HomeMy WebLinkAbout06112012 City Council PacketSeward City Council
Agenda Packet
Summer Solstice
June 11, 2012
City Council Chambers Beginning at 7: 00 p.m.
1963 1965 2005
The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones and pagers during the meeting}
wk,
June 11. 2012 7:00 n.m. Council Chambers
David Seaward
Mayor
Term Expires 2013
Jean Bardarson
Vice Mayor
Term Expires 2012
Robert Valdatta
Council Member
Term Expires 2013
Christy Terry
Council Member
Term Expires 2013
Vanta Shafer
Council Member
Term Expires 2013
Marianna Keil
Council Member
Term Expires 2012
Ristine Casagranda
Council Member
Term Expires 2012
James Hunt
City Manager
Johanna Kinney
City Clerk
Cheryl Brooking
City Attorney
1.
2.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
signed in will be given the first opportunity to speak. Time is limited
to 3 minutes per speaker and 36 minutes total time for this agenda
item.]
APPROVAL OF AGENDA AND CONSENT AGENDA /Approval
of Consent Agenda passes all routine items indicated by asterisk (*).
Consent Agenda items are not considered separately unless a council
member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
A. Proclamations and Awards
1. Congratulations to Meg Berry and Jed Wilde as Athletes of the
Year................................................................ Pg. 4
B. Borough Assembly Report
C. City Manager's Report
D. 'Mayor Report
E. Other Reports and Presentations
1. Cook Inlet Aquaculture Association Report from Tim
McDonald
2. Hawkins & Hawkins (architects) on Mount Alice Harbor.
3. Department of Transportation on Winter Road Conditions and
Planned Move
4. Travel Report from Willard Dunham, Seward's Ambassador to
the 2012 World Expo in Yeosu, Korea
5. Mikunda, Cottrell & Co. on audit results for the year ended
December 31, 2011
City of Seward, Alaska Council Agenda
June 11, 2012 Page I
7. PUBLIC HEARINGS
A. Resolutions Requiring Public Hearing
1. Resolution 2012-038, Authorizing The City Manager To Enter Into An Extension
Of The Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As
Lots 1-A And 3, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center,
Seward Ship's Drydock Replat, According To Plat 2002-22, Seward Recording District, Third
Judicial District, State Of Alaska.......................................................................Pg. 6
8. UNFINISHED BUSINESS
A. Items Postponed from Previous Agenda
1. Resolution 2012-028, Accepting A Grant From Alaska Energy Authority To
Upgrade And Update Generation Facilities At Fort Raymond Generation Plant For $3,960,000
And Appropriating Funds (Postponed From The May 14, 2012 City Council Meeting). Original
Motion: Bardarson/Shafer..............................................................................Pg. 14
9. NEW BUSINESS
A. Ordinances for Introduction
* 1. Non -Code Ordinance 2012-006, Submitting A Proposition To The Qualified
Voters At The October 2, 2012 Regular Municipal Election To Establish Local Forms And
Guidelines For Financial Disclosure For Elected And Appointed Officials And Exempting
Elected And Appointed Officials From The State Of Alaska Public Official Financial Disclosure
Law (Alaska Statute 39.50).............................................................................Pg. 47
B. Resolutions
* 1. Resolution 2012-039, Accepting The 2012 Volunteer Fire Assistance (VFA)
Grant In The Amount Of $12,066.30 And Authorizing The 10% Matching Funds Of $1,206.63
AndAppropriating Funds..............................................................................Pg. 63
*2. Resolution 2012-040, Authorizing A One Year Contract For $556,000.00 With
The State Of Alaska, Department Of Corrections, To Provide For Operating The Seward
Community Jail And Housing Prisoners Charged And/Or Sentenced Under Alaska
Statutes................................................................................................... Pg. 69
C. Other New Business Items
*1. Approval Of The May 14, 2012 and May 29, 2012 City Council Regular Meeting
Minutes................................................................................................... Pg. 85
*2. Appointment of Linda Lasota to the Historic Preservation Commission, with a
term to expire May, 2015..............................................................................Pg. 101
City of Seward, Alaska Council Agenda
June 11, 2012 Page 2
10. INFORMATIONAL ITEMS AND REPORTS (No action required)
A. Letter of Congratulations for Seward's Centennial Anniversary from Governor
Parnell................................................................................................. Pg. 102
11. COUNCIL COMMENTS
12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one
opportunity to speak]
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
14. ADJOURNMENT
City of Seward, Alaska Council Agenda
June 11, 2012 Page 3
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The City Of Seward City Council Hereby Recognizes
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MEG BERRY
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For Her Outstanding Accomplishments
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2011-2012 Athlete of the Year
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* David Seaward, Mayor
City of Seward, Alaska
* June 11, 2012
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The City Of Seward City Council Hereby Recognizes
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JED WILDE
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For His Outstanding Accomplishments
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2011-2012 Athlete of the Year
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David Seaward, Mayor
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City of Seward, Alaska
June 11, 2012
T'
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71.. Y: 4 z T F .- .' 3 : T. -. ." F'. F 't F" .. Y' T: ... .. .. Y" ..if 4," Yi
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXTENSION OF THE GROUND LEASE WITH SEWARD SHIP'S
DRYDOCK, INC. FOR THE REAL PROPERTY DESCRIBED AS LOTS 1-A
AND 3, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION SEWARD
MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT,
ACCORDING TO PLAT 2002-22, SEWARD RECORDING DISTRICT,
THIRD JUDICIAL DISTRICT, STATE OF ALASKA
WHEREAS, the City (Lessor) and Seward Ship's Drydock, Inc. (Lessee) entered into the
current Ground Lease in 1995; and
WHEREAS, the Ground Lease was extended in 2010 to 2016 to reflect the investment by
the Lessee in improvements to the shiplift facility by replacing the cathodic protection system; and
WHEREAS, the Lessee has made several other upgrades to the ship lift facility; and
WHEREAS, the Lessee has completed the shiplift controls upgrade, the hoist pawl upgrade,
partial coating of the breakwater cells, and replacement of the cathodic protection system; and
WHEREAS, the parties desire to extend the lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City agrees to accept the improvements based on representations by Lessee
that the work was completed and Lessee has expended $346,001.25 on the Shiplift Control System
Upgrade and $409,164.32 on the Hoist Pawl Solenoid Upgrade.
Section 2. The Ground Lease is hereby extended until June 30, 2040. The City Manager is
authorized to enter into an Agreement to Extend Ground Lease in substantially the same form
presented at this meeting.
Section 3. This resolution shall take effect 30 days after adoption.
3
CITY OF SEWARD, ALASKA
RESOLUTION 2012-038
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11'h day of
June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
\\172.16.1.19\Cityclerk\RESOLUTIONS\2012\12-038 SSDD Lease Extension Res.Doc
Council Agenda Statement
Meeting Date: June 11, 2012
From: Mack Funk, Harbormaster
Through: Jim Hunt, City Manager
Subject: Seward Ship's Drydock Ground Lease Extension
BACKGROUND & JUSTII+ICATION
The City of Seward has long pursued the development of the Seward Marine Industrial Center, and constructed
improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock,
and breakwater. The current ground lease for a portion of the area immediately upland of the Shiplift Facility
has been in effect between the City and Seward Ship's Drydock, Inc. (SSDI) since 1995. In 2010, the Lease
was extended through June 30, 2016. The City Council authorized the possibility of future extensions through
June 30, 2040.
Lease extensions are based upon approved capital improvements to the Lease area or the City's Shiplift Facility
operated by SSDI (Lease, Article 2). SSDI and the City went to binding arbitration in 2008. The question
before the arbitrators centered on whether SSDI's proposed replacement of the cathodic protection system
would constitute an "improvement" for purposes of extending the Lease term when the City contended that
SSDI had not maintained or repaired the existing system that over the years deteriorated to a point where it no
longer functioned. The panel of three arbitrators decided on December 23, 2008 that SSDI was, in fact, eligible
for an extension through June 30, 2016 based on the investment made in a new Cathodic Protection system, to
replace the older system, to protect the sheet pile breakwater below the waterline.
To request an extension of the Lease term "... SSDI must submit to the City plans for an improvement ... [that]
must include an estimate of costs and a schedule for installing the improvements." On the other hand, "The
provision in the ground Lease that the improvement proposal is subject to approval by the City does not vest the
Council with additional power over Ground Lease terms." (Arbitration decision)
SSDI made numerous requests to extend the lease (several written attempts are documented over the past four
years, but none are complete in accordance with the Lease). SSDI submitted the costs of three projects that may
qualify for lease extensions: Shiplift Control System Upgrade ($346,001.25), Hoist Pawl Solenoid Upgrade
(409,164.32) and Coating of Cells & Dock Piling ($609,738.37). The total submitted costs of the three projects,
if valid, would qualify SSDI for extensions through 2040. However, each request raises significant questions.
For both the Shiplift Control System Upgrade and the Hoist Pawl Actuator Upgrade, SSDI first requested city
approval on July 29, 2009 (letter enclosed), but the request did not include a schedule. Apparently the City did
not approve the request because it was not complete and did not meet the requirements in Article 2 of the Lease
to ask for an extension of the term. The labor rate charged for this work is $44.10 per hour.
The Coating of Cells & Dock Piling did not achieve the agreed upon goal of reaching 2 feet MLLW. "A
professional acknowledged the paint was about as low as it could get. It was difficult to go to that level. In
looking at the coating, he felt it was acceptable, even though it did not meet the council's guidance from March
[2011]." (Excerpt from the City Council minutes September 26, 2011). The previous city manager
recommended that the work be deemed complete. Several months later, the City Council accepted that
recommendation, in March 2012, as part of the approval of the 5-year extension of the Maintenance and
Operating Agreement. However, the original estimated cost was $400,000 (compared to $609,738.37).
Furthermore, 72% of the total cost of the project is labor and the labor rate associated with this work is claimed
to be $63 per hour.
SSDI is technically in default of the Lease as a result of four unresolved Notices of Default issued by the Alaska
Department of Environmental Conservation. The City, as the owner of the land, may be held jointly and
severally liable for contamination caused by SSDI at the site. The administration recommends allowing the
Lease to continue, without waiving any rights of the City, with the understanding and expectation that
environmental compliance matters will be dealt with and resolved between SSDI and DEC.
The arbitration panel stated, "The City may not unreasonably withhold its consent to an improvement that SSDI
proposes in connection with exercising the option to extend the Ground Lease." The panel also emphasized
SSDI's responsibility to submit complete requests, including cost and a schedule for completion of acquiring,
installing and constructing the improvement. No requests were sent to the City that comply with Article 2 of
the Lease, and therefore no response was appropriate from the City. SSDI now asks for extensions to the Lease
term to extend the term to June 30, 2040 without the need for compliance with Article 2. The administration
has no objection, and recommends approval of an extension of the Lease term to June 30, 2040.
According to the previous city manager, the ship lift facility is currently maintained in the best condition in the
history of the Seward Marine Industrial Center (Agenda Statement September 26, 2011).
CONSISTENCY CHECKLIST:
Yes
No
N/A
1.
Comprehensive Plan (document source here): Seward Zoning
X
2
Strategic Plan (document source here): Seward Marine Industrial Center
Development Plan
X
3.
Other (list):
FISCAL NOTE
The current rent collected from Seward Ship's Drydock, Inc. is $64,000 per year (plus tax).
Finance Department: As,�
ATTORNEY REVIEW Yes—X - Limited No
RECOMMENDATION
Council approve Resolution 2012- ��U authorizing the City Manager to enter into the Extension of the
Ground Lease with Seward Ship's Drydock, Inc. through June 30, 2040 in substantially the form presented at
this meeting.
0
JUN 5 2012
SEWARD SHIP'S DRYDOCK, INC.
P.O. Box 944 Tel. (907) 224-3198
Mile 7 Nash Road Tel. (907) 224-5640
Seward, Alaska 99664-0944 Fax: (907) 224-5376
June 4, 2012
Mr. Ron Long
Assistant City Manager
City of Seward
PO Box 167
Seward, AK 99664
Dear Mr. Long,
In accordance with our lease, and at the request of the city, this letter
summarizes and certifies the costs recently expended by Seward Ships
Drydock, Inc. to complete the capital improvements and upgrades at our
leased facility:
1. Coating Cells and Dock Pilings
$60%738.37
2. Hoist Pawl Solenoid Upgrade
$409,164.32
3. Cathodic Protection System
$303,816.89
4. Control System Upgrade
$346,001.25
Please don't hesitate to contact me if you have any questions.
Sincerely
J. Pruitt, owner
\O
AGREEMENT TO EXTEND GROUND LEASE
This Agreement is between the City of Seward, Alaska, an Alaska municipal corporation
("City"), whose address is P.O. Box 167, Seward, Alaska 99664, and Seward Ship's Drydock,
Inc., an Alaska corporation ("Lessee"), whose address is P.O. Box 944 Seward, Alaska 99664,
who are lessor and lessee, respectively, under that certain Ground Lease dated April 25, 1995 of
certain real property located within the Seward Marine Industrial Center, Seward, Alaska (the
"Lease").
The City of Seward and the Lessee certify that certain improvements have been
completed that are necessary to extend the Lease Term in accordance with Ground Lease
Amendment No. 4 dated January 14, 2010. Lessee installed certain capital improvement projects
at the City Ship Lift Facility: Hoist Pawl Solenoid Upgrade, SMIC Cell and Dock Pile Coating,
Control System Upgrade, and Cathodic Protection System. In full consideration of the
aforementioned improvements by the Lessee, the City and Lessee agree that the subject lease
will be extended commencing July 1, 2016 and expiring June 30, 2040.
Dated this day of 2012
City:
CITY OF SEWARD
Lessee:
SEWARD SHIP'S DRYDOCK, INC.
James Hunt Jam s T. Pruitt
City Manager President
ATTEST:
Johanna Kinney
City Clerk
State of Alaska )
)ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this _ day of , 2012 by James Hunt,
City Manager of the City of Seward an Alaska corporation, on behalf of the corporation.
Notary in and for Alaska
My commission expires:
State of Alaska )
)ss.
Third Judicial District )
The foregoing instrument was acknowledged before me this Lj-4ay of .L , t ° 2012 by James T.
Pruitt, President of Seward Ship's Drydock, Inc. an Alaska corporation, on beh f of the corporation.
Notary in and for Alaska
e. ' My commission expires:
Cj
pe E iv Sj'A.1 rE LJ'
\2
EW.ARD SHIP'S DIZYD®CK, INC.
P.O. Box 944
Mile 7 Nash Road
Seward, Alaska 99664-0944
City of Seward
PO Box 167
Seward, AK 99664
RECEIVE®
JUL 2 9 2009
OFFICE OF THE
Attention: Phillip Oates; City Manager
Subject: Ground Lease Extension Beyond 2029
Dear Phillip,
Tel: (907) 224-3198
Tel: (907) 224-5640
Fax: (907) 224-5376
29 duty,2009
As you are aware, Seward Ship's has received tentative award of a NIARAD grant. The
major portion of that grant, approximately $700,000, is designated for Syncrolift control
system improvements. As replacement of the cathodic protection system extends the
lease to 2016 and completion of the cell and piling coatings, estimated capital
improvement value approximately $400,000 will provide for the remaining 13 years of
lease extension available under the current lease, we find it necessary to make some
important business decisions concerning future capital improvements of the shiplift
facility.
Prior to accepting the grant funds, Seward Ship's requests to have commitment from the
city administration and council that the Syncrolift control system improvement project
will be considered a capital improvement and that Seward Ship's will be granted a lease
extension beyond the year 2029, based on the same criteria outlined in article 9 of the
December 29, 2008 arbitration award.
Please do not hesitate to contact me if you require any further information or have any
questions.
S' cerely,��
James T Pruitt
President, SSDDI
Sponsored by: Hunt
Postponed from: May 14, 2012
CITY OF SEWARD, ALASKA
RESOLUTION 2012-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING A GRANT FROM ALASKA ENERGY
AUTHORITY TO UPGRADE AND UPDATE GENERATION FACILITIES
AT FORT RAYMOND GENERATION PLANT FOR $3,960,000 AND
APPROPRIATING FUNDS
WHEREAS, the City of Seward relies on the backup generation facility in times of
emergency; and
WHEREAS, an update and reliable backup generation facility is in the best interest of
the community; and
WHEREAS, pursuant to the HB 108 for outright grant of funds, Alaska Energy
Authority #7910011 provides funds to update and upgrade the generation facilities at Fort
Raymond to permit a more reliable generation plant; and
WHEREAS, the grant was awarded by the State on July 1, 2011; and
WHEREAS, these funds are allocated by the State to complete the Fort Raymond
Generation Substation Upgrade; and
WHEREAS, the funds to accomplish the work is expected to total $4,164,010 of which
$3,960,000 is an outright grant through AEA and $204,010 represents work to be accomplished
within the operational budget of the Electric Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The Seward City Council hereby authorizes the City Manager to accept AEA
Grant #7910011 to upgrade and update generation facilities at Fort Raymond Generation
Plant, and accepts grant funds in the amount of $3,960,000 to Standby Generator Plant
Grant Revenue Account No. 505-5052-4680-0200.
Section 2. This resolution shall take effect immediately upon its adoption.
1A
CITY OF SEWARD, ALASKA
RESOLUTION 2012-028
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 1 Ph day of
June, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
,S
Agenda Statement
Meeting Date: May 14, 2012
To: City Council
Through: Jim Hunt, City Manager
From: John Foutz, Utility Manager
Agenda Item: Accept Alaska Energy Authority grant 47910011
BACKGROUND & JUSTIFICATION:
Grant Agreement #7910011 from the State of Alaska through Alaska Energy Authority (AEA) provides funds
to update and upgrade the generation facilities at Fort Raymond to permit a more reliable generation plant.
Two contracts will be presented to the council, separate from the grant acceptance, allocating the grant funds
to the winning bidders for integrating the controls and for the building.
The grant was awarded by the State on July 1, 2011, in the amount of $4,000,000.00. AEA has taken 1%
($40,000) as administrative fees. The funds to accomplish the work are expected to total $4,164, 010, of
which $3,960,000 is an outright grant from AEA and $204,010 represents work to be accomplished within the
operations budget of the Electric Department,
INTENT:
Council authorize the City Manager to accept AEA Grant #7910011 to upgrade and update the facilities at
Fort Raymond Generation Plant.
CONSISTENCY CHECKLIST:
Yes
No
N/A
1.
Comprehensive Plan : Sections 1.3, 3.7.3.1 and 3.7.3.2
X
2.
Strategic Plan (document source here):
X
3.
Other (list):
X
FISCAL NOTE:
The grant amount from the State of Alaska is $4,000,000 and Alaska Energy Authority is taking 1 % or
$40,000 as administration fees. The initial projected cost estimated by Jack Anderson with Dryden & LaRue
(A subsidiary of EPS) is $4,197,010 and is divided into design and construction of the generation facility at
$1,749,250, engineering and construction of warehouse/administrative facility for $1,400,000, engineering at
$314,925, and Contingency at $692,835. The amount over $4,000,000 is expected to be match by the City of
Seward. Since the $4,000,000 is granted by the State, then the funds do not impact the city's electric
department operating expense. The $197,010, if used, will come from the electric department's reserves.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
1b
RECOMMENDATION: ��pp,,
Council approve Resolution 2012- bl� authorizing the City Manager to accept grant funds by the state through
Alaska Energy Authority for the intended use of upgrading and updating the Fort Raymond Generation
Facility.
R
Johanna Kinney
From: Kirk H. Warren <KWarren@aidea.org>
Sent: Tuesday, May 15, 2012 9:02 AM
To: Vernon Willet
Subject: Seward Power Plant Grant #7910011
Good morning Vernon, thanks for the call yesterday regarding the verbiage on Item 3. "Match", found on page 21 of the
subject grant. There is no intent in this grant that the City of Seward is required to match $2,494,102. This statement
was an oversight. We are writing an amendment to reflect this and will have it to you imminently for signature and
processing.
Regards,
Kirk
Kirk H. Warren, P.E.
Alaska Energy Authority
Project Manager, Infrastructure
(907) 771-3072 Direct
(907) 240-8663 Cell
I '40WE ALASKA�,,,;:,:1
if WE ENERGY AUTHORITY
Spam
Not s am
Fort previous vote
i
�Z
May 30, 2012
Jim Hunt, City Manager
City Of Seward
P.O. Box 167
Seward, AK 99664
Subject: Grant Agreement Number 7910011
Seward Power Plant Integration
Amendment 1
Dear Mr. Hunt:
AD
Ao row, 1A
0, AIWT-1s
ILI"
t� MAY 3 1 2012
CITY OF S, - VIA R D
r'
Enclosed is a fully signed original of the above subject Amendment for your file.
If you have any questions, please do not hesitate to contact Kirk Warren, Project
Manager at 771-3072.
The Alaska Energy Authority looks forward to our continued relationship on this
project.
Sincerely,
ALASKA NERGY AUTHORITY
Karin St. Clair
Grants Assistant
Enclosure
813 West Northern Lights Boulevard Anchorage, Alaska 99503 T 907.771.3000 Toll Free (Alaska Only) 888.300.8534 F 907.771.3044
Y,:A
np ErmwEm
MAY 2
Alaska Energy Authority AA1D
EA
L012
Xg M
/4ME)
Grant Agreement
ENERGY AUTHORITY
Amendment
Grant Agreement Number
CFDA#
Amount of Funds
AEAa96 only
7910011
NA
$ 3,960,000
Managed ,` Pass-thru
Project Code(s)
PBO No. / Proposal No.
Period of Performance:
409037
NP10111
From: July 1, 2011 To: December 31, 2014
Project Title
Seward Power Plant Integration
GRANTEE
GRANTOR'
Name a Seward
City
Alaska Energy Authority
Street/PO Box
Street/PO Box
P.O. Box 167
813 W. Northern Lights Blvd.
City/State/Zip
City/State/Zip
Seward, AK 99664
Anchorage, AK 99503
Contact Person
Contact Person
Vernon Willet Jr.
Kirk Warren, Project Manager
Phone
Fax
Email:
Phone
Fax
Email:
907-224-4065
907-224-4038
vwillet@cityofseward.net
907-771-3072
907-771-3044
kwarren@aidea.org
AMENDMENT1
Appendix E #3, replace with the following:
3. Match
The Grantee is required to provide $ 237,010 in match for this Project.
All other terms and conditions remain unchanged
Grantee
Authority Project Manager
Executive Director
or Designee
ign re Date
Signature
Date
S' nature Date
Jim Hunt,
Kir W n,
S a Fisher -Goad
City Manager
Pro'ec ana er
AEA Executive Director
Page 1 of 1
w
RD EGUVEn�
.. 1,
Alaska Energy Authority AID
Grant Agreement AEA
/41111= JiUmMIO(A
ENERGY AUTHORITY
Grant Agreement Number
1
CFDA Number
Amount of Funds:
7910011
NA
$ 3,960 000
Project Code(s)
roposal Number:
7NP10111
Period of Performance:
409037
From: July 1 2011 To: December31, 2014
Project Title:
Seward Power Plant Integration
Grantee
G'rantoe
Name
City of Seward
Alaska Energy Authority
Street/PO Box
Street/PO Box
P.O. Box 167
813 W. Northern Lights Blvd
City/State/Zip
City/State/Zip
Seward, AK 99664
Anchorage, AK 9R503
Contact Person
Contact Person
Vernon Willet Jr.
Kirk H. Warren, Pro ect Manager
Phone:
Fax:
E-mail:
Phone:
Fax:
E-mail:
907-224-4065
907-224-4087
vwiilet@cityofsewar
907-771-3072
907-771-3044
kwarren@aidea.org
d.net
AGREEMENT
The Alaska Energy Authority (hereinafter'Authodty') and City of Seward (hereinafter 'Grantee'), agree as set forth
herein.
Section I. The Authority shall grant funds to pay for expenses incurred by the Grantee under the terms and
conditions of this Agreement, in an amount not to exceed $ 3,960,000, unless the grant amount is amended
as provided herein.
Section 11. The Grantee shall apply the grant funds to the Project and perform all of the work and other
obligations required by this Agreement.
Section Ill. Performance under this agreement begins July 1, 2011 and shall be completed no later than
December 31, 2014.
Section IV. The agreement consists of this page and the following:
Appendices Attachmente/Forms (As required)
Appendix A: General Provisions Attachment 1: Financial Report/Request for
Appendix B: Standard Provisions Reimbursement Form
Appendix C: Grantee Proposal/Scope of Attachment 2: Progress Report Form
Work Attachment 3: Notice of Grant Closeout
Appendix D: Project Management &
Reporting Requirements
Appendix E: Project Budget &
Reimbursement Provisions
AMENDMENTS: Any amendments to this
Agreement must be signed by authorized
representatives of Grantee and the Authority
and should be listed here.
Grant"
AuthOrftyr
Exoculi IVO .Director or
Pro 00V Maria er
Ds tree
D to
Signature D `te
nature Date
as 17
Jl
Kirk H, Wsrr
Sara Fisher -Goad,
city —Manager
Project Manager
AEA Executive Director
Seward Power Plant Integration
Grant Award # 7910011
Table of Contents
Grant No. 7910011
AGREEMENT................................ ........... I.,... ... I. .... I ................. I-...........,..,,-......,.,..,....,...........,,..,.................I
APPENDIXA GENERAL PROVISIONS.............................................................................................................4
1,
DEFINITIONS............................................................................................................................................4
2.
AUTHORITY SAVED HARMLESS....................................................................................................................4
3.
WORKERS' COMPENSATION INSURANCE.................................................................................................4
4.
INSURANCE..............................................................................................................................................5
5.
EQUAL EMPLOYMENT OPPORTUNITY (EEO)...............................................................................................5
6.
PUBLIC PURPOSES..............................................................................................................I........................5
7.
OFFICIALS NOT TO BENEFIT .....................................................................................................................5
S.
GOVERNINGLAW.........................................................................................................................................5
9.
COMPLIANCE WITH APPLICABLE LAW AND FUNDING SOURCE REQUIREMENTS...........................................5
10.
SEVERAWLITY........................... ..................................................................,...,............................................6
11,
NCIN-WAIVER................. ......... ..,.......................... ................ ............ .............................................. ........ ......6
12.
INTEGRATION.....................................................................,...............,,.......,................................................ 6
13.
GRANTEE NOT AGENT OF AUTHORITY.......................................................................................................6
14.
DISPUTES........................................................... ................................ .....,.................................................... 6
15.
TERMINATION..............................................................................................................................................6
16.
TERMINATIGNDUE ToLACK OFFUNDING ..................................................................................I................7
17.
NO ASSIGNMENT OR DELEGATION..............................................................................................................7
I&
NO THIRD PARTY BENEFICIARIES................................................................................................................8
19,
NO ADDITIONAL WORK OR MATERIAL........................................................................................................8
20.
CHANGES .............. ............. ................................................ .............,....... .,....,........................ .,.....,...,..........8
21.
RIGHT TO WITHHOLD FUNDS.......................................................................................................................8
22,
REMISSION OF UNEXPENDED FUNDS............................................................................................................8
23,
TAX COMPLIANCE RESPONSIBILITIES OF GRANTBE...................................................................................... a
24.
LOBBYING ACTIVITIES................................................................................................................................8
25,
FINANCIAL MANAGEMENT AND ACCOUNTING.............................................................................................8
26,
PROCUREMENT STANDARDS................................................................................. . ............................-.9
27.
REPORTING REQUIREMENTS.........................................................................................................................9
28.
OWNERSHIP OF DOCUMENTS AND PRODUCTS..............................................................................................9
29.
INSPECTIONS AND RETENTION OF RECORDS.................................................................................................9
30.
AUDITS........................................................................................,.............................................................9
31.
LEGALAUTHORITY........................................... ...... ................ ........ .............. ..... ..... .............................. 9
32.
GRANT CLOSE OUT....................................................................................................................................10
APPENDIX B STANDARD PROVISIONS.........................................................................................................10
1, GRANT FUNDING SOURCES .................. ............................ ........................ ..... .... ............................... I ....... ..10
2. GOVERNING LAWS.....................................................................................................................................10
3, ELIGIBLE COSTS.....................................................................................................................................10
4. INSURANCE REQUIREMENTS......................................................................................................................11
APPENDIX B1 STANDARD PROVISIONS FOR GENERAL DESIGN & CONSTRUCTION GRANT .... 12
1. DECLARATION OF PUBLIC 13ENEFIT...........................................................................................................12
2. GRANTEE PROJECT MANAGER....................................................................................................I.............12
3. APPROVAL TO PROCEED WITH NEXT PHASE..............................................................................................12
4. CONTRACTS FOR ENGINEERING SERVICES.................................................................................................12
5. SITE CONTROL...........................................................................................................................................12
6. PERMITS.....................................................................................................................................................12
7. EXCLUSION OF EXISTING ENVIRONMENTAL HAZARDS..............................................................................13
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Grant Award # 7910011
8. ENVIRONMENTAL STANDARDS ............................................................................................................... 13
9. CURRENT PREVAILING RATES OF WAGE AND EMPLOYMENT PREFERENCE................................................13
10. CONSTRUCTION PLANS AND SPECIFICATIONS RBVIEW...............................................................................13
11. CONSTRUCTION INSURANCE AND BONDING...............................................................................................14
12. POST CONSTRUCTION CERTIFICATION......................................................,.........,......................................14
13. OWNERSHIP OF FACILITIES...................................................................................................................14
14. OPERATION AND MAINTENANCE OF FACILITIES....................................................... .............................14
15. PERFORMANCE/OPERATION AND MAINTENANCE (O&M) REPORTING.......................................................14
16, TARIFFS & RATES FOR USE OF GRANT -FUNDED ASSETS........................................................................... 15
17. GRANT -FUNDED ASSETS NOT INCLUDED WITH PCE.................................................................................. I5
APPENDIX C GRANTEE PROPOSAL/SCOPE OF WORK...........................................................................16
APPENDIX D PROJECT MANAGEMENT & REPORTING REQUIREMENTS........................................18
1. PROJECT MANAGEMENT...................................................................................................................18
2. CONTACT PERSONS....................................................................................................................................18
3. MONTHLY PROGRESS AND FINANCIAL REPORTS .......................................... ,............................................. 18
4. DOCUMENTATION AND RECORD KEEPING...............................................................................I..................19
APPENDIX E PROJECT BUDGET & REIMBURSEMENT PROVISIONS ......... ........ ........... I ..... ... ... I ......... 19
1. ALLOWABLE COSTS ..................................,.....,..........,................,..,.,,,,......,,...........,............................19
a. Direct Labor & Benefits...........................................................................................................................19
b. Travel, Meals, or Per Diem.,....................................................................................................................19
C. Equipment................................................................................................................................................20
d. Supplies....................................................................................................................................................20
e, Contractual services.................................................................................................................................20
f.' Construction Services............................................,,..................._...........................................................20
g. Other Direct Casts ................................ ................................................................................................... 20
2. SPECIFIC EXPENDITURES NOT ALLOWED....................................................................................................21
3. MATCH.......................................................................................................................................................21
4. COST SHARE MATCH REQUIREMENTS ....................... ........ ......................................................................... 21
5. VALUING IN -KIND SUPPORT AS MATCH.....................................................................................................21
6. GRANT DISBURSEMENTS_.........................................................................................................................22
7. WITHHOLDING OF GRANT FUNDS...............................................................................................................22
8. ADVANCE DISBURSEMENTS.....................................................................................,.................................23
9. UNEXPENDED GRANT FUNDS AND INTEREST EARNED..............................................................................23
10. BUDGET ADJUSTMENTS AND CHANGES......................................................................................................23
ATTACHMENT 1 FINANCIAL REPORTIREQUEST FOR REIMBURSEMENT FORM .........................24
ATTACHMENT 2 PROGRESS REPORT FORM............................................................................................. 25
ATTACHMENT 3 NOTICE OF PROJECT CLOSEOUT................................................................................ 26
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APPENDIX A GENERAL PROVISIONS
Definitions
In this Grant Agreement, attachments and amendments:
a) "Authority" means the Alaska Energy Autho(ty, a public corporation of the State of
Alaska.
b) "Authority Project Manager" means the employee of the Authority responsible for
assisting the Grantee with technical aspects of the Project and is one of the Grantor's
contacts for the Grantee during all phases of the Project.
c) "Authorized Representatives" means those individuals or entities authorized by an entity
to act on its behalf, with delegated authority sufficient to accomplish the purposes for
which action is needed.
d) "Economic Life" means 20 years from the date of the final disbursement.
e) "Executive Director" means the Executive Director of the Authority or the Executive
Director's authorized representative.
f) "Grantee Project Manager" means the person designated to fulfill the obligations arising
under Appendix B1, item ##2.
g) "Matching Contributions" means the cash, loan proceeds, in -kind labor, equipment, land,
other goods, materials, or services a grantee provides to satisfy any match requirements
of a grant or to complete the Project.
h) "Project' means Seward Power Plant Integration as defined in Appendix C (Scope of
Grant) for which funds have been made available.
i) "State" means the State of Alaska,
2. Authority Saved Harmless
As a condition of this Grant, the Grantee agrees to defend, indemnify, and hold harmless the
Authority and the State of Alaska, and their agents, servants, contractors, and employees, from
and against any and all claims, demands, causes of action, actions, and liabilities arising out of,
or in any way connected with this grant or the project for which the grant Is made, howsoever
caused, except to the extent that such claims, demands, causes of action, actions or liabilities
are the proximate result of the sole negligence or willful misconduct of the Authority or the State
of Alaska.
3. Workers' Compensation Insurance
The Grantee shall provide and maintain Workers' Compensation Insurance as required by AS
23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall
require any contractor to provide and maintain Workers' Compensation insurance for its
employees as required by AS 23.30.
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4. insurance
The Grantee is responsible for obtaining and maintaining any necessary insurance and
endorsements as defined in Appendix B Standard Provisions. Proof of insurance coverage
must be included with the first reimbursement or advance request. Continued proof of
insurance coverage must be presented with the first reimbursement or advance request of the
grantee's fiscal year for the life of the grant. Reimbursement and advance requests will not be
processed if proper documentation of insurance has not been submitted,
5. Equal Employment Opportunity (EEO)
The Grantee may not discriminate against any employee or applicant for employment because
of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in
marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place,
available to employees and applicants for employment, a notice setting out the provisions of this
paragraph.
The Grantee shall state in all solicitations or advertisements for employees to work on Authority
funded projects, that it is an Equal Opportunity Employer (EEO) and that all qualified
applications will receive consideration for employment without regard to race, religion, color,
national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy
or parenthood,
The Grantee shall include the provisions of this EEO article in every contract relating to this
Grant Agreement and shall require the inclusion of these provisions in every agreement entered
into by any of its contractors, so that those provisions will be binding upon each contractor and
subcontractor.
6. Public Purposes
The Grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to
public purposes and any project constructed or equipment or facilities acquired, shall be owned
and operated for the benefit of the general public. The Grantee shall spend monies
appropriated under this grant only for the purposes specified in the Grant Agreement. The
benefits of the Project shall be made available without regard to race, religion, color, national
origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or
parenthood.
7. Officials Not To Benefit
No member of or delegate to Congress or the Legislature, or officials or employees of the
Authority or Federal government may share any part of this agreement or any benefit to arise
from it.
8. Governing Law
This Grant Agreement Is governed by the laws of the State of Alaska. Any civil action arising
from this Agreement shall be brought in the Superior Court for the Third Judicial District of the
State of Alaska at Anchorage.
9. Compliance with Applicable Law and Funding Source Requirements
The Grantee shall comply with all applicable local, state and federal statutes, regulations,
ordinances and codes, whether or not specifically mentioned herein. Refer to Appendix B
Standard Provisions for more specific requirements.
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10. Severabllity
If any section, paragraph, clause or provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall be unaffected and enforced to the fullest extent possible,
and the invalid or unenforceable provision shall be deemed replaced with a valid and
enforceable provision that is as similar as possible to such invalid or unenforceable provision.
11. Non -waiver
The failure of either party at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement, or any
part hereof, or the right of such party thereafter to enforce each and every provision hereof.
12. Integration
This instrument and all appendices, amendments, attachments, hereto embody the entire
Agreement of the parties concerning the grant funds granted hereunder. There are no
promises, terms, conditions, or obligations regarding said funds other than those contained in
the documents described above; and such documents shall supersede all previous
communications, representations or agreements, either oral or written, between the parties
hereto. To the extent there is any conflict between the provisions of Appendix A and B the
Grantee's application or proposal, the provisions of Appendix A and B prevail.
13. Grantee Not Agent of Authority
The Grantee and any agents and employees of the Grantee act in an independent capacity and
are not officers or employees or agents of the Authority in the performance of this Grant
Agreement.
14. Disputes
Any dispute arising under this Grant Agreement which is not disposed of by mutual agreement
must be dealt with in accordance with 3 AAC 108.915,
15. Termination
a) The Grantee shall have no rights to compensation or damages for termination except
as provided in this Section.
b) In addition to all other rights available under law, the Authority may terminate this
Agreement or stop work on the Project for the convenience of the Authority or for cause
upon ten (10) days written notice.
c) "Cause" for termination shall exist when the Grantee has failed to perform under this
Agreement, has provided incorrect or misleading information or has failed to provide
infomtation which would have influenced the Authority's actions. In order for termination
to be for cause, the Grantee's failure to perform or the Grantee's provision of incorrect,
misleading, or omitted information must be material,
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Grant Award # 7910011
d) If this Agreement is terminated for cause, the Grantee shall be entitled to no
compensation. The Grantee shall reimburse the Authority for all grant funds expended
under this Agreement by the Grantee or on the Grantee's behalf including interest
accrued from the date of disbursement. The Grantee shall also reimburse the Authority
for any costs incurred to collect funds subject to reimbursement, and for any damages
incurred by the Authority as a result of the Grantee's failure to perform or provision of
incorrect or misleading information. The Authority may require the Grantee to return to
the Authority some or all of the Project assets and the fair market value of the returned
Project assets will be applied to reduce the amount of reimbursement the Grantee owes
the Authority under this subsection d.
e) If this Agreement is terminated at the sole request of the Authority for the sole reason
of its convenience, the Grantee is not required to reimburse the Authority for funds
expended prior to the date of termination. If the Grantee has incurred costs under this
agreement, the Grantee shall only be reimbursed by the Authority for eligible costs the
Grantee incurred prior to the date of termination of the Agreement. However, prior to
making any claim or demand for such reimbursement, the Grantee shall use its best
effort to reduce the amount of such reimbursement through any means legally available
to it. The Authority's reimbursement to the Grantee shall be limited to the encumbered,
unexpended amount of funds available under this Agreement.
f) If the basis for the termination of the Agreement or stop work under Section 15(b) is
capable of being cured, the Authority shall provide the Grantee thirty (30) days from the
date the termination or stop work becomes effective for the Grantee to cure the basis for
the termination or stop work. If the grantee cannot reasonably cure the basis for the
termination or stop work within this thirty (30) day period, but the Grantee promptly
undertakes and diligently pursues such cure, the cure period shall be extended to sixty
(60) days. The Authority may further extend the cure period if the grantee demonstrates
that It is prohibited from curing the basis for termination or stop work by any process,
stay or injunction Issued by any governmental authority or pursuant to any bankruptcy or
insolvency proceedings. If the Grantee cures the basis for the stop work, the stop work
will be lifted. Until the Agreement is reinstated or stop work lifted, The authority may not
disburse any amount under this Agreement to the Grantee except as otherwise
specifically provided in this section
16. Termination Due to Lack of Funding
In the event funding from the Authority, federal or other sources is withdrawn, reduced, or
limited in any way after the effective date of this agreement and prior to normal completion, the
Authority may terminate the agreement, reduce funding, or re -negotiate subject to those new
funding conditions.
17. 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 the written consent of the Executive Director or
Designee.
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Grant Award # 7910011
18. No Third Party Beneficlariss
Except as otherwise specified in this agreement, no person is a third party beneficiary of this
Agreement and this Agreement creates no third party rights. Specifically, any person who is not
a party to this Agreement shall be precluded from bringing any action asserting the liability of a
party or asserting any right against a party to this Agreement, through the terms of this
Agreement. No person, other than a party to this Agreement, may bring any action based upon
this Agreement for personal injuries, property damages, or otherwise.
19. No Additional Work or Material
No claims will be allowed for additional work, materials, or equipment, not specifically authorized
in this Grant Agreement, which are performed or furnished by the Grantee.
20. Changes
Any changes which have been agreed to by both parties will be attached and made a part of
this Grant Agreement by use of a written Amendment. Any such Amendment must be dated
and signed by Authorized Representatives of the Authority and the Grantee.
29. Right to Withhold Funds
The Authority may withhold payments under this Grant Agreement for non-compliance with any
of the provisions of this Grant Agreement.
22, Remission of Unexpended Funds
The Grantee shall return all unexpended grant monies to the Authority within 90 days of the
Project completion.
23. Tax Compliance Responsibilities of Grantee
The Grantee is responsible for determining applicable federal, state, and local tax requirements,
for complying with all applicable tax requirements, and for paying all applicable taxes. The
Authority may issue an IRS Form 1099 for Grant payments made. The Grantee shall pay all
federal, state and local taxes incurred by the Grantee and shall require the payment of all
applicable taxes by any contractor or any other persons in the performance of this Grant
Agreement.
24. Lobbying Activities
In accepting these funds, the Grantee agrees and assures that none of the funds will be used
for the purpose of lobbying activities before the United States Congress or Alaska Legislature,
No portion of these funds may be used for lobbying or propaganda purposes as prohibited in AS
37.05.321, 18 U.S.C. 1913, 31 U.S.C. 1352, or other laws as applicable.
25. Financial Management and Accounting
The Grantee shall establish and maintain a financial management and accounting system that
conforms to generally accepted accounting principles. In addition, the accounting system must
keep separate all grant funds awarded under this grant agreement.
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26. Procurement Standards
Grantees will follow competitive purchasing procedures that: 1) provide reasonable competitive
vendor selection for small dollar procurements; 2) provide for competitive bids or requests for
proposals for contracts and procurements greater than $100,000; 3) provide a justification
process for non-competitive procurements or contracts; 4) document the source selection
methods used for all contracts, equipment, or material transactions greater than $10,000; 5) and
comply with other procurement requirements as defined in Appendix B. Grantees who have
questions about their procurement procedures or a specific procurement should contact the
Authority's Grant Manager.
27. Reporting Requirements
The Grantee shall submit progress reports to the Authority according to the schedule
established in Appendix D of this Grant Agreement.
28. Ownership of Documents and Products
Except as otherwise specifically agreed, all designs, drawings, specifications, notes, artwork,
computer programs, reports and other work developed with grant funds in the performance of
this agreement are public domain and may be used by the Authority and/or public without notice
or compensation to the Grantee. The Grantee agrees not to assert any rights and not to
establish any claim under the design patent or copyright laws. Except as otherwise specifically
agreed, and without limiting any Intellectual Property requirements of a federal funding agency,
the Authority shall have unlimited rights to use and to disseminate any data produced or
delivered in the performance of the contract. For purposes of clarity, nothing in this section
precludes Grantee from using any document or product with respect to the Project or other
Grantee uses
29. Inspections and Retention of Records
The Grantee shall keep a file for financial, progress and other records relating to the
performance of the grant agreement. The file must be retained for a period of four years from
the fully executed close out of the grant agreement or until final resolution of any audit findings
claim or litigation related to the grant. The Authority may inspect, in the manner and at
reasonable times it considers appropriate, records and activities under this Grant Agreement.
30. Audits
This Grant Agreement is subject to 2 AAC 45.010 single audit regulations for State Grants. The
Grantee must comply with all provisions of 2 AAC 45.010 and any additional audit requirements
outlined in Appendix D.
Commercial (for -profit) entities shall obtain an audit by an independent auditing firm similar to a
program audit prepared under OMB A-133. The auditee and auditor shall have basically the
same responsibilities for the federal or state program as they would have for an audit of a major
program In a single audit. The expenditure threshold is $500,000 in the commercial entity's
fiscal year.
39. Legal Authority
The Grantee certifies that it possesses legal authority to accept grant funds under the State of
Alaska and to execute the Project described in this Grant Agreement by signing the Grant
Agreement document. The Grantee's relation to the Authority and the State of Alaska shall be
at all times as an independent Grantee.
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Grant Award # 7910011
32. Grant Close out
Upon completion of all work and expenditure of all grant funds related to the Project the
Authority will provide written notice to the Grantee that the Grant will be closed. The Grantee
shall sign the Notice of Project Closeout within 30 days after it Is delivered by the Authority. The
Grant will be considered closed upon receipt of the signed Notice of Project Closeout.
The Grant will be administratively closed if the Grantee fails to return the Notice of Project
Closeout within 30 days after it is delivered by the Authority. If the Grantee has a valid reason
for the Grant to remain open, they must contact the Authority in writing within 30 days.
No additional reimbursements will be made to the Grantee after the grant is closed out.
Appendix B Standard Provisions
1. Grant Funding Sources
This Grant is subject to appropriation and availability of funds as listed below:
State of Alaska $ 3,960,000 SLA-12 AR 1213100E
Local Match -- Cash 237,010 City of Seward
Total Grant Funding 14,197,010
Grantee acknowledges that if additional grant funds are made available they are subject to the
terms and conditions of this Agreement and any amendment.
The original appropriation equaled $ 4,000,000 however; the Authority will retain $40,000 for
administration of this grant -funded project. Any unused amount will be granted to the City of
Seward far the Project.
2, Governing Laws
The Grantee shall perform all aspects of this Project in compliance with all applicable state,
federal and local laws.
3. Eligible Costs
The Authority, as Grantor, shall have sole discretion to determine which project costs are
eligible to be paid from Grant monies under this agreement. Only direct costs of the Project are
eligible for payment or reimbursement from grant funds. Indirect costs are not allowed under this
grant unless approved by the Authority in Appendix E.
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4. Insurance Requirements
The following insurance requirements are in effect for this Project. Grant funds will be used to
procure Project related insurance and the Authority will work with the Grantee to ensure that
these requirements are met. Insurance will be obtained with an insurance carrier or carriers
covering injury to persons and property suffered by the State of Alaska, Alaska Energy Authority
or by a third party as a result of operations under this grant. The insurance shall provide
protection against injuries to all employees of the Project engaged in work under this grant. All
insurance policies shall be issued by insurers that (i) are authorized to transact the business of
insurance in the State of Alaska under AS 21 and (ii) have a Bests Rating of at least A-VII and
be required to notify the Authority, in writing, at least 30 days before cancellation of any
coverage or reduction In any limits of liability.
Where specific limits and coverage are shown, it is understood that they shall be the minimum
acceptable and shall not limit the Grantee's indemnity responsibility. However, costs for any
coverage in excess of specific limits of this agreement are the responsibility of the Grantee and
may not be charged to this grant agreement.
The following policies of insurance shall be maintained with the specified minimum coverage
and limits in force at all times during the performance work under this Project:
1. Workers' Compensation: as required by AS 23.30.045, for all employees engaged in work
under this Project. The coverage shall include:
a. Waiver of subrogation against the State and the Alaska Energy Authority and Employer's
Liability Protection at $500,000 each accident/each employee and $500,000
policy limit;
2: Commercial General Liability: on an occurrence policy form covering all operations under this
Project with combined single limits not less than:
a. $1,000,000 Each Occurrence;
b. $1,000,000 Personal Injury;
c. $1,000,000 General Aggregate; and
d. $1,000,000 Products -completed Operations Aggregate,
The State of Alaska and Alaska Energy Authority shall be named as an Individual
insured.
3. Automobile Liability: covering all vehicles used in Project work, with combined single limits no
less than $1,000,000 each occurrence.
All of the above insurance coverage shall be considered to be primary and non-contributory to
any other insurance carried by the State of Alaska and Alaska Energy Authority, whether self-
insurance or otherwise.
The Authority's acceptance of deficient evidence of insurance does not constitute a waiver of
Grant requirements.
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Appendix B1 Standard Provisions for General Design & Construction Grant
t. Declaration of Public Benefit
The parties acknowledge and agree that the Project shall be constructed, owned and operated
for the benefit of the general public and will not deny any person use and/or benefit of Project
facilities due to race, religion, color, national origin, age, physical handicap, sex, marital status,
changes in marital status, pregnancy or parenthood.
2. Grantee Project Manager
For construction projects, the Grantee will contract or hire competent persons to manage all
phases of the Project subject to approval of the Authority. Work at a minimum will include;
management of Grantee's labor for the project, engineering firms and consultants; procurement,
management of construction contractors, selection of equipment, review of plans and
specifications, on -site inspections and review and approval of work, and other duties to ensure
that the completed work conforms with the requirements of the grant and the construction
documents.
If the Grantee fails to provide adequate project management the Authority may terminate the
Grant or assume project management responsibilities with the concurrence of the Grantee.
Costs for a Grantee Project Manager must be reasonable to be considered an eligible grant
expense.
3. Approval to Proceed With Next Phase
A grant award may be for one or more phases of a project. The grantee must achieve
substantial completion of work or of designated grant milestones and receive approval from the
Authority prior to proceeding to the next phase of work.
4. Contracts for Engineering Services
In the event the Grantee contracts for engineering services, the Grantee will require that the
engineering firm certify that it is authorized to do business in the State of Alaska and provide
proof of licensing and insurance.
5. Site Control
If the grant Project involves the occupancy and use of real property, the Grantee assures that it
has the legal right to occupy and use such real property for the purposes of the grant, and
further that there Is legal access to such property. The Grantee is responsible for securing the
real property Interests necessary for the construction and operation of the Project, through
ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the
Authority that it has secured these real property interests.
G. Permits
It is the responsibility of the Grantee to identify and ensure that all permits required for the
construction and operation of this Project by the Federal, State, or Local governments have
been obtained unless otherwise stated in Appendix C. These permits may Include, but are not
limited to, Corps of Engineers, Environmental Protection Agency, Alaska Department of
Environmental Conservation, State Historic Preservation Office, State Fire Marshal, Alaska
Department of Natural Resources, Alaska Department of Fish and Game and Boroughs,
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7. Exclusion of Existing Environmental Hazards
Grant funds for investigation, removal, decommissioning, or remediation of existing
environmental contamination or hazards, are not allowed unless specifically specified and
approved in Appendix C.
8. Environmental Standards
The Grantee will comply with applicable environmental standards, Including without limitation
applicable laws for the prevention of pollution, management of hazardous waste, and evaluation
of environmental impacts.
9. Current Prevailing Rates of Wage and Employment Preference
To the extent required by federal and State law construction projects may require certain
grantees to include the requirements for Davis Bacon and Little Davis Bacon when contracting
for construction services. This requires contractors to pay minimum rates of pay for specific
classes of workers and provide certified payrolls to the State Department of Labor. The current
wage rates can be found at the following web sites:
The Federal wage rates at http:/Mww.wdol.aov/
The State wage rates at http://www.labor.state.ak.us/Iss/oamo600.htm
If federal funding sources require federal Davis Bacon compliance, the Grantee must use both
the Federal and State wage scale and the contractor is required to pay the higher of the State or
Federal wage scale. When only State Funds are used that requires "Little Davis Bacon," the
Grantee is only required to follow the State Rate schedule.
For projects that are only State funded, contractors are also required to use local residents
where they are available and qualified in accordance with AS 36.10.150-180, and 8 AAC 30.064
- 088.
The Grantee is responsible for identifying any other sources of project funds and for ensuring
compliance with applicable wage scales for all sources of project funding. if a Grantee believes
they or their contractors may be exempt from these requirements, they should contact the State
of Alaska Department of Labor and Workforce Development, Wage and Hour Administration, for
a determination and forward a copy of that determination to the Authority's Grant Administrator.
10. Construction Plans and Specifications Review
Prior to public notice of bidding a construction project the Grantee will provide the plans and
specifications to the Authority for review. Concurrence that the plans and specifications are
consistent with the grant award must be received before grant funds will be released for
construction related costs.
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11. Construction Insurance and Bonding
When the value of the construction is anticipated to be greater than $100,000, prier to beginning
construction on a project funded by this grant, the Grantee or grantee's contractor($) must
provide the Authority; 1) proof of adequate insurance as defined in Appendix S. #4 of the grant
agreement, and 2) either a payment and performance bond, as may be required by AS
36,25.010, a surety in form and substance acceptable to the Authority, or some other guarantee
or assurance acceptable to the Authority that the Grantee or the Grantee's contractor has the
capacity, qualifications, and financial resources necessary to complete construction of the
project as proposed in the grant or construction contract(s) funded by this grant.
12. Post Construction Certification
Upon completion of construction the Grantee will submit a final report that includes:
• Certification that all work is completed in accordance with the grant and all costs claimed
are eligible costs and represent work completed on the Project;
• Summary of total project cost including detailed funding sources and any outstanding
debt;
o Certification that there is a release of any contractor or subcontractor liens on the
project;
• Identification of any outstanding construction issues; and,
• As -built drawings.
13. Ownership of Facilities
The Grantee shall assume all liabilities arising from the ownership and operation of the Project.
Grantee will not sell, transfer, encumber, or dispose of any of its Interest in the facilities
constructed with this grant funding during the economic life of the project without prior written
approval of the Authority.
14. Operation and Maintenance of Facilities
The Grantee is required to maintain and operate the facilities defined in Appendix C of this
agreement for the economic life of the facility or the specific period of time designated herein.
In the event that the Grantee Is no longer operating the facilities for the intended purposes the
Authority may require the Grantee to reimburse the Authority an amount based on the total
contribution of the Authority, the value of the assets, and the terms and conditions of this
agreement. The Authority may require that the assets acquired under this agreement be sold
and the proceeds returned to the Authority.
15. PerformancelOperation and Maintenance (O&M) Reporting
If the grant is for Project construction, the Grantee must provide the Authority with a
Performance/O&M Report annually for five years after Project completion. The Performance/
0&M Report must include: (1) a detailed description of Project operations and maintenance
activities and issues; and (2) a detailed description of Project performance, including energy
output, estimated fuel savings resulting from the operation of the Project, and any other relevant
measures of Project performance reasonably requested by the Authority, a description of
repairs and modifications to the Project, and recommendations for improvements for similar
future projects.
Page 14 of 26
Seward Power Plant Integration
Grant Award # 7910011
The Authority may take into account the Grantee's failure to provide the required annual
Performance/O&M Report in evaluating future applications from the Grantee for grant funds.
The Authority encourages grantees to provide annual Performance/O&M reports for the life of
the Project, and may consider the Grantee's voluntary submittal of annual Performance/O&M
reports beyond the first five years in evaluating future applications from the Grantee for grant
funds.
16. Tariffs & Rates for Use of Giant -Funded Assets
Rates for power provided as a result of generation or transmission facilities built with grant funds
may be subject to review and approval by the Regulatory Commission of Alaska (RCA), or if the
rates are not subject to RCA review and approval, they may be subject to review and approval
by the Authority to ensure reasonable and appropriate public benefit from the ownership and
operation of the Project.
As a condition of the grant, Independent Power Producers will agree to sell energy resources for
electricity and heat at a cost -based rate for the economic life of the project. The Authority will
hire an independent economist to provide guidance in developing a cost -based rate for electric
sales with an appropriate rate of return on equity.
The allowable cost -based rate represents the highest rate that the Independent Power Producer
will be allowed to charge. Because the cost -based rates are a grant condition, avoided costs
rates or Public Utility Regulations Policies Act (PURPA) rates will not apply for projects which
obtain grant funding.
Application for a Certification of Public Convenience and Necessity (CPCN) is- also a grant
condition. RCA action related to the issuance of the CPCN must be completed prior to the
issuance of any construction grant funding.
17. Grant -funded Assets Not Included with PCE
The Grantee agrees that it will not include the value of facilities, equipment, services, or other
benefits received under this grant as expenses under the Power Cost Equalization Program or
as expenses on which wholesale or retail rates or any other energy tariffs are based.
Page 15 of 26
35
Seward Power Plant Integration
Grant Award # 7910011
Appendix C Grantee Proposal/Scope of work
Electric Power Systems, Inc. of Anchorage, Alaska ("EPS") was contracted by the City of
Seward (City) to assist in the development of a Conceptual Design Report ("CDR") to identify
issues and costs associated with the upgrade of the diesel power plant at the City's Fort
Raymond Substation. This grant will fund work to bring the entire generation plant to reliable
operation. The work will build incorporate the recent (2010) installation of two newly refurbished
EMD diesel generators, associated switchgear, controls and auxiliary equipment and new
generation building. Included in the work is necessary systems integration work on switch gear
and SCADA connections to implement the planned operation of the power plant within Chugach
Electric Dispatch protocols.
The Fort Raymond plant is sized to serve City's electric service area in the event of a loss of
power from the City's electric power supplier Chugach Electric Association (CEA). The City's
power plant is presently designed as an emergency standby plant for the loss of the CEA
intertie. This grant will fund selected upgrades of switchgear and power plant controls. This will
be the initial phase for fully integrating the power plant into the Railbelt generation and
transmission system. A cost estimate to fully integrate will be prepared as part of this grant.
The City has no building resources for the electric systems management, operation and
maintenance personnel or for the storage of vehicles, materials and equipment. An electric
warehouse Is planned to be constructed on City land adjacent to the Fort Raymond Substation.
Milestone 1 — Pre -design and design activities
The City of Seward will provide for design services and complete a complete design package for
the planned upgrade project, with detailed project cost estimate, that includes all project
management, quality control, and systems integration costs,
Submittal 1: A concept design report will be required, that includes a 35% project cost estimate,
and the finance plan the City of Seward plans to employ to complete the project and
commission it for operation.
Submittal 2: A complete project design package, with project cost estimate and updated
financing plan for the project that details all necessary funds will be available for construction,
with a minimum 10 percent contingency.
Milestone 2 — Construction
The City of Seward will accomplish all necessary construction services, to complete the
renovation, upgrade, switchgear, SCADA; and systems integration work. The City will
coordinate closely with Chugach Electric staff to include periodic design reviews, to include joint
review of switchgear procurement, design and systems integration.
Specific systems integration meetings will be requested by the project manager and the AEA
project manager will be notified of these times for possible attendance.
Page 18 of 26
Seward Power Plant Integration
Grant Award # 7910011
Sts
Reimbursable Tasks
Budget
rt
Dat
End
Date
Milestones
a
Deliverables
1: Pre design, Design
Au
Conceptual Design
$ 25,000
g
Dec
Conceptual Design
Report
20
2011
Report
11
Ma
Request Proposals,
r
Apr
Winning proposal
Proposal Evaluation
20
2012
12
Apr
Complete Design
Design Phase
20
201i2
Package Including
12
finance plan
2: Construction
_
Install 3 phase 69kV PT's
& associated relaying,
Protection
(This install was begun in
Jul
Jun
Components
summer 2011). Install
41,250
20
2012
firmware & software
11
updates to existing
reclosers
Relocate Unit #4 and
Remove arctic enclosures
Se
May
Unit #5 to New
& relocate Unit's 4 & 5 to
1,329,000
p
20
2012
Generation Building
new generation building.
11
SCADA control
Ma
y
Oct
Unit #3 and Unit #6
conversions to Unit #3 &
354,000
20
2012
6
12
Engineer, Procure &
Install 2 story building.
Building is scheduled to
Jan
Warehouse
Include 7000sf of
1.400.000
Sep
warehouse space on first
13
2013
floor and 3500sf of
admin/storage on 2nd
floor.
Subtotal
3,149,250
10% Engineering
3_ 14.925
Subtotal
3,464,115
20% Contingency
6 2.835
Subtotal
4,1`571010
AEA Management
40 00 E
Total
$
The original appropriation equaled $ 4,000,000 however, the Authority will retain $40,000 for administration of this granl-funded project. Any unused amourd will
be granted to the City of Seward for the Project,
Page 17 of 2e
T1 .
Seward Power Plant Integration
Grant Award # 7910011
Appendix D Project Management & Reporting Re uirements
1. Project Management
The Grantee will notify the Authority immediately of any significant organizational changes
during the term of the grant, Including changes In key personnel or tax status, any unforeseen
problem or project delay that may cause a change to the work plan or budget or that may
otherwise affect the Grantee's ability to perform Its commitments under this Grant Agreement.
Any unreported or unapproved changes to the work plan or budget evident in reports may result
in an amendment being required, costs disallowed, suspension or termination of the grant as
described in Appendix A.
Z Contact Persons
For the Grantee
For The Authority
Grant Manager
Grant Manager
Vernon Willet Jr.
Shawn Calfa, Grants Administrator
P.O. Box 167
813 W. Northern Lights Blvd.
Seward, AK 99664
Anchorage, Alaska 99503
ywillet0citvofseward.net
scalfa(dtaidea. org
907-224-4065
907-771-3031
Project Manager
Project Manager
Vernon Willet Jr.
Kirk H. Warren
P.O. Box 167
813 W. Northern Lights Blvd.
Seward, AK 99664
Anchorage, Alaska 99503
vwilletQcitvofsewa rd. net
kwarren0aldea.org
907-224-4065
907-771-3072
3. Monthly Progress and Financial Reports
The Grantee will provide monthly status reports by email (or other method allowed by the
Authority, if email is not available) to the Authority Project Manager. These reports are due
starting the first full month after the execution of this Agreement. This report must update the
Authority on the project's progress, regulatory and compliance issues, possible delays, and
grant expenditures during the month. These Monthly Progress Reports must summarize, in one
or two pages, the progress made on grant tasks during the month and identify any difficulties in
completing tasks or meeting goals or deadlines. The Grantee must also include with the report
copies of any work products due to the Authority during this period.
Reports are considered late five 5 days after the due date. No further payments will be made
without submission and approval of required reports. Work completed after the twenty -day
period when required reports have not been submitted is at the Grantee's risk, and costs
incurred may be disallowed. Repeated failure to submit reports in a timely manner could result
in suspension or termination of the grant.
Page 18 of 26
Seward Power Plant integration
Grant Award # 7910011
All reports and deliverables required in this agreement must have been submitted and approved
by the Authority prior to the final payment being released.
4. Documentation and Record Keeping
The Grantee shall maintain the following in their files:
• Grant application,
o Grant agreement and any amendments,
a All written correspondence or copies of emails relating to the Grant,
Reports, including any consultant work products,
• A separate accounting of grant income and expenditures,
o Supporting documentation for the expenditures charged to the grant (including
supporting documentation for all required matching contributions).
The Authority and any authorized federal representative may inspect, in the manner and at any
reasonable time either considers appropriate, the Grantee's facilities, records, and activities
funded by this Grant Agreement.
Appendix E Project Budget & Reimbursement Provisions
1. Allowable Costs
Allowable costs under this grant include all reasonable and ordinary costs for direct labor &
benefits, travel, equipment, supplies, contractual services, construction services, and other
direct costs identified and approved in the Project budget that are necessary for and incurred as
a direct result of the Project and consistent with the requirements noted In Appendix 8 3 Eligible
Costs.
A cost is reasonable and ordinary if, in its nature and amount, it does not exceed that which
would be incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the costs.
Allowable costs are only those costs that are directly related to activities authorized by the Grant
Agreement and necessary for the Project. The categories of costs and additional limits or
restrictions are listed below:
a. Direct Labor & Benefits
Include salaries, wages, and employee benefits of the Grantee's employees for that portion
of those costs attributable to the time actually devoted by each employee to, and necessary
for the Project. Direct labor costs do not include bonuses, stock options, other payments
above base compensation and employee benefits, severance payments or other termination
allowances paid to the Grantee's employees.
b. Travel, Meals, or Per Diem
Include reasonable travel expenses necessary for the Project. These include necessary
transportation and meal expenses or per diem of Grantee employees for which expenses
the employees are reimbursed under the Grantee's standard written operating practice for
travel and per diem or the current State of Alaska Administrative Manual for employee
travel.
Page 18 of 26
Seward Power Plant integration
Grant Award # 7910011
c. Equipment
Include costs of acquiring, transporting, leasing, Installing, operating, and maintaining
equipment necessary for the Project, including sales and use taxes.
Subject to prior approval by the Authority Project Manager, costs or expenses necessary to
repair or replace equipment damage or losses incurred in performance of work under the
grant may be allowed. However, damage or losses that result from the Grantee's
employees, officer's, or contractor's gross negligence, willful misconduct, or criminal conduct
will not be allowed.
d. Supplies
Include costs of material, office expenses, communications, computers, and supplies
purchased or leased by the Grantee necessary for the Project.
e. Contractual services
Include the Grantee's cost of contract services necessary for the Project. Services may
include costs of contract feasibility studies, project management services, engineering and
design, environmental studies, field studies, and surveys for the project as well as costs
incurred to comply with ecological, environmental, and health and safety laws.
f. Construction Services
For construction projects this includes the Grantee's cost for construction contracts, labor,
equipment, materials, insurance, bonding, and transportation necessary for the Project.
Work performed by the Grantee's employees during construction may be budgeted under
direct labor and benefits. Contracted project management or engineering may be budgeted
under contractual services and major equipment purchases made by the Grantee may be
budgeted under equipment.
g. Other Direct Costs
In addition to the above the following expenses necessary for the Project may be allowed.
• Net insurance premiums paid for insurance required for the grant Project;
Costs of permits and licenses for the grant Project;
® Non -litigation legal costs for the Project directly relating to the activities; in this
paragraph, "non -litigation legal costs" includes expenses for the Grantee's legal staff and
outside legal counsel performing non -litigation legal services;
• Office lease/rental payments;
o Other direct costs for the Project directly relating to the activities and identified in the
grant documents; and/or
® Land or other real property or reasonable and ordinary costs related to interests in land
including easements, right-of-ways, or other defined interests.
Page 20 of 26
Seward Power Plant Integration
Grant Award # 7910011
2. Specific Expenditures not allowed
Ineligible expenditures include costs for overhead, lobbying, entertainment , alcohol, litigation,
payments for civil or criminal restitutlon, judgments, interest on judgments, penalties, fines,
costs not necessary for and directly related to the grant Project, or any costs incurred before the
beginning date of the grant as indicated on the signature page.
Overhead costs described in this section include:
• salaries, wages, applicable employee benefits, and business -related expenses of the
Grantee's employees performing functions not directly related to the grant Project;
• office and other expenses not directly related to the grant Project; and
• costs and expenses of administration, accounting, human resources, training, property
and income taxes, entertainment, self-insurance, and warehousing,
3. Match
The Grantee is required to provide $ 49�, 4,102 in match for this Project.
4, Cost Share Match Requirements
Cost sharing or matching is that portion of the Project costs not borne by the Authority. The
Authority will accept all contributions, including cash and In -kind, as part of the Grantees' cost
sharing or matching when such contributions meet the following criteria:
• Are provided for in the Project budget;
• Are verifiable from the Grantee's records;
• Are not included as contributions for another state or federally assisted project or
program; (The same funds cannot be counted as match for more than one program.)
• Are necessary and reasonable for proper and efficient accomplishment of the Project or
program objectives;
• Are allowable costs;
• Are not paid by the State or federal government under another award, except for
authorized by the State or federal statute to be used for cost sharing or matching;
• Must be incurred within the grant eligible time period.
5. Valuing in -Kind Support as Match
If the Grantee chooses to use in -kind support as part of or its entire match, the values of those
contributions must be approved by the Authority at the time the budget is approved. The values
will be determined as follows;
® The value of real property will be the current fair market value as determined by an
independent third party or a valuation that is mutually agreed to by the Authority and the
Grantee and approved in the grant budget.
• The value assessed to Grantee equipment or supplies will not exceed the fair market
value of the equipment or supplies at the time the grant is approved or amended.
Page 21 of26
�1
Seward Power Plant Integration
Grant Award # 7910011
• Equipment usage will be valued based on approved usage rates that are determined in
accordance with the usual accounting policies of the recipient or the rates for equipment
that would be charged if procured through a competitive process. Rates paid will not
exceed the fair market value of the equipment if purchased.
• Rates for donated personal services will be based on rates paid for similar work and skill
level in the recipient's organization. If the required skills are not found in the recipient
organization, rates will be based on rates paid for similar work in the labor market.
Fringe benefits that are reasonable, allowable, and allocable may be included in the
valuation.
• Transportation and lodging provided by the Grantee for non -local labor will not exceed
the commercial rates that may be available within the community or region.
6. Grant Disbursements
The Grantee must request disbursement of grant funds in the form and format required by the
Authority with appropriate back-up documentation and certifications. (See Attachment 1)
Reimbursements are made for actual costs incurred and must be for approved milestones. The
back-up documentation must demonstrate the total costs incurred are allowable, and reflect the
amount being billed. Documentation must include:
• A ledger summarizing cost being billed
• A summary of direct labor costs supported by timesheets or other valid time record to
document proof of payment
• Travel and per diem reimbursement documentation
• Contractor or vendor pay requests
• Invoices
• Detailed ledger of costs being charged to this grant
Payment of grant funds will be subject to the Grantee complying with its matching contribution
requirements of the Grant.
Payment of grant funds will be made by the Authority to the Grantee within 30 days from receipt
of a properly completed, supported, and certified Reimbursement Request (See Attachment 1).
7. Withholdings of Grant Funds
If, upon review of the monthly billings, the Authority discovers errors or omissions in the billings
it will notify the Grantee within thirty (30) days of receipt of the billing. Payment for the portion of
billings for which there Is an error or omission may be withheld pending clarification by Grantee.
Grant funds may be withheld for the following reasons:
• The Grantee fails to provide adequate back-up documentation.
• The Authority determines that a specific expense is not allowed under the grant.
• The Grantee's matching contribution requirements are not met.
Up to 10% of the Authority's contribution of grant funds may be retained by the Authority until
the Project is completed and all required final documentation and reports are received and
accepted by the Authority.
Page 22 of 26
Seward Power Plant ►ntegratlon
Grant Award # 7910011
8. Advance Disbursements
In most instances, payments to a Grantee will be made on a cost reimbursable basis. If the
Authority determines that cost reimbursement will significantly inhibit the Grantee's ability to
perform the Project and determines that an advance is in the public interest, the Authority may
recommend an advance to the Grantee of an amount not to exceed a projected thirty (30) day
cash need, or twenty percent (20%) of the grant amount, whichever amount is less.
Before the Authority will issue an advance, the Grantee must provide in writing, and the
Authority must approve a "Request for Advance Payment" form which includes:
a, justification of the need for the advance,
b. documentation of anticipated line item costs associated with the advance.
All advances will be recovered with the Grantee's next Financial/Progress Report form. Should
earned payments during the terms of this Grant Agreement be insufficient to recover the full
amount of the advance, the Grantee will repay the unrecovered amount to the Authority when
requested to do so by the Authority, or at termination of the Grant Agreement.
9. Unexpended Grant Funds and Interest Earned
Any grant funds not expended under this agreement and any interest accruing on the grant
funds belong to the Authority and shall be returned to the Authority.
10, Budget Adjustments and Changes
When a Grantee faces increased unbudgeted costs, the grantee should contact the Authority
Project Manager. Budget adjustments �n t increase the grant award amount. Cost overruns
that may require reduced scope of work will require Authority approval and an amendment to
the grant. If a budget adjustment or other changes Indicate to the Authority Project Manager
that the project cannot be completed as currently planned and budgeted for, the Authority
Project Manager will not approve the release of additional grant funds until the grantee provides
sufficient information on how the grantee intends to complete the revised project.
Budget Adiustments
The Grantee shall identify budget changes on its Financial Reports submitted to the Authority.
At least quarterly, the Authority will compare actual costs to budgeted distributions based on the
Financial Report/Request for Reimbursement form. Costs charged to grant funds must reflect
adjustments made as a result of the activity actually performed. The budget estimates or other
distribution percentages must be revised at least quarterly, if necessary, to reflect changed
circumstances.
Page 23 of 26
u�
Seward Power Plant Integration
Grant Award # 7910011
Attachment 1 Financial ReportlRequest for Reimbursement Form
THIS REQUEST IS FOR FINAL PAYMENT
Grantee: City of Seward
Period: to
Project: Seward Power Plant Integration
Grant Number: 7910011
BUDGET SUMMARY
A I8
C
D-B+C
ENA-D
TOTAL 13RANT
BUDGET
PRIOR
EXPENDITURES
EXPENDITURES
THIS PERIOD
TOTAL
EXPENDITURES
GRANT
BALANCE
BY TASK OR MILESTONE
Design
$ 26,000
Protection Components
41,250
Unit03 and Unit#6
364,000
Relocate unit #4 and Unit #5
1,329,000
Office Warehouse
1,400,000
10% Engineering
314,926
20% contingency
692,835
AEA administrative fee
40.000*
TOTAL
$1 7.034
By BUDGET CATEGORIES
Direct Labor and Benefits
Travel
Equipment
Materials & Supplies
Contractual Services
Construction Services
TOTAL
BY FUND SOURCES
Grant Funds
$ 3,960,000
Grantee Match —Cash
23Z.010
TOTAL
$ 4.197.010
• The original appropriation equaled $ 4,01)0,000 however, the Authority will retain $40,000 for adminlatratlon of this grant funded proleel. Any unused amount will
be granted to the City of Seward for the Protect
FICATION
Form requires two original signatures. The person certifying must be different from the person preparing the report.
One signature should be the authorized representative of the Grantee organization or highest ranking officer; the
other should be the person who prepared the report
I certify to the best of my knowledge and belief that the information reported on both the Financial Report
above and the attached Progress Report are correct. In addition, funds were spent and work performed in
accordance with the grant agreement terms and conditions.
Certified By:
Printed Name:
Prepared By:
Printed Name:
Title: Date: Title: Date:
Page 24 of 26
Seward Power Plant Integration
Grant Award # 7910011
Attachment Z Progress Report Form
Grantee: City of Seward
Project Name: Seward Power Plant Integration
Grant # 7910011
Period of Report: I to
Project Activities Completed:
Existing or Potential Problems:
Activities Targeted for Next Reporting Period:
Prepared By: bate:
Page 25 of 26
�As
Seward Power Plant Integration
Grant Award # 7910011
Attachment 3 Notioe of Project Closeout
NOTICE OF PROJECT CLOSEOUT
ALASKA ENERGY AUTHORITY
Project Name: Seward Power Plant Integration
Grantee: City of Seward
Grant Number: 7910011
The Alaska Energy Authority certifies and acknowledges that the Grant referenced above has
been completed, and that all tasks have been satisfactorily carried out in accordance with the
terms and conditions of Agreement Number: 7910011.
Project Manager Date
Alaska Energy Authority
The City of Seward certifies that the Grant named above is complete in accordance with the
terms and conditions of Alaska Energy Authority Agreement Number: 7910011.
The City of Seward also certifies that, we have been reimbursed for all eligible expenses
pertaining to 7910011, and that as of the date of signature, no further reimbursements will be
requested for any activity related to the Grant identified above.
Pursuant to Appendix 131 #15 'Performance/Operation and Maintenance (O&M) Reporting', the
grantee is required to provide detailed reports annually, for five years.
Authorized Signature Title
Printed Name
Page 26 of 26
Date
1A6
Sponsored by: City Clerk
Introduction Date: June 11, 2012
Public Hearing Date: June 25, 2012
Enactment Date: June 25, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED
VOTERS AT THE OCTOBER 2, 2012 REGULAR MUNICIPAL
ELECTION TO ESTABLISH LOCAL FORMS AND GUIDELINES FOR
FINANCIAL DISCLOSURE FOR ELECTED AND APPOINTED
OFFICIALS AND EXEMPTING ELECTED AND APPOINTED
OFFICIALS FROM THE STATE OF ALASKA PUBLIC OFFICIAL
FINANCIAL DISCLOSURE LAW (ALASKA STATUTE 39.50)
WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure
and reporting of financial and business interests of public officials, which includes municipal
elected and appointed officials; and
WHEREAS, the Seward Mayor, City Council, Planning and Zoning Commission, and
the City Manager are required to file financial disclosure statements as required by the State of
Alaska AS 39.50; and
WHEREAS, in 2007, the State of Alaska amended its Public Official Financial
Disclosure Law in a manner that significantly increases the burden on local public officials, and
has created a hardship for keeping and recruiting municipal elected and appointed officials in our
community; and
WHEREAS, with the exception of one meeting in 2009, the Planning and Zoning
Commission has not had a full commission since June of 2007 and currently has only the
minimum number of members required to hold meetings; and
WHEREAS, a substantial amendment to the form included having to report any income
over $1,000 in exact amounts and to disclose employer names and addresses, as opposed to the
original form which required reporting any income over $5,000 with no dollar amount specified
and employer names only to be listed; and
WHEREAS, the Alaska Public Official Financial Disclosure statutes (Alaska Statutes
Chapter 39.50) authorize municipalities to "opt -out" of the state law by a majority vote at a
regular or special municipal election; and many of Alaska's 100+ communities have elected to
"opt -out" of the state system; and
WHEREAS, the City Council believes it is the public's right to know the financial and
business interests of the persons who seek and hold public office; and
WHEREAS, the City Council desires to establish local forms and provisions relating to
disclosure of business and financial interests substantially similar to the forms established by the
Alaska Public Offices Commission prior its 2007 amendment; and
14-1
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012-006
WHEREAS, this change will protect the citizens of Seward from the influence of
undisclosed private or business interests and permit public access to information necessary to
judge the credentials and performance of those who seek and hold public office, while allowing
certain rights of privacy for our citizens seeking to hold public office; and
WHEREAS, on June 5, 2012, the Seward Planning and Zoning Commission approved
Resolution 2012-008, supporting Council bringing this issue forward to the voters at the next
regular election; and
WHEREAS, the City Council wishes this issue be placed on the ballot, in substantial
form as shown below, for voter approval at the October 2, 2012 municipal election.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. Municipal Officers of the City of Seward, consisting of the Mayor, City
Council Members, Planning and Zoning Commissioners, and the City Manager shall be exempt
from Alaska Statute 39.50, State of Alaska Public Official Financial Disclosure Law, if approved
by the voters.
Section 2. Following voter approval, these municipal officers shall instead be required
to complete a financial disclosure statement form that is substantially similar to the forms
established by the Alaska Public Offices Commission prior to its 2007 amendment, as prescribed
and approved by the City Council by means of resolution.
Section 3. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified
voters at the October 2, 2012 regular municipal election in substantially the following form:
PROPOSITION NO. 1
ESTABLISHING AND ADOPTING A FINANCIAL DISCLOSURE FORM AND
GUIDELINES FOR THE CITY OF SEWARD AND EXEMPTING MUNICIPAL OFFICIALS
FROM THE REQUIREMENT OF STATE FINANCIAL DISCLOSURE LAWS
Shall the City of Seward establish and adopt its own financial disclosure form and provisions for
the Mayor, City Council, Planning and Zoning Commission, and the City Manager by requiring
substantially the same information as the Alaska Public Offices Commission required prior to
2007, and be exempt from Alaska Statute 39.50, the Alaska Public Officials Financial Disclosure
Law?
YES: NO:
A "YES" vote would allow the City of Seward to create and adopt its own financial disclosure
statement form for public official disclosure using a statement substantially similar to the State of
Alaska Public Official Financial Disclosure Statement used prior to 2007 and exempt the City of
Seward from Alaska Statute 39.50 (State of Alaska Public Official Financial Disclosure Law)
reporting requirements.
Mm
F110.4
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012-006
A "NO" vote would continue to require the City of Seward remain subject to Alaska Statute
39.50 (State of Alaska Public Official Financial Disclosure Law), relating to financial disclosure,
without local control.
Section 4. Proposition No. 1 shall be published in the same manner as the notice of the
October 2, 2012 municipal election.
Section 5. Proposition No. 1 shall become effective upon approval by a majority of the
qualified voters at the October 2, 2012 municipal election, as provided in Section 14.7 of the
Charter of the City of Seward.
Section 6. This ordinance shall take effect ten (10) days following enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 25`" day of June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
Council Agenda Statement
Meeting Date: June 11, 2012
To: Mayor Seaward, City Council
From: Johanna Kinney, City Clerk
Agenda Item: APOC Financial Disclosure Form Ballot
Proposition
BACKGROUND & JUSTIFICATION:
Since APOC financial disclosure form requirements were amended in 2007, the city has fielded
numerous complaints from elected officials, board and commission members, and `would be' public
candidates, that the new requirements are too intrusive, could be posted on the internet, contain too
much vital information that may promote identity theft, and gives unfair advantages to the
competitors for candidates' businesses.
A business owner informing potential clients that they have to disclose their personal information on
the APOC financial disclosure forms, could discourage that client from doing business with that
owner, just because the business owner has volunteered to be on the city council, board or
commission. The City of Seward has seen one resignation from the Seward Planning & Zoning
Commission, with more threatening to follow. With the exception of one meeting in 2009, the
Planning and Zoning Commission has not had a full commission since June of 2007 and is currently
operating under a minimum number of four commissioners. Several potential candidates have
declined volunteering after seeing these forms.
The new forms require a potential elected or appointed official to list all funds received over $1,000
in the exact dollar amount. Every member must also complete "exit" applications. Municipalities of
a certain size are required to post these statements on the internet; however, the laws currently do not
require a municipality the size of Seward to post at this time.
These new requirements have created a hardship for our town to appoint good qualified volunteers
for our council and boards and commissions. AS 39.50.145 states;
"A municipality may exempt its municipal officers from the requirements of this
chapter if a majority of the voters voting on the question at a regular election, as
defined by AS 29.71.800(20), or a special municipality -wide election, vote to
exempt its municipal officers from the requirements of this chapter. The question
of exemption from the requirements of this chapter may be submitted by the city
council or borough assembly by ordinance or by initiative election"
IS0
• The Alaska Municipal League (AML) passed Resolution 2008-15 on November 9, 2007,
which asked the state legislature to address these amendments, based on the fact elected and
appointed bodies were having difficulties finding candidates, and that the financial reporting
requirements were compounding that problem. In 2008, Kathie Wasserman, Director of
AML, stated she had spoken with State Legislators, APOC board members and the Attorney
General, but none of them were willing to relax these rules because of the current political
atmosphere within the state. Wasserman was positive nothing would be done this legislative
session, and urged people to contact their legislators about this problem.
• Around half of Alaska's 100+ communities have already voted to be exempt from state
disclosure requirements.
Although it has been rumored and spoke of above, of having these forms available on the internet,
but only to cities with populations of 5,000 or less, this could not be substantiated by press time.
The ordinance presented would ask the voters to opt out of the current APOC disclosure
requirements and put this question on the ballot for October, 2012. You may also decide what the
city's requirements for disclosure should be to prevent conflicts of interest, to help assure the
integrity of the decision -making process, and to assist holding our public officials accountable. If
approved by the voters, a local disclosure form could be instituted later to provide adequate
safeguards for the public, while expanding the proof of eligible Seward residents available to provide
public service.
INTENT: To receive formal direction from the City Council to put this issue to voters in October so
the City can continue to elect and appoint municipal officials, while still protecting the public from
the influence of undisclosed private or business interests, by establishing our own guidelines that are
not as intrusive as the state requirements of AS 39.50.
CONSISTENCY CHECKLIST:
Yes
No
N/A
1.
Comprehensive Plan (document source here):
X
2.
Strategic Plan (document source here):
X
3.
Other (list):
• AS 39.50.145 (referenced above)
X
FISCAL NOTE:
Possibility of city funds could be expended by a later ordinance if the City Council desires to "lobby"
for this proposition.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Enact Non -Code Ordinance 2012-006, submitting a proposition to the qualified voters at the October
2, 2012 regular municipal election to exempt City of Seward elected and appointed officials from the
requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for financial
disclosure.
CITY OF SEWARD
PUBLIC OFFICIAL FINANCIAL DISCLOSURE STATEMENT
BACKGROUND INFORMATION
1. This report is for candidates and existing members of: the City Manager, the Mayor, the Seward City
Council, and the Seward Planning & Zoning Commission.
2. This report is for the preceding calendar year, so include any information about financial
interests held between January and December.
3. You must show your financial interests and those held by your spouse, or dependent
children during the preceding calendar year. NOTE: Municipal officers are not required to disclose
information about their domestic partner.
4. This form takes the place of the Alaska Public Official Financial Disclosure Form in AS 39.50, per approval
to exempt by the voters on October 2, 2012. Candidates and Elected Officials must still follow the state
election campaign laws of AS 15.13.
5. SIGN THIS REPORT ON THE LAST PAGE
NAME:
OCCUPATION:
MAILING ADDRESS:
(Current
Fax Number
E-Mail Address
(City/Town and Zip; Code)
OFFICE HELD OR SOUGHT (CHECK ONE): City Manager ❑ City Council ❑ P&Z ❑
TERM OF OFFICE: From to
TITLE:
TYPE OF STATEMENT (CHECK C
❑ CANDIDATE STATEMENT
❑ INITIAL STATEMENT';
❑ ANNUAL STATEMENT
SPOUSE OR DOMESTIC PARTNER:
DEPENDENT CHILDREN:
Must be filed with your declaration of candidacy
For newly appointed municipal officials
Due by April 15
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Pa e 1
e-Z,
SCHEDULE A
SOURCES OF INCOME OVER $5,000
Salaried Employment If NONE reportable, check box -a ❑
Report the name of each employer who paid you, your spouse, domestic partner or dependent children more than
$5,000 during the preceding calendar year.
Name of filer, spouse, domestic partner, or child:
Employer's Name:
Name of filer, spouse, domestic partner, or child:
Employer's Name:
Name of filer, spouse, domestic partner, or child:
Employer's Name:
Name of filer, spouse, domestic partner, or child:
Employer's Name:
Self -Employment If NONE reportable, check box --> L
List the name and address of each self-employment business that was a source of income of more than $5,000 for
you, your spouse, domestic partner or dependent child during the preceding calendar year.
If the business is non -retail, list the first and last name of each client or customer who paid the business
over $5,000.
Self-employment includes: sole proprietor, partnership, limited, liability company, shareholder in a professional
corporation; or if you held '(individually or with another family member) more than 50% of the stock in a
corporation.
Name of filer, spouse, domestic partner,
Business Name:
child:
Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.)
Name of client/customer:
Name of filer, spouse, domestic partner, or child:
Business Name:
Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.)
Name of client/customer:
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED, USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 2
SA
Ma go 101111W11
SOURCES Or INCOME OVER $5,000
Rental Income If NONE reportable, check box -+ ❑
List the first and last name of each tenant from whom over $5,000 was received during the preceding calendar year.
If property is located outside Alaska and managed by a person other than you, your spouse, domestic partner or
dependent child, you may list the managing agent instead of listing each tenant.
Owner (filer, spouse, domestic partner, or child)
Dividends and Interest
Tenant(s)
If NONE; reportable, check box
Report the name of the source of all dividends, interest and capital gains over $5,000 earned during the preceding
calendar year such as Dean Witter Money Market Acct. or CDs in ABC Bank.
• List the name(s) of the asset(s) (not in a retirement account) which paid you, your spouse, domestic partner or
child dividends, interest or capital gains of more than $5,000 last year such as IBM stock or Cordova Municipal
Bonds.
• (ReDort the assets of a retirement account or trust on page 6)
Recipient (filer, spouse, domestic partner, or
Other Income
List each source of income over $5,000 not liste
assistance, workman's compensation, unemploy
retirement; the name of the person who paid alit
shared living expenses.
Recipient (filer, spouse, domestic partner, or c
Name of Source of Income
If NONE reportable, check box -*
elsewhere on this statement, including income from public
ent, the name of the buyer of real property; social security;
)ny or child support; government entitlements; honoraria and
Name of Source
Recipient (filer, spouse, domestic partner or child) NAME Vr scUU UL
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY, CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page3
SCHEDULE B
BUSINESS INTERESTS
Business Interests If NONE reportable, check box —> ❑
Report all business interests even if they were not sources of income to you, your spouse, domestic partner, or
dependent child during the preceding calendar year:
• List ownership interests of more than $5,000 as a shareholder in publicly traded stocks, that are not listed
elsewhere on this form. (A list of the names of publicly traded stocks such as IBM or Intel may be listed by
name only on a separate page.)
• List ownership interests in non -publicly traded companies such as a sole proprietor, shareholder, owner,
partner, officer, or director including ownership interests in native corporations.
• List interests in limited liability companies
• List director or officer position in profit and non-profit organizations.
Describe the business activity with sufficient detail to tell a reader what the organization actually does.
Name of filer, spouse, domestic partner, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
Name of filer, spouse, domestic partner, or child
Business Name:
Business Address
Nature of Interest:
Description of Busines
Name of filer, spouse,
Business Name:
Business Address:
Nature of Interest:
ac;pa
r child:
Description of Business's Activity:
Name of filer, spouse, domestic partner, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY, CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS I5 A PUBLIC DOCUMENT.
Page 4
36
SCHEDULE C
REAL PROPERTY INTERESTS/RENT TO OWN
Real Property Interests If NONE reportable, check box —+ Lj
Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant,
recreational, business property or limited partnerships including real estate interests held in an LLC; or held
through a trust or sold during the preceding calendar year.
Include a street address, city and state or complete legal description for each piece of property listed. Do not use
mile post markers or post offices boxes.
Use copies of this page if you need additional space to complete this section
Name of filer, spouse, domestic partner, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold)
Name of filer, spouse, domestic partner, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy,, Ownership, Leasehold)
Name of filer, spouse, domestic partner, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold)
Name of filer, spouse, domestic partner, or child:
Street Address or Legal Description:'
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold)
Name of filer, spouse, domestic partner, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold)
Current Use (Optional)
Current Use (Optional)
Current Use (Optional)
Current Use (Optional)
Current Use (Optional)
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 5
5-1
SCHEDULED
BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS
Exceeding $5,000
Trusts & Retirement Accounts If NONE reportable, check box --> L
Report each beneficial interest in a trust or retirement account held by you, your spouse, domestic partner or
dependent children that exceeded $5,000 during the preceding calendar year. Retirement accounts include
employee benefit accounts (pension and profit-sharing accounts), and retirement accounts (IRA, 401K,
SEP^or Keogh). Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts,
CD's, real property:
• Name the trustor (the person or employe who provided the funds or assets for the trust or retirement
account).
• If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton
Growth Fund.
Name of filer, spouse or domestic partner, or child:
Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of
bonds. mutual funds or other assets contained in the retirement account or trust
Name of filer, spouse or domestic partner, or child:
Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
Name of filer, spouse or domestic partner, or child:
Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK `NONE." THIS IS A PUBLIC DOCUMENT.
Page 6
Jli
SCHEDULE E
LOANS, LOAN GUARANTEES, AND DEBTS
OF $5,000 OR MORE
Loan Guarantees, and Debts
NATURAL RESOURCE LEASES
If NONE reportable, check box -->
Report the name of each creditor or lender to whom more than $5,000 was owed during the preceding calendar
year by you, your spouse, domestic partner, or dependent children.
List financial obligations including mortgages on property sold during the preceding calendar year; loans that have
been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans;
business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured,
unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts.
Circle whether the entity is a lender, creditor or guarantor.
Name of Debtor (filer, spouse, domestic partner or child)
Name of Debtor (filer, spouse domestic partner or child)
Name of Debtor (filer, spouse, domestic partner or child)
Name of Debtor (filer, spouse, domestic partner or child)'
Name of Debtor (filer, spo
Name of Debtor (filer, spouse, dome
Natural Resource Leases
partner or child)
partner or child)
Name of Lender/Creditor/Guarantor
Name of Lender/Creditor/Guarantor
Name of Lender/Creditor/Guarantor
Name of Lender/Creditor/Guarantor
Name of Lender/Creditor/Guarantor
Name of Lender/Creditor/Guarantor
If NONE reportable, check box -->
List all naturalresource leases, including mineral, timber, or oil leases bid held or offered during the preceding
calendar year. Report this information for yourself, your spouse, domestic partner or dependent child who was a
sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you
or your family members listed above (or a combination of them) held a controlling interest.
Leaseholder
Indicate: Bid, held or offer made
Leaseholder
Indicate: Bid, held or offer made
Nature of Lease
Identity of Lease and Description
Nature of Lease
Identity of Lease and Description
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 7
5"A
SCHEDULE F
GOVERNMENT CONTRACTS AND LEASES
Contracts and Offers to Contract
CERTIFICATION
If NONE reportable, check box —>
List all contracts and offers to contract with the state or instrumentality of the state or a municipality during the
preceding calendar year held, bid or offered. Report this information for yourself, your spouse, domestic partner
or, dependent children who was a sole proprietor, a partnership or professional corporation of which you are a
member; or a corporation in which you or your family members listed above (or a combination of them) held a
controlling interest.
Name(s) of Contractor
Indicate: Bid, held or offer made
Name(s) of Contractor
Indicate: Bid, held or offer made
I certify under penalty of perjury that the:
correct and complete. A person who mat
is guilty of perjury.
SIGNATURE
Contracting Agency/Department
Contract number and description
Contracting Agency/Department
Contract number and description
CERTIFICATION
ormation in this Statement is, to the best of my knowledge, true,
a false sworncertification which he or she does not believe to be true
DATE
Printed Name of Filer Place
WHERE TO FILE THIS STATEMENT
MUNICIPAL OFFICIALS AND CANDIDATES - File this statements with the City Clerk's Office in the
jurisdiction where you hold or seek office. This statement will be kept on file for six (6) years, which is the state
recommended records retention schedule for this document.
City of Seward
ATTN: City Clerk's Office
410 Adams Street
P.O. Box 167
Seward, Alaska 99664
Phone 907 224-4046
Fax 907 224-4038
clerk@cityofseward.net
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 8
k)b
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2012-08
(as amended)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION, ,OF
THE CITY OF SEWARD, ALASKA, SUPPORTING A COUNCIL
RECOMMENDATION TO PLACE A PROPOSITION BEFORE THE
QUALIFIED VOTERS AT THE OCTOBER 2, 2012 REGULAR MUNICIPAL
ELECTION TO ESTABLISH LOCAL FORMS AND GUIDELINES FOR
FINANCIAL DISCLOSURE FOR ELECTED AND APPOINTED OFFICIALS
AND EXEMPTING ELECTED AND APPOINTED OFFICIALS FROM THE
STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW
(ALASKA STATUTE 39.50)
WHEREAS, the Alaska Public Officials Commission (APOC) financial disclosure forms
have become unreasonable which hascreated a hardship for keeping and recruiting municipal elected
and appointed official in our community; and
WHEREAS, unreasonable disclosure requirements have a chilling effect on the willingness
of qualified persons to exercise the right to seek or hold public office; and
WHEREAS, the City Council and the Planning and Zoning Commission support the public's
right to know the financial and business interest of the persons who seek and hold public offices; and
WHEREAS, the Planning and Zoning Commission has not had a full Commission since the
creation of the new reporting forms were established in 2007; and
WHEREAS, the Planning and Zoning Commission and the City Council have discussed this
issue at public work session over the last several years and as recently as March 28 and May 14,
2012; and
WHEREAS the City Council and the Planning and Zoning Commission desire to establish
adequate local provisions relating to disclosure of business and financial interests and conflicts of
interest; and
WHEREAS, more than 100 of Alaska's communities have opted to be exempt from the
Public Official Financial Disclosure Law with no apparent ramifications; and
WHEREAS, the decreasing number of those who are willing to participate in public service
will be a significant detriment to the citizens of Seward; and
L�
Seward Planning and Zoning Commission
Resolution 2012-08
Page 2 of 2
WHEREAS, the Planning and Zoning Commission supports the option to exempt municipal
officials from the Alaska Public Officials Commission (APOC) financial disclosure law and
establishing local guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission supports the City Council recommendation to place before the
qualified votes a proposition to exempt municipal officials from the Alaska Public Officials
Commission (APOC) financial disclosure law and establishing local guidelines.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5`h day
of June 2012.
AYES:
Morgan, Butts, Ecklund, Roach'
NOES_
None
ABSENT:
None
ABSTAIN:
None
VACANT:
Three
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
loz,
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING THE 2012 VOLUNTEER FIRE ASSISTANCE (VFA)
GRANT IN THE AMOUNT OF $12,066.30 AND AUTHORIZING THE 10%
MATCHING FUNDS OF $1,206.63 AND APPROPRIATING FUNDS
WHEREAS, The Seward Volunteer Fire Department applied for and was awarded a
Volunteer Fire Assistance (VFA) grant from the Department of Natural Resources in the amount of
$12,066.30; and
WHEREAS, the City is required to provide a ten percent cash match, which means the City
will spend $1,206.63 in local funds as a condition of the grant, and these funds have been identified
within the 2012 Fire Department budget; and
WHEREAS, the grant must be used for purchasing equipment as identified in the grant
application (including: fire hose, positive pressure vent fan, 3-way valved manifold, float -a -pump
and remote area lighting) for a total project value of $13,272.93; and
WHEREAS, these purchases will better equip the Fire Department to continue providing
the firefighters with maximum protection and interoperability while protecting the lives and property
of the citizens of Seward, and will fulfill our commitment to the Department of Natural Resources
through our mutual aid agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The 2012 Volunteer Fire Assistance (VFA) grant award in the amount of
$12,066.30 is hereby accepted and appropriated to Account No. 101-1221 along with the required
cash match of $1,206.63. The Volunteer Fire Assistance Grant project will be coded to 101-1221-
5460-0000.
Section 2. The $13,272.93 purchase will consist of: XL800 Double Jacket Fire Hose,
Positive Pressure Vent Fan, 3-Way Valved Manifold, High Pressure Float -A -Pump and Pelican
Remote Area Lighting for firefighting, as stated on the grant request.
Section 3. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION 2012-039
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 Vh day of
June, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
LA
Council Agenda Statement
Meeting Date: June 11, 2012
Through: City Manager Jim Hunt
From: Fire Chief David Squires
Agenda Item: 2012 Volunteer Fire Assistance Grant Award
BACKGROUND & JUSTIFICATION:
The Seward Fire Department applied for and been awarded a Volunteer Fire Assistance (AFG) grant from the
Department of Natural Resources, in the amount of $12,066.30. The City is required to provide a 10 percent
cash match, in the amount of $ 1,206.63 in local funds as a condition of the grant. The total project value is
$13,272.93. The grant funds must be used for purchasing equipment identified in the grant application. This
year grant items will include fire hose, a positive pressure vent fan, 3 way valve manifold, float a pump and
remote lighting. These purchases will better equip the Seward Fire Department in our continuing goal of
providing maximum protection possible to the protection of the lives and property of the citizens of Seward,
and to fulfill our commitment to the Department of Natural Resources through our mutual aid agreement.
With the high cost of new wildland firefighting equipment, the Seward Fire Department continues to seek
funding for equipment. The US Forest Service grants are an annual grant, pending legislative funding. We are
fortunate to have these grants to help the rural fire departments, and intend to apply as they are available.
Upgrading our equipment will be an ongoing process.
INTENT: Council accept the Volunteer Fire Assistance grant and appropriate funds for the purchase of
firefighting and safety equipment.
CONSISTENCY CHECKLIST:
Yes
No
N/A
1.
Comprehensive Plan (document source here): Volume I -page 14
X
2.
Strategic Plan (document source here): page 19
X
3.
Other (list): 2012 Budget
X
FISCAL NOTE:
The 2012 Volunteer Fire Assistance Grant award in the amount of $ 12,066.30 will be appropriated to the
Volunteer Account 101-1221 along with the required cash match of $1,206.63 to be expended for the Volunteer
Fire Assistance Grant project code of 101-1221-5460-0000.
Approved by Finance Department: �6�
ATTORNEY REVIEW: Yes No X
RECOMMENDATION: 1
City Council approves Resolution 2012- accepting and appropriating the Volunteer Fire Assistance (VFA)
grant in the amount of $ 12,066.30 to 101-1221-5460 Fire Department Small Tools and Equipment for purchase
of wildland firefighting equipment.
(0 5
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF FORESTRY
May 17, 2012
Seward Fire Department
P.O. Box 167
Seward, AK 99664
Attn: David Squires
Certified Mail:
Dear Chief Squires,
SEAM PARNELL, GOVERNOR
42499 STERLING HIGHWAY
SOLDOTNA, ALASKA 99669
PHONE: (907) 260-4200
FAX: (907) 260-4205
Congratulations, your fire department has been awarded a grant through the 2012 Volunteer Fire Assistance program.
Your grant will total $12,066.30 and is a 109'o match. This means that you will have to spend a total of $1,206.63 in
local matching funds as a condition of your grant. The VFA grant check is enclosed and must be cashed within 90 days
or it will become void.
I have also included a copy of the VFA Criteria sheet for your reference. If you have any questions or if you need
additional information on documentation required to complete the grant process you can contact me at the number
listed below. Please send me copies of the receipts for documentation purposes as soon as the purchasing has been
completed, so that I can keep current records. Documentation for purchases made under these funds will need to be
sent back to me prior to January 31, 2013, in order to be eligible for next year's VFA grant application submittal.
Again, congratulations on being successful In receiving this year's VFA grant funding. Through interagency cooperation
and local community effort, we can significantly reduce the impacts of wildfire here in Alaska. I look forward to
working with you and the members of your fire department.
Sincerely,
4LWA4A-iQ-_
Howard J. K6t
Fire Management Officer
Kenai/Kodiak Area Office
42499 Sterling Highway
Soldotna, AK 99669
907-260-4220
This is an award of Federal Financial Assistance and as such is subject to the Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State, Local and Indian Tribal Governments; OMB Circular A-102 (Grants and
Cooperative Agreements with State and Local governments) as Implemented by USDA regulation 7 CFR Part 3016
(Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments); and
OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations) as implemented by USDA
regulation 7 CFR 3052. The OMB Circulars are available on the internet at www.whitehouse.goy/omlgrants.
Electronic copies of the CFR's can be obtained at the following Internet site: www.gpoaccess.gov/cfr/". if you are
unable to retrieve these regulations electronically, please contact Arlene Weber -Sword at (907)269-8471.
Enclosure
"Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans."
ce; U
Volunteer Fire Assistance Criteria
1) Public Law 95-313, Sec. 7; requires a 50% - 50% matching share, up to a limit of $22,500.00.
However a limit of $20,000.00 per fire department has been imposed by Forestry so that more fire
departments will have the opportunity to participate. Forestry will also provide match of funds up
to 90% with 10% of the total project cost matched by the fire department, Local matching
funds must be available and documented when application is made. Please furnish the
appropriate documentation of matching funds with your application. Failure to provide
this documentation will be grounds for disqualiircation.
2) Fire department service areas must be less than 10,000 in population and the department must
be registered with the Alaska State Fire Marshall.
3) Fire departments are required to be current on past VFA grants in order to be eligible for this
year's program.
4) VFA grant funding cannot be used for the following:
a. Repair, construction or purchase of buildings.
b. Land acquisition
c. Pressurized waterlines and hydrants
d. Emergency medical equipment
e. Any equipment not fire related
f. Normal operating expenses (salaries, utilities, fuel etc.)
g. Footware/boots
h. Any single item costing $4,999.00 or more (including shipping)
5) Applications will receive a higher rating if one or more of the following conditions are met:
a. Fire departments have a cooperating agreement with the Alaska Division of Forestry,
Department of Interior Agency, or the USDA Forest Service to attack wildland fires within
their service area
b. Newly established (less than 12 months), State Fire Marshall approved fire departments.
c. Fire departments that have not previously received VFA funding
d. Purchase of equipment especially used on wildland fires, such as portable pumps, fold -a -
tanks, hose, communications equipment, etc.
e. Applications requesting training (documented, either structural or wildland)
f. Documented match exceeds 10%.
6) For matching purposes up to $2,000.00 worth of in -kind services may be used by the Fire
Departments in lieu of copies of invoices and cancelled checks. In -kind services can be unpaid
attendance at fire protection training courses and/or workshops, at the equivalent pay rate of
EFF-3 or attendance at fire protection training courses and/or workshops at the employee's
normal Fire Department pay rate, if the employee is a paid employee of the Department.
Documentation will consist of a roster of the course or workshop, title and brief description, date,
employee's names in attendance and signature, hours and total equivalent of pay (at current
EFF-3 pay rate). For 2011 the EFF 3 pay rate was $15.45 per hour. The rate for 2012 has not
been established yet but may be slightly higher than the 2011 rate.
Questions may be directed to the Fire Management Officer at your nearest Forestry Office.
Sy` ..... �%,sALASKA DIVISION ()IF .FORESTRY
KENAI - KODIAK AREA
o �
Howie Kent
Fire Manaeement Officer
42499 Sterling Highway (907) 260.4220 Voice
Soldotna, AK 99669 (907) 394-2606 Cell
Email: howard.keni@alaska.gov (907) 260-4205 Fax
6-1
2012 Volunteer Fire Assistance and Rural Fire Assistance Grant Application
Application Period: December 15, 2011- March 15, 2012
Late, incomplete or illegible applications will not be considered
List below in order of priority. how you plan to ananti !ha %IVe , .# !j „ . k; a..1,__
Priority
- _ --
Type of Assistance
Requested
- -..- ...- . .. •-,•. __... q.,,,,,,,If
Item
Total Cost
�. muacneo aaa4monai pages it need(
Matching Share
(10% minimum)
(New Department„ Training, Fire
Equipment, Fire Prevention,
Wildland supplies, PPE etc.
2
=�� 7-)u P kE!� --QZO USN
ECG u
3
--
�1_�� �C.�lF.. r'11�N_►'
3-way Vr�c.y� Ma�ii~�c,t
L�17��
t
ri �,��
Fib-
6
-
Add additional sheets if needed
Grant Funding Requested (Total cost minus 10% fire department match share) $ 1-2— C) �C . 30
Are matching funds or appropriate matching activities available as of this date?
Yes [Z No ❑ Is match documentation attached? Yes Z No ❑
�Assurances-Non Construction & Certifications attached? Yes ® No ❑
The funding amounts available through the VFA program is limited. There are often more requests than
funding available. Due to this limitation some requests may go unfilled, others may receive an amount less
than requested, and some will get the full amount requested. VFA funding is dependant on receipt of
federal funds and is not guaranteed.
I AM A DULY APPOINTED OFFICAL OF THE NAMED DEPARTMENT AND CERTIFY THAT THE ABOVE
TEMENTS ARE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
PA
�► ''" i
Signature Date
"Printed Name & Title Fire Department
7.I
2
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A ONE YEAR CONTRACT FOR $556,000.00
WITH THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO
PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND
HOUSING PRISONERS CHARGED AND/OR SENTENCED UNDER
ALASKA STATUTES
WHEREAS, the City of Seward has received a proposed one year contract from the State of
Alaska for the operation of the Seward Community Jail; and
WHEREAS, the contract amount for the City of Seward is $556,000.00, an increase of
$22,790.00 from the 2011 contract, to operate the Seward Community Jail in accordance with the
attached contract from July 1, 2012 through June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby authorizes the City Manager to enter into a one
year contract for $556,000.00 with the State of Alaska, Department of Corrections, to provide for
operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska
Statutes.
Section 2. The City Council hereby instructs Administration to continue lobbying for
additional state funding of the Seward Community Jail such that the local tax payers are not asked to
subsidize the cost of operating the jail for state -related offenses.
Section 3. This resolution shall take effect immediately upon its adoption.
0
CITY OF SEWARD, ALASKA
RESOLUTION 2012-040
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I I1h day of
June, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
-Ji3
Council Agenda Statement
Meeting Date: June 11`h, 2012
To: Jim Hunt, City Manager
From: Tom Clemons Chief of Police
Agenda Item: Renewal of Jail Contract between the Department
of Corrections and the City of Seward
BACKGROUND & JUSTIFICATION:
The City of Seward has entered into contracts with the Department of Corrections for many years
and this renewal is being presented for adoption. The State of Alaska will pay the City of Seward
$556,000.00 to operate the Seward community Jail in accordance with the conditions set forth in the
attached contact. This contract will be in force from July 1, 2012 through June 30, 2013.
INTENT: To authorize the City Manager to renew the Jail Contract between the City of Seward and
the Department of Corrections.
CONSISTENCY CHECKLIST:
Yes
No
NA
1
Comprehensive Plan: (document source here): (Page 14) Public
X
Safet
_
_
2
Strategic Plan (document source here): (Page 18) Promote a Safe
Community
X
_
3
Other (list):
FISCAL NOTE: The City of Seward will receive the sum of $556,000.00 from the State of Alaska
for this contract. This is an increase in the amount of $22,790.00 from the previous year.
Approved by Finance Department: J
ATTORNEY REVIEW: Yes No— X
RECOMMENDATION:
Recommend approval of Resolution 2012- N" authoring a contact between the City of Seward and
the State of Alaska, Department of Corrections that provides for the City of Seward to operate the
Seward Community jail, and house prisoners charged and/or sentenced under Alaska Statutes, The
State will pay the City $556,000.00 to provide the service.
-�l
STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES
l .
1. Agency Contract Number f !, ASPS Number 3. t tnatir-ist .Coding 14. Agency Assigned Encumbrance
2031010 206f365Q0-`t59[15-7690.0611-73076 1 2031010
5. Vendor Number 5. ProieclfCase Number ?. Alaska BusinessL1rense Numl4er
GOS84266 Community Jail Seward net applicable
---
b.._et_--_ween ..-.___...S the t
_'*ate ot,e-..*o- Afms_..-_.__ka, _......____.___
This cbritracfis f
8. Department of Dtvislor,
Corrections !Probation and Parole
9 contractor
City of Seward, Police Deoartrrient
herea"to the Stale and
hee after the Contractor
Mailing Address Street or P.O. Box city State ZIP+4'
PO Sox 167 410 Adams St. Seward AK 99664
.d
ARTICLE 1. Appendices: Appe^dices referred to in this confrart and attacked to it are r..cnSirinrrtt part of it.
ARTICLE2. Performance of Service:
2 1 Appendix A (General Provisions). Articles I. through 14. governs the performance of services under this contract
7•—A yc�r�t;ix f3 Mtn fut�#�-a?�r iiatsitit/..aw ins ra+tce p�vic iet�t of it s earztraet: See Appendix C for indemnity and insurance related
language.
2.3 Appendix C sets forth the .services to be performed by she contractor.
ARTICLE 3. Period of Performance: The period Laf performance for this Contract' begins _July 1., 2012 and
endf. June 30,2013
ARTICLE 4_ Considerations:
, 1 In full consideration of the contractor's performance under this contract. the State shall pay the contractor a slim not to exceed
_ 556,000.00i _ in accordance with the provisions of Appendix I).
42 When hiliuig the State, the contractor shall refer to life Authority Number or the Agency Contract Number ai d send the billing to:
,1 Department of Aftentirn MviCinn r>f
Corrections Administrative Services, Accounting
_........ _. .
Mailing Address Attention:
PO Box 112000. Juneau, AK 99811-2000 Devra Hayes (ph. 907-465-3478)
12. CONTRACTOR
j P1tr x Cf f'irar
City of Seward
�grlafur8 o`'i'1��rd FYeprescr,i,..trv<. � f3dte
"ypeti pr Printe,f dame of :�:.,fhnrzc�cf aepresentative
James Hunt
iitte
City Manager (ph. 907-224-4047; fax 907-224-8480)
13. CaiVTRACTt�}G ACf~NCY
EiP:j,i r rnenI;D:1Yisior' 'Date
r
Corrections ; Probation & Parole
..__.... ... ... __............. _....
_....._.....__. �_......__........___._
14. CERTIFICATION: t certify that the facts herr:,in and on supporting
documents are correct, that this voucher constitutes a iegal ch?rge
against funds and appropriations cited, that svf icient funds are
encumbered to pay this obligation, or that there is a sufficient balance
in the appropriation cited to cover this obligation, I am aware that to
knowingly make~ or allow false entries or alterations on a aublic j
record, or knowingly destroy, mutilate, suppress, conceal, remove or
otherwise impair tali verity. iegibility or availability of a public record':
constitutes tampering with public records punishable under AS
11,56,815-:820. Other disciplinary action may be taken up to and
including dismissal.
i
Sr nature rf Mead of Gontrac', y r : er; v or Desionre [3at8
_ .
Sigr'rahuv s Uro eet :J' rc:trit Typed of Printed Name
Jahn Schauviecker CPPB, G.RM
f}r Et1 i' Print` Name Pc Title
(tile
Ron Taylor Procurement Manager
Tier i t7ept. of Corrections
Director. probation & parole (ph. 907-269-7367) {�Jutteau Procurement Section
v _ ......._ ___..
NOTICI-: This contract has no affect until sigrig(i by the head of contracting agency Aar desrrine
02-W3 (11103102) —1 :), SAF.i7GC:
DEPARTMENT OF CORRECTIONS
Division of Administrative Sel vices
Dear Contractor.
Sk'.41V AIRNELL, (70FERNOR
RFP1. YTO:
11-0, BOX 112000
JImeau, Alaska 998 11-2000
I elephone (907) 46543399
Fax Phone (907) 465-2006
IM a v ) 6 0 12
Please find attacked the Communitylail Contract for FYI 3. The Department of Corrections has
identified below changes that were made to the contract langtiage In(t the reasons for the
changes.
Appendix C., Section 2, State Agreement: The revision was an effort to provide more detailed
language that Coniniunity Jails could contract with other state agencies fol offier services if
needed.
Appendix ( , S.b: Deleted the last sentence. The last %entence lwas redundant, The intent of this
section is to allow DOC to send prisoners from other areas of the state to local jail facilities if
they have extra beds.
Appendix C .5.G: I'Mcted tills item it, its evitifetv aild replaced with the State. of Alaska's standard
Appendix 13 1 1.11rigITAge from RiA Management. be previois langtiage was, Contrary to Aloska,
S(Mc Law,
Appendix C.6.a: The phrase "transport to the off -site medical facility and" was added to this
paragraph. This language was added to clean tip the language and remove any anibigniltics-
rchaiing to transt.lortirig prisoners for off -site medical care. 'file intent of (his langliagc is to
c-1cariv staic tile City or Borough was responsible -for tnarisporting prisoners Por tiff -site Tnedical
care and to also hinit these transport dutles, to medical transports.
Appeiidix C,6x,4: llie reference to "paragraph C.71.d" was deleted. The original paragraph
C.7.d was deleted and in its stead, paraV.-aph C.7.c, was re -numbered to become the current
paragn-apIl (7,7,d
Appendix C-7a: Deleted tile phrases "of prisoners" rand "When the prisoners are outside ofthe
p)ij Eacility, other thein porstiant to court -ordered release" anti added the Phrases "-fior medical care
provided , and "as required by paragrat*L 6(a)". 'I"hwa
s as changed to e Ckv clearly state the: or
Borough Wn.,; respollsihic For trrinsporting prisoners for off site rnedical careand Io illso 1111111
these tarlsport (Voiles to lyledical trlllsports.
Aippead-iA & ((2): Tliis section was, dcletedand the former C-7x- was re-rikinibered
"I"his was deleted becatisc there was no reason fi)r this provision to be included in the
I'lienvinnerinwhich is LIP
to DO(" .41(1 is not necessanify limited to the Department of Public Safety.
as . of 2
Appendix C-8-, Added Electronic Monitoring option. This section was added to allov City and
Borough's the option to use electronic monitoring if they chose too.
Appendix D2: This was deleted in its entirety. The Appendix D2 spreadsheet had
inconsistencies and therefore was removed.
If you have any questions, please don't hesitatc to contact me at
the n-unibers referenced above or
by email.
Sincerely,
Jotu-. SchauNvecker CTP13, C.P.M.
Procurement Manager
Cc: Kevin Worley
Leslie Houston
Jol-in Bodick
Billy Houser
R.on'faylor
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'I
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAILS SERVICES
July 1, 2012 through June 30,2013
Appendix C
General Terms
Parties
The parties to this contract are the Alaska Department of Corrections, and the Borough/City of
Seward, herein referred to as the "Borough/City,'.
1. Services
Provide short-term community jail confinement of persons held under State law.
This is a contract for the Borough/City to operate a jail facility and hold prisoners in accordance with
this contract and The Standards for Jail Operations adopted by the Governor's Task Force on
Community Jails (November 18, 1994 edition), hereafter referred to as "The Standards".
The Standards and the final report of the Govemor's Task Force are attached as Appendix E to this
c-ontract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter
13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any
legal proceeding to establish a "duty of care", or evidence of a Legal duty to any person or entity.
Rather, these standards were and are intended:
as a staternent of professional goals to be achieved;
to promote recognition of needed improvements, both as to facilities and operations:
to promote efficiency: and
to encourage professionalism in the operations of Alaska jails.
As used in this contract. "community jail administrator" has the meaning given in Chapter 13 of The
Standards.
As used In this contract, "prisoner" has the meaning given in AS 33.30.901(12), and specifically
excludes persons detained under authority of AS 47. This contract allows the Borough/City to hold
persons detained under AS 47 in its jail facility, however the Department is authorized to. and will
not, compensate the Borough/City for any direct or indirect costs related as AS 47 detainees,
including medical or transportation costs,
2. Sole Agreement
This contract is the sole agreement between the parties relating to jail services, There are no other
agreements, express or implied. This contract represents the Department's sole obligation for
payment for the care and custody of prisoners held at the Seward Community Jail participating in
the Community Jails Program during the term of the contract. It is the intention of the parties that no
other surns will be billed to or owed by the Department for Jail services.
3. Effective Date/Termination/Amendments
This contract is effective July 1, 2012 and continues in force through June 30, 2013 except that
it may be terminated by either party upon ninety (90) days written notice from the terminating party.
2031010 3 Seward Community Jail
—140
Contract amendments can be incorporated through appendices or attachments mutually agreed
upon and signed by both parties.
4. Responsibilities of the }parties
General Responsibilities of the BorougN'City
The Borough/City Shall
a. Operate a facility for the care and confinement of prisoners in accordance with this
contract and with goals set out in The Standards, including any additions or deletions
to The Standards by the Commissioner of Corrections following notice to all
community jail administrators and an opportunity to comment.
b. Comply with the U.S. Civil fights Act of 1964. as amended (P.L. 88-35-42 USC
secs. 2000e-2 and 20OOe-3) and Federal regulations implementing the act in the
hiring and treatment of its employees and will not subject any prisoner to
discrimination on the grounds of race, creed, color, religion, national origin, sex.
C. Permit reasonable visitation for prisoners as set out in The Standards. A record or
log of all prisoner visitors will be kept indicating date, time and identity of each visitor.
d. Protect prisoner property by taking proper precautions and providing the necessary
policies and procedures to protect the property from loss or destruction.
e. Not accept a prisoner into the facility under this contract if the person is unconscious
or in immediate steed of medical attention, and shall not be entitled to reimbursement
for immediate medical services provided to such a person. The Borough/City shall
provide necessary medical care for prisoners accepted into the facility under this
contract, and shall be entitled to reimbursement by the Department for the. cost of
such carp;, per Section C6 of this contract.
f. immediately notify the Department of Corrections, the nearest post of the Alaska
State Troopers, and any police agencies in the general vicinity of the jail facility if a
prisoner escapes or leaves the premises of the facility without authority. The
Borough/City shalt make every reasonable effort to return the. prisoner to the facility
without cost to the Department of Corrections; as long as there are reasonable
grounds to believe the prisoner is within the Borough/City limits.
9, Adopt and enforce rules concerning smoking by prisoners and staff consistent with
State statutes and regulations, keeping in mind the health and welfare of all
prisoners and staff personnel.
h. Maintain prisoner records showing the prisoner's time served, the date and time (fie
prisoner was booked in, the date and time of changes to custody, notations about the
prisoner's institutional adjustment, and records of medical and dental treatment.
These prisoner records must be in a prisoner's file when they are transferred from
the community jail facility to another state correctional facility.
i. immediately, but, in no event more than 24 hours following receipt of notice, report to
the Department of Corrections all claims concerning the jail facility that could
foreseeably affect the legal liability of either party to this contract and cooperate with
the Department of Corrections in the defense andfor- settlement of the claim.
Purchase and maintain to force at all times during the performance of services under
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Seward Community Jail
this agreement the policies of insurance listed in the contact. Where specific limits
are shown, it is understood that they shall be the minirnum acceptable limits. if the
Borough's/City's policy contains higher limits. the State shall be entitled to coverage
to the extent of such higher limits. "
k. Provide current certificates of insurance to the Department of Corrections prior to the
performance of services under this contract and shall provide for a 30-day prior
notice of cancellation, non -renewal or material change to any insurance policy.
Failure to furnish satisfiactory evidence of insurance or lapse of the policy is a
material breach and grounds for termination of the Borough/City's services.
Provide and maintain Worker's Compensation Insurance as required by
AS 23.30,0445 for all employees engaged in work under this contract. The
Borougtz/City shall be responsible for insuring that any subcontractor who directly or
indirectly provides services trader this contract will maintain Worker's Compensation
insurance. Coverage must include all states in which employees are engaging in
work and must include employer's liability protection of not less than $100,000.00 per
person and $100,000.00 per Occurrence.
m. Provide and maintain comprehensive general liability insurance, with a combined
single limit per occurrence of not less than $1,000,000.00 covering activities
associated with or arising out of this contract, to include jail keeper's legal liability
coverage. The State shall be added as an additional insured under such policies.
The Borough/City shall be solely responsible for the payment of claims or losses to
the extent they fall within the deductible amount of such insurance. This insurance
shall be primary to any other insurance or self insurance carried by the State.
n. Provide and maintain comprehensive automobile Liability insurance, covering all
owned, hired and non -owned vehicles used during the provision of services under
this contract with coverage limits not less than $100,000.00'per person, $300,000,00
per occurrence bodily injury and $50,000.00 property damage.
o. The community jail must use an accounting system that records all expenditures on
an ongoing basis and must provide a record of these expenditures to the oversight
agency on a quarterly basis in a format prescribed by the oversight agency.
P. The community jail must prepare and present an annual budget request thai reflects
the necessary resources required for facility operations. Budget requests will be
prepared in the manner and detail prescribed by the oversight agency. The annual
budget request will include a staffing plan showing in detail staff assignments and the
number of full and part-time positions.
q. Annual budget request for fiscal year 2013 is due to the Department's state
community jail administrator on October 15, 2012.
r. Annual budget request for fiscal year 2014 is due to the state community jail
administrator on October 1, 2012 for inclusion in the annual Oepartment of
Corrections' fiscal year 2014 operating appropriations request.
S. By October 1, 2012, the community jail administrator,must provide their request for
the fiscal year 2014 capital project request. Failure to meet this deadline may result
in no capital project request for fiscal year 2014.
t. Quarterly financial reports are due to the state community jail administrator on the
following dates:
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0
Seward Community Jail
July,.. September 2012 — quarterly and year-to-date financial staternent due on
October 31, 2012
October — December 2012 — quarterly and year-to-date financial statement due on
January 31, 2013
January March 2013 — quarterly and year-to-date financial staternent due on ADO
30,2013
April — June 2013 — quarterly financial and year-to-date financial statement due on
July 31, 2013
u. Provide a monthly accounting of prisoner statistics by the 150' day of the month following
the monthly period covered on forms provided by the Department Of Corrections. The
forms shall include specific information on each prisoner housed during the reporting
period to include the prisoner's name, the number of man -days, the charge or reason for
incarceration, the dates of incarceration, the arresting agency and other information as
requested on the forms.
"Man -day" indicates a prisoner was confined for more than four (4) hours in one
twenty-four hour calendar day. If a prisoner had been confined for less than or equal
to (4) hours in one calendar day, the accounting shall indicate one-half man -day.
v. Not operate furlough or release programs for presentenced prisoners held, unless
ordered by a court. The Borbugh/City shall not permit a furlough or release for any
sentenced prisoners without the consent of the Department of Corrections.
W. Community Jails accessing the Agency's Alaska Corrections Offender Management
System (ACOMS) will require all jail personnel using the ACOMS System to undergo a
DOC security check. The Community Jail Administrator will submit the following
information for each person accessing the ACOMS System for security review by DOC:
Full name
(2) Residence address
(3) Telephone
(4) Date of birth
(5) Valid drivers license and State Of Issue, or other photo identification
(6) Social Security number
The Jail Administrator, with assistance from the Community Jail Coordinator, will
develop Policy and Procedures for monitoring jail staff to ensure system security,
confidentiality and the use of the ACOMS System only for Community Jail business.
The Jail Administrator will immediately notify the Community Jail Coordinator if jail
staff with access to the ACOMS System leave their employment.
Community Jails will be responsible for ongoing telecommunications costs such as
line charges, connection fees and internet set -vice provider fees.. etc.
.. . ....... . .. ..........
2031010 0 Seward Comtmm_Unfty Jail
5. General Responsibilities of the Department of Corrections
The Department of Corrections shall:
Reimburse the Borough/Cityfor necessary medical cafe under section C6 of this
Contract.
Not be responsible for the management of local jail facility prisoner population. It is
the policy of the Department of Corrections to detain and confine only prisoners frorn
the normally serviced region of the respective facilities. However, sr; the case of an
emergency or for necessary population or security management purposes, prisoners
may be transferred from other areas of the State.
C. The Contractor shall indemnify, hold -harmless, and defend the contracting agency
from and against any claim of, or liability for error, omission or negligent act of the
Contractor under this agreement. The Contractor shall not be required to indemnify
the contracting agency for a claim of, or liability for, the independent negligence of
the contracting agency. If there is a claim of, or liability for, the joint negligent error or
omission of the Contractor and the independent negligence of the Contracting
agency, the indemnification and hold harmless obligation shall be apportioned on a
comparative fault basis. "Contractor" and "Contracting agency", as used within this
and the following article, include the employees, agents and other contractors who
are directly responsible, respectively, to each. The term "independent negligence" is
negligence other than in the Contracting agency's selection, administration,
monitoring, or controlling of the Contractor and in approving or accepting the
Contractor's work.
Be permitted to inspect, at all reasonable times, any facility used by the Borough/City
to house prisoners that are confined, in order to determine if that facility is complying
with The Standards and with this agreement.
e. Provide on -going technical assistance and training for community jails requesting
access to ACOMS. The Department of Corrections will conduct security checks, with
information provided by the Jai) Administrator, for all jail staff requesting access to
ACOMS. All related telecommunications charges (Such as telephone company lilies
fees or tolls and internet service provider fees, or special charges for initial line
installation) will be the responsibility of the community jail
6. Medical and Dental Care and Reimbursement
The Borough/City shall:
a. Provide necessary rri edical care to prisoners accepted into the community jail facility
under this contract. Prisoners who require medical attention are to be provided
treatment as soon as possible, taking into consideration the nature of the illness or
injury. If medical care Is provided outside of the jail facility, the community jail
administrator shall provide transport to the off -site medical facility and necessary
security as required by paragraph 7aof this contract.
As used in this contract, "necessary medical care" has the meaning given in Chapter
13 of The Standards. If requirements of this definition are otherwise met, the
following are included Within the term "necessary medical care" and subject to
reimbursement
11)
k psychological or psychiatric care: and
2031010
M'Sts
Seward Community Jail
(2) dental care to:
r. control bleeding:
relieve pain:
iii. eliminate acute infection;
iv. prevent:pulp decay and imminent loss of teeth through operative
procedures; and
V. treat injuries to teeth or repair supporting dental structures,
Caused by accident or injury.
b. Maintain control of and dispense medicine% to prisoners in compliance with The
Standards and directions specified by a physician or other qualified health care
provider, and take reasonable steps to guard against misuse or overdose of
medicines by prisoners.
Adopt emergency medical procedures and make available telephone numbers for
medical, psychiatric, or other health services, so that staff will have ready access to
such information.
d. Obtain approval from the Department before incurring liability for medical care which
reimbursement is sought, except in the case of emergency care that must be
provided to the prisoner before approval from the Department of Corrections can be
obtained. The Borough/City shall. make a reasonable effort to obtain approval from
the Department of Corrections and shall promptly, but in no event later than the next
working business day, notify the Department of Corrections of any emergency for
which medical care Was provided before such approval could be obtained. Approval
from the Department of Corrections will not be unreasonably withheld.
To obtain approval Borough/City staff should contact the Department of Corrections
Central Office during normal working hours Monday through Frlday8-00am to
4:30pm at (907) 269-7300, after hours, weekends and holidays contact the
Anchorage Correctional Complex Medical Unit at (907) 269-4233.
e. Be entitled to reimbursement from the Department of Corrections for expenses of
necessary medical care provided under paragraph 6a and approved Linder
paragraph 8d. In applying for reimbursement, the BorOUghlCity must follow the
procedure set out in paragraph 6f. The Borough/City will not be entitled to
reimbursement for the hiring of emergency guards or other medically related Security
costs, or for medical care for persons
(1) held under the authority of AS 47,
(2 accepted into the facility while unconscious or in immediate need of medical
attention,
(3) receiving medical services for elective, cosmetic or other medical services
that are not necessary medical care, or
Medical services provided to. prisoners who have been properly accepted into the
Borough./City jail facilities under this contract shalf not, however, be challenged by
the Department merely because they were rendered immediately or shortly after the
prisoner was accepted.
Request reimbursement by submitting to the Department of Corrections a properly
certified accounting containing:
200311,010
SE„t�rard Community Jail
a
(11 a copy of the medical bill with the prisoner's name and a description of tile,
services rendered,
(2) a copy of the monthly booking form showing the prisoner's date and time of
booking, and
(3) a copy of the medical payment request form.
The community jail administrator will make reasonable effort and take appropriate
steps to assure that the Department of Corrections is billed only for necessary and
required medical services beyond the payment limits of the prisoner or any insurance
carrier or other third -party payer,
7, Transfers and Transportation of Prisoners
The parties agree that:
a. The Borough/City shall provide transportation, and supervision for medical care
provided within local boundaries as required by paragraph 6(a). Supervision must
bo adequate to prevent escapes, prevent inappropriate contact with others, prevent
possession of contraband and -provide security for the prisoner and the public.
b, The Borough/City shall immediately notify the Department to request that a prisoner
be transferred from the facility to one outside of local boundaries because;
(1) a court has ordered the transportation;
(2) the prisoner has been incarcerated in the facility for 30 consecutive days., unless
a court has ordered that the prisoner remain In the facility or the prisoner has
signed a written waiver requesting to remain in the facility; or
(3) the community jail administrator believes a transfer is necessary for security or
population management reasons.
C. The Borough/City shall continue to hold prisoners, notwithstanding the existence of
grounds for a transfer, until the Department arranges transportation for the prisoner.
d. The City shall, when the prisoner leaves the facility, furnish the transporting officer
with the prisoner's file described in paragraph 4h of this agreement.
8. Electronic Monitoring
The f3orough/City has the option to use electronic monitoring. If the Borough/City is
interested in electronic monitoring, please contact DOC to coordinate 8
memorandum of agreement and utilization of the DOC 31, Inc, Electronic Monitoring
contract.
20310440 e w a r d C 0 M M L V) R Y ,la,
RN
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAIL SERVICES
July 1, 2012 through June 30, 2013
Appendix b
Payment Provisions
1. The total contract amount for the Borough/City of'Seward is $556,000,00 for the period from
July 1, 2012 through June 30., 2013 and represents the total payment due. 14 Beds
2. It is specifically agreed by the parties that the Department of Corrections is not funded for
and will not provide annual in-service training as set out in Section 10.01 of The Standards,
unless funding is provided by the Alaska Legislature or the City.
3. The City shalt be prohibited from utilizingfunds received under this contract for any purpose
other than operation of community jail facility. Any funds received by the City under this
contract that are utilized for purposes other than those authorized by this contract shall be
reimbursed to the State and deposited to the general fund.
G:tiC'antr�tCty:r-Y'13it�omrnc;,5ity �ai!sttyt3 con!r�ctsi5r..+,ard•n.doc
10 Se,�varc7 Cgrnmurity, ail
Appendix List:
A General Provisions
9---- See Appendix Cfor indemnity and insurance related
language
C General Terms
D Payment Provisions
E State, ofAlaska, Community Jails Progpenn: Standards for Jail Operation
Asproduced and adopted bythe Governor's Task Force onCommunity Jails,
November1Q94
2031010 11 Seward Corn rr. unity Jail
City ofSeward, Alaska City Council Minutes
May 14, 2012 Volume 38 Pale
CALL TO ORDER
The May 14, 2012 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Lt. Louis Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson
Vanta Shafer
Bob Valdatta
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Absent — None
Christy Terry
Marianna Keil
Ristine Casagranda
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Beverly Dunham announced that the kick-off celebration for the Seward Incorporation
Centennial would start on Tuesday, May 29, 2012 at 6:30 p.m. in Council Chambers with a cake and
beverages for the public. On June 1, 2012 there would be an evening gathering for all past mayors,
council members and the public at 6:00 p.m. at the Seward Library/Museum. There would be several
more events to be announced that would be held throughout the year.
Tim McDonald reminded council to consider the foreclosure property on the agenda from a
multi -use perspective.
Henry Krokoff asked for a status on the possibility of bringing in Liquid Natural Gas to
Seward.
Tom Tougas spoke regarding the Alaska Energy Authority grant on the agenda. He was
concerned that the project had escalated in costs and wanted council to look into the accuracy and
breadth of the information they had been given to work with. He requested that council not pass the
resolution on the agenda tonight until they had a long-range plan.
�S
City of Seward, Alaska City Council Minutes
May 14, 2012 volume 38 Pale
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda
Bardarson pulled the Resolution 2012-028 from the consent agenda.
Terry pulled Ordinance 2012-002 from the consent agenda in order to discuss the laydown
version substitution.
Casagranda pulled Non -Code Ordinance 2012-005 from the consent agenda.
Bardarson asked to put Resolution 2012-029 onto the consent agenda. Casagranda objected
because she had some questions.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
The April 23, 2012 City Council Regular Meeting Minutes were approved.
There was a non -objection to the Brewpub Liquor License #5123 and approval of the Restaurant
Eating Place with a Restaurant Designation Permit #5152 for Seward Brewing Co.
Council scheduled a work session to discuss the audit results on Monday, June 11, 2012 at 6:00 p.m.
Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To
Change, Update And Accommodate The Wishes Of The Public (Referred To The Planning
And Zoning Commission). (Introduced and set for Public Hearing and Enactment on May 29,
2012).
Ordinance 2012-003, Rezoning Lots 15 And 16, Block 8, Original Townsite Of Seward From
Auto Commercial (AC) To Central Business District (CBD); And Lots 26,27 And 28, Block 8,
Original Townsite, From Multi Family (R3) To Central Business District (CBD)). (Introduced
and set for Public Hearing and Enactment on May 29, 2012).
Non -Code Ordinance 2012-004, Authorizing The Completion Of The Tax Foreclosure Process
And Obtaining A Deed To Retain For Public Floodplain Conservation Protection The
Property Described As The West 200 Feet Of South 440 Feet Of Government Lot 5, With Tax
Parcel ID Number 14509201, Located In The Crawford Subdivision, Lying East Of The
Seward Airport And Having Portions Within The Resurrection River, And Appropriating
Funds). (Introduced and set for Public Hearing and Enactment on May 29, 2012).
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
IiLl
City of Seward, Alaska City Council Minutes
May 14, 2012 Volume 38 Page
A Seward Harbor Opening Weekend and Blessing Of The Fleet Proclamation was
accepted by Deborah Altermatt.
A Military Appreciation Month and Armed Services Combat Fishing Tournament
proclamation was accepted by Harbormaster Mack Funk.
Spring Creek Correctional Center's Employee of the Year was Joe Roman.
Retirement of Spring Creek Correctional Center's Assistant Superintendent Thomas
Reimer.
A proclamation was received by Lt. Louis Tiner for the Torch Run and Terry Pollard
Memorial Exit Glacier Run on May 19, 2012.
A Peace Officers' Memorial Day and National Police Week proclamation was
presented.
Borough Assembly Report, Sue McClure stated the Borough Mayor presented the budget
at the May 1, 2012 Assembly Meeting. The schools would receive additional state funding, and the
budget would be $43,500,000 from local sources. There would be a public hearing on the budget on
May 15, 2012 and a vote on June 5, 2012. As of July 1, 2012, the Lowell Point emergency services
would be abolished; all assets they currently owned would be transferred to the Lowell Point
Volunteer Fire Department. On June 5, 2012, the Assembly would vote to accept a $433,000 grant
from the Department of Homeland Security to develop a catch basin and culvert system on Beach
Drive. Light poles and fixtures would be upgraded for the Seward High School parking lot. McClure
requested that council change all seven (7) seats of the Seward Bear Creek Flood Service Area Board
(SBCFSAB) to at -large seats to encourage more people to apply. If the council and SBCFSAB
agreed to this, then McClure would bring forward an ordinance to the Assembly.
City Manager's Report, Jim Hunt stated there had been no expenditures approved by the
City Manager for between $10,000 and $50,000 since the last council meeting. He had given the go-
ahead for Providence to modify an existing room in the hospital as a temporary psychiatric holding
room for patients awaiting transport. The hospital room would be upgraded to provide safe
accommodations including tamper -proof walls, lighting fixtures, sprinkler heads, etc., to ensure the
safety of patients, a project made possible through a grant.
On Tuesday, May 8, 2012, a fatal accident took place on T-dock when a boom truck rolled
onto the bull rail while loading gear onto a fishing boat. The operator, Felix Morales, a long-time
Seward Fisheries employee, fell to his death. The incident was under investigation by OSHA.
The City Manager, Assistant City Manager, Harbormaster, and consulting engineer met with
Coastal Villages on May 3, 2012 to review the SMIC Improvement Plans. Assistant City Manager
Ron Long spoke of seeing a proposed layout for the docks for this project and expected to meet next
on May 25, 2012.
V�
City of Seward, Alaska City Council Minutes
May 14, 2012 Volume 38 Page
Council asked Hunt for a report on the $4,000,000 allocated for street repair. In response to
Valdatta, Hunt said he had been exploring bringing Liquid Natural Gas to Seward, but the challenge
was the small size of our community didn't outweigh the cost of installing it at that point in time.
Mayoral Report, David Seaward stated he had met with Senator Murkowski and had
pitched the first pitch at Seward's Little League opening day.
Vice Mayor Travel Report, Jean Bardarson stated that as a result of her Seattle/Washington,
D.C. trip, TOTE had designated Seward as their official back-up port.
Other Reports, Announcements and Presentations — None
PUBLIC HEARINGS
Resolution 2012-027, Adopting The Revision Of The 2012 And 2013 Harbor Tariffs To
Correct Errors, To Eliminate The Attachment Of Standard Forms, To Establish A Basis For
Pro -Rating Charges For New Tenants, And To Establish A Basis For Late Renewing
Customers. Notice of the public hearing being posted and published as required by law was noted
and the public hearing was opened. No one appeared to address the Council and the public hearing
was closed.
Harbormaster Mack Funk described seven changes addressed in the resolution, three of
which were clerical errors and gas and diesel rate charges were increased. Three customer requests
had been responded to, including converting from transient moorage to permanent slip moorage.
Renewal deadlines added a two -week grace period.
Motion (Bardarson/Keil) Approve Resolution 2012-027
Terry praised administration for getting the customer issue addressed by bringing it to the
Port and Commerce Advisory Board so quickly. Shafer had been hearing compliments about
improved customer service at the harbor.
Motion Passed
UNFINISHED BUSINESS
Unanimous
Resolution 2012-003, Naming The Newly Constructed North Forest Acres Levee Drive Surface,
As Dieckgraeff Road; Located Within The Public Access Easement On Tract B, Dieckgraeff-
Gillespie Replat; Located At 2501 Seward Highway (Referred To The Planning And Zoning
Commission)
Motion (Bardarson/Valdatta) Approve Resolution 2012-003
M
City ofSeward, Alaska City Council Minutes
May 14, 2012 volume 38 Page
Valdatta supported the resolution. Mayor Seaward agreed and said the Dieckgraeff family had
been strong supporters of the community. Keil said although the new name did not meet the
recommended naming conventions for the city, she supported it as well.
Motion Passed
NEW BUSINESS
Ordinance for Introduction
Yes: Bardarson, Valdatta, Shafer, Terry,
Keil, Seaward
No: Casagranda
Ordinance 2012-002, Amending Portions Of Seward City Code 15.10.220 Development
Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table
To Change, Update And Accommodate The Wishes Of The Public.
Motion (Terry/Bardarson) Introduce The Laydown Version Of
Ordinance 2012-002
Long outlined the changes identified in the laydown version as being: Childcare/Daycare
changed to outright use, and Brewpub included under Restaurant.
Motion Passed Unanimous
Non -Code Ordinance 2012-005, Authorizing The Completion Of The Tax Foreclosure Process
And The Sale Of The Property Described As Lots 29, 30, 31 And 32, Block 27, Original
Townsite Of Seward; With Tax Parcel ID Numbers Of 14805003 And 14805004, Located At
516 Through 522 First Avenue, And Appropriating Funds.
Motion (Bardarson/Keil) Introduce Non -Code Ordinance 2012-005
City Planner Donna Glenz had been in contact with the person living on the property and
they were willing to move. The city was willing to provide an extension to allow the individual to
relocate. The property had been derelict and property taxes had not been paid since 2008.
Motion Passed Unanimous
Resolution 2012-028, Accepting A Grant From Alaska Energy Authority To Upgrade And
Update Generation Facilities At Fort Raymond Generation Plant For $3,960,000 And
Appropriating Funds.
Motion (Bardarson/Shafer) Approve Resolution 2012-028
Hunt requested the resolution be postponed to a date certain. Terry requested a work session
to address questions.
City of Seward, Alaska City Council Minutes
May 14, 2012 Volume 38, Page
Council scheduled a work session for May 21, 2012 at 7:00 p.m. in City Council Chambers to
discuss the Alaska Energy Authority Grant.
Motion to Postpone (Terry/Casagranda)
Motion Passed
Postpone Resolution 2012-028 to the
June 11, 2012 Meeting
Unanimous
Resolution 2012-029, Authorizing A $138,500 Increase To The Snow And Ice Department
Budget, And Appropriating Funds.
Motion (Terry/Keil) Approve Resolution 2012-029
Hunt said record snow and unexpected overtime hours forced these expenditures for an
exceptional year. Casagranda asked for clarification as to where the funds would be coming from and
Finance Director Kris Erchinger said the funds would come from the General Fund Reserves. In
response to Seaward, Public Works Director W.C. Casey said the city had tried using private snow
removal businesses in the past and it ended up costing the city $80,000 in guardrail repairs. Public
Works had also tried contracted drivers and that resulted in extra necessary repairs to the trucks.
Motion Passed Unanimous
Resolution 2012-030, Approving Teen And Youth Center Day Camp Fee Subsidies, And
Reducing The 2012/2013 TYC Revenue Budget.
Motion (Bardarson/Shafer) Approve Resolution 2012-030
Parks and Recreation Director Karin Sturdy said the Teen and Youth Center (TYC) was
trying to reduce subsidies from the city, but the additional burden of administering a sliding fee scale
created a competing mandate.
Terry reminded council of her potential conflict of interest which she had previously stated as
her children attended the Teen and Youth Center. Mayor Seaward reaffirmed there was no
conflict of interest.
Shafer said she supported this resolution, appreciated the work that went into developing the
sliding fee scale and said if administering a sliding fee scale became too onerous, it should be
brought back to council to be addressed. Casagranda did not support this resolution because she
didn't agree with the qualifications required for Tier I and Tier II. Valdatta did not feel an obligation
to keep the rates down. Keil disagreed with the reference that the rates were not approved by city
council because fees were part of the budgeting process. Seaward asked if Sturdy worked with
private enterprises to furnish services, or did it compete with day care services. Sturdy said it did not
compete because TYC's primary goal was recreation, not day care.
City of Seward, Alaska City Council Minutes
May 14, 2012 Volume 38 Page
Motion to Amend (Terry/Keil)
Motion to Amend Passed
Reduce amount in Section 2 from
$10,000 to $5,000.
Unanimous
Bardarson asked for a review of the TYC program in the Fall of 2012 to examine the
effectiveness of the sliding fee scale.
Motion to Amend (Terry/Keil)
Motion to Amend Passed
Main Motion Passed As Amended
Strike First `Whereas' In Its Entirety
Unanimous
Yes: Bardarson, Valdatta, Casagranda,
Shafer, Keil, Terry
No: Seaward
Resolution 2012-031, Approving The Purchase Of One Pumper Fire Apparatus From Spencer
Manufacturing Inc. In The Amount Of $406,167.00 And From Procomm Alaska One Motorola
Mobile Radio And Adapter In The Amount Of $4,246.00 Subject To Obtaining Financing And
Appropriating These Funds From The Motor Pool Internal Service Fund.
Shafer declared a potential conflict of interest because she knew the family who would be
building this pumper truck. Mayor Seaward ruled there was no conflict.
Motion (Bardarson/Keil)
Motion to Amend (Terry/Bardarson)
Motion to Amend Passed
Motion to Amend (Terry/Keil)
Motion to Amend Passed
Main Motion Passed As Amended
OTHER NEW BUSINESS
Approve Resolution 2012-031
Delete Section 7
Unanimous
Strike The Words "Subject To Obtaining
Financing" From The Resolution Title
Unanimous
Unanimous
Council discussion on if the city should purchase power from the Fire Island Wind Generation
Project and direct the City Manager to send a response to Chugach Electric Association.
Hunt recommended council decline purchasing wind power at this time, which was supported
by the online poll results, but in the future the city may opt in. Foutz said there was no financial
benefit to the city at this time, nor would the city receive green credits. Hunt said utility customers
City ofSeward, Alaska City Council Minutes
May 14, 2012 Volume 38 Page
customers would potentially suffer a two to three -fold increase in their electric rates, and the risk of
the exact impact was unknown.
Council directed Hunt to not respond to Chugach Electric Association's invitation.
INFORMATIONAL ITEMS AND REPORTS (No action required
Letter to Congressional Delegation on the Alaska Railroad Corporation and Surface Transporial ion
Reauthorization Bill.
Providence Seward Financial Report for March 2012.
Harbor Accounts Receivable Write -Off Of McKee Moorage.
COUNCIL COMMENTS
Bardarson thanked the staff and the Port and Commerce Advisory Board for the work done
on the Harbor tariff changes, and encouraged everyone to participate in the Harbor Opening and the
Mariners' Memorial dedication.
Keil was looking forward to the work session on Alaska Energy Authority grant and would
send forward her questions to Foutz in advance so he could prepare.
Shafer said today's cruise ship resulted in lots of visitors all over town.
Terry thanked Sturdy and the Parks & Recreation Department for the work on the TYC
sliding fees and for being responsive to public suggestions. She said it created more options for the
children of Seward.
Seaward thanked the public for attending and said it was great to see the season's activities
picking up for businesses.
CITIZENS' COMMENTS
Tom Tougas requested an on -site open house at the generator building for the public and
emphasized that council should remain diligent in their research in this matter. If the city improved
efficiencies, they wouldn't need to rely on generators as much, or at least it wouldn't cost as much.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
EXECUTIVE SESSION
Motion (Bardarson/Shafer) Go into Executive Session to discuss and
review City Manager's evaluations after a
five minute recess.
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City ofSeward, Alaska City Council Minutes
May 14 2012 Volume 38, Page
Council stated the City Manager was invited to attend this Executive Session.
Motion Passed Unanimous
Council recessed at 9:37 p.m.
Council went into executive session at 9:42 p.m.
Council came out of executive session at 10:23 p.m.
ADJOURNMENT
The meeting was adjourned at 10:23 p.m.
Johanna Kinney, CMC
City Clerk
(City Seal)
David Seaward
Mayor
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City ofSeward, Alaska City Council Minutes
May 29, 2012 Volume 38Page
CALL TO ORDER
The May 29, 2012 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson
Vanta Shafer
Bob Valdatta*
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Cheryl Brooking, City Attorney
Brenda Ballou, Deputy City Clerk
Absent — None
*Bob Valdatta arrived at 7:02 p.m.
Christy Terry
Marianna Keil
Ristine Casagranda
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING - None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2012-032, Adopting The Planning And Zoning Commission Priorities From April
2012 To April 2013.
Resolution 2012-037, Supporting The Seward/Kenai Peninsula Highway Transportation
Corridor Safety Initiative.
City of Seward, Alaska City Council Minutes
May 29, 2012 Volume 38 Page
There was a non -objection to the Transfer of Ownership (Stock) for Seward Alehouse,
Beverage Dispensary License #324.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
The Student and Adult Exchange Participants representing Seward in Obihiro, Japan
were introduced by Sister City Coordinator Deb Bond and Seward International
Friendship Association President Jim Herbert.
A proclamation for Historic Preservation Month was received by Linda Lasota.
Doug Capra was presented with the Annual Historic Preservation Award.
Chamber of Commerce Report, Cindy Clock displayed the Chamber's new folder design
for information packets. The Chamber would be awarding two 2012 Silver Salmon Derby Fish
Restoration Scholarships to Madelyn Campbell and Maggie Herbert; the award had not been given
for the past seven years because there had been no students entering the field of marine
biology/ecology. There were nine new members of the Chamber so far this year, and 944 visitors
came into the Chamber in May. Clock reported that Dan Bosch from the Alaska Department of Fish
& Game said they would be completing the last Coho smolt stocking out of the old hatchery. The
Mount Marathon guide was sent to print and would be included in the Seward Phoenix Log and the
Seward Journal as inserts. In response to Mayor Seaward's inquiry, Clock said the Chamber invited
three high schoolers to announce the 41h of July parade this year.
City Manager's Report, Jim Hunt stated no expenditures were approved between $10,000
— $50,000. He continued by detailing specific updates for each department. He invited the
Department of Transportation to give a presentation at the June 11, 2012 council meeting regarding
the road conditions from this winter and the DOT's scheduled move out the highway. Willard
Dunham was in Korea as Seward's Ambassador for the 2012 World Expo and would report on his
travels at the June 11, 2012 council meeting.
In response to Keil, Assistant City Manager Ron Long replied that the final draft of the
CDQ contract would be available for the council and public to review within the next three weeks.
Council directed Hunt to provide an update regarding the sealing and striping of the city's
paved parking lots, DOT road and sidewalk repairs and the exhaust system at the animal shelter. He
was also requested to send a complimentary letter to the DOT for ending the road closures.
City Attorney's Report, Cheryl Brooking stated her office provided advice on various
ordinances and resolutions; contracts; administrative matters; land use and subdivision platting
issues; small boat harbor compliance and contract negotiations; ongoing litigation for North Forest
Acres and the Resurrection Bay Conservation Alliance (RBCA).
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City of Seward, Alaska City Council Minutes
May 29, 2012 Volume 38 Pad=e
In response to Seaward's inquiry, Brooking said she sent a letter to the RBCA on April 23,
2012 per council's direction, and announced to the public that the letter was available for public
review. Seaward asked what the procedure was for the media or any member of the public to obtain a
public document; Brooking said anyone can submit a public records request through the clerk's
office.
Mayoral Report, David Seaward summarized the governor's final capital budget.
Other Reports, Announcements and Presentations
A Library/Museum Update was given by C. Keith Campbell. He said the project was
currently on budget and on time. There would be a fundraiser cruise held on June 15, 2012 which
was scheduled previously and any additional funds would be put towards landscaping, benches and a
flagpole. Commemorative tiles were still available for purchase. Campbell requested that council
appoint a councilmember to the library/museum grand opening planning committee. Mary Tougas
presented the city with a presentation check in the amount of $500,000 which represented the
fulfillment of the library/museum committee's fundraising pledge. The goals achieved included: site
selected, design concepts and building plans approved, community support survey completed, bond
and various grant funding received.
PUBLIC HEARINGS
Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To
Change, Update And Accommodate The Wishes Of The Public. Notice of the public hearing
being posted and published as required by law was noted and the public hearing was opened. No one
appeared to address the Council and the public hearing was closed.
Motion (Bardarson/Keil) Enact Ordinance 2011-004
Council thanked the members of the Planning & Zoning Commission for their hard work and
diligence on this project, and hoped to remain responsive to make any updates or adaptations as may
be necessary going forward.
Motion Passed Unanimous
Ordinance 2012-002, Amending Portions Of Seward City Code 15.10.220 Development
Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table
To Change, Update And Accommodate The Wishes Of The Public. Notice of the public hearing
being posted and published as required by law was noted and the public hearing was opened. No one
appeared to address the Council and the public hearing was closed.
Motion (Bardarson/Terry) Enact Ordinance 2012-002
Casagranda asked for clarification regarding what constitutes a transient merchant. City
Planner Donna Glenz said that pre-existing transient merchants, defined as those on wheels, were
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City ofSeward, Alaska City Council Minutes
May 29, 2012 volume 38 Pale
grandfathered into the new code. If the grandfathered property or business were sold, the new owner
would be required to comply with the new code. Brooking clarified that non -conforming structures
versus non -conforming uses for each situation was fact -dependent. Bardarson was concerned that
this new code would require a permit for a family to have rabbits. Glenz responded that the new code
was designed to encourage people to have rabbits and chickens and the permitting process was free,
easy and straightforward.
Motion Passed
Yes: Bardarson, Shafer, Keil, Valdatta,
Terry
No: Casagranda, Seaward
Ordinance 2012-003, Rezoning Lots 15 And 16, Block 8, Original Townsite Of Seward From
Auto Commercial (AC) To Central Business District (CBD); And Lots 26,27 And 28, Block 8,
Original Townsite, From Multi Family (113) To Central Business District (CBD). Notice of the
public hearing being posted and published as required by law was noted and the public hearing was
opened. No one appeared to address the Council and the public hearing was closed.
Motion (Keil/Shafer) Enact Ordinance 2012-003
Long confirmed for Casagranda that the National Park Service was planning to turn one of
these properties into a parking lot.
Motion Passed Unanimous
Non -Code Ordinance 2012-004, Authorizing The Completion Of The Tax Foreclosure Process
And Obtaining A Deed To Retain For Public Floodplain Conservation Protection The
Property Described As The West 200 Feet Of South 440 Feet Of Government Lot 5, With Tax
Parcel ID Number 14509201, Located In The Crawford Subdivision, Lying East Of The
Seward Airport And Having Portions Within The Resurrection River, And Appropriating
Funds. Notice of the public hearing being posted and published as required by law was noted and
the public hearing was opened. No one appeared to address the Council and the public hearing was
closed.
Motion (Bardarson/Shafer) Enact Non -Code Ordinance 2012-004
Keil asked if this property would be able to be used as part of a future greenbelt initiative and
Hunt said it was a possibility. Long added that this would also improve our points in the community
rating system for flood plain compliance.
Motion Passed Unanimous
Non -Code Ordinance 2012-005, Authorizing The Completion Of The Tax Foreclosure Process
And The Sale Of The Property Described As Lots 29, 309 31 And 32, Block 27, Original
Townsite Of Seward; With Tax Parcel ID Numbers Of 14805003 And 14805004, Located At
516 Through 522 First Avenue, And Appropriating Funds. Notice of the public hearing being
City of Seward, Alaska City Council Minutes
May 29, 2012 Volume 38 Pale
posted and published as required by law was noted and the public hearing was opened. No one
appeared to address the Council and the public hearing was closed.
Motion (Keil/Shafer) Enact Non -Code Ordinance 2012-005
Motion Passed Unanimous
NEW BUSINESS
Resolution 2012-033, Authorizing The City Manager To Enter Into A Contract With Kendall
Ford For The Purchase Of One Ford Explorer Police Patrol Vehicle, For An Amount Not To
Exceed $25,646.00.
Motion (Bardarson/Terry)
Approve Resolution 2012-033
Clemons said they needed an SUV in order to have four-wheel drive, and the old patrol
vehicle it would be replacing would be turned over to surplus.
Motion Passed
Unanimous
Resolution 2012-034, Authorizing The City Manager To Issue A Purchase Order To Alaska
Environmental & Safety Supply, Inc. For The Purchase And Installation Of Police Emergency
Equipment On One 2012 Ford Explorer, The Cost Not To Exceed $7,740.00.
Motion (Terry/Keil)
Motion Passed
Approve Resolution 2012-034
Unanimous
Resolution 2012-035, Approving The Expenditure Of City Funds With The U.S. Army Corps
Of Engineers For Dredging In The Small Boat Harbor, And Appropriating Funds.
Motion (Bardarson/Keil)
Approve Resolution 2012-035
Council asked how the contaminants would be eliminated; Harbormaster Mack Funk said
some of the contaminants would dissipate over time through aeration. Funk said the site was not
considered to be a wetland, but the streams on the property would be avoided anyway. Bardarson
asked about the decision to use CPV funding rather than MRF funding, but Funk said CPV fiends
were too restrictive to be used for this project.
Motion Passed Unanimous
Resolution 2012-036, Appropriating Funds For A Legal Judgment With RBCA In The
Amount Of $92,399.13.
Motion (Bardarson/Terry)
Approve Resolution 2012-036
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City of Seward, Alaska City Council Minutes
May 29, 2012 Volume 38 Page
Brooking said this was a judgment which had not been appealed by either party. There was
still one pending appeal outstanding for approximately $25,000.
Motion Passed
Yes: Bardarson, Casagranda, Seaward, Keil,
Valdatta, Terry
No: Shafer
INFORMATIONAL ITEMS AND REPORTS (No action required — None
Providence Seward Financial Report for April 2012.
COUNCIL COMMENTS
Keil thanked the Planning & Zoning Commission for their work on the code revisions, and
the Port And Commerce Advisory Board for their implementation of the dredging funds.
Shafer asked if AVTEC's windmill was being tracked for how much electricity was being
generated. Utilities Director John Foutz said the wind turbine was connected last week to Chugach
Electric and there was a tracking system in place.
Valdatta said there was an old telephone pole near Bayview Apartments that he had received
complaints about and asked to have it removed. Hunt and Foutz were aware, and had requested an
easement agreement from the property owner, but had not yet received a response from the owner.
Casagranda was seeing a big jump in tourism and business owners were very busy. She
asked council to keep those people in mind — keep communications clear and open.
Terry thanked the Planning & Zoning Commission for their hard work and encouraged
people to join the Commission.
CITIZENS' COMMENTS
Sue McClure reminded everyone that next week's Assembly meeting would be voting on the
budget. The Seward Museum would be open Wednesday -Sunday from 1:00-5:00 p.m., admission
was by donation only, and staffed by volunteers from June 1, 2012 through Labor Day.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
EXECUTIVE SESSION
Mayor Seaward stated he had requested this be added to the agenda, but was able to get his questions
answered. He requested this be postponed indefinitely.
W
City ofSeward, Alaska City Council Minutes
May 29, 2012 Volume 38 Page
Motion (Bardarson)
Motion died for lack of second.
ADJOURNMENT
The meeting was adjourned at 8:44 p.m.
Johanna Kinney, CMC
City Clerk
(City Seal)
Go into Executive Session to discuss the
RBCA letter dated April 23, 2012.
David Seaward
Mayor
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CITY OF SEWARD All ASKA
APPLICATION FOR THE
-SEWARD HISTORIC PRESERVATION COMMISSION
NAME:.
STREET ADDRESS: 3 3 q5 �3Frte ���� ��� c4
MAILING ADDRESS: P.O. 130 y, 700
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E-MAIL ADDRESS �,�}So -FA I tqs kA . CCcl u
HOME TELEPHONE: 9t} "
LENGTH OF RESIDENCY IN THE SEWARD AREA. 0z0 t Yg�2S
PRESENLY EMPLOYED AS: h S C/4 i I ¢C-k N' C,Pq
List any special training, education or background such as grant writing, history, architecture, or
archeology, which may help you as a member of the Commission:
d2 6k� tr-S � fwo COMM j 5s•1DIV +E��%�)5 -F �{�KvEr LJ�LV� Yf y �L�l•�L i ni W 1� � " Ns
C t- G G2Ai,)t,5 4fAvQ,Vr�G (�w nRdE'd -to -L-k 6-C,* i-'l o; SC,4/1+2d - I-11.5fv QfC /�iee�Sr�/LUh�
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Have you ever been involved in any aspect of historic preservation? If so, briefly describe your
irninlvamant- _
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I am specifically interested in serving on the Historic Preservation Commission because:
( a 0 e -� s �O vz' y A-(Vcl A tZ 4 4e-c.4te � 1w d t-jpC s A p 2-F* c 4
Have you ever served on a similar commission elsewhere? Yes o No
If so, where?
And when?
If appointed, are you willing to:
• Do historic research? )Q) NO
• Work on preparing grant applications? NO
• Work on writing historic register nominations? NO
• Attend historic preservation workshops? ES NO
SIGN TURE DATE
) 0\
STATE CAPITOL
PO. Box 110001
Juneau, AK 9981 1-0001
907-46 S-3 S00
fax: 907-465-3532
May 30, 2012
Governor Sean Parnell
STATE OF ALASKA
The Honorable David Seaward
Mayor
City of Seward
P.O. Box 167
Seward, AK 99664
Dear Mayor Seaward and Seward Residents,
550 West Seventh Avenue, Suite 1700
Anchorage. AK 99501
907-269-74SO
fax 907-269-7461
www.Gov.Alaska.Gov
Governor@Alaska.Gov
Congratulations to the City of Seward, Alaska! As you reflect on 100 years of incorporation
as a city, I hope you are filled with thankfulness for the past and hopeful expectation for the
future.
Seward holds a special place in our state's history as one of our oldest cities, the original
gateway to the Iditarod, and namesake of the most famous proponent of the Alaska
purchase, Secretary of State William H. Seward. With the state's only ice -free deep water port
giving access to air, road, and rail transport, the city is a vital route into the heart of Alaska.
A three -time All -American City and home to Alaska's only public aquarium, Seward is
continually growing and changing, but will always hold its important role in the life of the
Last Frontier.
It is my pleasure to join the residents of Seward and Alaskans across the state in honoring
this significant milestone. I wish you all continued happiness and success in years to come.
Governor
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