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HomeMy WebLinkAbout05242021 City Council PacketSe -ward City C itncif Agenda Packet Sewc+rd44igh School Gass of 2021 Gradcna-flah Tarc+de Photo credit: Wolfgang Kurtz Monday, May 24, 2021 City Council Chambers Beginning at 7.00 p.m. TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT MAY 249 2021 CITY COUNCIL MEETING The Seward City Council will hold a regular meeting on Monday, May 24, 2021. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing comments & testimony has been created. CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY 1. WRITTEN comments can be emailed to clerk2cityofseward.net. Identify whether you want your comments forwarded to council immediately, read aloud at the meeting, or both. 2. TELEPHONIC comments can be made by sending an email request to clerk2cityofseward.net. Be sure to include the phone number you wished to be called. Questions? Call the city clerk at 224-4045. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting May 24, 2021 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Tony Baclaan Vice Mayor Term Expires 2022 Sue McClure Council Member Term Expires 2023 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Janette Bower City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total speaking time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Honoring Liberty Miller as 2021 Historic Preservation Award Recipient .......................................... Pg. 4 2. Honoring Colleen Kelly as 2021 Historic Preservation Award Recipient ......................................... Pg. 5 3. Combat Fishing Tournament ........................... Pg. 6 4. National Poppy Day ..................................... Pg. 7 5. Older Americans Month ................................ Pg. 8 B. City Manager Report ........................................ Pg. 9 C. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Chamber of Commerce Report ...................... Pg. 19 D. Presentations —None City of Seward, Alaska Council Agenda May 24, 2021 Page I 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.] A. Resolutions Requiring Public Hearing 1. Resolution 2021-059, Authorizing The City Manager To Enter Into A Lease Amendment With Richard And Linda Worabel To Remove Article 14.2(c) From Lease 97-106 And To Amend Lease 97-102 And 97-104 By Also Removing Article 14.2(c)...................................................................................... Pg. 22 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions *1. Resolution 2021-060, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions hi Conflict Herewith ........................ Pg. 69 *2. Resolution 2021-061, Accepting Grant Funds From The State Of Alaska Historic Preservation Fund (HPF) — Amendment 91 In The Amount Of $5,235, With A Required Match Of $410, For The FY2020 Certified Local Government (CLG) Grant #20005 "Seward Historical Tour: Public Education Signage" Project On Behalf Of The Seward Historic Preservation Commission, And Appropriating Funds.... Pg. 71 3. Resolution 2021-062, Authorizing The City Manager To Purchase A 2022 Chevy 3500 4x4 Regular Cab Truck With Flatbed, Hidden Lift Gate, And V-Plow For The Harbor Department, Waiving Competitive Procurement Procedures hi Order To Utilize The State Of Alaska's Procurement Contract, In An Amount Not To Exceed $59,549.55................................................................................. Pg. 104 *4. Resolution 2021-063, Authorizing The City Manager To Enter Into An Agreement With Dibble Creek Rock Limited For Rock Removal At The City's Fourth Of July Creek Rock Quarry ....................................................................... Pg. 113 B. Other New Business Items * 1. Approval of the May 10, 2021 City Council Regular Meeting Minutes........ Pg. 126 *2. Non -objection to the renewal of the liquor license for Chattermark — Restaurant/Eating Place — Public Convenience Seasonal 95040................. Pg. 135 *3. Non -objection to the renewal of the liquor license for Woody's Thai Kitchen — Restaurant/Eating Place — Public Convenience Seasonal 95239................. Pg. 147 *4. Appoint Mary Ann Benoit to the Historic Preservation Commission with a term to expire May, 2024........................................................................ Pg. 160 5. Discuss options for best public use of $1 million funding from Norwegian Cruise Lines(NCL).............................................................................. Pg. 161 6. Review status of online business license program and provide direction on next steps. .............................................................................................. Pg. 162 7. Schedule a second work session to discuss the Capital Improvement Plan (CIP) for June 28, 2021 at 5:00 p.m.............................................................. Pg. 164 City of Seward, Alaska May 24, 2021 Council Agenda Page 2 `a 8. Review and approve the Board of Adjustment Findings of Fact and Conclusions of Law for the Griswold and SeaView appeal hearings that were conducted on May 14, 2021.................................................................................. Pg. 165/171 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. April, 2021 City and Providence Financials ................................. Pg. 175 (City) B. City Clerk's Travel Report............................................................. Pg. 225 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska May 24, 2021 Council Agenda Page 3 3 PROCLAMATION WHEREAS, the Seward Historic Preservation Award is presented annually to recognize individuals, groups or organizations whose efforts and contributions help preserve Seward's history and heritage; and WHEREAS, Liberty Miller, owner of 13 Ravens Coffee & Books organized and planned a new historical cemetery walking tour at Woodlawn Cemetery in the Camelot Subdivision on October 10 and October 24, 2020; and WHEREAS, Liberty collaborated with Sue McClure and Lee Poleski, both of whom have extensive experience organizing cemetery tours in the City, to gather information and lead the tours to share many fascinating stories of those laid to rest in the Woodlawn Cemetery; and WHEREAS, many individuals from near and far attended this event and the tours sold out quickly; and WHEREAS, all proceeds were donated to the Resurrection Bay Historical Society; and WHEREAS, this walking tour provided the citizens of Seward an opportunity to come together safely in an outdoor event to learn about and to share Seward's history in the middle of a global COVID-19 pandemic; and WHEREAS, these cemetery tours were also the impetus for the City to replace the long lost headstone of Mary Lowell to commemorate an original Seward homesteader and influential matriarch; and WHEREAS, the success of the Woodlawn Cemetery tours has inspired future walking tours and events which the community eagerly anticipates; and WHEREAS, in appreciation and recognition of Liberty Miller's enthusiastic and innovative contribution to the education of Seward's history by bringing community together and sparking renewed interest in local history, the City of Seward is pleased to present the 2021 Historic Preservation award to: LIBERTY MILLER NOW, THEREFORE, 1, Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate Liberty Miller and thank her for her dedication and commitment to preserving Seward's history. Dated this 24th day of May, 2021 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor PROCLAMATION WHEREAS, the Seward Historic Preservation Award is presented annually to recognize an individual or organization whose efforts and contributions help preserve the tangible aspects of Seward's history and heritage; and WHEREAS, in 2020, the Seward Historic Preservation Commission was awarded HPF- CLG Grant #20005 Seward Historical Tour: Public Education Signage Project to install interpretive signs to highlight historical sites of interest for a walking tour to be completed June 30, 2021; and WHEREAS, Colleen Kelly, a volunteer member of the Resurrection Say Historical Society Collection Committee, met with commissioners to research properties, find photos, documents, and records, all organized into individual files, and uploaded over 100 photos to a shared file for easy access to the commission and sign designer; and WHEREAS, Colleen re -scanned many images at a higher resolution to improve image production and worked weekends to help meet tight deadlines and scanned other photos for the project that were not part of the Resurrection Bay Historical Society collection; and WHEREAS, Colleen provided a total of 52 document reviews with detailed edits for the sign narratives and reviewed each of them for historical accuracy which dramatically improved the quality of the narratives from the initial stage to the final stage of the sign design process; and WHEREAS, Colleen shared her wealth of knowledge about the history of Seward to develop sign narratives and was responsive as the stories developed and changed direction or needed different images; and WHEREAS, Colleen Kelly volunteered extensively of her time and expertise and facilitated connections to assist with and ensure the success of the Seward Historic Walking Tour grant project; and WHEREAS, in appreciation and recognition of Colleen Kelly's volunteerism with distinction in this and all other respects over the course of her tenure with the Resurrection Bay Historical Society, the City of Seward is pleased to present the 2021 Historic Preservation Award to: Colleen Kelly NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate Colleen Kelly and thank her for her dedication and commitment to preserving Seward's history. Dated this 24th day of May, 2021 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor PROCLAMATION WHEREAS, Seward is home to the only Military Recreation Camps in Alaska and hosts thousands of military service members and their families each year; and WHEREAS, the Annual Armed Services Combat Fishing Tournament was founded in 2006 by Seward businessman, Bob Candopoulos, owner of Saltwater Safari Company, and event partner, Keith Manternach, of Specialty Truck and Auto, Inc.; and WHEREAS, the purpose of this fishing tournament is to give thanks to the brave young men and women of the United States Armed Services who have served our nation with honor and courage in Iraq and Afghanistan; and WHEREAS, over the past 15 years, the Armed Services Fishing Tournament became the largest military appreciation fishing tournament in the United States with a total of 2,914 military veterans and 326 professional fishing charters participating in the tournament; and WHEREAS, the 151h annual Combat Fishing Tournament will be held on Wednesday, May 26, 2021. NOW, THEREFORE, I , Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate Bob Candopoulos, Keith Manternach, and the Armed Services YMCA on celebrating their 151h annual Combat Fishing Tournament. Dated this 24th day of May, 2021. THE CITY OF SEWARD, ALASKA CC TOURNAMENT i Christy Terry, Mayor 6 PROCLAMATION WHEREAS, America is the land of the free, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, at the end of World War I, the American Legion adopted the poppy as a symbol of freedom and the blood sacrificed by soldiers of war; and WHEREAS, the symbolic use of the poppy comes from the poem "In Flanders Fields", which movingly begins, "In Flanders Fields the poppies blow, between the crosses, row on row", referring to the poppies that sprang up in the churned -up earth of newly dug soldiers' graves over parts of Belgium and France; and WHEREAS, the American Legion designated the red poppy as its official flower, symbolizing the blood shed by soldiers who served in our U.S. military and found it fitting to expand the meaning and symbolism of the poppy, as they celebrate their 1001h anniversary. NOW, THEREFORE, I , Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim May 28, 2021 as: NATIONAL POPPY DAY and encourage everyone to honor every service member who died in the name of liberty, freedom, and democracy while also showing their support for living veterans, service members, and their families. Dated this 24th day of May, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor VA PROCLAMATION WHEREAS, the population of Seward includes a growing number of older Alaskans who have built strength through their accomplishments and resilience through overcoming obstacles; and WHEREAS, Seward benefits from individuals of all ages, abilities, and backgrounds sharing their stories of success and resilience; and WHEREAS, Seward recognizes the need to nurture themselves, reinforce our strengths, and continues to thrive in times of both joy and struggles; and WHEREAS, Seward can foster a community of strength by creating opportunities to share stories and learn from each other; engaging older adults through education, recreation, and service; and encouraging individuals of all ages to celebrate their accomplishments and learn from their struggles. NOW, THEREFORE, I , Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim May, 2021 as: OLDER AMERICANS MONTH and urge all citizens to recognize older Americans and community volunteers as valuable members of our community. Dated this 24th day of May, 2021. THE CITY OF SEWARD, ALASKA OLDER • AMERICANS MONTH 7 COMMUNITIES OF STRENGTH: MAY 2021 Christy Terry, Mayor 8 CITY OF SEWARD Janette Bower P.O. BOX 167 Ph: (907) 224-4047 SEWARD, AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT May 24, 2021 The following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Date Department Description Amount 5/07/2021 Harbor 84-inch Angle broom for use in the harbor and at SMIC $7,410.00 5/06/2021 Sewer Urgent- Lowell Point Liner Repairs $8,500.00 4/29/2021 Electric Unit Heater Installation in the Electric Department Warehouse $9,966.00 5/06/2021 Police Computer to record all phone and radio conversations in PD $22,416.80 4/30/2021 Sewer Urgent- Lowell Point Lagoon Liner Repairs $23,500.00 * POLICE DEPARTMENT -The Police Department has purchased a server to record incoming phone and radio transmissions from WesTek Marketing. The old system had become obsolete and was no longer recording long enough and self -deleting recordings. This opened the city to severe liability. The new system was researched and picked by the IT director. The purchase was sent to council for approval and appropriation because the purchase could not be planned for in bi-annual budgeting. The system has been purchased and installation is already complete and functional. * 4/30/21 SEWER - The $23,500 is for repairs to the black liner membrane of the lagoon. Some damages were caused by the broken underground airline leak and others were patches needed from normal wear over the years. We just completed them all at once while the contractor was available. *5/06/21 SEWER — The $8,500 was a solution to fix a problem we had with the biodome airlines that were pulled loose in the past by ice in the winters. This was a very good idea to add membrane sleeves over those lines to prevent the ice from damaging those lines. We came up that idea about a week after getting the first PO. `ELECTRIC We have an almost new oil -fired heater that was removed from the plant a couple of years ago. The cost below is to have that heater installed from the rafters inside the warehouse and connected to the fuel source. Repurposing the heater inside the warehouse will provide a more efficient heating source than the existing Toyo heaters, and this will allow us to only use the Toyo heaters as a back-up source in emergency or maintenance situations. CITY OF SEWARD PERSONNEL TRANSACTIONS City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Department: Finance Director Finance Executive Assistant Administration Administration Harbor Summer Part -Time Aides Executive Assistant Planning DMV Clerk Finance Director Available Full Time Positions: Patrol Officer Recruit Executive Assistant Harbor Sports & Rec Assistant Corrections Officer Accounting Tech II Utility Library Program Coordinator Journeyman Lineman Available Seasonal Positions: Campground Attendant Campground/Park Maintenance Seasonal Library Aide Gardener Department: Harbor Community Development Police Finance Department: Police Harbor SPRD Police Finance Library Electric Department: SPRD SPRD Library SPRD Date of Separation: 05/21/2021 05/21/2021 V 1 - - 'I - 05/17/2021 06/06/2021 07/12/2021 Position Status: Advertising Since 01/27/2020 Advertising Since 03/19/2021 Advertising Since 04/05/2021 Advertising Since 04/12/2021 Advertising Since 04/16/2021 Advertising Since 04/23/2021 Advertising Since 05/04/2021 Position Status: Advertising Since 03/12/2021 Advertising Since 03/12/2021 Advertising Since 04/05/2021 Advertising Since 04/19/2021 its] ADMINISTRATION • Norm, Stephen, Clinton, and Jason Bickling toured the Big Bay Beginnings building on Wednesday May 12th to evaluate the site as a possible childcare facility and gain a better understanding of the needed improvements should the City move forward with using the gift from Norwegian Cruise Lines for this building. • Administration is very thankful to Council members who completed the Capital Improvement Plan survey over the course of the last two weeks. The information demonstrates a commitment to move forward with the Animal Shelter project. The RFP has been advertised and once an acceptable bidder is identified, Administration will be bringing back a resolution to Council to approve the project and continue moving forward. • We are pleased to have Janette Bower join the City of Seward team. FINANCE Director: Jennifer Pae • Library Bond Refunding — Pricing target date of May 26th. Closing to occur on or about June 16th Current market conditions show a Net Present Value savings of $565,835 or 21.3%. This equates to annual savings of $37,722 over the next 15 years. HARBOR Harbormaster: Norm Regis • The boat lifts have really intensified in the last few weeks with vessels being placed into the water for the summer season. • The water in the harbor is turned on. • We are keeping COVID protocols in mind with public contact in the harbor office and while doing boat lifts. • The crew is continuing to clean up the last 2 lots at SMIC. This may take some time, but we are making headway. • The harbor crew has done several 330-ton boat lifts this week. • The harbor office is short one office staff. • We have upgraded to the new software and are still working through some minor issues. • The harbor office is open seven days a week for the summer season. • The fish cleaning stations are open. • Continuing meetings concerning the north east harbor launch ramp. We are at 75% design, and still waiting on the state to appropriate the money that AD&G has received from the feds. 11 ELECTRIC Director: Rob Montgomery • Seward's Power Supply Contract (Update) — Met with Chugach Electric on May 14 to review a working draft of power supply contract and to begin finalizing details. In addition to rates, we are discussing support services that Chugach Electric could provide that would help Seward and the Electric Department reduce expenses. The current supply contract with CEA expires in December. • Right -of -Way Clearing — Conducted a conference call with RSR Contracting May 17 to begin coordinating project logistics and timeline of activities. We're targeting late May/early June to begin clearing activities along the Seward Highway transmission corridor between MP 18 — MP 22. Cannot begin any work until DOT lifts the weight restrictions for large equipment on the highways. • Safety Training — Pole -Top Training and Bucket Rescue Training were completed for crew members Jason Ebberson and David Foote and also for plant operators James Unrein and AJ Turner. The training, which is mandatory for linemen and must be completed annually, was conducted in Seward by an IBEW instructor. • Safety Planning & Procedures (Update) - Power Operations Supervisor Pat Domitrovich continues to work with crew members and plant operators to prioritize safety planning and procedures, as outlined in the recent safety audit by the Alaska Power Authority. • Transformer Testing (Update) — Oil samples from Seward's substation transformers have been sent off for testing to help determine their operating condition. Results from the testing are expected back within two weeks. Regardless of their condition, we must continue to work toward replacement due to the age of the transformers. • Demand Meters — A vendor representative has informed us that deliveries for meters have been running up to 22 weeks based on the slowed supply chain caused by the COVID-19 pandemic. This would put us roughly four months out from receiving our order. In Seward, we have 11 meters still needing to be changed out. im PARKS & RECREATION Director: Tyler Florence MISSION Preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations. COVID-19 ADVISORIES • AVTEC has closed the gym (aka Student Services Center) to the public until further notice. CAMPGROUND UTILIZATION SITE NIGHTS Campground Rentals May 1 — May 830 12 Campground Rentals YTD 1,407 Campground Rentals Advance 10,278 Bookings CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 RV and tent sites. Reserve on Campspot today —visit the Campgrounds page for more details: hllps://www.ciiyofseward.us/departments/Tarks- recreati on/camp grounds • Advance reservation is open for the full 2021 summer camping season. • Revenue YTD: $55,000 • Total Payments Received YTD (includes past & future bookings): $522,000 SPORTS & RECREATION Visit RecDesk or the Sports & Rec page to view current program offerings: hqps://seward.recdesk.com/Communiiy/Home hllps://www. cilyofseward.us/departments/parks-recreation/sports-recreation Upcoming Events 5115 Exit Glacier Race 5/22 Annual Gear Swap 5/22, 6/05 Kayaking w/Kayak Adventures (local discount) 13 Recurring Programs YOUTH LEADERSHIP COUNCIL MEETINGS Tuesday 5pm — 7pm. Location TBD. Email Jrutledgegcityofseward.net for details. ADULT CO-ED SOCCER Thursdays 5pm — 7pm. @JP Field. AROUND THE TOWN SCAVENGER HUNT The first week of each month, Sports and Recreation puts out a new Around the Town Scavenger Hunt. Explore Seward and photograph your adventure. Email your pictures to jrutledge(a�cityofseward.net to receive a prize! Will last the duration of the month. SEWARD LIBRARY & MUSEUM Director: Valarie Kingsland SPECIAL BUILDING REPORT Flex line Repairs for Museum Collection Storage Museum Reopens June 1 Final repairs to the Secure Storage space were completed on May 13. The Museum will reopen by June 1 to give our partner organizations, the Resurrection Bay Historical Society and the Seward Community Library Association, time to organize and move their objects back into Secure Storage. Thank you to Elana Yanusz, our Curator, and our partner volunteers for coordinating, overseeing and managing collection care, organization and movement during this time. LIBRARY & MUSEUM SERVICES Note hours and services are subject to change due to the COVID-19 situation and staff capacity. Visit www.cityofseward.us/libmus for updates. Contact us at 907-224-4082 or email libmuskcityofseward.net. • Library: Tues-Sat, I I am-8pm. • Museum: Reopens June 1, Tues-Sat, I Iam-5pm. • Free WiFi 24/7 outside the building, no password. Walk-in Services • Library browsing & borrowing. • Public access computers (walk in or by appointment to ensure access). • Copy/Fax/Print/Scan • Limited Notary availability. • Contact us to arrange curbside delivery. Services by Appointment • Passport Acceptance (limited appointment availability; expect long processing delays). • Community Room, Meeting Room, and Research Room use (call or email for details). SUMMER 2021 MOVIE@2 PROGRAM Tues-Sat, 2-3pm May 18 - Aug 28 (closed July 3) We will show the Iditarod National Historic Trail: A History and Waves Over Seward, daily at 2pm, Tuesday - Saturday Each movie lasts 25 minutes and will be shown back to back with a suggested $5 donation that is split 14 between the three organizations. We thank the Iditarod Historic Trail Alliance and the Seward Community Library Association for giving us special permission to show these movies to the public! SUMMER READING CHALLENGE FOR ALL AGES 2021 Theme: Reading Colors Your World June 1 - August 7 Get ready for another fabulous community -wide Summer Reading Challenge! Last summer's virtual program for all ages modified to include take-home craft kits was so successful, we're following the same model this summer. Challenge your family and friends to read a total of 24 hours this summer! All Ages Welcome! Registration is open through the program for all three age groups: • Tots (Age 0 - 5) • Child (Age 6 - 17) • Adult (Age 18+) There's more than one way to participate: • Read to a child, sibling, family member, or friend. • Listen to audiobooks • Read online news articles and newspapers. • Magazines, comic books, and graphic novels. • Digital books and audiobooks (available at adl. overdrive. com) Registration Register your entire household with one form! It's fast and easy! • In person at the library • By phone at 224-4082 • Online at bit.ly/ssrcreg Registration Kits Ready for pick up June 1st. Stop by the Library or call for curbside delivery to pick up your registration kit, which includes all the reading logs and fun goodies. Request a Starter Craft Supply Kit (crayons or color pencils, glue, watercolors, etc.) for a small child or older participant, available while supplies last. Reading Logs There are a total of 6 reading logs. Each log tracks 4 hours in 20 minute blocks. Turn in all of your reading logs by August 7 and get an "I read for 24 hours!" sticker, a virtual badge, book bag and special prizes! Weekly Craft Kits Weekly Take -Home Craft Kits will be available each Tuesday, June 1-Aug 3, while supplies last. Stop by the Library or call for curbside delivery. Why Read? Children who read for 21 minutes per day see 1.8 million words each year and have scores on standardized tests in the 90th percentile. A child who is reading for 4.6 minutes per day sees .28 million words each year and scores in the 5th percentile on standardized tests. (Anderson, R. C., P. Wilson, and L. Fielding. Growth in reading and how children spend their time outside of school. Reading Research Quarterly 23: 285-303, www.istor.org/stable/748043) W Thank You to Our Supporters! We appreciate the support of the Alaska State Library and the Seward Community Library Association for our Summer Reading Challenge program! The Alaska State Library provides registration and promotional materials for the iRead program across the state. The Seward Community Library Association donated $1000 to help purchase supplies for the program. FIRE & BUILDING DEPARTMENT: Fire Chief: Clinton Crites Planning for the 2021 ORCA Military & Local responder's All Hazards drill to be held in Seward May 18- 21st. This is a full scale all hazards CBRNE-Chemical, Biological, Radioactive, Nuclear, and Explosive exercise that is intended to test and evaluate the operational capability of the emergency management system in an interactive manner. This exercise will serve as an interagency evaluation of interoperability among local stakeholders and spans from the MAT-SU Borough to Seward. During this exercise the community may see and hear various military, federal, state, and local agencies "responding" to simulated events. During the months of May, June & July; Tuesdays and Thursdays we will be testing hydrants. Please see the attached press release. PLEASE FLUSH YOUR WATER UNTIL IT IS CLEAR ON THOSE DAYS. Fire & Life Safety Inspections YTD: 202 inspections discovering 376 violations. Emergency Calls year to date: 64 New Building Permits issued YTD: 13 with a total job valuation of $1,355,850 May 8th assisted Parks and Rec with traffic control for Pink Cheeks then that after noon worked collaboratively with the American Red Cross on the Sound the Alarm campaign installing smoke alarms. May 22nd Fire Extinguisher training during the Seward Community Health Clinic's health fair. We can always use volunteers. If you, or someone you know, is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00 pm. City Manager Report - Public Works — W/E May 15, 2021 DIRECTOR: Doug Schoessler • District Heat Loop Administration has applied for other funding to attempt to make this project costs feasible to try to do a reduced project that only includes the library and annex. • Water Sewer Rate Study is on hold for the new City Manager's input. I'll continue meeting with some businesses and am collecting a short survey on rate increase effects on their business. • Water Meter Inventory still has a few more customers to connect with and a few under ground that need to be pumped out to inspect. All completed info has been turned in to Finance. Ike • The Lowell Creek Tunnel: Administration efforts continue with our congressional delegation and the US Army Corp of Engineers to obtain federal funding to move forward on this project. STREETS: • Street cleaning: The street dept continues to work through town to the north sweeping and cleaning the streets. They are making good progress downtown and will continue working their way through town. • Crosswalks: Preparation for repainting crosswalks and curbs is underway and will commence after sweeping. • Sidewalks: Repairs to 5ch Ave sidewalks to will remove the red brick ADA hazards by the hotel and restaurant. Bids will be solicited soon. WATER/WASTEWATER: • Lowell Point Lagoon repair projects: Both repair contractors were on site for 3 days. The lagoon black liner repairs and air -supply line repairs are complete. We now can complete other ice related repairs to airlines and we plan to put the lagoon into full operation by Friday 5/21/21. • Ongoing daily work continues: Meter reading, water line excavations, and customer sewer issues are all being done throughout these other major projects. now complete for the harbor, campgrounds, and RV dump station. We do still have people coming back to town for the summer that are requesting services turned on. • Well Abandonments: We will soon take bids for well abandonments at Fort Raymond. SHOP: • Snow tire change overs are complete with very few exceptions. • Preventative Maintenance. The shop continues to do the maintenance and repair work daily. BUILDINGS: • Roof repairs at City Hall: Crews added more sealant to previous problem areas on the roof at City Hall 17 k lo PW Slip -line pipe repair above and repairs to the black lagoon liner below. 18 Seward Fire Department PO Box 167 Seward, AK 99664 907-224-3445 sewardfd@cityofseward.net NEWS RELEASE For Immediate Release: Contact: Chief C. Crites May 13, 2021 Phone: 907-224-3445 SEWARD FIRE DEPARTMENT TO INSPECT FIRE HYDRANTS Residents and Business Owners May Experience Changes in Water Pressure Fire Chief Clinton Crites announces that during the months of May, June, and July the Seward Fire Department will be inspecting the fire hydrants in the community. Fire crews will be out Tuesdays and Thursdays from 9:00 a.m. to 5:00 p.m. until all of the assigned hydrants are inspected. The inspection involves removing all caps and lubricating the threads as well as flowing water to ensure that each hydrant is operating properly and documenting flow rates. This annual testing is essential to maintain the community's Class 3/3Y Insurance Services Office (ISO) Public Protection Classification, and to ensure that hydrants are operating efficiently for fire protection purposes. Along with maintaining the fire rating, the testing monitors the health of the city's water system, identifies weak areas in the system, removes materials that settle in the hydrant, and cleans out the lines. Checking each hydrant improves crew knowledge of hydrant locations. Fire department personnel will check to make sure there is adequate clearance around all fire hydrants, and property owners should clear weeds and brush from blocked hydrants to aid in their easy identification and access. The fire code requires at least 36 inches of clear area around the hydrant for proper access and helps assure that the hydrant is visible from the road. During hydrant inspections, residents might experience temporarily low water pressure or discolored (rusty) water. The discoloration of water will not harm an individual, although it may stain light colored clothing. The fire department advises that you run your faucets until you have clean water. Do not run your hot water or do laundry until your water is clear. If you have any questions, or should you at any time notice a hydrant in need of repair, please contact the fire department at 907-224-3445. 999 Chamber of Commerce — Executive Director Report May 24, 2020 Board Meeting (report submitted May 18) *1 apologize I will not be there in person or on the phone to make my report. I will be leaving town on May 22nd and coming back on May 26t" (back in the office on the 27t"). It's been over 3 years since I've seen my family and they are getting together in a single location and so I'm going make a quick trip down to Oregon. If you have any questions, please do not hesitate to reach out to me and I will get back to you when I return. director@seward.com New Website: If you haven't seen it already, please check out our new website at www.seward.com It is a work in progress and it will fill out as we continue to develop content and our membership complete their listings. We have pages for visitors (tourism), maritime industry, locals/hometown resources, and weddings/conferences. Norwegian Cruise Line Funds: We fully support these funds being used to do heavy lifting to solve a problem that is impacting our community in a number of ways: childcare. We are having conversations with involved parties to help be part of the solution on that front. Thank you for your time and thoughtful consideration on that subject. Industry Challenges: We are hearing a lot about worker shortages (and are feeling them first hand here at the chamber). It is a universal problem, not just here in Seward and Alaska but all over the US right now. We know that local businesses are unfortunately not able to maintain normal schedules or services in cases because of this hurdle. With the rental car shortage, we know that transportation is in a squeeze. We've developed a list of transportation providers that may be able to help. Feel free to contact the chamber if you need resources on how people can get down here. Grants KMTA Grant: Kat applied for a KMTA Grant for the Silver Salmon Derby. We just found out on May 10t". The grant will be used to digitize, document, archive and create historical pieces for the Derby Booth. COVID Marketing Grant: Kat has applied for the Alaska Tourism COVI Marketing Grant Alaska Chamber Grant: DHSS has given the Alaska Chamber of Commerce a grant to distribute to chambers to help get more people vaccinated so that businesses can keep running. Roughly 50% of Alaskans have received the vaccine and 20% aren't going to get the vaccine. This grant is to get that other 30% to get vaccinated. Seward is receiving $10,000. We are working with the Seward Community Health Center to coordinate that work on their end. More information to come out soon. Page 1 19 AEV Charging Stations: We have submitted our final grant paperwork (due on Monday the 10t") to AIDEA/AEA. If granted there will be two charging stations at the chamber and two at the Harbor 360. The paperwork and vendor coordination for this project was nothing less than significant. Update: Small Business Development Position: Update: SBDC got us a draft job description. I sent that to Norm and Stephen to approve and they said that they want to wait until the new City Manager comes in later this month to move forward. Looking forward to this possibility. Community Awards: The community awards went really well in the hybrid model. We are looking forward to holding next year's in person again! Halibut Tournament: scheduled for June 15-30. After this last weekend — it will be the next push for us. 4t" of July: Vendor Applications are open. We have another 4t" of July Committee meeting this week. Planning is going forward — permits, insurance, port -a -potties, garbage, recycling, etc. as well as fireworks, parade, boat parade, coordinating with Parks and Rec. Note: Subway told us late last week that they couldn't sponsor the Fireworks this year with their revenues being down (worker shortage has made them so they have to limit store hours). We'll be putting that opportunity out to membership — probably divide the $9000 into 9 / $1000 sponsorships. MMR: Heavily working on planning and logistics right now with Matias. Silver Salmon Derby: August 14-22 Will be starting to work on design requests, sponsors, and software updates in June. Pacific Marine Expo Dates: Nov 18-20 (just released) Calendar of Upcoming Events: May 24 — City Council Meeting Report June 15-30: Halibut Tournament July 2-5: 4t" of July Activities August 14-22: Halibut Tournament Reports from the Staff: MEMBERSHIP REPORT: Total Active Members: 370 Simpleview CRM/CMS o Supporting transition of content, listings and brand collateral to new platform o Bringing annual applications and processes online (ad sales, vendors, sponsors) 2021 July 4th Festival o Event coordination & planning support Supporting Team/Director/Board w/ o Supporting Communications/Marketing during Kat's absence o Transition/goal setting/planning for membership coordinator position into 2021 o Onboarding new staff Page 2 20 Communications Report Kat is currently out. I'm just reporting a few things on her behalf. Website Launch was on May 11 KMTA Grant for the Silver Salmon Derby Awarded PROMOTIONS/PROGRAMMING REPORT: • Member Educational Programming o Member listings webinar Pt. I & II o Restaurant Revitalization Fund (informational/Q&A) o Upcoming grow with google event • Membership Transition o Newsletter o CRM/CMS Training • Social Media o Event promotion o `Update your listings' campaign • Other o Assisting members with accessing the member portal and getting their listings updated o Onboarding new staff Visitor Center Report: • Created a survey to send out to all chamber partners, "highway neighbors" and members who may have information on transportation issues. Who can we direct guests with transportation needs to? • Will be using information gathered from above survey to create a "one sheet" for visitors inquiring about transportation needs • Created a survey to send out to lodging providers daily. This survey will link the responses to a google spreadsheet. We will be putting both a QR code & URL posted on our window for visitors to access. Then, they can see who has availability instead of having to call around. • Finding local Art to showcase on our walls for sale • Cleaned and rearranged the visitor center so that it looked better/ was more efficient in giving our visitors the necessary information quickly. • Created new system for referral tracking form to make it easier for visitor center staff to flip through and mark quickly • Got into contact with members about updating/bringing in their rack cards • Putting together submitted vendor applications and required documents for Seward 4th of July Festival • Ordered supplies and got water and electric ready for both Derby booth and visitor center season openings. Page 3 21 Sponsored by: Bower Public Hearing: May 24, 2021 CITY OF SEWARD, ALASKA RESOLUTION 2021-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AMENDMENT WITH RICHARD AND LINDA WORABEL TO REMOVE ARTICLE 14.2 (c) FROM LEASE 97-106 AND TO AMEND LEASE 97-102 AND 97-104 BY ALSO REMOVING ARTICLE 14.2 (c) WHEREAS, the City of Seward is the owner of real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, this parcel was leased to Richard Worabel and Linda Worabel in 1997 for a term of twenty years; and WHEREAS, in 2015, this lease was extended for an additional 13 years with two additional 33 year options, and also added their daughter, Jennifer Worabel (Luiten), to the lease; and WHEREAS, the Worabels recently requested to sublease this parcel, and discovered that Article 14.2 (c) stated 35% of the sublease will have to be paid to the city; and WHEREAS, the Worabels met with the harbormaster on the concern that this clause was not inserted in other leases surrounding their leased property; and WHEREAS, the city researched other leases within the city and found only two additional leases 97-102 and 97-104 that have this clause inserted; and WHEREAS, the Worabels sent a letter to the city requesting to remove Article 14.2 (c) from their lease; and WHEREAS, the city wants to be fair and consistent to all lessees by removing Article 14.2 (c) from 97-102 and 97-104; 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 Seward City Council hereby determines that the essential terms and conditions of the proposed lease amendment with Richard Worabel, Linda Worabel, and Jennifer 0% CITY OF SEWARD, ALASKA RESOLUTION 2021-059 Luiten, and for the real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska in substantially the form as presented at this meeting are in the public's best interest. Section 2. The city manager is hereby authorized to execute a lease amendment for the two additional leases 97-102 and 97-104 in substantially the form as presented at this meeting. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 23 Agenda Statement Meeting Date: May 24, 2021 To: City Council Through: Norm Regis, Acting City Manager and Harbormaster Agenda Item: The City is requesting to amend Lease 97-102, 97-104 and 97-106 by removing Article 14.2 (c.) from these leases located at the Seward Boat Harbor to be consistent and fair with all City of Seward LESSEE's. BACKGROUND & JUSTIFICATION: Richard and Linda Worabel were requesting to sublease their Lease 97-106 and found a clause in Article 14.2: "Article 14.2 (c.) LESSEE shall pay to CITY an amount equal to THIRTY-FIVE PERCENT (35%a) of sublease amounts received snider the sublease agreement in excess of existing Fair Market Rental Value of the Leased Land. The payment of such sublease amounts shall be dcre beginning with the quarterly rental payment due date inunediately following the date the CITY approves the sublease, or in accordance with such other payment plan as it mutually accepted by CITY and LESSEE. " The Worabel's do not think it is fair and consistent that other leases surrounding them do not have to pay the 35% sublease amount to the city. They have requested to remove this clause from Article 14.2 (c.). In 2008, when a new lease (08-002) in this same area was issued to a new LESSEE, this clause was not inserted into the new Lease. When the new city lease agreement was rewritten in 2012, this clause was not inserted by the then city attorney. The harbormaster has checked the remaining 46 city leases, and found only 97-102, 97-104 and 97-106 has this clause inserted. Richard Worabel and Linda Worabel have requested to remove Article 14.2 (c.) from their Lease 97-106 located at the Seward Boat Harbor to be fair with the other leases in the harbor area. The city would like to remove this clause from the remaining two leases 97-102 and 97-104 to be fair and consistent. If approved, a fair and consistent process will be viable for all the city leases. 24 INTENT: To remove Article 14.2 (c.) from Lease 97-102, 97 104 and 97-106 between the City of Seward and LESSEE'S, located in the Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. CONSISTENCY CHECKLIST: I Yes I No I N/A 1. Comprehensive Plan (docianent source here): Create a thriving port of Seward through harbor improvements, infrastructure expansion, X and implementation of manaizement plans (page 23) Strategic Plan (docianent source here): Attract New Industry: Develop an aggressive marketing campaign which highlights the X diverse resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. 1 Other (list): FISCAL NOTE: There is no fiscal impact associated with this resolution. Budgeted lease revenue did not include the additional 35% since the lessee had never requested a sublease until this year. Approved by Finance Department: ATTORNEY REVIEW: Yes —X—No RECOMAMNDATION: Approve Resolution 2021-0 -_ authorizing the city manager to remove Article 14.2 (c.) from leases 97-102, 97-104 and 97 106 in the form of this resolution and lease amendment for the three leases located within the Seward 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. W RICHARD & EINDA WORABEL P.O. BOX 2072 SEWARD, AK 99664 907-362-0033 April 26, 2021 To: The City of Seward and Counsel Members: RECEIVED MAY 0 4 2021 OFFICE OF THE CITY CLERK We, Richard and Linda Worabel, would like to petition the City to change a clause in our lease agreement for our Boardwalk Shop #5, doing business in the harbor for 24 years. Last year, 2020 season, we were unable to open due to Covid-19. We have decided for personal reasons, that it is time for someone new to establish a business there and have found a suitable and eager business to sublease from us. The problem now is if we sublease to them we will pay almost all profit to the City because of Article 14.2/C. We are asking you to please look at this clause and delete it from our lease agreement so we can move forward, We were informed that the City has 46 lease properties and this particular clause is in only 2 other leases. We respect your decision and would hope to maintain a good working relationship with the City of Seward for our property investments. Sincerely, Richard & Linda Worabel LEASE AMENDMENT NO. 3 (RE-1997-106) THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY", and, Richard Worabel, Linda Worabel and Jennifer Luiten, P.O. Box 2072 Seward, Alaska 99664, hereby agree that Article 14.2 of lease agreement 97-106, dated September 24, 1997, as amended, for Lot 9, Block 6, Seward Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska is hereby amended to read as follows: ARTICLE 14 — SUBLEASE OR ASSIGNMENT 14.2 Sublease Consent. CITY shall review, process and approve sublease consent requests subject to the following. (a) LESSEE shall provide a copy of the sublease agreement to CITY, including sublease amounts (b) LESSEE shall remain responsible for performance of all its obligations under the LEASE of the premises from CITY. A sub lessee shall be obligated to perform all terms and conditions of LEASE between the LESSEE and City with respect to the sublease of the premises, such terms and conditions shall be incorporated in the sublease agreement by reference. This Amendment No. 3 is effective as of 24 May, 2021. In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties. LEASE AMENDMENT NO. () Page 1 27 SIN WITNESS WHEREOF, the parties hereto have executed this document, and it is effective this ?T day of A% L , 2021. LESSOR: CITY OF SEWARD, ALASKA Norm Regis, Acting City Manager ATTEST: Brenda Ballou City Clerk (City Seal) LEASE AMENDNIEN T NO. 0 Page 2 LESSEE: Richard & Linda Worabel Jennifer Luiten By: ' Richard Worabel By: � Worabel By: _�___ Jennifer Luiten 28 STATE OF ALASKA } ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Norm Regis, known to me and to me known to be the Acting City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY PUBLIC IN AND FOR ALASKA My Commission Expires: STATE OF ALASKA } ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this Q 9-1�day of AMU-- , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Richard Worabel, known to me and me known, to be authorized to execute documents on behalf of the corporation, and is the individual named in and who executed the foregoing document, and he acknowledged to me that he executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. LEASE AMENDMENT NO. () Page N o-r 0-Y 9 u.6 Li c.. " , to vaL A LA,% r�A N`Y cc-A`w% SS,o,v 29 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this a 9 day of 1 L , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Linda Worabel, known to me and me known, to be authorized to execute documents on behalf of the corporation, and is the individual named in and who executed the foregoing document, and he acknowledged to me that he executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY : PUBLIC STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT tvb iA R-1 VU6LLL I fJ AN (0.(L- �ALA 5t -A rA-� GD I`�lvl.tS S�yu r✓ kXp 1 ij_k S . t t • 114 �, ,). THIS IS TO CERTIFY that on this ��day of r-, , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Jennifer Luiten, known to me and me known, to be authorized to execute documents on behalf of the corporation, and is the individual named in and who executed the foregoing document, and he acknowledged to me that he executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. r 0 s -5`�sefj�t LEASE AMENDMENT NO () pa" q NOTARY PUBLI IN AND FOR ALASKA My Commission Expires: 30 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AMENDMENT NO. 2 OF LEASE AGREEMENT 97-106 WITH RICHARD WORABEL AND LINDA WORABEL FOR LOT 9, BLOCK 6, SEWARD SMALL BOAT HARBOR SUBDIVISION, CITY OF SEWARD, ALASKA ACCORDING TO PLAT NO. 2000-19 SEWARD RECORDING DISTRICT THIRD JUDICIAL DISTRICT, STATE OF ALASKA TO EXTEND THE TERM OF THEIR LEASE BY THIRTEEN YEARS, TO ADD TWO THIRTY-THREE YEARS OPTIONS, AND TO ADD THEIR DAUGHTER JENNIFER WORABEL TO THE LEASE WHEREAS, the City is owner of real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, this parcel was leased to Richard Worabel and Linda Worabel in 1997 for a term of twenty years; and WHEREAS, the parties to the lease want to extend the term for an additional thirteen years with two additional thirty-three year options; and WHEREAS, Mr. and Mrs. Worabel also want to add their daughter Jennifer Worabel to the lease; and WHEREAS, the request is consistent with the City's Comprehensive Plan and the Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council has determined that the essential terms and conditions of the proposed lease amendment with Richard Worabel and Linda Worabel for the real property described as Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska are in the public's interest. Section 2. The City Manager is authorized to execute the lease amendment with the Worabel family in substantially the form as presented at this meeting. Section 3. This resolution shall take effect 30 days from the date and posting of adoption. Kai CITY OF SEWARD, ALASKA RESOLUTION 2015-108 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 141h day of December, 2015. AYES: NOES: ABSENT: ABSTAIN ATTEST: THE CITY OF SEWARD, ALASKA can Bardarson, Mayor Casagranda, Keil, Squires, Butts, McClure, Altermatt, Bardarson None None None 4Ci4 , vat k'g nna Kinne , CMC Clerk (City Seal) oe�nan�osae�� ®:q6F���t�}"��, • �i w • 14* OF ' ,a Cai1 j�Ii� 1:8 6 G {v 1 1 1 01� ATTORNEY REVIEW: Yes No X N/A X A comparable lease extension was sent to the attorney for review earlier this year with identical request; the attorney gave his approval for the lease extension. RECOMMENDATION: Approve Resolution 2015- 1,05 authorizing the City Manager to enter into a Lease Amendment with Richard Worabel and Linda Worabel for Lease 97-106 covering Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. 03 33 Agenda Statement Meeting Date: December 14, 2015 To: City Council Through: City Manager Jim Hutt From: Harbormaster Norm Regis Agenda Item: Richard Worabel and Linda Worabel Thirteen Year Lease Term Extension for Lease 97-106 at the Seward Small Boat Harbor; Also adding their daughter Jennifer Worabel as an additional Lessee BACKGROUND & JUSTIFICATION: Richard Worabel and Linda Worabel have requested to extend their lease by 13 years with two additional 33 year options (see attachment). If approved, a longer lease will afford greater security for financing purposes. The request also includes the addition of their daughter Jennifer Worabel as a Lessee. INTENT: To approve a lease amendment between the City of Seward and Richard Worabel and Linda Worabel on Lot 9, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Create a thriving port of 1. Seward through harbor improvements, infrastructure expansion, and X implementation of management plans (page 23). Strategic Plan (document source here): Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. Other (list): FISCAL NOTE: There is no fiscal impact of the proposed amendment. Approved by Finance Department: 2 t� 34 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and RICHARD A. WORABEL and LINDA WORABEL Effective Date: September 24, 1997 001 TABLE OF CONTENTS ARTICLE 1 — LEASED LAND ........................................ 1 1.1 Description of Leased Land .................................. 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title .................... 1 1.3 Survey of Leased Land ...................................... 2 1.4 Property Accepted "As -is" ................................... 2 1.5 Development of Leased Land ................................. 2 1.6 Permits................................................3 1.7 Platting................................................3 ARTICLE 2 — LEASE TERM ......................................... 3 2.1 Term..................................................3 2.2 Interim Right to Possession .................................. 4 2.3 Lease Subject to Referendum ..................... . ........... 4 2.4 Options to Extend ......................................... 4 ARTICLE 3 — RENTAL RATE ........................................ 4 3.1 Initial Rental Rate ......................................... 4 3.2 Rental Adjustments ........................................ 5 3.3 Procedure for Rental Adjustment ............................... 5 3.4 Effect of Late Appraisal by CITY ............................. . 6 3.5 Appraisal by LESSEE ...................................... 3.6 Effective Date of Adjusted Rental Rate ........................... 6 3.7 Late Payment Charge ...................................... 7 ARTICLE 4 — USE OF LEASED LAND ................................. 4.1 Use of Leased Land ........................................ 7 4.2 Obligations of LESSEE ..................................... 7 4.3 No Preferential Rights to Use Public Facilities ..................... 7 4.4 Adequacy of Public Facilities ................................. 7 4.5 Tariffs and Other Service Fees ................................ 7 4.6 Time for Payment of Utilities and Taxes ......................... 8 4.7 Other Uses..............................................8 4.8 Use of Public Docks and Port Facilities ......................... 8 ARTICLE 5 — UTILITIES AND RIGHTS OF ACCESS ...................... 8 5.1 Utilities................................................8 5.2 Third -Party Improvements ................................... 9 5.3 Easements..............................................9 LEASE AGREEMENT City - Worabel September 24, 1997 Page i [c% ARTICLE 6 — CONSTRUCTION BY LESSEE ........................... 10 6.1 Improvements on Leased Land ............................... 10 6.2 City Review of Construction ................................. 11 ARTICLE 7 — RETURN OF LEASED LAND/SITE CONDITIONS ............ 11 7.1 Return of Leased Land in Original Condition ..................... 11 7.2 Return of Leased Land in Different Condition ..................... 11 ARTICLE 8 — FORCE MAJEURE.................................... 12 ARTICLE 9 — CITY ACTS OF DEFAULT .............................. 12 ARTICLE 10 — REMEDIES FOR CITY'S ACTS OF DEFAULT .............. 12 ARTICLE 11 — LESSEE'S ACTS OF DEFAULT .......................... 13 ARTICLE 12 -- REMEDIES FOR DEFAULT BY LESSEE .................. 14 ARTICLE 13 — TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ....... 16 13.1 Real Property Improvements ................................. 16 13.2 Personal Property ........................................ 16 ARTICLE 14 — SUBLEASE OR ASSIGNMENT .......................... 16 14.1 Assignment of Lease or Subleasing ............................ 16 14.2 Sublease Consent ........................................ 16 14.3 Assignment of Lease for Security ....... 17 14.4 Assignment to Affiliate ..................................... 18 ARTICLE 15 — LESSEE'S DUTY TO DEFENDIINDEMNIFY ................ 18 ARTICLE 16 — CITY'S DUTY TO DEFEND/INDEMNIFY .................. 18 ARTICLE 17 — INSURANCE ......................... I .............. 18 17.1 Minimum Insurance Requirements ............................. 18 17.2 Subrogation Rights Waived .................................. 19 ARTICLE 18 — CONDEMNATION .................................... 19 ARTICLE 19 — ARBITRATION ...................................... 20 19.1 Consent Panel ........................................... 20 19.2 Formal Arbitration ....................................... 20 19.3 Arbitration Awards ....................................... 20 LEASE AGREEMENT City - Worabel September 24, 1997 Page ii 37 ARTICLE 20 — MAINTENANCE AND REPAIRS ......................... 20 20.1 Normal Maintenance ................................. I .... 20 20.2 Safety Issues ............................................ 21 20.3 Cost of Repairs .......................................... 21 ARTICLE 21 — ENVIRONMENTAL CONCERNS ......................... 22 21.1 Hazardous Materials ...................................... 22 21.2 Permits and Reporting ..................................... 24 ARTICLE 22 — ESTOPPEL CERTIFICATES ............................ 25 ARTICLE 23 — CONDITIONS AND COVENANTS ........................ 25 ARTICLE 24 — NO WAIVER OF BREACH ............................. 25 ARTICLE 25 — TIME OF THE ESSENCE .............................. 25 ARTICLE 26 — COMPUTATION OF TIME ............................. 25 ARTICLE 27 — SUCCESSORS IN INTEREST ............................ 25 ARTICLE 28 — ENTIRE AGREEMENT ................................ 26 ARTICLE 29 — GOVERNING LAW ................................... 26 ARTICLE 30 — PARTIAL INVALIDITY ................................ 26 ARTICLE 31 — RELATIONSHIP OF PARTIES .......................... 26 ARTICLE 32 — INTERPRETATION ................................... 26 ARTICLE 33 — NUMBER AND GENDER ............................... 26 ARTICLE 34 — MANDATORY AND PERMISSIVE ....................... 26 ARTICLE 35 — CAPTIONS ....................................... . . . 27 ARTICLE 36 — AMENDMENT ....................................... 27 ARTICLE 37 — NOTICES ........................................... 27 ARTICLE 38 — FIRE PROTECTION .................................. 27 LEASE AGREEMENT City - Worabel September 24, 1997. Page iii 38 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska and whose mailing address is PO Box 167, Seward, Alaska. 99664, and RICHARD A. WORABEL and LINDA WORABEL (the "LESSEE"), whose mailing address is PO Box 2072, Seward, Alaska 99664. WHEREAS, LESSEE has indicated its desire to lease a parcel of land located along the boardwalk in the Small Boat Harbor, an area of approximately 1,220± square feet in size (the "Leased Land"); and WHEREAS, the City Council of CITY has determined that a lease of the Leased Land to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with present or future environmental regulations or controls with respect to LESSEE`s operations on the Leased Land during the lease term. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 — LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: A portion of Block 6, Oceanview Subdivision, Seward Recording District, Third Judicial District, State of Alaska, and more particularly described as Seward Small Boat Harbor Boardwalk Lease Site No. S, containing 1,220 square feet, more or less. The Leased Land is depicted on the attached Exhibit A, which is incorporated herein by reference. The parties intend that Exhibit A serve as an description of the Leased Land to identify the Leased Land sufficiently for purposes of public hearing and approval of this LEASE by the City Council of CITY, and for purposes of the revocable license granted to LESSEE in Section 2.2. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances of record as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by the CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that: LEASE AGREEMENT City - Worabel September 24, 1997 Page 1 39 a) LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE; b) CITY owns the Leased Land in fee, and, subject to the conditions described in Section 2.2, is fully empowered to enter into this Lease. c} CITY is unaware of any prior conflicting use of the property that would adversely affect LESSEE'S intended use of the subject parcel. 1.3 Survey of Leased Land. Within ninety (90) days from the date of this LEASE, LESSEE, at its sole cost, will cause the Leased Land to be surveyed and platted by a land surveyor registered in the State of Alaska. A copy of the drawing and description of the Leased Land based upon this survey shall be attached to this LEASE as Exhibit B and shall be incorporated herein by reference. The description of the Leased Land in Exhibit B shall supersede the description in Exhibit A, and shall be considered the correct description of the Leased Land for all purposes under this LEASE. LESSEE shall provide CITY a copy of any and all surveys within ten (10) days of LESSEE's receipt of any and all surveys. CITY shall have the right to comment upon any and all surveys, but the exercise of this right shall not imply any obligation to do so or any obligation to do so in any particular way. If CITY objects to the surveyor's conclusions in the survey, CITY may give written notice to LESSEE of CITY's objection within thirty (30) days of receipt of the survey. CITY shall then engage a second land surveyor registered in the State of Alaska at CITY's expense to make a second survey of the Leased Land. CITY shall provide LESSEE a copy of the second survey within ten (10) days of CITY's receipt of the second survey. Unless CITY and LESSEE agree which survey is acceptable, the acceptable survey shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 1.4 Property Accepted "As -is". LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY, or agents of CITY, as to the actual physical condition or characteristics thereof, including but not limited to the description of the Leased Land found in Section 1.1 and Exhibit A. 1.5 Development of Leased Land. LESSEE shall construct a building on the Leased Land, subject to the terms and conditions described in Article b, for the operation of LESSEE's retail business. LESSEE understands that construction and operation of its marine -related business is a major consideration for CITY's agreement to lease the Leased Land to LESSEE, and LESSEE agrees to commence the construction of said building by no later than April 15, 1998. LESSEE shall not operate any other business on the Leased Land without the consent of the CITY. LEASE AGREEMENT City - Worabel September 24, 1997 Page 2 40 a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Small Boat Harbor. b) In accordance with the provisions of Article 14, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Small Boat Harbor. 1.6 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY agrees from time to time, upon request of LESSEE, to execute such documents, petitions, applications and authorizations as may be necessary to obtain from the agency or public body responsible therefor any conditional use permits, zoning and rezoning, tentative and final tract approval and precise plan approval that is required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits) or the Environmental Protection Agency (e.g., Clean Air Act permits). 1.7 Platting. CITY intends to re -plat all the public property on a periodic basis in order to ensure the orderly development of the property and as leases are entered into with various tenants. CITY agrees to include the Leased Land in the next re -plat in accordance with the description prepared by LESSEE under Section 1.3 herein. If LESSEE requests a re -plat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the re -plat, and LESSEE shall reimburse CITY for the CITY's direct costs in assisting in the preparation and filing of the re - plat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or re -platting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by the CITY or other governmental authorities as a condition to record the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. ARTICLE 2 — LEASE TERM 2.1 Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization Resolution No. 97- (the "Resolution"). The Lease Term LEASE AGREEMENT September 24, 1997 City - Worabel Page 3 is shall commence with the effective date of the Resolution, and shall run for twenty (20) years, ending September 23, 2017. 2.2 Interim Right to Possession. LESSEE is hereby granted a revocable license to enter upon the Leased Land prior to the expiration of 30 days from the date of passage and posting of the Resolution, subject to the terms of this Section. The granting of a revocable license to LESSEE under this Section is for the convenience of LESSEE only and does not grant any interest in the Leased Land. During the term of this revocable license, LESSEE shall not engage in any storage of materials, clearing, grading, excavation or construction of improvements on the Leased Land. CITY may revoke the license granted by this Section at any time, including without limitation upon the filing with the Clerk of CITY a petition for referendum on the Resolution. 2.3 Lease Subject to Referendum. LESSEE understands and assumes the risk that under the Charter and Code of CITY this LEASE may be voided by referendum. The revocable license granted in Section 2.2 shall not affect or reduce the right of the voters of the City of Seward to reject this LEASE by referendum. LESSEE agrees that if the Resolution is the subject of a referendum petition filed with the Clerk of CITY during the term of the revocable license granted by Section 2.2, LESSEE shall have no rights under this LEASE unless and until the Resolution is approved by the voters of the City of Seward, and LESSEE shall not be entitled to any damages or any other relief against CITY in the event the Resolution is not so approved. 2.4 Options to Extend. LESSEE shall have the right to extend the initial term of this LEASE for two (2) additional five- (5) year periods (cumulative extensions not to exceed ten (10) years), provided that: a) LESSEE exercises any applicable option to extend at least one hundred eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; c) LESSEE shall exercise its options to renew by sending written notice thereof in accordance with the provisions of Article 37 of this LEASE; and d) The City Council of CITY, at the time each option is exercised, approves the extension by resolution or ordinance. ARTICLE 3 — RENTAL RATE 3.1 Initial Rental Rate. Commencing on the effective date of this LEASE through December 31, 1997, the annual rental rate for the Leased Land shall be TWO THOUSAND SEVEN HUNDRED EIGHT DOLLARS ($2,708). Commencing LEASE AGREEMENT City - Worabel September 24, 1997 Page 4 EK January 1, 1998 through June 30, 2000, an adjusted rental rate will be calculated at a rate of TWO DOLLARS AND TWENTY-TWO ($2.22) per square foot of the Leased Land, as determined by the survey/plot plan performed in accordance with Section 1.3. Rent shall be payable quarterly in advance on or before the 20th day of the month following the beginning of each calendar quarter: January 20, April 20, July 20 and October 20. 3.2 Rental Adjustments. As soon as is practical after execution of this LEASE and before June 30, 2000, CITY shall, at its own expense, retain an independent MAI-certified appraiser who shall determine the "Fair Market Rental Value" of the Leased Land. On July 1, 2000, and the date every five years thereafter (each a "Rental Adjustment Date"), the total annual rental to be paid under the terms of this LEASE shall be adjusted to the Fair Market Rental Value at the highest and best use of the Leased Land, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY may at its own expense, retain an independent MAI-certified appraiser who shall determine the adjusted annual rental rate at the Fair Market Rental Value of the Leased Land in accordance with Section 3.2 The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE gives notice of objection. If LESSEE objects to the appraiser's determination of the Fair Market Rental Value, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage a second 'independent MAI-certified appraiser at LESSEE's expense to make a second appraisal of the Fair Market Rental Value in accordance with Section 3.2. If the second appraisal determines a Fair Market Rental Value that varies from that determined by the first appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the appraisals. If the second appraisal determines a Fair Market Rental Value that varies from the first appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the Fair Market Rental Value and the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this Lease. LEASE AGREEMENT City - Worabel September 24, 1997 Page 5 43 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to the LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent MAI-certified appraiser at LESSEE's expense to make an appraisal under the terms of Sections 3.2 and 3.3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to the appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage a second independent MAI-certified appraiser at CITY's expense to make a second appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with Section 3.2. If the second appraisal determines a Fair Market Rental Value that varies from that determined by the first appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the second appraisal determines a fair market Rental Value that varies from the first appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the Fair Market Rental Value and the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this Lease. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if the CITY provided a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date. The adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to CITY. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was LEASE AGREEMENT City - Worabel September 24, 1997 Page 6 44 established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5 % per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50_ ARTICLE 4 — USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable city zoning code provisions and provided the following conditions are met: a) Site is to be completely cleaned and restored to its present condition or better upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of hazardous materials on the Leased Land. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port public facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations and scheduled fees from time to time even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. LEASE AGREEMENT City - Worabel September 24, 1997 Page 7 tR 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land to LESSEE should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 — UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all city regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. CITY adopted the Uniform Building Code, 1991 edition, and all construction will be in compliance thereto. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by the CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. LEASE AGREEMENT City - Worabel September 24, 1997 Page 8 t 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of leased land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's efficient operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. LEASE AGREEMENT City - Worabel September 24, 1997 Page 9 47 ARTICLE 6 -- CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) LESSEE shall cause to be constructed on the Leased Land a building for its retail business by June 1, 1998. b) The cost of any such construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. c) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. d) LESSEE shall supply CITY with a copy of all building plans and specifications and a site plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. e) LESSEE, upon commencement of permissible building or construction activities on the Leased Land, shall continue such activities through to completion with diligence and continuity. f) On completion of the improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed. g) Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurance or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such terns is defined in AS 10.06.990(2)t, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). 1Affiliate means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subject to the Alaska Corporations Code. LEASE AGREEMENT City - Worabel September 24, 1997 Page 10 48 h) CITY may, as contemplated by Alaska Statutes, give notice of non - responsibility for any improvements constructed or effected by LESSEE on the Leased Land. i) LESSEE shall comply with all federal, state and local statutes and regulations with respect to such construction including any required finding by the City Council of Seward that such action is in the public interest. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 above, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 — RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 13.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition, or better, as at the commencement of this LEASE, ordinary wear and tear excepted. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from LESSEE's operations. 7.2 Return of Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this LEASE for any reason LESSEE may return the Leased Land in a re -contoured or graded condition different from its original condition provided CITY has granted written approval of LESSEE's plans for development of the Leased Land contours, including its plans for material extraction and final grade. LEASE AGREEMENT City - Worabel September 24, 1997 Page 11 49 ARTICLE S -- FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE, due to acts of God, acts of the enemies of the United States of America, sabotage, war, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 -- CITY ACTS OF DEFAULT Each of the following shall be a "CITY Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, when they are used in this LEASE, any one or more of the following events: 9.1 Failure by CITY to fulfill, observe or perform any covenants or agreements on its part to be observed or performed under this LEASE for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, bas been given to CITY by LESSEE; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by CITY within the applicable period and diligently pursued until the default is corrected. 9.2 Violation by CITY of any applicable laws or regulations of the United States, the State of Alaska, the Kenai Peninsula Borough, or the City of Seward or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government pursuant to the regulations of such agencies for a period of sixty (60) days after written notice specifying such violation has been given by the agency to CITY; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by CITY within the applicable period and diligently pursued until the violation is corrected. Furthermore, if CITY shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined, provided such proceedings are diligently pursued. ARTICLE 10 — REMEDIES FOR CITY'S ACTS OF DEFAULT 10.1 Whenever an act of default by CITY shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, LESSEE shall have the following rights and remedies in addition to any rights and remedies that may be given to LESSEE by statute, common law or otherwise: a) Withhold payment of any rent otherwise due CITY; LEASE AGREEMENT September 24, 1997 City - Worabel Page 12 50 b) Refuse to proceed with any of LESSEE's other performance obligations under this LEASE; c) Recover whether this LEASE be terminated or not from CITY reasonable attorney's fees and all other expenses incurred by LESSEE by reason of the default by CITY; and d) Declare this LEASE terminated. 10.2 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of CITY's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.3 Each right and remedy of LESSEE provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by LESSEE of any one or more of the rights and remedies provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by LESSEE of any or all other rights or remedies provided for in this LEASE, now or thereafter existing at law or in equity or by statute or otherwise. 10.4 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 — LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 11.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 11.2 Failure by LESSEE to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this LEASE for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is LEASE AGREEMENT City - Worabel September 24, 1997 Page 13 61 instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 11.3 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 11.4 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. 11.5 Failure by LESSEE to construct, in accordance with Article 6 hereof, a building for its retail business on the Leased Land and place the facility in service by June 1, 1998. ARTICLE 1.2 -- REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law or otherwise: 12.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska LEASE AGREEMENT City - Worabel September 24, 1997 Page 14 6% Uniform Commercial Code (AS 45.09.504) with respect to sale of property shall be a commercially reasonable disposal. 12.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under sub- paragraph 12.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 12.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from sublessees or other occupants of the Leased Land; c) Recover, whether this LEASE be terminated or not, reasonable attorney's fees from LESSEE and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the rent reserved under this LEASE discounted to the date of such breach at the rate of eight percent (8 %) per year. If the Leased Land or any part thereof be re -let by CITY for the unexpired term of this LEASE, CITY shall reimburse to LESSEE upon receipt an amount not to exceed the amount received by CITY under this paragraph. 12.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 12.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 12.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by LEASE AGREEMENT City - Worabel September 24, 1997 Page 15 53 statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 12.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 13 — TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 13.1 1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY without cost to CITY. 13.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 14 — SUBLEASE OR ASSIGNMENT 14.1 Assignment of Lease or Subleasing. The parties recognize that the LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the Resolution. LESSEE may only assign or sublease this LEASE of the Leased Land with CITY's prior written consent which shall be granted if the use of the Leased Land by the proposed assignee or sublessee is: a) Compatible with the use of adjacent lands; b) A permitted use under the then existing zoning regulations and comprehensive land use plan; and c) Found to be in the public interest by the City Council of CITY to such assignment or subletting. 14.2 Sublease Consent. CITY shall review, process, and approve sublease consent requests subject to the following: LEASE AGREEMENT City - Worabel September 24, 1997 Page 16 54 a) LESSEE shall provide a copy of the sublease agreement to CITY, including sublease amounts. b) LESSEE shall remain responsible for performance of all its obligations under the LEASE of the premises from CITY. A sublessee shall be obligated to perform all terms and conditions of LEASE between LESSEE and CITY with respect to the sublease of the premises, and such terms and conditions shall be incorporated in the sublease agreement by reference. c) LESSEE shall pay to CITY an amount equal to THIRTY-FIVE PERCENT (35 %) of sublease amounts received under the sublease agreement in excess of the existing Fair Market Rental Value of the Leased Land.. The payment of such sublease amounts shall be due beginning with the quarterly rental payment due date immediately following the date the CITY approves the sublease, or in accordance with such other payment plan as is mutually accepted by CITY and LESSEE. 14.3 Assignment of Lease for Security. Notwithstanding Section 14.1 above, LESSEE may assign, encumber or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 12 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 11.3, CITY shall not exercise any of the remedies afforded to it under Article 12 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or LEASE AGREEMENT City - Worabel September 24, 1997 Page 17 6si.. dispose of its interests, provided that any subsequent assignee, purchaser or transferee shall remain bound by each and every term of this LEASE. 14.4 Assignment to Affiliate. LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2); provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 15 -- LESSEE'S DUTY TO DEFENDIINDEMNIFY LESSEE shall defend, indemnify and hold CITY harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising out of or resulting from LESSEE's use of the Leased. Land or the use of the Leased Land by LESSEE's sublessees, agents or contractors or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its agents, employees, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 16 — CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising from the sole negligence or willful acts or omissions of CITY, its agents, employees, or contractors or from conditions existing or activities occurring on the Leased Land prior to the effective date of this LEASE. ARTICLE 17 — INSURANCE 17.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, commercial general liability insurance, with limits of liability of ONE MILLION DOLLARS ($1,000,000) for all injuries and/or deaths resulting to any one person and ONE MILLION DOLLARS ($1,000,000) limit from any one occurrence. Coverage under such insurance shall also include explosion, collapse and underground property damage hazards. Such insurance shall include contractual liability. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY may notify LESSEE of any requested increase in insurance coverage. LEASE AGREEMENT City - Worabel September 24, 1997 Page 18 6V-11 All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 37 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). LESSEE shall furnish CITY, on forms supplied by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. 17.2 Subrogation Rights Waived. All of the insurance policies required above as well as any other insurance carried by LESSEE or CITY shall provide that the insurers waive their rights of subrogation against each other and their respective officers, servants, agents or employees. LESSEE and CITY further agree to waive and agree to have their insurers waive any rights of subrogation (whether by loan receipts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether insured or not. LESSEE shall also name CITY as an additional insured on the general liability insurance policy maintained by LESSEE as required above, excluding coverage for claims resulting from CITY's sole negligence. ARTICLE IS — CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE LEASE AGREEMENT City - Worabel September 24, 1997 Page 19 57 determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 19 — ARBITRATION Any dispute between CITY and LESSEE with respect to any provision of this LEASE or the rights and obligations of the parties hereunder shall be decided by arbitration, in accordance with the provisions of this Section. 19.1 Consent Panel. The party desiring arbitration of a dispute shall give written notice to that effect to the other party specifying in such notice the name and address of a person to serve as an arbitrator. Within fifteen (15) days after receipt of such notice the other party shall give written notice to the first party specifying the name and address of another person designated to serve as an arbitrator. If neither party has objected to the other's designation within fifteen (15) days of the notice by the second party of its designation of an arbitrator, then the two chosen arbitrators (called the "consent panel") shall select a third person agreeable to both to become the third member of the consent panel. The consent panel may utilize informal techniques and hold informal hearings without reference or adherence to the rules or procedures of the American Arbitration Association. Promptly and within thirty (30) days of concluding any proceeding the consent panel shall render its written decision. It is the intent of this subparagraph to provide for a speedy and inexpensive resolution of disputes provided the parties agree to such a procedure. 19.2 Formal Arbitration. If either party objects, within fifteen (15) days of the second party's designation of an arbitrator to the other's choice of an arbitrator pursuant to paragraph 19.1 above, or the party desiring arbitration initially decides not to use the consent panel procedure, then the matter shall be promptly referred to the American Arbitration Association in accordance with the then existing rules of the American Arbitration Association. 19.3 Arbitration Awards. Any award by either a consent panel or as a result or proceedings before a panel pursuant to the rules of the American Arbitration Association shall be enforceable in accordance with Alaska Statutes. Any award shall include an award of costs, interest and attorney fees to the prevailing party. ARTICLE 20 — MAINTENANCE AND REPAIRS 20.1 Normal Maintenance. During the entire term of this LEASE and every renewal or extension hereof, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the LEASE AGREEMENT City - Worabel September 24, 1997 Page 20 58 Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, ordinary wear and tear excepted. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. 20.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk and expense. 20.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrators it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility LEASE AGREEMENT City M Worabel September 24, 1997 Page 21 59 require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 21 — ENVIRONMENTAL CONCERNS 21.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. b) Release of CITY. Any other provision of this LEASE to the contrary notwith- standing, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising during and after the term of this LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the site by LESSEE, or arising out of or resulting from LESSEE's operations at the site except for those arising out of the CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Leased Land LEASE AGREEMENT City - Worabel September 24, 1997 Page 22 60 or elsewhere; or (b) condition, use or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material; iii) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 21.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur during the term of this LEASE; and (2) arise in whole or in part from the use of, operations on, or activities on the Leased Land by LESSEE or their employers, employees, agents, invitees, contractors, subcontractors or authorized representatives. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Facility Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. LEASE AGREEMENT September 24, 1997 City - Worabel Page 23 61 f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 21.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The City Manager may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. LEASE AGREEMENT City - Worabel September 24, 1997 Page 24 62 ARTICLE 22 — ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 23 — CONDITIONS AND COVENANTS All the provisions of this LEASE shall be deemed as running with the land, and shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 24 — NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 25 — TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 26 — COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. ARTICLE 27 — SUCCESSORS IN INTEREST Each and all of the terms, covenants and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. LEASE AGREEMENT City - Worabel September 24, 1997 Page 25 63 ARTICLE 28 -- ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 29 — GOVERNING LAW This LEASE shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, including without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 30 — PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. ARTICLE 31 — RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 32 — INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the assistance of counsel in drafting and reviewing this LEASE. ARTICLE 33 — NUMBER AND GENDER In this LEASE, the neuter gender includes the masculine and the feminine, and the singular number includes the plural; the word "person" includes corporation, partnership, firm or association wherever the context so requires. ARTICLE 34 — MANDATORY AND PERMISSIVE "Shall," "will" and "agrees" are mandatory; "may" is permissive . LEASE AGREEMENT City - Worabel September 24, 1997 Page 26 64 ARTICLE 35 — CAPTIONS Captions of the articles, paragraphs and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this LEASE. ARTICLE 36 — AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 37 — NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Richard A. Worabel Linda Worabel PO Box 2072 Seward, Alaska 99664 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 38 — FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry LEASE AGREEMENT City - Worabel September 24, 1997 Page 27 65 accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEES obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth.. CITY: CITY OF SEWARD 41A"' r- /�'A V By: (Tald A. ini J Its: City � Manag Date: R4 q 7 ATTEST: City Clerk �.�ity Seal) y C LRA,SE' AGREEMENT City Wbrabel LESSEE: Richard A. Worabel Date._9— 7 — —'['-" Lin a orabel Date: �3— -4 " R SUBMITTED BY: Foster M. Singleton, September 24, 1997 Page 28 66 STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this2gk2day of rersonally 1997, before me, the undersigned, a Notary Public in and for the State of Alaskaappeared Ronald A. Garzini, known to me and to me known to be the city manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand � 41o(�qal the day and year first hereinabove written. STATE OF ALASKA ter, Q,�: • ' • • T A�,'� .13 co -'0 ��, o= ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this -- day of 1'2� 1997, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Richard A. Worabel and Linda Worabel, known to me and to me known to be the individuals named in and who executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. LEASE AGREEMENT City - Worabel Hito 4'. oTA'�r p� otary Public in d for Alas a My Commission Expires: I q —4. ..r., .Z= Ca.oLxG'C7 7�ll�1f111��� September 24, 1997 Page 29 67 Exhibit A Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING SIGNATURES FOR ALL CITY BANK ACCOUNTS AND RESCINDING ALL PREVIOUS RESOLUTIONS IN CONFLICT HEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Any two of the following signatures shall appear on all checks, drafts, notes or orders drawn against the City of Seward bank accounts maintained at the Seward Branch of Wells Fargo or the Seward Branch of the First National Bank of Anchorage: Melody Moline, Acting Finance Director Janette Bower, City Manager Stephen Sowell, Assistant City Manager Brenda Ballou, City Clerk Section 2. Any one of the above persons shall have access to and full power to remove the contents of and to exchange or surrender the safe deposit boxes rented by the City of Seward located at the Seward Branch of Wells Fargo under the terms of the City of Seward's banking services agreement with Wells Fargo. Section 3. Any one of the above persons shall have authority to invest City monies with financial institutions as prescribed by the Seward City Code Chapter 5.15, Investment and Collateralization of Public Funds. Section 4. All previously approved resolutions in conflict herewith are hereby rescinded. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 69 Council Agenda Statement Meeting Date: May 24, 2021 Through: Janette Bower, City Manager From: Sam Hickok, Deputy Finance Director Agenda Item: Authorization for Banking Signatures BACKGROUND & JUSTIFICATION: The Seward City Council is required to pass a resolution listing the individuals authorized to invest monies and/or sign banking documents on behalf of the City of Seward. The recent onboarding of the new City Manager as well as the departure of the Finance Director provide the need to update this authorization. This action forms the basis upon which signature cards will be updated at the local banking institutions, and checks and City payments and investments will be authorized on behalf of the City. While each individual listed on the resolution is authorized to act on behalf of the City, the City's practice is to have two separate individuals authorize every investment, approve all City payments, and authorize all electronic banking transactions. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3 Other (list): Seward City Code 5.15 Investment & Collateralization of Public Funds X ATTORNEY REVIEW Yes X No FISCAL NOTE This action has no fiscal impact on the City. Approved by Finance Department: RECOMMENDATION Seward City Council approve Resolution 2021-Oupdating the authorized signatories to the City of Seward's bank accounts and rescinding previous resolutions in conflict herewith. 70 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS FROM THE STATE OF ALASKA HISTORIC PRESERVATION FUND (HPF) — AMENDMENT #1 IN THE AMOUNT OF $5,235, WITH A REQUIRED MATCH OF $410, FOR THE FY2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" PROJECT ON BEHALF OF THE SEWARD HISTORIC PRESERVATION COMMISSION, AND APPROPRIATING FUNDS WHEREAS, on July 17, 2020, the State of Alaska, Department of Natural Resources, Historic Preservation Office awarded a 40/60 matching Historic Preservation Fund (HPF) Program Grant 920005 Seward Historical Tour: Public Education Signage Project to the City of Seward, a Certified Local Government (CLG) in the amount of $18,765 in federal funds; and WHEREAS, the purpose of this grant project is to install interpretive signs to highlight sites of interest as part of a Historic Seward Walking Tour; and WHEREAS, on September 14, 2020, the City of Seward accepted the HPF-CLG Grant 920005 Seward Historical Tour: Public Education Signage Project on behalf of the Seward Historic Preservation Commission (SHPC) via Resolution 2020-079; and WHEREAS, SHPC began grant work on the project at the October 8, 2021 HP regular meeting and accumulated 847.45 in kind Commissioner volunteer hours by March, far beyond the 300 hours committed for the City's match; and WHEREAS, SHPC researched, labored and worked with property owners to establish a list of properties, develop signs, submit drafts for review, secure volunteer work for a map and finalize signs for production; and WHEREAS, on April 23, 2021, SHPC submitted a request to increase the federal share by $5235, for a grant total of $24,000 to cover costs of signage design, production, and associated installation materials expected to exceed the original reimbursement to the City; and WHEREAS, the State Historic Preservation Office (SHPO) submitted Amendment 1, Budget Adjustment for approval on April 30, 2021 to increase the federal share by $5,235 to meet project goals and to use in kind volunteer hours to meet the City's 40% Sponsor Share of $3,216; and WHEREAS, there is an increase in the 8.5% State Indirect on Fed Share of $410, so the cash cost of this amendment to the City will be $410; and VA CITY OF SEWARD, ALASKA RESOLUTION 2021-061 WHEREAS, SHPC recommends accepting the Amendment 1, Budget Adjustment for HPF-CLG Grant 920005 Seward Historical Tour: Public Education Signage Project so the community of Seward may experience the full benefit of this project this summer; and WHEREAS, the period of the grant upon full execution ends June 30, 2021 with no option for an extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to accept Amendment 91, Budget Adjustment and appropriate funds in the amount of $4,825 from state grant revenue account no. 01000-1111-4252-0011 to contracted services account no. 01000-1111-7009-0011 to pay vendors for services rendered to fulfill the HPF-CLG Grant 920005: Seward Historical Tour: Public Education Signage Project. Section 2. Funding in the amount of $410 from the City of Seward to pay the State Indirect Cost on Federal Share is hereby appropriated from General Fund reserves account no. 01000-0000- 3400 to the Seward Historic Preservation Commission contracted services account no. 01000-1111- 7009-0011. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) VA Council Agenda Statement Meeting Date: May 24, 2021 To: City Council Through: Janette Bower, City Manager From: Valarie Kingsland, Library & Museum Director Agenda Item: A Resolution Of The City Council Of The City Of Seward, Accepting Funds From. Amendment 1, Budget Adjustment For The Alaska Historic Preservation Fund (HPF) CLG Grant #20005 For The Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources, Historic Preservation Office awarded a 40/60 matching Historic Preservation Fund (HPF) Program Grant #20005 in the amount of $18,765 to the Seward Historic Preservation Commission (SHPC) of the City of Seward, a Certified Local Government (CLG), on July 17, 2020, for the Seward Historical Tour: Public Education Signage Project. This project proposes to install interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. City of Seward Council Resolution 2020-079 was approved on September 14, 2020 and funds were appropriated. The match consists of 60% Federal Share and 40% Sponsor Share. The Sponsor Share may include in -kind volunteer hours, donated work and funds. An 8.5% State indirect cost on the Federal Share is also required. The SHPC began grant work for this project at the October 8, 2021 SHPC regular meeting and accumulated 847.45 in kind Commissioner volunteer hours by March, far beyond the 300 hours committed to for the City's match. The commission researched, labored and worked with property owners to establish a list of sites, develop signs, submit drafts for review, secure volunteer work for a map and finalize signs for production. There has been much community interest and support for this project as well as monetary donations to ensure the success of this project. The SHPC submitted a request on April 23, 2021 to increase the federal share of this grant from $18,765 to $24,000, an increase of $5,235, to cover costs of signage design, production and associated installation materials expected to exceed the original reimbursement to the City. The State Historic Preservation Office submitted Amendment 1, Budget Adjustment for approval on April 30, 2021 to increase the federal share by $5,235 to meet project goals and to use in kind volunteer hours to meet the City's 40% Sponsor Share of $3,216. There is also an increase in the 8.5% State Indirect on Fed Share for Amendment 1 of $410 to be paid in cash by the City. Amendment 1 Budget Adjustment includes an increase in the federal share by $5,235 and moving funds from personal services to contractual services. All other provisions remain the same. The full 73 execution of the grant agreement ends June 30, 2021, with no option for an extension. Expect a presentation to Council on June 28tn Cost Categories Original Amend. 1 Change Contractual 17,825 27,971 10,146 Personal Services 5,000 5,000 Supplies & Materials 4,500 2,395 (2,105) Travel 1,500 1,500 Subtotal 28,825 36,866 8,041 Project Costs for Grant Calculation Purposes 40% Sponsor Share of Project 11,530 14,746 3,216 (City Cost, vol. hours) 60% Fed. Share of Project Costs 17,295 22,120 4,825 (Cash to City) 8.5% State Indirect on Fed Share 1,470 1,880 410 (City Cost, cash) Total Federal Share I8,765 24,000 5,235 (Fed Cost) Subtotal 28,825 36,866 8,041 Potential Reimbursement to City 17,295 22,120 4,825 INTENT: Council approval to accept the Amendment 1, Budget Adjustment for the HPF-CLG Grant #20005 for the Seward Historical Tour: Public Education Signage Project and appropriate the Fed Share of Project Costs of $4825.00 in cash for the City to reimburse the vendors for services rendered for the project and $410 for the State Indirect on Fed Share to be paid by the City in cash. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan 2.2.3 Support activities initiated by the Seward 1. Historic Preservation Commission (SHPC). 3111111 Promote x seasonal and ear -round tourism, including heritage tourism. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-11 History and Sense of Community pg. 13 x Other (list): Seward Historic Preservation Plan 7.1 Opportunities: Educate citizens on historic preservation and the benefits to our community. Historic sites should be identified and labeled. Enhance 3 heritage tourism opportunities. Develop a sense of history among the populous by recognizing local culture. 8.1 Immediate Action: Identify x and share economic benefits of historic preservation. 8.2 Long-term Ambitions: Educate local community about preservation in order to engage them in preservation efforts. FISCAL NOTE: Funds received from the Historic Preservation Fund for HPF-CLG Grant #20005 will be appropriated from state grant revenue account no. 01000-1111-4252-0011 to Seward Historic Preservation Commission account number 01000-1111-7009-0011 to reimburse vendors for services rendered for this grant project. Matching funds in the amount of $410 will be appropriated from General Fund reserves account no. 01000-0000-3400. 74 Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: 1. Approve Council Resolution 2021- d� , A Resolution Of The City Council Of The City Of Seward, Accepting Funds From Amendment 1, Budget Adjustment For The Alaska Historic Preservation Fund HPF-CLG Grant #20005 For The Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. 2. Direct City Manager to accept Amendment 1, Budget Adjustment for the HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $4,825.00 to reimburse the vendors for services rendered for the project. 3. Appropriate $410 for the State Indirect Cost on Federal Share to be paid by the City in cash. VAR Sponsored by: Seward Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2021-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING COUNCIL ACCEPT AND APPROPRIATE FUNDS FROM AMENDMENT 1, BUDGET ADJUSTMENT FOR THE ALASKA HISTORIC PRESERVATION FUND HPF-CLG GRANT #20005 FOR THE SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE PROJECT WHEREAS, the State of Alaska, Department of Natural Resources, Historic Preservation Office awarded a 40/60 matching Historic Preservation Fund (HPF) Program Grant #20005 Seward Historical Tour: Public Education Signage Project to the City of Seward, a Certified Local Government (CLG), in the amount of $18,765 in federal funds on July 17, 2020; and WHEREAS, the purpose of this grant project is to install interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour; and WHEREAS, the City of Seward accepted the HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project on behalf of the Seward Historic Preservation Commission (SHPC) on September 14, 2020; and WHEREAS, the Seward Historic Preservation Commission (HP) began grant work on the project at the October 8, 2021 HP regular meeting and accumulated 847.45 in kind Commissioner volunteer hours by March, far beyond the 300 hours committed for the City's match; and WHEREAS, the commission researched, labored and worked with property owners to establish a list of properties, develop signs, submit drafts for review, secure volunteer work for a map and finalize signs for production; and WHEREAS, the commission submitted a request on April 23, 2021 to increase the federal share by $5,235 for a total of $24,000 to cover costs of signage design, production and associated installation materials expected to exceed the original reimbursement to the City; and WHEREAS, the State Historic Preservation Office submitted Amendment 1, Budget Adjustment for approval on April 30, 2021 to increase the federal share by $5,235 to meet project goals and to use in kind volunteer hours to meet the City's 40% Sponsor Share of $3,216; and WHEREAS, there is an increase in the 8.5% State Indirect on Fed Share of $410 so the cash cost of this amendment to the City will be $410; and WHEREAS, the Seward Historic Preservation Commission recommends accepting the Amendment 1, Budget Adjustment for HPF-CLG Grant #20005 Seward Historical Tour: Public Education Signage Project, so the community of Seward may experience the full benefit of this rV CITY OF SEWARD, ALASKA RESOLUTION 2021-005 project this summer; and WHEREAS, the period of the grant upon full execution ends June 30, 2021 with no option for an extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward Historic Preservation Commission recommends that council accept the Amendment 1, Budget Adjustment for the HPF-CLG Grant 420005 for the Seward Historical Tour: Public Education Signage Project and appropriate the Fed Share of Project Costs of $4825.00 in cash for the City to reimburse the vendors for services rendered for the project and $410 for the State Indirect on Fed Share to be paid by the City in cash. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Historic Preservation Commission of the City of Seward, Alaska, this 13"' day of May, 2021. AYES: Ward, Pemberton, Benoit, Seese NOES: None ABSENT: Libbrecht ABSTAIN: None ATTEST: Jessica Stallard, CMC Acting City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Cheryl See , Chair 77 THE STATE 'ALASKA GOVERNOR MCHAEL J. DUNLEAVY April 30, 2021 Jessica Stallard, CMC Deputy City Clerk City of Seward P.O. Box 167 Seward, AK 99664 jstallard@cityofseward.net Re: Amendment 1, Budget Adjustment for HPF # 20005 Seward Historical Tour: Public Education Signage Dear Ms. Stallard: (Department of Natural Resources Di), loon ol' Pai,ks and Outdoor Recreation Office of History and Archaeology 550 West T, Avenue, Suite 1310 Anchorage, AK 99501-3561 Main 907,269.8694 Enclosed is amendment number one to the State and Local Grant Agreement for the above - referenced Historic Preservation Fund (HPF) project. This amendment increases the HPF grant from $18,765 to $24,000, an increase of $5,235, per request of the City of Seward. We understand that the expected cost of signage design and production as well as associated materials has exceeded the grant amount. It is understood that the City of Seward will match this increase with volunteer hours. This amendment also adjusts cost categories for the HPF grant, per your request dated April 23, 2021. As we understood from previous communications, the scope of work, period of performance and all other aspects of the grant agreement remain unchanged. The Office of History and Archaeology does not require your signature on this amendment. If you have any questions, please feel free to contact Maria Lewis at maria.lewis@alaska.gov or 907-269-8717. Sincerely, Judith Bittner State Historic Preservation Officer Enc: Amendment 1 Cc: Valarie Kingsland vingsland@cityofseward.net Naneth Ambrosiani nmbrosiani@cityofseward.net 78 State of Alaska Department of Natural Resources Division of Parks and Outdoor Recreation Office of History and Archaeology 550 W. 71h Avenue, Suite 1310 Anchorage, AK 99501 Historic Preservation Fund: Grant Amendment #1 This amendment to the memorandum of agreement is between the State of Alaska, Department of Natural Resources Office of History & Archaeology, hereafter, the State, and the Grantee: City of Seward Grantee Contact: Naneth Ambrosiani Grant #: HPF 20005 Telephone: 907-224-4063 Grant Name: Seward Hi,,toncal Tour: Public Education Signage Date: April 30, 2021 Amendment Number: 1 The Memorandum of Agreement between the State and the Grantee for the above -referenced project is amended to move funds from personal services to contractual services: Cost Categories Original Amd 1 Change Contractual 17,825 27,971 10,146 Personal Services 5,000 5,000 Supplies & Materials 4,500 2,395 (2,105) Travel 1,500 1,500 Subtotal 28,825 36,866 Project Costs for Grant Calculation Purposes 28,825 36,866 40% Sponsor Share of Project 11,530 14,746 60% Fed. Share of Project Costs 17,295 22,120 8.5% State Indirect on Fed 60% Share 1,470 1,880 Total Federal Share 18,765 24,000 Potential Reimbursement to the City of Seward 17,295 22,100 All other provisions of the original Agreement for this grant project remain the same. SIGNATURE BLOCK: State of Alaska: Office of History & Archaeology Signature: c Date: Zd 2- Print or ype Name and Title: Judith Bittner, State Historic Preservation Officer r*:J Valarie Kingsland From: Lewis, Maria A (DNR) <maria.lewis@alaska.gov> Sent: Monday, May 10, 2021 8:13 AM To: Valarie Kingsland; Jessica Stallard Cc: Naneth Ambrosiani; Cheryl Seese; Tanguy Libbrecht Subject: RE: Seward Signs: Amendment 1, Budget Adjustment for HPF # 20005 External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Valarie, Yes, there may be a typo there. However, our grants administrator advised us at the end of last week that the 8.5% will not be reimbursed by the applicant share, thus making your total reimbursable amount $24,000. We will be processing another amendment for all grantees in order to amend the grant agreements. It will be a couple weeks before this second amendment can be processed. Best, Maria Maria Lewis Architectural Historian Alaska State Historic Preservation Office Office of History & Archaeology 550 West 71" Avenue, Suite 1310 Anchorage, AK 99501-3561 Direct: 907-269-8717 maria.lewis@alaska.gov Teleworking - Email is the best method of communication. From: Valarie Kingsland <vkingsland@cityofseward.net> Sent: Saturday, May 8, 2021 8:51 PM To: Lewis, Maria A (DNR) <maria.lewis@alaska.gov>; Jessica Stallard <jstallard@cityofseward.net> Cc: Naneth Ambrosiani <nambrosiani@cityofseward.net>; Cheryl Seese <cherylseese@gmail.com>; Tanguy Libbrecht <tylibbrecht@gmail.com> Subject: RE: Seward Signs: Amendment 1, Budget Adjustment for HPF # 20005 Hello, While working on the Agenda Statement and Resolution for this Amendment, I think I found a typo in the Project Costs for Grant Calculation Purposes. Please confirm if the amount of Potential Reimbursement to the City of Seward is $22,100 or $22,120. The latter is listed next to the "60% Fed. Share of Project Costs" under Amd 1. Many thanks! Valarie Valarie Kingsland, Director Seward Community Library & Museum PO Box 2389 Seward, AK 99664 1 80 907.224.4008 "Connecting Our Community, Sharing Our Stories" From: Lewis, Maria A (DNR) <maria.lewis@alaska.gov> Sent: Friday, April 30, 2021 3:18 PM To: Jessica Stallard <istal lard @cityofseward. net> Cc: Naneth Ambrosiani <nambrosiani@cityofseward.net>; Valarie Kingsland <vkingsland @cityofseward. net>; Cheryl Seese <cherylseese@gmail.com>; Tanguy Libbrecht <tylibbrecht@gmail.com>; Lewis, Maria A (DNR) <maria.lewis@alaska.gov> Subject: Seward Signs: Amendment 1, Budget Adjustment for HPF # 20005 External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Stallard, Attached is an amendment to the Seward Historical Tour: Public Education Signage HPF grant as requested. An original hard copy of the grant amendment will go out in the mail. Best Regards, Maria Maria Lewis Architectural Historian Alaska State Historic Preservation Office Office of History & Archaeology 550 West 7t" Avenue, Suite 1310 Anchorage, AK 99501-3561 Direct: 907-269-8717 maria.lewis@alaska.gov Teleworking - Email is the best method of communication. 2 81 Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2020-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS FROM THE STATE OF ALASKA HISTORIC. PRESERVATION FUND (HPF) INTHE A.IOUNT OF $17,295, WITH A REQUIRED MATCH OF $3,970, FOR THE FY2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" PROJECT ON BEHALF OF THE SEWARD HISTORIC PRESERVATION COMMISSION, AND APPROPRIATING FUNDS WHEREAS, the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a 40160 matching Historic Preservation Fund (HPF) Program annually to Certified Local Governments (CLG); and WHEREAS, the City of Seward Historic Preservation Commission (SHPC) has applied for and been awarded several HPF-CLG Grants in the past; and . WHEREAS, SHPC received notification for FY2020 HPF-CLG grant proposals on December 17, 2019 with an application deadline of January 30, 2020; and WHEREAS, one FY2020 HPF-CLG priority for grant funding is to increase public awareness of historic preservation; and WHEREAS, one assigned SHPC pm ver and duty is to work toward the continuing education of citizens regarding local historic preservation and community history (Ord 94-04 2.30.425): and WHEREAS, the SHPC has received letters of support for this project from local cnmtriur7ity groups and businesses for the economic benefit of promoting economic tourism and community pride through education of local historic preservation and community history; and WHEREAS, SHPC and Staff submitted a HPF-CLG Grant application on January 27, 2020 to create physical public educational signage for a Seward historical tour; and W'IIERE:kS, the HPF-CLG Grant #20005 project was approved and the grant agreement �k as received by the City Staff on July 17, 2020 from the State Historic Preservation Office; and WHEREAS, the estimated total project cost is $28,825, which includes $11,530 City share and $17,295 for Federal share; and WHEREAS, there is an additional 8.5% State indirect cost to the City of $1,470; and 82 CITY OF SEWARD, ALASKA RESOLUTION 2020-079 WHEREAS, the estimated City share consists of' S 3970 cash, plus 300 in -kind volunteer hours and other in kind and donated goods and services to make up the total cost to the City; and W H E RE AS, grant funds will be administered by City Staff and expenditures reimbursed after invoices are submitted; and WHEREAS, the period of the grant upon full execution ends June 30, 2021 with no option for an extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby autl'iorl/ed to accept and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 IIPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project. Section 2. Funding in the amount of $17,295 is hereby acccptc(l to state grant revenue account number 01000-1111-4252-0011 and appropriated to contracted services account number 01000-1111-7009-00 l 1.. Section 3. funding in the amount of $3,970 is hereby appropriated from the General Fund reserve account number 01000-0000-3400 to contracted scrti ices account nutnhcr 01000- 1111-7009-0011. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of September, 2020. I'lI F,C11) 0U SEN%'ARD, ty Terry, 1VWyor AYES: Seese, Osenga, Baclaan, McClure, Terry NOES: None ABSENT: Crites ABSTAIN: None 83 CITY OF SEWARD, ALASKA RESOLUTION 2020-079 ATTEST: ZIA, 0 - , 4 L; reni al. gallou'ohw City Clerk 'o"sa...,s,� (City Seal) -" of SCzy�'•. r r r =� SEALS A � 'rrrrrrrsar�r�s rya 84 SHPC Agenda Statement Meeting Date: September 14, 2020 To: City Council Through: Seward Historical Preservation Commission Agenda Item: A Resolution Of The City Council Of The City Of Seward, Accepting Grant Funds From The State Of Alaska Historic Preservation Fund In The Amount Of $17,295 With A Required Match Of $3,970 For The FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission, And Appropriating Funds BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources, Historic Preservation Office annually offers matching Historic Preservation Fund (HPF) Program grants to Certified Local Governments (CLG). The City of Seward is a Certified Local Government and has received several of these grants in the past. The match consists of 60%a Federal Share and 40% Sponsor Share. The Sponsor Share may include in -kind volunteer hours, donated work and funds. An 8.5% State indirect cost on the Federal Share is also required. The Alaska State Historic Preservation office sent a notification for a FY2020 HPF-CLG grant proposals on December 171h, 2019 with a deadline of January 30, 2020. The Commission assigned a CLG Grant committee to work on the application consisting of HP Commissioners Tanguy Libbrecht, Wolfgang Kurtz and Sue Ward due to the very short timeframe between the notification, subsequent HP meetings and the application deadline. This project proposes to install physical interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. The primary purpose of the project is to increase awareness of Seward's historic district sites and their significance. (i.e. sites 50 years or older by creating a walking tour of 25 important historic sites located in Seward. A secondary purpose is SHPC believes there is a cultural and economic benefit to the creation of a walking tour in our historic Seward downtown area for more identified locations of interest and "things to do in Downtown Seward" for the over 100 cruise ships and their passengers who visit in the summer months. Letters of support were received from: Seward City Manager, Seward Chamber of Commerce, Seward Senior Center, Resurrection Bay Historical Society, and the Pioneers of Alaska, Seward. The Commission has formed committees to implement the project plan and to work with and secure permission for properties not owned by the City of Seward. The Commission plans to complete the project by the end of May 2021 in time for the 2021 tour season. The grant proposal was approved by the Alaska Historical Preservation Commission, who reviewed the applications submitted, on April 27, 2020. Due to staffing changes at the State Historic Preservation Office and the COVID-19 pandemic situation, the City of Seward did not Car.] receive the grant agreement until July 17, 2020. The grant period begins upon full execution of the grant agreement and ends June 30, 2021, with no option for an extension. Total Project Costs (see grant application Budget Table) Personal Services: $5,000.00 Contractual: $17,825.00 Supplies/Materials: $4,500.00 Travel: $1,500.00 Total Estimated Project Costs: $28,825.00 City Share (see grant application Budget Table) Cash Match: In -Kind Goods and Services: Donated Goods and Services: Estimated City Share of Project Costs: $2,500.00 $2,381.00 (local contributions) $7,629.00 (300 volunteers hours x $25.43) $12,510.00 Plus 8.5% cash State Indirect on Federal Share: $1,470.00 Total Estimated City Cost: $131980.00 ($3,970.00 cash) Federal Share (see grant application Budget Table) Expected cash reimbursement: $17,295.00 City Monetary Share Cash: $2,500.00 8.5% cash State Indirect on Federal Share: $1,470.00 $3,970.00 INTENT: Council approval to accept of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $3,970.00 to reimburse the vendors for services rendered for the project. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan 2.2.3 Support activities initiated by the Seward 1. Historic Preservation Commission (SHPQ. 3111111 Promote x seasonal and year-round tourism, including heritage tourism. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-I1 History and Sense of Community pg. 13 x Other (list): Seward Historic Preservation Plan 7.1 Opportunities: Educate citizens on historic preservation and the benefits to our community. Historic sites should be identified and labeled. Enhance 3 heritage tourism opportunities. Develop a sense of history among the populous by recognizing local culture. 8.1 Immediate Action: Identify x and share economic benefits of historic preservation. 8.2 Long -teen Ambitions: Educate local community about preservation in order to engage therm in ,reservation efforts. `l FISCAL NOTE: The City will receive up to $17,295 in grant revenue reimbursement and will utilize its own matching funds in the amount of $3,970. The matching funds are not included in the budget and will come from the General Fund reserves. Approved by Finance Department: __CfB ATTORNEY REVIEW: Yes No RECOMMENDATION: 079 1. Approve Council Resolution 2020- , A Resolution Of The City Council Of The City Of Seward, Accepting The Funds From The State Of Alaska Historic Preservation Fund Matching FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. 2. Direct City Manager to accept of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of $3,970.00 to reimburse the vendors for services rendered for the project. THE STATE Department of Natural Resources �f ©�����(� �,]� Div�isi�7n ��f Parks andandOutdoot- Recreation �]. �OiTice of ffistory and Archaeoloay GOVERNOR NhcHAEL J. DuNLEAv July 13, 2020 Jessica Stallard, Deputy City Clerk City of Seward P.O. Box 167 Seward, AK 99664 Re: Historic Preservation Fund CLG HPF Grant HPF # 20005: Public Education Signage Dear Ms. Stallard: 550 West 7' Avenue, Suite 1310 Anchorage, AK 99501-3565 Main 907.269.8700 The Alaska Historical Commission met on April 27, 2020 to recommend awards for Historic Preservation Fund (HPF) projects for Certified Local Governments. The City's application, referenced above, was recommended for a 60-40 matching grant. Enclosed are two (2) sets of the grant agreement packet. Please review the agreement and accompanying documents: Assurances, Certifications, and Willingness to Comply with Grant Requirements. Also verify your DUNS on page 1. If you find the agreement acceptable, sign and date page one. In addition, initial pages 2-10 of the agreement, and complete the accompanying documents where necessary throughout each package. Upon completion, return both sets to our office. We will return a set of the executed grant agreement to you. Please note that any work performed prior to full grant execution by both parties is ineligible for reimbursement or match under the HPF grant program. If you have any questions, please e-mail the me at judy.bittner@alaska.gov or call at 907-269- 8715. Sincerely ith E. Bittner State Historic Preservation Officer Cc: Cheryl Seese, Preservation Commission Eric: Grant Agreement Packets (2 sets) 10 State of Alaska Grant Agreement i Historic Preservation Fund Program CFDA # 15.904 Seward Historical Tour: Public Education Signage HPF - ii Grant # 20005 sTA7'E QAR�� This grant agreement is between State of Alaska, Department of Natural Resources Division of Parks and Outdoor Recreation Office of History & Archaeology 550 W. 711 Avenue, Ste 1310 Anchorage, AK 99501 hereafter the State, and Grantee City of Seward Employer ID Number (EIN): 92-6000086 P.O. Box 167 DUNS: 037996634+0167 Seward, AK 99664 hereafter the Grantee Grantee Contact Name & Title Telephone Number E-Mail Address Naneth Arnbrosiani Grant Manager 907-224-4063 nambrosiani@cityofseward.net ARTICLE 1. Appendices: Appendices and provisions referred to herein are considered part of this agreement. ARTICLE 2. Performance of Services: 2.1 Appendix A: Scope of Work. 2.2 Appendix B: Estimated Budget. 2.3 Appendix C: Special Conditions. 2.4 Appendix D: Payment Processes. 2.5 Appendix E: Standard Provisions. 2.6 Appendix F: OMB Circulars, Regulations and HPF Guidance. 2.7 Appendix G: Digital Product Submission Guidelines. ARTICLE 3. Period of Performance: The period of performance for this grant agreement begins upon full execution and ends June 30, 2021. The period of performance would normally end Sept 2020, but has been extended, per the National Park Service and State of Alaska due to disruptions from the COVID-19 pandemic. ARTICLE 4. Consideration: In consideration of Grantee's performance under this matching grant program, the State shall apply to the National Park service for HPF assistance in a sum not to exceed $18,765 and shall reimburse Grantee, minus applicable State Indirect costs, in accordance with the Estimated Budget in Appendix B and provisions in Appendix D. GRANTEE Signature of Grantee's Authorized Representative Date Type or Print Name and Title of Grantee Representative STATE of ALASKA Signature: State of Alaska Certifying Officer Date Judith E. Bittner, State Historic Preservation Officer, Office of History & Archaeology Dept of Natural Resources: Division of Parks & Outdoor Recreation 550 W. 71h Avenue, Suite 1310 Anchorage, AK 99501 •slt Appendix A: Scope of Work Recipient shall design and manufacture, as funds allow, signage describing up to 25 historic sites in Seward. A map of such sites shall also be developed as a public education walking tour of historical sites within the city. The signage shall provide specific information on each site and shall address sites, buildings, structures, and objects, rather than general history in that area. Grant Period of Performance Begins upon Execution and Ends June 30, 2021. Timeline Benchmark Activities & Proiect Deliverables Quarterly Submit written reports to the Office of History and Archaeology (OHA) describing project work during the preceding three months, referencing benchmarks in this scope of work. July — Aug 2020 Recipient and contractor will meet with stakeholders, property owners, and local knowledge bearers to determine information for each sign. Submit list of stakeholders to OHA. Aug 2020 — Feb 2021 Write text, find illustrations, and design sign and panel. Submit drafts to OHA, the Seward Historic Preservation Commission, and other stakeholders for 30-day review and comment. Respond to and incorporate relevant comments into the signs and walking tour map and finalize each. Fabricate signs and prepare for installation. Mar - June 2021 Install signage at identified sites around Seward. Hold a public dedication ceremony and "First Walking Tour." Inform OHA of the event in a timely enough manner that State or Federal officials might attend, if possible. Document event with photographs. Final Reports and Products: Submit the following items to OHA by July 31, 2021. 1. Written report describing project activities conducted with grant funds. Include details: who, what, where, when, why. Describe how the Secretary's Standards were applied. Summarize public outreach, input, and review comments. 2. Final bill ing/reimbursement request with financial documentation supporting claimed eligible costs. 3. One digital copy of each of the final sign and map, with photographs of the signs installed. Digital copy must adhere to Digital Product Submittal Guidelines in Appendix G of this agreement. 4. Minutes of HPC meetings showing its participation in the project. HPF--CLG # 20003_Seward Walking Tour Signage e 2 Grantee Initials Appendix B: Estimated Budget Budget Categories Amount Personal Services 5,000 Contractual 17,825 Supplies/Materials 4,500 Travel 1,500 Estimated Costs 28,825 Calculations for Grant Purposes 28,825 40% Sponsor Share of Project Costs 11,530 60% Federal Share of Project Costs 17,295 8.5% State Indirect on Federal Share 1,470 Total Federal Award 18,765 Potential Reimbursement to Sponsor 17,295 Appendix C: Special Conditions Contractor's Experience & Rates: Consultants/contractors shall have the requisite experience and training in historic preservation or relevant field to oversee the project work. Maximum rates charged to this grant may not exceed 120% of a Federal Civil Service GS-15, step 10 salary, per project location. Current regional salary tables can be found on the Office of Personnel and Management site at https://www.opm.gov/policy-data- oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/AK.pdf Volunteers and Donations: If a person volunteers services outside his profession or trade, volunteer time shall be valued at the Federal minimum wage rate or a higher applicable rate for general laborers, if Grantee documents such, and the rate is approved by the State Historic Preservation Office. See rates compiled for Alaska by the Independent Sector's Value of Volunteer Time by State: https://www.independentse,ctor.org/volunteer time . Donated labor, equipment or materials shall be adequately documented, if used for match project purposes. A form signed by the donor with dates, names, work performed or items donated, valuation of goods/services, and Grantee's signature, or a detailed listing from the Grantee is required. Reports: Narrative and financial reports may be submitted as often as quarterly. Requests for reimbursement must be accompanied by a narrative for the corresponding period, and a Summary of Documentation form with relevant financial backup (e.g., copies of invoices, receipts, checks paid to vendors, payroll ledgers, or timesheets) as needed. Reports are due within thirty (30) days following the quarter, and within thirty (30) days after project completion or end of project period, whichever occurs first. Submit reports to the State by fax, e-mail, United States Postal Service or another carrier to the Grants Administrator: Fax: 907-269-8907 E-mail: samantha.hudson@alaska.gov State of Alaska: Dept of Natural Resources Division of Parks and Outdoor Recreation 550 W. 7' Avenue, Suite 1380 Anchorage, AK 99501 HPF—CLG # 20003_Seward Walking "four Signage FV,4 3 Grantee Initials Covenants: If applicable, a protective covenant shall be attached to the property deed and a copy supplied to the Alaska Office of History and Archaeology (OHA). The covenant will apply when there is a change in ownership; it will be enforceable by Alaska law, and will be monitored by OHA. The covenant is effective upon execution of the document, and shall be recorded prior to disbursement of HPF monies. A grant cannot be repaid to avoid the deed restriction. NEPA Compliance: If grant -assisted activity involves development (construction) or archeology, grantee shall submit an Environmental Screening Worksheet to determine whether a Categorical Exclusion is allowed in accord with the National Environmental Policy Act (NEPA) of 1969. Section 106 Compliance: If grant -assisted activity involves construction or ground disturbance, grantee must complete Section 106 consultation with the State Historic Preservation Office, prior to any such work, per the National Historic Preservation Act (54 U.S.C. 306108). Unanticipated Discovery Protocols: Grantees or contractors shall immediately stop construction in the vicinity of the affected historic or cultural resource and take reasonable measures to avoid and minimize harm to the resource until the SHPO or THPO, grantee or contractor, and Tribes, as appropriate, have determined a suitable course of action within 15 calendar days. Project Sign/Notification: Grantee shall create public notification of the project with a project sign or website posting, as appropriate. Photo documentation of the sign for development projects must be submitted to the State. Costs for fabricating and erecting signage is an eligible grant cost. The sign shall ZD be of adequate design and construction to withstand weather exposure, be easily read from the public right-of-way, and be accessible to the public throughout the project term. At a minimum, all notifications shall contain the following: [Project Name] is supported in part by the Historic Preservation Fund administered by the National Park Service, Department of Interior, and the State of Alaska Office of History & Archaeology. NHPA and Secretary's Standards: Grantee shall comply with provisions of the National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) and apply the appropriate Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation for this grant -assisted project. Appendix D: Payment Processes Reimbursement: Payment shall be made to the Grantee on a cost reimbursement basis. Requests for reimbursement, complete with all necessary backup documentation, shall be processed by the State within 30 days of Grantee submittal. For matching assistance, Grantee must document all eligible project expenses and submit to the State. Retainage: The State may withhold a sum representing up to ten percent (10%) of the total grant amount until acceptable completion of this grant project. Upon receipt and approval of narrative and financial reports, or other necessary documents, the State shall process final reimbursement to Grantee. State Indirect Cost: The State of Alaska includes indirect cost charges as shown in Appendix B. The indirect cost rate may fluctuate during the Period of Performance, but will not exceed 16% for this grant -assisted project. HPF—CLG # 20003—Seward Walking Tour Signage V%e 4 Grantee Initials Appendix E: Standard Provisions Article 1. Definitions. In this grant agreement, attachments, and amendments, "OHA" means State of Alaska Office of History and Archaeology. "NPS" means National Park Service. "CFR" means Code of Federal Regulations. "HPF" means Historic Preservation Fund. Article 2. Insurance. Grantee is responsible for maintaining necessary liability insurance to cover claims brought by third parties for death, injury, property damage, or other loss resulting from activities performed in connection with this grant agreement. The Grantee shall provide and maintain worker's compensation insurance as required by AS 23.30 for all employees engaged in work under this grant agreement. The Grantee shall require any contractor to provide and maintain worker's compensation insurance for its employees as required by AS 23.30. Article 3. Indemnification. Grantee shall indemnify, save harmless and defend the State and NPS, its officers, agents and employees from liability of any nature or kind, including costs and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damage sustained by any person or persons or property as a result of any error, omission or negligent act of the Grantee relating to its performance of this grant. Article 4. Non -Discrimination. Grantee shall comply with requirements of Executive Order 11246 as amended; Title VI of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; and all other Federal laws and regulations prohibiting discrimination on basis of race, color, national or ethnic origin, age, disabilities, religion, gender, or sexual orientation. Article 5. Lobbying. In accepting these funds, Grantee agrees and assures that none of the funds will be used for the purpose of lobbying activities before the Alaska Legislature or United States Congress. Article 6. Business Enterprise Development: Grantee is encouraged to utilize small businesses, minority -owned firms and women's business enterprises to the fullest extent practicable, per national policy pursuant to Executive Order 12432. Article 7. No Assignment or Delegation. The Grantee may not assign or delegate this grant agreement, or any part of it, or any right to any of the money to be paid under it, except with prior written consent of the Certifying Officer. Article 8. Officials Not to Benefit. No member of, or delegate to Congress or the Legislature, or officials or employees of the State or Federal government may share any part of this grant agreement or any benefit to arise from it. Article 9. Partial Invalidity. If any provision of this Agreement be held invalid or unenforceable, the remainder of the Agreement remain valid and shall not be affected. Article 10. Photographs and Data Rights. Grantee shall allow the State of Alaska and the National Park Service royalty -free authority to use and reproduce photographs, reports, and other data produced with this grant. HPF—CLG # 20003_Seward Walking Tour Signage PVB 5 Grantee Initials Article 11. Records Retention and Access. Grantee shall retain financial and programmatic records, supporting documents and other grant records in accordance with 2 CFR Part 200.333-337. Article 12. Audits. Non -Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with 31 USC 7501-7507 and 2 CFR Part 200, Subpart F. Grantee may be subject to 2AAC 45.01, single audit regulations for state grants. If applicable, Grantee must comply with all provisions thereof. Article 13. Changes. Grantee shall obtain prior approval for budget and scope revisions, in accordance with 2 CFR §200.308. Changes requested by the Grantee in writing, if approved, will be formalized in an amendment. Amendments must be dated and signed by the State before the change is considered official and approved. Grantee will receive copies of any such amendments. Budget Flexibility and Amendments. Notwithstanding the provisions of Article 13, "Changes," the Grantee may revise line item or subcategory amounts in the project budget in Attachment B without a formal amendment to this agreement when such revisions are limited to a maximum of 10 % of the total direct costs. Revisions are limited to changes in existing budget line items or categories and must be documented in writing. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 14. Conflicts of Interest. In procurement of supplies, equipment, construction, and services by recipients and subrecipients, the conflict of interest provisions in 2 CFR § 200.318 apply. Non-federal entities must avoid prohibited conflicts of interest, including any significant financial interest that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a financial assistance agreement. Article 15. Procurement. The Grantee shall procure supplies, materials, equipment, and services in a manner that is fair and reasonable, conforming to written procurement standards which reflect State and local laws, and applicable Federal law and standards in 2 CFR Chapter 1, § 200.317- 200.326. Article 16. Termination. This agreement may be terminated in whole, or in part, consistent with termination provisions for Agreements found in 2 CFR 200.339 -- 200.342. Article 17. Prohibition on Texting and Driving. Recipient is encouraged to adopt and enforce policies that ban text messaging while driving company -owned or -rented vehicles, government -owned or -rented vehicles or while driving privately -owned vehicles when on official government business or when performing any work for or on behalf of the government (Executive Order 13513). Article 18. Seat Belt Provision. Recipient is encouraged to adopt and enforce on-the-job seat belt use policies for employees when operating company -owned, rented or personally owned vehicles. Article 19. Trafficking in Persons. This award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR § 175.15). HPF—CLG # 20003—,Seward Walking Tour Signage VZe 6 Grantee Initials Article 20. Whistle Blower Rights. Grantee shall inform it employees in writing, in the predominant language of the workforce, of employee whistle blower rights and protections under 41 USC 4712. Grantee shall insert the substance of this clause in all subawards or subcontracts over the simplified acquisitions threshold, 42 CFR § 52.203-17 as referenced in 42 CFR § 3.908-9. Article 21. Current Prevailing Rates of Wage and Employment Preference. Certain grant projects are constrained by the provision of Alaska Statute 36: PUBLIC CONTRACTS. To the extent that such provisions apply to the project that is the subject of this grant agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. Article 22. Reporting Requirements. The Grantee shall submit progress reports to the State according to the schedule established in this grant agreement. Article 23. Right to Withhold Funds. The State may withhold payments under this grant agreement for any violation of these provisions. Any grant funds not utilized for the specific purposes stated in the agreement shall be retained by or returned to the State. Article 24. Site Control. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and Grantee has legal access to such property. Article 25. Inspections and Retention of Records. The State may inspect, in the manner and at reasonable times it considers appropriate, the Grantee's facilities, records and activities under this grant agreement. The Grantee shall retain property receipts and other grant financial records for at least 3 years after project completion or equipment disposal. Article 26. ConfidentialityAgreements. Public Law 113-235 prohibits issuing financial assistance awards to entities that require certain internal confidentiality agreements. Grantees must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or restricting them from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative or agency authorized to receive such information. Article 27. Conflicts of Interest. Non -Federal entities shall avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to this financial assistance agreement. Article 28. Publicity and Press Releases. Press releases about this project shall acknowledge the grant assistance provided by the Historic Preservation Fund, NPS, and the State of Alaska, and copies provided to NPS. Notice of public ceremonies shall be transmitted in timely enough manner so that State of Alaska, Department of Interior, Congressional or other Federal officials can attend, if desired. Article 29. GIS Spatial Data Transfer. One digital copy of all GIS data produced or collected as part of these grant funds will be submitted to the State via data transfer in shapefile (*.shp) or GeoDatabase format. Geographic Data Committee compliant metadata shall be included. Template GeoDatabases and guidelines for creating and submitting GIS data can be found at the NPS Cultural Resource GIS Facility webpage: htIRs://www.nps.gov/crgis/crgis standards.htm HPF—CLG # 20003_Seward walking Tour Signage 17 Grantee Initials F. OMB Circulars, Regulations, and Historic Preservation Fund Guidance Office of Management and Budget (OMB) Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement. (Full text is at http://www.eefr.gov ) a) Administrative Requirements: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards, in its entirety b) Determination of Allowable Costs: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E c) Audit Requirements: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F d) Procurement Procedures: 2 CFR, Part 200.317-200.326 e) Code of Federal Regulations/Regulatory Requirements: 2 CFR, Part 182 & 1401, Government -wide Requirements for a Drug -Free Workplace 2 CFR, Part 180 & 1400, Non -Procurement, Debarment and Suspension 2 CFR, Part 170: Reporting Subawards and Executive Compensation 2 CFR, Part 175: Trafficking Victims Protection Act of 2000 2 CFR, Part 25: System for Award Management (www.SAM. ov) and Data Universal Numbering System (DUNS) 43 CFR 18: New Restrictions on Lobbying Federal Acquisition Regulation, Clause 52.203-12, Paragraphs (a) and (b): Limitation on Payments to Influence Certain Federal Transactions National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) HPF Grants Manual: Grantee shall comply with the policies set forth in the Manual. Provisions of said manual are incorporated into and made a part of this project agreement. HPF—CLG # 20003_Seward Walking Tour Signage PRe 8 Grantee Initials G. Digital Product Submission Guidelines The National Park Service's (NPS) State, Tribal, Local, Plans & Grants (STLPG) Division developed these guidelines to outline the digital product submission process for grant recipients. These guidelines specify the types of products that should be submitted, supply guidance on the file names and formats grant recipients should use, and define how submissions should be made. Products submitted digitally may be uploaded and shared with the general public through the Integrated Resource Management A lications (]RMA),,, the NPS's digital repository system. To see grant products that have already been uploaded, go to IRMA, choose Historic Preservation Fund (HPF) under "Select a Park, Office, Program or Region" and select a category of featured content. What to submit: • Provide one digital copy of each deliverable or publication under your grant agreement. • Deliverables and publications include, but are not limited to, the following materials: SUBMIT DO NOT SUBMIT Reports, plans and guidelines (including Digital copies saved on CD/DVD-Rs or flash historic structure reports, design guidelines, drives (unless arrangements have been made with economic impact studies, treatment reports, your grant administrator) historic context statements, preservation plans) Confidential/restricted reports that cannot be Substantive event materials (including viewed by the general public (including programs, proceedings, handouts,photo graphs) archeological reports, architectural reports on federal buildings or restricted sites) Professionally produced content (including books, documentaries, oral histories, Other documentation not intended for the presentations and PSAs) general public (including survey forms, financial records, correspondence) Interpretive products (including books, brochures, posters, interpretive tours, coloring Ephemeral products unlikely to be of future books or other youth -focused products, lesson value to the general public (including flyers, plans) postcards, invitations, meeting minutes) Online content (including websites, story maps, and other web -based projects) o Final grant products may be made available to the general public and should, by default, feature the NPS disclaimer. Printed products must feature a printed disclaimer when feasible. Audio products must include a spoken version of the disclaimer. Video products must include the disclaimer as an on -screen graphic. A disclaimer is not required when it would be unreasonable to do so, such as on size -restrictive publications like postcards or flyers. • For additional questions about the required disclaimer, consult with your NPS grant manager. HPF—CLG # 20003,.,Seward Walking Tour Signage 9 Grantee Initials Naming files for submission: • Name each file you will be submitting using the following naming convention: [Grant Program]_[Fiscal Year]_[State, if applicable]_[Grantee or Subgrantee]_[Grant Number] —[Short File Description] • Do not use spaces or special characters (#,%,&,?) in the file name. • For "Short File Description," write a brief (less than 50 characters), unique description that would help someone easily and quickly identify the rile. • If files are part of a series, append the number 001, 002, etc. to the end of the description. Ex: Audio files submitted under a FY2018 grant by the DC State Historic Preservation Office SHPO_18 DC_GraiiteeHistol-icDisti-ict_P.17AF00001_JohizDoehitervietv001.iiip3 SHPO_18_DC GrajateeHistoricDistrict_P17AF00001 JohtiDoelfrtervietv002.►np3 ® Use the appropriate abbreviation for your grant program in the file name: Required file formats and resolution standards: • Reports and publications: PDF files saved at 300 ppi (pixels per inch) and 100%n of the original document size. When possible, convert original documents to PDFs (for example, saving as PDFs from Word or InDesign files). Otherwise, save high resolution scans of printed materials as PDFs. • Photos: JPEG or TIFF files saved at a minimum resolution of3000 x 2000 pixels (orb megapixels). o When submitting photographs, include captions, photo credit, and a signed release form (if needed). Photo release fortes are available on the STLPG website. o Development (construction) grants must submit at least one before and one after photograph of work completed under the grant. Refer to the NPS Documenting Historic Places on Film guidelines for more information on photographing a variety of historic environments and buildings. • Videos: MP4 files saved at a resolution of 1280 by 720 pixels. All videos produced with HPF funding should include closed captioning. When reasonable, provide transcripts of videos as Word documents. • Audio: Uncompressed WAV files. When reasonable, provide transcripts of audio files as Word documents. For more information about formatting deliverables, consult the National Archives` Tables of File Formats. Creating an index file for your submission: • Include this information in the index file for each product that is being submitted: Grant Number Subgrant Number (if applicable) Title of Product Filename Product Creator(s) (give full names and their roles; include up to 5 names or organizations) Date Completed Extent (number of pages, photographs, or length of audio/video riles; use when applicable) Description (up to 200 words) Save the index file as a Microsoft Word document using the following naming convention: [Grant Program]_[Fiscal Year]_JState, if applicable]_[ Grantee or Subgrantee]_[Grant Numher]_lndex.doex Ex: SHPO 18 DC GraiiteeHistot-icDi.stric P17AF00001 Inde.,c.clocx HPF--CLG # 20003_Seward Walking Tour Signage Ke 10 Grantee Initials CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and "Governmentwide Requirements for Drug -Free Workplace" and 15 CFR Part 28. "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant, or cooperative agreement. 1.DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 15 CFR Part 26, for prospective participants in primary covered transactions, as defined at 15 CFR Part 26, Sections 26.105 and 26.110 -- (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applicationfproposal had one or more public transactions (Federal, Stale or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. Grantees Other Than Individuals As required by the Drug -Free Workplace Act of 1988, and implemented at 15 CFR Part 26, Subpart F, for grantees, as defined at 15 CFR Part 26, Sections 26.605 and 26.610 -- A. The grantee certifies that it will or will continue to provide a drug - free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug -free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— (1) Abide by the terms or the statement, and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the Director, Office of Federal Assistance, Office of Federal Assistance and Management Support, HCHB Room 6051, U.S. Department of Commerce, Washington, DC 20230. Notice shall include the identification number(s) of each affected grant; (0 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted-- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, Stale, or local health, law enforcement, or other appropriate agency: (g) Faking a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a),(b),(c),(d),(e) and (1). West B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance: (Street address, city, county, stale, TIP code):,...__._ _ Check ❑ if there are workplaces on file that are not identified here. Alternate 11. Grantees Who Are individuals As required by the Drug -Free Workplace Act of 1988, and implemented at 15 CFR 26, Subpart F, for grantees, as defined at 15 CFR Part 26, Sections 26.605 and 26.610 - (A) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (B) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the Director, Office of Federal Assistance, Office of Federal Assistance and Management Support, HCHB Room 6054, U.S. Department of Commerce, Washington, DC 20230. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. 3. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000, or loan or loan guarantee over $150,000, as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that; (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for loan Guarantees and Loan Insurance The Undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE I I61 Assur, anew--%ion-voi rSir uc'L:Ioit Programs OMBApprova;No.0348-0040 Public reporting burden fwthis collection of information isesllmaledtoaverage 15 minutes per response, including the time for reviewing ins Iructions, search Ing existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Please do not return your completed form to the Office of Management and Budget; send it to the address provided by the sponsoring agency. Note: Certain of these assurances may not be applicable to your projector program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case you will be notified. As the duly authorized representative of the applicant 1 certify that the applicant: l Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States, and ifappropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3 Will establish safcguards to prohibit employees from using their positions for a purpose that constitct[cs or presents the appearance of personal of organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. S. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed stan- dards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM`s Standards for a Merit System of Personnel Adminis- tration (5 C.F.R. 900, Subpart F), 6. Will comply with all Federal statutes relating to nondis- crimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimina- tion on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 610l-6107), which prohibits discrimination on the basis of age; (c) the Drug Abuse Office and Treatment Act of 1972 (P.O. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondis- crimination on the basis of alcohol abuse or alcoholism; Previous Editions Usable (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U S C. § 36701 cl seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) un- der which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the require- ments of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies .Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is ac- quired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal partici- pation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a and 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327.333), regarding labor standards for feder- ally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Pro- tection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insur- able construction and acquisition is S10,000 or more. I I. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures tinder the Na- tional Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 1 1514; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 1 1990; (e) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of Page 1 of 2 Authorized for Local Reproduction SF-424B (Rev 4192) Prescnbed by OMB Circular A-102 104 project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section, 176(c) of the Clear Air Act of 1955, as amended (42 U.S C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endan- gered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.0 §§ 1271 et seq.) related to protecting compo- nents or potential components of the national wild and Scenic rivers system. 14 15 16. 17 13 Will assist the awarding agency in assuring compliance with Section 106 of the national Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and 18 Historic Preservation Act of 1974 (16 U.S.C. 469a-i et seq.). Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P L 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead -Based Paint Poisoning Preven- tion Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-profit Institutions. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. S-gnature of Authorized Certifying official 1 iflle Apphcanl Organizahm dale Submitted Previous Editions Usable Page 2 of 2 Authorized for Local Reproduction SF4248 (Rev. 4192) Prescribed by OMB Circular A-102 103 Willingness to Comply with Grant Requirements 1. 1 understand that this is a grant agreement administered by the State of Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, Office of History and Archaeology. 2. in accepting these funds, I understand it is my responsibility to comply with all program requirements, pertinent State and Federal regulations, and the grant agreement. 3. In accepting these funds, i understand that project records are subject to audit after project completion, and that if such an audit questions expenditures for which I have been reimbursed, I will return any amount paid for questioned expenditures. 4. 1 understand that no grant or promise of a grant exists until the State Historic Preservation Officer (SHPO) or his/her designee signs the grant agreement, and that any funds expended prior to the grant period or before full grant execution (SHPO signature) may not be reimbursed without specific approval. 5. 1 understand that the State of Alaska may incorporate an indirect cost to help off -set administration of this grant. The percentage of the indirect may fluctuate over the course of the grant but will not exceed amount shown on the grant agreement. Signature Print or Type Name Entity Name and Title Date I r3 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2022 CHEVY 3500 4X4 REGULAR CAB TRUCK WITH FLATBED, HIDDEN LIFT GATE, AND V-PLOW FOR THE HARBOR DEPARTMENT, WAIVING COMPETITIVE PROCUREMENT PROCEDURES IN ORDER TO UTILIZE THE STATE OF ALASKA'S PROCUREMENT CONTRACT, IN AN AMOUNT NOT TO EXCEED $59,549.55 WHEREAS, the Harbor Department's plow truck Vehicle Unit #462 is over 10 years old with more than 90,000 miles and requires frequent maintenance to remain in-service; and WHEREAS, the Motor Pool Fund includes funding to replace this vehicle, as approved in the 2021 budget; and WHEREAS, a vehicle with a lift gate and plow is needed for the Seward Harbor to move equipment and plow fire lanes and parking lots throughout the harbor; and WHEREAS, Vehicle Unit 9462 will be placed in the next surplus sale; and WHEREAS, Seward City Code 6.10.120(B) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other governmental units, and the harbor department is purchasing this vehicle utilizing the State of Alaska's purchasing contract; and WHEREAS, the harbor staff received three bids for the equipment; separating the vehicle from the equipment purchase saved over $1,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to purchase a 2022 Chevy 3500 4X4 from Alaska Sales and Service in an amount not to exceed $32,413, with funding to come from the Motor Pool Internal Service Fund, as approved in the 2021 Budget. Section 2. The Seward City Council hereby finds that it is in the public interest to exempt the purchase of this truck from competitive procurement requirements, as the City is utilizing the State of Alaska's purchasing contract for this purchase. Section 3. The flatbed, hidden lift gate, and V-plow will be purchased separately from Quality Equipment Sales in an amount not to exceed $27,136.55, with funding to come from the Motor Pool Internal Service Fund, as approved in the 2021 Budget. 104 CITY OF SEWARD, ALASKA RESOLUTION 2021-062 Section 4. The City's 2010 Chevy Flatbed Vehicle Unit #462 is declared surplus to the City's needs and can be sold to the public. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor `11 Agenda Statement Meeting Date: May 24, 2021 To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Purchase a new plow truck to replace unit #462 BACKGROUND & JUSTIFICATION: The Harbor Department needs to replace one of the five harbor vehicles, 9462. The replacement plan for harbor vehicles is based upon age and wear. Unit #462 has been in the shop most recently to replace rear lighting, rear axle bearings, rear axle carrier assembly, rear bed repair, brake replacement, transfer case repair, and the plow broke in half this past winter. This type of vehicle is what the harbor uses to plow all the fire lanes and parking lots throughout the harbor. This vehicle was budgeted for replacement in FY 2021 for $80,000. Harbor staff recommends the purchase of a 2022 Chevrolet Silverado 3500 HD CC 4WD Reg cab 171 WB from Alaska Sales and Service using the State bidding list. According to SCC 6.10.120.B "The City may utilize competitive bids obtained by other governmental units." The listed price for plain chassis extended cab truck is $32,413.00. The harbor staff made several calls and received three quotes for the flatbed, hidden lift gate and a V-plow and Quality equipment sales was the low bidder in the amount of $27,136.55, by the harbor crew calling around and requesting the package sold separately saved the city roughly $1,000.00 $80,000.00 has been budgeted to replace this vehicle with plow and hidden lift gate, the harbor did come in under the budgeted amount for the complete vehicle. INTENT: To purchase a reliable replacement plow truck to replace unit 462 for a vehicle with over 90,000 miles with maintenance/transmission issues. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other (Iist):2021 Motor Pool Fund X `R FISCAL NOTE: The 2021 Motor Pool Fund budget includes $80,000 for this purchase under Capital Equipment account no. 03000-2000-8103 (see page 187 note (d) of the budget book). Since the quote for this purchase came in under budget, the unspent funds will return to fund balance at the end of the year. No appropriation necessary. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2021- , authorizing the City Manager to approve the purchase a 2022 Chevrolet Silverado 3500 HD CC 4WD Reg cab Chassis from Alaska Sales and Service for $32,413.00 and a flatbed, hidden lift gate and v-plow from Quality Equipment Sales for $27,136.55 for a total amount not -to -exceed $59,549.55 and declare the 2010 Chevy 3500 plow truck number 462 as surplus public property upon delivery of the new vehicle. `urA Alaska Sales & Service Daniel Bacon 907 265 7535 danielb@aksales.com Vehicle- [Fleet] 2021 Chevrolet Silverado 350OHD CC (CK31403) 4WD Reg Cab 171 " WB, 84.5" CA Work Truck City of Seward Norm Regis/Luke Moore 907 224 3331 907 362 9058 nregis@cityofseward.net Imoore@cjtyofseward.net 2022 Chevrolet Regular Cab Chassis only: ORDERED UNIT ' 40 6 i's HIM P�l� Alaska Sales & Service Daniel Bacon 1 907 265 7535 1 danielb@aksaies.com Vehicle: [Fleet] 2021 Chevrolet Silverado 3500HD CC (CK31403) 4WD Reg Cab 171" WB, 84,5" CA Work Truck ( Complete ) Window Sticker SUMMARY [Fleet] 2021 Chevrolet Silverado 350OHD CC (CK31403) 4WD Reg Cab 171" WB, 84.5" CA Work MSRP:$38,600.00 Truck Interior:Jet Black, Cloth seat trim Exterior 1:Summit White Exterior 2:No color has been selected Engine, 6.61- V8 Transmission, 6-speed automatic, heavy-duty OPTIONS CODE MODEL MSRP CK31403 [Fleet] 2021 Chevrolet Silverado 350OHD CC (CK31403) 4WD Reg $38,600 00 Cab 171" WB, 84.5" CA Work Truck OPTIONS 1 WT Work Truck Preferred Equipment Group $0 00 5N5 Rear Camera Kit. $73.00 91_7 Upi tter switch kit, (5) $150.00 AE7 Seats, front 40/20/40 split -bench $0.00 AED Window, power front, passenger express down Inc AQQ Remote Keyless Entry, with 2 transmitters Inc. AU3 Door locks, power Inc. AXG Window, power front, drivers express up/down Inc. DBG Mirrors, outside power -adjustable vertical trailering Inc. FE9 Emissions, Federal requirements $0.00 GAZ Summit White $0.00 GT4 Rear axle. 3.73 ratio $0.00 H1 T Jet Black, Cloth seat trim $0.00 IOR Audio system, Chevrolet Infotainment 3 system, 7" diagonal color $0.00 touchscreen, AM/FM stereo. Ji Trailer brake controller. integrated $275.00 K05 Engine block heater $100.00 K34 Cruise control, electronic Inc. This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region_ Performance figures are guidelines only, and actual performance may vary- Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 13474, Data Updated: Apr 7, 2021 10 07-00 PM PDT_ Apr 8. 2021 Page 8 109 o Alaska Sales & Service Daniel Bacon 1 907 265 7535 1 danielb@aksales.com Vehicle: [Fleet] 2021 Chevrolet Silverado 3500HD CC (CK31403) 4WD Reg Cab 171" WB, 845, CA Work Truck ( Complete ) KW5 Alternator, 220 amps Inc. L8T Engine, 6.6L V8 $0.00 MYD Transmission, 6-speed automatic, heavy-duty $0 00 N2M Fuel tank, front only, 23.5 gallon ($100.00) N77 Skid Plates Inc. QQO Tires, LT235/80R17E all -season highway, blackwall $0.00 R9Y Fleet Free Maintenance Credit ($45.00) VK3 License plate kit, front $0.00 VQ2 Fleet Processing Option $0.00 VYU Snow Plow Prep Package $300.00 ZLQ WT Fleet Convenience Package $1,250.00 ZQO Tire, spare LT235/80R17E highway $380.00 SUBTOTAL $40,983.00 Adjustments Total $0.00 Destination Charge $1,695.00 TOTAL PRICE $42,678.00 FUEL ECONOMY Est City:N/A Est Highway:N/A Est Highway Cruising Range:N/A This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure_ Prices, specifications. and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region, Performance figures are guidelines only.. and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 13474. Data Updated: Apr 7. 2021 10:07:00 PM PDT. Apr 8, 2021 Page 9 flfN Quality Equipment & Sales, LLC 11801 South Gambell Street Anchorage, AK. 99515 Phone:907-349-6215 Fax:907-349-2332 ESTIMATE FOR SERVICES ESTIMATE # Estimate Date: 05/04/2021 City of Seward - 2022 Chevrolet - 3500 - PO Box 1671434 6TH AVE Lic # : -AK Odometer In: 0 Seward, AK 99664 Office: 907-224-4058 FAX: 907-224-5051 VIN # : Part Description / Number Oty Sale Ex# Labor Description Hours Extended Phoenix 12 x 96" Wood Deck 42" Header Full Window Size: 12 X 8 P12 12x96" City Steel Slat, Steel, 53.21" CSSLS53K post, Formed Hat, Universal, Steel, 10ga, 43.75"L POHUSE43T Plate Straight Side Zinc 5Z Bar Latch Zinc 1Z Maxon Tuk-a-way TE20L Low Height 2000lbs lift gate MAXTE20L 2 Step Bolt on dock bumper wllight cut for low bed MAX2step Low Bed Blade Assy., XV-2, SS 8.6 FE87200 OFF -TRUCK KIT XV2 SILVER FE87000-3 2020 ChevroletlGMC 2500 Mount Kit FE77109 CONTROL, UTV, HANDHELD FE FE85100 INTENSFIRE HALOGEN HEADLIGHT KIT, COMPLETE FE72530 Plug In Harness Kit FE72199 MODULE 3 PORT- DRL/NON-DRL F E29070-1 Shop Supplies 1.00 5,910.00 5,910.00 18.00 14.01 252.18 12.00 9.75 117.00 10.00 2.70 27.00 8.00 6.75 54.00 1.00 4,595.00 4,595.00 1.00 575.00 575.00 1.00 3,399.69 3,399.69 1.00 3,571.38 3,571.38 1,00 674.00 674.00 1.00 423.87 423.87 1.00 382.26 382.26 1.00 241.94 241.94 1.00 143.23 143.23 25.00 Misc Steel, Hardware and paint for flatbed 125.00 installation Install Flatbed 10A0 1,250.00 Bed Liner coating on stake sides 395.00 Fabricate and install custom 40" stake racks 14.00 1,750.00 Misc Steel, Hardware, Cablelconnectors 2W00 and paint for liftgate Install Tuk-a-way Liftgate 18.00 2,250.00 Install Snow Plow 6.00 750.00 Estimate for 2021/2022 Chevrolet 3500 HD 84"CA Chassis -Cadet wood deck heavy duty flatbed with full headboard -Custom 40" stake racks -Maxon Tuk-A-Way liftgate, 2000lbs capacity -Fisher 8'6" XV2 Stainless Steel V-Plow *Flatbed is in stock one (1) left at this price* Liftgate has 4-6 week lead time Snow plow to arrive fall of 2021 Hazardous Materials 25.00 McKenzie, Russell Page 1 of 2 Copynght (c) 2021 Mitchell Repair Information Company, LLC 11.19.14id 111 Quality Equipment & Safes, LLC 11801 South Gambell Street Anchorage, AK. 99515 Phone:907-349-6215 Fax:907-349-2332 ESTIMATE FOR SERVICES ESTIMATE # 049438 Estimate Date : 05/04/2021 City of Seward - Doug Schoessler 2022 Chevrolet - 3500 - PO Box 167/ 434 6TH AVE Lic # : -AK Odometer In: 0 Seward, AK 99664 Office: 907-224-4058 FAX: 907-224-5051 VIN # : Part Description / Number Qty Sale Ext I Labor Description Hours Extended Parts/Supplies: 20,391.55 Labor: 6,000.00 Sublet, 720.00 Total: $ 27.136.55 Motor vehicle repair practices are regulated by El This vehicle received YOU ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU HAVE chapter ATCP 132, Wis. Adm. Code, administered wlthoutface to face AUTHORIZED- THE REPAIR PRICE MAYBE LESS THAT THE ESTIAMTE, BUT WILL the Bureau of Consumer Protection, Wisconsin customer contact. NOT EXCEED THE ESTIMATE WITHOUT YOUR PERMISSION. YOUR SIGNATURE. Dept. of Agriculture, Trade and Consumer WILL INDICATE YOUR ESTIMATE SELECTION, 1. I request an estimate inwriting before you begin repair Protection, P.U. Box 0911, Madison, Wisconsin 53700.8911 Shop Representative Z. Phase proceed with repairs, but call me before continuing ifthe price vwiil Having authority to do so I hereby order the above products and services, parts and labor exceed $ and grant permission to you andfr your employees to operate the vehicle described for 3. I do not want an estimate the purpose or testing andror inspection. I agree to pay cash when thevwork is completed or to pay on other terms satislactQy to you. Until paid in full, the amount owing on this Do you want the replaced parts you are entitled to? ❑ Yes © No work shall consldute a Gen on the motor vehicle. if collection is made by suit or otherwise, I agree to pay storage and collection and reasonable attamey's tees. Customer Sign. Payment Will be made I,y El C9Sn 0 CheCK L I Credit ❑ Card Charge Date Call when vehicle is ready 0 Yes ❑ No McKenzie, Russell Page 2 of 2 GopryRght (a) 2021 MltCrtell Repair Intnmlation [:Onpffiry, LLC: ll.}y.79J0 "v, Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DIBBLE CREEK ROCK LIMITED FOR ROCK REMOVAL AT THE CITY'S FOURTH OF JULY CREEK ROCK QUARRY WHEREAS, rock removal from the City's Fourth of July rock quarry has previously been sold in two ways: 1) by entering into a management contract agreement with a contractor for quarry activities and sales, and 2) if no management contract is in effect for the site, the fair market sales price is established as stated in Seward City Code 7.25.020; and WHEREAS, on September 22, 2003, the City approved Resolution 2003-99, setting the price of rock extracted from the Fourth of July Creek Quarry at $5.00 per ton, specifically for the East Harbor Expansion Project and also used this price on subsequent other projects; and WHEREAS, reject material in a large pile known as Exhibit A may be an option for use in this project and would help clear out that area of the quarry if priced accordingly; and WHEREAS, the director has determined the fair price for material from only Exhibit A is $3.50/ton based on past sales and the State of Alaska royalty price of $3.27/yard; and WHEREAS, Dibble Creek Rock Limited has entered into contract with Alaska Railroad Corporation, and has agreed to provide 45,000 tons of rock for the Alaska Railroad Corporation Ballast Rock Project; and WHEREAS, Dibble Creek Rock Limited has determined that a sufficient quantity of new rock of the quality needed for the project is available at the City's Quarry located on tract "C" of the Fourth of July Creek Tracts, according to plat 84-6, commonly referred to as the Seward Marine Industrial Center (SMIC), whose location is within section 17, TIS, RIE, Seward Meridian (also known as the Fourth of July Creek Quarry); and WHEREAS, the City wishes to enter into an agreement whereby Dibble Creek Rock Limited may extract rock from the quarry for use on the Project without interfering with other potential users of the quarry; and WHEREAS, the City agrees that Dibble Creek Rock Limited may excavate, classify and/or remove 45,000 tons of ballast rock from the quarry to be used by the contractor to fulfill its contractual obligation to provide rock for the Alaska Railroad Corporation Ballast Project, at the rate to the City of $5.00 per ton (and or $3.50/ton for rock produced from the Exhibit A pile). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY "K3 CITY OF SEWARD, ALASKA RESOLUTION 2021-063 OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into an agreement with Dibble Creek Rock Limited, in substantial form as attached hereto and incorporated by reference, for rock removal from the Fourth of July Creek Quarry. Section 2. Notwithstanding the forgoing, the City Manager may make such changes or corrections as needed to finalize the agreement without changing the essential terms and conditions as set out in the attached agreement. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of May, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor ME Agenda Statement Meeting Date: May 24, 2021 To: City Council Through: Janette Bower, City Manager From: Doug Schoessler, Public Works Director Agenda Item: Authorizing the Acting City Manager to Enter into an Agreement with Dibble Creek Rock Limited for 45,000 cubic yards of ballast rock from the City's Fourth of July Quarry for the Alaska Railroad Corporation Ballast Rock Project. BACKGROUND & JUSTIFICATION: The City of Seward's Fourth of July Quarry has rock available to be produced, sorted and classified for use in projects as requested by contractors and agreed to by the City. Dibble Creek Rock Limited, a contractor on the Kenai Peninsula, has determined that a sufficient quantity of ballast rock of the quality grade needed for the Alaska Railroad Corporation Ballast Rock Project is available at the City's Fourth of July Quarry. The City will use past rock sale prices. Quantities will be sold by weight -as -scaled leaving the quarry. The contract is attached to this resolution and has been reviewed by the city attorney. Dibble Creek Rock shall have non-exclusive rights to remove rock from the quarry during the term of this agreement. The City shall have access to the quarry to remove rock as needed in order to respond to any emergency threatening the safety of person or property and that other persons may have nonexclusive rights granted by the City to remove rock from the quarry, now and in the future. INTENT: To enter into an agreement with Dibble Creek Rock Limited for $5.00 per cubic yard and/or that material documented from the unclassified material pile shown on Exhibit A may be removed at the rate of $3.50/ton. Dibble Creek Rock will produce and provide approximately 45,000 tons of ballast rock for Alaska Railroad Corporation project. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: x 2. Strategic Plan: Pg. x 3. Other: FISCAL NOTE: The General Fund can expect to receive between $157,500 and $225,000 in revenue through this agreement. Revenue will be coded to General Fund Gravel Sales revenue account no. 01000-0000- 4611. "k Approved by Finance Department: �'C ATTORNEY REVIEW: Yes X No Not Applicable. RECOMMENDATION: City Council approve Resolution 2021- authorizing the City Manager to enter into an agreement, in substantial form as presented at this meeting, with Dibble Creek Rock Limited for 45,000 tons of ballast rock from the Quarry for Alaska Railroad Corporation Project. W-] ROCK REMOVAL AGREEMENT CITY OF SEWARD ROCK QUARRY, SMIC This Rock Removal Agreement ("Agreement") is entered into and made effective this 24th day of May 2021 by and between the City of Seward. Alaska ("City") and Dibble Creek Rock Limited an Alaskan Corporation (the "Contractor") (collectively the "Parties"). RECITALS WHEREAS, the Contractor has entered into a contract with the Alaska Railroad Corporation ("ARRC") wherein the Contractor has agreed to provide up to a maximum of 45,000 tons of ballast rock (the "Project"); and WHEREAS, the Contractor has determined that enough new rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84-6. commonly referred to as the Seward Marine Industrial Center ("SMIC"), whose location is within Section 1 7, Tl S. RIE- Seward Meridian ("the Quarry"); and WHEREAS, City wishes to enter into an agreement whereby the Contractor may extract rock from the Quarry for use on the Project without interfering with other potential users of the Quarry; and WHEREAS. the City Council has approved this Agreement pursuant to its Resolution No. 2021- ; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein the Parties hereby memorialize their agreement. CONTRACT PROVISIONS 1. Contracting; Officer. The Contracting Officer shall be the City Manager who is authorized to interpret this Agreement on behalf of the City and authorize minor amendments consistent with the intent of this Agreement. The Contracting Officer hereby authorizes the City's Director or Public Works to make day to day decisions on grounds consistent with the terms of this Agreement. 2. Removal of Rock. City agrees that the Contractor may excavate, classify and/or remove up to 42,000 tons of rock from the Quarry to be used by the Contractor to fulfill its contractual obligations to provide rock to the Project and for no other purpose. The Contractor shall, at its own expense and risk, perform all site preparation, blasting, sorting, removal, and transportation operations (the "Work") necessary to remove the rock. To the extent practicable and upon mutual agreement of the Contracting Officer, the Contractor may remove the rock necessary for the Project from the unclassified material pile shown on Exhibit A attached hereto. All right, title, and interest in or to the rock remains with the city until the material has been MIN loaded, determined as to volume or weight, removed from the site, and paid for in compliance with this Agreement. Rock which is not removed from the Quarry and paid for by the Contractor within the period specified by this Agreement remains the property of the City. 3. Condition of the Quarry/Performance Bond. The City makes no representations or warranties, express or implied, as to the condition of the Quarry or the existence, accessibility, quantity, quality, or nature of any rock or other materials therein. The Contractor agrees to utilize the Quarry in an "as -is" condition. Upon completion of its Work, the Contractor shall restore the Quarry and the quarry access roads to the same condition or better as exists at the time of commencement of the Contractor's Work. Prior to commencing work, the Contractor shall obtain a performance bond in an amount of at least twenty thousand dollars ($20,000) for the benefit of the City for use in completing any unfinished obligations, including restoring the Quarry or access roads. Payment of the principal amount of the bond to the City shall not limit the Contractor's liability or restoration obligations. 4. Compensation. City will be reimbursed for rock removed from the Quarry at the rate o£ $5.00/ton. Material documented from the unclassified material pile shown on Exhibit A may be removed at the rate of $3.50/ton, Reimbursement shall be on or before the first day of each month, without demand or notice from the City. Payments which are more than 30 days past due shall accrue interest at the rate of .75% per month. Notwithstanding the above, the Contractor shall be in default of this Agreement if any payment is not made when due. The Contractor shall also pay all such applicable fees or charges as set forth in the City of Seward Terminal Tariff or other applicable City schedule of fees and charges as amended from time to time. All payments shall be accompanied by a monthly report of rock removed, in accordance with paragraph 5. 5. Measurement of Rock Removed from Quarry. Measurement of the quantity of rock removed from the Quarry will be by weight as measured for each truckload of rock removed from the Quarry and shall be verified by copies of invoices submitted by the Contractor to ARRC. The Contractor shall be responsible for the weigh scales, State of Alaska certification, obtaining services of, and for all costs associated with retaining and utilizing, a qualified person to determine the tonnage actually removed from the Quarry; such person shall be subject to approval by the City, which approval shall not be unreasonably withheld. 6. Commencement of Work/Inspection by City. Subject to obtaining the performance bond as described in paragraph 3, the insurance described in paragraph 7, and the permits in paragraph 12, the Contractor is authorized to commence work immediately, and continue until either its contractual obligations to provide rock to the Project have been completed or October 15, 2021, whichever comes first. City has the right but not the obligation to enter the Quarry for purposes of inspection of Contractor's operations at all reasonable times during the term of this Agreement. 7. Insurance. The Contractor shall provide workers' compensation insurance at statutory limits, general liability and contractual liability insurance in the amount of two million dollars ($2,000,000) per occurrence, and comprehensive automobile liability insurance (covering Mr.] bodily injury and property damage including all owned, hired, and non -owned vehicles) in the amount of one million dollars ($1,000,000) per occurrence, with the City named as an additional insured. If blasting to produce additional material, coverage under such insurance shall also include an explosives extension covering explosion, collapse and underground property damage hazards. City shall be provided certificates of all such insurance prior to removal of Rock under the terms of this Agreement. Such insurance shall include a waiver of subrogation and shall provide that City shall be given thirty (30) days' notice prior to any cancellation, termination, or non -renewal of the policy. Contractor shall not permit any vehicle in the Quarry that is not insured as required by this paragraph. 8. Indemnification. The Contactor agrees to indemnify, defend, and hold harmless City (including its employees, officers, insurers, and agents) from any and all claims, liabilities, causes of action, and demands, of any character or nature whatsoever, arising in favor of third parties and arising out or of relating to this Agreement or the performance of any Work or obligations hereunder. 9. Records. The Contractor shall keep accurate records of the weight of rock removed from the Quarry for shipment to the Project. City shall have the right to audit the Contractor's records concerning the volume and weight of rock removed from the Quarry. 10. No Assi ng ment. The Contractor may not assign its rights and benefits under this Agreement without the express prior consent of the City Council for the City. Any attempt at such assignment without such consent shall be a default of this Agreement. 11. Non -Exclusive Rights. The Contractor shall have non-exclusive rights to remove Rock from the Quarry during the term of this Agreement. This Agreement shall not be construed as giving the Contractor (a) the right to remove Rock from the Quarry for any other purpose other than for use in fulfilling its contractual obligation to provide rock to the Project, (b) the right to remove any materials other than the rock as described in Section 2 of this Agreement, (c) any rights to access or utilize the Quarry following expiration of this Agreement, (d) the right to remove rock in any way contrary to instructions, if any, requested by the Contracting Officer, or (e) any other rights whatsoever except as expressly granted by this Agreement. The City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of persons or property. The Contractor acknowledges that other persons may have or be given nonexclusive rights granted by the City to remove rock from the Quarry, and the Contractor expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry. 12. Permits/Compliance with Law. The Contractor shall obtain, at its own expense, all necessary permits, rights -of -ways, or other consents from all governmental agencies and shall comply with all applicable federal, state, and local laws, statutes, regulations, and ordinances, including but not limited to Chapters 7.25 and 11.25 and Section 9.15.310 of the Seward Code of Ordinances. The Contractor's authorization to remove Rock from the Quarry is conditioned upon the Contractor's prior receipt of required permits and certifications. MR] 13. Amendment. This Agreement may be amended, modified, or extended at any time by mutual agreement of the Parties, but any such amendment must be in writing, dated, signed by the Parties, and attached hereto. 14. Choice of Law and Venue. The Parties agree that this Agreement shall be governed by the laws of the State of Alaska, and venue for any dispute shall be in Seward, Alaska. 15. Remedies Upon Default. The City shall have the right, but not the obligation, to terminate this Agreement following 24 hours written notice of default to the Contractor. The Contractor shall have the right to cure such default within the notice period and thereby avoid termination, provided that no other default and cure has occurred. Notwithstanding termination, the City retains its rights to be reimbursed for all rock removed at a rate of 55.00/ton, up to and including the date of termination, and all other remedies available at law or equity. Paragraphs 3, 4, 7, 8, 15 and 17 shall survive termination. 16. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to this subject. There are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained herein, and any prior oral or written understandings are hereby extinguished. 17. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IN WITNESS WHEREOF the Parties hereto have executed this Agreement, the day and year first above written. Attest: Brenda Ballou MMC City Clerk DIBBLE EK ROC IMITED X. A� Print- By: CITY OF SEWARD City Manager Janette Bower 120 1 Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2003-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SET THE CITY ROCK QUARRY UNIT -PRICE OF $5.00 PER TON AS FAIR AND COMPETITIVE, FOR THE EAST HARBOR EXPANSION WHEREAS, the East Harbor Expansion, project is rapidly approaching and is expected to bid soon; and WHEREAS, the City must be prepared to quote a unit price for its rock resources to a bidder on this project; and WHEREAS, the total amount of "new" rock needed for this project is estimated to be 64,000 cubic yards; and WHEREAS, the bulk of available information regarding rock prices comes from the appraisal report from Gustayson Associates, dated June 4, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to set the unit price of $5.00 per ton as fair and competitive, for the East Harbor Expansion. Section 2. Sales of materials will be revenue to the General Fund account # 101-0000-4690- 0400. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APROVED by the City Council of the City of Seward, Alaska, this 22nd day of September, 2003 IPA CITY OF SEWARD, ALASKA RESOLUTION 2003-99 THE CITY OF SEWARD, ALASKA Stu Clark, Mayor AYES: Shafer, Branson, Dunham, Orr, Valdatta, Amberg, Clark NOES: None ABSENT: None ABSTAIN: None ATTEST: J n Le is C ty of Clerk (City Seal;00 'V�°�-r�©tOFlge'a SE .0 M • 4 AL iEn M ® x `°rrcaall"' `��: CHAPTER 7.25 - MATERIAL SALES 7.25.001 - Definitions. In this chapter (1) "Competitive sale" means a sale which is open to competitive sealed bid or proposal; (2) "Director" means the city manager or his designate; (3) "Fair market value" means the highest price described in terms of money, which material would bring if offered for sale for a reasonable time in the open market by a seller willing, but not forced, to sell to a buyer willing, but not forced, to buy, both being fully informed of the purposes for which the material is best adapted or could be used. (4) "Material" includes, but is not limited to, the common varieties of rock, sand, gravel, stone, pumice, pumicite, cinders, clay, topsoil, peat, and sod; (5) "Operator" means a person who has entered into a contract with the city under this chapter to operate and manage, and to purchase material from, a natural material site owned by the city. (Ord.2003-07) 7.25.003 - Interpretation. (a) Consistent interpretation and effect of invalidity. This title shall be construed to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to city owned land and materials. If any section of this title is declared invalid, the remaining sections shall not be affected. (b) Application in an emergency. The provisions of this title shall not be construed to limit an operator or the city from taking action necessary to protect life, limb or property in the case of an emergency. (Ord.2003-07) 7.25.005 - Management. (a) The director shall oversee operations and management of the city's material sources and all material sales. A management contract, if a person other than the director is to manage and operate the material site, shall be sought in accordance with the competitive sale procedures followed in the awarding of purchases, Title 6. (b) A manager, if selected by the city, and the manager's employees, subcontractors, and assigns shall comply with all applicable federal, state, and local laws and regulations. Compliance with the provisions of this chapter and other applicable sections of the Code of Ordinances shall be a material condition of a management contract. Failure to comply with the provisions of the code is cause for suspension or cancellation of the contract. (c) The city may authorize sales of materials to operators upon request, and in accordance with this chapter. If a management contract is in effect for a site, all requests to purchase materials from the site shall be through the manager of the site. (Ord.2003-07) 7.25.010 - Passage of title. All right, title, and interest in or to the material remains with the city until the material has been loaded, determined as to volume or weight, removed from the site, and paid for in compliance with the contract provisions and applicable laws and regulations. Material which is not removed from the sale area and paid for by the operator within the period specified by a contract remains the property of the city. (Ord.2003-07) 7.25.020 - Price, volume and weight determinations. Material prices and volumes or weights shall be determined in the manner required by a management contract or if no management contract is in effect for the site, then the fair market sales price established by the director. The director may consider market costs, prices, values, and other 123 information obtained from prudent operators, state and federal agencies, industry associations, price or market reporting services, or other sources and methods determined by the director to be in the best interests of the city. (Ord.2003-07) 7.25.025 - Contract provisions. A materials contract must include, but is not limited to (1) A description of the sale area, the maximum volume, board feet or weight of material to be removed from the sale area, the method of payment by the operator; (2) The operator's site -specific operating requirements including, but are not limited to, compliance with all applicable local, state and federal laws and regulations, requirements relating to boundary markers and survey monument protection; erosion control and protection of water; fire prevention and control; roads; sale area supervision; protection of fish, wildlife and recreational values; sale area access; safety; limitations on blast size and location and/or extraction methods with respect to the impact on adjacent and nearby properties, utilities and infrastructure; and reclamation; (3) A requirement that a performance bond be in place at all times for the duration of the contract covering, at a minimum, estimated rehabilitation costs and management agreement completion costs if performed by other than the operator; and (4) A requirement that the operator maintain insurance as determined by the city's risk manager, assumption of all risk and liability under the contract, and indemnification of the city including adding the city as an additional insured with a waiver of subrogation on all insurance policies. (Ord.2003-07) 7.25.030 - Use of roads and facilities. The director may use, and may authorize other persons to use, roads and facilities constructed and maintained by the operator during the contract period if the use does not interfere with the operations of the operator. The director may also limit the maximum load capacity of all city owned and/or maintained roads and streets to preserve the integrity of the road surface, cross section, drainage, edges and intersections. Access to the facility at any time using such roads and facilities by authorized city officials in the conduct of their official duties shall not be prevented or obstructed. (Ord.2003-07) 7.25.035 - Sale of other materials. The city reserves the right to use or sell from the sale area during the time that a materials contract is in effect material which is not covered by the contract if the director finds that removal of the material will not interfere with the operations of the operator. (Ord.2003-07) 7.25.040 - Rehabilitation. An operator shall rehabilitate the sale area. The contract may require the operator to submit a complete plan, to be approved in advance by the director for the area which must be rehabilitated. (Ord.2003-07) 7.25.045 - Proper location by operator. The operator is responsible for the accurate location of operations pursuant to a contract entered into under this chapter. At no time shall the operator extend material extraction operations outside the boundaries, intentionally or unintentionally, of the material extraction area unless specifically authorized in writing by the director. (Ord.2003-07) 7.25.050 - Inspection and reports. 124 (a) Activities conducted on city land under material sale contracts are subject to inspection by the city. Books and records of an operator, and/or of a manager's contractors and subcontractors, relating to operations under the contract are also subject to inspection at any time by the city. (b) The director will require the operator to submit monthly, semiannual, annual, or other periodic reports, including a final report. The reports must provide an accurate accounting of the quantity of materials removed. (Ord.2003-07) 7.25.055 - No warranty. The city warrants neither the quantity nor the quality of the material to be removed from an area. (Ord.2003-07) `PR City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page CALL TO ORDER The May 10, 2021 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sue McClure Sharyl Seese John Osenga Liz DeMoss Ristine Casagranda comprising a quorum of the Council; and Norm Regis, Acting City Manager Jessica Stallard, Acting City Clerk Brooks Chandler, City Attorney (telephonically) Excused — None Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City ofSeward is currently experiencing a declaredpublic health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Steve Leirer (in person) asked council to reconsider renaming Dairy Hill Lane to Chamberlin Road. He said Dairy Hill Lane was a short lane before it turned into Chamberlin Road, which was confusing. He said a memorial with Dairy Hill Lane, Fort Raymond, and the old boat harbor's history could be placed at Benny Benson Park, so the history of Dairy Hill Lane would not be lost by changing the road's name. He said the dairy no longer existed. Lynda Paquette (in person) was concerned that campfires were allowed at the Lowell Point waterfall. She was concerned about the odor being caused by the Lowell Point lagoon repairs. Paquette was honored to serve on the Electric Rate Study committee, and she encouraged council to make electric rates fair for everyone. City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page Laura Schneider (in person) said the Port and Commerce Advisory Board (PACAB) fully supported the work Happy Youth Programs & Education Resources (HYPER) was doing. The board requested that council also support HYPER and use the funds from the Norwegian Cruise Lines to purchase the Big Bay Beginnings building and rent it to HYPER. Schneider said childcare was in the top three issues that was affecting Seward, and a lack of childcare in Seward directly impacted some of her employees. Jackie Wilde (in person) said May was Mental Health Awareness month. The stigma that was associated with mental illness needed to end. She lost a friend to suicide this weekend. Suicide was the second leading cause of death between the ages of 10 to 24 and the fourth leading cause of death between the ages of 24 to 35. She was available to talk to anyone who needed to talk. She encouraged everyone to listen and show understanding. 1-800-273-TALK was a free, 24/7, confidential support line. Becky Dunn (telephonically) opposed the renaming of Dairy Hill Lane. She did not want to lose the history of Dairy Hill Lane. She reminded everyone to have their house numbers visible from the road. Dunn said the Combat Fishing Tournament was on May 26, 2021 and the Mermaid Festival was on May 14 -16, 2021. Phil Zimmerman said the Assessment District and the Developer Reimbursement Program (DRP) were two different programs that worked together but had different purposes. The Assessment District was a program to aid developers in the process of paying for the installation of city -owned infrastructure required for development. The Developer Reimbursement Program was a way for the city to partner with developers to make developing raw property feasible and to keep the cost of a property in a range where people could afford it. Zimmerman had his lots listed since October, 2020, but he recently pulled his listing because the city did not have funding for the Developer Reimbursement Program. Carol Griswold opposed the renaming of Dairy Hill Lane. She asked council to require the applicant to install his address on the post near the road rather than changing the name of Dairy Hill Lane. Sara Walker said finding childcare in Seward was difficult. She encouraged council to use the Norwegian Cruise Line funds to provide childcare for Seward. Margaret Anderson was in favor of renaming Dairy Hill Lane to Chamberlin Road. She said Mr. Leirer was out of town when council failed the renaming of Dairy Hill Lane on April 26, 2021. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda McClure added Resolution 2021-056 to the consent agenda. Motion Passed Unanimous 127 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page The clerk read the following approved consent agenda items: Resolution 2021-056, Authorizing The City Manager To Enter Into A Contract With Kendall Automotive For The Purchase Of One Model Year 2021 Transit-250 Cargo AWD Medium Roof Van 130" WB Base With An Extra Set Of Winter Tires And Rims With Sensors With The Cost Not To Exceed $41,160 And To Professionally Equip The Vehicle With New Police Safety Equipment, Radios, And Custom Decals With The Total Cost Not To Exceed $49,534.96, And Appropriating Funds. Resolution 2021-057, Authorizing The City Manager To Enter Into An Agreement For Up To 18 Months With RSR Contracting, LLC For Transmission Right -Of -Way Clearing Work, With The Contract Based Upon A Per -Mile Cost Not To Exceed $500,000 Over The Designated Period, And Appropriating Funds. Approval of the April 26, 2021 City Council Regular Meeting Minutes. Approval of the April 30, 2021 City Council Special Meeting Minutes. Non -objection to the renewal of the liquor license for Gene's Place — Beverage Dispensary — Tourism #4696. Non -objection to the renewal of the liquor license for The Cookery—Restaurant/Eating Place — Public Convenience #5400. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Building Safety Month Harbor Opening Weekend and Blessing of the Fleet Mermaid Festival Arbor Day Borough Assembly Report. Kenn Carpenter said the borough assembly had been working on the school budget, which was 85% of the borough's budget. They capped the budget at $48,000. The State had not decided what funds the school district would be receiving. The new school superintendent was Clayton Holland. The borough's budget was 3% higher than last year. Parking for Lowell Point Beach would be monitored this summer, and individuals would be ticketed or vehicles towed if they parked without paying. The only available parking for Lowell Point Beach was in the paid parking area. Carpenter was working with Marcus Mueller and the Borough Planning Department to sell lots in Old Mill subdivision and Blueberry Hill and make more housing available in Seward. 128 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page McClure wondered about the borough assembly members' possible conflict of interest at the last borough assembly meeting, because they either worked at the school or had relatives who worked at the school. Carpenter said the borough assembly had been working on school budgets, and they had one full time school teacher and a spouse of a teacher on the Borough Assembly. It was voted that these assembly members did not have a conflict of interest. Terry was concerned that Seward's projects were being taken off of the borough's Capital Improvement Plan list. She said the majority of the borough's projects were on the eastern side of the peninsula. Carpenter said the Seward track and football field were on the borough's list of projects that they wanted to accomplish. They were also working on acquiring land for an ice skating rink for Seward. City Manager Report. Acting City Manager Norm Regis reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $5,700 to Public Works for streets crack sealant; $5,800 to Public Works for street paint for the roads, crosswalks, sidewalks, etc.; $6,600 to Library for installing new flex lines and flow control valves; $7,086.02 to Fire for 2021 VFA grant items for award per Resolution 2021-039; $5,800 to Electric for 2021 construction season restock; $10,430 to Electric for 2021 construction season restock; $17,900 to Water for urgent -water maintenance and repair cell package OSEC 24ppd; $25,000 to Electric for purchase order for field engineering services; and $9,966 to Electric for unit heater installation in the electric warehouse. Regis read the following scoring criteria for the Certified Public Account (CPA) Services Request For Proposals: Capability to Perform Scope of Work in A Timely Manner 20 Past Experience and Performing Similar Work 20 Availability 20 Understanding the Work To Be Performed 10 Proposed Hourly Rates 30 Total 100 Police Chief Alan Nickell said a DMV clerk had been hired and would start remote training in-house on June 7, 2021. DMV would be open temporarily in August, 2021 in between trainings. Nickell anticipated the DMV clerk and their back-up would be completely trained and DMV would be open full-time again by Spring, 2022. Community Development Director Jackie Wilde said the Jesse Lee Home Memorial Park was 78% complete. The contractor for the Jesse Lee Home would start work in mid -May and hoped to complete the work by the end of May; the parking lot was being graveled. Community Development was working with R&M Consultants to engineer the cul-de-sac at the end of Benson Drive. Two trees on the Jesse Lee Home property would be removed and the trees would be milled, so pieces of the trees could be used in the park. Community Development would be working with the Historic Preservation Commission to install bronze signs. Two flagpoles would be installed. They were working on mimicking the stairs that were at the Jesse Lee Home. Wilde's goal was to have the 129 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page area cleaned up and the fence repurposed by mid -June. Community Development was working on repairing the original Balto marker and creating the Balto Dog Park. A survey with ideas for the Jesse Lee Home Memorial Park would be sent to citizens and council. Wilde would like to build an arbor at the Jesse Lee Cemetery using beams from the Jesse Lee Home. In response to DeMoss, Wilde said these projects would be funded by the grant funds received for the Jesse Lee Home. Terry said the Jesse Lee Home had been rezoned to a park. In response to Casagranda, Wilde said the grant specifically stated that the funds were to be used for a memorial and as much of the original Jesse Lee Home as possible should be used for this memorial. Council directed the city manager to provide council with visuals of ideas for the Jesse Lee Home, as well as the survey results, in a council presentation. In response to McClure, Public Works Doug Schoessler said Public Works had finished pumping sewer from one lagoon to the other today at Lowell Point. The contractor doing pipe repairs would start on May 12, 2021. He apologized for the odors caused by the lagoon repairs. In response to DeMoss, Assistant City Manager Stephen Sowell said campground reservations were looking strong and he would email booking numbers to council. City Attorney Report. Brooks Chandler (telephonically) said he would be attending the May 14, 2021 Board of Adjustment appeal hearings in person. The majority of legal charges for April came from the appeal hearings. Other legal services provided in April had been an employee grievance, the right-of-way contract, negotiations with electric utilities, Port & Harbor tariffs, updating leases, and a material sales agreement to sell some gravel. Other Reports and Announcements — None Presentations Right -Of -Way Clearing — Seward MP 18 to MP 23 by Rob Montgomery PUBLIC HEARINGS — None UNFINISHED BUSINESS Items for Reconsideration Resolution 2021-053, Approving The Renaming Of Dairy Hill Lane To Chamberlin Road Located North And West Of The Seward Lagoon, In The Cliff Addition to Seward Townsite. Motion to Reconsider (Casagranda/DeMoss) Reconsider Resolution 2021-053 `Ki6 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page Casagranda said she brought this resolution back for reconsideration at the request of one of her constituents. Motion to Reconsider Failed NEW BUSINESS Resolutions Yes: Casagranda, Osenga, Terry No: Baclaan, McClure, Seese, DeMoss Resolution 2021-058, Authorizing The City Manager To Establish Initial Funding For The Developer Reimbursement Program To Fulfill An Application Submitted By Phil Zimmerman For The Gateway Subdivision, And Appropriating Funds. Motion (Casagranda/Baclaan) Approve Resolution 2021-058 Sowell said 50% of the funds needed to be placed into the Developer Reimbursement Program account before an application could be considered. Motion to Postpone (Casagranda/Baclaan) Postpone Resolution 2021-058 to May 24, 2021. Casagranda wanted to fund the Developer Reimbursement Program for everyone rather than funding it for each individual applicant. She felt it would be beneficial for council to have the work session on the Developer Reimbursement Program before allocating funds to this program. She requested the resolution come back to council with the city attorney's review and the permanent city manager's approval. In response to McClure, Casagranda said postponing the resolution would allow the city manager to develop initial funding for the Developer Reimbursement Program. In response to Baclaan, Sowell said the application was not complete until the assessment was paid off and funds were made available for the Developer Reimbursement Program. Motion to Postpone Failed Motion to Amend (Baclaan/DeMoss) Motion to Amend Withdrawn Motion to Amend (Baclaan/DeMoss) Yes: Casagranda No: Seese, Baclaan, DeMoss, McClure, Osenga, Terry Amend Resolution 2021-058 by removing the 4tb Whereas and 6tb Whereas. Amend Resolution 2021-058 by replacing the applicant's name with "the Developer `K1 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page Motion Withdrawn Motion to Amend (Casagranda/DeMoss) Motion to Amend Passed Motion to Amend (Baclaan/DeMoss) Motion to Amend Passed Motion to Amend (Baclaan/DeMoss) Motion to Amend Passed Motion to Amend (Casagranda/Baclaan) Motion to Amend Passed Motion to Amend (McClure/DeMoss) Motion to Amend Passed Motion to Amend (Casagranda/DeMoss) Motion to Amend Passed Reimbursement Program" throughout the resolution. Amend Resolution 2021-058 by striking "to fill an application submitted by Phil Zimmerman for the Gateway Subdivision" from the title of Resolution 2021-058. Unanimous Amend Resolution 2021-058 by striking the 4th Whereas. Unanimous Amend Resolution 2021-058 by striking the 6th Whereas. Unanimous Amend Resolution 2021-058 by adding a 5th Whereas that reads, "The City Council supports the development of city land" and replace the last Whereas with "Whereas, the city council finds it in the citizen's best interest to fund the Developer Reimbursement and Incentive Program in the amount of $300,000". Unanimous Amend Resolution 2021-058 in Section 1 by replacing "$214,000" with "$300,000". Unanimous Amend Resolution 2021-058 in Section 1 by adding "$200,000 to come out of the general fund and $100,000 to come out of electric funds". Yes: Seese, Baclaan, Casagranda, DeMoss No: McClure, Osenga, Terry IBy: City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page Main Motion Passed Unanimous Other New Business Items Discuss the forensic audit. Council directed the city manager to bring back a resolution on the forensic audit bid for them to review and approve. Schedule a work session to discuss the Developer Reimbursement Program. Council scheduled a work session to discuss the Developer Reimbursement Program for June 14, 2021 at 5:30 p.m. INFORMATIONAL ITEMS AND REPORTS Letter from the New Superintendent of Kenai Fjords National Park. CITIZEN COMMENTS Becky Dunn (telephonically) said there was trash alongside Dimond Boulevard and Dieckgraeff Road. She suggested a program be created where individuals could clean up trash for community service. She said there was a flagpole on the low income housing apartments by the Jesse Lee Home that could be used to fly the Benny Benson flag. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis said he met with U.S. Senator Murkowski on May 5, 2021. Murkowski understood the difficulty of finding seasonal employees and she was made aware of the Lowell Canyon Tunnel project. The Coastguard Icebreaker would be returning to Seward this fall. Regis received 75% design for the North East Launch Ramp. Stephen Sowell would be Acting City Manager next week. Casagranda congratulated Deborah Altermatt, Shelly Shank, and Elle Zernia on the Mermaid Festival. She requested the Mermaid Festival be moved to earlier in May. She thanked Wilde for her citizen comments on mental illness. She thanked Rob Montgomery, Matthew Hubbard, and the electric rate study committee. DeMoss said Kayak Adventures had local discounts for May 22, 2021 and June 5, 2021. She thanked Schneider and HYPER for their recommendations to council. Seese thanked Rob Montgomery for the electric rate study. She agreed with Dunn that the garbage near the dump road should be cleaned up. She appreciated Schneider's comments on childcare. 133 City of Seward, Alaska City Council Meeting Minutes May 10, 2021 Volume 41, Page Osenga said enjoy the Harbor Opening and the Mermaid Festival. McClure said Resolution 2021-056 approved an Animal Control van. She said there were a lot of volunteer opportunities in Seward, including the annual Clean Up Day. She was proud of the current city council and their accomplishments. Baclaan thanked Schneider and Casie Warner for advocating for child care. He was a strong advocate for early childhood education and care. Seward Pride Alliance would be happening on July 30 and 31, and August 1, 2021. He was thankful to be a part of this council. Terry asked administration to check with the borough on cleaning up the dump road. She was excited for the Mermaid Festival. She thanked Schneider and Casie Warner for their comments on childcare. She would be gone June 23-July 6, 2021. The Norwegian Cruise Line funds were being discussed at a future city council meeting. Sowell said he had been in contact with the Norwegian Cruise Lines about the $1,000,000 that Seward would be receiving and he would bring information to council as soon as he received it. ADJOURNMENT The meeting was adjourned at 9:21 p.m. Jessica Stallard, CMC Christy Terry Acting City Clerk Mayor (City Seal) 134 gLaswP AGENDA STATEMENT Meeting Date: May 24, 2021 From: Jessica Stallard, Deputy City Clerk 1 ` 5' Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Chattermark Restaurant/Eating Place — Public Convenience Seasonal License ##5040 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Chatterimark, License ##5040, Restaurant/Eating Place — Public Convenience Seasonal. i6R MEMORANDUM Date: April 12, 2021 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Brenda Ballou, City Clerk RE: Verifying Compliance for the Renewal of Liquor License RECEIVED MAY 17 2021 OFFICE OF THE CITY CLERK The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Chattermark Licensee: Chattermark LLC Type of License: Restaurant/Eating Place — Public Convenience Seasonal License Number: 5040 Department Status Initials Finance/Leases n I a NA- 4f11a a 1 Finance/Utilities qpr'- lx 0 0,-C— ti - t2 2j Police Chief C'0M [;0'J 1}Qt1 j �a Fire Chief //%�al * Deadline for Protest: June 8, 2021 * Last Council Meeting for Non -Objection: May 24, 2021 iKi1.1 THE STATE "1ALASKA GOVERNOR MIKE Di"N L.AVY April 9, 2021 Departmev�t of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71i' Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269,0350 City of Seward Kenai Peninsula Borough Via Email: clerk@cityofseward.net ; bballou@cityofseward,net ; MBergokpb.us ; MJenkinsCaftlo.us ; SNess@kpb.us ; TShassetz@kpb.us ; Re: Notice of Liquor License Renewal Application License oBa Number Type City Borough Community Council 4334 Cake Keg#4334 Package Store Seward Kenai Peninsula Borough NCNE 5040 Chatter ark Restaurant;Eating Place -Public Convenience Se,,rd ` Kenai Peninsula Borough NQNE Seasonal We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11,480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localp,overnmentonly@alaska.gov IiMli rJ'INC All, AMCO Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensinAPalaska.eov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Doing Business As: Chattermark License Number: 5040 License Type: Restaurant/Eating Place -Public Convenience Seasonal Examiner: OF Transaction #: �100030986 Document Received Completed Notes AB-17: Renewal Application 12/30 4/7 App and License Fees 1 2129 Receipt says 12/9. Most likely 12/30 and my typo Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit COI / COC / 5 Star FP Cards & Fees / A13-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? aMailing address and contact information different than in database (if yes, update database)? f In "Good Standing" with CBPL (skip this and next question for sole proprietor)? f Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? LGB 1 Response: LGB 2 Response: 11 Waive El Protest O Lapsed El Waive D Protest El Lapsed [Master Checklist: Renewal] (rev 09/20/2018) Page 1 of 1 138 D2FAF59-2853-49 DC-94A 1-2C4AF32420D3 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 w 7%venue, Suite 16M Anchorage, AK 99501 aicaRaLlii�nsins��alas€:aa.rov itttos:l/ure+tiv.commerce.aiaska.€;ov/web jantco Phone: 907.269,0350 • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 per A5 04.11.270, 3 AAC 304.160, with all required fees paid in full, or a non -re Fundable $500.00late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS 04.11.540,3 AAC 304.160(e), e All fields of this application must be deemed complete by AM CO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS 04.11-270, 3 AAC 304,105 C Receipt and/or processing of renewal payments by AMCD staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Est>i1rlllont Contact tnflrmattaan Licensee (owner): Chattermark, LLC license#: 5040 License Type: REPL- Seasonal (Public Convenience) Doing Business As: Chattermark Premises Address: 220 4th Avenue, Seward AK Local Governing Body: Kenai Peninsula Borough, City of Seward Community Council: I your mailing address has changed, write the NEW address below: Mailing Address: City: State: ZIP: $�ctl(oet Licensee. Qn, act llnl ®ll• ati op Contact Licensee: The individual listed below must b.elisted in Section 2 or 3 as an official/owner/Shareholder of your entity and must be listed on CBPLwith the same name and title. This oerson will be the designated point of contact regarding this license, unless the optional contact is completed. Contact ucens.ee: Toni Strauss Cantact Phone: 907-575-5354 Contact Email: chattermark@yahoo.com Optional: If you wish for AMCD staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Cindy Franklin Contact Phone: 907-830-0707 Contact Email: cindy@bcarlsonlaw.com blame of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: [Form AB-171(rev09/23/2020) ,AW Page 1 of 4 139 DocuBign Envelope ID: ED2FAF59-2853-49DC-94A1-2C4AF3242OD3 i; Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application e�iion- 2 Eln#I< y o>r Galmlmunit 6wners l� In or a lEot Sole Proprietors should skin this Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity A Alaska CBPL Entity M. 1131648 1 DEAD BEFORE PROCZEDiNG: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied_by a full set of fingerprints on FBI -approved card stock, AB-08a's, payment of $48.25 for each nevi officer with a date -stamped copy of the CBPL change per AS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS O4.11.050(c). DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. Corporations of aM type including non-profit must list ONLY the following: a All shareholders who own 10% or more stock in the corporation c Each President, Vice -President, Secretary, and Managing Officer regardless of percentage awned Limited Liability Corporations, of gn X type must list ONLY the fallowing: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentage owned Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 10Q. or more o All General Partners regardless of percentage owned Important Note. All entries below must snatch our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose information we require. If mores ace is needed: attach additional completed copies of this A .1.a:. .,1 t..F., ar....... 4, — s1,le Ai11 hn rainrtnri. Name of Official, Charles E. Jackson Title(s): Member Phone: 907-250-2541 1 % owned: 50 Mali.ingAddress: 1120 E. Huffman 24 PMB 416 City: jAnchorage I state: AK I ZIP: 99515 Name of Official: Toni Strauss Title(s): Member I Phone: 907-575-5354 1 % owned: 50 Mai ling Address: 1120 E. Huffman 24 PMB 416 City: Anchorage I state: JAK ZIP: 99515 Name of Official: Title(s): Phone: % Owned: Nlaili.ng.,gddress: City: State: ZIP: [Form AB-171(reY09/2312020) %.AA,("7`. Page 2 of4 140 Docugign Envelope ID: ED2FAF59-2853-4917C-94A1-2C4AF32421DD3 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application ec$0e n 40q Proprietor, ® hers Cor or f orls L C s and P21rtnerships of ALL kinds should skip this section. READ GEFEi PE P€ OCEEDING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS O4.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Note: All entries below must match our records, or your application will be returned per A5 04.11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. 7hlc Individual is an: I lAnntir.nt I I Affiliate Name: Contact Phone: Mailing Address. City: State: ZIP: Email: This individual is an: I jAppicant lAffiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: � C$IIiS)f1 6ic��ise ®Per'a$Von Check ONE SOX for EACH CALENDAR YEAR that best describes how this liquor license was operated: 2019 2020 1. The license was regularly operated continuously throughout each year. (Year-round) ❑ ❑ 2. The license was only operated during a specific season each year. (Seasonal) If our o erotion dates have than ed list them below: April 1 to September 30 'a. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. he this tsnn, El complete AR-30: t) Proof of Minimum erntion Checklist and all docum ntation most provided with 4. The license was not operated at all or was not operated for at least the minimum requirement of 240total hours during both calendaryears, A complete ForM AS-29: waiver of operation Mpricatlon_ each year, one or and correspandtna fees must be submitted with this application for each catendorvear durinn whkh the license was not operated. If Vou have not met the minimum number of hours of operation in 2020you are not required to pay the frees however a complete AB•29 is required with Section 2 marked `OTHER" and COVID is listed as the reason. Bed iolfi, � 1/l&911a$ Ana an �io11vic 1 ons Yes No Have ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been ❑ convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2019 or 2020? df Voy checked VES, watt MUST attach a list of all Notices Of VIDI stiott andjarCOnvawo"s per 6504.1i.22'O{a)(21 Ityau are unsure i you have received any Notices of violation contact the office before submit—Hna this form. [Form AB-171(rev09/23/2020) A fl f ' Page 3 of4 'I! -I -? 0 -)0)l) 141 DocuSign Envelope ID: E02FAF59-2853-49QC-94A1-2C4AF3242oD3 Alaska Alcoholic Beverage Control Board :" V, Form A -17: 2021/2022 License Renewal Application Sn�tIsall� & ,�:riifications , As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. 0 1 agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. 0 1 certify that all current licensees (as defined in AS O4.11,260) and affiliates have been listed on this application, and that in accordance with AS O4.3.1.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. 0 I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10% or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest orownership of the business license, and have provided all required documentsfor any new or changes in officers. 0 1 certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth In AS O4.21.025 and 3 AAC 304,465. 0 1 certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO Is grounds for rejection or denial of this application or revocation of any license issued. Doc uS, gg"d by: �a Ay(t g t+ ibl� NOTARY PUBLIC 1'leatherAn Hemenway Signature of licensee STATE OF AL,ASKA Sig Lure of Notary Pu Ilc Charles E. Jackson, Jr. Cornrnission ires Oct . r 6, 2023 and the state of: Alaska Printed name of licensee My commission expires: 1( N rtir :: I r OCJ 3 Subscribed and sworn to before me this�day of Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must Include a completed AB-25: Supplier Certification All renewal and supRiemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: $ pp Application Fee: $ 300.00 Misc. fee: $ 'total Fees Due: $ Cx? [Form AB-171(rev09/23/2020) _'�, MCX. Page 4 of4 142 k1! 6 (, `e )►j< THE STATE 01ALASI A GOVI-R10R MIKI; DUNLEAVY Department of Con merce, Con i,'n iity, and Economic Devel, pment ALCOHOL & MARIJUANA CONTROL OFFICE 550 Wes# Seventh Avenue, Suife 1600 Anchorage, AK 9950I Main: 907.269.0350 April 7, 2021 Chattermark LLC DBA: Chattermark Via Email: chattermark@vahoo.com ; cindv@bcalsonlaw.com Re: Restaurant/Eating Place -Public Convenience Seasonal License #5040 DBA: Chattermark Dear Applicant: I have received your application for renewal of your liquor license. Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4A1.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest. Your application will be scheduled for the Apri12021 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the alcoho1.lice nsing@alaska,gov email address if you have any questions. Sincerely, Olivia Frank Occupational Licensing Examiner 143 Division of Corporations, Business and Professional Licensing https:/,'www.commerce.alaska.gov/cbp/main/Search/EntityDetail/131648 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska / Commerce f Corporations, Business, and Professional Licensing / Search & Database Download I Corporations 1 Entity Details ENTITY DETAILS Names) Type Name Legal Name Chattermark, LLC Entity Type: Limited Liability Company Entity #: 131648 Status: Good Standing AK Formed Date: 11/18/2010 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 Entity Mailing Address: 1120 E HUFFMAN 24, PMB 416, ANCHORAGE, AK 99515 Entity Physical Address: 220 4TH AVENUE, SEWARD, AK 99664 Registered Agent Agent Name: Charles Ellott Jackson Registered Mailing Address: 1120 E. Huffman PMB 416, Anchorage, AK 99515 Registered Physical Address: 1120 E. Huffman PMB 416, Anchorage, AK 99515 Officials Show Former AK Entity # Name Titles Owned Charles Jackson Member 50.00 Toni Strauss Member 50.00 144 1 of 1/6/2021, 10:48 AM Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Seareli/EntityDetail/I i 1648 Filed Documents Date Filed Type Filing Certificate 11/18/2010 Creation Filing Click to View 3/13/2012 Biennial Report Click to View 10/24/2013 Biennial Report Click to View 3/31/2015 Change of Officials Click to View 4/08/2016 Biennial Report Click to View 4/22/2016 Change of Officials Click to View 1/02/2018 Biennial Report Click to View 2/25/2019 Change of Officials Click to View 3/08/2020 Biennial Report Click to View COPYRIGHT © STATE OF ALASKA • DEPARTMENT OF COMMERCE. COMMUNITY. AND ECONOMIC DEVELOPMENT 145 21 of 2 1/6/2021, 10:48 AM Alaska Business License # 950543 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that CHATTERMARK LLC 1120 E HUFFMAN #24 PMB416, ANCHORAGE, AK 99515 owned by CHATTERMARK, LLC is licensed by the department to conduct business for the period January 27, 2020 to December 31, 2021 for the following line(s) of business: 72 - Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner i Q[A51�Y AGENDA STATEMENT Meeting Date: May 24, 2021 From: Jessica Stallard, Deputy City Clerk :7*' S Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business; Woody's Thai Kitchen Restaurant/Eating Place — Public Convenience License #5239 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Woody's Thai Kitchen, License 45239, Restaurant/Eating Place — Public Convenience. 147 MEMORANDUM Date: April 23, 2021 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jessica Stallard, Acting City Clerk :r" S ` RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Woody's Thai Kitchen Licensee: Justin Biocic & Rene Likitprachacomb Type of License: Restaurant/ Eating Place —Public Convenience License Number: 5239 Department Status Initials Finance/Leases 10�A mm 41 Finance/Utilities Qv1k SL 4-aft*-2j Police Chief Fire Chief FIE a h4'r- f shy% j . r7% * Deadline for Protest: June 22, 2021 ,P01 �A-OA-Y) J46-B 148 THE ST ATATE 01ALASKA GO ERNOR IKE 171:'N'11AVY April 23, 2021 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7ch Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 City of Seward Kenai Peninsula Borough Via Email: clerk@cityofseward.net ; bballou@cityofseward.net ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; TShassetz@kpb.us ; Re: Notice of Liquor License Renewal Application Li cc nse DBA Type City Borough Community Council Number _T. 5239 1 Woody's Thai Kitchen I RestaumnVFa[ing Place -Public convenience I Senard Kenai Peninsula Samugh NONE We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4A1.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11A80 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, C� A� Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Notice of Violation (3AAC 304.525) This form, all information provided and responses are public documents per Alaska Public Records ACT AS 40.25 Date: 8/27/19 License #/Type: 5239 Restaurant / Eating Place -Public Convenience Licensee: Justin Biocic & Rene Likitprachacomb DBA: Woody's Thai Kitchen Address: 800 Fourth Ave, Seward, AK 99664 AMCO Case #: 19-1405 This is a notice to you as licensee that an alleged violation has occurred. If the Alcoholic Beverage Control Board decides to act against your license, under the provisions of AS 44.62.330 - AS 44.62.630 (Administrative Procedures Act) you will receive an Accusation and Notice of your right to an Administrative Hearing Note: This is not an accusation or a criminal complaint On 8-27-19 an inspection was conducted at your establishment. As part of the inspection, licensee Rene Likitprachcomb was asked to provide proof of current server education. Ms. Likitprachcomb provided Inv. Hamilton TAP card 144738, which had expired on 5-5-19. Your attention is directed to AS O4.21.025: Alcohol server education, AS O4.21.030: Responsibility of licensees, agents, and employees and AS O4.16.150: Licensee responsible for violations You are directed to respond in writing to this Notice of Violation within 10 days of receipt to explain what action you have taken to prevent a re -occurrence of this violation. FAILURE TO RESPOND TO THIS NOTICE OF VIOLATION WITHIN 10 DAYS WILL RESULT IN YOUR APPEARANCE, EITHER IN PERSON OR TELEPHONICALLY, BEFORE THE ABC BOARD AT THEIR NEXT REGULARLY SCHEDULED BOARD MEETING. `Please send your response to the address below and include your alcohol license number in your response. 3 AAC 304 525 (B) provides that upon receipt of a Notice of violation, a licensee may request to appear before the Director and be heard regarding the Notice of Violation. The request must be made within ten days after receipt of the Notice and the Director must grant an appearance within ten days after receipt of a request A Licensee shall respond, either orally or in writing, to the Notice Alcohol & Marijuana Control Office ATTN: Enforcement 550 W. 71h Ave, Suite 1600 Anchorage, Alaska 99501 amco.enforcement(a)alaska.gov Issuing Investigator. J. Hamilton SIGNATURE Delivered VIA: Mail updated 4,23119 Jk A. Received by: SIGNATURE: Date: 150 111 i %;l'J�i w Ct ta qmm# ed 464 i 4J w 43 t f� O M p N M # p O R m QCL .0 ❑ ` = t QI .. m x © Lu U 00 at -a T h C O C co O L7 01 CD cu U E tm 4) N O c toG v w 81 O 0 Cr cs 'U h O � � CV CO p C R O i to �? U r.. R i Y 0 m as o � E o � U s. d1 O M 5. N Q 0) h W O Z I "r.t�f� liILVIFVI dIIV 3v1d 11fUdlld LlllllFYVF UI(FLr 0!. 550 w 7 Avenue, r °t^ Suite 16M Anchorage, AAC 99501 AMCO�,hohuS-Been;€nr(aEaSka_gw 11L1�35:%�L"14ti L"I.C.L73F1fY1PY£P-3�r�5i:1-!�;(3Vi �'rPl�,fdliECO Prone: 907.269.0350 Alaska Alcoholic Beverage Control Board Forte -17; 2021/2022 License Renewal Application ® This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a nonrefundable $500.00late fee applies. o Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS 04.11.540,3 AAC 304.160(e). s All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304.105 a Receiptand/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. your mailing address has changed, sprite the NEW address below: Mailing Address: City: State: ZIP: Section I - Licensee Contact Information Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: 6 W��r Met C/oContact Phone: G 2 5•0 Contact Email: IQ ,e 'L '� � PAA i 0 l Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: Name of Contact: I I_ Contact Phone: .FL `intact Email: hk ,13-Y7j (revp9/23/202fl) I Alaska Alcoholic Beverage Cout€ of Ilo,i, d �1Ja r1 Form AB-17., 2021/2022 License R(C nc'wai Application Sectiort 2 — Entity or Costtrtrt:nity Chart(!r...tji1t lJifr�sstt �tir,rt CB ( Erittty u: If -,;41'1i C�i�l l.11l €�''. i •I I• I'-.1� DO NOT LIST OFFICERS OR TITLES THAT Ali NOT REQUIRED FOR YOU ENTITY TYPE. • �:-"^Jf itl �rt5, .: ,�y..�. I . I,.i=r-.I r, . i 'i�nt Enl (ii�:Y fh. '.I€r „ , 0, llc t• f l;;' 1, 1rc:I I,,ry, .tl.(i11.to1+.€ € ;J€t l'r r€',. 41 (J'• , r.lt. • L-rr=tau 0-ibility Corporations. CI any .}jl• rl;yl:i'i,t ONLY Uwt' Ic.;!_I,. h ,3r? ow: PT%h,t) Iril'r['S1 of J(}' or n,rf, 0= SJIa' 1L�. o•� F ;!te' D-M) rej;aICJf('=541 t�rlC-nlaI ,00wn,'EJ • Fc:, tft@.'ShipS 0! Orly ,.nlu;t iESt C3vLY Olt, fo!!o:` in. €' = �. I!'til t•; l: h .ill Ir uh 5* of 10".•. of €sore, .. % U:' .i> MeT ti :i rcenio E, e GYvnvd lr-per".ar.t Rote: must ; I r. a : r_ q_ red t€llei, pl1Cn(, Mj-^b2r, J)i=f:.2ntii E of sh; res owned (ii at:o6ca:)IP) and ,i',1;! ',d,. rl. JrcSS for cis u' -^:I .,'f �� Inforn3 •t!cr :';r- rre„Ire. if inoree55nace is needed: attach additional tam_ol coo es of this ps�e. AdcfifionaJ information not on thispaLe u-ifi_�e reiected. Name of Official: f t� i' L i �/ I (•�G� �i��j Titles}: :n,A1PJI Fhone: f Mailing Address:, , 3 city: i #ate: Z1P: I Name of Official: To5�' Av 0 C, i I Title(s): � � ����, Phone: ,.1 �' %Owned: Mailing Address: p- qv qs Icity: I state: ZIP: � Name of Official: T ii Title(s): Phone: % Owned: Mailing Address: I City: State: ZIP: �_ 4 t Ci� l arm R6 I7} j• , € +� ?:.. -. AMCO RECV 4/15/21 2 u 4 153 u Alaska Alcoholic l3everage Contiol Board Form AB-17. 2021/2022 License Renewal Application Section 3 - Sole Proprititor 0miar:sttip Information ('0111tlr,ttitlII -Ind 11 1 11rt ?a $tl rit"ili:F !.U,.t-:1,spr tk h, 1s44n, �•�:1„sfi fi., a �� >. icl :'.11 • .�' f 1l1• r I`.i•1.r. •,.lt; r5n •.1 il,' .tf �,s,s,,r i•,., sl Is} .+ Is,il 1l .,I fn.i., 1 .,, ..,. 1 y:, �, �. i i .F. 1' now cq%^.k , ,r . . 1 < ,ur,1 •1 ,1.,11• `.t,""i ri [l , ,rl1y n! 11" 1 441'I- hr i"t All..fa•,r fit .a y,r,u lmp,?itant Note, 1... +l•-.-�, .'t. 1E s!„•.t ,n ,S, is „�„ ,. ,uJ; , � y., :,,r � ,- �',. must • '� t �ci'.s: ,!, ^,-. �,'•i.rr• air,ni�r•,. d,'ft ,xis+lnit' ,,i41rr•,,, Iqy r.:f �, r,a• , .,, i, ' it =1i1rc^ ?pace i% ni Cdod attach .additional copies of this page. Addatonal riwn,rS n••t I "- "1 r !. , ja ,. rP : r'r•u This in4;wouai IS an I Name: tact Phone- Mailing Address: City: Email: �-OV? R pit vie, State: This individual is and VJN ri,cant ] kffmate v MCnr(. (,C'vtl ZIP: U� 3 I game: tAA Contact Phone: ? Mailing Address: j City: ��IVr� f "\l State: ZIP: Lj Email: ! �� f `� V✓1 C/{ /?tiU1( {' J Section 4 - License bperation Cherie 0,Nt 80): ;or EACH CA: I NnAR Y(AR that best describes how this I,q.:o!' license \vas operated: 2019 2020 i The hcersse was regularly operated continuously throughout each yeas iyear-louod) 2 The license was only operated during a specific season each year. (Seasonal) L� tf • our operorron dctes hove changed, list them below: ❑ ❑ to The license was only operated to meet the rillnirnun1 regtnrement of 240 total hours each calendar year. ❑ ❑ f rer_.v,t,frte lSS 3Q Yrc��f ot urrd all dot uwentnvon nr,,,4' ve viOvided wrtlr fh,n rc�n1_ 4 The license was not operated at all or was not operated for al least the minimum requirement of 240 total ❑ hours each year, dJnng one or both calendaryearS. &ronjlerP rarfnAF-29 Waiver of Oper000n.{� anti, nrrPsjrndrrra(e.gS,n�.t- - ---.,. - d i_vrrh lhrs u}rplicvl,orr ftlri•och ealclid(1ryew dut-Ing tvhOl the hi en;e �IVQS 1701 o.L_eta(ed if rLoou have not met the minimum number of hours of operation in 2020, you are not required to pay the fees, however a complete Af3-29 is required with Suction 2 marked "01 HfR" and COVID is listed as the reason. Section 5 -- Violations and Convictions Yes No Have ANY Notices of Violation been issued far• this license OR has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 In 2019 or 2020? rj Tu chechcJ Yi!S. ypv MUST attach a list o1n11 Notices 9.Viofatio+�• enC lot Conyi�tiotrs pea AS t14 1,1 270!a),.') f1 you are unsure if You have received ga Notices of Violation, contact the office before submitting thi�armµ 154 AMCO RRCV 4/15/21 ' :�titccy Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • I certify that all current licensees (as defined in AS O4.11.260) and affiliates have been listed on this application, and that in accordance with AS O4,11.450, no one other than the licen5ee(s) has a direct or indirect financial interest in the licensed business. + I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (105o or more), Managers, Corporate Officers/Board of directors, Partners, Controlling Interest or Ownership of the business license, and have provided aft required documents for any new or changes in officers. • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 304.465. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. %(.( KERNA°'/�i Signature of licensee _ �C�TARy .• y= Signature YNotary Public I 'k�` { � Au01 ry-Vubli-in and for the State of: Printed name of licensee My commission expires: (1 r Subscribed and sworn to before me this day of 20ZD . Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification All renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: $ (� (�,} Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ 11r: [Form AB-17] (rev09/23/2020) 155 Page 4 of THE STNIT 'ALASKA April 19, 2021 Justin Biocic & Rene Likitprachacomb DBA: Woody's Thai Kitchen Via Email: renene7573(@email.com Department of Commerce, C mmunl , and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550'West Seventh Avenue, Suite 1600 Anchorage, Ar 99501 Main: 907.269.0350 Re: Restaurant/Eating Place -Public Convenience #5239 DBA: Woody's Thai Kitchen Dear Applicant: I have received your application for renewal of your liquor license, Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and A5 04.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest. A temporary license has been issued for this establishment. Your application will be scheduled forthe Apri12021 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4,11.480(a). Please feel free to contact us through the alcohol.licensing@alaska.gov email address if you have any questions. Sincerely, Olivia Frank Occupational Licensing Examiner `M, STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx ISSUE® LIQUOR LICENSE 5239 4/19/2021 2021 _ 2022 Ll( NSE RENEWAL APPLICATION DUE © 0 -- ? MBER 31, 2022 (AS 04.1 L270(b)) ABC BOARD THIS LICENSE EXPIRES MIDNIGHT B.RCIARY 28, 2023 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/ Eatinr F Convenience LICENSE FEE: $600.00 ii§91.3 DIB/A: Woody's Thai Kitchen 800 Fourth Avenue Mail Address: Justin Biocic & Rene Likitprachac,, -nb PO Box 483 Seward, AK 99664 04-900 (REV 9/09) CIT ' 1 BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGECONTROL BOARD DIRECTOR TH IS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx LIQUOR LICENSF. 5239 ISSUED 2021 - 2 Q 2 2 iFNSE RENEWAL APPLICATION DUE 04/19/2021 DECEMBER 31, 2022 (AS O4.11.270(b)) ABC BOARD THIS LICENSE EXPIRES MIDNIGHT r FEBRUARY 28, 2023 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatin, Convenience LICENSE FEE: $600.00 D/ B. A: Woody's Thai Kitchen 800 Fourth Avenue Mailing Address: Justin Biocic & Rene Likitprachacomb PO Box 483 Seward, AK 99664 CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ I Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD _ raspy DIRECTOR THIS LICENSE MIST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 9/09) INA 7 AMCO r�t,�RbL OVV,0.. Alcohol and Marijuana Control Office SSO W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensinRfLalaska"Rov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Doing Business As: Woody's Thai Kitchen License Number: �239 License Type: Restaurant/Eating Place -Public Convenience Examiner: OF Transaction #: 100032299 Document Received Completed Notes AB-17: Renewal Application 12/31 4/19 App and License Fees 12/31 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit 12/31 4/13 NOV Attached COI / COC / 5 Star FP Cards & Fees / AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? P Mailing address and contact information different than in database (if yes, update database)? r/ In "Good Standing" with CBPL (skip this and next question for sole proprietor)? 7 Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? ®✓ LGB 1 Response: LGB 2 Response: Waive ® Protest El Lapsed Waive El Protest 11 Lapsed [Master Checklist: Renewal] (rev 09/20/2018) Page 1 of 1 158 co uO LP co a� a y C E Q O d O E O i O 0 W i E O U GJ C1 L a1 E O U O E N al CO O a 67 65 Y Q co a) e 7 O 0 X O m O 0- W ob IT 2 0 CU CO \/ (3) i. W VJ cn ch 0 x In 0 o rn c > u m m L � � O M a) O � � N o `O e e C V] ) O ca O � Q G ch O N .0 O N w O U O Q N U p e O N O U W CO (o L e ( C m �L O� Q(D Cl. L oQ - � —( �� �� N E L �= c G a) e U .Cl U Q E L L N E 1L H = --.) U 159 RECEIVECs CITY OF SEWARD, ALASKA MAY 13 2021 APPLICATION FOR THE OFFICE OF T"PEWARD HISTORIC PRESERVATION COMMISSION CITY C,LFRK NAME: %f (/, (_-)L STREET ADDRESS: _ , r xA-- MAILING ADDRESS: E-MAIL ADDRESS HOME TELEPHONE: 0 .2 -`(L-1 t - 7Z5 :; LENGTH OF RESIDENCY IN THE SEWARD AREA: V-S PRESENTLY AS: Z� 6 r�� ULisq any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: r I am specifically interested in serving on the Historic)J Preservation Commission /because: i 1 ('�H V Cd ✓1d i'uz7/V [ i � a �-,'�� L <_��,� ' -I '�✓L�i-� ��-,'� Gi � S� �t . G�i" � c S� t/ � � � ls�i c � �,S /a Ile Have you ever served on a similar commission elsewhere?Yes or No If so, where?And when? If appointed, are you willing to: • Do historic research? YES) NO • Work on preparing grant applications? NO • Work on writing historic register nominations? NO • Attend toric preservation w kshops? YES NO ._ --a--, � f z SIGN TUBE DATE o 160 Agenda Statement Meeting Date: May 24, 2021 To: City Council From: Stephen Sowell, Assistant City Manager Agenda Item: Determination of use for $1,000,000 donation from Norwegian Cruise Lines BACKGROUND & JUSTIFICATION: On May 4, 2021, Norwegian Cruise Lines announced their intention to donate $1,000,000 to several communities in coastal Alaska. The intention is to give back to those communities that will not be hosting cruise ships during the 2021 sailing season. In discussions with City Administration, Norwegian clarified that their objective is to have locally elected officials (City Council) determine how best to use these funds. No firm date on receipt of the funds has been provided, but will likely take place in the next 60 days. RECOMMENDATION: City Council to discuss the gift to the City of Seward on behalf of Norwegian Cruise lines and provide Administration direction on how to proceed with these funds. 1G11 Date: May 24, 2021 From RE: Memorandum Brenda Ballou, City Clerk Review status of online business license program and provide direction on next steps BACKGROUND On August 24, 2020, council approved Resolution 2020-067 to contract with Dude Solutions, Inc. for an online business license, permit, and inspection portal in the amount of $23,134.78. The cost was to be divided between the City Clerk, Community Development, and Fire/Building over the course of two years. The Go Live date was scheduled to be in time for the October 1, 2021 business license renewal date. The IT Director was named as the Project Manager and he rallied all the departments involved to provide workflows, forms, dependencies, and processes to the vendor. All city -furnished documentation was uploaded into the vendor's system in a timely manner. The vendor had staffing issues over the winter, and began making promises that they would hire a new staff on their end to do the work. By April, 2021, as the delays continued, the vendor finally came forward to say they would not be able to fulfill the contract on time as agreed. CURRENT STATUS Dude Solutions, Inc. has furnished a new timeline (included herein) that would essentially push us off for another year, with a new Go Live date of March, 2022. NEXT STEPS Below are some next steps for council's consideration: -or- Council direct the city clerk to accept the modified timeline from Dude Solutions with a Go Live date of March, 2022. - Would require the city clerk to arrange for another "extension" on the current program to get through another license cycle; cost $300-500, depending on availability of programmer. 2. Council direct the city clerk to research and find anew vendor to provide an online business license portal. Recommend pursuing a full refund from Dude Solutions. The city clerk would explore LaserFiche as a possible solution, among other vendors. Timeline for Go Live is TBD. `"M Task Name Duration Start Finish Client Homework 240d 09/18/20 08/23/21 Start Date 66d 09/02/21 12/07/21 Configuration 44d 09/02/21 11/03/21 Fees/GL Account 20h 09/02/21 09/16/21 Department Types (20 Templates) 40d 09/02/21 10/28/21 Building 40h 09/02/21 09/30/21 Licensing/ Recurring Inspections 40h 10/01/21 10/28/21 Portal Configuration 8h 10/29/21 11/03/21 Connectors 24d 09/02/21 10/06/21 Parcel Connector 24d 09/02/21 10/06/21 Map Connector 8d 09/27/21 10/06/21 Financial Connector 16h 09/02/21 09/14/21 Merchant Connector 10h 09/02/21 09/09/21 Reporting 0.5d 10/29/21 10/29/21 Standard Reports 1 h 10/29/21 10/29/21 User Acceptance Testing 80d 10/29/21 02/23/22 Client UAT 160h 10/29/21 02/23/22 UAT & Data Corrections 40h 01/27/22 02/23/22 Training 12d 02/08/22 02/23/22 Virtual Training 24h 02/08/22 02/23/22 Go Live 1 d 02/24/22 02/24/22 Post Go live 25d 02/25/22 03/31 /22 Project Management 29h 03/11 /22 03/31 /22 Updated timeline form Dude Solutions dated May 17, 2021 f[c191 Agenda Statement Meeting Date: May 24, 2021 To: City Council From: Stephen Sowell, Assistant City Manager Agenda Item: Capital Improvement Plan Discussion BACKGROUND & JUSTIFICATION: In preparation for the upcoming budget process and Capital Improvement project planning, Administration obtained the feedback from City Council members on their priorities for the Capital Improvement Plan. Administration provided Council the data obtained from that survey. hi order to continue working on the Capital Improvement Plan, Administration would request scheduling a follow up Work Session. RECOMMENDATION: Schedule a follow up, two-hour work session to continue working on the Capital Improvement Plan. The preferred date is June 28, 2021 at 5:00 p.m. 164 IN THE MATTER OF APPEAL FROM THE DECISION OF THE CITY OF SEWARD PLANNING COMMISSION GRANT OF A CONDITIONAL USE PERMIT APPLICATION FOR OPERATION OF A RECOVERY HOUSING, SUBSTANCE ABUSE TREATMENT CENTER, AND MEDICATION ASSISTED TREATMENT CLINIC WITHIN A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD MODERN MOTORS SUBDIVISION LOCATED AT 402 SECOND AVENUE WITHIN THE AUTO COMMERCIAL ZONING DISTRICT Appellant: Carol Griswold Appellee: City of Seward Planning Commission Appellee's Representative: Jackie Wilde, Community Development Director Having sat to hear an appeal pursuant to Sections 2.10.080, 15.01.025 and 15.10.410 of the Seward City Code and held a properly noticed public hearing on the above -referenced appeal on May 14, 202, considered all the evidence in the record and all of the arguments made at the appeal hearing and having voted to modify the decision of the Plamling Commission by replacing condition 3 with a differently worded condition 3 the Board of Adjustment of the City of Seward adopts the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. The property involved in this appeal is Lot 2 1 A Block 25, Original Townsite of Seward Modern Motors Subdivision located at 402 Second Avenue within the boundaries of the City of Seward ("the Property"). 2. The Property is in a land use district designated on the City of Seward Zoning Map as Amended as the Auto Commercial (AC) district. The Property is the only lot in the immediate area in the AC district. 3. The current use of all other lots surrounding the Property is a residential use. 4. On or about March 8, 2021, SeaView Community Services ("Seaview") submitted an application for a conditional use permit to allow development of a recovery housing, substance use residential treatment and medication assisted treatment clinic on the Property ("the Application"). 5. The Application indicated that the building on the Property contains four (4) housing units each of which has its own kitchen and bathroom. One unit is less than 1,000 square feet and has two bedrooms. One unit is greater than 1000 square feet and has three bedrooms. One unit is greater than 1,000 square feet and has two bedrooms. One unit is greater than 2,500 square feet and has 4 bedrooms. W 6. The parking plan submitted with the Application identified two off street outdoor parking areas. One area depicts capacity for 6 vehicles and an adjacent carport depicts capacity for two vehicles. The precise dimensions of these spaces and each of the parking areas is not indicated. 7. The proposed use of the Property includes both short term residential housing and on site treatment for individuals with substance use disorders. The Application indicated the maximum residential capacity would be 20 with 2-3 support staff on site that would use office space within the existing structure to operate a medication assisted treatment ("MAT") clinic. 8. A substance use disorder is a medical condition. 9. The MAT clinic would operate outpatient medical services including dispensing medication prescribed to assist individuals with substance use disorders. 10. The residential housing arrangement would consist of multiple individuals living in each of the existing four units as a single housekeeping unit. 11. Seaview operates an existing recovery housing facility at 601 6t" Ave.. A property value trend analysis submitted with the Application indicates no significant change in property value of properties close to this existing recovery housing facility when compared to properties further away. 12. On April 6, 2021 the Planning and Zoning Commission held a public hearing on the Application. During the public hearing, the Commission received multiple comments from members of the public indicating that persons recovering from a substance use disorder presented health and safety risks to the community. The Commission also received multiple public comments indicating that the addition of recovery housing would reduce health and safety risks to the community associated with untreated addiction to drugs. This input is reflected in the transcript that is part of the administrative record. 13. The Commission unanimously approved a motion to amend a proposed a conditional use permit with conditions to add a condition 1(h) to require the pen -nit to return to the Commission for a one year review to include having a public hearing and to require SeaView to submit quarterly reports to the Commission that address the facility's activities. 14. The Commission then passed by a vote of 5-2 a motion approving the conditional use permit as amended. 15. The Planning Cormmission prepared written findings in the form of Resolution No. 2021-008. In addition to condition 1(h) the Resolution included the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to occupancy the following shall be completed per International Fire IRS: Code (IFC) and International Building Code (IBC): b. Install required monitored residential sprinkler system that meets IFC and NFPA 13R Required Fire Alarrn system that meets NFPA 72 and IFC C. Install a Knox box d. Any locking devices including Electric locks will meet egress requirements per IFC Fire and Life Safety Inspection once all requirements are met e. Code Study: all Building and Fire Codes concerning a mixed -use occupancy in regards to Life Safety and Accessibility shall be met and a Stamped State of Alaska Architect Letter stating code compliance met. f. Protective bollards installed to protect fuel tanks in parking area. g. The applicant will work with city staff prior to any remodel, construction, or other changes of use 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. Eight (8) off-street parking spaces are required. 4. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use 16. Based on explanations of the parking requirements made by the Director of the Community Development Department contained in the administrative record, the Board finds that condition 3 requiring 8 parking spaces was based on a determination that there were 4 dwelling units on the Property each of which required 2 parking spaces per SCC 15.10.215. 17. A timely appeal from the decision of the Planning Commission was filed by Carol Griswold on April 14, 2021. Ms. Griswold appealed the Commission decision to grant the CUP including condition 3 requiring eight off-street parking spaces. 18. In the appeal notice and written statements submitted as part of the administrative record Ms. Griswold asserted that the Planning Commission erred in finding that the proposed use of the Property subject to the conditions imposed by the Commission satisfied the criteria for granting a conditional use permit established by SCC 15.10.320(D). Ms. Griswold also asserted that SeaView's application should have been evaluated as an "Unlisted Use" under SCC 15,10.130 rather than as a conditional use for a mixed use multiple family dwelling and medical clinic under SCC 15.10.320. Ms. Griswold requested the Board of Adjustment "deny the Conditional Use Permit (CUP) in its entirety". CONCLUSIONS OF LAW 1. SCC 15.10.430 allows the Board of Adjustment to "affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be just under the circumstances." KIM 2. The Seward City Code does not specify a burden of proof or establish the standard of review to be applied by the Board of Adjustment when considering appeals from decisions of the Planning Commission. In determining this appeal, the Board has applied the legal standard known as "reasonable basis". Under this standard the decision of the Commission will be affirmed unless the Board of Adjustment determines that the Commission's decision is plainly erroneous or clearly inconsistent with city code provisions in Title 15. This standard is used because the Commission and the Community Development Department are charged with interpretation and application of both planning policy and code provisions that involve particularized expertise regarding planning and zoning matters. These include such decisions as whether to evaluate a proposed use as a "mixed use" multiple family dwelling and medical clinic using existing use classifications that are most similar to the proposed use or as an "unlisted use" under SCC 15.10.130. 3. The Land Uses Allowed Table, SCC 15.10.226, identifies a medical clinic as a "Use Permitted Outright" in the Auto Commercial Zoning District. 4. The Land Uses Allowed Table, SCC 15.10.226, identifies a dwelling, multi -family (3 or more units) as a "Use Requires Conditional Use Permit" in the Auto Cormmercial Zoning District. 5. The Auto Commercial District, as defined in SCC 15.05.025(b)(8), is intended to provide areas to accommodate highway -oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking. and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. 6. There was a reasonable basis for the Commission to detennine the proposed MAT operation and on site treatment is a "clinic" as defined by SCC 15.10.140(23). 7. A MAT clinic is a "medical clinic" as that phrase is used in the table of uses (SCC 15.10.226). 8. There was a reasonable basis for the Community Development Department and the Commission to conclude that the type of use identified in the table of land uses at SCC 15.10.226 that most closely matches the proposed use as recovery housing is "dwelling, multi -family". 9. There was a reasonable basis for the Community Development Department and the Commission to conclude that the proposed use of the Property for recovery housing is consistent with the definition of Dwelling- multiple family as set forth in SCC 15.10.140(31)0). The residents in each unit are properly considered roommates and as such fall within the definition of "family" set forth in SCC 15.10.140(b)(32). 10. There was a reasonable basis for the Community Development Department and the Commission to apply land use classifications that combined the most closely analogous code definitions to the proposed mixed uses identified in the Application rather than treat this mixed use of the Property as an "unlisted use" under SCC 15.10.130. This decision involved an exercise of judgment in interpretation and application of Title 15 that is within the expertise of the Department and the Commission and is not plainly erroneous or clearly inconsistent with the provisions of Title 15. 11. The proposed use of the Property combines a use allowed outright and a conditionally permitted use. This creates a conflict in code requirements. SCC 15.10.135 specifies that the most restrictive regulation applies. Therefore, SeaView's proposed use of the Property required a conditional use permit. 12. The conditional use pen -nit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. SCC 15.10.320(a). 13. Before the proposed conditional use may be allowed the Planning Commission must find that all of the following criteria are met: A. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the Auto Commercial District. B. The value of adjoining property will not be significantly impaired. C. The proposed use is in harmony with the Seward Comprehensive Plan. D. Public Services and facilities are adequate to serve the proposed use. E. The proposed use will not be harmful to the public safety, health or welfare, 14. SCC 15.10.215 establishes parking requirements for the AC district. 15. Multiple family dwellings are required to have "2 parking spaces per dwelling unit plus'/2 space for every unit larger than 2 bedrooms or greater than 1,000 square feet in size". 16. The calculation of the number of required parking spaces on which condition 3 is based fails to account for the fact some of the units exceed 1,000 square feet. This is a mathematical calculation based on clear code language and is clearly erroneous. The Planning Commission erred by including a condition requiring 8 parking spaces for the Property. ADOPTION OF PLANNING COMMISSION FINDINGS The Board of Adjustment specifically incorporates by reference as part of the Board's Findings of Fact and Conclusions of Law the findings of the Connnission as stated in Resolution No. 2021-008 Sections 1(A), 1(B), 1( C), I (D) and I ( E) as if fully set forth herein. Wherefore, having set forth findings of fact and conclusions of law, the City Council of the City of Seward sitting as a Board of Adjustment under SCC 15.01.025 hereby modifies the 169 decision of the Seward Planning and Zoning Commission approving the application for a conditional use to allow use of Lot 21A Block 25, Original Townsite of Seward Modern Motors Subdivision as recovery housing, substance use residential treatment and a medication assisted treatment clinic to replace condition 3 with the following condition: 3. The applicant shall meet all applicable code parking requirements for a multi -family dwelling as calculated based on the size of each of the four dwelling units. In all other respects the Commission's decision to grant the CUP as modified by the Board in its decision on Seaview's appeal is affirmed. The Board ORDERS the Community and Development Director to prepare and issue a conditional use permit to operate recovery housing, substance use residential treatment and a medication assisted treatment clinic on the Property to SeaView Community Services subject to the conditions identified in Planning and Zoning Commission Resolution 2021-008 as modified by this decision. This is the final administrative action of the City of Seward on this appeal. This action may be appealed to Superior Court. Any such appeal must be filed within thirty (30) days from the date these Findings of Fact and Conclusions of Law are adopted. Duly #Oopted this 18' day of Hon. Christy Tfry Chair L� City of Seward Board of Adjustment This is a final decision of the Board of Adjustment of the City of Seward, Alaska. An appeal of this decision must be made to the Superior Court within thirty (30) days from the date of this decision. 170 IN THE MATTER OF APPEAL FROM THE DECISION OF THE CITY OF SEWARD PLANNING AND ZONING COMMISSION GRANT OF A CONDITIONAL USE PERMIT APPLICATION FOR OPERATION OF A RECOVERY HOUSING, SUBSTANCE ABUSE TREATMENT CENTER, AND MEDICATION ASSISTED TREATMENT CLINIC WITHIN A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD MODERN MOTORS SUBDIVISION LOCATED AT 402 SECOND AVENUE WITHIN THE AUTO COMMERCIAL ZONING DISTRICT Appellant: SeaView Community Services Appellant's Representative: Siena Caruso Appellee: City of Seward Planning Commission Appellee's Representative: Jackie Wilde, Community Development Director Having sat to hear an appeal pursuant to Sections 2.10.080,15.01.025 and 15.10.410 of the Seward City Code and held a properly noticed public hearing on the above -referenced appeal on May 14, 202 , considered all of the evidence in the record and all of the arguments made at the appeal hearing and having voted to modify the decision of the Planning Commission by removing condition 1(h) from the conditional use permit approved by Resolution 2021-008 the Board of Adjustment of the City of Seward adopts the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. The property involved in this appeal is Lot 21A Block 25, Original Townsite of Seward Modern Motors Subdivision located at 402 Second Avenue within the boundaries of the City of Seward ("the Property"). 2. The Property is in a land use district designated on the City of Seward Zoning Map as Amended as the Auto Commercial (AC) district. The Property is the only lot in the immediate area in the AC district. 3. The current use of all other lots surrounding the Property is a residential use. 4. On or about March 8, 2021, SeaView Community Services ("Seaview") applied for a conditional use permit ("CUP") to allow development of a recovery housing, substance use residential treatment and medication assisted treatment clinic on the Property ("the Application"). 5. The Application indicated that the building on the Property contains four (4) housing units each of which has its own kitchen and bathroom. One unit is less than 1,000 square feet and has two bedrooms. One unit is greater than 1000 square feet and has three bedrooms. One unit is greater than 1,000 square feet and has two bedrooms. One unit is greater than 2,500 square feet and has 4 bedrooms. `VA 6. The proposed use of the Property includes both short term residential housing and on site and walk in treatment for individuals with substance use disorders. The Application indicated the maximum residential capacity would be 20 with 2-3 support staff on site that would use office space within the existing structure to operate a medication assisted treatment ("MAT") clinic. 7. A substance use disorder is a medical condition. S. The residential housing arrangement would consist of multiple individuals living in each of the existing four units as a single housekeeping unit. 9. On April 6, 2021 the Planning and Zoning Commission held a public hearing on the Application. During the public hearing, the Commission received multiple comments from members of the public indicating that persons recovering from a substance use disorder presented health and safety risks to the community. The Commission also received multiple public comments indicating that the addition of recovery housing would reduce health and safety risks to the community associated with untreated addiction to drugs. 10. The Commission unanimously approved a inotion to amend a proposed conditional use permit with conditions to add a condition 1(h) to require the permit to return to the Commission for a one year review to include having a public hearing and to require SeaView to submit quarterly reports to the Commission that address the facility's activities. 11. There is no evidence in the record indicating the City of Seward has ever granted a temporary 1 year conditional use pen -nit for any other proposed multi -family dwelling in a district where such use is allowed as a conditional use. 12. There is no evidence in the record indicating the City of Seward has ever required a person who has been granted a conditional use permit to come back to the Commission a year after the conditional use permit has been granted for an additional public hearing regarding their conditionally permitted use. 13. There is no evidence in the record indicating the City of Seward has ever required a person who has been granted a conditional use permit to submit quarterly reports on their conditionally pennitted use to the Commission. 14. A review of the transcript of the public hearing indicates that the primary reason the Commission approved condition 1(h) was that the persons that would be living on the Property in recovery housing would be recovering from substance abuse disorders. 15. A timely appeal from the decision of the Planning Commission was filed by SeaView on April 19, 2021. Seaview appealed the inclusion of condition 1(h) in the CUP contending this condition illegally discriminated against future residents of the Property based on their status as recovering from substance abuse disorders. `r`: 16. Appellee's representative did not dispute SeaView's position in written materials "rebutting" Seaview's appeal and did not make any statements at the appeal hearing disputing or rebutting Seaview's contention condition 1(h) violated state and federal law. CONCLUSIONS OF LAW 1. SCC 15.10.430 allows the Board of Adjustment to "affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be just under the circumstances." 2. The Seward City Code does not specify a burden of proof or establish the standard of review to be applied by the Board of Adjustment when considering appeals from decisions of the PIanning Commission. In determining this appeal, the Board has applied the legal standard known as "substitution of judgment" and independently evaluated the administrative record and applicable law in reaching this decision. The Board has applied this standard because the issues presented by Seaview on appeal raise questions of state and federal laws related to housing discrimination and discrimination against individuals with disabilities that do not involve the expertise of the City's Community Development Department or the Planning and Zoning Commission. Even though Appellee did not dispute any of Seaview's contentions the Board has independently evaluated whether condition 1(h) exceeded the Commission's authority to include conditions in the CUP. 3. The Federal Fair Housing Act ("FHA") makes it unlawful "[t]o discriminate in the sale or rental or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap." 42 U.S.C. 3604(f)(1). 4. Court decisions from across the United States have held that persons recovering from drug or alcohol addiction are disabled under the FHA and therefore protected from housing discrimination. These court cases are referenced in SeaView's appeal statement that is part of the administrative record. 5. Zoning practices that discriminate against persons recovering from drug or alcohol addiction have also been found to violate the FHA by federal courts as referenced in Seaview's appeal statement that is part of the administrative record. Zoning practices can include impositions of conditions on the granting of a zoning permit. 6. Including a provision in this CUP based on proposed use of the Property as a multi- family dwelling to be inhabited by persons considered disabled under federal law that has never been included in any other CUP based on use of property as a multi -family dwelling and has never been included in any other CUP for any conditionally permitted use in the City discriminates against disabled persons in violation of the Fair Housing Act. The Commission did not have authority to include conditions in the CUP that violate federal law. 7. Because the Board of Adjustment has concluded condition 1(h) violates the Fair Housing Act, the Board has not evaluated Seaview's claims condition 1(h) violates the Americans with 173 Disabilities Act, the equal protection clause of the Alaska Constitution or the Alaska Human Rights Act. The Board has also not evaluated SeaView's claim Commissioner Ambrosiani should not have participated in the Commission's consideration of the CUP due to a conflict of interest. Wherefore, having set forth findings of fact and conclusions of law, the City Council of the City of Seward sitting as a Board of Adjustment under SCC 15.01.025 hereby modifies the decision of the Seward Planning and Zoning Commission approving the application for a conditional use to allow use of Lot 21A Block 25, Original Townsite of Seward Modern Motors Subdivision as recovery housing, substance use residential treatment and a medication assisted treatment clinic to eliminate condition 1(h). In all other respects the Commission's decision to grant the CUP as modified by the Board in its decision on Ms. Griswold's appeal is affirmed. The Board ORDERS the Community and Development Director to prepare and issue a conditional use permit to operate recovery housing, substance use residential treatment and a medication assisted treatment clinic on the Property to SeaView Community Services subject to the conditions identified in Planning and Zoning Commission Resolution 2021-008 as modified by this decision. This is the final administrative action of the City of Seward on this appeal. This action may be appealed to Superior Court. Any such appeal must be filed within thirty (30) days from the date these Findings of Fact and Conclusions of Law are adopted. Duly adopted this 18" day of Wotr Christy Ter�y Chair City of Seward Board of Adju This is a final decision of the Board of Adjustment of the City of Seward, Alaska. An appeal of this decision must be made to the Superior Court within thirty (30) days from the date of this decision. 174 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM Clt of Seward eneral Fund Page: 1 For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 4000 Tax Revenue - Sales 0 73,987 4,256,017 (4,182,030) 1.74 4010 Tax Revenue - Real Property 0 3,812 1,060,000 (1,056,188) 0.36 4011 Tax Revenue - Personal Property 0 9,584 415,000 (405,416) 2.31 4012 Tax Revenue - Motor vehicle 0 1,089 25,000 (23,911) 4.36 4020 Hotel/Motel Room Tax 16,395 37,990 673,135 (635,145) 5.64 4030 Payments in Lieu of Tax 0 5,294 130,000 (124,706) 4.07 4031 Contra Payments in Lieu of Tax 0 0 (78,000) 78,000 0.00 4040 Penalties and Interest on Taxes 0 784 1,500 (716) 52.24 4100 Building Permits 8,439 13,057 41,600 (28,543) 31.39 4101 Permits - Taxi 217 325 1,100 (775) 29.58 4102 DMV - Drivers License 965 6,565 19,000 (12,435) 34.55 4103 DMV - Motor Vehicles 2,602 16,286 58,000 (41,714) 28.08 4104 Animal Control Licenses 10 50 200 (150) 25.00 4105 Business License 1,530 7,410 21,000 (13,590) 35.29 4106 License and Permits - Misc 280 539 3,500 (2,961) 15.40 4107 Inspection Fees 213 991 0 991 0.00 4202 Jail Contract 0 92,238 350,000 (257,762) 26.35 4203 Dispatch Contract w/State of AK 0 9,000 36,000 (27,000) 25.00 4204 KPB 911 Dispatch 0 0 52,800 (52,800) 0.00 4205 Alaska Liquor Tax 0 0 20,000 (20,000) 0.00 4206 Alaska Raw Fish Tax 0 0 420,000 (420,000) 0.00 4207 Fisheries Resource Landing Tax 0 538 2,500 (1,962) 21.52 4251 Grant Revenue - Federal Grants 0 0 587,609 (587,609) 0.00 4252 Grant Revenue -State Grants 0 995 7,000 (6,005) 14.21 4300 Admin. Exp. -Jail 9,378 37,512 112,537 (75,025) 33.33 4301 Admin Exp.- Harbor 31,188 124,753 374,258 (249,505) 33.33 4302 Admin. Exp. -SMIC 8,325 33,298 99,895 (66,597) 33.33 4303 Admin. Exp.-Parking Fund 973 3,892 11,675 (7,783) 33.33 4304 Admin. Exp. - Electric 81,360 325,441 976,322 (650,881) 33.33 4305 Admin. Exp. -Water 22,445 89,780 269,340 (179,560) 33.33 4306 Admin. Exp. -Sewer 13,707 54,828 164,483 (109,655) 33.33 4307 Copying Fees 0 181 7,000 (6,819) 2.59 4308 Sales Tax Credit 0 0 4,000 (4,000) 0.00 4309 Zoning Fees 715 1,260 1,500 (240) 84.00 4320 Misc Dog Fees 75 125 600 (475) 20.83 4322 Miscellaneous Dispatching 833 3,333 10,000 (6,667) 33.33 4323 Miscellaneous Police Fees 260 680 2,500 (1,820) 27.20 4331 Shop Work Orders 0 35 2,000 (1,965) 1.75 4340 P&R: Public Use Fees 0 0 1,300 (1,300) 0.00 4341 P&R: Punchard Fees 0 0 8,000 (8,000) 0.00 4342 P&R: Class Registrations 0 0 43,000 (43,000) 0.00 4343 P&R: Facility Rental 0 28 4,400 (4,372) 0.64 4344 P&R: Tournaments 0 0 1,700 (1,700) 0.00 4345 P&R: Special Events 3,063 3,673 19,100 (15,427) 19.23 4347 P&R: Shower Fees 0 0 18,500 (18,500) 0.00 4348 P&R: Rock Wall Fees 0 0 250 (250) 0.00 4349 P&R: Pavilion Fees (75) 1,369 6,700 (5,331) 20.43 4350 P&R: Camping Fees 279,986 292,359 1,325,050 (1,032,691) 22.06 175 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM Clt of Seward Page: 2 eneral Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget 4351 P&R: Camping w/Utilities 95,003 100,268 352,750 (252,482) 28.42 4352 P&R: RV Dump Station 0 0 16,000 (16,000) 0.00 4353 P&R: Misc Revenue 0 0 600 (600) 0.00 4356 P&R: Cemetery Plot Fees 0 0 500 (500) 0.00 4370 Library Service Revenue 723 2,253 15,000 (12,747) 15.02 4371 Library Circulation Revenue 0 0 4,000 (4,000) 0.00 4373 Museum Admissions 0 0 12,000 (12,000) 0.00 4380 Land Rents & Leases 3,450 16,400 42,500 (26,100) 38.59 4382 Jail Facility Rental 2,500 10,000 30,000 (20,000) 33.33 4383 Municipal Building Rent 0 32,500 43,471 (10,971) 74.76 4400 Fines and Bails 1,380 2,676 17,000 (14,324) 15.74 4500 GFInterest on Investments 52,538 (43,747) 81,000 (124,747) (54.01) 4501 GF Penalties & Interest 893 1,017 1,500 (483) 67.79 4620 Franchise Fee - Refuse 0 5,058 17,500 (12,442) 28.91 4639 Misc Service Fees 88 88 0 88 0.00 5899 Miscellaneous Revenue 0 0 0 0 0.00 5930 Assessment Principal 0 32,921 0 32,921 0.00 Total Revenues $ 639,459 $ 1,412,515 $ 12,200,892 $ (10,788,377) $ 11.58 176 Monthly Budget Expenditure Report by Fund Run: 5/18/2021 at2:26 PM City of Seward Page: 1 General Fund g For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 308,497 1,217,531 4,421,088 3,203,557 27.54 6001 0900 - Debt Service Overtime 14,959 62,311 204,219 141,908 30.51 6002 Standby Time 1,129 4,871 8,093 3,222 60.19 6100 Medicare 6,354 25,148 96,262 71,114 26.12 6101 Unemployment Insurance 0 2,856 16,900 14,044 16.90 6102 Workers' Compensation 14,057 62,222 252,018 189,796 24.69 6200 0900 - Debt Service Leave Time 35,081 151,992 423,239 271,247 35.91 6201 Retirement Benefits 72,880 286,086 968,891 682,805 29.53 6202 Health Insurance (3,320) 353,532 2,315,677 1,962,145 15.27 Total Personnel Costs: $ 449,637 $ 2,166,549 $ 8,706,387 $ 6,539,838 $ 24.88 Non -Personnel Costs: 7000 Audit 0 71,864 115,000 43,136 62.49 7001 Communications 10,044 35,376 117,673 82,297 30.06 7002 Postage and Freight 540 8,559 37,971 29,412 22.54 7003 Banking & Credit Card Fees 10,632 13,789 52,600 38,811 26.21 7004Insurance 0 139,863 252,943 113,080 55.29 7006 Legal 5,918 18,920 80,000 61,080 23.65 7009 Contracted Services 18,161 159,686 434,352 274,666 36.76 7010 Engineering 1,597 10,032 25,000 14,968 40.13 7011 Testing 0 0 6,954 6,954 0.00 7012 Other Special Services 415 415 32,300 31,885 1.28 7013 State Lobbying Fees 16,084 37,210 90,000 52,790 41.34 7014 Federal Lobbying Fees 7,667 30,668 95,000 64,332 32.28 7015 Utilities 37,291 163,226 589,807 426,581 27.67 7016 Heating Fuel 6,601 28,296 62,193 33,897 45.50 7017 Rents & Leases 2,500 10,249 104,600 94,351 9.80 7201 Library Books 0 133 10,000 9,867 1.33 7202 Library Periodicals 0 0 3,000 3,000 0.00 7203 Library Standing Orders 0 0 4,000 4,000 0.00 7204 Library Non -Print 0 439 4,000 3,561 10.97 7205 Library Electronic Materials 0 0 4,500 4,500 0.00 7208 Museum Collection Supplies 0 0 1,200 1,200 0.00 7210 Vehicle Supplies 12 423 7,524 7,101 5.62 7211 Gas & Lube 5,571 30,450 98,730 68,280 30.84 7212 Uniform Allowance 503 3,837 14,519 10,682 26.43 7213 Safety Equipment 95 2,832 13,900 11,068 20.37 7214 Janitorial Supplies 738 1,587 16,350 14,763 9.70 7215 Operating Supplies 4,733 97,864 292,184 194,320 33.49 7216 Maintenance & Repair 11,076 78,056 198,597 120,541 39.30 7217 Small Tools & Equipment 731 28,108 134,408 106,300 20.91 7218 Inmate Meals 1,140 3,039 9,000 5,961 33.77 7300 Advertising 2,865 16,567 40,024 23,457 41.39 7301 Subscriptions & Dues 1,962 11,264 52,332 41,068 21.52 7302 Travel & Subsistence 2,374 9,773 90,448 80,675 10.80 7303 Education & Training (30) 11,338 67,014 55,676 16.92 7304 Equipment Rent 22 88 37,836 37,748 0.23 177 Run: 5/18/2021 at 2:26 PM 7307 GF Administrative Fee 7800 Sister City Program 7801 Contributions to Chamber 7802 Contributions to Senior Citizens 7803 Contributions to B&G Club 7804 Elections 7805 Promotion 7806 Volunteer Fireman Stipend 7807 Contingency 7810 Miscellaneous Expense 8012 Debt Service Interest Expense 8102 Buildings 8103 Capital Equipment 8104 Motor Pool Rent 8105 Improvements other than Buildings 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Monthly Budget Expenditure Report by Fund City of Seward General Fund For 4/30/2021 Actual Month 9,378 0 0 0 0 0 0 5,000 0 0 49,903 39 38,533 23,282 0 110,000 $ 385,377 $ 835,014 178 Y-T-D Actual 37,512 0 147,919 80,000 0 0 920 20,500 0 652 113,103 39 38,533 93,127 761 110,000 $ 1,667,017 $ 3,833,566 Annual Budget 112,537 6,250 278,032 80,000 25,000 7,377 10,000 38,000 6,000 25,700 223,456 0 5,000 285,000 0 230,000 $ 4,528,311 $ 13,234,698 Variance (Over)/Under Budget 75,025 6,250 130,114 0 25,000 7,377 9,080 17,500 6,000 25,048 110,353 (39) (33,533) 191,873 (761) 120,000 $ 2,861,294 $ 9,401,132 of Annual Budget 33.33 0.00 53.20 100.00 0.00 0.00 9.20 53.95 0.00 2.54 50.62 0.00 770.67 32.68 0.00 47.83 $ 36.81 $ 28.97 Page: 2 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 2 General Fund Mayor and Council For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 4,500.00 18,000 13,500 25.00 6100 Medicare 0.00 344.25 1,377 1,033 25.00 6102 Workers' Compensation 0.00 0.00 149 149 0.00 Total Personnel Costs: $ 0.00 $ 4,844.25 $ 19,526 $ 14,682 $ 24.81 Non -Personnel Costs: 7000 Audit 0.00 71,864.32 115,000 43,136 62.49 7001 Communications 439.98 1,500.64 5,500 3,999 27.28 7002 Postage and Freight 0.00 139.64 1,500 1,360 9.31 7004Insurance 0.00 222.96 500 277 44.59 7013 State Lobbying Fees 16,084.00 37,210.00 90,000 52,790 41.34 7014 Federal Lobbying Fees 7,667.00 30,668.00 95,000 64,332 32.28 7215 Operating Supplies 344.89 2,188.38 7,500 5,312 29.18 7217 Small Tools & Equipment 0.00 907.00 1,500 593 60.47 7300 Advertising 1,326.00 7,794.36 20,000 12,206 38.97 7301 Subscriptions & Dues 0.00 0.00 3,600 3,600 0.00 7302 Travel & Subsistence 0.00 771.55 18,000 17,228 4.29 7303 Education & Training 0.00 0.00 2,000 2,000 0.00 7800 Sister City Program 0.00 0.00 6,250 6,250 0.00 7805 Promotion 0.00 920.00 6,000 5,080 15.33 7807 Contingency 0.00 0.00 2,000 2,000 0.00 Total Non -Personnel Costs: $ 25,861.87 $ 154,186.85 $ 374,350 $ 220,163 $ 41.19 Total Expenditures $ 25,861.87 $ 159,031.10 $ 393,876 $ 234,845 $ 40.38 179 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward General Fund Legislative Boards & Commissions For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 794.98 8,605.52 35,441 26,835 24.28 6100 Medicare 11.53 132.39 516 384 25.66 6102 Workers' Compensation 5.19 60.61 298 237 20.34 6201 Retirement Benefits 169.96 1,072.13 1,857 785 57.73 6202 Health Insurance 311.36 8,195.00 19,980 11,785 41.02 Total Personnel Costs: $ 1,293.02 $ 18,065.65 $ 58,092 $ 40,026 $ 31.10 Non -Personnel Costs: 7002 Postage and Freight 0.00 0.00 104 104 0.00 7004Insurance 0.00 195.71 7,416 7,220 2.64 7215 Operating Supplies 0.00 87.75 2,156 2,068 4.07 7301 Subscriptions & Dues 0.00 0.00 208 208 0.00 7302 Travel & Subsistence 0.00 0.00 7,000 7,000 0.00 7303 Education & Training 0.00 183.75 3,000 2,816 6.13 Total Non -Personnel Costs: $ 0.00 $ 467.21 $ 19,884 $ 19,416 $ 2.35 Total Expenditures $ 1,293.02 $ 18,532.86 $ 77,976 $ 59,442 $ 23.77 180 Page: 3 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 4 g General Fund Legal For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non -Personnel Costs: 7006 Legal 5,917.90 18,920.28 80,000 61,080 23.65 7215 Operating Supplies 0.00 (117.50) 0 118 0.00 Total Non -Personnel Costs: $ 5,917.90 $ 18,802.78 $ 80,000 $ 61,198 $ 23.50 Total Expenditures $ 5,917.90 $ 18,802.78 $ 80,000 $ 61,198 $ 23.50 181 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7301 Subscriptions & Dues 7302 Travel & Subsistence 7303 Education & Training 7304 Equipment Rent 7804 Elections Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund City Clerk For 4/30/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 11,340.26 41,638.09 185,250 143,612 22.48 0.00 123.20 18,000 17,877 0.68 275.71 1,161.88 2,352 1,190 49.40 87.56 302.51 1,345 1,042 22.49 1,835.37 8,044.00 19,258 11,214 41.77 784.39 2,850.69 8,414 5,563 33.88 5.67 16,753.76 89,910 73,156 18.63 $ 14,328.96 $ 70,874.13 $ 324,529 $ 253,654 $ 21.84 0.00 1,726.29 3,300 1,574 52.31 0.00 7,979.98 27,662 19,682 28.85 0.00 415.00 700 285 59.29 0.00 0.00 5,000 5,000 0.00 0.00 908.00 2,500 1,592 36.32 0.00 0.00 1,000 1,000 0.00 0.00 0.00 7,377 7,377 0.00 $ 0.00 $ 11,029.27 $ 47,539 $ 36,510 $ 23.20 $ 14,328.96 $ 81,903.40 $ 372,068 $ 290,164 $ 22.01 182 Page: 5 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 6 g General Fund City Manager For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 24,777.68 84,008.32 331,827 247,819 25.32 6100 Medicare 393.34 1,581.95 4,977 3,395 31.79 6101 Unemployment Insurance 0.00 2,137.47 0 (2,137) 0.00 6102 Workers' Co mpe nsatio n 175.04 721.15 2,849 2,128 25.31 6200 Leave Time 828.90 3,554.98 28,187 24,632 12.61 6201 Retirement Benefits 1,772.43 7,298.07 19,336 12,038 37.74 6202 Health Insurance 7.32 6,143.34 145,918 139,775 4.21 Total Personnel Costs: $ 27,954.71 $ 105,445.28 $ 533,094 $ 427,650 $ 19.78 Non -Personnel Costs: 7001 Communications 530.02 1,547.22 5,200 3,653 29.75 7002 Postage and Freight 0.00 9.99 400 390 2.50 7004 Insurance 0.00 3,131.91 5,100 1,968 61.41 7009 Contracted Services 3,221.11 3,673.30 5,000 1,327 73.47 7211 Gas & Lube 0.00 54.10 3,000 2,946 1.80 7213 Safety Equipment 94.99 94.99 0 (95) 0.00 7215 Operating Supplies 551.89 1,885.17 7,000 5,115 26.93 7217 Small Tools & Equipment 0.00 908.00 1,000 92 90.80 7300Advertising 0.00 2,858.56 2,100 (759) 136.12 7301 Subscriptions & Dues 0.00 436.95 8,000 7,563 5.46 7302 Travel & Subsistence 37.33 99.95 8,000 7,900 1.25 7303 Education & Training 0.00 2,130.90 4,000 1,869 53.27 7805 Promotion 0.00 0.00 4,000 4,000 0.00 7807 Contingency 0.00 0.00 4,000 4,000 0.00 8104 Motor Pool Rent 367.61 1,470.41 4,500 3,030 32.68 Total Non -Personnel Costs: $ 4,802.95 $ 18,301.45 $ 61,300 $ 42,999 $ 29.86 Total Expenditures $ 32,757.66 $ 123,746.73 $ 594,394 $ 470,649 $ 20.82 183 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6101 Unemployment Insurance 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7004 Insurance 7009 Contracted Services 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment 7300 Advertising 7301 Subscriptions & Dues 7302 Travel & Subsistence 7303 Education & Training 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund MIS For 4/30/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 16,585.67 65,866.81 181,461 115,594 36.30 180.36 180.36 0 (180) 0.00 249.17 999.21 2,771 1,772 36.06 0.00 (70.03) 0 70 0.00 109.73 442.20 1,586 1,144 27.88 1,749.57 8,169.27 19,298 11,129 42.33 1,680.88 6,655.24 9,919 3,264 67.10 5.67 18,300.72 99,900 81,599 18.32 $ 20,561.05 $ 100,543.78 $ 314,935 $ 214,392 $ 31.93 373.16 1,387.01 5,500 4,113 25.22 0.00 0.00 300 300 0.00 0.00 2,281.21 3,500 1,219 65.18 0.00 0.00 14,500 14,500 0.00 0.00 10,689.03 24,000 13,311 44.54 0.00 0.00 5,000 5,000 0.00 0.00 138.36 16,000 15,862 0.86 0.00 54.56 0 (55) 0.00 1,155.00 3,599.91 15,500 11,900 23.23 0.00 0.00 3,000 3,000 0.00 0.00 790.00 2,500 1,710 31.60 0.00 0.00 1,000 1,000 0.00 $ 1,528.16 $ 18,940.08 $ 90,800 $ 71,860 $ 20.86 $ 22,089.21 $ 119,483.86 $ 405,735 $ 286,252 $ 29.45 184 Page: 7 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 8 General Fund Community Development For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 9,847.44 37,822.46 163,233 125,411 23.17 6100 Medicare 142.79 921.84 2,501 1,579 36.86 6102 Workers' Co mpe nsatio n 65.04 264.85 1,431 1,166 18.51 6200 Leave Time 1,249.95 4,968.00 18,564 13,596 26.76 6201 Retirement Benefits 1,168.48 3,292.51 8,946 5,653 36.80 6202 Health Insurance 5,912.10 16,507.72 93,240 76,732 17.70 Total Personnel Costs: $ 18,385.80 $ 63,777.38 $ 287,915 $ 224,137 $ 22.15 Non -Personnel Costs: 7001 Communications 221.05 675.16 3,200 2,525 21.10 7002 Postage and Freight 0.00 41.94 500 458 8.39 7004Insurance 0.00 1,604.47 3,400 1,796 47.19 7009 Contracted Services 20.00 122.00 7,712 7,590 1.58 7211 Gas & Lube 0.00 39.40 0 (39) 0.00 7215 Operating Supplies 0.00 861.06 2,700 1,839 31.89 7216 Maintenance & Repair 0.00 0.00 500 500 0.00 7217 Small Tools & Equipment 0.00 0.00 2,500 2,500 0.00 7300 Advertising 133.60 278.40 0 (278) 0.00 7301 Subscriptions & Dues 0.00 104.93 0 (105) 0.00 7302 Travel & Subsistence 0.00 45.95 2,500 2,454 1.84 7303 Education & Training 0.00 482.50 3,000 2,518 16.08 7810 Miscellaneous Expense 0.00 0.00 500 500 0.00 Total Non -Personnel Costs: $ 374.65 $ 4,255.81 $ 26,512 $ 22,258 $ 16.05 Total Expenditures $ 18,760.45 $ 68,033.19 $ 314,427 $ 246,395 $ 21.64 185 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 9 General Fund Finance g For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 35,205.00 130,715.67 482,699 351,983 27.08 6001 Overtime 0.00 1,808.52 4,064 2,255 44.50 6100 Medicare 562.43 2,053.53 7,889 5,835 26.03 6102 Workers' Compensation 250.66 932.74 4,228 3,295 22.06 6200 Leave Time 4,368.36 25,498.27 47,953 22,455 53.17 6201 Retirement Benefits 3,740.97 15,246.67 26,103 10,856 58.41 6202 Health Insurance 15.12 42,978.98 266,400 223,421 16.13 Total Personnel Costs: $ 44,142.54 $ 219,234.38 $ 839,336 $ 620,100 $ 26.12 Non -Personnel Costs: 7001 Communications 861.57 2,654.55 9,750 7,095 27.23 7002 Postage and Freight 0.00 744.38 2,100 1,356 35.45 7004Insurance 0.00 5,396.48 12,000 6,604 44.97 7009 Contracted Services 0.00 30,375.00 30,500 125 99.59 7011 Testing 0.00 0.00 300 300 0.00 7215 Operating Supplies 758.23 5,303.55 10,000 4,696 53.04 7216 Maintenance & Repair 0.00 18,064.00 19,000 936 95.07 7217 Small Tools & Equipment 0.00 0.00 4,000 4,000 0.00 7300 Advertising 417.80 468.62 2,500 2,031 18.74 7301 Subscriptions & Dues 65.00 211.54 2,500 2,288 8.46 7302 Travel & Subsistence 0.00 3,777.06 6,000 2,223 62.95 7303 Education & Training 0.00 1,430.77 5,000 3,569 28.62 7810 Miscellaneous Expense 0.00 0.02 1,000 1,000 0.00 8103 Capital Equipment 0.00 0.00 5,000 5,000 0.00 Total Non -Personnel Costs: $ 2,102.60 $ 68,425.97 $ 109,650 $ 41,223 $ 62.40 Total Expenditures $ 46,245.14 $ 287,660.35 $ 948,986 $ 661,323 $ 30.31 186 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6101 Unemployment Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7003 Bank and Credit Card Fees 7004 Insurance 7009 Contracted Services 7010 Engineering 7012 Other Special Services 7215 Operating Supplies 7216 Maintenance & Repair 7300 Advertising 7301 Subscriptions & Dues 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund General Services For 4/30/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 0.00 0.00 10,000 10,000 0.00 $ 0.00 $ 0.00 $ 10,000 $ 10,000 $ 0.00 79.29 1,464.90 2,000 535 73.25 0.00 1,627.74 4,800 3,172 33.91 0.00 653.49 25,000 24,347 2.61 0.00 266.50 1,500 1,234 17.77 85.00 9,790.00 50,000 40,210 19.58 0.00 8,434.65 25,000 16,565 33.74 415.00 415.00 0 (415) 0.00 0.00 1,378.66 3,000 1,621 45.96 45.00 90.00 2,000 1,910 4.50 0.00 347.20 0 (347) 0.00 169.85 169.85 1,200 1,030 14.15 0.00 344.61 10,000 9,655 3.45 $ 794.14 $ 24,982.60 $ 124,500 $ 99,517 $ 20.07 $ 794.14 $ 24,982.60 $ 134,500 $ 109,517 $ 18.57 187 Page: 10 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 11 General Fund General Services - Copier For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7215 Operating Supplies 7304 Equipment Rent 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 200.83 381.63 1,700 1,318 22.45 22.00 88.00 7,000 6,912 1.26 0.00 73.98 0 (74) 0.00 $ 222.83 $ 543.61 $ 8,700 $ 8,156 $ 6.25 $ 222.83 $ 543.61 $ 8,700 $ 8,156 $ 6.25 188 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 12 General Fund Contributions For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7801 Contributions to Chamber 7802 Contributions to Senior Citizens 7803 Contributions to B&G Club Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 0.00 147,918.50 278,032 130,114 53.20 0.00 80,000.00 80,000 0 100.00 0.00 0.00 25,000 25,000 0.00 $ 0.00 $ 227,918.50 $ 383,032 $ 155,114 $ 59.50 $ 0.00 $ 227,918.50 $ 383,032 $ 155,114 $ 59.50 189 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 13 General Fund Police g For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 81,304.08 329,106.67 1,085,537 756,430 30.32 6001 Overtime 9,402.29 26,992.67 97,755 70,762 27.61 6100 Medicare 2,136.13 6,739.62 25,685 18,945 26.24 6101 Unemployment Insurance 0.00 1,638.35 0 (1,638) 0.00 6102 Workers' Compensation 5,206.35 20,364.03 75,513 55,149 26.97 6200 Leave Time 8,109.27 38,500.32 122,372 83,872 31.46 6201 Retirement Benefits 7,082.05 29,155.53 66,145 36,989 44.08 6202 Health Insurance (5,531.59) 100,150.09 599,400 499,250 16.71 Total Personnel Costs: $ 107,708.58 $ 552,647.28 $ 2,072,407 $ 1,519,759 $ 26.67 Non -Personnel Costs: 7001 Communications 2,116.79 6,439.64 20,000 13,560 32.20 7002 Postage and Freight 0.00 384.96 2,000 1,615 19.25 7003 Bank and Credit Card Fees 0.00 1,742.52 6,100 4,357 28.57 7004Insurance 0.00 47,425.51 80,000 32,574 59.28 7009 Contracted Services 977.11 8,881.39 34,234 25,353 25.94 7012 Other Special Services 0.00 0.00 3,300 3,300 0.00 7211 Gas & Lube 1,094.62 4,203.08 19,000 14,797 22.12 7212 Uniform Allowance 45.00 666.90 5,000 4,333 13.34 7213 Safety Equipment 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 615.18 4,067.04 14,500 10,433 28.05 7216 Maintenance & Repair 28.00 11,583.47 20,000 8,417 57.92 7217 Small Tools & Equipment 482.00 13,009.00 41,000 27,991 31.73 7218 Inmate Meals 0.00 175.48 0 (175) 0.00 7300 Advertising 133.60 138.95 2,000 1,861 6.95 7301 Subscriptions & Dues 0.00 747.00 6,000 5,253 12.45 7302 Travel & Subsistence 691.60 1,625.35 15,000 13,375 10.84 7303 Education & Training 120.00 2,975.00 25,000 22,025 11.90 7304 Equipment Rent 0.00 0.00 2,500 2,500 0.00 7810 Miscellaneous Expense 0.00 0.00 3,500 3,500 0.00 8104 Motor Pool Rent 4,084.53 16,338.08 50,000 33,662 32.68 Total Non -Personnel Costs: $ 10,388.43 $ 120,403.37 $ 351,134 $ 230,731 $ 34.29 Total Expenditures $ 118,097.01 $ 673,050.65 $ 2,423,541 $ 1,750,490 $ 27.77 190 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 14 General Fund Jail g For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 23,407.40 76,908.02 308,295 231,387 24.95 6001 Overtime 2,391.50 9,603.62 45,952 36,348 20.90 6100 Medicare 526.36 1,895.11 5,363 3,468 35.34 6102 Workers' Compensation 1,935.89 6,612.86 33,998 27,385 19.45 6200 Leave Time 5,660.42 11,695.08 31,172 19,477 37.52 6201 Retirement Benefits 2,428.18 8,417.48 19,194 10,777 43.85 6202 Health Insurance (2,704.93) 25,937.59 199,800 173,862 12.98 Total Personnel Costs: $ 33,644.82 $ 141,069.76 $ 643,774 $ 502,704 $ 21.91 Non -Personnel Costs: 7001 Communications 408.40 1,086.45 4,500 3,414 24.14 7002 Postage and Freight 0.00 20.86 1,000 979 2.09 7004Insurance 0.00 14,143.71 23,000 8,856 61.49 7009 Contracted Services 0.00 2,460.28 2,000 (460) 123.01 7011 Testing 0.00 0.00 200 200 0.00 7017 Rents & Leases 2,500.00 10,000.00 30,000 20,000 33.33 7212 Uniform Allowance 120.00 567.60 2,500 1,932 22.70 7214 Janitorial Supplies 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 0.00 563.20 6,500 5,937 8.66 7216 Maintenance & Repair 0.00 1,012.94 3,000 1,987 33.76 7217 Small Tools & Equipment 0.00 0.00 2,000 2,000 0.00 7218Inmate Meals 1,139.93 2,863.50 9,000 6,137 31.82 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 1,000 1,000 0.00 7302 Travel & Subsistence 1,600.00 3,200.00 2,000 (1,200) 160.00 7303 Education & Training 0.00 0.00 2,000 2,000 0.00 7307 GF Administrative Fee 9,378.08 37,512.36 112,537 75,025 33.33 7810 Miscellaneous Expense 0.00 0.00 1,200 1,200 0.00 Total Non -Personnel Costs: $ 15,146.41 $ 73,430.90 $ 205,437 $ 132,007 $ 35.74 Total Expenditures $ 48,791.23 $ 214,500.66 $ 849,211 $ 634,711 $ 25.26 191 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 15 General Fund Animal Control For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 5,931.44 22,650.96 79,575 56,924 28.46 6001 Overtime 439.21 1,189.17 0 (1,189) 0.00 6100 Medicare 92.37 474.01 1,219 745 38.89 6102 Workers' Compensation 252.08 1,025.81 8,065 7,039 12.72 6200 Leave Time 608.72 4,358.07 9,045 4,687 48.18 6201 Retirement Benefits 735.71 2,993.58 4,365 1,371 68.58 6202 Health Insurance 1.89 2,960.06 33,300 30,340 8.89 Total Personnel Costs: $ 8,061.42 $ 35,651.66 $ 135,569 $ 99,917 $ 26.30 Non -Personnel Costs: 7001 Communications 57.62 198.49 1,200 1,002 16.54 7002 Postage and Freight 0.00 0.00 500 500 0.00 7004Insurance 0.00 955.98 1,000 44 95.60 7015 Utilities 638.53 2,805.29 6,000 3,195 46.75 7211 Gas & Lube 0.00 0.00 1,000 1,000 0.00 7212 Uniform Allowance 0.00 90.00 1,200 1,110 7.50 7215 Operating Supplies 407.40 740.82 5,000 4,259 14.82 7216 Maintenance & Repair 0.00 0.00 4,000 4,000 0.00 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 500 500 0.00 7302 Travel & Subsistence 0.00 0.00 2,500 2,500 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 0.00 1,200 1,200 0.00 Total Non -Personnel Costs: $ 1,103.55 $ 4,790.58 $ 27,600 $ 22,810 $ 17.36 Total Expenditures $ 9,164.97 $ 40,442.24 $ 163,169 $ 122,727 $ 24.79 192 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 16 General Fund Fire Department For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 15,747.80 65,116.43 190,378 125,262 34.20 6100 Medicare 241.36 966.32 2,927 1,961 33.01 6101 Unemployment Insurance 0.00 (2,397.15) 0 2,397 0.00 6102 Workers' Co mpe nsatio n 1,166.79 4,776.57 17,916 13,139 26.66 6200 Leave Time 1,736.75 8,209.87 23,287 15,077 35.26 6201 Retirement Benefits 1,419.68 5,914.68 10,478 4,563 56.45 6202 Health Insurance 4.70 18,387.16 91,575 73,188 20.08 Total Personnel Costs: $ 20,317.08 $ 100,973.88 $ 336,561 $ 235,587 $ 30.00 Non -Personnel Costs: 7001 Communications 716.79 2,168.57 9,000 6,831 24.10 7002 Postage and Freight 126.82 237.59 1,622 1,384 14.65 7004Insurance 0.00 13,277.19 30,784 17,507 43.13 7009 Contracted Services 63.56 3,809.24 6,180 2,371 61.64 7011 Testing 0.00 0.00 104 104 0.00 7015 Utilities 11,595.00 45,984.66 149,244 103,259 30.81 7016 Heating Fuel 283.91 4,064.66 9,193 5,128 44.21 7210 Vehicle Supplies 0.00 138.06 4,324 4,186 3.19 7211 Gas & Lube 168.23 557.17 9,739 9,182 5.72 7212 Uniform Allowance 10.20 54.40 500 446 10.88 7213 Safety Equipment 0.00 2,737.00 2,100 (637) 130.33 7215 Operating Supplies 108.54 1,414.19 7,038 5,624 20.09 7216 Maintenance & Repair 3,389.78 6,173.30 13,520 7,347 45.66 7217 Small Tools & Equipment 93.96 (1,487.67) 7,038 8,526 (21.14) 7300 Advertising 0.00 0.00 324 324 0.00 7301 Subscriptions & Dues 0.00 87.05 1,500 1,413 5.80 7302 Travel & Subsistence 7.38 7.38 5,570 5,563 0.13 7303 Education & Training 0.00 26.95 1,701 1,674 1.58 7304 Equipment Rent 0.00 0.00 1,623 1,623 0.00 8104 Motor Pool Rent 4,901.43 19,605.72 60,000 40,394 32.68 Total Non -Personnel Costs: $ 21,465.60 $ 98,855.46 $ 321,104 $ 222,249 $ 30.79 Total Expenditures $ 41,782.68 $ 199,829.34 $ 657,665 $ 457,836 $ 30.38 193 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 17 General Fund Volunteers For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6102 Workers' Compensation 0.00 5,325.00 4,680 (645) 113.78 Total Personnel Costs: $ 0.00 $ 5,325.00 $ 4,680 $ (645) $ 113.78 Non -Personnel Costs: 7001 Communications 0.00 0.00 104 104 0.00 7002 Postage and Freight 14.75 97.17 869 772 11.18 7009 Contracted Services 0.00 338.42 0 (338) 0.00 7212 Uniform Allowance 258.40 258.40 1,519 1,261 17.01 7215 Operating Supplies (645.26) 38.25 3,246 3,208 1.18 7216 Maintenance & Repair 39.80 691.14 2,869 2,178 24.09 7217 Small Tools & Equipment 0.00 805.97 23,353 22,547 3.45 7303 Education & Training (150.00) 475.00 3,869 3,394 12.28 7806 Volunteer Fireman Stipend 5,000.00 20,500.00 38,000 17,500 53.95 Total Non -Personnel Costs: $ 4,517.69 $ 23,204.35 $ 73,829 $ 50,626 $ 31.43 Total Expenditures $ 4,517.69 $ 28,529.35 $ 78,509 $ 49,981 $ 36.34 194 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 18 General Fund Emergency Preparedness For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non -Personnel Costs: 7001 Communications 0.00 3,017.28 2,168 (849) 139.17 7002 Postage and Freight 0.00 0.00 104 104 0.00 7009 Contracted Services 0.00 5,800.00 5,800 0 100.00 7015 Utilities 798.50 2,952.61 2,168 (785) 136.19 7215 Operating Supplies 0.00 873.06 3,000 2,127 29.10 7216 Maintenance & Repair 0.00 0.00 220 220 0.00 7217 Small Tools & Equipment 0.00 0.00 649 649 0.00 7302 Travel & Subsistence 0.00 0.00 577 577 0.00 7303 Education & Training 0.00 78.75 1,077 998 7.31 Total Non -Personnel Costs: $ 798.50 $ 12,721.70 $ 15,763 $ 3,041 $ 80.71 Total Expenditures $ 798.50 $ 12,721.70 $ 15,763 $ 3,041 $ 80.71 195 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 19 General Fund SVAC g For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7002 Postage and Freight 7004 Insurance 7012 Other Special Services 7211 Gas & Lube 7215 Operating Supplies 7216 Maintenance & Repair 7301 Subscriptions & Dues Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 0.00 0.00 168 168 0.00 0.00 2,164.50 3,674 1,510 58.91 0.00 0.00 20,000 20,000 0.00 36.34 145.01 3,246 3,101 4.47 0.00 156.04 0 (156) 0.00 0.00 0.00 2,324 2,324 0.00 37.50 112.50 0 (113) 0.00 $ 73.84 $ 2,578.05 $ 29,412 $ 26,834 $ 8.77 $ 73.84 $ 2,578.05 $ 29,412 $ 26,834 $ 8.77 196 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 20 General Fund Building Inspection For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 12,328.88 47,281.16 145,105 97,824 32.58 6100 Medicare 188.06 753.63 2,226 1,472 33.86 6102 Workers' Compensation 84.15 1,560.55 7,029 5,468 22.20 6200 Leave Time 1,535.23 4,903.86 13,832 8,928 35.45 6201 Retirement Benefits 864.66 3,550.52 7,968 4,417 44.56 6202 Health Insurance 4.08 20,501.98 72,525 52,023 28.27 Total Personnel Costs: $ 15,005.06 $ 78,551.70 $ 248,685 $ 170,132 $ 31.59 Non -Personnel Costs: 7001 Communications 261.91 855.65 2,601 1,745 32.90 7002 Postage and Freight 0.00 0.00 104 104 0.00 7004Insurance 0.00 1,093.03 1,519 426 71.96 7009 Contracted Services 90.62 288.71 1,856 1,567 15.56 7211 Gas & Lube 73.90 143.39 545 402 26.31 7212 Uniform Allowance 0.00 44.20 0 (44) 0.00 7215 Operating Supplies 91.95 144.29 1,844 1,700 7.82 7216 Maintenance & Repair 0.00 0.00 364 364 0.00 7217 Small Tools & Equipment 0.00 94.13 2,168 2,074 4.34 7301 Subscriptions & Dues 0.00 0.00 324 324 0.00 7302 Travel & Subsistence 0.00 0.00 2,701 2,701 0.00 7303 Education & Training 0.00 1,232.00 817 (415) 150.80 7304 Equipment Rent 0.00 0.00 2,713 2,713 0.00 8104 Motor Pool Rent 326.76 1,307.06 4,000 2,693 32.68 Total Non -Personnel Costs: $ 845.14 $ 5,202.46 $ 21,556 $ 16,354 $ 24.13 Total Expenditures $ 15,850.20 $ 83,754.16 $ 270,241 $ 186,486 $ 30.99 197 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward General Fund Street Operations For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 9,865.31 20,471.70 160,656 140,184 12.74 6001 Overtime 176.72 1,197.74 2,385 1,187 50.22 6100 Medicare 157.20 340.48 2,272 1,932 14.99 6101 Unemployment Insurance 0.00 0.00 2,000 2,000 0.00 6102 Workers' Compensation 1,040.78 1,791.98 20,307 18,515 8.82 6200 Leave Time 1,927.44 9,372.46 19,608 10,236 47.80 6201 Retirement Benefits (144.48) (5,114.33) 10,306 15,420 (49.62) 6202 Health Insurance 1.00 (3,995.63) 91,861 95,857 (4.35) Total Personnel Costs: $ 13,023.97 $ 24,064.40 $ 309,395 $ 285,331 $ 7.78 Non -Personnel Costs: 7001 Communications 21.94 52.13 1,000 948 5.21 7002 Postage and Freight 35.00 335.99 3,600 3,264 9.33 7004Insurance 0.00 13,084.23 22,000 8,916 59.47 7009 Contracted Services 0.00 0.00 25,000 25,000 0.00 7011 Testing 0.00 0.00 1,000 1,000 0.00 7015 Utilities 8,599.85 38,263.85 108,500 70,236 35.27 7211 Gas & Lube 1,078.44 1,477.48 28,000 26,523 5.28 7212 Uniform Allowance 0.00 0.00 850 850 0.00 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 885.01 2,293.59 18,500 16,206 12.40 7216 Maintenance & Repair 372.50 2,238.32 25,000 22,762 8.95 7217 Small Tools & Equipment 0.00 0.00 2,100 2,100 0.00 7300 Advertising 0.00 0.00 400 400 0.00 7301 Subscriptions & Dues 59.90 239.60 350 110 68.46 7302 Travel & Subsistence 37.34 37.34 1,200 1,163 3.11 7303 Education & Training 0.00 120.00 1,200 1,080 10.00 7304 Equipment Rent 0.00 0.00 1,000 1,000 0.00 7810 Miscellaneous Expense 0.00 0.00 2,000 2,000 0.00 8104 Motor Pool Rent 7,352.13 29,408.71 90,000 60,591 32.68 Total Non -Personnel Costs: $ 18,442.11 $ 87,551.24 $ 332,900 $ 245,349 $ 26.30 Total Expenditures $ 31,466.08 $ 111,615.64 $ 642,295 $ 530,680 $ 17.38 198 Page: 21 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 22 General Fund Snow and Ice For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 8,463.44 52,367.27 82,273 29,906 63.65 6001 Overtime 1,314.86 13,612.98 4,530 (9,083) 300.51 6002 Standby Time 780.50 3,431.85 6,106 2,674 56.20 6100 Medicare 162.40 1,068.92 1,571 502 68.04 6102 Workers' Co mpe nsatio n 1,141.83 7,719.40 12,748 5,029 60.55 6201 Retirement Benefits 1,813.24 12,129.26 3,451 (8,678) 351.47 6202 Health Insurance 7.03 33,526.41 52,328 18,802 64.07 Total Personnel Costs: $ 13,683.30 $ 123,856.09 $ 163,007 $ 39,152 $ 75.98 Non -Personnel Costs: 7002 Postage and Freight 0.00 1,062.95 3,000 1,937 35.43 7009 Contracted Services 0.00 2,000.00 12,000 10,000 16.67 7211 Gas & Lube 2,283.62 20,151.20 10,000 (10,151) 201.51 7213 Safety Equipment 0.00 0.00 500 500 0.00 7215 Operating Supplies 0.00 32,447.60 50,000 17,552 64.90 7216 Maintenance & Repair 0.00 4,763.00 23,500 18,737 20.27 7217 Small Tools & Equipment 0.00 0.00 500 500 0.00 7300 Advertising 0.00 0.00 300 300 0.00 7302 Travel & Subsistence 0.00 0.00 750 750 0.00 7303 Education & Training 0.00 0.00 250 250 0.00 7810 Miscellaneous Expense 0.00 0.00 500 500 0.00 8104 Motor Pool Rent 2,859.17 11,436.65 35,000 23,563 32.68 Total Non -Personnel Costs: $ 5,142.79 $ 71,861.40 $ 136,300 $ 64,438 $ 52.72 Total Expenditures $ 18,826.09 $ 195,717.49 $ 299,307 $ 103,590 $ 65.39 199 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 23 General Fund City Shop For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 7,144.02 30,344.16 69,932 39,588 43.39 6001 Overtime 239.72 3,405.28 2,472 (933) 137.75 6002 Standby Time 348.53 1,439.01 1,987 548 72.42 6100 Medicare 118.89 523.46 1,130 607 46.32 6102 Workers' Compensation 417.93 1,867.48 7,387 5,520 25.28 6200 Leave Time 886.17 3,131.12 7,910 4,779 39.58 6201 Retirement Benefits 439.41 1,889.28 4,046 2,157 46.70 6202 Health Insurance 1.61 8,514.94 36,630 28,115 23.25 Total Personnel Costs: $ 9,596.28 $ 51,114.73 $ 131,494 $ 80,381 $ 38.87 Non -Personnel Costs: 7001 Communications 740.93 2,324.23 8,000 5,676 29.05 7002 Postage and Freight 293.00 903.00 1,500 597 60.20 7004Insurance 0.00 3,537.51 6,500 2,962 54.42 7009 Contracted Services 324.02 2,796.40 2,000 (796) 139.82 7015 Utilities 3,243.57 12,857.35 33,000 20,143 38.96 7016 Heating Fuel 1,540.38 6,898.39 17,000 10,102 40.58 7211 Gas & Lube 120.19 559.69 7,600 7,040 7.36 7213 Safety Equipment 0.00 0.00 1,500 1,500 0.00 7215 Operating Supplies 765.81 13,414.55 28,000 14,585 47.91 7216 Maintenance & Repair 4,636.38 14,257.38 4,900 (9,357) 290.97 7217 Small Tools & Equipment 65.74 640.77 7,300 6,659 8.78 7301 Subscriptions & Dues 475.00 1,449.95 2,000 550 72.50 7302 Travel & Subsistence 0.00 0.00 1,000 1,000 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 206.00 1,000 794 20.60 8104 Motor Pool Rent 653.52 2,614.13 8,000 5,386 32.68 Total Non -Personnel Costs: $ 12,858.54 $ 62,459.35 $ 129,800 $ 67,341 $ 48.12 Total Expenditures $ 22,454.82 $ 113,574.08 $ 261,294 $ 147,722 $ 43.47 200 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 24 General Fund City Hall For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 2,497.95 12,916.75 42,290 29,373 30.54 6001 Overtime 0.00 192.19 0 (192) 0.00 6100 Medicare 49.22 199.81 650 450 30.74 6102 Workers' Compensation 358.91 1,488.57 6,073 4,584 24.51 6200 Leave Time 394.12 1,576.96 5,124 3,547 30.78 6201 Retirement Benefits 390.84 1,405.90 2,328 922 60.39 6202 Health Insurance 1.89 2,782.58 33,300 30,517 8.36 Total Personnel Costs: $ 3,692.93 $ 20,562.76 $ 89,765 $ 69,201 $ 22.91 Non -Personnel Costs: 7001 Communications 70.55 210.25 800 590 26.28 7002 Postage and Freight 0.00 0.00 200 200 0.00 7004Insurance 0.00 5,826.76 8,500 2,673 68.55 7009 Contracted Services 280.62 1,103.13 10,000 8,897 11.03 7015 Utilities 5,405.22 22,532.49 66,000 43,468 34.14 7016 Heating Fuel 1,570.89 6,282.57 13,000 6,717 48.33 7211 Gas & Lube 35.54 190.31 800 610 23.79 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 250 250 0.00 7214 Janitorial Supplies 111.89 150.85 0 (151) 0.00 7215 Operating Supplies 69.99 1,260.94 6,000 4,739 21.02 7216 Maintenance & Repair 0.00 72.08 6,000 5,928 1.20 7217 Small Tools & Equipment 0.00 0.00 500 500 0.00 7302 Travel & Subsistence 0.00 0.00 600 600 0.00 7303 Education & Training 0.00 0.00 100 100 0.00 7810 Miscellaneous Expense 0.00 0.00 250 250 0.00 Total Non -Personnel Costs: $ 7,544.70 $ 37,629.38 $ 113,300 $ 75,671 $ 33.21 Total Expenditures $ 11,237.63 $ 58,192.14 $ 203,065 $ 144,872 $ 28.66 201 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 25 General Fund Community Center Building For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7015 Utilities 7016 Heating Fuel 7215 Operating Supplies 7216 Maintenance & Repair 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 0.00 2,794.59 3,400 605 82.19 433.35 433.35 3,000 2,567 14.45 851.13 4,284.72 12,000 7,715 35.71 421.07 1,864.98 4,500 2,635 41.44 0.00 0.00 800 800 0.00 0.00 0.00 4,000 4,000 0.00 0.00 0.00 250 250 0.00 $ 1,705.55 $ 9,377.64 $ 27,950 $ 18,572 $ 33.55 $ 1,705.55 $ 9,377.64 $ 27,950 $ 18,572 $ 33.55 202 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 26 General Fund City Hall Annex For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7015 Utilities 7016 Heating Fuel 7213 Safety Equipment 7215 Operating Supplies 7216 Maintenance & Repair Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 0.00 1,724.62 2,500 775 68.98 73.48 329.16 5,000 4,671 6.58 887.74 3,628.16 12,000 8,372 30.23 1,002.47 2,284.48 5,000 2,716 45.69 0.00 0.00 250 250 0.00 0.00 115.54 1,000 884 11.55 34.19 98.06 2,000 1,902 4.90 $ 1,997.88 $ 8,180.02 $ 27,750 $ 19,570 $ 29.48 $ 1,997.88 $ 8,180.02 $ 27,750 $ 19,570 $ 29.48 203 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward General Fund Parks & Rec - Administration For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 7,982.40 38,068.40 89,307 51,239 42.63 6100 Medicare 115.74 551.96 1,378 826 40.06 6101 Unemployment Insurance 0.00 1,652.21 0 (1,652) 0.00 6102 Workers' Compensation 51.56 251.80 785 533 32.08 6200 Leave Time 791.13 3,424.50 11,473 8,049 29.85 6201 Retirement Benefits 501.38 3,435.01 4,910 1,475 69.96 6202 Health Insurance 2.48 6,543.57 41,625 35,081 15.72 Total Personnel Costs: $ 9,444.69 $ 53,927.45 $ 149,478 $ 95,551 $ 36.08 Non -Personnel Costs: 7001 Communications 491.13 1,493.42 6,500 5,007 22.98 7002 Postage and Freight 0.00 0.50 900 900 0.06 7003 Bank and Credit Card Fees 0.00 0.10 0 0 0.00 7004 Insurance 0.00 1,384.19 2,000 616 69.21 7009 Contracted Services 127.11 401.62 500 98 80.32 7011 Testing 0.00 0.00 250 250 0.00 7215 Operating Supplies 8.39 1,417.70 6,000 4,582 23.63 7216 Maintenance & Repair 0.00 0.00 250 250 0.00 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 0.00 708.84 1,000 291 70.88 7301 Subscriptions & Dues 0.00 15.90 500 484 3.18 7302 Travel & Subsistence 0.00 0.00 1,750 1,750 0.00 7303 Education & Training 0.00 0.00 1,000 1,000 0.00 7810 Miscellaneous Expense 0.00 0.00 300 300 0.00 Total Non -Personnel Costs: $ 626.63 $ 5,422.27 $ 22,450 $ 17,028 $ 24.15 Total Expenditures $ 10,071.32 $ 59,349.72 $ 171,928 $ 112,579 $ 34.52 204 Page: 27 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 28 General Fund Parks & Rec - Parks Maintenance For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 7,505.44 38,606.90 120,565 81,958 32.02 6001 Overtime 70.92 944.71 10,629 9,684 8.89 6100 Medicare 334.06 2,125.21 7,271 5,146 29.23 6101 Unemployment Insurance 0.00 0.00 1,800 1,800 0.00 6102 Workers' Compensation 621.47 3,290.92 13,107 9,816 25.11 6200 Leave Time 637.52 (8,668.49) 0 8,668 0.00 6201 Retirement Benefits 871.19 3,472.88 2,337 (1,136) 148.60 6202 Health Insurance 1.86 12,129.87 29,970 17,840 40.47 Total Personnel Costs: $ 10,042.46 $ 51,902.00 $ 185,679 $ 133,776 $ 27.95 Non -Personnel Costs: 7001 Communications 23.58 68.50 1,000 932 6.85 7002 Postage and Freight 0.00 0.00 700 700 0.00 7004Insurance 0.00 6,515.22 9,600 3,085 67.87 7009 Contracted Services 1,732.00 6,306.00 5,000 (1,306) 126.12 7010 Engineering 1,597.16 1,597.16 0 (1,597) 0.00 7011 Testing 0.00 0.00 1,400 1,400 0.00 7015 Utilities 839.18 4,151.11 22,145 17,994 18.75 7016 Heating Fuel 134.25 1,367.01 1,200 (167) 113.92 7017 Rents & Leases 0.00 0.00 2,500 2,500 0.00 7210 Vehicle Supplies 12.13 282.66 2,000 1,717 14.13 7211 Gas & Lube 315.58 2,247.29 8,000 5,753 28.09 7212 Uniform Allowance 28.67 1,090.24 700 (390) 155.75 7213 Safety Equipment 0.00 0.00 1,400 1,400 0.00 7214 Janitorial Supplies 0.00 385.81 2,300 1,914 16.77 7215 Operating Supplies 54.96 967.10 13,000 12,033 7.44 7216 Maintenance & Repair 0.00 439.11 16,000 15,561 2.74 7217 Small Tools & Equipment 18.14 5,618.91 6,000 381 93.65 7300 Advertising 729.00 963.00 1,000 37 96.30 7301 Subscriptions & Dues 0.00 0.00 400 400 0.00 7302 Travel & Subsistence 0.00 110.98 900 789 12.33 7303 Education & Training 0.00 0.00 1,000 1,000 0.00 7304 Equipment Rent 0.00 0.00 2,000 2,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8102 Buildings 38.94 38.94 0 (39) 0.00 8103 Capital Equipment 38,533.30 38,533.30 0 (38,533) 0.00 8104 Motor Pool Rent 980.29 3,921.11 12,000 8,079 32.68 8105 Improvements other than Buildings 0.00 760.75 0 (761) 0.00 Total Non -Personnel Costs: $ 45,037.18 $ 75,364.20 $ 111,245 $ 35,882 $ 67.75 Total Expenditures $ 55,079.64 $ 127,266.20 $ 296,924 $ 169,658 $ 42.86 205 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward General Fund Parks & Rec - Campgrounds For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 7,170.64 19,166.75 144,326 125,159 13.28 6001 Overtime 402.26 518.62 10,912 10,393 4.75 6100 Medicare 223.70 527.63 7,672 7,144 6.88 6101 Unemployment Insurance 0.00 1,301.99 600 (702) 217.00 6102 Workers' Compensation 478.50 1,465.20 14,387 12,922 10.18 6200 Leave Time 0.00 11,269.44 7,253 (4,016) 155.38 6201 Retirement Benefits 382.39 473.65 3,738 3,264 12.67 6202 Health Insurance 3.13 (2,305.16) 48,285 50,590 (4.77) Total Personnel Costs: $ 8,660.62 $ 32,418.12 $ 237,173 $ 204,754 $ 13.67 Non -Personnel Costs: 7001 Communications 599.53 1,856.93 5,500 3,643 33.76 7002 Postage and Freight 55.00 155.00 1,300 1,145 11.92 7003 Bank and Credit Card Fees 10,632.40 11,392.20 19,500 8,108 58.42 7004 Insurance 0.00 1,465.74 2,500 1,034 58.63 7009 Contracted Services 1,360.00 5,690.00 50,000 44,310 11.38 7011 Testing 0.00 0.00 950 950 0.00 7015 Utilities 749.42 2,943.13 128,750 125,807 2.29 7016 Heating Fuel 0.00 0.00 300 300 0.00 7210 Vehicle Supplies 0.00 0.00 1,200 1,200 0.00 7211 Gas & Lube 303.61 420.25 5,900 5,480 7.12 7212 Uniform Allowance 40.96 1,065.14 1,000 (65) 106.51 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7214 Janitorial Supplies 625.76 969.30 8,500 7,531 11.40 7215 Operating Supplies 74.32 4,905.07 21,000 16,095 23.36 7216 Maintenance & Repair 0.00 0.00 10,000 10,000 0.00 7217 Small Tools & Equipment 41.40 6,488.31 5,000 (1,488) 129.77 7300 Advertising 0.00 2,690.11 2,550 (140) 105.49 7301 Subscriptions & Dues 0.00 0.00 4,500 4,500 0.00 7302 Travel & Subsistence 0.00 0.00 2,000 2,000 0.00 7303 Education & Training 0.00 0.00 2,000 2,000 0.00 7304 Equipment Rent 0.00 0.00 15,000 15,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,500 1,500 0.00 8104 Motor Pool Rent 776.06 3,104.24 9,500 6,396 32.68 Total Non -Personnel Costs: $ 15,258.46 $ 43,145.42 $ 299,650 $ 256,506 $ 14.40 Total Expenditures $ 23,919.08 $ 75,563.54 $ 536,823 $ 461,260 $ 14.08 206 Page: 29 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6102 Workers' Compensation 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7215 Operating Supplies 7216 Maintenance & Repair Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Parks & Rec - Cemetery For 4/30/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 0.00 28.80 4,714 4,685 0.61 0.00 0.00 283 283 0.00 0.00 0.42 72 72 0.58 0.00 2.45 544 542 0.45 0.00 6.34 262 256 2.42 0.00 0.05 3,330 3,330 0.00 $ 0.00 $ 38.06 $ 9,205 $ 9,168 $ 0.41 0.00 22.07 150 128 14.71 0.00 0.00 1,000 1,000 0.00 0.00 0.00 2,500 2,500 0.00 0.00 0.00 2,000 2,000 0.00 $ 0.00 $ 22.07 $ 5,650 $ 5,628 $ 0.39 $ 0.00 $ 60.13 $ 14,855 $ 14,796 $ 0.40 207 Page: 30 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward General Fund Parks & Rec - Sports & Recreation For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 5,310.87 21,876.93 90,166 68,289 24.26 6001 Overtime 341.06 2,541.80 3,245 703 78.33 6100 Medicare 101.00 414.44 2,792 2,378 14.84 6101 Unemployment Insurance 0.00 (158.15) 1,000 1,158 (15.82) 6102 Workers' Compensation 472.04 1,414.62 6,046 4,631 23.40 6200 Leave Time 444.02 2,200.43 5,041 2,841 43.65 6201 Retirement Benefits 655.31 3,396.26 3,803 407 89.30 6202 Health Insurance (1,378.38) 4,633.33 61,605 56,972 7.52 Total Personnel Costs: $ 5,945.92 $ 36,319.66 $ 173,698 $ 137,379 $ 20.91 Non -Personnel Costs: 7001 Communications 255.03 767.35 4,000 3,233 19.18 7002 Postage and Freight 0.00 214.55 1,500 1,285 14.30 7003 Bank and Credit Card Fees 0.00 0.54 2,000 1,999 0.03 7004Insurance 0.00 909.17 2,500 1,591 36.37 7009 Contracted Services 0.00 0.00 23,000 23,000 0.00 7011 Testing 0.00 0.00 500 500 0.00 7017 Rents & Leases 0.00 0.00 70,000 70,000 0.00 7210 Vehicle Supplies 0.00 2.25 0 (2) 0.00 7211 Gas & Lube 61.02 261.98 300 38 87.33 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 222.03 7,716.13 28,000 20,284 27.56 7216 Maintenance & Repair 0.00 0.00 650 650 0.00 7217 Small Tools & Equipment 16.14 841.07 1,300 459 64.70 7300 Advertising 0.00 139.11 1,200 1,061 11.59 7301 Subscriptions & Dues 0.00 3,480.00 600 (2,880) 580.00 7302 Travel & Subsistence 0.00 0.00 1,500 1,500 0.00 7303 Education & Training 0.00 0.00 1,500 1,500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 0.04 0 0 0.00 Total Non -Personnel Costs: $ 554.22 $ 14,332.19 $ 140,550 $ 126,218 $ 10.20 Total Expenditures $ 6,500.14 $ 50,651.85 $ 314,248 $ 263,597 $ 16.12 208 Page: 31 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6101 Unemployment Insurance 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Parks & Rec - TYC For 4/30/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 0.00 28.80 116,090 116,061 0.02 0.00 0.00 3,305 3,305 0.00 0.00 0.42 5,944 5,944 0.01 0.00 (644.80) 1,500 2,145 (42.99) 0.00 2.45 6,932 6,930 0.04 0.00 0.00 6,089 6,089 0.00 0.00 6.34 2,865 2,859 0.22 0.00 52.26 33,300 33,248 0.16 $ 0.00 $ (554.53) $ 176,025 $ 176,581 $ (0.32) Non -Personnel Costs: 7001 Communications 731.38 2,223.44 6,650 4,427 33.44 7002 Postage and Freight 0.00 0.00 700 700 0.00 7004Insurance 0.00 802.81 3,400 2,597 23.61 7009 Contracted Services 340.00 43,859.98 20,400 (23,460) 215.00 7011 Testing 0.00 0.00 1,200 1,200 0.00 7211 Gas & Lube 0.00 0.00 1,500 1,500 0.00 7212 Uniform Allowance 0.00 0.00 500 500 0.00 7213 Safety Equipment 0.00 0.00 1,800 1,800 0.00 7214 Janitorial Supplies 0.00 0.00 700 700 0.00 7215 Operating Supplies 2.58 2.58 0 (3) 0.00 7216 Maintenance & Repair 0.00 0.00 2,000 2,000 0.00 7217 Small Tools & Equipment 13.92 13.92 1,500 1,486 0.93 7300Advertising 0.00 0.00 1,100 1,100 0.00 7301 Subscriptions & Dues 0.00 0.00 300 300 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 8104 Motor Pool Rent 980.29 3,921.11 12,000 8,079 32.68 Total Non -Personnel Costs: $ 2,068.17 $ 50,823.84 $ 54,250 $ 3,426 $ 93.68 Total Expenditures $ 2,068.17 $ 50,269.31 $ 230,275 $ 180,007 $ 21.83 209 Page: 32 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 33 General Fund Parks & Rec - The Rec Room For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 173.04 624.03 48,006 47,382 1.30 6001 Overtime 0.00 0.00 687 687 0.00 6100 Medicare 2.52 9.33 831 822 1.12 6102 Workers' Compensation 13.59 52.00 2,474 2,422 2.10 6200 Leave Time 0.00 0.00 3,717 3,717 0.00 6201 Retirement Benefits 38.09 141.46 2,546 2,405 5.56 6202 Health Insurance 0.09 202.07 41,625 41,423 0.49 Total Personnel Costs: $ 227.33 $ 1,028.89 $ 99,886 $ 98,858 $ 1.03 Non -Personnel Costs: 7004Insurance 0.00 349.58 1,200 850 29.13 7009 Contracted Services 340.00 1,360.00 20,000 18,640 6.80 7011 Testing 0.00 0.00 250 250 0.00 7211 Gas & Lube 0.00 0.00 100 100 0.00 7212 Uniform Allowance 0.00 0.00 150 150 0.00 7213 Safety Equipment 0.00 0.00 500 500 0.00 7214 Janitorial Supplies 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 0.00 6,200 6,200 0.00 7216 Maintenance & Repair 0.00 0.00 1,000 1,000 0.00 7300 Advertising 0.00 0.00 550 550 0.00 7301 Subscriptions & Dues 0.00 0.00 250 250 0.00 7302 Travel & Subsistence 0.00 0.00 900 900 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 Total Non -Personnel Costs: $ 340.00 $ 1,709.58 $ 31,850 $ 30,140 $ 5.37 Total Expenditures $ 567.33 $ 2,738.47 $ 131,736 $ 128,998 $ 2.08 210 Monthly Budget -to -Actual Expenditure Report by Department Run: 5/18/2021 at2:31 PM City of Seward Page: 34 General Fund Library/Museum For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 15,113.21 68,810.67 245,962 177,151 27.98 6100 Medicare 269.97 1,361.81 4,876 3,514 27.93 6101 Unemployment Insurance 0.00 (604.06) 0 604 0.00 6102 Workers' Co mpe nsatio n 121.95 486.22 2,141 1,655 22.71 6200 Leave Time 2,318.21 11,784.29 24,056 12,272 48.99 6201 Retirement Benefits 1,797.31 7,129.15 12,436 5,307 57.33 6202 Health Insurance 7.56 14,631.57 129,870 115,238 11.27 Total Personnel Costs: $ 19,628.21 $ 103,599.65 $ 419,341 $ 315,741 $ 24.71 Non -Personnel Costs: 7001 Communications 1,042.98 3,384.58 13,500 10,115 25.07 7002 Postage and Freight 15.39 2,583.16 8,500 5,917 30.39 7004Insurance 0.00 7,560.73 12,000 4,439 63.01 7009 Contracted Services 8,692.61 21,887.60 72,009 50,121 30.40 7011 Testing 0.00 0.00 800 800 0.00 7012 Other Special Services 0.00 0.00 9,000 9,000 0.00 7015 Utilities 3,682.43 22,822.15 50,000 27,178 45.64 7016 Heating Fuel 1,647.82 5,533.59 12,000 6,466 46.11 7017 Rents & Leases 0.00 249.17 2,100 1,851 11.87 7201 Library Books 0.00 132.95 10,000 9,867 1.33 7202 Library Periodicals 0.00 0.00 3,000 3,000 0.00 7203 Library Standing Orders 0.00 0.00 4,000 4,000 0.00 7204 Library Non -Print 0.00 438.68 4,000 3,561 10.97 7205 Library Electronic Materials 0.00 0.00 4,500 4,500 0.00 7208 Museum Collection Supplies 0.00 0.00 1,200 1,200 0.00 7214 Janitorial Supplies 0.00 80.62 2,600 2,519 3.10 7215 Operating Supplies 216.24 2,668.25 12,000 9,332 22.24 7216 Maintenance & Repair 2,530.00 18,573.10 28,500 9,927 65.17 7217 Small Tools & Equipment 0.00 129.99 6,000 5,870 2.17 7300 Advertising 124.80 124.80 3,000 2,875 4.16 7301 Subscriptions & Dues 0.00 194.00 2,400 2,206 8.08 7302 Travel & Subsistence 0.00 97.00 2,000 1,903 4.85 7303 Education & Training 0.00 504.00 1,500 996 33.60 7304 Equipment Rent 0.00 0.00 4,000 4,000 0.00 7810 Miscellaneous Expense 0.00 26.94 500 473 5.39 Total Non -Personnel Costs: $ 17,952.27 $ 86,991.31 $ 269,109 $ 182,116 $ 32.33 Total Expenditures $ 37,580.48 $ 190,590.96 $ 688,450 $ 497,857 $ 27.68 211 Run: 5/18/2021 at 2:31 PM Total Expenditures Personnel Costs: 6201 Retirement Benefits Total Personnel Costs: Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Debt Service For 4/30/2021 Non -Personnel Costs: 8012 Debt Service Interest Expense 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 44,288.06 171,267.56 733,138 561,870 23.36 $ 44,288.06 $ 171,267.56 $ 733,138 $ 561,870 $ 23.36 49,903.12 113,103.12 223,456 110,353 50.62 110,000.00 110,000.00 230,000 120,000 47.83 $ 159,903.12 $ 223,103.12 $ 453,456 $ 230,353 $ 49.20 $ 204,191.18 $ 394,370.68 $ 1,186,594 $ 792,223 $ 33.24 212 Page: 1 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM City of Seward Page: 3 Harbor Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents & Leases 102,028 209,386 398,990 (189,604) 52.48 5001 Land Lease Credits 0 0 (63,247) 63,247 0.00 5100 Transient Moorage 52,112 126,491 586,000 (459,509) 21.59 5101 Moorage 96,853 402,647 1,160,000 (757,353) 34.71 5102 Wharfage 0 0 48,500 (48,500) 0.00 5103 Boat Lift Fees 10,369 14,976 117,000 (102,024) 12.80 5105 Harbor Power Sales 47,262 186,432 377,000 (190,568) 49.45 5150 Shower Fees 867 2,951 12,000 (9,049) 24.59 5153 Fuel Pumping Fee 1,160 2,697 21,000 (18,303) 12.84 5154 Waiting List Fees 347 1,166 7,500 (6,335) 15.54 5155 Towing Fees 158 420 900 (480) 46.67 5156 Pumping Boats 0 63 300 (237) 21.00 5157 North Harbor Launch Fee 467 561 30,000 (29,439) 1.87 5158 South Harbor Launch Fee 93 93 20,500 (20,407) 0.46 5800 Labor & Services 420 9,471 5,300 4,171 178.70 5890 Collection of Doubtful Accounts 0 0 1,200 (1,200) 0.00 5899 Miscellaneous Revenue 15 132 1,500 (1,368) 8.82 5901 EF Investment Interest 0 0 20,000 (20,000) 0.00 5905 EF Penalties and Interest 731 2,990 16,000 (13,010) 18.69 5940 Amortization of Contributions -in -Aid 0 0 974,557 (974,557) 0.00 5941 Amortization of Bond Premiums 0 0 58,257 (58,257) 0.00 Total Revenues $ 312,882 $ 960,476 $ 3,793,257 $ (2,832,782) $ 25.32 213 Run: 5/18/2021 at 2:26 PM Monthly Budget Expenditure City of Sewarc Harbor Enterprise For 4/30/2021 Report by Fund Fund Actual Y-T-D Month Actual Variance Annual (Over)/Under % of Annual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 32,057 161,397 559,134 397,737 28.87 6001 Overtime 157 2,778 40,103 37,325 6.93 6002 Standby Time 1,086 4,466 12,416 7,950 35.97 6100 Medicare 554 2,386 10,801 8,415 22.09 6101 Unemployment Insurance 0 (1,199) 4,000 5,199 (29.99) 6102 Workers' Compensation 2,079 9,201 40,617 31,416 22.65 6200 Leave Time 7,012 30,939 63,551 32,612 48.68 6201 Retirement Benefits 8,427 36,302 149,198 112,896 24.33 6202 Health Insurance 15 57,898 340,103 282,205 17.02 Total Personnel Costs: $ 51,387 $ 304,168 $ 1,219,923 $ 915,755 $ 24.93 Non -Personnel Costs: 7001 Communications 971 3,543 13,260 9,717 26.72 7002 Postage and Freight 299 918 9,690 8,772 9.48 7003 Bank and Credit Card Fees 0 5,783 69,480 63,697 8.32 7004Insurance 0 73,194 83,946 10,752 87.19 7006 Legal 0 931 10,200 9,269 9.13 7009 Contracted Services 5,976 17,636 96,206 78,570 18.33 7011 Testing 0 16 1,320 1,304 1.23 7015 Utilities (9,646) 15,112 126,072 110,960 11.99 7016 Heating Fuel 526 2,334 10,200 7,866 22.89 7100 General Power for Resale 33,991 120,747 307,000 186,253 39.33 7211 Gas & Lube 1,104 4,637 18,870 14,233 24.57 7212 Uniform Allowance 0 0 1,000 1,000 0.00 7213 Safety Equipment 55 2,220 7,650 5,430 29.01 7214 Janitorial Supplies 0 837 11,220 10,383 7.46 7215 Operating Supplies 421 3,312 36,720 33,408 9.02 7216 Maintenance & Repair 26 5,448 53,040 47,592 10.27 7217 Small Tools & Equipment 52 204 23,850 23,646 0.85 7300Advertising 0 0 5,100 5,100 0.00 7301 Subscriptions & Dues 0 219 1,530 1,311 14.33 7302 Travel & Subsistence 0 65 10,200 10,135 0.64 7303 Education & Training 0 249 4,080 3,831 6.10 7304 Equipment Rent 0 0 2,040 2,040 0.00 7321 Harbor General Indirect Costs 43,150 172,600 517,800 345,200 33.33 7322 Harbor Admin Indirect Costs 51,515 195,951 496,381 300,430 39.48 7324 Gen Fund Indirect Costs 31,188 124,753 374,258 249,505 33.33 7325 Harbor Internal Cost Allocation (106,605) (415,041) (1,142,727) (727,686) 36.32 7330 P.I.L.T. 28,281 71,319 191,000 119,681 37.34 7331 Reclass PILTto Transfer -Out (28,281) (71,319) (191,000) (119,681) 37.34 7808 Bad Debt Expense 0 0 10,000 10,000 0.00 7810 Miscellaneous Expense 0 33 3,570 3,537 0.93 7900 Depreciation Expense 0 0 2,368,893 2,368,893 0.00 8012 Debt Service Interest Expense 4,600 28,582 110,550 81,968 25.85 8013 Amortize Deferred Loss on Bonds 0 0 23,566 23,566 0.00 8104 Motor Pool Rent 5,228 20,913 64,000 43,087 32.68 214 Page: 3 Run: 5/18/2021 at 2:26 PM 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Monthly Budget Expenditure Report by Fund City of Seward Harbor Enterprise Fund For 4/30/2021 Actual Y-T-D Annual Month Actual Budget 0 0 560,000 $ 62,851 $ 385,196 $ 4,288,965 $ 114,238 $ 689,364 $ 5,508,888 215 Variance (Over)/Under % of Annual Budget Budget 560,000 0.00 $ 3,903,769 $ 8.98 $ 4,819,524 $ 12.51 Page: 4 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM City of Seward Page: 4 SMIC Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents & Leases 42,180 90,848 179,745 (88,897) 50.54 5101 Moorage 9,824 19,475 14,000 5,475 139.11 5102 Wharfage 38 38 6,000 (5,962) 0.64 5103 Boat Lift Fees 42,200 64,768 200,000 (135,232) 32.38 5104 Storage Fees 15,286 62,733 100,000 (37,267) 62.73 5106 SMIC Power Sales 7,960 22,350 70,000 (47,650) 31.93 5109 Washdown Pad Fees 275 275 8,200 (7,925) 3.35 5110 Crane Fees 520 520 1,500 (980) 34.67 5153 Fuel Pumping Fee 0 0 1,000 (1,000) 0.00 5800 Labor & Services 0 50 1,500 (1,450) 3.33 5802 Equipment Rental 0 0 500 (500) 0.00 5899 Miscellaneous Revenue 0 0 1,000 (1,000) 0.00 5905 EF Penalties and Interest 0 84 0 84 0.00 5940 Amortization of Contributions -in -Aid 0 0 482,529 (482,529) 0.00 Total Revenues $ 118,283 $ 261,141 $ 1,065,974 $ (804,833) $ 24.50 216 Monthly Budget Expenditure Report by Fund Run: 5/18/2021 at2:26 PM City of Seward Page: 5 SMIC Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 8,240 27,935 60,041 32,106 46.53 6001 Overtime 223 405 7,053 6,648 5.74 6100 Medicare 128 423 1,046 623 40.42 6102 Workers' Compensation 616 2,088 7,328 5,240 28.49 6201 Retirement Benefits 1,953 6,423 1,640 (4,783) 391.64 6202 Health Insurance 3 11,664 26,198 14,534 44.52 Total Personnel Costs: $ 11,163 $ 48,938 $ 103,306 $ 54,368 $ 47.37 Non -Personnel Costs: 7001 Communications 0 0 510 510 0.00 7002 Postage and Freight 0 40 5,610 5,570 0.71 7004 Insurance 0 9,694 17,238 7,544 56.23 7006 Legal 0 0 15,300 15,300 0.00 7009 Contracted Services 2,105 12,074 30,600 18,526 39.46 7015 Utilities 2,173 7,724 17,469 9,745 44.22 7016 Heating Fuel 253 2,446 5,100 2,654 47.97 7100 General Powerfor Resale 4,800 12,935 47,000 34,065 27.52 7211 Gas & Lube 0 1,912 8,160 6,248 23.43 7213 Safety Equipment 0 996 0 (996) 0.00 7215 Operating Supplies 0 335 6,120 5,785 5.48 7216 Maintenance & Repair 567 1,093 36,720 35,627 2.98 7217 Small Tools & Equipment 0 0 1,530 1,530 0.00 7300 Advertising 0 0 3,060 3,060 0.00 7321 Harbor General Indirect Costs 5,442 21,769 65,308 43,539 33.33 7322 Harbor Admin Indirect Costs 6,497 24,720 62,678 37,958 39.44 7323 SMIC General Indirect Costs 11,424 45,696 137,087 91,391 33.33 7324 Gen Fund Indirect Costs 8,325 33,298 99,895 66,597 33.33 7325 Harbor Internal Cost Allocation (11,424) (45,696) (137,087) (91,391) 33.33 7330 P.I.L.T. 6,602 15,059 27,136 12,077 55.50 7331 Reclass PILTto Transfer -Out (6,602) (15,059) (27,136) (12,077) 55.50 7900 Depreciation Expense 0 0 806,078 806,078 0.00 Total Non -Personnel Costs: $ 30,162 $ 129,036 $ 1,228,376 $ 1,099,340 $ 10.50 Total Expenditures $ 41,325 $ 177,974 $ 1,331,682 $ 1,153,708 $ 13.36 217 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM City of Seward Page: 5 Electric Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 175,769 569,810 1,428,243 (858,433) 39.90 5302 Residential fuel factor 155,809 547,854 1,415,915 (868,061) 38.69 5303 Residential customer charge 0 135,784 514,725 (378,941) 26.38 5310 SG Service 91,919 277,565 891,273 (613,708) 31.14 5312 SG fuel factor 74,768 240,781 636,568 (395,787) 37.82 5313 SG Customer Charge 0 67,436 230,574 (163,138) 29.25 5320 LG Service 246,832 650,304 1,391,272 (740,968) 46.74 5322 LG fuel factor 208,514 658,868 1,851,640 (1,192,772) 35.58 5323 LG customer charge 0 11,686 46,901 (35,215) 24.92 5324 LG demand charge 0 352,799 1,455,485 (1,102,686) 24.24 5327 RES Alternate Energy (22) (22) 0 (22) 0.00 5340 Spec. Contract Energy 37,189 90,426 497,910 (407,484) 18.16 5342 Special Contract fuel factor 20,166 58,128 505,829 (447,701) 11.49 5343 Spec. Contract customer charge 0 132 1,090 (958) 12.13 5345 Special Contract Demand 0 57,896 434,000 (376,104) 13.34 5350 Harbor Fund Power Sales 23,147 86,698 285,000 (198,302) 30.42 5352 Harbor power fuel factor 20,816 68,346 112,640 (44,294) 60.68 5360 Street & Yard 6,343 26,413 71,680 (45,267) 36.85 5362 Yard Light Fuel 547 2,506 4,096 (1,590) 61.19 5800 Labor & Services 76 76 0 76 0.00 5801 Turn on Fees 2,259 4,766 20,480 (15,714) 23.27 5802 Equipment Rental 1,390 1,560 20,480 (18,920) 7.62 5803 Joint Pole Use 0 0 10,240 (10,240) 0.00 5804 Work Order Revenue 833 833 20,480 (19,647) 4.07 5890 Collection of Doubtful Accounts 604 604 800 (196) 75.49 5899 Miscellaneous Revenue 0 0 5,120 (5,120) 0.00 5901 EF Investment Interest 0 0 30,000 (30,000) 0.00 5905 EF Penalties and Interest 2,382 2,346 40,000 (37,654) 5.86 5940 Amort. of CIA - General 0 0 975,887 (975,887) 0.00 5941 Amort.Bond Premium 0 0 14,000 (14,000) 0.00 Total Revenues $ 1,069,341 $ 3,913,595 $ 12,912,328 $ (8,998,733) $ 30.31 218 Run: 5/18/2021 at 2:26 PM Monthly Budget Expenditure City of Sewarc Electric Enterprise For 4/30/2021 Report by Fund Fund Actual Y-T-D Month Actual Variance Annual (Over)/Under % of Annual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 59,638 243,284 910,172 666,888 26.73 6001 Overtime 4,889 22,479 62,958 40,479 35.70 6002 Standby Time 11,324 45,651 100,626 54,975 45.37 6100 Medicare 1,234 5,314 16,345 11,031 32.51 6102 Workers' Compensation 3,546 14,158 84,001 69,843 16.85 6200 Leave Time 6,346 25,768 106,860 81,092 24.11 6201 Retirement Benefits 15,090 56,969 210,420 153,451 27.07 6202 Health Insurance 4 75,836 298,872 223,036 25.37 6204 Meal Allowance 143 1,934 7,373 5,439 26.23 6205 Electric Union Benefits 182 6,701 21,504 14,803 31.16 Total Personnel Costs: $ 102,396 $ 498,094 $ 1,819,131 $ 1,321,037 $ 27.38 Non -Personnel Costs: 7001 Communications 1,291 3,862 22,016 18,154 17.54 7002 Postage and Freight 110 3,591 19,884 16,293 18.06 7003 Bank and Credit Card Fees 0 20,805 92,938 72,133 22.39 7004Insurance 0 44,965 66,560 21,595 67.56 7006 Legal 662 5,140 51,080 45,940 10.06 7009 Contracted Services 52,886 71,028 426,569 355,541 16.65 7010 Engineering 14,344 18,411 65,000 46,589 28.32 7011 Testing 0 0 1,000 1,000 0.00 7012 Other Special Services 1,746 6,362 15,360 8,998 41.42 7015 Utilities 16,267 62,664 142,016 79,352 44.12 7016 Heating Fuel 1,416 5,835 18,432 12,597 31.66 7017 Rents & Leases 16,265 19,402 23,552 4,150 82.38 7101 Chugach Power Purchases 311,321 961,233 2,300,400 1,339,167 41.79 7102 Power Fuel Costs 204,545 418,417 2,982,359 2,563,942 14.03 7103 Fuel for Generators 0 7,212 102,400 95,188 7.04 7210 Vehicle Supplies 5,128 8,367 10,240 1,873 81.71 7211 Gas & Lube 1,827 7,064 38,912 31,848 18.15 7212 Uniform Allowance 112 1,010 17,000 15,990 5.94 7213 Safety Equipment 110 879 5,620 4,741 15.63 7215 Operating Supplies 11,506 58,751 187,392 128,641 31.35 7216 Maintenance & Repair 76 4,339 97,160 92,821 4.47 7217 Small Tools & Equipment 2,191 2,952 25,600 22,648 11.53 7220 CHC Medications 0 207 0 (207) 0.00 7300Advertising 0 1,463 6,144 4,681 23.81 7301 Subscriptions & Dues 0 20,189 37,654 17,465 53.62 7302 Travel & Subsistence 233 1,142 28,192 27,050 4.05 7303 Education & Training 0 0 28,672 28,672 0.00 7304 Equipment Rent 300 300 35,360 35,060 0.85 7307 GF Administrative Fee 81,360 325,441 976,185 650,744 33.34 7330 P.I.L.T. 85,322 312,848 948,131 635,283 33.00 7331 Reclass PI LT to Transfer -Out (85,322) (312,848) (948,131) (635,283) 33.00 7808 Bad Debt Expense 0 0 20,480 20,480 0.00 7810 Miscellaneous Expense 0 2,991 35,840 32,849 8.35 219 Page: 6 Monthly Budget Expenditure Report by Fund Run: 5/18/2021 at2:26 PM City of Seward Electric Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget 7900 Depreciation Expense 0 0 1,606,831 1,606,831 0.00 8010 Utility Deposit Interest 39 77 1,229 1,152 6.25 8012 Debt Service Interest Expense 0 81,725 163,450 81,725 50.00 8014 Debt Service Amortization of Bond Issue Costs 0 0 20,903 20,903 0.00 8101 1 nfrastructu re 0 0 143,360 143,360 0.00 8103 Capital Equipment 84 65,178 394,454 329,276 16.52 8104 Motor Pool Rent 22,586 90,343 276,480 186,137 32.68 8200 Work Order Sal/Benefit credits (2,615) (4,316) (70,000) (65,684) 6.17 8201 Work Order Operating Supply credits (774) (3,265) (40,000) (36,735) 8.16 8300 Debt Service Principal 0 0 180,000 180,000 0.00 Total Non -Personnel Costs: $ 743,016 $ 2,313,764 $ 10,556,724 $ 8,242,960 $ 21.92 Total Expenditures $ 845,412 $ 2,811,858 $ 12,375,855 $ 9,563,997 $ 22.72 220 Page: 7 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM City of Seward Page: 6 Water Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 43,376 173,709 523,000 (349,291) 33.21 5310 SG Service 10,977 30,006 159,000 (128,994) 18.87 5320 LG Service 15,421 58,715 222,000 (163,285) 26.45 5330 SMIC Sales 7,660 25,742 54,200 (28,458) 47.49 5340 Spec. Contracts 7,841 13,309 180,475 (167,166) 7.37 5801 Turn on Fees 1,608 2,002 17,000 (14,998) 11.78 5806 Ship Water 206 820 94,600 (93,780) 0.87 5807 Hydrant Rentals 11,363 43,937 132,000 (88,063) 33.29 5899 Miscellaneous Revenue 413 413 10,000 (9,587) 4.13 5901 EF Investment Interest 0 0 15,000 (15,000) 0.00 5905 EF Penalties and Interest 91 91 500 (409) 18.22 5940 Amort. of CIA - General 0 0 205,000 (205,000) 0.00 Total Revenues $ 98,956 $ 348,744 $ 1,612,775 $ (1,264,031) $ 21.62 221 Monthly Budget Expenditure Report by Fund Run: 5/18/2021 at2:26 PM City of Seward Water Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 15,030 55,989 183,519 127,530 30.51 6001 Overtime 1,398 3,488 4,726 1,238 73.79 6002 Standby Time 671 2,523 9,027 6,504 27.95 6100 Medicare 254 961 3,018 2,057 31.84 6102 Workers' Co mpe nsatio n 836 3,167 13,033 9,866 24.30 6200 0900 - Debt Service Leave Time 1,655 7,156 21,346 14,190 33.53 6201 Retirement Benefits 3,854 14,589 45,796 31,207 31.86 6202 Health Insurance 6 21,535 109,224 87,689 19.72 Total Personnel Costs: $ 23,704 $ 109,408 $ 389,689 $ 280,281 $ 28.08 Non -Personnel Costs: 7001 Communications 523 1,611 10,000 8,389 16.11 7002 Postage and Freight 0 633 5,515 4,882 11.48 7003 Bank and Credit Card Fees 0 2,894 11,279 8,385 25.66 7004Insurance 0 12,076 11,330 (746) 106.58 7006 Legal 0 0 5,150 5,150 0.00 7009 Contracted Services 1,930 2,143 94,812 92,669 2.26 7011 Testing 400 2,170 11,330 9,160 19.15 7015 Utilities 14,692 69,241 266,770 197,529 25.96 7016 Heating Fuel 1,039 1,039 0 (1,039) 0.00 7211 Gas & Lube 603 1,515 10,815 9,300 14.01 7213 Safety Equipment 0 0 3,090 3,090 0.00 7215 Operating Supplies 307 9,311 45,835 36,524 20.32 7216 Maintenance & Repair 18,334 18,895 30,750 11,855 61.45 7217 Small Tools & Equipment 0 57 6,695 6,638 0.85 7300 Advertising 0 0 1,030 1,030 0.00 7301 Subscriptions & Dues 17 926 1,751 825 52.88 7302 Travel & Subsistence 0 148 5,768 5,620 2.57 7303 Education & Training 0 0 5,768 5,768 0.00 7304 Equipment Rent 0 0 8,240 8,240 0.00 7307 GF Administrative Fee 22,445 89,780 269,340 179,560 33.33 7330 P.I.L.T. 7,916 27,899 111,382 83,483 25.05 7331 Reclass PILTto Transfer -Out (7,916) (27,899) (111,382) (83,483) 25.05 7808 Bad Debt Expense 0 0 2,060 2,060 0.00 7810 Miscellaneous Expense 0 0 1,854 1,854 0.00 7900 Depreciation Expense 0 0 622,443 622,443 0.00 8012 Debt Service Interest Expense 0 15,523 15,523 0 100.00 8104 Motor Pool Rent 421 1,683 5,150 3,467 32.68 8300 Debt Service Principal 0 141,321 141,321 0 100.00 Total Non -Personnel Costs: $ 60,711 $ 370,966 $ 1,593,619 $ 1,222,653 $ 23.28 Total Expenditures $ 84,415 $ 480,374 $ 1,983,308 $ 1,502,934 $ 24.22 222 Page: 8 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 5/18/2021 at 1:58 PM City of Seward Page: 7 Wastewater Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 58,882 234,297 700,000 (465,703) 33.47 5310 SG Service 14,787 52,592 200,000 (147,408) 26.30 5320 LG Service 20,728 79,708 283,300 (203,592) 28.14 5330 SMIC Sales 2,293 8,531 28,350 (19,819) 30.09 5801 Turn on Fees 2,201 9,101 10,000 (899) 91.01 5809 Water/Seward Misc. Service 0 0 4,250 (4,250) 0.00 5901 EF Investment Interest 0 0 8,000 (8,000) 0.00 5905 EF Penalties and Interest 91 91 1,000 (909) 9.15 5940 Amort. of CIA - General 0 0 398,445 (398,445) 0.00 Total Revenues $ 98,982 $ 384,320 $ 1,633,345 $ (1,249,025) $ 23.53 223 Monthly Budget Expenditure Report by Fund Run: 5/18/2021 at2:26 PM City of Seward Wastewater Enterprise Fund For 4/30/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 10,757 44,504 149,332 104,828 29.80 6001 Overtime 683 2,268 4,209 1,941 53.89 6002 Standby Time 590 2,581 6,879 4,298 37.51 6100 Medicare 179 737 2,475 1,738 29.77 6102 Workers' Compensation 531 2,258 10,576 8,318 21.35 6200 Leave Time 2,446 7,606 18,882 11,276 40.28 6201 Retirement Benefits 2,717 11,188 37,556 26,368 29.79 6202 Health Insurance 4 18,816 76,257 57,441 24.67 Total Personnel Costs: $ 17,907 $ 89,958 $ 306,166 $ 216,208 $ 29.38 Non -Personnel Costs: 7001 Communications 507 1,546 8,549 7,003 18.08 7002 Postage and Freight 613 1,218 4,841 3,623 25.16 7003 Bank and Credit Card Fees 0 3,975 14,142 10,167 28.11 7004Insurance 0 3,492 8,244 4,752 42.35 7006 Legal 0 0 12,360 12,360 0.00 7009 Contracted Services 21,450 39,482 196,372 156,890 20.11 7011 Testing 1,820 8,970 27,810 18,840 32.25 7015 Utilities 11,083 45,294 224,540 179,246 20.17 7016 Heating Fuel 0 430 3,605 3,175 11.93 7017 Rents & Leases 0 0 206 206 0.00 7211 Gas & Lube 846 2,674 9,991 7,317 26.76 7213 Safety Equipment 0 0 1,545 1,545 0.00 7215 Operating Supplies 399 12,026 17,510 5,484 68.68 7216 Maintenance & Repair 328 1,712 35,385 33,673 4.84 7217 Small Tools & Equipment 129 129 4,120 3,991 3.13 7300 Advertising 0 0 412 412 0.00 7301 Subscriptions & Dues 0 0 4,635 4,635 0.00 7302 Travel & Subsistence 0 0 5,356 5,356 0.00 7303 Education & Training 0 0 3,914 3,914 0.00 7304 Equipment Rent 0 0 6,180 6,180 0.00 7307 GF Administrative Fee 13,707 54,828 164,483 109,655 33.33 7330 P.I.L.T. 7,919 30,746 96,880 66,134 31.74 7331 Reclass PILTto Transfer -Out (7,919) (30,746) (96,880) (66,134) 31.74 7808 Bad Debt Expense 0 0 2,060 2,060 0.00 7810 Miscellaneous Expense 0 0 1,236 1,236 0.00 7900 Depreciation Expense 0 0 482,863 482,863 0.00 8012 Debt Service Interest Expense 0 0 14,504 14,504 0.00 8104 Motor Pool Rent 421 1,683 5,150 3,467 32.68 8300 Debt Service Principal 0 0 58,128 58,128 0.00 Total Non -Personnel Costs: $ 51,303 $ 177,459 $ 1,318,141 $ 1,140,682 $ 13.46 Total Expenditures $ 69,210 $ 267,417 $ 1,624,307 $ 1,356,890 $ 16.46 224 Page: 9 Memorandum Date: May 24, 2021 From: Brenda Ballou, City Clerk RE: City Clerk's Travel Report In the last few weeks, I have had the opportunity to participate in two professional development events: Advanced Public Information Officer (PIO) training, and International Institute of Municipal Clerks (IIMC) annual conference. Advanced PIO — April 26 — 30, 2021 The Advanced PIO training was held in Emmitsburg, Maryland on the campus of the National Emergency Training Center. The Emergency Management Institute (EMI) training curriculum for the advanced level course focused on skills used during escalating incidents, including strategic communications and incident action planning, related to Joint Information Center (JIC) operations. The course normally has over 40 students, but due to COVID, my class consisted of only 11 PIOs from around the country. The instructors told us they made no modifications to the materials to accommodate a smaller class size, and commended our group for rising to the challenge of handling the exercise well and working together as a cohesive, productive team. FEMA provided a shuttle from and to the airport. The cost for the training was paid for by myself, and FEMA reimbursed me for air travel. The only cost to the city is the meal package that I was required to purchase to stay on campus. IIMC Conference — May 9 —13, 2021 The annual IIMC conference was held in Grand Rapids, Maryland. There were a variety of classes and speakers scheduled throughout the week, and the ones I attended included: Mindful Leadership, Heroes Work Here, Creating A More Resilient Workplace, and 55 Ways To Add Disney Magic To Your Organization (a funny title, but led by an expert in customer service who used to work at Disney), among others. There were only four clerks from Alaska able to attend the conference this year; there usually are between 15 and 20. The city clerk from Valdez, Sherie Pierce, was sworn in as President of IIMC. Council will recall that Sherie conducted a training on Parliamentary Procedures in May, 2018 for our city council and boards/commissions (for which she did not charge the city). The city clerk from Kenai, Jamie Heinz, carried the State of Alaska flag in the opening ceremonies as President of AAMC (an honor I will have next year in Little Rock, Arkansas) . IIMC provided a shuttle from and to the airport. My expenses will include conference registration, air travel, some meals, and hotel. 01&1 Emergency Management Institute U.S. Department of Homeland Security 16825 S. Seton Avenue Emmitsburg. MD 21727-8998 yT Utyn FEMA-: Congratulations on successfully completing recent training at the Emergency Management Institute (EMI). This year, EMI is celebrating its 70-year legacy of training and education for emergency management professionals like yourself. You join nearly one million other distinguished state, local, tribal, and territorial emergency management professionals who complete training through EMI each year. Please accept my sincere gratitude for your continued effort to pursue knowledge and advance the emergency management profession. On behalf of our staff and faculty at EMI, I wish you the best of luck in your emergency management career. Sincerely, Jeffrey D. Stern, Ph.D. Superintendent Emergency Management Institute � % Years OKI- o W � � N W CD U N � o W M U a N co M .COL. a a� U a� U'A a� w ON June 2021 June e Th July e 21 SuMo TuWFr Sa SuMo TuWh Fr Sa 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 4 5 6 7 8 910 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 30 31 Jun 1 2 3 4 5 7OOpm P&Z Mtg (Council Chambers) 6 7 8 9 10 11 12 6:OOpm HPC Work Session (CLG Grant 2000..5) 7:OOpm HPC Regular Meeting (Council ch.. m r 13 14 15 16 17 18 19 ---------------- 6:OOpm P&Z 5:30pm CC Work Session Work Session (Discuss (Council Developer Chambers) Reimbursemen t Program 7:OOpm CC Mtg (Council Chambers 20 21 22 23 24 25 26 6:15pm HPC Work Session (CLG Grant 20005) 27 28 29 30 Jul 1 2 3 7:OOpm CC Mtg _Chamber Council Calendar 1 5/14/2021 4:16 PM 228 July 2021 July August SuMo TuWe T Thh Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 910 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 27 28 29 30 Jul 1 2 3 4 5 6 7 8 9 10 7:OOpm P&Z Mtg 6:OOpm HPC (Council Regular Chambers) Meeting (Council Chm r........................... 11 12 13 14 15 16 17 7:OOpm CC Mtg (Council Chambers 18 19 20 21 22 23 24 6:OOpm P&Z Work Session (Council Chambers) 25 26 27 28 29 30 31 7:OOpm CC Mtg -Chamber Council Calendar 2 5/14/2021 4:16 PM 229