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12142015 City Council Packet
Seward City Council Agenda Packet .. , ,. . •%4%.k i-411 i o ► _ 3 I 1;:-' `" .i=� If fl OVERSIZE 4( . w -' ,lailiEli h Merry Christmas Everyone December 14, 2015 City Council Chambers Beginning at 7:00 p.m. The City of Seward,Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} December 14, 2015 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2017 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2016 speak Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2016 asterisk(*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is David Squires returned to the Regular Agenda] Council Member Term Expires 2017 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Dale Butts A. Proclamations and Awards Council Member Term Expires 2016 1. Recognition of Eric Wohlforth for city legal services....... Pg. 4 Sue McClure B. City Manager's Report Pg. 5 Council Member C. City Attorney's Report Term Expires 2017 D. Other Reports and Presentations Deborah Altermatt 1. Seward Marine Terminal Expansion Plan Project Council Member Presentation. Term Expires 2017 2. AML Travel Report by Mayor and Council. James Hunt City Manager Johanna Kinney City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda December 14, 2015 Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring A Public Hearing 1. Resolution 2015-108, Authorizing The City Manager To Enter Into A Lease Amendment No. 2 Of Lease Agreement 97-106 With Richard Worabel And Linda Worabel For Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City Of Seward, Alaska According To Plat No. 2000-19 Seward Recording District Third Judicial District, State Of Alaska To Extend The Term Of Their Lease By Thirteen Years, To Add Two Thirty-Three Years Options, And To Add Their Daughter Jennifer Worabel To The Lease Pg. 11 2. Resolution 2015-109, Recommending The 2016 Harbor Tariff Be Amended By Changing The Waitlist Vessel Size For A-Float, Eliminating The 17 Foot Waitlist Adding A 50 Ton Travelift Water To Water Maintenance Lift, And Other Clarifications . Pg. 54 3. Resolution 2015-110, Rescinding Resolution 2015-087 And Authorizing The City Manager To Enter Into A Special Contract With Icicle Seafoods, Inc. For Discounted Electric Rates For Seward Fisheries Pg. 102 8. UNFINISHED BUSINESS—None 9. NEW BUSINESS A. Resolutions *1. Resolution 2015-111, Authorizing A Contract Through December 31, 2017, With All Alaska News Unlimited, LLC For Display Advertising In The Seward Phoenix Log At A Rate Of$240.00 Per Week . Pg. 115 *2. Resolution 2015-112, Urging The Alaska Legislature And Governor To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2017 State Capital Budget . Pg. 122 *3. Resolution 2015-113, Adopting An Alternative Allocation Method For The FY2016 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area Pg. 127 B. Other New Business Items *1. Cancel the December 28, 2015 City Council Meeting Pg. 132 2. Mayor appoint a member of the Council to receive the completed evaluation forms and tabulate the results prior to the formal evaluation sessions for the City Manager, City Clerk, and City Attorney Pg. 133 3. Schedule a work session on Motor Pool capital outlay. City of Seward, Alaska Council Agenda December 14, 2015 Page 2 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. City of Seward and Providence Seward Medical and Care Center Financial Reports for September, 2015 . Pg. 134 B. 2015 City of Seward Third Quarter Taxable Sales Report . Pg. 190 C. Port and Commerce Advisory Board Resolution 201 5-003, Recommending To The City Council Approval Of A Five Ton Crane Located On I-Dock And To Pursue Funding Sources To Complete This Project Pg. 193 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda December 14, 2015 Page 3 PROCLAMATION WHEREAS, on July 25, 1983 Eric Wohlforth spoke before council for the first time as a bond attorney for SunEel Alaska to advise on amending the City Charter to allow for bond sales; and WHEREAS, on May 23, 1984 the City Council unanimously appointed the firm of Wohlforth and Flint as bond counsel for the City of Seward for the City Industrial Development Bonds; and WHEREAS, on October 11, 1985 Wohlforth and Flint was retained as bond counsel for the Spring Creek Correctional Facility Lease Certificates; and WHEREAS, on February 8, 1993 the City Council voted to award the contract for city attorney to Wohlforth, Argetsinger,Johnson and Brecht with Resolution 93-018;and WHEREAS, on July 22, 1996 Eric Wohlforth became lead attorney for the City of Seward following the resignation of Tom Klinkner from the firm; and WHEREAS, throughout the years since, Mr. Wohlforth has overseen many varied legal affairs of this continuously developing community, including: • Alaska SeaLife Center and SAAMS • Army and Air Force Recreation Camps • Providence Hospital, Mt. Haven and Community Health Center • Shellfish Hatchery • Harbor Expansions and Cruise Ships, among many others. NOW, THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska do hereby express my sincere appreciation to Eric Wohlforth and warmly thank him for his years of steadfast and loyal service as City Attorney for the City of Seward. Dated this 14th day of December, 2015 THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor CITY OF SEWARD Jim Hunt, City Manager P.O. Box 167 Telephone (907) 224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT November 3rd thru December 4th, 2015 The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: Elec Dept Wesco 500 KVA Transformer $13,318.00 Elec Dept Anixter 15KV Wire $15,300.00 Elec Dept Vermeer Chipper/ Shredder $39,938.95 Roads & Streets Goodyear 6 loader tires $15,235.00 ADMINISTRATION • Attended AML • Networked with persons with current and future economic interests in Seward • Attended Alaska City Manager's Association meetings/seminars. Nominated to represent Association on AML Board • Spoke to member of Governor Walker's Administration about Lowell Canyon Army Corps study • Follow up with Army Corps regarding study match funds • Attended Fish Expo in Seattle • Meeting with multiple department heads • HARBOR • Harbor/Water department continues to winterize the water and sewage systems. The Harbor still has three winter locations available for water and one winter location for sewage. • Harmon Construction/Metco started installing the new water line and new rip rap to protect the North East Fish cleaning station floats. • We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project on 10/29, 11/5, 11/12, 11/19 and 12/3. Hamilton Construction is starting to stock pile rock on the North Dock. • On 12/3/2015 a portion of the new floats and piling arrived at Sampson(railroad dock), they will be stored on the South Harbor uplands. • Harbormaster Regis flew to Seattle to inspect the new floats for the A, B, C and S-float replacement project. The City electric department finished installing new service to the Jack-up rig at SMIC. • Water department repaired the broken water main to the South Harbor uplands restroom. • SMIC wash-down pad is closed down for the winter. PUBLIC WORKS • Digging has slowed and is on a"weather dependent" basis. • Water at the campgrounds/docks is off and winter preparations are done. • The NSWST is still progressing well. • Winter preparation around the shop. 5 • Met with DOT and provided documentation from Dryden & LaRue for the Certification of our Public Rights of Ways. DOT has submitted a Notice of Intent to begin Engineering and Environmental Studies,providing proper notice to the public, agencies and other stakeholders. • Working on the elevator contract extension with Arctic Elevator. Will issue an RFP in December as this contract expires in March 2016. • Thanksgiving Day quite a bit of debris flowed through the Lowell Creek tunnel. Staff worked most of the day to clear the channel and is working to finish clearing the excess debris, the bridge is okay. • The insulation and skin covering the North Seward Water Storage Tank is being installed. The project is coming along nicely and on track to be completed on time. • Water lines have been flushed and are winterized for winter. • Requested an extension and change in the Scope of Work from FEMA to complete the Dieckgraeff road culvert project. PARKS & RECREATION • Auto Tech Turkey Shootout Tip-off: Saturday November 28th at the Seward High Gym. B&C division teams are invited to a double elimination invitational tourney in Seward. Cash prize for the winning team if six teams participate. 1st& 2nd place prizes, team sportsmanship award and all-tournament team MVP. Special rates available at the Breeze Inn and the winning team stays for free. Apollos restaurant will be offering special discounts for participating teams. Entry fee: $380 per team, call 224-4054 or email Robert Perea at rperea@cityofseward.net for more info. • Urbach's Youth Basketball Kick off the season with a free basketball Jamboree Sat, Jan 9th! Player will meet the coaches, go through drill stations, work on skill development and scrimmage. League begins Jan 24th through Mar 21 for pre-school ages through 5th grade. Early bird fee due Dec 11th, sign up by Dec 18th to receive a complimentary team jersey. • Rock Wall at the AVTEC Gym The Rock Wall is open Wednesday 6:30— 8pm, and Friday nights from 7 to 9pm come and enjoy a night of climbing. The rock wall is looking for volunteers to help others learn the safety rules, and help other climbers belay. If you are interested in being a rock wall volunteer, please contact Robert at 224-4054. Robert or Jamie can train you on how to be a successful rock wall volunteer. When you volunteer to work the rock wall you do so for free. As an added bonus... every time you volunteer you can come in another day and climb the wall for free! • Sports and Rec Annual Passes 1/2 price the month of November! Through November Annual Passes are on sale for only$99 (regularly$200). Sports & Rec offers a variety of activities including: Open gym, volleyball,basketball, racquetball, pickle ball, roller skating, kid's gym, rock wall (additional fee), sauna and weight room. S&R is located at the AVTEC Gym and hours are Mon—Fri 2—9pm; Saturdays: loam to 6pm and closed Sundays. Call 224-4054 or visit our website at www.cityofseward.us and like our facebook page under Seward Recreation. • Rotary's Breakfast with Santa Sat, Dec 19th @ the Senior Center, enjoy a delicious homemade breakfast with the big guy! Complimentary pictures with Santa, candy canes and holiday goodie bags for the kids. Limited Seating, purchase tickets by Dec 18th before 5pm, tickets available at TYC, Sports & Rec or City Hall utility counter. Call Shari at the Teen Rec Room for more info, 224-4057. 1st seating— 9am to 10am; 2nd seating 10:30— 11:30 am. • Teen Rec Room 'TRW —where your friends are The Teen Rec Room located at 336 3rd Ave(Above the TYC) is open to middle school 2:30 to 6pm Tue—Fri and High School grades 9— 12; Tue-Thu 2:30— 10pm; Fri 2:30 to 11pm & Sat 5:30 to 11pm. This free program is open to Teens free of charge `P offering ping pong, Skee ball, computers,Xbox,pool tables and more. Call 224-4056 for more info or stop by and see us! Offsite activities include dodgeball at AVTEC,Roller Skating,Rock Wall, Basketball tournaments, shuttles to Seahawk games and much more. Come hang out with us! • TYC After School Program TYC After School Program is in full swing. Grades K-5 are welcome to join us for some activities and excitement after school Monday—Friday. We offer a wide variety of activities daily including crafts, sports, cooking and team challenges. We offer homework help Monday —Thursday from 3:30-4pm and Participation in The Activity Challenge every day will earn you awards. We also offer"Schools Out"Day Camps, Programs on Early Release days and Winter/Spring Breaks. Scholarships applications are available,just ask Josie. Call 224-5472 • Middle School After Hours at the TYC begins at 6pm- 10pm Tuesday—Friday and 5:30-10 on Saturday. Activities include Crafts on Tuesdays, Cooking challenges or gym time on Wednesdays,Thursdays hosts Tournaments, and Fridays are special events. Saturdays are"Up for Grabs". We welcome all kids in Grades 6-8 to the TYC After Hours Program. And don't forget the Teen Rec Room is open after school from 2:30-6pm for afterschool activities for Middle School aged kids as well. Call 224-5472 • We are working with the American Legion to give our overseas servicemen holiday cards. • Breakfast with Santa tickets are now on sale at the Sports &Rec, TYC and City Hall. Will be held at the Senior Center Sat,Dec 19th • The Teen Rec Room continues to hit a record numbers. Attendance numbers are averaging 30- 50 Middle&High School Students Tue- Sat. • Removal of hazard branches and cottonwood trees at First Lake Park entrance. Trees and branches were threatening AVTEC's First Lake facility and parking areas. Thanks, Harbor Department for the use of the bucket truck. • Regular snow and ice removal from bike paths and sidewalks were noted and complimented by the public to the City Manager's office. • Fall inventory and maintenance. • A small,handful of weekend campers use Waterfront Park camping. LIBRARY&MUSEUM • Staff Update: We are pleased to announce that Annie Martin, who joined us as an Aide in September, is our new Program Coordinator. She has strong programming experience, a fantastic museum background, and lots of enthusiasm and energy. We are also pleased that Michelle Quinn,who has served our community with great cheer and enthusiasm as temporary staff through the summer, is our new Aide. Both Annie Martin and Donna Evans have completed their Passport Agent training. • Dir Lead: Director Kingsland joined 20+Alaskan library directors in Girdwood in October for two days of training with the Institute for Participatory Management and Planning for community engagement and consent building. Training and travel were paid for by a grant through the Alaska State Library. • Disaster Preparedness: Heather McClain attended Are You Ready? Testing Disaster Preparedness, a free workshop focused on internal disaster planning for museums in Fairbanks on Oct. 14th. Kingsland attended the city sponsored Coastal Community Resilience and Tsunami Awareness training on Oct. 26- 27th,which focused on community planning. • Other Training: As an administrator of our local historic preservation commission, Kingsland attended a day of the Alaska Historic Preservation Conference in Anchorage which also featured presentations about heritage tourism. She also attended a three day weekend Conflict Resolution Skills/Alternatives 3' q to Violence Basic Workshop in Anchorage by the University of Alaska Anchorage Center for Human Development. Travel to both was at her own expense. • Community Book Club: The next Community Book Club selection is Shipping News by E. Annie Proulx. Books are available for check out and the discussion will be held on Tuesday,December 8th, 6- 8 pm. • Story Time: We thank Jenn Appel and Carol Conant for volunteering to cover Story Time when staff wasn't available. We also thank the Seward Fire Department for joining us in with their gear and fire truck to teach us about fire safety. Story Time is held through the winter season each Friday at 10:30 am,unless closed for a holiday. • Other Programs: We look forward to the return of Community Game Night program in December, Tuesdays, 5-8 pm, and music in the stacks with Live @ the Library this winter. Stay tuned for details. September 2015 Statistics • 13348 Front door Counter • 633 Museum/Movie Admission • 9 Museum research questions • 5 Programs • 14 Passport applications • 21 Notaries • 122 Room Uses • 5 Proctored Exams • 1222 Public computer sessions October 2015 Statistics • 10541 Front door Counter • 190 Museum/Movie Admission • 9 Museum research questions • 5 Programs • 13 Passport applications • 2 Notaries • 103 Room Uses • 17 Proctored Exams • 787 Public computer sessions ELECTRIC- • Number of outages/trouble calls in November: 3 • Number of users affected: 12 • Cause(s)of outage(s): Tree in lines,Blown Fuse • Location(s) of outage(s): Old Exit Glacier, Seward Hwy • Generated for: n/a • Number of new Job Orders started since Jan. 1, 2015: 51 • Seward Power Plant Integration progress update(monthly): (X) Attached Q None • Other items of interest: • The Generator Project is substantially complete. The two generators are moved into the new building and functioning correctly. • The decorative lights are substantially complete. We are having technical issues with one that we are in the process of troubleshooting. The two lights heading east/west on Adams street used different sizes and we are attempting to retrofit these to make them all the same. The strobing light on the corner of Fourth and Adams has been addressed. c6 • The electric department has installed three LED street lights from different vendors to test. They are on the corner of Seward highway and Phoenix, Ballaine and in the alley of 200 block between 2nd and 3rd, respectively. The criteria for which we are judging these on is ease of installation(equating to less cost by way of less crew time)with our current lighting, cost of the lights, support from vendor and availability. • A donation account has been established for anyone in the public wishing to donate funds to hang more bird diverters around the lagoon to additionally ensure the safety of swans and other birds flying in the area. The electric department, at the request of Carol Griswold, estimated how much it would cost to add more bird diverters to the electric lines around the lagoon. If anyone is interested in donating to this cause please contact the utility desk and ask to make a payment to the Swan Diverters donation fund. • The electric department would like to acknowledge Dano Michaud for volunteering to replace the Christmas lights to the tree on the mountain. Thank you to Dano for climbing lliákfastwith an a , Saturday, Dec. 19 the Senior Center Isc Seating-9:00 to 10:00 am 2d Seating-10:30 to 11:30 am Enjoy a delicious homemade breakfast with the big guy! Complimentary pictures with Santa, candy cartes and holiday goodie bags for the kids. Adults - $9.00 Children - $7.00 Children under 9 yrs old must be accompanied by an adult.All attendees require a ticket. Limited seating! Purchase tickets by Dec. 18th before 5:00 pm Tickets available at TYC, Sports d Rec or City Hall utility counter. Sponsored by Rotary Club of Seward d One Shot Photography Hosted by TYC Councils, SPRD&Seward Senior Citizens Center Call Shari at the Teen Rec Room,224-4057 for more information Sludge Removal and Disposal Closeout Prepared by: Public Works Total Estimated Cost of project: $3,998,530 Breakdown of Actual Cost: • Merrell Bros. $2,722,500.96 • ML Foster $88,709.50 • Other* $43,585.14 Actual Cost: $2,854,795.60 Funds Utilized for project: Designated Legislative Grant: $1,300,000 ACWF Loan: $1,554,795.60 City Funds:0 *Other includes: Engineering, Project Management from M.L. Foster, building materials for the pump house and other small miscellaneous purchases. I Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AMENDMENT NO. 2 OF LEASE AGREEMENT 97-106 WITH RICHARD WORABEL AND LINDA WORABEL FOR LOT 9, BLOCK 6, SEWARD SMALL BOAT HARBOR SUBDIVISION, CITY OF SEWARD , ALASKA ACCORDING TO PLAT NO. 2000-19 SEWARD RECORDING DISTRICT THIRD JUDICIAL DISTRICT, STATE OF ALASKA TO EXTEND THE TERM OF THEIR LEASE BY THIRTEEN YEARS, TO ADD TWO THIRTY-THREE YEARS OPTIONS, AND TO ADD THEIR DAUGHTER JENNIFER WORABEL TO THE LEASE WHEREAS, the City is owner of real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, this parcel was leased to Richard Worabel and Linda Worabel in 1997 for a term of twenty years; and WHEREAS, the parties to the lease want to extend the term for an additional thirteen years with two additional thirty-three year options; and WHEREAS, Mr. and Mrs. Worabel also want to add their daughter Jennifer Worabel to the lease; and WHEREAS, the request is consistent with the City's Comprehensive Plan and the Strategic 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 amendment with Richard Worabel and Linda Worabel for the real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska are in the public's interest. Section 2. The City Manager is authorized to execute the lease amendment with the Worabel family 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. Agenda Statement Meeting Date: December 14, 2015 � �' �Ip To: City Council �' � ��ASKP Through: City Manager Jim Hunt From: Harbormaster Norm Regis Agenda Item: Richard Worabel and Linda Worabel Thirteen Year Lease Term Extension for Lease 97-106 at the Seward Small Boat Harbor; Also adding their daughter Jennifer Worabel as an additional Lessee BACKGROUND & JUSTIFICATION: Richard Worabel and Linda Worabel have requested to extend their lease by 13 years with two additional 33 year options (see attachment). If approved, a longer lease will afford greater security for financing purposes. The request also includes the addition of their daughter Jennifer Worabel as a Lessee. INTENT: To approve a lease amendment between the City of Seward and Richard Worabel and Linda Worabel on Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Create a thriving port of 1. Seward through harbor improvements, infrastructure expansion, and X implementation of management plans (page 23). Strategic Plan (document source here): Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. Other (list): FISCAL NOTE: There is no fiscal impact of the proposed amendment. Approved by Finance Department: „9u 4,4,6/ 12- ATTORNEY REVIEW: Yes No X N/A X A comparable lease extension was sent to the attorney for review earlier this year with identical request; the attorney gave his approval for the lease extension. RECOMMENDATION: Approve Resolution 2015- 1 05 authorizing the City Manager to enter into a Lease Amendment with Richard Worabel and Linda Worabel for Lease 97-106 covering Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. It LEASE AGREEMENT between CITY OF SEWARD, ALASKA and RICHARD A. WORABEL and LINDA WORABEL Effective Date: September 24, 1997 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 Survey of Leased Land 2 1.4 Property Accepted "As-is" 2 1.5 Development of Leased Land 2 1.6 Permits 3 1.7 Platting 3 ARTICLE 2 — LEASE TERM 3 2.1 Term 3 2.2 Interim Right to Possession 4 2.3 Lease Subject to Referendum 4 2.4 Options to Extend 4 ARTICLE 3 — RENTAL RATE 4 3.1 Initial Rental Rate 4 3.2 Rental Adjustments 5 3.3 Procedure for Rental Adjustment 5 3.4 Effect of Late Appraisal by CITY 6 3.5 Appraisal by LESSEE 6 3.6 Effective Date of Adjusted Rental Rate 6 3.7 Late Payment Charge 7 ARTICLE 4 — USE OF LEASED LAND 7 4.1 Use of Leased Land 7 4.2 Obligations of LESSEE 7 4.3 No Preferential Rights to Use Public Facilities 7 4.4 Adequacy of Public Facilities 7 4.5 Tariffs and Other Service Fees 7 4.6 Time for Payment of Utilities and Taxes 8 4.7 Other Uses 8 4.8 Use of Public Docks and Port Facilities 8 ARTICLE 5 — UTILITIES AND RIGHTS OF ACCESS 8 5.1 Utilities 8 5.2 Third-Party Improvements 9 5.3 Easements 9 LEASE AGREEMENT September 24, 1997 City - Worabel Page i (c5 ARTICLE 6 — CONSTRUCTION BY LESSEE 10 6.1 Improvements on Leased Land 10 6.2 City Review of Construction 11 ARTICLE 7 — RETURN OF LEASED LAND/SITE CONDITIONS 11 7.1 Return of Leased Land in Original Condition 11 7.2 Return of Leased Land in Different Condition 11 ARTICLE 8 — FORCE MAJEURE 12 ARTICLE 9 — CITY ACTS OF DEFAULT 12 ARTICLE 10 — REMEDIES FOR CITY'S ACTS OF DEFAULT 12 ARTICLE 11 — LESSEE'S ACTS OF DEFAULT 13 ARTICLE 12 — REMEDIES FOR DEFAULT BY LESSEE 14 ARTICLE 13 — TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 16 13.1 Real Property Improvements 16 13.2 Personal Property 16 ARTICLE 14 — SUBLEASE OR ASSIGNMENT 16 14.1 Assignment of Lease or Subleasing 16 14.2 Sublease Consent 16 14.3 Assignment of Lease for Security 17 14.4 Assignment to Affiliate 18 ARTICLE 15 — LESSEE'S DUTY TO DEFEND/INDEMNIFY 18 ARTICLE 16 — CITY'S DUTY TO DEFEND/INDEMNIFY 18 ARTICLE 17 — INSURANCE 18 17.1 Minimum Insurance Requirements 18 17.2 Subrogation Rights Waived 19 ARTICLE 18 — CONDEMNATION 19 ARTICLE 19 — ARBITRATION 20 19.1 Consent Panel 20 19.2 Formal Arbitration 20 19.3 Arbitration Awards 20 LEASE AGREEMENT September 24, 1997 City - Worabel Page ii I t, ARTICLE 20 — MAINTENANCE AND REPAIRS 20 20.1 Normal Maintenance 20 20.2 Safety Issues 21 20.3 Cost of Repairs 21 ARTICLE 21 — ENVIRONMENTAL CONCERNS 22 21.1 Hazardous Materials 22 21.2 Permits and Reporting 24 ARTICLE 22 — ESTOPPEL CERTIFICATES 25 ARTICLE 23 — CONDITIONS AND COVENANTS 25 ARTICLE 24 — NO WAIVER OF BREACH 25 ARTICLE 25 — TIME OF THE ESSENCE 25 ARTICLE 26 — COMPUTATION OF TIME 25 ARTICLE 27 — SUCCESSORS IN INTEREST 25 ARTICLE 28 — ENTIRE AGREEMENT 26 ARTICLE 29 — GOVERNING LAW 26 ARTICLE 30 — PARTIAL INVALIDITY 26 ARTICLE 31 — RELATIONSHIP OF PARTIES 26 ARTICLE 32 — INTERPRETATION 26 ARTICLE 33 — NUMBER AND GENDER 26 ARTICLE 34 — MANDATORY AND PERMISSIVE 26 ARTICLE 35 — CAPTIONS 27 ARTICLE 36 — AMENDMENT 27 ARTICLE 37 — NOTICES 27 ARTICLE 38 — FIRE PROTECTION 27 LEASE AGREEMENT September 24, 1997 City - Worabel Page iii 1 �I 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 and whose mailing address is PO Box 167, Seward, Alaska 99664, and RICHARD A. WORABEL and LINDA WORABEL (the "LESSEE"), whose mailing address is PO Box 2072, Seward, Alaska 99664. WHEREAS, LESSEE has indicated its desire to lease a parcel of land located along the boardwalk in the Small Boat Harbor, an area of approximately 1,220± square feet in size (the "Leased Land"); and WHEREAS, the City Council of CITY has determined that a lease of the Leased Land 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 present or future environmental regulations or controls with respect to LESSEE's operations on the Leased Land during the lease term. 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: A portion of Block 6, Oceanview Subdivision, Seward Recording District, Third Judicial District, State of Alaska, and more particularly described as Seward Small Boat Harbor Boardwalk Lease Site No. 5, containing 1,220 square feet, more or less. The Leased Land is depicted on the attached Exhibit A, which is incorporated herein by reference. The parties intend that Exhibit A serve as an description of the Leased Land to identify the Leased Land sufficiently for purposes of public hearing and approval of this LEASE by the City Council of CITY, and for purposes of the revocable license granted to LESSEE in Section 2.2. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances of record as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by the CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that: LEASE AGREEMENT September 24, 1997 City- Worabel Page 1 IQ a) LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE; b) CITY owns the Leased Land in fee, and, subject to the conditions described in Section 2.2, is fully empowered to enter into this Lease. c) CITY is unaware of any prior conflicting use of the property that would adversely affect LESSEE's intended use of the subject parcel. 1.3 Survey of Leased Land. Within ninety (90) days from the date of this LEASE, LESSEE, at its sole cost, will cause the Leased Land to be surveyed and platted by a land surveyor registered in the State of Alaska. A copy of the drawing and description of the Leased Land based upon this survey shall be attached to this LEASE as Exhibit B and shall be incorporated herein by reference. The description of the Leased Land in Exhibit B shall supersede the description in Exhibit A, and shall be considered the correct description of the Leased Land for all purposes under this LEASE. LESSEE shall provide CITY a copy of any and all surveys within ten (10) days of LESSEE's receipt of any and all surveys. CITY shall have the right to comment upon any and all surveys, but the exercise of this right shall not imply any obligation to do so or any obligation to do so in any particular way. If CITY objects to the surveyor's conclusions in the survey, CITY may give written notice to LESSEE of CITY's objection within thirty (30) days of receipt of the survey. CITY shall then engage a second land surveyor registered in the State of Alaska at CITY's expense to make a second survey of the Leased Land. CITY shall provide LESSEE a copy of the second survey within ten (10) days of CITY's receipt of the second survey. Unless CITY and LESSEE agree which survey is acceptable, the acceptable survey shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 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, or agents of CITY, as to the actual physical condition or characteristics thereof, including but not limited to the description of the Leased Land found in Section 1.1 and Exhibit A. 1.5 Development of Leased Land. LESSEE shall construct a building on the Leased Land, subject to the terms and conditions described in Article 6, for the operation of LESSEE's retail business. LESSEE understands that construction and operation of its marine-related business is a major consideration for CITY's agreement to lease the Leased Land to LESSEE, and LESSEE agrees to commence the construction of said building by no later than April 15, 1998. LESSEE shall not operate any other business on the Leased Land without the consent of the CITY. LEASE AGREEMENT September 24, 1997 City-Worabel Page 2 a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Small Boat Harbor. b) In accordance with the provisions of Article 14, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Small Boat Harbor. 1.6 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY agrees from time to time, upon request of LESSEE, to execute such documents, petitions, applications and authorizations as may be necessary to obtain from the agency or public body responsible therefor any conditional use permits, zoning and re-zoning, tentative and final tract approval and precise plan approval that is required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. 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) or the Environmental Protection Agency (e.g., Clean Air Act permits). 1.7 Platting. CITY intends to re-plat all the public property on a periodic basis in order to ensure the orderly development of the property and as leases are entered into with various tenants. CITY agrees to include the Leased Land in the next re-plat in accordance with the description prepared by LESSEE under Section 1.3 herein. If LESSEE requests a re-plat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the re-plat, and LESSEE shall reimburse CITY for the CITY's direct costs in assisting in the preparation and filing of the re- plat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or re-platting 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 the CITY or other governmental authorities as a condition to record the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. ARTICLE 2 — LEASE TERM 2.1 Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization Resolution No. 97- (the "Resolution"). The Lease Term LEASE AGREEMENT September 24, 1997 City- Worabel Page 3 shall commence with the effective date of the Resolution, and shall run for twenty (20) years, ending September 23, 2017. 2.2 Interim Right to Possession. LESSEE is hereby granted a revocable license to enter upon the Leased Land prior to the expiration of 30 days from the date of passage and posting of the Resolution, subject to the terms of this Section. The granting of a revocable license to LESSEE under this Section is for the convenience of LESSEE only and does not grant any interest in the Leased Land. During the term of this revocable license, LESSEE shall not engage in any storage of materials, clearing, grading, excavation or construction of improvements on the Leased Land. CITY may revoke the license granted by this Section at any time, including without limitation upon the filing with the Clerk of CITY a petition for referendum on the Resolution. 2.3 Lease Subject to Referendum. LESSEE understands and assumes the risk that under the Charter and Code of CITY this LEASE may be voided by referendum. The revocable license granted in Section 2.2 shall not affect or reduce the right of the voters of the City of Seward to reject this LEASE by referendum. LESSEE agrees that if the Resolution is the subject of a referendum petition filed with the Clerk of CITY during the term of the revocable license granted by Section 2.2, LESSEE shall have no rights under this LEASE unless and until the Resolution is approved by the voters of the City of Seward, and LESSEE shall not be entitled to any damages or any other relief against CITY in the event the Resolution is not so approved. 2.4 Options to Extend. LESSEE shall have the right to extend the initial term of this LEASE for two (2) additional five- (5) year periods (cumulative extensions not to exceed ten (10) years), provided that: a) LESSEE exercises any applicable option to extend at least one hundred 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; c) LESSEE shall exercise its options to renew by sending written notice thereof in accordance with the provisions of Article 37 of this LEASE; and d) The City Council of CITY, at the time each option is exercised, approves the extension by resolution or ordinance. ARTICLE 3 — RENTAL RATE 3.1 Initial Rental Rate. Commencing on the effective date of this LEASE through December 31, 1997, the annual rental rate for the Leased Land shall be TWO THOUSAND SEVEN HUNDRED EIGHT DOLLARS ($2,708). Commencing LEASE AGREEMENT September 24, 1997 City- Worabel Page 4 January 1, 1998 through June 30, 2000, an adjusted rental rate will be calculated at a rate of TWO DOLLARS AND TWENTY-TWO ($2.22) per square foot of the Leased Land, as determined by the survey/plot plan performed in accordance with Section 1.3. Rent shall be payable quarterly in advance on or before the 20th day of the month following the beginning of each calendar quarter: January 20, April 20, July 20 and October 20. 3.2 Rental Adjustments. As soon as is practical after execution of this LEASE and before June 30, 2000, CITY shall, at its own expense, retain an independent MAI-certified appraiser who shall determine the "Fair Market Rental Value" of the Leased Land. On July 1, 2000, and the date every five years thereafter (each a "Rental Adjustment Date"), the total annual rental to be paid under the terms of this LEASE shall be adjusted to the Fair Market Rental Value at the highest and best use of the Leased Land, 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 Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. 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 the Fair Market Rental Value of the Leased Land 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 Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental 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 Rental 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 MAI-certified appraiser at LESSEE's expense to make a second appraisal of the Fair Market Rental Value in accordance with Section 3.2. If the second appraisal determines a Fair Market Rental 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 Rental Value that varies from the fast appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the Fair Market Rental Value and 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. LEASE AGREEMENT September 24, 1997 City - Worabel Page 5 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 the 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 to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent MAI-certified appraiser at LESSEE's expense to make an appraisal under the terms of Sections 3.2 and 3.3 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 the 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 a second independent MAI-certified appraiser at CITY's expense to make a second appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with Section 3.2. If the second appraisal determines a Fair Market Rental 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 two appraisals. If the second appraisal determines a fair market Rental 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 Rental Value and 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 the CITY provided a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date. The adjusted annual rental rate is based on CITY's late appraisal or 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 CITY. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in 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 LEASE AGREEMENT September 24, 1997 City -Worabel Page 6 '7- 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 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. 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 determined by the City Council of CITY to be in the public interest. 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: a) Site is to be completely cleaned and restored to its present condition or better upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of hazardous materials on the Leased Land. 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. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port public 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 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. LEASE AGREEMENT September 24, 1997 City- Worabel Page 7 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, 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 to LESSEE should this LEASE be terminated for any reason. 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 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. CITY adopted the Uniform Building Code, 1991 edition, and all construction will be in compliance thereto. 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 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 the 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. LEASE AGREEMENT September 24, 1997 City-Worabel Page 8 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. b) Any such matters of a permanent 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 leased 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 efficient 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. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. LEASE AGREEMENT September 24, 1997 City - Worabel Page 9 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) LESSEE shall cause to be constructed on the Leased Land a building for its retail business by June 1, 1998. b) The cost of any such construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. c) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. d) LESSEE shall supply CITY with a copy of all building plans and specifications and a site plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. e) LESSEE, upon commencement of permissible building or construction activities on the Leased Land, shall continue such activities through to completion with diligence and continuity. f) On completion of the improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed. g) Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form 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 ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurance 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)', a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). 'Affiliate means a person that directly or indirectly through one or more intermediaries controls,or is controlled by, or is under common control with,a corporation subject to the Alaska Corporations Code. LEASE AGREEMENT September 24, 1997 City - Worabel Page 10 tri h) CITY may, as contemplated by Alaska Statutes, give notice of non- responsibility for any improvements constructed or effected by LESSEE on the Leased Land. i) LESSEE shall comply with all federal, state and local statutes and regulations with respect to such construction including any required finding by the City Council of Seward that such action is in the public interest. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 above, 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 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 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. ARTICLE 7 — RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 13.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition, or better, as at the commencement of this LEASE, ordinary wear and tear excepted. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from LESSEE's operations. 7.2 Return of Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this LEASE for any reason LESSEE may return the Leased Land in a re-contoured or graded condition different from its original condition provided CITY has granted written approval of LESSEE's plans for development of the Leased Land contours, including its plans for material extraction and final grade. LEASE AGREEMENT September 24, 1997 City- Worabel Page 11 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 God, acts of the enemies of the United States of America, sabotage, war, 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 — CITY ACTS OF DEFAULT Each of the following shall be a "CITY Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, when they are used in this LEASE, any one or more of the following events: 9.1 Failure by CITY to fulfill, observe or perform any covenants or agreements on its part to be observed or performed under this LEASE 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 CITY by LESSEE; 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 CITY within the applicable period and diligently pursued until the default is corrected. 9.2 Violation by CITY of any applicable laws or regulations of the United States, the State of Alaska, the Kenai Peninsula Borough, or the City of Seward 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 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 to CITY; 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 CITY within the applicable period and diligently pursued until the violation is corrected. Furthermore, if CITY 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. ARTICLE 10 — REMEDIES FOR CITY'S ACTS OF DEFAULT 10.1 Whenever an act of default by CITY shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, LESSEE shall have the following rights and remedies in addition to any rights and remedies that may be given to LESSEE by statute, common law or otherwise: a) Withhold payment of any rent otherwise due CITY; LEASE AGREEMENT September 24, 1997 City- Worabel Page 12 2� b) Refuse to proceed with any of LESSEE's other performance obligations under this LEASE; c) Recover whether this LEASE be terminated or not from CITY reasonable attorney's fees and all other expenses incurred by LESSEE by reason of the default by CITY; and d) Declare this LEASE terminated. 10.2 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of CITY's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.3 Each right and remedy of LESSEE provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by LESSEE of any one or more of the rights and remedies provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by LESSEE of any or all other rights or remedies provided for in this LEASE, now or thereafter existing at law or in equity or by statute or otherwise. 10.4 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. ARTICLE 11 — 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: 11.1 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. 11.2 Failure by LESSEE to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this LEASE 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 LEASE AGREEMENT September 24, 1997 City-Worabel Page 13 30 instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 11.3 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. 11.4 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. 11.5 Failure by LESSEE to construct, in accordance with Article 6 hereof, a building for its retail business on the Leased Land and place the facility in service by June 1, 1998. ARTICLE 12 — REMEDIES FOR DEFAULT BY LESSEE 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: 12.1 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 LEASE AGREEMENT September 24, 1997 City-Worabel Page 14 .S1 Uniform Commercial Code (AS 45.09.504) with respect to sale of property shall be a commercially reasonable disposal. 12.2 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 sub- paragraph 12.1 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. 12.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from sublessees or other occupants of the Leased Land; c) Recover, whether this LEASE be terminated or not, reasonable attorney's fees from LESSEE 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 rent reserved under this LEASE discounted to the date of such breach at the rate of eight percent (8%) per year. If the Leased Land or any part thereof be re-let by CITY for the unexpired term of this LEASE, CITY shall reimburse to LESSEE upon receipt an amount not to exceed the amount received by CITY under this paragraph. 12.4 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. 12.5 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. 12.6 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 LEASE AGREEMENT September 24, 1997 City-Worabel Page 15 31L' 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. 12.7 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. ARTICLE 13 — TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 13.1 Real Property Improvements. All improvements constructed by LESSEE 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 CITY may require LESSEE to remove any improvements designated by CITY without cost to CITY. 13.2 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 14 — SUBLEASE OR ASSIGNMENT 14.1 Assignment of Lease or Subleasing. The parties recognize that the LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the Resolution. LESSEE may only assign or sublease this LEASE of the Leased Land with CITY's prior written consent which shall be granted if the use of the Leased Land by the proposed assignee or sublessee is: a) Compatible with the use of adjacent lands; b) A permitted use under the then existing zoning regulations and comprehensive land use plan; and c) Found to be in the public interest by the City Council of CITY to such assignment or subletting. 14.2 Sublease Consent. CITY shall review, process, and approve sublease consent requests subject to the following: LEASE AGREEMENT September 24, 1997 City - Worabel Page 16 3� a) LESSEE shall provide a copy of the sublease agreement to CITY, including sublease amounts. b) LESSEE shall remain responsible for performance of all its obligations under the LEASE of the premises from CITY. A sublessee shall be obligated to perform all terms and conditions of LEASE between LESSEE and CITY with respect to the sublease of the premises, and such terms and conditions shall be incorporated in the sublease agreement by reference. c) LESSEE shall pay to CITY an amount equal to THIRTY-FIVE PERCENT (35%) of sublease amounts received under the sublease agreement in excess of the existing Fair Market Rental Value of the Leased Land. The payment of such sublease amounts shall be due beginning with the quarterly rental payment due date immediately following the date the CITY approves the sublease, or in accordance with such other payment plan as is mutually accepted by CITY and LESSEE. 14.3 Assignment of Lease for Security. Notwithstanding Section 14.1 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 12 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 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 11.3, CITY shall not exercise any of the remedies afforded to it under Article 12 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 LEASE AGREEMENT September 24, 1997 City -Worabel Page 17 dispose of its interests, provided that any subsequent assignee, purchaser or transferee shall remain bound by each and every term of this LEASE. 14.4 Assignment to Affiliate. LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2); provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 15 — LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify and hold CITY harmless from any and all liability or claims for damages, including personal injuries, 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, agents or contractors or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its agents, employees, 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 16 — 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 agents, employees, or contractors or from conditions existing or activities occurring on the Leased Land prior to the effective date of this LEASE. ARTICLE 17 — INSURANCE 17.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, commercial general liability insurance, with limits of liability of ONE MILLION DOLLARS ($1,000,000) for all injuries and/or deaths resulting to any one person and ONE MILLION DOLLARS ($1,000,000) limit from any one occurrence. Coverage under such insurance shall also include explosion, collapse and underground property damage hazards. Such insurance shall include contractual liability. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision 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 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 may notify LESSEE of any requested increase in insurance coverage. LEASE AGREEMENT September 24, 1997 City- Worabel J Page 18 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 37 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). LESSEE shall furnish CITY, on forms supplied by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. 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. 17.2 Subrogation Rights Waived. All of the insurance policies required above as well as any other insurance carried by LESSEE or CITY shall provide that the insurers waive their rights of subrogation against each other and their respective officers, servants, agents or employees. LESSEE and CITY further agree to waive and agree to have their insurers waive any rights of subrogation (whether by loan receipts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether insured or not. LESSEE shall also name CITY as an additional insured on the general liability insurance policy maintained by LESSEE as required above, excluding coverage for claims resulting from CITY's sole negligence. ARTICLE 18 — 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 determines 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 LEASE AGREEMENT September 24, 1997 City- Worabel Page 19 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 19 — ARBITRATION Any dispute between CITY and LESSEE with respect to any provision of this LEASE or the rights and obligations of the parties hereunder shall be decided by arbitration, in accordance with the provisions of this Section. 19.1 Consent Panel. The party desiring arbitration of a dispute shall give written notice to that effect to the other party specifying in such notice the name and address of a person to serve as an arbitrator. Within fifteen (15) days after receipt of such notice the other party shall give written notice to the first party specifying the name and address of another person designated to serve as an arbitrator. If neither party has objected to the other's designation within fifteen (15) days of the notice by the second party of its designation of an arbitrator, then the two chosen arbitrators (called the "consent panel") shall select a third person agreeable to both to become the third member of the consent panel. The consent panel may utilize informal techniques and hold informal hearings without reference or adherence to the rules or procedures of the American Arbitration Association. Promptly and within thirty (30) days of concluding any proceeding the consent panel shall render its written decision. It is the intent of this subparagraph to provide for a speedy and inexpensive resolution of disputes provided the parties agree to such a procedure. 19.2 Formal Arbitration. If either party objects, within fifteen (15) days of the second party's designation of an arbitrator to the other's choice of an arbitrator pursuant to paragraph 19.1 above, or the party desiring arbitration initially decides not to use the consent panel procedure, then the matter shall be promptly referred to the American Arbitration Association in accordance with the then existing rules of the American Arbitration Association. 19.3 Arbitration Awards. Any award by either a consent panel or as a result or proceedings before a panel pursuant to the rules of the American Arbitration Association shall be enforceable in accordance with Alaska Statutes. Any award shall include an award of costs, interest and attorney fees to the prevailing party. ARTICLE 20 — MAINTENANCE AND REPAIRS 20.1 Normal Maintenance. During the entire term of this LEASE and every renewal or extension hereof, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the LEASE AGREEMENT September 24, 1997 City -Worabel Page 20 3�1 Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, ordinary wear and tear excepted. 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 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. 20.2 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. 20.3 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 arbitrators 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 LEASE AGREEMENT September 24, 1997 City-Worabel Page 21 366 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 21 — ENVIRONMENTAL CONCERNS 21.1 Hazardous Materials. 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. b) Release of CITY. Any other provision of this LEASE to the contrary notwith- standing, 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 during and after the term of this LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the site by LESSEE, or arising out of or resulting from LESSEE's operations at the site except for those arising out of the CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the site 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 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) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, 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 LEASE AGREEMENT September 24, 1997 City-Worabel Page 22 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 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, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material; iii) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 21.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines,judgments, liabilities, settlements, damages, costs or expenses (1) occur 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 their employers, employees, agents, invitees, contractors, subcontractors or authorized representatives. 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) Facility Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. LEASE AGREEMENT September 24, 1997 City - Worabel Page 23 "t O f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as "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, 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, 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. 21.2 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 permits 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 Manager may order LESSEE to immediately cease any 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 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. LEASE AGREEMENT September 24, 1997 City-Worabel Page 24 ARTICLE 22 — 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 23 — CONDITIONS AND COVENANTS All the provisions of this LEASE shall be deemed as running with the land, and 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 24 — NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, 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 25 — TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 26 — 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 27 — 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. LEASE AGREEMENT September 24, 1997 City - Worabel Page 25 ARTICLE 28 — 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 29 — 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, including without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 30 — 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 31 — 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 32 — 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 assistance of counsel in drafting and reviewing this LEASE. ARTICLE 33 — NUMBER AND GENDER In this LEASE, the neuter gender includes the masculine and the feminine, and the singular number includes the plural; the word "person" includes corporation, partnership, firm or association wherever the context so requires. ARTICLE 34 — MANDATORY AND PERMISSIVE "Shall," "will" and "agrees" are mandatory; "may" is permissive . LEASE AGREEMENT September 24, 1997 City - Worabel Page 26 ARTICLE 35 — CAPTIONS 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 36 — AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 37 — 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 PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Richard A. Worabel Linda Worabel PO Box 2072 Seward, Alaska 99664 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 38 — FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry LEASE AGREEMENT September 24, 1997 City- Worabel Page 27 accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD #411 6)1,-e..L42-4-4 A._ By: •onald A. it tni Richard A. Worabel Its: City Manag• Date: (VR4/4g7 Date: g - 7 - 97 Linda orabel Date: - " 6/ ATTEST: SUBMITTED BY: , 66 /- / / 2 /9-f,!/ti , City Clerk Foster M. Singleton, Hart)..•aster i.(Eity Seal) .141 ea r• : aai • r • *1* ,,� �`.* N Rio, LEASE AGREEMENT September 24, 1997 City - WOrabel Page 28 Lf 5 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on thislday of feet" , 1997, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Ronald A. Garzini, known to me and to me known to be the city manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand\ ‘il6M49eal the day and year first hereinabove written. .171"-:--_=cr •,4' 4• • �,/i1G itt _-1_1-1..4.Le A ca•,Q \ p ' otary Public in :nd for Ala c j,. L/ fit B L Q� My Commissio Expires: 1 ''''q1 OF P\\ \\� STATE OF ALASKA /i�!! �i��\�� ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 51 — day of G4k1�4,-1997, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Richard A. Worabel and Linda Worabel, known to me and to me known to be the individuals named in and who executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. \,,�,�,P a Hi/4P // •:♦ ' i , i 4 . 0TA �� otary Public m d for Alas a • ,i.;9_ My Commission Expires: =Q: —•— • Z �CO = ••o p_ Is3;. &BL\ . gig" //////!OF"P`\\\\��� LEASE AGREEMENT September 24, 1997 City- Worabel Page 29 li SEWARD SMALL BOAT HARBOR BOARDWALK LEASE SITES III , , 1 lilt ! 11 /lI/ il 11 1 - 111111 (lU/Il I II l (JIJ1) l]1111 il/ITI/ilTifhli )IJliIl!IIH!))))J `-/o 43/o9 3/Og 3/. og 1 3/. o g 3/. cg \gin - - - - - -- - - V to :A`J \ , . \ \ =.� , fix' ` /\ 1 Z Z. 3 \) 4- - 5 ',:! 6 '' ' 7 1,3frk 5F ` 1220 yF /, 22° `7F r, z�0 5F 1, Z2O SF ;4 1, 22c� yF t,Zz0 �� UP.- G� (Measurements are approximate.) RI x a A - 105 A5 LEASE AMENDMENT NO 1 (RE-97-106) THE CITY OF SEWARD,ALASKA,a home rule municipal corporation,organized and existing under the laws of the State of Alaska,hereinafter referred to as"CITY",and RICHARD A.WORABEL AND LINDA WORABEL,P.O. Box 2072, Seward,Alaska 99664,hereinafter referred to as "LESSEE", hereby agree that the lease agreement between them for a portion of Block 6,Oceanview Subdivisions originally approved by City of Seward Resolution No.97-136 and recorded by Lease Memorandum at Book 87,Page 964,Seward Recording District is hereby amended as follows: ITEM 1. ARTICLE I. LEASED LAND The Leased Land is located in the City of Seward,Alaska. The Leased Land is described as follows: Lot 9,Block 6,Seward Small Boat Harbor Subdivision,City of Seward,Alaska and recorded as Plat no.2000- 19 in the Seward Recording District,Third Judicial District,State of Alaska.The total Leased area is 1.211 sf.more or less. In all other respects,the Lease is to remain unchanged and in full force between the undersigned parties. IN WITNESS WHEREOF,the parties hereto have executed this document,and it is effective this_day of ,2000. LESSOR: LESSEE: CITY OF SEWARD, • ASKA / W. Scott Janke, lity Manager •ichard A. Worabel Date: /- 9-6 — C / _ATTEST: ,C2a4( , '''';‘,,A, :...............14 Willi-Rliv( 1:4‘140V Seititte4' Patrick Reilly,City Cler L).rC'PPO�'�°•••� ,tee /nd2 Worabel Y h � ••. ' F®; Date: /-26'0 1 (City Seal) - e) • ►:e3 . . • • , �1, •• i STATE OF ALASKA 1-'�� v tr 111Q.. .ice • THIRD JUDICIAL DISTRICT 4J',r, OF ,ssb est'sot"� THIS IS TO CERTIFY that on this At day of Li : ( 2004, before me,the undersigned,a Notary Public in and for the State of Alaska,personally appeared W.'S.•tt Janke, known to me and to me known to be the City Manager for the City of Seward,Alaska,and authorized to execute documents on its behalf,and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand an WITNESS lASW4 y5iy and year frst hereinabove ritten. � �?,, TA .<,-;-- . rw ' "- NOTAR U":L1CIN AND FS • KA N�U�L- My Commission Expires: LEASE AMENDMENT NO.(I) lJ/J-1))))»»))o-Pires1 1 1\ Page 1 ST/ATE. OF ASA-SRA ) 121 ii P'T L'(4 )ss 7150 I 'THIS IS TO CERTI Y.that on this°�4., day of -1 ,24:100,before me,the undersigned,a Notary in and for the State of a,personally appeared Richard A.Worabel and Linda Worabel known to me and to r ►ne know to be the individual named in and who executed the foregoing document,and they acknowledged to me that they executed the foregoing document for the uses and purposes therein set forth. 0 WITNESS my hand and notarial seal the day and year first hereinabove written. Return to: Harbormaster 4 .,l.�•�4 J. City of Seward 4/ 0 CY ' 'ar AND FOR fr66tS °.' C>+' } PO Box 167 My Commission -xpires: Seward,AK 99664 ,,\ 10 ii L(NET I it A. SAKAMURA •My commission expires:May 23;2 1 003.{ Y U t 0001311 18°D 2001 APR 24 A 81 35 SEWARD REQUESTED BY RECORDING DISTRICT Q... LEASE AMENDMENT NO.(1) 41 Page 2 LEASE EXTENSION AMENDMENT NO 2 (RE-97-106) THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY," whose address is PO Box 167, Seward, Alaska 99664 and Richard and Linda Worabel, P.O. Box 2072 Seward, Alaska 99664, hereby agree that the lease agreement 97-106, dated September 24, 1997, as amended, for Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska is hereby amended as follows: ADDITIONAL LESSEE Jennifer Worabel, daughter,will be an additional lessee and hereby agrees to all terms of the above described lease including all obligations thereto as"Lessee.". ARTICLE 2. LEASE TERM and OPTIONS TO EXTEND The term of this lease shall be extended for thirteen (13) years and shall terminate on September 23, 2030. LESSEE shall have the right to extend the term of this LEASE for TWO additional THIRTY-THREE(33) 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 37 of this LEASE. ARTICLE 4. USE OF LEASED LAND LESSEE shall continue to operate their retail and other related businesses throughout the term of the lease, and failure to do so constitutes a condition of default. 50 Page 1 of 3 In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties. LESSOR: LESSEE: CITY OF SEWARD 62d/L-0—'-10 14—C4.1-t atre Jim Hunt, City Manager Richard Worabel Date: Lift/ddaa Worabel ! ► c .� k ifer Wo ;bel ATTEST: Johanna Kinney,City Clerk (City Seal) STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2015, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Jim Hunt, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY PUBLIC IN AND FOR ALASKA My Commission Expires: 5, Page 2of3 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of Qr- bpi , 2015, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Richard Worabel, Linda Worabel and Jennifer Worabel, known to me and to me known to be the individuals named in and who executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY P t3LIC IN AND FOR ALASKA My Commission Expires: , 5� Page 3 of 3 .. 111.111111111111111111111111, 1 t .PIT # 4 A • • Aga ill PI a) 4L- 1 I , 0 i aid"`. ..... R T iv y ,, _ , 4 • Lot 9, Blk 6 t.. ! A • _ P 'II - "" Worabel •Lease r 1 IN r• Aimum ,AI 14- 14 ille )11111 a , I, ,. II Ni .... km.' _._ ,,,timimi 0 481 .1;111k it . "II 111171111111M Worabel Lease Site - Lease 97-106 ��SFw, /, Lot 9, Blk 6 Small Boat Harbor .� '"h��11 N Drawn By Community Development Due to different data sources property lines and aerial 0 95 190 Feet imagery do not overlay correctly. Map is to be used for vk `,sx # , orientation and reference purposes only. I. Mapping Assistance by Alaska Map Company, LLC �3 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,RECOMMENDING THE 2016 HARBOR TARIFF BE AMENDED BY CHANGING THE WAITLIST VESSEL SIZE FOR A-FLOAT, ELIMINATING THE 17 FOOT WAITLIST ADDING A 50 TON TRAVELIFT WATER TO WATER MAINTENANCE LIFT, AND OTHER CLARIFICATIONS WHEREAS, the Seward Harbor owns and maintains a 50 ton travelift to support local vessels with haul outs for winter storage,surveys and quick maintenance repairs while hanging in the lift ; and WHEREAS,the intention of this proposed water-to-water maintenance lift charge is to assist harbor users accomplish maintenance tasks that often take less than a half('/2) hour and can be performed safely with the vessel in the slings at a reasonable price; and WHEREAS,a new half('/2)hour rate for this type of water-to-water lift would benefit vessel owners with quick repairs; and WHEREAS, the current charge for the 50 ton lift is one hour or TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY-FIVE CENTS ($236.25) plus tax; and WHEREAS, the 50-ton water to water maintenance lift shall be charged at a rate of ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS($118.13)for the first half(1/2)hour plus tax. All time in excess of thirty minutes shall be charged in fifteen(15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS ($59.06) per one-quarter( '/4) hour or any portion of time less than one-quarter( '/4) hour to stay consistent with current tariff rates; and WHEREAS, while performing the maintenance lift, if it is discovered the vessel needs to travel to a local boat yard, the current one hour minimum lift rate will apply. ; and WHEREAS,with the new configuration of S-float eliminates 17 foot slips,and therefore the need for a 17 foot waitlist. ; and WHEREAS, general housekeeping changes to the tariff are needed: Section 200(e) July 1 S` for the new twice a year renewals, and Section 245 by adding outside of, twenty four and a day for making change for the showers. WHEREAS the Public Notice preamble of the tariff states "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 5 -k CITY OF SEWARD, ALASKA RESOLUTION 2015-109 arranged. "The purpose of the tariff then is to publish standard rates for all manner of traffic that aren't included in a negotiated contract, not to prevent or replace the Council's authority to enter into contracts for that traffic. Tariff Section 105 (b) is inconsistent however in that it simply states that the rates apply to all users, vessels and freight; therefore the exception noted in the Notice to Public should be carried forward.; and WHEREAS, All 2016 rate increases include a Consumer Price Index (CPI) adjustment. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Stfikeeut-= delete Bold italics =new Section 1. The City Council approve, by amending of 2016 Harbor Tariff, by adding to section 255 50-TON TRAVELIFT FEES (b) Lift Fee (5) Maintance lift- A water to water lift shall be charged at a rate of ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS ($118.13) for the first half('/2) hour plus tax. All time in excess of thirty minutes shall be charged in fifteen (15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS($59.06)per one-quarter('/4)hour or any portion of time less than one-quarter ( Vs) hour to stay consistent with current tariff rates; and Section 2. The City Council approve amending section 200 MOORAGE (b) of the 2016 Harbor Tariff, as follows (b) Waiting List for Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: _, .•.• .,.. - -- 23 feet (accommodates vessel 19 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 reserved slip from the waiting lists shall be made by the Harbormaster 55 CITY OF SEWARD,ALASKA RESOLUTION 2015-109 based on the slip size available and the most senior name on the waiting list for that size slip. Section 3. The City Council amend the 2016 Harbor Tariff with changes to wording in sections 105 (b)200 (e) and 245 to read the following. 105 APPLICATION OF TARIFF (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,for which contract rates have not been arranged.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. 200 MOORAGE (e) New Reserved Slip Assignment. For a new reserved slip moorage agreement entered into after January 1St or July 1st,the following rules and charges apply: 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 outside of the Harbormaster's office twenty four hours a day. Section 4. All 2016 rate increases are based off CPI per section 215 DOCKAGE RATES. (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,2016 rates reflect an increase based on the average CPI for 2009-2013). Section 5. This resolution shall take effect ten days following approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of December,2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 5(� Council Agenda Statement e co se 1 "P Meeting Date: December 14, 2015 Through: City Manager Jim Hunt From: Norm Regis, Harbormaster Agenda Item: Recommending the City Council amend the harbor Tariff to add a 50 ton water to water maintenance lift to assist harbor users with minor maintenance issues, and incorporate a new waitlist size for 19ft to 26ft, and two housekeeping changes to the 2016 tariff, and all CPI changes. BACKGROUND &JUSTIFICATION: With the new S-float configuration there are no longer 17ft slips available,the harbor had only one year round tenant in this slip catergory,which was a 19ft vessel. The minimum size vessel for A- Float is now 19 ft. The Tariff should be amended so that the new waitlist for A-float will be 19 to 26 feet, and remove the 17 foot waitlist. (Page 9 section 200(b) Housekeeping changes to the 2016 tariff for clarifications. 1. Page 2 Section 105 (b) adding for which contract rates have not been arranged The Public Notice preamble of the tariff states "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 "The purpose of the tariff then is to publish standard rates for all manner of traffic that aren't included in a negotiated contract,not to prevent or replace the Council's authority to enter into contracts for that traffic. Tariff Section 105-b is inconsistent however in that it simply states that the rates apply to all users, vessels and freight; therefore the exception noted in the Notice to Public should be carried forward. 2. Page 10 Section 200(e) adding July p`for the new twice a year moorage renewals. 3. Page 19 Section 245 adding outside of and twenty four and a day for making change for the showers. The Seward Harbor owns and operates a 50 ton travelift,to remove or place vessels into or out of the water for winter storage or other maintenance issues.Some maintenance issues can be accomplished in a minimal amount of time.Currently the harbor charges a 1 hour minimum fee($236.25 plus tax) for a lift. The Harbor would like to establish a water to water maintenance lift with a half hour minimum charge ($118.13 plus tax)to assist harbor users at a reduced fee for minor maintenance issues,i.e.line in the prop,changing zincs or looking for damage from hitting an underwater object, etc. If the lift goes over the half(%2) hour minimum fee it will be billed in 15 minute increments ($59.06) to stay with the current Harbor Tariff rates. This reduced fee would benefit fisherman, pleasure,sail boats and charter boat owners.If the lift has to travel to a private yard or the vessel has to get blocked up for any reason the current one hour rate would apply. (Page 20 section 255(b)(2) and moving subsection numbers down(3), (4), and(5). 51 Update of CPI rate increases changes, all moorage 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 15t will reflect the upcoming January 1st adjusted rates.(For example,2016 rates reflect an increase based on the average CPI for 2009-2013). INTENT:To amend the 2016 Harbor Tariff to add a water to water maintenance lift,with a reduced fee,of hour minimum rate($118.13 plus tax)to help with minor maintenance issues.Remove the 17 foot waitlist and add a new waitlist vessel size of 19 to 26 ft. Housekeeping changes-adding adding for which contract rates have not been arranged/July 1st for the twice a year renewals/and adding outside of,/and twenty four,/and a day, all 2016 CPI changes. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(3.5.1.1): Encourage the growth and development 1. of an efficient, functional small boat harbor that meets Seward's X commercial and recreational needs. (page 23) Strategic Plan(document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) 3. Other(list): FISCAL NOTE: Initial revenue loss is expected but it is likely that the harbor 50 ton boat lift will get more use with the new maintenance lift. ATTORNEY REVIEW: Yes X No N/A RECOMMENDATION: tdl Council approve Resolution 2015.990' 5c 2016 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 , 0c sfh, 4t A / Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 5°1 TABLE OF CONTENTS PREFACE Tariff Revisions Forms Explanation of Abbreviations and Characters That May Appear in Tariff NOTICE TO PUBLIC SECTION I-GENERAL RULES AND REGULATIONS 100 DEFINITIONS-GENERAL 1 105 APPLICATION OF TARIFF 2 (a) General Application of Tariff (b) Tariff Effective (c) Acceptance of Tariff (d) Reservation of Agreement Rights (e) Compliance with Conditions of Docking and Facility Use 110 APPLICATION OF RATES 2 115 INSURANCE 3 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3 (a) Responsibility for Charges (b) Prepayment,Time of Prepayment,Acceptable Security,Refund of Excess (c) Waiver of Prepayment Requirement (d) Charges on Delinquent Accounts 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 4 (a) Responsibility Limited (b) Indemnity (c) Owner's Risk 130 RIGHTS OF THE CITY OF SEWARD 5 (a) Access to Harbor or Port Facilities (b) Right to Refuse Cargo (c) Right to Schedule Vessels and Cargo (d) Right to Remove,Transfer or Warehouse Cargo (e) Right to Withhold Deliver of Freight (f) Right to Sell for Unpaid Charges (g) Explosives (h) Right to Remove,Transfer or Rearrange Vessels (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities 135 REQUESTS AND COMPLAINTS 7 140 DELAYS-NO WAIVER OF CHARGES 7 Port and Harbor Tariff Regulations City of Seward,Alaska I Effective-January 1,2016 145 MANIFESTS REQUIRED OF VESSELS 7 150 SAFETY,SANITATION AND HOUSEKEEPING 7 (a) Safety and Sanitation (b) Notice of Hazardous Cargo and Permit Requirements (c) Responsibility for Housekeeping (d) Smoking Prohibited (e) Used Oil and Petroleum Products 155 RESPONSIBILITY FOR PROPERTY DAMAGE 8 160 BULK PETROLEUM PRODUCTS 8 (a) Application of Tariff (b) Clearing and Heating Petroleum Lines (c) Regulations Governing Petroleum Products (d) Housekeeping SECTION II-SERVICES AND CHARGES 200 MOORAGE 9 Outside the Small Boat Harbor Within the Small Boat Harbor (a) Assignment of Berths (b) Waiting List for Reserved Slip Assignment (c) Reserved Slip Assignments (d) Grace Period for Late Renewals (e) New Reserved Slip Assignment (f) Reserved and Temporary(Transient)Slip Assignments (g) Notice Upon Arrival (h) Vessel Registration 205 MOORAGE RATES 11 (a) Calculation of Moorage Rates (b) Automatic Annual Adjustment in Moorage Rates (c) Transient(Guest)Daily Rates (d) Moorage Rates for Slip Assignments (e) Float Plane Fees 210 DOCKAGE 12 (a) Dockage Period (b) Basis for Computing Charges (c) Vessels Docked to Repair,Shore,Outfit or Fumigate (d) Preference to Reserved Dock Use (e) Berth May be Granted Before Payment (f) Charges on Vessel Shifting (g) Charges to Assisting Vessels (h) Notice of Hazardous Cargo and Permit Requirement (i) Dockside Lay Time 215 DOCKAGE RATES 14 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 of (a) Daily Dockage Rate (b) Monthly Dockage Rate (c) Automatic Annual Adjustment in Dockage Rates 220 HANDLING,LOADING AND UNLOADING 15 225 LABOR AND SERVICE CHARGES 15 (a) Specific Services (b) Labor/Personnel (c) Equipment (d) Special Services (e) Miscellaneous Charges 230 PASSENGER FEES 18 (a) Fee (b) Filing of Forms and Payment (c) Failure to File 231 CAPITAL RENEWAL AND REPLACEMENT FEE 18 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES 18 240 BOAT LAUNCH RAMP FEES 19 (a) Operating Policy (b) Launch Fees 245 PUBLIC SHOWERS 19 250 50-TON TRAVELIFT 19 (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 255 50-TON TRAVELIFT FEES 20 (a) Description of Charge (b) Lift Fee 260 330-TON TRAVELIFT 20 (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 265 330-TON TRAVELIFT FEES 21 (a) Description of Charge (b) Lift Fee 270 SHIPLIFT FEE 22 (a) Description of Charge (b) Lift Fee Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 • I �. (c) Basis for Computing Charges (d) Preference to Reserved Use (e) Berth May be Granted Before Payment (f) Inspection of Vessels on the Shiplift Platform (g) Repairs to Vessels on the Shiplift System (h) Notice of Hazardous Cargo and Permit Requirement (i) Dockside Lay Time (j) Lift Fee Rates 275 DAILY SHIPLIFT LAY CHARGE 24 (a) Description of Charge (b) Lay Fee (c) Basis for Computing Charges (d) Rate 280 UPLAND STORAGE 24 (a) Area of Land Available (b) Calculation of Rates (c) Lay Time Rates (d) Empty Cradles/Trailers 285 WHARFAGE 25 (a) Application of Charge (b) Overside (c) Overstowed Cargo 290 WHARFAGE RATES 25 (a) Schedule of Standard Rates (b) Discount Rates Based on Guaranteed Payments 295 WHARF DEMURRAGE 26 (a) Description of Charge (b) Calculation of Free Time (c) Free Time (d) Rates (e) Lay-Down Areas LEGISLATIVE HISTORY City Docks and Terminal Facilities 28 Seward Marine Industrial Center(SMIC)Shiplift System 31 TRANSIENT RATES Appendix A TENANT RATES Appendix B Port and Harbor Tariff Regulations City of Seward Alaska Effective January 1,2016 (I) 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 maybe obtained from the Seward City Clerk's Office or the Harbormaster's Office. Shiplift/SyncroLift forms are available at Vigor Alaska—Seward,LLC 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 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. l.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 Effective January 1,2016 (y 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 Effective January 1,2016 C5 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.) (1) 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 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 TarifRegulations City of Seward,Alaska Effective January 1,2016 1 (,Y (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, 330-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," Formatted:Normal,Justified,Tab stops:Not or supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to at 0.5"+ 0.88" this tariff on and after revisions,or supplements thereto;for which contract rates have not --{Formatted:Font:Bold been arranEed.,.[Unless otherwise specified all transit freight received at terminals and undelivered 'Comment p1]:Wording added due to conflict in prior to effective dates of tariff,revisions,or supplements thereto,shall be charged the rates in effect on ,"Notice to Public"and section 105(b) 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. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 2 (Girl (b) Rites 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 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 (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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 3 646 (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. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 4 G1 (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: (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,is 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 Port and Harbor Tarif Regulations City of Seward,Alaska Effective January 1,2016 5 ri0 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. (t) 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. (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 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 Port and Harbor Tariff Regulations City of Seward.Alaska Effective January 1,2016 6 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. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 7 r1 (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 vessellowner.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. 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) Clearing and Heating Petroleum Lines.Shippers,consignees or vessels and persons in charge thereof are responsible for providing steam or other heating means to assure the proper flow of asphalt and other petroleum products requiring heat.Shippers,consignees or vessels and persons in charge thereof will be responsible for clearing all petroleum products from lines located on or adjacent 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 regulations. (d) Housekeeping.Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up immediately. Vessels or consignees shall remove temporary lines immediately upon completion of receipt or discharge of flammable liquids. Spillage from disconnected lines shall be cleaned up immediately by vessel or consignee. 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. Port and Harbor Tariff Regulations City of Seward.Alaska Effective January 1,2016 8 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 Reserved Slip Assignment.Due to the demand for slips on the City of Seward float system,vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office.Separate waiting lists shall be maintained for the following size floats: • Formatted:Font:Bold 23 feet(accommodates vessel X19 to 26 feet) Comment[H2]:with the new S-float 32 feet(accommodates vessel 27 to 36 feet) configuration all the 17 foot slips are no longer available,we only had one year round tenant on S,we 40 feet(accommodates vessel 37 to 44 feet) took the size of his vessel and moved him to A-float 50 feet(accommodates vessel 45 to 54 feet) so we are adjusting the vessel size on A to 60 feet(accommodates vessel 55 to 64 feet) accommodate this long time tenant. 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 reserved slip from the waiting lists shall be made 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 reserved slip assignment.The wait list year runs November lit through October 31st. (c) Reserved 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 a semi-annual basis. (2) A reserved 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 reserved assigned slip may be assigned to a transient vessel when the reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the reserved assigned vessel to the Small Boat Harbor(provided proper notifications are given and based on harbor congestion and the difficulties involved in moving Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2016 9 vessels),the Harbormaster will attempt to rearrange vessels so that a vessel with a reserved slip assignment may berth at that assigned slip. (5) A vessel assigned a reserved 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 reserved 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 reserved slip holder who fails to renew by the due date may renew any time in the next fifteen(15)days rather than relinquish the slip,provided that(1)both parties agree, (2)all other reserved moorage requirements are met,and(3)the applicable transient rate is paid on or before the fifteen(15)days has expired. (e) New Reserved Slip Assignment.For a new reserved slip moorage agreement entered into after January 11 or July 1st.'the following rules and charges apply: -- - Comment[H3]:With the new twice a year tenant moorage renewals this is a house keeping change (1) If the customer has already paid for transient moorage,the customer charges will be converted {For :Font:Bold from transient charges to reserved tenant charges on the effective date of the slip assignment.The reserved tenant 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 reserved 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 semi-annual moorage amount by 6,and charging the new tenant 1/6'h of the reserved tenant moorage rate per calendar month for the remainder of the moorage agreement.If a slip assignment occurs during a calendar month,the partial month will be charged the lesser of the daily rate or 1/6'h the semi-annual amount. (f) Reserved and Temporary(Transient)Slip Assignments.There are two types of slip assignments at the City of Seward Small Boat Harbor.The first is a reserved assigned slip and the second is a transient slip. Reserved Slips that are assigned to a boat/owner may be used for transient moorage when the reserved 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 reserved 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 reserved assigned slip due to congestion,high winds or safety considerations,a vessel with a reserved 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;L float;R float;I dock;and T 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 at the Small Boat Harbor.However,vessels that arrive after normal Harbormaster office hours must register before 10:00 a.m.the following day. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2016 10 205 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.The Harbormaster may,in his sole discretion,waive a daily charge for a vessel provided that: (1) Notice is made in writing prior to mooring in the Seward Boat Harbor, (2) Vessel stay is no more than 4 hours,and (3) Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. The City of Seward retains the right,in its sole discretion,to determine whether a vessel berthed at any time will be charged a full day's charge. 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 181,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 la will reflect the upcoming January la adjusted rates.(For example,2016 rates reflect an increase based on the average CPI for 2009-2013). 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 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$0.74 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$54.82 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) month. The first installment is due and payable on the date the vessel owner/operator completes the Application Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 II and Agreement for Moorage.The succeeding payments are due on or before the same day of each succeeding calendar month. (d) Reserved 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) Renewal Rate.The vessel owner/operator,if agreed by both parties,can renew his contract on or before June 30th and December 31°and pay the Renewal Rate based on the length of the vessel, or,the length of the slip,whichever is greater.The Renewal Rate shall be$24.91 per lineal foot. (3) Monthly Rate.At the option of the vessel owner/operator,the moorage fee may be paid in monthly installments of thirty-six percent(36%)of the rate established above.Each prepaid installment described in this Paragraph represents one(1)month.The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage.The succeeding payments are due on or before the same day of each calendar month. (4) All reserved assigned berths are assigned on a six(6)month basis.Prepayment of a full six month's charges is due on or before December 31 14 or June 30th, respectively. A vessel owner/operator may also elect to prepay the Renewal moorage fee in monthly installments,each of which represents thirty-six percent(36%)of the Renewal fee. (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 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 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 12 Ii 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(24) 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 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. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2016 13 riq (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. (I) 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 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. (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. $0.74 501+ft. $0.74 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1.2016 14 (2) Vessels Under Repair.Subject to scheduling requirements,the Harbormaster may,upon request, 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 1a,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 1"will reflect the upcoming January 16`adjusted rates.(For example,2016 rates reflect an increase based on the average CPI for 2009-2013). 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. 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-$105.00. (iii) In addition to(ii)above,a variable rate of$6.32/1,000 gallons shall be charged for potable water. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 15 go (2) Electricity-Small Boat Harbor (i) All Vessels(except Transient Vessels staying 15 consecutive days or less). Electricity(per kilowatt hour) $0.28 Customer charge for tenants(once per billing cycle) $20.56 Customer charge for transients or guests(once per location) $20.56 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity(daily rate) 120 volt $10.00 208 volt/single phase $20.00 208 volt/three phase $40.00 Customer charge(per month) None (3) Electricity-Seward Marine Industrial Center (i) Connect fee $26.85 (ii) Electricity(per kilowatt hour) $0.36 (iii) Customer charge(per month) $42.91 (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 (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. Port and Harbor Tariff Regulations City of Seward.Alaska Effective January 1,2016 16 SI 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 (8) 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 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 $36.75 (5) Reconnection after disconnect of delinquent account $42.00 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 17 Y2- 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 offorms and payment offees.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. (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 maybe 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 Semis 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 1,Y 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. 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 brtdde of in-the Harbormaster's office twenty four urs i -- {Comment NO House keeping change 250 50-TON TRAVELIFT Formatted:Font:Bold Formatted:Font:Bold (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Small Boat Harbor. The Formatted.Font:Boid 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 Port and Harbor TarifRegulations City of Seward.Alaska Effective January 1,2016 19 Uli 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. (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) .Pater to Water Maintenance Lift.The minimum fee for a water to water maintenance lift ----{Formatted:Font:Bold shall be ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS($118.13)for the first half hour(1/2)if the lift goes over the half hour(1/2)it will be billed in fifteen minute increments(15)at the rate of FIFTY-NINE DOLLARS AND SIX CENTS($59.06) per one quarter hour of use or any portion of time less than one(1/4)hour.If the lift has to travel kor the vessel needs to be blocked for any reason the current one hour lift rate applies. ---- Comment[H5]:New water to water maintenance lift. (� ) Additional Lift Fee Rates for Large Vessels.In addition to the minimum fee,the lift fee shall be _ __-{Comment NO housekeeping 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. Second and Additional Hours ofLifi.AU time in excess of one(1)hour shall be charged in fifteen __---{Comment[H7]:housekeeping (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. (451) Relocation Fee.Relocation of all vessels on the uplands shall be charged at a rate of TWO -{Comment[H8]:housekeeping HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS($236.25)per hour. 260 330-TON TRAVELIFT (a) Operating Policy.The City owns and operates a 330-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: Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1.2016 20 (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. 265 330-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 330-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 330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS(5425.00)for the first hour of use or any portion of time less than one (1)hour.For use of a lift in excess of one(1)hour,additional time shall be charged in fifteen(15) minute increments.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 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 21 Scp (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) Relocation and Reblocking Fees.Reblocking of all vessels on the uplands shall be charged at a rate of FOUR HUNDRED TWENTY-FIVE DOLLARS($425.00)for the first hour of use or any portion of time less than one(1)hour.Reblocking consists of lifting the boat,adjusting/replacing the blocking materials and setting the boat down in the same space.If a boat is to be relocated to another space or yard,lift fees apply as listed in sections(1)and(2)above. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 ?' (c)Wash Down Pad Fee (1) Pressure washing shall only be performed on the wash down pad.The work will be performed by private personnel—either vessel owners and crew or licensed and insured vendors. (2) If for whatever reason,the wash down system is not useable,the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is$2.50 per foot per hour.There is a one hour minimum. Additional time over the first hour will be billed in 15 minute increments. 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. (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 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 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 23 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-refimdable 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. (7) In addition 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. (f) Inspection of Vessels on the Shiplift Platform.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 Shipl 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 shiplitt 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 fords 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 24 13 9 (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. (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;and, (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. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2016 25 0 285 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 ship's stores and will be subject to wharfage and other charges that may be incurred. (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 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 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 fish,unprocessed $3.15 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 $0.26 Petroleum products(gasoline)per gallon $0.015 Petroleum products(diesel)per gallon $0.008 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 Council,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: Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 26 Timber and timber products,first 100,000 tons $1.58/ton Next 80,000 tons $1.31/ton Excess over 180,000 tons $0.53/ton 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. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2016 27 • (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 Effective January 1,2016 28 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,tavelift 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 PACAB review. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 29 1� DATE RESOLUTION ACTION _ EFFECTIVE 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 fimd 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. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 30 q5 DATE RESOLUTION ACTION EFFECTIVE 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. 10/28/2013 2013-074 Amending The Port&Harbor Tariff Regulations For 2014 And 1/1/2014& 2015. 1/1/2015 4/28/2014 2014-035 Amending Section 205 Of The Port&Harbor Tariff Regulations 5/9/2014 Relating To Short-Term Vessel Stay And Payment Of Transient (Guest)Moorage. 12/8/2014 2014-092 Revising Sections 200 And 205 Of The Harbor Tariff In Order 1/1/2015 To Revise Billing Practices To Meet Internal Revenue Service Compliance For Tax-Exempt Revenue Bonds. 4/27/2015 2015-028 Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015 Charge For Dishonored Checks,To Revise The Charges For Re- Blocking Vessels And For Boat Lift Work That Extends Beyond One Hour,And To Revise The Wharfage Rates For Boat Fuel To Conform To The Charges In The Annual Contract With The Fuel Dock Operator. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 31 chp SEWARD MARINE INDUSTRIAL CENTER(SMIC)SHIPLIFI'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 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. 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. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 32 I � DATE RESOLUTION ACTION EFFECTIVE 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. 10/28/2013 2013-074 Amending The Port&Harbor Tariff Regulations For 2014 And 1/1/2014& 2015. 1/1/2015 4/14/2014 2014-030 Amending The Harbor Tariff By Establishing Rates For The 4/24/2014 Vessel Wash Down Pad At The Seward Marine Industrial Center. 7/14/2014 2014-054 Waiving Competitive Procurement Requirements To Authorize 1/1/2015 Sole-Source Purchase Of A New 330 Ton Boat Lift From Marine Travelift In The Net Amount Of$1,441,087, Declaring The Current Boat Lift Surplus To Be Used As A Trade-In,Revising The Harbor Tariff To Increase The Lift Rates,And Appropriating Funds. 4/27/2015 2015-028 Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015 Charge For Dishonored Checks,To Revise The Charges For Re- Blocking Vessels And For Boat Lift Work That Extends Beyond One Hour,And To Revise The Wharfage Rates For Boat Fuel To Conform To The Charges In The Annual Contract With The Fuel Dock Operator. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2016 33 2016 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE @ 74c PER FOOT PLUS 7%SALES TAX THESE DISCOUNTED MOORAGE RATES MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI perk MONTH LENGTH $54.82 TAX CRR TOTAL $32.89 TAX CRR TOTAL $9.87 TAX CRR TOTAL 13 $712.66 49.89 60.00 $822.55 427.57 29.93 30.00 $487.50 128.31 8.98 5.00 $142.29 14 $767.48 53.72 60.00 $881.20 460.46 32.23 30.00 $522.69 138.18 9.67 5.00 $152.85 15 $822.30 57.56 60.00 $939.86 493.35 34.53 30.00 $557.88 148.05 10.36 5.00 $163.41 16 $877.12 61.40 60.00 $998.52 526.24 36.84 30.00 $593.08 157.92 11.05 5.00 $173.97 17 $931.94 65.24 60.00 $1,057.18 559.13 39.14 30.00 $628.27 167.79 11.75 5.00 $184.54 18 $986.76 69.07 60.00 $1,115.83 592.02 41.44 30.00 $663.46 177.66 12.44 5.00 $195.10 19 $1,041.58 72.91 60.00 $1,174.49 624.91 43.74 30.00 $698.65 187.53 13.13 5.00 $205.66 20 $1,096.40 76.75 60.00 $1,233.15 657.80 46.05 30.00 $733.85 197.40 13.82 5.00 $216.22 21 $1,151.22 80.59 60.00 $1,291.81 690.69 48.35 30.00 $769.04 207.27 14.51 5.00 $226.78 22 $1,206.04 84.42 120.00 $1,410.46 723.58 50.65 60.00 $834.23 217.14 15.20 10.00 $242.34 23 $1,260.86 88.26 120.00 $1,469.12 756.47 52.95 60.00 $869.42 227.01 15.89 10.00 $252.90 24 $1,315.68 92.10 120.00 $1,527.78 789.36 55.26 60.00 $904.62 236.88 16.58 10.00 $263.46 25 $1,370.50 95.94 120.00 $1,586.44 822.25 57.56 60.00 $939.81 246.75 17.27 10.00 $274.02 26 $1,425.32 99.77 120.00 $1,645.09 855.14 59.86 60.00 $975.00 256.62 17.96 10.00 $284.58 27 $1,480.14 103.61 120.00 $1,703.75 888.03 62.16 60.00 $1,010.19 266.49 18.65 10.00 $295.14 28 $1,534.96 107.45 120.00 $1,762.41 920.92 64.46 60.00 $1,045.38 276.36 19.35 10.00 $305.71 29 $1,589.78 111.28 120.00 $1,821.06 953.81 66.77 60.00 $1,080.58 286.23 20.04 10.00 $316.27 30 $1,644.60 115.12 120.00 $1,879.72 986.70 69.07 60.00 $1,115.77 296.10 20.73 10.00 $326.83 31 $1,699.42 118.96 120.00 $1,938.38 1,019.59 71.37 60.00 $1,150.96 305.97 21.42 10.00 $337.39 32 $1,754.24 122.80 120.00 $1,997.04 1,052.48 73.67 60.00 $1,186.15 315.84 22.11 10.00 $347.95 33 $1,809.06 126.63 120.00 $2,055.69 1,085.37 75.98 60.00 $1,221.35 325.71 22.80 10.00 $358.51 34 $1,863.88 130.47 120.00 $2,114.35 1,118.26 78.28 60.00 $1,256.54 335.58 23.49 10.00 $369.07 35 $1,918.70 134.31 120.00 $2,173.01 1,151.15 80.58 60.00 $1,291.73 345.45 24.18 10.00 $379.63 36 $1,973.52 138.15 120.00 $2,231.67 1,184.04 82.88 60.00 $1,326.92 355.32 24.87 10.00 $390.19 37 $2,028.34 141.98 120.00 $2,290.32 1,216.93 85.19 60.00 $1,362.12 365.19 25.56 10.00 $400.75 38 $2,083.16 145.82 120.00 $2,348.98 1,249.82 87.49 60.00 $1,397.31 375.06 26.25 10.00 $411.31 39 $2,137.98 149.66 120.00 $2,407.64 1,282.71 89.79 60.00 $1,432.50 384.93 26.95 10.00 $421.88 40 $2,192.80 153.50 120.00 $2,466.30 1,315.60 92.09 60.00 $1,467.69 394.80 27.64 10.00 $432.44 41 $2,247.62 157.33 120.00 $2,524.95 1,348.49 94.39 60.00 $1,502.88 404.67 28.33 10.00 $443.00 42 $2,302.44 161.17 120.00 $2,583.61 1,381.38 96.70 60.00 $1,538.08 414.54 29.02 10.00 $453.56 43 $2,357.26 165.01 120.00 $2,642.27 1,414.27 99.00 60.00 $1,573.27 424.41 29.71 10.00 $464.12 44 $2,412.08 168.85 120.00 $2,700.93 1,447.16 101.30 60.00 $1,608.46 434.28 30.40 10.00 $474.68 45 $2,466.90 172.68 180.00 $2,819.58 1,480.05 103.60 90.00 $1,673.65 444.15 31.09 15.00 $490.24 46 $2,521.72 176.52 180.00 $2,878.24 1,512.94 105.91 90.00 $1,708.85 454.02 31.78 15.00 $500.80 47 $2,576.54 180.36 180.00 $2,936.90 1,545.83 108.21 90.00 $1,744.04 463.89 32.47 15.00 $511.36 48 $2,631.36 184.20 180.00 $2,995.56 1,578.72 110.51 90.00 $1,779.23 473.76 33.16 15.00 $521.92 49 $2,686.18 188.03 180.00 $3,054.21 1,611.61 112.81 90.00 $1,814.42 483.63 33.85 15.00 $532.48 50 $2,741.00 191.87 180.00 $3,112.87 1,644.50 115.12 90.00 $1,849.62 493.50 34.55 15.00 $543.05 q9 2016 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE @ 74c PER FOOT PLUS 7% SALES TAX THESE DISCOUNTED MOORAGE RATES MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI per ft MONTH LENGTH $54.82 TAX CRR TOTAL $32.89 TAX CRR TOTAL $9.87 TAX CRR TOTAL 51 2,795.82 195.71 180.00 $3,171.53 1,677.39 , 117.42 90.00 $1,884.81 503.37 35.00 15.00 $553.37 52 2,850.64 199.54 180.00 $3,230.18 1,710.28 119.72 90.00 $1,920.00 513.24 35.00 15.00 $563.24 53 2,905.46 203.38 180.00 $3,288.84 1,743.17 122.02 90.00 $1,955.19 523.11 35.00 15.00 $573.11 54 2,960.28 207.22 180.00 $3,347.50 1,776.06 124.32 90.00 $1,990.38 532.98 35.00 15.00 $582.98 55 3,015.10 211.06 180.00 $3,406.16 1,808.95 126.63 90.00 $2,025.58 542.85 35.00 15.00 $592.85 56 3,069.92 214.89 180.00 $3,464.81 1,841.84 128.93 90.00 $2,060.77 552.72 35.00 15.00 $602.72 57 3,124.74 218.73 180.00 $3,523.47 1,874.73 131.23 90.00 $2,095.96 562.59 35.00 15.00 $612.59 58 3,179.56 222.57 180.00 $3,582.13 1,907.62 133.53 90.00 $2,131.15 572.46 35.00 15.00 $622.46 59 3,234.38 226.41 180.00 $3,640.79 1,940.51 135.84 90.00 $2,166.35 582.33 35.00 15.00 $632.33 60 3,289.20 230.24 180.00 $3,699.44 1,973.40 138.14 90.00 $2,201.54 592.20 35.00 15.00 $642.20 61 3,344.02 234.08 180.00 $3,758.10 2,006.29 140.44 90.00 $2,236.73 602.07 35.00 15.00 $652.07 62 3,398.84 237.92 180.00 $3,816.76 2,039.18 142.74 90.00 $2,271.92 611.94 35.00 15.00 $661.94 63 3,453.66 241.76 180.00 $3,875.42 2,072.07 145.04 90.00 $2,307.11 621.81 35.00 15.00 $671.81 64 3,508.48 245.59 180.00 $3,934.07 2,104.96 147.35 90.00 $2,342.31 631.68 35.00 15.00 $681.68 65 3,563.30 249.43 180.00 $3,992.73 2,137.85 149.65 90.00 $2,377.50 641.55 35.00 15.00 $691.55 66 3,618.12 253.27 180.00 $4,051.39 2,170.74 151.95 90.00 $2,412.69 651.42 35.00 15.00 $701.42 67 3,672.94 257.11 180.00 $4,110.05 2,203.63 154.25 90.00 $2,447.88 661.29 35.00 15.00 $711.29 68 3,727.76 260.94 180.00 $4,168.70 2,236.52 156.56 90.00 $2,483.08 671.16 35.00 15.00 $721.16 69 3,782.58 264.78 180.00 $4,227.36 2,269.41 158.86 90.00 $2,518.27 681.03 35.00 15.00 $731.03 70 3,837.40 268.62 180.00 $4,286.02 2,302.30 161.16 90.00 $2,553.46 690.90 35.00 15.00 $740.90 71 3,892.22 272.46 180.00 $4,344.68 2,335.19 163.46 90.00 $2,588.65 700.77 35.00 15.00 $750.77 72 3,947.04 276.29 180.00 $4,403.33 2,368.08 165.77 90.00 $2,623.85 710.64 35.00 15.00 $760.64 73 4,001.86 280.13 180.00 $4,461.99 2,400.97 168.07 90.00 $2,659.04 720.51 35.00 15.00 $770.51 74 4,056.68 283.97 180.00 $4,520.65 2,433.86 170.37 90.00 $2,694.23 730.38 35.00 15.00 $780.38 75 4,111.50 287.81 180.00 $4,579.31 2,466.75 172.67 90.00 $2,729.42 740.25 35.00 15.00 $790.25 76 4,166.32 291.64 180.00 $4,637.96 2,499.64 174.97 90.00 $2,764.61 750.12 35.00 15.00 $800.12 77 4,221.14 295.48 180.00 $4,696.62 2,532.53 177.28 90.00 $2,799.81 759.99 35.00 15.00 $809.99 78 4,275.96 299.32 180.00 $4,755.28 2,565.42 179.58 90.00 $2,835.00 769.86 35.00 15.00 $819.86 79 4,330.78 303.15 180.00 $4,813.93 2,598.31 181.88 90.00 $2,870.19 779.73 35.00 15.00 $829.73 80 4,385.60 306.99 240.00 $4,932.59 2,631.20 184.18 120.00 $2,935.38 789.60 35.00 20.00 $844.60 81 4,440.42 310.83 240.00 $4,991.25 2,664.09 186.49 120.00 $2,970.58 799.47 35.00 20.00 $854.47 82 4,495.24 314.67 240.00 $5,049.91 2,696.98 188.79 120.00 $3,005.77 809.34 35.00 20.00 $864.34 83 4,550.06 318.50 240.00 $5,108.56 2,729.87 191.09 120.00 $3,040.96 819.21 35.00 20.00 $874.21 84 4,604.88 322.34 240.00 $5,167.22 2,762.76 193.39 120.00 $3,076.15 829.08 35.00 20.00 $884.08 85 4,659.70 326.18 240.00 $5,225.88 2,795.65 195.70 120.00 $3,111.35 838.95 35.00 20.00 $893.95 86 4,714.52 330.02 240.00 $5,284.54 2,828.54 198.00 120.00 $3,146.54 848.82 35.00 20.00 $903.82 87 4,769.34 333.85 240.00 $5,343.19 2,861.43 200.30 120.00 $3,181.73 858.69 35.00 20.00 $913.69 1 00 88 4,824.16 337.69 240.00 $5,401.85 2,894.32 202.60 120.00 $3,216.92 868.56 35.00 20.00 $923.56 89 4,878.98 341.53 240.00 $5,460.51 2,927.21 204.90 120.00 $3,252.11 878.43 35.00 20.00 $933.43 90 4,933.80 345.37 240.00 $5,519.17 2,960.10 207.21 120.00 $3,287.31 888.30 35.00 20.00 $943.30 91 4,988.62 349.20 240.00 $5,577.82 2,992.99 209.51 120.00 $3,322.50 898.17 35.00 20.00 $953.17 92 5,043.44 353.04 240.00 $5,636.48 3,025.88 210.00 120.00 $3,355.88 908.04 35.00 20.00 $963.04 93 5,098.26 356.88 240.00 $5,695.14 3,058.77 210.00 120.00 $3,388.77 917.91 35.00 20.00 $972.91 94 5,153.08 360.72 240.00 $5,753.80 3,091.66 210.00 120.00 $3,421.66 927.78 35.00 20.00 $982.78 95 5,207.90 364.55 240.00 $5,812.45 3,124.55 210.00 120.00 $3,454.55 937.65 35.00 20.00 $992.65 96 5,262.72 368.39 240.00 $5,871.11 3,157.44 210.00 120.00 $3,487.44 947.52 35.00 20.00 $1,002.52 97 5,317.54 372.23 240.00 $5,929.77 3,190.33 210.00 120.00 $3,520.33 957.39 35.00 20.00 $1,012.39 98 5,372.36 376.07 240.00 $5,988.43 3,223.22 210.00 120.00 $3,553.22 967.26 35.00 20.00 $1,022.26 99 5,427.18 379.90 240.00 $6,047.08 3,256.11 210.00 120.00 $3,586.11 977.13 35.00 20.00 $1,032.13 100 5,482.00 383.74 240.00 $6,105.74 3,289.00 210.00 120.00 $3,619.00 _ 987.00 35.00 20.00 $1,042.00 ( oI Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RESCINDING RESOLUTION 2015-087 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SPECIAL CONTRACT WITH ICICLE SEAFOODS, INC. FOR DISCOUNTED ELECTRIC RATES FOR SEWARD FISHERIES WHEREAS,Icicle Seafoods operates Seward Fisheries year-round and provides full-time employment in the city; and, WHEREAS,job creation,job retention, and promotion of fishing and fish processing are important to residents and the City of Seward; and, WHEREAS,economic stability of operations of Seward Fisheries is necessary to the region and residents of Seward; and, WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and, WHEREAS,the Utilities Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and, WHEREAS,Icicle Seafoods prefers a two-year contract with an automatic renewal for an additional two-years and adjusting to large general service on the fifth year. WHEREAS, the administration recommends that the City Council approve the special contract with Seward Fisheries based on current multi-million dollar plant expansion,which would make it difficult to move to large general service rate class in the short term. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. Rescind resolution 2015-087 for special contract for electric rates with Icicle Seafoods. Section 2. The City Manager is authorized to enter into a Special Contract for Electric Rates ("Contract") in substantially the form presented at this meeting. Section 3. The recitals stated above are incorporated herein by reference as findings of the City Council. Section 4. This resolution shall be effective immediately. The contract shall be effective January 1, 2016. 1 0'k- Council Agenda Statement Meeting Date: December 14, 2015 e 4 of sE� q To: City Council Through: James Hunt, City Manager 1i: P• From: John Foutz, Electric Utility Manager Agenda Item: Special Contract with Icicle Seafoods, Inc. for Discounted Electrical Rates for Seward Fisheries BACKGROUND & JUSTIFICATION: The electric tariff industrial rate, as of January 1, 2010, was abolished. The electric tariff allows, "special contracts to be negotiated by the utilities manager with a customer that have demand in excess of 750 kilowatts (kW) or that have unique power requirements that cannot be reasonably addressed by the large general service tariff." Seward Fisheries' unique requirements include; year round employment for Seward residents, economic influx to the Seward area, seasonal demand in excess of 750 kW, and the importance of retaining a strong and vibrant seafood industry in the community. Seward Fisheries is undertaking a multi-million dollar expansion project,making it difficult in the short-term,to maintain profitability if required to pay the large general service rate in the immediate term The proposed rates are based from the special contract which expires in December 2015. The following suggested rates are calculated to bring Icicle Seafoods into the large general rate class within five years.The electric and demand rates are calculated to be approximately equally,based on monthly dollar average,applied over the years 2016 to 2020 to match a projected Large General rate. Percentage spikes were levelized slightly. After further discussions with Icicle Seafoods management,administration is submitting a two-year contract with an automatic two-year renewal. The rates remain unchanged and Icicle would still be stepping into a large general service rate at year five. INTENT: To develop an escalating rate structure for Icicle Seafoods, Inc. which will bring them up to the Large General Service rate class within the next five years. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1.3, 3.7.3.1, 3.7.3.2): X 2. Strategic Plan (document source here): X 3. Other (list): X Electric Rates&Charges:Page 2-2:3.Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique (oA power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include,but are not limited to,provisions for instantaneous demand charges,time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities,termination charges and power factor. Special contracts must be approved by the City Council. FISCAL NOTE: In 2009 Seward Fisheries was charged a rate of$0.00574 per Kilowatt-hour for an energy charge and $10.25 per Kilowatt for a demand charge. In January 2012 Seward Fisheries started with an electric rate of$0.00891 and a demand rate of$12.86. The end-of-year 2015 rates for Icicle Seafoods are an electric rate of$0. 017460 per kilowatt/hour and a demand rate of$19.18 per kilowatt. The suggested rate in energy and demand for Seward Fisheries respectively,incorporate estimated CPI increases intended to bring them to LGS rate class within five years, and are as follows: $0.02812/kWh(1St 200 kWh/kW), $0.03729 (Additional kWh) and$19.83/kW for 2016 and $0.03877/kWh (1St 200 kWh/kW), $0.05707 (Additional kWh) and $20.49/kW for 2017 and $0.04943/kWh (1St 200 kWh/kW), $0.07684 (Additional kWh) and $21.14/kW for 2018 and $0.06008/kWh (1St 200 kWh/kW), $0.09662 (Additional kWh) and $21.80/kW for 2019. The minimum monthly billing demand shall be 750 kW. Any other charges or rates that may be applicable will follow the Large General Service rate class. The attached table shows the current 2015 rates as a basis per month,followed by the approximate amounts Seward Fisheries will pay in 2016 through 2019 by the recommended Special Contract. Also included is the estimated percentage and dollar increase per month. The proposed special contract with Icicle Seafoods will increase their electric bill by approximately 10.13%and an approximate dollar amount of$4,958.92 per month and$59,506.99 per year.If Icicle Seafoods were to instead pay the Large General Service rate in one year the percentage increase would be 56.44%and an increase to annual revenue of$274,651.43. Approved by Finance Department: Jk ATTORNEY REVIEW: Yes No RECOMMENDATION: The City Council rescind resolution 2015-087 and pass resolution 2015- I t0 authorizing the City Manager to enter into a special contract with Icicle Seafoods for special electric rates for the Seward Fisheries location. I pL Current Special 2016 Special 2017 2015 Monthly Bill Electric Operations&Infrastructure Fee $40.22 $41 15 $42.13 Energy charge(rate) $0.01746 $0.02812 $0.03877 Avg.cust kWh 304,200 182,520 182,520 $5,311.33 $5,131.73 $7,076.67 $0.03729 $0.05707 121,680 121,680 $4,537.87 $6,944.03 Energy charge $5,311.33 $9,669.61 $14,020.70 Fuel Charge(rate=2014 average) $0.060663 $18,453.68 $18,453.68 $18,453.68 Demand Charge(per kW) $19.18 $19.83 $20.49 Avg.Cust kW 873 873 873 $16,744.14 $17,315.08 $17,886.02 Total Electric per month $40,549.38 $45,479.52 $50,402.54 Increase per month: $4,930.14 $4,923.02 Percentage overall increase: 12.16% 10.82% *based on average split;actual may vary Special 2018 Special 2019 Special 2020 $43.23 $44.35 $45.51 $0.04943 $0.06008 $0.07074 182,520 182,520 182,520 $9,021.60 $10,966.53 $12,911.46 $0.07684 $0.09662 $0.11780 0.1178 I 121,680 121,680 121,680 $9,350.20 $11,756.36 $14,334.45 $18,371.79 $22,722.89 $27,245.92 $18,453.68 $18,453.68 $18,453.68 $21.14 $21.80 $22.45 873 873 873 $18,456.97 $19,027.91 $19,598.85 • $55,325.67 $60,248.83 $65,343.96 $4,923.13 $4,923.16 $5,095.12 10.71% 9.77% 9.21% 1 c . SPECIAL CONTRACT FOR ELECTRIC RATES This Special Contract for Electric Rates ("Contract") is between the City of Seward ("City") whose address is P.O. Box 167, Seward, Alaska 99664 and Icicle Seafoods whose address is 4019 21St Ave. W., Seattle, WA 98199. WHEREAS, Icicle Seafoods operates Seward Fisheries year-round and provides full-time employment in the City; and WHEREAS,job creation, job retention, and promotion of fishing and fish processing are important to residents of Seward; and WHEREAS, economic stability of operation of Seward Fisheries is necessary to the region and residents of Seward; and WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and WHEREAS, the Utility Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utility Manager has recommended that the City Council recognize the unique power requirements of Seward Fisheries. The parties hereby agree as follows: Section 1 . Effective Date and Term. This Contract shall become effective January 1, 2016, upon approval by the City Council for the City and execution by each party. This Contract shall remain in effect until December 31 , 2017. Unless either party provides written notice of termination to the other party by no later than September 1, 2017, the term of this agreement and the expiration date shall automatically be extended to December 31, 2019 with the rates substantially presented in this contract plus any changes established by the wholesale provider. Section 2. Rate Adjustment. Throughout the term of this Contract Icicle Seafoods shall be entitled to electrical rates and charges as described below: Rates stated in the City of Seward Electric Tariff applicable to Large General Service shall apply except as follows: Energy Charge: From January 1, 2016 to December 31, 2016 the rate shall be $0.02812 per kilowatt hour I °b for the first 200 kilowatt hours per kilowatt and $0.03729 per additional kilowatt hour. From January 1, 2017 to December 31 , 2017 the rate shall be $0.03877 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.05707 per additional kilowatt hour. From January 1, 2018 to December 31 , 2018 the rate shall be $0.04943 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.07684 per additional kilowatt hour. From January 1, 2019 to December 31 , 2019 the rate shall be $0.06008 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.09662 per additional kilowatt hour. Demand Charge: From January 1, 2016 to December 31 , 2016 the rate shall be $19.83 per kilowatt (kW) From January 1, 2017 to December 31 , 2017 the rate shall be $20.49 per kilowatt (kW) From January 1, 2018 to December 31 , 2018 the rate shall be $21.14 per kilowatt (kW) From January 1, 2019 to December 31, 2019 the rate shall be $21.80 per kilowatt (kW) The minimum monthly billing demand shall be 750 kW. Rate changes established by Chugach Electric Association (CEA) or any future wholesale provider to the City of Seward through the Regulatory Commission of Alaska (RCA) shall be passed directly through to Icicle Seafoods without any markup from the City. Section 3. Requirements. Icicle Seafoods represents that it currently faces financial difficulties and is looking for ways to reduce its costs while continuing to operate and maintain a unique and vital facility to the residents of Seward. It is expressly agreed and understood that the rate adjustments described in Section 2 of this agreement shall apply only to Seward Fisheries in Seward, Alaska and shall not apply to any other properties or operations of Icicle Seafoods. Section 4. Assignment. This Contract shall not be assigned. Section 5. Amendments. Any amendments, including extension of term, rate adjustments (other than those established by the wholesale provider), or other provisions of this Contract, shall be agreed to in writing and signed by both parties following approval by the Seward City Council. Executed this day of , 2015. Ori ICICLE SEAFOODS By: Its: President CITY OF SEWARD Recommended by: James Hunt John Foutz, Utility Manager City Manager ATTEST: Johanna Kinney, CMC City Clerk A l Y aCkfd Cisa SPECIAL CONTRACT FOR ELECTRIC RATES This Special Contract for Electric Rates ("Contract") is between the City of Seward ("City") whose address is P.O. Box 167, Seward, Alaska 99664 and Icicle Seafoods whose address is 4019 21st Ave. W., Seattle, WA 98199. WHEREAS, Icicle Seafoods operates Seward Fisheries year-round and provides full-time employment in the City; and WHEREAS, job creation,job retention, and promotion of fishing and fish processing are important to residents of Seward; and WHEREAS, economic stability of operation of Seward Fisheries is necessary to the region and residents of Seward; and WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and WHEREAS, the Utility Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utility Manager has recommended that the City Council recognize the unique power requirements of Seward Fisheries. The parties hereby agree as follows: Section 1. Effective Date and Term. This Contract shall become effective January 1, 2016, upon approval by the City Council for the City and execution by each party. This Contract shall remain in effect until December 31, 201720. Upon expiration or termination, Icicle Seafoods sha • -••- - - 2- --•- - - - _ -- . - _ -- - - _-scribed in the-Git"4 • •_- - • •- - .e• _ •- :arties. Unless either party provides written notice of termination to the other party by no later than September 1, 2017, the term of this agreement and the expiration date shall automatically be extended to December 31 , 2019 with the rates substantially presented in this contract plus any changes established by the wholesale provider. Section 2. Rate Adjustment. Throughout the term of this Contract Icicle Seafoods shall be entitled to electrical rates and charges as described below: Rates stated in the City of Seward Electric Tariff applicable to Large General Service shall apply except as follows: Lbq Energy Charge: From January 1, 2016 to December 31, 2016 the rate shall be $0.02812 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.03729 per additional kilowatt hour. From January 1, 2017 to December 31 , 2017 the rate shall be $0.03877 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.05707 per additional kilowatt hour. From January 1, 2018 to December 31, 2018 the rate shall be $0.04943 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.07684 per additional kilowatt hour. From January 1, 2019 to December 31, 2019 the rate shall be $0.06008 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.09662 per additional kilowatt hour. e ._ ! ! - - e- ::0,-0-7-07-4-per kilowatt hour fork fi 59 • e - -e- e- . e - - - !. :9 - -dditional kilowatt hour. Demand Charge: From January 1, 2016 to December 31 , 2016 the rate shall be $19.83 per kilowatt (kW) From January 1 , 2017 to December 31, 2017 the rate shall be $20.49 per kilowatt (kW) From January 1, 2018 to December 31, 2018 the rate shall be $21 .14 per kilowatt (kW) From January 1, 2019 to December 31 , 2019 the rate shall be $21.80 per kilowatt (kW)• :.. - -- ! ! e •- -•-e- _ ! ! _ - e- » .4 _ e- e _ •• The minimum monthly billing demand shall be 750 kW. Rate changes established by Chugach Electric Association (CEA) or any future wholesale provider to the City of Seward through the Regulatory Commission of Alaska (RCA) shall be passed directly through to Icicle Seafoods without any markup from the City. Section 3. Requirements. Icicle Seafoods represents that it currently faces financial difficulties and is looking for ways to reduce its costs while continuing to operate and maintain a unique and vital facility to the residents of Seward. It is expressly agreed and understood that the rate adjustments described in Section 2 of this agreement shall apply only to Seward Fisheries in Seward, Alaska and shall not apply to any other properties or operations of Icicle Seafoods. Section 4. Assignment. This Contract shall not be assigned. Section 5. Amendments. Any amendments, including extension of term, rate adjustments (other than those established by the wholesale provider), or other provisions of this Contract, shall be agreed to in writing and signed by both parties following approval by the Seward City Council. Executed this day of , 2015. ICICLE SEAFOODS By: Its: President CITY OF SEWARD Recommended by: James Hunt John Foutz, Utility Manager City Manager ATTEST: Johanna Kinney, CMC City Clerk 111 4 b1C)1/1 fd V ZSYI SPECIAL CONTRACT FOR ELECTRIC RATES This Special Contract for Electric Rates ("Contract") is between the City of Seward ("City")whose address is P.O. Box 167, Seward,Alaska 99664 and Icicle Seafoods whose address is 4019 21St Ave. W., Seattle, WA 98199. WHEREAS, Icicle Seafoods operates Seward Fisheries year-round and provides full-time employment in the City; and WHEREAS,job creation,job retention, and promotion of fishing and fish processing are important to residents of Seward; and WHEREAS, economic stability of operation of Seward Fisheries is necessary to the region and residents of Seward; and WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and WHEREAS, the Utility Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utility Manager has recommended that the City Council recognize the unique power requirements of Seward Fisheries. The parties hereby agree as follows: Section 1. Effective Date and Term. This Contract shall become effective January 1, 2016, upon approval by the City Council for the City and execution by each party. This Contract shall remain in effect until December 31, 2017. Unless either party provides written notice of termination to the other party by no later than September 1, 2017, the term of this agreement and the expiration date shall automatically be extended to December 31, 2019 with the rates substantially presented in this contract plus any changes established by the wholesale provider. Section 2. Rate Adjustment. Throughout the term of this Contract Icicle Seafoods shall be entitled to electrical rates and charges as described below: Rates stated in the City of Seward Electric Tariff applicable to Large General Service shall apply except as follows: Energy Charge: From January 1, 2016 to December 31, 2016 the rate shall be $0.02812 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.03729 per additional kilowatt hour. 112. From January 1, 2017 to December 31, 2017 the rate shall be $0.03877 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.05707 per additional kilowatt hour. From January 1, 2018 to December 31, 2018 the rate shall be $0.04943 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.07684 per additional kilowatt hour. From January 1, 2019 to December 31, 2019 the rate shall be $0.06008 per kilowatt hour for the first 200 kilowatt hours per kilowatt and $0.09662 per additional kilowatt hour. Demand Charge: From January 1, 2016 to December 31, 2016 the rate shall be $19.83 per kilowatt (kW) From January 1, 2017 to December 31, 2017 the rate shall be $20.49 per kilowatt (kW) From January 1, 2018 to December 31, 2018 the rate shall be $21.14 per kilowatt (kW) From January 1, 2019 to December 31, 2019 the rate shall be $21.80 per kilowatt (kW) The minimum monthly billing demand shall be 750 kW. Rate changes established by Chugach Electric Association (CEA)or any future wholesale provider to the City of Seward through the Regulatory Commission of Alaska (RCA) shall be passed directly through to Icicle Seafoods without any markup from the City. Section 3. Requirements. Icicle Seafoods represents that it currently faces financial difficulties and is looking for ways to reduce its costs while continuing to operate and maintain a unique and vital facility to the residents of Seward. It is expressly agreed and understood that the rate adjustments described in Section 2 of this agreement shall apply only to Seward Fisheries in Seward, Alaska and shall not apply to any other properties or operations of Icicle Seafoods. Section 4. Assignment. This Contract shall not be assigned. Section 5. Amendments. Any amendments, including extension of term, rate adjustments (other than those established by the wholesale provider), or other provisions of this Contract, shall be agreed to in writing and signed by both parties following approval by the Seward City Council. Executed this day of , 2015. 11 '6 ICICLE SEAFOODS AOA-60 d� < By: Its: President �� IL( 65 hiCE I O IWit- j. CITY OF SEWARD Recommended by: James Hunt John Foutz, Utility Manager City Manager ATTEST: Johanna Kinney, CMC City Clerk iN Sponsored by: Clerk CITY OF SEWARD,ALASKA RESOLUTION 2015-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT THROUGH DECEMBER 31, 2017, WITH ALL ALASKA NEWS UNLIMITED, LLC FOR DISPLAY ADVERTISING IN THE SEWARD PHOENIX LOG AT A RATE OF$240.00 PER WEEK WHEREAS, the City Clerk's Office produces, on a weekly basis, display advertisements announcing City of Seward meetings which are required by law; and WHEREAS,these ads are usually produced in the Seward Phoenix Log under the section known as the "City Calendar"; and WHEREAS,the city's current contract for advertising expires December 31, 2015; and WHEREAS,the Seward Phoenix Log has provided advertising services in the past and has given the city a huge measure of flexibility in meeting deadlines in order to guarantee that advertising occurs during established code-required,and Alaska Open Meeting Law time frames;and WHEREAS,quotes were requested in November by the City Clerk's Office and received by the All Alaska News Unlimited, LLC—The Seward Phoenix Log and the Seward Journal; and WHEREAS, All Alaska News Unlimited, LLC—The Seward Phoenix Log submitted the lowest quote at$8.00 per column inch which equates to$240.00 per ad,and will provide the city's required affidavit of publication at no additional charge; and WHEREAS,it is required by charter and code,and in the public interest,to publish the bulk of the city's ads in a newspaper of general circulation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City Manager is authorized to sign an advertiser's agreement with All Alaska News Unlimited,LLC—The Seward Phoenix Log for a flat rate of$240.00 per week for the period January 1,2016,through December 31,2017,with funding taken from advertising account 01000- 1110-7300. 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 December, 2015. Agenda Statement Meeting Date: December 14,2015 c of se 4 114 From: Johanna Kinney, City Clerk � 1) Agenda Item: Annual contract for advertisin ith All Alaska 41-00. News Unlimited, LLC—The Seward Phoenix Log BACKGROUND&JUSTIFICATION: Per our city code,the city must advertise in a paper of local circulation,or"newspaper of the city." All Alaska News Unlimited,LLC also offers optimal flexibility for submission with our deadlines and code requirements, plus provides the city with a mailed copy of the notarized proof of publication it needs. In November,the City Clerk's Office requested quotes from newspapers that circulate in the City of Seward—the Seward Phoenix Log,the Seward Journal,and the Anchorage Daily News. All Alaska News Unlimited, LLC—The Seward Phoenix Log submitted the lowest quote of$8 column inch, which equates to $240.00 per week, and will provide the legally required notarized affidavit of publication at no additional charge. This is currently charged by the Seward Phoenix Log,and per approval of the 2016-2017 budget,is budgeted for this purpose. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X Other(list): Seward City Charter 1.5 (1), 3.5 (c),4.2, 6.3, 8.2 3. X Seward City Code 1.01.060,2.10.032,4.01.010, 5.05.015, 5.20.040, 7.05.125, 7.10.610, 14.01.040, 15.01.040 ATTORNEY REVIEW: No FISCAL NOTE: The estimated annual rate for the city calendar is now$12,480 and is charged from Mayor/Council account 01000-1110-7300. Per approval of Resolution 2015-092,this amount is incorporated into the 2016/2017 biennial budget. Finance Approval: J t z - c/ g3 11P RECOMMENDATION: Council approve Resolution 2015-111., and authorize the City to sign a contract with All Alaska News Unlimited,LLC for the period January 1,2016 through December 31,2017 at a rate of$8.00 per column inch (PCI) plus a notarized affidavit of publication for each city calendar ad at no additional charge. Wi Johanna Kinney From: Annette Shacklett <advertising @thesewardphoenixlog.com> Sent: Monday, November 23, 2015 7:42 AM To: Johanna Kinney Cc: Brenda Ballou Subject: Re:City Clerk City Calendar Ad quote solicitation. Attachments: Seward City Quote-letter-2016.pdf Greetings, Attached is a quote for the Seward City Clerk advertising in The Seward Phoenix LOG. Thank you for the opportunity to provide this service to the city. Best, --Annette Shacklett publisher&editor 907-224-4888 r—t a a a rA : t From:Johanna Kinney<jkinney @cityofseward.net> Date:Thursday, November 5, 2015 at 3:08 PM To:Johanna Kinney<jkinney @cityofseward.net> Cc: Brenda Ballou<bballou @cityofseward.net> Subject:City Clerk City Calendar Ad quote solicitation. Hello, The City Clerk's Office in Seward,Alaska is soliciting quotes for a two year contract to place a weekly ad for its legal notifications, effective January 1, 2016 to December 31, 2017. The contract is subject to approval by resolution of the City Council. The tentative date for this contract approval will be at the council's December 14, 2015 meeting. Attached is a past advertisement for an example of the size of the ad. A minimum of 30 column inches is needed. Currently, a half page ad of 30 column inches is being used for the clerk's weekly"City Calendar" ad. Each ad would come out on a weekly basis, and would need a notarized affidavit of publication for legal proof of publication. Preferred submission dates would be a few days before publication, if possible. If interested, please submit a quote including cost per column inch plus cost for a weekly notarized affidavit of publication to any of the contact information listed below by Monday, November 23,2015. Please feel free to contact me if you have any questions regarding the advertisement. The City of Seward is sales tax exempt. I a 1 Thank you, Johanna Kinney, elute City Clerk,City of Seward Post Office Box 167 Seward,Alaska 99664 p:907.224.4045 e:clerk @cityofseward.net f:907.224.4038 w:www.cityofseward.us Spam Not spam Forget previous vote 2 Nov. 22, 2015 Seward City Clerk City of Seward, Alaska Thank you for the opportunity to provide a quote for advertising the Seward City Calendar in The Seward Phoenix LOG. As the 49-year newspaper of record in the City of Seward, we are pleased to provide this quote for the advertising of the City Calendar during the years 2016 and 2017. We offer display advertising placed by the City Clerk, such as the weekly City Calendar, at a column inch (one column wide by one inch tall) rate of $8. The ad cost of the half-page calendar ad would be $240 per week. The deadline for the content for the City Calendar ad will be 5 p.m. each Tuesday the week of publication. If The LOG needs to print at an earlier time (Thanksgiving week for instance) the deadline will change. At least one week's notice will be provided on these occasions. Additionally we offer more as part of a package. This same $8 per column inch rate would apply to any display ads placed by the City Clerk. Ads other than the City Calendar need to be placed by noon Monday the week of publication. Public Notices placed by the Seward City Clerk's office will be discounted 25% from the open rate of $2.50 per line. Notarized affidavits of publication will be provided by the publisher for each unique advertisement no cost. Lastly, to further City of Seward exposure on the internet, a small (310 x 150 pixel) web ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the duration of this agreement at no additional charge. The content of the ad will be provided by the City Clerk and can be changed as needed, no more often than weekly. The ad will link to a URL of the City's choice. Following is a draft agreement. The LOG looks forward to continuing to publish advertising for the City of Seward. Regards, —Annette Shacklett Publisher ALL ALASKA NEWS UNLIMITED, LLC dba dba The Seward G Ti c Phoenix L`O Tundra rums P.O.Box 103,Seward,AK 99664 907-224-4888 • advertising @TheSewardPhoenixLOG.com 12.0 ADVERTISING AGREEMENT This agreement is between All Alaska News Unlimited (AANU) dba The Seward Phoenix LOG and the City of Seward, Clerk's Office hereinafter referred to as the"Advertiser." The Advertiser agrees to advertise in products of AANU, as described below, for a period of twenty-four (24) months from the effective date of this advertising agreement. TYPE RATE ❑volume Agreement $ per year $ •Periodic Agreement •Weekly $8 per column inch ❑Every Other Week ($240 per half page) ❑Monthly Any ads placed by the Seward City Clerk •Other. Describe: Public Notices placed by the Seward City Clerk's office will be discounted 25%. Notarized affidavits of publication will be provided by the publisher no cost for each unique advertisement. A 310 x 150 pixel ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the dura- tion of this agreement at no additional charge.The content of the ad will be provided by the city clerk and can be changed as needed, no more often than weekly.The ad will link to a URL of the City's choice. Describe any other contingencies: The Seward City Clerk will submit content for the weekly City Calendar by 5 p.m. each Tuesday the week of publi- cation. If The LOG needs to print at an earlier time(Thanksgiving week,for instance)the deadline will change.At least one week's notice will be provided on these occasions. Ads other than the City Calendar must be placed by noon Monday the week of publication. First Advertisment Runs(Effective Date):January 7,2016. AANU agrees to not increase the rates during the term of this agreement unless printing costs increase more than 15 percent.If AANU increases rates Advertiser will receive 30 days notice of such increase and will have the option to modify Advertisers commitment level or cancel the contract without penalty to Advertiser. Except for those rate adjustments listed above, AANU will not increase rates to Advertiser during the term of this agreement. If Advertiser runs more advertising than committed,then Advertiser may be eligible for a rebate for all advertising placed during the term of this contract. The rebate will be determined by recalculating Advertiser's billing at the rate that would have applied had advertiser signed for the volume actually ran.Any rebate earned will be issued in the form of a credit to the advertiser's bill, but in no case will the resulting credit reduce Advertiser's actual dollar volume below the minimum level for that commitment. If Advertiser does not complete the commitment,for any reason,then ANUU reserves the right to recalculate Advertisers bill based on the actual volume achieved and to increase Advertiser's bill(short rate). In recognition of this agreement,the parties affix their signatures as follows: Advertiser Signiture Print Name 7y' p (LL 41 Dec. 3, 2015 AANU Signiture r �=�` Print Name Annette M. Shacklett, publisher Copies to:Advertiser,Sales Representative and Publisher ALL ALASKA NEWS UNLIMITED, LLC dba The Seward II gSar-111_1c, P.O.Box 103,Seward,AK 99664 J ( 907-224-4888 Phoenix L advertising@ heSewardPhoenixLOG.com �, Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,URGING THE ALASKA LEGISLATURE AND GOVERNOR TO FULLY FUND THE MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY 2017 STATE CAPITAL BUDGET WHEREAS, in 1999 the State of Alaska transferred ownership of harbor's to the communities; and WHEREAS,it is estimated that the backlog of projects necessary to repair and replace these former State owned harbors has increased to over $100,000,000; and WHEREAS, applications have been submitted by the City of Aleknagik City Dock - $94,000;the Municipality of Anchorage Sheep Creek Boat Ramp-$688,722;the City and Borough of Juneau Aurora Harbor - $2,000,000; the City of Kodiak City Float - $1,365,792; the City and Borough of Sitka Crescent Harbor-$5,000,000;the Municipality of Skagway Harbor-$1,000,000: the City of Valdez - $5,000,000; the City and Borough of Wrangell Shoemaker Bay Harbor - $5,000,000; and the City of Whittier Small Boat Harbor - $500,000; for a total of$20,648,514 in local match funding for FY2017 towards nine harbor projects of significant importance locally as required in the Harbor Facility Grant Program; and WHEREAS,for each harbor facility grant application these municipalities have committed to invest 100% of the design and permitting costs and 50% of the construction cost; and WHEREAS,other communities have supported Seward with resolutions to the state to fund the Facility Grant Program have in turn requested our support; and WHEREAS, during the last nine years the Municipal Harbor Facility Grant Program has only been fully funded twice. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City Manager is directed to urge the Alaska Legislature and Governor to fully fund the Harbor Facility Matching Grant Program in the amount of$20,648,514 in the FY2017 State Capital Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14`" day of December 2015. tiqp Council Agenda Statement Meeting Date: December 14, 2015 Through: City Manager Jim Hunt ( qo From: Norm Regis, Harbormaster Agenda Item: A resolution urging the State Legislature and Governor to fully fund the Municipal Harbor Facility Grant Program in the FY 2017 State Capital Budget BACKGROUND &JUSTIFICATION: The City of Seward received funding in 2016 from the Harbor Facility Grant program with support from other communities that have not yet requested funds. The City of Seward would like to support other communities. The grant program was started because the State of Alaska transferred the responsibility for its state owned harbors to local municipalities, but many harbors needed new capital investment. It is currently estimated that the backlog of projects necessary to repair and replace these former State owned harbors has increased to over$100,000,000. For FY 2017 many municipalities have grant applications pending with a total cost to the state of $20,648,514. The grant program has only been fully funded twice in the past nine years. The grant program is the best means to replace its docks and keep customer rate increases to a minimum, Seward urges support for funding this grant program each year in order to benefit other communities immediately and the City of Seward for future harbor improvements. DOT Grant Program The Municipal Harbor Facility Grant Program is managed by DOT&PF. The program provides 50/50 matching funds to eligible applicants. The program was created in 2006, but not funded until 2007. The legislature supplied funding in subsequent years (but not in 2009). The money can only be used for construction ready projects, not for planning or engineering. This grant program is funded on an annual basis at the discretion of the Alaska Legislature and consists of two tiers,Tier I and II. With State revenues projected to decline over the next few years, funding for the municipal Harbor Facility Grant Program will be a bigger challenge for the Legislature. INTENT: To urge the State legislature and Governor to fully fund the State Municipal Harbor Facility Grant Program in the amount of$20,648,514. 11:5 CONSISTENCY CHECKLIST: Yes No N/A 2020 Seward Comprehensive Plan (page 23): Create a thriving port of 1. Seward through harbor improvements, infrastructure expansion, and X implementation of management plans. 2 City of Seward Strategic Plan (page 7): Complete the renovation of the X Small Boat Harbor 3. Other: FISCAL NOTE: There is no fiscal note for this Agenda Statement and Resolution; this is to support other communities with the harbor improvement .. Approved by Finance Department: u/ ATTORNEY REVIEW: Yes No X N/A X RECOMMENDATION: Council approve Resolution 2015- 1 t 7-, authorizing the City Administration and lobbyist to urge the state legislature and Governor to fully fund the Harbor Matching Grant program in the amount of$20,648,514. 11-y Alaska Association of Harbormasters and Port Administrators � y� SriOY � JII O T .1•. 's PoI RESOLUTION NO. 2015-01 A RESOLUTION OF THE ALASKA ASSOCIATION OF HARBORMASTERS AND PORT ADMINISTRATORS IN SUPPORT OF FULL FUNDING FOR THE STATE OF ALASKA MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY 2017 STATE CAPITAL BUDGET. Whereas, the Alaska Association of Harbormasters and Port Administrators recognizes the majority of the public boat harbors in Alaska where constructed by the State during the 1960s and 1970s; and Whereas, these harbor facilities represent critical transportation links and are the transportation hubs for waterfront commerce and economic development in Alaskan coastal communities; and Whereas,these harbor facilities are ports of refuge and areas for protection for ocean-going vessels and fishermen throughout the State of Alaska, especially in coastal Alaskan communities; and Whereas,the State of Alaska over the past nearly 30 years has transferred ownership of most of these State owned harbors,many of which were at or near the end of their service life at the time of transfer,to local municipalities; and Whereas,the municipalities took over this important responsibility even though they knew that these same harbor facilities were in poor condition at the time of transfer due to the state's failure to keep up with deferred maintenance; and Whereas,consequently, when local municipal harbormasters formulated their annual harbor facility budgets, they inherited a major financial burden that their local municipal governments could not afford; and Whereas, in response to this financial burden, the Governor and the Alaska Legislature passed legislation in 2006, supported by the Alaska Association of Harbormasters and Port Administrators, to create the Municipal Harbor Facility Grant program, AS 29.60.800; and 2t5 Whereas,the Alaska Association of Harbormasters and Port Administrators, is pleased with the Department of Transportation and Public Facilities administrative process to review, score and rank applicants to the Municipal Harbor Facility Grant Program, since state funds may be limited; and Whereas,for each harbor facility grant application, these municipalities have committed to invest 100%of the design and permitting costs and 50%of the construction cost; and Whereas,the municipalities of the City of Aleknagik, the Municipality of Anchorage, the City and Borough of Juneau, the City of Kodiak, the City and Borough of Sitka,the Municipality of Skagway, the City of Valdez, the City and Borough of Wrangell, and the City of Whittier have offered to contribute$20,648,514 in local match funding for FY2017 towards nine harbor projects of significant importance locally as required in the Harbor Facility Grant Program; and Whereas,completion of these harbor facility projects is all dependent on the 50%match from the State of Alaska's Municipal Harbor Facility Grant Program; and Whereas,during the last ten years the Municipal Harbor Facility Grant Program has only been fully funded twice; and Whereas,during the last ten years the backlog of projects necessary to repair and replace these former State owned harbors has increased to over$100,000,000. Now therefore be it resolved that the Membership of the Alaska Association of Harbormasters and Port Administrators urges full funding in the amount of$20,648,514 by the Governor and the Alaska Legislature for the State of Alaska's Municipal Harbor Facility Grant Program in the FY 2017 State Capital Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. Passed and approved by a duly constituted quorum of the Alaska Association of Harbormasters and Port Administrators on this 14th day of October, 2015. Carl Uchytil, Presid ATTEST: Eaoti Kim Elliot, Executive Secretary 'r`E' Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY2016 SHARED FISHERIES BUSINESS TAX PROGRAM, AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY2016 Shared Fisheries Business Tax Program ("Program"), the municipality must demonstrate to the Department of Commerce, Community and Economic Development that the municipality experienced significant effects during calendar year 2014 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, the Program provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Seward, Alaska proposes to use an alternative allocation method for allocating the $40,240,18 in FY2016 funding available within the FMA 14: Cook Inlet Fisheries Management Area, in agreement with all other municipalities in the area participating in the FY2016 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, that: CITY OF SEWARD, ALASKA RESOLUTION 2015-113 Section 1. By this resolution the Council certifies that the City of Seward did experience significant effects during calendar year 2014 from fisheries business activities that occurred within the Cook Inlet fisheries management area, and seeks to apply for funding under the FY2015 Shared Fisheries Business Tax Program. Section 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent (50%) divided equally and fifty percent (50%) divided on a per capita basis. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of December, 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk 1(1. COUNCIL AGENDA STATEMENT Meeting Date: December 14,2015 fC.510 n clA Through: James Hunt,City Manager From: Kristin Erchinger,Finance Director 4445tIbP • Agenda Item: 2016 Shared Fisheries Business Tax and Landing Tax Program BACKGROUND&JUSTIFICATION: The City of Seward is required to apply to the State of Alaska Department of Community and Economic Development(DCED) each year, to qualify for funding under the State's Shared Fisheries Business Tax Program and the State Landing Tax Allocation. The purpose of the program is to provide for a sharing of state fish tax collected outside municipal boundaries, with municipalities that have been affected by fishing industry activities. This program is different from the state fish tax sharing program which shares fish tax revenues collected inside municipal boundaries. This is the 23rd year of this program, and municipalities across the state will share tax revenues from 2014 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that funding be allocated first to fisheries management areas across the state based on the level of fish and shellfish processed in each area, compared to the total fish and shellfish processed for the whole state. Then, funds are allocated among the municipalities located within each fisheries management area, based on the relative level of impacts experienced by each municipality. Seward is located in the Cook Inlet Fisheries Management Area, which includes Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Soldotna, and Seward. The State's FY2016 Shared Fisheries Business Tax Program allocation to be shared within this area is $40,240,18, down $4,297,90 from the prior year, and approximately $43,298 down over the past four years. The Landing Tax Allocation to be shared within this area is approximately$491.64,down $852.23 from the prior year. In fisheries management areas where the program allocation is greater than $4,000 multiplied by the number of municipalities in the area, program regulations provide for a "long-form" application. In the Cook Inlet Fisheries Management Area, the threshold value is $32,000 (8 municipalities x $4,000). The final deadline for submitting application for the FY2016 Shared Fisheries Business Tax and Landing Tax Program is February 15,2016. The long-form application provides for a "standard" and an "alternative" method of funding allocation. The City of Seward will file under the alternative method. Standard Method: Under this method, each municipality must determine and document the cost of fisheries business impacts experienced by the community in 2014. Once the impacts have been established for each of the municipalities, the DCED will calculate the allocation for each municipality using the following formula: One-half of the available funding is divided among participating municipalities on the basis of the relative dollar amount of impact in each community. The other half of the available funding is divided among municipalities based on the relative dollar amount of impact per capita in each community. q i- 1 Alternative Method: Alternative allocation methods may be proposed by the municipalities within the area. DCED will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing industry on the respective municipalities in the area. The short-form method allocates the available funds by sharing 50% of the funds equally among the participating municipalities, and allocating the remaining 50% on a per-capita basis. The information required by the long-form application would be difficult and time-consuming to obtain. Therefore, it is proposed that municipalities in our area use the alternative method and that we further agree that the allocation method be the same method used in the short form allocation. Given the small amount of additional funding that the City might gain by utilizing the standard method, compared to the additional time required to complete the application, it is our recommendation that the city of Seward agree to use the alternative method and agree that 50% of the funds will be allocated equally among the participating municipalities, and the remaining 50% allocated on a per-capita basis. This will be the fifteenth consecutive year of using this method. INTENT: The intent of this action is to authorize the City to participate in the Alternative Method of computing Shared Fisheries Business Tax. 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: Yes X No FISCAL NOTE: Using this same allocation method, Seward expects to receive approximately 6.6% or $2,662.42 of the total available $40,240.18 in Shared Fisheries Business Tax Allocation, and $32.53 of the total available $491.64 in Landing Tax Allocation. Approved by Finance Department: a444/.4A) RECOMMENDATION: Council approve Resolution 2015- j 1 adopting an alternative method for the FY2016 Shared Fisheries Business Tax Program, and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area and authorize the city manager to apply for funds from the Shared Fisheries Business Tax Program. 11)0 FY 16 Shared Fisheries Business Tax Program FMA 14: Cook Inlet Area FY 16 Landing Tax Allocation $491.64 Alternative Method* Total allocation: 50% Divided 50% per capita $40,240.18 $20,120.09 $20,120.09 Calculated Calculated Community Population 50%divided share 50%per capita share Allocation Allocation Anchorage 300,549 $2,515.01 $16,006.06 $18,521.07 $226.28 Homer 5,099 $2,515.01 $271.55 $2,786.56 $34.04 Kachemak 460 $2,515.01 $24.50 $2,539.51 $31.03 Kenai 7,167 $2,515.01 $381.69 $2,896.70 $35.39 Kenai Pen Boro 57,212 $2,515.01 $3,046.89 $5,561.90 $67.95 Seldovia 233 $2,515.01 $12.41 $2,527.42 $30.88 — Seward 2,768 $2,515.01 $147.41 $2,662.42 $32.53 Soldotna 4,311 $2,515.01 $229.59 $2,744.60 $33.53 r Totals 377,799 $20,120.09 $20,120.09 $40,240.18 $491.64 Community Count 8 *All municipalities share 50% of allocation equally; share remaining 50% on a per capita basis. Memorandum Date: December 14, 2015 To: Seward City Council From: Johanna Kinney, City Clerk Subj: Cancellation of the December 28,2015 City Council meeting According to City Council Rules of Procedure(Rule 2)and Seward City Code(2.10.030 A.1),the regular meetings of the City Council are held on the 2"d and 4th Mondays of each month at 7:00 p.m. Council has traditionally canceled the last meeting in December due to the holidays. If all business is met, it is recommended City Council cancel the second regular City Council meeting of December 28, 2015 in observance of the holiday season. Happy Holidays! City Council Rules of Procedure EVALUATION OF APPOINTED OFFICIALS Rule 16. The City Council shall evaluate the performance of the City Attorney,City Clerk and the City Manager separately and annually during the first council meeting in January, February and March of each year. These can be conducted in Executive Session. During the evaluation, the Council shall set goals,priorities and conduct salary negotiation for these appointed officials for the upcoming year. The City Attorney, City Manager and City Clerk will complete a summary stating their accomplishments for the past review period and their goals for the upcoming review period. The City Clerk will provide the necessary blank evaluation forms,and the appointed official's completed goals and accomplishments summary to the Council no later than two weeks prior to the scheduled evaluation. The Mayor can appoint a member of the Council to receive the completed forms and tabulate the results prior to the formal evaluation sessions. At any time,the council may,by majority vote, make a motion to hold additional evaluations as they feel is necessary. [See Appendices A4-6 for City Manager, City Attorney and City Clerk evaluation forms.) GIVING DIRECTION TO APPOINTED OFFICIALS RULE 17. The Manager, Clerk and Attorney work for the Council as a body and may not take direction from any individual member of the Council if doing so would conflict with the wishes of the majority. Generally, requests for research or drafting of ordinances, resolutions or other documents should be made at a meeting or work session to give dissenting members of the Council an opportunity to object to the request and to assure the appointed official that the direction given is supported by a majority of Council. Page 6 City of Seward, Alaska 1 (5") Monthly Budget-to-Actual Revenue Report-- By Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: General Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 4000 Tax Revenue-Sales 336,160 2,803,145 3,286,130 (482,985) 4,381,507 (1,578,362) 63.98 4010 Tax Revenue-Real Property 239,901 431,699 540,000 (108,301) 720,000 (288,301) 59.96 4011 Tax Revenue-Personal Property 109,780 156,662 217,500 (60,838) 290,000 (133,338) 54.02 4012 Tax Revenue-Motor vehicle 0 14,543 21,000 (6,457) 28,000 (13,457) 51.94 4020 Hotel/Motel Room Tax 6,526 184,453 291,638 (107,185) 388,850 (204,398) 47.44 4030 Payments in Lieu of Tax 0 34,361 55,500 (21,139) 74,000 (39.539) 46.43 4040 Penalties and Interest on Taxes 100 2,802 1,200 1,602 1,600 1,202 175.11 4100 Building Permits 12,113 82,702 37,500 45,202 50,000 32,702 165.40 4101 Permits-Taxi 0 873 750 123 1,000 (127) 87.29 4102 DMV-Drivers License 1,630 17,135 18,000 (865) 24,000 (6,865) 71.40 4103 DMV-Motor Vehicles 4,355 50,019 48,750 1,269 65,000 (14,981) 76.95 4104 Animal Control Licenses 0 195 263 (68) 350 (155) 55.71 4105 Business License 300 9,340 15,750 ,!=. ^) 21,000 (11,660) 44.48 4106 License and Permits-Misc 234 1,129 1,500 `! 2,000 (871) 56.47 4200 Revenue Sharing 216,994 216,994 187,500 29,494 250,000 (33,006) 86.80 4202 Jail Contract 0 335,411 202,740 132,671 295,203 40,208 113.62 4203 Dispatch Contract w/State of AK 9,000 33,250 23,875 9,375 36,000 (2,750) 92.36 4204 KPB 911 Dispatch 0 52,560 37,980 14,580 50,640 1,920 103.79 4205 Alaska Liquor Tax 0 19,350 16,500 2,850 22,000 (2,650) 87.95 4206 Alaska Raw Fish Tax 0 0 390,000 '10,C00) 520,000 (520,000) 0.00 4207 Fisheries Resource Landing Tax 0 3,019 0 3,019 0 3,019 0.00 4251 Grant Revenue-Federal Grants 0 19,892 680 19,212 680 19,212 2,925.27 4252 Grant Revenue-State Grants 0 51,232 16,958 34,274 16,958 34,274 302.11 4253 Grant Revenue-Misc Grants 0 3,294 794 2,500 794 2,500 414.94 4300 Admin.Exp.-Jail 7,503 67,528 67,528 0 90,037 (22. .: 75.00 4301 Admin Exp.-Harbor 27,746 249,711 249,711 0 332,948 (63,237) 75.00 4302 Admin.Exp.-SMIC 7,368 66,316 66,652 (336) 88,869 (22,553) 74.62 4303 Admin.Exp.-Parking Fund 866 7,793 7,469 324 9,959 (2,166) 78.25 4304 Admin.Exp.-Electric 72,380 651,419 651,418 0 868,558 (217,139) 75.00 4305 Admin.Exp.-Water 19,968 179,708 179,708 0 239,611 (59,90) 75.00 4306 Admin.Exp.-Sewer 12,194 109,746 109,746 0 146,328 (36,582) 75.00 4307 Copying Fees 24 10,703 6,750 3,953 9,000 1,703 118.92 4308 Sales Tax Credit 0 0 3,000 (3,000) 4,000 (4,000) 0.00 4309 Zoning Fees 0 93 0 93 0 93 0.00 4311 Zoning Fees 0 0 187 (187) 250 (250) 0.00 4320 Misc Dog Fees 85 1,009 1,650 (641) 2,200 (1,191) 45.86 4321 Miscellaneous Jail Revenue 0 0 1,125 (1,125) 1,500 (1,500) 0.00 4322 Miscellaneous Dispatching 833 7,500 7,500 0 10,000 (2,500) 75.00 4323 Miscellaneous Police Fees 140 1,615 0 1,615 0 1,615 0.00 4331 Shop Work Orders 0 2,538 2,100 438 2,800 (262) 90.64 4340 P&R:Public Use Fees 195 1,557 2,625 (1,068) 3,500 (1,943) 44.48 4341 P&R:Punchard Fees 1,442 10,249 15,000 (4,751) 20,000 (9,751) 51.24 4342 P&R:Class Registrations 2,438 41,054 48,000 (6,946) 64,000 (22°' 64.15 4343 P&R:Facility Rental 392 3,186 488 2,698 650 2,536 490.09 4344 P&R:Tournaments 0 1,439 7,500 (6,061) 10,000 (8,561) 14.39 4345 P&R:Special Events 0 17,668 15,000 2,668 20,000 (2,332) 88.34 4347 P&R:Shower Fees 916 14,668 8,250 6,418 11,000 3,668 133.35 4348 P&R:Rock Wall Fees 30 451 900 (449) 1,200 (749) 37.62 Monthly Budget-to-Actual Revenue Report-- By Fund Run:11/23/2015 at 5:37 PM City of Seward Page: 2 General Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget 4349 P&R:Pavilion Fees 93 4,506 3,000 1,506 4,000 506 112.65 4350 P&R:Camping Fees 24,502 381,353 202,500 178,853 270,000 111,353 141.24 4351 P&R:Camping w/Utilities 26,019 260,765 165,000 95,765 220,000 40,765 118.53 4352 P&R:RV Dump Station 1,616 14,378 3,750 10,628 5,000 9,378 287.55 4353 P&R:Misc Revenue 0 407 900 (493) 1,200 (793) 33.88 4354 P&R:Work Orders 2,323 5,899 0 5,899 0 5,899 0.00 4370 Library Service Revenue 830 8,006 9,750 (1,744) 13,000 (4,994) 61.58 4371 Library Circulation Revenue 500 3,549 5,625 (2,076) 7,500 (3,951) 47.32 4372 Museum Revenue 0 0 9,000 12,000 (12,000) 0.00 4373 Museum Admissions 2,428 19,359 0 19,359 0 19,359 0.00 4380 Land Rents&Leases 48,700 71,309 41,250 30,059 55,000 16,309 129.65 4382 Jail Facility Rental 2,500 22,500 22,500 0 30,000 <.;Al 75.00 4383 Municipal Building Rent 0 67,329 48,750 18,579 65,000 2,329 103.58 4400 Fines and Bails 828 10,682 7,500 3,182 10,000 682 106.82 4500 GF Interest on Investments 25 23,141 37,500 (14,;. !) 50,000 (26.a..'r:, 46.28 4501 GF Penalties&Interest 27 1,013 2,250 (1,237) 3,000 (1,987) 33.76 4610 Surplus Sales 0 120 1,500 (1,360) 2,000 (1,880) 6.00 4611 Gravel Sales 0 1,734 0 1,734 0 1,734 0.00 4620 Franchise Fee-Refuse 103 11,042 11,250 (208) 15,000 (3,958) 73.61 4630 City Clerk Fees 9 126 150 (24) 200 (74) 62.85 4632 Insurance Recovery/Rebate 0 146 0 148 0 146 0.00 4633 Vending Machine Fees 0 600 1,875 (1,275) 2,500 (1,900) 24.00 4639 Misc Service Fees 103 541 2,250 (1,709) 3,000 (2,459) 18.02 l� 4700 Other Financing Sources 0 364 0 364 0 364 0.00 S 5899 Miscellaneous Revenue 15 13,314 0 13,314 0 13,314 0.00 5911 Unrealized gain on FV of Investments 0 397 0 397 0 397 0.00 Total Revenues $ 1,202,234 $ 6,892,591 $ 7,441,115 $ $ 9,944,392 $ (3,051,:, $ 69.31 Monthly Budget Expenditure Report by Fund Run:11/23/2015 at 5:37 PM City of Seward Page: 1 General Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 280,603 2,672,374 3,098,825 426,452 4,078,893 1,406,519 65.52 6001 Overtime 16,445 141,601 99,242 (42,359) 130,937 (10,&,;4; 108.14 6002 Standby Time 0 4,766 6,127 1,361 8,169 3,403 58.34 6100 Medicare 6,898 63,234 63,032 (203) 82,778 19,544 76.39 6101 Unemployment Insurance 0 8,986 5,625 (3,361) 7,500 (1,40,3) 119.81 6102 Workers'Compensation 13,724 119,137 107,789 ("1,348) 142,612 23,475 83.54 6200 Leave Time 30,091 267,893 332,463 64,570 440,354 172,461 60.84 6201 Retirement Benefits 62,095 588,957 681,351 92,395 905,058 316,102 65.07 6202 Health Insurance 123,233 1,044,587 1,346,687 302,100 1,700,993 656,406 61.41 6203 In Lieu of FICA 0 2,581 3,704 1,123 4,939 2,358 52.26 Total Personnel Costs: $ 533,089 $ 4,914,116 $ 5,744,845 $ 830,729 $ 7,502,233 $ 2,588,117 $ 65.50 Non-Personnel Costs; 7000 Audit 0 92,000 77,500 (14.500) 95,000 3,000 96.84 7001 Communications 9,402 88,385 77,996 (8,389) 103,995 17,610 83.07 7002 Postage and Freight 2,285 22,649 33,188 10,539 44,254 21,605 51.18 7003 Banking&Credit Card Fees 4,435 21,086 7,575 (13,3:;, 10,100 C`.1,1,K,'; 208.77 - ;x,3':81: 103.07 7004 0 224.687 163,496 (61,18;; 217,996 7006 Legal 3,396 77,519 97,500 19,981 130,000 52,481 59.63 /5- 7009 Contracted Services 39,496 259,073 311,575 52,502 376,100 117,027 68.88 7011 Testing 675 4,745 0 (4,745) 0 ,,4 74 5) 0.00 7012 Other Special Services 200 14,430 38,525 24,095 45,900 31,470 31.44 7013 State Lobbying Fees 8,042 68,420 63,375 (5,045) 84,500 16,080 80.97 7014 Federal Lobbying Fees 7,667 76,683 69,150 (7.533) 92,200 15,517 83.17 7015 Utilities 37,762 353,660 343,125 (10.535) 457,500 103,840 77.30 7016 Heating Fuel 2,478 41,027 82,670 41.643 110,226 69,199 37.22 7017 Rents&Leases 11,875 62,512 46,875 (15,637) 62,500 100.02 7201 Library Books Library PLA Grant 1.332 11,181 14,352 3,170 17,352 6,170 64.44 7202 Ubrary Periodicals 0 688 2,250 1,562 3,000 2,312 22.92 7203 Library Standing Orders 0 1,833 3,750 1,917 5,000 3,167 36.66 7204 Ubrary Non-Print 45 3,453 4,125 672 5,500 2,047 62.77 7210 Vehicle Supplies 0 885 5,865 4,980 7,820 6,935 11.32 7211 Gas&Lube 2,416 31,818 83,663 51,844 111,550 79,732 28.52 7212 Uniform Allowance 107 7,898 5,190 (2,708 6,920 '``73 114.13 7213 Safety Equipment 347 6,038 13,181 7,143 17,575 11,537 34.35 7214 Janitorial Supplies 706 12,553 10,350 (2,203) 13,800 1,247 90.97 7215 Operating Supplies 23,916 254,026 216,675 (37,350) 286,454 32,428 88.68 7216 Maintenance&Repair 9,895 130,380 169,312 38,933 225,670 95,290 57.77 7217 Small Tools&Equipment 7,059 31,715 53,439 21,724 69,195 37,480 45.83 7218 Inmate Meals 1,832 7,580 10,500 2,920 14,000 6,420 54.14 7300 Advertising 4,790 18.925 24,428 5,502 32,570 13,645 58.11 7301 Subscriptions&Dues 2,151 23,727 18,308 4? } 24,414 687 97.19 7302 Travel&Subsistence 805 62,836 60,023 17,188 104,648 41,813 60.04 7303 Education&Training 390 26,361 42,079 15,717 53,906 27,545 48.90 7304 Equipment Rent 863 20,555 41,145 20,590 54,860 34,305 37.47 7305 Grant Overhead 0 0 89 89 89 89 0.00 7307 GF Administrative Fee 7,503 67,528 67,528 0 90,037 22,509 75.00 Monthly Budget Expenditure Report by Fund Run:11/23/2015 at 5:37 PM City of Seward Page: 2 General Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-TD (OveryUnder Annual (Over)/under %of Annual Month Actual Budget Budget Budget Budget Budget 7800 Sister City Program 0 3,950 3,375 (575) 4,500 550 87.78 7801 Contributions 0 204,128 156,628 (47,500) 204,128 0 100.00 7802 Contributions to Senior Citizens 0 75,000 56,250 (18,750) 75,000 0 100.00 7803 Contributions to SCF 0 50,000 18,750 (31,250) 25,000 (25,000) 200.00 7804 Elections 0 105 3,000 2,895 4,000 3,895 2.63 7805 Promotion 2,200 9,581 4,013 (5,569) 5,350 (4,231) 179.09 7806 Volunteer Fireman Stipend 1,667 16,667 15.000 (1,667) 20,000 3,333 83.33 7807 Contingency 0 5,062 8,475 3,414 11,300 6,239 44.79 7808 Bad Debt Expense 0 0 1,125 1,125 1,500 1,500 0.00 7810 NEscelianeous Expense 1,158 15,576 22,331 6,755 29,775 14,199 52.31 8012 Debt Service Interest Expense 0 155,150 116,363 (38,787) 155,150 0 100.00 8102 Buildings 3,900 24,000 0 (24,000) 0 ,24,iltir) 0.00 8103 Capital Equipment 0 0 6,750 6,750 9,000 9,000 0.00 8104 Motor Pool Rent 17,969 161,722 161,722 0 215,629 53,907 75.00 8300 Debt Service Principal 0 90,000 150,588 60,588 200,784 110,784 44.82 Total Non-Personnel Costs: $ 218,564 $ 2,935,797 $ 3,003,172 $ 67,375 $ 3,935,747 $ 999,950 $ 74.59 Total Expenditures $ 751,653 $ 7,549,913 $ 8,748,017 $ 898,104 $ 11,437,980 $ 3,588,067 $ 68.63 c. City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: General Fund Mayor and Council For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 22,300 17,800 13,500 18,000 75.00 Medicare 1,557 1,362 1,033 1,228 84.10 Workers'Compensation 183 153 113 124 91.48 Retirement Benefits 315 20 0 90 0.00 Total Personnel Costs: $ 24,355 $ 19,335 $ 14,646 $ 19,442 $ 75.33 Non-Personnel Costs: Audit 74,670 72,283 92,000 95,000 96.84 Communications 3,368 3,098 1,580 3,500 45.14 Postage and Freight 1,132 1.273 448 1,900 23.57 Insurance 709 496 549 900 61.03 Contracted Services 0 0 3,160 0 0.00 Other Special Services 0 118 0 0 0.00 State Lobbying Fees 89,761 84,500 68,420 84,500 80.97 Federal Lobbying Fees 72,696 99,075 76,683 92,200 83.17 Operating Supplies 5,960 8,981 6,500 9,000 72.22 Small Tools&Equipment 1,145 1,096 100 1,500 6.66 Advertising 11,712 13,066 9,141 22,000 41.55 Subscriptions&Dues 3,304 3,800 3,308 3,600 91.89 c.)' Travel&Subsistence 11,046 17,135 9,580 22,000 43.55 Education&Training 1,200 210 2,440 1,500 162.67 Sister City Program 6,495 2,485 3,950 4,500 87.78 Promotion 11,738 11,168 7,081 5,000 141.63 Contingency 2,500 2,500 0 3,000 0.00 Miscellaneous Expense 0 125 0 0 0.00 Total Non-Personnel Costs: $ 297,436 $ 321,409 $ 284,940 $ 350,100 $ 81.39 Total Expenditures $ 321,791 $ 340,744 $ 299,586 $ 369,542 $ 81.07 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 2 General Fund Legislative Boards & Commissions For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 29,434 26,999 23,302 19,393 120.16 Medicare 427 393 375 308 121.93 Workers'Compensation 239 229 213 140 152.28 Retirement Benefits 4,130 2,831 1,014 788 128.71 Health Insurance 12,733 13,918 10,404 15,032 69.22 Total Personnel Costs: $ 46,963 $ 44,370 $ 35,308 $ 35,661 $ 99.01 Non-Personnel Costs: Postage and Freight - 9 0 104 0.00 Insurance 633 595 578 696 83.03 Operating Supplies 78.4 866 196 1,996 9.80 Subscriptions&Dues 140 400 0 1,004 0.00 Travel&Subsistence 533 1,117 0 2,504 0.00 Education&Training 0 480 0 4,996 0.00 Total Non-Personnel Costs: $ 2,095 $ 3,467 $ 774 $ 11,300 $ 6.85 Total Expenditures $ 49,058 $ 47,837 $ 36,082 $ 46,961 $ 76.83 V� City of Seward Run: 11/23/2015 at 5:34 PM Expenditure Budgeted penditure Report by Department Page: 3 9 General Fund Legal For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Communications 0 210 0 0 0.00 Legal 78,390 99,572 77,519 130,000 59.63 Other Special Services 9,165 0 0 0 0.00 Operating Supplies 0 0 13 0 0.00 Subscriptions&Dues 0 333 0 0 0.00 Travel&Subsistence 1,619 1,317 1,454 0 0.00 Total Non-Personnel Costs: $ 89,174 $ 101,432 $ 78,986 $ 130,000 $ 60.76 Total Expenditures $ 89,174 $ 101,432 $ 78,986 $ 130,000 $ 60.76 0 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 4 General Fund City Clerk For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 132,391 141,497 91,293 153,652 59.42 Overtime 1,419 2,859 1,119 1,691 66.15 Medicare 2,744 2,155 1,623 2,264 71.67 Workers'Compensation 2,109 1,207 930 1,004 92.66 Leave Time 14,913 16,564 22,387 16,743 133.71 Retirement Benefits 19,471 16,144 4,440 6,189 71.74 Health Insurance 60,630 74,707 51,563 80,683 63.91 Total Personnel Costs: $ 233,677 $ 255,133 $ 173,355 $ 262,226 $ 66.11 Non-Personnel Costs: Communications 0 1,469 2,082 0 0.00 Insurance 2,577 2,841 2,872 3,000 95.73 Contracted Services 4,864 5.694 1,540 9.000 17.11 Operating Supplies 22 130 825 0 0.00 Advertising 239 0 0 0 0.00 Subscriptions&Dues 468 370 250 700 35.72 Travel&Subsistence 3,371 5,569 2,434 5,000 48.68 Education&Training 1,636 2,651 2,075 2,500 83.00 Equipment Rent 6,897 5,560 5,560 6,000 92.67 Elections 1,562 2,866 105 4,000 2.63 Promotion 0 162 0 0 0.00 Miscellaneous Expense 76 0 0 0 0.00 Total Non-Personnel Costs: $ 21,712 $ 27,312 $ 17,743 $ 30,200 $ 58.75 Total Expenditures $ 255,389 $ 282,445 $ 191,098 $ 292,426 $ 65.35 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 5 General Fund City Manager For 9/3012015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 227,014 230,342 136,875 188,991 72.42 Overtime 0 0 731 0 0.00 Medicare 3,498 3,541 1,923 2,852 67.44 Unemployment Insurance 0 0 1,242 0 0.00 Workers'Compensation 3,628 4,788 1,141 1,316 86.68 Leave Time 25,684 29,945 17,512 25,587 68.44 Retirement Benefits 34,318 26,815 5,014 10,659 47.04 Health Insurance 67,833 85,466 41,853 52,254 80.09 Total Personnel Costs: $ 361,975 $ 380,897 $ 206,291 $ 281,659 $ 73.24 Non-Personnel Costs: Communications 3,825 4,093 3,255 3,000 108.49 Postage and Freight 76 210 265 300 88.42 Bank and Credit Card Fees 0 0 4 0 0.00 Insurance 5,098 4,971 4,441 5,000 88.82 Contracted Services 45,000 3,718 21,259 3,000 708.62 Utilities 0 3,382 3,712 2,000 185.59 Gas&Lube 1,371 2,781 2,015 1,400 143.90 Operating Supplies 3,161 4,859 10,038 6,000 167.30 .�- Maintenance&Repair 0 90 15 500 3.00 Small Tools&Equipment 3,541 385 564 1,000 56.42 Advertising 60 188 2,277 500 455.43 Subscriptions&Dues 5,428 10,101 2,999 2,000 149.95 Travel&Subsistence 20,510 21,683 11,941 17,000 70.24 Education&Training 373 2,099 4,857 1,000 485.71 Promotion 790 1,555 2,500 350 714.20 Contingency 4,561 5,680 5,062 8,300 60.98 Miscellaneous Expense 468 417 2,138 2,000 106.90 Motor Pool Rent 0 4,285 3,214 4,285 75.00 Total Non-Personnel Costs: $ 94,262 $ 70,497 $ 80,556 $ 57,635 $ 139.77 Total Expenditures $ 450,237 $ 451,394 $ 286,847 $ 339,294 $ 84.54 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 6 General Fund MIS For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 126,902 151,433 131,046 153,262 85.50 Overtime 1,024 2,380 1,307 5,338 24.48 Medicare 2,052 2,345 2,034 2,541 80.05 Workers'Compensation 2,044 1,320 1,124 1,096 102.58 Leave Time 16,517 19,151 11,960 18,481 64.72 Retirement Benefits 19,445 18,171 5,314 6,606 80.44 Health Insurance 40,420 49,667 _ 34,470 53,640 64.26 Total Personnel Costs: $ 208,404 $ 244,467 $ 187,255 $ 240,964 $ 77.71 Non-Personnel Costs: Communications 3,979 4,441 3,083 4,000 77.08 Postage and Freight 0 7 895 500 179.02 Insurance 2,579 2,894 3,287 3,400 96.68 Contracted Services 0 0 0 5,500 0.00 Uniform Allowance 0 0 295 0 0.00 Operating Supplies 22,294 30,081 39,959 26,000 153.69 Maintenance&Repair 5,000 3 0 5,000 0.00 Small Tools&Equipment 6,289 4,998 2,953 5,000 59.06 Advertising 0 75 0 500 0.00 Subscriptions&Dues 1,195 4,488 196 500 39.17 Travel&Subsistence 3,468 1,485 2,188 2,500 87.51 l� Education&Training 0 0 0 5,000 0.00 Miscellaneous Expense 0 76 0 500 0.00 Capital Equipment 3,894 0 0 0 0.00 Total Non-Personnel Costs: $ 48.698 $ 48,548 $ 52,856 $ 58,400 $ 90.51 Total Expenditures $ 257,102 $ 293,015 $ 240,111 $ 299,364 $ 80.21 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 7 General Fund Community Development For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 112,325 119,438 107,336 150,023 71.55 Overtime 0 64 417 0 0.00 Medicare 1,765 1,826 1,709 2,286 74.75 Workers'Compensation 1,805 1,006 958 1,045 91.65 Leave Time 12,328 13,095 12,435 13,225 94.02 Retirement Benefits 15,734 14,117 4,524 5,942 76.13 Health Insurance 39,018 50,457 34,565 54,494 63.43 Total Personnel Costs: $ 182,975 $ 200,003 $ 161,944 $ 227,015 $ 71.34 Non-Personnel Costs: Communications 2,609 2,807 2,238 3,000 74.62 Postage and Freight 120 168 175 500 34.96 Insurance 2,141 2,504 2,695 2,700 99.81 Contracted Services 14,025 35,574 39,205 55,000 71.28 Operating Supplies 1,939 5,606 763 2,200 34.69 Maintenance&Repair 1,424 536 1,639 1,500 109.30 Small Tools&Equipment 1,071 1,770 295 4,000 7.37 Subscriptions&Dues 60 958 0 0 0.00 Travel&Subsistence 6,790 10,794 2,655 1,500 177.00 Education&Training 1,095 1,260 195 4,600 424 L Equipment Rent 0 0 150 3,000 4.99 Miscellaneous Expense 285 240 0 1,000 0.00 Capital Equipment 0 0 0 4,000 0.00 Total Non-Personnel Costs: $ 31,559 $ 62,217 $ 50,010 $ 83,000 $ 60.25 Total Expenditures $ 214,534 $ 262,220 $ 211,954 $ 310,015 $ 88.37 City of Seward Run:11/23/2015 at 5.34 PM Budgeted Expenditure Report by Department Page: 8 General Fund Finance For 913012015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 367,359 390,269 327,614 576,640 56.81 Overtime 3,718 6,100 16,399 4,064 403.51 Medicare 5,941 8,717 7,421 8,513 87.17 Workers'Compensation 5,893 3,377 3,109 3,892 79.89 Leave Time 41,379 43,000 30,849 60,154 51.28 Retirement Benefits 51,912 38,971 12,140 25,609 47.41 Health Insurance 135,395 149,995 118,890 210,906 56.37 Total Personnel Costs: $ 611,597 $ 640,429 $ 516,422 $ 889,778 $ 58.04 Non-Personnel Costs: Communications 6,399 6,262 5,661 6,500 87.09 Postage and Freight 2,468 2.485 676 2,600 25.98 Insurance 7,432 8,006 8,371 8,200 102.09 Contracted Services 7,230 700 2,921 10,000 29.21 Testing 0 0 123 0 0.00 Operating Supplies 21,421 23,852 23,590 14,000 168.50 Maintenance&Repair 55,894 28,957 19,872 36,000 55.20 Small Tools&Equipment 0 5,892 1,529 4,000 38.24 Advertising 158 45 1,417 500 283.36 Subscriptions&Dues 2,529 2,397 433 1,300 33.31 _ Travel&Subsistence 11,912 17,717 6,022 12,000 50.18 S Education&Training 7,065 5,150 3,968 8,000 49.60 Miscellaneous Expense 1,678 605 0 1,200 0.00 Capital Equipment 0 2,666 0 3,000 0.00 Total Non-Personnel Costs: $ 124,186 $ 104,734 $ 74,583 $ 107,300 $ 69.51 Total Expenditures $ 735,783 $ 745,163 $ 591,005 $ 997,078 $ 59.27 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 9 General Fund General Services For 9!30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 0 0 192 0 0.00 Medicare 0 0 15 0 0.00 Workers'Compensation 0 0 24 0 0.00 Leave Time 0 0 0 0 0.00 Total Personnel Costs: $ 0 $ 0 $ 231 $ 0 $ 0.00 Non-Personnel Costs: Communications 7,834 1,336 870 1,600 54.37 Postage and Freight 8,073 12,527 0 2,000 0.00 Bank and Credit Card Fees 3,873 4,048 2,231 5,000 44.62 Insurance 142 554 717 600 119.53 Contracted Services 0 3,958 7,742 30,000 25.81 Testing 0 0 250 0 0.00 Other Special Services 0 3,741 1,812 16,400 11.05 Utilities 4,929 122 0 0 0.00 Gas&Lube 283 726 0 300 0.00 Safety Equipment 0 0 0 4,500 0.00 Operating Supplies 2,923 13,085 3,368 8,000 42.10 Maintenance&Repair 6,758 4,611 44 4,000 1.09 _ Small Tools&Equipment 0 18,664 0 0 0.00 Advertising 793 961 0 1,200 0.00 Subscriptions&Dues 204 4,232 0 500 0.00 Travel&Subsistence 313 0 0 0 0.00 Equipment Rent 0 0 673 0 0.00 Promotion 125 0 0 0 0.00 Bad Debt Expense 445 0 0 1,500 0.00 Miscellaneous Expense 12,993 24,459 561 10,000 5.61 Unrealized Loss on Investments 34,336 0 0 0 0.00 Motor Pool Rent 5,400 0 0 0 0.00 Total Non-Personnel Costs: $ 89,424 $ 93,044 $ 18,268 $ 85,600 $ 21.34 Total Expenditures $ 89,424 $ 93,044 $ 18,499 $ 85,600 $ 21.51 City of Seward Run: 11/23/2015 at 5:34 P!i Budgeted Expenditure Report by Department Page: 10 General Fund General Services - Copier For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Operating Supplies 578 994 2,597 1,200 216.45 Equipment Rent 9,351 9,002 3,791 14,000 27.08 Total Non-Personnel Costs: $ 9,929 $ 9,996 $ 6,388 $ 15,200 $ 42.03 Total Expenditures $ 9,929 $ 9,996 $ 6,388 $ 15,200 $ 42.03 S City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 11 General Fund Contributions For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Contributions 170,000 190,000 204,128 204,128 100.00 Contributions to Senior Citizens 60,000 75,000 75,000 75,000 100.00 Contributions to SCF 62,420 25,000 50,000 25,000 200.00 Total Non-Personnel Costs: $ 292,420 $ 290,000 $ 329,128 $ 304,128 $ 108.22 Total Expenditures $ 292,420 $ 290,000 $ 329,128 $ 304,128 $ 108.22 oa City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 12 General Fund Police For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 887,296 903,631 641,903 997,197 64.37 Overtime 63,105 66,122 55,112 54,638 100.87 Medicare 20,778 21.017 15,141 22,838 66.30 Unemployment insurance 0 0 0 1,500 0.00 Workers'Compensation 36,805 36,901 30,786 35,517 86.68 Leave Time 102,505 108,251 69,450 114,713 60.54 Retirement Benefits 142,228 107,055 26,802 42,099 63.66 Health Insurance 353,514 427,050 295,428 461,027 64.08 Total Personnel Costs: $ 1,606,231 $ 1,670.027 $ 1,134,622 $ 1,729.529 $ 65.60 Non-Personnel Costs: Communications 14,289 15,679 14.229 15,500 91.80 Postage and Freight 2,391 2,472 1,330 2,500 53.19 Bank and Credit Card Fees 4,808 5,913 4,538 5,100 88.98 Insurance 67,080 70,450 76,034 71,500 106.34 Contracted Services 350 2,874 350 3,000 11.67 Testing 0 0 227 0 0.00 Other Special Services 5,790 919 2,999 3,000 99.96 Gas&Lube 18,257 17,459 9,743 19,000 51.28 Uniform Allowance 3,894 791 4,113 4,000 102.82 Safety Equipment 0 1,025 2,807 2,500 112.28 Operating Supplies 15,172 18,598 12,160 15,000 81.06 Maintenance&Repair 17,616 16,398 9,322 12,240 76.16 Small Tools&Equipment 2,332 1,916 3,516 4,000 87.90 Advertising 793 638 699 500 139.80 Subscriptions&Dues 3,068 4,248 4,416 8,500 51.95 Travel&Subsistence 17,435 25,520 14,432 14,000 103.08 Education&Training 5,393 4,006 4,759 4,590 103.68 Equipment Rent 5,942 5,530 1,527 5,810 27.21 Miscellaneous Expense 516 918 1,251 5,500 22.74 Motor Pool Rent 48,000 22,000 18,000 24,000 75.00 Total Non-Personnel Costs: $ 233.126 $ 217,354 $ 186,452 $ 220,040 $ 84.74 Total Expenditures $ 1,839,357 $ 1,887,381 $ 1,321,074 $ 1,949,569 $ 67.76 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 13 General Fund Jail For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs:. Salaries 250,786 249,460 166,058 289,938 57.27 Overtime 21,297 23,359 25,253 20,271 124.57 Medicare 4,169 4,216 3,037 4,839 62.77 Unemployment Insurance 0 0 2,000 0 0.00 Workers'Compensation 15,305 16,781 13,655 14,496 94.20 Leave Time 31,114 34,728 21,420 35,806 59.82 Retirement Benefits 41,212 31,848 7,661 12,580 60.90 Health Insurance 118,760 146,851 86,580 158,599 54.59 Total Personnel Costs: $ 482,643 $ 507,243 $ 325,664 $ 536,529 $ 60.70 Non-Personnel Costs: Communications 3,888 4,985 3,962 4,000 99.05 Postage and Freight 521 1,230 470 1,000 46.99 Insurance 21,827 22,883 24,966 22,000 113.48 Contracted Services 2,000 0 0 1,000 0.00 Rents&Leases 30,000 30,000 22,500 30,000 75.00 Uniform Allowance 920 907 977 1,020 95.79 Janitorial Supplies 1,432 1,274 1,465 2,000 73.25 Operating Supplies 5,407 7,504 4,177 6,500 64.27 C5\ Maintenance&Repair 594 1,760 252 1,530 16.47 0 Small Tools&Equipment 364 816 0 2,000 0.00 Inmate Meals 13,489 12,450 7,580 14,000 54.14 Advertising 0 75 291 500 58.20 Subscriptions&Dues 588 385 0 650 0.00 Travel&Subsistence 2,526 1,165 173 300 57.65 Education&Training 348 10 50 1,020 4.90 GF Administrative Fee 82,907 86,990 67,528 90,037 75.00 Miscellaneous Expense 252 364 0 700 0.00 Motor Pool Rent 2,500 2,083 0 0 0.00 Total Non-Personnel Costs: $ 189,563 $ 174,881 $ 134,391 $ 178,257 $ 75.39 Total Expenditures $ 652,206 $ 682,124 $ 460,055 $ 714,786 $ 64.36 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 14 General Fund Animal Control For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 0 44,914 40,944 57,871 70.75 Overtime 0 1,543 1,652 0 0.00 Medicare 0 640 613 671 91.28 Workers'Compensation 0 1,551 2,510 2,236 112.28 Leave Time 0 4,036 3,457 3,527 98.02 Retirement Benefits 0 5,489 1,667 1,746 95.49 Health Insurance 0 22,955 17,256 24,792 69.60 Total Personnel Costs: $ 0 $ 81,128 $ 68,099 $ 90,843 $ 74.96 Non-Personnel Costs: Communications 0 1,247 955 0 0.00 Postage and Freight 0 0 15 0 0.00 Insurance 82 580 1,146 300 382.03 Contracted Services 57,287 4,892 0 0 0.00 Utilities 7,413 6,590 5,548 6,000 92.47 Heating Fuel 0 0 0 500 0.00 Gas&Lube 0 470 602 3,800 15.85 Uniform Allowance 0 102 0 0 0.00 - Operating Supplies 0 5,959 3,187 6,794 46.91 Maintenance&Repair 0 10,405 0 5,000 0.00 Small Tools&Equipment 265 0 0 0 0.00 Advertising 106 111 0 0 0.00 Travel&Subsistence 0 2,755 1,338 3,100 43.16 Education&Training 0 0 593 0 0.00 Miscellaneous Expense 0 228 0 0 0.00 Total Non-Personnel Costs: $ 65,153 $ 33,339 $ 13,384 $ 25,494 $ 52.50 Total Expenditures $ 65,153 $ 114,467 $ 81,483 $ 118,337 $ 70.04 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 15 General Fund Fire Department For 9/30/2015 2013 2014 Y-T-D 2015 V.of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 157,415 1 62,212 122,225 194,175 62.95 Overtime 320 181 0 484 0.00 Medicare 1,861 2,429 2,310 4,896 47.19 Workers'Compensation 14,732 16,646 13,162 16,754 78.56 Leave Time 20,481 22,092 13,343 19,034 70.10 Retirement Benefits 21,587 18,140 4,711 6,696 70.35 Health Insurance 56,460 69,434 46,969 74,989 62.64 In Lieu of FICA 1,711 0 0 0 0.00 Total Personnel Costs: $ 274,567 $ 291,134 $ 202,720 $ 317,028 $ 63.94 Non-Personnel Costs: Communications 7,363 7,056 6,587 9,000 73.19 Postage and Freight 1,187 1,698 1,103 1,500 73.56 Insurance 22,114 27,119 26,077 24,000 108.65 Contracted Services 0 1,644 26,626 2,000 1,331.27 Testing 0 0 458 0 0.00 Utilities 69,670 71,534 52,942 75,000 70.59 Heating Fuel 14,778 12,640 7,832 15,000 52.21 Rents&Leases 151 1,841 0 3,500 0.00 Vehicle Supplies 2,816 3,600 420 6,000 7.00 Gas&Lube 8,466 10,885 2,572 7,000 36.75 Uniform Allowance 1,894 788 196 900 21.78 Safety Equipment 2,714 2,058 0 4,000 0.00 Operating Supplies 5,212 7,169 2,923 7,000 41.76 Maintenance&Repair 8,124 10,154 8,663 10,000 86.63 Small Tools&Equipment 8,731 6,710 1,490 6,000 24.84 Advertising 318 0 674 500 134.79 Subscriptions&Dues 961 474 458 700 65.43 Travel&Subsistence 6,721 7,002 2,752 4,500 61.15 Education&Training 1,889 1,943 1,317 2,500 52.69 Equipment Rent 1,396 223 670 1,500 44.67 Miscellaneous Expense 278 262 857 500 171.40 Motor Pool Rent 110,177 53,252 40,451 53,934 75.00 Total Non-Personnel Costs: $ 274,960 $ 228,052 $ 185,068 $ 235,034 $ 78.74 Total Expenditures $ 549,527 $ 519,186 S 387,788 $ 552,062 $ 70.24 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 16 General Fund Volunteers For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Workers'Compensation 0 8,263 0 10,000 0.00 Total Personnel Costs: $ 0 $ 8,263 $ 0 $ 10,000 $ 0.00 Non-Personnel Costs: Communications 0 136 12 0 0.00 Postage and Freight 1,096 2,248 536 1,000 53.55 Insurance 0 0 0 4,000 0.00 Contracted Services 0 1,403 0 0 0.00 Rents&Leases 0 0 175 0 0.00 Uniform Allowance 1,669 3,602 1,156 1,000 115.56 Operating Supplies 4,609 6,488 3,590 3,000 119.65 Maintenance&Repair 1,138 10,702 1,426 4,000 35.64 Small Tools&Equipment 7,321 19,285 4,690 15,170 30.91 Subscriptions&Dues 115 0 0 0 0.00 Travel&Subsistence 4,075 4,787 491 3,500 14.01 Education&Training 942 4,422 1,086 4,500 24.13 In-Kind Expenses 0 11,781 0 0 0.00 Volunteer Fireman Stipend 20,000 20,000 16,667 20,000 83.33 6\ Miscellaneous Expense 0 167 0 0 0.00 Total Non-Personnel Costs: $ 40,965 $ 85,021 $ 29,829 $ 56,170 $ 53.10 Total Expenditures $ 40,965 $ 93,284 $ 29,829 $ 66,170 $ 45.08 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 17 General Fund Emergency Preparedness For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Communications 680 805 1,944 5,500 35.35 Postage and Freight 26 59 70 250 28.04 Utilities 1,800 1,854 1,632 2,000 81,62 Operating Supplies 476 960 240 1,000 24.00 Maintenance&Repair 0 0 131 500 26.13 Small Tools&Equipment 0 0 644 1,000 64.39 Advertising 2 0 0 0 0.00 Subscriptions&Dues 0 0 0 500 0.00 Travel&Subsistence 939 483 0 1,500 0.00 Education&Training 0 163 0 1,500 0.00 Miscellaneous Expense 0 338 0 0 _ 0.00 Total Non-Personnel Costs: $ 3,923 $ 4,662 $ 4,661 $ 13,750 $ 33.90 Total Expenditures $ 3,923 $ 4,662 $ 4,661 $ 13,750 $ 33.90 S City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 18 9 General Fund SVAC For 8/3012015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs; Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Postage and Freight 158 149 0 150 0.00 Insurance 3,166 3,148 3,148 3,400 92.58 Other Special Services 10,000 20,000 0 20,000 0.00 Gas&Lube 2,646 3,203 538 2,200 24.43 Operating Supplies 1,080 3,140 0 0 0.00 Maintenance&Repair 1,311 5,636 4,947 1,500 329.81 Total Non-Personnel Costs: $ 18,361 $ 35,276 $ 8,633 $ 27,250 $ 31.68 Total Expenditures $ 18,381 $ 35,278 $ 8,633 $ 27,250 $ 31.68 S City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 19 General Fund Building Inspection For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 63,489 72,468 49,239 72,367 68.04 Overtime 849 369 301 161 186.66 Medicare 1,017 1,108 808 1,115 72.44 Workers'Compensation 1,022 610 464 499 92.90 Leave Time 7,071 8,010 5,771 7,478 77.17 Retirement Benefits 8,563 8,160 2,193 2,900 75.63 Health Insurance 24,381 _ 30,883 21,367 33,353 64.07 Total Personnel Costs: $ 106,392 $ 121,608 $ 80,143 $ 117,873 $ 67.99 Non-Personnel Costs: Communications 2,777 3,507 2,673 2,500 106.93 Postage and Freight 148 125 30 250 11.98 Insurance 1,293 1,420 1,428 1,500 95.19 Contracted Services 0 0 135 0 0.00 Rents&Leases 254 1,841 0 2,000 0.00 Gas&Lube 447 321 227 500 45.49 Uniform Allowance 275 0 0 0 0.00 Operating Supplies 2,109 1,627 874 1,500 58.25 -- Maintenance&Repair 13 0 0 1,000 0.00 t.s Small Tools&Equipment 5,382 2,336 651 2,000 32.54 -6-' Advertising 0 296 0 500 0.00 Subscriptions&Dues 215 240 61 300 20.32 Travel&Subsistence 2,247 424 725 2,500 29.01 Education&Training 745 188 88 2,000 4.40 Equipment Rent 1,293 223 670 0 0.00 Motor Pool Rent 6,000 4,000 3,000 4,000 75.00 Total Non-Personnel Costs: $ 23,198 $ 16,548 $ 10,562 $ 20,550 $ 51.40 Total Expenditures $ 129,590 $ 138,156 $ 90,705 $ 138,423 $ 65.53 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 20 General Fund Engineering For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 0 5,051 7,019 22,384 31.36 Medicare 0 70 115 365 31.38 Workers'Compensation 0 42 54 154 35.07 Leave Time 0 1,563 3,618 5,640 64.15 Retirement Benefits 0 1,352 266 844 31.47 Health Insurance 0 1,817 1,954 7,453 26.22 Total Personnel Costs: $ 0 $ 9,895 $ 13,026 $ 36,840 $ 35.36 Non-Personnel Costs: Insurance 0 51 159 0 0.00 Gas&Lube 0 113 0 0 0.00 Operating Supplies 0 3,704 0 3,000 0.00 Maintenance&Repair 0 0 22 0 0.00 Small Tools&Equipment 0 1,967 0 0 0.00 Travel&Subsistence 0 45 0 0 0.00 Miscellaneous Expense 0 0 69 0 0.00 Total Non-Personnel Costs: $ 0 $ 5,880 $ 250 $ 3,000 $ 8.33 _ Total Expenditures $ 0 $ 15,775 $ 13,276 $ 39,840 $ 33.32 S City of Seward Run: 11123!2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 21 General Fund Street Operations For 9130/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 112,031 137,089 80,413 150,973 53.26 Overtime 2,770 9,957 8,885 5,279 168.30 Standby Time 1,432 1,278 0 0 0.00 Medicare 1,040 1,237 1,112 1,231 90.34 Workers'Compensation 7,524 14,480 8,106 10,405 77.91 Leave Time 16,651 14,533 4,103 21,528 19.06 Retirement Benefits 16,665 16,700 3,531 6,115 57.74 Health Insurance 44,445 64,898 35,535 70,090 50.70 In Lieu of FICA 2,056 1,810 410 2,469 16.59 Total Personnel Costs: $ 204,614 $ 261,982 $ 142,095 $ 268,090 $ 53.00 Non-Personnel Costs: Communications 522 252 102 4,000 2.54 Postage and Freight 1,150 1,463 1,679 5,400 31.09 Insurance 15,192 15,463 17,252 17,000 101.48 Contracted Services 33,086 25,645 7,218 20,000 36.09 Testing 0 0 946 0 0.00 Utilities 99,677 101,233 75,826 102,000 74.34 Gas&Lube 70,766 47,890 4,839 52,000 9.31 Safety Equipment 544 1,934 945 1,200 78.74 is Operating Supplies 12,108 32,109 34,182 27,000 126.60 Maintenance&Repair 44 246 21,352 14,515 45,000 32.26 Small Tools&Equipment 1,316 2,753 1,878 1,700 110.46 Advertising 1,789 228 573 250 229.23 Subscriptions&Dues 0 360 0 350 0.00 Travel&Subsistence 429 565 345 1,100 31.39 Education&Training 0 125 734 1,200 61.18 Equipment Rent 30 235 0 1,000 0.00 Miscellaneous Expense 785 2,249 10,001 2,700 370.42 Motor Pool Rent 181,000 90,000 52,500 70,000 75.00 Total Non-Personnel Costs: $ 462,640 $ 343,856 $ 223,535 $ 351,900 $ 63.52 Total Expenditures $ 667,254 $ 605,838 $ 365,830 $ 619,990 $ 58.97 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 22 General Fund Snow and Ice For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 41,709 36,377 33,664 50,690 66.41 Overtime 36,894 20,805 4,269 19,950 21.40 Standby Time 6,895 6,681 4,244 8,169 51.96 Medicare 768 686 618 880 70.24 Workers'Compensation 4,440 4,333 4,177 5,413 77.16 Leave Time 0 244 0 0 0.00 Retirement Benefits 10,563 6,673 1,678 3,266 51.39 Health Insurance 14,724 _ 17,372 15,242 17,661 86.30 Total Personnel Costs: $ 115,993 $ 93,171 $ 63,892 $ 106,029 $ 60.26 Non-Personnel Costs: Postage and Freight 1.951 4,783 2,848 4.500 63.29 Contracted Services 6,553 29,607 35,820 9,200 389.35 Gas&Luba 1,745 264 0 2,800 0.00 Safety Equipment 0 0 0 550 0.00 Operating Supplies 73,940 37,144 3,049 52,000 5.86 Maintenance&Repair 59,373 41,981 20,618 34,000 60.64 Small Tools&Equipment 0 63 0 650 0.00 Advertising 0 0 0 450 0.00 S Travel&Subsistence 0 0 0 500 0.00 Education&Training 0 0 0 800 0.00 -S) Miscellaneous Expense 78 37 0 1,000 0.00 Motor Pool Rent 36,822 30,000 18,919 25,225 75.00 Total Non-Personnel Costs: $ 180,462 $ 143,879 $ 81,254 $ 131,675 $ 61.71 Total Expenditures $ 296,455 $ 237,050 $ 145,146 $ 237,704 $ 61.06 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 23 General Fund City Shop For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 141,242 117,837 90,102 124,497 72.37 Overtime 389 866 1,807 8,142 22.19 Standby Time 0 64 522 0 0.00 Medicare 1,759 1,450 1,132 1,712 66.14 Unemployment Insurance 6,240 1,008 0 0 0.00 Workers'Compensation 10,252 9,469 7,848 10,479 74.90 Leave Time 26,912 26,518 9,275 26,209 35.39 Retirement Benefits 19,329 13,806 3,804 5,456 69.72 Health Insurance 50,570 53,409 36,849 57,682 63.88 In Lieu of FICA 1,993 1,756 410 494 82.91 Total Personnel Costs: $ 258,686 $ 226,183 $ 151,749 $ 234,671 $ 64.66 Non-Personnel Costs: Communications 8,198 7,193 5,684 9,000 63.15 Postage and Freight 601 1,457 1,227 1,900 64.59 Insurance 5,738 6.487 6,377 7,000 91.11 Contracted Services 2,943 90 0 3,000 0.00 Utilities 31,139 30,218 24,851 39,500 62.91 Heating Fuel 22,930 17,626 9,246 27,000 34.25 S Gas&Luba 8,756 70 61 7,400 0.83 Safety Equipment 1,646 1,862 595 1,625 36.63 O Operating Supplies 22,318 72,321 29,808 29,125 102.34 Maintenance&Repair 2,900 4,832 14,080 10,000 140.80 Small Tools&Equipment 11,861 6,491 3,297 8,175 40.33 Subscriptions&Dues 95 307 4,749 1,000 474.95 Travel&Subsistence 155 430 102 2,000 5.10 Education&Training 199 213 0 1,500 0.00 Miscellaneous Expense 500 61 106 1,225 8.67 Motor Pool Rent 7,250 7,246 5,437 7,250 75.00 Total Non-Personnel Costs: $ 127,229 $ 156,902 $ 105,620 $ 156,700 $ 67.40 Total Expenditures $ 385,915 $ 383,085 $ 257,389 $ 391,371 $ 65.76 a N m co to a. e p �5;4a ON��4 3 pOp pgPPoo 8N Oto88000000 0 N ..+ I� �ONCDfODtOD tOD gri06O.MC0vi00000 vN 3 c 7 O m QQ pp�� N 88 o88p p pp 40). 41 N4q)ONNt'ON O rtD§8 O8§88000000 ti 3 <YInN vrM d' I, 0 O.a0 NU')O14, N N 10 o� Ors- CO 00M� �)` jPN ON 8 E N QO r_ co. 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').}'CD COQ CO CD�� N_ N �To �.+.T. e- N y clo N M N (/��� CO 4- CO n 0 It)1,.CI I,-It)N 0C)N0 0O tO w- m = Q 28 88.128 883Vb24 8 V-8 I V r N N 0 a C X 0 U, N N w la m i.t d CO IZII m m CJ Y O • �.� C1 mC p C a C -6 V O c o Roo N C 7 E E8 mm E 282 v, 13.8.5(0 8� _ 2 a o o Ega �cw $ wg,-- . a o g v • 0 E 03 m e_ a u E &c f$ c-1 .�m.h- 06 w U z ea a a z I— 1- 0 cv N C c Ce I (P I City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 25 General Fund Community Center Building For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs:, Total Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Non-Personnel Costs: Insurance 3,328 3,570 3,682 3,700 99.52 Contracted Services 3,350 3,110 12,340 4,500 274.22 Utilities 9,459 11,022 8,541 8,500 100.48 Heating Fuel 4,044 5,714 2,861 5.000 57.23 Safety Equipment 1,579 0 0 0 0.00 Operating Supplies 136 328 720 1,000 71.99 Maintenance&Repair 2,508 1,969 2,391 6,000 39.85 Small Tools&Equipment 0 3,830 0 0 0.00 Miscellaneous Expense 0 0 0 500 0.00 Total Non-Personnel Costs: $ 24,404 $ 29,543 $ 30,535 $ 29,200 $ 104.57 Total Expenditures $ 24,404 $ 29,543 $ 30,535 $ 29,200 $ 104.57 i' City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 26 General Fund City Hall Annex For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 0 0 787 0 0.00 Medicare 0 0 60 0 0.00 Workers'Compensation 0 0 84 0 0.00 Total Personnel Costs: $ 0 $ 0 $ 931 $ 0 $ 0.00 Non-Personnel Costs: Postage and Freight 63 0 0 0 0.00 Insurance 1,146 2,229 2,146 2,500 85.86 Contracted Services 2,406 15,964 308 50,000 0.62 Utilities 4,019 10,315 9,236 3,700 249.61 Heating Fuel 6,756 5,824 1,826 7,400 24.67 Safety Equipment 1,579 0 0 0 0.00 Operating Supplies 160 1,475 905 0 0.00 Maintenance&Repair 2,559 3,933 483 0 0.00 Small Tools&Equipment 676 0 0 0 0.00 Buildings 25,735 9,800 24,000 0 0.00 Total Non-Personnel Costs: $ 45,099 $ 49,540 $ 38,904 $ 63,600 $ 61.17 Total Expenditures $ 45,099 $ 49,540 $ 39,835 $ 63,600 $ 62.63 6— City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 27 General Fund Parks & Rec-Administration For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 88,905 87,345 63,487 92,616 68.55 Overtime 0 0 137 0 0.00 Medicare 1,533 1,211 971 1,400 69,35 Workers'Compensation 1,410 700 515 639 80.52 Leave Time 15,610 13,491 8,365 15,722 53.20 Retirement Benefits 12,587 10,063 2,436 3,640 66.92 Health Insurance 30,019 33,648 19,701 29,324 67.18 Total Personnel Costs: $ 150,064 $ 146,458 $ 95,612 $ 143,341 $ 66.70 Non-Personnel Costs: Communications 6,261 7,060 4,622 5,800 79.68 Postage and Freight 841 399 340 1,200 28.34 Bank and Credit Card Fees 0 0 (,.:4) 0 0.00 Insurance 1,900 1,844 1,757 2,200 79.87 Contracted Services 35,709 0 0 0 0.00 Heating Fuel 288 735 0 1,300 0.00 Safety Equipment 0 47 0 150 0.00 Operating Supplies 1,587 3,827 6,573 2,000 328.64 Maintenance&Repair 832 552 0 0 0.00 Advertising 132 0 1,331 100 1,331.73 Subscriptions&Dues 804 645 695 550 126.37 L Travel&Subsistence 210 162 295 1,100 26.84 Education&Training 231 688 506 1,000 50.60 Miscellaneous Expense 27 94 0 200 0.00 Total Non-Personnel Costs: $ 48,822 $ 16,053 $ 16,095 $ 15,600 $ 103.17 Total Expenditures $ 198,886 $ 162,511 $ 111,707 $ 158,941 $ 70.28 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page. 28 General Fund Parks & Rec - Parks Maintenance For 913012015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 103,924 99,052 68,690 116,657 58.88 Overtime 3,643 3,831 2,574 2,454 104.91 Medicare 4,637 5,103 3,537 4,939 71.61 Unemployment Insurance 3,704 1,475 2,204 0 5,510,000.00 Workers'Compensation 9,581 10,840 7,987 8,842 90.33 Leave Time 13,458 11,755 6,950 9,846 70.59 Retirement Benefits 8,249 5,493 1,336 1,933 69.10 Health Insurance 25,423 25,025 14,132 22,526 62.74 Total Personnel Costs: $ 172,619 $ 162,574 $ 107,410 $ 167,197 $ 64.24 Non-Personnel Costs: Communications 2,230 1,230 71 2,500 2.84 Postage and Freight 3,004 1,615 969 1,800 53.82 Bank and Credit Card Fees 0 79 0 0 0.00 Insurance 7,569 8,574 9,480 8.000 118.50 Contracted Services 3,132 9.252 1,119 3,600 31.08 Testing 0 725 432 0 0.00 Other Special Services 0 0 3,500 0 0.00 Utilities 17,299 15,904 15,490 17,800 87.02 Heating Fuel 2,698 1,339 654 1,350 48.47 Rents&Leases 0 0 4,814 0 0.00 Vehicle Supplies 65 192 167 770 21.68 S Gas&Lube 8,655 6,255 4,169 7,400 56.34 Uniform Allowance 0 1,269 188 0 0.00 Safety Equipment 2,453 649 798 1,000 79.83 Janitorial Supplies 643 610 0 2,100 0.00 Operating Supplies 6,876 4,174 4,549 1,400 324.89 Maintenance&Repair 16,289 15.027 7,285 10,000 72.85 Small Tools&Equipment 6,145 7,434 3,406 2,500 136.23 Advertising 120 293 477 120 397.58 Subscriptions&Dues 0 40 0 100 0.00 Travel&Subsistence 30 2,612 1,050 250 419.96 Education&Training 0 274 1,354 500 270.78 Equipment Rent 300 2,433 150 2,750 5.44 Miscellaneous Expense 1,358 816 59 1,400 4.21 Capital Equipment 2,795 0 0 0 0.00 Motor Pool Rent 8,949 10,083 8,250 11,000 75.00 Total Non-Personnel Costs: $ 90,610 $ 90,879 $ 68,431 $ 76,340 $ 89.64 Total Expenditures $ 263,229 $ 253,453 $ 175,841 $ 243,537 $ 72.20 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 29 General Fund Parks & Rec-Campgrounds For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs:. Salaries 110,739 115,219 87,336 117,985 74.02 Overtime 8,158 8,397 9,782 6,454 151.56 Medicare 6,829 6,702 5,379 6,931 77.61 Unemployment Insurance 123 2,672 0 5,000 0.00 Workers'Compensation 10,693 11,980 9,977 8,970 111.23 Leave Time 0 1,128 0 0 0.00 Retirement Benefits 4,246 4,085 1,276 1,915 66.61 Health Insurance 12,909 13,712 12,321 23,526 52.37 Total Personnel Costs: $ 153,697 $ 163,895 $ 126,071 $ 170,781 $ 73.82 Non-Personnel Costs: Communications 646 1,883 3,131 820 381.84 Postage and Freight 989 574 177 600 29.58 Bank and Credit Card Fees 0 10,947 12,668 0 0.00 Insurance 2,138 2,315 2,295 2,300 99.76 Contracted Services 3,702 7,483 4,513 3,300 136.77 Testing 0 40 766 0 0.00 Other Special Services 0 325 0 0 0.00 Utilities 90,574 97,252 71,036 90,000 78.93 .- Heating Fuel 249 94 204 676 30.16 6- Rents&Leases 0 0 9,080 0 0.00 Vehicle Supplies 0 3,078 298 750 39.79 Gas&Lube 6,302 7,005 5,220 5,000 104.40 Uniform Allowance 0 1,940 973 0 0.00 Safety Equipment 798 1,304 740 1,000 74.04 Janitorial Supplies 5,545 4,412 6,407 5,800 110.47 Operating Supplies 5,937 6,880 6,478 4,800 134.95 Maintenance&Repair 12,397 13,345 8,365 12,700 65.87 Small Tools&Equipment 1,650 960 1,789 2,000 89.46 Advertising 0 0 269 0 0.00 Subscriptions&Dues 413 6.706 5,483 60 9,137.60 Travel&Subsistence 37 647 411 500 82.26 Education&Training 0 272 100 1,500 6.67 Equipment Rent 20,870 10,368 6,075 18,000 33.75 Capital Equipment 10,554 0 0 2,000 0.00 Motor Pool Rent 8,261 9,000 6,750 9,000 75.00 Total Non-Personnel Costs: $ 171,062 $ 186,630 $ 153,228 $ 160,806 $ 95.29 Total Expenditures $ 324,759 $ 350,525 $ 279,299 $ 331,587 $ 84.23 City of Seward Run:11/2312015 at 5:34 PM Budgeted Expenditure Report by Department Pa 30 General Fund Parks & Rec-Cemetery �' For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costa; Salaries 0 0 2,692 0 0.00 Overtime 0 0 62 0 0.00 Medicare 0 0 210 0 0.00 Workers'Compensation 0 0 318 0 0.00 Retirement Benefits 0 0 1 0 0.00 Health Insurance 0 0 7 0 0.00 Total Personnel Costs: $ 0 $ 0 $ 3,290 $ 0 $ 0.00 Non-Personnel Costs: Total Non-Personnel Costs: $ 0 $ 0 $ 0 $ 0 $ 0.00 Total Expenditures $ 0 $ 0 $ 3,290 $ 0 $ 0.00 6— City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 31 General Fund Parks &Rec Sports &Recreation For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 103,711 105,943 78,891 106,825 73.85 Overtime 4,353 7,454 2,599 0 0.00 Medicare 2,637 2,998 2,664 2,186 121.87 Unemployment Insurance 0 379 1,772 1,000 177.24 Workers'Compensation 1,993 1,482 3,011 744 404.72 Leave Time 10,347 11,205 6,951 10,630 65.39 Retirement Benefits 12,014 9,171 2,177 3,622 60.10 Health Insurance 37,784 46,811 27,157 50,555 53.72 In Lieu of FICA 1,972 1,886 991 988 100.33 Total Personnel Costs: $ 174,811 $ 187.329 $ 126,213 $ 176,550 $ 71.49 Non-Personnel Costs: Communications 3,487 4.211 2,621 3,500 74.87 Postage and Freight 2,051 1,424 2,631 2,600 101.17 Bank and Credit Card Fees 0 0 1,668 0 0.00 Insurance 2,284 2,281 2,220 2,700 82.23 Contracted Services 8,355 53,572 36,397 51,000 71.37 Testing 0 0 228 0 0.00 Heating Fuel 0 0 194 0 0.00 Rents&Leases 18,124 18,000 18,100 20,000 90.50 6-. Gas&Lube 0 524 279 0 0.00 04 Uniform Allowance 0 830 0 0 0.00 Safety Equipment 0 0 0 500 0.00 Janitorial Supplies 0 579 0 0 0.00 Operating Supplies 22,365 33,451 23,328 22,000 106.03 Maintenance&Repair 608 423 337 0 0.00 Small Tools&Equipment 0 0 4,628 300 1,542.53 Advertising 173 811 578 2,200 26.27 Subscriptions&Dues 190 249 0 325 0.00 Travel&Subsistence 1,211 1,698 304 2,000 15.18 Education&Training 381 0 350 750 46.67 Equipment Rent 0 150 150 0 0.00 Miscellaneous Expense 1,046 636 206 600 34.34 Total Non-Personnel Costs: $ 60.285 $ 118,839 $ 94,219 $ 108,475 $ 86.86 Total Expenditures $ 235,096 $ 306,168 $ 220,432 $ 285,025 S 77.34 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 32 General Fund Parks & Roc-TYC For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 147,950 125,359 93,458 130,275 71.74 Overtime 7,179 1,235 7,531 0 0.00 Medicare 6,795 3,513 4,795 3,213 149.25 Unemployment Insurance 3,111 4,666 1,767 0 0.00 Workers'Compensation 4,353 2,604 5,528 851 649.57 Leave Time 5,422 5,408 3,341 7,653 43.66 Retirement Benefits 11,424 8,788 1,853 3,713 49.90 Health Insurance 31,010 36,562 21,934 52,669 41.64 In Lieu of FICA 0 107 727 988 73.57 Total Personnel Costs: $ 217,244 $ 188,242 $ 140,934 $ 199,362 $ 70.69 Non-Personnel Costs: Communications 4,393 7,129 5,416 4,200 128.95 Postage and Freight 1,033 678 670 1,100 60.94 Insurance 2,891 2,749 2,407 3,500 68.77 Contracted Services 0 3,264 3,827 1,000 382.67 Testing 0 428 1,087 0 0.00 Heating Fuel 0 88 0 0 0.00 Vehicle Supplies 0 0 0 300 0.00 Gas&Lube 1,486 968 1,282 1,950 65.72 Uniform Allowance 0 60 0 0 0.00 6- Safety Equipment 82 771 132 300 44.00 Janitorial Supplies 612 643 903 800 112.85 Operating Supplies 18,894 21,074 13,917 8,400 165.68 Maintenance&Repair 4,969 754 303 3,500 8.66 Small Tools&Equipment 0 0 6 2,500 0.24 Advertising 110 521 0 50 0.00 Subscriptions&Dues 26 57 0 275 0.00 Travel&Subsistence 1,371 800 453 750 60.42 Education&Training 149 411 350 950 36.84 Miscellaneous Expense 0 37 98 0 0.00 Motor Pool Rent 6,196 6,357 5,201 6,935 75.00 Total Non-Personnel Costs: $ 42,212 $ 46,789 $ 36,052 $ 36,510 $ 98.75 Total Expenditures $ 259,456 $ 235,031 $ 176,986 $ 235,872 $ 75.03 City of Seward Run: 11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 33 General Fund Parks & Rec - The Rec Room For 9!30!2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 0 19,069 24,868 20,000 124.34 Overtime 0 380 340 500 67.98 Medicare 0 1,239 1,081 1,250 86.50 Workers'Compensation 0 173 619 200 309.48 Retirement Benefits 0 542 497 525 94.72 Health insurance 0 1,763 5,725 3,300 173.50 In Lieu of FICA 0 0 44 0 0.00 Total Personnel Costs: $ 0 $ 23,166 $ 33,174 $ 25,775 $ 128.71 Non-Personnel Costs: Communications 0 269 0 300 0.00 Postage and Freight 0 3 39 0 0.00 Insurance 0 194 467 0 0.00 Uniform Allowance 0 950 0 0 0.00 Janitorial Supplies 0 59 302 100 301.92 Operating Supplies 0 4,722 1,929 4,000 48.22 Maintenance&Repair 0 173 0 200 0.00 Advertising 0 147 0 200 0.00 Total Non-Personnel Costs: $ 0 $ 6,517 $ 2,737 $ 4,800 $ 57.02 Total Expenditures $ 0 $ 29,683 b 35,911 $ 30,575 $ 117.45 0 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 34 General Fund Library/Museum For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Salaries 178,657 181,321 131,126 194,054 67.57 Overtime 696 656 443 0 0.00 Medicare 3,414 3,912 2,690 3,036 88.60 Workers'Compensation 2,863 1,485 1,104 1,375 80.28 Leave Time 17,123 15,473 10,110 20,250 49.93 Retirement Benefits 24,169 18,662 4,670 7,894 59.16 Health Insurance 77,484 89,936 60,462 97,130 62.25 Total Personnel Costs: $ 304,406 $ 311,445 $ 210,605 $ 323,739 $ 65.05 Non-Personnel Costs: Communications 17,213 20,365 15,075 15,000 100.50 Postage and Freight 6,231 7,230 6,004 9,000 66.71 Insurance 16,255 11,471 11,386 10,000 113.86 Contracted Services 49,669 57,200 51,593 57,500 89.73 Testing 0 217 228 0 0.00 Other Special Services 12,620 11,310 6,120 6,500 94.15 Utilities 34,220 49,233 34,706 40,000 86.76 Heating Fuel 26,265 10,947 7.382 30,000 24.61 Rents&Leases 6,324 6,324 7,843 7,000 112.05 Library Materials-Other 0 20 0 0 0.00 Library Books 12,289 8,987 11,181 17,352 64.44 Library Periodicals 3,341 4,157 688 3,000 22.92 Library Standing Orders 3,927 5,858 1,833 5,000 36.66 Library Non-Print 3,220 4,066 3,453 5,500 62.77 Janitorial Supplies 3,706 6,174 3,476 3,000 115.88 Operating Supplies 13,414 11,427 10,016 12,039 83.20 Maintenance&Repair 3,357 6.400 12,856 1,500 857.04 Small Tools&Equipment 6,444 7,417 280 5,000 5.60 Advertising 4,241 3,907 1.198 2,500 47.90 Subscriptions&Dues 2,044 2,118 679 1,500 45.27 Travel&Subsistence 1,501 6,221 3,690 4,544 81.21 Education&Training 2,172 3,602 1.539 2.000 76.95 Equipment Rent 524 687 1,140 3,000 37.99 Grant Overhead 0 963 0 89 0.00 In-Kind Expenses 0 1,696 0 0 0.00 Miscellaneous Expense 2,363 212 _ 229 500 45.85 Total Non-Personnel Costs: $ 231,340 $ 248,209 $ 192,595 $ 241,524 $ 79.74 Total Expenditures $ 535,746 $ 559,654 $ 403,200 $ 565,263 $ 71.33 City of Seward Run:11/23/2015 at 5:34 PM Budgeted Expenditure Report by Department Page: 35 General Fund Debt Service For 9/30/2015 2013 2014 Y-T-D 2015 %of Annual Actual Actual Actual Budget Budget Total Expenditures Personnel Costs: Retirement Benefits 836,750 1,373,271 487,656 740,893 65.82 Total Personnel Costs: $ 836,750 $ 1,373,271 $ 487,656 $ 740,893 $ 65.82 Non-Personnel Costs: Debt Service Interest Expense 159,400 159,400 155,150 155,150 100.00 Debt Service Principal 0 85,000 90,000 200,784 4.4.82 Total Non-Personnel Costs: $ 159,400 $ 244,400 $ 245,150 $ 355,934 $ 68.88 Total Expenditures $ 996,150 $ 1,617,671 $ 732,806 $ 1,096,827 $ 66.81 a } 1 Monthly Budget-to-Actual Revenue Report -- By Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 3 Harbor Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 5000 Land Rents&Leases 98,100 433,969 306,000 127,969 408,000 25,969 106.36 5001 Land Lease Credits (77,500) (46 875) (15,000) 124.00 5100 Transient Moorage 58,741 475,861 430,763 45,098 574,350 (98,489) 82.85 5101 Moorage 80,770 1,262,654 797,250 465,404 1,063,000 199,654 118.78 5102 Wharfage 0 37,439 36,000 1,439 48,000 (10,561) 78.00 5103 Boat Lift Fees 12,398 100,967 84,000 16,967 112,000 (11,033) 90.15 5105 Harbor Power Sales 34,216 259,541 300,000 (40,459) 400,000 (140,459) 64.89 5150 Shower Fees 1,289 15,032 9,000 6,032 12,000 3,032 125.26 5153 Fuel Pumping Fee 0 10,122 15,375 (5.253) 20,500 (10,378) 49.37 5154 Waiting List Fees 5,796 9,104 5,250 3,854 7,000 2,104 130.05 5155 Towing Fees 263 1,208 1,500 (293) 2,000 (793) 60.37 5156 Pumping Boats 32 63 187 (124) 250 (187) 25.20 5157 North Harbor Launch Fee 1,290 28,493 26,250 2,243 35,000 (6, 0,' 81.41 5158 South Harbor Launch Fee 776 15.142 11,250 3,892 15,000 142 100.95 5800 Labor&Services 945 6,039 8,625 (2,586) 11,500 (5,461) 52.51 5890 Collection of Doubtful Accounts 0 1,106 750 356 1,000 106 110.57 5899 Miscellaneous Revenue 525 991 1,500 (509) 2,000 (1,009) 49.54 5901 EF Investment Interest 0 0 11,250 (11,250) 15,000 (15,000) 0.00 5905 EF Penalties and Interest 904 6.866 3,750 3,116 5,000 1,866 137.33 -- 5940 Amortization of Contributions-in-Aid 0 0 928,113 (928,113) 1,237,484 (1,237,484) 0.00 2 5941 Amortization of Bond Premiums 0 0 6,281 (6,281) 8,375 - (8,375) 0.00 Total Revenues $ 280,545 $ 2,587,097 $ 2,936,219 $ (349,123) $ 3,914,959 $ (1,327.853) $ 66.08 Monthly Budget Expenditure Report by Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 3 Harbor Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 36,229 339,872 395,240 55,368 526,986 187,114 64.49 6001 Overtime 3,435 34,783 31,889 42,519 7,736 81.81 6002 Standby Time 978 10,066 9,087 12,116 2,050 83.08 6100 Medicare 765 7,082 7,643 561 10,191 3,109 69.50 6101 Unemployment insurance 0 430 0 o 0.00 6102 Workers'Compensation 2,920 28,429 24,512 32,683 4,254 86.98 6200 Leave Time 4,733 42,631 46,759 4,128 62,345 19,714 68.38 6201 Retirement Benefits 9,165 87,652 107,422 19,770 143,229 55,577 61.20 6202 Health Insurance 18,623 154,583 206,620 52,037 262,334 107,751 58.93 Total Personnel Costs: $ 76,848 $ 705,528 $ 829,172 $ 123,644 $ 1,092,403 $ 386,875 $ 64.58 Non-Personnel Costs: 7001 Communications 695 7,769 9,000 1,231 12,000 4,231 64.75 7002 Postage and Freight 0 2,320 8,062 5,742 10,750 8,430 21.58 7003 Bank and Credit Card Fees 4,368 42,099 37,500 (4,599) 50,000 7,901 84.20 7004 Insurance 0 43,176 40,125 (3,051) 53,500 10,324 80.70 7006 Legal 3,165 12,037 7,500 (4,537) 10,000 l>,i;s7) 120.37 7009 Contracted Services 6,318 56,600 113,112 56,512 135,862 79,262 41.66 7011 Testing 0 1,551 0 (',551) 0 (1,551) 0.00 7015 Utilities 6,918 83,443 86,250 2,807 115,000 31,557 72.56 7016 Heating Fuel 460 7,196 7,500 304 10,000 2,804 71.96 7100 General Power for Resale 12,741 192,638 267,750 75,112 359,000 166,362 53.66 7211 Gas&Lube 880 11,052 21,750 10,698 29,000 17,948 38.11 7213 Safety Equipment 40 6,145 5,625 (52U) 7,500 1.355 81.94 7214 Janitorial Supplies 222 9,085 6,375 (2,710) 8,500 (586) 106.88 7215 Operating Supplies 782 14,706 25,500 10,794 34,000 19,294 43.25 7216 Maintenance&Repair 296 18,074 39,000 20,926 52,000 33,926 34.76 7217 Small Tools&Equipment 359 6,423 14,250 7,827 17,000 10,577 37.78 7300 Advertising 611 4,266 3,750 (516) 5,000 734 85.33 7301 Subscriptions&Dues 290 890 1,125 235 1,500 610 59.33 7302 Travel&Subsistence 0 4,014 7,500 3,486 10,000 5,986 40.14 7303 Education&Training 0 3,575 3,000 (575) 4,000 425 89.38 7304 Equipment Rent 148 1,340 375 (965) 500 268.03 7321 Harbor General Indirect Costs 35,921 323,290 314,889 (8,401) 419,852 96,562 77.00 7322 Harbor Admin Indirect Costs 24,030 216,271 210,530 (5,741) 280,707 84,436 77.05 7323 SMIC General Indirect Costs 379 3,410 0 (3,410) 0 (3,410) 0.00 7324 Gen Fund Indirect Costs 27,746 249,711 249,711 0 332,948 83,237 75.00 7325 Harbor Internal Cost Allocation (605,587) 0 ( u49) (201,862) 75.00 7330 P.I.L.T. 0 78,886 137,136 58,250 182,848 103,962 43.14 7331 Reclass PILT to Transfer-Out 0 (137,136) (58,250) (182,848) (103,962) 43.14 7808 Bad Debt Expense o 0 7,500 7,500 10,000 10,000 0.00 7810 Miscellaneous Expense 150 956 2,625 1,669 3,500 2,544 27.30 7900 Depreciation Expense 0 0 1,183,286 1,183,286 1,577,714 1,577,714 0.00 8012 Debt Service Interest Expense 77,856 158,394 208,292 49,898 268,823 110,429 58.92 8014 Amortization of Bond Issue Costs 0 0 0 0 0.00 8101 Infrastructure 0 2,028 0 0 2,028) 0.00 Monthly Budget Expenditure Report by Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 4 Harbor Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)IUnder Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget 8104 Motor Pool Rent 4,818 43,357 43,358 0 57,810 14,453 75.00 8300 Debt Service Principal 0 236,254 390,296 154,042 511,859 275,605 46.16 Total Non-Personnel Costs: $ 141,906 $ 1,156,483 $ 2,708,467 $ 1,551,984 $ 3,580,876 $ 2,424,393 $ 32.30 Total Expenditures $ 218,754 $ 1,882,011 $ 3,537,639 $ 1,675,628 $ 4,673,279 $ 2,811,268 $ 39.84 0\ Monthly Budget-to-Actual Revenue Report-- By Fund Run:11/23/2015 at 5:37 PM City of Seward Page: SMIC Enterprise Fund g For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 4632 Insurance Recovery 0 522 0 522 0 522 0.00 5000 Land Rents&Leases 37,200 153,673 84,750 68,923 113,000 40,673 135.99 5001 Land Lease Credits 0 {60,009 0 0.00 5101 Moorage 0 13,611 2,250 11,361 3,000 10,611 453.69 5102 Wharfage 3,173 6.948 3,188 3,760 4,250 2,698 163.47 5103 Boat Lift Fees 24,251 155,479 75,000 80,479 100,000 55,479 155.48 5104 Storage Fees 7,648 69,213 82,500 (13,287) 110,000 (40.7 62.92 5106 SMIC Power Sales 3,627 31,219 27,000 4,219 36,000 (4,7811 86.72 5109 Washdown Pad Fees 3,463 6,063 5,000 1,063 5,000 1,063 121.26 5153 Fuel Pumping Fee 0 1,731 2,250 (519) 3,000 (1,269) 57.70 5800 Labor&Services 0 2,205 750 1,455 1,000 1,205 220.51 5940 Amortization of Contributions-in-Aid 0 0 789,786 (789;786) 1,053,048 1,053.048) 0.00 Total Revenues $ 49,362 $ 380,664 $ 1,072,474 $ (691,810) $ 1,428,298 $ (1,047634) $ 26.65 Monthly Budget Expenditure Report by Fund Run: 11/23/2015 at 5:37 PM City of Seward Page. 5 SMIC Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 6,809 53,984 47,693 (6,291) 63,591 9,607 84.89 6001 Overtime 604 9,888 2,479 (7,410) 3,305 (6,583) 299.19 6002 Standby Time 73 73 0 (73) 0 (73) 0.00 6100 Medicare 110 952 776 (176) 1,035 83 91.97 6102 Workers'Compensation 671 5,901 3,782 (2,120) 5,042 (859) 117.04 6201 Retirement Benefits 1,748 14,885 1,769 (13,117) 2,358 (12,527) 631.26 6202 Health Insurance 3,517 25,279 16,179 (9,100) 19,138 (6,141) 132.09 Total Personnel Costs: $ 13,532 $ 110,962 $ 72,678 $ (38,284) $ 94,469 $ (16,493) $ 117.46 Non-Personnel Costs: 7001 Communications 0 0 375 375 500 500 0.00 7002 Postage and Freight 0 688 4,125 3,437 5,500 4,812 12.52 7003 Bank and Credit Card Fees 0 10 0 (10) 0 (10) 0.00 7004 Insurance 0 17,525 6,675 00,850) 8,900 (8,625) 196.91 7006 Legal 701 13,091 0 (13,091) 0 (13,091) 0.00 7009 Contracted Services 2,134 51,862 37,500 (14,362) 50,000 (1,862) 103.72 7015 Utilities 265 11,702 11.250 (452) 15,000 3,298 78.02 7016 Heating Fuel 338 4,150 4,500 350 6,000 1,850 69.17 7100 General Power for Resale 518 16,763 16,500 (283) 22,000 5,237 76.20 7102 Power Fuel Costs 0 2,205 0 (2,205) 0 (2,205) 0.00 7211 Gas&tube 14 6,488 7,500 1,012 10,000 3,512 64.88 7215 Operating Supplies 155 3,928 4.500 572 6,000 2,072 65.46 7216 Maintenance&Repair 249 8,629 27,000 18,371 36,000 27,371 23.97 7217 Small Tools&Equipment 0 8,864 1,125 (7,739) 1,500 ;:,,3$+ 590.91 7300 Advertising 0 779 3,750 2,971 5,000 4,221 15.59 7302 Travel&Subsistence 0 43 75 32 100 57 43.00 7304 Equipment Rent 0 0 17,000 17,000 17.000 17,000 0.00 7321 Harbor General Indirect Costs 4,405 39,644 38,614 (1,030) 51,485 11,841 77.00 7322 Harbor Admin Indirect Costs 2,931 26,382 25,682 (700) 34,242 7,860 77.04 7323 SMIC General Indirect Costs 10,356 93,208 95,868 2,660 127,824 34,616 72.92 7324 Gen Fund Indirect Costs 7,368 66,316 66,316 0 88,421 22,105 75.00 7325 Harbor Internal Cost Allocation (96,618) (96,618) 0 (128,824) (32,206) 75.00 7330 P.I.L.T. 0 15,681 15,435 (246) 20,580 4,899 76.19 7331 Reclass PILT to Transfer-Out 0 (. (15,4°3 ° 246 (20,580) (4,899) 76.19 7808 Bad Debt Expense 0 0 3,000 3,000 4,000 4,000 0.00 7810 Miscellaneous Expense 0 530 0 (530) 0 (53 ' 0.00 7900 Depreciation Expense 0 0 855,194 855,194 1,140,259 1,140,259 0.00 8300 Debt Service Principal 0 147,012 0 (14- ''2) 0 1147,01L4 0.00 Total Non-Personnel Costs: $ 18,699 $ 423,201 $ 1,129,931 $ 706,730 $ 1,500,907 $ 1,077,706 $ 28.20 Total Expenditures $ 32,231 $ 534,163 $ 1,202,609 $ 668,446 $ 1,595,376 $ 1,061,213 $ 33.48 Monthly Budget-to-Actual Revenue Report -- By Fund Run: 11/23/2015 at 5:37 PM City of Seward Electric Enterprise Fund Page: 5 For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 5300 Residential 146,945 1,398,801 1,468,613 (69,812) 1,958,151 (559,350) 71.43 5302 Residential fuel factor 63,802 647,077 654,934 (7,856) 873,245 (228,168) 74.10 5303 Residential customer charge 40,180 355,695 373,624 (17,929) 498,165 (142,470) 71.40 5310 SG Service 111,091 876,241 893254 (17,012) 1,191,005 (314,764) 73.57 5312 SG fuel factor 41,804 34.8,596 345,167 3,428 460,223 (111,627) 75.74 5313 SG Customer Charge 17,850 157,416 181,775 (24,359) 242,366 (84,951) 64.95 5320 LG Service 170,514 1,403,504 1.522,537 (119,033) 2,030,049 (626,545) 69.14 5322 LG fuel factor 108,276 952,711 947,085 5,626 1,262,780 (310,069) 75.45 5323 LG customer charge 3,586 31,627 34,388 (2,761) 45,851 (14,224) 68.98 5324 LG demand charge 143,766 1,037,056 1,123,070 (86,014) 1,497,426 (460,370) 69.26 5325 Electric KVAR rate 0 0 3,750 (3,75?': 5,000 (5,000) 0.00 5326 Alternate Energy (805) (2,738) 1,934 (3,651) 2,846 22.04 5340 Spec.Contract Energy 15,926 111,290 81,254 30,036 108,339 2,951 102.72 5342 Special Contract fuel factor 49,937 394,081 372,130 21,951 496,173 (102,092) 79.42 5343 Spec.Contract customer charge 80 722 725 966 (24= 74.73 5345 Special Contract Demand 44,421 309,207 244,571 64,635 326,095 (16,&, 94.82 5350 Harbor Fund Power Sales 14,317 159,854 162,166 .2,312) 216,221 (56,367) 73.93 5352 Harbor power fuel factor 5,069 61,620 67,303 (5,683) 89,737 (28,117) 68.67 5360 Street&Yard 5,522 50,079 52,500 (2,421) 70,000 (19,921) 71.54 5362 Yard Light Fuel 364 3,639 0 3,639 0 3,639 0.00 5801 Tum on Fees 1,484 11,673 11,250 423 15,000 (3,327) 77.82 5802 Equipment Rental 0 0 19,500 (19,500) 26,000 (26,000) 0.00 5803 Joint Pole Use 0 0 7,500 (7,500) 10,000 (10,000) 0.00 c 5804 Work Order Revenue 0 0 15,000 (15,000) 20,000 (20,000) 0.00 5805 Chugach Coop Divid. 0 224,801 0 224,801 0 224,801 0.00 5890 Collection of Doubtful Accounts 102 3,771 0 3,771 0 3,771 0.00 5899 Miscellaneous Revenue 0 0 1,500 (1,500) 2,000 (2,000) 0.00 5901 EF Investment Interest 0 0 9,000 (9,000) 12,000 (12,000) 0.00 5905 EF Penalties and Interest 4,535 51,226 45,000 6,226 60,000 (8,774) 85.38 5931 Assessment Interest 0 0 750 (750) 1,000 (1,000) 0.00 5940 Amort.of CIA-General 0 0 773,070 (773,070) 1,030,760 (1,030.760) 0.00 5941 Amort.Bond Premium 0 0 6,275 (6,275) 8,366 (8,356' 0.00 Total Revenues $ 989,443 $ 8,589,882 $ 9,414,953 $ (825,070) $ 12,553,267 $ (3,963,3: $ 68.43 Monthly Budget Expenditure Report by Fund Run:11/23/2015 at 5:37 PM City of Seward Page: 6 Electric Enterprise Fund 9 For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 55,512 503,304 679,802 176,497 906,402 403,098 55.53 6001 Overtime 20,384 92,174 48,629 (43,545) 64,838 ",:.7,33,-,,., 142.16 6002 Standby Time 6,885 103,694 66,962 (36,731) 89,283 `4.44h 116.14 6100 Medicare 2,174 16,228 12.136 (4,092) 16,182 re i 100.29 6101 Unemployment Insurance 0 0 2,250 2,250 3,000 3,000 0.00 6102 Workers'Compensation 4,583 38,270 33,494 (4,776) 44,658 6,388 85.70 6200 Leave Time 5,378 52,866 79,662 26,796 106,216 53,350 49.77 6201 Retirement Benefits 14,993 119,118 126,322 7,204 168,429 49,311 70.72 6202 Health Insurance 16,951 136,043 167,630 31,587 221,642 85,599 61.38 6204 Meal Allowance 1,034 2,910 9,517 6,607 12,689 9,779 22.93 6205 Electric Union Benefits 4,004 20,690 15,000 (5,69(01 20,000 ;6`: , 103.45 Total Personnel Costs: $ 131,898 $ 1,085,297 $ 1,241,404 $ 156,107 $ 1.653,339 $ 568,042 $ 65.64 Non-Personnel Costs: 7001 Communications 1,325 13,085 15,375 2,290 20,500 7,415 63.83 7002 Postage and Freight 508 15,617 18,000 2,383 24,000 8,383 65.07 7003 Bank and Credit Card Fees 5,228 39,560 36,000 (3.560) 48,000 8,440 82.42 7004 Insurance 0 59,632 48,750 (10,882) 65,000 5,368 91.74 7006 Legal 1,176 10,623 46,500 35,877 62,000 51,377 17.13 7009 Contracted Services 13.908 90,699 209,145 118,445 276,000 185,301 32.86 7010 Engineering 0 4,347 0 (4,347) 0 (4,347) 0.00 7011 Testing 200 1,314 0 (1,314) 0 (1,314) 0.00 7012 Other Special Services 833 11,209 11,250 41 15,000 3,791 74.73 7015 Utilities 7,095 63,003 77,500 14,497 101,000 37,997 62.38 7016 Heating Fuel 686 21,156 28,500 7,344 37,000 15,844 57.18 t� 7017 Rents&Leases 33 18,390 12,750 r w.1 17,000 ('`r. .„, 108.18 � 7101 Chugach Power Purchases 203,483 1,397,284 1,331.250 '66...034 1,775,000 377,716 78.72 7102 Power Fuel Costs 246,792 1,867,084 2,299,500 432,416 3,066,000 1,198,916 60.90 7103 Fuel for Generators 0 78,238 112,500 34,262 150,000 71,762 52.16 7210 Vehicle Supplies 0 1,915 3,750 1,835 5,000 3,085 38.29 7211 Gas&Lube 1,061 22,927 32,250 9,323 43,000 20,073 53.32 7213 Safety Equipment 0 0 3,750 3,750 5,000 5,000 0.00 7214 Janitorial Supplies 0 373 0 (373,r 0 0.00 7215 Operating Supplies 47,046 188,451 206,250 17,799 275,000 86,549 68.53 7216 Maintenance&Repair 875 29,482 93,750 64,268 125,000 95,518 23.59 7217 Small Tools&Equipment 2,399 4,355 37,500 33,145 50,000 45,645 8.71 7300 Advertising 0 1,320 6,000 4,680 8,000 6,680 16.50 7301 Subscriptions&Dues 156 53,552 7,500 (4 ,05, 10,000 43.5F2} 535.52 7302 Travel&Subsistence 603 12,625 22,500 9,875 30,000 17,375 42.08 7303 Education&Training 0 5,568 33,750 28,182 45,000 39,432 12.37 7304 Equipment Rent 426 4,023 17,250 13,227 23,000 18,977 17.49 7307 GF Administrative Fee 72,380 651,419 651,418 0 868,558 217,139 75.00 7330 P.I.LT. 0 375,830 686,468 310,638 915,291 539,461 41.06 7331 Reclass PILT to Transfer-Out 0 (375,830) '686,4,,S; (310,638) (915291) 3,,,,,,-t), 41.06 7805 Promotion 400 400 0 (400) 0 .i.iJ 0.00 7808 Bad Debt Expense 0 2,447 22,500 20,053 30,000 27,553 8.16 Monthly Budget Expenditure Report by Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 7 Electric Enterprise Fund 9 For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under `Yo of Annual Month Actual Budget Budget Budget Budget Budget 7810 Miscellaneous Expense 0 1,033 9,750 8,717 13,000 11,967 7.95 7900 Depredation Expense 0 0 1,332,981 1,332,981 1,777,308 1,777,308 0.00 8010 Utility Deposit Interest 101 885 1,050 165 1,400 515 63.21 8011 Bonding Expense 0 2,701 0 (2,701) 0 0.00 8012 Debt Service Interest Expense 0 118,157 204,946 86,789 273,261 155,104 43.24 8014 Amortization of Bond Issue Costs 0 0 6,319 6,319 8,425 8,425 0.00 8101 Infrastructure 0 71,878 635,409 563,531 776,659 704,781 9.25 8103 Capital Equipment 0 47,567 37,500 ("0,067) 50,000 2,433 95.13 8104 Motor Pool Rent 14,583 131,250 131,250 0 175,000 43,750 75.00 8200 Work Order Sat/Benefit credits 0 0 (223,322) (223,322) (297,763) (297,763' 0.00 8201 Work Order Operating Supply credits 0 0 '() (37,500) (50,000) (50,C"" 0.00 8300 Debt Service Principal 0 475,000 300,000 i7g,oft!t? 400,000 (75,rr' 118.75 Total Non-Personnel Costs: $ 621,295 $ 5,518,569 $ 7,783,571 $ 2,265,002 $ 10,301,348 $ 4,782,779 $ 53.57 Total Expenditures $ 753,193 $ 6,603,866 $ 9,024,975 $ 2,421,109 $ 11,954,687 $ 5,350,821 $ 55.24 CA 0 Monthly Budget-to-Actual Revenue Report -- By Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 6 Water Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 5300 Residential 38,918 342,170 333,383 8,787 444,511 (102,341) 76.98 5310 SG Service 15,537 102,013 98,191 3,822 130,921 (28,908) 77.92 5320 LG Service 22,416 162,544 169,106 (6,561) 225,474 (62,930) 72.09 5330 SMIC Sales 6,372 42,319 48,077 (5,758) 64,103 (21,784) 66.02 5340 Spec.Contracts 31,876 223,427 235,697 (12,271) 314,263 (90,836) 71.10 5801 Turn on Fees 1,537 5,243 3,588 1,655 4,784 459 109.58 5806 Ship Water 26,994 106,133 74,844 31,289 99,792 6,341 106.35 5807 Hydrant Rentals 4,631 41,906 44,027 (2,122) 58,703 (16,?: 71.39 5899 Miscellaneous Revenue 0 4,999 225 4,774 300 4,699 1,666.33 5901 EF Investment Interest 0 0 7,500 (7,500) 10,000 (10,000) 0.00 5905 EF Penalties and Interest 939 8,011 0 8,011 0 8,011 0.00 5940 Amort.of CIA-General 0 0 16,667 (16,667) 22,223 (° 0.00 Total Revenues $ 149,220 $ 1,038,765 $ 1,031,305 $ 7,459 $ 1,375,074 $ (336,310) $ 75.54 C° Monthly Budget Expenditure Report by Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 8 Water Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Over)/Under Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs; 6000 Salaries 12,580 129,852 163,217 33,364 217,622 87,770 59.67 6001 Overtime 4,385 18,142 3,454 4,605 (13,53 7) 393.96 6002 Standby Time 693 7,631 8,309 679 11,079 3,448 68.88 6100 Medicare 237 2,152 2.372 219 3,162 1,010 68.06 6102 Workers'Compensation 864 6,144 8,502 2,358 11,336 5,192 54.20 6200 Leave Time 2,041 8,578 11,018 2,440 14,691 6,113 58.39 6201 Retirement Benefits 4,160 34,529 40,239 5,710 53,652 19,123 64.36 6202 Health Insurance 6,037 52,720 57,884 5,164 76,712 23,992 68.72 6203 In Lieu of FICA 0 410 371 (39) 494 84 82.91 Total Personnel Costs: $ 30,997 $ 260,158 $ 295,366 $ 35,208 $ 393,353 $ 133,195 $ 66.14 Non-Personnel Costs: 7001 Communications 857 8,439 7,875 (564) 10,500 2,061 80.37 7002 Postage and Freight 0 1,911 5,063 3,151 6,750 4,839 28.31 7003 Bank and Credit Card Fees 661 4,360 3,375 (985) 4,500 140 96.90 7004 Insurance 0 10,986 6,300 (4,686) 8,400 (2,586) 130.79 7006 Legal 0 0 4,125 4,125 5,500 5,500 0.00 7009 Contracted Services 1,021 45,677 78,000 32,323 104,000 58,323 43.92 7011 Testing 3,018 7,255 8,588 1,332 11,450 4,195 63.37 7015 Utilities 27,069 134,223 181,875 47,652 242,500 108,277 55.35 7211 Gas&Lube 385 7,049 7,800 751 10,400 3,351 67.78 cP 7213 Safety Equipment 0 965 2,063 1,098 2,750 1,785 35.08 7215 Operating Supplies 1,158 12,344 32,250 19,906 43,000 30,656 28.71 7216 Maintenance&Repair 142 7,276 24,750 17,474 33,000 25,724 22.05 7217 Small Tools&Equipment 103 5,230 5,963 732 7,950 2,720 65.79 7300 Advertising 0 0 1,500 1,500 2.000 2,000 0.00 7301 Subscriptions&Dues 0 1,512 975 (537) 1,300 (212) 116.31 7302 Travel&Subsistence 84 709 4,200 3,491 5,600 4,891 12.67 7303 Education&Training 0 0 4,950 4,950 6,600 6,600 0.00 7304 Equipment Rent 1,350 8,100 7,125 (9'1 9,500 1,400 85.26 7307 GF Administrative Fee 19,968 179,708 179,708 0 239,611 59.903 75.00 7330 P.I.L.T. 0 33,239 80,571 47,332 107,428 74,189 30.94 7331 Reclass PILT to Transfer-Out 0 (47,332) 30.94 7808 Bad Debt Expense 0 0 1,500 1,500 2,000 2,000 0.00 7810 Miscellaneous Expense 0 247 1,875 1,828 2,500 2,253 9,88 7900 Depredation Expense 0 0 147,255 147,255 196,340 196,340 0.00 8012 Debt Service Interest Expense 0 6,492 20,464 13,973 27,286 20,794 23.79 8103 Capital Equipment 0 4,814 0 (%.,814) 0 (4,:014, 0.00 8104 Motor Pool Rent 375 3,375 3,375 0 4,500 1,125 75.00 8300 Debt Service Principal 0 129,558 95,830 (33,727) 127,774 (1,784) 101.40 Total Non-Personnel Costs: $ 56,191 $ 580,230 $ 836,784 $ 256,554 $ 1,115,711 $ 535,481 $ 52.01 Total Expenditures $ 87,188 $ 840,388 $ 1,132,150 $ 291,762 $ 1,509,064 $ 668,676 $ 55.69 Monthly Budget-to-Actual Revenue Report -- By Fund Run: 11/23/2015 at 5:37 PM City of Seward Page: 7 Wastewater Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget Revenues 5300 Residential 51,681 453,423 442,487 10,936 589,983 (136,560) 76.85 5310 SG Service 18.283 125,930 135,070 (9,139) 180,093 (54,163) 69.93 5320 LG Service 26,130 199,439 202,862 (3,423) 270,482 (71,043) 73.73 5330 SMIC Sales 2,863 27,262 26,626 636 35,501 (8,239) 76.79 5808 Sewer-Inspection 0 0 394 (394) 526 (526) 0.00 5809 Water/Seward Misc.Service 1,009 3,482 394 3,087 526 2,956 662.02 5901 EF Investment Interest 0 0 900 (900) 1,200 (1,200) 0.00 5905 EF Penalties and Interest 142 1,262 1,125 137 1,500 (238) 84.11 5940 Amort.of CIA-General 0 0 123,460 (123,460) 164,613 (164,613) 0.00 Total Revenues $ 100,108 $ 810,798 $ 933,318 $ (122,520) $ 1,244,424 $ (433,626) $ 65,15 CA C. Monthly Budget Expenditure Report by Fund Run:11123/2015 at 5:37 PM City of Seward Page: 9 Wastewater Enterprise Fund For 9/30/2015 Variance Variance Actual Y-T-D Y-T-D (Ovar)IUnder Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 12,161 112,699 119,759 7,060 159,678 46,979 70.58 6001 Overtime 306 16,130 2,378 (13,152) 3,170 '12.96`' 508.82 6002 Standby Time 584 4,526 4,868 343 6,491 1,966 69.72 6100 Medicare 168 1,748 1,677 (71) 2,236 488 78.16 6102 Workers'Compensation 602 5,633 7,243 1,610 9,657 4,024 58.33 6200 Leave Time 1,501 14,544 11,171 (3,374) 14,894 350 97.65 6201 Retirement Benefits 3,085 34,567 29,702 (4,864) 39,603 5,036 87.28 6202 Health Insurance 4,968 43,406 43,221 (185) 56,715 13,309 76.53 6203 In Lieu of FICA 0 410 371 (39) 494 84 82.91 Total Personnel Costs: $ 23,375 $ 233,663 $ 220,390 $ :131731 $ 292,938 $ 59,275 $ 79.77 Non-Personnel Costs: 7001 Communications 484 4,629 6,525 1,896 8,700 4,071 53.21 7002 Postage and Freight 0 2,423 3,000 577 4,000 1,577 60.57 7003 Bank and Credit Card Fees 832 5,613 4,275 (1,338) 5,700 87 98.48 7004 Insurance 0 6,785 4,875 (1,910) 6,500 (2z:u 104.38 7006 Legal 0 0 3,750 3,750 5,000 5,000 0.00 7009 Contracted Services 2,707 18,973 65,250 46,277 87,000 68,027 21.81 7011 Testing 4,085 21,004 15,150 (5,854) 20,200 , 103.98 7015 Utilities 13,199 123,338 147,750 24,412 197,000 73,662 62.61 7016 Heating Fuel 0 721 1,350 629 1,800 1,079 40.06 _ 7017 Rents&Leases 77 77 375 298 500 423 15.31 7211 Gas&Lube 795 10,063 6,600 (3,463) 8.800 (1,2ti3) 114.35 7213 Safety Equipment 0 1,209 225 (984) 300 (909) 403.10 7215 Operating Supplies 1,690 20,487 10,875 (9612) 14,500 (5,987) 141.29 7216 Maintenance&Repair 22 16,262 25,125 8,863 33,500 17,238 48.54 7217 Small Tools Si Equipment 0 4,557 2,250 (2.307) 3,000 (1,557) 151.91 7300 Advertising 0 0 375 375 500 500 0.00 7301 Subscriptions&Dues 0 2,620 1,275 (1,345) 1,700 (920) 154.11 7302 Travel&Subsistence 0 3,553 3,000 (553) 4,000 447 88.81 7303 Education&Training 0 955 1,500 545 2,000 1,045 47.75 7304 Equipment Rent 1,350 8,100 825 (7,275) 1,100 (7,000) 736.34 7306 In-Kind Expenses 0 (19,189) 0 19,189 0 19,189 0.00 7307 GF Administrative Fee 12,194 109,746 109,746 0 146,328 36,582 75.00 7330 P.t.L.T. 0 32,693 64,627 31,935 86,170 53,477 37.94 7331 Reclass PILT to Transfer-Out 0 (32,693) (31,935` (53,477) 37.94 7808 Bad Debt Expense 0 0 1,312 1,312 1,750 1,750 0.00 7810 Miscellaneous Expense 0 100 750 650 1,000 900 10.00 7900 Depreciation Expense 0 0 157,396 157,396 209,861 209,861 0.00 8012 Debt Service Interest Expense 0 0 28,570 28,570 30,070 30,070 0.00 8103 Capital Equipment 0 15,407 0 (15,^) 0 (15,407) 0.00 8104 Motor Pool Rent 375 3,375 3,375 0 4,500 1,125 75.00 8300 Debt Service Principal 0 0 87,027 87,027 91,351 91,351 0.00 Total Non-Personnel Costs: $ 37,810 $ 360,808 $ 692,526 $ 331,718 $ 890,660 $ 529,852 $ 40.51 Total Expenditures $ 61,185 $ 594,471 $ 912,916 $ 318,445 $ 1,183,598 $ 589,127 $ 50.23 Providence Health&Services BAL_Balance Sheet_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Entity-110 Balance Sheet(in Thousands) Printed On 11/17/15 @ 5:13 PM Reported as of September 2015 Printed By aallensw September December September December 2015 2014 2015 2014 Actual Pr.Year Actual Pr.Year ASSETS LIABILITIES&NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents 2,242 409 Accounts Payable 289 190 Mgmt Designated Cash&Cash Equiv. - - Accrued Compensation 833 990 Accounts Receivable 5,385 7,272 Payable to Contractual Agencies 150 0 Less:Contractual Allowance (1,190) (337) Deferred Revenue/Unearned Premiums 1,585 1,892 Less:Allowance for Doubtful Accounts (1,024) (1,017) Other Current Liabilities 4,559 5,454 Affiliate Receivable (5) - Total Current Liabilities 7,415 8,527 Other Receivables (82) 228 Supplies Inventory at Cost 10 - Total Current Assets 5,335 6,555 Long-Term Debt: v0 s Assets Whose Use is Limited: Funds Held for Long Term Purposes 205 - Total Other LT Liabilities 245 112 Assets Whose Use is Limited 205 - Total Liabilities 7,660 8,638 Property.Plant&Eauioment: Property Plant Equipment Gross 421 332 Accumulated Depreciation (220) (196) Net Assets: Property Plant Equipment Net 200 136 Unrestricted (1,624) (1,839) Temporarily Restricted 10 9 Other Assets: Total Net Assets (1,614) (1,829) Other Assets 305 118 Total Other LT Assets 305 118 Total Liabilities and Net Assets 6,046 6,809 Total Assets 6,046 6,809 Providence Health&Services INC_OP_STMT_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Dept AllDepartments-AIIDepartments Statement of Operations(in Thousands) Printed On 11/17/15 @ 5:13 PM Reported as of September 2015 Printed By aallensw Month-To-Date Year-To-Date Actual Budget %Variance Actual Budget %Variance Pr.Year %Variance Gross Service Revenues; 1,189 1,568 (24.2%) Total Inpatient Gross Service Rev 12,082 14,259 (15.3%) 11,852 1.9% 904 694 30.1% Total Outpatient Gross Service Rev 8,156 6,650 22.7% 6,814 19.7% 2,093 2,263 (7.5%) Total Gross Service Revenues 20,238 20,909 (3.2%) 18,666 8.4% 454 673 (32.6%) Total Deductions&Bad Debt 5,807 6,173 (5.9%) 5,651 2.8% 1,639 1,590 3.1% Net Service Revenue 14,431 14,736 (2.1%) 13,015 10.9% 22 107 (79.8%) Other Operating Rev 176 162 9.1% 120 47.6% 1,661 1,697 (2.1%) Total Net Operating Revenues 14,607 14,898 (2.0%) 13,134 11.2% Expenses from Operations: oc) '16-- Other Expenses from Operations: 852 758 12.4% Salaries and Wages 7,038 6,825 3.1% 6,852 2.7% 216 216 - Employee Benefits 2,032 1,945 4.5% 1,804 12.6% 22 8 182.1% Professional Fees Expense 103 69 50.3% 135 (23.3%) 77 89 (13.4%) Supplies 746 797 (6.4%) 745 0.1% 236 198 19.2% Purchased Services Expense 1,789 1,783 0.4% 1,667 7.3% 2 2 (0.1%) Depreciation Expense 24 24 (0.1%) 13 85.2% - 2 (100.0%) Interest and Amortization - 14 (100.0%) 35 (100.0%) - - - Taxes and Licenses 1 11 (87.9%) 12 (88.2%) 104 65 60.3% Other Expenses 620 585 6.0% 586 5.8% 1,509 1,337 12.8% Other Expenses from Operations 12,354 12,051 2.5% 11,848 4.3% 1,509 1,337 12.8% Total Operating Expenses 12,354 12,051 2.5% 11,848 4.3% 152 360 (57.7%1 Excess of Rev Over Exp from OPS 2,253 2,847 (20.8%) 1,286 75.2% 152 360 (57.7%) Excess of Rev Over Exp 2,254 2,847 (20.8%) 1,286 75.2% Other Activity-Unrestricted (2,039) (2,085) (2.2%) Increase(Decrease)in UR Net Assets 215 (798) (126.9%) Providence Health&Services BAL_STMT_CHG_IN NET_ASSET_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Actual Statement of Changes in Net Assets(in Thousands) Printed On 11/17/15 @ 5:13 PM 9 ( ) Printed By aallensw Reported as of September 2015 10 of 12 UNRESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year (1,839) (1,384) Excess of Revenues Over Expenses 2,254 1,286 Restricted Contributions&Grants - - Net Assets Released from Rest. - - Interdivision Transfers (2,039) (2,085) Net Assets(Liabilities)Assumed - - Unrealized Gains(Losses)on Invest. - - Extraordinary Items&Other - - Total Change in Net Assets 215 (798) Ending Balance (1,624) (2,182) TEMPORARILY RESTRICTED FUNDS Current Year to Date Prior Year to Date on Beginning of Year 9 8 Investment and Other Income - Restricted Contributions&Grants 0 (2) Net Assets Released from Rest. - - Interdivision Transfers - - Net Assets(Liabilities)Assumed - - Unrealized Gains(Losses)on Invest. - - Extraordinary Items&Other - - Total Change in Net Assets 0 (2) Ending Balance 10 7 Providence Health&Services BAL_STMT_CHG_IN NET_ASSET_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Actual Statement of Changes in Net Assets(in Thousands) Printed On 11/17/15 @ 5:13 PM 9 ( ) Printed By aallensw Reported as of September 2015 11 of 12 PERMANENTLY RESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year - - Investment and Other Income - - Restricted Contributions&Grants - - Net Assets Released From Rest. - - Interdivision Transfers - - Net Assets(Liabilities)Assumed - - Unrealized Gains(Losses)on Invest. - - Extraordinary Items&Other - - Total Change in Net Assets - - Ending Balance - - TOTAL ALL FUNDS — Current Year to Date Prior Year to Date 00 00 Beginning of Year (1,829) (1,375) Excess of Revenues Over Expenses 2,254 1,286 Investment and Other Income - - Restricted Contributions&Grants 0 (2) Net Assets Released From Rest. - - Interdivision Transfers (2,039) (2,085) Net Assets(Liabilities)Assumed - - Unrealized Gains(Losses)on Inv. - - Extraordinary Items&Other - - Total Change in Net Assets 215 (800) Ending Balance (1,614) (2,175) Providence Health&Services CF_CASHFLOW STMT_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Actual YTD Statement of Cash Flows(in Thousands) Printed On 11/17/15©5:13 PM Reported as of September 2015 Printed By aallensw September September September September 2015 2014 2015 2014 Operating Activities: Financing Activities: Change in Net Assets 215 (800) Interdivision Transfers and Other (2,039) (2,085) Adjustments to Reconcile Net Cash Provided Net Cash Provided by Used in Fin Act (2,039) (2,085) by Operating Activities Depreciation 24 13 Increase(Decrease)in Cash&Cash Equiv. 1,833 (247) Provision for Bad Debts 320 824 Net Real/Unreal Gains Losses on Invest 0 0 Cash and Cash Equiv-Beginning of Period 409 61 Net Assets Cont/Assumed and Other 2,039 2,085 Changes in Certain Current Assets/Liab 1,533 (272) Cash and Cash Equiv-End of Period 2,242 (186) Increase Decrease in Other Liabilities 133 (144) Net Cash Provided by Used in Op Act 4,263 1,705 Supplemental Disclosure: Investing Activities: Cash Paid for Interest, Net of Capital - 35 Proceeds on the Sale of Investments (205) (13) FM Increase Decrease in Other Long-Term Assets (187) 145 Net Cash Provided by Used in Inv Act (392) 132 o0 MEMORANDUM DATE: December 7,2015 TO: Seward City Council • THROUGH: Jim Hunt,City Manager FROM: Kristin Erchinger, Finance Director RE: Taxable Sales Report—Preliminary third quarter The following report recaps taxable sales for the City of Seward through the third quarter of 2015 based on Kenai Peninsula Borough Taxable Sales data. For the third quarter of 2015, Seward's taxable sales totaled $60,292,024, an increase of$5,525,868 or 10.09% from the same quarter in 2014. Through the end of the third quarter, cumulative taxable sales total $109,973,015, representing an increase over taxable sales through September 2014, of$8,438,380 or 8.31%. This cumulative increase in taxable sales equates to an increase in sales tax revenue of$337,535, of which one- quarter (or $84,384) becomes available to fund healthcare-related capital and operating costs, with the remainder($253,151)accruing to the City's General Fund. The following graph depicts the third quarter taxable sales for each of the past five years: 3rd Quarter Taxable Sales 70,000,000 60.292,024 60,000,000 54,766,156 55,096,834 49,463,626 48,351,805 50,000,000 45,089,653 40,000,000 :: IIIIII 10,000,000 )011 I1114 )01 1111) )1111 )11111 The following graph depicts the cumulative (first through third quarter) taxable sales for each of the past five years: Cumulative thru 3rd Quarter -- Taxable Sales 120,000,000 109,973,015 101,534,635101,O55,683 100,000,000 93'916'460 90,112,178 84,112,113 80,000,000 60,000,000 40,000,000 20,000,000 L015 2014 201; 2012 2(111 2010 Taxable Sales Report—Third Quarter Page Two The City's 2015 Budget used conservative budget projections to estimate sales tax revenues since the biennial budget for 2014/2015 was passed in November 2013, before actual third-quarter 2013 sales tax revenues were known. The 2014 actual sales tax revenues for the year totaled $4,535,707 and 2015 budgeted sales tax revenues are$4,381,507. For the sake of estimating the margin of safety between actual sales tax and budgeted sales tax revenues in 2015, if we assume fourth quarter 2015 taxable sales are equal to 2014, we can expect to end 2015 with a surplus of sales tax revenues exceeding$450,000. The following graph shows the trend in taxable sales each quarter. There is no data yet for 4th quarter of 2015. However,the general trend is a slight reduction in taxable sales in the first and fourth quarters, since 2012, with a rather steep rise in taxable sales in the second and third quarters, since 2012. City of Sevvard Taxab e Sales by Quarter $70,000,000 $60,000,000 — $40,000,000 •2015 $40,000,000 •2014 •2013 •2012 $30,000,000 •2011 •2010 $20,000,000 $10,000,000 11111 $o 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr The order of magnitude of those percent changes each quarter, is seen in the chart below: Quarter-by-Quarter Percent Change from prior year 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 -1.91% 9.34% 10.09% 2014 -1.60% 3.11% -0.60% -0.57% 2013 0.20% 4.65% 11.39% -1.58% 2012 10.42% 4.93% 2.30% 6.04% 2011 5.97% 7.44% 7.23% 4.93% t , Taxable Sales Report-Third Quarter Page Three The tables below depict Seward's taxable sales by quarter for the past six years, showing quarterly total taxable sales, quarterly variances (dollar change), quarterly percent change quarter-over-quarter, cumulative taxable sales through the end of each quarter, cumulative quarter-end variance compared with the prior year, and cumulative quarter-end percent change compared with the prior year. SEWARD TAXABLE SALES BY QUARTER 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total 2015 12,690,555 36,990,436 60,292,024 109,973,015 2014 12,937,848 33,830,631 54,766,156 14,125,735 115,660,370 2013 13,147,766 32,811,083 55,096,834 14,206,120 115,261,803 2012 13,121,077 31,351,757 49,463,626 14,434,445 108,370,905 2011 11,882,611 29,877,762 48,351,805 13,611,923 103,724,101 2010 11,213,031 27,809,429 45,089,653 12,972,721 97,084,834 Quarter-by-Quarter Variance from prior year 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 (247,293) 3,159,805 5,525,868 2014 (209,918) 1,019,548 (330,678) (80,385) 2013 26,689 1,459,326 5,633,208 (228,325) 2012 1,238,466 1,473,995 1,111,821 822,522 2011 669,580 2,068,333 3,262,152 639,202 Quarter-by-Quarter Percent Change from prior year 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 -1.91% 9.34% 10.09% 2014 -1.60% 3.11% -0.60% -0.57% 2013 0.20% 4.65% 11.39% -1.58% 2012 10.42% 4.93% 2.30% 6.04% 2011 5.97% 7.44% 7.23% 4.93% Cumulative totals through quarters end 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 12,690,555 49,680,991 109,973,015 2014 12,937,848 46,768,479 101,534,635 115,660,370 2013 13,147,766 45,958,849 101,055,683 115,261,803 2012 13,121,077 44,472,834 93,936,460 108,370,905 2011 11,882,611 41,760,373 90,112,178 103,724,101 2010 11,213,031 39,022,460 84,112,113 97,084,834 Cumulative Quarter-End Variance from prior year 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 (247,293) 2,912,512 8,438,380 2014 (209,918) 809,630 478,952 398,567 2013 26,689 1,486,015 7,119,223 6,890,898 2012 1,238,466 2,712,461 3,824,282 4,646,804 2011 669,580 2,737,913 6,000,065 6,639,267 Cumulative Quarter's end Percent Change from prior year 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2015 -1.91% 6.23% 8.31% 2014 -1.60% 1.76% 0.47% 0.35% 2013 0.20% 3.34% 7.58% 6.36% 2012 10.42% 6.50% 4.24% 4.48% 2011 5.97% 7.02% 7.13% 6.84% Sponsored by: PACAB CITY OF SEWARD,ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2015-003 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD,ALASKA,RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A FIVE TON CRANE LOCATED ON I-DOCK AND TO PURSUE FUNDING SOURCES TO COMPLETE THIS PROJECT WHEREAS,in many harbors. public cranes are used by vessel owners to load and unload gear and fish; and WHEREAS,the Seward Small Boat Harbor currently has no public cranes; and I WHEREAS, construction of a public crane is on the 2015 City Legislative priorities as approved by City Council Resolution 2014-087; and WHEREAS, a fixed crane offers a safer and more flexible alternative than using boom trucks; and WHEREAS,a preliminary design report was received from Moffatt&Nichol and PACAB discussed and determined that a five ton crane located on I-dock is the best location and size for Seward Harbor users; and WHEREAS,there is currently no funding source available for this project; and WHEREAS,a funding source is required for this project to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD,ALASKA that: Section 1. The Port and Commerce Advisory Board recommends the City Council approve purchase/construction of a five ton crane located on I-Dock. Section 2. The Port and Commerce Advisory Board recommends the City Council pursue funding sources to complete this project. PASSED AND APPROVED by the Port and Commerce Advisory Board this 4th day of November, 2015. l CI 2 THE CITY OF SEWARD,ALASKA CITY OF SEWARD,ALASKA RESOLUTION 2015-003 Darryl Schaefermeyer, Vice-Chair AYES:Linville, Oliver, Andrews, Hughes Schaefermeyer NOES: ABSENT: Jaffa ABSTAIN: VACANT: One ATTEST: Johanna Kinney, CMC City Clerk (City Seal) a � City of Seward,Alaska Port and Commerce Advisory Board Minutes November 4, 2015 Volume 3, Page 285 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Oliver/Andrews) Approval of Agenda and Consent Agenda Schaefermeyer asked that item G"Discussion of December regular meeting date change"be added to the agenda Motion (Andrews/Oliver) Motion Passed Unanimous Consent item approved Approve October 7, 2015 minutes INFORMATIONAL ITEMS, REPORTS AND PRESENTATIONS—None UNFINISHED BUSINESS—None NEW BUSINESS Motion (Linville/Andrews) Approve PACAB Resolution 2015-002 providing recommendation for the City of Seward's 2016 Legislative Priorities Motion Passed Unanimous Consent Motion (Linville/Hughes) Approve PACAB Resolution 2015-003 recommending the City Council approve five ton crane on I-Dock and to pursue funding sources Motion Passed Unanimous Consent Motion (Hughes/Oliver) Approve PACAB Resolution 2015-004 recommending the City Council to approve a reduced fee for the 50 ton water to water maintenance lift charges Motion Passed Unanimous Consent Motion (Hughes/Andrews) Re-Approval of August 21, 2013 and April 2, 2014 meeting minutes Motion Passed Unanimous Consent 1CI 5 December 2 015 SuM o December January 2016 o TuWe Th h Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 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 31 Monday Tuesday Wednesday Thursday Friday Nov 30 Dec 1 2 3 4 6:00pm P&Z WS;Floor 12:00pm Seward Recre 4:00pm CC Special Mtc 7:00pm P&Z Mtg;City G) 7 8 9 10 11 11:00am CCSpc Mtg 12:00pm PACAB Mtg N V 15 16 17 18 7:OOpm CC Mtg 12:00pm PACAB Work S �r� 6:30pm HP Mtg&WS Co v V N O 21 22 23 24 25 N VA AO kJ/ N 28 29 30 31 Jan 1, 16 to \A'O'LCZA\( co V Nanci Richey 1 12/9/2015 9:17 AM January 2 0 l 6 January 2016 February 2016 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 9 10 11 12 13 10 11 12 13 14 15 16 14 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 31 Monday Tuesday Wednesday Thursday Friday Dec 28 29 30 31 Jan 1, 16 co 1k0).- * N 4 5 6 7 8 12:00pm PACAB Mtg 00 v C CO 1}, 12 13 14 15 OOpm CC Mtg _) C CO 18 19 20 21 22 6:00pm P&Z WS 12:00pm PACAB Work S N 00 r-I C CO 25 26 27 28 29 \ 7:00pm CC Mtg rn N N C R Nanci Richey 1 12/9/2015 9:18 AM