HomeMy WebLinkAbout03282017 City Council PacketSeward City Council
Agenda Packet
Seward’s Day Observed March 272016
March 28, 2016
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones during the meeting}
March 28, 2017 (Tuesday)7:00 p.m. Council Chambers
Jean Bardarson
CALL TO ORDER
Mayor
PLEDGE OF ALLEGIANCE
Term Expires 2017
ROLL CALL
CITIZEN COMMENTS ONANY SUBJECT EXCEPT
Marianna Keil
THOSE ITEMS SCHEDULED FORPUBLIC HEARING
Vice Mayor
\[Thosewhohavesignedinwillbegiventhefirstopportunityto
Term Expires 2018speak. Time is limited to 3 minutes per speaker and 36 minutes
totaltimeforthis agenda item.\]
Ristine Casagranda
APPROVAL OF AGENDA AND CONSENT AGENDA
\[Approval of Consent Agenda passesallroutineitemsindicatedby
Council Member
asterisk(*).ConsentAgendaitemsarenotconsideredseparately
Term Expires 2018
unless a council membersorequests. In the eventof such a request, the
itemisreturned tothe Regular Agenda\]
David Squires
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Council Member
Term Expires 2017
Proclamationsand Awards
ChamberofCommerceReport
Sue McClure
CityManagerReport
Council Member
OtherReportsand Presentations
Term Expires 2017
PUBLIC HEARINGS
Deborah Altermatt
Council Member
Resolutions RequiringPublic Hearing
Term Expires 2017
Resolution 2017-014, Authorizing TheExercise Of Option
Erik Slater
No. 1 To The KenaiFjordsToursLease97-102To
Council Member
Extend The Term Of TheLease ByFive Years,And To
Term Expires 2018
AddInterim Rental Adjustments By The Annual
PI.
C
James Hunt
City Manager
Resolution 2017-015,AuthorizingTheCityManagerTo
EnterIntoA“ThirdAmended And Restated Agreement
Johanna Kinney
ForLease Of Tract2A, Waterfront Tracts,And The
City Clerk
Lease, Operation And MaintenanceOfTheAlaska
SeaLife Center” With TheSeward AssociationFor The
Will Earnhart
Advancement Of Marine Science.
City Attorney
City of Seward, Alaska Council Agenda
March 28, 2017(Tuesday) Page 1
8.UNFINISHED BUSINESS– None
9.NEW BUSINESS
A.Resolutions
*1.Resolution 2017-016,Encouraging Congress To Create A Reliable, Predictable Stream
Of Resources To AddressDeferred MaintenanceNeedsIn America’s NationalPark
System.
Resolution 2017-017, Retroactively AmendingThe2016 Budget To Account For
AdditionalSalesTaxToTheHospitalFundBased On Additional CollectionsAnd
C
losing Out Completed Projects At Year-End, And Appropriating Funds.
Resolution 2017-018,InSupportOfChangesToTimingAndSitingOfU.S.Navy
Operation Northern Edge Training ExercisesIn The Gulf Of Alaska.
Resolution 2017-019,AmendingThe2017BudgetToReflectMid-Cycle Budget
Adjustments, And Appropriating Funds.
Other New Business Items
AppointJohn French orOrson Smith as theCityofSeward Representative to the
Prince William Sound Regional Citizens’AdvisoryCouncil,with a termexpiring
May, 2019.
Scheduleaworksessionto discuss proposedevaluation procedures for City
Attorney,CityClerk, and CityManager.
INFORMATIONAL ITEMSAND REPORTS(No Action Required)
TentativeTravelDatesfor Bardarson and Keil toSeattleandWashington, D.C. –
April 25 – May 4, 2017. (Bardarson)
Prioritygoallist, as discussed at theMarch 20, 2017 WorkSession.(Bardarson)
COUNCIL COMMENTS
CITIZEN COMMENTS
COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
EXECUTIVE SESSION
Go into executive sessionpursuantSCC2.10.030(b)(3), matters pertaining to threatened
orpendinglitigationandSCC2.10.030(b)(5), matters, which by law,municipalcharter,
orordinancearerequired to be confidential, and to discuss potentialfurther action
regarding Council’s role in monitoring administrative employeesand the legal
implications thereto.(Bardarson)
ADJOURNMENT
City of Seward, Alaska Council Agenda
March 28, 2017(Tuesday) Page 2
3
4
5
6
7
8
When: March 29th, 2017 between 10:15 AM and 10:45 AM
What: A test of the tsunami warning system. You may hear
sirens, or hear or see a message that a tsunami warning has
been issued.
Who: Your Alaskan community
Details Why: This is a test of the whole tsunami warning system to
know what to do in case of a real tsunami!
Find us on the web!
NWSAlaska
Do not call 911
Readyalaska
Great time to practice
@NWSAlaska
your procedures
@AlaskaDHSEM
Provide feedback at:
tsunami.gov
ready.alaska.gov
ready.alaska.gov
Management, and the Alaska Broadcasters Association
9
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE EXERCISE OF OPTION NO. 1 TO THE
KENAI FJORDS TOURS LEASE 97-102 TO EXTEND THE TERM OF
THE LEASE BY FIVE YEARS, AND TO ADD INTERIM RENTAL
ADJUSTMENTS BY THE ANNUAL CPI
WHEREAS,the City is owner of real property described as Lot 5, 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 Kenai Fjords Tours in 1997 for a term of twenty
years, with options to extend for two additional five-year terms upon approval of the City
Council;and
WHEREAS,the parties to the lease agree to exercise the first of two five (5) year
extensions in accordance with Article 2.4 of Lease 97-102; and
WHEREAS, Kenai Fjords Tours have met all the requirements to extend this lease; and
WHEREAS, the Cityprovides for annualInterim Rental Adjustments on all new leases,
so to be consistent with City practice, this provision is added to Lease 97-102 in this amendment;
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 extension amendment with Kenai Fjords Toursfor the real property described as
Lot 5, 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, arein
the public’s interest.
Section 2.The City Manager is authorized to execute the lease extension amendment
with Kenai Fjords Tours in substantiallythe form as presented at this meeting.
Section 3. This resolution shall take effect 30 days from the date of posting and
adoption.
10
CITY OF SEWARD, ALASKA
RESOLUTION 2017-014
___________________________
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 28day of
March, 2017.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
“THIRDAMENDED AND RESTATED AGREEMENT FOR LEASE OF
TRACT 2A, WATERFRONT TRACTS, AND THE LEASE, OPERATION
AND MAINTENANCE OF THE ALASKA SEALIFE CENTER” WITH THE
SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE
SCIENCE
WHEREAS,in 2009the City of Seward (“City”) and the Seward Association for the
Advancement of Marine Science (“SAAMS”) entered into an Second Amended and Restated
Agreement for Leaseof Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease,
Operationand Maintenance of the Alaska SeaLife Center (the “SAAMS AGREEMENT”); and
WHEREAS, the City and the Stateof Alaska Department of Fish and Game are parties to a
Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure
Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended
(the "Cooperative Agreement"); and
WHEREAS, the City and SAAMSintended to transfer all of the obligations of the City
under the Cooperative Agreement and the EVOS Trustee Council Resolution adopted November 2,
1994 to SAAMS; and
WHEREAS,the City has an obligation under the Cooperative Agreement to own, operate,
and maintain theAlaska SeaLife Center for the practical life of the facility, and the practical life of
the facility ends upon the occurrence of both of the following: (i) the City makes a reasonable
determination, as verified by an independent financial consultant selected or approved by ADF&G,
that the facility is not capable of generating revenues sufficient to cover the operating expenses and
debt service of the facility, and (ii) while being operated in accordance with any recommendation
from the independent financial consultant and in accordance with terms and conditions of the
agreement during the two-year period following the City’s determination, the facility does not
generate revenues sufficient to cover the operating expenses and debt service of the facility, plus
fund sufficient reserves for repairs and replacements in the facility; and
WHEREAS,if the City elects not to operate the facility, either because it has reached the end
of its useful life or for any other reason, the City is obligated to continue operating the SeaLife
Center for one year while ADF&G determines whether to exercise its option to assume operation of
the SeaLife Center; and
WHEREAS,with the understanding that SAAMS would continue tooperate the SeaLife
Center during the one-year period inwhich ADF&G may exercise its option, and based on
51
CITY OF SEWARD, ALASKA
RESOLUTION 2017-015
____________________________
representations by SAAMS that the amount needed to mothball the SeaLife Center for one (1) year
was$700,000 for fiscal year 2006,the City and SAAMS agreed in the SAAMS Agreementthat
SAAMS would maintain a Termination Fund in an amount of $700,000 for fiscal year ending
September 30, 2006 and increasing 3% each yearthereafter, and that SAAMS would maintain a
Renewal and Replacement Fund balance of $500,000, also increasing by 3% each year thereafter;
and
WHEREAS,to assist SAAMS in managing its operating cash flow during the fall and winter
months, the 2009amendment to the SAAMS Agreementallows SAAMS to access up to $500K of
the Termination Fund as necessary for cash flow as long as the Termination Fund is fully restored on
one day each year (September 30th); and
WHEREAS, the 3% annual increase to the fund requirement has generated balances greater
than ones derived from consumer price indices(CPI)for the same period; and
WHEREAS, SAAMS proposes, and the City agrees, that a fund balance and annual accrual
based on available information such as a CPI is fair and reasonable; and
WHEREAS, the parties agree that annual adjustments are cumbersome and unnecessary, and
propose a factor approximating CPI instead; and
WHEREAS, SAAMS desires now to change the annual accrual factor from 3% to 2% for
both funds, pause the annual percentage increase to each fund for four (4) yearsso that the balances
more accurately reflect actual indices’ performance for the period,and to increase the amount
accessible for operations usefrom the Termination Fundannually from $500,000 to $700,000 due to
the fund’s growth over time; and
WHEREAS, theCity Council has determined that it is in the public interest to enter into an
amendment to the SAAMS AGREEMENTbecause of the public benefits provided by SAAMS to
the Seward community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA,that:
Section 1. For the reasons stated in the above recitals, which are incorporated herein by
reference, it is in the public interest to enter into a “Third Amended and Restated Agreement for
Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and
Maintenance of the Alaska SeaLife Center”.
Section 2. The City Manager is hereby authorized to enter into a third amendment in
substantial form as presented at this meeting and incorporated herein by reference.
52
CITY OF SEWARD, ALASKA
RESOLUTION 2017-015
____________________________
Section 3. This resolution shall take effect thirty (30) days after its adoption and posting.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 28
dayof March, 2017.
THE CITY OF SEWARD, ALASKA
_________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
____________________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
53
54
55
56
SECOND THIRD AMENDED AND
RESTATED AGREEMENT FOR LEASE OF
TRACT 2A, WATERFRONT TRACTS AND
THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA
SEALIFE CENTER
between
CITY OF SEWARD, ALASKA
and
SEWARD ASSOCIATION FOR THE
ADVANCEMENT OF MARINE SCIENCE
Effective Date:
12 17-015 Third Amended and Restated Agreement 2017 Redline wRL w KE.doc2017
57
TABLE OF CONTENTS
1.Definitions and General Provisions ............................................................................. 4
1.1Definitions ...................................................................................................................... 4
1.2General Definitions7
2.Representations and Warranties ................................................................................. 8
2.1Representations and Warranties of City .................................................................... 8
2.2Representations and Warranties of SAAMS .............................................................. 9
3.Lease of Site, Improvements, and Tidelands; Transfer of Improvements to
SAAMS ........................................................................................................................ 10
3.1Term ............................................................................................................................. 10
3.2Rental Payments.......................................................................................................... 11
3.3Quiet Enjoyment ......................................................................................................... 11
3.4Existing Improvements ............................................................................................... 11
3.5Payment of Expenses .................................................................................................. 12
3.6Use; Limitations on Use .............................................................................................. 12
3.7Inspection of Site and Improvements ........................................................................ 12
3.8Utilities and Services ................................................................................................... 12
3.9Taxes, Assessments, and Other Charges................................................................... 13
3.10Public Access to Site and Improvements ................................................................. 13
3.11Books; Financial Statements ...................................................................................... 14
3.12Destruction/Restoration ............................................................................................. 14
3.13Condemnation ............................................................................................................. 15
4.Additional Construction15
4.1City Approval of Proposed Construction ................................................................. 15
4.2Conditions of Construction ........................................................................................ 16
4.3Mechanics' Liens ......................................................................................................... 16
5.Cooperative Agreement Requirements ..................................................................... 17
5.1Operation and Maintenance of Improvements ........................................................ 17
5.2Compliance with Cooperative Agreement ................................................................ 17
5.3Space for EVOS Research .......................................................................................... 17
5.5Renewal and Replacement Fund ............................................................................... 17
5.6SAAMS Election Not to Operate the Improvements ............................................... 18
6.Insurance ..................................................................................................................... 18
6.1Under the Cooperative Agreement............................................................................ 18
6.2If Not Required by the Cooperative Agreement ...................................................... 19
6.3Notice to City ............................................................................................................... 19
6.4Additional Insurance Provisions ............................................................................... 19
7.Default and Remedies ................................................................................................. 19
7.1Events of Default of SAAMS ...................................................................................... 19
7.2Remedies of the City on SAAMS' Default ................................................................ 21
7.3City Events of Default ................................................................................................. 22
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 1 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
58
7.4Remedies of SAAMS on the City's Default............................................................... 23
7.5Informal Dispute Resolution, Mediation .................................................................. 23
7.6No Remedy Exclusive ................................................................................................. 23
8.Indemnity and Exculpation ........................................................................................ 24
8.1Limitation of City Liability ........................................................................................ 24
8.2Indemnity ..................................................................................................................... 24
8.3Site Conditions ............................................................................................................ 24
8.4Environmental Matters .............................................................................................. 24
9.Sublease or Assignment .............................................................................................. 25
9.1Subleasing .................................................................................................................... 26
9.2Assignment................................................................................................................... 26
10.Miscellaneous............................................................................................................... 26
10.1Permitted Encumbrances ........................................................................................... 26
10.2No Implied Waiver ...................................................................................................... 26
10.3Successors in Interest .................................................................................................. 26
10.4Notices .......................................................................................................................... 26
10.5Parties in Interest ........................................................................................................ 27
10.6Time of Essence ........................................................................................................... 27
10.7Headings....................................................................................................................... 27
10.8Law Governing Construction of Agreement ............................................................ 27
10.9Exclusive Forum and Venue ...................................................................................... 27
10.10Severability .................................................................................................................. 28
10.11Integration and Modification ..................................................................................... 28
10.12Additional Documents ................................................................................................ 28
10.13Relationship of Parties ................................................................................................ 28
10.14Other Activities ........................................................................................................... 28
10.15Use of the Name "Alaska SeaLife Center\\ ................................................................ 28
Exhibit ASite Description
Exhibit BEnvironmental Assessment Reports
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 2 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
59
SECOND THIRD AMENDED AND RESTATED AGREEMENT
FOR LEASE OF TRACT 2A, WATERFRONT TRACTS, AND THE LEASE,
OPERATION AND MAINTENANCE
OF THE ALASKA SEALIFE CENTER
THIS AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,
WATERFRONT TRACTS, AND THE LEASE, OPERATION AND MAINTENANCE OF
THE ALASKA SEALIFE CENTER (this "Agreement"), entered into as of
March 28, 2017by and between the CITY OF
SEWARD, ALASKA(the "City"), and SEWARD ASSOCIATION FOR THE
ADVANCEMENT OF MARINE SCIENCE d/b/a ALASKA SEALIFE CENTER,an
Alaska nonprofit corporation ("SAAMS"), amends and restates in its entirety that certain
Amended and Restated Agreement For Lease of Tract 2A, Waterfront Tracts and Adjacent
Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center effective
November 8, 2006 as amended to the date hereof (the "Amended andRestated Agreement")
between the City and SAAMS.
WHEREAS, SAAMS generated the concept and secured support for a marine research,
education and rehabilitation institution in Seward, Alaska to be operated by SAAMS as an
independent, nonprofit organization with a mission to understand and maintain the integrity of
the marine ecosystem of Alaska; and
WHEREAS, SAAMS secured funding for the improvements to house this institution
through the Alaska Legislature, the City's issuance of non-recourse revenue bonds,solicitation of
private donations and the Exxon Valdez Oil Spill Trustee Council, whose administrative arm was
the Alaska Department of Fish and Game, in response to the overwhelming need for better
marine research infrastructure in Alaska and a forum to educate the public about the marine
ecosystem of Alaska; and
WHEREAS, the City supported this concept by providing waterfront property for the site
of the improvements under a long-term lease, acting as a conduit for grant funding for the
construction of the improvements, including under the Cooperative Agreement (defined below),
and issuing non-recourse revenue bonds secured by SAAMS to provide part of the financing for
the construction of the improvements; and
WHEREAS, the City is the owner of certain premises more fully described in Exhibit
"A," attached hereto and made a part hereof (the "Site"), on which SAAMS has constructed and
operates improvements owned by the City (the "Improvements") housing an institution for
marine research, rehabilitation, husbandry and education, pursuant to the Prior Agreements; and
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 3 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
60
WHEREAS, the City and the State of Alaska Department of Fish and Game are parties to
a Cooperative Agreement for the Construction, Operation, and Maintenance of Research
Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April
1995, as amended (the "Cooperative Agreement"), concerning the construction, operation and
maintenance of the research and rehabilitation components of the Improvements described
therein (the "EVOS Facility"); and
WHEREAS, the parties under Prior Agreements transferred all of the obligations of the
City under the Cooperative Agreement and the EVOS Trustee Council Resolution adopted
November 2, 1994 to SAAMS, except to the extent that the Prior Agreements expressly
provided otherwise; and
WHEREAS, the City is legally authorized to enter into this Agreement, SAAMS is
legally authorized to enter into this Agreement, and the City Council of the City has determined
that it is in the public interest to enter into this Agreement for the lease of the Site and the
Improvements by negotiation and without appraisal of the fair market value of the Site and the
Improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES and of the mutual
covenants herein set forth, the parties hereto agree and covenant as follows:
1.Definitions and General Provisions
1.1Definitions. The following terms shall, for all purposes of this Agreement, have
the following meanings:
1.1.1 "ADF&G" means the Alaska Department of Fish and Game.
1.1.2 "Agreement" means this Second Third Amended And Restated
Agreement For Lease Of Tract 2A, Waterfront Tracts, And The Lease, Operation And
Maintenance Of The Alaska SeaLife Center as originally executed or as it may from time to time
be amended by one or more amendments entered into pursuant to the applicable provisions
hereof.
1.1.3 "Award" means all compensation, sums, or anything of value awarded,
paid, or received on a total or partial condemnation.
1.1.4 "City" means the City of Seward, Alaska.
1.1.5 "Condemnation" means (a) the exercise of any governmental power,
whether by legal proceedings or otherwise, by a condemnor, and (b) a voluntary sale or transfer
to any condemnor, either under threat of condemnation or while legal proceedings for
condemnation are pending.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 4 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
61
1.1.6 "Condemnor" means any public or quasi-public authority, or private
corporation or individual, having the power of eminent domain.
1.1.7 "Cooperative Agreement" means the Cooperative Agreement for the
Construction, Operation, and Maintenance of Research Infrastructure Improvements at the
Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended, between
ADF&G and the City.
1.1.8 "Date of Taking" means the date the condemnor has the right to
possession of the property being condemned.
1.1.9 "Environmental Laws" means all local, state, and federal laws,
ordinances, regulations, and orders related to environmental protection; the use, storage,
generation, production, treatment, emission, discharge, remediation, removal, disposal, or
transport of any Hazardous Substance.
1.1.10 "Event of Default" means any of the events specified as an event of
default of SAAMS in Section 6.1, of the City in Section 6.3, or elsewhere in this Agreement.
1.1.11 "EVOS Facility" means the research and rehabilitation components of the
Improvements, described in the Institute of Marine Science Infrastructure Improvements Exxon
ValdezOil Spill Trustee Council Project #94199, Project Description and Supplemental
Materials, dated September 26, 1994, Section 6, Schematic Design, as modified during their
initial construction and by subsequent alterations and improvements.
1.1.12"EVOS Requirements"means the obligations of the City described in
the Resolution of the EVOS Trustee Council adopted November 2, 1994.
1.1.13 "EVOS Trustee Council" means the Exxon Valdez Oil Spill Trustee
Council.
1.1.14 "Fiscal Year" means the fiscal year of SAAMS, presently the twelve-
month period ending on September 30, or any other twelve-month period that SAAMS may
designate from time to time as its fiscal year.
1.1.15 "Force Majeure" means,without limitation, the following: acts of God;
strikes, lockouts, or other industrial disturbances; acts of public enemies; orders or restraints of
any kind of the government of the United States or of the State of Alaska or any of their
departments, agencies, subdivisions, or officials, or any civil or military authority (including any
orders or restraints exercised pursuant to any agreement to which SAAMS or the City is a party);
insurrection; riots; landslides; icebergs; typhoons; tornadoes; adverse weather conditions; tidal
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 5 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
62
waves; earthquakes; tsunami; fires; storms; droughts; floods; explosions; breakage, malfunction,
or accident to facilities, machinery, transmission pipes, or canals; or any other cause or event not
reasonably within the control of the party whose performance is at issue.
1.1.16 "Hazardous Substance" shall be defined as any substance or material
defined or designated as hazardous or toxic waste; hazardous or toxic material; hazardous, toxic,
or radioactive substance; or other similar term by any federal, state, or local statute, regulation,
or ordinance or common law presently in effect or that may be promulgated in the future as such
statutes, regulations, and ordinances may be amended from time to time.
1.1.17 "Improvements" means all improvements to real property located on the
Site, including without limitation the EVOS Facility.
1.1.18 "Indemnified Parties" means ADF&G, EVOS Trustee Council and
Executive Director of the EVOS Trustee Council, the State of Alaska, the United States of
America, and their officers, agents, and employees, for so long as the City or SAAMS is required
to indemnify such person or entity under the terms of the Cooperative Agreement.
1.1.19 "Prime Rate"means the interest rate published in the money rates
column of the Wall Street Journaland identified as the prime rate, defined in the Wall Street
Journalas the general level of the base rate on corporate loans at large U.S. money center
commercial banks.
1.1.20 "Prior Agreements" means the Agreement for Financing, Lease,
Construction, Operation, and Maintenance of the Alaska SeaLifeCenter dated as of April 28,
1995, as amended to the date hereof, between the City and SAAMS and Amended and Restated
Agreement for Lease of Tract 2A, Tidelands, and the Lease, Operation and Maintenance of the
Alaska SeaLife Center effective November 8, 2006, as amended to the date hereof, between the
City and SAAMS. and Second Amended and Restated Agreement for Lease of Tract 2A,
Formatted:Strikethrough
Tidelands,Waterfront Tracts and the Lease, Operation and Maintenance of the Alaska SeaLife
Center effectiveNovember 8, 2006January 14, 2010, as amended to the date hereof, between the
Formatted:Strikethrough
City and SAAMS.
1.1.21 “Renewal and Replacement Fund Requirement” means (i)
$500,000671,958for the Fiscal Yearsending September 30, 20072016 through September 30,
2020, and (ii) for each subsequent Fiscal Year, the amount determined by multiplying the
Renewal and Replacement Fund Requirement for the immediately preceding Fiscal Year by
1.0301.020.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 6 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
63
1.1.22 "SAAMS" means the Seward Association for the Advancement of Marine
Science d/b/a Alaska SeaLife Center, a nonprofit corporation organized under the laws of the
State of Alaska and recognized by the Internal Revenue Service under 26 USC 501(c)(3).
1.1.23 "Site" means the real property owned by the City and described on the
attached Exhibit "A."
1.1.24 "State" means the State of Alaska.
1.1.25 “Termination Fund Requirement” means the amount required to
maintain the Site and Improvements while closed to public access and to any research activity
for a period of one year pursuant to SAAMS’ election not to operate the Improvements under
Subsection 3.1.1, and determined to be (i) $700,000940,741for the Fiscal Years ending
September 30, 20062016 through September 30, 2020, and (ii) for each subsequent Fiscal Year,
the amount determined by multiplying the Termination Fund Requirement for the immediately
preceding Fiscal Year by 1.0301.020.
1.1.26 "Term" means the term of this Agreement, which shall be the duration of
the lease of the Site, Improvements, by the City to SAAMS as set forth in Section 3.1.
1.2General Definitions.
1.2.1Sections. All references in this Agreement to designated "Sections" and
other subdivisions are to designated sections and other subdivisions of this Agreement.
1.2.2General Words of Reference. The words "herein," "hereof," "hereto,"
"hereby," and "hereunder" and other words of similar import refer to this Agreement as a whole
and not any particular section or other subdivisions.
1.2.3Singular/Plural. The terms specifically defined in Section 1.1 have the
meanings assigned to them in that Section and include the plural as well as the singular.
1.2.4GAAP. Allaccounting terms not otherwise defined herein have the
meanings assigned to them in accordance with applicable generally accepted accounting
practices, consistently applied, in effect from time to time.
1.2.5Authority. Every "approval," "request," "order," "demand,"
"application," "appointment," "notice," "statement," "certificate," "consent," or similar action
hereunder shall, unless the form thereof is specifically provided, be in writing, signed by a duly
authorized officer or agent of the party orother person with a duly authorized signature.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 7 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
64
2.Representations and Warranties.
2.1Representations and Warranties of City. As of the date hereof, the City hereby
represents and warrants as follows:
2.1.1Good Standing. The City is a home rule city duly organized and existing
under the constitution and laws of the State of Alaska.
2.1.2Authorization. The City has the full power and authority to enter into
this Agreement and to carry out its terms and provisions.
2.1.3Consent, Approval. Except as may have already been obtained, no
consent or approval of any trustee or holder of any indebtedness or obligation of the City, and no
consent, approval, permission, authorization, order, or license of any governmental authority, is
required to be obtained by the City for the execution and delivery of this Agreement or any other
instrument or agreement required of the City under this Agreement.
2.1.4No Restrictions on Agreement. The City is not subject to any charter,
ordinance, contractual limitation, or provision of any nature whatsoever which in any way limits,
restricts, or prevents the City from entering into this Agreement or from performing any of its
obligations hereunder.
2.1.5No Conflicts with Other Agreements. Neither the execution and
delivery of this Agreement, and the consummation of the transactions contemplated hereby, nor
the fulfillment of or compliance with the provisions hereof, materially conflicts with, violates, or
breaches any of the material terms, conditions, or provisions of any indenture, instrument, or
agreement to which the City is a party or by which the City is bound, any statute, rule, or
regulation, or any judgment, decree, or order of any court or agency binding on the City, or
constitutes a default under any of the foregoing which has not been waived or consented to in
writing by the appropriate party or parties, or results in the creation or imposition of any lien,
charge, security interest, or encumbrance of any nature whatsoever upon any of the Site or
Improvements not permitted under the terms of any restriction, agreement, instrument, statute,
governmental rule or regulation, court order, judgment, or decree.
2.1.6Litigation. To the knowledge of the City, there is no action, suit,
proceeding, inquiry, or investigation by or before any court, governmental agency, or public
board or body pending or threatened against the City which (i) affects or seeks to prohibit,
restrain, or enjoin the execution and delivery of this Agreement, (ii) affects or questions the
validity or enforceability of this Agreement, or (iii) questions the power or authority of the City
to carry out the transactions contemplated by, or to perform its obligations under, this
Agreement.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 8 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
65
2.1.7Enforceability. When duly executed, this Agreement will be enforceable
against the City according to its terms, except as may be limited by bankruptcy, insolvency,
reorganization, or other laws affecting creditors' rights generally as amended from time to time.
2.1.8Effect of Certificate. Any certificate signed by an official of the City
duly authorized to execute such certificate and delivered pursuant to this Agreement shall be
deemed to be a representation and warranty by the City as to the statements made therein.
2.2Representations and Warranties of SAAMS. As of the date hereof, and as to
Subsection 2.2.10 for the Term of this Agreement, SAAMS hereby represents and warrants as
follows:
2.2.1Good Standing; 501(c) (3) Recognition. SAAMS is a nonprofit
corporation in good standing under the laws of the State of Alaska and has been determined by
the Internal Revenue Service to be an organization described in 26 U.S.C. 501(c)(3).
2.2.2Authorization. SAAMS has full corporate power and authority to carry
on its business as now conducted and to enter into this Agreement. The execution and delivery
of this Agreement has been authorized by proper corporate action, and this Agreement
constitutes a valid and legally binding obligation of SAAMS.
2.2.3Consent, Approval. Except as may have already been obtained, no
consent or approval of any trustee or holder of any indebtedness or obligation of SAAMS, and
no consent, approval, permission, authorization, order, or license of any governmental authority,
is required to be obtained by SAAMS for the execution and delivery of this Agreement or any
other instrument or agreement required of SAAMS under this Agreement.
2.2.4No Restrictions on Agreement. Except as has been waived in writing by
the City, SAAMS is not subject to any charter, bylaw, or contractual limitation or provision of
any nature whatsoever which in any way limits, restricts, or prevents SAAMS from entering into
this Agreement or from performing any of its obligations hereunder.
2.2.5No Defaults. SAAMS is not in default of any promissory note, loan
agreement, lease agreement, rental agreement, grant agreement, or any other contract or
obligation.
2.2.6No Conflicts with Other Agreements. Neither the execution and
delivery of this Agreement, and the consummation of the transactions contemplated hereby, nor
the fulfillment of or compliance with the provisions hereto, materially conflicts with, violates, or
breaches any charter, bylaw, or stock provision of SAAMS, any of the material terms,
conditions, or provisions of any indenture, instrument, or agreement to which SAAMS is a party
or by which SAAMSis bound, any statute, rule or regulation, or any judgment, decree, or order
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 9 of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
66
of any court or agency binding on SAAMS, or constitutes a default under any of the foregoing
which has not been waived or consented to in writing by the appropriate party or parties, or
results in the creation or imposition of any lien, charge, security interest, or encumbrance of any
nature whatsoever upon any of the property or assets of SAAMS not permitted under the terms
of any restriction, agreement, instrument, statute, governmental rule or regulation, court order,
judgment, or decree.
2.2.7Litigation. To the knowledge of SAAMS, there is no action, suit,
proceeding, inquiry, or investigation by or before any court, governmental agency, or public
board or body pending or threatened against SAAMS which (i) affects or seeks to prohibit,
restrain, or enjoin the execution and delivery of this Agreement, (ii) affects or questions the
validity or enforceability of this Agreement, or (iii) questions the power or authority of SAAMS
to carry out the transactions contemplated by, or to perform its obligations under, this
Agreement.
2.2.8Enforceability. When duly executed, this Agreement will be enforceable
against SAAMS according to its terms, except as may be limited by bankruptcy, insolvency,
reorganization, or other laws affecting creditors' rights generally as amended from time to time.
2.2.9Effect of Certificate. Any certificate signed by an officer of SAAMS
duly authorized to execute such certificate and delivered pursuant to this Agreement shall be
deemed to be a representation and warranty by SAAMS as to the statements made therein.
2.2.10Mission.The primary corporate purpose and mission of SAAMS is, and
will remain for the duration of the Term of this Agreement, the operation and maintenance of the
Improvements as a marine research, rehabilitation and education facility and to a standard that is
comparable to that of other well-operated and maintained marine research facilities throughout
the United States. SAAMS will apply all donations and appropriations of public funds that are
made to or for the Alaska SeaLifeCenter to carry out this corporate purpose and mission.
3.Lease of Site, and Improvements. The City leases to SAAMS and SAAMS leases from
the City the Site and Improvements subject to the terms and conditions of this Agreement.
3.1Term. The Term of the lease by the City to SAAMS and SAAMS agreement to
operate and maintain the Site and Improvements shall commence on April 28, 1995. The Term
of this Agreement shall terminate at the end of the practical life of the Improvements or as
provided in Section 3.1.2.
3.1.1Practical Life of Improvements. The practical life of the Improvements shall:
3.1.1.1For so long as the Cooperative Agreement remains in effect, end
upon the occurrence of both of the following: (i) SAAMS makes a reasonable determination, as
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 10of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
67
verified by an independent financial consultant selected or approved by the City, that the
Improvements are not capable of generating revenues sufficient to cover the operating expenses
and debt service of the Improvements, plus fund the renewal and replacement fund for the
Improvements as required in Section 5.4; and (ii) while being operated in accordance with any
recommendation from the independent financial consultant and in accordance with terms and
conditions of this Agreement during the two-year period following SAAMS’determination, the
Improvements do not generate revenues sufficient to cover the operating expenses and debt
service of the Improvements, plus fund the renewal and replacement fund for the Improvements
as required in Section 5.4; or
3.1.1.2If the Cooperative Agreement has terminated, end upon the date
that SAAMS makes a reasonable determination that the Improvements are not capable of
generating revenues sufficient to cover the operating and proactive maintenance expenses of the
Improvements, plus fund the renewal and replacement fund as required in Section 5.4.
3.1.2 Limitation of Term. In no event shall the Term of this Agreement extend
beyond the earlier of (i) April 28, 2048, and (ii) any event causing damage to, or destruction of,
the Improvements, where the cost of repairing or restoring the Improvements, net of any
available reserves and insurance proceeds not reduced for applicable deductibles and
coinsurance, exceeds ten percent (10%) of the replacement cost of the Improvements.
3.2Rental Payments.
3.2.1Site and Improvements.With regard to the Site and Improvements,
SAAMS shall pay to the City a yearly rental of One Dollar ($1.00), payable on the first day of
the Term, and thereafter on the firstday of each calendar year during the Term. SAAMS has
prepaid such rent for the entire Term.
3.3Quiet Enjoyment. The City covenants and agrees that SAAMS shall have quiet
enjoyment of the Site, Improvements during the Term.
3.4Existing Improvements. The City and SAAMS acknowledge that there are
certain improvements currently located in, on, or around the Site that existed before the date of
the Previous Agreements. Such improvements now owned by the City shall remain the property
of the City. Subject to Sections 3.4.1 and 3.4.2 of this Agreement, SAAMS may use, sell,
demolish, remove, or otherwise dispose of any such improvements located on the Site. The City
shall receive no compensation for such improvements other than the performance of SAAMS'
covenants under this Agreement.
3.4.1Utilities. SAAMS may, at its own expense and subject to the written
approval of the City relocate, sell, demolish, remove, or otherwise dispose of City utilities on the
Site.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 11of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
68
3.4.2Fourth Avenue Dock. The parties acknowledge that the Fourth Avenue
Dock was decommissioned. SAAMS may not make the Fourth Avenue Dock available for the
docking of vessels without the written permission of the City. SAAMS may, at its own expense,
(i)remove parts of the Fourth Avenue Dock as necessary to render the dock unusable by vessels,
including without limitation bollards, fender poles, and bumpers: and (ii) either render the dock
safe for public access or prevent such access by constructing a fence or other equivalent means to
block access. Except as permitted by this paragraph, SAAMS shall not sell, demolish, remove,
or otherwise dispose of the Fourth Avenue Dock without the written permission of the City.
3.5Payment of Expenses. SAAMS shall be responsible for the payment of all
expenses relating to the management and operation of the Site and Improvements.
3.6Use; Limitations on Use.
3.6.1Use. The Improvements shall be available for use by the general public
and shall be used as a facility dedicated to understanding and maintaining the integrity of the
marine ecosystem of Alaska through research; with specialized capabilities for studies on marine
mammals, marine birds, fish, climate change; conservation, rehabilitation, public education, and
public visitation.
3.6.2Cancellation of Insurance. SAAMS shall not do, bring, or keep anything
in or about the Site and Improvements that will cause a cancellation of any insurance covering
the Site and Improvements.
3.6.3Compliance with Laws. SAAMS shall comply at all times with any and
all Federal, State, Kenai Peninsula Borough, and City statutes, ordinances, rules, regulations and
judicial and administrative decisions governing the use and operation of the Site, Improvements,
including without limitation the terms and provisions of the conditional use permit for the Alaska
SeaLife Center, as such term is defined in the Cooperative Agreement, issued by the City
Planning and Zoning Commission.
3.6.4Waste; Nuisance. SAAMS shall not use the Site and Improvements in
any manner that will constitute waste, nuisance, or unreasonable annoyance.
3.7Inspection of Site and Improvements.The City may periodically inspect the
Site and Improvements in order to ascertain the condition of each, but the exercise of this right
shall not imply any obligation to do so nor any obligation to do so in any particular way.
3.8Utilities and Services.SAAMS shall make all arrangements for and pay for all
utilities and services furnished to or used by SAAMS at theSite and Improvements, during the
Term.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 12of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
69
3.9Taxes, Assessments, and Other Charges. SAAMS shall pay all real and
personal property taxes, sales taxes, special assessments, and other charges of every description
levied on or assessed against the Site, improvements on the Site, personal property located on the
Site, the leasehold estate, or SAAMS' business operations located on the Site, to the full extent of
installments falling due during the Term. SAAMS shall make all such payments before
delinquency and before any fine, interest, or penalty shall become due or be imposed by
operation of law for their nonpayment; provided that SAAMS may pay any such payment in
installments where permitted by law,but shall pay any installment with interest before
delinquency. SAAMS may contest the legal validity or amount of any tax, assessment, or charge
for which SAAMS is responsible under this Agreement. If SAAMS contests any such tax,
assessment, or charge, SAAMS may withhold or defer payment or pay under protest, but shall
protect the City and the Site from any lien by surety bond or other appropriate security.
3.9.1Taxation. To the extent that sales by SAAMS and rents paid to SAAMS
related to the visitor and educational parts of the Improvements are exempt from City sales tax
only because SAAMS is a nonprofit corporation, SAAMS will collect on all such sales and rents
and remit to the City an amount equal to the City sales tax that would be due on such sales and
rents if such sales and rents were not exempt.
3.10Public Access to Site and Improvements.SAAMS acknowledges that public
use of, and access to, the Site and Improvements are material factors in the determination by the
City that this Agreement is in the public interest. SAAMS shall permit public use of, and access
to, the Site and Improvements as provided in this Section, in addition to all other public use of
the Site and Improvements.
3.10.1Public Use of Site and Improvements.Subject to fees and regulations
that SAAMS may adopt, SAAMS shall permit the general public to use the grounds of the Site
and the interior of the visitor and education portion of the Improvements at times outside the
regular business hours of the visitor and education portion of the Improvements.
3.10.2Public Access to Plaza and Bike Path. Subject to regulations adopted by
SAAMS, SAAMS shall make the plaza on the Site accessible to the general public at all times,
and shall design, construct, and maintain the Site and Improvements so that the general public
shall have reasonable pedestrian access between the Site and the bike path on adjacent City
property.
3.10.3Public Restrooms. SAAMS shall maintain restrooms on the Site that are
available to the general public without paying for admission to the visitor and education portion
of the Improvements during the regular business hours of the visitor and education portion of the
Improvements.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 13of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
70
3.11Books; Financial Statements.
3.11.1Books of Record and Account. SAAMS shall keep proper books of
record and account in which complete and correct entries shall be made of all transactions
relating to the Site and Improvements. Such books of record and account shall at all times
during business hours be subject to the inspection of the City or its authorized representatives.
3.11.2 Detailed Budget Report. Each quarter, beginning, January,
2009, SAAMS will provide the City with an updated detailed budget report including budgeted
grant revenues and estimated revenues from all other sources. The budget reports will be
provided as per normal SAAMS Board reports.
3.11.3 Bank Financial Statements.On a monthly basis SAAMS will
provide the City with copies of third party bank or financial institution statements detailing the
balances of the Renewal and Replacement Fund and Termination Fund held by SAAMS.
3.11.4Financial Statements. SAAMS shall cause to be prepared and
filed with the City annually, within one hundred eighty (180) days after the close of each Fiscal
Year during the Term, its annual audited financial statements, accompanied by an opinion in
writing of an independent certified public accountant. For the purpose of any provision of this
Agreement that requires SAAMS to maintain a specified balance in a special fund, the balance in
the fund shall be determined as of the last day of the Fiscal Year, in accordance with the audited
financial statements for that Fiscal Year.
3.11.5 Nonprofit Status. SAAMS shall promptly notify the City upon
receipt of any notice from the Internal Revenue Service questioning or revoking recognition of
SAAMS as an organization recognized under 26 USC 501(c)(3). The notice to the City shall
describe any material adverse change to the financial condition of SAAMS that would result
from SAAMS ceasing to be recognized as a 501(c) (3) organization.
3.12Destruction/Restoration
3.12.1Total or Partial Destruction; Obligation to Restore. If, during the
Term, the Improvements are totally or partially destroyed, rendering the Improvements totally or
partially inaccessible or unusable, SAAMS shall restore the Improvements to substantially the
same condition as they were in immediately before destruction, except as provided in Sections
3.13.1.1 and 3.13.1.2.
3.12.1.1If the cost of repairing or restoring the Improvements, net of any
available repair and replacement reserves and insurance proceeds not reduced by applicable
deductibles and coinsurance, exceeds ten percent (10%) of the then replacement cost of the
Improvements, SAAMS can elect to terminate this Agreement by giving notice to the City within
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 14of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
71
fifteen (15) days after determining the restoration cost and replacement value, and this
Agreement shall terminate.
3.12.1.2If the existing laws do not permit the restoration, either party can
terminate this Agreement immediately by giving notice to the other party.
3.12.2City Not Obligated to Restore Improvements. The City shall be under
no obligation to use or advance any of its own funds to restore any damage to, or destruction of,
the Improvements.
3.13Condemnation.
3.13.1Rights and Obligations of Parties Governed by this Agreement. If,
during the Term, there is any taking of all or any part of the Site and Improvements, or any
interest in this Agreement (collectively the "Premises") by condemnation, the rights and
obligations of the parties shall be determined pursuant to this Section 3.14.
3.13.2Total Taking. If the Premises are totally taken by condemnation, this
Agreement shall terminate on the Date of Taking.
3.13.3Partial Taking. If any portion of the Premises is taken by condemnation,
this Agreement shall remain in effect, except that SAAMS can elect to terminate this Agreement
if the remaining portion of the Premises is rendered unsuitable for SAAMS' continued use of the
Premises.
3.13.4Payment of Award. The Award shall be payable first, to ADF&G, to the
extent required under the Cooperative Agreement, and second, to SAAMS; except that the City
shall receive from the Award the amount attributable to the value of the Site without
Improvements.
4.Additional Construction. The following conditions govern all construction on the Site
on and after the date of this Agreement, including alterations, additions to, and reconstruction of,
the Improvements.
4.1City Approval of Proposed Construction
4.1.1Construction on the Site.Construction (i) having a value not
exceeding five hundred thousand dollars ($500,000), or (ii) related to exhibits or renewals or
replacementsshall not be subject to approval by the City. Before commencing any construction
that is not described in the preceding sentence, SAAMS shall deliver to the City, for the City's
approval, a set of plans and specifications for the construction prepared by an architect or
engineer licensed to practice as such in the State of Alaska. The City shall approve the proposed
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 15of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
72
construction if it will not (i) reduce the value of the Site or Improvements, and (ii) be
inconsistent with the mission ofthe Improvements, and which approval shall not be
unreasonably withheld. The City shall be deemed to have approved the proposed construction if
it does not notify SAAMS within sixty (60) days after receipt of the plans and specifications that
it disapproves.
4.2Conditions of Construction. All construction shall be subject to the following
conditions:
4.2.1SAAMS shall have obtained all permits required by federal, state,
municipal, or borough governmental agencies as a condition to commencing construction.
SAAMS, at its sole cost, shall obtain all permits or approvals required by applicable law or
regulation, necessary to the construction.
4.2.2All contractors for the construction on the Siteshall furnish performance
and payment bonds. to the extent required by A.S. 36.25.010 in the amount of the contract price,
and in the customary form. For all construction requiring the City's approval under Section 4.1.1
copies of all such bonds shall befurnished to the City at least ten (10) working days prior to
commencement of construction.
4.3Mechanics' Liens. SAAMS shall not permit to be enforced against the Site or
the Improvements, or any part of them, any mechanic's or materialman's lien arising from any
work of improvement, however such lien may arise. However, SAAMS may in good faith and at
SAAMS' own expense contest the validity of any such asserted lien, claim, or demand, provided
SAAMS has furnished the bond required in A.S. 34.35.072 (or any comparable statute hereafter
enacted providing for a bond freeing the Property from the effect of such a lien claim). SAAMS
shall defend and indemnify the City against all liability and loss of any type arising out of work
performed on the Site or Improvements by SAAMS, together with reasonable attorneys' fees and
all costs and expenses incurred by the City in negotiating, settling, defending, or otherwise
protecting against such claims.
4.3.1Reimbursement of City. If SAAMS does not cause to be recorded the
bond described in A.S. 34.35.072 or otherwise protect the Site and Improvements under any
alternative or successor statute, and a final judgment has been rendered against SAAMS by a
court of competent jurisdiction for the foreclosure of a mechanic's or materialman's lien claim,
and if SAAMS fails to stay the execution of the judgment by lawful means or to pay the
judgment, the City shall have the right, but not the duty, to pay or otherwise discharge, stay, or
prevent the execution of any such judgment or lien or both. SAAMS shall reimburse the City for
all sums paid by the City under this section, together with all the City's reasonable attorneys' fees
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 16of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
73
and costs, plus interest on those sums, fees, and costs at the Prime Rate plus three percent (3%)
per year from the date of payment until the date of reimbursement.
4.3.2Notice of Non-Responsibility. The City may give notice of non-
responsibility for any work performed by SAAMS on the Site or the Improvements.
4.3.3Notice of Completion. On completion of any work exceeding $100,000,
SAAMS shall file or cause to be filed a notice of completion. SAAMS hereby appoints the City
as SAAMS’ attorney-in-fact to file the notice of completion on SAAMS failure todo so after the
work of improvement has been substantially completed.
5.Cooperative Agreement Requirements. Under the Cooperative Agreement, the City is
responsible for the operation and maintenanceof the Improvements as a marine research,
rehabilitation and education facility. By this Agreement, SAAMS agrees to perform all of the
obligations of the City under the Cooperative Agreement, including without limitation the
obligations described in thisSection 5.
5.1Operation and Maintenance of Improvements. SAAMS shall provide the
personnel, subcontractors, equipment, and facilities to perform all things necessary to operate
and maintain the Improvements during the practical life of the Improvements. SAAMS shall
operate and maintain the Improvements to a standard that is comparable to that of other well-
operated and maintained marine research facilities throughout the United States. SAAMS shall
develop and implement a maintenance plan and schedule to ensure that the Improvements are
operated and maintained to the standard set forth in this subsection.
5.2Compliance with Cooperative Agreement. SAAMS shall use and maintain the
Improvements in accordance with all requirements of the Cooperative Agreement then in effect
with respect to such use and maintenance. SAAMS shall not use the Improvements in any
manner that would cause the City to be in breach of, or to incur any liability under, any provision
of the Cooperative Agreement then in effect.
5.3Space for EVOS Research. SAAMS shall comply with the terms of the
Cooperative Agreement then in effect concerning giving priority to research related to the Exxon
ValdezOil Spill restoration mission, rent for space to conduct research funded with joint Exxon
Valdez Oil Spill civil settlement funds, allocation of laboratory and office space to ADF&G for
research projects at the EVOS Facility, and use of Research Equipment & Restoration Exhibitry
as described in the Cooperative Agreement.
5.4Renewal and Replacement Fund. SAAMS has accumulated and shall maintain
an amount equal to the Renewal and Replacement Fund Requirement in a special fund dedicated
to pay the cost of major repairs and replacements to and within the Improvements, that otherwise
would be the obligation of the City under the Cooperative Agreement. For purposes of this
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 17of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
74
Agreement, "major repairs and replacements" means a discrete repair expenditure greater than
$50,000, or any repair or maintenance project that is outside the scope of the annual operating
budget or annual maintenance plan. Amounts may be withdrawn from the fund to pay the cost of
major repairs and replacements within the Improvements, to the extent that insurance or other
moneys recoverable as the result of damage or loss to the Improvements are not available to pay
such cost. If a withdrawal from the fund to pay the cost of major repair or replacements within
the Improvements causes the amount remaining in the fund to be less than the Renewal and
Replacement Fund Requirement, SAAMS shall restore the amount in the fund to not less than
the Renewal and Replacement Fund Requirement by making not more than five equal annual
deposits to the fund. Nothing in this subsection limits SAAMS' responsibility to maintain and
repair the Improvements in a timely manner even if the costs exceed the amount in the fund.
5.5SAAMS Election Not to Operate the Improvements. SAAMS shall notify the
City if SAAMS elects not to operate the Improvements, either because the Improvements have
reached the end of their practical life as defined in Subsection 3.1.1, or if for any other reason
permitted under this Agreement, SAAMS elects not to operate the Improvements. The City shall
provide the same notice to ADF&G under the Cooperative Agreement within thirty (30) business
days after receiving the notice from SAAMS. If the City elects not to operate the Improvements,
the latter notice commences the one-year period during which ADF&G shall have the option to
enter and assume the operation of the Alaska SeaLife Center, as provided in the Cooperative
Agreement. For a period of one year after giving notice to ADF&G under this subsection,
SAAMS shall continue to operate and maintain the Site and Improvements asdefined in
Subsection 1.1.25.SAAMS shall maintain an amount equal to the Termination Fund
Requirement in a special fund dedicated to pay the cost of performing this obligation. SAAMS
may access up to $500,000700,000annually from the Termination Fund between October 1 and
September 29, but shall provide evidence to the City that on September 30 that this fund is fully
replenished. Nothing in this subsection is intended to limit SAAMS' responsibility if the costs
exceed the amount in the special fund. Any amount remaining in the fund at the end of the one-
year period shall be released to the party that has assumed the operation of the Improvements.
6.Insurance. Commencing not later than the effective date of this Agreement and
throughout the Term, SAAMS shall procure and maintain at its expense the insurance required
under this section. All such policies shall be written by insurance companies legally authorized
or licensed to do business in the State of Alaska and acceptable to the City. SAAMS shall
provide to the City from time to time certificates that it has procured and is maintaining the
insurance required under this Agreement.
6.1Under the Cooperative Agreement.For so long as the Cooperative Agreement
requires the City to insure the Site or Improvements, the minimum insurance for the Site and
Improvements shall be that required of the City under the Cooperative Agreement; provided that
such insurance requirements may be modified as provided in this Section 6.1. If one or more of
the required insurance coverages are not available under reasonable terms and conditions,
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 18of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
75
SAAMS shall, under the guidance and direction of the State of Alaska, Division of Risk
Management, use its best efforts to obtain reasonably equivalent coverage acceptable to
ADF&G. If, after utilizing its best efforts, SAAMS is unable to obtain adequate insurance at a
cost effective rate as reasonably determined by SAAMS, SAAMS may request a waiver of the
relevant insurance requirement. The request shall outline the steps taken by SAAMS to obtain
such insurance and shall disclose quotations received for coverage. Upon the written
determination of the State of Alaska, Division of Risk Management that a reasonable basis exists
to believe that a waiver of such insurance will not materially affect the State's risk with regard to
the Improvements or any activities in, on, or around the Improvements, and approval of the
requested waiver by ADF&G, the City will approve the requested waiver.
6.2If Not Required by the Cooperative Agreement.If the Cooperative Agreement
does not require the City to insure the Site or Improvements, the insurance for theSite and
Improvements shall be that which the City then requires generally under leases of City property
to private parties.
6.3Notice to City. All insurance policies shall provide for thirty (30) days' notice to
the City and ADF&G of cancellation and/or material change in policy terms.
6.4Additional Insurance Provisions. The City and Indemnified Parties shall be
named as additional insureds under all insurance policies maintained by SAAMS as required
under Section 6.1, or SAAMS shall obtain an appropriate waiver of subrogation in favor of the
City and the Indemnified Parties with respect to all insurance policies to effect the same purpose.
The City, ADF&G, andState of Alaska shall be named under casualty insurance required under
Section 6.1 as loss payees on any property loss settlement. The City shall be named as an
additional insured under all policies maintained by SAAMS as required under Section 6.2, or
SAAMS shall obtain an appropriate waiver of subrogation in favor of the City with respect to all
insurance policies to effect the same purpose. The City shall be named under casualty insurance
required under Section 6.2 as loss payee on any property loss settlement.
7.Default and Remedies
7.1Events of Default of SAAMS. The following events shall constitute a "SAAMS
Event of Default" under this Agreement:
7.1.1Failure to Pay. The failure of SAAMS to pay to the City any rental or
other sum of money due under this Agreement within ten (10) days after the same is due
hereunder.
7.1.2Default of Covenants or Conditions. Default by SAAMS in the
performance or observance of any covenant or condition of this Agreement (other than a default
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 19of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
76
involving the payment of money or under Section 7.1.1), which default is not cured within thirty
(30)days after the giving of notice thereof by the City, unless such default is ofa nature that it
cannot be cured within such thirty (30) day period, in which case no Event of Default shall be
declared so long as SAAMS shall commence the curing of the default within such thirty (30) day
period and shall thereafter diligently prosecutethe curing of same.
7.1.3Compliance with Health and Life/Safety Codes. Failure by SAAMS to
maintain the Site and Improvements instrict compliance with health and life/safety codes as
required by this Agreement.
7.1.4Representations or Warranties. If any representation or warranty by
SAAMS contained in this Agreement is false in any material respect as of the date of the making
or furnishing thereof and which would have a material adverse effect on the Site or
Improvements.
7.1.5Execution, Insolvency. The sale of SAAMS' interest in the Site or
Improvements under attachment, execution, or similar legal process; or if SAAMS is adjudicated
as bankrupt or insolvent under any state bankruptcy or insolvency law or an order for relief is
entered against SAAMS under the federal Bankruptcy Code and such adjudication or order is not
vacated within ninety (90) days.
7.1.6Filing of Bankruptcy Petition. The commencement of a case under any
chapter of the federal Bankruptcy Code by or against SAAMS, orthe filing of a voluntary or
involuntary petition proposing the adjudication of SAAMS as bankrupt or insolvent, or the
reorganization of SAAMS, or an arrangement by SAAMS with its creditors, unless the petition is
filed or case commenced by a party other than SAAMS and is withdrawn or dismissed within
ninety (90) days after the date of its filing.
7.1.7Admission of Inability to Pay Debts. The admission in writing by
SAAMS of its inability to pay its debts when due.
7.1.8Appointment of Receiver or Trustee. The appointment of a receiver or
trustee for the business or property of SAAMS, unless such appointment shall be vacated within
ten (10) days of its entry.
7.1.9Assignment for Benefit of Creditors. The making by SAAMS of an
assignment for the benefit of its creditors, or if in any other manner SAAMS' interest in this
Agreement shall pass to another by operation of law.
7.1.10Dissolution. The voluntary or involuntary dissolution of SAAMS.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 20of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
77
7.1.11Other Events of Default. The occurrenceof any other event described as
constituting an "Event of Default" of SAAMS elsewhere in this Agreement.
7.2Remedies of the City on SAAMS' Default. Subject to Section 7.5, upon the
occurrence and continuation of a SAAMS Event of Default, the City, without notice to SAAMS
in any instance (except where expressly provided for below), in addition to all remedies available
at law, may do any one or more of the following with respect to SAAMS:
7.2.1Termination. Terminate this Agreement and the rights created herein by
giving notice of such election to SAAMS
7.2.2Enter Site and Improvements; Take Possession.With or without
judicial process, enter the Site and Improvements and take possessionof any and all goods,
inventory, equipment, fixtures, accounts, general intangibles, and all other personal property of
SAAMS used in connection with the Site and Improvements without liability for trespass or
conversion, and may sell all or any part thereof at public or private sale.
7.2.3Perform Obligations. Without assuming any obligation to do so,
perform, on behalf of and at the expense of SAAMS, any obligation of SAAMS under this
Agreement which SAAMS has failed to perform and of which the City shall have given SAAMS
notice, the cost of which performance by the City shall be payable by SAAMS to the City upon
demand, and such sums shall bear interest until paid at an annual rate equal to the Prime Rate
plus three percent (3%).
7.2.4Specific Performance. Seek specific performance of any term or
provision of this Agreement.
7.2.5Use of Site and Improvements. If this Agreement is terminated, the City
may enter into other agreements providing for use of the Site or the Improvements for such term
or terms (which may be greater or less than the period which otherwise would have constituted
the balance of the Term) and on such terms and conditions (which may include concessions or
free use and alterations of the Improvements) as the City, in its absolute discretion, may
determine, but the City shall not be liable for, nor shall SAAMS' obligations hereunder be
diminished by reason of, any failure by the City to enter into such leases or any failure by the
City to collect any rental due upon such agreements.
7.2.6Force Majeure. If by reason of force majeure, SAAMS is unable in
whole or in part to perform its obligations under this Agreement, SAAMS shall not be in default
under this Agreement during the continuance of such inability. SAAMS agrees, however, to use
all reasonable efforts to remedy with all reasonable dispatch the cause or causes of its failure to
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 21of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
78
carry out its obligations under this Agreement; provided that the settlement of strikes, lockouts,
and other industrial disturbances shallbe entirely within the discretion of SAAMS or its
contractors, as the case may be, and SAAMS and its contractors shall not be required to make
settlement of strikes, lockouts, or other industrial disturbances by acceding to demands of
opposing parties when such course is in the judgment of SAAMS unfavorable to SAAMS. No
event which is reasonably in the control of SAAMS or which SAAMS, through the exercise of
reasonable maintenance or management, could have reasonably prevented from occurring, shall
be considered "force majeure."
7.3City Events of Default. The following events shall constitute a "City Event of
Default" under this Agreement:
7.3.1Default of Covenants or Conditions. Default by the City in the
performance or observance of any covenant or condition of this Agreement, which default is not
cured within thirty (30) days after the giving of notice thereof by SAAMS, unless such default is
of a nature that it cannot be cured within such thirty (30) day period, in which case no Event of
Default shall be declared so long as the City shall commence the curing of the default within
such thirty (30) day period and shall thereafter diligently prosecute the curing of same.
7.3.2Representations or Warranties. If any representation or warranty by the
City contained in this Agreement is false in any material respect as of the date of the making or
furnishing thereof and which would have a material adverse effect on the Site and
Improvements.
7.3.3Execution, Insolvency. The sale of the City's interest in the Site or
Improvements under attachment, execution, or similar legal process; or if the City is adjudicated
as bankrupt or insolvent under any state bankruptcy or insolvency law or an order for relief is
entered against the City under the federal Bankruptcy Code and such adjudication or order is not
vacated within ninety (90) days.
7.3.4Filing of Bankruptcy Petition. The commencement of a case under any
chapter of the federal Bankruptcy Code by or against the City, or the filing of a voluntary or
involuntary petition proposing the adjudication of the City as bankrupt or insolvent, or the
reorganization of the City, or an arrangement by the City with its creditors, unless the petition is
filed or case commenced by a party other than the City and is withdrawn or dismissed within
ninety (90) days after the date of its filing.
7.3.5Force Majeure. If by reason of Force Majeure, the City is unable in
whole or in part to perform its obligations under this Agreement, the City shall not be in default
under this Agreement during the continuance of such inability. The City agrees, however, to use
all reasonable efforts to remedy with all reasonable dispatch the cause or causes of its failure to
carry out its obligations under this Agreement; provided that the settlement of strikes, lockouts,
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 22of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
79
and other industrial disturbances shall be entirely within the discretion of the City or its
contractors, as the case may be, and the City and its contractors shall notbe required to make
settlement of strikes, lockouts, or other industrial disturbances by acceding to demands of
opposing parties when such course is in the judgment of the City unfavorable to the City.
7.4Remedies of SAAMS on the City's Default. Subject to Section 7.5, upon the
occurrence and continuation of a City Event of Default, SAAMS may do any one or more of the
following:
7.4.1Terminate Agreement. SAAMS may elect to terminate this Agreement.
7.5Informal Dispute Resolution, Mediation.The exercise by the City and SAAMS
of the remedies provided in Sections 7.2 and 7.4, respectively, shall be subject to prior informal
dispute resolution and mediation as provided in this Section.
7.5.1Negotiation.Within 10 days after either party gives notice of the other
party’s default under this Agreement, SAAMS and the City meet to discuss the issue and attempt
to negotiate its resolution. When SAAMS and the City agree upon the resolution of such an
issue, such agreement shall be effective immediately and shall be recorded by the preparation
and execution of an amendment to this Agreement.
7.5.2Mediation.Any notice of default that was not resolved by negotiation
under subsection 7.5.1 of this Section shall be submitted to mediation in accordance this
subsection.
7.5.2.1A party shall file notice of demand for mediation in writing with the other
party. Demand for mediation may not be filed until the tenth day after the parties have met to
negotiate under subsection 7.5.1 of this section. Failure to demand mediation within thirty (30)
days after the earliest date on which mediation may be demanded under this paragraph shall
result in waiver of the default. In no event may demand for mediation be made after the date
when institution of litigation based on the default would be barred by the applicable statute of
limitations.
7.5.2.2After the filing of a timely demand for mediation,the parties shall use
good faith efforts to resolve the issue that is the subject of the demand through non-binding
mediation. If the parties cannot agree upon mediation or a mediator within fifteen (15) days
from the date of the demand for mediation, either party may request the Superior Court for the
State of Alaska, Third Judicial District at Kenai, to select the mediator and the court-selected
mediator shall determine what rules shall govern the mediation.
7.6No Remedy Exclusive. No remedy herein conferred upon or reserved to the City
or SAAMS is intended to be exclusive of any other available remedy or remedies but each and
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 23of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
80
every such remedy shall be cumulative and shall be in addition to every other remedy herein or
now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any
right or power accruing upon an Event of Default shall impair any such right or power or shall be
construed to be a waiver thereof (unless expressly waived by the City or SAAMS), but any such
right or power may be exercised from time to time and as often as may be deemed expedient.
8.Indemnity and Exculpation
8.1Limitation of City Liability. Except as provided in Section 8.4, the Indemnified
Parties and the City, its officers, agents, and employees shall not be liable to SAAMS for any
damage to the Site and Improvements, or for death or injury of any person or damage to any
property, from any cause; however, this provision shall not affect the liability of any Indemnified
Parties or the City, its officers, agents, and employees on any claim to the extent the claim arises
from the negligence or willful misconduct of that person or entity.
8.2Indemnity. Except as provided in Section 8.4, SAAMS shall indemnify, defend,
and hold harmless the Indemnified Parties and the City, its officers, agents, and employees from
all claims arising from death or injury of any person or damage to any property occurring in or
about the Site and Improvements; however, this provision shall not apply to any claim to the
extent the claim arises from the negligence or willful misconduct of the personbeing
indemnified. SAAMS' obligation to hold the Indemnified Parties and the City, its officers,
agents, and employees harmless shall be limited to the sum that exceeds the amount of insurance
proceeds, if any, received by the person being indemnified.
8.3Site Conditions. Except as provided in Section 8.4, SAAMS agrees to accept the
Site as it is at the commencement of the Term of the Original Agreement. The City shall not be
responsible for the property of any third party that may be on the Site at the commencement of
the Term of the Original Agreement. Except as provided in Section 8.4, the City makes no
covenants, representations, or warranties respecting the condition of the Improvements, or of the
soil or subsoil or any other condition of the Site.
8.4Environmental Matters. SAAMS certifies to the City and agrees as follows:
8.4.1Knowledge of Hazardous Substances. SAAMS has no knowledge,
based upon SAAMS' operations on the site and upon the Phase I Environmental Assessments
attached hereto and incorporated herein as Exhibit "B," of (i) the presence of any Hazardous
Substances on the Site, or (ii) any spills, releases, discharges, or disposal of Hazardous
Substances that have occurred or are presently occurring on or on to the Site except as disclosed
on the environmental assessments and reports attached hereto as Exhibit "B."
8.4.2Prevention of Future Releases. SAAMS will not cause or permit the
Site and Improvements to be used to generate, manufacture, refine, transport, treat, store, handle,
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 24of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
81
dispose, transfer, produce, or process any Hazardous Substances except in compliance with all
applicable Environmental Laws, nor shall SAAMS cause or permit as a result of any intentional
or unintentional act or omission on the part of SAAMS the release of any Hazardous Substances
on the Site.
8.4.3Compliance with Environmental Laws. SAAMS will at all times and in
all respects use its best efforts to comply with all Environmental Laws.
8.4.4Notice. SAAMS agrees to immediately notify the City if SAAMS
becomes aware of (i) any Hazardous Substances or other environmental problem or liability with
respect to the Site, or (ii) any lien, action, or notice resulting from violation of any of the laws,
regulations, ordinances, or orders defined as Environmental Laws. Subject to the provisions of
Section 8.4.7 of this Agreement, at SAAMS' own cost, SAAMS shall take all actions which are
necessary or desirable to clean up any and all Hazardous Substances affecting the Site. .
8.4.5Indemnification. Subject to Subsection 8.4.7, SAAMS shall indemnify,
defend, and hold the City harmless from and against any and all claims, demands, damages,
losses, liens, costs, and expenses (including attorney's fees and disbursements) which accrue to
or are incurred by the City arising directly or indirectly from or out of or in anyway connected
with (i) the inaccuracy of the certifications contained in this Agreement; (ii) any activities on the
Site during SAAMS' past, present or future possession or control of the Site which directly or
indirectly resulted in the Site being contaminated with Hazardous Substances; (iii) the discovery
of Hazardous Substances on the Site whose presence was caused during the possession or control
of the Site by SAAMS; and (iv) the clean-up of Hazardous Substances on the Site.
8.4.6Survival of Representations and Warranties. The representations,
warranties, and covenants of SAAMS set forth in this Agreement, including without limitation
the indemnity provided for in Section 8.4.5 above, are separate and distinct obligations from
SAAMS' obligations otherwise provided for herein and shall continue in effect after the
expiration of this Agreement.
8.4.7Pre-Existing Conditions. Nothing in this Agreement shall cause SAAMS
to have any obligation or liability arising from Hazardous Substances whose presence on the Site
occurred prior to the effective date of the Prior Agreements.
9.Sublease or Assignment. SAAMS shall not sublease or assign all or any part of the Site
or the Improvements or any of its interest under this Agreement, except as provided in this
section. However, SAAMS may permit others to occupy the interior of the Improvements for
purposes consistent with use of the Site and Improvements for a marine research, rehabilitation
and education facility, including without limitation conducting research and operating
concessions to accommodate visitors.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 25of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
82
9.1Subleasing. SAAMS may sublease any part of the Site subject to all of the
following conditions:
9.1.1SAAMS shall provide the City with a copy of the essential terms of each
sublease.
9.1.2All subleases shall be for uses that are accessory and subordinate to the
use of the Site and the Improvements for a marine research, rehabilitation, and education facility.
9.1.3The sublease will not cause the withdrawal by the Internal Revenue
Service of recognition of SAAMS as an organization described in 26 U.S.C. §501(c)(3).
9.2Assignment. Any assignment by SAAMS of any of its interest under this
Agreement shall be subject to approval by the City. Such approval shall not be withheld if the
City, in its sole discretion, determines that the assignment will not subject the City to cost or
liability under the Cooperative Agreement or otherwise.
10.Miscellaneous.
10.1Permitted Encumbrances. During this Agreement, SAAMS shall not, without
the prior written consent of the City, which consent shall not be unreasonably withheld, grant a
security interest in (i) all goods, inventory, equipment, and fixtures used or acquired for use on
the Site and Improvements; (ii) all accounts, related to the Site or Improvements, owned as of the
effective dates of the Prior Agreements or at any time subsequently acquired by SAAMS; (iii) all
general intangibles, related to the Site orImprovements, owned as of the effective date of the
Prior Agreements or at any time subsequently acquired by SAAMS; and (iv) all proceeds of such
goods, inventory, equipment, and fixtures, accounts, and general intangibles.
10.2No Implied Waiver. In the event any agreement, covenant, or condition
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other breach hereunder.
10.3Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties hereto.
10.4Notices. Any and all notices required or permitted under this Agreement, unless
otherwise specified in writing by the party whose address changes, shall be addressed as follows:
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 26of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
83
City:City of Seward
ATTN: City Manager
P. O. Box 167
(City Hall, 5th & Adams)
Seward, Alaska 99664
SAAMS:Seward Association for the
Advancement of Marine Science
ATTN: President and CEO
P. O. Box 1329
(301 Railway Avenue)
Seward, Alaska 99664-1329
WITH COPY TO:Seward Association for the
Advancement of Marine Science
ATTN: Chairman of the Board
P. O. Box 1329
(301 Railway Avenue)
Seward, Alaska 99664-1329
All notices permitted or required to be made under this Agreement shall be in writing and shall
be deemed made at the time mailed to the address provided above by certified mail, delivered by
overnight express service, or hand delivered. Failure of an addressee to receive said notice will
not nullify and/or void a notice as long as such notice was sent pursuant to the terms of this
Agreement.
10.5Parties in Interest. Nothing in this Agreement expressed or implied is intended
or shall be construed to confer upon any person, firm, or corporation, other than the parties
hereto, any right, remedy or claim, legal or equitable, under or by reason of this Agreement, this
Agreement being intended to be and being for the sole and exclusive benefit of the parties hereto.
10.6Time of Essence. Time shall be of the essence of this Agreement.
10.7Headings. The Section headings contained herein are for convenience and
reference and are not intended to define or limit the scope of any provision of this Agreement.
10.8Law Governing Construction of Agreement. This Agreement shall be
governed by and construed in accordance with the laws of the State of Alaska.
10.9Exclusive Forum and Venue. Any actions or judicial proceedings arising out of
this Agreement shall be filed and prosecuted in the Superior Court for the State of Alaska, Third
Judicial District, at Anchorage. The parties hereto affirmatively waive the right to trial by jury.
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 27of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
84
10.10 Severability. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
10.11 Integration and Modification. This document contains the entire agreement of
the parties hereto. All negotiations, statements, or representations, warranties, and assurances,
whether oral or written, which are in any way related to the subject matter of this Agreement,
and the performance of either party hereto, are merged and integratedinto the terms of this
document. This Agreement may not be modified or amended except by a writing signed by both
parties hereto, and any proposed amendment or modification is without effect until reduced to a
writing signed by both parties.
10.12 Additional Documents. The parties agree to execute any additional documents
which may be necessary in order to effectuate the terms of this Agreement.
10.13 Relationship of Parties.The City and SAAMS are distinct and independent
corporate entities. The parties understand and agree that SAAMS was incorporated as a private
nonprofit corporation for the purpose, among others, of developing, constructing and operating a
marine research, rehabilitation and education institution to be called the Alaska SeaLifeCenter.
This institution was to be operated within the facility now defined in this Agreement as the
Improvements, which though owned by the City due to the requirements of the Cooperative
Agreement and EVOS Requirements, was built for the specific purpose of housing the institution
that SAAMS was to operate. Nothing contained herein shall be deemed or construed to make the
parties hereto partners or joint venturers, or to render either party liable for any of the debts or
obligations of the other, except as otherwise described in this Agreement.
10.14 Other Activities.Except as this Agreement expressly provides otherwise,
nothing in this Agreement shall restrict SAAMS in engaging in activities other than the operation
of the Site and Improvements, including without limitation owning, leasing or managing real
property other than the Site and Improvements, and entering into contracts with other parties in
furtherance of its corporate purposes, and nothing in this Agreement confers upon the City any
right or obligation to supervise or approve SAAMS’ engaging in any such other activities, or
subjects SAAMS to any obligation to submit to such supervision or approval. Notwithstanding
the above, SAAMS represents and warrants to the City that SAAMS will not take any action, or
fail to take any action, that will have a material adverse effect on SAAMS’ performance of its
primary corporate purpose and mission as described in Subsection 2.2.10 of this Agreement.
10.15 Use of the Name “Alaska SeaLife Center”.The City and SAAMS recognize
and acknowledge that the name "Alaska SeaLife Center" is both a defined term in the
Cooperative Agreement and a registered service mark of SAAMS under which SAAMS does
business at the Site and Improvements. The City acknowledges and agrees that SAAMS may
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 28of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
85
accept grants or gifts that third parties make to the "Alaska SeaLifeCenter" as if such grants or
gifts were made to "SAAMS." Upon termination of this Agreement, to the extent permitted by
the grantor or donor, SAAMS shall assign to the City all grants and gifts that are intended for the
Site and Improvements.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered as of the date first written above.
SAAMS:SEWARD ASSOCIATION FOR THE
ADVANCEMENT OF MARINE SCIENCE, an
Alaska nonprofit corporation
By:
Its:
CITY:CITY OF SEWARD, ALASKKA
By:
(SEAL)Its:
ATTEST:
_____________________________
City Clerk
SECOND THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,Page 29of 30
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
MARCH 28, 2017
86
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Tract 2A, WATERFRONT TRACTS, according to Plat No. 95-13, Seward
Recording District, Third Judicial District, State of Alaska.
EXHIBIT A
SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
87
EXHIBIT "B"
ENVIRONMENTAL ASSESSMENT REPORTS
EXHIBIT B
SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A,
WATERFRONT TRACTS AND THE LEASE, OPERATION AND
MAINTENANCE OF THE ALASKA SEALIFE CENTER
88
Sponsored by:Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,ENCOURAGING CONGRESS TO CREATE A RELIABLE,
PREDICTABLE STREAM OF RESOURCES TO ADDRESS DEFERRED
MAINTENANCE NEEDS INAMERICA’S NATIONAL PARK SYSTEM
WHEREAS,America’s National Park System is a living testament to our citizens valor, our
nation’s hardships, our victories, and our traditions as Americans, and has been called "America’s
Best Idea”; and
WHEREAS, the National Park System preserves the diversity, culture, and heritage of all
Americans, and serves as a living classroom for future generations; and
WHEREAS, in 2016, the National Park Service is celebrating its centennial and currently
manages more than 400 nationally significant sites and an invaluable collection of more than 75,000
natural and cultural assets that span 84 million acres across all 50 states, the District of Columbia,
and several U.S. territories and insular areas; and
WHEREAS,Alaska is home to 24national park units, including Klondike Gold Rush
National Historical Park, Wrangell-St. Elias National Park and Preserve, Denali National Park and
Preserve, Katmai National Park and Preserve, and Kenai Fjords National Park; and
WHEREAS,Seward is an anchor community to Kenai Fjords National Park, and benefits
greatly from the tourism associated with visitors to the park; and
WHEREAS, the National Park Service’s mission is to “to conserve the scenery and the
natural and historic objects and the wild life therein and to provide for the enjoyment of the same in
such manner and by such means as will leave them unimpaired for the enjoyment of future
generations”; and
WHEREAS,in 2015, the National Park System had more than 307 million visits, with 2.6
million in national parks in Alaska, and almost 300,000 to Kenai Fjords National Park; and
WHEREAS,in 2015, National Park Service estimates indicate that park visitors spent
almost $1.2 billion in local communities adjacent to national parks in Alaska, including over $59
million in the communities neighboring Kenai Fjords National Park; and
WHEREAS,the National Park Service has the obligation to preserve our nation’s history;
promote access to national parks for all citizens; stimulate revenue to sustain itself and nearby
communities; educate the public about America’s natural, cultural and historical resources, and
89
CITY OF SEWARD, ALASKA
RESOLUTION 2017-016
___________________________
provide safe facilities and environs to enjoy these resources; and
WHEREAS,in 2016, the National Park Service estimated a deferred maintenance backlog of
nearly $12 billion, over $117 million in Alaska, and $4.1 million at Kenai Fjords National Park,
which includes repairs to aging historical structures, trails, sewers, thousands of miles of roads,
bridges, tunnels, and other vital infrastructure; and
WHEREAS, it is the responsibility of Congress to maintain America’s national parks to
ensure our natural places and our history is preserved and documented for future generations, and for
the adjacent communities that rely on the direct and indirect economic benefits generated by visits to
national park sites.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1.That the Seward City Council urges Congress to create a reliable, predictable
stream of resources to address deferred maintenance needs in America’s National Park System.
Section 2.This resolution shall take effect immediately upon its adoption.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 28
dayof March, 2017.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
90
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,RETROACTIVELY AMENDING THE 2016BUDGET TO
ACCOUNT FOR ADDITIONAL SALES TAX TO THE HOSPITAL FUND
BASED ON ADDITIONAL COLLECTIONS AND CLOSINGOUT
COMPLETED PROJECTS AT YEAR-END, AND APPROPRIATING
FUNDS
WHEREAS, the 2016 Operating Budget accounted for one-quarter of all sales tax
collectionsby the City of Seward to betransferred to the Hospital Enterprise Fund to pay
healthcarerelated costs including debt servicecosts for the long-term care facility,the hospital
Public Employees Retirement System (PERS) liability,major repair and replacement costs,
capital costs, and operating costs associated with healthcare; and
WHEREAS,the actual sales tax receipts from the Kenai Peninsula Borough during 2016
totaled $4,958,688.88,requiring an additional transfer in excess of the budget, of $95,922.23 to
the Hospital Enterprise Fund, for a total annual transfer from the General Fund tothe Hospital
Enterprise Fund of $1,239,672.23; and
WHEREAS, a number of grant projects have been completed at the end of 2016,
requiring the residual transfer of cash between Funds to close out those grants and projects.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The 2016Operating Budget shall be retroactively amended as follows: 1)
increase sales tax revenue account 01000-0000-4000 by $383,688.92 to a total of $4,958,688.92
based on sales taxreceipts; and 2) appropriate anadditional $95,922.23from the General Fund
Transfers-Out account no. 01000-0000-3710-0000-19100 to the Hospital Enterprise Fund.
Section 2. The 2016 Budget shall be retroactively amended to close out grants and
projects, as follows:
a.Funding in the amount of $412,712 is hereby appropriated from CPV Funds toward US
Army Corps breakwater loan per Resolution 2015-15 from account 11103-0000-3721-
11000; and
b.Funding in the amount of $717,503.99 is hereby appropriated from CPV Funds toward
US Army Corps breakwater loan per Resolution 2015-15 from account 11113-0000-
3721-11000; and
c.Funding in the amount of $53,680 in unspent funds originating from the Harbor for the
Harbor Float replacement project is hereby appropriated and returned to the Harbor from
11370-0000-3721-11000; and
d.Funding in the amount of $23,891.87 in unspent funds originating from the Harbor
MRRF for the Harbor Float replacement project is hereby appropriated and returned to
the Harbor MRRF from 11370-0000-3721-11001; and
91
CITY OF SEWARD, ALASKA
RESOLUTION 2017-017
___________________________
e.Funding in the amount of $53,684.92 in CPV funds representing the State of Alaska’s
additional administrative fee for the close-out of the harbor float replacement project is
hereby appropriated from 11113-0000-3710-11372; and
f.Funding in the amount of $33,155.42 in unspent funds from the completed Northeast
Harbor Fish Cleaning Station is hereby appropriated to the South Harbor launch ramp
project in accordance with the requirements of Resolution 2016-033, from 11390-0000-
3721-11420; and
g.Funding in the amount of $9,888.36 is hereby appropriated from the General Fund to
close out the ALPAR project from account 01000-0000-3710-30113; and
h.Funding in the amount of $13,516.18 in unspent funds originating from the Electric
MRRF for the Electric Generator Project is hereby appropriated and returned to the
Electric MRRF from 15320-0000-3720-15001; and
i.Funding in the amount of $215,237.62 in unspent funds from the North water storage
tank project is hereby appropriated to the Lowell Canyon water storage tank
refurbishment project from 17310-0000-3721-17330; and
j.Funding in the amount of $659.85 in unspent funds from the Fire Simulator project is
hereby appropriated and returned to the General Fund from 81030-0000-3710-01000.
Section 3. This resolution shall be retroactive to December 31, 2016.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 28
day of March, 2017.
THE CITY OF SEWARD, ALASKA
________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Johanna Kinney
City Clerk, CMC
(City Seal)
92
93
94
Sponsored by: Hunt
by Council direction
CITY OF SEWARD, ALASKA
RESOLUTION 2017-018
SOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
A RE
ALASKA,IN SUPPORT OF CHANGES TO TIMING AND SITING OF
U.S. NAVY OPERATION NORTHERN EDGE TRAINING EXERCISES IN
THE GULF OF ALASKA
WHEREAS,the City of Seward has a long history of supporting all branches of the
military, including previous Northern Edge exercises,deeply appreciates the dedication and
service of all officers and enlisted personnel in protecting our nation, and understands that a fully
trained force is necessary to fulfill that mission; and
WHEREAS,Seward has enjoyed the community and economic benefits of a long
relationship with the military, including thousands of off-duty personnel utilizing the Army’s
Morale, Welfare and Recreationfacilitieshere annually, and
WHEREAS,previous similar exercises have taken place during periods of locally low
or absent populations of migratoryfish, marine mammal and bird species that the Seward
economy depends onor have been conducted away from critical areas identified in the previous
and current Environmental Impact Statements, and have been a positive experience for the
community while causing little known negative environmental impact; and
WHEREAS,Northern Edge 2017 is scheduled for May 2017, within an area that
includes different habitat areas of particular concern, and lacks a National Marine Fisheries
Service(NMFS) Record of Decision or Letter of Authorization; and
WHEREAS,commercial, guided sport and personal use fishing, and wildlife viewing
tours are cornerstones of the local economy, and both occur in May, in the Gulf of Alaska, and
within the northwestern area of the Temporary Marine Activities Area; and
WHEREAS,the combination of timing, location,andlack of NMFS findings intended to
address these types of issues raise concerns for the City, particularly regarding possible impacts
to fish and marine mammal populations critical to the local economy; and
WHEREAS,the Navy has demonstrated the ability to fulfill its training and testing
obligations while also extending additional protections to important marine species as evidenced
by its agreement to limit training and testing activities in Southern California andHawaii during
the previous permit period (2011-2016), and has more recentlyproven responsivein the 2017-
2021 period by agreeing to not conduct activities at the Portlock Bank near Kodiak; and
95
CITY OF SEWARD, ALASKA
RESOLUTION 2017-018
____________________________
WHEREAS,marine mammal species protected by the HawaiianandSouthern California
agreements have populations that routinely migrate seasonally to and from Alaska to feed,
mainly from May to September; and
WHEREAS,the Navy has already committed to train at least 12 nm from shore during
activities in the Gulf of Alaska, and relatively minor further adjustments in time and place can
provide major levels of protection for species and habitat during Northern Edge 2017,and for
future exercises during the remaining years of the permit application period.
NOW THEREFOREBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD,ALASKA,that:
Section 1. The City Council of the City of Seward, Alaska hereby requests the Navy to
offersimilar considerationto the communities and marine species inthe Prince William and
Cook Inlet areas ofAlaska as provided to the communities and marine species in Hawaii,
Southern Californiaand the Kodiak area of Alaskaby 1) agreeing to employ operational
limitations (on sonar or explosives within 20 nm of the biologically important areas identified by
the National Marine Fisheries Service, limit vessel speeds in migration paths and feeding areas to
avoid whale strikes) as described in the 2015 agreements, 2) avoiding the northwestern area of
the Temporary Marine Activities Areaand the State Marine Protected Area, National Oceanic
and Atmospheric Administration Fisheries Protected Area, and Gulf of Alaska Seamount
Protected areas therein, and3) agreeing to conduct activities in the fall when overall marine
mammal, fish, and migratory bird abundance is lower, or in subsequent permit years to conduct
activities earlier in the year before migratory species are at seasonal high populations.
Section 2. This resolution shall take effect immediately upon adoption.
th
Passed and Approved by the City Council of the City of Seward, Alaska, this 28 day of
March, 2017.
The City of Seward, Alaska
______________________
Jean Bardarson, Mayor
AYES;
NOES;
ABSENT:
ABSTAIN:
ATTEST:
96
CITY OF SEWARD, ALASKA
RESOLUTION 2017-018
____________________________
_____________________
Johanna Kinney, CMC
City Clerk
97
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE 2017BUDGET TO REFLECTMID-CYCLE
BUDGET ADJUSTMENTS, AND APPROPRIATING FUNDS
WHEREAS, the 2016/2017 Biennial Budget was passed in November 2015, reflecting the
budget period from January 1, 2016 through December 31, 2017; and
WHEREAS,budget adjustments are made at various points duringthe year and this
additional amendment reflects a mid-cycle budget adjustment to reflect budget amendments based on
updated informationsince the passage of the 2017 Budget in 2015, as well as newprojects and
priorities impacting the City in 2017; and
WHEREAS, this resolution adopts specific changes to the General Fund and enterprise
funds, with specific changes reflected on the schedule and narrative attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The General Fund 2017Budget is hereby amended and funds are hereby
appropriated, according to the specific modifications included on the attached schedule,as follows:
1)Revenues are increased by $605,000; 2) Expenditures are increased by $555,967with $33,500
being one-time expenditures; and 3) Transfers-out increase by $15,000.
Section 2. The Harbor Enterprise Fund 2017Budget is hereby amended and funds are hereby
appropriated, according to the specific modifications included on the attached spreadsheet, as
follows: 1) Revenues remain unchanged; and 2) Expensesare decreased by $67,074.
Section 3.The Electric Enterprise Fund 2017Budget is hereby amended and funds are
hereby appropriated, according to the specific modifications included on the attached spreadsheet, as
follows: 1) There are no changes to revenues or transfers; and 2) Expenses are increased by
$163,599, with $207,000 being one-time costs.
Section 4.The Water Enterprise Fund 2017Budget is hereby amended and funds are hereby
appropriated, according to the specific modifications included on the attached spreadsheet, as
follows: 1) There are no changes to revenues or transfers; and 2) Expenses are increased by $4,400.
Section 5. The Wastewater Enterprise Fund 2017 Budget is hereby amended and funds are
hereby appropriated, according to the specific modifications included on the attached spreadsheet, as
follows: 1) There are no changes to revenues or transfers; and 2) Expenses are decreased by $1,596.
98
CITY OF SEWARD, ALASKA
RESOLUTION 2017-019
____________________________
Section 6. TheHospital Enterprise Fund 2017Budget is hereby amended and funds are
hereby appropriated, according to the specific modifications included on the attached spreadsheet, as
follows: 1) There are no changes to revenuesor transfers; and2) Expenses are decreased by
$36,128,due to the payoff of the Seward General Hospital PERS loan to the Electric MRRF in 2016.
Section 7. The Seward Mountain Haven Enterprise Fund 2017Budget is hereby amended
and funds are hereby appropriated, according to the specific modification included on the attached
spreadsheet, as follows: 1) There are no changes to budgeted revenues or transfers; and 2) Expenses
are decreased by $338,707 related to the refunding of 2008 bonds and the defeasance of $3 million of
bond principal in 2016.
Section 8. The City Council hereby approves the parks maintenance technician full-time
year-round position to become a summer seasonal position and the campground coordinator summer
seasonal position to become a full-time year-round position with benefits, in order to provide more
consistent training and supervision of the growing campground operations in the summer, at an
anticipated budget savings of $2,471.
Section 9.The electric department is hereby authorized to hire a replacement operations
supervisor position six months prior to the stated retirement date of the current employee in that
position, in order to facilitate adequate transition planning for a key position with significant
knowledge of the City’s electrical infrastructure and system configuration.
Section 10. The City Council hereby approves a $5 per hour increase in the pay scale for all
patrol officers, investigator, lieutenant and sergeant positions in the police department, in order to
attract and retain qualified police officersand to reduce the impact of staff turnover associated with
external competition from police departments in other Alaskan cities.
Section 11.This resolution shall take effect immediately upon its adoption, and the budget
shall be amended effective January 1, 2017.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 28
day of March, 2017.
THE CITY OF SEWARD ALASKA
______________________________
Jean Bardarson, Mayor
99
CITY OF SEWARD, ALASKA
RESOLUTION 2017-019
___________________________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
100
101
102
103
CITY OF SEWARD
2017 MID-CYCLE BUDGET ADJUSTMENTS
March 28, 2017
Summary of Impacts by Fund:
General Fund - positive impact of$34,033.00
Harbor Fund - positive impact of$67,074.00
Electric Fund - negative impact of$(163,599.00)
Water Fund - negative impact of$(4,400.00)
Sewer Fund - positive impact of$1,596.00
Hospital Fund - positive impact of$36,128.00
$338,707.00
Seward Mountain Haven Fund - positive impact of
PositiveNegative
BudgetBudget
AccountImpactImpact
GENERAL FUND:
Increase sales tax revenue01000-0000-4000a$300,000.00
Increase property tax revenue01000-0000-4010b$230,000.00
Reduce fish tax revenue01000-0000-4206c$(100,000.00)
Increase camping revenue01000-1410-4350d$75,000.00
RV dump costs transfer to Sewer01000-1411-7015e$(15,000.00)
Health insurance cost increase01000-XXXX-6202f$(73,300.00)
Police $5/hr. wage increase; Officers only01000-1210-6000g$(118,283.00)
Road bond debt service principal01000-1900-8300h$(137,504.00)
Road bond debt service interest01000-1900-8012h$(92,895.00)
Campground and Parks staffing change01000-1410-6000i$2,471.00
Increase ASLC credit toward utility bill01000-0000-3710-15000j$(2,956.00)
One-time costs:
Cemetery expansion; current section full01000-1412-7009k$(25,000.00)
City Clerk document shredding01000-1113-7009l$(2,500.00)
Accufund on-site new staff training01000-1140-7009m$(6,000.00)
$607,471.00$(573,438.00)
HARBOR FUND:
Health insurance cost increase11000-XXXX-6202f$(12,000.00)
Harbor bond refunding - principal savings11000-2090-8300n$21,187.00
Harbor bond refunding - interest savings11000-2090-8012n$57,887.00
$79,074.00$(12,000.00)
ELECTRIC FUND:
Health insurance cost increase15000-XXXX-6202f$(4,400.00)
Electric bond refunding - principal increase15000-3090-8300n$(15,000.00)
Electric bond refunding - interest savings15000-3090-8012n$62,801.00
One-time costs:
Replace operators 17-year old truck15000-3000-8103o$(45,000.00)
NorthStar mass meter exchange contractp$(25,000.00)
NorthStar utilization review contractp$(15,000.00)
ITRON meter reading device configure & assistp$(8,000.00)
Position overlap 6-mos due to Operations Superv15000-3001-6XXXq$(54,000.00)
Vegetative clearing of transmission liner$(60,000.00)
$62,801.00$(226,400.00)
WATER FUND:
Health insurance cost increase17000-4500-6202f$(4,400.00)
SEWER FUND:
Health insurance cost increase18000-4500-6202f$(1,200.00)
Sewer loan adjustment - principal savings18000-4590-8300n$2,274.00
Sewer loan adjustment - interest savings18000-4590-8012n$522.00
$2,796.00$(1,200.00)
HOSPITAL FUND:
Hospital loan payoff - principal savings19100-0000-8300n$21,658.00
Hospital loan payoff - interest savings19100-0000-8012n$14,470.00
$36,128.00
SEWARD MOUNTAIN HAVEN FUND:
SMH bond refunding - interest savings19200-0000-8012n$338,707.00
104
MEMORANDUM
Meeting Date:March 28, 2017
From:Johanna Kinney, City Clerk
Agenda Item: Appointment to the City of Seward seat on the Prince William Sound
Regional Citizens’ Advisory Council (PWSRCAC)
BACKGROUND & JUSTIFICATION:
The
City of Seward retains a seat on the Prince William Sound Regional Citizens’Advisory Council
(PWSRCAC). The current seat is held by Orson Smith, who was originally appointed in 2015.
The City Clerk solicited letters of interest from February 16, 2017–March 17, 2017. Orson Smith
and John French submitted letters, which are attached in this packet for your review.
There is no formal appointment process outlined for this seat on the PWSRCAC. The
recommendation for appointment is to use the ballot voting format outlined for Board and
Commission Appointments, as outlined by Seward City Code 2.30.310:
o The mayor and council will have ballots with both names on them.
o Each member will vote for one applicant.
o Please pass the voted ballots to the city clerk andthey will be read aloudand tallied.
o The applicant must receive at least four of the votesto be appointed.SCC
2.30.210/310/410 states the council appoints by ballot votingif there is more than
one applicant for the position.
RECOMMENDATION:
Council conducts a vote to determine which applicant should fill thevacancyon the Prince William
Sound Regional Citizens’ Advisory Council with aterm to expire in May of 2019.
105
February 14, 2017
Sent via email and USPS mail
Jean Bardarson
City of Seward
PO Box 167
Seward, AK 99664
Dear Mayor Bardarson:
The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise
you that Orson SmithÈs term on our Board of Directors expires at the upcoming May 4-5, 2017,
annual meeting in Valdez.
The dedicated seat for the City of Seward is its opportunity to influence decisions having
profound implications for oil transportation safety in Alaska, and for the state's oil spill
prevention and response capabilities. We greatly value your past participation.
City of Seward would best be served by a representative who:
Understands her/his community, its needs, concerns and perspectives;
Has at least a rudimentary familiarity with oil transportation issues;
Has a home and work schedule flexible enough to allow participation and travel;
Is committed to our mission of promoting environmentally safe operation of the
Alyeska terminal and associated tankers; and
Seeks opportunities to foster cooperative and constructive relationships between
citizens, industry and regulatory agencies.
A PWSRCAC director can expect to devote an average of 15 hours a month on PWSRCAC
business. The full Board conducts three 2-day meetings in January, May, and September. In
addition, annual budget and planning meetings are held, as well as special meetings and
opportunities to participate in committees or work groups. PWSRCAC staff provides support
to board members whenever possible.
Please notify us in writing, no later than March 28, 2017, of your selected individual for the
City of SewardÈs next two-year term on the PWSRCAC board. Ideally, this individual will then
be expected to attend our May 4-5, 2017, meeting in Valdez for confirmation and
participation. If Orson Smith will continue to be your representative, we ask that you still
notify PWSRCAC in writing.
If you have further questions about the PWSRCAC or the responsibilities of its directors,
please don't hesitate to call. Thank you for your cooperation, and we look forward to the City
of SewardÈs continued contribution.
Sincerely,
Jennifer Fleming
Executive Assistant
Cc via email: Orson Smith
106
NOTICE TO THE PUBLIC
PWSRCAC VACANCY
NOTICE IS HEREBY GIVEN that the Seward City Council will appoint a
representative for the City of Seward to the Prince William Sound Regional
Citizens’ Advisory Council (PWSRCAC) to serve a two year term.
This representativecan expect to devote an average of ten (10) hours per month
on PWSRCAC business. The full Board conducts three 2-day meetings each year
in January, May and September. In addition, annual budget and planning
meetings are held, as well as special meetings for committees and/or work groups.
The term for this representative will expire on May 4, 2019.
Anycitizens interestedin serving on the PWSRCACmay submit a letter of interest to the City Clerk
no later than Friday, March 17, 2017 by 5:00 p.m. The SewardCity Council will appoint a member
to this organization atthe Tuesday, March 28, 2017 City Council Meeting, which will begin at 7:00
pm in the Seward Council Chambers.
For more information, please contact the City Clerk’s office at 907-224-4046.
______________________________________________________________________________
PUBLISHED: Will be published in the Seward Phoenix Log onFebruary 23, 2017 and March 2 & 9, 2017
POSTED: Thursday, February 16, 2017
City Hall BulletinBoard
U.S. Post Office
Harbormaster’s Office
10
10
10
From:orsonpsmith@gmail.com
To:Brenda Ballou
Subject:RE: PWSRCAC Term Expiring
Date:Thursday, March 16, 2017 9:19:50 AM
Brenda,
I will be honored if the Seward City Council appoints me for a second term as its representative on
the Prince William Sound Regional Citizens Advisory Council (RCAC). The coming 2 years will be
particularly important for the RCAC, since the tug and oil spill response service contract will be
changing to a new company, Edison Chouest Offshore (EDO). EDO is designing and building new tugs
and barges to escort and moor tankers at the Valdez Marine Terminal and for oil spill response.
Federal and State agency policies and procedures regarding oil spill prevention and response are
likely to see a rapid evolution during this same time period.
I will continue to regularly report to the City Council, if appointed, but suggest that I would be more
informative if I schedule time on the Council meeting agenda every 6 months. I can use the 3-minute
non-agenda item time at the beginning of City Council meetings or written correspondence to
inform the City Council of important breaking events. Special arrangements for reporting could be
made in the event of an actual oil spill in the RCAC region.
Thank you for this consideration. I am always able to answer questions about my RCAC volunteer
activity or about oil spill prevention and response, in general.
Orson P. Smith, PE, Ph.D.
PO Box 126, Seward, AK 99664
907-632-0343; orsonpsmith@gmail.com
Sent from Mail for Windows 10
From: Brenda Ballou
Sent: Tuesday, March 7, 2017 7:07 PM
To: orsonpsmith@gmail.com
Subject: PWSRCAC Term Expiring
Hello Dr. Smith,
Thank you for taking my call, and thank you for your interest in continuing to serve as the City of
Seward’s representative on the PWSRCAC.
Please see the attached letter and public notice, and because you’re traveling, please respond to this
email with your interest in continuing on your service. No need to re-submit your CV, just a letter of
interest.
Thanks,
Brenda
110
Brenda J. Ballou, MMC
Deputy City Clerk
Notary Public
City of Seward
PO Box 167
Seward, AK 99664
Phone (907) 224-4046
Fax (907) 224-4038
NOTE: This message was trained as non-spam. If this is wrong, please correct the training as
soon as possible.
Spam
Phish/Fraud
Not spam
Forget previous vote
111
From:Johanna Kinney
To:daltermatt@cityofseward.net;dlsquires@cityofseward.net;Erik Slater;jbardarson@cityofseward.net;
mkeil@cityofseward.net;rcasagranda@cityofseward.net;smcclure@cityofseward.net
Cc:Jim Hunt;Will Earnhart
Subject:Draft Evaluation Procedures Updated
Date:Thursday, February 09, 2017 3:17:27 PM
Attachments:RE evaluation procedures.msg
Evaluations, Third Draft.pdf
Council,
Attached are the draft evaluation procedures and forms, as updated from the 1/31/2017 work
session. I incorporated Council Member Altermatt’s addition of measurable goals, and hope it
makes sense the way I have done this.
I have some additional comments highlighted in yellow. Also, there was an element in the process
that I wanted the attorney to weigh in on, and our discussion is also attached for your
consideration.
PleasePlease reviewreview thisthis information. information. IfIf youyou thinkthink it’sit’s appropriate,appropriate, youyou cancan bringbring thisthis mattermatter upup atat thethe
meetingmeeting Monday,Monday, andand givegive directiondirection ifif youyou thinkthink anotheranother workwork sessionsession isis neededneeded oror ifif thesethese formsforms
andand processprocess areare readyready toto comecome forwardforwardforfor adoption. adoption.
I think this needs a little more work, personally. Some of my concerns are:
1.Definingamorecleartimelineofeventsforsubmissionofselfandcouncilevaluations.
2.Councilnotviewingself-evaluationspriortocompletingtheirindividualevaluations,and
potentially not knowing how the employee felt they may or may not have met the
established measurable goals for the prior year.
3.Ifitisallowable/appropriatetore-distributetheindividualandself-evaluationsatthe
executive session for discussion and those documents still remain confidential (see attached
email between Will and myself). Or if the evaluation is made public by the employee, if all
documents are public or not. Will is saying possibly not, right now your procedures form
indicates they will be. Might be a longer discussion.
4.Ifthescoringofthemeasurablegoalsisconveyedtocouncil’sliking.
I hate to belabor the issue BUT I think it’s important to get this process clarified and everyone under
the same understanding. It was not clear before, and has been problematic because we have
interpreted things differently. I’d like to take the time and make sure we all understand this process
to avoid future issues. I think it’s worth taking the time on and hope you do, too. I encourage Jim
and Will to provide any suggestions as well.
Reminder I am out of the office tomorrow.
Johanna Kinney, CMC
City Clerk, City of Seward
Post Office Box 167
Seward, Alaska 99664
112
p: 907.224.4045
e: clerk@cityofseward.net
f: 907.224.4038
w: www.cityofseward.us
113
From:Will Earnhart
To:Johanna Kinney
Subject:RE: evaluation procedures
Date:Thursday, March 23, 2017 10:09:30 AM
Yes. But I would add that the process of tabulation and destruction of individual evaluations is not
unique. It is done in a number of communities across the nation, but I have not found any evidence
of this process being tested in the courts.
William A. Earnhart
Birch Horton Bittner & Cherot
1127 West 7th Ave | Anchorage AK 99501
Tel 907.263.7285 |Main907.276.1550
wearnhart@bhb.com|www.birchhorton.com
Bio|vCard
BHBC ISMOVING! ON APRIL 1ST, OUR NEW ADDRESS WILL BE
510 L STREET · SUITE 700 · ANCHORAGE · ALASKA · 99501
This transmittal may be a confidential attorney-client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you have received this transmittal in error. Any review,
dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this
communication in error, please notify us immediately by reply or by telephone (907) 276-1550 and
immediately delete this message and all attachments.
From: Johanna Kinney \[mailto:jkinney@cityofseward.net\]
Sent: Thursday, March 23, 2017 10:04 AM
To: Will Earnhart
Subject: FW: evaluation procedures
Will, I have an agenda item on 3/28 for council to schedule another work session to finalize the
evaluation procedures. I was going to put the current draft in the packet. Do you have any
objection to me putting this below email in as well? I’m including an email I have written to the
council that references this below email, so just wanted to include it all, but wanted to make sure
that was acceptable to you first.
Let me know,
Johanna Kinney
From: Will Earnhart \[mailto:wearnhart@BHB.com\]
Sent: Thursday, February 09, 2017 12:15 PM
To: Johanna Kinney
Subject: RE: evaluation procedures
Good questions.
114
As to reaching out, executive employees should be aware of their rights. I would not worry about it.
If council were to go into executive session in regard to a particular lower level employee, (I can’t
think offhand of how that would happen,) then notice of theright should be given.
As to the individual evaluations, we are in a grey area. I would treat them as personal notes
therefore not public record. It is the tabulation that is shared and considered. AnyAny attachmentsattachments
fromfrom anotheranother source,source, (letter(letter fromfrom publicpublic oror employeeemployee regardingregarding thethe officer)officer) ifif discusseddiscussed oror shared,shared,
wouldwould bebe aa publicpublic record,record, unlessunless otherwiseotherwise protected. protected. TheThe ideaidea ofof executiveexecutive sessionsession isis toto allowallow forfor
thethe freefree exchangeexchange ofof ideasideas onon sensitivesensitive issues. issues. CouncilCouncil membersmembers maymay readread theirtheir ownown wordswords andand itit isis
notnot partpart ofof thethe “record”“record” unlessunless sharedshared inin writtenwritten form. form.
Even if used in a public hearing, the personal notes (individual evaluations) can be used and not be
public record. What is spoken would be the record. Again this is a grey area. But the idea is the
tabulation is the information to the employee (officer) and the public of the basis for the evaluation.
Providing the tabulation to the Council as a whole for discussion assures the accuracyof the
tabulation. The return and destruction of the individual evaluations assures the anonymity of
Council members, if wanted. (A council member can always take credit for their own comments and
observations in the executive or public session.)
This process could be tested in the courts. I believe it will hold up and I don’t have another
suggestion to preserve council member anonymity.
From: Johanna Kinney \[mailto:jkinney@cityofseward.net\]
Sent: Thursday, February 09, 2017 11:09 AM
To: Will Earnhart
Subject: RE: evaluation procedures
Hi Will,
I am getting ready to send to council the third draft with the recent changes implemented. The idea
is for them to review this over the weekend and they can tell me Monday if this procedure is ready
to come forward for adoption, or if another work session is needed. So I will send your emailwith
those documents, too.
I’mreading through this and understand it mostly, but need a little more clarification – at this point,
council has stated they intend to complete individual evaluations, submit them to the members
appointed to tally, and then during the executive session, each individualmember gets their
evaluation back to run through it with the employee. I’m trying to figure out if, based on what you
said, that will work.
Also, I’m concerned that concept will NOT work if the employee decides to make their evaluation
public and those individual forms are disseminated back to the council member. If those forms are
utilized in a public evaluation – wouldn’t those forms be considered a public record?
115
Prior to these three evaluations, should I be reaching out to the employee, informing them that they
have the right to make this evaluation public? I haven’t been doing that, but wonderif that should
be a matter of practice moving forward…..thoughts?
Johanna Kinney
From: Will Earnhart \[mailto:wearnhart@BHB.com\]
Sent: Monday, February 06, 2017 9:58 AM
To: Johanna Kinney
Subject: RE: evaluation procedures
Jo,pleasesharewithCouncil. Destroyingthenotesandindividualpreparationmaterialscanbedone
by a Council member, there is no requirement that it be done bythe Clerk. Is I understand the
intent, evaluations by individual Council members will be tabulated and then destroyed; in theory,
the individual evaluations never become public records. To the extent there is a “public interest” in
preserving them, we have preserved their contents in a tabulation. Under the Public Records Act,
these evaluations are not public records. However the courts have stated that materials used in
executive appointments can be public, and have provided a balancing test between the privacy
rights of the individual and the public right to know. In this case, although it has not been tested in
court, I believe the public’s rights are protected by the tabulation without interfering with the frank
exchange of opinions, among other reasons to destroy the individual evaluations. The Public
Records Act does not provide a “black line” as to when records may be destroyed. Generally
speaking a records retention policy must be followed, (in this case the policy is to destroy the
records immediately after tabulation,). II wouldwould alsoalso add,add, thatthat notnot sharingsharing thethe individualindividual evaluationsevaluations
withwith thethe wholewhole CouncilCouncil isis important.important. TheThe ideaidea ofof anan executiveexecutive sessionsession isis thethe freefree discussiondiscussion ofof ideas;ideas;
thusthus thethe spokenspoken wordword isis alwaysalways protected,protected, butbut materialsmaterials reliedrelied uponupon areare notnot protectedprotected unlessunless subjectsubject
toto anotheranother exception. exception. InIn thisthis casecase thethe CouncilCouncil “as“as aa body”body” willwill onlyonly seesee thethe tabulation.tabulation. CouncilCouncil
membersmembers relyingrelying onon theirtheir ownown notesnotes dodo notnot makemake thosethose notesnotes somethingsomething consideredconsidered byby thethe body.body.
The Alaska Open meetings Act requires a public discussion if requested by the employee: “subjects
that tend to prejudice the reputation and character of any person, provided the person may request
apublicdiscussion;”AlaskaStat.Ann.§44.62.310(c)(2)(emphasisadded);seealsoUniv.ofAlaskav.
Geistauts,666P.2d424,429(Alaska1983). TheindividualCouncilmemberevaluationsarenotpart
of the “public discussion” and thus should not be shown to the evaluatee or anyone else but the
tabulators. The tabulations would be public if requested by the evaluatee.
William A. Earnhart
Birch Horton Bittner & Cherot
1127 West 7th Ave | Anchorage AK 99501
116
Tel 907.263.7285 |Main907.276.1550
wearnhart@bhb.com|www.birchhorton.com
Bio|vCard
This transmittal may be a confidential attorney-client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you have received this transmittal in error. Any review,
dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this
communication in error, please notify us immediately by reply or by telephone (907) 276-1550 and immediately
delete this message and all attachments.
From: Johanna Kinney \[mailto:jkinney@cityofseward.net\]
Sent: Thursday, February 02, 2017 3:57 PM
To: Will Earnhart
Subject: RE: evaluation procedures
Here's the cleaner copy, if that helps.
Johanna Kinney
-----Original Message-----
From: Will Earnhart \[mailto:wearnhart@BHB.com\]
Sent: Thursday, February 02, 2017 3:51 PM
To: Johanna Kinney
Subject: Re: evaluation procedures
Council destroying is not a problem as long as there is a process. This is fine. I need to think
on the other part. Code allows for an open meeting at employee request. There may be more to
it.
Sent from my iPhone
On Feb 2, 2017, at 2:48 PM, Johanna Kinney
<jkinney@cityofseward.net<mailto:jkinney@cityofseward.net>> wrote:
Hi Will,
Council met Tuesday and gave the evaluation procedures and forms more review. There was
one change that I wanted to ask your legal opinion on. In the attached draft procedures
document, they wanted to make changes to section three, which I’ve pasted below.
3. ACCESS TO EVALUATION DOCUMENTS
Information concerning the performance of an individual being evaluated under these
procedures is not a public record except as described in section 5 (b) (6) and is not subject to
117
disclosure under AS 40.25.However, the individual who is the subject of the evaluation is
entitled to a copy of the information and may waive the confidentiality provisions of this
section concerning the information.
5(b)
<image001.png>
So I just want to make sure that’s an appropriate change– or are we violating anyone’s rights
bynot allowing them to keep a copy of the private, to-be-destroyed evaluation forms?
Also, any concern with council members destroying documents? Or should that be the role of
the records manager, or does it matter? Entire procedures document attached, with track
changes shown.
Thanks,
Johanna Kinney, CMC
City Clerk, City of Seward
Post Office Box 167
Seward, Alaska 99664
p: 907.224.4045
e: clerk@cityofseward.net<mailto:clerk@cityofseward.net>
f: 907.224.4038
w:www.cityofseward.us<http://www.cityofseward.us>
________________________________
--
BEGIN-ANTISPAM-VOTING-LINKS
------------------------------------------------------
NOTE: This message was trained as non-spam. If this is wrong, please correct the training as
soon as possible.
Teach CanIt if this mail (ID 01SE0TBth) isspam:
Spam: http://canit.cityofseward.net:8080/canit/b.php?i=01SE0TBth&m=7bc40033fa9a&c=s
Fraud/Phish: http://canit.cityofseward.net:8080/canit/b.php?
i=01SE0TBth&m=7bc40033fa9a&c=p
Notspam: http://canit.cityofseward.net:8080/canit/b.php?
i=01SE0TBth&m=7bc40033fa9a&c=n
Forget vote: http://canit.cityofseward.net:8080/canit/b.php?
i=01SE0TBth&m=7bc40033fa9a&c=f
------------------------------------------------------
END-ANTISPAM-VOTING-LINKS
118
CITY OF SEWARD
EVALUATION
PROCEDURES FOR CITY
ATTORNEY, CITY CLERK,
AND CITY MANAGER
1.STATEMENT OF CITY COUNCIL'SRESPONSIBILITIES
Evaluating the performance of the City Manager, the City Clerk, and the City Attorney
isa significantresponsibility of the City Council. Conducting an effective evaluation
is hard work, but it does not have to be a bad experience. With a clear procedure
and open lines of communications, chancesare good that the experience will result in a
more productive workingrelationship.
2.PURPOSES OFEVALUATION
The purpose of providing periodical evaluations of the City Manager, the City Clerk, and
the City Attorney are:
a.To give the employee timely feedbackon his/her performance and to identify areas in
which he/she are doing well along with areas in which improvement may be needed.
Evaluation should lead to positive action.
b.To clarify and strengthen communication between the employee and the Council as it
relates to their respective expectations for theirpositions.
c.To serve as a method for gathering data relevant to subsequent personneldecisions.
3.ACCESS TO EVALUATIONDOCUMENTS
Information concerning the performance of an individual being evaluated under these
procedures is not a public record except as described in section 5 (b) (6) and is not
subject to disclosure under AS 40.25.
4.FREQUENCY AND TIMING OFEVALUATIONS
Evaluation is an ongoing process. To be most beneficial it is suggested that evaluation
sessions be held periodically.
Nothing in these evaluation procedures precludes the Council from exercising its
authority to appoint or terminate the services of the City Manager, the City Attorney,or
the City Clerk; or to exercise its authority as set forth in any employment contract with
said employees.
5.OVERVIEW OF STEPS INVOLVED IN EVALUATIONPROCESS
a.Special Performance Evaluation Session. This meeting may be scheduled at the will
of the Council to provide feedback and address any areas needing improvement.
b.Annual Evaluation Session. This meeting should be scheduled in January, February
and March of each year or as directed by Council. It also marks the beginning of the
next evaluationcycle.
1.Prior to the annual evaluation session, the employee will be invited to complete a
self-evaluation using his/herrespectiveEvaluationFormas a guide. He/shemay
writecommentsratherthan use the rating system if he/she so chooses. These
self-evaluation reports should be made available to council members prior to the
Comment \[JK1\]: Does council want to establish
actual Annual Evaluation Session.
a more specific timeline? JK
2.Individual council members should complete the evaluation form for the
1
119
Comment \[JK2\]: Recommend reconsidering the
employee prior to receiving the self-evaluation form and prior to the meeting for
order of events here. Not sure if employee is going
the Annual EvaluationSession.
to be able to appropriately convey to council if they
have met their goals or not if council does not see the
3.The time scheduled for the Evaluation Session should be sufficient to do the
self-evaluation form first…..JK
job ina professional manner. The employee meets with the Council in an
Comment \[JK3\]: Does council want to establish
executive session.If he/she is excluded from theexecutivesession orany portion
a more specific timeline? JK
thereof, he/she may exercise his/herright toask for apublic meeting,in
accordancewith appropriatestatutes, at which point any evaluation documents
become a public record.
"Round Robin" comments by Council members are permitted.
The tabulation of the council members' scoring and comments will be
assigned to two appointedcouncil members.
4.After completing the Evaluation Report Forms, copies of the tabulations should
be made available for Council members. A meeting should take place with the
employee. The appointed council members who compiled the Evaluation Report
will represent the Council. At this meeting they will go through the "sign off"
procedure.
5.The final step will be the personnel decisions, assessment of evaluation process
and the next evaluation cycle begins.
6.Status of Evaluation Forms. Individual Council evaluation forms and self-
evaluation forms are to be destroyed after executive sessionby those council
members appointed to tabulate scores and comments. These forms are not
considered a public record. Overall tabulation forms and criteria forms are
considered a public record.
2
120
City of Seward
City Attorney Evaluation
Criteria
There are many components to the City Attorneyjob. For the City of Seward, these primary
areas of responsibility include:
1.Acts as Chief legal consultant
a.Advises City Council, City Manager and City Clerk on all matters of law.
b.Drafts and assists in the drafting of ordinances, resolutions, contracts and agreements
to be made or entered into by the Cityas needed or required. Approves the form of
ordinances.
c.Represents the City in all action of law, unless otherwise deemed necessary.
d.Attends meetings as required.
e.Keeps the City advised of developments in municipal law and actions in other
communities and jurisdictions that may have an impact on the City’s activities.
2.Maintains good relationship with City Council
a.Responsive to direct requests from Council in a timely manner.
b.Well prepared and knowledgeable about Council agenda items for which an attorney
review was requested.
c.Ensures legal advice is clearly understood.
3.Works well with Administration, staff and Council
a.Adept at cost control.
b.Provides solutions and/or alternatives to legal problems and issues.
c.Provides training on various matters, such as open meetings act, contracts, ordinance
and resolution forms, etc.
d.Consistent with maintaining the attorney-client privilege.
Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1 {Clerk’s Note – optional}
·Goal 2
·Goal 3
*Public Record to be maintained with Overall Evaluation Worksheet
Last Revised:per Res/Ord/CCRoP/Code
121
City of Seward
City Attorney
SELF Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Acts as Chief legal consultant
a.Advises City Council, City Manager and City Clerk on all matters of law.
…………………………………………………………………………...5 4 3 2 1 N/R
b.Drafts and assists in the drafting of ordinances, resolutions, contracts and agreements
to be made or entered into by the Cityas needed or required. Approves the form of
ordinances . …………… ………………………...5 4 3 2 1 N/R
c.Represents the City in all action of law, unless otherwise deemed necessary.
…… ………………………………………………………………………………........5 4 3 2 1 N/R
d.Attends meetings as required. ………………………………………….5 4 3 2 1 N/R
e.Keeps the City advised of developments in municipal law and actions in other
communities and jurisdictions that may have an impact on the City’s activities.
……………………………………… ………………………………………….5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
122
City of Seward
2.Maintains good relationship with City Council
a.Responsive to direct requests from Council in a timely manner. …........5 4 3 2 1 N/R
b.Well prepared and knowledgeable about Council agenda items for which an attorney
review was requested. …………………………………………………..5 4 3 2 1 N/R
c.Ensures legal advice is clearly understood. ………………………….....5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3.Works well with Administration, staff and Council
a.Adept at cost control. …………………………………………………...5 4 3 21N/R
b.Provides solutions and/or alternatives to legal problems and issues.........5 4 3 2 1 N/R
c.Provides training on various matters, such as open meetings act, contracts, ordinance
and resolution forms, etc. ………………………………………………..5 4 3 2 1 N/R
d.Consistent with maintaining the attorney-client privilege. ………….......5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
123
City of Seward
Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 2
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Clerk’s Note:
1.Does council want a place for the employee
to list potential upcoming goals?
2.If council does not want to see the employee
self-evaluation prior to completing their
evaluation, employee has no way to convey
to the council how they felt they met these
goals……or to explain any circumstances as
to why they weren’t met…….
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
124
City of Seward
City Attorney
COUNCIL Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Acts as Chief legal consultant
a.Advises City Council, City Manager and City Clerk on all matters of law.
…………………………………………………………………………...5 4 3 2 1 N/R
b.Drafts and assists in the drafting of ordinances,resolutions, contracts and agreements
to be made or entered into by the Cityas needed or required. Approves the form of
ordinances . …………… ………………………...5 4 3 2 1 N/R
c.Represents the City in all action of law, unless otherwise deemed necessary.
…… ………………………………………………………………………………........5 4 3 2 1 N/R
d.Attends meetings as required. ………………………………………….5 4 3 2 1 N/R
e.Keeps the City advised of developments in municipal law and actions in other
communitiesand jurisdictions that may have an impact on the City’s activities.
……………………………………… ………………………………………….5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION 1 AVERAGE:TOTAL SCORES DIVIDED BY 5 =
*Do not count N/R scores in averages.
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
125
City of Seward
City Attorney
COUNCIL Evaluation
2.Maintains good relationship with City Council
a.Responsive to direct requests from Council in a timely manner. …........5 4 3 2 1 N/R
b.Well prepared and knowledgeable about Council agenda items for which an attorney
review was requested. …………………………………………………..5 4 3 2 1 N/R
c.Ensures legal advice is clearly understood. …………………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION 2 AVERAGE:TOTAL SCORES DIVIDED BY 3 =
*Do not count N/R scores in averages.
3.Works well with Administration, staff and Council
a.Adept at cost control. …………………………………………………...5 4 3 2 1 N/R
b.Provides solutions and/or alternatives to legal problems and issues.........5 4 3 2 1 N/R
c.Provides training on various matters, such as open meetings act, contracts, ordinance
and resolution forms, etc. ………………………………………………..5 4 3 2 1 N/R
d.Consistent with maintaining the attorney-client privilege. ………….......5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION 3 AVERAGE:TOTAL SCORES DIVIDED BY 4 =
*Do not count N/R scores in averages.
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
126
City of Seward
City Attorney
COUNCIL Evaluation
4.Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1
Clerk’s Note:
·Goal 2
1.How will council score if goals were met if
they don’t get any documentation on it
·Goal 3
prior?
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 2
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
*SECTION4AVERAGE:TOTAL SCORES DIVIDED BY (TBD) =
*Do not count N/R scores in averages.
OVERALL GRADE
COMBINE ALL AVERAGED SCORES ABOVE AND DIVIDE BY 4=_____
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
127
City of Seward
City Attorney
COUNCIL Evaluation
GeneralComments:
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
128
City of Seward
City AttorneyEvaluation
Overall Tabulation
Council Evaluation Grade:
Clerk’s Note:
1.Currently the draft factors the goal score
into the council evaluation, so these two
AccomplishmentsGrade:
elements are stricken. What is the
preference of the council?
Overall Evaluation Grade (average of the scores above):
Comments:
*Public Record to be maintained with Appendix A-1:Criteria
129
Goals established for the upcoming year for the City Attorney:
·Goal 1
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 2
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 3
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Jean Bardarson, Mayor Will Earnhart, City Attorney
DateDate
*Public Record to be maintained with Appendix A-1:Criteria
130
City of Seward
City Clerk Evaluation
Criteria
There are many components to the city clerk job. For the City of Seward, these primary areas of
responsibility include:
1.Oversee the day-to-day operationof the clerk’s office
a.Keep and maintain appropriate files and records of the City.
b.Keeps informed of matters which may require Council action.
c.Keep all ordinances, resolutions, agreements and contracts {where appropriate} of the
City and authenticates such records as necessary.
d.Manages requests for public information.
e.Ensure staff members are properly trained in procedures of the office.
f.Shall attest the signature of the City Manager on all contracts, except as otherwise
provided by code, as approved by Council.
g.Prepares travel documents and arrangements for Council members traveling on City
business.
2.Maintains a good working relationship with the City Council
a.Shall be the clerk of the Council. Shall attend all meetings of the Council(or a
representative) and shall keep a record of its proceedings.
b.Encourages a rapport that facilitates trust and coordination with Council.
c.Disseminates complete accurate informationthat involves council actionequally to
all members in a timely manner.
d.Coordinates information, concerns, complaints from the public to Council members.
e.Provides equipment and training, if necessary, to Council members.
f.Acts as the Public Information Officer during severe emergency operations and is the
focal point for Council during emergency events.
g.Acts as the parliamentary advisor to the Council during Council meetings.
h.Coordinates and administers city elections, absentee voting, worker training and
canvass boards effectively.
i.Administers all oaths of office and attests to the signature of the Mayor.
j.Coordinates the public broadcast of Council meetings and maintains the audio record
of those meetings.
3.Oversees annual and special project budgets
a.Develops an annual budget for Council review that identifies operational needs.
b.Prepares a special project plan, implementation and budget for Council approval.
c.Maintains Council's annual budget.
d.Advises Council of needs for council chambers to provide adequate area for public
meetings.
*Public Record to be maintained with Overall Evaluation Worksheet
131
City of Seward
City Clerk Evaluation
Criteria
4.Maintain a positive relationship with the public
a.Is the primary point of contact for public information requests and responsible for the
timely return of the requests.
b.Provides information on public meetings and events.
c.Is courteous and receptive to public concerns, complaints and documents them for the
affected department and Council review.
Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1 {Clerk’s Note – optional}
·Goal 2
·Goal 3
*Public Record to be maintained with Overall Evaluation Worksheet
132
City of Seward
City Clerk
SELF Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Oversee the day-to-day operationof the clerk’s office
a.Keep and maintain appropriate files and records of the City. ………5 4 3 2 1 N/R
b.Keeps informed of matters which may require Council action. ..…..5 4 3 2 1 N/R
c.Keep all ordinances, resolutions, agreements and contracts {where appropriate} of the
City and authenticate such records as necessary……….……………5 4 3 2 1 N/R
d.Manages requests for public information. … ………………………5 4 3 2 1 N/R
e.Ensure staff members are properly trained in procedures of the office.
…………………………………………………………………….....5 4 3 2 1N/R
f.Shall attest the signature of the City Manager on all contracts, except as otherwise
provided by code, as approved by Council. …………………..…….5 4 3 2 1 N/R
g.Prepares travel documents and arrangements for Council members traveling on City
business. ………………………………………………….………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2.Maintains a good working relationship with the City Council
a.Shall be the clerk of the Council. Shall attend all meetings of the Council (or a
representative) and shall keep a record of its proceedings.………….5 4 3 2 1 N/R
b.Encourages a rapport that facilitates trust and coordination with Council.
……………………………………………………………………….5 4 3 2 1N/R
N/R = not rated
Last Revised:
133
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
c.Disseminates complete accurate information that involves council action equally to
all members in a timely manner.
……………………………………………………………………….5 4 3 2 1N/R
d.Coordinates information, concerns, complaints from the public to Council members.
……………………………………… ………………………..……..5 4 3 2 1N/R
e.Provides equipment and training, if necessary, to Council members.5 4 3 2 1 N/R
f.Acts as the Public Information Officer during severe emergency operations and is the
focal point for Council during emergency events.…………………..5 4 3 2 1 N/R
g.Acts as the parliamentary advisor to the Council during Council
meetings……………………………………………………………..5 4 3 2 1 N/R
h.Coordinates and administers city elections, absentee voting, worker training and
canvass boards effectively. …….. ……………………………..…..5 4 3 2 1 N/R
i.Coordinates the public broadcast of Council meetings and maintains the audio record
of those meetings. …………………….…………………………….5 4 3 2 1N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3.Oversees annual and special project budgets
a.Develops an annual budget for Council review that identifies operational needs.
…… …………………………………………………..……………..5 4 3 2 1N/R
b.Prepares a special project plan, implementation and budget for Council approval.
…. …………………………………………………..……………….5 4 3 2 1N/R
c.Maintains Council's annual budget. ……………..…………………5 4 3 2 1 N/R
d.Advises Council of needs for council chambers to provide adequate area for public
meetings. …………………………………….……………………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4.Maintain a positive relationship with the public
a.Is the primary point of contact for public information requests and responsible for the
timely return of the requests. ……………………………………….5 4 3 2 1 N/R
N/R = not rated
Last Revised: 134
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
b.Provides information on public meetings and events. ……………...5 4 3 2 1 N/R
omments:
C
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Goals set for the City Clerk: (established from the previous evaluation)
oal 1
·G
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 2
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal 54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Clerk’s Note:
1.Does council want a place for the employee to list potential upcoming goals?
2.If council does not want to see the employee self-evaluation prior to completing their evaluation, employee
has no way to convey to the council how they felt they met these goals……or to explain any circumstances
as to why they weren’t met…….
N/R = not rated
Last Revised:
135
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
City Clerk
COUNCIL Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Oversee the day-to-day operationof the clerk’s office
a.Keep and maintain appropriate files and records of the City. ….…...5 4 3 2 1 N/R
b.Keeps informed of matters which may require Council action. ..…..5 4 3 2 1 N/R
c.Keep all ordinances, resolutions, agreements and contracts {where appropriate} of the
City and authenticate such records as necessary……. ………...……5 4 3 2 1 N/R
d.Manages requests for public information. .…………………………5 4 3 2 1 N/R
e.Ensure staff members are properly trained in procedures of the office.5 4 3 2 1 N/R
f.Shall attest the signature of the City Manager on all contracts, except as otherwise
provided by code, as approved by Council. ……..………………….5 4 3 2 1 N/R
g.Prepares travel documents and arrangements for Council members traveling on City
business. ………………………………………….………………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION 1 AVERAGE:TOTAL SCORES DIVIDED BY 7 =
*Do not count N/R scores in averages.
2.Maintains a good working relationship with the City Council
a.Shall be the clerk of the Council. Shall attend all meetings of the Council (or a
representative) and shall keep a record of its proceedings. ...……….5 4 3 2 1 N/R
N/R = not rated
136
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
City Clerk
COUNCIL Evaluation
b.Encourages a rapport that facilitates trust and coordination with Council.
……………………………………………………………………….5 4 3 2 1N/R
c.Disseminates complete accurate information that involves council action equally to
all members in a timely manner. ……..…………………………….5 4 3 2 1 N/R
d.Coordinates information, concerns, complaints from the public to Council members.
………………………………………...……………………………..5 4 3 2 1N/R
e.Provides equipment and training, if necessary, to Council members.
……………………………………………………………………….5 4 3 2 1N/R
f.Acts as the Public Information Officer during severe emergency operations and is the
focal point for Council during emergency events. ...………………..5 4 3 2 1N/R
g.Acts as the parliamentary advisor to the Council during Council
meetings……………………………………………………………..5 4 3 2 1 N/R
h.Coordinates and administers city elections, absentee voting, worker training and
canvass boards effectively. …….. …………………………..……..5 4 3 2 1 N/R
i.Administers all oaths of office and attests to the signature of the
Mayor…..……………………………………………………………5 4 3 2 1 N/R
j.Coordinates the public broadcast of Council meetings and maintains the audio record
of those meetings. ………………………………………………….5 4 3 2 1N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION 2 AVERAGE:TOTAL SCORES DIVIDED BY 10 =
*Do not count N/R scores in averages.
3.Oversees annual and special project budgets
a.Develops an annual budget for Council review that identifies operational needs.
…… …………………………………………..……………………..5 4 3 2 1N/R
b.Prepares a special project plan, implementation and budget for Council approval.
…. …………………………………………..……………………….5 4 3 2 1N/R
c.Maintains Council's annual budget. ………..………………………5 4 3 2 1 N/R
N/R = not rated
Last Revised:
137
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
City Clerk
COUNCIL Evaluation
d.Advises Council of needs for council chambers to provide adequate area for public
meetings. ………………………………….………………………..5 4 3 2 1 N/R
C
omments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION3AVERAGE:TOTAL SCORES DIVIDED BY 4 =
*Do not count N/R scores in averages.
4.Maintain a positive relationship with the public
a.Is the primary point of contact for public information requests and responsible for the
timely return of the requests. ……………………………………….5 4 3 2 1 N/R
b.Provides information on public meetings and events. ……………...5 4 3 2 1 N/R
c.Is courteous and receptive to public concerns, complaints and documents them for the
affected department and Council review…………………………….5 4 3 2 1 N/R
Comments:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
________________
*SECTION 4 AVERAGE:TOTAL SCORES DIVIDED BY *3 =
*Do not count N/R scores in averages.
5.Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1
Clerk’s Note:
·Goal 2
1.How will council score if goals were met if
they don’t get any documentation on it
·Goal 3
prior?
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
N/R = not rated
138
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
City Clerk
COUNCIL Evaluation
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
G
oal 2
Identity a measurable component of the goal 54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
*SECTION5AVERAGE:TOTAL SCORES DIVIDED BY (TBD) =
*Do not count N/R scores in averages.
OVERALL GRADE
COMBINE ALL AVERAGED SCORES ABOVE AND DIVIDE BY 5=____
GeneralComments:
139
N/R = not rated
Last Revised:
To be destroyed after __________ per Res/Ord/CCRoP/Code
City of Seward
City ClerkEvaluation
Overall Tabulation
Clerk’s Note:
Council Evaluation Grade:
1.Currently the draft factors the goal score
into the council evaluation, so these two
elements are stricken. What is the
AccomplishmentsGrade:
preference of the council?
Overall Evaluation Grade (average of the scores above):
Comments:
*Public Record to be maintained with Employee’s Criteria Form
140
Goals established for the upcoming year for the City Clerk:
·Goal 1
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 2
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 3
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Jean Bardarson, MayorJohanna Kinney, City Clerk
DateDate
*Public Record to be maintained with Employee’s Criteria Form
141
City of Seward
City Manager Evaluation
Criteria
There are many components to the city manager job. For the City of Seward, these primary
areas of responsibility include:
1.Oversee the day-to-day operations of all municipal services
a.Manage workforce and mediate personnel issues.
b.Responsible for the management of all finances, budgets and investments of the city.
c.Negotiate and/or review contracts and leases.
d.Ensure daily operation of the city departments are within the goals set by the Council
and the community.
e.Ensures the enforcement of city codes and ordinances.
f.Functions as the Incident Commander for major emergencies as detailed in the City's
Emergency Operations Plan.
g.Verbalandwritten communications are thoughtful, clearand to the point.
2.Oversee projects
a.Facilitate project development, coordination and prioritization.
b.Oversee all project implementation plans and budgets.
c.Monitors and reports projects’ status and budget to Council in a timely manner.
d.With the Finance Director,facilitates issuance of municipal bonds as required.
e.Ensures contracts for projects are adhered to.
3.Maintain a good working relationship with the City Council
a.Encourages rapport that facilitates trust and cooperation.
b.Carries out directives of the body.
c.Disseminates complete and accurate information equally to all members in a timely
manner.
d.Responds cooperatively to requests and advice.
e.Supports the actions of the elected body, both inside and outside of the organization,
after a decision has been reached.
f.Works with Council to facilitate their thoughts and ideas into cohesive policy
development
4.Represent the city on all technical matters with external agencies
a.Actas lobbyist or coordinate with the City's lobbyist with state and federal
legislators.
b.Actas a point of contact with state and federal agencies.
c.Representthe city with other municipalities and municipal groups.
d.Whenrequested, coordinate public meetings with outside agencies or groups that
may have an impact on the community.
e.Skillfullyand favorably representstheCityto the press,radioandtelevision.
5.Maintain a positive relationship with the public
a.Be available for public comments, issues or complaints.
b.Coordinate resolution of public issues or concerns.
c.Makes an appropriate effort to maintain citizen satisfaction with services.
d.Is responsive to citizen requests for information in a timely manner.
*Public Record to be maintained with Overall Evaluation Worksheet
Last Revised:per Res/Ord/CCRoP/Code
142
City of Seward
City Manager Evaluation
Criteria
e.Represents Council’s positions/policies accurately and effectively to the public.
f.Acts as anactiveliaisonwith the business community toassistinmaintaining current
businesses and strives to attract new businesses to the City.
6.Fiscal
a.Manages the financialresources of the Cityto ensure the Citymaintains a sound
financial condition.
b.Has a sound approach to the budget preparation andreviewprocesses which aids
Council in developing a realistic budget that is submitted on time.
c.Effectiveincontrollingcosts through the economic utilization of manpower,
materials,and equipment.
d.Provides sufficient information on the current financial status of the City.
e.Communicatesconcernsin a timely manner to the Council regardingissuesthatmay
significantly affect the City fiscally in theforeseeablefuture.
Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1 {Clerk’s Note – optional}
·Goal 2
·Goal 3
*Public Record to be maintained with Overall Evaluation Worksheet
Last Revised:per Res/Ord/CCRoP/Code
143
City of Seward
City Manager
SELF Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Oversee the day-to-day operations of all municipal services
a.Manage workforce and mediate personnel issues.
………………… ……………………………………………………...……….5 4 3 2 1 N/R
b.Responsible for the management of all finances, budgets and investments of the city.
…… ………………………………………………………..………..5 4 3 2 1N/R
c.Negotiate and/or review contracts and leases.
… ………………………………………………………..…………..5 4 3 2 1N/R
d.Ensure daily operation of the city departments are within the goals set by the Council
and the community. …………………………………..…………….5 4 3 2 1 N/R
e.Ensures the enforcement of city codes and ordinances. ……...…….5 4 3 2 1 N/R
f.Functions as the Incident Commander for major emergencies as detailed inthe City's
Emergency Operations Plan. ……………………………..………...5 4 3 2 1N/R
g.Verbalandwrittencommunications are thoughtful,clearand to the point……..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2.Oversee projects
a.Facilitate project development, coordination and prioritization. …..5 4 3 2 1 N/R
b.Oversee all project implementation plans and budgets. …………....5 4 3 2 1 N/R
c.Monitors and reports projects’ status and budget to Council in a timely manner.
……………………………………………………………………….5 4 3 2 1N/R
N/R = not rated
144
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
SELF Evaluation
d.With the Finance Director facilitate issuance of municipal bonds as required.
………… ………………………………………………..…………..5 4 3 2 1N/R
e.Ensures contracts for projects are adhered to. …..………………….5 4 3 2 1 N/R
f.Works with Council to facilitate their thoughts and ideas into cohesive policy
development…….………………………………………….................5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3.Maintain a good working relationship with the City Council
a.Encourages rapport that facilitates trust and cooperation. …….…...5 4 3 2 1 N/R
b.Carries out directives of the body as a whole as opposed tothose of any one member
or minority group. ……………………………………………….....5 4 3 2 1 N/R
c.Disseminates complete and accurate information equally to all members in a timely
manner. …………………………………………………..…………5 4 3 2 1 N/R
d.Responds cooperatively to requests and advice. ………...…………5 4 3 2 1 N/R
e.Supports the actions of the elected body, both inside and outside of the organization,
after a decision has been reached. ………………………..………...5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4.Represent the city on all technical matters with external agencies
a.Actas lobbyist or coordinate with the City's lobbyist with state and federal
legislators. ……………………………………………..…………...5 4 3 2 1 N/R
b.Act as a point of contact with state and federal agencies. ………….5 4 3 2 1 N/R
c.Representthe city with other municipalities and municipal groups. .5 4 3 2 1 N/R
d.Whenrequested, coordinate public meetings with outside agencies or groups that may
have an impact on the community. ………………...……………….5 4 3 2 1 N/R
N/R = not rated
145
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
SELF Evaluation
e.Skillfullyand favorably represents the Cityto the press,radioand
television……………………………………………………………...5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
5.Maintain a positive relationship with the public
a.Be available for public comments, issues or complaints. …...……..5 4 3 2 1N/R
b.Coordinate resolution of public issues or concerns. ………………..5 4 3 2 1 N/R
c.Makes an appropriate effort to maintain citizen satisfaction with services.
…… ………………………………………………………………....5 4 3 2 1N/R
d.Is responsive to citizen requests for information in a timely manner.5 4 3 2 1 N/R
e.Represents Council’s positions/policies accurately and effectively to the
public…………………………………………………...……………..5 4 3 2 1 N/R
f.Acts as anactiveliaisonwith the business community toassistinmaintaining current
businesses and strives to attract new businesses to the City…………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6.Fiscal:
a.Manages the financialresources of the Citytoensure the Citymaintains a sound
financial condition …………………………………………………....5 4 3 2 1 N/R
b.Has a sound approach to the budget preparation and reviewprocesses which aids
Council in developing a realistic budget that is submitted on time…...5 4 3 2 1 N/R
c.Effectivein controlling costs through the economic utilization of manpower,
materials,and equipment……………………………………………...5 4 3 2 1 N/R
d.Provides sufficient information on the current financial status of the
City……………………………………………………………….…...5 4 3 2 1 N/R
e.Communicates concerns in a timelymannerto the Council regardingissuesthat
may significantly affect the City fiscally in theforeseeablefuture…...5 4 3 2 1 N/R
N/R = not rated
146
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
SELF Evaluation
Goals set for the City Manager: (established from the previous evaluation)
·Goal 1
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 2
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Clerk’s Note:
1.Does council want a place for the employee
to list potential upcoming goals?
2.If council does not want to seethe employee
self-evaluation prior to completing their
evaluation, employee has no way to convey
to the council how they felt they met these
goals……or to explain any circumstances as
to why they weren’t met…….
N/R = not rated
147
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
Circle the response that best reflects your personal observation with regards to each of the
following.
Scoring Key:
5Excellent
4 Above Average
3 Average
2Below Average
1Unacceptable
N/R Not Rated (not included in tally)
1.Oversee the day-to-day operations of all municipal services
a.Manage workforce and mediate personnel issues.
………………… ……………………………………………………...……….5 4 3 2 1 N/R
b.Responsible for the management of all finances, budgets and investments of the city.
…… ………………………………………………………..………..5 4 3 2 1N/R
c.Negotiate and/or review contracts and leases.
… ………………………………………………………..…………..5 4 3 2 1N/R
d.Ensure daily operation of the city departments are within the goals set by the Council
and the community. …………………………………..…………….5 4 3 2 1 N/R
e.Ensures the enforcement of city codes and ordinances. ……...…….5 4 3 2 1 N/R
f.Functions as the Incident Commander for major emergencies as detailed inthe City's
Emergency Operations Plan. ……………………………..………...5 4 3 2 1N/R
g.Verbalandwrittencommunications are thoughtful,clearand tothe
point……………………………………………………………….…..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION1AVERAGE:TOTAL SCORES DIVIDED BY 7 =
*Do not count N/R scores in averages.
N/R = not rated
148
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
2.Oversee projects
a.Facilitate project development, coordination and prioritization. …..5 4 3 2 1 N/R
b.Oversee all project implementation plans and budgets. …………....5 4 3 2 1 N/R
c.Monitors and reports projects’ status and budget to Council in a timely manner.
……………………………………………………………………….5 4 3 2 1N/R
d.With the Finance Director facilitate issuance of municipal bonds as required.
………… ………………………………………………..…………..5 4 3 2 1N/R
e.Ensures contracts for projects are adhered to. …..………………….5 4 3 2 1 N/R
f.Works with Council to facilitate their thoughts and ideas into cohesive policy
development…….………………………………………….................5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION2AVERAGE:TOTAL SCORES DIVIDED BY 6 =
*Do not count N/R scores in averages.
149
N/R = not rated
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
3.Maintain a good working relationship with the City Council
a.Encourages rapport that facilitates trust and cooperation. …….…...5 4 3 2 1 N/R
b.Carries out directives of the body as a whole as opposed to those of any one member
or minority group. ……………………………………………….....5 4 3 2 1 N/R
c.Disseminates complete and accurate information equally to all members in a timely
manner. …………………………………………………..…………5 4 3 2 1 N/R
d.Responds cooperatively to requests and advice. ………...…………5 4 3 2 1 N/R
e.Supports the actions of the elected body, both inside and outside of the organization,
after a decision has been reached. ………………………..………...5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION3AVERAGE:TOTAL SCORES DIVIDED BY 5 =
*Do not count N/R scores in averages.
4.Represent the city on all technical matters with external agencies
a.Actas lobbyist or coordinate with the City's lobbyist with state and federal
legislators. ……………………………………………..…………...5 4 3 2 1 N/R
b.Actas a point of contact with state and federal agencies. ………….5 4 3 2 1 N/R
c.Representthe city with other municipalities and municipal groups. .5 4 3 2 1 N/R
d.Whenrequested, coordinate public meetings with outside agencies or groups that may
have an impact on the community. ………………...……………….5 4 3 2 1 N/R
e.Skillfullyand favorably represents the Cityto the press,radioand
television……………………………………………………………...5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION4AVERAGE:TOTAL SCORES DIVIDED BY 5 =
*Do not count N/R scores in averages.
N/R = not rated
150
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
5.Maintain a positive relationship with the public
a.Be available for public comments, issues or complaints. …...……..5 4 3 2 1N/R
b.Coordinate resolution of public issues or concerns. ………………..5 4 3 2 1 N/R
c.Makes an appropriate effort to maintain citizen satisfaction with services.
…… ………………………………………………………………....5 4 3 2 1N/R
d.Is responsiveto citizen requests for information in a timely manner.5 4 3 2 1 N/R
e.Represents Council’s positions/policies accurately and effectively to the
public…………………………………………………...……………..5 4 3 2 1 N/R
f.Acts as anactiveliaisonwith the business community toassistinmaintaining current
businesses and strives to attract new businesses to the City…………..5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION5AVERAGE:TOTAL SCORES DIVIDED BY 6 =
*Do not count N/R scores in averages.
151
N/R = not rated
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
6.Fiscal:
a.Manages the financialresources of the Citytoensure the Citymaintains a sound
financial condition …………………………………………………....5 4 3 2 1 N/R
b.H
as a sound approach to the budget preparation and reviewprocesses which aids
Council in developing a realistic budget that is submitted on time…...5 4 3 2 1 N/R
c.E
ffectivein controlling costs through the economic utilization of manpower,
materials,and equipment……………………………………………...5 4 3 2 1 N/R
d.Provides sufficient information on the current financial status of the
City……………………………………………………………….…...5 4 3 2 1 N/R
e.C
ommunicates concerns in a timelymannerto the Council regardingissuesthat
may significantly affect the City fiscally in theforeseeablefuture…...5 4 3 2 1 N/R
Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*SECTION6AVERAGE:TOTAL SCORES DIVIDED BY 5 =
*Do not count N/R scores in averages.
7.Goals set for the City Attorney: (established from the previous evaluation)
·Goal 1
Clerk’s Note:
·Goal 2
1.How will council score if goals were met if
they don’t get any documentation on it
·Goal 3
prior?
Goal 1
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 2
54321N/R
Identity a measurable component of the goal
N/R = not rated
Last Revised:
152
To be destroyed after
per Res/Ord/CCRoP/Code
City of Seward
City Manager
COUNCIL Evaluation
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Goal 3
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
Identity a measurable component of the goal54321N/R
(established from the previous evaluation)
*SECTION7AVERAGE:TOTAL SCORES DIVIDED BY (TBD) =
*Do not count N/R scores in averages.
OVERALL GRADE
COMBINE ALL AVERAGED SCORES ABOVE AND DIVIDE BY 7=___
GeneralComments:
N/R = not rated
153
Last Revised:
To be destroyed after per Res/Ord/CCRoP/Code
City of Seward
City Manager Evaluation
Overall Tabulation
Clerk’s Note:
Council Evaluation Grade:
1.Currently the draft factors the goal score
into the council evaluation, so these two
elements are stricken. What is the
AccomplishmentsGrade:
preference of the council?
Overall Evaluation Grade (average of the scores above):
Comments:
*Public Record to be maintained with Employee’s Criteria Form
154
Goals established for the upcoming year for the City Manager:
·Goal 1
·Goal 2
·Goal 3
Goal 1
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 2
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Goal 3
Identity a measurable component of the goal54321N/R
Identity a measurable component of the goal54321N/R
Jean Bardarson, MayorJim Hunt, City Manager
DateDate
*Public Record to be maintained with Employee’s Criteria Form
155
MEMORANDUM
TO: City Council
FROM: Johanna Kinney, City Clerk
DATE:March 21, 2017
RE:City projects and goals - REVISED
The following list of City Council projects and goals wasreviewedand discussed at the March 20, 2017 City
Council Work Session, and revisedasfollows:
1
1.New ADA accessible parking location on west side of City Hall
1
2.Set location for Satellite Fire Station and Public Works Building
3.Expand current Council Chambers
4
4.Discussion on Air Force Rec Camp Site
5.Harbor crane
6.Saltwater Heat Pump Project
7.Energy Efficiency of City Hall
8.Ground Transportation for Ambulance Services
4
9.Animal Shelter Improvements
4
10.City Hall Elevator
3
11.Research elected/appointed official tele-conferencing possibilitiesfor meetings
3
12.Refine Executive Session Procedures
13.Update the KPB Tsunami Warning message to include specific reference to the local radio
station (91.7/106.1)
4
14.Incentivize family entertainment-type businesses to come to Seward
1
15.Affordable Housing (including Summer Worker Housing)
16.Develop South Harbor Uplands
17.Seward Community Health Center Expansion
2
18.Building Maintenance
2
19.LED Light Conversions
1 Potential Work Session
2 Address as a budget consideration
3 Awaiting City Attorney input - #11 will be scratched unless City Attorney advises differently
4 Currently underway
156
March 2017April 2017
SuMoTuWeThFrSaSuMoTuWeThFrSa
March 2017
12341
5678910112345678
121314151617189101112131415
1920212223242516171819202122
26272829303123242526272829
30
SunMonTueWedThuFriSat
Feb 262728Mar 1234
12:00pm 2:00p10:00am 1:00p
m PACAB WSm HP WS
followed by (Chambers)
Mtg
Feb 26 - Mar 4
567891011
5:45pm 6:15pm 7:00pm 10:30p
CC & PACAB m CANCELED
(Joint Work P&Z Mtg
Session)(City Annex
Building)
Mar 5 - 11
12131415161718
7:00pm 10:30p12:00pm 2:00p10:00am 1:30p
m CC Mtg m PACAB m HP WS
(Chambers)Work Session(Chambers)
(Chambers)
Mar 12 - 18
19202122232425
5:00pm 8:30pm 6:30pm 10:00p
City Council m HP Mtg &
WS WS
(Chambers)
Mar 19 - 25
262728293031Apr 1
Reserved for Audit
12:00amTo Apr 8
6:00pm 9:30pm
Holiday (Offices
P&Z WS (City
Annex
Building)
7:00pm 10:30p
m CC Mtg
Mar 26 - Apr 1
(Chambers)
Nanci Richey13/21/2017 9:29 AM
157
April 2017May 2017
SuMoTuWeThFrSaSuMoTuWeThFrSa
April 2017
1123456
234567878910111213
910111213141514151617181920
1617181920212221222324252627
2324252627282928293031
30
SunMonTueWedThuFriSat
Mar 262728293031Apr 1
Reserved for Audit
Mar 26 - Apr 1
2345678
Reserved for Audit
12:00pm
7:00pm 10:30p12:00pm 2:00p10:00am 1:30p
m P&Z Mtg m PACAB m HP WS
(City Annex Mtg (Library)(Chambers)
Building)
Apr 2 - 8
9101112131415
7:00pm 10:30p7:00pm 10:00p6:30pm 10:00p7:00pm 10:00p
m CC Mtg m KPB Road m HP Mtg & m Fish &
(Chambers)Service Mtg WS Game
(Council (Chambers)Meeting
Chambers)(Chambers)
Apr 9 - 15
16171819202122
1:00pm 11:00p12:00pm 2:00p
m KPB m PACAB
Assembly Work Session
Meeting(Chambers)
6:00pm 9:30pm
Apr 16 - 22
P&Z WS (City
Annex Buildin
23242526272829
7:00pm 10:30p
m CC Mtg
(Chambers)
Apr 23 - 29
30May 123456
Apr 30 - May 6
Nanci Richey13/21/2017 9:29 AM
158
May 2017June 2017
SuMoTuWeThFrSaSuMoTuWeThFrSa
May 2017
123456123
7891011121345678910
1415161718192011121314151617
2122232425262718192021222324
28293031252627282930
SunMonTueWedThuFriSat
Apr 30May 123456
7:00pm 10:30p12:00pm 2:00p
m P&Z Mtg m PACAB
(City Annex Mtg
Building)(Chambers)
Apr 30 - May 6
78910111213
7:00pm 10:30p10:00am 1:30p
m CC Mtg m HP WS
(Chambers)(Chambers)
May 7 - 13
14151617181920
6:00pm 9:30pm 12:00pm 2:00p
P&Z WS (Citym PACAB WS
Annex (Chambers)
Building)
6:30pm 11:00p
m HP Mtg &
WS
May 14 - 20
21222324252627
7:00pm 10:30p
m CC Mtg
(Chambers)
May 21 - 27
28293031Jun 123
Holiday (Offices
May 28 - Jun 3
Nanci Richey13/21/2017 9:29 AM
159