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HomeMy WebLinkAbout10142013 City Council Packet ki.... Seward City Council Agenda Packet ,, -,11-u-1 44" Irk _ !mit- ry ir IL r �A .. �'' it ?',4• . i . is 1. .. to fir. ■ ` 2N y RYA `� ;rte yn '.�� ` 1.411%111,K. 9a4 4 ... , :,. « ►al�I. . _ __fit ,,,_ �\ .d Obihiro Mural Unveiling, September 2013 111I ' October 14, 2013 Cite Council Chamber., Beginning at 7:00 part ,,. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA set Alt-America City 1111 IF {Please silence all cellular phones and pagers during the meeting} 4diewN October 14, 2013 7:00 p.m. Council Chambers David Seaward 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2013 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Jean Bardarson ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Robert Valdatta 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2013 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2013 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards Vanta Shafer Council Member 1. Domestic Violence Awareness Month Pg. 3 Term Expires 2013 2. Historic Preservation Award to Carol Griswold Pg. 4 Marianna Keil B. Borough Assembly Report Council Member Term Expires 2014 C. City Manager's Report D. Mayor's Report E. Other Reports and Presentations Ristine Casagranda Council Member Term Expires 2014 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda October 14, 2013 Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring Public Hearing 1. Resolution 2013-073, Authorizing The City Manager To Enter Into A New Lease `S With GCI Communication Corp. Lot 1, Block 10 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-108 Seward Recording District, Third Judicial District, State Of Alaska .Pg. 5 2. Resolution 2013-074, Amending The Port & Harbor Tariff Regulations For 2014 And 2015 ..Pg. 43 8. UNFINISHED BUSINESS -None 9. NEW BUSINESS A. Resolutions *1. Resolution 2013-075, Supporting The Seward Marine Industrial Center Expansion Project At Seward, Alaska .Pg. 136 *2. Resolution 2013-076, Transferring $37,500 Of 2012 Raw Fish Tax Receipts To The Seward Chamber Of Commerce To Purchase And Rear Coho Salmon Smolts Pg. 140 *3. Resolution 2013-077, Awarding A Contract For Custodial Services To Merritt Enterprises Pg. 153 4. Resolution 2013-078, Amending And Correcting The 2013 Operating Budget For ' The Small Boat Harbor To Account For Increased Electrical Costs Due To Harbor Expansion Pg. 168 5. Resolution 2013-079, Authorizing The City Manager To Enter Into A Construction Contract Change Order With Harmon Construction For Asbestos Abatement In The Harbor Restrooms In The Amount Of$36,000 And Appropriating Funds .Pg. 172 B. Other New Business Items *1. Approval of the September 9, 2013 and September 23, 2013 City Council Regular Meeting Minutes Pg. 201 *2. Certification of the October 1, 2013 City of Seward Election Pg. 215 3. Discussion on the council seat left vacant by newly-elected Mayor Bardarson. 4. Discuss Harbor Weekend Closures. (Shafer) 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Status update for the All Hazard Mitigation Plan, Annual Report to the National Flood Insurance Program Community Rating System Pg. 218 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Nod 14. ADJOURNMENT City of Seward, Alaska Council Agenda October 14, 2013 Page 2 PKOCLAMAT1ON WI---jEKLA5, Alaska continues to strive to overcome high rates of domestic violence;and t whjEKLA5, the safety and health of all Alaskans 15 vital to the wellness o f our state and local communities;and WILKE/v5, violence within the home and within relationships breaks the core of human spirit and jeopardizes the humanity that exists in every community; and W h1 KLA5, domestic and sexual violence harms victims physically, sexually, psychologically and economically and has both immediate and lasting conseciuences; and WI-1E1Kr A5, everyone kas the right to live without harm or even the fear of harm; and Wj----1E_KCA5, the most vulnerable group of Alaskans, our children, are burdened 11010, with the longest healing and toughest obstacles in their recovery;and WhiE_KrA5, every individual has the capacity to help another in need, simply by virtue of believing his or her story and offering to help. NOW, Thir KETORE., I, David Seaward, Mayor of the City of Seward, Alaska, do hereby proclaim October 20 I ) as Domestic Violence Awareness Month and ask all citizens in our community to Choose Kespect by supporting victims of violence and taking action to break the cycle of violence. Dated this 11-tk c1a.9 of October, 20 1 5. THE CITY or SEWARD,ALASKA David 5eaward, Mayor rrr► PROCLAMATION WHEREAS, the Seward City Council established the annual Seward Historic Preservation Award in order to recognize the contributions made by dedicated individuals and/or organizations to preserve the tangible aspects of Seward's heritage; and WHEREAS, the Seward Historic Preservation Commission has chosen Carol Griswold as the 2013 Seward Historic Preservation Award recipient; and WHEREAS, Ms. Griswold has produced many of the interpretive signs along the walkways of Seward;providing detail to familiar names such as Scheffler,.Hoben, Kawabe, Branson and Williams; and WHEREAS, Carol's research into Seward's past has revealed many heretofore unknown details of those days gone by; and WHEREAS, Ms. Griswold records Seward's daily activities through her many photos, anecdotes and editorials in all of the local papers both print and on-line; and WHEREAS, Carol's work and tireless efforts assure that our current activities are recorded thus creating a local legacy for the future community of Seward, much the same as Sylvia Sexton, whose numerous photos from the early part of the nineteenth century reveal Seward's past. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do proclaim Carol Griswold 2013 Seward Historic Preservation Award Recipient and urge all citizens to show their gratitude for her contributions to preserving this community's history. Dated this 14th day of October 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH GCI COMMUNICATION CORP. LOT 1, BLOCK 10 FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER,KENAI PENINSULA BOROUGH,PLAT NO.97-108 SEWARD RECORDING DISTRICT,THIRD JUDICIAL DISTRICT,STATE OF ALASKA WHEREAS, the City is owner of real property described as Lot 1, Block 10 Fourth of July Creek Subdivision; and WHEREAS, this is land that has been previously leased to GCI; and WHEREAS,the lease request is consistent with the Strategic Plan and the Seward Marine Industrial Center Plan. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council has determined that the essential terms and conditions of the proposed lease with GCI Communication Corp. for the real property described as Lot 1, Block 10, Fourth of July Creek Subdivision located in the City of Seward,Alaska are in the public's interest. Section 2. The City Manager is authorized to execute a new lease with GCI Communication Corp. in substantially the form as presented at this meeting. Section 3. This resolution shall take effect 30 days from the date and posting of adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of October, 2013. Agenda Statement e of se„, 44CorN,„ Meeting Date: October 14, 2013 o \ '.I. • 4404 To: City Council 140, Nor Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: GCI Communication Corp. Renewed lease at Lot 1, Block 10 Seward Marine Industrial Center BACKGROUND & JUSTIFICATION: GCI has been renting a small (1886 square feet) parcel at SMIC since 1988. The original lease expired on June 23, 2013, but it was extended on a month to month basis until a new lease could be negotiated. The new lease is for five years with the potential to extend for three additional five year periods. The lease proposal was modified to some extent in order to meet both GCI's and the City's needs: • The Insurance Waiver of Subrogation language (Section 15.2) was revised, but the City's insurance carrier has approved the proposed new language. • Arbitration (Section 17) will no longer be limited to claims less than$50,000. • Since the property is located at SMIC, if there is a fire the City Fire Department won't be able to respond as quickly as to a fire on the west side of resurrection Bay. Therefore new `god language was drafted in Section 34 of the lease. • City staff made one concession to GCI by allowing the word such to be inserted into Environmental Concerns Clause of the Lease on page 20: d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims,demands,penalties,fines,judgments,liabilities,settlements, damages, costs, or expenses (including,without limitation,attorney, consultant and expert fees,court costs,and litigation expenses)of whatever kind or nature,known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal,release, or threatened release of any such Hazardous Material which is on or from the Leased Land. ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached,or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d)shall apply only if the acts giving rise to the claims,demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses(1)occur prior to or during the term of this LEASE; and(2)arise,in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors,authorized representatives,subtenants, or any other such persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. In general legal terms, the addition of such restricts the Lessee's responsibility for all person that may cause the problems in paragraph iv)to specific classes of people. It is Administration's belief that the practical effect of adding such is very minimal and the exposure to the City for claims is relatively insignificant. INTENT: To approve a long-term lease between the City of Seward and GCI Communication Corp. at Lot 1, Block 10, 4th of July Creek Subdivision, Seward Marine Industrial Center. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): This lease meets the plan 1. X goals to develop SMIC as a major industrial area of the community. 2 Strategic Plan (document source here): Endeavour to provide modern . X communication infrastructure. (Page 5) 3. Other (list): FISCAL NOTE: Effective July 1, 2013 the annual lease amount is$817.60 plus tax. The lease rate is based on 8%of the fair market value ($10,000) based on an appraisal by MacSwain Appraisals, LLC dated March 12, 2010. In accordance with City policy, the leased property will be re-appraised every five years (next scheduled for 2015) and the rent will be adjusted accordingly. Between appraisals, the rent will be adjusted each year(2.2% for 2013) according to the Consumer Price Index (CPI). Approved by Finance Department: 4721./9110 ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2013- t) 3 authorizing the City Manager to enter into a new Lease with GCI Communication Corp. Lot 1, Block 10, Fourth of July Creek Subdivision in the Seward Marine Industrial Center, Kenai Peninsula Borough Plat No. 97-108 in the Seward Recording District,Third Judicial District, State of Alaska. N.rd After Recording Return to: City of Seward Attention: Harbormaster P.O. Box 167 Seward, Alaska 99664 MEMORANDUM OF LEASE (AS 40.17.120) Pursuant to AS 40.17.120, the undersigned parties make this instrument describing a Lease Agreement pertaining to Leased Premises located in Seward, Alaska. THE PARTIES HERETO have entered into a Lease of the property described herein according to the terms as follows: LESSOR: City of Seward P. 0. Box 167 Seward, Alaska 99664 rUId LESSEE: GCI Communication Corp. 2550 Denali Street, Suite 1000 Anchorage, Alaska 99503 EFFECTIVE DATE: June 23, 2013 TERM: June 30, 2018 Date of Lease Agreement: The Lease Agreement was dated as of June 23, 2013 Description of Real Property Leased: The Leased Premises are legally described as: Lot 1, Block 10 4111 of July Creek Subdivision at Seward Marine Industrial Center, Kenai Peninsula Borough Preliminary Plat No. 97-108, recorded as Plat No. 97-27 in the Seward Recording District, Third Judicial District, State of Alaska. Commencement and Termination Dates: The effective lease term for the Lease Agreement is June 23, 2013 through June 30, 2018. There is an option for three additional five- Memorandum of Lease Page 1 of 3 'Nord year term extensions. Illor Statement of Conditions on Extension or Renewal of Lease: The Lease Agreement provides that the option to renew the lease may be exercised by Lessee, provided Lessee is not in default or breach of the terms of the lease at the time of exercise. An option must be exercised in writing by Lessee at least 180 days prior to the expiration of the lease or a prior extension of it, as the case may be. DATED at Seward,Alaska this day of_ , 2013. CITY OF SEWARD GCI Communication Corp. t,,--------Y __ , Sim,-lunt, City Ma' A ger t - -r --- - betva *60-1_5' . \i e- (erre rec.,e - oces .., L--- ATTESTED BY: Johanna Kinney, City Clerk City of Seward Sir Memorandum of Lease Page 2 of 3 '''Olispr CI rr ---- Acknowledgments Nerd STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) This is to certify that on the day of , 2013, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Jim Hunt to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The City of Seward,and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NOTARY PUBLIC in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Naid This is to certify that on the 20. day of L>`=z , 2013, before me, the undersigned Notary Public in and for the State of Alaska, duliyommissioned and sworn as such, personally appeared 1?eY 14 Morris to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of GCI Communication Corp. and acknowledged to me that he/she signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. %l NOTARY PUBLIC in and a_.5 Alaska My Commission Expires: __ . tO �. O 1 S°, ' P` \ w ‘�r��¢= Memorandum of Lease \'P`�.� Page 3 of 3 'jrirnmr�n���t`� --- - \O LEASE AGREEMENT between CITY OF SEWARD, ALASKA and GCI Communication Corp. Effective Date: June 23,2013 *ft., Nod TABLE OF CONTENTS ARTICLE 1 -LEASED LAND 1 1.1 Description of Leased Land 1 1.2 Covenant of Quiet Enjoyment,' Warranty of Title 1 1.3 Reserved 1 1.4 Property Accepted 2 1.5 Permits 2 1.6 Platting 2 ARTICLE 2 - LEASE TERM 2 ARTICLE 3 - RENTAL RATE 3 3.1 Initial Rental Rate 3 3.2 Rental Adjustments 3 3.3 Procedure for Rental Adjustment 3 3.4 Effect of Late Appraisal by CITY 4 3.5 Appraisal by LESSEE 4 3.6 Effective Date of Adjusted Rental Rate 4 3.7 Interim Rental Adjustments 5 3.8 Late Payment Charge 5 ARTICLE 4 - USE OF LEASED LAND 5 4.1 Use of Leased Land 5 4.2 Obligations of LESSEE 5 4.3 No Preferential Rights to Use Public Facilities 6 `Nd 4.4 Adequacy of Public Facilities 6 4.5 Tariffs and Other Service Fees 6 4.6 Time for Payment of Utilities and Taxes 6 4.7 Other Uses 6 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 7 5.1 Utilities 7 5.2 Third-Party Improvements 7 5.3 Easements 8 ARTICLE 6 - CONSTRUCTION BY LESSEE 8 6.1 Improvements on Leased Land 8 6.2 City Review of Construction 9 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 10 7.1 Return of Leased Land in Original Condition 10 ARTICLE 8 - FORCE MAJEURE 10 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT 10 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE 11 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 13 11.1 Real Property Improvements 13 11.2 Personal Property 13 ARTICLE 12 - ASSIGNMENT OR SUBLEASE 13 12.1 Assignment of Lease or Subleasing 13 12.2 Assignment of Lease for Security 13 12.3 Assignment to Affiliate 14 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY 14 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY 14 ARTICLE 15 -INSURANCE 14 15.1 Minimum Insurance Requirements 14 15.2 Subrogation Rights Waived 15 ARTICLE 16 - CONDEMNATION 16 ARTICLE 17 -ARBITRATION 16 ARTICLE 18 -MAINTENANCE AND REPAIRS 17 18.1 Normal Maintenance 17 18.2 Safety Issues 18 18.3 Cost of Repairs 18 ARTICLE 19 - ENVIRONMENTAL CONCERNS 18 19.1 Hazardous Materials 18 19.2 Permits and Reporting 21 ARTICLE 20 -ESTOPPEL CERTIFICATES 21 ARTICLE 21 - CONDITIONS AND COVENANTS 21 ARTICLE 22 -NO WAIVER OF BREACH ARTICLE 23 - TIME OF THE ESSENCE 22 ARTICLE 24 - COMPUTATION OF TIME 22 ARTICLE 25 - SUCCESSORS IN INTEREST 22 ARTICLE 26 - ENTIRE AGREEMENT 22 ARTICLE 27- GOVERNING LAW 22 'Nair ARTICLE 28 - PARTIAL INVALIDITY 23 ARTICLE 29 - RELATIONSHIP OF PARTIES 23 ARTICLE 30 -INTERPRETATION 23 ARTICLE 31 - CAPTIONS 23 ARTICLE 32 - AMENDMENT 23 ARTICLE 33 -NOTICES 23 ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC 24 Exhibit A- Leased Land ii LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and GCI Communication Corp. (the "LESSEE"), whose mailing address is 2550 Denali St., Suite 1000, Anchorage, Alaska 99503. WHEREAS, LESSEE has indicated its desire to lease the property known as Lot 1, Block 10, 4th of July Creek Subdivision, Seward Marine Industrial Center, Third Judicial District, State of Alaska, consisting of approximately 1,886 square feet,more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained,the parties hereto agree as follows: ARTICLE 1 -LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 1, Block 10, 4th of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough Preliminary Plat No. 97-108, recorded as Plat No. 97-27 in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 1,886 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Reserved. 1 1.4 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1,6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2013- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for 2 \ approximately five years from the Effective Date, ending at midnight on June 30, 2018. LESSEE shall have the right to extend the term of this LEASE for three additional five (5) year periods,provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2013, the annual rental rate for the Leased Land shall be set at $800. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2015, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the tei ins of this Lease shall be eight percent (8%) of the appraised Fair Market Value of the Lease Site at the highest and best use of the Lease Site. CITY shall, at its own expense, retain an independent MAI- certified appraiser, who shall deteimine the "Fair Market Value" of the Lease Site, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this Lease). The highest and best use of the Lease Site shall be determined without regard to LESSEE's intended or actual use of the Lease Site unless that use is coincidentally the highest and best use of the Lease Site. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY may at its own expense, retain an independent MAI-certified appraiser who shall determine the adjusted annual rental rate at eight percent (8%) of the Fair Market Value of the Lease Site in accordance with Section 3.2. The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Value of the Lease Site shall constitute a final binding determination of the Fair Market Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE gives notice of objection. If LESSEE objects to the appraiser's determination of the Fair Market Value, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage a second independent 3 MAI-certified appraiser at LESSEE's expense to make a second appraisal of the Fair Market Value in accordance with Section 3.2. If the second appraisal determines a Fair Market Value that varies from that determined by the first appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the appraisals. If the second appraisal determines a Fair Market Value that varies from the first appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the Fair Market Value and the adjusted annual rental rate of the Lease Site shall be determined in accordance with the arbitration provisions contained in Article 19 of this Lease. 3.4 Effect of Late Appraisal by CITY If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report miry to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent(20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or 4 late delivery of the appraisal report to LESSEE,the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2013 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in Nftrie the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of$2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 -USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been deteirnined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for construction, maintenance and operation of a technical facility and related communication equipment in conjunction with GCI's operations as a telecommunications provider. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: 5 Ned 41krir a) The Leased Land is to be completely cleaned and restored to its original condition,that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate telecommunications equipment on the Leased Land. e) Any changes to this site require prior CITY approval,through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the 'Stir facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 6 c7\ *mod 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. 7 D\O `Ik b) Any such matters of a peimanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. 8 d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary fowl when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non-responsibility sod for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building,mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. 9 'Niue ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition, Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: %ow 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 10 alb. '11 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings,are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE NS° Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; 11 'told g\Lk \ar. b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 12 Nod ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements, constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that(i) if LESSEE is not in default, LESSEE shall have the right to remove the improvements, leaving the Leased Land in a clean and safe condition upon termination, and (ii) CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been detemiined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are Nwild personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith 13 `gild D, 12 proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal Sur injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 -INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Tenn or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property 14 as-) damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices,in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsement releasing CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers, or others working on behalf of the CITY. This provision shall be applicable and in full force and effect with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE'S policies of insurance shall contain a clause or endorsement 15 to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land, If LESSEE deteunines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen(15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.300 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other party a request for arbitration and the party receiving a request shall have twenty (20) days to consent, in writing, to the use of arbitration to resolve the dispute. Failure of either party to consent will preclude the use of arbitration for that dispute. The 16 'Now. a.c:;\ costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to noiural, non-abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed 17 ' by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty(30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided,however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. 18 a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Nord Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) Except as authorized in accordance with Environmental Law, LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the air, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to 19 444.0 CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land. ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other such persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive, as defined by Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, 20 %few including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such penults shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any sod operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 -ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten(10) days'prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS 21 111.1. All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 -NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any teini, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 -TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25- SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27- GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. 22 `a5 'Ned ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS 'Nod Captions of the articles, paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD 23 staid 26 liar PO Box 167 Seward,Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: GCI Communication Corp. 2250 Denali St, Suite 1000 Anchorage, Alaska 99503 Attention: David Morris Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC LESSEE acknowledges that the CITY OF SEWARD lacks the personnel and resources to provide onsite fire protection in the Seward Marine Industrial Center, and emergency response time may be longer than for other areas in Seward. LESSEE accepts the risks inherent in conducting its operations in this area and willingly assumes, at its sole cost and risk, the obligation to provide fire protection to its operations on Leased Land in SMIC, and fire prevention to industry standards to minimize risks to adjacent facilities and nearby operations. ‘Now IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: ---7Y OF SE 4frII , i G. Communication Corp. . , - JimPunt, City anager Da, i ,1 or s, VP Corporate Services Date: '1 5g-Pr / ATTEST: Johanna Kinney, CMC 24 Si City Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2013, by Jim Hunt, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this 4-- day of , 2013, by David Morris who executed the foregoing document on behalf of GCI Conununication Corp. as Vice President, Corporate Services of the corporation. 0Lc..ti eta.p ` 00011MEyi`y�+i Notary Public in armor Alaska r ,`�•��y PRY 4�,r�' My Commission Expires: ,70_ . �� , 2 l.� s, i STATE O k````\�,��� 25 *11 After Recording Return to: City of Seward Attention: Harboiniaster P.O. Box 167 Seward, Alaska 99664 MEMORANDUM OF LEASE (AS 40.17.120) Pursuant to AS 40.17.120, the undersigned parties make this instrument describing a Lease Agreement pertaining to Leased Premises located in Seward, Alaska. THE PARTIES HERETO have entered into a Lease of the property described herein according to the terms as follows: LESSOR: City of Seward P. O. Box 167 Seward, Alaska 99664 LESSEE: GCI Communication Corp. 2550 Denali Street, Suite 1000 Anchorage, Alaska 99503 EFFECTIVE DATE: June 23, 2013 TERM: June 30, 2018 Date of Lease Agreement: The Lease Agreement was dated as of June 23, 2013 Description of Real Property Leased: The Leased Premises are legally described as: Lot 1, Block 10 4th of July Creek Subdivision at Seward Marine Industrial Center, Kenai Peninsula Borough Preliminary Plat No. 97-108, recorded as Plat No. 97-27 in the Seward Recording District, Third Judicial District, State of Alaska. Commencement and Termination Dates: The effective lease term for the Lease Agreement is June 23, 2013 through June 30, 2018. There is an option for three additional five- Memorandum of Lease Page 1 of 3 year term extensions. ` Statement of Conditions on Extension or Renewal of Lease: The Lease Agreement provides that the option to renew the lease may be exercised by Lessee,provided Lessee is not in default or breach of the terms of the lease at the time of exercise. An option must be exercised in writing by Lessee at least 180 days prior to the expiration of the lease or a prior extension of it,as the case may be. DATED at Seward, Alaska this day of_ , 2013. CITY OF SEWARD GCI Communication Corp. Jim Hunt, City Manager David Morris,VP Corporate Services ATTESTED BY: Johanna Kinney, City Clerk City of Seward Memorandum of Lease Page 2 of 3 Acknowledgments STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT This is to certify that on the day of , 2013, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Jim Hunt to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The City of Seward, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NOTARY PUBLIC in and for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT 4tior k This is to certify that on the (L-( — day of ‘.:)m) --Ve_liv■Ank X, 2013, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared N1(5-'N..s to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of GCI Communication Corp. and acknowledged to me that he/she signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. CD_ NOTARY PUBLIOin and for Alaska My Commission Expires: :3044 4onlittinf1/4 0 1.0 r , •/WI* .4 Memorandum of Lease 0. -4"17 Page 3 of 3 tip 411, Mrs.0.• 11.■ /*I/14TE OT 1■460, .iontrititto0- 1—\\ r , ., ,A.0 NA..■1/2.1,144. t. Delphin .--,..., Z-----t--' St ota.re,o,,,,,013 h ',.. 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'a' V.11 kirirtl`*.).‘":(14"......'=1727.4 Z....,T(;:,... x Is s S i'' '.s* ""'di: .1, , r Lot I Bloc TO -------- 0:0 SF. 3}92 Sr. --it •-•g f., Ie.,,, A 44•4 1 . , INTEGRrry SURVEYS . a,.. .S-:i •a- L' '---- II:, < <1.03 trro PP. .IP.*Pproo popp-plo ..t .1ti I r id 0 L_....J i P. "< ,•••••‘,... "i1n_7.7,..7,r„..«:„; ..„441,44 tre10303.. Z." i ,41 SC0 Dctre' ' ' - •-- 400 NO. >>. P1-41 TCG:20 Mew.,of, CP .777771311 A t 11 I :11 St... ....12:2■401,.9: p: ,,p,„,„,,' _p,.. - lop I'-PP r■Et.:73 01 ,,K, U.,.We,. i a ■ ( ( (rivii,,,r, Sponsored by: Hunt ‘kirw CITY OF SEWARD, ALASKA RESOLUTION 2013-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PORT & HARBOR TARIFF REGULATIONS FOR 2014 AND 2015 WHEREAS, the Seward City Council will review all enterprise fund tariffs in preparation for the adoption of the 2014 and 2015 budgets; and WHEREAS,the Seward Small Boat Harbor has critical capital asset replacement needs as well as continued debt service on previously issued bonds; and WHEREAS, the proposed moorage and electrical rate changes will not fund all capital replacement needs, however they will assist in covering the operating costs of the harbor and allow some funding of the Major Repair and Replacement Fund; and WHEREAS, the City of Seward's enterprise funds are operated in a manner similar to private business entities, in that they establish charges intended to cover the full cost of providing services including operations and maintenance,overhead,system expansion,utilities,and charges for the use of capital facilities; and WHEREAS, due to the need to regularly review and update charges to account for the impact of inflation and other cost increases, it is prudent to update charges annually. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The rates,fees,and charges incorporated herein by reference and attached hereto as"2014 Port and Harbor Regulations"are recommended for council adoption to become effective January 1, 2014. Section 2. The rates, fees,and charges incorporated herein by reference and attached hereto as "2015 Port and Harbor Regulations"are recommended for council adoption to become effective January 1, 2015. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of October 2013. Agenda Statement e of sels,„ Meeting Date: October 14, 2013 ‘10/0 To: City Council 1CAV-vb Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Changes to the 2013 Port & Harbor Tariff Regulations for 2014 and 2015 BACKGROUND & JUSTIFICATION: As you may recall, the Harbor moorage rates (and City electric rates) are automatically adjusted based on changes in the Consumer Price Index. In 2013, the agreement with Shoreside Petroleum was also amended to reflect CPI changes. In addition,there are two other changes proposed to the 2014 and 2015 tariffs that are simply clarifying corrections: on the cover and on the list of available transient(guest) docks. Here is a list of these changes in sequential order: 1) On the cover of the tariff,the word Industrial needs to be added to differentiate SMIC from the Seward Marine Center (not part of the Harbor Tariff). 2) On page 11 the listing of transient (guest) docks is not accurate and needs to be corrected. N•lid 3) On page 12, Section 205 (b) needs to be changed to reflect the correct base years used for CPI calculations. 4) On page 12, Section 205 (c) the Transient (Guest) rates reflect a 2.6% CPI adjustment for 2014 and again for 2015. 5) On page 13, Moorage Rates for Slip Assignments—updated annual rate 6) On page 16, Section 215 (a) the Dockage rates reflect a 2.6% CPI adjustment for 2014 and again for 2015. 7) On page 16, Section 215 (c) needs to be changed to reflect the correct base years used for CPI calculations. 8) On page 17,Section 225 (a)(2)reflects proposed changes to the Harbor and SMIC electrical rates. The Electric Tariff states that rates will increase automatically every year based on two factors: inflation and the cost of electricity. The Harbor and SMIC electrical rates were increased in 2013 based only on the CPI increase. In February 2013 there was a 7%increase in rates paid by the Harbor, but it was not passed along to customers. For that reason,the percentage increases proposed are as follows: 2014 Harbor-8.3%;2014 SMIC-6.25%;2014 customer charges- 2.6%; 2015 Harbor- 3.8%; 2015 SMIC- 2.9%; and 2015 customer charges- 2.6%. 9) On page 27, Section 290 (a)the gas and diesel rates are increased by 2.6%in both 2014 and 2015 to reflect CPI changes. (The rates were increased for 2013 by contract, but those increases did not get included into the 2013 Tariff). INTENT: To establish rates for the 2014-2015 Port & Harbor Tariff Regulations. LAC-1 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 23 Encourage the %N. 1. growth and development of an efficient, functional small boat harbor X that meets Seward's commercial and recreational needs. Strategic Plan (document source here): Page 7 Complete the renovation 2. of the Small Boat Harbor. Expand development in the Seward Marine X Industrial Center. 3. Other (list): FISCAL NOTE: 2013 Moorage Budget Revenue projection = $1,489,700 2014 Moorage Budget Revenue projection = $1,601,350 2015 Moorage Budget Revenue projection = $1,637,350 Note: 2013 Transient moorage revenues were underestimated by approximately 17%. 2013 Small Boat Harbor Power Sales Budget Revenue projection = $286,000 2014 Small Boat Harbor Power Sales Budget Revenue projection = $360,000 2015 Small Boat Harbor Power Sales Budget Revenue projection --- $400,000 Note: 2013 Power sales revenues were significantly underestimated. Meanwhile, these revenues barely cover the cost of purchasing the power. Sir 2013 SMIC Power Sales Budget Revenue projection = $36,000 2014 SMIC Power Sales Budget Revenue projection = $34,000 2015 SMIC Power Sales Budget Revenue projection = $36,000 Approved by Finance Department: rir.C.:1,. L LP, ATTORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution 2013- approving the Port and Harbor Tariff regulations for 2014 and 2015. LiZ %ow' ••••••■. Sponsored by: PACAB Ned CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2013-06 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA RECOMMENDING THAT THE CITY COUNCIL AMEND THE PORT&HARBOR TARIFF REGULATIONS FOR 2014 AND 2015 WHEREAS,the Seward City Council will review all enterprise fund tariffs in preparation for the adoption of the 2014 and 2015 budgets; and WHEREAS, the Seward Small Boat Harbor has critical capital asset replacement needs as well as continued debt service on previously issued bonds; and WHEREAS, the proposed moorage and electrical rate changes will not fund all capital replacement needs, however they will assist in covering the operating costs of the harbor and allow some funding of the Major Repair and Replacement Fund; and WHEREAS, the City of Seward's enterprise funds are operated in a manner similar to private business entities, in that they establish charges intended to cover the full cost of providing `,4■10/ services including operations and maintenance,overhead,system expansion,utilities,and charges for the use of capital facilities; and WHEREAS, due to the need to regularly review and update charges to account for the impact of inflation and other cost increases, it is prudent to update charges annually. NOW,THEREFORE,BE IT RESOLVED by the Port and Commerce Advisory Board of the City of Seward, Alaska recommends that: Section 1. The City Council of the City of Seward approve rates, fees, and charges incorporated herein by reference and attached hereto as "2014 Port and Harbor Regulations" for council adoption to become effective January 1, 2014. Section 2. The City Council of the City of Seward approve rates, fees, and charges incorporated herein by reference and attached hereto as "2015 Port and Harbor Regulations" for council adoption to become effective January 1, 2015. PASSED AND APPROVED by the Port and Commerce Advisory Board this 2"day of October, 2013. *ftiO ; low CITY OF SEWARD,ALASKA RESOLUTION 2013-006 THE CITY OF SEWARD,ALASKA Deborah Altermatt, Chair AYES: Oliver, Linville, Fink, Hughes, Altermatt NOES: None ABSENT: Jaffa, Schaefermeyer ABSTAIN: None ATTEST: Johanna Kinney, CMC City Clerk (City Seal) L1 204-3 2014 PORT & HARBOR TARIFF REGULATIONS RULES, RATES, CHARGES & REGULATIONS FOR PORT AND HARBOR FACILITIES AT CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE INDUSTRIAL CENTER & SHIP LIFT SYSTEM CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 ✓OF s y / Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 21,2013 January 1,2014 i TABLE OF CONTENTS PREFACE 41101/ Tariff Revisions Forms -- -- -- - - -- --- -- - -- ---- Explanation of Abbreviations and Characters That May Appear in Tariff - - - - - - - - - - v Notice to Public vi SECTION I- GENERAL RULES AND REGULATIONS 100 DEFINITIONS - GENERAL 1 105 APPLICATION OF TARIFF 2 (a) General Application of Tariff 2 (b) Tariff Effective 2 (c) Acceptance of Tariff 2 (d) Reservation of Agreement Rights 2 (e) Compliance with Conditions of Docking and Facility Use 2 110 APPLICATION OF RATES 3 115 INSURANCE 3 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3 (a) Responsibility for Charges 3 (b) Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess 3 (c) Waiver of Prepayment Requirement 3 (d) Charges on Delinquent Accounts 4 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 4 (a) Responsibility Limited 4 (b) Indemnity 5 (c) Owner's Risk 5 130 RIGHTS OF THE CITY OF SEWARD 5 (a) Access to Harbor or Port Facilities 5 (b) Right to Refuse Cargo 5 (c) Right to Schedule Vessels and Cargo 6 (d) Right to Remove, Transfer or Warehouse Cargo 6 (e) Right to Withhold Deliver of Freight 6 (f) Right to Sell for Unpaid Charges 6 (g) Explosives 7 (h) Right to Remove, Transfer or Rearrange Vessels 7 (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities - 7 135 REQUESTS AND COMPLAINTS 7 140 DELAYS -NO WAIVER OF CHARGES 7 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 24,2013 January 1,2014 i L\Q 145 MANIFESTS REQUIRED OF VESSELS 7 150 SAFETY, SANITATION AND HOUSEKEEPING 8 (a) Safety and Sanitation 8 (b) Notice of Hazardous Cargo and Permit Requirements 8 (c) Responsibility for Housekeeping 8 (d) Smoking Prohibited 8 (e) Used Oil and Petroleum Products 8 155 RESPONSIBILITY FOR PROPERTY DAMAGE 9 160 BULK PETROLEUM PRODUCTS 9 (a) Application of Tariff 9 (b) Clearing and Heating Petroleum Lines 9 (c) Regulations Governing Petroleum Products 9 (d) Housekeeping 9 SECTION II- SERVICES AND CHARGES 200 MOORAGE 10 Outside the Small Boat Harbor 10 Within the Small Boat Harbor 10 (a) Assignment of Berths 10 (b) Waiting List for Permanent Slip Assignment 10 (c) Permanent Slip Assignments 10 (d) Grace Period for Late Renewals 11 (e) New Permanent Slip Assignment 11 Nord (1) Permanent and Temporary(Transient) Slip Assignments 11 (g) Notice Upon Arrival 11 (h) Vessel Registration 12 205 MOORAGE RATES 12 (a) Calculation of Moorage Rates 12 (b) Automatic Annual Adjustment in Moorage Rates 12 (c) Transient(Guest) Daily Rates 12 (d) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 13 210 DOCKAGE 13 (a) Dockage Period 13 (b) Basis for Computing Charges 14 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14 (d) Preference to Reserved Dock Use 14 (e) Berth May be Granted Before Payment 15 (f) Charges on Vessel Shifting 15 (g) Charges to Assisting Vessels 15 (h) Notice of Hazardous Cargo and Permit Requirement 15 (i) Dockside Lay Time 16 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 October 28,2013 Effective January 24,2013 January 1,2014 ii SO 215 DOCKAGE RATES 16 (a) Daily Dockage Rate 16 (b) Monthly Dockage Rate 16 (c) Automatic Annual Adjustment in Dockage Rates 16 220 HANDLING, LOADING AND UNLOADING 16 225 LABOR AND SERVICE CHARGES 17 (a) Specific Services 17 (b) Labor/Personnel 18 (c) Equipment 18 (d) Special Services 19 (e) Miscellaneous Charges 19 230 PASSENGER FEES -- - --- -- ----- -- --- - - --- - -- - ---- - - - -------- -- -- - 19 (a) Fee 19 (b) Filing of Forms and Payment 19 (c) Failure to File 20 231 CAPITAL RENEWAL AND REPLACEMENT FEE 20 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES 20 240 BOAT LAUNCH RAMP FEES 20 (a) Operating Policy 20 (b) Launch Fees 20 Slaw 245 PUBLIC SHOWERS 21 250 50-TON TRAVELIFT 21 (a) Operating Policy 21 (b) Boat Lift Agreement 21 (c) Responsibilities 21 (d) Dockside Lay Time 21 255 50-TON TRAVELIFT FEES 21 (a) Description of Charge 21 (b) Lift Fee 22 260 250-TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (c) Responsibilities 23 (d) Dockside Lay Time 23 265 250-TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 31,2013 January 1,2014 iii Star 270 SHIPLIFT FEE 23 (a) Description of Charge 23 (b) Lift Fee 23 (c) Basis for Computing Charges 24 (d) Preference to Reserved Use 24 (e) Berth May be Granted Before Payment 25 (f) Inspection of Vessels on the Ship lift Platform 25 (g) Repairs to Vessels on the Ship lift System 25 (h) Notice of Hazardous Cargo and Permit Requirement 25 (i) Dockside Lay Time 25 (j) Lift Fee Rates 25 275 DAILY SHIPLIFT LAY CHARGE 25 (a) Description of Charge 25 (b) Lay Fee 25 (c) Basis for Computing Charges 26 „vs/ (d) Rate 26 280 UPLAND STORAGE 26 (a) Area of Land Available 26 (b) Calculation of Rates 26 (c) Lay Time Rates 26 (d) Empty Cradles/Trailers 26 285 WHARFAGE 26 (a) Application of Charge 26 (b) Overside 27 (c) Overstowed Cargo 27 290 WHARFAGE RATES 27 (a) Schedule of Standard Rates 27 (b) Discount Rates Based on Guaranteed Payments 27 295 WHARF DEMURRAGE 28 (a) Description of Charge 28 (b) Calculation of Free Time --- - -- - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - -- 28 (c) Free Time 28 (d) Rates 28 (e) Lay-Down Areas - - - -- - - -- - - -- -- - - - - -- - - - - - - --- - -- -- -- - - ---- -- 28 LEGISLATIVE HISTORY 29 City Docks and Terminal Facilities 29 Seward Marine Industrial Center(SMIC) Shiplift System 32 APPENDIX A APPENDIX B Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 24, 2013 January 1,2014 iv Nall01° 5 PREFACE The purpose of this document is to provide,in a complete but condensed format for public review,the terms,conditions, rules,regulations,charges, and rates comprising the City of Seward Port and Harbor Tariff,as approved from time to time by the Seward City Council. Although some text has been rearranged for the purpose of clarification,it does not reflect any substantive changes to the actual tariff. This document contains,but is not limited to, the City of Seward Terminal Tariff No. 100 as filed with the Federal Maritime Commission. Tariff Revisions The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to time. Upon such revision,the amended page(s)will show the date of revision in the lower left comer. Requests for missing pages or additional copies of the tariff may be directed to the Seward City Clerk. Forms All forms referenced in this document may be obtained from the Seward City Clerk's Office or the Harbormaster's Office. Shiplift/SyncroLift forms are available at Seward Ship's Drydock Office at the Marine Industrial Center. These forms include,but are not limited to,Vessel Moorage Application, and supplements thereto;Application and Agreement for Reserved Moorage; Application and Agreement for Transient Moorage; Boat Lift Agreement; Vessel Shiplift Use Application,and Supplements thereto;Shiplift System Use Permit;Terminal Use Permit;Prepayment Agreement;and Uplands Storage Agreement. Explanation of Abbreviations and Characters That May Appear in Tariff b.m. board measure lgth. length bbl. barrel m.b.m. 1,000 ft.board measure bdl. bundle meas. measure ,r crt. crate min. minimum cs. case misc. miscellaneous ctn. carton m.t. metric ton cu.ft. cubic foot or feet no. number ea. each N.O.S. not otherwise specified herein f.f. folded flat pkg. package F.M.C. Federal Maritime Commission sq. ft. square foot or feet gals. gallons stg. storage hdlg. handling U.S. United States of America inc. including,inclusive or incorporated w.t. weight ton of 2,000 lbs. 1.c.l. less than carload w/m weight ton of 2,000 lbs. or cubic ton of 40 cubic feet ldg. loading yd. yard Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 October 28,2013 Effective January 24,2013 January 1,2014 v NOTICE TO PUBLIC This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees and carriers that the rates, rules and charges apply to all traffic for which contract rates have not been arranged. In addition to this Port and Harbor Tariff, the public, shippers,consignees and carriers using City of Seward facilities should consult and be aware that the City of Seward Code of Ordinances,including but not limited to Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities, including Garbage,Refuse,Water,Electricity and Sewage)and Chapter 7.10(Ports and Harbors),all as amended, apply and govern where not specifically provided otherwise in this tariff. Nft Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 21,2013 January 1,2014 vi ``.► SECTION I - GENERAL RULES AND REGULATIONS 100 DEFINITIONS- GENERAL (a) General Terms. Unless provided otherwise in this tariff,applicable definitions set forth in 46 CFR§515.6 shall control. (b) City Docks. The city docks of the City of Seward include all docks,floats,slips,wharves,ramps,piers, bulkheads,dolphins and sea walls owned or operated by the City of Seward. (c) Float;Float System. Those portions of the city docks located within the Small Boat Harbor that rise and fall with the tide,including the pilings, ramps,ladders and utility connections. (d) Holidays. In this tariff, whenever reference is made to holidays,the following days are included: New Year's Day,President's Day,Seward's Day,Memorial Day,Independence Day,Labor Day,Alaska Day, Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Day, one-half of the working day immediately preceding Christmas Day, and Christmas Day. When a holiday falls on a Saturday,the preceding Friday shall be considered a holiday and,when a holiday falls on a Sunday,the following Monday will be considered a holiday for the purposes of this tariff. (e) Permit Holder. A person or business that has a valid Shiplift System Use Permit issued by the City of Seward. (See "Forms" in the preface of this document.) (f) Point of Rest. Point of rest is defined as that area on the terminal facility which is assigned for the receipt of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and that area which is assigned for the receipt of outbound cargo from shippers for vessel loading. `1r�► (g) Port of Seward. The Port of Seward comprises the Small Boat Harbor,the Shiplift System and all city docks and terminal facilities located within the corporate limits of the City of Seward. (h) Slip. A moorage location within the float system of the Small Boat Harbor. A slip does not include the float or finger of the float,but only the spaces between or adjacent to it. (i) Shiplift System. The shiplift located at the Seward Marine Industrial Center and the adjacent rail side transfer system. (j) Terminal Facilities. Terminal facilities include all city docks and associated equipment, offices, warehouses, storage space, roads, paved areas, water banks and shorelines under the management and control of the City of Seward. (k) Vessel. In this tariff,whenever reference is made to a"vessel",the term shall mean any ship or barge,self- propelled or other than self-propelled. (1) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip,on a transient dock,or for tying to a vessel so moored in the small boat harbor or other terminal facilities. (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for tying to a vessel so docked. (Sometimes identified as "moorage") (n) Handling. Handling means the service of physically moving cargo between point of rest and any place on the terminal facility other than the end of a ship's tackle. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2 013 Effective January 21,2013 January 1,2014 1 55 `yid (o) Loading and Unloading. Loading and unloading means the service of loading or unloading cargo between any place on the terminal and railroad oum, trucke, lighters or barges or any other means of conveyance to or from the terminal facility. (p) Whaifage. Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf;or passing through,over or under a wharf or transferred between vessels;or loaded to or unloaded from a vessel at a wharf regardless of whether or not a wharf is used. Wharfage is solely the charge for use of a wharf and does not include handling, sorting,piling of freight or charges for any other services. (q) Demurrage. A charge assessed against cargo remaining in or on terminal fac libey after the expiration of free time,unless arrangements have been made for storage. (r) Free Time. The specified period during which cargo may occupy space assigned to it on terminal prnpozg/, free of wharf demurrage or terminal storage cbar0eo, immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel. 105 APPLICATION OF TARIFF (a) General Application of Tariff Rates,charges,rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of 8evvuzd, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward,and specifically to municipal docks,structures uppurtenanu thereto and waterways under the management of the City of Seward. The ,umeo, uburgeu, rules and regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine _ � Industrial Center (8B�l[), including ymdx, basin, docks, dolphins, 250'tooTruv��i�. and shiplift ~ww� platform; and any other terminal facilities under the jurisdiction and control of the City of Seward. (b) Tariff Effective. Rates,charges,rules and regulations named in this tariff and any additions,revisions,or supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to this tariff on and after revisions, or supplements thereto. Unl ss otherwise specified all transit freight received at terminals and undelivered prior to effective dates of tariff,revisions,or supplements thereto, shall be charged the rates in effect on the date such freight was received until entire lot or shipment has been withdrawn. (c) Acceptance of Tariff Use of the docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (d) Reservation of Agreement Rights. Right is reserved by the City of Seward to enter into agreement with uuoiora, ddppos, consignees and/or their agents concerning rates and uerviceu, providing such agreements are consistent with existing local, state and federal law governing the civil and business relations of all parties concerned. (e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and the acceptance of services shall conform to conditions of docking and facility use set forth herein. Only those operators who have a valid shiplift system use permit shall have access to the shiplift system. ■mmw- Port and Harbor TariffRegulations City of Seward,Alaska Revised January 11,2013 Effective January 24, 2013 January 1,2014 2 �� L �� cr 110 APPLICATION OF RATES (a) Except as otherwise provided herein,rates apply per 2,000 lbs.,or per 40 cubic feet as rated by ocean carrier,or per 1,000 feet board measure,or 42 gallons per barrel of bulk petroleum products corrected to 60 degrees Fahrenheit net,or 376 lbs. per barrel of bulk cement. (b) Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not provided for specific commodities,rates to be applied are those established for "Freight N.O.S." 115 INSURANCE Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the city docks, shiplift system,or terminal facilities. If the City does acquire any such insurance,the charges for that insurance shall be in addition to fees described in this tariff. 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (a) Responsibility for Charges. The vessel,its owner or agents,shippers or consignees,owner of the cargo on the vessel, and, in the case of shiplift operation, the permit holder shall be jointly and severally responsible for payment of charges named herein and such payment responsibility applies without regard to the provisions of bills of lading,charter party agreements,vessel repair,contracts or other conflicting provisions. (b) Prepayment, Time of Prepayment,Acceptable Security,Refund of Excess. All charges for services rendered by the City of Seward for the use of docks,shiplift and other terminal facilities are due Sailor and payable in cash in advance of such services or use,as follows: (1) For all charges attributable to the vessel from its owners or agents before a vessel commences its loading or discharging. (2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift system. (3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee before the cargo leaves the city docks or terminal facilities. (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash deposit or acceptable security in an amount equal to 125%of the estimated applicable charges shall be required to be posted with the City of Seward six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the Harbormaster,but in all cases in advance of actual services rendered. Wherever a cash deposit has been posted, any excess thereof,after satisfaction of all applicable terminal charges,shall be promptly refunded by the City of Seward to the posting party. (c) Waiver of Prepayment Requirement. The Harbormaster,in his sole discretion,may waive the cash-in- advance requirement as to all or any category or categories of anticipated charges when the party responsible for such charges has been identified to the satisfaction of the Harbormaster and (1) That party responsible has established credit worthiness acceptable to the Harbormaster;or r Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2014 3 5 c1 (2) The permit holder has established credit worthiness acceptable to the Harbormaster;or No (3) Adequate security,acceptable to the Harbormaster,has been posted;or (4) The agent requesting terminal services or use or any other entity acceptable to the Harbormaster as credit worthy has personally accepted financial responsibility for the applicable charges. The City of Seward retains the right,in its sole discretion,to determine whether a responsible party or an agent is credit worthy,and to waive the cash-in-advance requirement. The City may establish guidelines for determining whether a responsible party or an agent is credit worthy. Compliance with these guidelines does not create a right to waiver of the cash-in-advance requirement. (d) Charges on Delinquent Accounts. All invoices,except for damages to City of Seward property,will be declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of 10.5% per annum. All extra expenses, including legal expenses, litigation costs, or costs of agents employed to effect collection shall also be assessed to, and payable by such accounts. 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (a) Responsibility Limited. Generally,no persons other than employees of the holders of authorized terminal use permits shall be permitted to perform any services on the wharves or docks,or in any other terminal facility of the City of Seward,except upon written authorization of the Harbormaster. No persons other than employees of the holders of authorized shiplift system permits shall be permitted to perform any services on the shiplift system. Permit holders shall be required to obtain any necessary terminal use permits prior to performing any services on any other terminal facility of the City of Seward,except upon written authorization of the Harbormaster. The City of Seward,its employees and agents shall not be liable for the injury of persons on the city docks,shiplift system,or terminal facilities,nor shall they be liable for any loss, damage, or theft occasioned by such persons' presence on the city docks, shiplift system, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. The City of Seward,its employees and agents are not responsible for loss or damage caused by fire,frost, heat, dampness,leakage,weather damage, evaporation,natural shrinkage, wastage or decay;animals, rats, mice or other rodents;moths, weevils or other insects;leakage or discharge from fire protection systems;collapse of buildings or structures;breakdown of plant protection systems;breakdown of plant or machinery or equipment;or by floats,logs,piling or camel logs required in breasting vessels away from a wharf;nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor,combinations,riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. Shiplift System. The City of Seward,its employees and agents make no representations or warranties that the shiplift system is adequate or sufficient for any particular vessel. Further,the City of Seward,by requiring that only holders of shiplift permits be authorized to utilize the shiplift system, makes no representations or warranties of any kind that the work,operation,materials,design or other aspects of the work performed or contracted to be performed by such a permit holder is of good and workmanlike quality,or in conformance with industry standards.Vessel owners are advised that the City of Seward is not responsible for and specifically disclaims any liability for work performed or contracted to be performed by a permit holder,except for those damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 4 lkov The City's inspection,if any,of vessels and placement on cradle systems is done solely for the purpose of protecting the City's interest and investment in the shiplift system and should not be construed as an acceptance of any responsibility to inspect or to inspect in any particular manner. (b) Indemnity. Each user,permit holder, vessel, vessel owner and its agents,shippers or consignees shall indemnify, defend and hold harmless the City of Seward against any and all claims arising from any breach or default in performance of any obligation to such parties to be performed under the terms of this tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim, action or proceeding brought against the City of Seward except only for those caused by the City's own negligence. (c) Owner's Risk. All of the following shall be at the owner's risk except for those damages caused by the City's own negligence: (1) Glass,liquids and fragile articles will be accepted only at owner's risk for breakage,leakage or chafing. (2) Freight on open ground is at owner's risk for loss or damage. (3) Freight subject to freezing will be accepted only at owner's risk. (4) All water craft,if and when permitted by the Harbormaster or his authorized agent to be moored at wharves or alongside of vessels, are at owner's risk for loss or damage. (5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage. 130 RIGHTS OF THE CITY OF SEWARD Without in any way limiting the general authority of the City of Seward, the City shall have the following powers: (a) Access to Harbor or Port Facilities. The City shall at all times have the right to refuse access to any city dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility,including the shiplift system. This right shall be reserved at all. times to the City without responsibility for demurrage,loss or damage when: (1) Previous arrangements for use, space, receiving or unloading have not been made with the Harbormaster; (2) The vessel is unsafe or hazardous and may pose a risk to life or property; (3) The value of the vessel, in the opinion of the Harbormaster, is less than the probable service charges and other charges related to its use of the city dock or terminal facilities; (4) During periods of congestion, or in cases of emergency, when, in the judgment of the Harbormaster,the circumstances then prevailing or likely to occur will prevent the city dock or terminal facilities,or any portion of them,from providing customary services to the public. (b) Right to Refuse Cargo. In his discretion,the Harbormaster shall at all times have the right to refuse to accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to discharge: rr Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 19,2013 Effective January 21,2013 January 1,2014 5 1 Ned (1) Cargo for which previous arrangements for space,receiving,unloading or handling has not been made with the Harbormaster by shipper,consignee or vessel. (2) Cargo not suitably packed for safe transportation. (3) Cargo deemed by the Harbormaster,in the reasonable exercise of his discretion,to be offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations(including 49 CFR Parts 171-179). (4) Cargo, the value of which may, in the opinion of the Harbormaster,be less than the probable service charges and other charges related to it. (5) Cargo, during a period of congestion, or in cases of emergency, when,in the judgment of the Harbormaster,the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities,or any portion of them,from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion,the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel,person or cargo at any time from any city dock or terminal facility,including the shiplift system,in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. (d) Right to Remove, Transfer or Warehouse Cargo. (1) Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at all times have the right to immediately remove all hazardous or offensive cargo, or cargo,which by its nature,is liable to damage other cargo or city dock or terminal facilities. The cargo may be removed from its present location to any other location with all expenses and risk of loss or damage to be the responsibility of the owner,shipper or consignee. (2) Cargoes beyond free time. Any cargo remaining on city dock or terminal facilities after expiration of any applicable free time may be removed to public or private warehouses,and all expense of removal and risk of loss or damage shall be the responsibility of the owner,shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. (e) Right to Withhold Deliver of Freight. Right is reserved by the City of Seward to withhold delivery of freight until all accrued charges and/or advances against said freight have been paid in full. At the Harbormaster's discretion,any or all of such freight may be placed in public or private warehouses,and all cost of removal and subsequent handling and storage shall be the responsibility of the owner of the freight. (f) Right to Sell for Unpaid Charges. Freight on which unpaid terminal charges have accrued may be sold to satisfy such charges and costs, provided such sale has been publicly advertised. Freight of a perishable nature or of a nature liable to damage other freight may be sold at public or private sale without advertising,provided the owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time. Port and Harbor Tariff Regulations City of Seward,Alaska "iud Revised January 14,2013 Effective January 24,2013 January 1,2014 6 Lc-�lJ (g) Explosives. The City of Seward shall not allow the acceptance,handling or storage of explosives within moor the confines of the Port of Seward without prior arrangement with the Harbormaster and as governed by rules and regulations of federal, state and local authorities, (h) Right to Remove, Transfer or Rearrange Vessels. (1) Hazardous Vessels or Vessels with Hazardous Cargo. In his discretion,the Harbormaster shall at all times have the right to immediately remove any hazardous or offensive vessel,or any vessel containing hazardous cargo,or any vessel containing cargo which by its nature is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other location, and all expenses and risk of loss or damage shall be the responsibility of the owner, shipper or consignee. (2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner,shipper,consignee or vessel. (3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials, equipment,trash,or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any time, and all expense of removal and risk of loss or damage shall be the responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the vessel as responsibility may appear on shipping documents,manifests or other sources. 135 REQUESTS AND COMPLAINTS Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the Harbormaster,City of Seward,P. O. Box 167, Seward,Alaska 99664. 140 DELAYS-NO WAIVER OF CHARGES Delays in loading, unloading, receiving or delivering freight,moorage of vessels, or receiving, discharging, lifting, or transferring vessels on the shiplift system or Travelift as a result of harbor congestion, equipment failure or breakdown,or of combinations,riots or strikes of any persons in the employ of the City of Seward or others,or arising from any other cause not reasonably within the control of the City of Seward,will not excuse the owners, shippers, consignees or carriers of the freight or vessel, or the permit holder, from full service, wharf demurrage,moorage or other charges or expenses which may be incurred under conditions stated herein. 145 MANIFESTS REQUIRED OF VESSELS Masters,owners,agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels'manifests showing names of consignees or consignors and the weights or measurements of all freight loaded or discharged at the docks or terminal facilities of the City of Seward.Such manifests must be certified as correct by an authorized official of the company and must also designate the basis of weight or measurement on which ocean freight was assessed. In lieu of manifests,freight bills containing all information as required above may be accepted. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 21,2013 January 1,2014 7 5D, Ship's Documents. The Harbormaster may require masters,owners,agents,operators and/or permit holders to execute a moorage application containing descriptions of the following items: (i)fuel;(ii)ballast;(iii)water; (iv)cargo;and(v) structural details for lift. 150 SAFETY,SANITATION AND HOUSEKEEPING (a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities,including the shiplift system,should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance include Chapter 9.15 (Fire Prevention and Uniform Fire Code),Title 14(Utilities including Garbage, Sewer,Refuse,Electricity and Water)and Chapter 7.10(Ports and Harbors). All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough,the State of Alaska,and the United States of America,including those adopted by international treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including shippers,permit holders,vessels and consignees,are hereby warned that the party or parties responsible for infractions of such laws,regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws,regulations or policies. (b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous,extremely flammable,corrosive,explosive or otherwise poses a significant risk of harm to property or persons,at least 24 hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (c) Responsibility for Housekeeping. Users of docks and other terminal facilities,including permit holders of the shiplift system, will be required to maintain same in an orderly manner as directed by the Harbormaster. If user does not properly clean property used, the Harbormaster shall order the work performed, and user will be billed for the services in accordance with the rates set forth in Subsection 225 of this tariff. (d) Smoking Prohibited. No smoking shall be allowed on any wharf,pier,or the shiplift system,or in any facility, warehouse or transit shed, except in approved areas specifically designated for that purpose. Persons violating this rule may be barred, at the discretion of the Harbormaster,from the further use of any wharf or facility,including the shiplift system, and,in addition,shall be subject to prosecution under applicable federal, state and municipal laws. (e) Used/Waste Oil and Petroleum Products. All used/waste oil and petroleum products must be properly disposed of by the vessel/owner. The City of Seward offers a limited ability to take small quantities of used oil and petroleum products as a convenience to the boating public.Up to five gallons of used oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be no storage,even of a temporary nature,of used/waste oil or petroleum products on city docks,wharves,piers or finger floats. Any vessel/owner/agent storing or disposing of used/waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor and/or penalized according to the provisions of federal,state and local law. Larger quantities of used oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case-by-case basis with applicable charges assessed for disposal. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 8 Co)\ 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users, including permit holders, damaging city docks,the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost,including overhead. 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff Except as otherwise provided in this section, the rates, rules and regulations published in other sections of this tariff apply to vessels, shippers and consignees of bulk petroleum products. (b) (7muringundBxudn8Potro/uu/nl/nmx. Shippers,consignees or vessels and persons in charge thereof are responsible for providing steam or other heating means to assure the proper flow of asphalt and other petroleum products requiring heat. Shippers,consignees or vessels and persons in charge thereof will be responsible for clearing all petroleum products from lines located on or adjacent to any terminal facility after a vessel completes loading or discharging unless otherwise authorized by the Harbormaster. In the event the City of Seward performs any of the above named services, rates shall be charged in accordance with Subsection 225 of this tariff and billed to the shipper,consignee or vessel. (c) Regulations Governing Petroleum Products. The transfer of bulk petroleum products shall be made in compliance with Seward City Code provisions,including Chapter 9.15(Fire Prevention and the Uniform Fire Code), as well as other local, state and federal laws, rules or re /labona. (d) Housekeeping. Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up *liar immediately. Vessels or consignees shall remove temporary lines immediately upon completion of receipt or discharge of flammable liquids. Spillage from disconnected lines shall be cleaned up immediately by vessel or consignee. Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system,the permi holder shall be responsible to see that said leakage or spillage is cleaned up immediately. �—_ Port and Harbor Tar(ff Regulations City of Seward,Alaska Revised January 2Y'Z0/J Effective January ZY.2013 January 2'J0J4 9 / -� \��� SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal facility,including the shiplift system,must use sufficient tugs so that vessels can be berthed or removed in a safe manner. Berthing speed shall not exceed sixteen feet per minute,unless approved by the Harbormaster. Within the Small Boat Harbor: (a) Assignment of Berths. The Small Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator,are not assignable by the owner/operator and automatically expire upon sale or transfer of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities,it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List for Permanent Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 17 feet(accommodates vessel 12 to 21 feet) Nod 23 feet(accommodates vessel 22 to 26 feet) 32 feet(accommodates vessel 27 to 36 feet) 40 feet(accommodates vessel 37 to 44 feet) 50 feet(accommodates vessel 45 to 54 feet) 60 feet(accommodates vessel 55 to 64 feet) 75 feet(accommodates vessel 65 to 79 feet) 90 feet(accommodates vessel 80 to 94 feet) 100 feet(accommodates vessel 95 to 104 feet) 105 feet or longer-side tie only-up to 150 feet Assignments to a permanent slip from the waiting lists shall be made year round by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50)per year per listing on the waiting list(s)for a permanent slip assignment. The wait list year runs November 1 through October 31. (c) Permanent Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Small Boat Harbor,a permanently assigned slip may be assigned to a transient vessel when the permanently assigned owner/vessel is out of the harbor. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 10 V(A (4) Upon the return of the permanently assigned vessel to the Small Boat Harbor(provided proper notifications are given and based on harbor congestion and the difficulties involved in moving vessels),the Harbormaster will attempt to rearrange vessels so that a vessel with a permanent slip assignment may berth at that assigned slip. (5) A vessel assigned a permanent slip assignment must notify the Harbormaster when departing the harbor for more than five (5) days. If away from Seward for more than five (5) days, a permanently assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Small Boat Harbor. (d) Grace Period for Late Renewals. A permanent slip holder who fails to renew by December 31 may renew prior to January 15 rather than relinquish the slip,provided that(1)all other permanent moorage requirements are met, and the applicable transient rate is paid on or before January 15. (e) New permanent slip assignment. For a new permanent slip moorage agreement entered into after January 1, the following rules and charges apply: (1) If the customer has already paid for transient moorage, the customer charges will be converted from transient charges to tenant charges on the effective date of the slip assignment. The tenant annual moorage fee shall be charged on a pro-rated basis and is due in full on the date of the slip assignment. (2) If the customer is new to the harbor and has not paid any moorage fees,the annual moorage fee shall be charged on a prorated basis and is due in full on the date of the slip assignment. (3) As stated in paragraphs(e)(1)and(2)above,pro-rated basis shall be calculated by dividing the annual moorage amount by 12,and charging the new tenant 1/12`s of the annual tenant moorage rate per calendar month for the remainder of the calendar year. If a slip assignment occurs during a calendar month,the partial month will be charged the lesser of the daily rate or 1/12th the annual amount. (f) Permanent and Temporary(Transient)Slip Assignments. There are two types of slip assignments at the City of Seward Small Boat Harbor. The first is a permanently assigned slip and the second is a transient slip. Slips that are permanently assigned to a boat/owner may be used for transient moorage when the permanently assigned vessel is away from the slip. (g) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Those vessels which have received permanently assigned slips should notify the Harbormaster's office twenty-four(24)hours prior to expected arrival to allow the harbor staff time to free the slip. If,despite reasonable efforts,the Harbormaster is unable to clear a permanently assigned slip due to congestion, high winds or safety considerations, a vessel with a permanently assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Small Boat Harbor which have not,for any reason,received a berthing assignment by radio contact or otherwise shall be restricted to the following areas:west side of X float;south side of F float;K float;L float;I dock;and T dock eity-leek. If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is permitted to raft to a vessel already berthed. (h) Vessel Registration. All vessels must have a current registration form(Application and Agreement for Transient Moorage)on file with the Harbormaster. These forms must be filed immediately upon arrival �.► Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24, 2013 January 1,2014 11 at the Small Boat Harbor. However, vessels that arrive after normal Harbormaster office hours must Ned register before 10:00 a.m.the following day. 205 MOORAGE RATES (a) Calculation of Moorage Rates. Moorage charges shall commence when a vessel is made fast to a wharf, pier or other facility,or when a vessel is moored to another vessel so berthed("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the berth. A vessel berthed at any time between 12:01 a.m. and midnight shall be charged a full day's charge; provided,that the Harbormaster may,in his discretion and with proper and appropriate advance notice, waive a daily rate for a vessel that will occupy a berth or float for a minimum time,and,provided further, that the Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. Moorage charges shall be calculated on the overall length of the vessel or the length of the float(slip) assigned,whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to be effective as of January 15`, to reflect the five previous published years' average increase in the Consumer Price Index,All Items, 1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics. Bills sent out prior to January l S`will reflect the upcoming January 1st adjusted rates. (For example,2814 2014 rates reflect an increase based on the average CPI for 2006-2018 2007-2011). Overall length shall be construed to mean the linear distance, expressed in feet,from the most forward point at the stem to the aftermost part of the stern of the vessel,measured parallel to the base line of the vessel.The length shall include all hull attachments, such as bowsprits,dinghies,davits,etc. Nod For billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"may be used.The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Transient(Guest)Daily Rates. With the exception of vessel owner/operators who have paid an annual, semi-annual,or monthly fee in advance,all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be$064 0.70 per lineal foot of overall length of the vessel.(See Appendix A for a listing of Transient Moorage Rates according to vessel length): (1) Transient(Guest)Annual Rate.The Annual Rate shall be$50.91 52.23 per lineal foot. (2) Semi-Annual Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent(60%)of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6)calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (3) Monthly Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent(18%)of the annual rate established above. Each prepaid installment described in this Paragraph represents one(1)calendar month.The first Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2014 12 installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. (d) Moorage Rates for Slip Assignments. Moorage charges shall commence on the date a slip assignment is accepted.Charges shall continue until the holder ceases to have a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntary or involuntarily relinquishment of the space. Prepayment of moorage is required. (See Appendix B for a listing of moorage rates according to vessel length): (1) The vessel owner/operator must complete an Application and Agreement for Reserved Moorage in the form provided by the City. (2) Annual Rate.The vessel owner/operator has paid the annual fee based on the length of the vessel, or,the length of the slip,whichever is greater.The Annual Rate shall be$16.27$47.47 per lineal foot. (3) Semi-Annual Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent(60%)of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6)calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (4) Monthly Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent(18%)of the annual rate established above. Each prepaid installment described in this Paragraph represents one(1)calendar month.The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. (5) All permanently assigned berths are assigned on a calendar-year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay the annual moorage fee at the annual rate or in two semi-annual installments,each of which represents sixty percent(60%) of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. A vessel owner/operator may also elect to prepay the annual moorage fee in twelve monthly installments,each of which represents eighteen percent (18%)of the annual fee due on or before December 31 of the preceding year and the last day of each month of the current year. (e) Float Plane Fees. A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25)per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. 210 DOCKAGE (a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf,pier or other facility, or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays. (b) Basis for Computing Charges. Dockage charges will be assessed on the overall length of the vessel. Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward `... Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2014 13 point at the stem to the aftermost part of the stern of the vessel,measured parallel to the base line of the vessel. For dockage billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping" will be used. If no such figure appears in"Lloyd's Register",the City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Vessels Docked to Repair,Shore, Out or Fumigate. The shiplift dock,adjacent and to the north of the shiplift system, was constructed and intended primarily to be used for ship repair and maintenance. Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the Seward Marine Industrial Center will therefore be preferred over cargo operations. Full dockage will be charged if and when a vessel is permitted to make repairs or alterations,shore for special freight,outfit, store or fumigate while docked at a City dock or terminal facility. (d) Preference to Reserved Dock Use. A vessel may be permitted to berth at a City dock or terminal facility of the City of Seward without having first made written application for a berth assignment and without such an assignment having been granted. However, priority is given to City dock use reserved in advance with the Harbormaster. Further,any vessel seeking a berth at a city dock for a period longer than six(6)hours must complete,within twenty-four hours of arrival in the harbor,an Application and Agreement for Transient Moorage(see"Forms"in the preface of this document),or have a current copy of same on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a period of less than six(6)hours must notify the Harbormaster's office of such plan prior to arrival in the harbor. The City docks in the Small Boat Harbor include those adjacent to the fish processor's on-shore facilities, including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish Nod products to the processor's on-shore facilities. In addition,the East SMIC Dock is to be used first for receiving and delivery of fish and fish products to the processor's on-shore facilities. Reservations remain effective if such use begins within twenty-four(24)hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application(see"Forms"in the preface of this document),indicating berth and date(s)requested. (2) Reservation request must be received by the Harbormaster a minimum of seven(7)days prior to anticipated vessel arrival. (3) The vessel agent or other person requesting a berth("berthing agent")must provide,as may be requested by the Harbormaster as a part of the berthing process,to the extent of his knowledge,all information called for by any Supplement to Vessel Moorage Application(see "Forms"in the preface of this document)or any other information respecting the vessel including,but not limited to,its estimated arrival and departure, amount(s)and type(s) of cargo to be loaded/discharged, estimate of amount of each category of port charges, as enumerated, and party responsible therefor.The submission of this form,signed by the berthing agent,shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied,based upon and to the extent of information made available to the berthing agent at the time of submission; and the Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 14 ��a�a���d������m����������l��� Slaw by the City of Seward as a result of the agent's failure to so report accurately. Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the Harbormaster, it shall immediately notify the Harbormaster and, if requested by the Harbormaster, promptly file an amended Supplement to Vessel Moorage Application with the Harbormaster. (4) Harbormaster will determine availability of dock space and dates requested. Should scheduling conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize negative impacts on both(or all)parties. (5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage fees will be non-refundable unless a written cancellation is received by the Port a minimum of fourteen (14) days prior to scheduled vessel arrival. (See also Section I, Responsibility for Charges,Collection and Guarantee of Charge.) (6) All estimates of terminal charges are subject to approval and/or adjustment by the Harbormaster. The Harbormaster shall promptly,after receipt of said estimate,advise the berthing agent as to(1) its approval or adjusted estimate of terminal charges,and(2)whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (7) An agreement is made to work continuously utilizing not less than day and early night shifts(first and second shifts) and multiple longshore gangs, oraoeo, and equipment to the fullest extent available in accordance with circumstances then prevailing. (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in v�w� accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances,may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circu/uatuuoeu, the vessel may unload its cargo only if(1)the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (f) Charges on Vessel 36iftiug. When a vessel is shifted directly from one wharf or berth to another wharf or berth operated by the City of Seward,the total time at such berths will be considered together when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel,when actively engaged as a tug boat assisting and made fast outboard of a vessel loading or discharging cargo, will be accorded free dockage. NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived its right to free dockage for the entire period of berthing by its tended vessel. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the Harbormaster of any vessel carrying cargo whi biabuzu/douo.extreooclyfluoumoblo.uo/zooive,cnplooiveo/odbcnwiueyooua a significant risk of harm to property or persons at least twenty-four(24)hours prior to landing or use of Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 21,2013 January 1,2014 15 docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he fords that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Dockage Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as follows except as otherwise provided: Overall Length of Vessel Daily Charge Per Foot Up to 500 ft. W68-0.70 501+ft. $98-0.70 NOTE: Daily charge is for any period of twenty-four (24) hours. However, in computing dockage charges for any period of dockage less than twelve(12)hours,dockage charges at one-half(1/2)of one full day's dockage shall be assessed. For any dockage period greater than twelve(12)hours and less than twenty-four(24)hours, a full day's dockage shall be assessed. (b) Monthly Dockage Rate. A monthly dockage rate equal to one-half(1/2)of the total daily dockage rate for one month may be granted as follows: (1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. (2) Vessels Under Repair. Subject to scheduling requirements,the Harbormaster may,upon request, Naid allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair;and (ii) The monthly dockage rate is paid in advance by a full 30 days; and (iii) The user shall not be entitled to a refund for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance. (c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually so as to be effective as of January 1st,to reflect the five previous published years' average increase in the Consumer Price Index,All Items,1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics. Bills sent out prior to January 1st will reflect the upcoming January 1St adjusted rates. (For example,2044 2014 rates reflect an increase based on the average CPI for 2006 2010 2007-2011). 220 HANDLING,LOADING AND UNLOADING Handling,loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form provided by the City. Port and Harbor Tariff Regulations City of Seward,Alaska `'"d Revised January 11,2013 Effective January 21, 2013 January 1,2014 16 10 41_, 225 LABOR AND SERVICE CHARGES . A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage,wharfage,wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels (i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire hydrant: NO CHARGE. (ii) All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE $52.50. (2) Outside regular business hours: BASIC CONNECT CHARGE $185.00. (iii) In addition to(ii)above,a variable rate of$6.32/1,000 gallons shall be charged for potable water. (2) Electricity Small Boat Harbor (i) All Vessels(except Transient Vessels staying 15 consecutive days or less). Electricity(per kilowatt hour) _ _ $0.24 $.26 Customer charge for tenants(once per billing cycle) $19.10 $19.60 sibar Customer charge for transients or guests(once per location) $49,1A $19.60 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity(daily rate) 120 volt $10.00 208 volt/sing e phase $20.00 208 volt/three phase $40.00 Customer charge(per month) None (3) Electricity-Seward Marine Industrial Center (i) Connect fee $26.25 (ii) Electricity(per lcilovvutt hour) $0,3-2 $.34 (iii) Customer charge(per month) �-3-)9.0 $4090 (4) Towing inside Small Boat Harbor- $52.50 plus labor (5) Pumping vessel $31.50 plus labor (6) Used Oil,filter and sorbent disposal Over 5 gallons 0.53 per gallon plus labor and equipment Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment �~-- Port and Harbor Tarff Regulations City of Seward,Alaska Revised J^nuu/72l'20/3 Effective January 21, 2013 January 1,2014 17 \ (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user,it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: (i) All services not specifically described in this tariff; (ii) Services of loading,unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S.,and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff; (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which,because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning city docks,or terminal facilities,of dunnage,stevedore gear and other equipment or material when the shipper,vessel owner or consignee fails to promptly clear the facility as requested by the Harbormaster; (2) Rates named in this tariff for services involving labor are predicated upon straight-time wages for a workday between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Sunday. When over- time or penalty time wages to labor are necessary,rates are adjusted to include such penalties or differential rates. When a user notifies the Harbormaster of a request for labor for a specified time,and labor is on the job and ready for work at that time,the use shall be charged from the time the labor is ready for work until the work is concluded even if the work is delayed,provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged at FIFTY-TWO DOLLARS AND FIFTY CENTS($52.50)per hour straight-time(no premium)and SEVENTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS($78.75)per hour overtime. Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader $68.25 plus operator (2) Grader $68.25 plus operator (3) Oil Tanker $47.25 (4) Pickup Truck $ 8.40 plus operator (5) Crane Truck $12.60 plus operator (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2014 18 ltor (8) Back Hoe $31.50 plus operato (9) Pumps $31.50 plus labor (10) Smart Ash Burner $9l.50 plus labor (11) Misc. Power Equipment $31.50 plus labor (d) Special Services. Except where otherwise required by law,the Harbormaster has the authority to refuse to provide or to arrange for the provision of services in addition to those set out in Paragraph(a)above. Special services,including waste,or garbage disposal shall be billed at the City's actual cost plus 35% administrative overhead charges(including City labor costs as determined in Paragraphs 2 and 3 above) plus 125% of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward)laws,codes and ordinances. (e) Miscellaneous Charges (1) Meter test,each, when previous test occurred within 24 months $52.50 (2) Deposit required for transient moorage customers staying 15 or more consecutive days $100.00 (3) Tampering with or unauthorized breaking of meter seal $525.00 �� "�~ (4) Dishonored check fee $3580 (5) Reconnection after disconnect of delinquent account $42.00 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels,guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees. Prior to January 1 of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly,on a form,and in a manner,provided by the City,within 30 calendar days of the month following the month for which the fees are due. The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period,even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of$25 for each missed filing. Failure to remit all taxes collected or later found to be due by the due date,is subject to a penalty in the amount of 10%of the amount owed,plus interest charged at the maximum rate allowed by law per year,compounded monthly. Noi_ Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14' 20/3 Effective January 21, 2013 January 1,2014 19 1 �� (c) Failure to file. When an operator fails to file a return,or when the city manager finds that a return filed by Surd an operator is not properly supported,the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230(b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee. In addition to other tariff provisions,the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Small Boat Harbor. A capital renewal and replacement fee will be assessed to each vessel according to overall length. The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Small Boat Harbor. The fee must be pre-paid with moorage,or will be billed accordingly,as follows: $5.00 fee per month or fraction thereof: Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf,pier or other facility,or when a vessel is moored to another vessel so berthed("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions,when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY-ONE DOLLARS AND TWENTY-FIVE CENTS($131.25)per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a first-come,first-served basis,but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion;and (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged TEN DOLLARS ($10.00)per launch from the public launch ramps,or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED DOLLARS ($100.00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power,which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. Port and Harbor Tariff Regulations City of Seward,Alaska ` Revised January 14,2013 Effective January 24,2013 January 1,2014 20 J 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restroom facilities located in the Harbormaster's building. The showers are coin-operated,and the fee is TWO DOLLARS($2.00)(eight quarters)for 7 minutes. Change is available in the Harbormaster's office during regular business hours. 250 50-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Small Boat Harbor. The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding,the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through-the-hull fittings including propeller shafts,rudders, etc.; (4) Location,weight and type of ballast,fuel and water tanks; and (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator,or his agent,must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings,lines and destination location. It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the vessel,and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel.It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 255 50-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50-ton Travelift. A separate lift fee is generated whenever a vessel is lifted,even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January I,2014 21 75— (b) Lift Fee Ned (1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS($236.25)for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time,the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee,the lift fee shall be TWENTY-ONE DOLLARS($21.00)per foot of vessel length for each foot over fifty(50)feet during the first hour of use or any portion of time less than one(1)hour. (3) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS ($59.06)per one-quarter(1/4)hour or any portion of time less than one-quarter(1/4)hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS ($236.25)per hour. 260 250-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 250-ton Travelift in the Seward Marine Industrial Center. The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when,in his judgment,the public interest would be served. In making this public interest finding,the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion;and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City)having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to,the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through-the-hull fittings including propeller shafts,rudders, etc. (4) Location,weight and type of ballast,fuel and water tanks; and (5) Any special lift requirements to avoid vessel damage. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2019 22 Itiow (c) Responsibilities. The vessel owner/operator,or his agent,must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings,lines and destination location. It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 265 250-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250-ton Travelift. A separate lift fee is generated whenever a vessel is lifted,even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250-ton Travelift shall be THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS($346.50)for the first hour of use or any portion of time less than one(1)hour. The overall length of the vessel will determine the lift fee.A full lift fee is charged once a lift has commenced,even if that lift is subsequently interrupted,suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of Nor mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator.Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE(55)feet in length, an additional TWENTY-ONE DOLLARS($21.00)shall be charged for each foot of vessel length. over fifty five(55)feet during the first hour of use or any portion of time less than one(1)hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one(1)hour,a fee of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS($346.50)per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY-SIX DOLLARS AND SIXTY-THREE CENTS($86.63)and shall be generated per one-quarter(1/4) hour or any portion of time less than one-quarter(1/4)hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS ($346.50)per hour. 270 SHIPLIFT FEE (a) Description of Charge. The shiplift fee is the charge for lifting a vessel from the water and returning it to the water utilizing the shiplift. (b) Lift Fee. The shiplift fee shall be based upon vessel length. A full shiplift fee is earned once a lift has commenced,even if that lift is subsequently interrupted,suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the shiplift system is the responsibility of the permit holder and the vessel owner. ',oar, Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 21,2013 January 1,2014 23 11 (c) Basis for Computing Charges. The shiplift fee will be determined by the overall length of the vessel. Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward point at the stem to the aftermost part of the stern of the vessel,measured parallel to the base line of the vessel. For shiplift fee purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"will be used. If no such figure appears in"Lloyd's Register",the shiplift operator reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (d) Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift operator. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use. Late use or arrival will be rescheduled on a space-available basis. Reservations must specify arrival and departure dates and the nature of the work to be performed. A permit holder may secure a reservation under the following conditions: (1) Request for reservation is made on a Vessel Shiplift Use Application(see"Forms"in the preface of this document)indicating rail and date(s)requested. (2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to anticipated vessel arrival. (3) The permit holder must provide,as may be requested by the shiplift operator as a part of the lifting process,to the extent of his knowledge,all information called for by any Supplement to Shiplift Use Application(see"Forms"in the preface of this document)or any other information respecting the Ned vessel including,but not limited to, its estimated arrival and departure, amount(s) and type(s)of cargo on board, and estimate of amount of each category of port charges, as enumerated. The submission of this form,signed by the permit holder or his agent,shall constitute the permit holder's attestation as to the accuracy of the information therein supplied;and the permit holder shall be held personally liable to the shiplift operator and the City of Seward for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's failure to so report accurately. Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the permit holder reasonably believes is not equally known to the shiplift operator,it shall immediately notify the shiplift operator and,if requested by the shiplift operator,promptly file an amended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be non-refundable unless a written cancellation is received by the shiplift operator a minimum of fourteen(14) days prior to scheduled vessel lift. (See also Section I,Responsibility for Charges, Collection and Guarantee of Charge.) (5) All estimates of charges are subject to approval and/or adjustment by the shiplift operator. The shiplift operator shall promptly,after receipt of said estimate,advise the permit holder as to(1)its approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (6) An agreement is made to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts (first and second shifts) and equipment to the fullest extent available in accordance with circumstances then prevailing. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 21,2013 January 1,2014 24 %or (7) In addition to the terms for lift reservation and establishment of fmancial responsibility as set forth herein,requests for lift reservation and assignments of lifts shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some circumstances,may allow the lift of a vessel before the permit holder or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of lifting. (f) Inspection of Vessels on the Ship/ift P/u�hnn. Except in extraordinary circumstances and with the prior approval of the Harborm oter.voaoeloareoothoheiuopoctedoothcobip§ftplutfonm.&l}veooc|mazeto be lifted utilizing a moveable cradle system.Inspections of lifted vessels are to be limited to ascertaining that a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system to a repair booth, (g) Repairs m Vessels on the ShipliftSystem. Vessels may not occupy the shiplift system for the purposes of repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be permitted to occupy space on the shiplift only with the understanding that it shall be moved when the shiplift system is needed for any rauxou, including maintenance of the system. A vessel on notice to move which refuses to move will be assessed lay charges at TEN(10)times the normal rate,starting at the time the vessel is noticed to vacate. In addition,vessels refusing to vacate on demand may be moved by shiplift operator personnel or otherwise,and any expenses, damages to vessel or to other vessels or shiplift system during such removal shall be charged to the vessel so moved. All vessels using the shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster of his agents. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the time of reservation of the fuel,ballast and any unusual weight distribution or structural requirements for lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous, extremely flammable,corrosive,explosive or otherwise poses a significant risk of harm to property or persons at least twenty-four(24)hours prior to landing or use of the shiplift system. The shiplift operator,at his sole discretion,may issue a permit for shiplift system use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such vessel. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. Bowevor, all vessels must be removed from dockside within three(3)hours of receiving notice from the shiplift operator or his agents. (j) Lift Fee Rates. The lift fee shall be TEN DOLLARS AND FIFTY CENTS ($10.50)per foot of vessel length. This fee does not include labor charges for operation of the shiplift system as described in Subsection 225. This fee does not include any daily lay charge as described in Subsection 265. 275 DAILY SHIPLIFT LAY CHARGE (a) Description of Charge. The daily lay charge is the charge for vessels either on the shiplift system or upland of the shiplift system on repair berths. (b) Lay Fee. Daily lay charges shall be based on the number of complete or partial days a vessel is on the shiplift system or upland of the system. Each day commences utl2:Olu.no. In computing daily lay charges for less than 12 hour ,lay charges at one-half(1/2) of one full day's charge shall be assessed. For any lay time greater than 12 hours and less than 24 hours,a full day's lay charge shall be assessed. Port and Harbor Tariff Regulations City of Seward,Alaska '14._. Revised January/4,z0/3 Effective January uv.2013 January J,J0/4 25 -7/ (c) Basis for Computing Charges. The daily charges shall be assessed against a vessel regardless of vessel size or length. (d) Rate. The daily charge is TWO HUNDRED TEN DOLLARS ($210.00)per day or a portion thereof. Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS ($315.00)per day or a portion thereof. 280 UPLAND STORAGE (a) Area of Land Available. The City of Seward will make available a limited area of land in the Small Boat Harbor and the Seward Marine Industrial Center(SMIC)for storage of boats or boats on trailers subject to the following conditions: (1) Space is made available on a first-come,first served basis. (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster. (3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use upland storage space. Charges assessed depend upon the nature of work being conducted. (b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer(whichever is greater) and shall be based on a per-calendar-month charge. (c) Lay Time Rates (1)Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS($9.19)per day for stays of ten(10)days or less in any calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be charged at a rate of NINETY-ONE DOLLARS AND EIGHTY-EIGHT CENTS($91.88)per calendar month for a vessel,trailer or cradle up to fifty(50)feet in length. The monthly charges for larger vessels shall include an additional ONE DOLLAR AND FIFTY-EIGHT CENTS($1.58)per foot for each foot over fifty feet in length. (2)Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of ten cents($0.10)per linear foot of the overall length of the vessel per calendar day.For stays of longer than one year,the lay time shall be charged at a rate of twenty cents($0.20)per linear foot of the overall length of the vessel per calendar day after one year. (d) Empty Cradles/Trailers and Equipment. For purposes of this tariff,a vessel trailer or cradle or equipment stored beyond a 10 foot radius of the vessel shall be measured and charged thirty cents($0.30)per square foot per calendar Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2014 26 2a I kr (b) Over-side. One-half of wharfage named herein will be charged to merchandise discharged or loaded over-side of vessel directly to or from another vessel or to the water when vessel is berthe at a wharf. (c) Over-stowed Cargo. Over-stowed cargo destined for discharging at another port will be exempt of wharfage charges,provided that such cargo is not removed from wharf prior to reloading to the vessel. 290 WHARFAGE RATES (a) Schedule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of 2,000 pounds or per 40 cubic feet. Commodity Wharfage Rate Freight N.O.S. $3.15 Scrap(iron,steel) $3.15 Raw fib unprocessed $3.15 fish, � Poles,logs, cants or cut finished lumber per MBM(Note:2,000 lbs shall be deemed 1 MBM $3.15 Petroleum products(inbound)per barrel $0.18 Petroleum products(outbound)per barrel $0.25 Petroleum products(gasoline)per gallon $0.015 $10168 Petroleum products (diesel)per gallon $(4A4-5 $0L0081 Plastic material $4.20 Explosives $26.25 Vans or containers (net contents weight) $2.10 Vehicles(gross vehicle weight $5.25 Bulk gravel $0.26 Bulk salt $0.89 (b) Discount Rates Based on Guaranteed Payments. Upon approval by the Seward City C0000d, those shippers who guarantee minimum levels of wharfage payments regardless of actual shipments may obtain a written prepayment agreement(in the form provided by the City). The discounted rates shall be as follows based on a guaranteed annual payment of at least$250,000 regardless of volume shipped: Timber and timber products, first 100,000 tons $1.58/tou Next 80,000 tons $1.31/mo Excess over 180,000 tons $0.53/ton Port and Harbor Ta rff Regulations (]/y of Seward,Alaska Near Revised Janxu,y}4, 2013 Effective January 21, 20}3 January J'20f4 27 \ 295 WHARF DEMURRAGE (a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time,unless arrangements have been made for storage. (b) Calculation of Free Time. Free time is calculated exclusive of Saturdays,Sundays or holidays. Free time starts at 7:00 a.m.after freight is received or unloaded onto wharf from car of truck or,in the case of freight received from vessel,at 7:00 a.m.after completion of vessel's discharge. On outbound traffic,the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time,the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period,the longer period shall be allowed,but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates. After expiration of applicable free time,wharf demurrage will be assessed at the following rates (per day,per ton(2,000 lbs.)or portion thereof): Commodity First 5 days After 5 days All freight,N.O.S. $ 1.26 $2.52 Mobile homes,portable buildings, living quarters $26.25/day/unit $105.00/day/uiit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY-SIX CENTS($.26)per square foot for each month or fraction thereof after expiration of free Nod time above. (e) Lay-Down Areas. All cargo is expected to vacate city docks,wharves and piers as soon upon arrival as possible. Cargo is not to be stored on city docks,piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster. The Harbormaster shall have the discretion to refuse all cargo activities and/or lay-down,either inbound or outbound. Cargo that is allowed to wait for "beyond" transportation shall adhere to the following rules: (1) Lay down areas are outside of 100'of water front immediately adjacent to the dock, wharf or ramp. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay-down areas. (3) Cargo and freight not placed in a designated lay-down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate,starting at the time the vessel,shipper or consignee is noticed to move the cargo. (5) In addition, the Harbormaster may,in his discretion,move cargo or freight,and any expense or damages,including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee,except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2014 28 Now PORT AND HARBOR TARIFF REGULATIONS LEGISLATIVE HISTORY NOTES Per Ogden Beeman &Associates, Inc Tariff Report dated May 7, 1993, the Port of Seward had 3 tariffs: General Terminal Tariff(October 5, 1992), Shiplift System Tariff(October 15, 1992), Small Boat Harbor Tariff(July 1, 1992). Combined into two we have now. *Ordinance 95-11 Revised the Port and Harbor Code CITY DOCKS AND TERMINAL FACILITIES DATE RESOLUTION ACTION EFFECTIVE 1/22/1990 1990-009 Adopted general terminal tariff#1 setting rules,regulations& 2/1/1990 charges for city docks and terminals except for the shiplift dock and the small boat harbor. 4/9/1990 1990-031 Approved Amendment#1 to incorporate changes by the Federal 4/1/1990 Maritime Commission and to add the terminal use permit to the Retroactive tariff. 6/10/1991 1991-068 Approved Amendment#2 to incorporate payment agreement 6/10/1991 with Chugach Alaska Corporation. 6/22/1992 1992-096 Approved Amendment#3 adjusting tariff rates and names for 7/1/1992 the 250 ton Travelift. 7/13/1992 1992-119 Approved amendment#4 adopting a wharfage rate of$.25 per 7/20/1992 ton for bulk gravel. 9/14/1992 1992-151 Approved amendment#5 establishing a declining block rate for 10/5/1992 electrical service for large energy users. 6/14/1993 1993-092 Approved amendment#6 to increase certain tariff fees to enable 8/1/1993 the city to fund harbor improvements.Required approval by Federal Maritime Commission(FMC). 5/28/1996 1996-071 Sets and amends various fees and definitions in the tariff Failed effective July 1, 1996. 6/10/1996 1996-076 Added interest rate and other charges for delinquent accounts. 7/1/1996 5/26/1998 1998-056 Amend Travelift and Upland storage fees. 7/1/1998 11/23/1998 1998-132 Reduce wharfage rates for unprocessed fresh fish from 12/3/1998 $35.00/ton to$3.00/ton. 5/22/2000 2000-050 Amend adding fees for equipment usage,used oil recovery 5/22/2000 services,travelift calculations, eliminating tiered rate schedules and adopting a daily rate schedule for moorage. 9/11/2000 2000-093 Amend tariff to impose a passenger fee in order to provide the 9/21/2000 funds to pay expenses and debt service on revenue bonds for capital improvements. 5/13/2002 2002-043 Amend tariff reflecting the application of the Anchorage CPI. 5/13/2002 9/9/2002 Could Not Amend to establish an annual adjustment to moorage fees in the Failed? Locate Seward small boat harbor by the previous year's Anchorage Consumer Price Index for all urban consumers (CPI). 11/8/2002 2002-112 Adjusted moorage fees by the previous year's Anchorage 12/31/2002 Consumer price index(CPI)for all urban consumers. 12/8/2003 2003-156 Amend the Port and Harbor tariff by 5%. Postponed for PA CAB review. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 21,2013 January 1,2014 29 DATE RESOLUTION ACTION EFFECTIVE 12/14/2004 2004-128 Amend Port and Harbor tariff to increase moorage rates by 1/1/2005 12.96%increasing the linear foot rate from$31.69 to$35.80 and water rates from$4.25 to$6.02 per 1,000 gallons.Passed. Motion to Reconsider filed. 5/9/2005 2005-028 Amending the tariff by increasing moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund east harbor construction including Z-float. 5/9/2005 2005-030 Amending the tariff by increasing moorage rates by 35.58% Failed from 35.80 to 48.54 per linear foot to fund east harbor construction south harbor and uplands. 5/23/2005 2005-037 Amends the tariff by increasing moorage rates over a three year Failed period by 12/58%in 06 to 12%in 07 and 11%in 07 to fund the harbor project. 9/12/2005 2005-080 Amends the tariff by modifying the passenger transit fee to 1/1/2006 change penalties for failure to remit payment and increase the passenger fee from$1.50 to$3.50 per passenger to fund harbor expansion project. 9/12/2005 2005-081 Amends the tariff by increasing moorage rates by 10%effective 1/1/2006 1/1/06 to fund harbor expansion project. 11/13/2007 2007-097 Amends the tariff by increasing all moorage, wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees)effective January 1,2008. 11/26/2007 2007-122 Amends the tariff by increasing daily launch fees from$5 to 1/1/2008 $10,annual permits to$100, excluding all vessels propelled solely by human power which remains at$5. 12/8/2008 2008-127 Amends the tariff regulations Subsection 225 RE: electric billing 12/18/2008 for transient vessels according to a flat rate for stays of 15 consecutive days or less. 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the anchorage CPI for all urban consumers. 1/25/2010 2010-005 Amends the tariff regulations by providing for permanent slip 2/4/2010 assignments January through June each year. 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates 1/1/2012& to estimated CPI,increasing transient/guest moorage rates by 1/1/2013 10%,eliminating quarterly rates,eliminating miscellaneous electric charges for reconnection,restructuring harbor electric fees, and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 1/1/2012 2012 and 2013 harbor tariffs to correct errors,to eliminate the Retroactive& attachment of standard forms,to establish a basis for pro-rating 5/24/2012& charges for new tenants, and to establish a basis for late 1/1/2013 renewing customers. 8/13/2012 2012-060 Amends the tariff regulations by adopting the revision of the 2012 8/23/2012& and 2013 harbor tariffs to correct errors,to establish new wait list 1/1/2013 categories, and to extend the months when permanent slip assignments are made. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 30 DATE RESOLUTION ACTION EFFECTIVE 1/14/2013 2013-001 Revising the 2013 harbor tariff annual rate for reserved moorage 1/24/2013 customers and conform the moorage rate table Appendix B of the tariff. 1/14/2013 2013-002 Revising the 2013 harbor tariff to charge only one electrical 1/24/2013 customer charge per billing cycle to tenant customers at the small boat harbor and to charge one electrical customer charge per location for transient or guest customers. 1/14/2013 2013-003 Revising the 2013 harbor tariff to eliminate the requirement for 1/24/2013 electrical deposits for reserved moorage customers at the small boat harbor. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 21,2013 January 1,2014 31 SEWARD MARINE INDUSTRIAL CENTER (SMIC) SHIPLIFT SYSTEM DATE RESOLUTION ACTION EFFECTIVE 3/27/1990 1990-022 Tariff adopted by City Council,effective April 6, 1990 4/6/1990 following approval by Federal Maritime Commission(FMC). 4/9/1990 1990-034 Amendment#1 adopts rules and regulations for repair berth 4/20/1990 stations adjacent to the shiplift system effective April 20, 1990 following approval by FMC. 7/22/1991 Could Not Amendment#2 revised rates to reflect actual cost of operations Locate of shiplift effective August 1, 1991 following FMC approval. _ 9/28/1992 1992-165 Amendment#3 set annual availability cost fee&provided for 10/15/1992 declining block rate for electrical service provided by Harbor Dept.effective October 15, 1992 following FMC approval. 6/14/1993 1993-092 Amendment#4 revised tariff to increase certain tariff fees to 8/1/1993 enable city to fund harbor improvements,effective August 1, 1993. 6/12/2000 2000-057 Authorized and instituted the SMIC Upland Boat works policy. 7/10/2000 7/24/2000 2000-077 Revision to SMIC Upland Boat Works Policy. 9/7/2000 _ 9/24/2000 2000-109 Revision to SMIC Upland Boat Works Policy, deleting the 9/25/2000 prohibition on silica sand as a blast material. 11/8/2002 2002-112 Amend tariff to adjust moorage fees by 2.8%to previous year's 12/31/2002 CPI. 2/9/2004 2004-015 Decreased dockage rate for SMIC facilities from$1.00 to$.41 2/19/2004 per foot of length per day. 12/14/2004 2004-128 Amend harbor tariff to increase moorage rates and dockage by 1/1/2005 12.96%,increasing linear foot rate from$31.69 to$35.80 and ''F increasing water rates from$4.25 to$6.02 per 1,000 gallons. 5/9/2005 2005-028 Amend harbor tariff to increase moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund East&South harbor construction,upland amenities&Z-float. 5/9/2005 2005-030 Amend harbor tariff to increase moorage rates by 35.58%from Failed $35.80 to$48.54 per linear foot to fund East&South harbor construction and upland amenities. 5/23/2005 2005-037 Amend harbor tariff to increase moorage rates 12.58%, 12%, Failed and 11%over a 3-yr. period to fund East&South harbor construction and upland amenities. 9/12/2005 2005-080 Amend harbor tariff to increase passenger fee from$1.50 to 1/1/2006 $3.50 perpassenger,and modify failure to remit penalties. 9/12/2005 2005-081 Amend harbor tariff by increasing moorage rate by 10%. 1/1/2006 11/13/2007 2007-097 Amends the tariff by increasing all moorage,wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees). 12/8/2008 2008-127 Amends the tariff regulations and SMIC electricity charges in 12/18/2008 Subsection 225 to cover the cost to offer the service and introduce a customer charge and change the utility rate,plus add a fuel adjustment factor. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2014 32 Na DATE RESOLUTION ACTION EFFECTIVE New 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the anchorage CPI for all urban consumers. 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates to 1/1/2012& estimated CPI,increasing transient/guest moorage rates by 10%, 1/1/2013 eliminating quarterly rates, eliminating miscellaneous electric charges for reconnection, restructuring harbor electric fees, and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 2012 1/1/2012 and 2013 harbor tariffs to correct errors, to eliminate the Retroactive& attachment of standard forms, to establish a basis for pro-rating 5/24/2012& charges for new tenants,and to establish a basis for late renewing 1/1/2013 customers. • Port and Harbor Tariff Regulations City of Seward,Alaska %tow Revised January 14, 2013 Effective January 21,2013 January 1,2014 33 -1 2014 SEWARD SMALL BOAT HARBOR TRANSIENT RATES DAILY TRANSIENT MOORAGE @ 70c PER FOOT PLUS 7%SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL__ per ft ' ::_SEMI , per ft MONTH LENGTH_ $52.23 TAX CRR TOTAL: ,_ $31.34 TAX _ CRR n. �TOTAV M $9.40 TAX CRR : TOTAL- 13 $678.99 47.53 60.00 $78952; 407.42 28.52 30.00 4,46,5,94' 122.20 8.55 5.00 " $335 75 14 $731.22 51"19 60.00 $042;41`. 438.76 30.71 30.00 $49947; 131.60 9.21 5.00 = $14581 15 $783.45 54.84 60.00 0898;29 470.10 32.91 30.00 , $533.01':. 141.00 9.87 5.00 $155 87 16 $835.68 58.50 60.00 $954.18; 501.44 35.10 30.00 '.'i $ 6.64 F 150.40 10.53 5.00 7 5n$,165 93 17 $887.91 62.15 60.00 $1;010:06` 532.78 37.29 30.00 ' :'$60.9,07 159.80 11.19 5.00 `";''$;175,99 18 $940.14 65.81 60.00 $1,065295: 564.12 39.49 30.00 . : $63361= 169.20 11.84 5.00 $18604:- 19 $992.37 69.47 60.00 $1,121°.84' 595.46 41.68 30.00 .,; ;$.667;1'4• 178.60 12.50 5.00 -:-'$;19$-.1.0. 20 $1,044.60 73.12 60.00 . $1,1.7772= 626.80 43.88 30.00 -,$101 68` 188.00 13.16 5.00 : $20,6`:'16 21 $1,096.83 76.78 60.00 : $1133.61° 658.14 46.07 30.00_ ,;:.x$734.2.'1 197.40 13.82 5.00 =;::$216;22 22 $1,149.06 80.43 120.00 .. :< $1,349,49= 689.48 48.26 60.00 ,. ,H$ 7„74'_ 206.80 14.48 10.00 1211.28 23 $1,201.29 84.09 120.00 '$1,405 38 720.82 50.46 60.00 ;:;$8311'28 216.20 15.13 10.00 .',_: _;-=$241.33_ 24 $1,253.52 87.75 120.00 :$1,46;4:27 752.16 52.65 60.00 :,"_x;,;'$86`'4'8'1;:: 225.60 15.79 10.00 : .$2' 25 $1,305.75 91.40 120.00 $1,51710, 783.50 54.85 60.00 $896451 235.00 16.45 10.00 42 26 $1,357.98 95.06 120.00 $1,573 04 814.84 57.04 60.00 $931 8$ 244.40 17.11 10.00 .:;$21_,:z4. 27 $1,410.21 98.71 120.00 , _ $1,428.92: 846.18 59.23 60.00 $965;41! 253.80 17.77 10.00 - $28157 28 $1,462.44 102.37 120.00 " $1,684 81. 877.52 61.43 60.00 ', $998,,95:, 263.20 18.42 10.00 $291:62- 29 $1,514.67 106.03 120.00 $1;740470 908.86 63.62 60.00 .i,.$10244-, 272.60_ 19.08 10.00 : '_$30.1;68 30 $1,566.90 109.68 120.00 $'1,796:58: 940.20 65.81 60.00 . --$1;066;01; 282.00 19.74 10.00 .'$31:1;74 31 $1,619.13 113.34 120.00 $1,852-47 971.54 68.01 60.00 . $1;099 55_ 291.40 20.40 10.00 432140. 32 $1,671.36 117.00 120.00 41.,,908:36' 1,002.88 70.20 60.00 , ,',11,;133:08': 300.80 21.06 10.00 i-:?.'_:;:$331:86 33 $1,723.59 120.65 120.00 $1,90.24 1,034.22 72.40 60.00 4134440-310.20 21.71 10.00 . .:$341.91_ 34 $1,775.82 124.31 120.00 $2,020.:13 1,065.56 74.59 60.00 :0,200;.15 319.60 22.37 10.00 '$151;97 35 $1,828.05 127.96 120.00 $2,91,901; 1,096.90 76.78 60.00 $123,3,68'_329.00 23.03 10.00 _$31203 36 $1,880.28 131.62 120.00 .-,,$2,:131'.90 - 1,128.24 78.98' 60.00 .':':$1;26722." 338.40 23.69 10.00 .:: 'x:$3;7209• 37 $1,932.51 1 35.28 120.00 $0347:79, 1,159.58 81.17 60.00 41300`75< 347.80 24.35 10.00 $3421.5 38 $1,984.74 138.93 120.00 -,42,243247 1,190.92 83.36 60.00 ..:193428 357.20_ 25.00 10.00 .:'' ;x`_$392:20 39 $2,036.97 142.59 120.00 $2,29946 1,222.26 85.56 60.00 4•;367,82 366.60 25.66 10.00 140246 40 $2,089.20 146.24 120.00 $2,35,5`44- 1,253.60 87.75 60.00 ' $1,401:35, 376.00 26.32 10.00 ''-- $'4;12.32 41 $2,141.43 149.90 120.00 $2,41.143_ 1,284.94 89.95 60.00 ,$1,434:89 385.40 26.98 10.00 $422.38 42 $2,193.66 153.56 120.00 -$2,461,22 1,316.28 92.14 60.00 '$1;468:;42 394.80 27.64 10.00 7. $432.44 43 $2,245.89 157.21 120.00 $2,521:10 1,347.62 94.33 60.00 $1,501':95 404.20 28.29 10.00 $442:49^ 44 $2,298.12 160.87 120.00 $2,578.99_ 1• ,378.96 96.53 60.00 $1;535.49 413.60 28.95 10.00 $45245 45 $2,350.35 164.52 180.00 $2,694.87 1,410.30 98.72 90.00 $1,599:.00 423.00 29.61 15.00 $467.61 46 $2,402.58 168.18 180.00 $2;750.76 1,441.64 100.91 90.00 $1,63255° 432.40 30.27 15.00 . $477,67_ 47 $2,454.81 171.84 180.00 $2;806.65 1• ,472.98 103.11 90.00 ,$.1,966.09: 441.80 30.93 15.00 : $487:73 48 $2,507.04 175.49 180.00 ,$2;862:53 1,504.32 105.30 90.00 ;=,,$1;699.62 451.20 31.58 15.00 '.= $497.78 49 $2,559.27 179.15 180.00 $2,918.42- 1,535.66 107.50 90.00 $1,73119 460.60 32.24 15.00 $507:84 50 $2,611.50 182.81 180.00 $2,974.31 1• ,567.00 109.69 90.00 $1,766.69- 470.00 32.90 15.00 $517.90' 4 se 2014 TRANSIENT Rates Port and Harbor Tariff Subsection 205(c),Appendix A 2014 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE a@ 70c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR M pertt AND MUST BE PAID IN ADVANCE MONTHS �� 186.46 180.00 :TOTAL,., . Mil 2,715.96 190.12 180.00 ,$3'8309 1,598.34 11 TOTnI $�r_ MONTH aimanazia.$3,086,08 1,629.68 114.08 90.00 TQTAL ® 2,768.16 193.77 180.00 '`$1;800:22: 479.40 33.56 15.00 2,820.42 193.7 -$11.8.7.;80$3,141.96' 1.661.02 116.27 90.00 488.80 180.00 1,692.36 118.47 90.00 15.00 $538.02 2,872.65 201.09 180.00 90.05 498.20 34.87 15.00 inn 2,924.88 204.74 $3, 374` 1,723.70 120.66 $1,90083 507.60 35.00 15.00 $547.07 MEM 2,977.11 208.40 180.00 $ , 1 62 1,755.04 122.85 9Q.00 ..-;,- ,$1,93436: 517.00 35.00 15.00 $557.60 56 58 2,977.11 212.5 180.00 $3136551, 1,786.38 125.05 90.00 $1,967,89., 526.40 35.00 15.00 $567;00 9 3,081.57 180.00 �° 90.00 $576'40: 4 42 .39 $2200143 535.80 35.00 15.08 60 3,133.80 180.00 $ K4T7 2 1 849.06 12 � 90.00 $_0 9 545.20 35.05 15.40 :$585 80 61 219.37 180.00 $3,83317 1,880.40 131.63 90.00 $2,0 $49: 554.60 35.00 15.00 614.00 3,186.83 223.02 180.00 $3;589:05; 1,911.74 62 3,286.03 226.68 �r�. 90.00 $2,102;5 564.00 35.00 15,Q $60 .40 63 3,238.29 180.00 $3,644 94 1,943.08 13 2 90.00 $2;,.1 x6 573.40 35.00 15.00 $8148.0 64 230.33 180.00 $3;100 82 1,974.42 138.21 90.00 $2 O 63 582.80 35.00 15.00 $62.20 233.99 180.00 $3;7507 2,005.76 140.40 90.00 $2!20 63'-" 0 60 35.00 15.00 $032.80° 65 3.394.95 237.65 180.00 $3,756 68. 2,037.10 142.60 66 90.00 $2,266 16; 601.60 35.00 15.00 $6 1 0 0 241.30 180.00 $ $58tgg 2,068.44 144.79 90.00 $2,2&9 7,0,' 611.00 35.00 15.0 $651.6.0 67 3,499.41 244.96 180.0 $3 0 2,099.78 146.98 68 3,491.44 248.61 90.00 $2,;303, 3 629.40 35.00 15.00 $$61,00 Lie69 3,651 67 180.00 - $3 , 25w�,��. 90 00 $2,,336; 629.80 35.00 15,Q0 $874.40 70 3,656.10 255.93 180.00 $410361+4 2,1�� 149.18 90 00 �;37�3f�� 639.24 35.00 15.00 $679-.$0-. 71 3,656.30 25 . 8 180.00 $4,09203` 2,193.80 ® 90.00 - $ ;4 7.3 648.60 35.00 15.00 $708.00 180.00 :.',;.'44441,..91: ® 90.00 $ ,437 658.00 35.00 15.00 $7 7 4 0 ® 3,760.56 263.24 � 155.76 180.00 $4,,203$0= 2,256.48 157.95 90.00 ,..1,4,040:3 667.80 35.00 15.00 $7 6.80 IMO 3,812.79 266.98 180.00 $4;25969` 2,287.82 160.15 90.00 $2„x°, 43 676.80 35.00 15.00 $71740 mai 3,865.02 270.55 180.00 $4, 90.00 $2;537:97 686.20 35.00 15.00 $726,80 315 57 2,319.16 162.34 90.00 , $2,571.50. 695.60 35.00 15.00 76 3,969.48 2� 180.00 $4,3146; 2,350.50 164.54 $736:20 180.00 $ ,42 34: 2,381.84 166.73 90.00 $2,635.04. 705.00 35.00 15.00 74.40 aim 4,021.71 281.52 180.00 $,�� 90.00 $755.00 78 4,023.71 285.18 483,23- 2,413.18 168.92 $2,67210 714.40 35.00 15.00 9 4,126.17 28 5,18 180.00 $4,539.12 90.00 $2; 05.64 723.80 35,00 15.00 0 80 4,178.40 292.49 180.00 $4,595 00` 2,475.86 � 90.00 $2, tl5 g4 733.20 35,00 15.05 $773.80 81 4,178.40 292.4 240.00 $4,71.0 89; 2,507.20 175 50 90.00 $2 739.77 742.00 35.00 10.00 $783.20 0 .0 81 4,282.86 299.80 240.00 $4 ..6 77 177.70 120.00 . $2,836 70 752.00 35.00 20.00 $792.60 240.00 $4,8X3.66.," ® 120.00 $2,836 3q' 761.40 35.00 20.00 $607.00 83 4,282.86 299.40 240.00 179.89 120.00 84 4,387.32 307.11 4,878 55 2,601.22 182.09 $2,869 71 770.80 35.00 20.00 $815 20 84 4,487.52 317.11 240.00 $4,934.43 2,632.56 184.28 120.00 . $2,933 81' 780.20 35.00 20.00 $835.20 844 $0 86 4,439 58 314.42 240.00 ' $4,990.32 2,663.90 186.47 128.00 $2,976 87; 799.00 35.00 2000 $8 4.00 87 4,544.01 314.42 240.00 5,046.20 2,695.24 188.67 120.00 $2,973.31 08 40 35.00 20.00 $8$863.40 87 4,544.01 318,o 240.00 $5,102.09 2,726.58 190.86 120.00 $3,007.44. 807.80 35.00 20.00 $$872.80 89 4,648.47 325.39 240.00 2,757.92 193.05 120.00 $3,037.44: 817.80 35.00 20.00 $863,40 88. 4,648.47 32 .3 240.00 2,789.26 195.25 120.00 $3,070.97 827.60 35.00 20.00 $81.60 91 4,752.93 �,,,, 240.00 2,820.60 197.44 120.00 $3138.04 836.00 35.00 20.00 $882.20 92 4,805.16 336.36+ � 240.00 , $51325.64_; 2,851.94 199.64 120.00 $3,17168' 846.00 35.00 20 00 $891.60 92 4,805.36 340 240.00 124.00 $3,105.58' 864.80 35.00 20.00 $919.80 94 4,909.62 343.67 244.00 � 201.83 120.00 �$3,205=11 864.80 35.00 20.00 $ 10.40 240.00 2,914.62 204.02 120.00 95 4,90965 2,945.96 206.22 $3,238;64 874.60 35.00 2000 $918.60 96 5,014.d8 350.99 240.00 120.00 883.60 35.00 2000 $929.20 240.00 2,977.30 208.41 120.00 $938.60 96 5,014.01 354.64 $5,605.07 3,008.64 210.00 $3,345 1 893.00 35.00 2000 98 354.64 240.00 $5,660,95 3,039.98 210.00 120.00 902.40 35.00 20.00 $948.00 98 5,170.77 351.95 240.00 120.00 911.80 35.00 20.00 $957.40 00 5,223.00 365.61 � 3,071.32 210.00 120.00 $3,401.32 921.20 35.00 20.40 $966.80 240.00 3,102.66 210.00 120.00 $9 6.60 3,134.00 210.00 120.00 930.00 35.00 20.00 $3,464.00 940.00 35.00 20.00 $985:60 $995,00 2014 TRANSIENT R� ' s Port and Harbor Tariff Subsection 205(c),Appendix A 2014 SEWARD SMALL BOAT HARBOR TENANT RATES DAILY TENANT MOORAGE @ 64c PER FOOT PLUS 7%SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft % f1 A A per ft $28.48 TAX CPR tx� R_'IM M per ft a tG° �-�- '���IS MM $8.55 Iffouggai �d- �'�a;'s ® $617,11 43.20 6000 5; M 370.24 25.92 30.00s ® 7.78 5.00 M51741MA $664.58 46.52 6000 ; lt, +l 398.72 27.91 30.00 0i0)1 119.70 8.38 5.00 WW1 gag ® $712.05 49.84 60.00 427.20 29.90 30.00 128,25 8.98 5,00 �� 16 $759.52 ® 60.00 & ie 455,68 31.90 30,00 `-i(, 136.80 9.58 5.00 w-` ;s ® $806,99 56,49 ,60 00 fk,E;;X:(Wq 484.16 33.89 30,00 iq vf iim ima 10.17 5.00 5 18 $854.46 59.81 60.00 c,'-7a 1„da 512.64 35.88 30.00 ,- i` �� 153.90 10.77 5.00 19 $901,93 63,14 60.00 x¢1--- . 37.88 30.00 t 1 ia1 162.45 ® 5.00 14 r a 20 $949,40 66,46 60.00 } ' ,yir a f;II 569.60 39.87 30.00 pleftmzq 171.00 11.97 5.00 p. ® $996.87 69.78 60.00 ow f,7 i; J 598,08 41.87 30,00 ipir14` kt -. 179.55 ® 5,00 WIr`x ® $1,044,34 73.10 120.00 . 5 626.56 43.86 60,00 . ,1 ' y 188,10 ® 1000 ® $1,091.81 76.43 120.00 ,+4 W - 655,04 45.85 60.00 - ` .g )] 196.65 ma 10.00 ra $1,139,28 79,75 120 00 h ; 'i 3 683,52 47.85 60.00 rivii7-i::T*Iii2j 205,20 14.36 10.00v ® $1,186.75 83.07 120.00 ii,,ffv gag 712.00 49.84 60,00 arfaMiign® 14.96 10.00 26 $1,234,22 86.40 120.00 ZAT (°r 740,48 51.83 60.00 M.F.T..-41,MIA 222.30 15.56 10 00x $1,281,69 89.72 120.00 ggffaity-iil 768.96 53.83 60.00 230.85 16.16 10.00 a-9,'# 28 $1,329.16 93.04 120.00 }.q 797,44 5582 60.00 Keta1 rd 239.40 1$.76 10.00 t � �c 29 $1,376,63 96.36 120,00 UiEgtAl,47,11 825.92 57.81 60,00 WiiM,51..M1 247.95 17.36 1000 ; x 30 $1,424.10 99.69 120.00 rigaitai:oia 854,40 59.81 60.00 fficlifiWkKaj 256.50 17.96 10.00 1111113111EZEMI 103.01 120.00 brf4fiE. -"M 882.88 61.80 60,00 vui-joyacl 65.05 18,55 10.00 X r ® $1,519,04 106.33 120.00 s 911,36 63.80 60.00 ��. � � ��n 273.60 19.15 10 00 ® MEM $1,566.51 109.66 120,00 939.84 65.79 60.00 - cy 282.15 19.75 10.00 ,a 51,613.98 112,98 120.00 RAVOirietMA 968.32 67.78 60.00 milig ds 290.70 20.35 10.00 x ® $1,661.45 116.30 120.00 . . .] 996.80 69.78 60,00 299.25 20.95 1000 %; e 36 1,70c.92 19.62 120.01 - 5 i' 1,02 , 8 lenfifil 6I •0 _,,,-1 f% T•1r' 3-, #r ME $1,756.39 122,95 120.00 4 1,053.76 73,76 60.00 ;x, E1 F �316.35� 2 4 1000 38 $1,803.86 126,27 120.00s 1,082.24 75.76 60.00 EqopTic 324,90 22.74 10,00 PNAvraca- 39 $1,851.33 129.59 120,00 M.L.RtAINEA 1,110,72 ® 60.00 wzgo!,:t4A 333.45 23.34 1000 . 40 $1,898,80 132.92 120.00 wilacom 1,139.20 79.74 60.00 .filf0 342.00 23.94 10 00 41 $1,946.27 136,24 120.00 W-IiiiginA 1,167.68 81.74 60 00 "- t? ice.r' - 350.55 24.54 10.00 42 $1,993.74 139.56 120.00 r 1,196.16 83.73 60.00 mg 359.10 EMI 10 00 43 $2,041.21 142.88 120.00 1,224.64 85.72 60.00 , Afjoja 367.65 10 00 M , 44 $2,088.68 146.21 120.00 1.'13,.,..1M1® 87.72 6000 °' 376,20 26.33 10.00 allM $2,136,15 149.53 180.00 1,281.60 89.71 90.00 k 384.75 26.93 15 04Fz. m 46 $2,183.62 152.85 18000 1,310.08 91.71 ,90 00 iimm 393,30 ® 15 00 47 $2,231.09 156.18 180 00 WM: 1,338.56 93.70 90.00 ..M11:04 401.85 28.13 15.00 48 $2,278,56 159.50 180.00 1,367.04 95.69 90.00 1 4;Wial 410.40 28.73 15 00 r 49 $2,326,03 162,82 180.00 1,395.52 97.69 90.00 " ; 418.95 29.33 15.00 50 $2,373.50 166.15 180.00 $x,7'1.:9'65' 1,424.00 99.68 90.00 $i 61 'Si 427.50 29.93 15.00 2,4 { 2014 TENANT Rates Port and Harbor Tariff Subsection 205(c),Appendix B 2014 WA RD SMALL BOAT HARBOR 140600, DAILY TENANT MOORAGE @ 64c PER FOOT PLUS 7%SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE ------ per ft _filling_Naiiiii.: N..kr; P4 Perft allailf_11.1111- 11-1-3011gitir-• Pe ft .....___111111.11.___11.1.1 ':-.moNTK., = wl gmairahoua. l':(..rAttn asiummenem.....______$28.48 NIMIIIIIIIVnalz IC)..7r.T.CS:';:r:: $8.55 IlitanNISOIVI. :-ITOTAt.''-: -•:...:',:3-''ATIZ-Nat ann...,„..... : WM 2,420.97 169.47 180.00 ::,;:::F4:gi-Iilt sigi=u; 10 .6 90.00 ..,7-1i--&404.4.4$2, 436,05 30.52 15oo ' • :-$481$7 NM 2,468.44 172.79 180.00 ::::•::;40,42143S 1,480.96 10367 90.00 ::--;- 41M*9.1.,, 444.60 MEI 15o0 . • ,-.•4499472 Well 2,515.91 176.11 180.00 WED-E■ 1,509.44 05.66 90.00 ,'::A;. 2tvf.,r5ikl:EEfa_aaIf 15.00 -. -,,.'7- .$.49*07- IIIMEEtio 179.44 180,00 .;7,- :k.ZOMIMME9 0 .6 90.00 ,a,W,..fiall 46170 MEI 15.00 NM 2,610.85 182.76 180.00 4--.47t..i. 1,566.40 109,65 90.00 tnzkili::-,fro,4 470.25 2.9 15.00 ,,r,-.,- $5.1434.7::: 6 2,658.32 186.08 180.00 'fik!,..WZIel 1,594.88 .64 90.00 .; Vel 478.80 IMIN 15.00 -;;1.=," 746-27.42.: arall 2,705.79 189.41 180.00 ..?'T%:-'..,:-.'.111*01 1,623.36 .64 90.00 „4_V;'; ,Oal 487. 5 alia .00 -.,...,. .f3?...,.:_.3649 58 2,753.26 192.73 180.00. 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's0204, 68 3,227.96 225.96 180.00 militilfai 1,936.64 135.56 90.00 ::&,..14-1',-,!: 581.40 35.Q 15.00 .- '4431ltii 69 Maws 229.28 180.00 Ait,:$0.i.;_Mit. 1,965.12 137.55 90.00 k,914,_:9091 589.95 35.00 1500 ' -:'"ij ,..,6491:-.-90 70 3322.90 232.60 180.00 '-_-';•;::-%;li . 6.i---„5-.1. 1,993.60 139.55 90.00 :'.-a';''•;,•'',.s2-_2xj 98.50 35.00 1500 : ..',-,-;:.$448340 MIMI71 3,370.37 235.93 180.00 .,'_:,:w,80 00 2,022.08 EMI 90.00 ,...1 `- tigg.Mi 607.05 35.00 15.00 .- ',$697,40.6. Iliamanz 239.25 180.00 •":','I!.t f:liff''t 2,050.56 IMEE3 90.00 ,$2 ;. 10 615.60 35.00 5.00 -. 7469489.. 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Z620.16 183,41 120.00 •.1' $4i., 3;.$7.: 786.60 .00 20.00 $84140. ....,_,„ -,. 93 IlatRai 309.03 240.00 -:',•,- -$4;991,74' 2,648.64 185,40 120.00 '- 1'-$295444: 795,i 35.00 20.00 : 94 4,462,18 Illem 240.00 ' ,• $541'4i63.1' 2,677.12 187.40 120.00 • - ''sZook,sz. 80 . 0 35,o0 20.00 1 : $46670 95 4,509.65 315.68 240.00 $.-gm..A;m5 2,705.60 189.39 120.00 • ....$14,1+99; 812 35.00 20.00 INIMEME3 _ 96 Maw 319.00 240.00 .' :16064-2. 2,734.08 191.39 120.00 ' . $4!,04$.-;17 820.80 35.00 20,00 $87549. 97 4,604.59 Wan 240.00 •:,...,'4511.664.1', 2,762,56 193.38 120.00 :.:„..:;,113.419494•,, 829.35 35.00 20.00 '.:„ ,-(1484.35,: 98 4,652.06 325.64 240.00 : ,-,::.'''a1:,7.0,.: 2,791.04 195,37 120.00 ',1[...-.„.::•1$406•:.1‘,.: 837.90 35.00 20.00 " •:::$049,Q;' 99 4,699.53 328.97 240.00 '',';45i-Ti':i.$4 2,819.52 197,37 120.00 : -iA=,..$34-14.441 846.45 35.00 20,00 '.:-.*;::::4.9.01* 100 4,747.00 332.29 240.00 ::$4;11.0,24- 2,848.00 199,36 120.00 mwzmal 85 .00 35.00 20.00 :• -$9'9'..99 Ci. t 2014 TENANT Rates Port and Harbor Tariff Subsection 205(c),Appendix 9 204-3 2015 ftriti PORT & HARBOR TARIFF REGULATIONS RULES, RATES, CHARGES & REGULATIONS FOR PORT AND HARBOR FACILITIES AT CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE INDUSTRIAL CENTER & SHIP LIFT SYSTEM CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 Xof Szik a� r -it-i1 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 October 28,2013 Effective January 24,2013 January 1,2015 i et TABLE OF CONTENTS PREFACE Ikimr Tariff Revisions v Forms - - - - - -- - - ------ - - ---- v Explanation of Abbreviations and Characters That May Appear in Tariff - - - -- - - - - - v Notice to Public vi SECTION I GENERAL RULES AND REGULATIONS 100 DEFINITIONS -GENERAL 1 105 APPLICATION OF TARIFF 2 (a) General Application of Tariff 2 (b) Tariff Effective 2 (c) Acceptance of Tariff 2 (d) Reservation of Agreement Rights 2 (e) Compliance with Conditions of Docking and Facility Use 2 110 APPLICATION OF RATES 3 115 INSURANCE 3 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3 (a) Responsibility for Charges 3 (b) Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess - - - - 3 (c) Waiver of Prepayment Requirement 3 S.► (d) Charges on Delinquent Accounts 4 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY -- --- - - - - - - - - - - - - - 4 (a) Responsibility Limited 4 (b) Indemnity 5 (c) Owner's Risk 5 130 RIGHTS OF THE CITY OF SEWARD 5 (a) Access to Harbor or Port Facilities 5 (b) Right to Refuse Cargo -- -- - -- - - -- -- -- - 5 (c) Right to Schedule Vessels and Cargo 6 (d) Right to Remove, Transfer or Warehouse Cargo -- - - --- - - - - - - - - 6 (e) Right to Withhold Deliver of Freight 6 (f) Right to Sell for Unpaid Charges 6 (g) Explosives 7 (h) Right to Remove, Transfer or Rearrange Vessels 7 (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities - 7 135 REQUESTS AND COMPLAINTS 7 140 DELAYS -NO WAIVER OF CHARGES 7 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2015 i 145 MANIFESTS REQUIRED OF VESSELS 7 150 SAFETY, SANITATION AND HOUSEKEEPING 8 sod (a) Safety and Sanitation 8 (b) Notice of Hazardous Cargo and Permit Requirements 8 (c) Responsibility for Housekeeping 8 (d) Smoking Prohibited 8 (e) Used Oil and Petroleum Products 8 155 RESPONSIBILITY FOR PROPERTY DAMAGE 9 160 BULK PETROLEUM PRODUCTS 9 (a) Application of Tariff 9 (b) Clearing and Heating Petroleum Lines 9 (c) Regulations Governing Petroleum Products 9 (d) Housekeeping 9 SECTION II-SERVICES AND CHARGES 200 MOORAGE 10 Outside the Small Boat Harbor 10 Within the Small Boat Harbor 10 (a) Assignment of Berths 10 (b) Waiting List for Permanent Slip Assignment 10 (c) Permanent Slip Assignments 10 (d) Grace Period for Late Renewals 11 (e) New Permanent Slip Assignment 11 (f) Permanent and Temporary(Transient) Slip Assignments 11 (g) Notice Upon Arrival 11 (h) Vessel Registration 12 205 MOORAGE RATES 12 (a) Calculation of Moorage Rates 12 (b) Automatic Annual Adjustment in Moorage Rates 12 (c) Transient(Guest) Daily Rates 12 (d) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 13 210 DOCKAGE 13 (a) Dockage Period 13 (b) Basis for Computing Charges 14 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14 (d) Preference to Reserved Dock Use 14 (e) Berth May be Granted Before Payment 15 (f) Charges on Vessel Shifting • 15 (g) Charges to Assisting Vessels 15 (h) Notice of Hazardous Cargo and Permit Requirement 15 (i) Dockside Lay Time 16 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 October 28,2013 Effective January 21, 2013 January 1,2015 ii 215 DOCKAGE RATES 16 (a) Daily Dockage Rate 16 (b) Monthly Dockage Rate 16 (c) Automatic Annual Adjustment in Dockage Rates 16 220 HANDLING, LOADING AND UNLOADING 16 225 LABOR AND SERVICE CHARGES 17 (a) Specific Services 17 (b) Labor/Personnel 18 (c) Equipment 18 (d) Special Services 19 (e) Miscellaneous Charges 19 230 PASSENGER FEES 19 (a) Fee 19 (b) Filing of Forms and Payment 19 (c) Failure to File 20 231 CAPITAL RENEWAL AND REPLACEMENT FEE 20 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES PEES 20 240 BOAT LAUNCH RAMP FEES 20 (a) Operating Policy 20 (b) Launch Fees 20 `r. 245 PUBLIC SHOWERS 21 250 50-TON TRAVELIFT 21 (a) Operating Policy 21 (b) Boat Lift Agreement 21. (c) Responsibilities 21 (d) Dockside Lay Time 21 255 50-TON TRAVELIFT FEES 21 (a) Description of Charge 21 (b) Lift Fee 22 260 250-TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (c) Responsibilities 23 (d) Dockside Lay Time 23 265 250-TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 21, 2013 January 1,2015 iii A.. 270 SHIPLIFT FEE 23 (a) Description of Charge 23 (b) Lift Fee 23 (c) Basis for Computing Charges 24 'rr (d) Preference to Reserved Use 24 (e) Berth May be Granted Before Payment 25 (f) Inspection of Vessels on the Shiplift Platform 25 (g) Repairs to Vessels on the Shiplift System 25 (h) Notice of Hazardous Cargo and Permit Requirement 25 (i) Dockside Lay Time 25 (j) Lift Fee Rates 25 275 DAILY SHIPLIFT LAY CHARGE 25 (a) Description of Charge 25 (b) Lay Fee 25 (c) Basis for Computing Charges 26 (d) Rate 26 280 UPLAND STORAGE 26 (a) Area of Land Available 26 (b) Calculation of Rates 26 (c) Lay Time Rates 26 (d) Empty Cradles/Trailers 26 285 WHARFAGE 26 (a) Application of Charge 26 (b) Overside 27 (c) Overstowed Cargo 27 290 WHARFAGE RATES 27 (a) Schedule of Standard Rates 27 (b) Discount Rates Based on Guaranteed Payments 27 295 WHARF DEMURRAGE 28 (a) Description of Charge 28 (b) Calculation of Free Time 28 (c) Free Time 28 (d) Rates 28 (e) Lay-Down Areas 28 LEGISLATIVE HISTORY 29 City Docks and Terminal Facilities 29 Seward Marine Industrial Center(SMIC) Shiplift System 32 APPENDIX A APPENDIX B Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 21, 2013 January 1,2015 iv PREFACE The purpose of this document is to provide,in a complete but condensed format for public review,the terms,conditions, rules,regulations, charges, and rates comprising the City of Seward Port and Harbor Tariff, as approved from time to time by the Seward City Council. Although some text has been rearranged for the purpose of clarification,it does not reflect any substantive changes to the actual tariff. This document contains,but is not limited to, the City of Seward Terminal Tariff No. 100 as filed with the Federal Maritime Commission. Tariff Revisions The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to time. Upon such revision,the amended page(s)will show the date of revision in the lower left corner. Requests for missing pages or additional copies of the tariff may be directed to the Seward City Clerk. Forms All forms referenced in this document may be obtained from the Seward City Clerk's Office or the Harbormaster's Office. Shiplift/SyncroLift forms are available at Seward Ship's Drydock Office at the Marine Industrial Center. These forms include,but are not limited to,Vessel Moorage Application, and supplements thereto;Application and Agreement for Reserved Moorage; Application and Agreement for Transient Moorage; Boat Lift Agreement; Vessel Shiplift Use Application,and Supplements thereto;Shiplift System Use Permit;Terminal Use Permit;Prepayment Agreement;and Uplands Storage Agreement. Explanation of Abbreviations and Characters That May Appear in Tariff b.m. board measure lgth. length bbl. barrel m.b.m. 1,000 ft.board measure bdl. bundle meas. measure crt. crate min. minimum cs. case misc. miscellaneous cm. carton m.t. metric ton cu.ft. cubic foot or feet no. number ea. each N.O.S. not otherwise specified herein f.f. folded flat pkg. package F.M.C. Federal Maritime Commission sq. ft. square foot or feet gals. gallons stg. storage hdlg. handling U.S. United States of America inc. including,inclusive or incorporated w.t. weight ton of 2,000 lbs. 1.c.1. less than carload w/m weight ton of 2,000 lbs. or cubic ton of 40 cubic feet ldg. loading yd. yard Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 October 28,2013 Effective January 24, 2013 January 1,2015 v . 1 1 NOTICE TO PUBLIC This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees and carriers that the rates, rules and charges apply to all traffic for which contract rates have not been arranged. In addition to this Port and Harbor Tariff, the public,shippers,consignees and carriers using City of Seward facilities should consult and be aware that the City of Seward Code of Ordinances,including but not limited to Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities, including Garbage,Refuse,Water,Electricity and Sewage)and Chapter 7.10(Ports and Harbors),all as amended, apply and govern where not specifically provided otherwise in this tariff. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 October 28,2013 Effective January 24,2013 January 1,2015 vi I - AND��' GENERAL RULES --_ _ ----__-----_`'-,.. 100 DEFINITIONS -GENERAL (a) General Terms. Unless provided otherwise in this tariff,applicable definitions set forth in 46 CFR§515.6 shall control. (b) City Docks. The city docks of the City of Seward include all docks,floats,slips,wharves,ramps,piers, bulkheads,dolphins and sea walls owned or operated by the City of Seward. (c) Float;Float System. Those portions of the city docks located within the Small Boat Harbor that rise and fall with the tide,including the pilings,ramps,ladders and utility connections. (d) Holidays. In this tariff, whenever reference is made to holidays,the following days are included: New Year's Day,President's Day,Seward's Duy,Memorial Day,Independence Day,Labor Day,Alaska Day, Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Duy, one-half of the working day immediately preceding Christmas Day, and Christmas Day. When a holiday falls on a Saturday,the preceding Friday shall be considered a holiday and,when a holiday falls on a Sunday,the following-Monday will be considered a holiday for the purposes of this tariff. (e) Permit Holder. A person or busines that has a valid Ship lift System Use Permit issued by the City of Seward. (See "Forms"in the preface of this docum uL) (f) Point of Rest. Point of rest is defined as that area on the terminal facility which is assigned for the receipt of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and that area which is assigned for the receipt of outbound cargo from shippers for vessel loading. (g) Port of Seward. The Port of Seward comprises the Small Boat Harbor,the Shiplift System and all city docks and teninnal facilities located within the corporate limits of the City of Seward. (h) Slip. A moorage location within the float system of the Small Boat Harbor. A slip does not include the float or finger of the float,but only the spaces between or adjacent to it. (i) Shiplift System. The shiplift located at the Seward Marine Industrial Center and the adjacent rail side transfer system. (j) Terminal Facilities. Terminal facilities include all city docks and associated ognipmout, offious, warehouses, storage space,roads, paved areas, water banks and shorelines under the management and control of the City of Seward. (k) Yoxxe[ In this tariff,whenever reference is made tnu''veoael''.the term shall mean any ship o/barge,self- propelled orotherdbuuoelf-pnopoDed. (1) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip, on a transient dock,or for tying to a vessel so moored in the small boatharbor or other terminal facilities. (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for tying to a vessel so docked. (Sometimes identified as "moorage") (n) Handling. Handling means the service of physically moving cargo between point of rest and any place on the terminal facility other than the end of a ship's tackle. Port and Harbor Ta riff Regulations City of Seward,Alaska Revised January JY'2O/3 Effective January 2Y'2013 January l'2025 1 o1C air (o) Loading and Unloading. Loading and unloading means the service of loading or unloading cargo between any place on the terminal and railroad cars, trucks, lighters or barges or any other means of conveyance to or from the terminal facility. (p) Wharfage. Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf;or passing-through,over or under a wharf;or transferred between vessels;or loaded to or unloaded from a vessel at a wharf regardless of whether or not a wharf is used. Wharfage is solely the charge for use of a wharf and does not include handling,sorting,piling of freight or charges for any other services. (q) Demurrage. A charge assessed against cargo remaining in or on terminal facilities after the expiration of free time,unless arrangements have been made for storage. (r) Free Time. The specified period during which cargo may occupy space assigned to it on terminal property, free of wharf demurrage or terminal storage charges, immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel. 105 APPLICATION OF TARIFF (a) General Application of Tariff. Rates,charges,rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of Seward, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward,and specifically to municipal docks,structures appurtenant thereto and waterways under the management of the City of Seward. The rates, charges, rules and regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine Industrial Center (SMIC), including yards, basin, docks, dolphins, 250-ton Travelift, and shiplift platform; and any other terminal facilities under the jurisdiction and control of the City of Seward. (b) Tariff Effective. Rates,charges,rules and regulations named in this tariff and any additions,revisions,or supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to this tariff on and after revisions, or supplements thereto. Unless otherwise specified all transit freight received at terminals and undelivered prior to effective dates of tariff,revisions,or supplements thereto, shall be charged the rates in effect on the date such freight was received until entire lot or shipment has been withdrawn. (c) Acceptance of Tariff. Use of the docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (d) Reservation of Agreement Rights. Right is reserved by the City of Seward to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such agreements are consistent with existing local, state and federal law governing the civil and business relations of all parties concerned. (e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and the acceptance of services shall conform to conditions of docking and facility use set forth herein. Only those operators who have a valid shiplift system use permit shall have access to the shiplift system. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21, 2013 January 1,2015 2 1O6 110 OF RATES �^-- ~"^�^��""�^, (a) Except as otherwise provided herein,rates apply per 2,000 lbs.,or per 40 cubic feet as rated by ocean carrier,or per 1,000 feet board measure,or 42 gallons per barre of bulk petroleum products corrected to 60 degrees Fahrenheit net,or 376 lbs.per barrel of bulk cement. (b) Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not provided for specific commodities,rates to be applied are those established for"Freight N.O.S." 115 INSURANCE Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the city docks, shiplift system,or terminal facilities. If the City does acquire any such insurance,the charges for that insurance shall be in addition to fees described in this tariff. 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (a) Responsibility for Charges. The vessel,its owner or agents,shipper or consignees,owner of the cargo on the vessel, and, in the case of shiplift operation, the permit holder shall be jointly and severally responsible for payment of charges named herein and such payment responsibility applies without regard to the provisions of bills of lading,charter party agreements,vessel repair,contracts or other conflicting provisions. (b) Prepayment, Time of Prepayment,Acceptable Security, Refund of Excess. All charges for services rendered by the City of Seward for the use of docks,shiplift and other terminal facilities are due and payable in cash in advance of such services or use,as follows: 'tow, (1) For all charges attributable to the vessel from its owners or agents before a vessel commences its loading or discharging. (2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift system. (3) For all charges attributable to the cargo from a vessel ovvuex, cburtcrer, shipper or consignee before the cargo leaves the city docks or terminal facilities. (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash deposit or acceptable security in an amount equal to 125%of the estimated applicable charges shall be required to be posted with the City of Seward six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all cases in advance of actual services rendered. Wherever a cash deposit has been posted, any excess thereof,after satisfaction of all applicable terminal charges,shall be promptly refunded by the City of Seward to the posting party. (c) Waiver of P .uynnun/Bouoiro/nnnt. TbeE[mboroaoter.inbimaoledixccetioo.muuyvvuivothecash-in- advance requirement as to all or any category or categories of anticipated charges when the party responsible for such charges has been identified to the satisfaction of the Harbormaster and (1) That party responsible has established credit worthiness acceptable to the Harbormaster;or Port and Harbor Ta riff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,20}3 January}'2015 3 \ �� \ ..r (2) The permit holder has established credit worthiness acceptable to the Harbormaster;or (3) Adequate security,acceptable to the Harbormaster,has been posted;or (4) The agent requesting terminal services or use or any other entity acceptable to the Harbormaster as credit worthy has personally accepted financial responsibility for the applicable charges. The City of Seward retains the right,in its sole discretion,to determine whether a responsible party or an agent is credit worthy,and to waive the cash-in-advance requirement. The City may establish guidelines for determining whether a responsible party or an agent is credit worthy. Compliance with these guidelines does not create a right to waiver of the cash-in-advance requirement. (d) Charges on Delinquent Accounts. All invoices,except for damages to City of Seward property,will be declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of 10.5% per annum. All extra expenses, including legal expenses, litigation costs, or costs of agents employed to effect collection shall also be assessed to, and payable by such accounts. 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (a) Responsibility Limited. Generally,no persons other than employees of the holders of authorized terminal use permits shall be permitted to perform any services on the wharves or docks,or in any other terminal facility of the City of Seward,except upon written authorization of the Harbormaster. No persons other than employees of the holders of authorized shiplift system permits shall be permitted to perform any services on the shiplift system. Permit holders shall be required to obtain any necessary terminal use permits prior to performing any services on any other terminal facility of the City of Seward,except upon written authorization of the Harbormaster. The City of Seward,its employees and agents shall not be liable for the injury of persons on the city docks,shiplift system,or terminal facilities,nor shall they be liable for any loss, damage, or theft occasioned by such persons'presence on the city docks, shiplift system, or terminal facilities,except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. The City of Seward,its employees and agents are not responsible for loss or damage caused by fire,frost, heat,dampness,leakage,weather damage,evaporation,natural shrinkage,wastage or decay;animals, rats, mice or other rodents; moths,weevils or other insects;leakage or discharge from fire protection systems;collapse of buildings or structures;breakdown of plant protection systems;breakdown of plant or machinery or equipment;or by floats,logs,piling or camel logs required in breasting vessels away from a wharf; nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor,combinations,riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. Shiplift System. The City of Seward,its employees and agents make no representations or warranties that the shiplift system is adequate or sufficient for any particular vessel. Further, the City of Seward,by requiring that only holders of shiplift permits be authorized to utilize the shiplift system, makes no representations or warranties of any kind that the work,operation,materials,design or other aspects of the work perfonYred or contracted to be performed by such a permit holder is of good and workmanlike quality,or in conformance with industry standards.Vessel owners are advised that the City of Seward is not responsible for and specifically disclaims any liability for work performed or contracted to be performed by a permit holder,except for those damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2015 4 The City's inspection,if any,of vessels and placement on cradle systems is done solely for the purpose of protecting the City's interest and investment in the shiplift system and should not be construed as an acceptance of any responsibility to inspect or to inspect in any particular manner. (b) Indemnity. Each user,permit holder, vessel, vessel owner and its agents, shippers or consignees shall indemnify, defend and hold harmless the City of Seward against any and all claims arising from any breach or default in performance of any obligation to such parties to be performed under the terms of this tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim, action or proceeding brought against the City of Seward except only for those caused by the City's own negligence. (c) Owner's Risk. All of the following shall be at the owner's risk except for those damages caused by the City's own negligence: (1) Glass,liquids and fragile articles will be accepted only at owner's risk for breakage, leakage or chafing. (2) Freight on open ground is at owner's risk for loss or damage. (3) Freight subject to freezing will be accepted only at owner's risk. (4) All water craft,if and when permitted by the Harbormaster or his authorized agent to be moored at wharves or alongside of vessels, are at owner's risk for loss or damage. (5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage. 130 RIGHTS OF THE CITY OF SEWARD 1■ ■ Without in any way limiting the general authority of the City of Seward, the City shall have the following powers: (a) Access to Harbor or Port Facilities. The City shall at all times have the right to refuse access to any city dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility,including the shiplift system. This right shall be reserved at all times to the City without responsibility for demurrage,loss or damage when: (1) Previous arrangements for use, space, receiving or unloading have not been made with the Harbormaster; (2) The vessel is unsafe or hazardous and may pose a risk to life or property; (3) The value of the vessel, in the opinion of the Harbormaster, is less than the probable service charges and other charges related to its use of the city dock or terminal facilities; (4) During periods of congestion, or in cases of emergency, when, in the judgment of the Harbormaster,the circumstances then prevailing or likely to occur will prevent the city dock or terminal facilities,or any portion of them,from providing customary services to the public. (b) Right to Refuse Cargo. In his discretion,the Harbormaster shall at all times have the right to refuse to accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to discharge: Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2 013 January 1,2015 5 1b3 NIS (1) Cargo for which previous arrangements for space,receiving,unloading or handling has not been made with the Harbormaster by shipper,consignee or vessel. (2) Cargo not suitably packed for safe transportation. (3) Cargo deemed by the Harbormaster,in the reasonable exercise of his discretion,to be offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations(including 49 CFR Parts 171-179). (4) Cargo, the value of which may, in the opinion of the Harbormaster, be less than the probable service charges and other charges related to it. (5) Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Harbormaster,the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities,or any portion of them,from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion,the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel,person or cargo at any time from any city dock or terminal facility,including the shiplift system,in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. (d) Right to Remove, Transfer or Warehouse Cargo. (1) Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at all times have the right to immediately remove all hazardous or offensive cargo, or cargo, which by its nature,is liable to damage other cargo or city dock or terminal facilities. The cargo may be removed from its present location to any other location with all expenses and risk of loss or damage to be the responsibility of the owner,shipper or consignee. (2) Cargoes beyond free time. Any cargo remaining on city dock or terminal facilities after expiration of any applicable free time maybe removed to public or private warehouses,and all expense of removal and risk of loss or damage shall be the responsibility of the owner,shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. (e) Right to Withhold Deliver of Freight. Right is reserved by the City of Seward to withhold delivery of freight until all accrued charges and/or advances against said freight have been paid in full. At the Harbormaster's discretion,any or all of such freight may be placed in public or private warehouses,and all cost of removal and subsequent handling and storage shall be the responsibility of the owner of the freight. (f) Right to Sell for Unpaid Charges. Freight on which unpaid terminal charges have accrued may be sold to satisfy such charges and costs, provided such sale has been publicly advertised. Freight of a perishable nature or of a nature liable to damage other freight may be sold at public or private sale without advertising,provided the owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 21,2013 January 1,2015 6 1 O \ -�— . (g) Explosives. The City of Seward shall not allow the acceptance,handling or storage of explosives within � ~ ~�'�� the confines of the Port of Seward without prior arrangement with the Harbormaster and as governed by rules and regulations of federa.state and local authorities. (h) Right to Remove, Transfer or Rearrange Vessels. (1) Hazardous Vessels or Vessels with Hazardous Cargo. In his discretion,the Harbormaster shall at all times have the right to immediately remove any hazardous or offensive vessel,or any vessel containing hazardous cargo,or any vessel containing cargo which by its nature is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other louudon, and all expenses and risk of loss or damage shall be the responsibility of the onmor, shipper or consignee. (2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner,shipper,consignee or vessel. (3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials, equipment,trash,or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any hme, and all expense of removal and risk of loss or damage shall be the responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the ‘I low=�' v:omui as responsibility may appear on shipping documents,manifests or other sources. 135 REQUESTS AN COMPLAINTS Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the Baibomuuuor.City nf Seward,P. 0. Box l67. Seward,Alaska A9604. 140 DELAYS- NO WAIVER OF CHARGES Delays in loading, unloading, receiving or delivering freight, moorage of vessels, or receiving, discharging, lifting,or transferring vessels on the shiplift system or Travelift as a result of harbor uongexduo, equipment failure or breakdown,or of combinations,riots or strikes of any persons in the employ of the City of Seward or others,or arising from any other cause not reasonably within the contro of the City of Seward,will not excuse the o*ucrx, ah6pperx, consignees or carriers of the freight or vcmacl, or the permit holder, from full oe,vion, wharf demurrage,moorage or other charges or expenses which may be incurred under conditions stated herein. 145 MANIFESTS REQUIRED OF VESSELS Masters,owners,agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels'manifests showing names of consignees or consignors and the weights or measurements of all freight loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified as correct by an authorized official of the company and must also designate the basis of weight or measurement on which ocean freight was assessed. In lieu of manifests,freight bills containing all information as required above may be accepted. S _ Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24'20}3 January l2015 7 \ CDc~— Ship's Documents. The Harbormaster may require masters,owners,agents,operators and/or permit holders to execute a moorage application containing descriptions of the following items: (i)fuel;(ii)ballast;(iii)water; (iv)cargo;and(v) structural details for lift. 150 SAFETY,SANITATION AND HOUSEKEEPING (a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities,including the shiplift system,should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance include Chapter 9.15 (Fire Prevention and Uniform Fire Code),Title 14(Utilities including Garbage, Sewer,Refuse,Electricity and Water)and Chapter 7.10(Ports and Harbors). All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough,the State of Alaska,and the United States of America,including those adopted by international treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including shippers,permit holders,vessels and consignees,are hereby warned that the party or parties responsible for infractions of such laws,regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws,regulations or policies. (b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous,extremely flammable,corrosive,explosive or otherwise poses a significant risk of harm to property or persons,at least 24 hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient Ned precautions have been taken to minimize any potential risks presented by such cargo. (c) Responsibility for Housekeeping. Users of docks and other terminal facilities,including permit holders of the shiplift system, will be required to maintain same in an orderly manner as directed by the Harbormaster. If user does not properly clean property used, the Harbormaster shall order the work performed, and user will be billed for the services in accordance with the rates set forth in Subsection 225 of this tariff. (d) Smoking Prohibited. No smoking shall be allowed on any wharf,pier,or the shiplift system,or in any facility, warehouse or transit shed, except in approved areas specifically designated for that purpose. Persons violating this rule may be barred,at the discretion of the Harbormaster,from the further use of any wharf or facility,including the shiplift system, and,in addition, shall be subject to prosecution under applicable federal,state and municipal laws. (e) Used/Waste Oil and Petroleum Products. All used/waste oil and petroleum products must be properly disposed of by the vessel/owner. The City of Seward offers a limited ability to take small quantities of used oil and petroleum products as a convenience to the boating public. Up to five gallons of used oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be no storage,even of a temporary nature,of used/waste oil or petroleum products on city docks,wharves,piers or fmger floats. Any vessel/owner/agent storing or disposing of used/waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor and/or penalized according to the provisions of federal,state and local law. Larger quantities of used oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case-by-case basis with applicable charges assessed for disposal. Port and Harbor Tariff Regulations City of Seward,Alaska Niad Revised January 11,2013 Effective January 24,2013 January I,2015 8 �J`C7 Wow 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users,including permit holders,damaging city docks,the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost,including overhead. 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff. Except as otherwise provided in this uocdoo, the rates, rules and regulations published in other sections of this tariff apply to voxoc{o, shippers and consignees of bulk petroleum products. (b) Clearing and Hearing Petroleum Lines. Shippers,consignees or vessels and persons in charge thereof are responsible for providing steam or other heating means to assure the proper flow of asphalt and other petroleum products requiring heat. Shippers,consignees or vessels and persons in charge ther of will be responsible for clearing all petroleum products from lines located on or adjacent to any terminal facility after a vessel completes loading or discharging unless otherwise authorized by the Harbormaster. In the event the City of Seward performs any of the above named services, rates shall be charged in accordance with Subsection 225 of this tariff and billed to the obipper, consignee or vessel. (c) Regulations Governing Petroleum Products. The transfer of bulk petroleum products shall be made in compliance with Seward City Code provisions,including Chapter 9.15(Fire Prevention and the Uniform Fire Code), as well as other local, state and federal laws, rules or regulations. (d) Housekeeping. Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up 010' immediately. Vessels or consignees shall remove temporary lines immediately upon completion of receipt or discharge of flammable liquids. Spillage from disconnected lines shall be cleaned up immediately by vessel or consignee. Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system,the permit holder shall be responsible to see that said leakage or spillage is cleaned up immediately. t`l__ Port and Harbor/ar�/Regulations City of Seward,Alaska — Revised January 14,2V13 Effective January%4,2013 January 1,2015 9 \ �� ) SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal facility,including the shiplift system,must use sufficient tugs so that vessels can be berthed or removed in a safe mariner. Berthing speed shall not exceed sixteen feet per minute,unless approved by the Harbormaster. Within the Small Boat Harbor: (a) Assignment of Berths. The Small Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator,are not assignable by the owner/operator and automatically expire upon sale or transfer of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities,it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List for Permanent Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 17 feet(accommodates vessel 12 to 21 feet) 23 feet(accommodates vessel 22 to 26 feet) 32 feet(accommodates vessel 27 to 36 feet) 40 feet(accommodates vessel 37 to 44 feet) 50 feet(accommodates vessel 45 to 54 feet) 60 feet(accommodates vessel 55 to 64 feet) 75 feet(accommodates vessel 65 to 79 feet) 90 feet(accommodates vessel 80 to 94 feet) 100 feet(accommodates vessel 95 to 104 feet) 105 feet or longer- side tie only-up to 150 feet Assignments to a permanent slip from the waiting lists shall be made year round by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of THIRTY ONE DOLLARS AND FIFTY CENTS($31.50)per year per listing on the waiting list(s)for a permanent slip assignment. The wait list year runs November 1 through October 31. (c) Permanent Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Small Boat Harbor,a permanently assigned slip may be assigned to a transient vessel when the permanently assigned owner/vessel is out of the harbor. Port and Harbor Tariff Regulations City of Seward,Alaska NIS Revised January 14, 2013 Effective January 24, 2013 January 1,2015 10 1 �� 411ir (4) Upon the return of the permanentl assigned vessel to the Small Boat Harbo (provided proper notifications are given and based on harbor congestio and the difficulties involved in moving vessels),the Harb ter will attempt to rearrange vexacJoaodmtuvemmlpirbuyronuuentulip assignment may berth at that assigned slip. (5) A vessel assigned a permanent slip assignment must notify the Harbormaster when departing the harbor for more than five (5) days. If away from Seward for more than five (5) duya, a permanently assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Small Boat Harbor. (d) Grace Period for Late Renewals. A permanent slip holder who fails to renew by December 31 may renew prior to January 15 rather than relinquish the slip,provided that(1)all other permanent moorage requirements are met, and the applicable transient rate is paid on or before January 15. (e) New permanent slip assignment, For a new permanent slip moorage agreement entered into after January 1, the following rules and charges apply: (1) If the customer has already paid for transient moorage,the customer charges will be converted from transient charges to tenant charges on the effective date of the slip assignment. The tenant annual moorage fee shall be charged on a pro-rated basis and is due in full on the date of the slip assignment. (2) If the customer is new to the harbor and has not paid any moorage fees,the annual moorage fee shall be charged on a prorated basis and is due in full on the date of the slip assignment. (3) As stated in paragraphs(e)(1)and(2)above,pro-rated basis shall be calculated by dividing the annual moorage amount by 12,and chargin the new tenant 1112th of the annual tenant moorage rate per calendar month for the remainder of the calendar yeaz lfu slip assignment 000u�dor�g S — uuuleuduznunodh.dbupucdu)oonoU�vviDheubuz8nddbelooaor� the daily rate or 1112th the annual amount. (1) Permanent and Temporary(Transient)Slip Assignments. There are two types of slip assignm nts at the City of Seward Small Boat Harbor. The first is a permanently assigned slip and the second is a transient slip. Slips that are permanently assigned to a boat/owner may be used for transient moorage when the permanently assigned vessel is away from the slip. (g) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Those vessels which have received permanently assigned slips should notify the Harbormaster's office twenty-four(24)hours prior to expected arrival to allow the harbor staff time to free the slip. If,despite reasonable efforts,the Harbormaster is unable to clear a permanently assigned slip due to congestion, high winds or safety considerations, a vessel with a permanently assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Small Boat Harbor which have not,for any reason,received a berthing assignment by radio contact or otherwise shall be restricted to the following areas:west side of X float;south side of F float;K-fleati L float;I dock; and T dock city dock. If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is permitted to raft to a vessel already berthed. (h) Vessel Registration. All vessels must have a current registration form(Application and Agreement for Transient Moorage)on file with the Harbormaster. These forms must be filed immediately upon arrival Port and Harbor TbniffRegulations ��uƒ��`�n���� Revised January J4.20/3 fffec,�eJanuary 2Y.20}f�nwun'f,J0/5 11 1 0° air at the Small Boat Harbor. However, vessels that arrive after normal Harbormaster office hours must register before 10:00 a.m.the following day. 205 MOORAGE RATES (a) Calculation of Moorage Rates. Moorage charges shall commence when a vessel is made fast to a wharf, pier or other facility,or when a vessel is moored to another vessel so berthed("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the berth. A vessel berthed at any time between 12:01 a.m. and midnight shall be charged a full day's charge; provided,that the Harbormaster may,in his discretion and with proper and appropriate advance notice, waive a daily rate for a vessel that will occupy a berth or float for a minimum time,and,provided further, that the Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. Moorage charges shall be calculated on the overall length of the vessel or the length of the float(slip) assigned,whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to be effective as of January 152, to reflect the five previous published years' average increase in the Consumer Price Index,All Items, 1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics. Bills sent out prior to January 15t will reflect the upcoming January 1st adjusted rates. (For example,204 2015 rates reflect an increase based on the average CPI for 2006-2010 2008-2012). Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward point at the stem to the aftermost part of the stem of the vessel,measured parallel to the base line of the vessel.The length shall include all hull attachments, such as bowsprits,dinghies,davits,etc. For billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"may be 'gad used.The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Transient(Guest)Daily Rates. With the exception of vessel owner/operators who have paid an annual, semi-annual,or monthly fee in advance,all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be$045 0.72 per lineal foot of overall length of the vessel.(See Appendix A for a listing of Transient Moorage Rates according to vessel length): (1) Transient(Guest)Annual Rate.The Annual Rate shall be$50.91 53.59 per lineal foot. (2) Semi-Annual Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent(60%)of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6)calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six(6) months thereafter. (3) Monthly Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent(18%)of the annual rate established above. Each prepaid installment described in this Paragraph represents one(1)calendar month.The first Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2015 12 \ ` installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. (d) Moorage Rates for Slip Assignments. Moorage charges shall commence on the date a slip assignment is accepted.Charges shall continue until the holder ceases to have a qualifying interest in a vessel suitable for the- assigned space, until the holder's death, or until the holder's voluntary or involuntarily relinquishment of the space. Prepayment of moorage is required. (See Appendix B for a listing of moorage rates according to vessel length): (1) The vessel owner/operator must complete an Application and Agreement for Reserved Moorage in the form provided by the City. (2) Annual Rate.The vessel owner/operator has paid the annual fee based on the length of the vessel, or,the length of the slip,whichever is greater.The Annual Rate shall be$16.27$48.70 per lineal foot. (3) Semi-Annual Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent(60%)of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6)calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (4) Monthly Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent(18%)of the annual rate established above. Skov. Each prepaid installment described in this Paragraph represents one(1)calendar month.The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. (5) All permanently assigned berths are assigned on a calendar-year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay the annual moorage fee at the annual rate or in two semi-annual installments, each of which represents sixty percent(60%)of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. A vessel owner/operator may also elect to prepay the annual moorage fee in twelve monthly installments,each of which represents eighteen percent(18%)of the annual fee due on or before December 31 of the preceding year and the last day of each month of the current year. (e) Float Plane Fees, A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25)per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. 210 DOCKAGE (a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf,pier or other facility, or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays. (b) Basis for Computing Charges. Dockage charges will be assessed on the overall length of the vessel. Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward Port and Harbor Tariff Regulations City of Seward, Alaska Revised January 14, 2013 Effective January 24, 2013 January I, 2015 13 point at the stem to the aftermost part of the stern of the vessel,measured parallel to the base line of the vessel. For dockage billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping" will be used. If no such figure appears in"Lloyd's Register",the City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Vessels Docked to Repair,Shore, Outfit or Fumigate. The shiplift dock,adjacent and to the north of the shiplift system, was constructed and intended primarily to be used for ship repair and maintenance. Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the Seward Marine Industrial Center will therefore be preferred over cargo operations. Full dockage will be charged if and when a vessel is permitted to make repairs or alterations,shore for special freight,outfit, store or fumigate while docked at a City dock or terminal facility. (d) Preference to Reserved Dock Use. A vessel may be permitted to berth at a City dock or terminal facility of the City of Seward without having first made written application for a berth assignment and without such an assignment having been granted. However, priority is given to City dock use reserved in advance with the Harbormaster. Further, any vessel seeking a berth at a city dock for a period longer than six(6)hours must complete,within twenty-four hours of arrival in the harbor,an Application and Agreement for Transient Moorage(see"Forms"in the preface of this document),or have a current copy of same on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a period of less than six(6)hours must notify the Harbormaster's office of such plan prior to arrival in the harbor. The City docks in the Small Boat Harbor include those adjacent to the fish processor's on-shore facilities, including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish , products to the processor's on-shore facilities. In addition, the East SMIC Dock is to be used first for receiving and delivery of fish and fish products to the processor's on-shore facilities. Reservations remain effective if such use begins within twenty-four(24)hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application(see"Forms"in the preface of this document),indicating berth and date(s)requested. (2) Reservation request must be received by the Harbormaster a minimum of seven(7)days prior to anticipated vessel arrival. (3) The vessel agent or other person requesting a berth("berthing agent")must provide,as may be requested by the Harbormaster as a part of the berthing process,to the extent of his knowledge,all information called for by any Supplement to Vessel Moorage Application (see "Forms" in the preface of this document)or any other information respecting the vessel including,but not limited to,its estimated arrival and departure, amount(s)and type(s)of cargo to be loaded/discharged, estimate of amount of each category of port charges, as enumerated, and party responsible therefor.The submission of this form,signed by the berthing agent,shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied,based upon and to the extent of information made available to the berthing agent at the time of submission; and the Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 24,2013 January 1,2015 14 \ lam berthing agent shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the agent's failure to so report accurately. Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the Harbormaster, it shall immediately notify the Harbormaster and, if requested by the Harbormaster,promptly file an amended Supplement to Vessel Moorage Application with the Harbormaster. (4) Harbormaster will determine availability of dock space and dates requested. Should scheduling conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize negative impacts on both(or all)parties. (5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage fees will be non-refundable unless a written cancellation is received by the Port a minimum of fourteen (14) days prior to scheduled vessel arrival. (See also Section I, Responsibility for Charges, Collection and Guarantee of Charge.) (6) All estimates of terminal charges are subject to approval and/or adjustment by the Harbormaster. The Harbormaster shall promptly,after receipt of said estimate,advise the berthing agent as to(1) its approval or adjusted estimate of terminal charges,and(2)whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (7) An agreement is made to work continuously utilizing not less than day and early night shifts(first and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent available in accordance with circumstances then prevailing. (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances,may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circumstances, the vessel may unload its cargo only if(1)the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth to another wharf or berth operated by the City of Seward,the total time at such berths will be considered together when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel,when actively engaged as a tug boat assisting and made fast outboard of a vessel loading or discharging cargo,will be accorded free dockage. NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived its right to free dockage for the entire period of berthing by its tended vessel. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous,extremely flammable,corrosive,explosive or otherwise poses a significant risk of harm to property or persons at least twenty-four(24)hours prior to landing or use of Nlifte Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21, 2013 January 1,2015 15 docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that Nodsufficient precautions have been taken to minimize any potential risks presented by such cargo. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Dockage Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as follows except as otherwise provided: Overall Length of Vessel Daily Charge Per Foot Up to 500 ft. $048-0.72 501+ft. $045-0.72 NOTE: Daily charge is for any period of twenty-four(24) hours. However, in computing dockage charges for any period of dockage less than twelve(12)hours,dockage charges at one-half(1/2)of one full day's dockage shall be assessed. For any dockage period greater than twelve(12)hours and less than twenty-four(24)hours,a full day's dockage shall be assessed. (b) Monthly Dockage Rate. A monthly dockage rate equal to one-half(1/2)of the total daily dockage rate for one month may be granted as follows: (1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. (2) Vessels Under Repair. Subject to scheduling requirements,the Harbormaster may,upon request, `1410 allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair; and (ii) The monthly dockage rate is paid in advance by a full 30 days;and (iii) The user shall not be entitled to a refund for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance. (c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually so as to be effective as of January 1st,to reflect the five previous published years' average increase in the Consumer Price Index,All Items, 1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics. Bills sent out prior to January 1st will reflect the upcoming January 1st adjusted rates. (For example,241-32015 rates reflect an increase based on the average CPI for 2006 2010 2008-2012). 220 HANDLING,LOADING AND UNLOADING Handling,loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form provided by the City. Port and Harbor Tariff Regulations City of Seward,Alaska Naid Revised January 11,2013 Effective January 24,2013 January I,2015 16 t ` ' - 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for au labor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage,wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels (i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire hydrant: NO CHARGE. (ii) All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE $52.50. (2) Outside regular business hours: BASIC CONNECT CHARGE- $105.00. (iii) In addition to(ii)above,a variable rate of$6.32/l.O0U gallons shall hc charged for potable water. (2) Electricity Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity(per kilowatt hour) $0.21 $.27 Customer charge for tenants(once per billing cycle) 4440 $20.10 h11 r Customer charge for transients or guests(once per location) 44-9,44 $20.10 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity(daily rate) 120 volt $10.00 208 voltlsmgle phase $20.00 208 volt/three phase $40.00 Customer charge(per month) None (3) Electricity Seward Marine Industrial Center (i) Connect fee $26.25 (ii) Electricity(per kilowatt hour) $A,-3-2 $.35 (iii) Customer charge(per month) %39.90 $41.95 (4) Towing inside Small Boat Harbor $52.50 plus labor (5) Pumping vessel $31.50 plus labor (6) Used Oil,filter and sorbent disposal Over 5 gallons 0.53 per gallon plu labor and equipment Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment Port and Harbor Ta,iff Regulations City of Seward,Alaska Revised January}4' 2D13 Effective January 2Y'20}3 January J'J015 17 \ \_~- ,w► (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user,it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: (i) All services not specifically described in this tariff; (ii) Services of loading,unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S.,and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff; (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which,because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning city docks,or terminal facilities,of dunnage,stevedore gear and other equipment or material when the shipper,vessel owner or consignee fails to promptly clear the facility as requested by the Harbormaster; (2) Rates named in this tariff for services involving labor are predicated upon straight-time wages for a workday between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Sunday. When over- time or penalty time wages to labor are necessary,rates are adjusted to include such penalties or differential rates. When a user notifies the Harbormaster of a request for labor for a specified time,and labor is on the job and ready for work at that time,the use shall be charged from the time the labor is ready Nuid for work until the work is concluded even if the work is delayed,provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged at FIFTY-TWO DOLLARS AND FIFTY CENTS($52.50)per hour straight-time(no premium)and SEVENTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS($78.75)per hour overtime. Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader $68.25 plus operator (2) Grader $68.25 plus operator (3) Oil Tanker $47.25 (4) Pickup Truck $8.40 plus operator (5) Crane Truck $12.60 plus operator (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2015 18 Lkc, 10 � mr' VB Back Hoe $31.50 plus operator (9) Pumps $31.50 plus labor (10) Smart Ash Burner $31.50 plus labor (11) Misc. Power Equipment $31.50 plus labor (d) Special Services. Except where otherwise required required bylaw,the Harbormaster has the authority to refuse to provide or to arrange for the provision of services in addition to those set out in Paragraph(a)above. Special services,including waste,or garbage disposal shall be billed at the City's actual cost plus 35% administrative overhead charges(including City labor costs as determined in Paragraphs 2 and 3 above) plus 125% of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local(City of Seward)laws,codes and ordinances. (e) Miscellaneous Charges (1) Meter test,each,when previous test occurred within 24 months $52.50 (2) Deposit required for transient moorage customers staying 15 or more consecutive days $100.00 (3) Tampering with or unauthorized breaking of meter seal $525.00 (4) Dishonored check fee $35.00 (5) Reconnection after disconnect of delinquent account $42.00 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels,sport fishing vessels,guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, `^oompeouuzioo" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees. Prior to January l of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly,on a form,and in a manner,provided by the City,within 30 calendar days of the month following the month for which the fees are due. The City may require more or less frequent filing, depending on the account status of the filer: A return must be filed every period,even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of$25 for each missed filing. Failure to remit all taxes collected or later found to be due by the due date,is subject to a penalty in the amount of 10%of the amount owed,plus interest charged at the maximum rate allowed by law per year,compounded monthly. 1411 — Port and Harbor Ta riff Regulations City of Seward,Alaska Revised Jan,u,y}4,20/3 Effective January 21,2013 January 1,2015 19 \\~l (c) Failure to file. When an operator fails to file a return,or when the city manager finds that a return filed by an operator is not properly supported,the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230 (b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee. In addition to other tariff provisions,the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Small Boat Harbor. A capital renewal and replacement fee will be assessed to each vessel according to overall length. The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Small Boat Harbor. The fee must be pre-paid with moorage,or will be billed accordingly,as follows: $5.00 fee per month or fraction thereof: Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf,pier or other facility,or when a vessel is moored to another vessel so berthed("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY-ONE DOLLARS AND TWENTY-FIVE CENTS($131.25)per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a first-come,first-served basis,but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion;and (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged TEN DOLLARS ($10.00)per launch from the public launch ramps,or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED DOLLARS.($100.00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power,which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. Port and Harbor Tariff Regulations City of Seward,Alaska ' I Revised January 14,2013 Effective January 21,2013 January 1,2015 20 '\ 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restroom facilities located in the Harbormaster's building. The showers are coin-operated,and the fee is TWO DOLLARS($2.00)(eight quarters)for 7 minutes. Change is available in the Harbormaster's office during regular business hours. 250 50-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Small Boat Harbor. The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion;and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to,the following: (1) Vessel displacement; (2) Vessel hull type and configuration; Sir (3) Location of all hull attachments and through-the-hull fittings including propeller shafts,rudders, etc.; (4) Location,weight and type of ballast,fuel and water tanks; and (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator,or his agent,must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings,lines and destination location. It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the vessel,and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel.It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 255 50-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50-ton Travelift. A separate lift fee is generated whenever a vessel is lifted,even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 24,2013 January 1,2015 21 \\C\ (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS($236.25)for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time,the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee,the lift fee shall be TWENTY-ONE DOLLARS($21.00)per foot of vessel length for each foot over fifty(50)feet during the first hour of use or any portion of time less than one(1)hour. (3) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS ($59.06)per one-quarter(1/4)hour or any portion of time less than one-quarter(1/4)hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS ($236.25)per hour. 260 250-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 250-ton Travelift in the Seward Marine Industrial Center. The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when,in his judgment,the public interest would be served. In making this public interest finding,the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion;and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City)having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to,the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through-the-hull fittings including propeller shafts,rudders, etc. (4) Location,weight and type of ballast,fuel and water tanks; and (5) Any special lift requirements to avoid vessel damage. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2015 22 ik . (c) Responsibilities,�� and approve the City's proposed placement of lift slings,lines and destination location. It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. Bowovec, all vessels must be removed from dockside within three(3)hours of receiving notice from the Harbormaster or his agents. 265 250'TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250-ton Travelift. A separate ldtfeuimgeoermedvvbcoevcruveao6iolifted.oveuifiti000ly lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250-ton Travelift shall be THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS($346.50)for the first hour of use or any portion of time less than one(1)hour. The overall length of the vessel will determine the lift fee.A full lift fee is charged once a lift has commenced,even if that lift is subsequently interrupted,suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of S—ie mechanical failure or difficulty with the Travelift system is the responsibility of the vessel el owner/operator.Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time,the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE(55)feet in length, an additional TWENTY-ONE DOLLARS($21.00)shall be charged for each foot of vessel length over fifty five(55)fee during the first hour of use or any portion of time less than one(1)hour. (3) Second and Additional Hours ofl��. For use of a lift in excess of one(1)hour,a fee of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS($346.50)per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY-SIX DOLLARS AND SIXTY-THREE CENTS($86.63)and shall be generated per one-quarter(1/4) hour or any portion of time less than one-quarter(1/4)hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS ($346.50)per hour. 270 SHIPLIFT FEE (a) Description of Charge. The shiplift fee is the charge for lifting a vessel from the water and returning itto the water utilizing the shiplift. (b) Lift Fee. The shiplift fee shall be based upon vessel length. /\full sdplibfee is earned once a lift has commenced,even if that lift is subsequently interrupted,suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the shiplift system is the responsibility of the permit holder and the vessel owner. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 24, 20}J January},20/J 23 \a\ (c) Basis for Computing Charges. The shiplift fee will be determined by the overall length of the vessel. Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward point at the stem to the aftermost part of the stem of the vessel,measured parallel to the base line of the vessel. For shiplift fee purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"will be used. If no such figure appears in"Lloyd's Register",the shiplift operator reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (d) Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift operator. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use. Late use or arrival will be rescheduled on a space-available basis. Reservations must specify arrival and departure dates and the nature of the work to be performed. A permit holder may secure a reservation under the following conditions: (1) Request for reservation is made on a Vessel Shiplift Use Application(see"Forms"in the preface of this document)indicating rail and date(s)requested. (2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to anticipated vessel arrival. (3) The permit holder must provide,as may be requested by the shiplift operator as a part of the lifting process,to the extent of his knowledge,all information called for by any Supplement to Shiplift Use Application(see"Forms"in the preface of this document)or any other information respecting the ,, vessel including,but not limited to, its estimated arrival and departure, amount(s) and type(s) of `� cargo on board, and estimate of amount of each category of port charges, as enumerated. The submission of this form,signed by the permit holder or his agent,shall constitute the permit holder's attestation as to the accuracy of the information therein supplied;and the permit holder shall be held personally liable to the shiplift operator and the City of Seward for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's failure to so report accurately. Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the permit holder reasonably believes is not equally known to the shiplift operator,it shall immediately notify the shiplift operator and,if requested by the shiplift operator,promptly file an amended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be non-refundable unless a written cancellation is received by the shiplift operator a minimum of fourteen(14)days prior to scheduled vessel lift. (See also Section I,Responsibility for Charges, Collection and Guarantee of Charge.) (5) All estimates of charges are subject to approval and/or adjustment by the shiplift operator. The shiplift operator shall promptly,after receipt of said estimate,advise the permit holder as to(1)its approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (6) An agreement is made to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts (first and second shifts) and equipment to the fullest extent available in accordance with circumstances then prevailing. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 21,2013 January 1,2015 24 1 ‘1111r (7) In additio to the terms for lift reservation and establishment of financial responsibility as set forth herein,requests for lift reservation and assignments of lifts shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some circumstances,may allow the lift of a vessel before the permit holder or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of lifting. (D Inspection of Vessels on the S6bo/ift}z/u�onm. Except in extraordinary circumstances and with the prior approval of the Harbormaster,vessels are not to be inspected on the shiplift platform.All vessels are to be lifted utilizing a moveable cradle system.Inspections of lifted vessels are to be limited to ascertaining that a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system to a repair booth. (g) Repairs to Vessels on the Ship/ft System. Vessels may not occupy the shiplift system for the purposes of repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be permitted to occupy space on the shiplift only with the understanding that it shall be moved when the shiplift system is needed for any reason, including maintenance of the system. A vessel on notice to move which refuses to move will be assessed lay charges at TEN(10)times the normal rate,starting at the time the vessel is noticed to vacate. In addition,vessels refusing to vacate on demand may be moved by shiplift operator personnel or otherwise,and any expenses,damages to vessel or to other vessels or shiplift system during such removal shall be charged to the vessel so moved. All vessels using the shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster of his agents. S � � ~ (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the time of reservation of the fuel,ballast and any unusual weight distribution or structural requirements for lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous,extremely flammable, corrosive,explosive or otherwise poses a significant risk of harm to property or persons at least twenty-four(24)hours prior to landing or use of the shiplift system. The shiplift operator, at his sole discretion,may issue a permit for shiplift system use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such vessel. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three(3)hours of receiving notice from the shiplift operator or his agents, (j) Lift Fee Rates. The lift fee shall be TEN DOLLARS AND FIFTY CENTS($10.50)per foot of vessel length. This fee does not include labor charges for operation of the shiplift system as described in Subsection 225. This fee does not include any daily lay charge as described in Subsection 265. 275 DAILY SHIPLIFT LAY CHARGE (a) Description of Charge. The daily lay charge is the charge for vessels either on the shiplift system or upland of the shiplift system on repair berths. (b) Lay Fee. Daily lay charges shall be based on the number of complete or partial days a vessel is on the shiplift system or upland of the system. Each day commences at 12:01 a.m. In computing daily lay charges for less than 12 hours,lay charges at one-half(1/2)of one full day's charge shall be assessed. For any lay time greater than 12 hours and less than 24 hours,a full day's lay charge shall be assessed. Port and Harbor Ta riff Regulations City of Seward,Alaska *■ Revised January}v'z0/3 Effective January 21,2013 January 1,2015 25 \ d^~� wow (c) Basis for Computing Charges. The daily charges shall be assessed against a vessel regardless of vessel size or length. (d) Rate. The daily charge is TWO HUNDRED TEN DOLLARS ($210.00)per day or a portion thereof. Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS ($315.00)per day or a portion thereof. 280 UPLAND STORAGE (a) Area of Land Available. The City of Seward will make available a limited area of land in the Small Boat Harbor and the Seward Marine Industrial Center(SMIC)for storage of boats or boats on trailers subject to the following conditions: (1) Space is made available on a first-come,first served basis. (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster. (3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use upland storage space. Charges assessed depend upon the nature of work being conducted. (b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer(whichever is greater)and shall be based on a per-calendar-month charge. (c) Lay Time Rates (1)Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS($9.19)per day for stays of ten(10)days or less in any calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be charged at a rate of NINETY-ONE DOLLARS AND EIGHTY-EIGHT CENTS($91.88)per calendar month for a vessel,trailer or cradle up to fifty(50)feet in length. The monthly charges for larger vessels shall include an additional ONE DOLLAR AND FIFTY-EIGHT CENTS($1.58)per foot for each foot over fifty feet in length. (2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of ten cents($0.10)per linear foot of the overall length of the vessel per calendar day.For stays of longer than one year,the lay time shall be charged at a rate of twenty cents ($0.20)per linear foot of the overall length of the vessel per calendar day after one year. (d) Empty Cradles/Trailers and Equipment. For purposes of this tariff, a vessel trailer or cradle or equipment stored beyond a 10 foot radius of the vessel shall be measured and charged thirty cents ($0.30)per square foot per calendar month. Cradles,trailers or equipment placed or remaining on the upland storage area prior to or after a vessel is stored shall generate storage fees at this rate. 285 WHARFAGE (a) Application of Charge. Wharfage rates named in this tariff will be charged for all merchandise received over the city docks of the City of Seward•and will be in addition to all other charges made under provisions of this tariff,EXCEPT: No wharfage shall be charged to ship's gear, such as strongbacks,lines,hatch covers,walking boards, etc.,placed on wharf during unloading operations. Fuel handled over wharf will not be considered as Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11,2013 Effective January 24,2013 January 1,2015 26 `DUI raL\ 11111w (b) Over-side. One-half of wharfage name herein will be charged to merchandise discharged or loaded over-side of vessel directly to or from another vessel or to the water when vessel is berthed at a wharf. (c) Over-stowed Cargo. Over-stowed cargo destined for discharging at another port will be exempt of wharfage charges,provided that such cargo is not removed from wharf prior to reloading to the vessel. 290 WHARFAGE RATES (a) Schedule of Standard Rates, Except as otherwise specifically providcd, rates are in dollars per ton of 2,000 pounds or per 40 cubic feet. Commodity Wharfage Rate Freight N.O.S. $3.15 Scrap(iron, steel) $3.15 Raw fish,unprocessed $3.15 Poles,logs, cants or cut finished lumber per MBM(Note: 2,000 lbs shall be deemed l MBM $3.15 Petroleum products(inbound)per barrel $0.18 Petroleum products(outbound)per barrel $0.25 Petroleum products(gasoline)per gallon $0.015 $0.0172 Skase Petroleum products (diesel)per gallon Q04)07� $0.0083 Plastic material $4.20 Explosives $26.25 Vans or containers (net contents weight) $2.18 Vehicles (gross vehicle we 8br $5.25 Bulk gravel $026 Bulk salt $0.80 (b) Discount Rates Based on Guaranteed Payments. Upon approval by the Seward City Council, those shippers who guarantee minimum levels of wharfag payments regardless of actual shipments may obtain a written prepayment agreement(in the form provided by the City). The discounted rates shall be as follows based on a guaranteed annual payment of at least$250,000 regardless of volume shipped: Timber and timber products, first 100,000 tons $1.58/too Next 80,000 tons $1.31/uou Excess over 180,000 tons $0.53/tou Port and Harbor Tarff Regulations City of Seward,Alaska %^-- Revised January}4,2V/3 Effective January 24.20}J January 1,30JJ 27 \ -\ 5 ,war► 295 WHARF DEMURRAGE (a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time,unless arrangements have been made for storage. (b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free time starts at 7:00 a.m.after freight is received or unloaded onto wharf from car of truck or,in the case of freight received from vessel,at 7:00 a.m.after completion of vessel's discharge. On outbound traffic,the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time,the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period,the longer period shall be allowed,but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates. After expiration of applicable free time,wharf demurrage will be assessed at the following rates (per day,per ton(2,000 lbs.)or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. $ 1.26 $2.52 Mobile homes,portable buildings, living quarters $26.25/day/unit $105.00/day/unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY-SIX CENTS($.26)per square foot for each month or fraction thereof after expiration of free time above. (e) Lay-Down Areas. All cargo is expected to vacate city docks,wharves and piers as soon upon arrival as possible. Cargo is not to be stored on city docks,piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster. The Harbormaster shall have the discretion to refuse all cargo activities and/or lay-down,either inbound or outbound. Cargo that is allowed to wait for "beyond" transportation shall adhere to the following rules: (1) Lay down areas are outside of 100'of water front immediately adjacent to the dock, wharf or ramp. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay-down areas. (3) Cargo and freight not placed in a designated lay-down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate,starting at the time the vessel,shipper or consignee is noticed to move the cargo. (5) In addition,the Harbormaster may,in his discretion,move cargo or freight,and any expense or damages,including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee,except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 21,2013 January 1,2015 28 ilkow PORT AND HARBOR TARIFF REGULATIONS LEGISLATIVE HISTORY NOTES Per Ogden Beeman &Associates, Inc Tariff Report dated May 7, 1993, the Port of Seward had 3 tariffs: General Terminal Tariff(October 5, 1992), Shiplift System Tariff(October 15,1992), Small Boat Harbor Tariff(July 1, 1992). Combined into two we have now. *Ordinance 95-11 Revised the Port and Harbor Code CITY DOCKS AND TERMINAL FACILITIES DATE RESOLUTION ACTION EFFECTIVE 1/22/1990 1990-009 Adopted general terminal tariff#1 setting rules,regulations& 2/1/1990 charges for city docks and terminals except for the shiplift dock and the small boat harbor. 4/9/1990 1990-031 Approved Amendment#1 to incorporate changes by the Federal 4/1/1990 Maritime Commission and to add the terminal use permit to the Retroactive tariff. 6/10/1991 1991-068 Approved Amendment#2 to incorporate payment agreement 6/10/1991 with Chugach Alaska Corporation. 6/22/1992 1992-096 Approved Amendment#3 adjusting tariff rates and names for 7/1/1992 the 250 ton Travelift. 7/13/1992 1992-119 Approved amendment#4 adopting a wharfage rate of$.25 per 7/20/1992 ton for bulk gravel. 9/14/1992 1992-151 Approved amendment#5 establishing a declining block rate for 10/5/1992 electrical service for large energy users. 6/14/1993 1993-092 Approved amendment#6 to increase certain tariff fees to enable 8/1/1993 the city to fund harbor improvements.Required approval by Federal Maritime Commission(FMC). 5/28/1996 1996-071 Sets and amends various fees and definitions in the tariff Failed effective July 1, 1996. 6/10/1996 1996-076 Added interest rate and other charges for delinquent accounts. 7/1/1996 5/26/1998 1998-056 Amend Travelift and Upland storage fees. 7/1/1998 11/23/1998 1998-132 Reduce wharfage rates for unprocessed fresh fish from 12/3/1998 $35.00/ton to$3.00/ton. 5/22/2000 2000-050 Amend adding fees for equipment usage,used oil recovery 5/22/2000 services,travelift calculations,eliminating tiered rate schedules and adopting a daily rate schedule for moorage. 9/11/2000 2000-093 Amend tariff to impose a passenger fee in order to provide the 9/21/2000 funds to pay expenses and debt service on revenue bonds for capital improvements. 5/13/2002 2002-043 Amend tariff reflecting the application of the Anchorage CPI. 5/13/2002 9/9/2002 Could Not Amend to establish an annual adjustment to moorage fees in the Failed? Locate Seward small boat harbor by the previous year's Anchorage Consumer Price Index for all urban consumers(CPI). 11/8/2002 2002-112 Adjusted moorage fees by the previous year's Anchorage 12/31/2002 Consumer price index (CPI)for all urban consumers. 12/8/2003 2003-156 Amend the Port and Harbor tariff by 5%. Postponed for PA CAB review. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 21,2013 January 1,2015 29 \ mirmesirrommo DATE RESOLUTION ACTION EFFECTIVE 12/14/2004 2004-128 Amend Port and Harbor tariff to increase moorage rates by 1/1/2005 12.96%increasing the linear foot rate from$31.69 to$35.80 and water rates from$4.25 to$6.02 per 1,000 gallons.Passed. Motion to Reconsider filed. 5/9/2005 2005-028 Amending the tariff by increasing moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund east harbor construction including Z-float. 5/9/2005 2005-030 Amending the tariff by increasing moorage rates by 35.58% Failed from 35.80 to 48.54 per linear foot to fund east harbor construction south harbor and uplands. 5/23/2005 2005-037 Amends the tariff by increasing moorage rates over a three year Failed period by 12/58%in 06 to 12%in 07 and 11%in 07 to fund the harbor project. 9/12/2005 2005-080 Amends the tariff by modifying the passenger transit fee to 1/1/2006 change penalties for failure to remit payment and increase the passenger fee from$1.50 to$3.50 per passenger to fund harbor expansion project. 9/12/2005 2005-081 Amends the tariff by increasing moorage rates by 10%effective 1/1/2006 1/1/06 to fund harbor expansion project. 11/13/2007 2007-097 Amends the tariff by increasing all moorage,wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees)effective January 1,2008. 11/26/2007 2007-122 Amends the tariff by increasing daily launch fees from$5 to 1/1/2008 $10,annual permits to$100, excluding all vessels propelled solely by human power which remains at$5. 12/8/2008 2008-127 Amends the tariff regulations Subsection 225 RE: electric billing 12/18/2008 ,, for transient vessels according to a flat rate for stays of 15 consecutive days or less. 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the anchorage CPI for all urban consumers. 1/25/2010 2010-005 Amends the tariff regulations by providing for permanent slip 2/4/2010 assignments January through June each year. _ 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates 1/1/2012& to estimated CPI,increasing transient/guest moorage rates by 1/1/2013 10%,eliminating quarterly rates,eliminating miscellaneous electric charges for reconnection,restructuring harbor electric fees, and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 1/1/2012 2012 and 2013 harbor tariffs to correct errors,to eliminate the Retroactive& attachment of standard forms,to establish a basis for pro-rating 5/24/2012& charges for new tenants,and to establish a basis for late 1/1/2013 renewing customers. 8/13/2012 2012-060 Amends the tariff regulations by adopting the revision of the 2012 8/23/2012& and 2013 harbor tariffs to correct errors,to establish new wait list 1/1/2013 categories, and to extend the months when permanent slip assignments are made. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 11, 2013 Effective January 21,2013 January 1,2015 30 DATE RESOLUTION ACTION EFFECTIVE 1/14/2013 2013-001 Revising the 2013 harbor tariff annual rate for reserved moorage 1/24/2013 customers and conform the moorage rate table Appendix B of the tariff. 1/14/2013 2013-002 Revising the 2013 harbor tariff to charge only one electrical 1/24/2013 customer charge per billing cycle to tenant customers at the small boat harbor and to charge one electrical customer charge per location for transient or guest customers. 1/14/2013 2013-003 Revising the 2013 harbor tariff to eliminate the requirement for 1/24/2013 electrical deposits for reserved moorage customers at the small boat harbor. Port and Harbor Tariff Regulations City of Seward,Alaska Nitre Revised January 14, 2013 Effective January 21,2013 January 1,2015 31 acA SEWARD MARINE INDUSTRIAL CENTER (SMIC) SHIPLIFT SYSTEM DATE RESOLUTION ACTION EFFECTIVE 3/27/1990 1990-022 Tariff adopted by City Council, effective April 6, 1990 4/6/1990 following approval by Federal Maritime Commission(FMC). 4/9/1990 1990-034 Amendment#1 adopts rules and regulations for repair berth 4/20/1990 stations adjacent to the shiplift system effective April 20, 1990 following approval by FMC. 7/22/1991 Could Not Amendment#2 revised rates to reflect actual cost of operations Locate of shiplift effective August 1, 1991 following FMC approval. 9/28/1992 1992-165 Amendment#3 set annual availability cost fee&provided for 10/15/1992 declining block rate for electrical service provided by Harbor Dept.effective October 15, 1992 following FMC approval. 6/14/1993 1993-092 Amendment#4 revised tariff to increase certain tariff fees to 8/1/1993 enable city to fund harbor improvements,effective August 1, 1993. 6/12/2000 2000-057 Authorized and instituted the SMIC Upland Boat works policy. 7/10/2000 7/24/2000 2000-077 Revision to SMIC Upland Boat Works Policy. 9/7/2000 9/24/2000 2000-109 Revision to SMIC Upland Boat Works Policy,deleting the 9/25/2000 prohibition on silica sand as a blast material. 11/8/2002 2002-112 Amend tariff to adjust moorage fees by 2.8%to previous year's 12/31/2002 CPI. 2/9/2004 2004-015 Decreased dockage rate for SMIC facilities from$1.00 to$.41 2/19/2004 per foot of lengthper day. 12/14/2004 2004-128 Amend harbor tariff to increase moorage rates and dockage by 1/1/2005 12.96%,increasing linear foot rate from$31.69 to$35.80 and increasing water rates from$4.25 to$6.02 per 1,000 gallons. 5/9/2005 2005-028 Amend harbor tariff to increase moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund East&South harbor construction,upland amenities&Z-float. 5/9/2005 2005-030 Amend harbor tariff to increase moorage rates by 35.58%from Failed $35.80 to$48.54 per linear foot to fund East&South harbor construction and upland amenities. 5/23/2005 2005-037 Amend harbor tariff to increase moorage rates 12.58%, 12%, Failed and 11%over a 3-yr. period to fund East&South harbor construction and upland amenities. 9/12/2005 2005-080 Amend harbor tariff to increase passenger fee from$1.50 to 1/1/2006 $3.50 per passenger, and modify failure to remit penalties. 9/12/2005 2005-081 Amend harbor tariff by increasing moorage rate by 10%. 1/1/2006 11/13/2007 2007-097 Amends the tariff by increasing all moorage,wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees). 12/8/2008 2008-127 Amends the tariff regulations and SMIC electricity charges in 12/18/2008 Subsection 225 to cover the cost to offer the service and introduce a customer charge and change the utility rate,plus add a fuel adjustment factor. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14, 2013 Effective January 29,2013 January 1,2015 32 `III DATE RESOLUTION ACTION EFFECTIVE Nor 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the anchorage CPI for all urban consumers. 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates to 1/1/2012& estimated CPI,increasing transient/guest moorage rates by 10%, 1/1/2013 eliminating quarterly rates, eliminating miscellaneous electric charges for reconnection, restructuring harbor electric fees, and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 2012 1/1/2012 and 2013 harbor tariffs to correct errors, to eliminate the Retroactive& attachment of standard forms, to establish a basis for pro-rating 5/24/2012& charges for new tenants,and to establish a basis for late renewing 1/1/2013 _ customers. Port and Harbor Tariff Regulations City of Seward,Alaska Revised January 14,2013 Effective January 21,2013 January 1,2015 33 \ \ 2015 SEWARD SMALL BOAT HARBOR TRANSIENT RATES DAILY TRANSIENT MOORAGE @ 72c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL- per ft _ ;$F,MI,. per ft __ MONTH. LENGTH $53.59 TAX CRR TOTAL,,,,,,- $32.15 TAX CRR :=-TQTAI:„:..,, $9.65 TAX _ CRR - - _TOTAL,, 13 $696.67 48.77 60.00 $805x44; 417.95 29.26 30.00 ;:,!$.47721.> 125.45 8.78 5.00 :;x$139;23 14 $750.26 52.52 60.00 $862x78.: 450.10- 31.51 _ 30.00 ;:,$51:1;6.1=- 135.10 9.46 5.00 ` $1;49:56 15 $803.85 56.27 60.00 $92012 482.25 33.76 30.00 " , soot 144.75 10.13 5.00 $15940 16 $857.44 60.02 60.00 ..$97746- 514.40 36.01 30.00 - ,.`$58M0 4 154.40 10.81 5.00 .. x$17:0:21.` 17 $911.03 63.77 60.00 1 $1;034:80 546.55 38.26 30.00 $61it 81;; 164.05 11.48 5.00 $180;53 18 $964.62 67.52 60.00 $1,05244' 578.70 40.51 30.00 -.. -$649;21>. 173.70 12.16 5.00 ;',$19.0:86 19 $1,018.21 71.27 60.00 $1;1-4948. 610.85 42.76 30.00 $6140 183.35 12.83 5.00 ;.`$29118 20 $1,071.80 75.03 60.00 $1-;206.83- 643.00 45.01- 30.00 , ,.:.$71L841; 193.00 13.51' 5.00 .4211.51 21 $1,125.39 78.78 60.00 ,$1;264;11,!. 675.15 47.26 30.00 47501 202.65 14.19 5.00 x;$2:2;184" 22 $1,178.98 82.53 120.00 $1;381:51;- 707.30 49.51 60.00 . . =I816r81 212.30 14.86 10.00 ' .';$237,16. 23 $1,232.57 86.28 120.00 - :$1`,438:85; 739.45 51.76 60.00 - $851.21F 221.95 15.54 10.00 4247:49_ 24 $1,286.16 90.03 120.00 $1,4909 771.60 54.01 60.00 $885 61 231.60 16.21 10.00 42T 25 $1,339.75 93.78 120.00 $1,553:53 803.75 56.26 60.00 . :$920'01" 241.25 16.89 10.00 : $2 . 26 $1,393.34 97.53 120.00 $1,610.87 835.90 58.51 60.00 .- ;.$954.41 250.90 17.56 10.00 ,,;$27096 27 $1,446.93 101.29 120.00 $1,66844 868.05 60.76 60.00 $988%81. 260.55 18.24 10.00 ;$28$79 28 $1,500.52 105.04 120.00 $1;725.54' 900.20 63.01 60.00 $1023;21. 270.20 18.91 10.00 $299;;11` 29 $1,554.11 108.79 120.00 $1,782,90 932.35 65.26 60.00 $'1,057;6;1; 279.85 19.59 10.00 . $309;:44 30 $1,607.70 112.54 120.00 $1;840,24 964.50 67.52 60.00 $1,09202 289.50 20.27 10.00 7.00477 31 $1,661.29 116.29 120.00 $1;897.58. 996.65 69.77 60.00 $.1,,12642' 299.15 20.94 T 10.00 , ' '.$330:09 32 $1,714.88 120.04 120.00 $1,95442 1,028.80_ 72.02 60.00 $1,=160:82` 308.80 21.62 10.00 - .$,340:42_ 33 $1,768.47 123.79 120.00 $2;012,26 1,060.95_ 74.27_ 60.00 '$1;195;22 318.45 22.29 10.00 ;$35541 34 $1,822.06 127.54 120.00 $2;069.60 1,093.10 76.52 60.00 $1,229:62 328.10, 22.97 10.00 _$361::,0.7 35 $1,875.65 131.30_ 120.00 $2;126:95 1,125.25 78.77 60.00 • $:1;264:02. 337.75 23.64 10.00 .::::$371;3.9. 36 $1,929.24 135.05 120.00 $2,1.34:20 1,157.40 81.02 60.00 $1;29642 347.40 24.32 10.00 ;:.;$3$1.72" 37 $1,982.83 138.80 120.00 $2,2443_ 1,189.55 83.27 60.00 $1;3414 357.05 24.99 10.00 539404 38 $2,036.42 142.55 120.00 $2;298.97 1,221.70 85.52 60.00 .$1,367.22 366.70 25.67 10.00 $402:37_ 39 $2,090.01 146.30 120.00 $2,356.31 1,253.85 87.77 60.00 .$1;401:62 376.35 26.34 10.00 $412:.69_ 40 $2,143.60 150.05 120.00 $2;413.65 1,286.00 90.02 60.00 '$1,436.Q2. 386.00 27.02 10.00 =$423:Q2 41 $2,197.19 153.80 120.00 $2,470.99 1,318.15 92.27 60.00 $1;47042 395.65 27.70 10.00 $433.35 42 $2,250.78 157.55 120.00 $2,528.33 1,350.30 94.52 60.00 -$1,504.82 405.30 28.37 10.00 $443.67 43 $2,304.37 161.31 120.00 $2,585.68 1,382.45 96.77 60.00 $1,539.22 414.95 29.05 10.00 $454.00 44 $2,357.96 165.06 120.00 $2,643.02 1,414.60 99.02 60.00 $1,573.62- 424.60 29.72 10.00 $464.32 45 $2,411.55 168.81 180.00 $2,760.36 1,446.75 101.27 90.00 $1,636.02 434.25 30.40 15.00 $479.65 46 • $2,465.14 172.56 180.00 $2,817.70 1,478:90 103.52 90.00 $1472.42', 443.90 31.07 15.00 $48947 47 $2,518.73 176.31 180.00 $2,875.04 1,511.05 105.77 90.00 .$1,706.82 453.55 31.75 15.00 $500:30 48 $2,572.32 180.06 180.00 $2,932:38 1,543.20 108.02 90.00 $1;741;22 463.20 32.42 15.00 $510.62' 49 $2,625.91 183.81 180.00 $2,989.72 1,575.35 110.27 90.00 $1,775.62 472.85 33.10 15.00 $520.95 50 $2,679.50 187.57 180.00 $3,047.07_ 1,607.50 112.53 90.00 $1,810.03 482.50 33.78 15.00 $531.28 2015 TRANSIENT Rates Port and Harbor Tariff Subsection 205(c),Appendix A ________________,............................................... 2015 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE @ 72c PER FOOT PLUS 7%SALES TA X ANNOAL: DISCOUNTED MOORAGE RATES ARE BA AND MUST BE PAID_IN SED ON ADVANCE CALENDAR------------- ,Illialtry„._111inft,N1141.,ftelia - .Ili ___ZEN,411141-11,....._ 1111111Mami Per caaallii .,„sammultous :.;:,, TA,4: :::: mardenhougemmigum TarAL : $9.65 411111141111 MONTH 0°TNATL.H ........_11111111111 2,733.09 191.32 180.00 43i1f04.* /639 55 EMU 90.00 - -151:M4443' 492. 5 eta /5.00 ._ , . $541.60 Nam 2,786.68 195.07 /80.00 . 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",,1.049.24': 685.15 350 1 .00 all _We 3,858.48 270.09 180.00 .1'-,4714i,Alko 2,314.80 162.04 90.00 :'-, '',-$Z500,54-: 694.80 35.00 15.00 Illemi 3,9/2.07 Mara 180.00 .:-:-..:4%40041::, 2,346.95 litalu 90.00 ' '- 5,Z 601-24' 704.45 5.00 1 .00 Sea 3,965.% 277.60 180.00 11''' ,$'.4;442 2,379.10 /66.54 90.00 ,:,. --$2,1035..54.- 714. 0 35.00 15.00 aft 4,019.25 281.35 180.00 -:,--, ;$;4,,,-404,40. 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NompunsR 2,532.40 180.00 Luiami�rs . 2,581.10 180,00 1,490.22 144.32 >-� itei:� -� MON7F{. 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Z9 2 ; 350o 20.00 $8A9,22 92 4,431.70 310.22 240.00 x`4 71; 1: 120.00 ��3 4,480.40 2,629.80 184.09 120 00 : $2,,9 2 _- 780.�+ 3, 35.00 20.o 93 313.63 240.00 $ 98 92' 2,659.02 94 4,529.10 317.04 240.00 3 r x: 0 2,688.24 188.18 120.00 $' $9 789.30 35.00 20 00 am 4,577.80 320.45 ° `<ig- 2,788.2 120 0p 798.07 35.00 20.00 4,626,50 240.00 $ 190.22 ` r , 20.00 $844.30 5 323.86 ,13&25 720 00 ; 806.84 350o 96 4,675.28 240 01 2,746.68 192.27 $853'07 97 327..4 240. 0 $5190 120 00 5 815.61 35.00 20.00 ; 4,723.90 330.67 ' =36- 2,775.90 194.31 s 0 '• 2 X46 120 0. 310 .95 3 20.00 $$70:6 98 4,772.60 241.00 2,805.12 5 00 334.08 .‹.F , 5-T`, 198.40 120.00 '':_ $3,�211 1�' 20.00 KIMEICEI 99 4,821.30 �L�.,, 240.00 35.00 2,.01 100 "'x 240.0 3,85 2,863.56 120.00 841.92 35.01 4,870..0 340.90 , 68;79•, 200.45 120.00 '::' O 850.69 35.00 20 00 IlaKriza 240.40 2,892.78 202.494." 859.46 21.00 • ` 55,4 1.90 2,922.00 204.54 121.00 $3; 445. 7 877. 0 23 35.00 20.00 $90.00 120.08 .;$3,2'46.,$`4; 877.81 35.0. 21.0. $923.2.3 35,01 20.00 $932;00 2015 TENANT Rates Port and Harbor Tariff Subsection 205(c),Appendix 8 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,SUPPORTING THE SEWARD MARINE INDUSTRIAL CENTER EXPANSION PROJECT AT SEWARD,ALASKA WHEREAS,the Seward Marine Industrial Center's(SMIC)existing infrastructure,250-ton Marine TraveLift, 5,000-ton Synchrolift,and significant upland acreage offer ample space for vessel repairs, marine support services, cargo storage, staging, and future development; and WHEREAS,the SMIC basin is not adequately protected from ocean swells and boat wake action rendering SMIC's moorage structures unusable most of the year,negatively impacting the use and development of the entire facility, and causing damage to vessels and dock facilities due to the current undesirable wave environment; and WHEREAS,there is lack of safe moorage in Seward for large commercial vessels. Tugs, barges, and many other vessels often must anchor or "jog" within Resurrection Bay awaiting moorage. Many potential users are forced to bypass Seward altogether; and WHEREAS,Seward's central location is ideal for the provision of critical ship repair,fuel, surd moorage, and service facilities to vessels traveling through South Central and Western Alaska and up to the Arctic; and WHEREAS,increased petroleum exploration in the Beaufort and Chukchi Seas has led to increased supplies shipment and vessel over-wintering in Seward; and WHEREAS, the AVTEC Maritime Program has increased its training of Alaskans for marine industry jobs statewide, noting the value of the SMIC breakwater for future statewide economic growth, increased workforce development and employment opportunities training; and WHEREAS,the new UAF School of Fisheries and Ocean Sciences Research Vessel (RN Sikuliaq) will homeport in Seward. The Sikuliaq will support oceanographic and fisheries-related research in the Arctic. The SMIC breakwater would provide a protected basin for moorage and necessary maintenance for this vessel; and WHEREAS, Seward Ship's Drydock anticipates doubling its current employment to 100 jobs, other private industries have expressed interest in leasing industrial space at SMIC once the basin improvements are complete; and a protected basin at SMIC with adequate moorage and uplands development will better support existing and new businesses and provide a stable economic base with year-round jobs; and CITY OF SEWARD, ALASKA RESOLUTION 2013-075 WHEREAS, CDQ entities are actively exploring relocating their fleets back to Alaska. Annual spending for maintenance of the largest entity's vessels is between five and ten million dollars($5,000,000-$10,000,000).Nearly twenty million dollars($20,000,000)is spent annually on moorage and vendor support. An additional two million dollars ($2,000,000) is estimated for crew airfare to reach vessels currently located outside of Alaska. Relocation of Alaska's CDQ fishing fleet close to the fishing grounds will create jobs and bring that revenue back to Alaska for Alaskans; and WHEREAS, the State of Alaska has appropriated twenty million four hundred thousand dollars ($20,400,000) for this work and the City is requesting the final seven million nine hundred thousand($7,900,000)required to complete the Phase 1 breakwater extension.The breakwater has a standalone value and utility to support harbor moorage and uplands development. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward fully supports requesting the final seven million nine hundred thousand ($7,900,000) from the State of Alaska in FY2015 to complete the Phase 1 breakwater extension. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of October, 2013. THE CITY OF SEWARD,ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk %my (City Seal) ..r. Council Agenda Statement r Hof s9 Meeting Date: October 14, 2013 v ► �a Through: City Manager Jim Hunt 'qt'—V-P • Agenda Item: Support for Seward Marine Industrial Center Expansion–Phase 1 Breakwater Funding Request BACKGROUND & JUSTIFICATION: Development of Seward Marine Industrial Center (SMIC) began in the early 1980s to serve as an industrial center and shipyard for commercial and fishing vessels. While existing infrastructure and lift facilities provide essential marine repair and support services,the basin does not have adequate protection from ocean swells and boat wake action.As a result,moorage at SMIC is unusable much of the year. A breakwater enclosing the basin at the western perimeter is essential to accomplishing the original goal of providing a safe harbor and moorage for large commercial vessels in Seward. Demand for additional moorage and laydown yard space in Seward continues to increase. The SMIC Expansion project will provide essential marine services to support oil and gas exploration and development,increased Arctic marine traffic,Alaska Railroad trans-shipment,UA research,AVTEC job training, possible home-porting of Coastal Villages Region Fund (CVRF) and/or other CDQ Fishing Fleets to Alaska, and other uses. Completion of the breakwater structure for the SMIC basin offers independent utility to the City of Seward as the project protects the $30 million investment the City has made in the existing SMIC facilities, ensures safer operations and moorage within the basin, and expands opportunities for future basin improvements and private development of the extensive upland acreage. The City of Seward has requested funding to complete the breakwater structures and basin development in its 2009 application for US DOT TIGER grant funding and with the 2012 and 2013 State Legislature. The City has received$20,400,000 from the State of Alaska and needs$7,900,000 in additional funding to complete the breakwater construction. Construction of the breakwater structures can occur in a single construction season, once approval to proceed is secured. INTENT: State the City's intent to request $7.9 million in State of Alaska funding that will: (1) Establish breakwater structures for the SMIC basin to accommodate increased statewide demand for large vessel moorage and support services;(2)Preserve the City's existing investment in dockage facilities and services; (3) Reduce damage repair costs and annual maintenance expenses for the facility; (4) Encourage economic development for the community and region and facilitate private sector participation in future improvements. ,, i CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 16 "Improve and Ikier expand port facilities to attract more maritime trade. Complete development of SMIC as a revenue source with year-round employment 1. X opportunities." Page 13, "Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community." 2 Strategic Plan (document source here): Page 5 "Attract New Industry" . X Page 7 " 3. Other (list): SMIC Development Plan: Entirely X FISCAL NOTE: The City of Seward has received $20.4 million in funding to begin Phase I of the SMIC what breakwater extension project, and this request for an additional $7.9 million will enable completion of Phase I of this project. Approved by Finance Department: kfit.,C0 ATTORNEY REVIEW: Yes No X RECOMMENDATION: the City Council approve Resolution 2013-r./1 supporting the request to the State of Alaska for the final seven million nine hundred thousand ($7,900,000) in FY2015 to complete the Phase 1 breakwater extension. \ft. c2A iimmogimminmer Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2013-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TRANSFERRING $37,500 OF 2012 RAW FISH TAX RECEIPTS TO THE SEWARD CHAMBER OF COMMERCE TO PURCHASE AND REAR COHO SALMON SMOLTS WHEREAS, on December 10, 2012 the Seward City Council's Resolution 2012-097 allocated up to $51,000 of the 2012 Raw Fish tax to be spent for fisheries enhancement purposes; and WHEREAS,the Seward Chamber of Commerce has submitted a plan to purchase and raise 75,000 Coho salmon smolts to be released in June 2015; and WHEREAS, the Chamber of Commerce, through programs implemented in association with the Seward Silver Salmon Derby,is recognized as having been the primary local agency for fish enhancement purposes; and WHEREAS, at the Chamber of Commerce Board meeting on September 26, 2013 the Seward Chamber Board unanimously approved supporting this resolution; and WHEREAS,with their record of success and as the City's economic development partner, the Seward Chamber of Commerce is the logical entity to implement salmon enhancement projects on behalf of the City; and WHEREAS, the Chamber has a proposal for Cook Inlet Aquaculture Association's Trail Lakes Hatchery to rear and release 75,000 Coho smolt for a total cost of $37,500; and WHEREAS,the Seward Chamber of Commerce has historically partnered with the Cook Inlet Aquaculture Association on this type of project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The amount of$37,500 is authorized to be paid to the Seward Chamber of Commerce for the purpose of implementing the Cooperative Agreement between Cook Inlet Aquaculture Association and the Seward Chamber, in substantially the form as presented at this meeting. Section 2. This resolution shall take effect immediately. NIS 1�� Agenda Statement t4 of Selz, 1°11111PPr Meeting Date: October 14, 2013 • To: City Council Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Fisheries Enhancement BACKGROUND & JUSTIFICATION: On December 10, 2012 Resolution 2012-097 was passed in order to allocate $51,000 of the Raw Fish tax for the purpose of"salmon enhancement in Resurrection Bay to improve future fish runs", subject to Council approving an implementation plan. The Chamber has submitted a plan in the form of a proposal to spend $37,500 of those funds to purchase, raise and release 75,000 Coho smolts though the Cook Inlet Aquaculture Association. The smolts are scheduled to be released in June of 2015 in a remote area near Seward. INTENT: To transfer$37,500 to the Seward Chamber of Commerce in accordance with Resolution 2012-097. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 23 Encourage the 1. growth and development of an efficient, functional small boat harbor X that meets Seward's commercial and recreational needs. 2 Strategic Plan (document source here): Page 15 Celebrate the Natural . X Environment. 3. Other (list): X FISCAL NOTE: The amount of$37,500 to be paid from the salmon enhancement funding as previously authorized. Approved by Finance Department: KM/ 1494 ATTORNEY REVIEW: Yes No X Orlk° RECOMMENDATION: Council approve resolution 2013- transferring$37,500 to the Seward Chamber of Commerce in accordance with Resolution 2012-097,for the purpose of implementing a fish enhancement program. Vik CITY OF SEWARD,ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2013- 05 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD,ALASKA, TRANSFERRING$37,500 OF 2012 RAW FISH TAX RECEIPTS TO THE SEWARD CHAMBER OF COMMERCE TO PURCHASE AND REAR COHO SALMON SMOLTS WHEREAS, on December 10, 2012 the Seward City Council's Resolution 2012-097 allocated up to$51,000 of the 2012 Raw Fish tax to be spent for fisheries enhancement purposes; and WHEREAS,the Seward Chamber of Commerce has submitted a plan to purchase and raise 75,000 Coho salmon smolts to be released in June 2015; and WHEREAS, the Chamber of Commerce, through programs implemented in association with the Seward Silver Salmon Derby, is recognized as having been the primary local agency for fish enhancement purposes; and WHEREAS, at the Chamber of Commerce Board meeting on September 26th, 2013 the Seward Chamber Board unanimously approved supporting this resolution; and WHEREAS,with their record of success and as the City's economic development partner, the Seward Chamber of Commerce is the logical entity to implement salmon enhancement projects on behalf of the City; and WHEREAS, the Chamber has a proposal for Cook Inlet Aquaculture Association's Trail Lakes Hatchery to rear and release 75,000 Coho smolt for a total cost of $37,500; and WHEREAS, the Seward Chamber of Commerce has historically partnered with the Cook Inlet Aquaculture Association on this type of project. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD of THE CITY OF SEWARD, ALASKA that: Section 1. $37,500 from account 101-1 191-5790 is authorized to be paid to the Seward Chamber of Commerce for the purpose of implementing the Cooperative Agreement between Cook Inlet Aquaculture Association and the Seward Chamber, attached hereto and incorporated by reference. Section 2. This resolution shall take effect immediately. laa, okroe PORT AND COMMERCE ADVISORY BOARD Of the CITY OF SEWARD,ALASKA RESOLUTION 2013-05 PASSED AND APPROVED the Port and Commerce Advisory Board of the City of Seward, Alaska, this 2"d day of October 2013. PORT AND COMMERCE ADVISORY BOARD Deborah Altermatt, Chair AYES: Oliver, Linville, Fink, Hughes, Altermatt NOES: None ABSENT: Jaffa, Schaefermeyer ABSTAIN: None \LG ..n Seward com Seward Chamber of Commerce Conference and Visitors Bureau Mack Funk, Harbor Master 20 September 2013 City of Seward PO Box 167 Seward, AK 99664 Seward Chamber of Commerce, CVB Fish Enhancement Project Proposal The Seward Chamber of Commerce, CVB proposes that the 2013 percentage of Raw Fish Tax collected by the City and designated for Fish Restoration projects within the Seward community be used to purchase 75,000 Coho smolt to be reared by Cook Inlet Aquaculture Association (CIAA) at the Trail Lake Hatchery for release in 2015. The Seward Chamber has entered into a cooperative agreement with CIAA and has agreed to purchase the smolt for $37,500.00. (Please see attached contract for purpose and covenants). Although the Seward Chamber of Commerce, CVB has agreed to scheduled payments, we would like to propose that we accept the full amount of $37,500 from the City of Seward before the end of the calendar year. The SCOC will deposit the Fish Enhancement funds into our Fish Restoration savings account at First National Bank, Seward Branch. Further, as Executive Director of the Seward Chamber of Commerce, CVB; Cindy Clock will include smolt rearing program updates in her reports to both the Port & Commerce Advisory Board and the City Council. Cindy Clock, Executive Director - Seward Chamber of Commerce, CVB 907 224-8051 director@seward.net Seward Chamber of Commerce PO Box 749 Seward, Alaska 99664 \L 1 s„ COOPERATIVE AGREEMENT BETWEEN COOK INLET AQUACULTURE ASSOCIATION 40610 KALIFORNSKY BEACH ROAD KENAI, ALASKA 99611 AND SEWARD CHAMBER OF COMMERCE, CVB BOX 740, 2001 SEWARD HWY SEWARD, AK 99664 FOR CONTRACT REARING OF COHO SALMON SMOLTS (BY13) This Agreement is between Cook Inlet Aquaculture Association (CIAA), and the Seward Chamber of Commerce. I. PURPOSE OF AGREEMENT The Seward Chamber of Commerce vOshes to, on a cost basis, contract with CIAA for it to rear 75,000 BY13 coho salmon smlts (Bear Lake stock) (the "Bear Lake Coho") at its Trail Lakes Hatchery facility between October 15, 2013 and June 30, 2015 for remote release near Seward. The Seward Chamber of Commerce agrees to pay the costs incurred by CIAA in rearing and raising the Bear Lake Coho and to provide support to CIAA. II. COVENANTS OF COOK INLET AQUACULTURE ASSOCIATION CIAA agrees: 1 . To collect sufficient eggs from the adult coho salmon return to Bear Lake in 2013 in order to incubate, rear, and release 75,000 coho salmon smolt. 2. To screen all returning adults used as broodstock for virology and bacteriology via family tracking method. CIAA will only use gametes from negatively tested broodstock for rearing and stocking. 110776-000-00073999;1) 1 5 ■•lood 3. Be responsible for all permits associated with operation of Trail Lakes Hatchery and the collection, incubation, rearing, and release of the Bear Lake Coho. 4. Transport the Bear Lake Coho for remote release. CIAA currently has a fish transport permit for the release of coho salmon smolt to Bear Creek (Seward). 5. Be responsible for all aspects of fish incubation, rearing, and stocking including thermal marking, feeding fish, and transport. 6. Provide updates in regards to number and fish size at the following intervals: a) Collection of gametes b) After egg-picking at the eyed stage c) At fry swim-up d) Every quarter after fry swim-up (July 1, October 1, January 1, April 1) and e) at final stocking as smolt. III. COVENANTS OF THE SEWARD CHAMBER OF COMMERCE Seward Chamber of Commerce agrees: `1410 1. To pay CIAA's costs associated with the Bear Lake Coho from rearing to stocking in an amount not to exceed $37,500. Payment will be allocated as follows: a) $7,500 due at the time of signing of this contract, b) $10,000 due at the time of fry swim-up (estimated March 1, 2014), and c) $20,000 due at the time of stocking (estimated June 1, 2015). 2. Provide CIAA access to adult coho salmon returns collected at the Seward Silver Salmon Derby for otolith collection in 2016. 3. If this Agreement is terminated prior to the release of the coho salmon smolt, the Seward Chamber of Commerce agrees to pay the costs incurred by CIAA up to the date of termination on a pro-rated basis. IV. MUTUAL CONVENANTS: 1. Nothing in this Agreement shall be construed to imply any relationship between its continuation or renewal and any and all licenses and permits issued by CIAA and Seward Chamber of Commerce. *quid (10776-000-00073999;1} 2 `co liow 2. Each party agrees that it will be responsible for its own acts and omissions including those of its officers, agents, and employees, and each party shall indemnify, defend, and hold harmless the other, to the maximum extent allowed by law, from any claim of, or liability for error, omission, or negligent act of whatever kind, including attorney fees, for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the terms of this agreement. 3. Each party will comply with all applicable laws, regulations, and executive orders, including but not limited to those related to Equal Employment Opportunity. 4. Nothing herein is intended to conflict with Federal, State, or local laws or regulations. If there are conflicts, this Agreement will be amended at the first opportunity to bring it into conformance with conflicting laws and/or regulations. 5. Upon termination of this Agreement any equipment purchased for furtherance of this agreement will be returned to the agency of initial purchase. 6. The effective date of this Agreement shall be October 15, 2013 and it will terminate on June 30, 2015. However, either party may terminate its participation in this agreement by providing written notice to the other party 30 days in advance of the date '%•..- on which its termination becomes effective. The Seward Chamber of Commerce will be responsible for all costs incurred by CIAA up to the termination date (pro-rated). 7. Extension or modifiqation of this agreement may be granted if agreed t in writing by both parties. However, the Seward Chamber of Commerce acknowledges that any extension or continuation of this Agreement for subsequent brood years must be agreed upon by September 1 of each year in order to allow CIAA sufficient time to retain the appropriate number of returning adult coho salmon to Bear Creek Weir. 8. This Agreement is governed by the laws of the State of Alaska. All actions concerning this agreement shall be brought in the Superior Court of the State of Alaska, third judicial district at Anchorage. 14...., (10776-000-00073999;1} 3 \A—) V. SIGNATORIES The parties hereby agree to the terms and conditions set forth above. Seward Chamber of Commerce Cook Inlet Aquaculture Association ;n d/L'/C Cindy Clock Gary Fandf Director Executive Director Date Dat NINO (10776-000-00073999;1) 4 *40w Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE 2012 GENERAL FUND BUDGET FOR RAW FISH TAX PROCEEDS, AND APPROPRIATING FUNDS WHEREAS, the Seward City Council authorized transfer of 100% of the raw fish tax proceeds from the General Fund to the Harbor Enterprise Fund in 2010 ($302,261.97) and 2011 ($599,451.41), for the purpose of developing a revenue source to assist the harbor with replacement of critical,capital infrastructure which was nearing the end of its useful life; and WHEREAS, the 2012 budget anticipated receiving $320,000 in raw fish tax proceeds and transferring that amount from the General Fund to the Harbor Enterprise Fund, with actual fish tax proceeds in 2012 amounting to $519,688.98 for a surplus of$199,688.98; and WHEREAS, the Harbor Enterprise Fund implemented a new Capital Repair and Replacement Fee in 2011, intended solely to fund major maintenance and repair of harbor infrastructure, recognizing however that this revenue source alone is not sufficient to address the Harbor's infrastructure needs; and 1411■•• how WHEREAS, the administration recommends allocating the $199,688.98 excess raw fish tax proceeds in 2012 'for two purposes; first, 10% of the overall raw fish tax proceeds for 2012 be available for the purpose of salmon enhancement in Resurrection Bay to improve future fish runs, in the amount of $51,000, with the remaining $144,688.98 available to fund general government infrastructure, since the General Fund lacks a source of revenue to pay for a growing list of capital repair and replacement needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. General Fund raw fish tax budgeted revenues are hereby increased to account 101-0000-4350-0130 by $199,688.98; transfers-out from the General Fund (101-0000- 3071-0103) to the Capital Acquisition Fund (103-0000-3070-0101) are hereby increased by $144,688.98; and contributions to salmon enhancement in Resurrection Bay are hereby appropriated in the amount of$51,000 to account 101-1191-5790. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of December 2012. CITY OF SEWARD,ALASKA RESOLUTION 2012-097 `■.•d THE CITY OF SEWARD, ALASKA David Seawar-a, or AYES: Valdatta,Bardarson, Keil, Shafer, Casagranda,Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: iohanna K ey, CMC City Clerk (City Seal) %;:m 0.F....... • • 7,, • SEAL i • 0 S. °VP)" . ...... . F .01 „as Council Agenda Statement *titisr e Meeting Date; December 10, 2012 CCISrovilli Through: James Hunt, City Manager From: Kristin Erchinger, Finance Director Vilki Agenda Item: Appropriating 2012 excess shared fisheries business tax for general government capital infrastructure and fish enhancement in Resurrection Bay BACKGROUND & JUSTIFICATION: The City of Seward has received the following allocations of shared fisheries business tax in the past three years: 2010 = $302,261.97; 2011 = $599,451.41; 2012 = $519,688.98. Prior to 2010, the entirety of these tax proceeds accrued to the benefit of the General Fund based on the State of Alaska's established intent of the shared fisheries business tax program. AS 29.60.450 states, in pertinent part, that a municipality may receive a fisheries business tax allocation if the municipality demonstrates that the municipality suffered significant effects from fisheries business activities during the year..."effect"means the result of fisheries business activities on the municipalities, population, employment, finances, air and water quality, fish and wildlife habitats, and ability to provide essential public services including health care, public safety, education,transportation,marine garbage collection and disposal,solid waste disposal,utilities,and government administration." Beginning in 2010 however, a decision was made to allocate shared fisheries business tax proceeds to the Harbor Enterprise Fund's Major Repair and Replacement Fund, to assist that Fund in addressing major capital infrastructure needs. Unfortunately,due to the decline in passengers during the period of economic recession since 2009,the harbor passenger fee revenue source has not been sufficient to pay bonded debt on Harbor debt. Therefore,the shared fisheries business tax proceeds have been used both to help the Harbor cover the debt payment shortfall, as well as contributing to major repair and replacement funding. The General Fund is in a position similar to the Harbor Enterprise Fund,with no identified source of funding to address major repairs and replacement of existing infrastructure such as roads,sidewalks, fire hall repairs, City Hall repairs,parks and recreation warehouse,bike path erosion,etc. In 2012, actual tax proceeds totaled $519,688.98 which is $199,688.98 higher than anticipated in the 2012 budget. Therefore,the administration is recommending that the surplus shared fisheries business tax proceeds be used for two purposes: 1) utilize 10% of the tax proceeds ($51,000) for salmon enhancement in Resurrection Bay;and 2)the remaining$144,688.98 to the Capital Acquisition Fund to address capital repair and replacement needs identified in the General Fund capital budget. INTENT: To allocate excess shared fisheries business tax proceeds to salmon enhancement and general government capital infrastructure needs. The exact use of the salmon enhancement proceeds has yet to be determined,and these funds will be reserved until the City Council provides specific direction as to the specific use of these funds. The capital budget funding will not be appropriated for a specific purpose until the City Council directs the use of those funds. tt51 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other (list): X ATTORNEY REVIEW: _X_Yes No FISCAL NOTE: This resolution amends the 2012 budget. It has no net impact on the General Fund since funding will be split between salmon enhancement efforts in Resurrection Bay,and the Capital Acquisition Fund. Finance Department: ae. RECOMMENDATION: Ocrl City Council approve Resolution 2012- authorizing an increase in the budgeted revenues for shared fisheries business tax, and allocation of those revenues for salmon enhancement efforts and general government infrastructure needs. 'Nrid ■41110 Sponsored by: Hunt %ow CITY OF SEWARD, ALASKA RESOLUTION 2013-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR CUSTODIAL SERVICES TO MERRITT ENTERPRISES WHEREAS, city administration issued a request for proposals for custodial services at a number of city sites including the Teen and Youth Center (TYC), the Rec Room, and the AVTEC student services center; and WHEREAS, the request was properly advertised in a newspaper of local circulation for the required two week period and the city received only one proposal, from Merritt Enterprises; and WHEREAS, Merritt Enterprises' proposal was found to be responsive, and as the city's current custodial contractor for these same locations, Merritt has continually provided quality service to the city for more than a decade; and WHEREAS, the contract will be let for a term of three years with two optional one-year extensions; and WHEREAS, the Parks and Recreation Department recommends this contract based upon quality service, the flexibility of the contractor and a valuable service at a good price to the taxpayers of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into contract in an amount of $43,230 per year with Merritt Enterprises for specified custodial services, for a term of three years, from October 15, 2013 until December 31, 2016 with two optional one-year extension options. 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 14th day of October, 2013. I Agenda Statement 411'4 of Slegkit 'toad Meeting Date: October 14, 2013 6*, ;14 To: City Manager, James Hunt 414-41V-P From: Karin Sturdy, Parks & Recreation Director Agenda Item: Custodial Services for Parks and Recreation Sites BACKGROUND & JUSTIFICATION: At the conclusion of the previous, five-year custodial contract, the City of Seward properly advertised a request for proposals [RFP] to provide custodial services to various City sites, including the teen and youth center (TYC), the Rec Room (former museum), and the AVTEC Student Services Center (SSC). The City provides custodial services for the Student Services Center as part of the exchange for the ability of the public to utilize the building. Merritt Enterprises, the City's current custodial contractor for these sites, submitted the only proposal, and their proposal was found to be responsive. Though the public availability to the AVTEC SSC, Gym, has been reduced according to the most recent AVTEC-City negotiations, the City remains obliged to cleaning the lower level. Those cleaning checklists are included as part of the contract. This information was part of the original RFP. Merritt Enterprises has provided quality service to the City for over a decade. This contract will be for a period of three years, with two one-year options to extend, at the city manager's „tad discretion, so long as any increases in the contract amount during the period of extension, do not exceed the consumer price index. The parks and recreation department recommends this contract based upon quality service, the flexibility of the contractor and a valuable service at a good price to the taxpayer. Payment will be $3,602.50 each month, or an annual amount of$43,230.00 INTENT: The intent of this contract is to provide required custodial services in a cost-effective and proficient manner. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: X 2 Strategic Plan: Page 3 "diverse economy; indoor recreation; Page 12 X indoor and outdoor recreation" 3 Other: X FISCAL NOTE: Custodial contract and Equipment Credit funding for the balance of 2013 was approved in the 2012/2013 budget. Approved by Finance Department: 074 Pej. \S4:\ ATTORNEY REVIEW: Yes X No Both AMLJIA and the City Attorney reviewed the draft contract which was included in the RFP. Only minor changes were made from previous contracts and have been included within the attached, signed contract. RECOMMENDATION: City Council approve Resolution 2013 -°-1/ awarding a three year contract to Judy Merritt, d.b.a. Merritt Enterprises for custodial services in parks and recreation sites, TYC, the Rec Room and AVTED Student Services building, per the attached contract for an amount not to exceed of$43,230.00. \5.s Gustolimial Contract, TO PROVIDE CUSTODIAL SERVICES FOR THE CITY OF SEWARD PARKS & RECREATION DEPARTMENT September 24, 2013 0c sely 151 Index Item Description Page 1. Definitions 2 2. Description of Work 2, and Appendices AA, BB & CC 3. Staffing 2 4. Regulations 2-3 5. Work Plan 3 6. Insurance 3 - 5 7. Length&Content of Contract 5 a. Contract Renewal b. Performance Evaluation, Monitoring Requirements c.Termination 8. Hold Harmless 5 9. Performance Bond 6 10. Contractor's Compensation 6 11. City Contact Person 6 12. No Assignment 7 13. Governing Law 7 Appendix AA 8—9 Appendix BB 10 Appendix CC 11 — 12 'INS S CUSTODIAL CONTRACT CITY OF SEWARD,ALASKA irione 1.DEFINITIONS In this contract the terms have the following meaning: CITY: City of Seward,Alaska SPRD: Seward Parks and Recreation Department OPERATOR: TBD AVTEC: Alaska Vocational Technical College in Seward,Alaska SSC: AVTEC's Student Services Center TYC: Teen&Youth Center, a Division of SPRD S&R Sports&Recreation, a Division of SPRD RR Rec Room,middle level of the Community Center,a Division of SPRD DIVISION LEADER: Seward Parks&Rec staff who are responsible for and leading their Division of the Department.Division Leaders are Maggie Wilkins, TYC and Joni Welchans, S&R at AVTEC's SSC, Shari Adelmann, Rec Room. 2.DESCRIPTION OF WORK The work consists of custodial services at the following locations within the City: A. AVTEC Student Services Center (SSC), 519 4th Avenue, Downstairs (Appendix AA) * All tasks noted"SPRD will..."will be the OPERATOR's responsibility. B. Seward Teen&Youth Center(TYC), Corner of 3rd Avenue&Jefferson Streets(Appendix BB) C. Rec Room, Corner of 3rd Avenue&Jefferson Streets,middle level(Appendix CC) The OPERATOR will provide services from September 15, 2013 through December 31, 2016. Hours of service are based upon convenient, appropriate times during closed hours. The OPERATOR will insure safe, appropriate, timely entrance and departure from each site. The work site will provide cleaning supplies and tools as described within the specific appendices. The OPERATOR will submit to SPRD reports necessary to provide custodial services and building security and/or maintenance as needed and described within the appendices. 3.STAFFING OPERATER is an independent contractor and is not an employee or agent of the City. If employees are to be hired by the OPERATOR, they will be trained by the OPERATOR to conduct themselves in a friendly, professional manner, and be properly attired and equipped to perform duties. (See item 6. A. And item 7. B. below, related to the use of employees or assistants.) OPERATOR is responsible for hiring, training and supervising all its employees. 4.REGULATIONS All rules and regulations of the following agencies will be upheld and enforced at all times: Federal law, OSHA standards and requirements, Alaska State law, Seward City Code, AVTEC regulations and rules, and SPRD regulations and rules. The City (and AVTEC) and its agents shall retain authority to enter on the properties at any time to perform an inspection of facilities,maintenance,or other matters deemed necessary by the City. The use of the facilities, City-owned equipment and/or State-owned equipment shall not be \ow- 2 allowed for any purpose other than the performance of the custodial duties. No person other than a designated agent of the OPERATOR shall be allowed access to any facility or equipment. 5.WORK PLAN ftad A. Schedule of operations 1. TYC : Monday through Friday, est 6:00 am until 10:00 am(schedule will vary) 2. AVTEC : Monday through Friday, est 12:00 midnight until 8:00 am(schedule will vary) *Time Schedules may change by mutual agreement *Special projects may be accomplished on Saturdays and Sundays. B.Report and monitor progress and performance to the City 1. The OPERATOR will submit a weekly list of accomplished duties. The list will include items which were addressed daily. Checklist will be submitted to the Division Leader at each site on Monday. 2. OPERATOR will track and schedule a quarterly"walk-through" inspection at each site with the Division Leader identified in Section 11. Written notes will be recorded by the Operator and Division Leader. 3. Performance goals will submitted in writing to each site Division Leader. 6.INSURANCE The OPERATOR shall purchase and maintain the following insurance(s)during the term of the contract: A. Workers' Compensation Employer's Liability Workers' compensation and Occupational Disability Insurance in compliance with all state federal regulations in the jurisdiction where the work is to be performed, including the following special coverage extensions: 1. Employer's Liability coverage with limits of not less than: a. --$1,000,000/accident b. --$1,000,000/disease c. --$1,000,000/policy limit d. Any policy of insurance must contain a provision or endorsement providing that the insurer's rights of subrogation against the City of Seward and its employees are waived. Nod 3 1� � B. Comprehensive General Liability Insurance 1. Comprehensive General Liability Insurance with limits of: --$1,000,000/person and $1,000,000/occurrence for bodily injury, sickness or death, and $1,000,000 per occurrence for damage to property or $1,000,000 per occurrence combined single limit for bodily injury and property damage; or Commercial General Liability Insurance with limits of: --$1,000,000 General Aggregate Limit(Other than Products-Completed Operations) --$1,000,000 Products-Completed Operations Aggregate Limit —$1,000,000 Personal and Advertising Injury Limit --$1,000,000 Each Occurrence Limit 2. Including the following coverage: a. Contractual Liability covering the liability assumed in the contract b. Deletion of any exclusion for explosion, collapse and underground damage. 3. Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: a. City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by OPERATOR of City of Seward. b. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. c. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. �r. C. Automobile Liability(All owned,hired and non-owned vehicles- $1,000,000 combined single limit each occurrence for bodily injury and property damage.) 1. Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (a) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by OPERATOR or City. (b) Insurer waives all rights of subrogation against City of Seward and its employees and elected officials. (c) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Prior to commencement of any work under this contract by the OPERATOR or any of its subcontractors, OPERATOR will provide the City with certificates of insurance, with endorsement, evidencing that OPERATOR and its subcontractors are in compliance with all of the above requirements. Said certificates will provide that the City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. Upon request, OPERATOR shall permit the City to examine any of the insurance policies specified herein. 4 wimsessimmossmso■ Any deductibles or exclusions in coverage will be assumed by the OPERATOR, for account of and at the sole risk of the OPERATOR. The minimum amounts and types of insurance provided by the Contractor shall be subject to `vial revision at the City's request in order to provide continuously throughout the term of the contract and any extension hereof, a level of protection consistent with good business practice and accepted standard of the industry. Such factors as increases in the cost of living, inflationary pressures, new risk and other conditions shall be utilized in assessing whether the minimum insurance requirements should be increased or changed from the types and amounts noted above. 7. LENGTH AND CONTENT OF CONTRACT The term of this contract shall be August 19, 2013 through December 31, 2016. The City Manager may authorize an extension through August 18, 2018 if the City is satisfied with OPERATOR's performance. The City Manager will notify OPERATOR in writing prior to December 31, 2016 of the City's authorization of an extended term. The OPERATOR will respond within 14 days of the Manager's notice, in writing, agreeing to the extended term or the contract will expire on December 31, 2016. No extensions to the five year contract are allowed. Per Code, Requests for Proposals for Custodial care shall be opened to the business community during the 2016 year. A. Contract Monitoring / Performance Evaluation: The requirements of the contract shall be monitored through the parks and recreation department, based on informal and formal inspections, public comments and reports from AVTEC administration. Performance evaluation shall be conducted as in Item 5. B., above and an annual assessment will be made by department staff on or around January 15,of each year. B. The OPERATOR shall obtain and maintain, throughout the term of this contract, State of Alaska and City of Seward business licenses, and shall remain compliant with the tax requirements of the Kenai Peninsula Borough. 'Nod C. The OPERATOR will submit self-obtained Criminal History Record(s) for all staff to be in the buildings prior to work. D. Contract Termination 1. Contract may be terminated: (a)immediately, for cause; (b)by the City of Seward for its convenience upon thirty(30)calendar days written notice to the Contractor; (c)by the Contractor upon thirty(30)calendar days written notice to the City of Seward; (d)by mutual agreement by both parties. 8.HOLD HARMLESS The OPERATOR is an independent contractor and not an agent or employee of the City for the purpose of the content and the specific job. The OPERATOR shall indemnify and hold harmless the City for any loss, claim, or action to which the OPERATOR may cause by reason of any act or omission of the OPERATOR except for damages caused by or resulting from the sole negligence of the City, its agents or employees. 41110 5 \ 60 10.CONTRACTOR'S CONPENSATION A. The OPERATOR shall be entitled to receive as compensation for the services rendered. A fee will be paid once per month, in the amount of $4,950.00 based upon the completion of the requested work for sites a,b,and c of Section 2. B. The OPERATOR shall supply the City an accurate record of service performed in the form of an invoice, submitted every month. 11.CITY CONTACT PERSON(S) When dealing with day-to-day operations and matters, the OPERATOR shall contact the SPRD Division Leader responsible for the building: S&R at AVTEC SSC Jori Welchans, Sports &Recreation Coordinator: 224-4054 iwelchancityofseward.net Tuesday to Saturday,2:00 pm to 10:00 pm (Alternate phone: 224-4006 FAX: 224-4051 Teen&Youth Center Maggie Wilkins, Teen&Youth Center Coordinator: 224-5472 mwilkinsa,cityofseward.net Monday to Friday,2:30 pm to 10:30 pm (Alternate phone: 224-3301 FAX: 224-2745 or ext. 4051) Rec Room Shari Adelmann,Programs Supervisor: 224-4057 sadelmann( cityofseward.net Monday to Friday, 10: am to 6:00 pm (Alternate phone: 224-4011 FAX: 224-2745 or ext. Any further questions or concerns regarding this contract shall be directed to: Karin Sturdy, Director Seward Parks &Recreation Department,City of Seward P.O. Box 167 Seward,Alaska 99664-0167 Phone: (907)224-4053 Fax: (907)224-4051 ksturd ci ofseward.net *air 6 (0\ 12.NO ASSIGNMENT The OPERATOR was selected based on its qualifications and this agreement shall not be assigned without ■000 the prior approval of the City. 13.GOVERNING LAW This Contract is governed by the laws of the State of Alaska and such federal and local laws and ordinances as are applicable to the work performed. IN WITNESS WHEREOF,the parties have set their hands and seals on the 231-d day of September , 2013. /Th 41, • Judy hirrri , dba J. el"unt Merritt Enterprises / City Manager City of Seward, Alaska ATTEST: Nied Johanna Kinney City Clerk 7 Co-D APPENDIX AA CUSTODIAL REQUIREMENTS The City of Seward is responsible for: Custodial duties according to specifications set for the Alaska Vocational Technical Center's Student Services Center `• Facility.These duties are as follows: • Schedule and perform appropriate custodial • Unlock doors for public use duties • Survey problems at end of shift • Inventory and order,as necessary,custodial • Inspect each room for cleanliness at end of supplies and equipment shift • Report maintenance and repair to supervisor • Performs other duties as needed or assigned (or contractor) • Meet with supervisor monthly Please Note:Call dorm attendant upon entering and exiting the building. A. DAILY DUTIES: Locker Rooms: Vestibules: • Check paper dispensers • Vacuum • Clean and sanitize sinks • Clean windows&sills • Clean and sanitize toilets • Empty trash Hallways: • Scrub shower • Sweep or vacuum • Vacuum/sweep,mop • Mop(daily in winter) • Spray deodorant • Empty trash • Clean mirrors • Remove graffiti and marks,etc. Game Room: Lobby: • Empty trash • Sweep/vacuum/mop • Sweep,mop,spot-mop stains • Dust • Dust • Empty trash • Remove graffiti,etc. • Vacuum rugs ivRacquetball Court: Crafts,Ceramics Room: • Sweep • Sweep/mop • Remove marks on floor&walls • Empty trash • Remove stains Gym: • Clean&dust surfaces,sinks&tables • Sweep floor&bleachers (especially after each class) • Remove gum,graffiti,and marks from bleachers&floors Janitor's Closet/Storage: • Clean and sanitize faucets&sinks • Keep work area clean and organized Checkout Area&Office: Outdoor Ash Trays: • Sweep • Empty and clean daily,and as needed • Empty trash As time allows: • Remove marks from floor Clean door handles • Vacuum carpeted areas • Remove stains •Weight room: • Treat doors • Sweep • Clean racquetball courts and walls • Dust&clean weights and equipment • Sanitize all seating areas and handles -Cont'd- r 8 B. BI-WEEKLY DUTIES: Locker Rooms,Sauna&Restroom: Weight Room: • Polish chrome and stainless pieces • Scrub/mop floors • Sanitize stall walls&doors • Change AVTEC-provided light bulbs as needed • Change AVTEC-provided light bulbs as needed Racquetball Court: SPRD Office,Check-out Area,Hallways,North • Clean windows and doors or as needed Vestibule,Lobby,Craft Room,Custodial • Clean floor Closet: • Change AVTEC-provided light bulbs as needed C. WEEKLY DUTIES: Locker Rooms: Hallways: • Clean lockers inside and out • Mop(weekly in summer)-spot mop • Mop using strong detergent Weight Room: • Clean ceramic walls • Clean mirror • Check &refill soap dispensers • Polish stainless& chrome • Hose floors Check-out Area: Gym: • Mop twice(2)weekly • Mop twice(2)weekly Janitor's Closet/Storage: • Mop and clean D. SUMMER/CHRISTMAS BREAKS: Locker Rooms: • Scrub windows&sills inside and out up to • Clean men's/women's lockers,walls,and ceiling showers • Empty lockers then clean;sanitize,and dry Hallway: • Clean grout Game Room: • Wash snack bar area • Wash grout • Wash walls Lobby: • Shampoo carpets Racquetball Court: • Clean grout with appropriate cleaners • Clean walls/windows up to ceiling Crafts/Ceramics Room: Gym: • Scrub and buff floors • Scrub and buff floor • Scrub walls • 'Mop and wax bleachers&backboards Janitor's Closet&Storage: Weight Room: • Scrub floor • Scrub floor well • Empty and re-organize • Scrub base of machines • Clean shelves • Sanitize&clean tools,wash basin,etc. Vestibules: • Clean carpets AS NEEDED: SPRD: • Replace lights and light bulbs in the • Shovel the two,east-to-west walkways gymnasium,racquetball court,south AVTEC: vestibule/lobby,and the game room • Maintain and clear the 4th Avenue north-to- south sidewalk NOTE:The kitchen and snack room were deleted from the list on May 2,2003,per conversation between Ben Ikerd and Karin Sturdy.AVTEC has created a locked,security gate,and has agreed to clean the snack room on its own. 9 OA APPENDIX BB CUSTODIAL REQUIREMENTS The City of Seward is responsible for: Custodial duties according to specifications set for the Seward Teen&Youth Center.These duties are as follows: DAILY DUTIES: A. Restrooms: • Sanitize,clean,toilets,sinks,urinals • Remove stains from walls and partitions • Replace paper products • Mop floors and remove stains • Empty trash B. Clean all glass and chrome areas with appropriate spray cleaners including: • Partitions in computer room • Screens on all TV sets • Barstools C. Vacuum all carpeted areas-use carpet cleaner as needed on spots D. Dust or wash furniture,window sills,etc. E. Keep custodial closet clean and organized F. Maintain floor drain G. Keep a supply list of cleaning items needed H. Notify TYC Coordinator if low on supplies I. Complete a maintenance report form for any noted damage and forward to TYC Coordinator WEEKLY DUTIES: A. Mondays: • Wash windows and front door B. Tuesdays&Thursdays AND as needed: • Mop non-carpeted floors • Scrub black marks off floor using degreaser C. Monday,Wednesday,and Friday AND as needed: • Wash heater registers and window sills • Spot clean walls,light switches,miscellany,etc. QUARTERLY: A. Steam clean carpets and upholstery B. Wash outside windows C. Wax non-carpeted floors NOTE:Wear rubber gloves and follow proper safety procedures while using chemicals and cleaners. %sr 10 APPENDIX CC CUSTODIAL REQUIREMENTS Rec Room Custodial: Custodial duties according to specifications set for the Recreation(Rec Room)floor are as follows: • Schedule and perform appropriate supervisor(or contractor) custodial duties • Meet with supervisor monthly • Inventor and orders as necessary, • Survey problems at end of shift janitorial supplies and equipment • Inspect each room for cleanliness at end • Report maintenance and repair to of shift. A. DAILY DUTIES: Restrooms: Lobby: • Sanitize,clean,toilets,sinks,urinals • Sweep/vacuum/mop as needed • Remove stains from walls and partitions • Dust • Replace paper products • Empty trash • Mop floors and remove stains • Vacuum rugs • Report any damage or non-functioning equipment to SPRD daily Janitor's Closet/Storage: • Keep work area clean and organized Checkout Area&Office: • Sweep As time allows: • Remove marks from floor • Clean door handles • Vacuum carpeted areas • Remove stains • Empty trash • Treat doors • Clean walls B. BI-WEEKLY DUTIES: Restrooms: • Polish chrome and stainless pieces SPRD Offices&Check-out: • Sanitize stall walls&doors • Change light bulbs as needed • Change light bulbs as needed C. WEEKLY DUTIES: Main floor Rec Room: Check-out Area: • Mop twice(2)weekly • Mop twice(2)weekly Hallways: Janitor's Closet/Storage: • Mop(weekly in summer),spot mop as • Mop and clean needed • Dispose of old or smelly cleaning products or supplies -Cont'd- 11 I(b D.TWICE PER YEAR: Main floor: Lobby: • Scrub and buff floor • Shampoo carpets • Mop and wax • Scrub and buff floor • Mop and wax Vestibules: • Clean carpets Janitor's Closet/Storage: • Scrub windows&sills inside and out up to • Scrub floor ceiling • Empty and re-organize • Clean shelves • Clean and sanitize tools,wash basin,etc. E. ONCE EVERY TWO YEARS: Restrooms: • Repaint painted walls NO'T'E: The kitchen and(would-be)snack room will be cleaned and sanitized by SPRD staff. 1 2 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2013-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND CORRECTING THE 2013 OPERATING BUDGET FOR THE SMALL BOAT HARBOR TO ACCOUNT FOR INCREASED ELECTRICAL COSTS DUE TO HARBOR EXPANSION WHEREAS,during the past seven years the Seward Small Boat Harbor has expanded to the south and to the east; and WHEREAS,the addition of new moorage slips has also significantly increased the harbor's electrical power purchases; and WHEREAS,the harbor's power purchases are reimbursed by customer electrical purchases; and WHEREAS,the 2013 budget requires an adjustment in order to fully account for projected power purchases by the Small Boat Harbor. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. An additional amount of$106,000 from Harbor Reserves account no. 401-000- 3050 be transferred to the Harbor Electrical Power for Resale Account no. 401-4200-5320, to account for the cumulative effect of two years: additional 2012($26,000)and 2013($80,000)power costs. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of October 2013. ,(oCb Agenda Statement e4of Slegt, Meeting Date: October 14, 2013 4V1744 fq7 411W., To: City Council f\ Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Harbor Budget Adjustment for Electrical BACKGROUND & JUSTIFICATION: In August 2013, the Finance Department discovered the fact that the electrical usage at Z Float had been estimated for the past two years(see attachment). Apparently,the electric meter was locked up inside a cabinet and the meter reader estimated the usage. The result was a bill on August 17 in the amount of$51,543.67. The mistake was factored in to the 2014-2015 Harbor budget proposal,but it will also be necessary to adjust the 2013 budget appropriations. The Harbor Electrical budget appears to have been significantly underfunded: Power for Resale Expense Account no. 401-4200-5320 Year Budget Actual 1%ise 2011 $176,400 $192,946 2012 $190,000 $243,731 2013 $196,000 $276,000 est. The harbor has significantly expanded the number of slips over the past few years, with the south harbor expansion and the addition of Z float. In fact, Z float was completed just at the time of the last City biennial budget for 2012-2013. For that reason, it was difficult to project the amount of usage and particularly how much electricity would be consumed. Z float is used by tugs and work boats that consume large amounts of electricity. It is requested that an additional amount of$106,000 from Harbor Reserves account no. 401-000- 3050 be transferred to the Harbor Electrical Power for Resale Account no. 401-4200-5320, to account for the cumulative effect of two years: additional 2012 ($26,000)and 2013 ($80,000)power costs. INTENT: The intent is to correct the Harbor electrical budget appropriation for 2013 to account for both 2012 and 2013. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X (<3 imasoof - 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: With the discovery of the billing error on Z float a budget adjustment is required. The proposed 2014 and 2015 budgets include the expected costs, but the 2013 budget needs to be adjusted to account for cost overruns for both 2012 and 2013. Approved by Finance Department: 4)1i..,1149 ATTORNEY REVIEW: Yes No X RECOMMENDATION: ocle) Council approve Resolution 2013- correcting the 2013 Harbor budget. ',sad '4400 b SEWARD PUBLIC UTILITIES katwood C U S T O M E R D E T A I L E D L I S T I N G 09/04/2013 08:50:12 Pagel Account : 40090469 00 CITY OF SEWARD Z FLOAT MASTER MTR ZONE 1 SEWARD Cycle 1 Ten/Own 0 Address 1 : PO BOX 167 Route 170 2 Walk 1212 City/State : SEWARD AK Zip Code : 99664-0167 ELECTRICITY Service Type : E Elec Str. Date : 08/04/2011 End Date : Last Read : 08/17/2013 Due Date : 09/20/2013 Cent Mtr : N Inact From: Inact To : Interest : N Code Bill Copies : 0 Category : 40 E Hbr Power Final Pend : Mtr Loc. : Last Billed : 08/31/2013 Dep Req : 0.00 Lst 0th Bill : 8 Fl Deposits to Collect: 0.00 Disc. Date: Primary Line : N Trans Loc : 000000 Trans Allow: N Trans Loss: N Sery Cable: Sery Type:O Bill Code:19 Flat Qty Flat Cons : Meter Side: S Heat Srce : X Large User : N Time of Use: N Serv. Ent : Serv. Siz Living Units: 1 ELECTRIC USAGE Read Date Days BillType Usage Avg/Day Amount Billed 08/17/2013 34 Regular 266240.00 7830.588 51543.67 07/14/2013 30 Estimate 14360.00 478.567 06/14/2013 30 Estimate 14360.00 478.667 3035.69 05/15/2013 30 Estimate 14360.00 2736.13 2736.13 04/15/2013 31 Estimate 14840.00 478.710 2940.10 03/15/2013 28 Estimate 13400.00 478.571 2590.11 II 02/15/2013 31 Estimate 14840.00 478.710 2710.31 01/15/2013 ' 31 Estimate 14840.00 478.710 2705.97 12/15/2012 30 Estimate 14360.00 478.667 2826.47 11/15/2012 32 Estimate 15320.00 478.750 2972.71 --- - 10/14/2012 30 Estimate 14360.00 478.667 3106.57 1 09/14/2012 29 Estimate 13880.00 478.621 2940.22 .-.J 08/16/2012 30 Estimate 14360.00 478.667 2832.47 tl _0 07/17/2012 33 Estimate 15800.00 478.788 3053.26 06/14/2012 31 Estimate 14840.00 478.710 2727.24 05/14/2012 31 Estimate 14840.00 478.710 2727.24 04/13/2012 29 Estimate 13880.00 478.621 2698.44 03/15/2012 30 Estimate 14360.00 478.667 2827.20 02/14/2012 31 Estimate 14840.00 478.710 2908.03 29 Estimate 13880.00 478.621 12/16/2011 33 Estimate 15800.00 478.788 2872.01 11/13/2011 32 Regular 15320.00 478.750 2980.60 • 10/12/2011 28 Regular 1320.00 47.143 286.63 09/14/2011 41 First 0.00 0.000 45.21 • Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2013-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT CHANGE ORDER WITH HARMON CONSTRUCTION FOR ASBESTOS ABATEMENT IN THE HARBOR RESTROOMS IN THE AMOUNT OF $36,000 AND APPROPRIATING FUNDS WHEREAS,the City of Seward received a legislative grant in the amount of$130,000 for Harbor Restrooms Improvements; and WHEREAS, after a competitive process, Harmon Construction submitted a design build proposal for the Harbor Restrooms Improvements; and WHEREAS, the City Council previously approved the project on July 8, 2013; and WHEREAS,one provision of the contract required an inspection for asbestos and lead paint. The contract stated that after the inspection report was evaluated,the City would ask the contractor to solicit abatement services. The contractor,Harmon,recommended CEI, Central Environmental, Inc. be hired to perform the required services in the amount of$36,000. 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 change order with Harmon Construction for the Harbor Restrooms Asbestos Abatement in the amount of$36,000. Section 2. In addition to $10,500 available from the project contingency fund, the City Council also authorizes $25,500 from the Commercial Passenger Vessel Fund Account No. 807- 0000-3071-0314 to the Restroom Project Account No. 314-3140-5390. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of October 2014. 1�� Agenda Statement s Meeting Date: October 14, 2013 4.7 • To: City Council 4o* 41-CA—s0 Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Authorize the City Manager to enter into a change order with Harmon Construction for hazard abatement in the Harbor Restrooms in the amount of $36,000 and authorizing funds. BACKGROUND & JUSTIFICATION: The City received a legislative grant from the state in the amount of$130,000 for the purpose of updating the harbor restrooms. These facilities include showers and they are extensively used by all harbor users including cruise ship passengers and the harbor staff. They were originally constructed in the mid-1960's and then remodeled in approximately 1983. In February 2013, architect and engineer consultants were sought to design the new improvements,but no professional consultants responded. So, on May 17, 2013, in accordance with City Code, a Request for Proposals was advertised for design build services. Harmon Construction was hired on July 8, 2013. The construction contract required a survey for asbestos and lead paint. Both hazardous materials were found and before construction work can proceed, abatement is required. The cost of the additional work is $36,000. The amount of the change order exceeds the grant funds available,but staff believes that Commercial Passenger Vessel funds can be used to cover the additional costs. INTENT: Authorize the City Manager to enter into a change order with Harmon Construction for hazard abatement in the Harbor Restrooms Improvements in the amount of$36,000 and authorizing funds. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Continue to add public 1. X amenities and improve the look of the harbor area. Page 24 _ 2 Strategic Plan (document source here): Complete the renovation of the . X Small Boat Harbor. Page 7 3. Other (//st): X Sliar VI; MIMI& FISCAL NOTE: At this point, $10,500 is still available in the project contingency fund. The Commercial Passenger Vessel (CPV) or cruise ship tax funds can only be used for qualified purposes. This will allocate$25,500 from the Commercial Passenger Vessel Tax Fund,to the harbor ... 00 Restroom project. Approved by Finance Department: Mit,9 ATTORNEY REVIEW: Yes No X RECOMMENDATION: 06\ Council approve resolution 2013- Authorizing the City Manager to enter into a change order with Harmon Construction for hazard abatement in Harbor Restrooms in the amount of$36,000 and allocating funds. said '-)L\ -- ` Change ���� HARMON CONSTRUCTION INC �ou���� "�x��� � - ��� �. P.O.BOX 1650 eou.5 PORT AVE. 0nderk 1 |-- osVvano^n9000*-1ono 907'224'7145 Order Date: 09/19/2013 License: 32752 To: CITY OF SEWARD Project: 2013060 PO BOX 1O7 HARBOR RESTROOMS SEWARD AK 99664 The contractor agmootopn�ormandthao�neragmeoto Plans Attached ( pay for the followin changoo0o!hiscon�oct �- Ordered By: Customer Order: Specifications Attached | | Description of Work Amount ABATEMENT 38.000.08 1. GYPSUM WALLBOARD WITH ASBESTOS CONTAINING JOINT COMPOUND FROM MEN'S AND WOMEN'S RESTROOM WALLS AS INDICATED ON THE 35% DRAWINGS. 2. ASBESTOS CONTAINING VINYL SHEETING FROM THE FLOORS OF THE MEN'S AND WOMEN'S RESTROOMS. 3. WINDOW GLAZING THAT CONTAINS ASBESTOS. PLEASE REFER TO WHITE ENVIRONMENTAL CONSULTANTS SURVEY DATED AUGUST 12, 2013. Notes Negative changes will lower the overall contract price requiring no additional payment by owner. Approved Amount of Change 36,000.00 The original Contract Sum was 105.000.00 Net change by previous Change Orders 0.00 The Contract Sum prior to this Change Order 185.000.00 The Contract Sum will be changed by this Change Order 36.000.00 The new Contract Sum including this Change Order will be __...... ....... ........_............ ................... 141.000.00 The Contract Time will be changed by - ......_-......_ ....... 0 Days Approved , Dat- ?-7 Date Contractor ~ � �,� -~�- Owner . .-~ HAZARD ABATEMENT IN RESTROOMS: (A Summary of responses from Harmon Construction 9/'25/2013 to Harbormaster's questions dated 9/20/2013) 1.) Lead paint will be encapsulated. Or abated by Harmon Const. as we are trained for lead abatement. 2.)Asbestos contained in the bathroom enclosure will be abated and disposed of by the abatement subcontractor. Asbestos located outside the bathroom interior will be left intact and undisturbed. 3.) CEI, Central Environmental, Inc. - is the name of the certified abatement contractor. 4.) CEI reports: Yes, we would agree to the conditions of the City's contract in regards to Subcontractors. We can certainly meet the insurance/training requirements. Please give me a call if you have any further questions. Regards, Tali Landau, Estimator CEI bid $31,304.00 to perform the abatement work. Harmon will markup the work by 15% t M WNVIRHITE L W ENVIRONMENTAL CONSULTANTS INC. Seward Small Boat Harbor Bathroom Upgrade Seward, Alaska Asbestos and Lead Containing Paint Inspection Report Prepared for: Harmon Construction 802 Port Avenue Seward,Alaska 99664 Prepared by: White Environmental Consultants, Inc. 383 Industry Way,Suite 200 Anchorage,AK 99501 August 12, 2013 Near \-1 Contents Scope of Work 2 Inspection Findings 3 Asbestos-Containing Materials 3 Lead-Containing Paint 5 Regulatory Authority 6 Compliance Recommendations 7 Limitations 9 Appendices Appendix A: Bulk Asbestos Analytical Report/Field Collection Forms Appendix B: Lead Analytical Report/Field Collection Forms Scope of Work On July 31St,2013 White Environmental Consultants Inc. (WEC) performed an asbestos and lead survey Need at the Seward Small Boat Harbor Bathroom facility located at 1300 4th Avenue Seward,Alaska. The purpose of this survey is to provide our client, Harmon Construction , with professional guidance from which they may fulfill all relevant environmental and worker health and safety obligations through compliance with applicable Environmental Protection Agency (EPA), Alaska Department of Environmental Conservation (ADEC), and the Federal Occupational Safety and Health Administration (OSHA) and the Alaska's Department of Occupational Safety and Health (AKOSH) regulations during proposed renovation activities for the structure. The structure was inspected and sampled for asbestos containing materials (ACM) and lead containing materials to determine specific renovation and disposal activities required if these materials are present. WEC collected 30 samples consisting of 38 discrete layers of suspect asbestos containing materials (ACM)and 8 samples of paint suspect for lead. The materials listed below are an inventory of suspect ACM (asbestos containing materials) and lead paints found throughout the structure that were inspected; sample results by material will be addressed in the inspection findings section of this report. 2 Nod a. Exterior Paint b. Interior Paint c. Marlite Wainscot Adhesive d. Floor Tile e. Floor Tile Mastic f. Sheet Vinyl g. Sheet Vinyl Mastic h. Joint Compound i. Covebase Mastic j. Door Insulation k. Wall Texture I. Window Glazing Compound INSPECTION FINDINGS ASBESTOS CONTAINING MATERIALS (ACM) SAMPLE ID# MATERIAL LOCATION ASBESTOS CONTENT 001 Joint Compound Men's Bath, Ceiling 5% 002 Joint Compound Men's Bath,Ceiling Wall Interface 5% Sow 003 Joint Compound Men's Bath, @ Windows 5% 005 Joint Compound Men's Bath,Wall 5% 010 Window Glazing Men's Bath,Window 7% Compound 011 Sheet Vinyl Men's Bath 20% 012 Sheet Vinyl Men's Bath 20% 016 Joint Compound Women's Bath 5% 017 Joint Compound Women's Bath 5% 019 Joint Compound Women's Bath 5% 020 Joint Compound Women's Bath 4% 021 Joint Compound Women's Bath 15% 3 1� 1 022 Thermal Systems Pipe Chase Between Men's&Women's 15% Insulation Bathrooms. 023 Thermal Systems Pipe Chase Between Men's&Women's 15% Insulation Bathrooms. 027 Window Glazing Women's Bath Window 4% Compound 028 Sheet Vinyl Women's Bath 20% Joint Compound Joint compound in wall and ceiling systems is considered to be a non-friable Category I asbestos- containing material by the EPA, and is subject to Class II removal procedures as described by OSHA in 29CFR 1926.1101. The material was in good to poor condition in both bathrooms. All wall and ceiling systems should be assumed to contain asbestos and any disturbance of gypsum wallboard systems (in relation to the proposed renovation) should only be performed by certified State of Alaska asbestos abatement personnel. Sheet Vinyl Resilient sheet vinyl flooring was found to be in good to poor condition at the time of inspection. Upon laboratory analysis sheet vinyl flooring was found to contain asbestos in quantities greater than one percent was in both the men's and women's bathrooms. The material seems to be throughout both bathrooms, either exposed or covered by 12"x12" floor tile. Sheet vinyl is considered to be non-friable Category I asbestos containing material by the EPA, and is also subject to Class II removal procedures by OSHA in 29CFR 1926.1101. Any disturbance of this material (in relation to the proposed renovation) should only be performed by certified State of Alaska asbestos abatement personnel. Thermal Systems Insulation Thermal Systems Insulation (TSI) is considered a Class I asbestos containing material by OSHA and a Category I friable asbestos containing material by the EPA. TSI is subject to Class I removal procedures as described by OSHA in 29CFR 1926.1101. Material was found in good condition at the time of inspection but should note there appeared what to be debris from wall system disturbance within the pipe chase from past disturbance. Any disturbance of the material should only be performed by state accredited asbestos abatement personnel. 4 1�6 Window Glazing Compound, Asbestos containing window glazing compound was found to be present on the window located in the both bathrooms. The material was in good condition at the time of inspection. Window glazing is considered to be a non-friable Category II asbestos containing material by the Environmental Protection Agency and subject to Class II removal as described by OSHA in 29CFR 1926.1101.Any disturbance of the asbestos-containing window glazing should only be performed by state certified asbestos abatement personnel. LEAD CONTAINING PAINT WEC personnel collected 8 paint samples of suspected lead based and or containing paint from representative locations of the structure where paint was located. Samples were analyzed by EPA Method SW846—7420. Of the samples collected,4 had lead content above the level of detection(see attached report). Paints were collected from the exterior trim,siding and the interior paints. Based on these results OSHA lead compliance measures need to be implemented for the disturbance of lead containing paints related to any renovation and disturbance of paint in the interior and exterior of the structure Regulatory Authority Code of Federal Regulations EPA 40 CFR Part 61 Subpart M (NESHAP), §61.145 Standard for demolition and renovation requires the removal of all Regulated asbestos-containing materials (RACM) from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. Regulated asbestos containing material (RACM) is defined as (a) friable asbestos material, (b) Category 1 non- friable ACM that has become friable, (c) Category I non-friable ACM that will or has been subjected to sanding, grinding, cutting, or abrading, or(d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations. EPA 40 CFR 61 Subpart M National Emission Standard for Asbestos requires the removal of regulated asbestos containing materials prior to the renovation or demolition of a building. OSHA 29 CFR 1926.1101 requires specific worker training and removal methods for all asbestos disturbances in renovation and demolition procedures. Only trained maintenance personnel or certified independent contractors should be allowed to perform disturbance activities on known asbestos containing materials. A two hour asbestos awareness class should be required for all personnel,vendors and contractors that will be working for any length of time on the structures. 5 1�1 For operations and maintenance work a minimum 16 hour course is recommended. This training provides an overview of asbestos hazards and gives the ability to recognize maintenance and repair work where ACM or PACM may be disturbed and requires training that includes information regarding asbestos and its various uses and forms; the health effects associated with asbestos exposure; the location of ACM and PACM identified throughout each building in which the employee works; recognition of damage, deterioration, and delamination of ACM and PACM; information on respiratory protection; information from 40 CFR 763.91, 40 CFR 763.92, 40 CFR 763.93; and the Hazard Communi- cation standard. This training must include hands-on training for work practices, control measures, and protective equipment. The EPA requires that all regulated asbestos containing materials be removed from a structure prior to its demolition. The EPA standard also requires that no visible emissions are created from asbestos containing building material disturbance, removal and transportation. The EPA and OSHA have requirements that must occur if asbestos containing materials are disturbed by renovation or maintenance activities. Renovation or maintenance activities that disturb known asbestos containing materials will only be done by properly trained personnel in accordance with all applicable federal,state and local regulations. Always test building materials before disturbing the material in any way. Disturbance is defined as any activity that could disrupt the material's matrix that secures asbestos fibers within the material. Disturbance indudes,but is not limited to, sanding,cutting,screwing,and nailing into the substrate. COMPLIANCE RECOMMENDATIONS ������ ^ v ~i° Lead containing paint was found on the exterior and interior of the structure during the inspection of Seward Small Boat Harbor Bathroom facility locate at 1300 4th Avenue Seward,Alaska As part of EPA's ongoing efforts to protect children from lead poisoning, the Agency announces, new standards to identify dangerous levels of lead in paint, dust, and soil. The new national standards are more protective than previous EPA guidance and will, for the first time, provide home owners, school and playground administrators, childcare providers, and others with standards to protect children from hazards posed by lead,including children living in federally owned housing. Under these new standards, federal agencies, including Housing and Urban Development, as well as state, local, and tribal governments will have new uniform benchmarks on which to base remedial actions taken to safeguard children and the public from the dangers of lead. These standards will also apply to other Federal lead provisions, such as EPA's real estate disclosure requirements presently in place for people buying, renting, and selling a home or apartrnent. These hazard standards will also serve as general guidance for other EPA programs engaged in toxic waste cleanups. In addition, these standards will provide landlords, parents, and childcare providers with specific levels on which to make informed decisions regarding lead found in their homes,yards,or play areas. 6 *4410 \�J_] Health problems from exposure to lead can include profound developmental and neurological impairment in children. Lead poisoning has been linked to mental retardation, poor academic performance, and juvenile delinquency. Nearly one million children in America today have dangerously elevated levels of lead in their blood. Because of the potential dangers, any exposure to deteriorated lead-based paint presents a hazard. Under the new standards, lead is considered a hazard when equal to or exceeding: 40 micrograms of lead in dust per square foot on floors; 250 micrograms of lead in dust per square foot on interior window sills; and 400 parts per million (ppm) of lead in bare soil found in children play areas or 1200 ppm average for bare soil in the rest of the yard. Identifying lead hazards through these standards will allow inspectors and risk assessors to assist property owners in deciding how to address problems which may include lead paint abatement, covering or removing soil,or professional cleaning of lead dust. Common renovation activities like sanding, cutting,and demolition can create hazardous lead chips and dust by disturbing lead-based paint,which can be harmful to adults and children.To protect against this risk, on April 22, 2008, the EPA issued a rule requiring the use of safe lead work practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22, 2010, contractors performing renovation, repair, and painting projects that disturb lead-based paints in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.The EPA requires firms performing renovation,repair,and painting projects Sire that disturb lead-based paint in pre-1978 homes,child care facilities,and schools be certified by the EPA and that they use certified renovators who are trained by EPA-approved training providers to follow safe work practices. Individuals can become certified renovators by taking an eight-hour training course form an EPA-approved training provider. Contractors must use lead-safe work practices and follow these three simple procedures: 1. Contain the work area 2. Minimize dust 3. Clean up thoroughly The rule affects paid renovators who work in pre-1978 housing and child-occupied facilities,including: 1. Renovation contractors 2. Maintenance workers in multi-family housing 3. Painters and other specialty trades 7 4110110- Under the rule,child-occupied facilities are defined as residential,public,or commercial buildings where children under the age of six,are present or'a regular basis.The requirements apply to renovation, ' ° repair,or painting activities.The rule generally does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less than 20 square feet of lead-based paint is disturbed on the exterior,but this does not include window replacement, demolition,or prohibited practices. The EPA term "lead-based paint"addresses the layers of paint on an applicable surface having lead equal to or greater than 1.0 mg/cm2 or 5,000 parts per million, The EPA does not indicate any safe levels of lead on painted components of a waste stream and requires a Toxicity Characteristic Leachate Procedure(TCLP)test to be performed on the waste stream to determine disposal requirements. The OSHA Lead-in-Construction standard (29 CFR 1926.62)applies to all construction work where an employee may be occupationally exposed to any detectable level of lead,including demolition or salvage of structures where lead or materials containing lead are present. Based on these results OSHA lead compliance measures need to be implemented for the disturbance of lead containing paints related to any renovation or demolition work. OSHA 29 CFR 1926.62 "Lead in Construction"has specific requirements when working in the presence of lead and where there is a potential for employee exposure to airborne lead. 1. Employee training. 2. Employee exposure assessments � 3. Lead cnnnp||anceplan `god Limitations WEC performed an asbestos and lead containing paint inspection of the men's and women's baths at '» the ���Small B�tHa���������|c��dat13�4 Avenue Seward,Alaska Other suspect materials discovered during renovation or demolition not covered in this survey should be assumed to contain asbestos and treated as such until further sampling shows materials do not contain asbestos. Asbestos-containing materials may exist in areas not accessible at the time of inspection. 8 \ A7 Ilthw Appendix A: Bulk Asbestos Analytical Report/ Field Collection Forms 11-5 • ff HYLA? 1.. , o Lab Code:200124-0 303 INDUSTRIAL WAY ANCHORAGE, AK 09n01 Pll (907) 250—H661 Bulk Sample Analysis for Asbestos WL Project#:LA-003205 Report#:98798 Client Project#:13CSLT-142 Report By:L.Brooks Report Date:8/2/2013 Client: White Environmental Consultants,Inc Collection Date: 7/312013 Billing Number:25006 Collection By: B.O'Bray 383 Industrial Way,Suite#200 TAT: 5 Day Anchorage,AK 99501 Analysis By: D.Milton #Samples: 30 #Layers: 38 Analysts Date: 8212013 Received By: Brooks Project Name/Location: Harmon Const.-Seward Boat Harbor Bath Received Date: 8/112013 Upgrade Client IDf! WL Lab IN Location Material Layer 001 AB13-6513 Men's Bath-Calling Joint Comp I,? of 1 ASBESTOS %Asbestos: 5% Homo- Color Chrysollle 59'0 I genous No Cream Other Fibrous Materials I %Non-Fibrous Materials: 95% None Detected Client ID# WL Lab IOU Location Material Layer 002 AB13.6514 Men's Bath-Well/Calling Interface Joint Comp 1 of I ASBESTOS %Asbestos: 6% Homo- Color Chrysotile 5% I genous No Cream Other Fibrous Materials I Non-Fibrous Materials: 95% None Detected Client ION WL Lab IDs Location Material I Layer 003 AB13-5515 Men's Bath-At Windows Joint Comp Of 1 ASBESTOS j %Asbestos; 5% Homo. Color Chrysotlle s% genous No Cream Other Fibrous Materials %Non-Fibrous Materials; 95% None Detected Client IDk WL Lab IOU Location Material Layer 004 AB13-6518 Mane Beth-Al Showers Joint Comp 1 of t ASBESTOS! Homo- Color genous White None Detected No Other Fibrous Materials I %Non-Fibrous Materials: 100% None Detected Report Version. 2013.09.08.01 Page 1 of 9 `� `F-, T1.4] HY113/4 p�, I,A ,9 0 RI i�J �r A L I,C ± . Lab Code: 200124-0 383 INDUSTRIAL WAY ANCHORAGE, AK 99601 PH (907) 250-8661 Bulk Sample Analysis for Asbestos I WL Project#:IA-003205 Report#:98798 Client Project#: 13CSLT-142 Report By:L.Brooks Report Date:8/212013 Client 100 WL Lab ID# Location Material ' Layer 005 A813.8517 Men's Bath-Wall Joint Comp ; 1 °t 1 ASBESTOS} To Asbestos: 5% Homo- Color ohrysotite 5% I genous I No Cream Other Fibrous Materials I %Non-Fibrous Materials: 95% None Detected Client ID# WL Lab ID# Location Material Layer 006 AB13-8518 Men's Bath-Above Entrance Joint Comp I 1 or r ASBESTOS I Homo- genous Color None Detected No White Other Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client 10# WL Lab ID# Location Material 1 Layer ' Ellabr 007 AB13.8519 Men's Beth Walls Marlite Mastic I of r I ASBESTOS I Homo- genous Color None Detected No Yellow dals %Non-Fibrous Materials: 100% j Other Fibrous.Materials None Detected Client ID# WL Lab= Location Material Layer 007 A813.6520 Men's Bath Walls Marina Mastic I 01 r I ASBESTOS Homo- Color genous None Detected No Yellow Other Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client 100 WL Lab ID# Location Material ! Layer , 009 AB13.6521 Man's Bath Walls Marllte Mastic 1 Of 1 IASBESTOS Homo- - genous Color None Detected No Yellow Other Fibrous Materials I %Non-Fibrous Materials: 100% None Detected Report Version: 2013.08.06,01 Page 2 of 9 • HY13/4 1 A IL IAA: . Lab Code:200124-0 :1t53 INDUSTRIAL WAY ANCHORAGE, AK 1111501 I'll (907) '4511—M061 Bulk Sample Analysis for Asbestos I WL Project S:LA-003205 Report S:98798 Client Projectll: 13CSLT•142 Report By:L.Brooks Report Date:812/2013 Client IOU WL Lab IDS Location Malarial Layer 010 A913-6522 Man's Bath Window Window Glaze 1 of 1 ASBESTOS %Asbestos: 7% Homo- Color I— Chryeotde 7% I genous No Cream Other Fibrous Maferte/s %Non-Fibrous Materials: 93% None Detected Client IDS WL Lab IDS Location Material Layer 011 AB13.8523A Men's Bath Floor Tile 1 of 3 ASBESTOS I Homo- Color genous None Detected No Gray Other Fibrous Materials I %Non-Fibrous Materials: 100% None Detected Client IDS WL Lab IDS Location Malarial layer 011 A813.65238 Men's Bath Sheet Vinyl 2 of 3 ASBESTOS %Asbestos: 20% Homo- Color Chrysotile 20% ' %Other Fibrous Materials: 10% Homo- genous No Yellow Other Fibrous Materials %Non-Fibrous Materials: 70% Cellulose 10% Client IDS WL Lab IDS Location Material layer 011 AB13-6523C Men's Bath Sheet Vinyl Mastic 3 of 3 ■ASBESTOS I Homo- genous Color None Detected No Yellow Other Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client IDS WL Lab ION Location Material Layer 012 AB13.8524A Men's Bath Floor Tile 1 of 4 ' .ASBESTOS I Homo- ' genous Color None Detected No Gray Other Fibrous Materiels I %Non-Fibrous Materials: 100% None Detected Report Version, 2013.06.05.01 Page 3 of 9 V t' 1.r I x (,X_J � �, .-.., IL ) L�Ag ((BORA �OEiE I l J'l. . Lab Code:200124.0 30:1 INDUSTRIAL WAY ANCIIORAt:E, AK 911501 P11 (907) 250-0661 Bulk Sample Analysis for Asbestos I WL Project H:LA 003205 Report Al:98798 Client Project#:13CSLT-142 Report By:L.Brooks Report Date:8/2/2013 Client IDS WL Lab ID# Location Material 1 Layer 015 AB13-85248 Men's Bath Floor Tile Mastic ' 2 of 4 ' ASBESTOS-] Homo- Color genous None Detected No Off-While Ofhvr Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client IDS WL Lab IDS Location Material layer 012 A013-6524C Men's Bath Sheet Vinyl 1 3 of 4 ASBESTOS %Asbestos: 20% Homo• Chrysolllo 20% I % genous Color Other Fibrous Materials: 10% No Yellow Other Fibrous Materials %Non-Fibrous Materials: 70% Cellulose 10% Client IDS WL Lab ID# Location Material Lover 012 AB13-65240 Men's Bath Sheet Vinyl Mastic 4 ,°I -4 I ASBESTOS Homo- Color genous None Detected No Yellow OtherFfbrous Materials %Non-Fibrous Materials: 100% None Detected Client ID# WI.Lab IDS Location Material Layer 013 AB13.6525A Men's Bath-Al Entrance Floor Tile 1 of 2 ASBESTOS Homo- Color genous None Detected No Gray Other Fibrous Materials I 96 Non-Fibrous Materials: 100% None Detected Client IN WL Lab ID# Location Material i Layer I 013 AB13-65258 Men's Bath-Al Entrance Floor Tile Mastic i 2- -of 2 ASBESTOS Homo- genous Color None Detected No Yellow I Other Fibrous Materials I %Non-Fibrous Materials: 100% None Detected Report Version: 2013.0508,01 Page 4 of 9 MEW LA 1.3 0 1N, A rj, 0 RI E S YilVLA,P 1 I ,1,(. .1 . Lab Code:200124-0 ftsed it o3 INDUSTRIAL WAY ANCHORAGE, AK 99501 I'll (1m7) 2511—R661 Bulk Sample Analysis for Asbestos I WL Project$R:LA-003205 Report Si:98788 Client Projectfs:13CSLT-142 Report By:L.Brooks Report Date:812/2013 Client DI WL Lab IDU Location Material !Ayer 014 A813.8528 Men's Bath Cove Base Mastic 1 Cl I (ASBESTOS genous Color None Detected No Off-White Other Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client IDS WL Lab IDU Location Material 1 Layer 1 015 A813-8527 Men's Balh-Entry Door Door Insulation it of 1 ASBESTOS Homo- Color genous None Detected No White Other Flbrovs Materiels I %Non-Fibrous Materiels: 100% None Detected Client IDU WL Lab ION Location Material l Layer 016 A813-8528 Women's Bath Joint Comp 1 1 of 1 I V ASBESTOS %Asbestos: 5% Homo- Color genous Chry.otlle 5% No Cream Other Fibrous Materiels %Non-Fibrous Materials: 95% None Detected Client IN WL Lab IOU Location Material : Layer 017 AB13-6529 Women's Bath-Wall Joint Comp Of 1 , ASBESTOS j %Asbestos: 5% Homo- Color Chrysotle 5% 1 genous No Cream Other Fibrous Materiels ; %Non-Fibrous Materials: 95% None Detected Client IDS WL Lab IDs Location Material ! Layer 018 AB13-8530 Women's Balh-Entry Son Joint Comp ' 1 of 1 ; ASBESTOS I Homo- Color genous None Detected No While Other Fibrous Materiels %Non-Fibrous Materiels: 100% None Detected Report Version: 2013.06.06.C1 Page 5 of 9 NIS i`1b 10-'`iAT II A r `It' FV,Af LA I. B () R Vfl) IC I F S L\(. . Lab Code:200124-0 3133 INDUSTRIAL WAY ANCHORAGE, AK 99501 P11 (907) 2511-11661 Bulk Sample Analysis for Asbestos I WL Project U LA-003205 Report U:98798 Client Project#:13CSLT-142 Report By:L.Brooks Report Date:812/2013 Client WO WL Lab ID# Location Material I Layer 019 AB13.6531 Women's Bath Joint Comp 1 or 1 I ASBESTOS %Asbestos: 6% Homo- Color emotions s% Cream No OfherFibrous Materiels %Non-Fibrous Materials: 95% None Detected Client ID# WL Lab ID# Location Material Layer j 020 AB13.8532 Women's Bath-Ceiling Joint Comp 1 ' -or- I I ASBESTOS! %Asbestos: 4% Homo- Color 1 Chrysotlle a% 1 genous No Off-White Other Fibrous Materiels %Non-Fibrous Materials: 96% None Detected Client IN WL Lab IOU Location Material Layer 021 A813 6533 Women's Bath•Above Sinks Joint Comp - ' °r 1 i ASBESTOS I %Asbestos: 5% Homo- Color Chrysolite 5% genous I No Cream Other Fibrous Materials I %Non-Fibrous Materials: 95% None Detected Client ID# WL Lab!DX Location Material Layer ' 022 A813-6534 Pipe Chase Between Men's/Women'a Bath Thermal Sys.Ins. 1 of I 1 ASBESTOS I %Asbestos: 16% Homo- Color Chryaoule 15% I %Other Fibrous Materials: 30% genous No OH-While Other Fibrous Materiels ( %Non-Fibrous Materials: 55% Mineral Wool 30%K Client IDS WL Lab IOU Location Material Layer 023 A1313.3535 Pipe Chase Between Men'slWomen's Bath Thermal Sys.Ins. 1 of 1 ASBESTOS I '/o Asbestos: 16% Homo- Color Chrysolite 15% I % Other Fibrous Materials: 30% genous —. --_-- No Off-White Other Fibrous Materiels I %Non-Fibrous Materials: 55% Mineral Wool 30% Report Version: 2013.05.08.01 Page 6 of 9 1G` a.... W1111' 141,�j 6 r 1 ` Krwitaf 1',Lc .,�\ 13 () ��i.\rI' \� 1l �, 1l F / ., Lab Code:200124-0 Nod 389 INDUSTRIAL WAY ANCHORAGE;, AK 99501 1'II (907) 2511 11661 Bulk Sample Analysis for Asbestos I WL Project#:LA.003205 Report#:98798 Client Project#:13CSLT-142 Report By:L.Brooks Report Date:8/2/2013 Client 1D# WL Lab IDS Location Material layer 024 AB13-6538 Women's Bath Walls Marlile Mastic 1 of 1 ASBESTOS I Homo- Color genous None Detected No Yellow Other Fibrous Materials %Non-Fibrous Materials: 100% None Detected Client IDt! WL Lab IN Location Material Layer 025 A813.6537 Women's Bath Walls Manila Mastic 1 of 1 ASBESTOS I Homo- Color genous None Detected No Yellow Other Fibrous Materiels %Non-Fibrous Materials: 100% None Detected Client MO WL Lab IDS Location Material Layer 026 AB13-6538 Women's Bath Walls Manila Mastic 1 Cl 1 ASBESTOS j Homo- Color genous None Detected No Yellow Other Fibrous Materials Non-Fibrous Materials: 100% None Detected Client IDS WL Lab IDS Location Material Layer 027 AS13.6539 Women's Bath Window Glaze 1 of 1 I ASBESTOS %Asbestos: 4% Homo- Color Chrysotle 4% 1 genous Otf-White Other Fibrous Materrats %Non-Fibrous Materials: 96% None Detected Client IDS WL Lab IDS Location Material 1 Layer ' 028 AB13-8540A Women's Bath Sheet Vinyl 1 of 2 ` I ASBESTOS J %Asbestos: 20% Homo- �— Color - , Chrysolite 20% ' %Other Fibrous Materials: 10% aenous i No Gray Other Fibrous Materials ( `%Non-Fibrous Materials: 70% Cellulose 10% 1 1 Report Veralon 2013.08,06.01 Page 7 of 9 i. ,•i J KIV3/4 NNW 1 Ai J C . Lab Code:200124-0 383 INDUSTRIAL WAY ANCHORAGE, AK 095(1 I'll (907) 2."60-81361 Bulk Sample Analysis for Asbestos I WL Project#:LA-003205 Report 9:98798 Client Project#:13CSLT-142 Report By:L,Brooks Report Date:8/2/2013 Client 1D11 WL Lab ID# Location Material Layer 028 A813-65408 Women's Bath Sheet Vinyl Mastic 2 of 2 IASBESTOS Homo- genous Color None Detected No Yellow Other Fibrous Materiels %Non-Fibrous Materials: 100% None Detected Client WO WL Lab IO# Location Material Leer 029 A813.6541A Women's Bath Sheet Vinyl 1 Cl 2 ASBESTOS %Asbestos: 20% Homo- Color Chrysonle 20% ' % Other Fibrous Materials: 10% genous No Gray Other Fibrous Materials %Non-Fibrous Materials: 70% 1 Cellulose 10% ; Client ID# WL Lab= Location Material 029 AB13.8541B Women's Bath Sheet Vinyl Mastic 2 of 2 ASBESTOS Homo- genous Color None Detected No Yellow Other Fibrous Materiels %Non-Fibrous Materials: 100% None Detected , Client IDS WL Lab IDS Location Material Layer 030 A513-6542 Women's Bath Cove Base Mastic ' I 01 1 , ASBESTOS Homo- Color %Other Fibrous Materials: <1% genous None Detected No Brown Other Fibrous Materials ' %Non-Fibrous Materiels: 100% Ceauiose - <1% Client IDA WL Lab KM Location Material i Layer 031 A513.6543 Women's Bath Door Insulation 1 °I 1 I ASBESTOS I - Homo- Color genous None Detected No White Other Fibrnus Materiels I %Non-Fibrous Materials: 100% None Detected Report Version 2013.08.08.01 Page 8 of 9 1C;\3 1 AI J(:4 . Lab Code:200124-0 Nfluld 383 INDUSTRIAL WAY ANCIIORAGE, AK 99501 PII (907) 258—13861 Bulk Sample Analysis for Asbestos WL Project#:LA-003205 Report#:98798 Client Project#: 13CSLT-142 Report By:L.Brooks Report Date:5/2/2013 .., ) Date 8/5/2013 Milton D vp.Lab Analyst Milton (1_, --- ---- Date 8/5/2013 Analysis performed by EPA Method 6001R-931116, All quantities reported are based on visual estimation by PLM,unless point- counting method is requested and noted(or the sample. Test report relates only to Items tested and must not be used by client to claim product endorsement by NVLAP or any agency of the U.S.Government. Test reports must not be reproduced without the approval of WL,LLC,and are subject to WL,LLC.General Terms and Conditions(see reverse). Ntard NIS Repert Version: 2013.08.08.01 Page 9 of 9 . - • Vc\LA 11110, "ogfi, L./ t- s 1p r t .4-141iV40, February 4, 2013 Mayor Mike Navarre Kenai Peninsula Borough 144 N. Binkley Soldotna, Alaska 99669 RE: Cruise ship passenger tax proceeds Dear Mayor Navarre, On behalf of the City of Seward, I would like to thank the Borough Assembly and administration for allocating the Commercial Passenger Vessel (CPB) excise tax to the cities of Seward and Homer, based on their pro-rata share of cruise ship passengers visiting each port. These funds continue to be critical to Seward's ability to provide improvements to our port infrastructure in support of cruise ships and their passengers. ‘lbor The City was asked to submit a letter requesting their allotment of 2012 cruise ship head tax proceeds, and to identify the intended use of these funds. AS 43.52.230(b) requires that "a city or borough that receives a payment under this subsection shall use the funds for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board those vessels." We have identified the following projects for possible use of the CPV funds, including: 1) bus transportation for cruise passengers and crew; 2) ambulance services ($10,000 annually); 3) harbor restroom repairs and upgrades ($100,000); 4) cruise ship dock maintenance and repairs; 7) cruise ship berth enhancements and amenities such as signage, paving, and cruise-related pedestrian path awnings; 8) harbor float repairs/replacement; and cruise-related pedestrian improvements to and from the cruise dock. In the past, the City has used CPV funds for projects such as construction of a security dock in the Small Boat Harbor to enhance U.S. Coast Guard, fire, and emergency response; harbor and port dredging; bus transportation; outboard replacement for the fire and rescue boats; ambulance services; breakwater repairs, etc. We appreciate your support of our request and look forward to working with you to enhance facilities for the cruise ship industry in our region. Sincerely, / 6/ James Hunt, City Manager Seward, Alaska 907.224.4047 \9 .rr { l t = WHITE PROJECT NAM1? S64--.�!.1 t ??.''''':11- 4"N/lac.- - i 1'U U 6��t/ ENVIRONMENTAL IncArloN �v=)s<•_' . f\-k _ rr;orr�rNO I .Ct� K{War� CONSULTANTS INC. _ -, curia I - --'•c-,' C,::-..,4 LIME 1_-> 731 I St.Ste,203,Anchorage AK 99501 airs.7PROJECrd srrrrso._I,.__,,,,,,c..__� Phone: (907)258-8661 (907)258-8662 CHAIN OF CUSTODY RECORD - ANALYTICAL REQUEST ANALYSIS ?tU1 57110(oink) TURNAROUND F:2:QUESI J NO.OF tfL S CO ON DA —I PCM PLA 'TT.t.I LEAD c C 1`' '. '? 1 IZEL7144)tL,'; 1) 1 -..tIf DATE/n!t: SA Ir.1:-RI-acraV BY DATE/ I1E ,' - ' / G �_"�- 5 - 1 -01 Cts SITIPANC;Ml:11 NI) C.OBH (+i/(7.- m) SAMY1.PS RECEIVED BY DATE/TIME 1 (()M),II N'rS LA-003205 SAMPLE IN MATF311AL If)CA1lON COMMENTS o(1 i -fit h4--C trti■In I t'U'- '4 b)>.(v1 U.., t;-r.7 0 0 Z aA.,,evt4 h<., r„, „..Jc.i( a.,(6. 00 4) kiTIA5 h'1‘4-(-1‘ @ w,v jot.%) Cbq . ttiv.� [�-ti t"U �. ~ R� w?, . 4/ Cr-r'l 01 0 kijAc)\-0%,k) 1 Aq-'A 5 )0,.‘"A7\ IA), ijOtil_ / . a ,. 1-0(71-(ty,,,,,,D Ira(,ti 5 .0c41- ,/\ P.�t�0si•-../. ( C)i7 t ..t ..iA--iJ-1 0/ re `z, -ri/e 41.r, ,/.L vikk?iiiG, /.0. 1-1 11 04 ,?t4 .c,-L.....--- C Y V. rc ,1.:1: '.sue 1.,t„,-;1- rI �,t �1 (.J c':i�Y ti tom` : )' ''‘.5---)\4A.4-1 .)A 1I' a.te�.,.i 6.1 v\ `(,t .1 Lnt't , l r...„ (3I (.t!',..17- 1 ' *4111111 Ic WHITE mos=NAMIL Si.tar F.)0e l -1�� ,t ,AtOre ,,,,4 WZ ENVIRONMENTAL ,a,,,,�, c : .'• No I`. 5 —r Z. �. CONSULTANTS INC. t��,+A,% r DA (3 731 1 St.Ste.203,Anchorage AX 99501 WENT PROTECT/ SHEET NO 2 OF `"— 111111r Phone: (907)258-8661(907)258.8662 CHAIN OF CUSTODY RECORD -- ANALYTICAL REQ) ANALYSIS REQUESTED(circle) TURNAROUND REQUESTED NO,OF SAMPLES CO •N DATE: PCM PLM TEM LEAD RELINQUISHED BY: DATE/TIME SAMPLES RECEIVED DY DATE/TIME SHIPPING METHOD COURIER(signet=s) SAMPLES•'ft ED DY DATE(TIME r COMMENTS • SAMPLE MP MATERIAL LOCATION COMMENTS 0 I(a —so Z.A—c.,wf k....x.a"Qvt5 izoAA A , r i-Vl uc., II_ , , )0 L CR r I:� ll C/23 . T S _ OZ.Y Wic■-1, l*vit... Ct CLI6+4 Li.,30"..0.1.4 ecl", (.0 t 4 h•••1 v.)t% /1 S 0Z� o v -\ilei .. /Z1---' 1.0'1 4l)l]vv G I G'1 D +10f7Av1QM e> I//``c r I - �\ o /r ,v C %.,...' 03 t 7 t`),/ ;ASS'lcc`sI lA ``>,t h« 1t e w s 0 c ✓ Appendix B: Lead Sample Results/ Field Collection Forms Y&T � T � rDb��7 Yy � 1 � �� T� � �� �� � qP �� �� � �� �� ���� �� l���� 1 �� �\.��� �� , � • �._ 7 �' �� l���� :o: INDUSTRIAL WAY Aw0HoRAcE, AK 99501 |'M (907) ?..58—0001 • Lead Analysis in Paint U WL Project#:LA-00320 Report#:98887 Client Pnojeox8:13CO[c142 Report By: L. Brooks Report Date:8/7/2013 CUon,: White Environmental Consultants, Inc Collection By: 8.O'Bray Billing Number:25006 Collection Date: 7B1/2013 383 Industrial Way, Suite#200 Analysts By: J.Hicklin 4nchoraOe,AK 99501 Analysis Date: 8/6/2013 Received By: Brooks TAT; 5 Day # Samples: O Received Date: 8/1/2013 Project/NomaLnoaoon: Harmon Cuns/' Seward Small Boat Harbor Bathroom Client|O# YVL Lab|N Result Result Units Reporting Limit (ppm) U P-001 AL13-1748 <60 ppm 88 P'00 AL13-1749 74 ppm 45 P-003 8L13'1750 ,98 ppm 90 P'004 AL13'1751 180 ppm 8O P'0O5 AL13'1752 /86 ppm 86 P-006 AP13-1753 300 ppm 52 110 � `�~ P'007 8P13'1754 220 ppm 89 P'008 AP13'1755 <06 ppm 98 `~.._---~-- Date 81712013__ Joel mumin.Lab Analyst Date 8/7l2013 \ _ Preparation is performed according to EPA Melnod SW-840 305DB(M).Analyss performed according to EPA method SW-840 7*2o(M). analysis by flame atomic absorption spectroscopy, The Reporting Limit is at teast twice that of the Method Detection Limit(MDL). The MOL(defined as the mirrimuni concentration of an anatyto that can be reported with 99%confidence to have a concentration greater than zero)is determined from statistical analysis of reptcate samples in a given matrix ccnta.ning the anGlyte,as defined in 40CFR Part 136,Appendix B. Field and laboratory blanks aro used to assess possible contemination and sensitivity /analysis,nnuno blank correction is macfe. Unless otherwise stated,all q samples are acceptable. Modifications made to the previously referenced test methods are documented In VVL,LLC's Standard Operating Procedures Manual Supporting laboratory documentation Is available upon request. Unless otherwise stated,samples are received in acceptable condition. Results relate only to the items tested. VVL,LLC Ancnorage is a current proficient participant in the AIHA ELPAT program(Lab ID#102739). Test reports must not be reproduced without the approval of VVL,LLC and are subject to WL, LLC General Terms and Conditions(see reverse). Sao/ Report Version. 2013 Cs no.ot Page 1 of 1 \��^~�' � ` ` t \Y}I"ITE I�torrcrN, IE N.r)t•.•"f•k a."t.t-i(5 s_T(: i/dr'4 !J./L.96-'1 ENVIRONMENTAL �"r. '._ Willi 1___ CONSULTANTS INC. "'c^r°'_'`� v`.��jl� raorrrrN©.?rI_3�T l�r T� -- n.u,rr�� ,,'i.:s lam' c,...0.121-. DATE. �"/51_/- /3 731 1St.Ste.203,Anchorage AK 99501 u,l:>,TiTO.Tern srnrrno, Of / Phone: (907)258-8661 (907)258.8662 - CHAIN OF CUSTODY RECORD - . .d. YTICAL REQUEST AN AI:VMS RFIUF?ST Cri 'TURNAROUND ITOURS-TD NO Or S COIL-E 1oN IAT: PG',1 PL'.f IFi.1/ �? c,, , � - ' t 15 f:rr. 1i smrs IV L._ -1\ � DATE/WE `� SAMPLE.__��'`�' Eh BY DATE I TIME —_"`(.) /) `D/ ( / Z g 1-13 Cl 15 SHD}�I'I;j2 MF1'HUU 7' COURIER(.ipttrIrt) SAM:'LES RECEIVED BY DATE/TIME COMMENiS LA-003204 SAMPLE mq MATERIAI. LOCATION - COMMMS 1—OG` ( �;A\—L\" ,`0- '[rv(I1 w!S LOc-�-1 vl C'-►I i (--,/ I (� 1-(_)C. ` jft'lQv\ � 16..,i��r"� C'ti; , ,-�L�r'1 )n-ociir An Ut.C-- 1,3 G-r i-A/ up 04 1'/004 11 I .) (r.--.1.-,c•Ur._-It ‘ era;..,. L + .1 Q K Le■■I c,--c- `--"^ I W e,.' .c.,r is t•✓v, r--•-t 1- T po L —0 X I--E'i .;,/ e f:,_k- k.. P:C.,—,n iJ(-a"r9 o'C�.,11, c ) — aop City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page CALL TO ORDER Ikap, The September 9, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Vanta Shafer Bob Valdatta Ristine Casagranda Jean Bardarson Christy Terry* Marianna Keil comprising a quorum of the Council; and Ron Long, Assistant City Manager Cheryl Brooking, City Attorney Brenda Ballou, Acting City Clerk %Iry Absent—None * Christy Terry arrived at 7:11 p.m. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Susan Lang said she lived in Lowell Point and was concerned about the sewage lagoon. Her concern was that there was a tremendous odor coming from the lagoon that was negatively impacting both her bed and breakfast business and her campground business,and was causing guests to leave. She wanted the city to provide information about the maintenance of the lagoon,as well as to pay for the residents of Lowell Point who had abutting and adjacent wells to have their well water tested for contamination prior to the start of the 2014 tourist season. Lynda Paquette was concerned about the sewage lagoon at Lowell Point, and urgently requested that council hire a consultant to assess the situation and make recommendations. She said the stench was worsening as the summer progressed,and didn't believe it was related to the weather temperature. She beseeched council to do whatever they needed to in order to "stop the stench." Teri Arnold thanked city council for their service and said she was a full-time resident of Lowell Point. She,too,was concerned with the sewage treatment plant,and had originally suspected that the stench was caused by the warrn summer weather. She said even now the smell was getting worse and not better. She supported the city in hiring a consultant. \ City of Seward,Alaska City Council Minutes September 9, 2013 Volume 39,Page Paul Paquette had several suggestions, including having grinders in the toilet lines and having organic materials available to mix in.He said the sludge would be compostable and would be potentially available to sell. He also suggested the alternative of covering the lagoon to contain the odor. Jim Herbert said invited everyone to the Prince William Sound Regional Citizens Advisory Council(PWSRCAC)annual board meeting in Seward on September 19&20,2013 at AVTEC.He said there would also be an incident command system test on October 2, 2013 by the PWSRCAC, and everyone was invited to sign up for that free emergency-preparedness workshop. Tim McDonald said the sewage problem at Lowell Point was concerning and should be dealt with soon. He was considering the Sister City program that Seward had with Obihiro, Japan and suggested that Seward reach out to a bush community in Alaska to develop relationships,perhaps inviting AVTEC students from various Alaskan communities to come and speak. He was also concerned, on behalf of Kodiak, that the state ferry Tustumena was still unavailable and suggested the ferry Susitna be called upon and be put into service. Ben Pazdernik said he was concerned with coal smoke in his Forest Acres neighborhood for both the smell and health-related issues. He asked council to perform more research on alternative heating sources for the community. Jim Doepken said he was new to Seward,but had already noticed the smell of burning coal and was concerned about the health protection for his family. He asked council to actively pursue alternatives. Mica Van Buskirk was representing the Seward Site-Based Council and said the group was concerned about the potential industrial traffic that may be created on Sea Lion Avenue as a result of the new electric warehouse. She encouraged council to seek an alternate traffic pattern for the electric vehicles. She added that on the Lowell Point issue, she was concerned about the sewer smell, and was also concerned about the waterfall and its maintenance. Brad Snowden thanked the council and city staff for their work. He wanted to see the city explore options for airport expansion, and requested that a letter be sent to Representative Don Young asking for his support. He also wanted to purchase the Lowell Creek diversion tunnel property and take over the maintenance and responsibility for that property.He expressed his concern that the city had unfairly and selectively enforced property clean-up ordinances against him. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: 4440 ae3a, City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page Resolution 2013-068, Amending The 2013 Budget To Record Expenditures Of$363,319.84 ‘iire Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability For The Period January Through June, 2013. Resolution 2013-069, Authorizing The City Manager To Accept Grant Funds From The Alaska Division Of Homeland Security And Emergency Management In The Amount Of $7,031.00 For Purchase Of Communications Equipment For An Alternate Emergency Operations Center At Providence Seward Mountain Haven, And Appropriating Funds. Resolution 2013-070, Authorizing The City Manager To Apply For An Alaska Energy Authority ("AEA") Round VII Renewable Energy Fund Grant For Installation Of Heat Recovery System At The Alaska Sealife Center. Resolution 2013-071,Amending The 2013 Budget To Record Depreciation Expenses Related To The Hospital And Long-Term Care Facilities. Council approved the July 22, 2013 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report,Sue McClure stated the borough had recorded$2,770,000 for Public Employees'Retirement System(PERS)liability expenditures.There was also$85,000 being ‘41., dedicated to the Seward High School welding shop.Her annual meeting was on September 28,2013 when she would be visiting with each community in her district,along with Representative Chenault and Senator Giessel. She pointed out that absentee in-person voting would start on Monday, September 16,2013,and reminded everyone of the four propositions on the ballot.The borough was having two sealed bid auctions for properties and offered booklets to anyone interested, and on Tuesday, September 17, 2013 the borough would have their annual meeting in Homer. City Manager's Report,Assistant City Manager Ron Long stated the following purchase order had been approved since the last meeting: $22,895.64 for Alaska Bolt&Chain to purchase tire chains for the Public Works fleet. The Public Works Department was looking for an Equipment Operator,and had also notified the Alaska Department of Environmental Conservation(ADEC)that the city would not be executing the $490,000 loan agreement for sludge removal. In the Finance Department, the Kenai Peninsula Borough reported that taxable sales for Seward for the second quarter of 2013 were up by 3.91%over the prior year. (First quarter taxable sales were down by 0.06%.) Overall through June 2013, taxable sales were up 2.74% from prior year. The Providence Seward Medical Center (PSMC) booked a receivable of approximately $3,900,000 to account for a portion of the estimated settlement from the State of Alaska for the period 2011 through July 2013 for Medicaid expenses. The actual receipt of cash from the State of Alaska for these reprocessed claims was not expected until later this year or early next year,at which time the city could expect to be reimbursed by PSMC for the$2,300,000 loan the city authorized due to the delay in payments from the state, plus $300,000 the city fronted to cover the cost of medical 0,C3 City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page records implementation. When these monies were reimbursed, $300,000 would be returned to the General Fund,and$2,300,000 would be placed in the Seward Mountain Haven Fund to pay for debt service costs on the facility. In the Parks and Recreation Department, an Invitation to Bid was released for washing and sealing parking lots,and the deadline was 1:00 p.m. on Monday, September 23,2013. Preparations continued for paving the northeast parking and boat launch area,and August campground revenues were $142,320 (up $14,955 from 2012). Long reported that there had been a leak in the roof of City Hall since at least June this year, and it had been impacting the records room,intake area,radio room and the finance area.The Public Works Department had tried to address the situation,but could not complete the project due to other demands, so administration hired a contractor over this last weekend. The cost just to stop the leaking was $5,000, and did not include any repair or remediation work. In response to Seaward,Long said regular testing was performed at the facility.Public Works Director W.C. Casey agreed that the sewage lagoon was the worst smelling it had ever been.He said they were having a difficult time maintaining the appropriate levels of chemicals,the warm days had caused algae bloom, there had not been enough bugs in the environment to eat the algae, and the blowers were 30 years old and were not blowing as strongly. Although last year they had had difficulty maintaining the appropriate levels of dissolved oxygen in order to allow the bugs to thrive, this year had been even worse.In response to Shafer, Casey said covering the lagoon was possible if the city was willing to pay for it. Casey said they were aware of some of the issues,but were unsure that they had discovered all of the issues. He said they were continuing to work with the ADEC and Michael L. Foster& Associates, Inc.to find a solution. In response to Terry,Long said he would have Casey,Clemons,Foutz and engineers perform an on-site analysis of the new Sea Lion Avenue traffic pattern in order to put it to a real-world test, and potentially make adjustments for safety's sake. Long added that the traffic coming and going from the new electric warehouse would not be increased, as there would be no additional staff working from that location than there were currently. Shafer said she agreed that she personally found the smell of coal disagreeable, but understood how cost-effective it was for people to use. She asked if there were any regulations or requirements available that could monitor afterburners. Long said there were no standardized tests for smell, but there were for particulates, and he suggested that defining particulate levels may be a good foundation upon which to perform research and devise regulations for the city. In response to Keil, Long said there was a plan drafted for the boat movement that would allow for the D Float replacement project. The plan allowed for free haul-outs and/or alternate slip assignments for regular tenants. It was necessary for the harbor and tenants to remain flexible to accommodate the situation. City Clerk's Report,Acting Clerk Brenda Ballou reported on the extent of water damage in the Transient Vault. NIS N6 City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page City Attorney's Report, Cheryl Brooking reported on the wide variety of activities and issues she had been assisting the city with for the last month. She said she would be attending the Annual Lawyers Association Conference in San Francisco later this month. Mayoral Report, David Seaward thanked everyone for supporting the Sister City relationship with Obihiro,Japan and for coming out for the 110th Anniversary of Seward's Founder's Day on August 28, 2013. Other Reports, Announcements and Presentations -None PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2013-007,Amending The City Of Seward Code, Section 12.05.021,Adopting The 2012 Edition Of The International Residential Code(IRC),Including Revisions. (Clerk's Note: In order to satisfy Alaska Statute 29.35.144, this ordinance is required to have a minimum of three public hearings. The first public hearing was held on May 28, 2013, the second was held on August 12, 2013, and tonight was the third public hearing and possible enactment of this ordinance.) In response to Terry, Building Inspector Stefan Nilsson said specifications for heating systems were addressed in the International Mechanical Code (IMC). 1\11.■ Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Shafer was hesitant to include the sprinkler provision until or unless the State of Alaska decided to adopt it first. Motion to Amend (Shafer/Bardarson) Amend Ordinance 2013-007 to remove Section R313.2 in its entirety. Motion to Amend Passed Unanimous Motion to Amend (Terry/Bardarson) Amend Ordinance 2013-007 to strike Section 17 in the body of the Ordinance. Motion to Amend Passed Unanimous Motion to Amend (Bardarson/Keil) Amend Ordinance 2013-007 by adopting the laydown language in its entirety as follows: 1) In Section R401.2 Requirements, add a new exception#1,"Wood foundations shall have a minimum 16-inch x 10-inch reinforced concrete footing." dor City of Seward,Alaska City Council Minutes September 9, 2013 Volume 39, Page 2) In Section R402.1 Wood foundations, add a new subsection to read: "R402.1.3 Restraint for wood foundations. Basement. A 4-inch thick concrete slab poured against the studs. If a wooden screed is used, it shall be pressure treated Douglas for or hem fir. Crawlspace. Option 1. A minimum 5-inch wide by 4-inch deep concrete curb poured against the inside face of the studs. The kicker shall be reinforced with a continuous horizontal No. 3 reinforcing bar. If the kicker is not poured with the continuous concrete footing, it may be poured later provided vertical #3 reinforcing bars x 10 inches long shall be cast into the footing at 2 feet on center. They shall extend 2 inches above the top of the footing. The continuous bar #3 shall be secured to the vertical #3 bars. Option 2. Installation of preservative treated 4"x 4"s with a minimum %"x 12" galvanized anchor bolts at 24"O.C.installed in footing against the inside face of the studs along the entire perimeter. Exception. The above need not apply if a suitable alternative design is prepared by an engineer registered in the State of Alaska and is approved by the Building Official." 3) In Section R403.2 Footings for wood foundations, strike the entire paragraph and replace it with, "Footings for wood foundations shall be in accordance with Section R401.2 Requirements." Motion to Amend Passed Unanimous Motion to Amend (Casagranda/Keil) Amend Ordinance 2013-007 by adding the sentence, "See Section R105.2 for Work Exempt from Permit"to Section 1,Letter C. Motion to Amend Passed Unanimous Consent Main Motion Back On The Floor Enact Ordinance 2013-007 Main Motion Passed Unanimous ab(c7 City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page NEW BUSINESS Resolution 2013-072,Authorizing The City Manager To Purchase A 2013 International Dump Truck For An Amount Not To Exceed $116,000. Motion (Keil/Terry) Approve Resolution 2013-072 Motion to Amend (Terry/Keil) Amend Resolution 2013-072 by adding a new Section 2 to read: "The City Council hereby finds that it is in the public interest to waive the competitive procurement requirements, in accordance with the provisions of Seward City Code Section 6.10.120(B) Exemptions from Competitive Procurement Procedures, which expressly authorizes the city to utilize competitive bids obtained by other governmental units. This purchase utilizes State Contract Award no. CA1793-13, Bid no. 1793." and shift the remaining section down to #3. Motion to Amend Passed Unanimous Consent Niko. Main Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Report on Japanese Delegation Visit from Temporary Deputy City Clerk Jean Lewis. Mural Society Schedule for upcoming trip to Obihiro, Japan to paint and install "Friendship Across Water" Mural at Obihiro Zoo. COUNCIL COMMENTS Keil thanked everyone for a successful Founder's Day celebration. Valdatta thanked the city staff for getting Channel 3 back on the air. Terry thanked Public Works for their work on the sewage lagoon, and the Fire Department and Building Inspector for their work on the International Residential Code. Seaward thanked the community and encouraged everyone to reach out and ask for help if they needed assistance during the rainy season. CITIZEN COMMENTS City of Seward, Alaska City Council Minutes September 9, 2013 Volume 39, Page Tim McDonald sympathized with the residents of Lowell Point and said the sewage in the lagoon was not entirely organic because it included disinfectants and deodorizers. He was also concerned about the condition of the public boat launch ramps at the harbor because they were filled with pot holes. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Casagranda thanked everyone for coming to the meeting tonight. Valdatta supported the suggestion to send a letter to Representative Don Young regarding the airport. EXECUTIVE SESSION Motion (Bardarson/Shafer) Go into Executive Session to discuss reaching a potential agreement with the International Brotherhood of Electrical Workers Local#1547 (IBEW). Motion Passed Unanimous Council directed City Attorney Cheryl Brooking, Assistant City Manager Ron Long, and Utilities Director John Foutz to stay for the Executive Session. Council recessed at 8:56 p.m. Council went into executive session at 9:00 p.m. Came came out of executive session at 9:29 p.m. ADJOURNMENT The meeting was adjourned at 9:29 p.m. Brenda J. Ballou David Seaward Acting City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes September 23, 2013 Volume 39, Page CALL TO ORDER '4Iersw The September 23, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Bob Valdatta Vanta Shafer Ristine Casagranda Christy Terry Marianna Keil comprising a quorum of the Council; and W.C. Casey, Acting City Manager Johanna Kinney, City Clerk ‘010. Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald addressed the council on the possible baseline trail. He recently discovered Homer had a similar trail. McDonald was speaking with representatives in Homer who informed him they were expanding their trail with cruise ship head tax monies. The community's annual Shorebird Festival was dependent on this trail,he noted. He would like to bring this to council again for consideration. It was an important trail and there was precedence in using cruise ship head tax funds for this type of project. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Keil) Approval of Agenda and Consent Agenda The August 26, 2013 Meeting Minutes were pulled from the consent agenda by Council Member Terry. Mayor Seaward added a Mayor's Report under Special Orders, Presentations, and Reports. Motion Passed Unanimous The clerk read the following approved consent agenda items: iirrum■i■ City of Seward,Alaska City Council Minutes September 23, 2013 Volume 39, Page Council appointed Wendy Shaffer to the Seward Planning&Zoning Commission,with a term expiring February, 2016. Council approved Mark Kansteiner, Rose MacSwain,Mary Williamson,James Herbert and Carol Griswold to the Election Board for the October 1,2013 City Election. Council approved Lori Draper,Dorothy Osenga,Marsha Vincent,and Nici Murawsky to the Canvass Board for the October 1, 2013 City Election. Approve the August 12, 2013 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing American Legion Day Recognizing Patriot's Day Chamber of Commerce Report,Cindy Clock stated the Board of Directors invited Bryan Zak of the Alaska Small Business Development Council to their meeting on September 26,2013. On September 13,2013,Christi Bell and Ed Morrison of Strategy-Nets travelled to Seward to assist 'Ned the chamber's Core Group in resuming the implementation of their Seward's Strategic Doing Plan. She thanked Vice Mayor Bardarson, Council Member Terry, Assistant City Manager Long, and everyone else who attended these workshops. Collaboration was encouraged in these workshops. There were four working groups: Seward Marine Industrial Center(SMIC),broadband,alternative energy, and Entrepreneur's Row(industrial/commercial area near Port Avenue). It was generally agreed that the community plan needed to be integrated with the city budget. Clock noted upcoming meetings and events around town, including winter tourism focus groups, Meet the Candidates Night, and the Seward Music and Arts Festival. City Manager's Report,Acting City Manager W.C.Casey stated the following purchase orders had been approved by the City Manager since the last council meeting,all through the Electric Department: Shoreside Petroleum, $16,610.37 for generators while painting transformers;Alaska Directional,$24,250.00 Boring on Scott Way for city system improvement for Bear Creek Volunteer Fire Department; Alaska Directional - $37,875.00 Boring on Rough Drive for city system improvement in Lost Lake Subdivision; and a change order had been signed for the foundation contract for $29,815 for foundation insulation and vapor barriers for the new warehouse project. In Public Works, the department had received delivery of the new dump truck. Road sand was being prepared for the slick season as well as ongoing tire changes and general winter preparations. Water/Waste Water personnel were flushing sewers and various hydrants which may be causing some localized cloudy water. Staff was researching and working with a consultant on options, costs, and permit stipulations for addressing the Lowell Point Waste Water Lagoon issue. Bids were received for the City Hall Annex (the Old Library) refurbishment to ready it for City a \c) City of Seward, Alaska City Council Minutes September 23, 2013 Volume 39, Page Electric and Community Development offices to move in.Work was set to begin immediately. The department was starting the interview process for the open Equipment Operator/Mechanic position. The Electric Department had four outages or trouble calls since the last council meeting, affecting eight users. The Seward High School engineering class enjoyed a field trip visit to the Fort Raymond Generator Facility. As of September 20,2013,three of the four transformers were painted. The fourth, and final,transformer was scheduled to be done September 24, 2013. All outages and generation events were complete for this project. The test results indicated the transformers were in good condition; however, the tests showed some issues which will be addressed by the Electric Department during construction season of 2014. The department continued to work until freeze-up and try to complete as many new requests as possible. In the Harbor Department, Moffatt Nichol Engineering Firm was writing a preliminary design report for the 5-ton crane. It was due to be finished October 10, 2013. The contract amount was just under$4,000. The budget adjustment to correct the electrical charges on Z Float would be submitted to council on October 14,2013,as well as the approval of the 2014 and 2015 Harbor Tariffs. The wash-down slab cure time was just about over. The crew started the two pressure washers and recycling system and it all worked smoothly. The preliminary cost of asbestos abatement in the Harbormaster restrooms was $36,000, which exceeded the grant's budget for this project. In the Library,high numbers attended the first Story Time of the season on September 13, 2013. A Community Book Club met every other month and anyone could join. Museum hours were reduced during the winter to Saturdays from 1:00 p.m. -to 5:00 p.m., starting October 5, 2013 and would be free to the public. Parks and Recreation was preparing to close for the regular season and changing over to off-season/winter camping at the end of the month. Department staff added D-1 material to the potholes in the Resurrection Campgrounds. Casey noted congratulations were in order to employee Mark Stauble and Two Lakes Park,both of which received a Facility Excellence Award at the Alaska Recreation and Park Association Conference on September 13,2013. The Teen and Youth Center was busy with upcoming events, such as the First Friday Masquerade Fun and middle school dances. Sports and Recreation was preparing for winter sports leagues and fall events like the Halloween Carnival,Family Masquerade Ball and Glacier Family Medicine Pumpkin Prowl. In response to Shafer, Casey stated that sludge removal at the Lowell Point Lagoon was the first task at hand in his department, which was initially estimated at $900,000 (hauling and permitting included)for this alone. In response to Terry,Electric Utility Manger John Foutz stated he intended to discuss the department's proposed changes to the Sea Lion Avenue construction to the Seward Site-Based Council. Foutz said he'd been in discussions with the borough to produce better visibility. Terry wished they would continue to check in on those improvements. Casey said the snow blower was ready for the season. Shafer asked if they knew anything about the crane for the harbor,how that was going. Casey said they contracted for a design report for the crane,and he was thinking the logistics would be prepared in a report next month. Keil wanted clarification on the rumors going around town that the city wanted to take over the animal shelter to become a kill shelter. Police Lieutenant Butch Tiner stated that was not his recollection and council could designate it as a no-kill shelter. %ow Mayoral Report,Mayor David Seaward thanked Jim Herbert,city's representative for the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC) on his latest report \\ Irerror City of Seward,Alaska City Council Minutes September 23, 2013 Volume 39, Page submitted to the council. Seaward had just returned from Obihiro for the mural exchange and thanked all the delegates who helped make this event a success. It was a great trip and would not have been possible without the funding from the tax payers. Seaward thanked them and the council for the appropriation for him to attend the unveiling. The mural was very large and Seaward recited the speech he gave in Obihiro during the unveiling. Other New Business Approve the August 26, 2013 City Council Regular Meeting Minutes. Motion (Terry/Keil) Approve the August 26, 2013 City Council Regular Meeting Minutes Terry stated she pulled this item from the consent agenda because in the manager's report, the figures given to council were deemed incorrect, and she did not want it part of the official, permanent record. Motion to Amend (Terry/Keil) Amend the August 26, 2013 City Council Regular Meeting Minutes, by striking the following language from the City Manager's Report: .as follows: `41.100 Amount Comment Stte $43000 - Original Building 7 $-1-4-57500 Rattel-Steel-Budding Peundatien-Drowings7Insuk Change-4 $1,914 Upgrade insulated-Panels-and-Reef Change-#2 $-1-2-17600 (R25,R3$) Shipping-for-Building $27,979 Seattle-to-Sewardrestintate Design-siterPrepare-SkeT Giv44Site-Work,Feund, W3,1-90 Censtfuet-Peondation Ex-panded-parking-letrper engineer's-requirement Change 112 $28,750 : Gleat-buried-sturnpsreest Change 113 unknown light $4783000 Change 111 $42400 Arehiteetoral-SOFV4605 Roll-up-deers $37,312 Allegreaa-Deerrinstalled •- :--- :: . : $10,750 (Only respondent) $47000 Pieuteseert Eleel*-DaYten-stYle-GSS $ 00 Mount(4) Tetal-Ceminitmem-Se-Filf $1,411,025 - City of Seward,Alaska City Council Minutes September 23, 2013 Volume 39, Page %or Motion to Amend Passed Unanimous Consent Main Motion Passed Unanimous Consent Discussion on converting water meter readers. Valdatta would like new construction for automatic water meters. He felt they should give businesses a time period to convert to a newer system of metering water usage. It was not a hardship to change the meter. He felt it needed to be a code change. Casey said this discussion had come up before,and he talked about this recently with his crew. They had read outs on one-half to two-thirds of the meters in town. The department still went inside and checked against the master meter, because they weren't always the same. It behooved the crew to keep track of what was going on with the plumbing in the building to compare the master meter with the outside meter. Terry said if it was a code or tariff change,they should be incentive-based, instead of punitive, and whatever legislation was written should be from a "this point forward" position. Council directed administration to bring forward some cost estimates on such a project. Reschedule the work session to discuss transient merchants on the South Harbor Uplands. After some discussion,council directed the City Clerk to bring this item back for rescheduling at the November 25, 2013 meeting. INFORMATIONAL ITEMS AND REPORTS -None COUNCIL COMMENTS Bardarson welcomed the Coast Guard ship in town. She was glad the mural project went well and she thanked the Seward Arts Council for the upcoming Music and Arts Festival. Keil encouraged everyone to go out and vote October 1, 2013 or vote early. She thanked those who worked on the garden at the library. Shafer liked idea of working with the chamber before they set the two-year budget, as mentioned tonight. They could be proactive rather than reactive. Valdatta said for the last three years Hertz was directing cruise ship traffic and passengers. The Hertz representative, along with the Alaska Railroad and the Longshoremen did a great job of this. Terry welcomed the Coast Guard Healy members to Seward. She thanked Wendy Shaffer for applying to the Planning and Zoning Commission and also thanked the election and canvass board members. Terry thanked Jim Herbert for representing Seward so well on the Prince William Sound Regional Citizen's Advisory Council and also John French,his predecessor. She agreed with that Kerry Martin was a super volunteer. X3 City of Seward,Alaska City Council Minutes September 23, 2013 Volume 39,Page City Clerk Johanna Kinney reminded everyone of the upcoming budget work session September 24, 2013, Meet the Candidates Night September 25,2013,and if anyone had election or voting questions to please contact her office. Seaward said the city should have a display at the library of all the gifts from Obihiro year round. The City of Kenai was also having a community mural next year, and he encouraged the council and community to be involved in the mural location for when Obihiro reciprocates. CITIZEN COMMENTS Tim McDonald stated winter was coming fast and he noticed a lot of potholes on Adams Street. He noted they were using some concrete and recommended staying with that as it was much stronger. He was concerned with the Sewage Lagoon at Lowell Point. He wondered if they needed to look at a new sewage plant if the current lagoon was too antiquated. He would like to hear more information on the current system. Wolfgang Kurtz stated there was a community advisory board meeting for the local radio station on September 24, 2013. There was a big push to get things moving and he would like some help and encouraged involvement. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Valdatta said they should repair the airport runway and build the proposed baseline trail in that area. Seaward asked for clarification on the two million dollars coming available for roads. Keil added they would be used during the next fall. He was glad to hear the funds were going to be used for roads within the next year. ADJOURNMENT The meeting was adjourned at 8:17 p.m. Johanna Kinney David Seaward City Clerk Mayor (City Seal) *41lid av-■ REPORT OF ELECTION CANVASS BOARD We, the undersigned, duly appointed at the Regular Council Meeting on September 23, 2013, do hereby certify that we have examined in detail all absentee and questioned ballots, original and duplicate tally sheets and questioned registers from the City of Seward Precinct. Upon completion of the canvass, it is our opinion that the attached summary of election returns, as compiled by the City Clerk, accurately reflects the totals shown on the Certificate of Election Returns (ballot statement) by the election board of the voting precinct for the October 1, 2013 Election. Dated this 7th day of October, 2013. nn r �' �= � �. �r.� - (I_ (),k_ c-re.1 (Attach Final Certificate of Results) 5 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 1, 2013 The City Canvass Board has completed their review of all absentee and questioned ballots of the City of Seward Regular Municipal Election held October 1, 2013. Their totals are: {Note: Total Counted plus Total Rejected =Total Voted Report of Absentee and Questioned Ballots Absentee ballots voted 45 Questioned ballots voted 7 Special Needs ballots voted 2 Total Voted 54 Rejected Not registered, registered too late or registered out of City 3 Form not completed properly 0 Signed/witnessed after Election Day 0 Total Rejected 3 Counted Absentee 45 Questioned 4 Special Needs 2 Total Counted 51 '44.00 Page 1 avo Final Certificate of Results Regular Municipal Election Tuesday,October 1,2013 Page 2 The Election Day results, after canvassing are as follows: Three City Council Seats Available (Two-Year Terms) Election Day Votes After Canvass Votes Total Votes Bob Valdatta 209 32 241 Vanta Shafer 242 31 273 David Squires 273 37 310 Christy Terry 290 38 328 Write-Ins 11 2 13 One Mayor Seat Available (Two-Year Term) Election Day Votes After Canvass Votes Total Votes Jean Bardarson 306 42 348 Tim McDonald 77 8 85 Write-Ins 9 1 10 A total of 399 people voted at this election plus 51 counted absentee votes =450 Total. Upon completion of the canvass, it is our opinion that the attached summary of election returns compiled above accurately reflect the final totals for the Regular City Election held October 1, 2013 in the City of Seward, Alaska. Dated this 7t! of October, 2013. \ ) ---79i‘tAxat-ec_ ilkuaz,"-- Memorandum Meeting Date: October 14, 2013 t 40c SQ' , To: Seward City Council %i' a Through: Ron Long, Assistant City Manager �[ P From: Donna Glenz, Planner> tt Subject: Status update for the All Hazard Mitigation Plan, Annual Report to the National Flood Insurance Program Community Rating System The revised Seward All Hazard Mitigation Plan was adopted by Seward City Council Resolution 2010-030, on April 12, 2010. The Seward plan was annexed to the Kenai Peninsula Borough Mitigation Plan and received final approval by FEMA on August 25, 2011. This report has been compiled through the review of City Manager reports to Council and discussions with City departments. For credit under the Community Rating System, this memo must be distributed to the media and made available to the public. It is being sent to the Seward Phoenix Log, and the Seward Journal. Copies of this review are available at the Community Development Office in City Hall and posted on the City of Seward official website. Nod Review of the Plan's Potential Projects: 6A—Potential Projects The following list is based upon city staff analysis of vulnerabilities and mitigation measures for known hazards in the Seward area.Prioritizing the list will depend on future disasters and the needs of the community. Inclusion of short and long term projects is consistent with the state hazard plan. • Short-term projects are those which could be accomplished within a two year time period. • Long-term projects will take longer than two years and/or depend on other projects being accomplished first or substantial funding resources. • [Responsible Department, Agency, Organization] Project Listing(not prioritized): 1. Identify additional hazards not covered previously and conduct a risk analysis within a two year time period. (Short Term) [Mitigation Planning Team under Fire Chief] ✓ This item is a continual work in progress;additional individual specific hazards have not been identified and added to the plan. 2. The current Flood Insurance Rate Maps are very outdated and are in need of updating to address the following items. (Long Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] • 1981 maps need to be reevaluated with 23 years of additional data. The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula Borough, the State ofAlaska, Region X FEMA and the City of Seward held numerous meetings and teleconferences in the process of adopting new flood maps. New DFIRM maps replaced the 1981 FIRM Maps, effective on September 27, 2013. 3. City of Seward should evaluate the benefits of applying to FEMA to join the Community Rating System (CRS). (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] • This item has been completed. The City of Seward currently holds a CRS rating of 7. 4. City staff should work with adjustors on the CRS to reduce interest rates. (Long Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] • This item is an ongoing project. Staff continues to work with the NFIP to increase the community's rating. 5. Information on how to obtain insurance from the NFIP should be provided to private property owners. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board, Chamber of Commerce] 1. This item is an ongoing project. Annual letters are mailed to property owners within the mapped flood hazard areas. Also to developers, contractors, insurance agents and realtors. 6. Publish a brochure containing information on the City of Seward flood dangers to be distributed to the community. (Short Term) [Planning Department, Flood Administrator, Seward Bear Creek Flood Service Area Administration and Board, Chamber of Commerce] N( This item is an ongoing project. Numerous public information brochures are available through the Seward Bear Creek Flood Service Area Board and the Community Development Office. 7. Require that realtors disclose hazard risk in real estate transactions. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board, City Legal Department, City Administration] ✓ This is an ongoing project. Through education and annual mailings the realtors are provided flood hazard information. 8. Bring a flood-proofing workshop to Seward to assist the City and private property owners. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] \ *\ This item is an ongoing project. The Community Development office participated in an All Agency Public Information Day workshop,providing information to the public on May 15, 2013. ■0001 9. Reevaluate land use codes and subdivision regulations that are specific to development within the flood prone areas. (Short Term) [Planning Department,Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] ,t The Planning and Zoning Commission continues to hold public meetings and work sessions to reevaluate the land use codes and subdivision regulations. The Floodplain Development portion of the code has been updated with the newly adopted DFIRM maps, which became effective September 27, 2013. City Ordinance 2013-010 amended the code and was approved by City Council on July 8, 2013. 10.Mitigate damage to roads, drainage and utilities by requiring that storm reconstruction be done to a higher standard. (Long Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board, City Legal Department, City Administration] / This item continues to be accomplished with ongoing projects. Continued updates to the Council through the City Manager reports have been provided on the Dairy Hill culvert replacement, a Hazard Mitigation Project. The US.Army Corp of Engineers is working with City Administration to identify feasibility funding for the Lowell Canyon diversion tunnel. Continuing repairs include the Lowell Creek bridge pedestrian path, Lowell Point Road landslide and the Spruce Creek Sewer. 11. Revise the flood plain ordinance to include a provision for cumulative substantial improvement or damage. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board,City Legal Department, City Administration] 1 This item has been accomplished in the Floodplain Development portion of the code through the recent DFIRM map update, which became effective September 27, 2013. City Ordinance 2013-010 amended the code and was approved by City Council on July 8, 2013. 12.Properties should be identified that would be appropriate for protection because of flood risks,and after public input,acquisition,conservation,or flood hazard protection regulations by the government should be pursued. (Long Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board,City Legal Department, City Administration] • Portions of this project have been completed. Parcels have been purchased and protected within special flood hazard areas. No new land acquisitions were made during the past year. 4.100 13.Require buildings to be built with the lowest floor one foot above base flood elevation. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board, City Legal Department, City Administration] v' This item is a continuing project. Progress has been made through the Floodplain Development portion of the code and the DFIRM map updates, which became effective September 27, 2013. City Ordinance 2013-010 amended the code and was approved by City Council on July 8, 2013. 14.Improve enforcement of floodplain regulations, including requiring certificates for all structures within the flood plain. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board,City Legal Department, City Administration] • This item is a continuing project. All structural development within the Floodplain is required to submit an Elevation Certificate before the Certificate of Occupancy is issued. 15.Continued maintenance of the Resurrection River drainage. In conjunction with Kenai Peninsula Borough, conduct an engineering study to determine the most effective use of the dredge materials from the maintenance dredging. (Long Term)[Planning Department,Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] • This is an ongoing project. The City partnered with the Seward Bear Creek Flood \kw, Service Area on the US. Army Corps of Engineers, Planning Assistance to the State Study, US. Army Corps of Engineers Section 205 on Japanese (Japp) Creek — possible sediment management plan. 16.Continue Lowell Creek Tunnel outflow maintenance. (Short Term) [Planning Department, Flood Plan Administrator, Seward Bear Creek Flood Service Area Administration and Board] • This is an ongoing project. City Administration is working with the U.S.Army Corps of Engineers through a contractual relationship to provide tunnel inspection and maintenance. 17.Expand public awareness about NOAA Weather Radio for continuous weather broadcasts and warning tone alert capability. (Short Term) [Fire Department] ■( This item is an ongoing project. Weekly test announcements are broadcast to the public,providing information and awareness. 18.Identify buildings or locations vital to the emergency response effort and buildings or locations that,if damaged,would create secondary disasters.(Short Term)[Fire Department, Police Department] "41■10. DA\ WM. ✓ This is an ongoing project. GIS mapping of vital structures, evacuation routes continues to be updated and enhanced. 19.Encourage real-time availability and use of satellite data to evaluate fire, spruce bark beetle sad killed forest,and flood or tsunami potential.i.e.EMW1NS,Kenai Peninsula Borough Spruce Bark Beetle. (Long Term) [Planning Department, City GIS staff] ✓ This is an ongoing project with the availability of GIS mapping information. 20.Encourage Kenai Peninsula Borough school mitigation efforts. This measure will increase help to protect children and retain a school's functionality as an emergency shelter. (Long Term) [City Administration] ✓ This is an ongoing item. City Fire department and Administration work with the Kenai Peninsula Borough school systems to insure the availability of the schools as emergency shelters in accordance with the Emergency Operation Plan. 21.Encourage non-structural mitigation and preparedness activities.Encourage activities at the household level. (Short Term) [Fire Department] ,( This is an ongoing item, with continued education and public information provided via, staff, radio, mailer, website, and email.Additional public information has been provided via an interactive tsunami information kiosk at the new Seward Community Library&Museum.Funding was provided by the Department ofHomeland Security. 22.Conduct city-wide earthquake/tsunami drills.Citywide earthquake/tsunami drills will educate NINO0 people on what to do when an earthquake/tsunami occurs and reinforce interagency and individual expectations. (Long Term) [Fire Department, Police Department, Emergency Dispatch] ,7 The City of Seward participated in the Alaska statewide exercise ofAlaska's tsunami alert system on March 27, 2013. 23.Encourage the development of earthquake structural performance standards and incorporate earthquake overlay zones in the community land use ordinances.Encourage the development of citing requirements based on soil type, slope, and other considerations. Before this can happen, information about where the various risks are located must be developed. (Long Term) [Planning Department] 1 This is an ongoing project with the availability of GIS mapping information. 24.Promote incorporation of new methods to improve building performance.New materials and construction techniques might be more effective or feasible than what is currently available. (Long Term) [Planning Department] 1' This is an ongoing project with the Building Department research and available 114110 information. 25.Evaluate the need for development of large-scale earthquake-hazard maps of the Seward areas. Seismic hazard area maps need to be created for the area.The maps should depict site amplification, liquefaction susceptibility, and ground failure at a minimum scale of 1 inch= 1 mile. (Long Term) [Planning Department] %ow ,7 This is an ongoing project with the availability of GIS mapping information. 26.Publish Tsunami Inundation Maps.Revise maps after a significant event or natural disaster. (Long Term) [Fire Department, Planning Department, DHS&EM] • This is an ongoing project with the availability of GIS mapping information. The City of Seward has worked with the University of Alaska, Fairbanks on Tsunami mapping and received mapping based on the best available information. Maps have been made available to the public. 27.Improve the Lowell Creek diversion project by reassessing the best route for creek diversion, renovation of the tunnel and development of a new outfall. (Long Term) [Planning Department, U.S. Army Corps of Engineers] • This is a long term project with the Army Corp of Engineers. 28.Identify and advise of avalanche/landslide areas within the City of Seward for potential community development. (Short Term) [Planning Department] ✓ This is an ongoing project with the availability of GIS mapping information. Work Nur and danger signage has been placed along Lowell Point road and at the base of Mount Marathon. 29.Encourage the Kenai Peninsula Borough to include service areas outside of City of Seward city limits in this plan. [City Administration] • The Seward annex to the Kenai Peninsula Borough Mitigation Plan was approved by FEMA on August 25, 2011 but the five year expiration date is July 14, 2016. Since the Seward plan is annexed into the Kenai Peninsula Borough plan, its expiration date aligns with the borough expiration date. This is the same with all of the other incorporated cities in the borough. "tier October 2013 October 2013 November 2013 SuMo TuWe Th Fr Sa Su Mo TuWe Th Fr Sa 1 2 3 4 5 12 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Sep 30 Oct 1 2 ' 3 t4 Election Day 12:00pm PACAB Mtg 7:00pm P&Z Mtg 5:30pm Seward Rereat 6:00pm Lowell Point Lz 6:15pm HP WS;Library o_ 7 8 9 10 jii N 0 14 15 16 17 7:00pm CC Mt.g._ 6:00pm P&Z WS 12:00pm PACAB Work S ALASKA DAY;OFFICES L. Noir 6:00pm Seward Recrea co U 0 21 22 23 24 125 LtiN N 0 • 29 30 31 Nov 1 7:00pm CC Mtg.„) co c.1 Nanci Richey 1 10/9/2013 1:05 PM ‘D•LA, November 2013 December 2013 November 2013 Su Mo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 12 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 411111/ 24 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursday Friday Oct 28 29 30 31 Nov 1 > 0 z co 0 4 5 6 7 8 • 12:00pm PACAB Mtg 7:00pm P&Z Mtg 5:30pm Seward Rereat co0 z 11 3.,( 2 13 114 15 CVETERAN'S DAY;OFFI r 7:00pm CC Mtg 18 19 20 21 22 6:00pm P&Z WS 12:00pm PACAB Work S 6:00pm Seward Recrea 6:30pm HP Mtg co > 0 z 25 26 27 28 29 7:00pm CC Mtg....) '•THANKSGIVING;OFFII • THANKSGIVING HOLI a, 0 Nand Richey 1 10/9/2013 1:05 PM D,D•C