give back to the State that I now call home. Voter # SSN Date of Birth 258 I have been in the construction field most of my life. In my hometown of Columbus Indiana, I was a General Contractor, and have worked in all phases of the construction process for Residential and Light Commercial. I worked with the Building and Zoning Department on a regular basis to get my Building Permits and to comply with each of their inspections. I feel having this experience may help me have a perspective to help our community here. I worked with Cummins Inc. for about 7 years as a Facility Service Technician. I worked closely with Electricians, Plumbers, and Mechanical Engineers. It was here I believe I got the greatest benefit. I worked with some very gifted individuals that continually challenged me to become better. I had to utilize computers every day to identify, document, and keep track of jobs. While at Cummins, I became the Area Representative for our Office Committee Union. I held this position for 6 of the 7 Years I was there. I was able to help resolve issues before they escalated. I was the mediator between the Manager and the Union member if needed. It was here I was able to improve on my listening and communication skills. I have been to Alaska 3 times to see if it was really where My family and I needed to be. The first time in 2014 I came up without the family to see what risk/danger it entailed. (manageable) I went South to the Peninsula and as far North as Healy. Had a lot of good adventures and beautiful sights. So much I couldn't begin to describe the beauty. I was sure I had to get my family here. Several years went by and I was making really good money with Cummins. I wanted for nothing. What really set everything in motion was when my mother made a comment about me having such a good job. I knew it was a dead-end job. One of those you retire from and live happily ever after. Life is so much more than that. It was at that very moment I knew I wasn't doing anything to help anyone but myself. If I can do anything in life I want to know that It helped someone else, that my life wasn't in vain. The second time to Alaska was with my wife and 3 boys in 2020. I took them North to Wasilla, Talkeetna, Cantwell, and finally Healy. Aside from Healy, we spent no less than 3 days at each location. At that point, we saw all the North we wanted to see and then I took them South. On our trip South we stopped in Girdwood, Wittier, Soldotna, Kenai, Homer. Spent a good amount of time in Homer and thoroughly enjoyed ourselves there. we then made a trip to the other side of the Peninsula to see Seward. We were torn between Seward and Homer of all the places we had been. We were certain this was to be our new home, but there was a lot to get sealed up in Indiana before we could make our trek North. I set the date for departure for June 18th, 2021. We had purchased a Greyhound Bus and converted it into a not so tiny house, I bought my wife a Cadillac Escalade and an Enclosed trailer to put our household into, I also bought a Conex Box and filled it with all my construction tools, and a flatbed trailer to put it on. I had a driver drive my Ram 3500 with the gooseneck and conex while I drove the Bus and my Wife drove her Escalade. It wasn't until just before we loaded up our convoy that we pulled the trigger to go to Seward. The trip here was a great adventure in itself, I wouldn't trade those memories for anything. We got into Alaska just after July 4th and made our way to Seward and the rest is yet to come. 259 I recently joined the Seward Planning and Zoning Commission and look forward to all I can learn and help with there. I saw the opening for Kenai Peninsula Borough Planning Commission and after talking to a few others that have held the position I decided it would likely be a good fit for me also. Troy Staggs 260 August 12, 2020 Letter of reference for Troy Staggs To Whom it May Concern, I am pleased to provide this letter of reference for Troy. He worked directly for me for about 4 years, before I retired at the Cummins Technical Center in Columbus Indiana. Troy worked in the maintenance department as a maintenance technician. Above all, Troy is honest. Next, he is incredibly industrious and self motivated. There was no task that he was afraid to undertake. Being a self-starter, Troy initiated numerous projects and did necessary research to bring the appropriate tools to the project. I hope this helps Troy secure whatever job he's applying for. You may feel free to contact me per information below. Sincerely, Mark Nethercutt Maintenance Mgr, Cummins Technical Center (Retired) Senior Mechanical Engineer, Nethercutt Solutions, Columbus, Indiana Home address: 747 Harrison Ridge Rd, Nashville, IN 47448 Cell Phone 812-223-1661 261 AGENDA STATEMENT Meeting Date: April 25, 2022 From: Kris Peck, Deputy City Clerk Agenda Item: Non -Objection to Liquor License 91130 Transfer of Ownership from Thorn's Showcase Lounge to Flamingo Lounge BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the transfer of ownership for the following business: Business: Flamingo Lounge Licensee: Flamingo Cocktail Lounge LLC License Type: Beverage Dispensary License Number: 1130 The City of Seward Police Department, Fire Department, Utilities Department and Leases Department no objections to the transfer of ownership of this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license transfer, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the transfer of ownership of Liquor License 41130 from Thorn's Showcase Lounge to the Flamingo Lounge 04M MEMORANDUM Date: March 15, 2022 RECEIVECC To: Naneth Ambrosiani Finance/Leases Jeremy Rogers Finance/Public Utilities „ ; 6 Chief Alan Nickell Police Department Chief Clinton Crites Fire Department OFFICE OF THE CITY CLERIC From: Kris Peck, Deputy City Clerk RE: Verifying compliance for the transfer of ownership Non -objection to the transfer of ownership from Thorn's Showcase Lounge to the Flamingo Lounge. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Flamingo Lounge Licensee: Flamingo Cocktail Lounge LLC Type of License: Beverage Dispensary License Number: 1130 Department Status Initials Finance/Leases n, Finance/Utilities Police Chief,,�`� Fire Chief ay,,, iG �- t3flG°� /0A D 11 Deadline for Protest: Saturday, May 14, 2022 (60 days from receipt of notification) Last regular Council Meeting for Approval: Monday, May 9, 2022 RETURN TO CITY CLERK no later than Tuesday, May 3, 2022 V 263 THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY March 14, 2022 City of Seward Kenai Peninsula Borough Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71 Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 VIA Email: clerk@citvofseward.net; bballou@cityofseward.net; mienkins@kpb.us; ivanhoose@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us iblankenship@kpb.us; ciackinsky@kpb.us; assemblyclerk@kpb.us License Type: Beverage Dispensary License Number: 1130 Licensee: Flamingo Cocktail Lounge LLC Doing Business As: Flamingo Lounge Premises Address: 208 4t" Avenue ❑ New Application ® Transfer of Ownership Application ❑ Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, ,�� /VZ-4— Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Alcohol and Marijuana Control Office 550 W 7ch Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensine(a)alaska.gov httDs://www.commerce.alaska.aov/web/amco Maska Aioohok Beverage Control Board Fam Q B-020. 7Fainsf u Ucense Appliag"boon What is this form? Phone: 907.269.0350 This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 3304 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. Enter information for the current licensee and licensed establishment. Licensee: Thorn's Showcase Lounge, LLC License #: 1130 License Type: Beverage Dispensary Statutory Reference: 04.11.090 Doing Business As: Thorn's Showcase Lounge Premises Address: 203 4th Avenue City: Seward state: 1AK 7-1P: 199664 Local Governing Cody: City Seward (Kenai Peninsula Borough) Transfer Type: F✓ Regular transfer ❑ Transfer with security interest E] involuntary retransfer OFFICE USE ONLY Compete Date: 3— Transaction A 1 0 Board Meeting Date: I License Years: Issue Date: BRE: y p [Form AB-01] (rev 10/10/2016) RWVWOV Page 1 of 265 JAN 2 I ILK 0r,A Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensing@alasl<a.eov https://www.commerce.alaska.gov/web/`amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-32® T ransfev Locense Application Section 2 - Transferee Information Enter information for the new anolicant and/or Inration taakina to ha lirpncprl Licensee: Flamingo Cocktail Lounge LLC Doing Business As: Flamingo Lounge Premises Address: 208 4th Avenue City: Seward state: 1AK zIP: 99664 Community Council: N/A IVlailingAddress: P.O. Box 2916 City: Seward state: �AK ZIP: 199664 Designated Licensee: Kelly Ann Cavaretta Contact Phone: 760-685-4935 Business Phone: 1760-685-4935 Contact Email: flamingococktailco@gmail.com Yes No Seasonal License? R Premises to be licensed is: If "Yes", write your six-month operating period: Section 3 — Premises Information an existing facility 7 a new building ® a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in vour answer. What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in your answer. [Form AB-01] (rev 10/10/2016) Page 2 of 7 Alcohol and Marijuana Control Office S50 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.Iicensing(@alaska.gov https://www.commerce.aIaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: F applicant F affiliate Name: Address: City: State: ZIP: This individual is an: R applicant F affiliate Name: Address: City: State: ZIP: Section 5 - Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (LI-Q, partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president secretary, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. Entity Official: Matthew Cope Title(s): Member FWOne: 1619-804-8997 % Owned: �50 Address: 215 Lowell Canyon Road City: Seward State: 1AK ZIP: �99664 [Form AB-01] (rev 10/10/2016) Page 3 of 7 041YA Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.aIaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: Kelly Ann Cavaretta Title(s): Member Phone: �760-685-4935 % Owned: 150 Address: 215 Lowell Canyon Road City: Seward state: 1AK ZIP: 199664--j Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity #: 10/74577 AK Formed relate: 9/24/2021 dome State: AK Registered Agent: Matthew Cope Agent's Phone: 619-804-8997 Agent's Mailing Address: P.O. Box 2916 City: Seward State: AK ZIP: �99664 Residency of Agent: Yes No Is your corporation or LLC's registered agent an individual resident of the state of Alaska? F71 F [Form AB-01] (rev 10/10/2016) .-1� � Page 4 of 7 I JANI 21 2022 $pt+.Rt�%tgy� r_ °4,,� Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 6 - Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Does any representative or owner named as a transferee in this application have any direct or indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? Yes No If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license number(s) and license type(s): Section 7 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If'Nac" rlicrinen *Ffn nmm� nf+hn inrlivirin�l end +Mn rnoenn Fnr+L.io �n+L.r.r:�..+:..... The Law Offices of Ernouf & Coffey, P.C. is assisting with the transfer. [Form A13-01] (rev 10/10/2016) Page 5 of 7 i►4s9 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.Iicensing@alaska.gov htti)s://www.commerce.aIaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I,°as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this applicatio ap rove of the transfer of this license, and find the information on this application to be true, correct, and complete. SkD e f t ansferor Craig Thorn Printed name of transferor c. RIIIcribed and sworn to before me this day of 20 �•� i Signature of Notary Public kar Notary Public in and for the State of My commission expires:'I�3 Signature of transferor Karyn Clemens Printed name of transferor [Form AB-01] (rev 10/10/2016) Subscribed and sworn to before me this day of Notary Public in and for the State of 20 Signature of Notary Public My commission expires: Page 6 of 7 OW, Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensineC@alaska.eov httos://www.commerce.alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of transferor Craig Thorn Printed name of transferor Ktj�A .�( (&7�k)41W- au , Signature 8 f transferor Karyn Clemens Printed name of transferor Subscribed and sworn to before me this day of Notary Public in and for the State of 20 Signature of Notary Public My commission expires: Subscribed and sworn to before me this _ day of 20 :r J'"15�Py\ A. rF [Form AB-01] (rev 10/10/2016) 9 6 Signature of Notary Public Notary Public in and for the State of My commission expires: Page 6 of 7 of` �%,IAARIJUAN4 C S'a v��fc �•C �� ��� � OF A✓`�� Alcohol and Marijuana Control Office 550 W 7ch Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/­amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. Printed name 1/ Subscribed and sworn to before me this, day of 20C' Signature,of Notary Public Notary Public in and for the State ofC My commission expires: [Form A13-01] (rev 10/10/2016) AMCCPage 7 of 7 272 QAN 2 i 499?i MI ILI IV[ dr.C, MIN JJJV1 P r .. � akchoJ.Jk:e^srn��aJaska.�ov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Aiaska Alcoholoc Beverage Control Board Form A o -©7-o premoses Doi o ram What is this form? A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form is not required, Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's main office before any license application will be considered complete, Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. 2r E Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Flamingo Cocktail Lounge LLC License Number: 1130 License Type: Beverage Dispensary Doing Business As: flamingo Lounge Premises Address: 203 4th Avenue City: Seward State: AK ZIP: 99664 aAh( ( [Form AB-02] (rev 06/24/2016) k1AN Page 1 of 2 �' � 2U2�� 273 NORTH w 19 Bathroom ALLEY I RU)IIAUKAIN11 DETAIL 1st FLOOR Flamingo TO THE KITCHEN Lounge . . ............. ... . of Lift Lift used strictly to transport alcohol from basement 17 k) El Edo] PP Entrance/ ]-Exit ,L'avaFourth Ave. Basemenngo Lounge AB-02 Lift used strictly to transport alcohol upstairs M Basement Restaurant Storage -(North) Tenant use - (South) 275 AMCO Rezeiyed 3/2/2022 Fourth Ave ZZOZ/Z/C PGAIGOGH OONV C) 0 OD LL- 0 CUD < 0 7(5 cu 0 C,/) 6 =CO3 0 CCD LL 00 LM 0 0 0 "W N ;,LK-IN F,cezet Garage Door STORAGE AND Entrance RECEIVING NORTH Stairs to WALK N basement Stairs to Second Story And to basement T 1 11,4 APT N1 Ist FLOOR VC -C A-?> o -Z Restaurant I Apartments I and Commercial Spaces S Stairs to 2nd Story >1 St Lift Commercial Unit Flamingo Lounge Suite 2 Pe Co mmercial j CommercialUnit Commercial Suite 1 Unit Suite 3 Restaurant Entrance ,,, tr f <<ri )CI., 277 y owl aC=w W APT #2 APT #3 i 2ND FLOOR Stairs to 1" floor Apartments Only APT #5 Stairs to I" floor APT #6 • "i o P is n _ 4 f � , p T M N 4 W I� m EZO 00 C) N w a I • • • • • Alaska alcoholic Beverage Control Board MIR'llul as", MIS JJJu1 alcohol.l icensln��alaska.ao� https://www.commer, Phone: 9Ui.2b9.0350 F®rm 5-030 6°3e=urant Duo o n aUan Permo� Appkaf n What is this form? A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304.715 — 3 AAC 304.795 as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 3 AAC 304.305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the meals, including entrees prepared onsite and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS documentation for licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS O4.16.049 —AS O4.16.052 and 3 AAC 304.715 — 3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee may be made by credit card, check, or money order. CPC ffnCrli I — onfforrr a- %nn Enter information for licensed establishment_ Licensee: Flamingo Cocktail Lounge LLC License Type: Beverage Dispensary License Number: 1130 Doing Business As: Flamingo Lounge Premises Address. 208 4th Avenue City: Seward state: AK ZIP: 99664 Contact Name: Kelly Ann Cavaretta Contact Phone: 760-685-4935 ftc�%Dn R e 4Fpc@ off G3cgU(@zft 1 This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of AS O4,16o010(c➢ or AS O4.16.049, and for the request of the following designatlon(s� (check all that apply): 1. 11 Dining after standard closing hours: AS O4.16.010(c) 2. Dining by persons 16 ® 20 years of age: AS 04.16.049(a)(2) 3. Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS 04.16.049(a)(3) 4, 21 Employment for persons 16 or 17 years of age: AS O4.16.049(c) NOTE: Under AS O4.16.049(d), this permit is not required to employ a person 18 - 20 years of age. OFFICE USE ONLY Transaction A Infifpls: O� 33 [Form AB-03](rev 4/16/2019 Page 1 of 5 280 FAN 21 202E Alaska Alcoholic Beverage Control Board M111.1 IVI C�C, M1% 77JV.1 Phone: 907.269.0350 Form AB-03- Restaurant Designation Permit Appiic:atioil (Review AS 04.16.049(a)(2); AS 04.16.049(a)(3); AS 04.16.049(c) List where within the premises minors are anticipated to have access in the course of either dining or employment as designated in Section 2. (Example: Minors will only be allowed in the dining area. OR Minors will only be employed and present in the Kitchen.) Minors customers will be allowed in the dining area, and restrooms only. Minor employees are permitted in the kitchen and front of house only. Minor employees are not permitted behind the bar or to serve alcohol. Describe the policies, practices and procedures that will be in place to ensure that minors do not gain access to alcohol while dining or employed at your premises. Storage: All alcohol will be locked in secure storage. This will only be accessible by the restaurant owners, general manager and bar tender. Each of these individuals will be at least 21 years old and will hold on their persons a current TAP or eTIP card verifying that they have been trained to control the distribution and service of alcoholic beverages in Alaska. Access/Service: There will be no alcohol sales or delivery outside the building walls. Dining guests must walk in and out the same door, which controls the transfer of alcohol. An owner or manager is always on site and monitors the consumption of alcohol Yes No Is an owner, manager, or assistant manager who is 21 years of age or older always present on the premises during business hours? :c.tic�a� I C f c•�c.�ce : svI . €►iI It Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant, a Food Service Permit or (for licenses within the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required. Please follow this link to the DEC Food Safety website: http://dec.alaska.gov/eh/fss/food/ Please follow this link to the Municipality Food Safety website: http://www.muni.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx IF you are unable to certify the below statement, please discuss the matter with the AMCO office: Initials I have attached a copy of the current food service permit for this premises OR the plan review approval. ' *Please note, if a plan review approval is submitted, a final permit will be required before finalization of any permit or license application. [Form AB-03] (rev 4/16/2019 Page 2 of 5 ON alcohol.lice nsing@alaska.gm https://www.commer�- �^ Phone: 9u /.269.u350 Alaska Aicohoft Beverage Control Board ItOfAt- � M(DMITO off ( p(@rT2UO)H Review AS O4.16.010(c). L11LCI all IIVUIS LIId6 YUUf Cb'd "Lunt 1. fnLenas to lit! open. inmae variances in weeKena/weeKday nours, and indicate am/ m - 11 pm, 7 days (summer months), 5pm - 9pm Wed -Sun (winter months) - may expand to F4p unches in 2023. OQc'%Din a — Z O(R'Fw cis Review AS O4.11.100(g)(2) Are any forms of entertainment offered or available within the licensed business or within the proposed licensed premises? Ilona II A r:La L. .. _.._. ..-.. .. ... ... ..... .....-.., ....... �.v v. uru9 MW anu souc uIWUU3 Iuu vVI II�I9 UIC Cl ILCI LtlifIII ICf IL fatly UILILUF: Food and beverage service offered or anticipated is: ✓ table service 11 buffet service counter service other It ULIICI , UCSL.I IIJC LFIC ITIdnner o6 Loou anu Ueverage service oTTereo or anticipated: Yes No U I—Vi [Forma AB-03] (rev 4/16/2019 Page 3 of 5 282 FAN 21 2022 M1.ILI Ivl 06C, MIX 77Jv1 Alaska Alcoholic (beverage Control Board Phone: 907.269.0350 Form AB-03.- Restaurant Designation Permit Appkation ZectOoli't9 7 - 6cer,° OffOc vl{ O®d9 and QpprrawaOs Read each line below, and then sign your initials in the box to the right of each statement: Initials There are tables or counters at my establishment for consuming food in a dining area on the premises. I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons. This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises. I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. I have included with this application a copy of the most recent AB-02 or AS-14 for the premises to be permitted. (AB-03 applications that accompany a new or transfer license application will not be required to submit an additional copy of their premises diagram.) I declare under penalty of perjury that this form, including all attachments and accompanying schedules and statements, is true, correct, and complete. Signature of licensee Kelly Ann Cavareita Printed name of licensee Signature of Notary Public Notary Public in and for the State of My commission expires: Subscribed and sworn to before me this day of 20 Local Government Review (to be completed by an appropriate local government official): Approved Denied 1-1 Signature of local government official Date Printed name of local government official Title u. _w (Form AB-031 (rev 4/16/2019 Page 4 of 5 283 Mash Qlcol aft Beverage Gontro0 Board 'T4>E Of AA AMCO Enforcement Review: Signature of AMCO Enforcement Supervisor Date Enforcement Recommendations: AMCO Director Review: Signature of AMCO Director Date Limitations: -11i I I U I a6c, MN IV zlivI aIcohol.lice nsing(a)alaska.gov httPs://www.commer- Phone: Phone: 7ui.269.0350 Enforcement Recommendation: Approve D Printed name of AMCO Enforcement Supervisor Printed name of AMCO Director 0 proved Denied 11 [Form A8-031 (rev 4/16/2019 Page 5 of 5 284 9AN 21 2022 �c0RoM (J (E) establishedin2021indirecl response to an underoablyshittyyear- serving fine libaliom,, reasonable food anddebatablyhonest stones C Crated Libations ubblas respectable oriaks for questfonablepeople life needs bubbles $12 Glass I Bottle Weather Day Bubbles 41 bourbon te on, local spruce ti p si mple, egg white Bubbles #2 Lower 48 Mule kentucky bourbon, ginger beer, mint, li me Bubbles #K3 Strange Brew Martini Bubbles # 4 bourbon cmr cold brew Oaxaca Old Fashioned Bubbles # 5 mezcal, tequila, sherry, bitters, orange zest MPZ - Mateds Pinchy Mezcal Paloma mezcal, blood orange, lemon, grapefruit, topo chico White Farewell to the Glaciers neverabadtimeforaroseinyourlife mezcal, nun, scotch, li me, si mple Glass I Bottle A Double In August (aka the Zombie) White #1 rum non rum, rum, juice, juice, juice White #2 Guantarimojito white rum limejuice, sugar cane, fresh mint White #3 491h State Fizz White #4 gin, egg white, spruce ti p si mple syrup White #5 Good Friday'64 gin, champagne, lemon, sugar White #6 Ode to Gene jim Beam, citrus, soda water, rosemary White #7 Ruski Blanco vodka, kalhua, fresh cows milk House Infusions Reds creating newtakes on liquorto make old dunks brand newagain boldand tight to get youthrough the night rotatingselectionbasedonseasonal availabili ty andgeneral laziness $10 Glass I Bottle Tequila strawberry & jalapeno Red #1 $81$ Mezcal roasted pineapple Red #2 Bourbon peaches & coffee Red #3 Gin cucumber & basil Rum vanilla & mango Red #4 Red #5 On a... p Red #6 / dnnktocat— winekindofgetsa freepass $8 Red #7 Tapl- ITap2-ITap3-ITap4- - dnnklocal_. winekindofgetsafreepass $8 ask about our reserve bottle list AK Beer 1 I AK Beer 21 AK Beer 3 1 rotating can AMC Y Cheap Tall boy - served in a paper bag WAN 21 2024 285 bloc Romgo eslablisl7edin2021indirmtrespol etoanwdeniablyshittyyear-servingfinetibation4andoaMabfyhoneststones Starters Buns &Stuff forthe table orforyourself Sub any pattyfors beyondburger. Ali burrs corm with one choice of an individual sizedside Sourdough Garlic Bread roasted garlic, rosemary, honeycomb Halibut Sando $16 tartare, lemon, basil, arugula $20 Bacon V*apped Oates almonds, cashews, balsamic, honeycomb Fried Chicken Sando $12 frank's red hot aioli, butter pickle, lettuce, tomato $16 Hote roasted yellow &white corn, chorizo, jalapeno, cotija, Gme Not -so Plain Jane $12 garlic, onion, rosemary Add bacon +$3 $12 Fried Pickles Bacon Cheeseburger beer battered, jalapeno aioli slab bacon, over easy egg $8 $14 Brisket Hash horseradish mashed potatoes, crispy onions, red wine reduction Black & Blue Burger $12 fried onion, blue cheese crumble $16 Bacon & Eggs pork belly, poached egg, hollandaise, brioche Mushroom Swiss Burger $12 garlic aioli, wild mushroom mix $16 Calamari tartar sauce, garlic aioli $12 Surf &Turf ordereda 7a carte Greens &Things Flank Steak (14oz) ve3etablesaregoodforyo4 we think chimichurri, roasted peanut potatoes $28 Caprese burrata, heirloom tomatoes, basil, red onion, balsamic NY Steak (12oz) $16 garlic compound butter, rosemary, mushrooms $32 Caesar grilled romaine, soft boiled egg, shredded parmesan, anchovy Filet 00oz) $14 truffle compound butter, asparagus, $36 Wedge iceberg, blue cheese, crumbles, bacon, tomato Bone -in Mbeye (16oz) $14 coffee rubbed, blue cheese crumbles, balsamic $48 Garden cucumber, red onion, garlic croutons, sharp cheddar Shrimp Scampi $12 garlic, butter, chili oil and flakes $32 AAA(,' Salmon Chowder .' potato, corn, garlic, onion Halibut 02 oz) Cup - $10 1 Bowl - $13 lemon caper f f, JQN $38 House Chic u poblano, sour cream, sharp cheddar King Crab Legs Cup - $101 Bowl - $13 Y/ pound - $4011 pound - $75 2 legs - $110 i Sides forthe table toshareaid fight over p� o° 'ChL-C+� W Hutt - $ 8 - $12 1 oz chunks ofhalibut n tha choice ofoneside served wthtbusenode tafiarand cocktail sauce � • � tots, sweet potato fries, onion rings, garlic shoestring fries loaded baked potato, potato salad, sour cream mashed potatoes 6 chunks $22 y?' green beans atmandine, asparagus &bearnaise, 10 chunks $29 lemon garlic mushrooms, hash browns 14 chunks $35 286 Q�askn Food Clod 2022 Es ahflshr ani FlermR Division of Environmental Health Food Safety & Sanitation Program Permit Number: 12694 Issued to: FLAMINGO COCKYAIL LOUNGE L L,C For: 1F9amdngo Cocktanb Lounge 1FS For Operation of': IFIF4 Food Service Located at: 208 4th AVE Seward, AK 99664 This permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. Expiration Date: Program Manager: W yca� h,&Iua quesOcnz OF cencerrnz Fesmlydo ng Sage ft ood hnndMg pry&cUccs cao� 2000 9rree. Q5n nnch@[rago (��202 3 34�206- @� AMCC JAN 2120L ►NFA Ake eke Food Code 2022 EMBbRahf ani vlermK Division of Environmental Health Food Safety & Sanitation Program Permit Number: 12693 Issued to: IFLAIYitENGO COCKTAEL LOUNGE LLC For: IFla mtngo Cocklaflll Lounge Bar For Operation of: IFN-4 Tavern/Bar Located at: 208 4th AVE Seaward, AK 99664 This permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. Expiration Date: Program Manager: Ott You Mwe quesq ms op oonocrns pc po0o S"09 wood Na'-'� d Ungj pyac Oc ez C200 NCO ffp��o (in'anchorage CaH ZZ4-2360) ,MCC 1.1AN 21 2Q2i 288 Discussion Item Documents: • Agenda Statement • Attachments: o HPC Special Meeting Agenda 2/10/22 o HP Resolution 2022-003 o Quote for Walking Tour Signage o HP Special Meeting Minutes 2/10/22 o HP Meeting Minutes 2/10/22 o Questions about In -Kind Donations 0 22-XXX HP Request to Keep Funds P&N City Council Agenda Statement Meeting Date: April 25, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: City Council Direction Regarding Historic Preservation Commission, CLG Grant #200005 — Walking Tour Project Background and justification: SHPC and City Staff submitted an HPF-CLG Grant application on January 27, 2020 to create physical public educational signage for a Seward Historical Tour (Resolution 2020-079). The HPF-CLG Grant #20005 project was approved and the grant agreement was received by the City Staff on July 17, 2020 from the State Historic Preservation office. The City Manager was authorized, on September 14, 2020, to accept and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project 2020 (Resolution 2020-079). The Seward Historic Preservation Commission (SHPC) was anticipating a need for additional funding to pay for signs and maps, and in accordance with the grant, and after extensive public meetings and work sessions outlining its intent to do so, the SHPC sought public donations. In late May through mid -June 2021 $7,200 was raised through Public donations which were received by check, made out to the City of Seward. SHPC then received direction from staff that Seward City Code does not authorize SHPC to solicit donations. City staff recommended that the Historic Preservation Commission vote to either return these funds with a letter to donors explaining why the donation was being returned, or draft a resolution to the City Council requesting that the Council allow the commission to keep and use the funds. The citizens who donated funds expected that their funds were to be used to create signs and maps. SHPC voted unanimously on HP Resolution 2022-003 to retain and use the funds for the purchase of additional Seward Historic Walking Tour Maps that was part of the goal of the grant. Administration requests direction from City Council on whether to bring forward a resolution at a forthcoming meeting to accept and appropriate the private donations that were solicited by the Historic Preservation Commission. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: 04,16, Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: $ Available Unrestricted Cash Balance*: $ Electric Wastewater Water F1 Healthcare Finance Director Signature: *unaudited numbers Attorney Review-' Administration Recommendation x Yes Adopt Resolution Not applicable RX Other: 04,11 Historic Preservation Commission Agenda Packet Special Meeting Thursday, February 10, 2022 Council Chambers, City Hall 6: 00 p.m. 041ya F Se 4 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Historic Preservation Commission Meeting on Thursday, February 10, 2022 at 6:00 p.m. for the purpose of: Historic Preservation Commission, CLG Grant #200005 - Walking Tour Project, unauthorized solicitation of public funds. The meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings. Signed this 8t" day of February, 2022. Chair UJ City Manager 2 Commissioners Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) 293 SPECIAL MEETING NOTICE Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Historic Preservation Commission Meeting on Thursday, February 10, 2022 at 6:00 p.m. for the purpose of: Historic Preservation Commission, CLG Grant #200005 - Walking Tour Project, unauthorized solicitation of public funds. The meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings. All public is invited to attend. Posted: Monday, February 8, 2022 City Hall bulletin board U.S. Post Office Harbormaster's Building Seward Community Library Museum WE The City of Seward, Alaska HISTORIC PRESERVATION COMMISSION SPECIAL MEETING AGENDA 6" February 10, 2022 6:00 p.m. Council Chambers Cheryl Seese Chair Term Expires May, 2022 Sue Ward Vice Chair Term Expires May, 2023 Tanguy Libbrecht Commissioner Term Expires May, 2023 Mary Ann Benoit Commissioner Term Expires May, 2024 Dona Walker Commissioner Term Expires May, 2024 Art LeMaster Commissioner Term Expires May, 2023 Vacant Commissioner Term Expires May, 2022 Stephen Sowell Assistant City Manager Bailey Sayler Library Museum Director Brenda Ballou City Clerk 1. CALL TO ORDER 2. PLEDGE OFALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a commission member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. Other Reports and Announcements — None C. Presentations — None City of Seward, Alaska Historic Preservation Commission Special Meeting Agenda February 10, 2022 Page I ►11 7. NEW BUSINESS A. Other New Business Items 1. Historic Preservation Commission, CLG Grant 9200005 - Walking Tour Project, unauthorized solicitation of public funds. 8. INFORMATIONAL ITEMS AND REPORTS — None 9. CITIZEN COMMENTS 10. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS 11. ADJOURNMENT City of Seward, Alaska Historic Preservation Commission Special Meeting Agenda February 10, 2022 Page 2 OZI:i MEMORANDUM Meeting Date: February 10, 2022 From: Brenda Ballou, City Clerk Agenda Item: Historic Preservation Commission, CLG Grant 9200005 - Walking Tour Project, unauthorized solicitation of public funds BACKGROUND On September 14, 2020, the Seward City Council approved Resolution 2020-079 to accept grant funds from the state's Historic Preservation Fund (Certified Local Government Grant 9200005) for the purpose of creating a Walking Tour of historic properties throughout Seward. The CLG grant award was for $17,295, and the city's match amount was $3,970 plus 300 hours of in -kind volunteer hours. On May 24, 2021, the Seward City Council approved Resolution 2021-061 to accept additional grant funds from the state (as Amendment 91 to the original grant). The additional CLG grant funds in the amount of $6,705, brought the project grand total to $27,970 ($17,295 + $3,970 + $6,705), plus the 300 in -kind volunteer hours. UNAUTHORIZED SOLICITATION OF PUBLIC FUNDS On June 4, 2021, a private campaign was initiated by some commissioners to solicit public donations for the purpose of covering what they believed could be potential funding shortfalls. This action was not brought to the commission for deliberation, nor was a request brought to city council to authorize a public donation solicitation. The result of the private campaign was that $7,200 was collected: DONOR AMOUNT Lezlie Wilfer $200 Iris Darling 1,000 Seward Rotary 1,500 Arctic Paradise B&B 100 Northern Lights Home Staging 100 Sweet Darlings 500 Tony's Bar & Liquor Store 500 Cobble Company 500 Two Black Dogs Property 200 Coastal Heritage Accommodations 100 Apollo Restaurant 100 Carol Lindsey 1,500 Toloff Rentals 200 Lynn Hohl 100 Fourth Avenue Lodging 500 Catherine Byars 100 TOTAL $7,200 WYA These public donations were held by the city in an account, unspent and sequestered from the grant funds. Seward City Code 2.30.425 (b) states, "The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council." Addressing a budget shortfall by soliciting contributions from the public is a city council decision. RECOMMENDATION It is recommended that the Historic Preservation Commission vote to return these funds, and take ownership to correct this situation by: 1. Requesting the Library Director or City Clerk draft check requests for returning the funds as listed above; and 2. Authoring a letter from the commission to accompany the checks, explaining the reason why the donations are being returned. Alternatively, if the commission believes the donations should not be returned, the commission may draft a resolution for city council requesting that council allow the commission to keep and use the funds. PUN Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2020-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS FROM THE STATE OF ALASKA HISTORIC. PRESERVATION FUND (HPF) IN THE A.IOUNT OF $17,295, WITH A REQUIRED MATCH OF $3,970, FOR THE FY2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" PROJECT ON BEHALF OF THE SEWARD HISTORIC PRESERVATION COMMISSION, AND APPROPRIATING FUNDS WHEREAS, the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a 40160 matching Historic Preservation Fund (HPF) Program annually to Certified Local Governments (CLG); and WHEREAS, the City of Seward Historic Preservation Commission (SHPC) has applied for and been awarded several HPF-CLG Grants in the past; and . WHEREAS, SHPC received notification for FY2020 HPF-CLG grant proposals on December 17, 2019 with an application deadline of January 30, 2020; and WHEREAS, one FY2020 HPF-CLG priority for grant funding is to increase public awareness of historic preservation; and WHEREAS, one assigned SHPC pm ver and duty is to work toward the continuing education of citizens regarding local historic preservation and community history (Ord 94-04 2.30.425): and WHEREAS, the SHPC has received letters of support for this project from local cnmtriur7ity groups and businesses for the economic benefit of promoting economic tourism and community pride through education of local historic preservation and community history; and WHEREAS, SHPC and Staff submitted a HPF-CLG Grant application on January 27, 2020 to create physical public educational signage for a Seward historical tour; and W'IIERE:kS, the HPF-CLG Grant #20005 project was approved and the grant agreement �k as received by the City Staff on July 17, 2020 from the State Historic Preservation Office; and WHEREAS, the estimated total project cost is $28,825, which includes $11,530 City share and $17,295 for Federal share; and WHEREAS, there is an additional 8.5% State indirect cost to the City of $1,470; and CITY OF SEWARD, ALASKA RESOLUTION 2020-079 WHEREAS, the estimated City share consists of' S 3970 cash, plus 300 in -kind volunteer hours and other in kind and donated goods and services to make up the total cost to the City; and W H E RE AS, grant funds will be administered by City Staff and expenditures reimbursed after invoices are submitted; and WHEREAS, the period of the grant upon full execution ends June 30, 2021 with no option for an extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby autl'iorl/ed to accept and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 IIPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project. Section 2. Funding in the amount of $17,295 is hereby acccptc(l to state grant revenue account number 01000-1111-4252-0011 and appropriated to contracted services account number 01000-1111-7009-00 l 1.. Section 3. funding in the amount of $3,970 is hereby appropriated from the General Fund reserve account number 01000-0000-3400 to contracted scrti ices account nutnhcr 01000- 1111-7009-0011. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of September, 2020. I'lI F,C11) 0U SEN%'ARD, ty Terry, 1VWyor AYES: Seese, Osenga, Baclaan, McClure, Terry NOES: None ABSENT: Crites ABSTAIN: None ON CITY OF SEWARD, ALASKA RESOLUTION 2020-079 ATTEST: ZIA, 0 - , 4 L; reni al. gallou'ohw City Clerk 'o"sa...,s,� (City Seal) -" of SCzy�'•. r r r =� SEALS A � 'rrrrrrrsar�r�s rya KI11 SHPC Agenda Statement Meeting Date: September 14, 2020 To: City Council Through: Seward Historical Preservation Commission Agenda Item: A Resolution Of The City Council Of The City Of Seward, Accepting Grant Funds From The State Of Alaska Historic Preservation Fund In The Amount Of $17,295 With A Required Match Of $3,970 For The FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission, And Appropriating Funds BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources, Historic Preservation Office annually offers matching Historic Preservation Fund (HPF) Program grants to Certified Local Governments (CLG). The City of Seward is a Certified Local Government and has received several of these grants in the past. The match consists of 60%a Federal Share and 40% Sponsor Share. The Sponsor Share may include in -kind volunteer hours, donated work and funds. An 8.5% State indirect cost on the Federal Share is also required. The Alaska State Historic Preservation office sent a notification for a FY2020 HPF-CLG grant proposals on December 171h, 2019 with a deadline of January 30, 2020. The Commission assigned a CLG Grant committee to work on the application consisting of HP Commissioners Tanguy Libbrecht, Wolfgang Kurtz and Sue Ward due to the very short timeframe between the notification, subsequent HP meetings and the application deadline. This project proposes to install physical interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. The primary purpose of the project is to increase awareness of Seward's historic district sites and their significance. (i.e. sites 50 years or older by creating a walking tour of 25 important historic sites located in Seward. A secondary purpose is SHPC believes there is a cultural and economic benefit to the creation of a walking tour in our historic Seward downtown area for more identified locations of interest and "things to do in Downtown Seward" for the over 100 cruise ships and their passengers who visit in the summer months. Letters of support were received from: Seward City Manager, Seward Chamber of Commerce, Seward Senior Center, Resurrection Bay Historical Society, and the Pioneers of Alaska, Seward. The Commission has formed committees to implement the project plan and to work with and secure permission for properties not owned by the City of Seward. The Commission plans to complete the project by the end of May 2021 in time for the 2021 tour season. The grant proposal was approved by the Alaska Historical Preservation Commission, who reviewed the applications submitted, on April 27, 2020. Due to staffing changes at the State Historic Preservation Office and the COVID-19 pandemic situation, the City of Seward did not 302 128 receive the grant agreement until July 17, 2020. The grant period begins upon full execution of the grant agreement and ends June 30, 2021, with no option for an extension. Total Project Costs (see grant application Budget Table) Personal Services: $5,000.00 Contractual: $17,825.00 Supplies/Materials: $4,500.00 Travel: $1,500.00 Total Estimated Project Costs: $28,825.00 City Share (see grant application Budget Table) Cash Match: In -Kind Goods and Services: Donated Goods and Services: Estimated City Share of Project Costs: $2,500.00 $2,381.00 (local contributions) $7,629.00 (300 volunteers hours x $25.43) $12,510.00 Plus 8.5% cash State Indirect on Federal Share: $1,470.00 Total Estimated City Cost: $131980.00 ($3,970.00 cash) Federal Share (see grant application Budget Table) Expected cash reimbursement: $17,295.00 City Monetary Share Cash: $2,500.00 8.5% cash State Indirect on Federal Share: $1,470.00 $3,970.00 INTENT: Council approval to accept of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $3,970.00 to reimburse the vendors for services rendered for the project. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan 2.2.3 Support activities initiated by the Seward 1. Historic Preservation Commission (SHPQ. 3111111 Promote x seasonal and year-round tourism, including heritage tourism. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-I1 History and Sense of Community pg. 13 x Other (list): Seward Historic Preservation Plan 7.1 Opportunities: Educate citizens on historic preservation and the benefits to our community. Historic sites should be identified and labeled. Enhance 3 heritage tourism opportunities. Develop a sense of history among the populous by recognizing local culture. 8.1 Immediate Action: Identify x and share economic benefits of historic preservation. 8.2 Long -teen Ambitions: Educate local community about preservation in order to engage therm in ,reservation efforts. 303 129 FISCAL NOTE: The City will receive up to $17,295 in grant revenue reimbursement and will utilize its own matching funds in the amount of $3,970. The matching funds are not included in the budget and will come from the General Fund reserves. Approved by Finance Department: __CfB ATTORNEY REVIEW: Yes No RECOMMENDATION: 079 1. Approve Council Resolution 2020- , A Resolution Of The City Council Of The City Of Seward, Accepting The Funds From The State Of Alaska Historic Preservation Fund Matching FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. 2. Direct City Manager to accept of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $3,970.00 to reimburse the vendors for services rendered for the project. 304 130 Sponsored by: Bower SUBSTITUTE CITY OF SEWARD, ALASKA RESOLUTION 2021-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANTFL iN DS FROM TH E STATE OF ALASKA HISTORIC PRESERVATION FUND (HPF) — Ai%IENDNlENT #1 IN THE AMOUNT OF $6,705 FOR THE F1'2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" PROJECT ON BEHALF OF THE SEWARD HISTORIC PRESERVATION COMMISSION, AND APPROPRIATING FUNDS WHEREAS, on Jule 17, 2020, the State of Alaska, Department of Natural Resources, Historic Preservation Off ice awarded a 40/60 matching Historic Preservation Fund (HPF) Program Grant ,=20005 Seward Historical Tour: Public Education Signage Project to the City of Seward, a Certified Local [government (C l-G) in the amount of $18,765 in federal funds; and '*N'IIEREAS, the purpose of this grant project is to install interpretive signs to highlight sites of interest as part of a 1 listoric Sc,.�'ard Walking Tour; and WHEREAS, on September 14, 2020,.the City of Seward accepted the HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project on behalf of the Seward Historic Preservation Commission (SHPC) via Resolution 2020-079; and WHEREAS, SHPC began grant work on the project at the October 8, 2021 HP regular meeting and accumulated 847.45 in kind Commissioner volunteer hours by March, far beyond the 300 hours committed for the City's match; and WHEREAS, SHPC researched, labored and worked �%ith property owners to establish a list of properties, develop signs. submit drafts for revic«-. sceure volunteer work for a map and finalize signs for production, and WHEREAS, on April 23, 2021, SHPC submitted a request to increase the federal share by $6,705, for a grant total of $24,000 to cover costs of signage design, production, and associated installation materials expected to exceed the original reimbursement to the City; and WHEREAS, the State Historic Preservation Office (SHPO) submitted Amendment 1, Budget Aclj ustnicrnt for approval on April 30, 2021 to increase the federal share: by S6,705 to meet project goals and to use in kind volunteer hours to meet the City's 40% Sponsor Share of $4,470; and WHEREAS, SHPC recommends accepting the Amendment 1, Budget Adjustment for HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project so the KI1b.1 CITY OF SEWARD, ALASKA RESOLUTION 2021-061 community o#' ScN+ and may experience the full benefit of this project this summer; and WHEREAS, the period of tlic "I-MIt u1)on full execution ends June 30, 2021 with no option for an extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF TH E CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to accept Amendment #1, Budget Adjustment and appropriate funds in the amount of $6,705 from stEite grant revenue account no. 01000-1111-4252-0011 to contracted services account no. 01000-1 1 1 1-7009-0011 to pay vendors for scry ices rendered to fulfill the HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project. Section 2. T17is resolutiOtl shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. AYES: Sce c. C'asag7anda, Baclaan, DeMo,, NOFS: Nonc ABSI-N : None ABSTAIN: None A TT: � i. MC City Clerk (C"ity Seal} OF SFW'�r, Rj LJ f r r • � = s :•° SEAL �a i �n OF ++°+r++n�a a iM• 411A Council Agenda Statement Meeting Date: May 24, 2021 To: City Council Through: Janette Bower, City Manager From: Valarie Kingsland, Library & Museum Director Agenda Item: A Resolution Of The City Council Of The City Of Seward, Accepting Funds From. Amendment 1, Budget Adjustment For The Alaska Historic Preservation Fund (HPF) CLG Grant #20005 For The Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources, Historic Preservation Office awarded a 40/60 matching Historic Preservation Fund (HPF) Program Grant #20005 in the amount of $18,765 to the Seward Historic Preservation Commission (SHPC) of the City of Seward, a Certified Local Government (CLG), on July 17, 2020, for the Seward Historical Tour: Public Education Signage Project. This project proposes to install interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. City of Seward Council Resolution 2020-079 was approved on September 14, 2020 and funds were appropriated. The match consists of 60% Federal Share and 40% Sponsor Share. The Sponsor Share may include in -kind volunteer hours, donated work and funds. An 8.5% State indirect cost on the Federal Share is also required. The SHPC began grant work for this project at the October 8, 2021 SHPC regular meeting and accumulated 847.45 in kind Commissioner volunteer hours by March, far beyond the 300 hours committed to for the City's match. The commission researched, labored and worked with property owners to establish a list of sites, develop signs, submit drafts for review, secure volunteer work for a map and finalize signs for production. There has been much community interest and support for this project as well as monetary donations to ensure the success of this project. The SHPC submitted a request on April 23, 2021 to increase the federal share of this grant from $18,765 to $24,000, an increase of $5,235, to cover costs of signage design, production and associated installation materials expected to exceed the original reimbursement to the City. The State Historic Preservation Office submitted Amendment 1, Budget Adjustment for approval on April 30, 2021 to increase the federal share by $5,235 to meet project goals and to use in kind volunteer hours to meet the City's 40% Sponsor Share of $3,216. There is also an increase in the 8.5% State Indirect on Fed Share for Amendment 1 of $410 to be paid in cash by the City. Amendment 1 Budget Adjustment includes an increase in the federal share by $5,235 and moving funds from personal services to contractual services. All other provisions remain the same. The full GMIA execution of the grant agreement ends June 30, 2021, with no option for an extension. Expect a presentation to Council on June 28tn Cost Categories Original Amend. 1 Change Contractual 17,825 27,971 10,146 Personal Services 5,000 5,000 Supplies & Materials 4,500 2,395 (2,105) Travel 1.500 1,500 Subtotal 28,825 36,866 8.041 Project Costs for Grant Calculation Purposes 40% Sponsor Share of Project 11,530 14,746 3,216 (City Cost, vol. hours) 60% Fed. Share of Project Costs 17,295 22,120 4,825 (Cash to City) 8.5% State Indirect on Fed Share 1,470 1,880 410 (City Cost, cash) Total Federal Share 18,765 24,000 5.235 (Fed Cost) Subtotal 28,825 36,866 8,041 Potential Reimbursement to City 17,295 22.120 4,825 INTENT: Council approval to accept the Amendment 1, Budget Adjustment for the HPF-CLG Grant #20005 for the Seward Historical Tour: Public Education Signage Project and appropriate the Fed Share of Project Costs of $4825.00 in cash for the City to reimburse the vendors for services rendered for the project and $410 for the State Indirect on Fed Share to be paid by the City in cash. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan 2.2.3 Support activities initiated by the Seward 1. Historic Preservation Commission (SHPC). 3111111 Promote x seasonal and ear -round tourism, including herita e tourism. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-11 History and Sense of Community pg. 13 x Other (list): Seward Historic Preservation Plan 7.1 Opportunities: Educate citizens on historic preservation and the benefits to our community. Historic sites should be identified and labeled Enhance 3 heritage tourism opportunities. Develop a sense of history among the populous by recognizing local culture. 8.1 Immediate Action: Identify x and share economic benefits of historic preservation. 8.2 Long-term Ambitions: Educate local community about preservation in order to engage them in preservation efforts. FISCAL NOTE: Funds received from the Historic Preservation Fund for HPF-CLG Grant #20005 will be appropriated from state grant revenue account no. 01000-1111-4252-0011 to Seward Historic Preservation Commission account number 01000-1111-7009-0011 to reimburse vendors for services rendered for this grant project. Matching funds in the amount of $410 will be appropriated from General Fund reserves account no. 01000-0000-3400. �:ts3 Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: l 1. Approve Council Resolution 2021- d� ` , A Resolution Of The City Council Of The City Of Seward, Accepting Funds From Amendment 1, Budget Adjustment For The Alaska Historic Preservation Fund HPF-CLG Grant #20005 For The Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. 2. Direct City Manager to accept Amendment 1, Budget Adjustment for the HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $4,825.00 to reimburse the vendors for services rendered for the project. 3. Appropriate $410 for the State Indirect Cost on Federal Share to be paid by the City in cash. C"r-11 CITY OF SEWARD, ALASKA Sponsored by: ["hair Scesc HISTORIC PRESERVATION COMMISSION RESOLUTION 2022-003 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION CONFNHSSION OF THE CITY OF SEWARD, AI,ASKA, REQUESTING C'ITN' COUNCIL AUTHORIZATION TO RETAIN AND APPROPRIATE. PRIVATE I)ONAT[ONS TOCI.G GRANT#20005"SEWARD HISTORICAL TOUR: PUB[_1C EDUCATION S[GNA(GE" FOR THE PURPOSE OF T[IE PURCHASING ADDITIONALNN'ALKING TOUR MAPS WHEREAS, the FY2020 HPF-CLG grant funding is to increase public aw arenLss Of historic preservation (Resolution 2020-079); and WHEREAS, one assigned SHPC power and duty is to work toward the continui n g cdLicatioe} of citizens regarding local historic preservation and community history (Ord 94-04230.425). (Resolution 2020-079); and WHEREAS, SHPC and Staff submitted a HPF-CLG Grant application on January27, 2020 to create physical public educational signage for a Seward historical tour (Resolution 2020-079); and W H ERE AS, the HPF-CLG Grant #20005 project was approved and the grant agreement was received by the City Staff` on July 17, 2020 from the State Historic Preservation office 2020 (Resolution 2020-079); and WHEREAS, the City Manager was authorized, on September 14, 2020, to accept and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project 2020 (Rest) I Lit ion 2020-079); and WHEREAS, in the 8/13/2020 SHPC Regular Meeting Packet on pagc 52 of the grant it states: "Commissioners will also seek in -kind and funding to support activities beyond the funding requested in this grant. The City anticipates covering some of tlic overall cost. The rest will come from the grant and private funding." On pages. 9-64 of this packet is the complete grant for reference; and WHEREAS, the SHPC, anticipating a need for additional funding to pay for signs and maps, and in accordance with the grant, and after extensive public incelings and �.�ork scissions outlining our intent to do so, SHPC sought public donations, in late May throb-h mid -June 2021, to complete the project. Public donations totaling S7.200 were received by check, made out to the City of Seward; and WHEREAS, the SHPC complcted tic grant's requirements on time (September 30, 2021) obw and under budget, due to the thousands of volunteer hours donated by commissioners and donations K1iNI HISTORIC PRESERVATION COMMISSION RESOLUTION 2022-003 of time and material by the contractor; and WHE:RLAS, the City Manager, .lencttc Bower, called a Special Meeting February 10, 2022, titled: "Historic Preservation Commission, CLG Grant 4200005-Walking Tour Project, Unauthorized Solicitation Of Public Funds."; and WHEREAS, the SliPC \yas informed at this time that the Sc�� and City Code 2.30.425 (b) states, "The commission shall have no authority to expend or cone nit city funds without first obtaining approval by and any necessary appropriations from the city council."; and WHEREAS, the Seward Historic Presciwation C"ornniission did not "expend or commit any city f'Linds." Direction from staff on proper fund raisin - came after- the tact, thmlld-i staff observed every discussion of fund raising openly in many meetings; and WHEREAS, the City recommended that the Historic Preservation Commission vote to either return these funds with a letter to donors explaining v by the donation wasbein- returned, OR draft a resolution to the City Coui1ciI rctluesting that the ('01.6I1eil allow the commission to keep and use the funds; and WHEREAS, the citizens donated because they wanted to contribute to preserving and sharing Seward's history through the project. The donors expected that their lands A ere to be used to create signs and maps. Fundy rcccivcd were not all solicited but given freely: and N'v'IIEREAS, by unanimous vote the Sewart I listoric Preservation Coinni1ssion chose to keep and use the funds for the purchase of additional Seward Historic Walking `four Maps; which was part of the goals of the grant. NOW, THEREFORE, BE. IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. Tlr�2 Scw and I listoric Prescr\ ation Commission heicb\ requests that the Seward. City Council approve this plan to keep the monies donated to the grant for the additioMrl purchase of Seward's Historic 11'alking -I-our Maps to be placed at the Chamber of Coinincrce and local hi,lsi1)CSSCS around Scward and beyond. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Historic Preservation Commission of the City of Sewrird, Alaska, this IO'h day of March, 2022.. '415 1i1STDRI[� PRESER'%'A"I'l0N CMUNIMISSION RES01.U"I ON 2022-003 AYES: Ward, Benoit, LeMaster, Seese NOES: None ABSENT: Walker, Libbrecht ABSTAIN: None VACANT: One ATTEST: he-- 0 - Brenda J. Ba011o,C City Clerk `�'*�i s° of 103 Z 0, rd (City S'l • • . • B •. t e SEA 10 b ■ A s• a ..•.... i ...•° OF Me THE CITY OF SEWARD, ALASKA J Cheryl Seese, air c1Pa Service Business Printing (Fireweed) SERVICEPR NT, NG 323 East Fireweed Lane Anchorage, AK 99503 US +1 9072763004 onnie@serviceprint.com www.serviceprint.com Estimate ADDRESS City of Seward 410 Adams Street, City Hall Building Seward, AK 99664 ESTIMATE # 1079 DATE 04/07/2022 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. ACTIVITY Seward Historic Walking Tour Map 8.5x14, 241b white bond, folded Off -Set Printing Printing Accepted By TOTAL C Y RATE AMOUNT 72,000 0.10 7,200.00 Accepted Date $7,200.00 'tip.] Article 4. - Historic Preservation Commission 2.30.410 - Established. (a) An historic preservation commission is hereby created, consisting of seven residents of the City of Seward or surrounding areas, who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be appointed a member of the commission. (b) To the extent available in the community, three commission members shall be professionals, as defined in Appendix A of 36CFR 61, from the disciplines of history, architecture or architectural history and archaeology. If the commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the historic preservation commission. Consultant appointments shall be approved by the historic preservation commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. (c) A chairman of the commission shall be selected annually by the appointed members. (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.415 -Terms of office; filling vacancies. (a) Members of the historic preservation commission shall be appointed for a term of three years, provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year. (b) The city council, may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. (c) Fallowing a member's absence from three consecutive regular meetings of the commission, the remaining commission members shall decide whether the commission member should be retained or whether to request council appointment of a new member. (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.420 - Meetings and quorum. (a) The commission will meet at least twice each year at a time and place to be designated by the commission. (b) Four members of the commission shall constitute a quorum for the transaction of business, except that, in the absence of a quorum, any number less than a quorum may adjourn the «E11 meeting to a later date. The affirmative votes of at least a majority of those commission members present shall be required for any action. (c) All meetings and records of the commission shall be open to the public. The commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. (Ord. 94-04) 2.30.425 - Powers and duties. (a) It shall be the responsibility of the historic preservation commission to: (1) Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska Heritage Resources Survey. (2) Survey and inventory community historic architectural and archaeological resources within the community. (3) Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. (4) Act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (5) Work toward the continuing education of citizens regarding local historic preservation and community history. (6) Support the enforcement of the Alaska Historic Preservation Act, AS 41.35. (7) Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. (b) The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. (Ord. 94-04) «161 City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes February 10, 2022 Volume 3, Page CALL TO ORDER The February 10, 2022 special meeting of the Historic Preservation Commission was called to order at 6:00 p.m. by Chair Cheryl Seese. OPENING CEREMONY Commissioner Art LeMaster led the Pledge of Allegiance to the flag. ROLL CALL There were present: Cheryl Seese presiding and Sue Ward Mary Ann Benoit Dona Walker Art LeMaster comprising a quorum of the Commission; and Bailey Sayler, Library Museum Director Brenda Ballou, City Clerk Excused — Libbrecht Absent — None Vacant — One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Ward/LeMaster) Motion Passed There were no consent agenda items. Approval of Agenda and Consent Agenda Unanimous SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None Other Reports and Announcements — None Presentations — None QP] City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes February 10, 2022 Volume 3, Page NEW BUSINESS Other New Business Items Historic Preservation Commission, CLG Grant #200005 - Walking Tour Project, unauthorized solicitation of public funds. City Clerk Brenda Ballou stated that she believed 100% that there was no ill intent from the commission when they solicited these funds, but it was simply against city code for the commission to solicit donations without the authorization of city council. Ward said that was not true; that was inaccurate. Ballou said she had consulted with the city attorney and it was his opinion that this was not in keeping with city code. The commission was provided with a budget which was approved by city council; the grant funds were specified in the resolution that was approved by city council. If the commission felt that they would be short on funds to complete the project, the appropriate thing to do would be for the commission to either request authorization from council to solicit donations, or else request an appropriation of additional funds from council. Seese stated it boggled her mind that only now this concern was being brought forward; this meeting blindsided the commission unfairly and inaccurately. As avolunteer, Seese did not believe it was her responsibility to know city code, with the exception of the commission's mission and how to observe Robert's Rules. Seese stated that city council accepted the CLG grant funds via Resolution 2020-079; she believed that In Kind Donations included monetary donations. At their May 17, 2021 work session, the commission discussed fundraising and no correction was provided to the commission at that time. Seese said the commission operated under the belief that their fundraising efforts were acceptable, particularly because they subsequently changed the name of the committee to include the word "fundraising" and because the commission retroactively reviewed and approved the letter soliciting donations, after it had been mailed to citizens. The commission completed the CLG grant project on time and under budget. Ward believed that once a grant had been approved by city council, it was down to city staff and the commission to administer the details of the grant. She said that in the grant application, under the Work Plan, it stated, "We will be looking for private funding to support activities beyond the funding of the grant." She said that statement was approved by city council when they voted to accept the grant document and the accompanying funds. The commission could not be faulted for actually reading and implementing the grant as written. In the absence of advice otherwise, she believed that indicated approval by city council. Labeling this solicitation of public funds as unauthorized was not accurate and was misleading. Benoit said she was fully aware that donations were being solicited; she was not surprised by that action, and recalled the commission talking about that at meetings. Benoit believed those discussions constituted deliberations by the commission. Another thing Benoit thought was «rA City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes February 10, 2022 Volume 3, Page inaccurate was that some of the donors on the list contacted the commission themselves to offer donations; she didn't think those donors were "solicited" by anyone, but instead donated freely without being asked. She noted that the donations were being held in a separate account, unspent and sequestered from the grant funds; she wondered why the funds hadn't been returned by now if this was such a problem. Benoit said she was never told she needed to understand city code in order to be a commissioner, and wondered how any of the commissioners would know what code said. She said if the commission was expected to take ownership of the situation, then the city should take ownership as well. Seese stated that Seward City Code 2.30.425(b) stated, "The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary approbations from the city council." She said, when council signed receipt of the grant funds and the grant, the city gave us permission. In the grant, future fundraising, monetary fundraising, was included. Ward said they didn't usurp; they thought it was written out and they needed to do it. It was something they were charged to do. Seese said the donated funds were earmarked to be used for printing more maps of the Walking Tour for this year's tourist season, as well as additional signage. The people who donated did so because they believed in this project. Motion (Ward/Benoit) Return the donated funds, including a letter drafted by the commission explaining why the funds are being returned. LeMaster asked if these funds were needed. Seese said they were, for printing additional brochures/maps. Benoit said there had been 2,500 brochures printed previously, and an additional 2,500 had already been paid for with Corvis Designs. Benoit believed the second 2,500 would last through this coming tourist season. Benoit said, with this extra donation money, they could get 40,000 brochures/maps printed and that would last for about eight years. She said, after all the work they did, she didn't want to keep going back every year to ask for money to print more maps. Seese thought 2,500 maps for last year was nothing, and that this year there would be cruise ships and the tourist season would be much busier; 5,000 maps for this year might not even be enough. Seese supported what Benoit had suggested about getting a lot more maps printed. Ward withdrew her motion with no objection from the commission. Benoit said last year's brochures/maps were not printed and distributed until the fall; right now, people had little stockpiles. She didn't think they had experienced a summer season yet to see how fast those brochures would actually go; they could go a lot faster than she anticipated. 411&1 City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes February 10, 2022 Volume 3, Page Motion (Seese/LeMaster) Draft a resolution for city council requesting that council allow the commission to keep and use the donated funds. Seese hoped that council would approve the commission's use of the funds. LeMaster said it hadn't occurred to him that they would need maps in the future. hi response, Ward said that was the only thing left that would be a recurring cost. Benoit said one of the reasons they didn't print more maps initially was in case a mistake was found. Walker asked if the installation for the remaining three signs still needed to be paid for. In response, Seese and Ward confirmed that the installation was already paid for. Seese added that everything was paid for, except additional brochures. Motion Passed Unanimous By unanimous consent, the commission authorized Seese and Benoit to draft the resolution for city council. INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS — None COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Benoit said, (verbatim) "Going through this process, I am a member of Rotary, and it's a service organization. Our motto is "Service above self." And so we follow this four-way test thatwe always use to make sure that we think that something is the right thing to do. And so, I try to follow the same test myself, even if I'm not doing something for it; so, the test is: Is it true? Is it fair? Will it be beneficial to all concerned? And, will it build goodwill and better friendships? So, the way this whole special meeting thing was presented I don't think met a single one of those criteria. Unfortunately. First of all, is it true? No, I don't think so. I feel like the truth has been portrayed or slanted in a way, a way to kind of draw attention away from the fact that the city may not have provided adequate or timely advice through staff regarding the city code, and in an effort to avoid taking ownership of that, that everybody else kind of got blamed for this problem. Is it fair? No. It's not fair, I don't think, to treat volunteers that have spent thousands of hours making the city a better place through a great proj ect that educates, brings business to town, and brought citizens together in partnership as if we're like rule breaking children that need to be chastised in public. Was it beneficial to all concerned? No. It was definitely not beneficial to this commission who, if any of you guys feel like I do, I've lost some of my desire to continue volunteering my precious time because of how we've been treated in this process. I think about was it beneficial to the community? I don't think so. People that are proud to be part of this and contributed their time and their effort or money «N City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes February 10, 2022 Volume 3, Page don't want to feel bad about this project. And now they may wonder whether getting involved in future city projects is a good idea. Was it beneficial to the city? I seriously doubt it because, I think in an effort to save face about this by trying to put the blame on everybody else for a lack of oversight and advice, it's unlikely in the future that people are going to want, want to walk work alongside our city partners. And finally, did it build goodwill and better friendships? I don't think so. A more positive approach might have been if the clerk's office had just come to our chair and said, `We have to address the remaining funds from the project; let's add it to the agenda and vote on if we want to return it or keep it. If you want to keep it for the project, I can help you draft a resolution to the city council for approval. I should have mentioned this requirement of the city code to you previously, but it was an oversight, so let's take care of it now'. In my opinion, that would have taken about two minutes and it would have met the criteria of all four things. So, that's all I have to say." Seese said she appreciated having alternatives to choose from, and that the city clerk had made the effort to consult with the city attorney. She echoed Benoit's suggestion that, in the future, something like this should be handled in a different way. She hoped the commissioners would continue to serve; everyone worked well together and had accomplished a lot. She thanked the commissioners for being a part of this very difficult meeting. ADJOURNMENT The meeting was adjourned at 6:40 p.m. Brenda Ballou, MMC City Clerk (City Seal) Cheryl Seese Chair «zel City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page CALL TO ORDER The March 10, 2022 regular meeting of the Historic Preservation Commission was called to order at 7:30 p.m. by Chair Cheryl Seese. OPENING CEREMONY Char Seese led the Pledge of Allegiance to the flag. ROLL CALL There were present: Cheryl Seese presiding and Sue Ward Mary Ann Benoit Pena Walker Art LeMaster comprising a quorum of the Commission; and Elena Yanusz, Library Museum Coordinator Brenda Ballou, City Clerk Excused—Libbrecht, Walker Absent — None Vacant — One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Seese read a letter that had been submitted to her from Bob Reisner. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Ward/Benoit) Approval of Agenda and Consent Agenda Benoit removed the February 10, 2022 special meeting minutes from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve the February 10, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS 'M City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page Proclamations & Awards — None City Administration Report. — None Chair Report. Chair Seese provided a laydown of her chair report, and stated, (verbatim) "At the February 10, 2021 special meeting, there was no audio. It was explained to us at the time that IT would dub in the sound following the meeting. There were eight people watching the meeting via YouTube. Because they could not hear the meeting, they were not, if they wanted to, able to make any citizen comments. I went to the Seward Journal so that the public would have our side of the story since they were not able to hear the bulk of the meeting. In the future, if the audio is not working during the meeting, the meeting should end until or unless the audio can be corrected for that meeting. Otherwise, it should be rescheduled to another date. I believe Robert's Rules require an open forum before the public whenever aboard or commission has apublic meeting. Ah, bulletpoint two. During commissioner comments, I will be re -reading my statement into the public record regarding the unauthorized solicitation of funds since there was no audio at the special meeting on 2/10/22. Bullet three. The annual CLG report for 2021 has been submitted 3/3/22 to SHPO and there is a copy on file at the library or online. I also have a copy with me should anyone want to quickly review it. We also received an email reply from Maria Lewis from SHPO acknowledging its receipt and a suggestion that we attend a CLG training meeting on June 30th, 2022 at 1:30 to three o'clock. Each of you received this email and my reply as a laydown. I would like to thank Commissioner Benoit for her invaluable help in writing the resolution we will be voting on tonight to keep the donors' monies for the purchase of historic walking tour maps. This resolution is the result of the 2/10/2022 special meeting regarding the solicitation of unauthorized funds. Bullet four. I received an email from Doreen Lorenz regarding the state's correction of Benny Benson's age when he won the Alaska flag contest. It was thought and reported that he was 13 when in fact he was 14 years old. A little piece of knowledge before we go about putting our history together for our signage for the, for the Jesse Lee memorial. I hope. Special meeting notice. On Monday, March 14, 2022, this coming Monday. At 6:15 there is going to be a meeting of the committee of the whole Jesse Lee Home site. I plan on being there and I invite any of my other commissioners to join me if they're able. We know that Commissioner LeMaster will be in Italy, so he'll not be able. My guess is that where we're at is still dealing with the ground in removal of asbestos before we can do anything regarding any park or memorial. But that's a guess. I plan on being there so that I'm abreast or we're abreast of where we're at in the process. Uh, next bullet. I would like to save staff time and printing costs of providing our commission with printed packets for each meeting. If you do not wish to receive a paper copy of our packet, please let Kris Peck know so that there are, we are not wasting valuable resources. Examples of this include the Land Use table, standards and guidelines of the historic preservation if staff has made no edits between meetings, and the 2/17 Seward Historic Preservation Plan. Thanks. Final bullet. My term on this commission is up in May. At the Monday 2/28/22 council meeting, Planning & Zoning commissioners were named for the open spots. They voted out Tom Swann and Gary Seese who are two seasoned and experienced commissioners, and appointed two new commissioners, leaving one seat open. I don't even know how they could leave one seat open when they had two applications, regardless of why they voted Tom and Gary off the commission. In light of this, I am wondering if the same fate awaits me. If so, be thinking of who you want to be your chair. Vice Chair Ward has too much personal life happening to take on the role of chair. It is my City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page hope that this does not happen, but depending on how the council votes on our three resolutions, I may conclude that I am a lightning rod for this commission, meaning that decisions made by the council regarding this commission may go against it because of me. I am sure that my article of our defense of the solicitation of unauthorized funds in the Seward Journal ruffled some feathers. As I don't understand the reasoning for removing Tom and Gary from the Planning & Zoning Commission, I am leery of what is in store for me. in all honesty, my position has become very draining due to the politics of serving the city and the public, combined with the amount of work that I do behind the scenes. That completes the chair report." Other Reports and Announcements Report on Historic Preservation Facebook Page. Benoit reviewed the page activity. Update on Certified Local Government (CLG) Grant 20005. Benoit reported there were still three signs that needed to be installed. Update on USSAlaska project. LeMaster said the organizers of the project were working with R&M Consulting, and Waino Salo would be in Seward in late June. Ward wondered if they could be invited to the June meeting. LeMaster said he would invite them. Presentations — None NEW BUSINESS Resolutions Resolution 2022-003, A Resolution Of The Seward Historic Preservation Commission Of The City Of Seward, Alaska, Requesting City Council Authorization To Retain And Appropriate Private Donations To CLG Grant #20005 "Seward Historical Tour: Public Education Signage" For The Purpose Of Purchasing Additional Walking Tour Maps. Motion (Benoit/LeMaster) Motion Passed Other New Business Items Approve Resolution 2022-003 Unanimous Approve the February 10, 2022 Special Meeting Minutes. Motion (Benoit/LeMaster) Approve the February 10, 2022 Special Meeting Minutes. 323 City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page Benoit did not agree with the clerk's recording of her comments, and requested to have them recorded verbatim. The city clerk agreed to edit the minutes and bring them back at the next meeting for approval. By unanimous consent, the commission postponed the February 10, 2022 special meeting minutes to April 14, 2022. Discuss annual Certified Local Government (CLG) report to the State Historic Preservation Office (SHPO). Seese said she addressed this in her chair report. Ward stated the commission had been very successful with their grant project. Discuss the Historic Preservation Commission's web page. Seese asked that her phone number on the page be updated because she no longer had a land line. Seese stated the website currently read: "The Historic Preservation Commission is required to meet at least twice each year. Currently, the Commission meets on the second Thursday all year with additional meetings and work sessions scheduled as needed." She asked if it could be updated to read: "The Historic Preservation Commission is required to meet at least twice each year. The current meeting schedule is, on the second Thursday of each month, except for July when they are on hiatus, the commission meets at 6:00 p.m. with a work session followed by a regular meeting." Seese said she wanted to make sure that people understood how much time they were committing to if they joined the commission. Discuss updating the Historic Inventory list and consider creating a committee. Seese stated she was the sole person responsible for this and it was too much work for one person. She said the commission needed to create an inventory list from 1942 forward because the current one only ran through 1941. City Clerk Brenda Ballou said, before the commission moved forward with creating a committee, she wanted to inform them that at the city council retreat last Saturday, they learned that any committee created by council or a board or commission would be required to follow the Open Meetings Act and would have to publicly notice all of their meetings. Ballou stated this was a learning moment for her, because she had previously understood that committees could meet privately if they were comprised of less than a quorum of the body. Benoit said she had a spreadsheet and could start working on updating it with information she already had on hand; some places didn't even exist anymore. Seese said those locations still needed to stay on the list; the list had to be submitted annually to the Office of Archeology. Seese recalled there were between 165 and 185 properties listed on the current inventory, and she thought if the list 324 City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page was updated with the information that Benoit said she had on hand, that would suffice for this year's report. Benoit said she would look at the information she had on hand. Discuss creating a committee for the Standards and Guidelines. This item was not discussed by the commission. Remind the commission of the joint work session with city council on Tuesday, March 29, 2022 at 5:00 p.m. Seese said all commissioners needed to attend this work session. INFORMATIONAL ITEMS AND REPORTS 2022 Historic Preservation Priorities 2022 Historic Preservation Meeting & Work Session Schedule CITIZEN COMMENTS — None COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Benoit thanked Bob Reisner for informing the commission about Japanese/Jape Creek. Seese re -read her statement from the February 10t' special meeting. (verbatim) "Chair Seese's comments regarding the Seward Historic Preservation Commission CLG Grant 20005 Walking Tour Project, unauthorized solicitation of public funds. To begin with, it boggles my mind that only now is the city attorney and the city condemning any part of our work and progress on this grant. He or they could have directed us at any point throughout the process. In fact, both had a responsibility to do so. Therefore, this special meeting blindsided our commission unfairly and inaccurately. As volunteers, I do not believe it is our responsibility to know city code, with the exception of the code that states what our mission is as the city's Historic Preservation Commission. In addition, how to maintain Robert's Rules in our meetings and outside of our meetings. We began our committee in August of 2020; the deputy city clerk advised us at that time that no more than three commissioners could be on a committee. However, each committee could have as many volunteers as we wanted or needed. On the in kind commission, committee, Commissioner Libbrecht and Commissioner Seese were the commissioners on that committee. At the December 28, 2020 meeting, Commissioner Ward came onto this committee, too. This was updated, okay, so, updated 12/23/2020 by clerk Corrigan the CLG grant 200005 public education signage timeline was included in this work session packet, page two. While no fundraising was mentioned, page three and four was Resolution 2020-079, the city accepting the grant funds. Again, direction from the clerk's office, our administrator, or the city or the city attorney could have been given to our commission regarding fundraising from the public for this project. Also in this packet, State of Alaska grant agreement historic preservation fund program — CFDA No.15.904. our commission operated within the confines of SHPO's grant requirements and City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page directions. On page six of this packet was included Seward Historic Preservation Commission agenda statement, including a breakdown of all budget items signed by the Seward finance department on page eight. Again, the administration's directions for fundraising could have been offered to the commission at this time. Throughout the entire process of the commission's work on the grant, each committee reported and brought before the entire commission what and how the committees were progressing on their work toward achieving the grant's intent, especially including the in kind committee's efforts and results. Throughout the years of meetings, each step of the grant's progress was open before the commission and the public. As we received direction from Valarie Kingsland, director at the time, and the clerks, we operated compliantly from their input. This commission was never given direction on the proper process of fundraising. In February, in the February 11, 2021 regular meeting packet, each committee, page 28, and their members were finalized. Again, no direction was given on the correct process of collecting in kind donations which our commission believed included monetary donations. A correction to this understanding was never forthcoming at any meeting until after the fact. At the May 17, 2021 work session, on page three, was an update on the budget. On page six, under committees, was time to start working on some fundraising. Again, no direction on the correct process for this was given. Prior to the direction from deputy clerk Stallard, Commissioner Ward and Iris Darling, as commissioner and volunteer on the in kind fundraising committee, solicited donations from the public in keeping with the grant's original foreshadowing of the need to raise monetary donations. These efforts were in keeping with the rules of the committees. At the August 12, 2021 special meeting, in our packets were the June 21, 2021 minutes; page 27, discuss fundraising efforts. We discussed the grant's progress to include the commission's fundraising results, as well as a complete breakdown of where we were at to include an overall review of the goals of the grant. Commissioner Libbrecht filled everyone in on the production of the signs, posts, and their placements, as well as costs. He explained, using actual costs written into the grant's budget on the original application, the expenses expended, in kind donations, to include over 3,000 commissioner volunteer hours and the target amount of fundraising needed to be somewhere between $3,000 and $5,000. He happily reported that we received $7,200 in monetary donations. He also took the opportunity to thank the donors for their generous contributions to the Seward historical sign project. He stated that each check was made out to the City of Seward, as advised by Naneth Ambrosiani, forgive me for mispronouncing your name. Thank you letters and acknowledgements of the monetary contributions were then sent out to the donors. At this point, our commun- commission moved on believing that we had accomplished what the city wanted regarding fundraised donations. This, too, would have and should have been the time that the city attorney weighed in to advise the commission of any missteps. Following Commissioner Libbrecht's reporting, deputy clerk Stallard advised that any future fundraising be publicly noticed beforehand. A motion was then made at this meeting by Ward/Pemberton to clarify and rename Grants and In Kind Committee to Grants, In Kind, and Fundraising Committee. We were never advised fundraising should have been added to the name of this committee. This motion passed unanimously. Another motion was made by Seese/Ward was made following the one above. Approve the fundraising letter that went out on June 4, 2021. Discussion, led by Seese, followed that any future letters would be signed by a commissioner. The rest of the fundraising committee had requested funds for the historic walking tour. Ward then commented that she would clarify the intention of the donations received. This motion also passed unanimously. We completed our CLG grant progress on time and under budget. SHPO was so happy with our work and our professional process that, upon completion, immediately encouraged us to apply for our next grant. We declined because we had put off the need «zy City of Seward, Alaska Historic Preservation Commission Meeting Minutes March 10, 2022 Volume 3, Page to work on the historic overlay project. Now, five months later, to be called for a special meeting stating that we collected unauthorized solicitation of public funds is disappointing and untrue. Whether or not we accept the city's recommendations beyond this is still to be determined at Friday's February 10, 2022 special meeting. Respectfully, Cheryl Seese." Seese added that in her research, she found in HP's meeting packet dated June 21, clerk Stallard did include the proper process of fundraising, but June 21 was well after the fact. Fundraising happened mid -May to early June. ADJOURNMENT The meeting was adjourned at 8:55 p.m. Brenda Ballou, MMC City Clerk (City Seal) Cheryl Seese Chair 'MA From: Lewis, Maria A (DNR) To: Brenda Ballou Cc: Rinasmuth, Katie J (DNR) Subject: FW: Question about In Kind Donations Date: Friday, February 18, 2022 1:29:25 PM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Brenda, According to the Historic Preservation Fund Grants Manual, which provides the guidance for CLG grants, "In -kind contributions" are defined as follows: Section 14.B.2: In -kind Contributions. In -kind contributions represent the value of noncosh contributions provided by the grantee or nonfederal third parties. In -kind contributions may consist of charges for real property, nonexpendoble personal property, and the value of goods and services directly benefiting and specifically identifiable to approved objectives of the grant -supported program. Section 14.D.2. In -kind contributions must be fairly valued and must be of such nature that, if the Federal shore hod been used to pay for the contribution, the grantee would hove incurred on allowable cost. In -kind contributions ore eligible only to the extent that they represent actual necessary costs for which Federal funds could be applied for project or program objectives. Any grant funds applied in excess of actual cost would constitute on unallowable profit to the grantee or subgrontee. There are other sections in that manual that refer to the applicability of in -kind contributions. Let me know if you need further clarification or have other questions. Best, Maria Maria Lewis Architectural Historian Alaska State Historic Preservation Office Office of History & Archaeology 550 West 7th Avenue, Suite 1310 Anchorage, AK 99501-3561 Direct: 907-269-8717 maria.lewisCcDalaska.gov http://dnr.alaska.gov/parks/oha From: Brenda Ballou <bballou(@cityofseward.net> Sent: Thursday, February 17, 2022 2:57 PM To: OHA Public Comments (DNR sponsored) <dnr.oha(@alaska.gov> 328 Subject: Question about In Kind Donations You don't often get email from bballou(a)cityofseward.net. Learn why this is important CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Can you please provide me the definition or parameters for how SHPO approaches In Kind Donations? Specifically in relation to a CLG grant. We seem to be having some confusion about what is included and not included, and I'm hoping to get clarification from the experts. Thanks, Brenda 13REN-DA J. BALLOU, MMC (SHE/HER) RESIDENTALASKA ASSOCIATION OF MUNICIPAL CLERKS PUBLIC INFOKMATION OFFICER NOTARY PUBLIC PHONE (907) 224-4045 CITY OF SEWARD M iT TAm 6 ro,Ah P,mliep� InteEnty Tenacity To Be A CLERK W4 Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2022-OXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING CITY COUNCIL AUTHORIZATION TO RETAIN AND APPROPRIATE PRIVATE DONATIONS TO CLG GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" FOR THE PURPOSE OF PURCHASING ADDITIONAL WALKING TOUR MAPS WHEREAS, the FY2020 HPF-CLG grant funding is to increase public awareness of historic preservation (Resolution 2020-079); and WHEREAS, one assigned SHPC power and duty is to work toward the continuing education of citizens regarding local historic preservation and community history (Ord 94- 042.30.425), (Resolution 2020-079); and WHEREAS, SHPC and staff submitted a HPF-CLG Grant application on January 27, 2020 to create physical public educational signage for a Seward historical tour (Resolution 2020-079); and WHEREAS, the HPF-CLG Grant 920005 project was approved and the grant agreement was received by the City Staff on July 17, 2020 from the State Historic Preservation office 2020 (Resolution 2020-079); and WHEREAS, the City Manager was authorized, on September 14, 2020, to accept and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 HPF-CLG Grant 920005: Seward Historical Tour: Public Education Signage Project 2020 (Resolution 2020-079); and WHEREAS, in the 8/13/2020 SHPC Regular Meeting Packet on page 53, the grant states: "Commissioners will also seek in -kind and funding to support activities beyond the funding requested in this grant. The City anticipates covering some of the overall cost. The rest will come from the grant and private funding." On pages, 9-64 of this packet is the complete grant for reference; and WHEREAS, the SHPC, anticipating a need for additional funding to pay for signs and maps, and in accordance with the grant, and after extensive public meetings and work sessions outlining our intent to do so, SHPC sought public donations, in late May through mid -June 2021, to complete the project. Public donations totaling $7,200 were received by check, made out to the City of Seward; and WHEREAS, the SHPC completed the grant's requirements on time (September 30, 2021) and under budget, due to the thousands of volunteer hours donated by commissioners and '4xi11 CITY OF SEWARD, ALASKA RESOLUTION 2022-OXX donations of time and material by the contractor; and WHEREAS, the City Manager, Janette Bower, called a Special Meeting February 10, 2022, titled: "Historic Preservation Commission, CLG Grant 9200005-Walking Tour Project, Unauthorized Solicitation Of Public Funds."; and WHEREAS, the SHPC was informed at this time that Seward City Code 2.30.425 (b) states, "The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council."; and WHEREAS, the Seward Historic Preservation Commission did not "expend or commit any city funds." Direction from staff on proper fund raising came after the fact, though staff observed every discussion of fund raising openly in many meetings; and WHEREAS, the City recommended that the Historic Preservation Commission vote to either return these funds with a letter to donors explaining why the donation was being returned, OR draft a resolution to the City Council requesting that the Council allow the commission to keep and use the funds; and WHEREAS, the citizens donated because they wanted to contribute to preserving and sharing Seward's history through the project. The donors expected that their funds were to be used to create signs and maps. Funds received were not all solicited but given freely; and WHEREAS, by unanimous vote the Seward Historic Preservation Commission chose to keep and use the funds for the purchase of additional Seward Historic Walking Tour Maps; which was part of the goals of the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes the Seward Historic Preservation Commission to keep the public donations received in June, 2021 in the amount of $7,200 for the purchase of additional Seward's Historic Walking Tour Maps to be placed at the Chamber of Commerce and local businesses around Seward and beyond Section 2. The funds shall be appropriated to Account No. xxxxxxxxx Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1Ith day of April, 2022. ,Ml CITY OF SEWARD, ALASKA RESOLUTION 2022-OXX AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor MYa MEMORANDUM . csf s� ' ,y ` ,'4LASr�P Meeting Date: April 25, 2022 From: Kris Peck, Deputy City Clerk Agenda Item: Verifying Timely Receipt of Annual Financial Disclosure Forms This memo is to inform you that all Financial Disclosure forms for City Council, the Planning and Zoning Commission, and the City Manager were received by the city clerk's office in a timely manner. The Financial Disclosure Forms cover the calendar year from January 1 - December 31, 2021. The City Clerk's office maintains the original forms on file for six (6) years, per the city's records retention schedule. The forms received included: Cily Manager Seward City Council Janette Bower Christy Terry, Mayor Sue McClure, Vice Mayor John Osenga Liz Demoss Ristine Casagranda Mike Calhoon Randy Wells Seward Planning and Zoning Commission Clare Sullivan, Chair Vanessa Verhey, Vice Chair Nathaniel Charbonneau Victoria Monaco Brenan Hornseth Troy Staggs Vacant (1) 333 Memorandum Date: April 25, 2022 From: Brenda Ballou, City Clerk RE: City Clerk's Travel Report From April 5-7, 2022, I had the pleasure of attending the City Clerks Association of California (CCAC) Annual Conference as an "honored guest" in my role of President for the Alaska Association of Municipal Clerks (AAMC). The conference was held in Burlingame, California; there were approximately 180 attendees (down a bit from their usual 300). I arrived on Tuesday in time to attend the Honored Guests Dinner, which included the CCAC executive board, IIMC Region 9 directors, and the presidents from the Washington Municipal Clerks Association (WMCA) and the Oregon Association of Municipal Recorders (OAMR). Wednesday kicked off with the opening ceremonies and the general session. The keynote speaker delivered a session about change management, and focused on key milestones for managers to hit when they are introducing or managing their team through change. I found this session especially helpful because the day before I left to travel, I received official notice that the AAMC and AML conferences would be moving to a new location this year, and would have new schedules; rather than meeting the week before Thanksgiving at the Captain Cook Hotel, the conferences will be held the first week of December at the Dena'ina Center. The evening was filled with an all - conference trivia challenge. Needless to say, my team didn't fare too well — we needed to have a couple of younger clerks in our group! Thursday was filled with a variety of classes, including a good sharing session about meeting in the COVID world. Clerks from across the state shared their strategies and pros & cons for meeting in person, in a hybrid environment, and fully remote. California is still in transition out of COVID, so it really depends on where you're located for what type of meeting you have. During the evening, I delivered my speech to update everyone on AAMC issues; I discussed the change in venue and dates of our annual conference, and I also shared that AAMC is currently conducting research relating to elected versus appointed clerks and is expected to take a position within the next month or so. Next month, I will be attending the International Institute of Municipal Clerks (IIMC) Conference in Little Rock, Arkansas where I will have the honor of carrying the state flag during the opening ceremonies. And, Valdez City Clerk Sheri Pierce is the current IIMC President, so this will be her conference which makes it extra special. 334 May 2022 May June 22 a Th e Th SuMo TuWFr Sa SuMo TuWTh Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 1 2 3 4 5 6 7 7:00pm P&Z Mtg 12:00pm PACAB (Regular Mtg (last Meeting) meeting _befo re_h i.atu.) 8 9 10 11 12 13 14 7:00pm CC Mtg 6:00pm HPC (Council Work Session Chambers) (Council �_ ha....m......b..e...rs_a...................... _._._._.. 7:00pm HPC Regular Meeting (Council 15 16 17 18 19 20 21 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council (Chambers) Chambers) 22 23 24 25 26 27 28 7:00pm CC Mtg ....... hamb..ers) 29 30 31 Jun 1 2 3 4 IHOLIDAY (Memorial Day) Council Calendar 1 4/19/2022 5:00 PM 22 SuMo TuWFr Sa SuMo TuWTh Fr Sa June 2022 June e Th July e Th 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 2223 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 29 30 31 Jun 1 2 3 4 5 6 7 8 9 10 11 7:OOpm P&Z Mtg 6:OOpm HPC (Regular Work Session Meeting) (Council .1 a.m..b.e...rs_a...................... _._._._.. 7:OOpm HPC Regular Meeting (Council .ham r 12 13 14 15 16 17 18 7:OOpm CC Mtg (Council Chambers) 19 20 21 22 23 24 25 6:OOpm P&Z Work Session (Council Chambers) 26 27 28 29 30 Jul 1 2 7:OOpm CC Mtg _. �Chambersl_. Council Calendar 2 4/19/2022 5:00 PM July 202 SuMo July August TuWa Th Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 1011 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 9 FF—HOLIDAY 7:00pm P&Z Mtg (Regular Meetin 10 11 12 13 14 15 16 7:00pm CC Mtg^ (Council Chambers 17 18 1tChamFbers 20 21 22 23 24 25 26 27 28 29 30 7:00pm CC Mtg Cham bers 31 Aug 1 2 3 4 5 6 Council Calendar 1 4/21/2022 1:02 PM