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HomeMy WebLinkAbout09282009 City Council PacketSeward City Council Agenda Packet OCTOBER City of Seward and Kenai Peninsula Borough Election Day is Tuesday, October 6, 2009 Get out and VOTE!!! September 28, 2009 City Council Chambers Beginning at 7:00 P.M. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA All -America City {Please silence all cellular phones and pagers during the meeting} Note NEW time! September 28, 2009 7:00 p.m. Council Chambers Clark Corbridge Mayor Term Expires 2009 Willard E. Dunham Vice Mayor Term Expires 2010 Robert Valdatta Council Member Term Expires 2009 Tom Smith Council Member Term Expires 2009 Betsy Kellar Council Member Term Expires 2009 Jean Bardarson Council Member Term Expires 2010 Marianna Kell Council Member Term Expires 2010 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney City of Seward, Alaska September 28, 2009 1. 2. 3. 4. 4 6. 17. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' 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 2 minutes per speaker and 30 minutes total time for this agenda item.] APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Chamber of Commerce Report F. Other Reports, Announcements and presentations. 1. Alaska Coastal Communities Global Climate Change Compact byAlan Parks......................................................... Pg. 4 2. PACAB report by Chair, Ron Long. 3. Seward Senior Center PUBLIC HEARINGS IA. Ordinances requiring a public hearing 1. Ordinance 2009-007, Amending City Zoning Map By Rezoning Lots 25 And 26a, Block 12, Original Townsite Of Seward From Single Family Residential (R1) To Urban Residential (UR) Located On The West Side Of Brownell Street And North Of Washington Street At 208 And 210 Brownell Street.............................................................................. Pg.27 8. UNFINISHED BUSINESS - None Council Agenda Page I 9. NEW BUSINESS A. Resolutions 1. Resolution 2009-089 Stating An Intent To Fund $4,060,000 For The North Seward Water Storage Tank & Pumping Facility Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Drinking Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Drinking Water Fund With Payments Subject To Bi-Annual Appropriation................................Pg. 37 2. Resolution 2009-090, Authorizing An Additional Fifty Thousand Dollars ($50,000) As A Potential Contingency For Unit Company's Contract To Construct Seward Mountain HavenLong Term Care Facility...................................................................................................... Pg. 39 3. Resolution 2009-091, Authorizing The City Manager To Enter Into A Contract With Rise Alaska, LLC (Rise) For Professional Project Management Services Through Schematic Design Of A New Co -Located Library Museum Facility And To Appropriate Funding Not -To -Exceed Thirty Six Thousand Seven Hundred And Ten Dollars ($36,710). ... .Pg. 41 4 .Resolution 2009-092 Authorizing A Memorandum Of Agreement With The Alaska Railroad Corporation For The Purpose Of Utilizing A State Legislative Grant To Dredge The Approach And Berthing Basins Of The Alaska Railroad Dock To Accommodate CruiseShips.............................................................................................................Pg. 53 5. Resolution 2009-0931 Accepting The Department Of Commerce, Community And Economic Development Division Of Community And Regional Affairs Fy 2010 Designated Legislative Grant For Dredging Cruise Ship Basins And Approaches And AppropriatingFunds.............................................................................Pg. 62 6. Resolution 2009-094 Amending The Legal Services Agreement Between The City Of Seward And The Law Firm Wohlforth, Johnson, Brecht, Cartledge And Brooking .... Pg. 85 B. Other New Business Items *I Approval Of The September 14, 2009 Regular City Council Meeting Minutes..Pg. 89 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Financials for Providence Seward Medical Center as of July 2009...............Pg. 96 B. Two resolutions approved by the Port & Commerce Advisory Board for review. Resolution 2009-007 Recommending the City Council Authorize and implement necessary improvements for the pedestrian corridor between the cruise ship dock, Railroad terminal, and small boat harbor area .......................................... Pg. 99 Resolution 2009-008, Recommending the City Council authorize and implement a transportation plan utilizing state cruise passenger tax receipts to provide passenger access between the cruise dock, business districts and the Alaska Sealife CenterPg. 101 C. Memo on Chugach Electric rate increase ............................................ Pg. 103 City of Seward, Alaska Council Agenda September 28, 2009 Page 2 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda September 28, 2009 Page 3 2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating. The daily uptake of over 22 million tons of carbon dioxide into the ocean is causing ocean acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect marine organisms, food webs, biodiversity and fisheries. 3. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been described as `ground zero" for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities. 4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate climate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. 5. There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. Page 1 6. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7. For the well-being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources. We hereby express support for the following policies, actions and initiatives: 1. At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050. 2. Reengage at the national level in the international process of dealing effectively with global climate change. 3. At the national and state levels, enact legislation and fund initiatives that will dramatically increase energy efficiency and the production of renewable energy. 4. Utilize a significant portion of the proceeds from national cap -and -trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will: • develop renewable energy resources • improve energy efficiency in buildings, transportation, etc., in all sectors of the economy • increase public knowledge of issues related to greenhouse gas emissions • create a skilled workforce for a new clean -energy economy • help vulnerable communities adapt to unavoidable climate -related impacts • protect or rebuild infrastructure that is threatened by climate impacts • enhance research in the area of ocean acidification • enhance research in the areas of energy efficiency and renewable energy. We further express our commitment to: 1. network with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2. encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to unavoidable changes; 3. make wise and effective use of resources provided by the state and federal governments for such actions; and 4. support community efforts to educate the public on these issues. Signatories: City and Borough of Sitka City of Homer City of Petersburg City of Dillingham City of Gustavus Kenai Peninsula Borough 5 Alaska Coastal Communities Global Climate Change Compact, page 2 Al ask t tit trine, Conservation Council Oceans play an essential role in regulating the earth's climate by absorbing carbon dioxide (CO2) from the atmosphere. Since the start of the industrial revolution, the oceans have absorbed a total of 525 billion tons of CO2, including about one-third of all human - generated CO2 (CNRS 2008). As CO2 dissolves in seawater, it acts to make the water more acidic and hence, corrosive, to many marine organisms. Newly discovered cold water coral in the Ocean acidification has been called Aleutian Islands may already be in danger a sister problem to climate change from acidic waters. Photo: MarkAmend, Research has shown that lowered because it is caused by the same NOAA H I human -caused production of large amounts of CO2. Its impacts are additional to, and may exacerbate, the effects of climate change. How does Ocean Acidification work? The importance of pH A measure of the acidity of water, the pH scale ranges from 1-14, with 1 being the most acidic. Today's surface ocean water is slightly alkaline, with a pH ranging from 7.5-8.5. As CO2 reacts with wa- ter, it forms carbonic acid, which releases hydrogen ions. Those hydrogen ions lower the pH of the sur- rounding waters. The average pH of the global oceans has already dropped from 8.2 to 8.1 since the industrial revolu- tion. On the pH scale, this seemingly small change of 0.1 indicates an increase of 30% in acidity. If global CO2 emissions continue on current trends, then by the end of the century the oceans will see a pH drop of 0.4, a 150% increase in acidity. Why does acidification matter? Ecosystem impact Due to increased acidity, less cal- cium carbonate is available for ma- rine organisms to use in making calcified shells. Current predictions indicate that the pH of the oceans will drop by 0.4 by the end of the century, which would decrease the calcium carbonate available by 50% (ESF 2008). It would also create a more acidic ocean envi- ronment than the world has had in the past 20 million years. ocean p wi I affect the processes by which animals such as corals, mollusks and crustaceans make their support struc- tures; thus, increasing acidity threatens their sur- vival. Pteropods are small planktonic mollusks that are at the bottom of the food chain, and they will be one of the first casualties of increasing acidity in Alaska's marine waters. In recent experiments ex- posing live ptero- pods to the condi- tions predicted by "business -as - usual" carbon emission scenar- ios, the pteropod shells showed evi- dence of dissolu- tion and damage within only 48 hours. Pteropods are a kev food source for salmon and other species. A pteropod planktonic mollusk, depend- ent on calcium carbonate. Photo: NOAA In addition to pteropods, marine organisms at risk from increasing acidification include the corals and coralline algae commonly found in reef communities. Cold water coral communities along the Aleutian Islands form important fish habitat. Foraminifera and coccolithophores, planktons abundant in most surface waters, are also at risk. Coastal economic effects Though hardly any economic impact assessments for ocean acidification exist, the high threat to ma- rine ecosystems posed by acidification indicates that fisheries and the coastal economies that depend on them may be severely impacted. Acidification alters the chemical balance of the oceans, and in doing so undermines the foundations to a variety of food -webs. (Continued on back) Some commercial species like clams and crabs will be directly impacted by reductions in cal- cium carbonate. Others, like most fish populations, will be affected indirectly as acidifica- tion impacts their key prey spe- cies. Do regional differences af- fect acidification? Polar and sub -polar oceans will be impacted first Currently, the oceans' surface water layers have sufficient amounts of calcium car- bonate for organisms to use (known as saturated conditions). This calcium carbonate rich layer is deeper in warmer regions and closer to the surface in colder regions. Because calcium carbonate is less stable in colder waters, marine life in the polar oceans will be affected by calcium carbonate loss first. A study published in Nature by 27 U.S. and international scientists stated, "Some polar and sub- polar waters will become under -saturated [at twice the pre -industrial level of CO2, 560 ppm], probably within the next 50 years" (Orr et al. 2005). Under - saturated refers to conditions in which the seawater has some calcium carbonate remaining, but it does not have enough available for the organisms to build strong shells. How is acidification linked to climate change? The changes in ocean chemistry described will re- duce the ocean's ability to absorb CO2 (acting as a carbon "sink") from the atmosphere. Researchers at the University of East Anglia have shown that the North Atlantic is currently slowing its uptake of CO2, reducing the sink by greater than 50% since 1995. Though variation in the Northern Atlantic Oscillation is attributed as the primary cause, the problem is exacerbated by the high inorganic carbon levels in the ocean (Schuster et al. 2007). Although the ocean is an important carbon sink, it is not an infi- nite one. When the oceans can no longer take one- third of the human produced CO2 out of the atmos- phere, more greenhouse gases will remain in the atmosphere, accelerating the warming trend. How do we deal with Ocean Acidification? Reduce emissions now The risk of irreversible ecosystem change needs to spur initiatives to end human dependence on fossil fuels. Thus, political will, personal change in energy uses, and large-scale investment in clean -energy technologies are essential if we are to avoid any of the damaging effects of ocean acidification (Guinotte et al. 2008). Red king crabs are crustaceans that use calcium carbonate to strengthen their shells. Photo: NOAA What's the big picture? Ocean acidification is likely to alter the biodiversity of the world's marine ecosystems and may affect the total productivity of the oceans. Previously it was thought that these changes would take centuries, but new findings indicate that an increas- ingly acidic environment could cause problems in high -latitude marine ecosystems within just a few decades. The effects of in- creasing acidity on the oceans will last for thousands of years, since the oceans cycle very slowly. Further reading: The March 2006 edition of Scientific American magazine has an article, The Dangers of Ocean Acidification," by Scott Doney, one of the authors of the study published in Nature. Elizabeth Kolbert wrote an article for The New Yorker, November 20, 2006 about ocean acidifica- tion entitled "The Darkening Sea: What carbon emissions are doing to the ocean." References: 1. CNRS (2008, May 29). Ocean Acidification And Its Impact On Ecosystems. ScienceDaily. 2. European Science Foundation (2008, May 24). Ocean Acidification: Another Undesired Side Effect Of Fossil Fuel -burning. ScienceDaily. 3. Feely et al. Impact of anthropogenic CO2 on CaCO3 system in the oceans." Science 305: 362-366. June 16, 2004 4. Guinotte et al. "Ocean acidification and its potential impact on marine ecosystems." The Year in Ecology and Conservation Biology 2008. Vol 1134. June 2008. 5. Kleypas et al. "Impacts of ocean acidification on coral reefs and other marine calcifiers: a guide for further research." Report of a workshop held April 18-20, 2005 6. Orr et al. "Anthropogenic ocean acidification over the twenty-first century and its impact on calcifying or- ganisms." Nature 437: 681-686 SEP 29 2005 7. Schuster et al. "A variable and decreasing sink for atmospheric CO2 in the North Atlantic." J. Geophys. Res., 112. 2007 Updated June 2008 Alaska Marine Conservation Council PO Box 101145, Anchorage, AK 99510 (907) 277-5357; 277-5975 (Fax) amcc@akmarine.org www.akmarine.org P� BACKGROUND INFORMATION ON CLIMATE CHANGE INTRODUCTION The overall purpose of this paper is to provide readers with background information relating to the need for immediate action at the local/state/federal levels to combat global climate change. A scientific consensus based on an overwhelming body of evidence concludes: Global climate change is happening, it is caused in large part by human activities, and unless urgent action is taken at the levels of local communities and state/federal government to both mitigate and adapt to it, people and our environment will experience serious and damaging effects in the decades and centuries ahead. Importantly, the consequences of global climate change to Alaska and other high latitude places are likely to be severe and irreversible unless immediate action is taken to combat global climate change. The remainder of this section describes 1) the scientific consensus about global climate change, including what is known for state and local levels; 2) examples of various global, regional/state, and local initiatives to combat global climate change; 3) public policy reasons for taking urgent action to combat global climate change; 4) ethical reasons for taking urgent action to combat global climate change; and 5) the need for AMCC's BOD and members to engage in constructive advocacy with other Alaska communities and with state/federal governments to combat global climate change. SCIENTIFIC CONSENSUS ABOUT CLIMATE CHANGE Due largely to human activities such as the combustion of fossil fuels primarily and secondarily to changes in land use, humans are changing the global climate system. The reason is because these activities result in emissions of gases such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (NO2) into the earth's atmosphere that alter the balance of heat stored in the earth - atmosphere. Most visible sunlight passes through the earth's atmosphere without being absorbed by it and, hence, warms the earth's surface. The earth's surface emits infrared radiation (heat energy) back to the atmosphere, some of which is absorbed by the aforementioned gases and some is reradiated back into space. The gases that absorb heat energy in the atmosphere that has been reradiated from the earth's surface are known as "greenhouse" gases because their buildup in the atmosphere causes changes of the earth -atmosphere system. In turn, these changes cause adverse impacts to natural environments, natural resources on which humans depend, and human health and welfare. Because of the huge amount of carbon dioxide that humans have emitted into the earth's atmosphere, it is considered to be responsible for most of the observed human -induced warming of the earth -atmosphere system, followed by methane as the second greatest contributor to warming. The basic processes leading to global climate change from increased atmospheric concentrations of greenhouse gases are shown below. 0 • Atmospheric concentrations of greenhouse gases are at a level unprecedented during the past 700,000 years. Current atmospheric levels of carbon dioxide are around 387 or more parts per million (ppm) compared to an historical high over the past 700,000 years of around 310 ppm, with a norm of around 26o ppm. The atmospheric concentration of carbon dioxide has increased 31 percent since 1750 (Industrial Revolution) and has not been exceeded during the past 700,000 years and likely not during the past 20 million years. Because of the heat trapping capacity of greenhouse gases, the earth -atmosphere system likely is as warm as it ever has been during this 700,000-year period. As will be discussed, this build-up of greenhouse gases is causing and will continue to cause serious damage to natural environments, natural resources on which humans depend, human health, and economic welfare. By the end of the 1970s most scientific studies indicated that global climate change would likely be dominated by human -induced greenhouse gases accumulating in the earth -atmosphere system from around 175o and onwards —primarily from fossil fuel combustion and secondarily from deforestation. In 1991, the conclusion of the world's most expert body on climate change, the Intergovernmental Panel on Climate Change (IPCC), was "A clear scientific consensus has emerged in the 21St Century that the world's climate is changing." The IPCC's "Second Assessment Report" was issued in 1995, and contained the conclusion that a "balance of the evidence on climate change showed a discernable human influence on climate." In 2001, the IPCC's third assessment report was released, and made specific predictions about how human actions would change the global climate and how climate change would affect human health and the environment. The third assessment confirmed and expanded upon previous IPCC reports and concluded that there was additional evidence that human -induced climate change had already become noticeable around the world. In the spring of 2007, the IPCC's fourth assessment (AR4) was released and concluded with a confidence greater than 90 percent that human activities are the primary cause of the atmospheric build-up of greenhouse gases and its resultant human health and environmental impacts. The AR4 had over 2500 scientific expert reviewers; over 80o contributing authors; over 450 lead authors; and took six years of work. Over 29,000 long-term datasets were reviewed by IPCC, and 89 percent exhibited changes in the direction expected from global warming. In 2005, over 15 of the world's most prestigious national academies of science issued a joint statement wherein they concluded, "There is now strong evidence that significant global warming is occurring... it is likely that most of the warming in recent decades can be attributed to human activities. This warming has already led to changes in the Earth's climate." Subsequently, other nations' academies of sciences have issued the same conclusion. This type of conclusion also has been echoed by numerous studies made by other scientific professional organizations. In fact, there has not been even one major scientific study that has refuted such a conclusion. Further, since 1850 the mean annual temperature of the earth -atmosphere system has increased over 1.2 degrees C; and in the last century the increase has been about 0.74 degrees C, with most of the increase coming during the past 50 years. This temperature increase has been the largest of any century during the past l000 years (and likely longer), possibly exceeding the capabilities of most human societies to adapt to the increase without harm or cost, as well as exceeding the capabilities 41 of many plants and animals to adapt to the increase. Almost all of the temperature increase is attributable to human activities and the increase brings us close to the "2-2.4 degrees C" increase that scientists tell us will likely result in serious and/or irreversible impacts. Global Impacts of Climate Change Some areas and people already are experiencing the impacts of human -induced global climate change. First, there has been a growing increase in desert areas and the spread of severe drought in regions of Africa, Asia, and our own Southwest. Second, annual average river runoff and water availability are increasing at high latitudes and in some wet tropical areas, and decreasing over some dry areas at mid -latitudes and in already water -stressed dry tropical areas. Third, worldwide most ecosystems are experiencing disturbances such as flooding, drought, changes in wildlife, infestations of insects, and ocean acidification. Approximately 20-30 percent of plant and animal species assessed so far are likely at increased risk of extinction if the global average temperature increase exceeds 1.5 -2.5 degrees C. Fourth, there are regional changes in the distribution and productivity of agricultural crops, forestry products, and fisheries. Fifth, low-lying island nations are affected by sea level rise (resulting in emigration of their people), and high -latitude regions are experiencing coastal erosion and increased intensity of storms. Worldwide, millions of people are at risk from even small sea level rise. (Because of their coastal location this has particular relevance for many cities and villages in Alaska.) Sixth, health effects are becoming manifest; e.g., increases in malnutrition with implications for child growth and development; increases in deaths and disease due to heat waves; increases in incidences of diarrheal diseases in developing countries; increases in frequency of respiratory diseases; and increased incidences of tropical diseases spreading northward (e.g., West Nile virus and Dengue fever). We also note that several studies by the United States Department of Defense and other groups concerned with our nation's security have identified global climate change as a threat to national security because of the risks of geopolitical instability and regional wars that could be fought over, say, declining water or other resources or result from so-called "environmental refugees" emigrating from poor nations to other regions in order to escape the impacts of climate change. (Already, relations between some countries in the Middle East are strained because of disputes over declining water availability, and emigration already has occurred from some low -elevation island nations.) Impacts of Global Climate Change to Alaska The recent IPCC AR4 also documents the substantial and disproportionate vulnerability of high latitude regions to the impacts of human -induced global climate change to places such as Alaska. This disproportionate vulnerability stems from the fact that increases in warming are not uniform across the globe: In many arctic and sub -arctic regions (including Alaska), temperatures have increased significantly and disproportionately compared to lower -latitude regions since 185o and are projected to increase even more unless climate change is mitigated. Presently, arctic and sub- arctic regions are warmer than they have been in the past 400 years, and possibly longer, and are projected to increase another 1-3 degrees C by 203o and even more by 21oo. Global climate change models also project an increase of about 25 percent of current precipitation by 2100 for many areas. Despite this increase, increased evaporation due to higher summer temperatures is likely to exceed the effect of projected increases in precipitation such that soil moisture is expected to decrease throughout the state resulting in direct adverse impacts to forests and other terrestrial and aquatic resources. Climate changes already are underway in Alaska and these have impacted people and ecosystems of the state. Unless successful programs for mitigating and adapting to global climate change are implemented, the impacts will become more severe in the future. For example, both the "Impacts of Climate Change in the United States" and the "Alaska Climate Impact Assessment" have identified four key types of significant impacts for Alaska: 1) thawing and melting of ice and permafrost; 2) changes to forests; 3) changes to marine ecosystems; and 4) changes to peoples' health and welfare. Important to note is that climate change impacts are projected to cost Alaska up to $6 billion by 2030 unless climate change mitigation actions are taken. Sea Ice, Thawing of Rivers, Thinning of Glaciers, and Permafrost Alaska has a variable climate ranging from the wet coastal areas to the semi -arid northern slopes. Despite this climatic range, permafrost underlies approximately 85 percent of the state, excepting narrow regions along its southern coast. Thawing of permafrost, retreat and thinning of arctic sea ice (up to a 6o percent reduction since the 196os with a rate of loss of approximately 3.3 percent per decade with a possible loss of all sea ice by 2100), and reduction of the time in which Alaska's rivers are frozen already are underway and projected to continue without urgent and deep cuts in greenhouse gas emissions. The changes in thawing of the permafrost are likely to cause widespread alterations to the lifecycles, habitats, and health of terrestrial and marine ecosystems and species, consequently harming subsistence as well as commercial livelihoods. Thawing of the permafrost already has occurred and is estimated to have caused damages of about $35 million per year. Obviously, the monetary amount of damages will increase without mitigation and adaptation to global climate change. Also important to note is that when permafrost thaws this increases below - ground respiration, resulting in an even greater release of greenhouse gases back to the atmosphere. Loss of arctic sea ice lowers the amount of sunlight that is reflected back into space, thereby exacerbating warming from other causes. In addition, loss of sea ice threatens marine mammals such as polar bears and other species. Forests The threats to Alaska's forests from fire and insect infestations brought about by human -induced climate change have increased in recent years. Spruce trees are experiencing heavy infestations of bark beetles. Future climate changes are likely to increase the stresses to forests with a concomitant large-scale landscape transformation as boreal forests advance into present tundra and mixed forests into boreal forests. Other projected impacts from climate change include an increase in forest fire intensity and frequency and an increase in strong winds resulting in more "blow down" of forest trees. Marine Fisheries and Ecosystems Alaska's marine ecosystems are strongly influenced by changes in global and regional climate. Such changes include altered stream flow, nutrient content, water temperature, increased acidification of ocean waters, and the vertical stability of coastal waters. Unless mitigated by actions to combat global climate change, such changes are projected to bring about large-scale changes in both subsistence and commercial fisheries with concomitant economic impacts. Already, water temperatures in Kenai Peninsula salmon streams are warming consistently above state -assigned levels set to protect spawning and migrating fishes. In addition, the increasing acidification of ocean waters off the coast of Alaska pose serious threats to the food chain on which Alaskan fisheries depend. Other Concerns Based on the aforementioned scientific studies and assessments, other impacts to Alaska from human -induced global climate change include changes in the freshwater balance and storm surge levels; altered flooding of coastal areas and wetlands; impairment of seabird and shorebird breeding; and increased soil erosion and loss of organic materials that will adversely impact agriculture. Possible Beneficial Impacts of Climate Change to Alaska Several possible benefits of global climate change have been identified. These include: 1) enhanced economic activity as additional sea routes become available for longer periods due to melting sea ice; 2) enhanced abundance of salmon near the northern limits of their range; 3) enhanced agricultural production due to warmer temperatures and longer growing seasons; and 4) increased tourism due to more hospitable summer temperatures as compared to those in the Lower 48. However, it is believed that negative impacts of climate change will far outweigh positive impacts, even in northern latitudes. Impacts of Climate Change to Alaska's Coastal Communities Generally speaking, state-of-the-art scientific models can project with a high level of certainty global and regional impacts of global climate change. However, most models currently are limited to projections of approximately 1-5 degrees latitude or longitude. Consequently, it is not possible to project with reasonable scientific certainty the exact impacts to small specific coastal communities. Nevertheless, one can extrapolate from the scientific knowledge of global and state/regional impacts of climate change, which are known with reasonable scientific certainty. For example, most coastal communities will experience the increasing impacts of sea -level to coastal buildings and infrastructure. According to the IPCC, global average sea level rose between 0.1-0.2 meters during the loth century and is projected to rise by o.og-o.88 meters by 21oo due to thermal expansion alone (i.e., warming of ocean waters from increased atmospheric temperature). If the contribution of likely melting of ice from the Greenland ice sheet and/or the West Antarctic ice sheet is taken into account, then sea level rise is projected to be in excess of six meters. Further, most of Alaska's 12 coastal communities are very dependent on the health of its fisheries resources, and as mentioned above such resources are at great risk from the impacts of human -induced global and regional climate change. Climate change is expected to impact local fresh water supplies as a result of increased evaporation and transpiration. Extreme weather events such as the storms of October and November 2002 are likely to become more common. Many coastal communities are surrounded by forests already are impacted by an increase in bark beetle infestations and warmer and drier conditions likely will increase the risk of wildfires in these areas. POLICY CONSIDERATIONS Global Policies In its recent AR4 Report, the IPCC projected globally averaged temperature to increase by 1.4 to 5.8 C degrees by 2100. It should be noted that this temperature increase is "conservative" insofar as IPCC did not consider the consequences of what are called "positive feedbacks" —events or processes that can make future climate changes nonlinear; i.e., increase faster than expected. One example is that as arctic sea ice melts it increases the amount of radiation absorbed from sunlight by the darker ice -free ocean water which then further warms the earth -atmosphere system above and beyond what would be due to the accumulation of greenhouse gases in the atmosphere. Another example of positive feedback is that with accelerating loss of sea ice and increases in permafrost, large levels of methane will be released that will accelerate global warming to a point where no intervention will be able to mitigate it. This fact alone would seem to require urgent action by all levels of government. In part, the actual temperature increase of the earth -atmosphere system will depend on the success of nations' commitments to mitigate greenhouse gas emissions in a timely manner. The IPCC, nations' national academies of sciences, and other scientific organizations generally conclude (with a go percent level of confidence) that if "serious and catastrophic" impacts from human -induced global climate change are to be avoided, then the mean annual temperature of the earth -atmosphere system must not exceed an increase of about 2-2.4 degrees C. In order to avoid such an increase the IPCC concludes that the world must reduce its emissions of greenhouse gases by about 8o percent by the year 205o and that emissions must peak no later than 2015 and then decline afterward. If policy -makers and decision -makers wish to avoid the serious consequences of global climate change, they need to take this conclusion into account. (Interim emissions reductions levels are recommended to be 20 percent by 2020 or 30 percent by 2030.). One of the first global responses to combat climate change was the lgg2 promulgation and subsequent ratification of the United Nations Framework Convention on Climate Change (UNFCCC). With respect to the nations that ratified it, the UNFCCC is a binding international treaty. One of the UNFCCC's major provisions required of nations the "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner." Despite this 1.3 language, the UNFCCC did not impose legally binding targets to limit or reduce greenhouse gas emissions. The United States ratified the UNFCCC in 1992. Historical data for the period 1850-2002 indicates that the United States, with about 5 percent of the world's population, is responsible for about 29 percent of world emissions of carbon dioxide. This compares to the European Union (26 countries) with about 7-8 percent of the world population being responsible for cumulative emissions during 1850-2002 of about 26 percent of total emissions. Following the United States and the European Union is Russia, which is responsible for about 8 percent of cumulative emissions. China, with about 20 percent of the world's population is responsible for about 7.6 percent of historical emissions for 1850-2002.Overall, developed nations of the world, with about 20 percent of the world's population, are responsible for about 76 percent of the historical emissions of carbon dioxide. On an annual basis, the United States is responsible for about 24 percent of total worldwide greenhouse gas emissions. On an annual per capita basis, each person in the United States is responsible for the emission of about 24 tons of carbon dioxide to the atmosphere, which significantly exceeds the annual per capita emissions of any other nation. For purposes of comparison, the per capita annual emissions for "high income" countries is about 12.5 tons of carbon dioxide; the world annual average per capita emission level is about 3.7 tons; and the annual per capita emissions for "low income" countries (most of the world) is about 1 ton. Examples of other nations' annual per capita emissions include: United Kingdom, 9.5; Canada, 14.2; Germany, 9.5; Japan, 9.3; Australia, 18; China, 3.5; India, 1.5. As a point of interest, the average annual level of per capita greenhouse gas emissions for Alaska residents is about four times the United States' per capita average; this amount is expected to double if and when the proposed natural gas project/pipeline in Alaska is developed. Because of the fact that the United States and other developed countries are responsible for a disproportionate amount of the historical and current emissions of greenhouse gases, the UNFCCC also mandated that "developed countries should take the lead in combating climate change and the adverse effects thereof." Importantly, the UNFCCC also adopted the use of the "precautionary principle," wherein nations "should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures." In 1997, the Kyoto Protocol was promulgated to strengthen the UNFCCC by imposing legally - binding targets on developed nations that ratified it to reduce their greenhouse gas emissions by 5-7 percent compared to 1990 levels and to accomplish this by the period 2oo8-2012. (The Kyoto Protocol entered into force in February 2005.) The Kyoto Protocol has been ratified by 172 nations of the world; the only developed nations of the world that have not ratified it are the United States and Australia. The reason the Kyoto Protocol required developed nations to reduce their emissions by 20o8-2012 was because they are disproportionately responsible for the rise in levels of greenhouse gases in the earth -atmosphere system. The Kyoto Protocol expires in 2012 and there always has been the explicit understanding and expectation within the international climate change 14 negotiation framework that in the post -Kyoto regime (i.e., after 2012) new frameworks to limit greenhouse gases would be promulgated and that these would impose obligations to reduce greenhouse gas emissions on countries such as China, India, and other developing nations with large populations and emerging economies. There is an urgency to the United States taking immediate action to combat global climate change because all nations of the world will be meeting this coming December in Copenhagen, Denmark, to begin promulgation of binding greenhouse gas reductions when the Kyoto Protocol expires in 2012; if the United States has not taken significant action to combat global climate change by then there will be little chance of meaningful actions. National/State/Local Community Policies In addition to addressing the provisions of the UNFCCC and the Kyoto Protocol, many nations are taking strong unilateral actions to mitigate global climate change. For example, the European Union (26 member nations) has made a commitment to reduce greenhouse gas emissions by 20 percent by 2020 compared to 1990 levels (and has agreed to reduce emissions by 30 percent if the United States will agree to binding greenhouse gas reduction limits, even if they are less than those of the European Union.) Although it is part of the European Union, the United Kingdom also has made a commitment to reduce greenhouse gas emissions by over 20 percent by 2010. Canada has developed a "National Climate Change Plan" with mandatory market -based programs designed to reduce greenhouse gas emissions 45 metric tons below 2005 levels in the mining, manufacturing, oil, gas, and thermal electricity sectors. Both Brazil and China have ratified the Kyoto Protocol, but because they are developing nations they are not required to reduce greenhouse gas emissions by 2012 (although they will be expected to do so in post-2012 climate change agreements). Nevertheless, both countries have adopted policies that have slowed their greenhouse gas emissions relative to their economic growth through the use of economic reform, improvements in energy efficiency, renewable energy development, changes in land use practices, and afforestation. Despite other nations' commitments to reduce greenhouse gas emissions, under the Bush administration the United States government has failed to take any meaningful actions to do so. In fact, since 1990 the United States' emissions of greenhouse gases have increased 17 percent relative to 1990 levels. (The Obama administration shows signs of tackling global climate change but it is too early to assess or know what its comprehensive approach might be.). In the United States, many states and hundreds of cities are taking action to combat global climate change. For example, over 35 states have prepared or are preparing greenhouse gas emission inventories, and 26 states have initiated greenhouse gas emissions reduction strategies. Although greenhouse gas reduction targets vary between some states, many are setting targets to reduce emissions 20 percent by 2020 compared to 1990 levels. Obviously, the actions of states and cities to combat global climate change stem from the increasing concerns of people about the failure of the United States government to develop and implement successful plans to mitigate greenhouse gas emissions. Not only is the United States the largest historical emitter of greenhouse gas emissions and the largest emitter on a per capita basis, it is the only developed country that is not part of the Kyoto Protocol and that has not established binding limits to reduce greenhouse gas emissions. 15 Although a number of states have adopted climate change initiatives to reduce greenhouse gas emissions, the state of Alaska has done relatively little. In July 2002, the Attorney General of Alaska joined the Chief Legal Officers of California, Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont in a letter to President Bush requesting him to address global climate change through comprehensive national policies on greenhouse gas emissions. Under Governor Murkowski, the state formed the Alaska Climate Impact Assessment Commission to help assess the impacts of climate change, mostly by soliciting testimony from the private and public sector. However, the commission is not mandated to assess greenhouse gas emissions or recommend reductions. Governor Palin has formed a sub -cabinet on climate change that is chaired by the head of the Department of Environmental Conservation but to date it has had few meetings and, importantly, emissions reductions seem not to be emphasized. On the other hand, some local communities in Alaska are developing initiatives to mitigate and adapt to global climate change, including Anchorage, Juneau, Fairbanks, Sitka, Kodiak, and Homer. To our knowledge, no member of Alaska's federal political delegation is on record supporting mandatory reductions in greenhouse gas reductions needed to avoid serious climate change impacts to the state, despite surveys that show that over 8o percent of Alaskans are convinced global climate change is happening; over 70 percent are convinced climate change is a serious threat to the people and environment of Alaska; and over 8o percent favor regulation of greenhouse gases. ETHICAL DIMENSIONS OF CLIMATE CHANGE Often, global climate change is discussed with respect to the relevance of scientific findings for public policy implications. Or, all -too -often discussions focus on the short-term costs of mitigating or adapting to climate change. Further, most economic studies of the costs of climate actions do not include corresponding analyses of the costs of taking no action. When the costs of mitigating and adapting to climate change are compared to the costs of taking no action, the IPCC and other analyses; e.g., the "Stern Report," conclude that the costs of taking action represent a small percentage of Gross Domestic Product (around two percent or less) or, more importantly, result in significant economic savings compared to the costs of not taking action. Concerns about costs are legitimate. With respect to economic costs of actions to mitigate global climate change most studies focus on aggregate costs to national economies; they do not focus on the distribution of benefits and harms and, therefore, tend to ignore costs of climate change imposed on those who will experience disproportionate burdens from climate change. What most people do not recognize is that fundamentally global climate change and how to resolve it raises important but understudied ethical challenges. We argue that concern about the ethics of climate change should be an essential part of all discussions about whether and how to respond. Author Bill McKibben has pondered why many Americans have failed to take action to combat global climate change given the present and future harm it imposes on people and the environment. In an article published in The New York Times, he wrote: "I used to wonder why my parents' generation had been so blind to the wrongness of segregation; they were people of good conscience, so why had inertia ruled so long? Now I think I understand better. It took,the emotional shock of 16 seeing police dogs rip the flesh of protestors for white people to really understand the day-to-day corrosiveness of Jim Crow ... We need that same gut understanding of our environmental situation if we are to take the giant steps we must take soon." Although some might lack the "gut -level" understanding that McKibben says is needed to grasp our environmental situation, Americans do have strong ethical and religious norms that can help inform them about "what is right" in a moral sense. When we use the term "ethics," we mean criteria or norms that can be referred to in order to inform us what is right or wrong morally speaking. We also assume that most people desire to live their lives in an ethical manner. One of the reasons global climate change is an ethical issue is because it raises the problem about the distribution of harms and benefits; this is known as a problem of distributive justice. We now know that climate change is happening and that developed countries, in particular the United States, historically and currently are responsible for a disproportionate share of greenhouse gas emissions relative to developing countries. In obtaining their current standards of living, people from the United States and other developed countries have benefited from their disproportionate consumption of fossil fuels but in so doing have imposed the burdens and costs of adverse impacts on people in poorer developing nations. Further, developed nations are financially and technologically better able to adapt to the adverse impacts of climate change compared to the poorer developing nations. Importantly, the burdens imposed on poorer nations are done so without their consent to be harmed by the actions of developed nations. This violates common standards of decency and ethical conduct because generally speaking most people do not believe that one person has a right to a livelihood if it imposes risks or harm to others who have not given consent to be harmed. In addition, the benefits of using fossil fuels disproportionately accrue to present generations, wherein the burdens from adverse impacts disproportionately are placed on our children, grandchildren, and future generations. Can we truly say we care about our children and grandchildren if this is the case? The problems of distributive justice are not confined to relations between countries. For example, in Alaska some people disproportionately benefit from the consumption of fossil fuels whereas others have disproportionate burdens and costs placed on them. In the absence of state actions to mitigate greenhouse gas emissions and provide financial and technological assistance to those most affected by the adverse impacts of climate change, some Alaska residents are disproportionately affected by the adverse impacts of global climate change and, simply put, this is not fair. One example is the impacts currently experienced by indigenous communities within the state that are experiencing coastal erosion from loss of protective sea ice and increased intensity of storms, problems stemming from thawing of permafrost, and loss of subsistence hunting due to reduced sea ice. In addition, subsistence and commercial fisher people are likely to experience greater hardships from adverse impacts of global climate change relative to others who benefit from the use of fossil fuels. Related to the role of secular ethics in global climate change is the involvement of religious communities. Increasingly, religious communities are making linkages between their teachings and 17 religious perspectives that provide orientations for greater valuing of individual and cultural life that extend beyond mere economic and material consumptive valuing. In 2001, the United States Conference of Catholic Bishops noted that many of the greatest victims of climate change are likely to be the poor and that a religious duty exists to remedy the burden of the victims. Statements by H.H. Ecumenical Patriarch Batholomew, David Hallman of the World Council of Churches, the Church of the Brethren, the Coalition on the Environment and Jewish Life, and the National Interfaith Training on Global Warming have made powerful arguments for the United States federal government, state governments, and local communities to take serious action to combat global climate change as a matter of religious duty and obligation. Another way religious organizations are influencing the shaping of climate change policy is through the organization of educational and outreach campaigns. The Coalition on the Environment and Jewish Life has aided in the organization of the Interfaith Climate and Energy Campaign, an organization that not only strives to educate individuals but also provides a way for persons of faith to have their voices heard among elected officials and other decision -makers. The Eco-Justice Program of the National Council of Churches, The National Religious Partnership for the Environment, and the Evangelical Climate Initiative are other examples of how the religious community is educating the public about climate change. Some churches are undertaking initiatives that encourage their members to make more sustainable life choices such as utilizing energy from green sources. Ferment is now underway within individual churches and some denominations to encourage members to manifest their own faith commitment by becoming "climate neutral," reducing their energy use, and buying offsets for their remaining greenhouse emissions. Recently, the Vatican has committed to becoming a carbon -neutral city. If similar fervor builds about the moral importance of averting serious and catastrophic climate change and the threats it poses to vulnerable humans and countless species, political leaders in the United States may soon be vying to show that the world's leading generator of greenhouse emissions will also be the leader in promoting solutions. THE NEED FOR POLITICAL ADVOCACY It is important to understand that political advocacy by members of local, state, and federal government and civil society is necessary to combat global climate change. The reasons are fourfold. First, as previously noted, the United States has failed to adequately address global climate change despite the overwhelming scientific evidence of the problems and despite the fact that the United States has been the greatest emitter of greenhouse gases. In order to bring about meaningful change, people in government and civil society must persuade policy -makers and decision -makers of the urgent need to take actions to combat global climate change. Phrased differently, because of the failure of the federal government and many states to take meaningful action to reduce greenhouse gas emissions, local city governments and communities are taking initiatives and this is beginning to have an influence on state governments and some members of the United States Congress. Often, the efficacy of a local community's efforts to combat global climate change is enhanced through networking with other local communities working on the same issue. Second, small communities in Alaska can take actions to reduce greenhouse gas emissions and adapt to the impacts of climate change to an extent. However, sometimes there is reluctance for city governments or community residents to invest money in such efforts despite the fact that many such investments will be repaid in relatively short time frames. Consequently, those concerned about climate change must try to persuade policy -makers and decision -makers to make the investments needed. Third, some local governments are reluctant to consider tax increases of any kind. However, others have imposed a "climate tax" on electricity consumption or fuel consumption to finance greenhouse gas reduction programs. Political advocacy is required to demonstrate the need for "climate taxes" to help finance climate change mitigation and adaptation, especially if there is an absence of state/federal support. Fourth and most importantly, political advocacy by local city governments and communities is needed to influence state and federal energy policies. Consider the following examples. 1) Wal-Mart, the largest private sector purchaser of electricity in the world is investing a half billion dollars to reduce energy consumption and greenhouse gases 7 percent over the next seven years. However, the carbon dioxide emissions from only one medium-sized coal-fired power plant will negate this entire effort in only one month of operation. 2) If every household in the United States changed a 6o-watt incandescent light bulb to a compact fluorescent bulb the carbon dioxide emissions of just two medium -size coal-fired power plants each year would negate the reduction in carbon dioxide emissions from changing to fluorescent bulbs. 3) California, which makes up over ten percent of the country's new vehicle market, passed legislation to cut greenhouse gas emissions in new cars by 25 percent and in SUVs by 18 percent beginning in 2009. If every car and SUV sold in California in 2009 met this standard, the carbon dioxide emissions from one medium -size coal-fired power plant, in just eight months of operation, would negate the reductions of carbon dioxide emissions resulting from the legislation. The aforementioned examples illustrate that one of the most important contributions that local communities can make to combat global climate change is to develop grassroots or bottom -up political pressure for state/federal government to take action. References . Daedalus. 2001. Religion and Ecology: Can The Climate Change? Fall 2001. 19 . 2005. Joint Science Academies' Statement: Global Response to Climate Change. (national academies.org/onpi/o6072005.pdf) . 2oo6. Creating an Alaska Climate Impact Assessment Commission. State of Alaska Legislative Resolve No. 49• . 2007. Legislation in the sloth Congress Related to Global Climate Change. Pew Center for Global Climate Change. (http://www.pewclimate.org/what s being done/in the congress/iiothcongress.cfm) Baily, J. 2007. Lessons From The Pioneers: Tackling Global Warming At The Local Level. Institute for Local Self -Reliance, Minneapolis, MN. Brown, Donald. 2002. American Heat: Ethical Problems with the United States' Response to Global Warming. Lanham, Md.: Rowman & Littlefield. Brown, D., Lemons, J. and Tuana, N. 2oo6. The Importance of Expressly Integrating Ethical Analyses Into Climate Change Policy Formation. Climate Policy, 5: 549-552• Brown, D., Tuana, N. et al. 2oo6. White Paper on the Ethical Dimensions of Climate Change. (Pennsylvania State University, PA: Rock Ethics Institute. (httj2://rockethics.12su.edu/climate/whitel2al2erintro.htm.) Bryant, E. (1997). Climate Processes and Change. Cambridge University Press. (CIFAR) Cooperative Institute for Arctic Research. 2000. Impacts of Climate Change in the United States: Alaska. Cooperative Institute for Arctic Research, University of Alaska, Fairbanks. (www.climatehotmap.or2/impacts/) (DOE) US Department of Defense. An Abrupt Climate Change Scenario and Its Implications for United States National Security. (http://www.ems.org/climate/pentagon_climate_change.pdf) Gordon, J., 2007, Inter -American Commission on Human Rights to hold hearing after rejecting Inuit climate change petition. Sustainable Development Law & Policy, 8: 55• (ICLEI) International Council for Local Environmental Initiatives. 2007. (http://www.iclei.org/index.php?id=global-about-iclei) (IPCC) Intergovernmental Panel on Climate Change. 1990. This multi -volume work was published in separate volumes as : (i) Climate Change, The IPCC Scientific Assessment, (ii) Climate Change, The IPCC Impacts Assessment, (iii) Climate Change, The IPCC Response Strategies. (iv) Overview and Policymakers Summary.(http://www.ipcc.chlpub/reports.htm) (IPCC) Intergovernmental Panel on Climate Change. 1995• This multi -volume work was published as: (ii) Climate Change 1995, The Science of Climate Change. (ii) Climate Change 1995, Scientific Technical Analyses of Impacts, Adaptations and Mitigation of Climate Change, (iii) Climate Change, 1999, The Economic and Social Dimensions of Climate Change. (iv) Intergovernmental Panel on Climate Change Climate Change 1995, The IPCC Second Assessment Synthesis of Scientific - Technical Information Relevant to Interpreting Article 2 of the UN Framework Convention on Climate Change. (http://www.ipcc.ch/pub/reports.htm) (IPCC) Intergovernmental Panel on Climate Change. 2001. This multi -volume work was published as: (i) Climate Change 2001: Synthesis Report; (ii) Climate Change 2001: The Scientific Basis. (iii) Climate Change 2001: Impacts, Adaptation & Vulnerability; (iv) Climate Change 2001: Mitigation. (http: //www.ipcc.ch/pub/reports.htm) (IPCC) Intergovernmental Panel on Climate Change. 2007. This multi -volume work was published in separate volumes as: (i) Working Group I Report "The Physical Science Basis, Summary for Policy Makers;" (ii) Working Group II "Impacts, Adaptation and Vulnerability;" (iii) Working Group III Report "Mitigation of Climate Change;" (iv) "Summary for Policymakers of the Synthesis Report of the IPCC Fourth Assessment Report." (http://www.ipcc.ch/) Kerr, R.A. 2007. Scientists Tell Policymakers We're All Warming the World. Science 315: 754-757• Larsen, P., Wilson, M., Strezepek, K., Chinowsky, P., and Saylor, B. Estimating Future Costs for Alaska Public Infrastructure at Risk from Climate Change. Institute of Social and Economic Research at the University of Alaska Anchorage. (http://www.iser.uaa.alaska.edu?Publications/JuneICICLE.pdf) Leiserowitz, A. and Craciun, J. 2006. Alaska Opinions of Global Warming (No. 06-10), Eugene, OR: Decision Research. Lemons, J., Heridia, R., Jamieson, D., and Splash, C. 1995• "Climate Change and Sustainable Development." In Sustainable Development: Science, Ethics, and Public Policy, edited by John Lemons and Brown Donald. Dordrecht: Kluwer Academic Publishers. Roe, S., Bailie, R.S.A., Lindquist, H. and Jamison, A. 2007. Alaska Greenhouse Gas Inventory and Reference Case Projections, 1990-2020. Juneau, AK: Center for Climate Studies, Alaska Department of Environmental Quality. Stults, M. 2007. Religious Groups Becoming a Factor in Climate Policy Debate. The Earth Institute at Columbia University, NY. (http://www.climate.org/topicsIlocalaction/religion-climate- change.shtml) Symon, C., Arris, L., and Heal, B. 2005. Arctic Climate Impact Assessment. 2005. Cambridge, UK.: Cambridge University Press. (UNEP) United Nations Environment Programme. 2005. Vital Climate Change Graphics. United Nations Environmental Programme, Nairobi, Kenya. (UNFCCC) United Nations Framework Convention on Climate Change. 1992. (http://unfccc.int/286o.php) Walter, K., Zimov, S.A., Chanton, J.P., Verbyla, D., and Chapin III, F.S. 2oo6. Methane Bubbling from Siberian Thaw Lakes as a Positive Feedback for Climate Warming. Nature 71-75. �- �' Monaco Declaration It was while taking part in the working sessions of the scientific community, which met in Monaco last October for the second international symposium TheOcean in aHigh-0O2 World, that I expressed my earnest wishes for the Monaco Declaration to be drafted. The seas and oceans absorb one- fourth of the carbon dioxide emitted to the atmosphere from human activities, which in turn is driving their acidification at a rate that is unprecedented. This chemical modification will alter marine ecosystems, upon which over half of the world's population depends for its primary source of food. This declaration, based on irrefutable scientific findings and signed by 155 scientists from 26 nations, sets forth recommendations, calling for policymakers to address this immense problem. I strongly support this declaration, which is in full accord with my efforts and those of my Foundation to alleviate climate change. I hope that it will be heard by all the political leaders meeting in Copenhagen in December 2009. H.S.H. Prince Albert II 1.5 GL BAL t).Wj CHANGE AEA��rli3�,;Wi: Sift (yfsB�lri% -- ICES:. PILE TON e scientists who met in Monaco to review what is known about ocean acidification declare that we are deeply concerned by recent, rapid changes in ocean chemistryandtheir potential, within decades, to severely affect marine organisms, food webs, biodiversity, and fisheries. To avoid severe and widespread damages, all of which are ultimately driven by increasing concentrations of atmospheric carbon dioxide (CO2), we call for policymakers to act quickly to incorporate these concerns into plans to stabilize atmospheric CO2 at a safe level to avoid not only dangerous climate change but also dangerous ocean acidification. Ocean acidification is underway The surface ocean currently absorbs about one-fourth of the CO2 emitted to the atmosphere from human activities, namely from fossil -fuel combustion, deforestation, and cement production. As this CO2 dissolves in seawater, it forms carbonic acid, increasing ocean acidity. Since industrialization began inthe 18thcentury, surface -ocean acidity has increased by 30%. This ongoing ocean acidification is decreasing the ability of many marine organisms to build their shells and skeletal structure. Increasing acidity and related changes in seawater chemistry also affect reproduction, behaviour, and general physiological functions of some marine organisms, such as oysters, sea urchins, and squid. Ocean acidification is already detectable Observations collected over the last 25 years show consistent trends of increasing acidity in surface waters that follow increasing atmospheric CO2. These trends match precisely what is expected based on basic marine chemistry and continuous measurements of atmospheric CO2. A range of field studies suggest that impacts of acidification on some major marine calcifiers may already be detectable. Also, naturally high-CO2 marine environments exhibit major shifts in marine ecosystems following trends expected from laboratory experiments. Ocean acidification has altered some coastal waters to the extent that recently during spring they have become corrosive to the shells of some bottom - dwelling organisms. Within decades these shell -dissolving conditions are projected to be reached and to persist throughout most of the year in the polar oceans. Ocean acidification is accelerating and severe damages are imminent Currently the average concentration of atmospheric CO2 is 385 parts per million (ppm), which is 38% more than the preindustrial level of 280 ppm. Half of that increase has occurred in the last 30 years. Current CO2 emissions are greaterthan projected forthe worst -case scenario formulated a decade ago. And along with increasing emissions, the increase in atmospheric CO2 is accelerating. By mid-century, the average atmospheric CO2 concentration could easily reach double the preindustrial concentration. At that 560- ppm level, it is expected that coral calcification rates would decline by about one-third. Yet even before that happens, formation of many coral reefs is expected to slow to the point that reef erosion will dominate. Reefs would no longer be sustainable. By the time that atmospheric CO2 reaches 450 ppm, it is projected that large areas of the polar oceans will have become corrosive to shells of key marine calcifiers. Ocean acidification will have socioeconomic impacts Ocean acidification could affect marine food webs and lead to substantial changes in commercial fish stocks, threatening protein supply and food securityfor millions of people as well as the multi -billion dollar fishing industry. Coral reefs provide fish habitat, generate billions of dollars annually in tourism, protect shorelines from erosion and flooding, and provide the foundation for tremendous biodiversity, equivalent to that found in tropical rain forests. Yet by mid-century, ocean acidification may render most regions chemically inhospitable to coral reefs. These and other acidification - related changes could affect a wealth of marine goods and services, such as our ability to use the ocean to manage waste, to provide chemicals to make new medicines, and to benefit from its natural capacity to regulate climate. For instance, ocean acidification will reduce the ocean's capacity to absorb anthropogenic CO2, which will exacerbate climate change. Ocean acidification is rapid, but recovery will be slow The current increase in ocean acidity is a hundred times faster than any previous natural change that has occurred over the last many millions of years. By the end of this century, if atmospheric CO2 is not stabilized, the level of ocean acidity could increase to three times the preindustrial level. Recovery from this large, rapid, human -induced perturbation will require thousands of years for the Earth system to reestablish ocean chemical conditions that even partially resemblethose found today; hundreds of thousands to millions of years will Fortunately, partial remedies already on the table, if be required for coral reefs to return, based on the past record implemented together, could solve most of the problem. of natural coral -reef extinction events. We must start to act now because it will take years to change the energy infrastructure and to overcome the atmosphere's accumulation of excess CO2, which takes Ocean acidification can be controlled only by limiting future atmospheric CO2 levels So-called geo-engineering strategies that would not aim to restrict future atmospheric CO2 concentrations would not reduce ocean acidification. Mitigation strategies that aim to transfer CO2 to the ocean, for example by direct deep- sea disposal of CO2 or by fertilising the ocean to stimulate biological productivity, would enhance ocean acidification in some areas while reducing it in others. Climate -change negotiations focused on stabilizing greenhouse gases must consider not only the total radiation balance; they must also consider atmospheric CO2 as a pollutant, an acid gas whose release to the atmosphere must be curtailed in order to limit ocean acidification. Hence, limits (stabilization targets) for atmospheric CO2 defined based on ocean acidification may differ from those based on surface temperature increases and climate change. Despite a seemingly bleak outlook, there_ remains hope. We have a choice, and there is still time to act if serious and sustained actions are initiated without further delay. First and foremost, policymakers need to realize that ocean acidification is not a peripheral issue. It is the other CO2 problem that must be grappled with alongside climate change. Reining in this double threat, caused by our dependence on fossil fuels, is the challenge of the century. Solving this problem will require a monumental world- wide effort. All countries must contribute, and developed countries must lead by example and by engineering new technologies to help solve the problem. Promoting these technologies will be rewarded economically, and prevention of severe environmental degradation will be far less costly for all nations than would be trying to live with the consequences of the present approach where CO2 emissions and atmospheric CO2 concentrations continue to increase, year after year. time to invade the ocean. Therefore, we urge policymakers to launch four types of initiatives: to help improve understanding of impacts of ocean acidification by promoting research in this field, which is still in its infancy; to help build links between economists and scientists that are needed to evaluate the socioeconomic extent of impacts and costs for action versus inaction; to help improve communication between policymakers and scientists so that r) new policies are based on current findings and ii) scientific studies can be widened to include the most policy -relevant questions; -� to prevent severe damages from ocean acidification by developing ambitious, urgent plans to cut emissions drastically. An example to illustrate the intense effort needed: To stay below an atmospheric CO2 level of about 550 ppm, the current increase in total CO2 emissions of 3% per year must be reversed by 2020. Even steeper reductions will be needed to keep most polar waters from becoming corrosive to the shells of key marine species and to maintain favourable conditions for coral growth. If negotiations at COP-15 in Copenhagen in December 2009 fall short of these objectives, still higher atmospheric CO2 levels will be inevitable. *Declaration approved by 155 scientists from 26 countries, leaders of research into ocean acidification and its impacts. This document is based on the report Research Priorities for Ocean Acidification (available at http://ioc3.unesco.org/oanet/HighCO2Worid.htmI along with the Declaration, endorsements, and photo credits). This declaration does not necessarily reflect the views of the organizers and financial sponsors of the symposium or the organizations to which the approvinp scientists are associated. Will Le Quesne, CEFAS, UK Julien Leblud, University of Mons, Belgium Louis Legendre, Villefranche Oceanography Laboratory, France Patrick Lehodey, CLS, France Orly Levitan, Bar Ilan University, Israel Michael MacCracken, Climate Institute Washington DC, USA Chandan Mahanta, Centre for the Environment IIT Guwahati, India Cornelia Maier, CNRS-University of Paris 6, France Sophie Martin, IAEA-MEL, Monaco Francesca Marubini, Joint Nature Conservation Committee, UK Evin McGovern, Marine Institute, Ireland Triona McGrath, Marine Institute, Ireland Christina McGraw, University of Otago, New Zealand Ben McNeil, University of New South Wales, Australia Frank Melzner, IFM-GEOMAR Kiel, Germany Agostino Merico, GKSS, Germany Joanna Miest, Hamburg, Germany Ahmed Ali Mohamud, Nairobi, Kenya Pedro MS Monteiro, CSIR, South Africa Aurelie Moya, Univ. Nice, France Marius N. Muller, IFM-GEOMAR Kiel, Germany Guy Munhoven, University of Liege, Belgium Anne-Marin Nisumaa, CNRS-University Paris 6, France J6n blafsson, University of Iceland, Iceland Anna Orlikowska, IOW, Germany James Orr, IAEA-MEL, Monaco Ronald Osinga, Wageningen University, Netherlands Christian Pansch, IFM-GEOMAR Kiel, Germany Silvio Pantoja, University of Concepcion, Chile Laura Parker, University of Western Sydney, Australia Matti Perttila, FMI, Finland Gian-Kasper Plattner, ETH Zurich, Switzerland Annika Pollani, HCMR, Greece Hans Pbrtner, AWI, Germany Lucia Porzio, Stazione Zoologica A.Dohrn Naples, Italy Rosa Ma. Prol-Ledesma, Universidad Nacional Autonoma de Mexico, Mexico Sophie Rabouille, CNRS, France Stephanie Reynaud, Centre Scientifique de Monaco, Monaco Sophie Richier, CNRS-University of Paris 6, France Andy Ridgwell, University of Bristol, UK Ulf Riebesell, IFM-GEOMAR Kiel, Germany Lisa Robbins, St. Petersburg FL, USA Donna Roberts, Antarctic Climate & Ecosystems CRC, Australia Riccardo Rodolfo-Metalpa, University of Plymouth Marine Institute, UK Christopher L. Sabine, Seattle, USA Joan -Albert Sanchez-Cabeza, IAEA-MEL, Monaco Julia Saphdrster, IFM-GEOMAR Kiel, Germany Yoshikazu Sasai, JAMSTEC, Japan Toru Sato, University of Tokyo, Japan Daniela Schmidt, University of Bristol, UK Birgit Schneider, University of Kiel, Germany Kai G. Schulz, IFM-GEOMAR Kiel, Germany Miriam Schutter, Wageningen University, The Netherlands Joachim Segschneider, MPI-MET Hamburg, Germany Kyoungsoon Shin, KORDI, Republic of Korea Yoshihisa Shirayama, Kyoto University, Japan Yasmin Shirin Appelhans, IFM-GEOMAR Kiel, Germany Kiminori Shitashima, CRIEPI, Japan Lisa Suatoni, Natural Resources Defense Council, USA Colleen Suckling, British Antarctic Survey & Cambridge University, UK Stefanie Sudhaus, IFM-GEOMAR Kiel, Germany Toru Suzuki, MIRC/JHA, Japan SylvieTambutte, Centre Scientifique de Monaco, Monaco Jean-LouisTeyssie, IAEA-MEL, Monaco Michael Thorndyke, Royal Swedish Academy of Sciences, Sweden Erik V. Thuesen, Evergreen State College, USA Trisha Towanda, University of Rhode Island, USA George Triantafyllou, HCMR, Greece Carol Turley, Plymouth Marine Laboratory, UK Toby Tyrrell, National Oceanography Centre Southampton, UK Thomas Vance, Newcastle University, UK Sue -Ann Watson, National Oceanography Centre Southampton, UK Markus Weinbauer, CNRS-University of Paris 6, France Steve Widdicombe, Plymouth Marine Laboratory, UK Hannah Wood, Plymouth Marine Laboratory, UK W Rachel Wood, Edinburgh University, UK o Takeshi Yoshimura, Abiko, Japan � � O Sponsored by: Planning and Zoning Commission Introduction Date: September 14, 2009 Public Hearing Date: September 28, 2009 Enactment Date: September 28, 2009 CITY OF SEWARD, ALASKA ORDINANCE 2009-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY ZONING MAP BY REZONING LOTS 25 AND 26A, BLOCK 12, ORIGINAL TOWNSITE OF SEWARD FROM SINGLE FAMILY RESIDENTIAL (RI) TO URBAN RESIDENTIAL (UR) LOCATED ON THE WEST SIDE OF BROWNELL STREET AND NORTH OF WASHINGTON STREET AT 208 AND 210 BROWNELL STREET WHEREAS, applicants Sven and Barbara Ebbesson have submitted an application and the filing fee, requesting Lot 26A, Block 12, Original Townsite of Seward, be rezoned from Single Family Residential (R1) to Urban Residential (UR); and WHEREAS, the separately owned single 3,000 square foot Lot 25, adjacent to the south has also been included in this rezone; and WHEREAS, the current Zoning of the two parcels is Single Family Residential (RI) and the current Land Use Plan map designation recommends the parcels be rezoned to Urban Residential (UR); and WHEREAS, Lot 26A, was replated in April 1988 and contains approximately 8,400 square feet and Lot 25, is an originally platted lot 30 X 100 feet, totaling approximately 3,000 square feet; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into conformance with the Land Use Plan; and WHEREAS, the official Zoning Map described in SCC 15.01.030 will be amended from Single Family Residential (R1) to Urban Residential (UR) as recommended on the official Land Use Plan map; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning and land use district designations, as required by Title 15; and City of Seward Ordinance 2009-00 WHEREAS, at the August 4, 2009 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Zoning Map of the City is hereby amended to change the zoning designation of Lots 25 and 26A, Block 12, Original Townsite of Seward from Single Family Residential (R1) to Urban Residential (UR) (as displayed in attached document). Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 28t' DAY OF SEPTEMBER 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) COUNCIL AGENDA STATEMENT Meeting Date: September 28, 2009 Through: Phillip Oates, City Manager y "> From: Christy Terry, Community Development Director Donna Glenz, Associate Planner Agenda Item: Rezoning of Lots 25 and 26A, Block 12, Original Townsite of Seward from Single Family Residential (RI) to Urban Residential (UR) BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Ordinance 2009- 001)amending the Zoning Map by rezoning Lots 25 and 26A, Block 12, Original Townsite of Seward, from Single Family (R1) to Urban Residential (UR) (see attached maps). The applicant is requesting this rezone in order to provide land suitable for possible future development uses as allowed within the Urban Residential District and to bring the lots into conformance with the Land Use Plan. Lot 26A, Block 12 was replated in April 1988 and contains approximately 8,400 square feet and Lot 25, is an originally platted lot 30 X 100 feet, totaling approximately 3,000 square feet. The current use on Lots 25 and 26A. Block 12, OTS is single family homes. These structures are very small, older non -conforming single family structures. These two (2) lots are currently zoned Single Family Residential (R1). The parcels to the East are privately owned and in general single-family homes within the Single Family Zoning District (RI). The parcel to the North contains the multi -family structures of Bear Mountain Apartments and is within the Urban Residential Zoning District (UR). The large parcel to the South is privately owned and currently undeveloped also within the Urban Residential Zoning District (UR). The large parcel to the West is owned by the City, within the Resource Management (RM) Zoning District and currently undeveloped. Seward City Code SCC § 15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested Urban Residential Zoning District in both the North and South and is recommended by the Land Use Plan Map adopted by Council with the 2020 Comprehensive Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Urban Residential (UR) defined in SCC 15.05.025 (b)( (5) Urban residential district (UR). Intended to allow an area of higher density mixed residential uses from detached single-family housing to multi family apartments in conjunction with compatible low impact professional office uses in the area surrounding the downtown business district. No objections or concerns were expressed from City staff other than when future development happens in this area, the 20 foot alley access limitations will need to be addressed and considered within the development plan. �4 9 As required by the City Code, neighboring property owners within 300 feet of the area subject to review were notified of the proposed rezone. On August 4, 2009 the Planning and Zoning Commission held the required public hearing and approved P&Z Resolution 2009-20 recommending City Council approve the requested rezone. During the discussion the P&Z Commission supported the staff concerns regarding the limited 20 foot Brownell right-of-way. Staff had received one inquiry for information on the requested rezone; once the questions were answered the party had no objection or concerns to the rezone. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: Amend the City of Seward Zoning Map by rezoning Lots 25 and 26A, Block 12, Original Townsite of Seward from Single Family Residential (RI) to Urban Residential (UR) in accordance with the Land Use Map. ATTORNEY REVIEW: NO FISCAL NOTE: The City of Seward will have no costs associated with the Zoning Map Amendment of Lots 25 and 26A, Block 12, Original Townsite of Seward. Approved by Finance Department RECOMMENDATION: The Seward Planning and Zoning Commission recommends: September 14, 2006: Council introduces Ordinance 2009-(,G'/Rezoning Lots 25 and 26A, Block 12, Original Townsite of Seward from Single Family Residential (R1) to Urban Residential (UR). September 28, 2006: Council conducts a public hearing and adopts Ordinance 2009-CGS 7. 30 Resource Management Urban Residential Urban Residential 31 Urban Residential Park Lot 26A, Bilk 12, OTS Urban Residential Lot 25, Blk 12, OTS Urban Residential ADAMS STREET w D Z W I Single Family Residential U LL1 -- Urban Residential =47--,- WASHINGTON STREET IS 7� •c t NOW i l-M�,,a�• .. �+ - rE- ` -ewTa to ; rtstitutionaf t Amon�•�xti �•i1��� .J�'� `3;i_; " a�.�t.�'.Isy ��t�ti'cL�•'h�..'�..'>?:i[i�x` Rezone Application Current Land Use Map Lots 25 & 26A, Block 12 OTS N City Council Ordinance 2009- 0 70 140 Feet Mapping Assistance Rezone from R1 to UR by Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-20 A RESOLUTION OF THE SEWARD PLANKING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 25 AND 26A., BLOCK 12, ORIGINAL TOWNSII'E OF SEWARD FROM SINGLE FAMILY RESIDENTIAL (R1) TO URBAN RESIDENTIAL (UR) LOCATED ON THE WEST SIDE OF BROWNELL STREET AND NORTH OF WA.SHINGTON STREET AT 208 AND 210 BROWNELL STREET WHEREAS, applicants Sven and Barbara Ebbesson have submitted an application and the filing fee, requesting Lot 26A, Bloch 12, Original Townsite of Seward, be rezoned fToni Single Family Residential (R1) to Urban residential (UR); and WHEREAS, the separately owned single 3,000 square foot Lot 25, adjacent to the south has also- been included in this rezone, the owner was notified by Certified Mail and no objections were received; and WHEREAS, the current Zoning of the two parcels is Single Family Residential (RI) and the current sand Use Plan map designation recommends the parcels be rezoned to Urban. Residential (UR); and WHEREAS, Lot 26A, was replated in April 1988 and contains approximately 8,400 square feet and Lot 25, is an originally platted lot 30 X 100 feet, totaling approximately 3,000 square feet; and WHEREAS, the Seward City Code S C C §15.01.035, Aanendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is reconunended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprebensive Plan is to bring the Zonhg Map into conformance with the Land Use Plan; and WIIEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on August 4, 2009. 33 Seward Planning and Zoning Resolution 2009-20 Page 2 NOW, TITEREFORE, 13E IT RESOLVED by the Seward Plaamin.g and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 25 and 26A, Block 12, Original Townsite of Seward, from Single Family Residential (R1) to Urban Residential (UR.); and recommends that Ordinance 2009-XXX be forwarded to City Council for approval. Section 2. This resolution shal-1 take effect immediately upon its adoption: PASSED AND APPROVED by the Seward Planning and Zoning Commission this e day of August 2009. THE CITY OF SEWARD, ALASKA . ') z,"c Sandie Roach', Chair AYES: Stauffer, McClure, Heinrich, Ecklund, Roach' NOES: None ABSENT: Morgan ABSTAIN. None VACANT: One ATTEST: 04* OF SfFke*_'** 7 an Lewl C C ,'��'� °� ��� :.,k," •, ity Clerk vim°a (City Seal) s r l� •. 1 rl... � OF XNN0'-* 34 City aj*Seward, Alaska Planning Commission Minutes August 04, 2009 Volume 6. Pave 3 4 9 Lotion Passed Unanimous Consent The following items were approved on the Consent agenda: July 7, 2009 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing — Novae New Business Items requiring a Public Hearing -- Resolution 2009-20 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council .Approval of the Rezoning of Lots 25 and 26A, block 12, Original Townsite of Seward From Single Family .Residential (R1) to Urban Residential (UR) Located on the West Side of Brownell Street and North of Washington Street at 208 and 210 Brownell Street C ram' Terry reviewed Resolution 2009-20 and explained the applicant had requested the rezone in order to develop the land to match surrounding land uses in the district. This re -zone would. bring the lots into conformance with the City Land Use Plan and this action would then move on to the Seward City Council for adoption. The land is contiguous to the Urban Residential district. *' 1n response to McClure, Associate Planner Glenz explained the existing 30 X 40 foot portion of right—of—way located on the Vilest property line of Lot 25 had not been included in the First Avenue right-of-way vacation years ago by choice of the property owner. She continued to explain that portion of right-of-way would remain open until such time as the property owner replaced and requested the right-of-way vacation. In response to Heinrich, Terry explained that both owners were aware of the re -zone to t' match the Land Use Plan but the original application was made by one land owner. Terry stated `- - there were two lots, with two owners being considered. She noted that no negative response had been received. In response to leinrich, Terry stated that due to the existing right-of-way, there will be a L smaller amount of usable land on Lot 25; however City Development Requirements would still apply, limiting development of the lot to 40%. Heinrich voiced concern that the application for rezone had not been made by both lot owners. In response to McClure, Terry stated that if the two owners want to join these lots and or build a single family structure or other structure that they would be more than welcome to wofk with the City Building Department. In response to Chair Roach', Terry stated that regardless of type of development, the maximum land use is 40%. 3J Dzy ofSeward, d, Alaska Planning Commission Minutes August 04, 2009 Volume 6, Page 3 5 0 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (McClure/Eciclund) Approve Resolution 2009-20 Stauffer expressed her concern about the width of Brownell Street and the access to the area being limited for emergency responders. She said she would support the rezone but wanted the limited access noted. She was concerned about high density housing on a single lane street. Terry thanked Stauffer for the comment and stated that she is not aware of any plans to widen the access. In response to Stauffer, Glenz stated that Brownell is a 20 foot wide alley that had been used as a street and there were no city plans to widen it. r Motion Passed Unfinished Business- None New Business Unanimous Set Work Session "Topic for August 18, 2009 Terry stated that administration was requesting the Commission set "Updates to "Title 15 Seward City Code" as the work session topic for August 18 2009. Commissioners unanimously concurred and set date and topic for the work session. Informational Items and Reports (No aclion required) — National Flood Insurance Program/Community Plating System Newsletter June 2009 Edition- reviewed. Draft Federal Executive Order to Curb P'loodplain Development Informational article attached- reviewed. Commission Comments - Stauffer repeated her concern about the width of Brownell Street and emergency vehicle access. She praised all responders to the July 29, 2009 high-water event and their hard work and dedication. The community pulled together and should be proud of it's self. G Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $4,060,000 FOR THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN OFFER FROM THE ALASKA DRINKING WATER FUND WITH PAYMENTS SUBJECT TO BI-ANNUAL APPROPRIATION WHEREAS, the Seward City Council in its 2009 Capital Budget identified the North Seward Water Storage Tank & Pumping Facility as being an infrastructure priority; and WHEREAS, the project is at 35% design (Phase I, Water Main Intertie, at 100% design); and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the North Seward Water Storage Tank & Pumping Facility by way of obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Drinking Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward is hereby committing to the State of Alaska (ADEC), its intent to fund the $4,060,000 project, subject to receiving the loan described below, with the additional details of the project funding to be determined at a future time. Section 2. The City Manager is authorized to apply for a loan in the amount of $4,060,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for the water improvement known as North Seward Water Storage Tank & Pumping Facility. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $4,060,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to bi-annual appropriations, including but not limited to an agreement for the loan and a promissory note. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 281" day of September, 2009. Council Agenda Statement Meeting Date: September 28, 2009 Through: Phillip Oates, City Manage`/, From: W.C. Casey, Public Works Director Agenda Item: North Seward Water Storage Tank & Pumping Facility BACKGROUND & JUSTIFICATION: In 2000, the Design Study Report completed by CRW, identified as a necessary improvement to the City of Seward water system, a 520,000 gallon water storage tank. The proposed site for the new water storage tank was the Forest Acres area, at an elevation that matched the Lowell Canyon tanks. Since that time (2000), City Staff with the assistance of CRW Engineering, have continued to pursue funding for this project. The project is currently at 35% design. On two separate occasions, the City Staff has submitted an application with the ADEC Municipal Matching Grant Program. Staff has continued their efforts to secure funding for this critical infrastructure. The new storage tank remains in the budget as a priority project. The availability of 1.5% interest, ADEC loan dollars, makes this water storage tank project feasible. The North Seward Water Storage Tank & Pumping Facility is at 35% design, while (Phase I) the Water Main Intertie is at 100% design. Moving forward with Phase I will enable staff to complete the necessary remaining design work, gain site control for the tank and finish this important water system improvement. INTENT: Secure available funding for the North Seward Water Storage Tank & Pumping Facility through the Alaska Department of Environmental Conservation, Alaska Drinking Water Fund, and Loan Program. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2009 -1'� , stating an intent to fund $4,060,000 for the "North Seward Water Storage Tank & Pumping Facility" project subject to receiving a loan in that amount, authorizing a loan application with the Alaska Drinking Water Fund and authorizing the City Manager to accept a loan offer from the Alaska Drinking Water Fund with payments subject to annual appropriation. 00 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-090 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, AUTHORIZING AN ADDITIONAL FIFTY THOUSAND DOLLARS ($50,000) AS A POTENTIAL CONTINGENCY FOR UNIT COMPANY'S CONTRACT TO CONSTRUCT SEWARD MOUNTAIN HAVEN LONG TERM CARE FACILITY WHEREAS, on April 14, 2008 the City Council authorized the City Manager to enter into a contract with UNIT Company to build the Long Term Care Facility for an amount not -to - exceed $22 million dollars; and WHEREAS, diligence and successful team work with the contractor, architect, City of Seward and Providence Alaska has kept the contract price at $22 million; and WHEREAS, as we near the end of the project, additional code compliance items and Providence operator needs have the potential to add additional costs to the contract; and WHEREAS, no contingency was authorized associated with the original construction contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Funding in the amount of fifty thousand ($50,000) is hereby appropriated from the Long -Term Care Facility bond proceeds account number 670-6700-4100 to the contracted services account 670-6700-5390. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of September, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Council Agenda Statement Meeting Date: September 28, 2009 Through: City Manager, Phillip Oates., From: Community Development Director, Christy Terry Agenda Item: Authorizing an additional $50,000 as a potential contingency for UNIT Company's contract to construct Seward Mountain Haven BACKGROUND & JUSTIFICATION: On April 14, 2008 the City Council authorized the City Manager to enter into a contract with UNIT Company to build the Long Term Care Facility for an amount not -to -exceed $22 million dollars. Prior to the final contract approval the City of Seward, Architects Alaska and UNIT Company completed weeks of negotiations and value engineering to bring the proposal price to within the funding available for the project. No contingency was authorized associated with the original construction contract. Diligence and successful team work with the contractor, architect, City of Seward and Providence Alaska has kept the contract price at $22 million. Substitutions and change orders were thoroughly examined, vetted and negotiated to insure the City was receiving a fair and accurate price for each item. However, as we near the substantial completion of the project on September 171h, Providence moving Elders into the homes on October 1 St, and final completion on November 41h, there are additional items that could potentially put our contract costs over the $22 million dollars authorized by Council. In an effort to be proactive and comply with the Council's wishes, we are requesting $50,000 be approved as a contingency for any additional potential costs over the original contract price of $22 million. INTENT: Develop a $50,000 contingency for potential costs above UNIT Company's approved $22 million dollar contract amount. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding for this request is available through the Long Term Care Facility bond proceeds account no. 670-6700-4100. Approved by Finance Department: �W6 Approved by the Attorney: N () RECOMMENDATION: Approve Resolution 2009- , G authorizing an additional $50,000 as a potential contingency for UNIT Company's contract to construct Seward Mountain Haven. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-091 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RISE ALASKA, LLC (RISE) FOR PROFESSIONAL PROJECT MANAGEMENT SERVICES THROUGH SCHEMATIC DESIGN OF A NEW CO -LOCATED LIBRARY MUSEUM FACILITY AND TO APPROPRIATE FUNDING NOT -TO -EXCEED THIRTY SIX THOUSAND SEVEN HUNDRED AND TEN DOLLARS ($36,710) WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals for professional project management services for the library museum project; and WHEREAS, RISE earned the most points with the request for proposal grading criteria approved by the Seward City Council; and WHEREAS, RISE's proposal was $36,710 to perform project management services through the schematic design phase; and WHEREAS, the scope of the project management services includes assisting the City in selecting a design team, negotiating the design contract and overseeing the design team's work during the schematic design phase; and WHEREAS, the Seward Community Library Museum Building Committee (SCLMBC) will provide the funding and transfer $36,710 to the City's designated account to finance this contract. 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 contract with RISE ALASKA, LLC to provide project management services through schematic design for a cost not -to -exceed thirty-six thousand seven hundred and ten dollars ($36,710.00). Section 2. Funding in the amount of $36,710 will be provided by the SCLMBC to the Seward Community Library Museum Project fund account number 826-8264-4100. 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 28th day of September, 2009. 4 Council Agenda Statement Meeting Date: September 28, 2009 Through City Manager, Phillip Oates From: Community Development Director, Christy Terry - Agenda Item: Authorizing an agreement to RISE ALASKA, LLC to perform professional project management services through schematic design of the new co - located library museum facility and to appropriate funding not -to -exceed $36, 710 BACKGROUND & JUSTIFICATION: Since 2003, the City of Seward, Seward Community Library Association and the Resurrection Bay Historical Society have been planning to co -locate the Community Library and the Seward Museum to a new facility. Co -location will create efficiencies of service and space as well as providing the amount of space needed to meet the existing and future needs of these organizations. For the past two years the organizations have been going through a planning process that involved space programming, feasibility studies, concept design, cost estimating, and business planning. The City purchased a site for the new facility, adjacent to the existing library. A community survey was conducted to evaluate the level of support for a bond issue to support part of the cost of the project. The City is now ready to bring a professional project manager under contract to help manage future activities. The new Library Museum will be a 16,295 square foot facility located on two floors. The Museum and a conference area will be located on the first floor and the library on the second floor. The building will be designed to take advantage of the sweeping view down Resurrection Bay. It will also apply green design principles as well as respecting the historic character of Seward. It is the intention of the City to utilize a Construction Manager/General Contractor approach to the design and construction of this project. This project will be designed by a professional design team under contract to the City of Seward. It is expected that the Project Manager will be selected in time to participate in selection of the design team. The firm selected to provide Project Management services will not be eligible to provide design services on this project. On August 17, 2009 a request for proposals was issued soliciting for project management services. The project management services include assistance in selecting a design team, negotiating the design contract and overseeing the design team's work during the schematic design phase. Three proposals were submitted by the deadline, were judged responsive and reviewed by the selection team. RISE ALASKA, LLC obtained the highest points and is the selection team's recommendation as the professional project management firm. The selection criteria approved by Council and rated by the selection team was as follows: Experience and technical competence of key personnel with project management (30 points); Record of key personnel with successfully keeping project within budget and on schedule (10 points); Availability of resources to manage the project in a timely and responsive fashion (20 points); Project approach and ability to manage the project successfully (30 points); and Cost (10 points). INTENT: Approve a contract with RISE ALASKA, LLC for project management services and to obtain Council approval for the transfer of funds. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: This action proposes to utilize non -City funds for the purpose of facility planning and design project management through schematic design. This action proposes $36,710 will be transferred to the City from SCLMBC. Approved by Finance Department:r 4q,(, ATTORNEY REVIEW: t4 RECOMMENDATION: Approve Resolution 2009-QJJ. authorizing an agreement to RISE ALASKA, LLC to perform professional project management services through schematic design of the new co -located library museum facility and to appropriate funding not -to -exceed $36, 710. 3 O O O N O N tl} 0 f-- m co a O O C co mrnmm 0 C N N N O m 0 Lo Q) cn m O O 0 N C !C N o m O Q W Ln m coO O 40 co co o co � M m E r N (h 'It to c0 t- o) Z L U a a O N O -It N O A 'I C7 0 cV co `t N CN E. aci �cNocatc`°.imoo r 41 Q x u.t �a c NR �'NQrajQ mtoc00000 N N d� a g. r r to �'- E r N m 4 47 O R U � w 0 0 0 0 0 �4 to0o0rbo0 a rNN N— w C7 U L a O O a o 0 o E atoItcat000 A � O 0 � c �° oaacao ca OD (D to 00 coo o ro'c rr� of v� rNM `cY4�Gfl� U � uj O C)O OO .`+ NMNN G.7 = E U � G Q - a a. d m D :. N O 0 O CDc Q7 O �. Q r cv m -0- 0 cD R U � Uj 0 0 0 0 0 cococococo00 U a'o©ooa >1 Nt 't o o O C . �`00000 � aaooc�c�o y •L �. a-� r �-^ r- r N � o � , U t^ Q m d' to to f` d U � 44 Professional Services Agreement with RISE ALASKA, LLC for Professional Project Management Services This AGREEMENT, made and entered into this 29th day of September, 2009 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and RISE ALASKA, LLC, a limited liability company authorized to do business in Alaska, with offices located at 880 H Street, Suite 101, Anchorage, AK 99501, hereinafter referred to as the "Contractor." WITNESSED WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide Professional Project Management Services for the Seward Library Museum Replacement Project in Seward, Alaska; and WHEREAS, in response to a request for proposals, RISE ALASKA, LLC submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A - RISE ALASKA, LLC proposal dated 9/31 /2009 Exhibit B — City's request for proposals dated 8/17/2009 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean City Manager Phillip Oates, and include any successor or authorized representative. 1.5 "Project" shall mean the professional project management services for the library museum relocation in Seward, Alaska, as further described in the City's request for proposals issued August 17, 2009. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 1 of 8- 4 P, J Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. Kent Crandall, AIA $150.00/hr Don Simmons $150.00/hr Sarah Barton $175.00/hr Grant Leader, PMP $105.00/hr Administrative $ 50.00/hr Total Cost through Schematic Design Not To Exceed $36,710.00. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide professional services based on approved standards and instructions as specifically described in the City's request for proposals, Exhibit B. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as follows: project management services to facilitate completed schematic design by February 1, 2010. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Kent Crandall, Don Simmons, Sarah Barton and Grant Leader. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 2 of 8- 46 administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 9.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the sole negligence of the City. 10.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability including errors and omissions, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 3 of 8- 47 Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. 11.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 12.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 13.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 14.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 15.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 4 of 8- 16.0 SUSPENSION OR TERMINATION. 16.1 Fault Termination or Suspension This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 16.2 Convenience Suspension or Termination The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 16.3 Activities Subsequent to Receipt of Notice of Termination or Suspension Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 17.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, martial status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 5 of 8- 49 18.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 19.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 20.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 21.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 22.0 STATE OF ALASKA AND CITY OF SEWARD BUSINESS LICENSE. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with copies of their State of Alaska and City of Seward business licenses. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 6 of 8- 50 written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 7 of 8- sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward Community Development Director Christy Terry PO Box 167 Seward, Alaska 99664-0167 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward By: Phillip Oates Title: City Manager Date: ATTEST: Jean Lewis, CMC City Clerk (city seal) By: _ Title: Date: -Professional Service Agreement for Project Management Services Seward Library Museum Project -2009- -Page 8 of 8- Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-092 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, AUTHORIZING A MEMORANDUM OF AGREEMENT WITH THE ALASKA RAILROAD CORPORATION FOR THE PURPOSE OF UTILIZING A STATE LEGISLATIVE GRANT TO DREDGE THE APPROACH AND BERTHING BASINS OF THE ALASKA RAILROAD DOCK TO ACCOMMODATE CRUISE SHIPS WHEREAS, the City of Seward was awarded a FY 2010 Designated Legislative Grant in the amount of $4,500,000 to dredge the cruise ship berthing and approach basins; and WHEREAS, the City intends to work with the Alaska Railroad Corporation to accomplish the dredging project in order to improve safety and better meet cruise ship passenger needs in Seward; and WHEREAS, the administration has worked with the Alaska Railroad Corporation to develop the terms of a Memorandum of Agreement as attached hereto, which allows the City to contract with ARRC to accomplish the entire scope of the project through a Reimbursable Services Agreement or alternatively, to allow the City to pay the costs incurred by the railroad, during the course of the project; and WHEREAS, the City intends to receive up to 10% of the grant proceeds to offset the City's costs of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby approves the Memorandum of Agreement between the City of Seward and the Alaska Railroad Corporation in substantial form as attached hereto, and authorizes the city manager to amend as necessary, the specific terms of the Agreement, inasmuch as said revisions do not alter the material terms of the Agreement. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward this 281" day of September, 2009. 53 Council Agenda Statement Meeting Date: September 28, 2009 Through: Phillip Oates, City Manager� From: Kristin Erching er Finance Director of - Agenda Item: Memorandum of Agreement with Alaska Railroad Corporation BACKGROUND & JUSTIFICATION: The City of Seward has received a grant from the State of Alaska to dredge the Alaska Railroad dock to accommodate cruise ships docking at the dock. This project will meet the legislative guidelines established for the proper use of cruise ship head tax proceeds. Ultimately, we will utilize the funds to dredge the approach and berthing basins to a depth of up to 45 feet. The City may be asked to provide rock from the quarry to elevate the height of the current sediment mitigation jetty, in an effort to reduce sediment from once again depositing in this area after dredging is complete. This portion of the project will occur only if there are additional funds from the project. The project period is between 4/19/09 and 6/30/2014, and will cover costs including contracted services, dredging, engineering, design, planning, permitting, project management, materials costs, and administrative costs. INTENT: Enter into an agreement with the Alaska Railroad Corporation in order to facilitate the dredging of the approach and berthing basins. The City will either develop a reimbursable services agreement with ARRC in which the City contracts with ARRC to accomplish the entire project, or will work with ARRC to reimburse costs associated with each element of the project. ATTORNEY REVIEW: N (A, CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The total grant award is $4.5 million. The City will be eligible to receive up to 10% of the grant award in the form of eligible administrative costs. Approved by Finance Department: a2�' , - RECOMMENDATIO Approve Resolution 2009 V-uthorizing the city manager to enter into a Memorandum ofAgreement with the Alaska Railroad Corporation. �Zi MEMORANDUM OF AGREEMENT BETWEEN ALASKA RAILROAD CORPORATION AND THE CITY OF SEWARD FOR DREDGING THE ARRC SEWARD PASSENGER DOCK AND APPROACH This Memorandum of Agreement (hereinafter referred to as "MOA") is made and entered into this day of 2009, by and between the ALASKA RAILROAD CORPORATION, (hereinafter referred to as the "ARRC"), acting by and through the Office of its President and the CITY OF SEWARD (hereinafter referred to as the "City"), acting by and through the Office of the City Manager. ARTICLE I —BACKGROUND: Seward has three ARRC owned cruise ship berths located in the Seward harbor basin area. The cruise ship berthing basins are currently dredged to depths between -33 and -36 feet. These shallow depths are of concern for the larger cruise ships with deeper draft, especially during minus tides. Dredging to -42 feet will assure safe berthing at any tide In addition, the approaches to the three cruise ship berths in Seward must also be dredged from the current -30 feet to a depth of -36. The approach basin was a depth of -36 feet in 1965. This will allow docking at most tide levels. A description of the scope is as depicted in Figure 1. To bring the cruise ship berths and the approach basin to the desired minimum -36 to -42 foot depths, the City pursued State of Alaska capital funding available as a result of the collection of the Cruise Ship Tax. The State of Alaska authorized a $4,500,000 capital improvement project to the City for the described work. Date 55 Z a11BQ Z 'I \ l 049 S 0 gg 1 - o Q n L IT i oinSiA 56 ARTICLE II — OBJECTIVE: ARRC and City share a mutual desire to continue and support the economic benefits provided by the cruise ship industry and ensure adequate berthing facilities exist for cruise ships to continue to dock in Seward, Alaska. The primary objective of this MOA is to recognize the City will obtain a grant from the State of Alaska for the $4,500,000 capital dredging project and ARRC, by virtue of its ownership of the passenger dock and its experience delivering capital improvement projects, including previous dredging in Seward, will cooperate by accomplishing, on the City's behalf, the work required to deliver a completed project. It is mutually understood and agreed that the costs incurred by both parties related to their performance under the terms and conditions of this MOA shall be paid from the $4,500,000 in State of Alaska Cruise Ship Tax funds that the 2009 Alaska Legislature appropriated to City for the Project subject to the appropriation being signed into law by the Governor. ARTICLE III — STATEMENT OF WORK Date A. General: 1. City will be the grantee for the $4,500,000 State of Alaska funding. 2. ARRC agrees to undertake the performance of work to permit, design, and dredge as scoped at an overhead rate not to exceed 4.5%, to be assessed on all expenditures related to the project. 3. ARRC reimbursement will not exceed $4,050,000, including overhead. 4. Should the available funds be inadequate to complete the initial work scope, City and ARRC agree that reducing the dredging depth on the approach will occur as required. 5. Should funds be available, the parties support identifying the scope of work to include improving the existing sediment control jetty to minimize future dredging needs. B. The City agrees to: 1. Accept responsibility for administering State grant funds, including engaging independent auditors to review financial records of project. 2. To provide quarry materials for the sediment control jetty component of the project. 3 57 Date 3. If desired by both parties, execute a reimbursable payment mechanism approved by the State of Alaska (ie; Purchase Order or Reimbursable Services Agreement). 4. Reimburse ARRC on a monthly basis based on ARRC Project billings. 5. Provide space for public meetings, as space requirements permit. 6. Provide technical and facilitative assistance, as appropriate. C. The ARRC agrees to: 1. Provide permitting and design required to bid construction. 2. Contract for services as required. 3. Provide adequate documentation to City for reimbursement of Project costs, to include monthly Department of Commerce, Community, and Economic Development (DCCED) Progress/Financial Reports. 4. Submit billings to City on a monthly basis for all Project work accomplished by ARRC. D. The City and ARRC mutually agree: 1. This MOA shall remain in force until project completion is reached and final contract payments are made. 2. This MOA may be extended or modified by mutual written agreement of the signatory parties to accommodate Project needs. 3. To oversee Public and Governmental Affairs at all levels. 4. To participate in overhead agreements that allow for City and ARRC administrative costs to be charged for Project activities. 5. Nothing in this MOA shall obligate any party for the expenditure or appropriation of funds, or for future payments of money, in excess of appropriations authorized by law. 6. Each party will be responsible for its own acts and the results thereof and each party shall not be responsible for the acts of the other party in violation of this MOA. 7. If legal action is undertaken against the Project, City and/or ARRC as 0 0 result of activities under this MOA, the Project will bear the costs of legal defense and settlements if appropriations remain. Otherwise, each party agrees it will assume the risk and liability resulting in any manner under this agreement. 8. Each party will comply with all applicable laws, regulations, and executive orders relative to Equal Employment Opportunity and prohibition against discrimination. 9. All non-proprietary information developed, published or acquired will be available to the City and the ARRC for their use with this or other projects. Proprietary information will be defined by statutes. Credit will be given to agencies or parties that develop Project materials. 10. Any provision in conflict with any law or regulation shall be automatically preempted by that law or regulation, and any provision found unconstitutional, unenforceable, void or voidable by any court shall not affect the remaining provisions of this MOA. The remaining provisions shall remain in full force and effect. ARTICLE IV —.TERM OF AGREEMENT This MOA will commence upon the date of the final signature of this document and shall remain in effect for a period of three years or until terminated as provided in Article VII. Reimbursement of costs incurred before the commencement date of this agreement will be based on the State of Alaska, DCCED April 19, 2009, Grant Agreement commencement date. ARTICLE V — KEY OFFICIALS Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: Date For the ARRC: Signatory Pat Gamble, President and CEO Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510-7500 (907) 265-2403 amblep0i),akrr.com 5 59 Assistant Vice President, Projects and Chief Engineer Thomas Brooks, P.E. Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510-7500 (907) 265-2456 cell (907) 441-1366 brookst(aakrr.com For the City: Signatory Phillip Oates, City Manager City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907)224-4047 poates@cityofseward.net Kari Anderson, Harbormaster City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907)224-4064 kanderson@cityofseward.net A. Communications — The parties to this MOA will address any communication regarding this MOA to the Key Officials listed above. B. Changes in Key Officials — None of the parties may make any permanent change in a Key Official without written notice to the other parties thirty (30) days in advance of the proposed change. ARTICLE VI — PRIOR APPROVAL Any amendment, revisions, addenda, extensions, or reaffirmation of this MOA must be in writing and be approved and signed by appropriate authorities. ARTICLE VII — MODIFICATION AND TERMINATION Date A. Only a written instrument executed by the parties may modify this MOA. B. Any party may terminate this MOA for any reason, or for no reason, by providing the other party with sixty (60) days advance written notice. no 60 ARTICLE VIII —SPECIAL PROVISIONS All actions under this agreement shall follow all appropriate state and federal laws. IN WITNESS HEREOF, the parties hereto executed this MOA on the date(s) set forth below, For the ARRC Signature: Name: Patrick K. Gamble Title: President and CEO Date: Date 7 For the City of Seward Signature: Name: Phillip Oates Title: City Manager Date: 61 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-093 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ACCEPTING THE DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS FY 2010 DESIGNATED LEGISLATIVE GRANT FOR DREDGING CRUISE SHIP BASINS AND APPROACHES AND APPROPRIATING FUNDS WHEREAS, the purpose of the FY 2010 Designated Legislative Grant in the amount of $4,500,000 is to provide funding to the City of Seward for use towards Dredging Cruise Ship Berthing Basins and Approaches; and WHEREAS, the objective of this project is to improve safety and better meet cruise ship passenger needs in Seward; and WHEREAS, dredging is necessary for the City and the Alaska Railroad Corporation to accommodate the cruise ship industry; and WHEREAS, the project consists of dredging the approaches and berthing basins to a depth of 45 feet to accommodate vessels up to 29 feet; and WHEREAS, funds may be used toward contractual services and dredging, engineering, design, planning, permitting and project management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby accepts the FY 2010 Designated Legislative Grant in the amount of $4,500,000 to the Cruise Ship Dredging fund #276-2764-4680-0200. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward this 28t" day of September, 2009. b2 Council Agenda Statement Meeting Date: September 28, 2009 Through: ' g City Manager, Phillip Oates /��� Y From: Community Development Director Christy Terry Agenda Item: Accepting the Department of Commerce Community and Economic Development Division of Community and Regional Affairs FY 2010 designated legislative grant for dredging cruise ship basins and approaches and appropriating funds BACKGROUND & JUSTIFICATION: The Division of Community and Regional Affairs administers various state and federal grants to communities and the other type of organizations. Their mission is to promote strong communities and healthy economies by providing information, technical, financial assistance and other capacity building resources. Dredging is necessary for the City and the Alaska Railroad Corporation to accommodate the cruise ship industry's access to Seward. The objective of this project is to improve safety and better meet cruise ship passenger needs in our port. The purpose of the FY 2010 Designated Legislative Grant is to provide funding for the City of Seward for use towards Dredging Cruise Ship Berthing Basins and Approaches. The project scope of work consists dredging the approaches and berthing basins to a depth of 45 feet to accommodate vessels up to 29 feet. Contingent on Council's approval, eligible project expenditures incurred between 4/19/09 and 6/30/2014 will be reimbursed. Funds may be used towards contractual services and dredging, engineering, design, planning, permitting and project management. INTENT: Accept and utilize State of Alaska Department of commerce and Community Economic Development funds to improve the cruise ship berthing basins and approaches in Seward. ATTORNEY REVIEW: 9 0 CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Approved by Finance Department: ' ,,,J&I A RECOMMENDATION: Approve Resolution 2009 Rlccepting the Department of Commerce Community and Economic Development Division of Community and Regional Affairs FY 2010 designated legislative grant for dredging cruise ship basins and approaches and appropriating funds. 63 DEKARTNIENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Designated Legislative Grant Program Grant Agreement Grant Agreement Number Amount of State Funds 10-DC-024 $4,500,000 Collocation Code(s) Encumbrance Number/AR/Lapse Date Project Title 21754355 / 30556 ! 6/30/2014 Dredging Cruise Ship Berthin Basins and ApEroaches Grantee Department Contact Person Name Name City of Seward Jolene Julian Street/PO Box Title P.O. Box 167 Grants Administrator City/State/Zip Street/PO Box Seward, AK 99664 PO Box 110809 Contact Pet -son City/State/Zip Michelle Endresen Juneau, AK 99811-0809 Phone Fax Plione Fax 907.224.4038 907.224.4066 465-475 8 465-5867 AGREEMENT The Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs (hereinafter 'Department') and City of Seward (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incun-ed, which are authorized under this Agreement. In no event shall the payment exceed $4,500,000. Section 11. The Grantee shall perform all of the work required by this Agreement. Section 111, The work to be performed under this agreement begins 04/19/09 and shall be completed no later than 6/30/2014. Section IV. The agreement consists of this page and the following: ATTACHMENTS Attachment A: Scope of Work l . Project Description 2. Project Budget 3. Project Narrative 4. Project Management/Repot-ting 5, Forms Packet Attachment B: Payment Method Attachment C: Standard Provisions AMENDMENTS: Any fully executed amendments to this A<,areement APPENDICES Appendix A: Audit Regulations Appendix B: Audit Compliance Supplement Appendix B2: Insurance Appendix C: State Laws and Regulations Appendix D: Special Requirements and Assurances for Federally Funded Projects (if applicable) Appendix E: Site Control Appendix F: State Fire Marshal Review Graatee i Department I Signature � r� ��: r� � � Slonatill'G MU_ ( 1 �7d Name and 1.Vitle � Printc d T�tatn `and Title i Philli Oats, City Manager' 1 Gail I?abaluz, Grant Manager Date Uhl Date Revle\ved by TOW Attachment A Scope of Work i. Project Description Tlie purpose of this FY 2010 Designated Legislative Grant in the amount of $4,5000,000 �)ursuant to the P)'O visions of '.11S 37, 05. 315, SLR 2009, Chapter 15, Sec tion 4, Page 45, and Lines 24-261 is to provide funding to the City of Seward for use towards Dredging Cruise Ship BerthingBasins and Approaches, p The objective of this project is to improve safety and better meet cruise Ship passenger needs in Sew Dredging is necessary for the City and the Alaska Railroad Corporation to accommodate the cruise ship industry, p This project may include: Dredging the approaches and berthing basins to a depth of 45 feet to accommodate vessels up to 29 feet. Funds may be used toward contractual services and dredging, engineering, design, planning, Permitting and project management. g p g' No more than five percent (5%) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10%) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget Cost Category Grant Fends I Total Project Cost Program Funds I S4,500,000 $4,500,000 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Pro' Description.Ject Rev 4 001) £esl,gilt'let i I egislwive draw Ag!'eel)1e17! rIIle 1clilllLl7i .J �. l ,1,�re 1 qJ_ 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Dorm. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form, Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority -l:or execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any mariner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of fiends under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first: month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly/quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rau. 1 009 Desr;�rtrtecl LeIVE, Grclit Agreemenr Atfachinual;I 1'rr;e of ? f Del}artinent of C{�njinel•ce, Conimnnity and Economic Development Division of Coin iniinity and Regional Affairs DESIGNATED LEGISLA'1'IVE GRANT FINANCIAL/PROGRESS REPORT AND REQUEST IioR REIMBURSEMENT Grantee: Grant Number: _ - Project Title: Report Number: Report Period: From: To: IvntP.: Finrrnrin! -r- w• rv• �4�cn,,�rrrcrra t1111,51 f1a;r1lue rogress Ke? 011 W1Trafiire. Cost Category Autho3 ized Budget Gra��t Expenditures This Total Grant Expenditures Balance of Grant Funds Period To Bate Program Funds Administration Total This Report Current Advance Balance (if any) Total Grant Expenditures This Period Total Grant Award LESS Advance Recovered This Report LESS Total Grant Expenditures (if an) to Date LESS Unrecovered Advance Balance NET REIMBURSEMENT TO GRANTEE if any-) Advance Balance Remain ing (if an) TOTAL Grant Funds Remaining Describe activities that occurred during this report period. Identify any problems you may be experiencing. Attach additional pages if necessary. Grrrwee C'erlfftewiou: ! cei-q& that the above inforinrrlion 1s 11•11(" crud (.Orr•ect, cloci 117cit expencli"111-es have been mode./or 1h4• Purpose ref: and u1 ,lecor-clanee with, apphenhle grunt c-1g)-eellielit (el -Ins and c011c(i6017s. Authorized Signature Name and Title ^� Date DCCED STAFF USE Encumbrance #: Payment Amount: GA Approval: DCCED Signature Date Attachment B P-ayment Method Adv ante/Rchnbursernent Payment Upon fllll CXCClltlon of this Grant Agreement, a State treasury warrant In all amount not to exceed '20% of the amount in Section 1 may be released upon request. Additional State trcasury warrants N-ill be released on a reimbursement basis upon receiving and Approving a Grantee's financiall/Progress reports. The Department will reimburse the Grantee for costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse 1vtthout approved financial/progress reports, prepared and submitted by the Grantee on the Form provided in Attachment A. Before approving the financial/progress report for payment, the Department may require the Grantee to submit documentation of the costs e. reported v billings, signed timesheets, invoices), p g vendor If cost reimbursement significantly inhibits the Grantee's ability to implement the ro Department may advance to the Grantee an amount not to exceed a ro'ected thin 30y the p need, or twenty percent (�0%) of the amount in Section 1, whichever isle s. y t ) project, cash Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Advance Payment" form can be obtained from the Department electronically or in hard copy. All advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 2. Withholding of e'en Percent (10%) The Department may withhold ten percent (10%) of the amount in Section I until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement, includin all required reporting of the pl•01ject. g Attachment C Standard Provisions Article 1, Definition "Departilleilt" rclers to file Dcpartnlent of Corllrtlel.ce, C0r11t111.111i y Ind f:catloinic ncvelt�pmcnt �vi(11 th� State ofAlaska. e Article 2. Indemnification It is understood atrldagreed that this Grant Agreement is solely for the benifit of file parties to the Gr Agrcenlent and gives no right to ally other- party. No' oint venture or partnership ant Grant Agreement, p` p is fornled as a result of the The Grantee, its successors and assigns, will protect, save, sand hold harmless the Department and the State o Alaska and their authorized agents arid employees, from all cJairns, actions, costs, damages, or ex enses of ally nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with an acts or activities authorized by this Grant Agreement, The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of an costs or attorneys fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement, This obligation shall not include such claims, costs damages, or expenses which may be caused by the sole negligence of the Department of the State of Alsk or their authorized agents or employees, provided, that if the claims or damages are caused by or result to the concurrent negligence of (a) the Department and the State of Alaska and their agents or em to ees a (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable o 1 to the extent of the negligence of the Grantee, or Grantee's agents or employees, y Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and t execute the project described in this Grant Agreement by signing the Grant Agreement dorLment. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. Article 4, Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records Article 6_ ,article 7, The Depar-Tient and duly Aitllorized officials of the State of ,klaska shall ha%e full acci:ss and the ri,, �:xcunine. excerpt, or traliscr•ihc �rny� prrtirient dOCUnlelits, papers, records arld books 0f file Grantee itlld oit f Persons or org�rniz�rtions t�t-ith ��hich the Grantee may contract, involving transactions rclrttc# t« the era cct and this Grant ALgrQeIllent• I J Reports I ?li Giar�Ecc. pit >LPc11 fillies ar+ci in ;uc11 fbrrl].5 .rs tilc� Dcpartt11�r1t y mar«ltrir . �� itll yl, ill iurni.11 ti c lac ;rr1r11� r1E ytrcll pc�r•iv�lic repc}rt5 _js it �ll�1y rccltic��t ptr-tainirl� t�? Ehc �}etivltl�_s �trl�icrt�tl:erl l�urszjat3t to rtr�s C;rant A,rvemertt, «,se -tart rcpc�rt, the casts died obligations incurred i11 %orlrlLctioil tI .ind trr1) other rllattel-5 covered b� this Gratlt ;�,7 ,. lQrew� th, �r Ec.nlcnt. Retention of J�ecrjrds The Graw-ce Shall 1et,1111 IIr1.1i1Ciitl :u1d ��tllcr rccrrrcls rcl�ltirlg t() tilt perform rnce cat tJii, Grant :lgrc�ttlerlt E'c�r a I]trlS�d 1)1', ix��',irs frOrll EJIc L1�lEl' 1�hell t11� lina) tIflanclal 5l ltll5 r�pt)r"t i5 �llbrllitl�c1 10 i11� ()tpittilltrll, C}C Ur1t11 Iinal resc>!ritloll of;tr1y ,tuclit lirlclirlgs• cl�}it11s, or (iti-ILltion rc9,tteiJ k) the ,r;int. i 1t'�i'ti Ji•1 (. 7 � :'i li, lr/S l' � �1', lI7I f,.'�'J}'JJJJ! !llrli r: JJ 1JI' • l Article S. Assignability flie Cirmitec shrill riot rlssigtl Zilly interest in this Grant �lgrccmcnt and shall not transfer any interest in tlle saute (whethcr by assi�gnmont or novation). article 9. Financial ,Management and Accounting The Grantee shall establish and maintain a financial nlanagernent and accounting System that conforms to generally accepted aCCOL111ting principles. Article 10. Program Income Program inc;orne Earned during the award period shall be retained by the Grantee and added to the funds committed to the award arld used for the purpose and under the conditions applicable to the use of award Rinds. Article 11. Amendments and rModifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions ofthe Grant Agreement. Article 13. Obligations Regarding Third -Party Relationships None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Article 14, Conflict of interest NO ut'ficer OF erliplo}eti of tilt Dupartmtrnt; 110 member, ot.ticel', Or et-rrplo}ee of the Grantee or its designees car .1gents: no member- of the: Uovcrning body of the jurisdiction in which the' project is lmdcrtaken or locatcd; anti 110 odler o111 ,111 or Such Ic.1calitc' or localities who exc°rcises an} lirrrctions or responsihihtics \z itli respect to the pru,cct .luring 11i5 or i ,er tenure, ;1�,:[ll have ;in\ pr,rsonol f)r pe:crrni.[n� gain or interest. direct car indirect. rn} c��ntr.tct, szrhi��ntr;i, t, ter rile procct cls thercot'. for �t-�.>rl: to ire pertorr�l��d in curltltction t� itll the project tssr5Icd I.lncler t��iw C.ira[�t ,11�?"Ce�l,csr�t. [lie Grantee shalt inc'orp0l'Itt, M' cL-luse to inco[-l)or'ate. in all such Contracts or subcontracts, a pro\-isloll I?r'Cililbftlllt7 such irit�['est ptrr'sllar't to (Ile pirr'posc of this provision. Article I 5. Political Activity No portion o1'tlle funds provided hereinullder sh',ili be used for any partisan political activity or to ful-ther the elcooll Or defcat of ally candidate for public ofiice or influence the approval or defeat of wily b�iilot isstle. Article 16, Notices Tile Grintee shall colriply tiNjth ',ill public notices or notices to individuals required by applicable State and federal laws and shall main tain a record of this compliance. Article 17. Prohibition Against naymeNt of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in paynlcnt of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical Consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs, Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds, The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law, The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as man outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for onl those purposes set forth herein, the Department may take the following actions: y A. Suspension — After notice in writing by certified mail to the Grantee, suspend the grant and withhold an further payment or prohibit the Grantee from incurring additional obligations of grant funds pending g corrective action by the Grantee or a decision. to terminate. Response most be received within fifteen (1 S) days of receipt of the written notice. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination, Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties, Article 20. Withdrawal of Funds in the ctietlt funding, fro,,, the state; Federal, or other sources is w'thdra-,,m reduced, oi- lirljited in any tivti .titer tilt effective date of this Grant Alyl-,'elllcnt and prior to ilnrnlal cunlplctioll, the De artmc:nt inav ternll11L`il File �t!�!'et 17Ten{ reduce I'undill 7, �, or rc�-nugotiatc subject to those new Minding hi-nitations Find conditions. A termination under this 31-ticle shall be i Of this Attachment. illpleinLllted under iITe same conditions as a tr rnlina{ion tirlder Article !�� 1r•ticic 71, Rcco lerr of Funds it1011 cat the t(:rnl5 of ncc Gait .1,rc'LnTcrlt ilti' File C;r:ii tee, the f�cr7clrtl»crlt lTltl� itlstltutc actions to reec)tic r �111 or part oI the project funds paid to the Gr3lltce, Rcpak lnent b� the Gr,lntce of�_1-1ral flulds under this reco�,el'} pro'yiSioll Shail OCCUr within thin), t3011 daNS ot'de a 1llatlU. All remedICS conferred on the Depiil-tilient by this agreement ur aria cother ills{t'ttrilettt al :i��reclnenC are lillltti�tlVC, not C.1Cl�ISllt , 1nd may [)s t'�c'1C154'd CC)llCu1-1'elltlV Ur Coll-Sc CUIItiCjV tit the D4'pal'tlncnt'S op{IQl1. Article 22. Disputes f:xeept as Wherwiye provided in this iigree lllellt, .any dispute concerning �� clue scion of fact arising u[�dcr this agreemcr�t that is not disposed of by mutual ,agreement shall be decided by the Department, which ;hall reduce its decision to writing and mail, or otliet-wise Furnish a copy tller-eof, to the Grantee, The decision of 1110 I)cpZrtr»ent shall be final and conclusive, This '`Disputes" cl.ruse does not preclude the consideration of questions of Inw in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreeme[jt Shall be construed as making final the decisions of .3n of law. y administrative official, representative, or board on a question Article 23. Jurisdiction This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska, Article 24. Ownership of Project/'capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. Article 25. Site Control If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. Article 26, Insurance The Grantee is responsible for obtaining any necessary liability insurance. In addition, the Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement, The Grantee shall require any contractor to provide and maintain Workers' Compensation insurance for its employees as required by AS 23.30. The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance. Article 27, Subcontracts for Engineering Services r In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than tIle amount of the entire; project. krticle 28, Go%-vrning 1,11V Phis (Ircrnt ,1�rcen�cnt is 4�overr�cd E�y [he l�i�ti5 oi'[13e State .�f liasl~a. The C;rantee diall pe:rf-firm all aspects e,t'[l;is pr��j��ct ire contpiilnce .ti ith nce li:propri;sre ;a��. and regr�l,itions. II is [hc re'-pc>n5ihilih of'riie Grantee tU �r 5�.+rc i{Ilr �ii �icr�i�its rccitrir�'ci ti?r [fie titrLIC,wil 'Inca Opcmrioll ()I this proicct M [lie i:c�#crai, Stitt, or 1_�tiii �E1ti�1I2117C rlt:i have !? lI� obta[nccl. . .. .. _ .... 6 Article 29. Budget Flexibility Not%vitfistanding the provisions ol' nt-ticle 1 1, Attachnlent C, the Clr<tntee may revise the project budget in Attachment A witltout a torltlal ainortdrticrtt to this agreement. Such revisions {lrc limited within �rlcft line item to a mamIM1111 of ten percent (10",O) of the line itell, or $10,0{�0, Whichever is less over the entire' tcri of this agreeincilt. Stic h Ulldll gi t revisions shall be limited to c;hantles to existing budget line items. �3ird��et revisions may not be used to increase �lrt bud'J� buci�T = y �c t item for project administrative expenses. Changes to the met beyond the limits authorized by this provision may ollly be made by a formal anlendi-rent fo this agree inent, Article 30. Eglral Employtnerit Opportunity (EEO) The Grantee may not discriminate against any employee or applicant for crltployrttent because: of race religion, color, national origin, age, plia-sical handicap,sex marital status charf�J= pregnancy or parenthood. The Grantee shall post in aconspicuous place, available to employees t3status, applicants for employment, a notice setting out the pi•ovisiorls of thisparagraph. and The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, that it is are equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood, The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by an of its contractors, so that those provisions will be binding upon each contractor or subcontractor. y Article 3 1. Public Purposes The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public Purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status pregnancy or parenthood. If the Grantee is a non -municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non-profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20-290-10-20,452 Article 32. Operation and Maintenance Throughout the life of the project, the Grantee sh�111 be NSporlsibl£ for the oper,ltion and maintelt�lnce of ail faeliit",, Ccluiplrient, or other items acquired tinder this grant.y Article 33, ;kssurance idle Cir;lntee sl,lll ;pent) monies �l�tar{lCcl ler this 41'aitt Ear the pulpertiCs Sp4°ritied in this ,,It ;trticle 34, Current Prevailing R�Ites ,}f NN'age Ccrtiiit �rartt projCcts are Constrained b\ t1le prov'sions of ,1S 36. PLI3[.[C CONTRACTS. To tile e.vt rtt chat such previsions apply to the= project tkllicl} is the subject ol'tftis Cirantgrcement the Grantee l pay the Current prevailing" rates of w1ge to empl()yces as rcclUlrod by AS 36.0� t110. 7lle Granteeal o151 all ricluir= art} contractor to pa}' Che ctlrr�itt pievailiit�9) rates of 4i'agc is reel lirCd by A-S 36,05.010. ? ;;n.., J, -�: �?.sir:. .,.�i;; 1 ,�-,�,��-<•u� r1;•t, l,t�����rr r Article 35. Sever,ability If any provision under this Grant Agreement or its applicatiola to any person or circulraslance is held invalid by any court of rig€1ttial jurisdiction, this invalidity does not of lect other provisions of the colltrilct agreela�ent "liicll can be givela effcct without (lie invalid provision, Article 36. Performance The Department's Iailure to insist upon the strict performance of .any provision of the Chant Agreement or to Qxercise any right Based upon breach thereof or the acceptance of tiny performance (luring such breach, shall not constitLlte a waiver of zany rights under this Grant Agreement. Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign immunity, it is a requirernent of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements The Grantee shall comply with the audit requirements established by 02 AAC 45.010, set forth in Appendix A of this Grant Agreement, Article 39. Close -Out The Department will advise the Grantee to initiate close-out procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close-out and that the following criteria have been met or soon will be rnet: A. All costs to bo paid with grant funds have been incurred with the exception of close-out costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the Grantee's failure to Finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title l of the ADA prohibits discrimination against persons with disabilities in elliployment and provides that to reasonable accormnod,ation be Provided ror applicants and Qinplo4eL;s. ,Title fl Of th(: ,let prohibits public :lgencie5 from di5crilrtiinating against individuals with disabilities in the pl-()visiorl Of set-vic s, programs, or acfivines. R(:asonable accoljjm()datfon caari.st be Evade to eta5ure or illow access to all wr�,ices, programs, or activities. This section of tine Act includes physical iccess to public facilities and rct�uires that public tintities Ia�ukt. it ncce 4slr�, Intl;c� I1a(�diticati(aEzs totla(ir fae IIIEILs to re#a�(}4e l)hv}icai barriers to ensure access 1)y ��i.5al)EIItEes, 11! new corstrLlcti(�l1 E,1ust ,IkO ?�e ;a�L4_;5ihic to P�'Es��ns t�Ilh d#�trl�fllties.:� public �Eatitl :i Slil�?1iliatel'S or �_-ol lydctors Ialtlyt ill -SO COPI- k tWh the ADA pro�islolls. Grawees are reSpon'slble !;'or aS,eErir'� llaeir cc>nll}lianc:,: \N ith tl;e ADA. - r �r�,,(�;,rl�` / �� �;liltlrtr � �r•�itl i�,r��-u:, ill (�Irr.l:u;�•�r; r - Appendix A Audit Regulations CHAPTER 45. GRANT ADMINISTRATION 2 AAC 45.010, AUDIT REQUIREMENTS (a) A state agency that t raters into a Financial assistance agreement to provide financial assistance to ancoordination with any other state agencies providing financial assistance to that entity, require that entity entity st to e department an audit of the recipient entity if that entity is subject to an audit under this section h to audit submit to the conducted and submitted as described in this section, In order to ensure compliance with this subsection, audit must be must include the audit requjrements of this section must be contained in any tinaneial assistance agreement astate agency subsection. g subject to this (b) An entity that expends financial assistance with a cumulative total of $500,000 or more durirt submit an audit report for the audit period to the department, by g the ent' ity's fiscal year shall (] } the earlier of (a) 30 days after the entity receives its audit report for the audit period; or (b) nine months after the end of the audit period; or (2) a later date than the date calculated under (1) of this subsection, if (a) the state agency that provides the financial assistance agrees to the change of date; and (b) the agreement tinder (a) of this paragraph is made in (1) writing; and (ji) advance of the date calcr.I[ated under (1) of this subsection. (c) An audit required by this section must be conducted by an independent auditor, according to the followin effective at the time of review for the audit period: g audit standards ([) Gove1-ninent Auditing Stc.,ndarEl adopted by reference; s, July 2007 Revision adopted by the comptroller general of the United States, and (2) Generally accepted auditing standards, as accepted by the American Institute of Certified public Accountants Codification of Statements on .auditing Standards in effect as of January 1, LOti$ for the type of entity being in the adopted by reference; y g audited, (3) State of4laska Audit Guide and Compliance Supplement for State Single Audits, May 2008 revision re department, adopted by reference. . p par ed by the (d) An audit required under this section must report on the following: (1) The system of internal controls of t auditor's identification of significant deficiencies and material weaknesses of the entity, he entity and the out in (c) of this section; {2.) file entity's compliance with applicable state statutes and regulations and ]acabicale sble tandards set -issistance agr•eemunts aflectinl� rile cxperlditur•e of the Financial as the report must identify Findings and financial gticstjoneci costs that ��.�ceed Sj,�j(){} in the ag�.;rey�ate for all tr�Insackions ofcxpendittrres tested E'or• the financial .mown king audited; (3) the entity's financial sta(clllents: {-a) the schedule of State Financial assistance; :lrld (5 the schSyistance Eir�dil�gs rind ciue:,tir�Iled costs. ) edule of I- p()l'( rccluiI1:J ul-K:lcr this section. a recipient must providetilitteil e;)Illillt rats (lr) lilt (,l (irl t� ' t�i) i�nl)l1't7 �iu�5t )ned iU�t'i: (CI t-litilt';int ,�i'fill�'t1Cit's. inCjuding 111;1(crial tiZ,llin�5�lti: .•1 (tfll-�, ��irli�iilleCl 1il rl]C Itl�it rvport: t?) till` '2ntil S p4ln Cor Cj)l"i•CCtll�t ICtIi)Il, it 1n\ Irl7dlil rill ! i�} f'( C�?ilil7ll nCl.it3()115 r_t f�llllllel dltic,rls ,Ire made irl the ,Illdit report. (31 tilt >ldr[is ot'tllt' elltit}'S inlplrlllerlt:tti�,n 11I�:lII��C?l�lllslFor`d or ln} a�tic�ils related tO (A) the audit reports required under this s�>cti��n #r�r the fiscal }t�lr i tl0l] tile; ;Itidit eCol. corr•ecti�c +il7resc3i�-� d Iflidings of audit I'CPOIts rc�luire;d by this section for audit periods before ihe]sf; Spt°cjficdpI St lflf tB) iaara �rr,[�Il; and () a \kritten c xp]'Inatioll Of tile reasons tvhy cof•rective action t� ill not be taken it file emit does clot intcl,is lc) take cui rectivc Ictic,n tin the findings and I'cconlinendations In ails' audit report required by this section,} d tf) 1n ltli:Jit i'ept�rt reClllired Illldt'l' this ticction need not eVditlale Ills' tFlet'tilet7t'SS , 11 ',I�',lstaflce. Ili?1541�r, ,} I�t(}�t,llll �'1 iltlatll3ll Ur iln�llllJ it Irl{)Tlltl7!'? � F 1 pf0yfa111 fl idL!d Ivy St;ltc' lin(Ir1Cl it ITC eiltitt h� rile 51;1tc ;1�� ' , . , 11 i11ElV }1� Ct)l1dtlCted i�ti file state ;l �enC1 01, rc W1k:Jfed of IIC; iJlLit ellleltd Into the IlilarlCl ll 51515taIlCe EIrLeillt'Ili. , 3 (g) An L3udit required by tilts section must cover the entire oftcriltiolls of the entity. (h) Ail entity shall provide the department with sufficient copies of Cach audit report to allow submission of a copy to such state agcticy providing financial assistance to tilt` entity. The department will dtterrltine if auditing standards have been atlet and wIII forward a copy ofthe audit to the appropriate state agencies. Tile department Nvill coordinate the assignment of the resolution to one state agency, if the exceptions concern more than one state agency. The ;applicable state agerlcy providing f111a11clal assistance', to tilt._' Chitty r1li,tst Meet its responsibilities under' other law for ensuring compliance with the midst report. M Unless additional audit requirements are imposed by state or federal law, a State agency that provides Financial assistance to ten entity shall accept the audit required by this section ill satisfaction of any other audit requirement. If additional audit work is necessary to meet the needs of a state agency, the audit work must be Based on audits required by this section. Nothing ill this subsection authorizes a state agency to.seek payment from the entity for the additional audit work.. U) A third party that receives financial assistance through an entity, in an amount described in this section, is subject to the applicable requirements of this section. An entity that disburses S500,000 or more in state financial assistance to a third party shall ensure that the third party complies with the requirements of this section. That entity shall also ensure that appropriate corrective action is taken within six months after a third party's noncompliance with an applicable state statute or regulation, or financial assistance agreement, is disclosed. (k) Repeated 7/ 1 /98. (1) For purposes of this section, if an entity has not identified its fiscal year, that entity's fiscal year is July I through ,tune 30. (m) Financial assistance in the following form is not included when calculating whether an entity meets the threshold monetary requirement under (b) of this section: ( I ) community revenue sharing money provided under AS 29,60,850 - 29.60.879; (2) Repealed 3/31/2008. (3) aviation fuel tax money provided under AS 43.40.010; (4) electric and telephone cooperative gross revenue tax refunds provided under AS 10.25.570; (5) alcoholic beverage license fee refunds provided under AS 04.1 1.610, (6) fisheries tax refunds provided under AS 29.60.450, AS 43.75,130, and AS 43.77.060; (7) PERS/TRS relief funding under money appropriated to pay employer unfunded liability attributable to the entity under AS 14.25 and AS 39.35. (n) Financial assistance in a form listed in (m) of this section is not exempt from compliance testing if the entity meets the threshold monetary requirement under (b) of this section. (o) Repealed 7/l/98. (Eff. 8/1/85, Register 95; am 6/29/90, Register 114; am 7/1/98, Register 146; am 3/31/2008, Register 185; am 8/1/2008, Register] 87) Author try: AS 3 :".05,020 :'1S 37,05. i t)0 2 AAC 45.060, EXTERNAL (1LALITY RF;VIE" OF A DIT ORGANIZATION Rcpe;tled. il.:3f. 1 11$. ;Zt'L:aster I )f�; t'e17r_' r1Ld ,i I �'tjli,q, lZltiiS(f r i 841 2 A -,AC 45.0-:19. APPLICABILITY {�t) 1-he amended versiutl of this chapter, effective ;1u`uust !. ?{)08, applies to rn Audit fc�r u1 audit pc ri«d that bc�iits or t'�tiltinucs after ;ltigust i. 200$. !17) :1n etltit} lie subject to file pi on is101i s 0 tilt amciided vlCf-si()r, o1 this chliptcr, effccri,c :1tI21.1st I. 2,008, f'or,tn ;t.il.fit peric�d I�c+�,i i1in 011 or,lfter July I. ''007 'ind enditly 011 M' b,2torc ='008, bN %okintank "tibill'ttiil (1) ;its ,}ticlit that cut1jl�lit's ti%itll those fir{}visi«n5: �tr rl ` (2) a statI:rt7cnt tlt;rt an audit is not required under provisions of 2 AAC .15.010(b). (hfl'. 7,'1,18. Register 146; am 3!=3I,,2008, Register 185, am 8/1/2008, Register- 187) 1luthor ity: AS 37.05.020 AS 337,05, i 90 2 AAC 45.080. EXEMPTIONS FROM FINANCIAL ASSISTANCE (a) For purposes of this chapter, "financial assistance" does not include the follo�vinlr: tinder AS 47, ? (1) public assistance provided (-} moods or services purchased for the direct administration or operation of state governrtlent; (3) moneys advanced to an erItity under one or more state loan programs, (4) power cost equalization payments made to an electric cooperative on behalf of its customers; (5) scholarships, loans, or other tuition aid provided to students, but paid to an education institution on their behalf. (b) In addition to the exemptions set out in (a) of this section, for a third party, "financial assistance" does not include goods purchased from the third party for direct administration or operation of the entity that received financial assistance. (Eff. 7/ 1/98, Register 146) Authority: AS 37.05,020 AS 37.05.190 2 AAC 45.090. DEFINITIONS For purposes of this chapter, unless the context otherwise requires, (1) "audit period" means the entity's fiscal year in which the entity expended financial assistance; (2) "entity" does not include (A) the University of Alaska or any other state agency; (B) a for -profit entity; and (c) a non United States based entity; (3) `financial assistance" means state grants, contracts, provider agreements, cooperative agreements, and all forms of state financial assistance to an entity; "financial assistance" includes all f0TMs of state financial assistance provided throt! h an entity to a third party; g (4) "known questioned costs" means those questioned costs specifically identified by the auditor in the audit conducted under this chapter; (5) Repealed 3/31/2008; (6) "department" means the Department of Administration; (7) `significant deficiencies" has the meaning given in Section 5A I a. of the Government Auditing Standards adopted b reference in 2 AAC 45.010(c). y (Eff. 7/1/98, Register 146; am 3/31/2008, Register 185) Authority; AS 37,05,020 AS 37.05,190 Appendix B2 Insurance Article 1. Insurance Without limiting contractor's iridernnification, it is agreed that the contractor shall port hIse at its own expense and maintain in force at all times during the performance Of services u11der this agreement the following policies of insurance. Where specific lirliits are shown, it is understood that they shall be the 1111nirzlum acceptable limits, if the contractor's policy contains hither limits, the State shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non - renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 1.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23,30.045, The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection is not less than $100,000,00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL & H and Jones Acts) must also be included. 1.2 Comprehensive (Commercial) General Liability insurance: With coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises -operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. 1.3 Comprehensive Automobile Liability insurance: Covering all owned, hired, and non -owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 1.4 Professional Liability Insurance: Covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Rewired Limits Under $100,000 $100,000 per occurrence/annual aggregate $100,000 - $499,999 $250,000 per occurrence/annual aggregate $500,000 - $999,999 $500,000 per occurrence/annual aggregate $1,000,000 or over Negotiable - Refer to Risk Management rr , - ,;, 4 .�.�. _ i �, .�',r•rJ.�•i �', �,+r:N;t:- l:rcllrt !`���.�+r..�rr! i��� �•�l�iry 1i..' ,� Appendix B Audit Compliance Supplement Grants to Municipalities i. Program Objectives Audlorized and adrtlittis1Q?-Cc1 ut�cler riS 37.05.315 - .325 The , grants to "runts .rre d�sigllatcd for use on various capilal proiects and activities,municp�lltties are made at the rJiscretion of the Logislaturc, 2. Program Procedures Once the authorizing legislation becomes effective a gy �tarrt agrfrern�nt specifying the pc,r-pose, terms, and conditions of the grant is executed with the Municipality. 3• Compliance Requirements and Suggested Audit Procedures A. Types of Services Allowed and Unallowed Com liiance Re uirement Grant Funds can be expended for a variety of purposes as provided for in the authori ' legislation and as specified in the grant agreement. zing Su ested Audit Procedure Review the grant agreement and: related records to determine if the funds were ex in accordance with the terms of the agreement. pended Com liance Re uirement The facilities and services provided by the grant must be available for use of the en public. general Su a ted Audit Procedure Determine whether the facilities and services provided by the grant are available for use of the general public, the B• Eligibility The auditor is not expected to make tests for recipient eligibility. C. Matching, Level of Effort and/or Earmarking Requirements Cam liance Re uirement The appropriation or allocation lapses and the municipality must return to the state all grant funds received for construction of a public facility if substantial, ongoing work on the project has not begun within five years of the effective date of the appropriation or allocation, g Suggested Audit Procedure Examine financial records, reports, and supporting documentation to determine i substantial, ongoing work on the project has begun within five years of the effective date of the appropriation f allocation. Expenditures alone should note be a determining factor; site visits, photographic documentation, ttation, and/or interviews with contractors may be required if ongoing work is in question. D. Reporting Requirements Compliance Requirement The grant agreement will specify the reporting requirements to which the grantee must adhere, g Suggested Audit Procedures Examine re orts t,r1cl su d , 1' laportrng ocuri�e ntatiorz and 4trify conlplc;teness, LIccurZICy- and timeliness of subt77ission. �'erif� that required ,rpprov,11s ware obtained and that expenditures And matchirlu c01111butions were «'ithin trVvt. IA perfOl-Mance period. F. ,Special "rests and Provisions C(,mDlrance Ron rrit'errreFit 1'hc� ,.�l,t :I��r�_�'t?�c�Jt I'��-�.lircl���latti t�� ; I ' .. rcclpicnt is to AJc lel-e. I SULILtc'sted Alidit I'F•recedurvs ltevle:4 t}1% -- t� e!r�cr�t, identify ,.Il�t t�tliir ,!laplic;ihle Lc l,7pliar;cc L' pr��v i,1c,i,ding the 'standard prat isior�s. and '~fern`)- that the re IM'errrents wre met. isicans, Appendix D Special Requirements and Assurances for Federally Funded Projects Federal grant requirements are not applicable to the Designated Legislative Capital Grant program. Ir.L't;slIi1/,� , •trr rr��n�.�,tt 1, , Appendix E Site Control 1. ,Site Control The Grantee must provide evidence of site control for a project that involve?s alp inc[ttditlg bti]t 'lot limited to, Coll stt•L]ctioil , renovat]an, utility projects, Fuel storage, roads. L]sc of land, � ,and trails, As ,;I 111ininlUrn rcqui]-c"Ie 1t, the Grantee should obtain a "sufficient interest" that allows the right to use and occupy the site for the cYpected useful life of the building,structurethe Grantee improvement. Generally, the interest obtained should be for at least 20 ears. ceor other depends upon the nature of the project and the land states of the site. Site c sufficient ins rest identified in Section 2, control options are For a project planned on land that is controlled by a public agency, the Grantee must authorization, for use that is required by the public agency, obtain whatever 2. Site Control Options .Below are some examples of documents that may be used to satisfy site control r various community facilities/projects. The terms and conditions contained in each document .for examined to determine adequacy for a specific project, cement must be Community Hall Clinic Tire Station Bulk Fuel Storag UurnD D ., 1.J: Deed Lease Easement � d V V v V 100 Use Permit License Cemetery - Dock VO Campground V Generator Building WO � Multi -purpose building v d Laundromat Water well/Septic Village Relocation 0 O 40 ;Agriculture Project VOY, StwaZge Lagoon d CUniirtLin feation SiteRoad 5 d Tra,ii ("?5"1 d l_Jite d d Pipeline -- � V � d � Appendix F State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or chL1119C of occupancy of any wilding/structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential hoLiSillg that is three -plea or smaller is exe"Vt from this requirement. Exception: "I'he following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire -extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal .for examination and approval. This review does not address structural considerations or accessibilit requirements, Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining tan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same erson is an additional charge equal to the amount of the standard plan review fee for the project. p Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 Appendix C State Laws and Regulations Municipality Public F{Iciiity Operations and ,Maintenance ---AS 37.05.31;(c) En accepting a D1Ilt under AS '.05.315 for construction of a ubJic h, -I-t will operate and Maintain the facility for the practical life of the facilit , Y' a 111unlc.lprrltty coverl�3rlts with the State tllat it to operate or maintain the facili or } and that the municipality %011 not look to the State tY pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the Oran repair or improvement for which the grant is made will not substantially increase the operating main t 1s accepted if the State, g or maintenance costs to the Restriction on Use` ---AS 37,05.321 A grant or earnings from a grant under AS 37.05.315 - 37.05.317 may not be used for the purpose of influencing action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, legislative delaying or seeking to do the same with respect to any legislative action but does noinclude theprovision opposing,use or information, statistics, studies, or analyses in written or oral form or format. A grant or from a nor use under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative made under pursuant to a specific request from a legislator or legislative committee. g $ true action unless Hiring Preferences --AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires com liance w' Preferences under AS 36. 10.150 _ 36.10.175 for employment generated by the grant, p Ith the hiring Historic Preservation Act —AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, governmental agency of the State, or by a private person under contract with or licensed by the State or a ovemme to agency of the State. The Department of Natural Resources must be notified if the construction is planned for 1 archaeological site. The department may stop the construction to determine the extent of the historic p ' i an archaeological values. prehrstoric, or Fire Protection ---AS 18.70 This chapter of the Alaska Statutes requires the Depsrrtmc.°nt Of 1'trbEic Scifety (the Slate Piro titars11a1 to adcl �7 (c:urrC11i'ly in the formof'Uniforni Fire Code, as anlended) cstabiishing n-linimuill standards for: i pt re�c!l,rtions l 1= ire detection and suppression equipmelit: I_,1V; dlld WIc Safety criteri�3 in comlz1et'cid]. industrial, bLISincrsS, institutional, or other �ul�lic J'c5ldentic11 1)urpclses containing tour ar nliil'e JIti,Cjling units; ) Idlllvs I.l;cd for LIl1 :rl (11 ICE in 14h11 h colrll7s.14tlf,le c?I' t .\1)IOSi! t' 11l�ltel'l�lls ;li'C yWI'Cd or' pLrt�l�el't� . !1i1_1) 1it;rld(�lj coir11u!;trtdi(iotls or ltlri,l :l tl,il(t�5deL iiti1' t:4tuse in' 10 per,r,llJ err Env iron Ment',11 Conservation----ekS 46.03 l Jlls Chapter M the Alaska St;ltUtf'S 111.}plies to tit }C 111unlcipll't, �LindCould sclb)ect tl1c111 iU CrifUl"CC it"ICn[ ;iCC1 nS ' :11ay11 ] r)�p irC!?1t r1[ C,f f Ell lr(,r1r17Cllt<91 t t?ll5t't'1;rrlt,ll fOr ;l11', );lr1d lnd 15;1[t r r1tII5<i11c�5, LindC'r and I11jCIti.It{ C{ bt the lnrrrltiip,rlitl at' I,i)(f3 0=' lll(Ire. 1uld illa} �s[abtislh d lot;;ll tlir Pclllrrtion control l�rc,_wr;lrrl. fir l t�lllltion 111 a 8 Alaska Coastal M.,arragement Pr )gram —AS 46,40 l-his chapter of the Alaska Statutes establishes a planning progran torthe use, management, restoration, ❑rld ellhaneerllellt Of the overall quality of tllc COL environment. The laiv provides tor• the creiatiorl of coastal resource districts ,and the j establishment, review, and approval of district managtmc,nt plans. If a distriLt nlan�i�Lmcnt plan is not itllpletl�crlted, enforced, of, complied Avith, COO). action may follow. I Permits and Environmental Procedures Coordination ---AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing e rlvir-o,lmcrltal permits issued by State agencies- The law requires a master application form and specifies the following pernlits including others designated by the commissioner to kvhich this law applies: Access Roads Permit —AS 41.21,020, 11 AAC 12.020 Air Emissions Permit —AS 46,14.140, 18 AAC 50,030 Anadromous Fish Protection Permit —AS 16.05,870, 5 AAC 95.010 Authorization for Tidelands Transportation --AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal permit AS 31,05.030, 20 AAC 22.252 Burning Permit during Fire Season --AS 41.15.060, 11 AAC 95.410 Coal Development Permit —AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit —AS 16,20.510, 05 AAC 95.420 Dam Construction Permit —AS 46.17.040, 11 AAC 93.171 Driveway Permit —AS 19.05.040, 17 AAC 10.020 Encroachment Permit —AS 19.25.200, 17 AAC 10,012 Limited Personal Use Permit -'--AS 38,05.820, 11 AAC 62.010 Miscellaneous State Land Use Permit —AS 38.05.035, 11 AAC 96.010 Mineral and Geothermal Prospecting Permits —AS 38.05.181, 11 AAC 82,100 Open Burning Permit —AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials —AS 38,05.110, 11 AAC 71,025 Permit to Appropriate Water —AS 46.15.040, 11 AAC 93.120 Pesticides Permit ----AS 46.03.320, 18 AAC 90.300 Preferred Use Permit —AS 46,15.150, 11 AAC 93,240 Right -of -Way and Easement Permits --AS 38.05.850, 11 AAC 58.740 Solid Waste Disposap--AS 46,03.100, 18 AAC 60.200 Special Land Use Permit —AS 38.05.035, 11 AAC 58.210 Special Material Use Permit --AS 38.05.115, 11 AAC 71.025 State Game Refuge Land Permit —AS 16,20.050 - 16.20.060 State Park Incompatible Use Permit --AS 41.21,020, 11 AAC 18.010 Surface Oiling Permit --AS 46.03.740, 18 AAC 75,700 Surface Use Permit --AS 38.05.255, 11 AAC 86.600 Tide and Submerged Lands Prospecting Permit --AS 38.05.250, 11 A AC 62.700 Tidelands Permit---:kS 38.05,035, 11 :SAC 62.720 Tidelands Bight -of -Way or Easement Permit ' AS 38.05.820, 11 -AAC 62.710 Utility Permit -AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit—,�S 46.03.100, 18 AAC 12.010 Welter Well Permit —AS 31.05,030, 11 AAC 93.140 ��,'�,. tilf�il,,1 •L'�i;��r(fi�: �fl�.�'r'�'�''I7,'171 r:�'l �,. !.•, 1'l �- ( , Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF SEWARD AND THE LAW FIRM WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE AND BROOKING WHEREAS, the City's law firm has been providing legal services to the City of Seward since February 23, 1993; and WHEREAS, the hourly legal fees have increased only once since the original attorney contract was negotiated in 1993; and WHEREAS, the amendment before Council for approval represents a change in hourly fee for shareholders and senior associates to $195 per hour; and WHEREAS, the contract contemplates a year to year renewal of the contract until such time as the City terminates the contract for any reason, or the law firm terminates the contract with ninety days' written notice. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council of the City of Seward hereby authorizes the city manager to enter into the Amended and Restated Legal Services Agreement attached hereto. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28t'' day of September, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 85 Council Agenda Statement Meeting Date: September 28, 2009 From: City Manager Phillip Oates Agenda Item: Recommending Approval of Resolution 2009-094 Amending the Contract with the City Attorney BACKGROUND & JUSTIFICATION: The law firm of Wohlforth, Johnson, Brecht, Cartledge and Brooking has been providing quality legal services to the City since 1993. Since that time their rates have increased only once. The amendment presented at this meeting reflects an increase in the legal fees, which continues to be substantially below prevailing rates for legal services in Alaska. The administration periodically assesses whether it remains prudent to contract out the legal needs of the City, as opposed to hiring staff in-house to provide legal services. We continue to believe that the outsourcing of legal services provides a broad range of legal expertise, which would not otherwise be available by hiring a single individual. The law firm has numerous experts available to address specific municipal issues (land use, capital financing, personnel, contracts, etc.). No other changes in the City Attorney contract are proposed at this time. The City Attorney will continue not charging for time spent traveling to and from Seward for one meeting each month, or 12 visits per year. ATTORNEY REVIEW: Yes CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward city Code, charter, Comprehensive Plans, Land Use Plans, Strategic Plan and city Council Rules of Procedures. FISCAL NOTE: J&_t�o The change in fees from $175 to $195 per hour will be incorporated in the upcoming budget to be presented to council. In 2008, the actual legal fees of the City's funds (excluding electric fund, which hires other legal experts), was $172,350. Based on the hourly cost increase, the approximate additional annual cost to the City is $19,647. It is unlikely the City would be able to fund a staff person, and provide an office and access to law library resources, for a lower cost. RECOMMENDATION: Council approve Resolution 2009-094 authorizing the city Manager to enter into an amendment to the contract with the City Attorney. P.M. EXHIBIT A WOHLFORTH JOHNSON, BRECHT, CARTLEDGE & BROOKING BILLING RATES Attorneys (7 or more years experience) $195 Attorneys (Less than 7 years experience) $180 Paralegals $95 LEGAL SERVICES AGREEMENT AMENDMENT 87 C:\Documents and Settings\jlewis.CITY-CLERK\Local Settings\Temporary Internet Files\OLKAF\Legal Services Amendment.doc AMENDMENT NO. 1 TO RESTATED LEGAL SERVICES AGREEMENT THIS AMENDMENT dated and effective September 28, 2009, is made between the CITY OF SEWARD (the "City") and the law firm of WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING (the "Law Firm"). 1. Paragraph 3 of the Agreement describing "Fees for Services" shall be amended by substituting Exhibit A attached hereto in place the original Exhibit A to the Agreement. 2. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with the terms as originally executed. City Law firm CITY OF SEWARD WOHLFORTH, JOHNSON, BRECHT CARTLEDGE & BROOKING Phillip Oates, City Manager ATTEST: Jean Lewis, CMC City Clerk 2 88 Cheryl Brooking, Officer LEGAL SERVICES AGREEMENT AMENDMENT C:\Documents and Settings\jlewis.CITY-CLERK\Local Settings\Temporary Internet Files\OLKAF\Legal Services Amendment.doc City of Seward, Alaska City Council Minutes September 14, 2009 volume 38, Page CALL TO ORDER The September 14, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Clark Corbridge. OPENING CEREMONY Police Lieutenant Louis Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Jean Bardarson Marianna Keil Bob Valdatta Tom Smith comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — None COUNCIL VACANCY One CITIZENS' COMMENTS ON ANY SUBJECTEXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jodi Stuart, was excited and thrilled to be repeating the Boy Scout extravaganza next May in Seward, and was looking for support from the council on Resolution 2009-083 to utilize the park areas along the waterfront. She stated the event worked smashingly well nine years ago and hoped the city agreed to have them back with open arms. She notified that the Boy Scouts planned on celebrating their 100th Anniversary right here in Seward. Kerry Martin, also supported passing Resolution 2009-083. He spoke before council nine years ago when the Boy Scouts first came to Seward. Martin stated at that time there were over 3000 scouts present. The first Boy Scout group in the area was recorded in 1910, with a scout named Romig who may have been an ancestor for Anchorage's Romig Junior High. Martin also hoped for support for Resolution 2009-086 which established a memorandum of agreement between the City and the Seward Community Library/Museum Building Committee to transfer up to $200,000 to get to the 35% design process which triggered grants and state funding capabilities. Motion (Bardarson/Smith) Approval of Agenda and Consent Agenda Motion Passed Unanimous City of Seward, Alaska City Council Minutes September 14, 2009 Volume 38, Page The following was added to the agenda: A Report Was Given By Carol Saunders And Kris Ashley Of The Internal Revenue Service In Anchorage On IRS Tax Credit, Education And Outreach. A Discussion On Executive Session Procedures. The clerk read the following approved consent agenda items: The August 24, 2009 Regular City Council Meeting Minutes Were Approved. The Election Board Workers; Jean Cripps, Jean Bardarson, Mark Kansteiner, Rose McSwain and Betty Casey for the October 6, 2009 Municipal Election Were Approved. The Canvass Board Workers; Kim Reierson, Lori Draper, Debbie Bond and Jackie Campbell for the October 6, 2009 Municipal Election Were Approved. Ordinance 2009-007, Amending City Zoning Map By Rezoning Lots 25 And 26a, Block 12, Original Townsite Of Seward From Single Family Residential (RI) To Urban Residential (UR) Located On The West Side Of Brownell Street And North Of Washington Street At 208 And 210 Brownell Street Was Introduced And Set For Public Hearing On September 28, 2009. Resolution 2009-083, Authorizing The City Manager To Enter Into A Use Agreement With The Great Alaska Council, Boy Scouts Of America For The Purpose Of Reserving A Portion Of The Waterfront Park From May 21 Through May 24, 2010, And Waiving Camping Fees. Resolution: 2009-084, Authorizing A New Debt Service Fund To Account For Capital Cost Reimbursements, Other Revenues And Debt Service Costs Associated With Seward Mountain Haven. Resolution 2009-086, Supporting A Memorandum Of Agreement Between The City Of Seward And The Seward Community Library Museum Building Committee In Their Mutual Desire To Develop, Finance, Design And Construct A New Co -Located Library Museum Facility And Directing The City Manager To Sign As The City Seward Representative. Resolution 2009-087 Accepting Grant Funds In The Amount Of $10,000 From Rasmuson Foundation And $5,000 From The Seward Community Library Association To Be Utilized To Fund Production Of A 1964 Earthquake Documentary And Appropriating Funds. Council Member Jean Bardarson disclosed she should have pulled the election worker off the consent agenda since she was listed. Mayor Corbridge reported a conflict did not exist, council agreed, and it was duly noted. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards S0 City of Seward, Alaska City Council Minutes September 14, 2009 Volume 38, Page A Proclamation Was Read For The 16th Annual Sobriety Gathering Sponsored By Qutekcak Native Tribe On September 19, 2009. A Community Invitation Was Read For The Grand Opening Of Seward Mountain Haven On September 19, 2009. Recognition Was Given To The Wilde Family As The Seward Chamber Volunteers Of The Year. Borough Assembly Report. Borough Assembly Representative Ron Long stated his last meeting would be tomorrow in their annual trip to Homer. This was his last official meeting before term limits, therefore would be his last official report. He appreciated the support from the community the last nine years, and noted it was an honor and a privilege that would stay with him for a long time. He noted the community had an opportunity to appoint another candidate and that the public should ask a lot of questions of them and pick the best one. City Manager's Report. City Manager Phillip Oates stated due to budget constraints a City Water and Sewer system assessment costing $40000 had been broken into two phases. The assessment would be performed by Michael L. Foster and Associates. This project was originally funded through a larger State grant, approved by the council in 2008. An H IN 1 workshop was held by first responders on September 10, 2009. A Seward woman's August 281h death had been linked to the H 1 N 1 flu virus, however she had other contributing health factors and preexisting medical conditions that state health authorities believe contributed to her death. As of September 2, 2009 the Alaska Department of Health and Social Services had confirmed 460 cases of H 1N 1 (Swine Flu) in Alaska. Oates stated AVTEC had received funding to erect a large wind electric generation turbine at their facility on 3ra Avenue (across the road near Safeway). Construction may take place this fall and winter. The City would work to determine what permits must be established. Initially the use of the turbine would be limited for their electrical training program. Oates also had a new drug/alcohol policy in final draft formbeing reviewed by the attorneys. Once finalized, this policy would be implemented within 30 days.' ➢ Seward Mountain Haven, the newly named Long -Term Care Facility was near completion and a ribbon cutting ceremony would take place Saturday, September 19, 2009 at the facility. ➢ Finance. Preparations continued to enable public utility customers to pay their bills online through credit card, debit card or e-check, as well as through a 1-800 portal, allowing payment anytime day or night. ➢ Library. Alaskan author Sue Henry was a special guest at a mystery readers and writers group retreat at the Hotel Seward on September 11-13, 2009. ➢ Harbor. Land farming operations were completed on 09/01 /09 with the contaminated soil 91 City of Seward, Alaska City Council Minutes September 14, 2009 Volume 38, Page from two diesel spills at SMIC being spread out in an area of 125'xI00' with an average of 8" in depth. This project was approved by ADEC with the help of Restoration Science and Engineering. Samples would be taken in the spring to monitor the situation. Harbor personnel were in the process of installing a fence around the used oil tank farm at SMIC which was mandated by Homeland Security, and should be finished before winter. ➢ Sports & Recreation. The American Ramp Company had completed upgrades to the Evan Casey Skate Park. The Anchorage Parking Authority was behind schedule with regard to installation of the new automated pay stations in the south lot, due to recent security and ID problems. This project would be delayed. ➢ Other. The Alaska State Firefighters conference would take place. in Seward in 2010 and would welcome approximately 250 first responders. The Public Works department was working on developing a scope of work for $3.1 M in federal earmark highway funds, and the number 3 lift station project which was funded through the American Recovery and Reinvestment Act (stimulus funding) was within two weeks of completion. Oates also noted that $1.6 million was coming from Exxon Oil spill money. He hoped to put $1.3 million in the general fund unfunded reserves and $300,000 to the Seward Community Foundation. Council agreed unanimously to send Vice -Mayor Dunham to the 27`h Annual International Urban Waterfronts Conference in Seattle on October 22-24, 2009. Other Reports, Special Presentations Tom Tougas took a moment to commend Ron Long on his last meeting as Borough Assemblyman and stated Long had only missing one meeting in nine years. Long was applauded by Council. A Report On Tax Incentives And Tax Credits Was Given By Carol Saunders And Kris Ashley Of The Internal Revenue Service. NEW BUSINESS Resolution 2009-085, Authorizing Additional Funding In The Amount Of $226,000 As A Portion Of The City's Cost Share Of The East Breakwater Extension Project, And Appropriating Funds. Motion (Keil/Smith) Approve Resolution 2009-085 Oates stated this project was necessitated because of the design flaws in the original Army Corps of Engineers design of the breakwater which allowed damaging wave action into the harbor basin. This project was a $5 million dollar project, funded with American Resource and Recovery Act (ARR.A) monies and funds coming from cruise ship head tax, because of the security response t� City of Seward, Alaska City Council Minutes September 14, 2009 volume 38, Page that would be located at the mouth of the harbor. Oates noted that if this money was not appropriated, the $5 million project would not happen and he recommended approval. In response to questions, Oates agreed the city would forego $4.5 million dollars if this additional funding was not approved. Harbormaster Kari Anderson stated construction was anticipated to begin in 2010 and in between fishing seasons, probably January through April, and may start again in September. Motion Passed Unanimous Council Recessed at 8:06 p.m. Council Resumed at 8:11 p.m. Resolution 2009-088, Authorizing The City Manager To Enter Into A Contract With Harmon Construction For Construction Of A New Sand Shed For An Amount Not To Exceed $124,692 And Appropriating Funds. Motion (Bardarson/Keil) Approve Resolution 2009-088 Oates stated the city shed was built over 40 years ago, and when the wall was bumped by the dozer, the wall crumbled causing the roof structure to partially collapse. Oates thought it was in the city's best interest to exempt competitive bidding because of the emergency need to repair this shed before winter. Two bids were submitted with AMLJIA obtaining one on behalf of the city. Of these two, the Harmon Construction bid was lowest by $31,000. Oates stated the insurance claim would pay $90,000 of it and recommended immediate approval as the best interest to the city. Public Works Director W.C. Casey stated the floor would still be a dirt floor. It took awhile for the city to settle a claim with AML/JIA because the insurance company claimed the city had not maintained the building. Motion Passed OTHER NEW BUSINESS Unanimous Amendments And Direction Was Given On Draft Evaluation Forms For The City Manager, City Attorney, And City Clerk To Finalize By Unanimous Consent. Council Unanimously Decided To Advertise For The Vacant Council Seat October 7 Through October 20, 2009, So The Appointment Could Happen October 26, 2009 Directly After The Organizational Portion Of The Meeting, To Expedite Seating Due To Budget Approval Timelines. A Brief Discussion Ensued On Procedures And Reasons For Executive Sessions. 93 City of Seward, Alaska City Council Minutes September 14, 2009 Volume 38, Page CITIZENS' COMMENTS Keil encouraged all for getting the flu shot. She commended Ron Long on his many years as the communities' representative. She also thanked the Wilde family, stating volunteers were the backbone of a community. Smith also thanked Ron Long, and knew the drive back and forth to `Soldotna and thought it was amazing that only one day was missed in nine years of travel. He asked the City Clerk to find out and advice on the new format for Candidates Night from the Chamber. Valdatta thought it was worth looking into how King Cove was successful in their energy generation since Seward had area lakes to draw from. Dunham congratulated all participants in making the Long -Term Care Facility a reality and thanked UNIT Company, Christy Terry and all the staff for a job well done. He thought it was a shining example and hoped the community turned out for this grand opening event. He also congratulated Qutekcak Native Tribe for putting together 16 years of sobriety gatherings that were now held in the Alaska Railroad terminal'. He thanked the Chamber of Commerce for making a family the recipient of their volunteer of the year award, and thought Ron Long's nine years with the Borough Assembly was worthy for an acclamation. He also noted that First National Bank employee Irene Ransom was retiring. Dunham told the public they should go see the Lion King Show in Anchorage because it was a great show. Bardarson also thanked the ` Wilde family and Ron Long for their dedication and volunteerism. Although she could not be at the Grand Opening of the Seward Mountain Haven, she was on the Wesley Board in 1998 and getting a new facility was a long time coming. Corbridge wanted everyone to come to the Grand Opening on Saturday for Seward Mountain Haven. He thought Seward was in a great place to be with the building of this facility. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Oates had just given out the Bird Enterprise Fund Rate Review Study for tomorrow's meeting, and needed' guidance about these important funds for budget purposes. ADJOURNMENT The meeting was adjourned at 9:05 p.m. Jean Lewis City Clerk Clark Corbridge Mayor 94 City of Seward, Alaska City Council Minutes September 14, 2009 Volume 38, Page (City Seal) zj5 UC) c N 0 (ts � N r J V Q U � c (ts 0 N 'Q y Of R:3 m U WCM v v (A t� Q N >, OO 7 Q � +_+ W 2 i p 0 R 0 .O a c > o E a o U) d 0 U Cl N 0 a a M h- 2 C14 V cr 3 to 0 m ti 0 co 00 F - O m CN 3 ti C Q 400 O O O O O O O O O O O O O O O O O O O O O O O O O O et N O .- N et O O (D 00 00 N U) 00 N N (D O 00 M cM N N to Lo(DO400 v 1: OOO t0 N 61 00c6N(DOOcM (D tMt'MN (� r O T- N (D '7 CO) N (D N — (V " `� V) O N 00 � (DON (D (D � � MO � MMMMNNq;r � ONNM .-T-U)'44,O tM M OMv (D to Oto O(OetOMV- .-M 00000e- O N 00 O N O (M O to 0p T-M (M u•) M to (o O t'M M 00 e- tO t0 (M 0 0 0 0 0 0 0 0 0 o \ o o 0 0 \ \ \ \ 0 o 0 o a \ o \ o 0 0 0 0 0 0 0 o \ \ \ c \ \ c \ \ 0 \ 0 0 o r- 00 1- C) et (n 0 0 0 M (fl 'V (O v co O O O M (M 00 00 V ctr,000ti ti 1: (600a; T: 0 O00 O(D1-(DC6C;vi (h(nariO O O et (D � N qe r, v v- v- — N M `- v OOI-MM r.- (D OI-Mto v- Met I-001-1`'IT N WN 00 V It M(DN(A M 0) MI- h (0 00'(t Lc) 0v- (Dv- N Oe- v- i- I• 'qt oo (D tf) M to 00 N M q O O M et of et M M as v: OD 00 VZ N (D O) M 00 N O) , 0 0 � 0 M (0 V (D qct 00 N N M Q) et et O (OMOOv 1-- O (DcM0000 00 etN MNMet�v-v-(D I- NNO O0 1- 00 (D M M e- N N N qcr M- et M C) m CO) cM (6 O) 00 00 et V. ti I. 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C O S a N a) A C V m C o a) a) u) a) a U cn U u> N O ¢ N u) C W Q Q O W •� � U d X O N H C X N N N C ( ml1JWZ _c:Z O W W m W w Z s Z O W 98 Sponsored by: Port and Commerce Advisory Board CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2009-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AUTHORIZE AND IMPLEMENT NECESSARY IMPROVEMENTS FOR THE PEDESTRIAN CORRIDOR BETWEEN THE CRUISE SHIP DOCK, RAILROAD TERMINAL, AND SMALL BOAT HARBOR AREA WHEREAS, cruise ship passengers traveling on foot between the railroad depot and cruise ship dock transit and industrial area s frequented by heavy trucks; and WHEREAS, the designated pedestrian path in the area is poorly marked, the surface is ill suited for the luggage users typically have, and requires users to cross Port Avenue at some point; and WHEREAS, the right of way along Port Avenue is operated and maintained by the City of Seward; and WHEREAS, the pedestrian pathway extending southward from Port Avenue into the Small Boat Harbor area and used by the cruise ship passengers and Alaska Railroad passenger is defined along the waterfront by the Boardwalk; and WHEREAS, there is a void at the north end of the boardwalk in way of the TraveLift station, and the area at the head of J-dock discourages pedestrian traffic; and WHEREAS, the City's reputation and desirability as a visitor destination is diminished by the lack of a safe and attractive pedestrian corridor connecting the Cruise Ship dock, Railroad Depot and Small Boat Harbor; and WHEREAS, improvements to this corridor will enhance safety and facilitate more efficient use of the area for cruise ship companies and passengers and others, and thus seems to be an appropriate and legitimate use of cruise ship passenger tax funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. That the pedestrian path between the ship dock and railroad terminal be appropriately surfaced, a safe crosswalk designated and marked, with special emphasis and a wind break at the coal facility conveyor crossing, and adequate and obvious signage be placed in both terminals and along the pathway to guide pedestrians safely through the industrial area. 99 CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2008-007 Section 2. That the Railroad and cruise companies be encouraged to provide a secure luggage drop and transport between the terminals so that pedestrians are free to move about. Section 3. That the north end of the boardwalk be extended to Port Avenue to guide pedestrians safely through the TraveLift area. Section 4. That the gravel/mud area and refuse disposal containers at the head of J-dock be completed to be aesthetically consistent with the remainder of the area. Section 5. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 2"d Day of September, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jew Lewis 4y Clerk (City Seal) THE CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD 1 Ron Long, Chairman ! Oe� si. emooVSaba:,, �A J) to ImGO 7,-�Ive ee81,686 " 'O OF 0 '10 Sponsored by: Port and Commerce Advisory Board CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2009-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AUTHORIZE AND IMPLEMENT A TRANSPORTATION PLAN UTILIZING STATE CRUISE PASSENGER TAX RECEIPTS TO PROVIDE PASSENGER ACCESS BETWEEN THE CRUISE DOCK, BUSINESS DISTRICTS AND THE ALASKA SEALIFE CENTER WHEREAS, at present there is no cohesive strategy for safely and efficiently moving cruise ship passengers to and from the downtown and cruise terminal areas; and WHEREAS, the service that does exist consists mainly of oversized cruise line buses on irregular schedules; and WHEREAS, the City of Seward is in receipt of State of Alaska cruise ship passenger tax funds designated for passenger transportation; and WHEREAS, in order to most effectively use the funds received a competitive request for proposals/request for qualifications should be generated and issued; and WHEREAS, the request should maximize the long term return to the community within the existing restrictions on the use of the funds; and WHEREAS, responses should be scored based on the responders history and experience as well as price; and WHEREAS, since one year is an inadequate measure ofperformance, the successful proposer should describe in detail a plan and budget that would provide the service for a minimum of two years. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The Board recommends Seward City Council issue a Request for Proposal/Qualifications, for a Transportation Plan utilizing State Cruise Passenger tax receipts to provide passenger access between the cruise dock, business districts and the Alaska Sealife Center, containing at minimum the following elements; Section 2. That the proposer describe in detail the vehicles to be used as sufficient for the service but not so large as to be unwieldy or present avoidable traffic blockage or congestion. . o CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2009-00S Section 3. That the schedule and route be described in sufficient detail as to satisfy the anticipated demand. Section 4. That the budget is described in sufficient detail to satisfy generally accepted accounting principles. Section 5. That the proposer meets current standards as to business history, performance, credit worthiness and insurance, and is bondable as necessary. Section 6. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 2nd day of September, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: J0 Lewis, Ci y Clerk (City Seal) THE CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD Ron Long, Chairman �)2 Memorandum September 28, 2009 To: City Council Through City Manager, Phillip Oates From: Electric Director, John Foutz Re: Chugach Electric Association, Inc. Rate Increase and Redesign In July 2009 Chugach Electric Association (CEA) filed its general rate case with the Regulatory Commission of Alaska (RCA) asking for a rate increase of $100,000 or 9.7% with the of Seward. y The RCA has postponed their ruling on the permanent increase until approximately February 2010. In the interim CEA has requested that RCA allow them to inunediately increase rates to the estimated permanent. The RCA gave all parties affected by the rate increase time to respond. The City of Seward, Homer Electric Association, Matanuska Electric Association, and CEA retail customers all filed a letter of opposition. The interim rate will be active until the rulilig on the permanent rate is handed down by the RCA. If the permanent rate is then lower than the interim rate, the City of Seward will receive a refund for all previous months at the higher rate. If the permanent rate is higher than the interunn rate, from that Point forward the rates charged will reflect the higher rate. The City of Seward cannot be char ed retroactively for any additional increase passed by the RCA. g It is important to note that the rate increase is projected to be a 1.4% increase to Seward's customers. However, this includes the fuel surcharge, which is based solely on the price of Natural Gas. If the rate is calculated without the fitel surcharge, the increase is 7.8%. To summarize an interim rate will start this month and will be in effect until the permanent rate has been ruled on by the RCA In 2010. The council will be updated as changes and comes to resoluti with the RCA ruling next year. on 1. 0- 3 Nand Richey 1 1 1 1 !1 9/23/2009 11:41 AM