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HomeMy WebLinkAbout05272014 City Council Packet Seward City Council Agenda Packet Near ltat e, 1416:411) - r 1 r - . 41tP.4014".".41W • L i} i May 27, 2014 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA of 1-Am ; {Please silence all cellular phones and pagers during the meeting} haw 4ate May 27, 2014 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2014 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards Council Member Term Expires 2015 1. Proclamation for Seward Elementary School teacher Terri McKnight, a BP Teacher of Excellence recipient for 2014 .Pg. 4 Dale Butts 2. Certificates of Appreciation for retiring employees Jim Pipkin and Council Member Charlie Forrest Pg. 5 Term Expires 2014 B. Chamber of Commerce Report Iris Darling C. City Manager's Report Council Member D. Other Reports and Presentations Term Expires 2015 *Appointment 1. Presentation by the Friends of the Jesse Lee Home. Expires 2014 James Hunt City Manager Johanna Kinney City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda May 27, 2014 Page I 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 1. Ordinance 2014-003, Amending Title 14 Of The City's Code Of Ordinances To Provide For Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution System .Pg, 7 2. Ordinance 2014-004, Amending Portions Of Seward City Code §15.10.140.B Specific Definitions, §15.10.225 Land Uses Allowed And §15.10.225 Land Uses Allowed Table; To Allow Mobile Vendors And Roving Vendors To Operate On City Owned Property (As Designated) And Within Public Rights Of Way Pg. 29 B. Resolutions Requiring Public Hearing 1. Resolution 2014-047, Modifying The Electric Tariff To Add Language For Net Metered Customers To Receive Compensation For Producing Energy .Pg. 37 8. UNFINISHED BUSINESS 1. Resolution 2014-046, Approving Teen And Youth Center Day Camp Fees. (Postponed from May 12, 2014) ,Pg. 47 9. NEW BUSINESS A. Resolutions 1. Resolution 2014-048, Establishing A Mobile Vendor And Roving Vendor Policy For Permitting Vendors On City-Owned Property Pg. 50 *2. Resolution 2014-049, Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For Forty-Eight Thousand And Five Hundred Dollars ($48,500.00) ..Pg. 69 3. Resolution 2014-050, Authorizing The Assignment Of The Maintenance And Operating Agreement Of The Shiplift And Drydock Area To Vigor Alaska-Seward LLC., And Authoring The City Manager To Enter Into An Amendment. (Phase I Environmental Site Assessment, pages 1-40 only included,per Administration)... ... ... ...Pg. 73 B. Other New Business Items *1. Appoint the following people to the Historic Preservation Commission: John French with a term to expire May, 2017, and Wadeen Hepworth with a term to expire May, 2017 Pg. 133 2. Schedule a Work Session on Alternative Energy. 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) 1. Historic Preservation Commission Quarterly Report Pg. 137 `torn City of Seward, Alaska Council Agenda May 27, 2014 Page 2 I. Historic Preservation Commission Quarterly Report 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT 4111./ City of Seward, Alaska Council Agenda May 27, 2014 3 ,i:,-.4.1'.7',',„ :-.''''.'i•,-;;::iiiiiii .y;'-'' '-''''', -. / ' • - ,, ---- , .4 ., .. ,,,I.,i-i.,,,,•-?e, , -,',,g-,-,.,,,..4"-A,ATtse.::.,,,-,,,,1 ,.) WHEREAS teachers serve a significant role in helping students achieve academic ;1 success. Great teachers inspire and challenge their students and deserve to be honored ... for their excellence in education; and ' ..../ WHEREAS as a city, we are proud of the educational endeavors of our teachers -.1 and the leadership they demonstrate for our future generations; and ii WHEREAS the BP Teachers of Excellence Program launched in 1995 recognizes ...,,: teachers throughout Alaska for their dedication to teaching and student inspiration; and ".:1 , , 11.- '7... WHEREAS, hundreds of remarkable teachers have been recognized by their 4 , 4 : peers, students, parents and community members throughout the history of this , ,....; program; and f.-.= . „ .., i ... ,... FA'. WHEREAS each year, teachers are recognized in five Alaskan regions -1 i F YA Anchorage, Fairbanks, Mat-Su Valley, Kenai Peninsula, and outlying areas; and 4A i 1 „to WHEREAS this year, Seward Elementary School teacher Terri McKnight was i ,... selected as a BP Teacher of Excellence for 2014. (.1. ..:,- :.. , .., ?fs q ' NOW', THEREFORE, I Jean Bardarson, Mayor of Seward, Alaska, do hereby f.; 4 congratulate and commend Terri McKnight for this great achievement and call upon our citizens is to congratulate her outstanding contributions to her students, school and i-.1 1 community. I 0: q Lel' IL Dated this 27th day of May, 2014. 1.-mtk, THE CITY OF SEWARD,ALASKA I I C ' ,-,-, 1 , Py , Jean Bardarson, Mayor If 4 • City Of Seward CERTIFICATE OF APPRECIATION PRESF,INTFD TO JIM PIPKIN For His 13 Years Of Dedication With The City of Seward. Congratulations On Your Retirement And •Thank You For Your Service! r of sett,. Presented on this 27th day of May, 2014 4:to elt4s Jean Bardarson, Mayor 4%. 1 1 • City Of Seward CERTIFICATE OF APPRECIATION PRESENTED TO CHARLI J FORRFIST For His 28 Years Of Dedication With The City of Seward. Congratulations On Your Retirement And Thank You For Your Service! e oy set t4 on this 27th day of May, 2014 '� 9,� Jean Bardarson, Mayor q A 0P 1 1 1 Sponsored by: Hunt Introduction: May 12, 2014 Public Hearing: May 27, 2014 Enactment: May 27, 2014 CITY OF SEWARD,ALASKA ORDINANCE 2014-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING TITLE 14 OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR INTERCONNECTION OF SMALL RENEWABLE ENERGY SOURCES TO THE CITY'S ELECTRICAL DISTRIBUTION SYSTEM WHEREAS, the City Council encourages the development and use of alternative energy production consistent with the Seward Zoning Code; and WHEREAS, the interconnection with the city's electrical distribution system should be allowed,provided that alternative power sources do not adversely affect the city's system or delivery of power to other electric customers, and WHEREAS, the City Council wishes to allow alternative energy that is safe to users, the public, and electric utility employees. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.01.015 Definitions is amended as follows: Strikeout= Delete Bold =New 14.01.015. - Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be as follows: Alternative power source. Means customer-owned electrical generation fueled by renewable resources such as wind,solar,geothermal,biomass,or water(tidal or hydropower). An alternative power source does not include fossil fuel generation. Alternative power sources within the Seward Electric area are subject to Article 4 of this Title. Applicant. Means a person, including a corporation, partnership, association, and governmental unit or agency, who requests utility service or the extension of utility facilities or interconnection under these provisions and who may be synonymous,as circumstances permit,with "developer," "owner," "contractor," "builder," and similar terms associated with the improvement and development of real property and the construction of buildings and related improvements and their heirs, successors. 7 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 2 of 20 ..•§01 Application for interconnection.Means the application for interconnection of alternative power source that must be completed by any customer wishing to interconnect to the city's electrical distribution system as an independent power producer. BOD (denoting biochemical oxygen demand). Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter. Building drain. Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil,waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. Building sewer. Means the extension from the building drain to the service connection or other place of disposal. Class of service. Means the type of service rendered by the city to a customer under a particular rate schedule. Clean-out. Means a pipe inserted into the sewer extension through which a cleaning device sftiid can be inserted into the sewer extension. Collection system. Means the system of public sewers to be operated by the city and designed for the collection of sewage. Combined sewer. Means a sewer receiving both surface runoff and sewage. Commercial service - Demand metered. This classification applies to demand metered general lighting,incidental power,and other services used by commercial and industrial enterprises whose demand is equal to or greater than 25 KVA. Commercial service-Non-demand metered. This classification applies to single phase,non- demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand capacity is less than 25 KW, and by multiple dwelling units when supplied through one meter. A residential service through which an additional service point not directly associated with the primary residence is likewise serviced will be billed under this schedule. Customers will be classified as non-residential unless they are clearly a residential account. The burden of proof will be on the customer. Commercial user. Means a person or premises used for commercial or business purposes which discharges domestic waste, not industrial waste. ■4100° 8 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 3 of 20 Composite. Means the make-up of a number of individual samples so taken as to represent the nature of sewage or industrial wastes. Constituents. Means the combination of particles or conditions which exist in the industrial wastes. Contribution-in-aid-of-construction. Means that sum of money representing the cost of making additions or modifications to utility distribution facilities and underground installations, which the applicant or customer must pay as a condition precedent to installing the facilities requested, and which becomes the property of the city and is not otherwise subject to refund to the contributor. Customer. Means the person, partnership, corporation, or entity in whose name a utility account is held and the occupant,resident,or tenant of any premises served by a city utility. In those cases where a utility service is not separately metered to individual tenants in a building, the landlord/owner shall be considered a customer. Delivery point. Means the location where the city distribution system terminates and beyond which the customer assumes responsibility for construction and maintenance. Demand. Means the maximum rate of delivery of electric energy during a month,measured in kilowatts (KW) registered over a 15-minute period by a demand meter. Domestic waste. Means any sewage emanating from residential dwellings or from domestic activities by or for private citizens having a BUD of less than 250 ppm and/or a total suspended solids of less than 250 ppm. Economically feasible. Means an extension of distribution facilities will be considered economically feasible if anticipated annual revenue from the project will recover all annual costs plus reasonable margins to provide service to that point, and that this balance of revenue to costs/margins can reasonably be expected to continue for the service life of the facilities constructed for the requested service extension. Electric service. Means the availability of electric energy at the point of delivery for use by the customer, irrespective of whether electric energy is actually used. Engineering. Includes the preparation of electric layouts,designs, specifications, and other drawings and lists associated with electric construction. It also includes, but is not limited to, making construction estimates, inspecting construction for conformance with design criteria and specifications, staking, right-of-way acquisition, and similar and related activities necessary to the technical planning and installation of electric distribution facilities. 9 CITY OF SEWARD,ALASKA ORDINANCE 2014-003 Page 4 of 20 Garbage. Means all animal and vegetable refuse from food or food preparation, dead animals, and the accumulation from restaurant grease traps,but not dish water nor wastewater,ice, salt, and similar materials. Industrial. This classification applies to electrical services with demand equal to or greater than 750 KW. Industrial services with demand of equal to or greater than 5,000 KW will be served by contract only, and only by cost-based rates of those services. Industrial user. Means a person or premises which discharges sewage having the characteristics of industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/or which has a total suspended solids of 250 ppm or greater. Industrial wastes. Means the sewage from industrial manufacturing processes, trade, or business as distinct from domestic waste. Key box (curb valve, curb cock). Means the shut-off point for water service, which is the property of the customer. Mobile home. Means manufactured housing,as defined in section 8.15.110 of this code,built on a chassis and/or in accordance with Department of Housing and Urban Development standards contained in Code of Federal Regulations Title 24,Chapter 20. A mobile home shall be construed to 'Nod remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch,or other appurtenances of mobility are removed and regardless of the nature of the foundation required. Mobile home park Means any parcel, or adjacent parcels of land in the same ownership, which is used for occupancy by two or more mobile homes. The term does not include camper parks as defined in section 8.15.110 of this code. Multiple residential structures. Means any building or collections of buildings having common walls, containing two or more residential units, which include such common residential arrangements as apartments,townhouses,row houses, and condominiums. Natural outlet. Means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or ground water. On-site sewage disposal. Means the use of any privy,cesspool,septic tank,or similar facility for disposal of sewage which is not connected to the collection system. Permanent electrical service. Means service entrance and metering equipment installed at a given location with intent to remain for the useful service life of the city's electrical facilities constructed for that service. The equipment will be mounted on a city pole,or customer's building, or other structure on a permanent, non-moveable foundation. The city reserves the right of final Nerd CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 5 of 20 determination of whether a service will be classified permanent. All facilities will be designed and installed in accordance with applicable codes,standards, and practices of the industry for the class of service offered. pH. Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in gams per liter of solution. Point of delivery. Is that predetermined location where the city terminates its equipment or conductors and connects with the customer's equipment or conductors. Premises. Means the real property of the customer in a single location being served by the city. Pretreatment. Means that physical treatment given to sewage prior to discharge into the collection system, or those processes utilized for this purpose. Primary service. Means the conductors and equipment necessary to supply the customer with electricity at the available primary voltage above 480 volts. Primary voltage. Means the voltage supplied to the high voltage side of distribution transformers, which include three-phase service 7,200/12,470 and 14,400/24,900. Properly shredded garbage. Means the remnants from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the collection system,with no particle greater than one-half inch (1.27 centimeters) in any dimension or overall. Public sewer. Means any sewer collection system operated by or under the authority of the city. Public works department. Means the City of Seward public works department. Raceway. Means a channel for holding wires,cables,or busbars,which is designed expressly and used solely for that purpose. Receiving waters. Means those natural outlets into which sewage is discharged. Refuse. Means all garbage, rubbish, and waste material. Residential or domestic user. Shall mean a person or premises who discharges an average nofflial volume of domestic waste to the collection system. Residential service. Means the providing of a utility to a single-family dwelling. Except for ‘1461. "home occupations" as defined in sections 15.10.140 and 15.10.240 of this code, activities of a 11 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 6 of 20 nature requiring a business license, advertising, or whose profits and expenses are shown against federal income taxes will be classified as "commercial." Rubbish. Means tree and plant trimmings, paper products, rags, rubber, carpets, clothing, straw packing,packing materials,furniture,and all other kinds of combustible waste material which ordinarily accumulates in the operation of a household or business. "Rubbish" does not include manure or waste from any yard or stable. Sanitary sewer. Means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Secondary service. Means service at available voltage of 480 volts or less. Secondary voltage. Means the voltage for delivery directly to the service entrance of the customer, i.e., the low voltage side of a distribution transformer (utilization voltage). Security lights. Means a fixture or fixtures installed to illuminate private homes and areas, including places and areas to which the public has access but which are privately owned and controlled. Service. Means the furnishing of a utility to a given location. Service connection. Means the pipe and appurtenances required to connect an individual property or facility to the sanitary sewer. The service connection shall start at the collection system and terminate at the property line or easement limit and shall not include the building sewer. Sewage. Means any combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage treatment plant. Means any arrangement of devices and structures used for treating sewage. Sewage works. Means all facilities for collection, pumping, treating, and disposing of sewage. Sewer. Means a pipe or conduit for carrying sewage. Slug. Means any individual or combined discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds,for any period longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation. Ned 12 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 7 of 20 Storm drain and storm sewer. Means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Street light. Means a system or fixture of such system, for the illumination of streets,alleys, and other public places and areas, installed and operated at public expense. Subdivision. Means a tract or parcel of land divided into two or more lots, sites, or other divisions according to applicable law. Suspended solids. Means solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Tariff. Means the City of Seward Utility Tariffs as approved by the City Council and amended from time to time. Temporary secondary service. Means service provided on an interim basis during a construction phase or any other service provided by use of facilities which cannot be reused or continued as permanent facilities and must be removed when the temporary need has ceased. The duration of the service will not exceed 180 days. ‘kalw Thaw wire. Means the wire leading from the water main,parallel with the service line, and coming up to the ground surface at the key box. Toxic. Means constituents of sewage which are considered from time to time by the U.S. Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely affecting facilities or conditions similar to the collection system,the sewage treatment plant, or the receiving waters. Waste material. Means broken crockery,glass,wire,ashes, cinders,bottles,tin cans,metals, and other similar noncombustible waste material resulting from the operation of a household or business. Discarded vehicle bodies or other bulky or heavy objects, waste material resulting from any manufacturing,building,or construction operation,and similar materials shall not be considered waste material and must be disposed of by the property owner. Water connection or water service connection. Means that part of the water distribution system,including pipe and appurtenances,used to conduct water from the water main to a point at or near the property line of the premises to be served. Water connection extension. Means that part of the water distribution system extending from the water connection into the premises served. Section 2. Seward City Code Title 14, Chapter 15,Article 4 Interconnection to Customer- Owned Alternate Technology and Fossil Fuel Standby Generation Equipment is amended as follows: 13 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 8 of 20 ■Nri, Strikeout=Delete Bold=New Article 4. -Interconnection to With Customer-Owned Alternateive • • ; ; •-• - ; • • - • Standby Power Source Generation Equipment 14.15.410. -Alternateive teehneleff-generatien-Power Source. (a) The city will permit the interconnection and operation of small (less than 251(VV) alternateive - - . : •: - power source facilities . - . •-: - - ': - - - - : . . : - . •-• with its integrated electrical distribution system upon compliance by the customer with the following provisions. (1) A customer who owns any alternate technology generation shall request approval from the city to interconnect with its system at least three months prior to the date on which the customer intends to make any connection in any way to the electric circuitry common to the city's integrated distribution system. (2) The customer shall submit to the city, along with his an application request for interconnection, complete documentation of alternate technology generation equipment including but not limited to: schematics; wiring diagrams;performance specifications;descriptions of energy storage devices, NS/ circuit protection equipment, regulation equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. (3) Upon approval of the interconnection by the city, the customer shall agree under special contract with the city to pay the cost of any special metering equipment or circuit modifications determined by the city as necessary to accomplish the interconnection;to install power factor corrective equipment as necessary to maintain a power factor of not less than 0.9; to operate the generation equipment in strict compliance with safety procedures established by the city, and to accept the terms of purchase of energy or capacity or both as set forth in the contract. (b) The city reserves the right to refuse interconnection with alternate technology generation facilities alternative power sources or to limit the number of interconnections • - . - . - : - : • - . • • •- on any single substation circuit if it is determined by the city that any such interconnection would be harmful or hazardous to its system, its employees or other customers. If a proposed interconnection is refused by the city, the city will provide the customer within three months of the initial request written notice of refusal, including a statement of the reason(s) for the refusal. Noir 14 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 *tow Page 9 of 20 (c) If an unauthorized interconnect is found,the city will immediately terminate service to those facilities and reconnect the service only when all conditions of these provisions are satisfied. (Ord. 504, 1982) 14.15.415. Interconnection Requirements, Procedures, and Application Process for an Alternative Power Source Less Than 25KW. (a) Application. In order to proceed with interconnection of an alternative power source, the customer must complete an Application for a New/Rework of Electrical Service and an Interconnection Application. The customer shall also provide equipment specifications, protection arrangements, and design drawings to the city for review. (b) Compliance with codes and standards. Interconnections shall not be fueled by nor connected to any non-qualified alternative energy sources. Interconnection customers shall comply with all applicable local,state,and federal codes such as building codes, National Electric Code (NEC), and National Electrical Safety Code(NESC)for the installation of an interconnection. Once operating,the city reserves the right to require the customer,at the customer's expense,to provide corrections, modifications, or additions to the interconnection as required or recommended by government or industry regulations and standards. The city will provide written documentation of the necessary changes and a time frame to complete. If the customer fails to comply with the changes in the specified time frame, the city will open and lock the interconnection. (c) Placement of customer-owned interconnection. To maintain the existing city distribution system's power quality and reliability,only one interconnection per distribution transformer will be authorized. (d) Power quality and reliability. The interconnection with the electric system shall not cause any reduction in the quality and reliability of service provided to other city customers. There shall be no generation of abnormal voltages or voltage fluctuations, and the harmonic content of the interconnection output must be below that level which would cause interference with other customer loads, other utilities, or city facilities and equipment. To minimize interference, the city requires the interconnection to meet the power quality standards presented in accordance with Section 10, Recommended Practices for Individual Consumers of the latest Institute of Electrical and Electronics Engineers(IEEE)Standard 519,IEEE Recommended r1..► Practices and Requirements for Harmonic Control in Electrical Power Systems. 15 CITY OF SEWARD,ALASKA ORDINANCE 2014-003 Page 10 of 20 In addition to meeting all requirements identified in this document, the interconnection shall comply with all city ordinances and resolutions,and latest IEEE 1547, IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems. (e) Testing. Prior to initial energization of the interconnection, an inspection and tests will be performed by both the interconnecting customer and city personnel. The purpose of the inspection and testing will be to determine if the generator and related equipment of the interconnection meets the minimum requirements described by IEEE 1547, IEEE 519, and UL 1741, Underwriter Laboratories Inc., Standard for Inverters, Converters, and Interconnection System Equipment for Use With Distributed Energy Resources. Based on the inspection, the city may elect to accept the installation and energize the interconnection. In the event that discrepancies are noted between the certified equipment and drawings previously provided to the city and the customer's system inspected by the city,retesting may be required. The customer shall be solely responsible for all costs associated with any retesting. (f) City inspection and customer maintenance records. The customer shall maintain the interconnection in good working order. The interconnection(i.e.,generator and associated equipment)is subject to inspection and retesting by the city upon reasonable notice each year after the unit is placed in service. The customer will assume full responsibility for the routine maintenance of the interconnection and associated protective devices. The customer shall maintain accurate records of all maintenance activities performed. These records shall record the date and time, the person(s) who performed the activities, and a brief description of the work. These records shall be made available to the city for inspection at all times upon reasonable notice to the customer. Failure to comply may result in the disconnection of the equipment or additional testing as outlined in subsection(e)above. The customer is solely responsible for all costs associated with any inspections and testing required. (g) Visible, lockable disconnect switch or electric break. An accessible, visible, lockable disconnect switch or electric break, whichever is applicable, is to be provided by the customer which is lockable in the open position only. This switch must be appropriately labeled,when locked in the open position for any of the following conditions, may be unlocked only by city personnel. The city will lock the switch in the open position under the following circumstances: (1) If it is necessary for the protection of line crew personnel when working on de-energized circuits during a system emergency; 16 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Sur Page 11 of 20 (2) If inspection of the interconnection reveals a hazardous condition or a lack of proper maintenance; (3) If the interconnection interferes with other customers,other utilities,or with the operation of the city's distribution system; (4) If the city determines that the interconnection has generated power from a non-qualified alternative energy resource; or (5) For general maintenance of the city's distribution system. The city will provide at least five days'notice,unless the circumstances warrant shorter notice, before locking the switch open for general maintenance as provided in condition (v) above. (h) Metering/billing. The customer shall install and maintain a kilowatt-hour meter, or meters,at the interconnection, capable of registering the bi-directional flow of electricity at the point of interconnection at a level of accuracy that meets all applicable standards, regulations, statutes, and ordinances. The meter(s) may measure such parameters as time of delivery, power factor, voltage, and such Show other parameters as the city shall specify. The customer shall provide space for metering equipment as specified by the city with the location of the meter(s)to be approved by the city. The customer is solely responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly meter the interconnection. (i) Nominal voltages and phasing. The generator nameplate voltage must be the same as one of the nominal voltages supplied by the city. The nominal voltages are 120/240 V single-phase, 120/208 V three-phase,and 277/480 V three-phase. If the generator nameplate voltage is different from the city's nominal voltages, the customer must supply a dedicated generator transformer that will provide the required nominal voltage. The required transformer connection, unless otherwise specified, is grounded wye-grounded wye. (j) Fault current increase and upgrading equipment. In general, installation of a new generator will increase the fault current level at the customer's electrical facility. This may require upgrading some of the customer's equipment. The customer will assume full responsibility of upgrading customer's own equipment. (k) Starting as induction motor. In general, induction generators start as motors; also,synchronous generators may be designed to start as motors. The customer- owned generator starting as a motor shall meet the motor starting requirements 17 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 12 of 20 Nerd prescribed by the city. The city may require the customer to provide, at customer's own expense, special or additional starting equipment. (1) Generating facility grounding. There are additional safety concerns that shall be addressed when considering circuit grounding of the interconnection interconnected to the city's utility system. To ensure proper grounding of the generating facility,the customer shall follow all applicable national,state,and local codes regarding grounding for applicable generating installations. (m) Synchronization. The interconnection must be synchronized with the city's utility system at all times and the customer shall be responsible for the cost and maintenance of all synchronization equipment. (n) Automatic disconnection, manual reset and authorized reconnection. The interconnection shall be designed to automatically disconnect and lockout when the city's service is interrupted for any reason. The device shall have a manual reset. Reconnection of the interconnection to the city's utility system shall be done only on Hot-Bus/Hot-Line/Sync-Check. Following verbal authorization by the electric manager or the electric manager's designee, reclose of the interconnection breaker (or interrupting device) is permitted. (o) Single phasing protection. The customer is advised that a phase-unbalance disturbance on the city's utility system can result in overheating of the interconnection. A negative-sequence-type relay (current or voltage) could be necessary to initiate tripping under phase-unbalance conditions and may also be used to block closing of the automatic disconnecting device if the city's utility system is single-phased. (p) Generating facility protection. The customer is fully responsible for the protection of the generator and all of its associated equipment. Protection should be provided for the customer's own equipment failures,faults,and other disturbances on the city's utility system. (q) Fault Detection and Automatic Isolation. To prevent an interconnection from supplying current to a fault on the city's utility system,the interconnection shall be equipped to provide isolation from the city's utility system for any fault occurring on the city's utility system. The automatic isolation shall be done prior to the city's breaker(or recloser)reclosing and within a reasonable period of time, typically less than two seconds (120 cycles). The customer is solely responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate 18 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 13 of 20 the interconnection from the city's utility system for any fault occurring on the city system. (r) Under/over voltage relay. To prevent any hazardous operating conditions, the interconnection shall be isolated from the city's utility system for any under- voltage(lower than 90 percent of nominal voltage) and over-voltage conditions (higher than 110 percent of nominal voltage) within two seconds (120 cycles). The customer is solely responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate the interconnection from the city's utility system for any voltage level described above. (s) Under/over frequency relay. To prevent any hazardous operating conditions,the interconnection shall be capable of disconnecting the customer's generation source from the city's utility system for any over-frequency and under- frequency conditions exceeding 60.5 Hz or below 59.5 Hz within 50 milliseconds (6 cycles). The customer is solely responsible for all costs associated with the purchase,installation,and maintenance of all equipment required by the city in order to properly isolate the interconnection from the city's utility system for any frequency deviation described above. (t) Dedicated distribution transformer. To ensure reliable service to other city customers and to minimize all possible problems for other city customers, the interconnection shall be interconnected to the city utility system through a dedicated-to-single-customer distribution individual transformer. This requirement may be waived by the electric department through written authorization when it deems it appropriate under the circumstances. Any cost associated to achieve dedicated-to-single-customer service shall be the customer's sole expense. (u) Single-phase generating facility on three-phase distribution transformer. A customer-owned single-phase generating facility 10KW or greater shall not be allowed to be connected to a city three-phase distribution transformer. (v) Surge protection. The customer is responsible for the protection of customer's interconnection from transient surges initiated by lighting, switching,or other system disturbances. (w) Future modification or expansion. Any future modification or expansion of the interconnection will require a separate review and approval by the city. (x) Reservation of Rights. The city reserves the right to require additional r interconnection requirements for interconnection of alternative power source 19 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 14 of 20 generating facilities in order to preserve the safety and integrity of the city's utility system. (y) Interruption of alternative power source energy deliveries. It is likely that the city will require alternative power sources to be disconnected from the city's electrical distribution system whenever the city is generating its own power. The electric department shall have the right at any time,without liability to the customer or any other person, to interrupt the alternative power source: (1) When reasonably necessary, in order for the electric department to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or any part of the electrical distribution system; or (2) If the electric department reasonably determines that interruption or reduction of deliveries or power is necessary because of a system emergency, a forced outage, Force Majeure, or other operational considerations. 14.15.416.- Electricity Consumption Offset; Billing and Payments. (a) All energy a customer receives from the city is purchased by the customer at the applicable rate found in the tariff. When a customer's interconnection delivers energy to the city, the customer's credit is as documented in the tariff. (b) If the city supplied more power than the customer during the monthly billing period, the customer will be billed for the net electric consumption at the rate established in the tariff. If the meter reading for power into the customer's facility is higher than the meter reading for power out of the customer's facility, the customer will be billed for the net electric consumption at the rate established in the tariff. (c) If the customer produced more power than the city supplied during the billing period, the customer will receive a credit, provided the customer is in compliance with this chapter and is current on amounts owed to the city. If the meter reading for power out of the alternative power source is higher than the meter reading for power into the alternative power source, the customer will receive a credit equal to the difference between the two readings,in the manner and at a rate as determined by the tariff. (d) Following disconnection,the city will bill for amounts owed or pay the customer for any net credit. The customer shall pay the reasonable costs of removal, relocation,modification, or renovation of any facilities or equipment required Nord 20 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 15 of 20 for interconnection with,or disconnection from,the city's electrical distribution system. 14.15.417. - Appeal Procedures. (a) Appeal board. (1) The Seward planning and zoning commission shall hear and decide appeals of an applicant who is denied interconnection, or a customer who is denied future modification or expansion of an alternative power source. The commission shall not address engineering or technical issues. (2) The commission shall have the authority to hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by an administrative official in the enforcement or administration of section 14.15.415, the city's building code requirements,and the city's zoning code requirements as they may relate to an alternative power source. %r (3) A party aggrieved by the decision of the commission may appeal such decision to the city council sitting as a Board of Review. (b) Time limitation. An appeal of a decision of the administrative official or the Seward planning and zoning commission must be filed within ten days of the action or determination being appealed. An appeal of a decision of the board of review must be filed within 30 days of the action or determination being appealed. Computation of the time period for filing an appeal shall commence with the date on which the action or determination is mailed or delivered to the parties involved. Any decision not appealed within these time limits shall become final. (c) Applications. The application for appeal shall be filed with the city clerk,except that appeals to the superior court shall be filed with the appropriate court officer with a copy to the city manager, shall be in writing, and shall contain, but is not limited to, the following information: (1) The name and address of the appellant; (2) A description of the action or determination from which the appeal is sought; and 21 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 16 of 20 sod (3) The reason for the appeal which must show a grievance to the applicant. The grounds for appeal shall be stated with specificity and include a reference to the legal authority giving rise to the dispute. (d) Filing fee. An application appealing actions and determinations of the administrative official or the Seward planning and zoning commission shall be accompanied by a filing fee as set by resolution of the council. (e) Appeal notice and hearing. (1) Upon receipt of a valid application appealing an action or determination of the administrative official or the Seward planning and zoning commission, the city clerk shall schedule an appeal hearing to be held within 60 days. All parties to the action or determination being appealed shall be provided with written notice not less than 15 days prior to the appeal hearing. Notice of the appeal hearing shall also be published in the manner provided for publishing notice of public hearings in section 15.01.040(a). (2) The hearing shall be open to the public. The hearing body may recess to a closed session to deliberate and prepare its findings of facts and conclusions of law;provided that fmal action shall be voted upon in open session. (3) An appellant may file with the clerk a written statement summarizing the facts and setting forth pertinent points and authorities in support of the points contained in the notice of appeal if such statement is filed not less than seven days prior to the date set for the commission's appeal hearing. The administration and any interested party wishing to file a written statement in rebuttal to the appeal may do so if such statement is filed not less than two days prior to the appeal hearing date. Copies of all memoranda, exhibits, correspondence, recommendations, analyses, maps, drawings, and other documents or exhibits must be submitted with, or within the time frame for, filing a written statement. (4) Parties to an appeal before the commission may present witnesses and testimony, as well as exhibits that have been filed in advance with the clerk. (5) An appeal hearing conducted by the board of review shall be on the basis of the record established before the commission and the record on appeal. The board of review may allow for oral presentations by the parties. A time limit may be established for such presentations. No new 'S 22 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 l Page 17 of 20 evidence shall be received or considered by the board. Appeals resulting from new evidence or changed circumstances shall not be heard by the board of review,but shall be remanded forthwith by the city clerk to the commission, which shall determine whether to rehear the matter or remand to the administration. (6) A record of appeal shall be prepared by the city clerk, shall be made available for public inspection in the clerk's office, and provided to the board of review not less than five days prior to the hearing, and shall consist of the following: (i) A verbatim transcript of the prior commission proceedings from which the appeal has been taken,if those proceedings were taped or otherwise recorded, or if the proceedings were not recorded, copies of any approved minutes, summaries, or other records of the proceedings; (ii) Copies of all memoranda, exhibits, correspondence, recommendations, analyses, maps, drawings, and other documents or exhibits submitted prior to the decision from which the appeal is taken; (iii) A copy of all prior written actions,determinations,and decisions, including findings and conclusions; (iv) A list of the names and addresses of all persons appearing as witnesses at prior hearings; and (v) Any written statements filed pursuant to subsection (e)(3). (1) Written findings and conclusions. (1) Within 60 days following an appeal hearing,the body hearing the appeal shall issue its decision in the form of written findings of fact and conclusions of law. (2) The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this code. The decision may affirm, modify, vacate, set aside, or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be just under the circumstances. 23 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 18 of 20 Ned (3) Upon express vote, the body hearing the appeal may adopt as its statement of findings and conclusions those findings and conclusions officially adopted by the body below from which the appeal was taken. (4) The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk,who shall promptly mail a copy to the appellant. 14.15.420.-Procedures and Application Process for Responding to Inquiries From a Customer for an Alternative Power Source Greater Than 25KW. (a) A request for interconnection of an alternative power source with a nameplate capacity of more than 25 KW may be subject to power sales agreements entered into by the city. The electric department shall notify the customer regarding what information must be provided to enable the city to determine what additional agreement terms and conditions are appropriate given the specific circumstances of the proposed alternative power source. Such information may include the following: (1) Detailed description of the alternative power source; (2) Precise location of the alternative power source; (3) Nameplate electric generating capacity, net electric energy output, and plant factor of the alternative power source; (4) Minimum and maximum availability of firm capacity and/or energy from the alternative power source during daily and seasonal peak periods; (5) Projected date on which deliveries of capacity and/or energy would commence; (6) Plans for alternative power source construction and fmancing, and the acquisition of all necessary property rights,permits,authorizations,and fuel contracts; (7) Expected and demonstrated annual and seasonal reliability of the alternative power source; (8) Periods of scheduled maintenance and outages; (9) Plans for dispatch ability of the alternative power source; Ntod 24 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 trow Page 19 of 20 (10) If applicable, plans for acquiring access to adequate firm transmission services and the terms and conditions of such access; and (11) Any other information to assist the city in evaluating the circumstances and determining appropriate terms and conditions. (b) After the customer has satisfied all requirements provided for in subsection(a) above, and following any approval that may be required by an entity that has entered into a power sales agreement with the city,a power purchase agreement is subject to approval by city council resolution. 14.15.41530. - Fossil Fuel Standby Generation. The city will not permit the interconnection and operation of fossil fuel standby generation facilities, such as diesel or gasoline engine drive standby generators,with its integrated distribution system under any circumstances. Diesel or gasoline driven standby generators shall be connected to the customer's load only through a double-throw switch that will prevent parallel operation with the • ' :• - electrical distribution system. When using on-site fossil fuel generation,the alternative power source must be disconnected from the electrical distribution system. The customer shall provide any equipment necessary to disconnect the alternative power source. 14.15.42035. - Customer Liability. (a) Accidents. The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain his equipment in a satisfactory and/or safe operating condition, and shall indemnify,defend,and save harmless the city from any and all claims, suits, losses, or damages for injuries to persons or property, of whatsoever kind or nature, arising directly or indirectly out of the operation of such equipment or by the failure of the customer to maintain its equipment in satisfactory and/or safe operating condition. (b) Digging permits or utility locate requests. The customer is solely responsible for the safety and security of city equipment on the customer's property whether in or out of a utility easement. The customer shall complete a digging pe::nit or utility locate request prior to any digging, drilling, driving into the ground, or any subterranean disturbance. If "locate required" is indicated on the forma, the customer shall not disturb the ground until all indicated locates are complete. The customer or his contractor shall not use mechanized equipment within two feet of any located utility. Failure to follow this procedure will make the customer liable to a$500.00 fine plus any cost to repair the facility. Digging permits and utility locates are available free of charge upon request and will be done expeditiously. 25 CITY OF SEWARD, ALASKA ORDINANCE 2014-003 Page 20 of 20 •old Section 3. This ordinance shall take effect ten (10) days following its enactment. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of May, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC sftlid City Clerk (City Seal) 26 Council Agenda Statement e of sets. Meeting Date: May 12, 2014 4' 474c-- 13 Okair 't—Z1 4 ,„\ To: Seward City Council wz;rorNs; 1CA—sv-P From: John Foutz through Jim Hunt Agenda Item: Ordinance Amending Title 14 of the Seward City Code to Provide for Interconnection of Small Renewable Energy Sources to the City's Electrical Distribution System BACKGROUND&JUSTIFICATION: The ordinance presented at this meeting would allow for small alternative renewable energy facilities to safely connect to the City's electrical system. This ordinance is designed to meet several goals. The ordinance includes safeguards to prevent the connection of small renewable energy sources from damaging the electrical system and the customer's equipment or negative effects to other electric customers. The ordinance limits the interconnection to small power sources with nameplate capacity of 25kW or less and sets forth an application procedure to ensure that the customer's needs are met,as well as the needs of the City and the City's other electrical customers. An appeal procedure is allowed,consistent with the appeal procedures in the Seward Zoning Code. The ordinance authorizes the Seward Planning&Zoning Commission to hear and decide appeals of an application which is denied interconnection. The Seward Planning&Zoning Commission is also authorized to hear appeals from applicants who may be denied based on zoning concerns. By having the Seward Planning & Zoning Commission address all appeals, the intent is to streamline all appeals for a potential applicant, providing better service to customers of the City. The ordinance allows for a net credit and a rate for excess energy produced by the customer while connected with the City's electrical system. The credit methodology will be determined by the City Council in the electric tariff. One goal is to provide credit earned by the customer in a manner that can be implemented by the Finance Department. INTENT: The intent of this ordinance is to allow interconnection of small alternative energy sources with the City's electrical system in a manner that will allow potential credit to the owner of small generation systems, and will allow interconnection in a manner that will protect the safety of all individuals and the integrity of the City's electrical system, as well as the interests of other electrical customers. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan ( 1. 3, 3. 7. 3. 1, 3. 7. 3. 2): Continue to upgrade and expand utilities to meet existing needs and encourage future 1. X 1411. development. Expand customer base within the Seward Electric Utility area as a means to reduce energy costs and improve services. 27 2 Strategic Plan:The mission of the City of Seward government it is to . X provide quality leadership and economic wellbeing of its citizens 3. Other(list): X ■wid FISCAL NOTE: It is not possible to estimate the financial impact of this action due to a number of unknown variables (e.g. i, the number of potential connections is unknown and it is impossible to estimate how much power each will produce.) However, in 2013, the City provided $3,146.33 in alternative energy credits Approved by Finance Department: ie44--;14-J 44.cia„,p) ATTORNEY REVIEW: Yes X No RECOMMENDATION: City Council approve Ordinance 2014- 005 amending Title 14 to allow interconnection of renewable energy sources of less than 25kW. ud ',Nod 28 Sponsored by: Planning and Zoning Commission Introduction Date: May 12, 2014 Public Hearing Date: May 27, 2014 Enactment Date: May 27, 2014 CITY OF SEWARD,ALASKA ORDINANCE 2014-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE §15.10.140.B SPECIFIC DEFINITIONS, §15.10.225 LAND USES ALLOWED AND §15.10.225 LAND USES ALLOWED TABLE; TO ALLOW MOBILE VENDORS AND ROVING VENDORS TO OPERATE ON CITY OWNED PROPERTY (AS DESIGNATED) AND WITHIN PUBLIC RIGHTS OF WAY WHEREAS, members of the public have requested code changes to allow mobile vendors and roving vendors on City parcels and within public Rights of Way; and WHEREAS, at the February 24, 2014 work session Council directed the Planning and Zoning Commission to hold public work sessions and develop new code provisions addressing mobile and roving vendors on City parcels; and WHEREAS, the Planning and Zoning Commission held public work sessions on March 11 and 18, 2014 to develop the new code provisions and on March 24, 2014 held a joint work session with Council to present and review the proposed new code provisions; and WHEREAS, at its April 15, 2014 special meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Portions of Seward City Code are hereby amended to read as follows: (Deletions are Bold Striketkr-eughs; Additions are Bold Italic Underline) 15.10.140 Definitions (B) B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: * * * 98. Vending. The sales of food, services or merchandise. 29 CITY OF SEWARD,ALASKA ORDINANCE 2014-004 Page 2 of 6 a. Hawking: is the loud or continuous audible solicitation of business by a vendor to the general public. b. Mobile Vending Cart: is a non-motorized structure or unit on wheels that is easily, moved and used for vending. c. Mobile Vendor: a person or business that sells food or permitted types of goods from City-approved locations using(i) a licensed vehicle or cart capable of movement; or(ii) a licensed trailer pulled behind a motor vehicle. d. Pre Packaged food: ready-to-eat food that is cooked, wrapped, packaged, processed, or portioned for service,sale or distribution. e. Roving Vendor; a person who offers only pre-packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. . Transient merchant Any person, partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating on oor-to- .. . , from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate exclusively from private property. (note: Transient merchant definition relocated. Previously 15.10.140. B. 95.) 15.10.225 -Land Uses Allowed Table (Deletions are Bold Strikcthronghs; Additions are Bold Italic Underline) 30 CITY OF SEWARD, ALASKA ORDINANCE 2014-004 Page 3 of 6 Districts: Principally Residential Principally Principally Commercial Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Mobile Vendor P P P P P P P P PP P Roving Vendor P P P P P P P P P P P 15.10.225 Land uses allowed. (a) (b) * * * Note: (c) Transient Merchants . . . becomes (e) and Livestock becomes (f) (c) Mobile Vendor as defined in section 15.10.140 B 98 Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 2. Mobile vendors may operate at designated locations, by permit. Policies and Procedures shall be set by resolution of the City Council. 3. The Seward Police Department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. 4. No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer, for sale, the following types of goods and services on public property: Food and/or non-alcoholic beverages; Handicrafts, artwork, jewelry or similar goods or Firewood. 6. Licenses: In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. 7. Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots. 31 CITY OF SEWARD,ALASKA ORDINANCE 2014-004 Page 4 of 6 8. Mobile vendor vehicles must be self-contained when operating, except for the Ned required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. 9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. 10. It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 11. Each mobile vendor vehicle shall provide the City of Seward with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will,give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permits vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 12. Any mobile vendor base station shall be properly licensed. 13. Mobile vendors shall comply with all City code, policy and procedures. Failure ∎,,, to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. 14. Mobile vendors shall display required permits and City business license in a prominent location on the Mobile Vending Cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (d) Roving Vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. 3. Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. 32 CITY OF SEWARD, ALASKA ORDINANCE 2014-004 Page 5 of 6 r 4. Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. S. Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than (30) minutes or in front of any premises for any time if the owner or lessee objects. 6. An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 7. The Seward Police Department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. 8. In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the State of Alaska, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate City zoning code. 9. Roving vendors shall comply with all traffic rules. 10. Each roving vendor vehicle must provide the City of Seward with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any roving vendor base station must be properly licensed. 12. Roving vendors shall comply with City code, policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license / permit by the City Clerk. 13. Roving vendors shall display required permits and City business license in a prominent location on the Mobile Vending Cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. 33 CITY OF SEWARD, ALASKA ORDINANCE 2014-004 Page 6 of 6 Niaid Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of May, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 'Nod Johanna Kinney, CMC City Clerk (City Seal) \id 34 Agenda Statement r, of sets. Meeting Date: Introduction: May 12, 2014 AVIItt.. Public Hearing: May 27, 2014 414-51-1* To: City Council Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code(SSC) §15.10.140 Definitions and §15.10.225 Land Uses Allowed;and§15.10.225 Land Uses Allowed Table to allow mobile and roving vendors to operate on city owned property (as designated) and within public Rights of Way. BACKGROUND & JUSTIFICATION: Members of the public have requested a code change to allow mobile vendors and roving vendors on City parcels and within public Rights of Way. On February 24,2014 Council held work session and directed Planning and Zoning to hold public work sessions and develop new code provisions addressing mobile and roving vendors on City parcels(as designated)and within certain public rights of way. Council requested the new code provisions be ready for the 2014 summer season if possible. ‘11.9 The Planning and Zoning Commission held several public work sessions on mobile vendors and roving vendors,specifically addressing new code provisions for the Seward City Code. Members of the public attended the work session and provided input in drafting the provisions. On March 25, 2014 the City Council and the Planning and Zoning Commission held a joint work session to review and amend the draft code provisions. On April 15, 2014 the Planning and Zoning Commission held a special meeting and approved Resolution 2014-06 recommending Council approve the attached Ordinance enacting new code provisions for Mobile and Roving Vendors. INTENT: Provide new code provisions for Mobile and Roving Vendors as designated City lands and within public rights of way. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: (2020): 3.2 Land Use 1 3.7.3 Continue to improve the quality and efficiency of city . X governmental services. • Continue to revise and update the Seward City Code Strategic Plan (1999): Goals and Objectives ‘litar 2 * Adjust local development regulations, where appropriate, to . X encourage development that is consistent with our economic base vision 35 As per City Code§15.01.040 Public Hearings;the public notice requirements were met. At the time of publishing this agenda, no further public inquiry had been received. 4.4ad FISCAL NOTE: There is no financial burden to the City for this amendment. Approved by Finance Department: 1,4,„.„," ATTORNEY REVIEW: Yes: X No RECOMMENDATION: Council introduce Ordinance 2014-004, on May 12, 2014 and conduct a public hearing and enact Ordinance 2014-004 on May 27, 2014 amending Portions of Seward City Code §15.10.140 Definitions; §15.10.225 Land Uses Allowed; and §15.10.225 Land Uses Allowed Table providing new code provisions for mot*and roving vendors. Naid 36 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, MODIFYING THE ELECTRIC TARIFF TO ADD LANGUAGE FOR NET METERED CUSTOMERS TO RECEIVE COMPENSATION FOR PRODUCING ENERGY WHEREAS, the City of Seward promotes the use of renewable energy; and WHEREAS, the interconnection of alternative energy to the City's electric distribution system should be allowed, provided that the renewable generation sources do not adversely affect the City's system, can be done safely and can be delivered without any negative effects to other electric customers; and WHEREAS, the modification to the electric tariff would allow for the City to reimburse customers who generate renewable energy into the distribution system; and WHEREAS, Seward City Code § 14.15.410 is being modified to allow the connection and net metering of renewable energy; and WHEREAS, a customer who generates renewable will receive net metered compensation per month up to the total kilowatt hours supplied by the City; and WHEREAS, a customer who generates renewable will receive the non-firm avoided cost rate per month for excess power into the City's electric grid; and WHEREAS, the non-firm avoided cost rate is the industry standard for compensation to the customer for the purchase of excess power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby finds that it is in the public interest to modify the electric tariff to calculate the net effect of power by the utility into a customer's service less the power produced by the customer. Section 2. The Seward City Council hereby finds that it is in the public interest to modify the electric tariff to credit back to customers that interconnect renewable energy by a rate calculation known as the non-firm avoided cost for the excess energy placed into the City's distribution system. Section 3. The City Manager is hereby authorized to change the Electric Rates & Charges 2014 tariff to add the following under "Definitions and Miscellaneous Charges": 37 CITY OF SEWARD, ALASKA RESOLUTION 2014-047 ■urd "Alternative Power Rebate: kWh generated by an alternative power source will be deducted from the kWh supplied by the City of Seward distribution system on a per month basis. Any excess energy generated and placed onto the City's distribution system will be credited at the non-firm avoided cost rate established by the Regulatory Commission of Alaska." Section 4. This resolution shall take effect ten days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of May, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) `ved 38 Agenda Statement e 0c s1, A 4t ta Meeting Date: May 27,2014 o 5 tlar 11,7;q To: Seward City Council 141-sv-P Through: Jim Hunt, City Manager From: John Foutz, Electric Utility Manager Agenda Item: Amend the Electric Utility Tariff to allow for reimbursement of small renewable energy sources 25kw or less to the City's electric distribution system. BACKGROUND&JUSTIFICATION: The ordinance presented at this meeting would allow for small alternative, renewable energy facilities to safely connect to the City's electrical system. The tariff requires updating to refie'd th6 new ordinance. The revised electric tariff establishes'a mechanism to pay customers who produce energy, and feed into the City's electric utility grid, a reasonable rate. Although not regulated by the Regulatory Commission of Alaska("RCA"),the City has chosen to mimic the net metering regulations recently established by the RCA. If the City of Seward supplies more electric energy to a net metering customer during the month than the customer supplies to the utility, then the City will bill the customer for the number of kilowatt hours of net energy used. If a customer supplies more electric energy to the City than the utility supplies to the customer, then the City will credit the customer's account. The rate of return, referred to as the avoided cost, will be credited to customers who generate more energy than consumed. The size of the customers systems is limited to 25 kilowatts, which is the same limit set by Homer Electric. The title 14 ordinance Iitnits the number of interconnections per substation circuit and potential customers will be considered on a first come,first serve basis. The City has an amendment in place to the power purchase agreement with Chugach electric to allow systems over 25 kilowatts up to a total of 300 kilowatts to sell power to Chugach electric at their avoided cost rate. INTENT: The purpose of Resolution 2014-047 is to allow interconnection of small alternative energy sources with the City's electrical system in a manner that will allow potential credit to the owner of the small generating system. The Ordinance was introduced on May 12, 2014 and the Resolution and Ordinance are scheduled for adoption on May 27, 2014. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan ( 1. 3, 3. 7. 3. 1, 3. 7. 3. 2): Continue to upgrade 1 and expand utilities to meet existing needs and encourage future . X development. Expand customer base within the Seward Electric Utility area as a means to reduce energy costs and improve services. 2 Strategic Plan:The mission of the City of Seward government it is to . X /411.■ provide quality leadership and economic wellbeing of its citizens 3. Other (list): X 39 FISCAL NOTE: It is not possible to calculate the financial effects on the electric utility because of too many unknown variables. It is not known how many connections will be requested and how much power they will produce. Approved by Finance Department: kKiL4-A. "0 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2014-047,making the corresponding changes to the Electrical Tariff to allow compensation to net metered customers for interconnection of renewable energy sources of less than 25kW. 'Nod 40 C11 UGACH ELECTRIC ASSOCIATION,INC P.0.BOX 196300 CHUG A ANCHORAGE,AK 99519-6300 (907)563-7494 FAX(907)562-0027 POWERING ALASKA'S FUTURE City of Seward Invoice Date: April 4,2014 Attu: Joint Foul: Invoice No: SF.S--0314 P.O.Box 167 Account No: 1422013000-2101 Seward,Alaska 99664 Page lof2 Seward Rleclric System Billing demand and energy from March 1 at 00:01 to March 31,2014 at 24:00 per Chugach Electric Association,Inc.electronic readings. Detailed load information for this invoice is available online at httpJ/emeter,chugacheleclzie.eom. Description Units Rate per Unit Amount Customer Charge 2 Meters $150.00 S300.00 Demand Charge 9,437 kW $12.63 $119,189.31 Energy Charge 5,493;393 48V11% $000861 MOSS L. Fuel and Purchased Power Costs-February 2014 $232,069.00 Subtotal $398,858.15 Alaska Energy Authority Bradley Lake Credit adjustment-February 2014 Matta 3 Alaska Energy Authority Bradley Lake Credit-Mar 2014 WM/0.Q) AVTEC Wind Turbine Purchases Credit-Mar2014 4,501 kWh $0.04453 WM 3 Total Amount Due $381,333.72 I The February Bradley Lake Credit amount due Seward should have been$15,685,instead of S 14,046.This amount reflects the difference. Example for calculating Non-Firm Avoided Cost Rate(also known as Non-Firm Purchase Power Rate): L 3 ( + Fuel Charge—Wrecks) = Non-Firm Avoided Cost Kilo-Watt.Hour:, (47299.84+232069.00— 1639.00—15685.00—200.43) = $0.0476636 5,493,593 Non-Firm Avoided Cost Rate =$0.04766 per kWh For Example month NOlow 41 r of St City of Seward,Alaska 2014 Utilities Tariff *440 Electric Rates & Charges NIS 42 OF SFk � City of Seward,Alaska 2014 Utilities Tariff 4�,, 4t�sFP rr ELECTRIC RATES & CHARGES RATES FOR ELECTRICAL POWER BY CLASS OF SERVICE Class of Service Energy Charge Demand Charge Monthly Operations& Infrastructure Residential $0.12036/kWh N/A $19.60 Small General Service $0.13890/kWh N/A $39.20 (Less than 25 kW) Large General Service $0.09939/kWh(1st 200 kWh/kW) $20.79/kW* $39.20 $0.05968 (Additional kWh) $8.81 (175 watts) Yard Lights N/A N/A $13.07 (250 watts) $24.89 (400 watts) $62.23 (1000 watts) Street Lights $0.16391 N/A $39.20 * Demand Charges will be based on the maximum demand recorded over a 15-minute period. These rates are based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. Effective January 1, 2012 and each January 1'thereafter, rates will be adjusted based on a five-year average of the cost of living as stated in the consumer price index, all items, 1982-84 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2014 will utilize CPI Data from 2007-2011). A Small General Service customer may elect to be billed under the Large General Service schedule. However, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric Association directly distributed to Seward Electric Utility customers prorated according to the number of kWh the customers consumed during the billing period. Seward Fuel Adjustment: The cost of operating the standby generation plant, including fuel, labor, maintenance and repair when it exceeds the amount budgeted to date for the fiscal year. The cost will be prorated according to the number of kWh the customer consumed during the billing period. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, Sow Effective June 6,2014 Chapter 2,Page 1 of 4 43 C1._1!��99Q City of Seward,Alaska 2014 Utilities Tariff provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, 'N termination charges and power factor. Special contracts must be approved by the City Council. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: (1) Demand-metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher.Also,the following charge for billed kilowatts will apply: Monthly Billing Demand=Maximum Demand x 90% Actual Power Factor (2) All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals,at the discretion of the City. Standby Generation: The cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities can be found on the following pages, as well as engineering service fees and charges for new facilities. Fees are listed according to service zones as follows: ZONE I Inside City Limits(excluding the Small Boat Harbor). ZONE II City limits to Mile 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. APUC Regulatory Cost Charge: A special surcharge of$0.000626/kWh imposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. Alternative Power Rebate: kWh generated by an alternative power source will be deducted from the kWh supplied by the City of Seward distribution system on a per month basis. Any excess energy generated and placed onto the City's distribution system will be credited at the non-firm avoided 4 cost rate established by the Regulatory Commission of Alaska. Effective June 6,2014 Chapter 2,Page 2 of 4 44 P4° F SFW City of Seward,Alaska 2014 Utilities Tariff �ASKr EXISTING FACILITIES SCHEDULE OF FEES AND CHARGES Service Zone I Zone II Zone III Meter Testing,per test, previous test occurred within $65.33 $91.47 $117.59 the last 24 months Reconnection to approved existing meter installation $26.13 $32.67 $39.20 Reconnection to approved existing meter installation $182.92 $222.11 $261.30 outside regular business hours New connection fee $195.99 $195.99 $195.99 Minimum Deposit-Residential Account $107.73 $107.73 $107.73 Minimum Deposit-Commercial or Industrial Account $215.46 $215.46 $215.46 The larger of The larger of The larger of twice the twice the twice the Deposit- Interruptible, Off-Peak Account estimated estimated estimated monthly bill or monthly bill monthly bill $215.46 or$215.46 or$215.46 Tampering with or unauthorized breaking of meter seal $653.25 $653.25 $653.25 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $31.11 $31.11 $31.11 Monthly late fee on delinquent account $5.75 $5.75 $5.75 Dishonored check fee $36.75 $36.75 $36.75 Reconnection during regular business hours following $52.26 $65.33 $78.40 disconnection of delinquent account Reconnection outside regular business hours following $182.92 $222.11 $261.30 disconnection of delinquent account `b✓ Effective June 6,2014 Chapter 2,Page 3 of 4 45 $C---st City of Seward,Alaska 2014 Utilities Tariff 4 .a.• NEW FACILITIES-ENGINEERING SERVICE CHARGES N.std SCHEDULE OF FEES AND CHARGES Service Zone I Zone II Zone HI Temporary secondary service $65.33 $78.40 $91.47 Primary Overhead Extensions (Residence) $65.33 $78.40 $91.47 Primary Underground Extensions (Residence) $65.33 $78.40 $91.47 Secondary Service $65.33 $78.40 $91.47 Primary Overhead Extensions(Subdivision,Mobile $130.65 $156.78 $182.92 Home Park, Multi-Residence) Primary Overhead Extensions (Commercial & $261.30 $313.56 $339.70 Industrial) Primary Underground Extensions (Commercial& $261.30 $313.56 $339.70 Industrial) "lead Modifications of Existing Facilities $130.65 $156.78 $182.92 Street Lighting Systems and Yard Lights $65.33 $78.40 $91.47 NOTE: The Zone Fee or Charge is non-refundable until the service is connected. If the service is constructed and connected,the charge will be adjusted to the actual cost of engineering services. 'N100 Effective June 6,2014 Chapter 2, Page 4 of 4 46 Sponsored by: Hunt +► Postponed to: May 27, 2014 CITY OF SEWARD, ALASKA RESOLUTION 2014-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,APPROVING TEEN AND YOUTH CENTER DAY CAMP FEES WHEREAS, the 2012/2013 Budget included an increase in estimated TYC revenues associated with an increase in day camp fees. This fee increase resulted in an unexpected 50% decrease in day camp participants in the summers of 2012 and 2013; and WHEREAS, the City's original intent was twofold; a) to assist low-income and middle- income families by offering a sliding fee discount; and b) to demonstrate the value of the program through increased fees for other families; and WHEREAS, the revised fee structure did reduce the burden on lower-income families but also resulted in a significant decline, by more than half, in program participation; and WHEREAS, the overall goal and mission of day camps is to provide Seward's youth with a safe and supervised place to recreate, learn, grow and improve their physical, social, and emotional health; and WHEREAS, our goal is to increase program participation to reduce at-risk youth behaviors and to provide more children with healthy recreational options. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. TYC day camp fees are amended as follows: Earlybird Regular Day Camp: $50 per week; Non-Earlybird Regular Day Camp fees $60 per week and $70 per week for Regular Day Camp late payment. Earlybird Adventure Camp: $90 per week; Non-Earlybird Adventure Camp fees $100 per week and $120 per week for Adventure Camp late payment. Section 2. TYC Program Revenues budgets for 2014 and 2015 require no adjustment. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of May, 2014. 47 Council Agenda Statement e of stk. Meeting Date: May 12, 2014 °�; . o Through: City Manager Jim Hunt tAS� From: Karin Sturdy, Parks & Recreation Department Director Agenda Item: Teen & Youth Center Day Camp Fees Roll-back BACKGROUND & JUSTIFICATION: The parks and recreation department provides children with healthy and safe summertime recreation choices.We provide active recreation programs to engage minds,bodies and social connections for the health of our children and community. We take pride in our camps and regret the loss of too many families and too many children since our recent fee increases. Attached is documentation from earlier discussions regarding Teen & Youth Center (TYC) day camp fees. In 2012, to reduce program subsidies, the department recommended an increase in TYC day camp fees. At the same time, we implemented a sliding fee scale for low-income and medium-income families. During 2013 summer camps,only one family utilized the sliding fee scale,while between two and six families each week were awarded various donor-provided scholarships. One family received financial assistance from the State of Alaska. Unfortunately,as a result of the fee increases, summer program participation dropped by just over one-half(see attached chart). The purpose of this resolution is to restore fees to their 2011 levels,while maintaining the sliding fee scale to assist low-income and medium-income families. The parks and recreation department recommends a roll-back in fees, as follows: Regular Day Camp (RDC) Earlybird fee (paid three (3) weeks early) $50 per week Regular fee (due six (6) business days prior to camp) $60 Late fee (any time after the deadline, as space allows) $70 Note: The current fee is $100 per week. Adventure Camp (AC) Earlybird (paid three (3) weeks early) $90 per week Regular fee (due six (6) business days prior to camp) $100 Late fee (any time after the deadline, as space allows) $120 Note: The current fee is $150 per week. INTENT: Provide the community with quality affordable recreation programs for students during out-of-school time by reducing the prices, with the goal of assisting as many families as possible. 48 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2.2 Community Values. Recreation, page 11 "We 01101. value diverse, year-round, indoor and outdoor recreational 1. X opportunities for residents and visitors of all ages and socioeconomic backgrounds" Strategic Plan: Vision Statement: "healthy, vibrant community with a strong, diverse economy with quality business, educational and recreational opportunities" (reiterated pg 12) Pg 8: "promote winter activities,"Pg 19: 2 Provide adequate funding for a financially sound city government. The City of . X Seward is a fiscally responsible entity which utilizes creative and responsible funding alternatives. "Maintain and enhance medical and social services. "We are a community that provides an integrated array of health care services designed to protect and improve the quality of life for all citizens." 3. Other (list): Not listed in 1993 SPRD Master Plan X FISCAL NOTE: The impact of a reduction in fees is difficult to estimate because we do not know how many additional families will return to the program,but given that we have lost approximately one-half of the program participants, it is likely that a fee reduction could result in no overall reduction in revenues. Approved by Finance Department: L. - ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2014- reducing TYC day camp fees to previous levels. 49 Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2014-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A MOBILE VENDOR AND ROVING VENDOR POLICY FOR PERMITTING VENDORS ON CITY-OWNED PROPERTY WHEREAS, each year the city receives numerous requests from individuals interested in vending on city land; and WHEREAS, the City Council met in a work session on February 24, 2014 and directed the Planning and Zoning Commission to provide a recommendation on allowing mobile vendors on city property, including sales in the campgrounds; and WHEREAS, after numerous work sessions and a special meeting, the Planning and Zoning Commission approved Resolution 2014-06, recommending the City Council amend portions of the City Code to allow mobile and roving vendors on city-owned property; and WHEREAS, Ordinance 2014-004 was brought forward to the City Council for introduction at their May 12, 2014 City Council meeting with a public hearing and possible enactment scheduled for this May 27, 2014 meeting; and WHEREAS, in addition to the allowances proposed, Ordinance 2014-004, also states any policies and procedures of mobile and roving vending shall be set by resolution of the City Council; and WHEREAS, a draft policy went before the City Council at their May 12, 2014 meeting for review; and WHEREAS, the final policy is before the council with their additional directives incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. By this resolution the City Council adopts a mobile vendor and roving vendor policy, attached and incorporated herein as Attachment A. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th , 50 CITY OF SEWARD, ALASKA i`y RESOLUTION 2014-048 day of May, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: err Johanna Kinney, CMC City Clerk (City Seal) fir.• 51 Council Agenda Statement 4-4 Of SFly Meeting Date: May 27, 2014 V %-, __ =� raid To: Mayor and City Council l P From: Johanna Kinney, City Clerk Agenda Item: Approving the mobile and roving vending policy BACKGROUND & JUSTIFICATION: In February, 2014, the City Council directed the Planning and Zoning Commission to recommend allowing mobile vendors on city-owned land. Since that time, the commission has met numerous times to discuss this subject. At a special meeting of April 15, 2014,the commission passed a resolution recommending council change the code by ordinance to allow mobile and roving vending on city owned property. Ordinance 2014-004,which was introduced at the May 12, 2014 council meeting and is before you this evening for public hearing and enactment,refers to additional policies and procedures to be set by resolution of the City Council. Since they issue city business licenses,the City Clerk's Office intends to process and issue vending permits as well. The City Council had an opportunity to review a draft policy at their May 12,2014 meeting and provided helpful feedback,which is incorporated in this document for approval tonight. ,,,,d INTENT: The intent of this resolution is to coincide with the changes of City Council Ordinance 2014-004 in allowing mobile and roving vending on city owned property and provide a set of policies for the city and vendors to adhere to. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2.1, COMMUNITY VISION AND VALUES FOR 2020: Building on its impressive heritage and natural setting, the community's vision for itself includes: an attractive, healthy, vibrant 1 community; a strong diverse economy with quality business, educational X and recreational opportunities; a process for orderly growth; and an appreciation of local history, culture, and community. 3.1 ECONOMIC DEVELOPMENT, 3.1.1: Attract new business and industry to the greater Seward area. Strategic Plan: Our Vision (Page 2): Building on Seward's heritage and impressive natural setting the community's vision for Seward includes: an attractive, healthy, vibrant community; a strong diverse economy with X 2' quality business, educational and recreational opportunities; a process for od orderly growth; and an appreciation of local history, culture and sense of `" community. 52 3. Other (list): X FISCAL NOTE: There will be administrative costs associated with implementing the proposed vendor policy. The intent of the proposed $50 filing fee and $250 permit fee is to cover the administrative costs associated with permitting mobile and roving vendors. These fees also encourage a commitment by the applicant to comply with the application requirements to obtain a vending permit. Approved by Finance Department: Avd-._ ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2014-(r‘, establishing a policy for mobile and roving vendors on city-owned property. 53 City of Seward Mobile Vendor and Roving Vendor Policy As Approved by City Council Resolution 2014-048 PURPOSE The purpose of this policy is to provide rules and regulations for the allowance of mobile vending and roving vending on city-owned property. This policy is developed in accordance with Seward City Code Section 15.10.140 (Definitions) and Section 15.10.225 (Land Uses Allowed and Land Uses Allowed Table) and will be provided to prospective vendors as part of the application packet. Vending Permit Applications Applications for a vending permit will be accepted by the City Clerk beginning October 1St each year for the following year (with the exception of the first year, which will be June 16, 2014). Vending permits are non-transferrable and are not eligible for subleasing. Vendors may surrender their permit at any time by submitting a written statement to the City Clerk. Insurance Each vendor shall be required to provide a Certificate of Insurance with the City of Seward as an Additional Named Insured for a Commercial General Liability policy with coverage for $2 million aggregate/$1 million per occurrence, Commercial Auto, and Workers Compensation (if business has employees). If the business has employees, state law requires Workers Compensation insurance. Subsequently, the City of Seward will additionally require the vendor provide a Waiver of Subrogation. A review of the permit application will be conducted by the city's Risk Manager (in cooperation with the city's insurance provider) to determine if Product Liability insurance will also be necessary. If this additional insurance coverage is required, the City Clerk's office will notify the permittee in writing of this requirement. Food vendors agree to comply with all state and federal regulations necessary for proper food handling requirements. Mobile Vendor and Roving Vendor Policy City of Seward,Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A 54 Indemnification Additionally, prior to acceptance of their permit, each vendor shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. General Standards of Operation In addition to the requirements outlined in the Seward City Code: Vendors shall keep their site free of litter at all times. Trash may not be deposited in any trash bin or receptacle without express permission from its owner. • Vendors must park their vehicles and equipment within the traffic patterns recommended by staff and in accordance with all traffic laws. Renewals The city shall treat applications for renewal of permits in the same manner as an original application. Suspension Or Revocation Of Permit And Appeals In addition to the requirements of a mobile and or roving vendor listed in this policy and in Seward City Code Section 15.10.225, the City Clerk may revoke, suspend or otherwise restrict a permit for the same reasons listed for business licensing in Seward City Code Section 8.30.035. Additionally, the permittee will have the same hearing and appeal rights as outlined for a city business license in SCC 8.30.035 and 8.30.040. MOBILE VENDING Applications Permits shall be issued on a first-come, first-served basis. Applications will be date- and time- stamped as they are received, and will be maintained by City Clerk's office in the order in which they were received. A $50 non-refundable filing fee is required to submit a permit application. Only one mobile vending permit per person or business will be issued at any given time. A vendor may submit Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27,2014 Attachment A 55 applications for multiple permits in order to be put on the waitlist for different locations. If an applicant receives a mobile vendor permit, they may remain on other waitlists for any other Nod locations and have the option of changing locations provided they surrender their current location upon written notification to the City Clerk. Permit applications must be processed and issued within a thirty (30) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the thirty (30) day processing period, the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a mobile vending permit which has been issued for a certain location and which has been revoked or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed for that location. Locations The City of Seward shall designate seven (7) mobile vending locations and boundaries within city limits as follows: 1. Washington Street— 10 x 20 feet 2. Waterfront Park Campground— 10 x 20 feet 3. Waterfront Park Campground— 10 x 20 feet 4. South Harbor Uplands— 10 x 20 feet 5. South Harbor Uplands— 10 x 20 feet 6. Seward Marine Industrial Center—20 x 20 feet 7. Seward Marine Industrial Center—20 x 20 feet Please refer to Maps #1 — #4 attached to this policy for specific site locations. Each site's boundaries will be clearly marked, and will be signed as a designated mobile vending location with the hours of allowable operation. Vendors are required to operate within their designated areas only. The Washington Street site is designated in the downtown business district and will be permitted to operate between 10:00 p.m. and 6:00 a.m. Mobile vending in this location will not be permitted during the Annual Fourth of July Festival conducted by the Seward Chamber of Commerce and Visitors' Bureau. Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27,2014 Attachment A 56 The hours of operation for all other sites will be 6:00 a.m. to 10:00 p.m. Permit Term The term of a mobile vendor permit shall be from May 1 to October 31, with the exception of the two Seward Marine Industrial Center spaces, which shall be valid from date of issuance or January 1, whichever is later, through December 31. ROVING VENDING A $50 non-refundable filing fee is required to submit a permit application. Multiple roving vendor permits are allowable. Permit applications must be processed and issued within a thirty (30) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the thirty (30) day processing period, the permit application becomes null and void. iiirev Locations Seward City Code 15.10.225(d)(1) designates roving vendors shall not vend on any public street where the legal speed limit exceed 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. Please refer to Maps #5— #6 attached to this policy for specific route exclusions. Permit Term The term of a roving vendor permit shall be valid from date of issuance or January 1, whichever is later, through December 31. vklirw Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A 57 t�'_C.40J C :, City of Seward Mobile Vendor and Roving Vendor Policy As Approved by City Council Resolution 2014- PURPOSE The purpose of this policy is to provide rules and regulations for the allowance of mobile vending and roving vending on city-owned property.This policy is developed in accordance with Seward City Code Section 15.10.140 (Definitions) and Section 15.10.225 (Land Uses Allowed and Land Uses Allowed Table) and will be provided to prospective vendors as part of the application packet. Vending Permit Applications Applications for a vending permit will be accepted by the City Clerk beginning October 1st each year for the following business-year(with the exception of the first year,which will be June 16, 2014). Issued.perrt3 ..a:eSr...{•k e-rert aifidef-of•tl tt ealentlaf-year;regarelless°<>f the-date they weve-is i+et Vending permits are non-transferrable and are not eligible for subleasing. Vendors may surrender their permit at any time pfier-te--yeaf-enti--by submitting a written statement to the City Clerk. Insurance Each vendor shall be required to provide a Certificate of Insurance with the City of Seward as an Additional Named Insured for a Commercial General Liability policy with coverage for $2 million aggregate/$1 million per occurrence, Commercial Auto, and Workers Compensation (if business has employees). If the business has employees, state law requires Workers Compensation insurance. Subsequently, the City of Seward will additionally require the vendor provide a Waiver of Subrogation. A review of the permit application will be conducted by the city's Risk Manager(in cooperation with the city's insurance provider) to determine if Product Liability insurance will also be necessary. If this additional insurance coverage is required,the City Clerk's office will notify the permittee in writing of this requirement. IDR,44/1:.Mobile Vendor and Roving Vendor Policy City of Seward,Alaska Resolution 2014-XXX E f f e c t i v e/d noaIuk.Z',J(il .Jtgchtnen(.1. 58 Food vendors agree to comply with all state and federal regulations necessary for proper food handling requirements. Indemnification Additionally, prior to acceptance of their permit, each vendor shall execute an instrument under the terms of which the permittee shall agree to indemnify,defend,and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. General Standards of Operation In addition to the requirements outlined in the Seward City Code: .--Vendors shall keep their site free of litter at all times. Trash may not be deposited in any trash bin or receptacle without express permission from its owner.,„ I Formatted:Strikethrough [-Formatted:Indent:Left: 0.5" • Vendors must park their vehicles and equipment within the traffic patterns recommended by staff and in accordance with all traffic laws. Renewals J.he city shall treat <Ipplit:ations for renewal or,permits in the same manner as in ; (Formatted:Font:Not Bold,No underline . WTI 1,Formatted:Justified {Formatted:Not Highlight Suspension Or Revocation Of Permit And Appeals '1 Formatted:Font Not Bold,No underline In addition to the requirements of a mobile and or roving vendor listed in this policy and in Seward City Code Section 15.10.225,the City Clerk may revoke,suspend or otherwise restrict a permit for the same reasons listed for business licensing in Seward City Code Section 8.30.035. Additionally, the permittee will have the same hearing and appeal rights as outlined for a city business license in SCC 8:30.035 and 8.30.040. MOBILE VENDING Applications r)R:41.=1=Mobile Vendor and Roving Vendor Policy City of Seward,Alaska Resolution 2014-XXX Effective Irlefx'ih10:1',201.! 4mn.irn ent.4 59 'god Permits shall be issued on a Omt-cnme, first-served basis. Applications will be date- and time- `tampuduotheymereceivod,undvvi||homaimainudhyOtyClcdk`ooOjoeindhoovdcrinwhich they were received. & Thmry is'$50 non-refundable n{3--filing fee is required to 141,-+subm4ti-ng-xuhmit a permit app|ioa6on.U*we+mer*Dn|y one mobile vending permit per person or business will be issued at any given time. A vendor may submit applications for multiple permits in order to be put on the waitlist for different locations. If an dorpe �other ����any...other locations and have the option of changing Jocationsplovkled 1ha surrender their current location upon written notification to the City Clerk. s-hu+o,.*e-om-e[ begins to--1,10--pFeco:������-appl4atiomx-for - ' "aUonki+*�4.- Permit applications must be processed and issued within a thirty (30) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written noduo, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, A..waste, ln nd$fAA-2JD_pnnnitCnnmxdcpuyah|o»otheCityofSowuvd. lf/hcxocriteria are not satisfied within the thirty(30)day processing period,the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a �� mobile vending permit which has been issued�nuoeuun location and which has been revoked �aNr or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed for that location. Locations The City of Seward shall designate seven (7) mobile vending locations and boundaries within city limits as follows: 1.Washington Street-10 x 20 fee 2.Waterfront Park Campground- 10 x 20 feet 3. Waterfront Park Campground- 10 x 20 feet 4. South Harbor Uplands- 10 x 20 feet 5.South Harbor Uplands- 10 x 20 feet• 6. Seward Marine Industrial Center-20 x 20 feet 7.Seward Marine Industrial Center-20 x 20 feet Please refer to Maps#1-#4 attached to this policy for spec/ic site locations. /)k,4l4.Mobi/e Vendor and Roving Vendar Pa/icy City of Seward,Alaska Resolution 2014-XXX Effe"/vefdetk-ligac4I_221,:t ------'--'-__-- -_-__A uudnent 4 60 1 Each site's boundaries will be clearly marked,and will be signed as a designated mobile vending location with the hours of allowable operation. Vendors are required to operate within their designated areas only. The Washington Street site is designated in the downtown business district and will be permitted to operate between 10:00 p.m. and 6:00 a.m. Mobile vending in this location will not be permitted during the Annual Fourth of July Festival conducted by the Seward Chamber of Commerce and Visitors' Bureau. The hours of operation for all other sites will be 6:00 a.m.to 10:00 p.m. Permit Term Formatted:Font:Bold :I he term of a mobile vendor permit shall be from May I to October 3 I. with the exception of the two SeNkard Marine Industrial Center spaces which shall be valid from date of issuance or January I which CVO'is later, through December 3 i_ ROVING VENDING =lslsere-is_--r o—A_._,ti 50t on-refundable.....filing..._fee is.....required..__to.._submit...forsu-lx nittiDg_.-a permit application.Multiple roving vendor permits are allowable.Permit applications must be processed and issued within a thirty(30)calendar day period.This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a..._waste tlana;ement__,plan. and $4O0-25t._„permit fee made payable to the City of Seward. If these criteria are not satisfied within the thirty (30) day processing period,the permit application becomes null and void. Locations Seward City Code 15.10.225(d)(1) designates roving vendors shall not vend on any public street where the legal speed limit exceed 25 miles per hour,or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. Please refer to Maps#5—#6 attached to this policy for specific route exclusions. Permit Terra i l 4d4 Mobile Vendor and Roving Vendor Policy City of Seward,Alaska Resolution 20/4-XXX Effective lel.raefA/at_17,191_4 ..4nach,ncnt,_l. 61 md term of a rovinar_vendor_permit shall be valid from date of issuance or kmuaryl. whichever it;later througt December31. DR.4I41Mobile Vendor and Roving Vendor Policy City of Seward.Alaska Resolution 2014-XXX Effective IdatelAlux.g1,291...t Attachment A NINO 62 s iirr • a wiz ■r. F7; ... „se_ 4"...... Iii, , _ iii,_ ii TI ... _r 44411 . 0 rpm- Alai 14 ■ fit 10 IA morl di..411116.e.11111114 r :" • al ", lir it NI tra! rt � 1 • -- i o • -IIM r r- C t _ = 1' = . _ • aaa�" Q _ a) s iiPr i P . •. .n Street lb ' Location 1 dr 0 4 1 allai �P, "�.' 1, f •' i a II ay PJer - fill, EV"‘\14 II ' - ' . . 41111 . iii, - r .. { , I lot. *w i it A II Fai ..4. �. _ 4 / Washington Street /Fw Attachment to Reso. 2014-Se ...--\Mobile Vendor Locations �tr� '�a o N vendor space size 10 x 20 feet Due to different data sources property lines and aerial 4 0 110 220 Feet imagery do not overlay correctly. Map is to be used for q P Map , orientation and reference purposes only. . 1 Mapping Assistance by Alaska Map Company, LLC INNi •Strell • SIM e fir . 4106 or y jT; f. .4■ MI IMO - SR oil 6 eat . :II 4 • .6 • 1 .. ,..„1... 1 ... I , till ilIl i it . r 'I 1...., ..7_ 401111104.ft -Ili -. Location 3 rI ; . • t• RI 1 401011. / iii 10 fit a oin iii is ...., Ca t - a ar 6 m *lit � tir is .... - I r1N /r Jefferson Street _ _ _.__ A • all t________fir, As '' Location 2 •• e.a a ' r 4 Wate"•ro ,..••.. 11 Due Mobile Vendor Park to different ndoP L p '► data sources Catipns orientation and over/ay reference grope 0oF sF pU poseM pis to bed aerial �` '''"' , attaC ►11e s ont , used for � �� h nt to y Reso. vendor 2014. 9=SK P' Zap � spac o size 10 X 20 feet Mapping Assistanc 220 Feet e by Alaska Map Company LLC INN! . I :Ai/1104110 ,,,, 163 N„,,. . _ _ _ ,„,.. , I _...... __ ____ 404.4.• 4,,,,* dB 41$ * f ti • Ter Ai w � .,1111114L. Location 5 "..- 4 I it Ili 14 al , "► '" r fl i II ., / r i South Harbor Uplands _ R t II .• Location 4 it Ail °_ -w,..4 - : w' it I x 1 'i - r l it µ sop South Harbor Uplands -,/ Attachment to Reso. 2014- Mobile Vendor Locations , 4• N vendor space size 10 x 20 feet Due to different data sources property lines and aerial o 110 220 Feet imagery do not overlay correctly. Map is to be used for Map , orientation and reference purposes only. • 3 Mapping Assistance by Alaska Map Company, LLC r • Clr, ►,.,6', or Location 7 c # M 0 e_ 1 r e ison Avenue la. * o .c co Z , d r Mustang Avenue ,. � ,� r . . iii ..*'''- <` • If/:71111 iv ),r, I, - . , _. V 1 I 6 ' . % f : 141‘lk‘is,,, , _ . OW 1 - Morris Avenue [7:1/ ;0 .4., Location 6 arAbmaa. —41 Am 'e dir ._._ — , �r• 1 ..,..... ... Seward Marine Industrial Center / Attachment to Reso. 2014- Mobile S�k9 Mobile Vendor Locations /k4„I-._ -id, N vendor space size 20 x 20 feet Due to different data sources property lines and aerial ( � 0 240 480 Feet imagery do not overlay correctly. Map is to be used for q1 P Map orientation and reference purposes only. • 4 Mapping Assistance by Alaska Map Company, LLC iiiiilit',7,,, ill ..- --� �r t 7,• t+ ' '• ',. a> Q '` i .. • • Street "'►rorJ:it . Ll.• ,, ` . y. „ lit I ffe 1 • • lio II *C.;. r G;i y or, ♦ x 1 _..4.-- rf r r, :, 1 ,„it . isilti .w y Itl. ___ it .,,.- , iipiro'.'‘ ..,... . . •r i lipt VI � , { f}. . bim, A 04* 1 att.. . 1 _-- , . 1 * . . -.44 010111 au_.; te *Mili•'„-44.: * . . Itr _ :Tv 4.!t A•wAbC• I it , .. - *4 , it; ilk ao 1 1 • `! s+'” ' M! �3 I• • r If rot: . • t -; r..rtagi di se . -.1e; 4 , tolloirill , . ii" - a 11 ti tifilli t'444114 geeit‘ ' ii. -, . NI ..e. fr-a r. r. r .1liL ' r 7 "n" i r.."' iii ell•' * a Vrillr hingtO . ' 'a i 004'44. `'1 N,/ * t 140: Rest. 2� h M ,+� I pttachmen ceeds 25 mq► 't I� , .. d lim►t ex Iow sekv or on streets where sy 480 Feet dor S Not Allow&;efferson ICI;.r �' 0 Alaska Map company,��C Roving e n�gen Railway Map on F ourth &Fifth be q�yt•° 5 Mapping Assistance edy lines and aerial sources prop is to be used for Due to different data correctlpSe or IY ima9e�.do not oeference pure orientation and °r J. .. ;,., , ' ii‘‘,.. : ". .I2'.:4 : - 1 f ✓ �QO, r '�. y t - t t- 0 ter. {*. '' '' , :: , .-,, i '''''' . :.,0, . Y y till,:; • ' i'' y divik, * y, •A �'f ' A 4L...‘ *ItLf WA, " :41 if . ' t. t , . , ,„ . wrr' A� �"+ yq. M y M . 4..''...i 11 o 4,411 0:.. At . V". ' . Vilightik r ty ..., , —. li- iiv Ai ... ,, 1 - , 'till,. .. 4... ',-.. Ai. ' j 0 11,04%* 131114 to tt . ,woo - 1 IMO` ,/ 144441/ri al ,olktlin , ,. _ lk 1 Als, *, Iir-401 # 111k .' ...„..." 0,,,_. w • p.. +:. e M. + r 0 r, • w • t % '"P t tR . ‘ ,I lirk!‘ . ' • ccC F r` i 4 IS -406.4 r - ttoReSO' 2��� 1 $tr- t AaChmen s eed limp exceeds?o'Feeh -n • �F sEg4 or on streets where P 7 385 I1 ofMIOWed /.4,4,,,,:^SAO► anY,UC V endor.s $ en &port Ave. � map o Assistance by Alaska MaP Comp Raging n gur tureen Van 4 ° g Mapping As on F ourth be aerial ., erty,mes be Used for correctry. Map is to Due to d�f{erent data sources poses on�Y. imagery.do an doreference Puff) orientation Sponsored by: Hunt 'i,.. CITY OF SEWARD, ALASKA RESOLUTION 2014-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN AN EXTENSION OF A SPECIAL SERVICES CONTRACT BETWEEN THE CITY OF SEWARD AND THE DEPARTMENT OF PUBLIC SAFETY PROVIDING DISPATCH AND CLERICAL SERVICES TO PUBLIC SAFETY EMPLOYEES IN THE SEWARD AREA FOR FORTY-EIGHT THOUSAND AND FIVE HUNDRED DOLLARS ($48,500.00) WHEREAS,the City of Seward has entered into an agreement for the past seventeen(17) fiscal years to provide dispatch and clerical services to Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward Community; and WHEREAS, the amount of compensation for dispatch services has been Forty-Eight Thousand and Five Hundred Dollars ($48,500.00); and WHEREAS,the attached extension would continue the services at the current rate through June 30, 2015. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for Forty-Eight Thousand and Five Hundred Dollars ($48,500.00). Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of May, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 69 Agenda Statement Meeting Date: May 27, 2014 �-�of set:, To: Jim Hunt, City Manager From: Tom Clemons Chief of Police gtAS+�P Agenda Item: Extension of Special Services Contract between the Department of Public Safety and the City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has entered into an agreement for the past 17 fiscal years to provide dispatch and clerical services to the Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward community. The amount of compensation for that contract has been$48,500. The attached extension would continue the services at the current rate through June 30, 2015. INTENT: To authorize the City Manager to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: (2.2, Page 14) Public Safety-"Maintain an X Effective public safety network, including an enhanced emergency 911 (E911) system and corrected street addresses" 2 Strategic Plan: (Page 18) Promote a Safe Community X 3 Other: X FISCAL NOTE: The City of Seward will receive the sum of$48,500 from the State of Alaska for this contract. These funds have been anticipated and are already included in the 2014 budget. Approved by Finance Department: tsg640 ATTORNEY REVIEW: Yes No x RECOMMENDATION: ,\P\ Recommend approval of Resolution 2014-00 authorizing the City Manager to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for$48,500. 70 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2014 to June 30, 2015 GENERAL PROVISIONS The parties. The parties to this contract are the Alaska Department of Public Safety (hereinafter referred to as the "Department") and the City of Seward (hereinafter referred to as the "City"). Sole Agreement. The City and the Department undertake this contract under the terms set forth below. This contract is the sole agreement between the parties relating to special services, and there are no other agreements, express or implied. Effective Date/Termination/Amendments. This contract is effective July 1, 2014 and continues in force until June 30, 2015. Either party may terminate the agreement with thirty (30) days written notice to the other party. This agreement may be amended by written agreement of the parties. 1. The Department will pay the City for services provided in accordance with, and under the terms of, this contract. Payments will be made quarterly in the amount of $12,125.00, for a total of $48,500.00. Payment for services provided under this contract will be made in four payments in the amount of and covering the 411140, period indicated below: Period Covered Amount Payment Process Can Be Initiated 07/01/14 - 09/30/14 $12,125.00 10/01/14 10/01/14 - 12/31/14 $12,125.00 01/01/15 01/01/15 - 03/31/15 $12,125.00 04/01/15 04/01/15 - 06/30/15 $12,125.00 06/01/15 12 Month Total $48,500.00 2. The City will provide and perform the services specified in this contract to the satisfaction of the Department, in support of Department personnel and operations. SPECIFIC PROVISIONS 3. The City will: a. Provide full dispatch services, APSIN/NCIC services, telephone answering and message taking services, and public reception services relative to Department business 24 hours each day for the Department and Page 1 of 2 71 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2014 to June 30, 2015 Ntird Department Personnel working in vehicle, vessel or foot, in aircraft or any other means in the greater Seward and Lower Kenai Peninsula Region; b. Provide full clerical services and support to Department personnel, including access to and use of the office copying machine and fax machine; to include typing of criminal complaints, transcription of taped statements, typing services as needed for completion of police reports; c. Permit continued access to and utilization of professional facilities and equipment instrumental to the overall efficient and effective operation of law enforcement and emergency response component, i.e.; squad room, kitchen, weight and exercise room, interview rooms, storage rooms, evidence processing room and equipment, a secure locked evidence room accessible only by authorized AST personnel, Data Master, video and training material, other general building facilities including parking for state vehicles, ATV and snow machines. d. Permit continued transport and security of prisoners from the Seward City Jail to Seward Court for hearings and arraignments. IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their names on behalf of the City and the Department respectively. For the City of Seward: For the Department of Public Safety: By By Printed Name Printed Name Official Title Official Title Date Date Page 2 of 2 72 Sponsored by: Hunt likor CITY OF SEWARD,ALASKA RESOLUTION 2014-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE ASSIGNMENT OF THE MAINTENANCE AND OPERATING AGREEMENT OF THE SHIPLIFT AND DRYDOCK AREA TO VIGOR ALASKA-SEWARD LLC.,AND AUTHORING THE CITY MANAGER TO ENTER INTO AN AMENDMENT WHEREAS,the City (Lessor) and Seward Ship's DryDock, Inc. (Lessee) entered into the current ground lease and Maintenance and Operating agreement in 1995; and WHEREAS,City Council authorized the amendment and assignment of the Ground Lease to Vigor Alaska-Seward LLC with the passage of Resolution 2014-044 on May 12, 2014; and WHEREAS, the City requires the Assignor to enter into an amended Maintenance and Operating agreement for the operation of the City's shiplift on the leased parcels; and WHEREAS, City administration has negotiated the terms of the amended and reassigned Maintenance and Operating agreement; and WHEREAS,that amended agreement is attached and will go into effect immediately upon approval of this resolution. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized and directed to sign, on behalf of the City of Seward, the amended and reassigned Maintenance and Operating Agreement, in the form substantially presented at this meeting, with Vigor Alaska-Seward LLC. Section 2. This resolution shall take effect immediately after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 27th day of May, 2014. THE CITY OF SEWARD ALASKA Jean Bardarson, Mayor 73 City Council Agenda Statement Meeting Date: May 27, 2014 4"„ of set:. `•0141001 q9 To: Seward City Council From: Jim Hunt, City Manager Agenda Item: Vigor Alaska-Seward LLC, Maintenance and Operating agreement BACKGROUND & JUSTIFICATION: The City of Seward has leased land and a shiplift to Seward Ship's Drydock, Inc. since 1988. The ground lease for that land was amended and assigned to Vigor Alaska-Seward LLC with the passage of Resolution 2014-044 on May 12th, 2014. In order for the new lessee to begin operation the City of Seward requires Vigor Alaska-Seward, LLC., to enter into a reassigned and amended Maintenance and Operations Agreement. Attached is the amended Maintenance and Operating Agreement for assignment, in substantial form, to accompany the ground lease for the SMIC area and shiplift for Vigor Alaska-Seward, LLC. INTENT This resolution will authorize and direct the City Manager to enter into the amended assigned Maintenance and Operating agreement with Vigor Alaska- Seward, LLC. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (3.1.1.2, page8): "Expand the Seward Marine 1. Industrial Center; Improve and Expand onshore and offshore maritime X facilities.” 2 Strategic Plan (Page 7): "Expand development in the Seward Marine X Industrial Center." 3. Other (list): X FISCAL NOTE: The Maintenance and Operating and Agreement does not impact the lease rates. Approved by Finance Department: ATTORNEY REVIEW: Yes: (Resolution) X No: RECOMMENDATION: Approve Council Resolution 2014- 05Qauthorizing the assignment of the Maintenance and Operatir Agreement of the City Shiplift and accompanying leased area to Vigor Alaska-Seward, LLC., a ' authorizing the City Manager to enter into an amendment to the assigned agreement. 74 Sponsored by: Hunt klinw CITY OF SEWARD,ALASKA RESOLUTION 2014-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE ASSIGNMENT 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,TO VIGOR ALASKA-SEWARD,LLC,SUBJECT TO ASSIGNOR PROVIDING THE CITY PROOF OF ENVIRONMENTAL LIABILITY INSURANCE FOR FOUR(4)YEARS FROM THE DATE OF ASSIGNMENT, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO. 5 TO THE ASSIGNED GROUND LEASE WHEREAS, the city(Lessor)and Seward Ship's Drydock,Inc. (Lessee) entered into the current ground lease in 1995; and WHEREAS,the Ground Lease has been amended and extended,with the most recent in July 2012 extending the term until June 30,2040; and WHEREAS, the lease authorizes assignment by the Lessee subject to city approval if the Lessee sells its vessel repair and construction business; and WHEREAS, Seward Ship's Drydock,Inc.desires to sell and Vigor Alaska- Seward,LLC desires to purchase the vessel repair and construction business operated on the leased land;and WHEREAS, Seward Ship's Drydock, Inc desires to assign its lease to Vigor Alaska - Seward, LLC, and Vigor Alaska desires to assume the lease; and WHEREAS, Vigor Alaska- Seward, LLC desires to amend the lease as presented at this meeting and attached hereto; and WHEREAS,the city requires the Assignor to provide the City with proof of environmental liability insurance naming the city as insured as a condition of assignment; and WHEREAS, city administration has negotiated the terms of the lease amendment,and the parties agree that a timely and efficient transfer is in the parties' and the public's interest; and WHEREAS,the City Charter,provisions of which cannot be waived by the council,requires that resolutions involving real property transfers become effective not less than thirty (30) days following passage and approval. 75 CITY OF SEWARD, ALASKA RESOLUTION 2014-044 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council authorizes the assignment of the Ground Lease from Seward Ship's Drydock,Inc.to Vigor Alaska-Seward,LLC,subject to Seward Ship's Drydock,Inc. satisfactory proof of insurance for environmental liability naming the city as insured for a period of four(4) years. Section 2. The Ground Lease assigned to Vigor Alaska-Seward,LLC is hereby amended as presented at this meeting and attached hereto,and the City Manager is authorized to execute same in substantially the form presented here. Section 3. This resolution shall take effect thirty (30) days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of May, 2014 i THE CITY OF SEWARD, ALASKA can Bardarson, Mayor AYES: Keil, Casagranda, Terry, Squires, Butts, Bardarson NOES: None ABSENT: Darling ABSTAIN: None ATTEST: 7 7 J i e6vc.......„___ ti Johanna Kinney, C f C 1 City Clerk ..llllllllll 4. (City Seal) .••'.4 OF ......,. J. �� tea: . . -._ : .T. I SEAL T. �.,?, .• i Assignment,Assumption and Amendment of Agreement This ASSIGNMENT, ASSUMPTION AND AMENDMENT OF AGREEMENT(this"Agreement') is made this [] day of June, 2014, by and among Seward Ship's Drydock, Inc., an Alaska corporation ("Assignor'), Vigor Alaska - Seward LLC, an Alaska limited liability company ("Assignee"), and the City of Seward, Alaska, an Alaska municipal corporation ("City"). RECITALS A. By that certain Maintenance and Operating Agreement, dated as of April 1, 2012, copies of which are attached hereto marked ANNEX A (the "M&O Agreement'), by and between City and Assignor,Assignor agreed to operate and maintain a shiplift facility owned by City. B. Pursuant to that certain Asset Purchase Agreement (the "APA") dated as of May 2, 2014 by and between Assignor, as a Seller Party, and Assignee, as Buyer, Assignor agreed to sell and Assignee agreed to purchase from Assignor, substantially all of Assignor's business assets and to assume certain specifically identified liabilities of Assignor. C. As further consideration for the transactions contemplated by the APA, Assignor desires to assign the M&O Agreement to Assignee and Assignee desires to accept, as of the date hereof,which is contemporaneous with the closing of the transactions contemplated by the APA, such assignment and assume and discharge the obligations of Assignor arising from the M&O Agreement from and after the date hereof pursuant to this Agreement. D. The M&O Agreement provides, among other things, the right of Assignor to assign the M&O Agreement, subject, nevertheless, to the consent of City. E. City and Assignee desire to amend the M&O Agreement, effective upon the assignment from Assignor to Assignee, as provided in this Agreement. AGREEMENT. NOW, THEREFORE, for and in consideration of the covenants herein contained and intending to be legally bound hereby the parties do hereby agree as follows: 1. Recitals; Definitions. The recitals set forth above are incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the same meaning as in the M&O Agreement, the provisions of which are incorporated herein as fully set forth herein. 2. Assignment of M&O Agreement. Subject to the terms and conditions of this Agreement, Assignor does hereby assign to Assignee all of Assignor's right, title and interest in and to the M&O Agreement (as the same is amended by this Agreement) (the "Assignment'). Assignee does hereby agree to and accept the Assignment and assume and agree to keep, perform and fulfill all of the terms, covenants, conditions and obligations otherwise required to be kept by Assignor under the M&O Agreement(as amended by this Agreement)on and after the date hereof. 3. Direct Agreement. The M&O Agreement shall continue in full force and effect as a direct agreement between City and Assignee, as Operator thereunder, upon and subject to all of the terms, covenants and conditions of the M&O Agreement(as amended by this Agreement). 4. Amendment to M&O Agreement. City and Assignee hereby amend the M&O Agreement, effective as of the date hereof, to provided as follows: 4.1 Term. Section 2.01 is hereby deleted in its entirety and substituted with the following: "The Agreement Term commences on June [ ], 2014, and unless sooner terminated as provided herein ends at the earlier of (i) date of expiration or termination of the Lease term, and (ii) June[], 2019". 77 4.2 Environmental Matters. Sections 2.03(c) and 2.03(f) are hereby deleted in their entirety and shall be substituted with the following: "(c) Reserved." "(f) Indemnification. (I) Definitions. For purposes of this Section, the following terms or phrases shall have the following meanings: "Baseline Audit shall mean a Phase II investigation, which conforms with the ASTM Standard E-1903-11: Standard for Environmental Site Assessments: Phase II Environmental Site Assessment Process, the results of which are attached hereto as Exhibit C, and any follow-on investigation deemed necessary or desirable, including, without limitation, the results of the current or upcoming EPA investigation. Operator shall provide written notice and a copy to City of the Baseline Audit and information. The Baseline Audit establishes the baseline conditions of the Shiplift Premises for purposes of determining environmental liabilities addressed in this Section. "Cleanup" shall mean any planning, investigation, remediation, removal, response actions, or disposal, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9601, et. seq. ("CERCLA"), AS Title 46, and analogous state statutes, associated with including land, groundwater soil vapor, marine sediments or any other environmental medium or place where Hazardous Substances may come to be located. "Pre-existing Contamination"shall mean the following: Any Hazardous Substances on or in the Shiplift Premises (including land, groundwater soil vapor, marine sediments or any other environmental medium or place where Hazardous Substances may come to be located) which is disclosed in, arising out of or related to contamination revealed in the Baseline Audit; or Any Hazardous Substances arising from or related to operations at the Shiplift Premises prior to the effective date of that certain Assignment, Assumption and Amendment of Agreement, dated as of June [], 2014, by and among Seward Ship's Drydock, Inc., an Alaska corporation, Vigor Alaska - Seward LLC, an Alaska limited liability company, and the City of Seward, Alaska, an Alaska municipal corporation (the"Assignment"). "Required by LaW' shall mean any actions or obligations associated with the Shiplift Premises or prior operations at the Shiplift Premises which are (i) required by any regulatory agency under any and all applicable federal, state or local statutes, regulations or ordinances, now or hereinafter in effect, relating to pollution or environmental protection; or(ii) required by any final and non-appealable court order in an action brought by a third party for enforcement of such laws; or (iii) required pursuant to a Cleanup plan agreed to by City or Operator to carry out Cleanup obligations imposed under such laws. "Subsequent Contamination" shall mean any Hazardous Substances on or in the Shiplift Premises that are not Pre-existing Contamination, unless otherwise demonstrated by Operator. Operator may demonstrate that Hazardous Substances on or in the Premises not disclosed in the Baseline Audit are not Subsequent Contamination by submitting to City credible and mutually acceptable evidence through laboratory data, operational records, historical documents such as aerial photographs or other material proof, that such contamination existed prior to the date 2 Noe 78 Sir of the Baseline Audit. Within thirty (30) days of the delivery of such evidence to City, City shall deliver written notice (a "Dispute Notice") to Operator indicating its disagreement with such findings. The failure to timely deliver a Dispute Notice shall constitute an acceptance by City of Operator's findings. Following the delivery of a Dispute Notice, the following process shall be utilized to resolve such dispute: a. Within thirty (30) days of the delivery of the Dispute Notice, City and Operator shall select a mutually agreeable third-party environmental consulting or engineering firm (the "Referee") to evaluate the Hazardous Substances so in dispute(it being understood that in making such evaluation, the Referee shall be functioning as an expert and not as an arbitrator). The Referee shall determine whether the Hazardous Substances so discovered constitute Pre-existing Contamination or Subsequent Contamination. If City or Operator disagrees with the determination of the Referee, then it shall so notify the other party in writing within five (5) days of the receipt of the Referee's final report. The failure to timely deliver such notice shall constitute an acceptance by such party of the Referee's findings. In the event either party timely submits such notice, the provisions of Article 12 of the Lease shall apply to the resolution of such dispute. (ii) Responsibility and Indemnity for Environmental Liability. (A) General Allocation of Responsibilities. Except as otherwise specifically set forth in this Section, City shall be responsible for liability for any Cleanup Required by Law of Pre-existing Contamination and Operator shall be responsible for liability for Cleanup Required by Law of Subsequent rr Contamination. (B) Operator Indemnification of City for Subsequent Contamination. Operator agrees to indemnify, hold harmless and defend City, and the officers, employees and agents of City, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorneys' fees), arising directly or indirectly from or out of or in any way connected with Subsequent Contamination that involves: a. The failure of Operator to comply with its covenants and agreements contained in Section 2 that result in liability relating to Subsequent Contamination; b. Any activities on the Shiplift Premises which directly or indirectly result in the Shiplift Premises becoming contaminated with Hazardous Substances that are Subsequent Contamination; c. The discovery of Hazardous Substances on the Shiplift Premises determined not to be Pre-existing Contamination in accordance with the provisions of this Section 2.03(f) . d. The clean-up of Subsequent Contamination from the Shiplift Premises. (C) City Indemnification of Operator for Pre-existing Contamination. City agrees to indemnify, hold harmless and defend Operator, and the officers, employees and agents of Operator, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and S'' 3 79 other and costs and expenses --- " attorneys' - -'- Q*ao\' *wli 110 arising directly or indirectly from or out of or in any way connected with Pre- existing Contamination; provided, however, that such obligation to indemnify with respect to Pre-existing Contamination not disclosed |n, arising out of or related to contamination revealed in the Baseline Audit shall only be effective at such time as all funds held pursuant to that certain Escrow Agreement, by and among Operator, Seward Ship's Drydock, Inc. and James Pruitt, dated as of June [], 2014, shall have been fully released by the parties thereto, and that ail expenses associated with such indemnification are subject to appropriation by the City Council of Cib/, which shall not unreasonably (in light of the intents and purposes of this Section 2.03(0) be withheld. Further, City agrees to act with all dispatch and use all reasonable means to secure Federal, State or local appropriations to satisfy its obligations under this Section 2.03(O. In no case shall the indemnification obligations of City pursuant to this Section 2.03/U(i0/C\ apply following the four (4)-year anniversary of the Assignment." 4.3 Assignment. Section 5.02 is hereby deleted in its entirety and shall be substituted with the following: "Section 5.02 - AemiqnmenL Notwithstanding Section 5.01. Operator may assign its entire interest under this Agreement to (a) a person to whom Operator sells its vessel repair and construction business, provided that the assignee and terms of the assignment shall be subject to approval by C|ty, or(b) any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, Operator,without consent or approval by City." 4.4 Notices. Operator's notice address provided for in Section 7.04 is hereby amended as follows: Vigor Alaska-Seward LLC do Vigor Alaska LLC 3801 N. Tongass P{}Box 947O Ketchikan, Alaska 99901 Attention:Adam Beck 5. Warranties and Representations. 5.1 City. City hereby represents and warrants that the document attached hereto as ANNEX A is a true and correct copy of the M&O Agreement. The M&O Agreement is in full force and effect and has not been amended by any agneernent, vvhtton, verbal or otherwise, between Assignor and City. Other than the provisions of this Agreement, that certain Ground Lease dated April 25, 1995, as amended, the M&O Agreement represents the entire agreement between City and Assignor relating to the Shiplift Premises. City has the right, power and authority to enter into this Agreement. 5.2 Assignor. City has complied with its obligations under the M&O Agreement and has not assigned its interest in the M&O Agreement. Assignor repneoenba, warrants and covenants to Assignee that, as of the date of this Agreement: A. Neither City nor Assignor has taken any action to terminate the M&O Agreement prior to its expiration pursuant to its terms. B. No rent has been paid in advance other than the current quarter and as otherwise provided by the M&O Aoreennant, oubieut, hovvever, that any rents due and owing by 4 *ISO 80 to by Assignor hereby reserved ' _. C. All obligations under the M&O Agreement have been complied with by Assignor (or waived in writing by City), and there has been no violation of or default under any of the terms of the M&O Agreement by Assignor as of this date and no facts exist which, with the giving of notice and/or the passage of time, would constitute such a violation or default or any other claim by City or Assignor under the M&O Agreement of any nature or kind, except those items listed at "Material Compliance Issues", page ES-2. of the ERM Phase I Environmental Site Assessment attached hereto as ANNEX B. D. Assignor has not assigned the M&O Agreement or received notice of an assignment of the M&O Agreement by City. Assignor has not sublet all or any portion of the Ship lift Premises, and Assignor does not hold the Ship lift Premises under assignment or sublease. E. Assignor has the right, power and authority to enter into this Agreement. F. Commencing on the date of this Agreement and subject to the terms of the M&O Agreement, as amended by this Agreement, the Ship lift Premises at all times hereafter during the term of the M&O Agreement may be held by Assignor (or its assignee or sublessee) without any lawful interruption by City or Assignor or any person or persons claiming under or through City or Assignor. 5.3 Assignee. Assignee represents, warrants and covenants to City that as of the date of this Agreement A. It is duly autbohzed, and has the right and power, to enter into this Agreement. B. It has taken all necessary corporate action to enter into this Agreement and carryout the provisions hereof. C. It has the financial capacity and expertise to enter into this Agreement � and operate the Ship lift Premises in accordance with this Agreement. D. Entry into this Agreement and carrying out the provisions hereof does not violate or conflict with the terms of any law or order of any administrative agency or the terms of any agreement of the Assignee or order,judicial or otherwise to which Assignee may be subject. G. Post-Assignment Insurance ByAssignor. Assignor shall obtain from a licensed insurer a policy of premises pollution liability insurance insuring City and Assignor from claims made during the policy term arising from Pre-existing Contamination or Subsequent Contamination which insurance a) shall be subject to commercially reasonable terms and exc|uaiono, b) have limits of liability of $1,000,000.00 per pollution condition and $3,000,000.00 aggregate, c) shall name City and Assignor as inaurodo, and d) be maintained in effect for a period of four (4) years from the date of this agreement. For the avoidance of doubt, a single insurance policy that meets both the requirements of this Section 6 and Section 6 of the Assignment, Assumption and Amendment of Lease by and among the parties herehz, of even date herewith, shall satisfy the requirement of this Section 6. 7. Miscellaneous: 7.1 Successors and Assigns. This Agreement shall inure to the benefit and shall be binding upon the successors and assi ns of the parties hereto,and each of them. 7.2 Interpretation. In the event of any conflict between the provisions of the M&O Agreement and the provisions of this Aoneonment, the provisions of this Agreement shall control. As amended hereby, all of the terms, covenants and conditions of the M&O Agreement shall remain in full force and effect after the date hereof and are hereby ratified and confirmed in all respects. All paragraph headings of this Agreement are inserted for convenience only and shall not constitute a part »�w� 5 of this Agreement, nor shall they in any way affect its meaning, construction, interpretation or effect. This Agreement shall be construed and enforced exclusively in accordance with the laws of the State of Alaska. 7.3 Notices. All notices, requests, demands, directions and other communications (collectively, "notices") under the provisions of this Agreement shall be in writing (including facsimile communication) unless otherwise expressly permitted hereunder and shall be sent by first-class or first-class express mail, or by facsimile with confirmation in writing mailed first-class, in all cases with charges prepaid, and any such properly given notice shall be effective when received. All notices shall be sent to the applicable party at their address set forth in Section 7.04 of the M&O Agreement (as amended by this Agreement) or, in the case of Assignor, at the address of City, or in accordance with the then unrevoked written direction from such party to the other party hereto. 7.4 Relationship. The parties recognize that nothing in the M&O Agreement or this Agreement is intended or shall be construed to create an employer/employee relationship or a joint venture or a partnership relationship, or to allow City or Assignor to exercise control or direction over the matter or method by which Assignee performs under this Agreement. 7.5 Severability. The invalidity of any portion of this Agreement shall not affect the force and effect of the remaining valid portions of this Agreement. 7.6 Further Assurances. Each of City, Assignor and Assignee shall, from time to time upon the request of any of the others, promptly and duly execute, acknowledge and deliver any and all such further instruments and documents, and shall take such further action, as may be necessary or desirable to confirm this Agreement and to carry out the purpose and intent hereof. 7.7 Counterparts/Execution. This Agreement may be executed in counterparts, including by means of PDF signature pages, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same instrument. The exchange of copies of this Agreement and of signature pages by electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and such copies may be used in lieu of the original Agreement for all purposes. 8. City's Consent. Assignor and Assignee acknowledge and agree that City's consent is necessary for this Agreement. City, intending to be legally bound hereby, consents to the Assignment of the M&O Agreement by Assignor to Assignee pursuant to the terms of this Agreement. City represents and warrants that it has full power and authority to enter into and grant this City's consent. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES FOLLOW ON NEXT PAGE] 6 Nod 82 IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals by their duly authorized officers as of the date and year set forth opposite their names below, intending to be legally bound. ASSIGNOR: SEWARD SHIP'S D z YDOCK, INC. 4.11r• . By: d - me: James Pruitt ale: President • [Assignment,Assumption and Amendment of M&O Agreements 83 ASSIGNEE: VIGORA = -S. , A- 3 L B Name: Adam :eck Title: President 1 [Assignment,Assumption and Amendment of M&O Agreement] 84 om, CITY: CITY OF SEWARD, ALASKA By: Name: [] Title: [] ATTEST: By: Name: Johanna Kinney, CMC Title: City Clerk likior [Assignment,Assumption and Amendment of M&O Agreement] 85 ANNEX A Nod M&O Agreement Attached. 86 S ANNEX B lay PHASE I ENVIRONMENTAL SITE ASSESSMENT Attached. 87 -Nod City draft of 2/29/2012 MAINTENANCE AND OPERATING AGREEMENT between CITY OF SEWARD, ALASKA and SEWARD SHIP'S DRYDOCK, INC. 'tad Dated as of April 1, 2012 88 ID ID Stow TABLE OF CONTENTS PAGE ARTICLE 1 Definitions 2 ARTICLE 2 General Provisions 5 Section 2.01 - Agreement Term 5 Section 2.02 - Specific Use Restrictions 5 Section 2.03 - Environmental Matters 5 Section 2.04 - Protection Against Liens 7 Section 2.05 - No Preferential Rights to Use Port Facilities 8 Section 2.06 - Security for Ship lift Premises 8 Section 2.07 - Leasing and Use of Managed Parcel ................... ....... 8 Section 2.08 - Inspection by City 8 ARTICLE 3 Operation and Maintenance of Shiplift Facility 9 Section 3.01 - Revenue 9 Section 3.02 - Annual Facility Costs 9 Section 3.03 - Operation of Shiplift Facility 9 Section 3.04 - Maintenance of Accounts; Statements; 10 Nur Section 3.05 - Operating Plan ................ ....... ........................,..... 10 Section 3.06 - Inventory 11 Section 3.07 - Rates and Charges 11 ARTICLE 4 Indemnity; Insurance 11 Section 4,01 - Operator's Duty to Indemnify 11 Section 4.02 - Insurance Requirements 11 ARTICLE 5 Assignment 13 Section 5.01 - Assignment of Agreement............. ........ .... 13 Section 5.02 - Assignment 13 ARTICLE 6 Default; Remediesl3 Section 6.01 - Events of Default 13 Section 6.02 - Remedies for Default by Operator 14 Section 6.03 - No Waiver of Breach 14 Section 6.04 - Cure by City 15 ARTICLE 7 Miscellaneous 15 Section 7.01 - Time 15 Section 7.02 - Entire Agreement 15 City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Slow, 89 Section 7.03 - Relationship of Parties 15 Section 7.04 - Notices 15 Section 7.05 - Binding Effect 16 Section 7.06 - Severability 16 Section 7.07 - Amendments 16 Section 7.08 - Execution in Counterparts 16 Section 7.09 - Applicable Law; Jurisdiction 16 Section 7.10 - Captions 16 Exhibit A - Deferred Maintenance Exhibit B - Description of SMIC Exhibit C - Fencing Specifications Exhibit D - Maintenance Tasks and Schedule Exhibit E - Inventory of Spare Parts City of Seward and Seward Ship's Drydock, Inc. I I Maintenance and Operating Agreement 90 , — , MAINTENANCE AND OPERATING AGREEMENT I 1 This Maintenance and Operating /6 greement (this "Agreement") is made as of April 1, 2012 between the City of Sewa 1, Alaska, an Alaska municipal corporation ("City"), whose address is P.O. Box 167, Seward, Alaska 99664, and Seward Ship's Drydock, Inc. ("Operator"), whose address i P.O. Box 944, Seward, Alaska 99664. WHEREAS, since 1980 City has provided for the development of the Seward Marine Industrial Center (the "SMIC"), and City expended over $40 million in construction of improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System and related rail systems (the "Shiplift Facility"); and , , WHEREAS, City and Operator were Lessor and Lessee, respectively, under a lease agreement effective as of September 2, 1988, as amended (the "Prior Lease"), a memorandum of which was recorded at Bo 4k 53, Page 255, Seward Recording District, Third Judicial District, State of Alaska, un er which Operator leased from City certain real property located in the SMIC, as desc ibed in the Prior Lease to operate a vessel repair and construction facility; and WHEREAS, the continued maintena ce and operation of the Shiplift Facility is important to the profitable operation of perator's vessel repair and construction business on the Premises; and loar WHEREAS, the voters of the City of Seward in 1992 rejected two specific proposals for the sale or lease of the Shiplift Facility to Operator, and the City desires to transfer to Operator maintenance and operating responsibility for the Shiplift Facility without a sale or lease of the Shiplift Facility, in accordance with the voters' preference; and WHEREAS, an arbitrators' decision and order dated January 8, 1993, set forth certain rights of City and Operator under the rior Lease, including the determination that City could not enforce any penalty against perator for a period of 24 months after the date of the arbitrators' decision and order or until January 9, 1995), with respect to i Operator's failure to construct a permanent covered repair building capable of enclosing a vessel 300 feet in length (the "300-Foot Building"); and WHEREAS, the City Council of City declined to extend the time for construction of the 300-foot building, requesting that in li u of constructing the 300-Foot Building Operator assume all expenses of operating aiid maintaining the Shiplift Facility; and City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 1 %kr , , 1 9111 l WHEREAS, City and Operator entered into a new lease and are Lessor and *.ad Lessee, respectively, under a lease agreement dated April 25, 1995, as amended, whereby Operator was relieved of the obligation to construct the 300-Foot Building, and Operator simultaneously entered into that certain Maintenance and Operating Agreement dated April 25, 1995 ("Initial Agreement") to assume the expense of maintaining and operating the Ship lift Facility; and WHEREAS, following expiration of the Initial Agreement the parties entered into a Maintenance and Operating Agreement dated March 30, 2000, which has been amended and extended nine times; and WHEREAS, the work described as "Deferred Maintenance" in Exhibit A has been completed by the Operator; and WHEREAS, the parties have determined that it is in their respective interests to continue their relationship for the maintenance and operation of the Ship lift Facility by entering into this Agreement, and the Operator agrees to assume the continued expense of maintaining and operating the Ship lift Facility; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: ARTICLE 1 Definitions The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Maintenance and Operating Agreement, as amended from time to time. "Agreement Term" means the duration of this Agreement as set forth in Section 2.01. "Annual Facility Costs" means annual costs of the Ship lift Facility as described in Section 3.02. "Auditor" means an independent certified public accountant or firm of certified public accountants engaged by the City. "City" means the City of Seward, Alaska. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 2 `IS 92 1 -,.., ) _. Ilir , "Environmental Laws" means all 'local, state and federal laws, ordinances, regulations and orders related to environmental protection; the use, storage, generation, production, treatment, emission, discharg , remediation, removal, disposal or transport of any Hazardous Substance; or any other environmental matter, including without limitation any of the following statutes: ■ ' (i) Federal Resource Cons rvation and Recovery Act of 1976, as amended, 42 U.S.C. Sections 6901-6991K; (ii) Federal Comprehens ve Environmental Response Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601-9675; (iii) Federal Clean Air Act, 42 J.S.C. Sections 7401-7642; (iv) Federal Hazardous Materi I Transportation Control Act of 1970, as amended, 49 U.S.C. ections 1801-1812; (v) Federal Clean Water Act •If 1977, as amended, 33 U.S.C. Sections 1251-1387; I (vi) Federal Insecticide, Fun icide, and Rodenticide Act, as amended, 7 U.S.C. Sections 2 01-2671; (vii) Federal Toxic Substances Control Act, 15 U.S.C. Sections 2601-2671; (viii) Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f-300i-26; and I (ix) Title 46 of the Alaska Statites. ■ "Event of Default" means any of the events described in Section 6.01. "Fiscal Year" means the calendar year. "Hazardous Substances" means any ubstance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar terri, by any Environmental Laws, and shall include any such substance or material as rray hereafter become defined or designated as hazardous or toxic material by any Enviro mental Laws. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 3 (terr , 93 1 "Lease" means the ground lease of the Premises between City and Operator, dated as of April 25, 1995, as amended from time to time. "Maintenance and Operation Costs" means the actual and necessary costs of maintaining and operating the Ship lift Facility, including without limitation the reasonable expenses of management, repair and other expenses necessary to maintain the Ship lift Facility in good repair and working ordor, reasonable amounts for administration, overhead, insurance, utilities, consulting and technical services, employer costs (including pension costs), taxes (but not payments in lieu of taxes), charges payable pursuant to any licenses, permits or other authorizations of any agency or regulatory body having lawful jurisdiction, and other similar costs, but excluding depreciation (or reserves therefor), amortization of intangibles or other bookkeeping entries of a similar nature, and the costs of capital additions, replacements, betterments, extensions or improvements to the Ship lift Facility. "Managed Parcel" means the area within the SMIC designated as such on Exhibit B hereto, which is south of the fence on the northern boundary of the Premises constructed by Operator under Section 2.06, and which is not part of the Premises or the Ship lift Facility. "Maintenance" means all of the repair, maintenance and replacement of parts and equipment for the Ship lift Facility as further described in Article 3 and Exhibit D. Niad "Operator" means Seward Ship's Drydock, Inc., an Alaska corporation, its successors and assigns. "Port Facilities" means all public port facilities owned or operated by City from time to time, including without limitation the Ship lift Facility. "Premises" means the land plus any improvements described as such in the Lease. "Revenue" means all of the following fees or charges for use of the Ship lift Facility: lift fees; receipts for labor to operate the syncrolift facility in raising or lowering a vessel; uplands day lay charges; and moorage and wharfage on the Ship lift Facility dock. "SMIC" means the Seward Marine Industrial Center, consisting of the area shown on the site map in Exhibit B hereto. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 4 94 1 )' . tL "Ship lift Facility" means the Syncro ift Shiplift System in the SMIC, including the mechanical shiplift and all associated eq ipment, all upland rails not located on the Premises or other leased property, the si e transfer cradle assembly, the shiplift dock, and 33 connected cofferdam cells comprisirfig the south breakwater. "Shiplift Premises" means the Shiplift Facility and the Managed Parcel. I ART! LE 2 General •rovisions Section 2.01 - Agreement Term. Th 1 Agreement Term commences April 1, 2012, and unless sooner terminated as provide herein ends at the earlier of (i) date of expiration or termination of the Lease term, nd (ii) March 31, 2017. eil Section 2.02 - Specific Use Restrictions. Operator shall not commit any waste of the Shiplift Premises. Operator shall use, operate and maintain the Shiplift Facility in accordance with all laws and regulations overning such use, operation and mainte- nance. Operator will not use the Shiplift Pre TI ises in any manner which would constitute a public nuisance. Section 2.03 - Environmental Matters. Operator covenants and agrees as follows: (a) Operator will not cause or p rmit the Shiplift Premises to be used to generate, manufacture, refine, transport, tre t, store, handle, dispose, transfer, produce or process any Hazardous Substance, xcept in compliance with all applicable Environmental Laws, nor shall Operator cauO or permit, as a result of any intentional or unintentional act or omission on the part of th Operator or any other user or occupant of the Shiplift Premises, the release of an Hazardous Substance onto the Shiplift ye Premises. , i (b) Operator will at all times in all respects use its best efforts to comply, and will use its best efforts to cause all other users of the Shiplift Premises to comply, with all Environmental Laws, including without limitation undertaking the following specific actions: (i) Operator will, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required by all Environmental aws, including without limitation permits required for discharge of (appropriately treate ) Hazardous Substances into the ambient air or any sanitary sewers servicing the Ship ift Premises; and (ii) except as discharged into the ambient air or a sanitary sewer in st ict compliance with all applicable Environ- mental Laws, any and all Hazardous Substan es to be treated and/or disposed of by the City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 5 Sitio- 95 Operator will be removed and transported solely by duly licensed transporters to a duly licensed treatment and/or disposal facility for final treatment and/or disposal (except when applicable Environmental Laws permit on-site treatment or disposal in a sanitary landfill). (c) If the presence, release, threat of release, placement on the Ship lift Premises, or the generation, transportation, storage, treatment or disposal at the Ship lift Premises of any Hazardous Substance (i) gives rise to liability (including without limitation a response action, remedial action or removal action) under any Environmental Law, (ii) causes a significant public health effect, or (iii) pollutes or threatens to pollute the environment, Operator shall, at its sole expense, promptly take any and all remedial and removal action necessary to clean-up the Ship lift Premises and mitigate exposure to liability arising from the Hazardous Substance, whether or not required by law. (d) Operator shall maintain a complete file, which may be inspected at any reasonable time by City containing copies of all correspondence, permits or other material between Operator and any federal, state or other governmental authority related to Hazardous Substances at the Ship lift Premises. (e) Operator shall give City within 24 hours (i) written notice and a copy of any notice or correspondence it receives from any federal, state or other governmental authority regarding Hazardous Substances on the Ship lift Premises or which affect or will affect the Ship lift Premises, or expenses or losses incurred or expected to be incurred by Operator or any government agency to study, assess, contain or remove any Hazardous Substances on or near the Ship lift Premises, and (ii) written notice of any knowledge or information Operator obtains regarding the release or discovery of Hazardous Substances on the Ship lift Premises. (f) Operator agrees to indemnify, hold harmless and defend City, and the officers, employees and agents of City, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorneys' fees), arising directly or indirectly from or out of, or in any way connected with: (i) The failure of Operator to comply with its covenants and agreements contained in this section; (ii) Any activities on the Ship lift Premises which directly or indirectly result in the Ship lift Premises becoming contaminated with Hazardous Substanc- es; City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 6 No NO 96 --,. , ...) Ilkir (iii) The discovery of Hazardous Substances on the Ship lift Premises; and (iv) The clean-up of Hazaitlous Substances from the Ship lift Premises without regard to (1) the nature of the activities producing the Hazardous Sub- stances, and (2) the identity of the p rson conducting such activities. (g) The provisions of this sectio , including the obligation to indemnify, shall survive the termination or expiration of the igreement Term. (h) Nothing in this section shall 1 prejudice or impair the rights or claims of Operator against any person or entity other than City with respect to the presence of Hazardous Substances as set forth above. (i) Operator may, at its own expanse, conduct an environmental audit of the Shiplift Premises, and provide a copy of t e audit report to City, within 60 days of the date the Agreement Term commences. If the audit report identifies Hazardous Substances at the Shiplift Premises, eit er (i) within 120 days after the date the Agreement Term commences the parties hall agree in writing on the extent to which each party is responsible for such Hazard us Substances, or (ii) this Agreement shall terminate at the end of such 120-day period., Section 2.04 - Protection A 9 ainst L ens. (a) Operator shall not permit to be t■aly enforced against the Shiplift Facility or any •.rt of it any mechanic's or materialman's lien arising from any work of improvement, how:ver it may arise. However, Operator may in good faith and at Operator's own expense •ntest the validity of any such asserted lien, claim or demand, provided Operator has fur ished the bond required in AS 34.35.072 (or any comparable statute hereafter enacted fo providing a bond freeing the Shiplift Facility from the effect of such a lien claim). Operator shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Shiplift Facility by Operator, together with reasonable attorneyS' fees and all costs and expenses incurred by City in negotiation, settling, defending, or btherwise protecting against such claims. (b) If Operator does not cause t be recorded the bond described in AS 34.35.072 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered gainst Operator by a court of competent jurisdiction for the foreclosure of a mech nic's or materialman's lien claim, and if Operator fails to stay the execution of the judgment by lawful means or to pay the judgment, City shall have the right, but not tile duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgme t or lien or both. Operator shall reimburse City for all sums paid by City under this par graph, together with all City=s reasonable City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 1 Page 7 Slow 1 , 97 1 attorneys' fees and costs, plus interest on those sums, fees, and costs at the rate of 10.5 Nor, percent per year from the date of payment until the date of reimbursement. (c) City may give notice of non-responsibility for any work performed by Operator on the Ship lift Facility. (d) On completion of any substantial work of improvement during the Agreement Term, Operator shall file or cause to be filed a notice of completion. Ope- rator hereby appoints City as Operator's attorney-in-fact to file the notice of completion on Operator's failure to do so after the work of improvement has been substantially completed. Section 2.05 - No Preferential Rights to Use Port Facilities,. This Agreement does not grant any exclusive or preferential right to use any of City's Port Facilities, except that Operator shall have a preferential right to use the Ship lift Facility. Operator's use of City's Port Facilities shall be subject to the applicable tariffs, procedures, rules and regulations of City in effect from time to time. Section 2.06 - Security for Ship lift Premises. Operator shall limit access to the Ship lift Premises by constructing and maintaining at Operator's expense a fence in accordance with the specifications, and at the location designated, in Exhibit C hereto. Operator shall provide City and its lessees with 24 hour access to the Managed Parcel. Section 2.07 - Leasing and Use of Managed Parcel. (a) City reserves the right from time to time to lease all or any part of the Managed Parcel, to use all or any part of the Managed Parcel for any purpose, and to permit others to use all or any part of the Managed Parcel, provided that: (1) Notwithstanding Section 2.03, Operator shall not be responsible for any Hazardous Substances on the Managed Parcel resulting from the leasing or use of the Managed Parcel under this subsection, and any lease of the Managed Parcel by City shall incorporate obligations of the lessee in the terms of Section 2.03 for the benefit of City and Operator. Upon the termination of any such lease or use of the Managed Parcel, City at its own expense, shall conduct an environmental audit of the area subject to the lease or use, and provide a copy of the audit report to Operator. As between City and Operator, City shall be responsible for any Hazardous Substance revealed by the report that was not reported to be present at the commencement of the lease or use. (2) Notwithstanding Article IV, Operator shall not be responsible for indemnity or insurance with respect to the leasing or use of the Managed Parcel under City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 8 .41 98 _) '`,, this subsection, and any lease of the Managed Parcel by City shall incorporate obligations of the lessee in the terms of Article IV for the benefit of City and Operator. 1 (b) Operator may use all or an ' part of Managed Parcel for the temporary storage of vessels at the current day la charge stated in City's harbor tariff. This permission for use by Operator may be r yoked by City at any time. Unless City and Operator agree otherwise, any other use y Operator of the Managed Parcel shall be subject to rental charge per square foot equal to double the per square foot rent represented by the currently effective Rent nder the Lease. Section 2.08 - Inspection by Citv.1 City may at any time enter the Shiplift Premises, for the purpose of inspection t determine Operator's compliance with the terms of this Agreement. Such inspection may include the taking of samples of soil or water, and the reviewing and copying of ny records relating to the operation of the Shiplift Facility. ARTICLE 3 Operation and Maintenance of Shiplift Facility j Section 3.01 - Revenue. Operator shall have the right to collect and retain all Revenue received from the Shiplift Facility, nd Operator shall account separately for all Revenue received by Operator. Section 3.02 - Annual Facility Costs. Operator shall pay the Annual Facility Costs for each Fiscal Year. Annual Facility Costs(consist of the following, properly incurred or paid during each Fiscal Year: (a) Maintenance and Operation Costs of the Shiplift Facility; and (b) Amounts which may be required to pay the costs of major renewals or replacements of the Shiplift Facility, to the extent that such costs are not covered by insurance. Section 3.03 - Operation of Shi'lift Fa flit . (a) Operator shall at all times m-intain, preserve and keep, or cause to be maintained, preserved and kept, the Shiplif Facility and all additions and betterments thereto and extensions thereof and every pa and parcel thereof in good repair, working order and condition and will from time to time make or cause to be made all necessary and proper repairs, renewals and replaceme is thereto and may from time to time make City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 9 99'i or cause to be made extensions and betterments thereto, and Operator will at all times operate or cause to be operated the Ship lift Facility in a safe and efficient manner in accordance with the manufacturer's instructions for operation, and at a reasonable cost. Operator will comply with all terms and conditions of all licenses and permits which are of material importance to the operation of the Ship lift Facility Operator shall maintain a Certificate of Class and maintain a fully functioning cathodic protection system. (b) Operator shall perform Maintenance of the Ship lift Facility in accordance with the maintenance schedule prepared by City and Operator and attached as Exhibit D hereto. This schedule provides for maintenance in accordance with the recommendations of Norton Corrosion and Pearlson Ship lift Corporation and their successors, and shall be kept in conformance with the maintenance recommendations of Pearlson Ship lift Corporation. This schedule provides for major renewals and replacements to the Ship lift Facility, which shall be modified from time to time in accordance with the recommendations of Lloyd's Registry of Shipping. (c) Operator shall permit the Ship lift Facility to be operated only by persons that Operator determines to be qualified, competent and otherwise fit to perform their assigned duties in the operation of the Ship lift Facility. Formal training is the responsibility of Operator and can be obtained from Pearison Ship lift Corporation or others. (d) Agents of City may enter the Ship lift Facility at all times to inspect the Ship lift Facility or observe its operation. If City observes the Ship lift Facility being operated in an unsafe manner or in a manner that does not conform to the manufacturer's instructions for operation, City may order Operator to cease operating the Ship lift Facility until the problem has been corrected. (e) Operator shall, at its own expense, schedule annual inspections of the Ship lift Facility by Norton Corrosion, Pearlson Ship lift Corporation, Lloyd's Register of Shipping and such specialty consultants as may be required by Pearlson Ship lift Corporation or Lloyd's Register of Shipping, and promptly provide to City a copy of the report of each such inspection. (f) Operator shall maintain reasonable hours of Ship lift Facility operation, and reasonable procedures for Ship lift Facility operation, that accommodate all members of the public desiring to use the services of the Ship lift Facility. In operating the Ship lift Facility, Operator shall not discriminate against any member of the public desiring to use the Ship lift Facility with respect to hours of operation, services offered, scheduling of operations, or any other aspect to Ship lift Facility operation. City of Seward and Seward Ship's Drydock, Inc, Maintenance and Operating Agreement Page 10 100 ---) ) 1■11. Section 3.04 - Maintenance of Accounts andStatements; . Operator shall keep proper books of account for the Ship lift Facility which shall be kept in accordance with Generally Accepted Accounting Principles.I Operator shall prepare, and submit to City, statements showing in reasonable detail in ome and expenses of the Shiplift Facility for each Fiscal Year, including Revenues, a ri, ounts expended for maintenance, renewals and replacements of and capital additions o the Shiplift Facility. Such statements shall be filed with City within 120 days of the clos of each Fiscal Year. Section 3.05 - Operating Plan. P ior to the beginning of each Fiscal Year, .e Operator shall prepare and file with City a i operating plan for the ensuing Fiscal Year. The operating plan shall include an estimat of Revenues and Annual Facility Costs and a schedule for repairs and maintenance to b performed during the Fiscal Year. Section 3.06 - Inventory. Operator snail maintain on hand the inventory of spare parts for the operation and maintenance of the Shiplift Facility as shown in Exhibit E, and Operator shall transfer that inventory to City upon the expiration or earlier termination of the Agreement Term. Section 3.07 - Rates and Charges. ith each annual operating plan submitted to City, Operator shall propose rates and char es for the use of the Shiplift Facility. Such rates and charges shall not discriminate arpong users of a class of service or among different classes of service. Rates and ch rges do not discriminate among classes of service if they are reasonably related t o t e cost of providing each class of service, 1.." allocated according to Generally Accepted A counting Principles. 1 ARTICLE 4 1 Indemnity; Insurance Section 4.01 - O•erator's Dut to In.emnif . In addition to any other duty to indemnify or defend City, Operator shall clef:.nd, indemnify and hold harmless City from any and all claims, actions and demands fir death or injury to persons or damage to property, arising from the use of the Shinlift Facility during the term of the Initial Agreement and the Agreement Term by Operator, Operator's contractors, agents, officers, employees and invitees, or the gene al public. Section 4.02 - Insurance Requirements. During the Agreement Term, Operator shall procure and maintain at its expense the insurance described in this section subject to the terms and conditions set forth in this section. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 11 10 1 1 *.ond (a) Operator shall procure and maintain the following insurance under this Agreement: (1) Commercial general liability and automobile insurance, with limits of liability of $5,000,000 for all injuries, deaths or property damage resulting to any one person and $5,000,000 limit from any one occurrence. Coverage under such insurance shall also include explosion, collapse and underground property damage hazards. Such insurance shall include a blanket contractual liability ondorsement. For non-owned watercraft of Operator or its customers any "watercraft exclusion" in the commercial liability insurance policy shall be eliminated. Protection and indemnity insurance shall be provided with the same limits as the commercial liability insurance for the use of Operator-owned watercraft. (2) All risk physical damage insurance for any buildings, equipment, machinery any other property upon the Ship lift Facility at replacement value rather than original cost. (3) Workers Compensation Insurance and insurance under the Harbor Workers and Longshoremen's Compensation Act. (4) Coverage for vessels in the care, custody or control of Operator (ship repairer's liability) with limit of liability of $5,000,000. (5) Environmental impairment liability or pollution legal liability insurance ■,..1010 for all bodily injury and property damage to parties other than Operator caused by pollution emanating from the Premises, with limit of liability of $1,000,000. (6) Marine Liability Insurance and any other insurance required under any permit or tariff of City. (b) The minimum amounts and types of insurance required under this Section shall be subject to revision in accordance with standard insurance practices, in order to provide continuously throughout the Agreement Term a level of protection consonant with good business practice and accepted standards in the industry. Such factors as increases in the cost of living shall be utilized in assessing whether the minimum insurance requirements should be increased. City shall notify Operator of any required increase in insurance coverage. (c) All insurance policies shall provide for 30 days' notice to City of cancellation and/or material change in policy terms. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to City. Operator shall furnish City, on forms approved by City, certificates City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 12 *MO 102 ' ---, ) ) ilifty evidencing that it has procured the insurance required herein prior to the operation of the Ship lift Facility by Operator. Operator s all be liable for all deductibles under any insurance policy obtained by Operator and r this Agreement. Nothing herein contained shall prevent Operator or City from placing and maintaining at City's or Operator's own individual cost and expense, additional or otier insurance as may be desired. (d) On October 1, 2011, and an ually thereafter throughout the Agreement Term, Operator shall procure and submit to City a written report from a reputable insurance broker acceptable to City that the broker has reviewed the types and amounts of coverage of insurance obtained by Opera or and the operations of Operator and in the opinion of the broker the coverage com lies with Operator's obligations under this Agreement. (e) All of the insurance policies re uired above as well as any other insurance carried by Operator or City shall provid that the insurers waive their rights of subrogation against City and Operator and their respective officers, servants, agents or employees. Operator further agrees to waiv and agrees to have its insurers waive any rights of subrogation (whether by loan recei ts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether in ured or not. Operator shall also name City as an additional insured on the general liabi ity insurance policy maintained by Operator as required above, excluding coverage for laims resulting from City's sole negligence. Operator shall promptly and without reques by City supply City copies of all insurance loal. binders and policies. 1 1 ARTICLE Assignment Section 5.01 - Assignment of Agreement. The parties recognize that a material reason for the finding by the City Council of Seward that it is in the public interest to enter into this Agreement with Operator is Operator's experience in operating vessel repair and construction facilities on the Premises. 1 Except as provided in Section 5.02, any assignment of this Agreement by Operator shall be void, and any attempt by Operator to assign this Agreement gives City the right immediately to terminate this Agreement. Section 5.02 - Assignment. Notwiths a nding Section 5.01, Operator may assign .t its entire interest under this Agreement to a person to whom Operator sells its vessel repair and construction business, provided that the assignee and the terms of the assignment shall be subject to approval by Ciy. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 13 ' Iser, 1 .i0 1 1 -\ ■ftd ARTICLE 6 Default; Remedies Section 6.01 - Events of Default. Each of the following shall be an act of default under this Agreement and the terms "acts of default" and "default" shall mean, whenever they are used in this Agreement, any ono or more of the following events: (a) Failure by Operator to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this Agreement for a period of 30 days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to Operator by City; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by Operator within the applicable period and diligently pursued until the default is corrected. (b) The making by Operator of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by Operator, the adjudication of Operator as insolvent or bankrupt, the petition or application by Operator to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to Operator under any bankruptcy, insolvency, reorganization, arrangement or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a 'told period of six months from the date of commencement thereof. (c) Any event of default under the Lease. Section 6.02 - Remedies for Default by Operator. Whenever an act of default by Operator shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, City shall have the following rights and remedies all in addition to any rights and remedies that may be given to City by statute, common law or otherwise: (a) City may terminate this Agreement and re-enter the Shiplift Facility and take possession thereof. (b) Recover, whether this Agreement be terminated or not, damages incurred by City by reason of the breach or default by Operator. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 14 Nue 104 1 [ T) _ , ittir (c) No expiration or termination cf this Agreement shall expire or terminate any liability or obligation to perform of Operator's which arose prior to the termination or expiration except insofar as otherwise agre d in this Agreement. I (d) Each right and remedy of city provided for in this Agreement shall be cumulative and shall be in addition to ev ry other right or remedy provided for in this Agreement or now or hereafter existing at I w or in equity or by statute or otherwise, and the exercise or beginning of the exercise I y City of any one or more of the rights and remedies provided for in this Agreement or ow or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any or all other rights or remedies provide for in this Agreement or now or thereafter existing at law, or in equity or by statute or therwise. c Section 6.03 - No Waiver of Breach[I. No failure by City to insist upon the strict performance by Operator of any term, co enant or condition of this Agreement or to exercise any right or remedy consequent up n a breach thereof, shall constitute a waiver of any such breach or of such terms, coven nts or conditions. No waiver of any breach shall affect or alter this Agreement, but eac and every term, covenant and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach. 1 i Section 6.04 - Cure by City. City shall have the right, but not the obligation, to cure any default of Operator under this A0eement if Operator fails to cure the default likt. within the time allowed under Section 6.01. Any cost incurred by City in effecting such a cure shall be payable by Operator upon demand, and shall bear interest at a rate of 15% per annum until paid. ARTICLE 7 Miscellaneous Section 7.01 - Time. Time is of the a sence of each provision of this Agreement. The time in which any act is to be performed under this Agreement shall be computed by excluding the first day and including the last unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. [ Section 7.02 - Entire Agreement. Thi Agreement contains the entire agreement of the parties with respect to the matters overed by this Agreement, and no other agreement, statement or promise made by any party which is not contained in this Agreement shall be binding or valid. 1 City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 1 Page 15 41kr., 1 ■ , 1 1 Section 7.03 - Relationship of Parties. Nothing in this Agreement, and no performance of either party hereunder shall cause the relationship of the parties to be that of principal and agent, partners or joint venturers, or cause the parties to be associated in any manner other than as owner and independent contractor. Section 7.04 - Notices. All notices required or authorized to be given by either party under this Agreement shall be in writing and shall be served personally or sent by registered mail as follows: City of Seward P.O. Box 167 Seward, Alaska 99664 Attention: City Manager Seward Ship's Drydock, Inc. P.O. Box 944 Seward, Alaska 99664 Attention: President Notice by mail shall be deemed to have been given at the time of mailing. Each of the above addressees may, by written notice to the other, designate any further or different addresses to which subsequent notices shall be sent. In addition, the parties hereto may agree to any other means by which subsequent notices may be sent. Section 7.05 - Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon City and Operator and their respective successors and assigns. Section 7.06 - Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Section 7.07 - Amendments. This Agreement may be amended only by a writing signed by City and Operator. Section 7.08 - Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 7.09 - Applicable Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Any civil action brought by any party under this Agreement shall be commenced and maintained in the Superior Court, Third Judicial District, State of Alaska, at Anchorage. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 16 `gad 106 ;-„,) Section 7.10 - Ca tions. The captions or headings in this Agreement are for convenience only and no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of 'Nod the date first written above. City: CITY OF SEWARD YArOgio. Jame 'fint r City D.46ager ATTEST: j)( 4a itilmg4A J hanna Kinney, CMAICII—ej ity Clerk .10,0 ft g”Ils4404.4, e4k. Operator: SEWARD SHIP'S DRYDOCK, INC. e SEAL, ° ike. Ja, es T. Pruitt 00.,„c oF -onuses President City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 18 1111110 108 Exhibit A Defrred Maintenance DEFERRED MAINtENANCE PROGRAM Backfill transfer pit COMPLETED Renew oil in winch gear box COMPLETED Motor reseal 11 COMPLETED Brake reseal COMPLETED Batter pile repair COMPLETED Coat fasteners COMPLETED Rail alignment COMPLETED Motor dip/bake 7 ea. COMPLETED Line amplifiers COMPLETED Paint gear box COMPLETED Paint structural steel on platform14, OO COMPLETED Cleaning and tightening electrical connections \ COMPLETED Repair of wooden decking on platform Replace sill boards COMPLETED Cathodic protection system COMPLETED Coating pipe pile in splash zone (utilizing existing material) Coating of 33 cofferdam cells COMPLETED Cables $12,000 x 28 COMPLETED Motor Cover Repair(replace) COMPLETED Repair control house doors COMPLETED Repair air control system \ COMPLETED i COMPLETED Nor Erosion | �~- Wiring and conduit for warping capstan COMPLETED Lower sheave bearings | COMPLETED Winch junction boxes ! COMPLETED Repair support pile COMPLETED Repair winch covers COMPLETED City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 19 ‘lier 109 Exhibit B-Description of SMIC [Attach Plat Map] • sail/0 City of Seward and Seward Ship's Drydock, Inc. 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Pc 4,t-YR-V1;-::'1• - ---,-"NrvizaK IN — ' 5 • : • L I I I --A 020051 , 111 -21-o0 16: 09 REC..,[VED FR011:4.9972247137 •,- - -, 1 Illikkow , I 1 1 1 4 � EnNb�O- M�n�name�mha�d8o�d � �N� In addition to other obligations in this Agreement, all maintenance of the Ship lift Facility shall accomplish and conform with the guidelines in the operation and maintenance manuals, S-2787 and S- 2751, as published by NB Syncrolift and current standards set by Peaduon Ship lift Corporation Maintenance Records P022 — Seward Ships Drydock Company (as included herein in Exhibit 0), Norton Corrosion, and Lloyds of London. '41.1111110 City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 22 ‘41110 . | '-‘i ` � / \ J ~' . . � ���'/� b;-'t ))1��^ ,`/ � -- HIP[/FT MAINTENANCE RECORDS � -------' P0%D-8swmno SHIPS DnvoocxCO. OVERVIEW | I Periodic in otkm and maintenance isp» ired to assure the safe, reliable operation your shiplift and transfer system. The following forms, charts and logs will provide a checklist and comprehensive record of your compliance w/kh recommended maintenance procedures. A loose leaf notebook should be used to file all completed check sheets.A more stringent maintenance schedule may be implemented if it/mfbund to be necessary to accomplish the intent of the maintenance program or to maintain a specific classification requirement. The appropriate record sheet(s) for the maintenance activity to be completed should be copied and used to record all maintenance tasks carried out. Each sheet must be signed and dated by the person responsible for the maintenance of the shiplift transfer system upon completion of the tasks on the sheet. Each week one of the Weekly Maintena ce Record forms must be completed and placed in the shiplift maintenance log book. Each third month one Additional Three Monthly Maintenance Record must be completed and placed In the shiplift maintenance log book, along with the Weekly Form. Each sixth month one Additional Six ' —^^^^^^x Maintenance Record must be completed and placed in the shiplift mainten nce log bnmk, along with the Weekly and Saw Three Monthly Forms. \ I Each year Additional on� Additional Annual Maintenance Rm�ord muot �e completed and placed in the mhip}Ut maintenance log book, along with the Weekly, Three Monthly and Six Monthly Forms. | In addition, tasks to be completed less frequently should be entered as comments on the Additional Annual Maintenance Record. These tasks include: 1. Every two | t the hoists 2. Every wo years, repaint cradles. 3. Every five years, change all gearbox oil, Unless testing has shown an earlier change was necessary. 4. Every eight years, strip and examine One set of upper sheave bearings, The bearings should be renewed if there is an sign of pitting, If there is a need to renew the bearings, then all bearings of an equal life must also be stripped and examined. 5. Every eight years or 2,000 operating ho rs, whichever occurs first, all hoist wire ropes must have been replaced (unless eguiar NDT rope evaluation is combined with semi-annual visual and annual destru tive testing of one wire rope). 6. Every ten years, strip the motors. Clean nd examine the stator windings for signs of damaged insulation. Renew the bearin s and reassemble. puC-p022emR-11011*n0 | Page:'~` Pearlson Shiplift Corporation a 1xnaoow114m Place,Miami,Florida a31m " Email: m@v ft.cwn Correspondence: Post Office Box xon1o0,Miami,rLooxn*cuoo • Main:(305)720'2536 Fax:(305)505-7161 li � [ \ l 11 d - )(t1.1.111-r 'sad PEARLSON --T SHIPLIFT MAINTENANCE RECORDS P022—SEWARD SHIPS DRYDOCK Co. WEEKLY MAINTENANCE RECORD Refer to Maintenance Manuel for details of tasks to be performed. IJ 77-7- ',7"7":77-77777117,15::;,7,71 iL Shiplift Platform 11111 Inspect•latform deckinst. 0 MIIIIMENLubricates the lower sheave bearints. MEI Verify the platform has been run at least 8 feet. 111 Visually Inspect the wire rope lubrication and Shiplift Hoist replenish as required. Ro•es lill/MIONNININIMONEMINONINOMONININEMOMOIMIONMI Shiplift Transfer Lubricate the wheel bearings of all cradles which System have been submerged. The above tasks are to be completed each week. Comments and Observations: 'Nor The above tasks have been completed: YES ONO Signed: Date: PSC-P022-SMR-710118-R0 Page:2 of 9 Pearlson Shiplit1 Corporation 12030 SW 114th Place,Miami,Florida 33176 0 Emalkiafo@shipiift.com Correspondence: Post Office Box 560100,Miami,FL 33256-0100 Main:(305)720-2536 Fax:(305)595-7161 " 1 /41100 116 ,,, , ,. 411krir PEARLSON .----- SH111 ,-11FT —4.-- SHIPLIFT MAINTENANCE RECORDS P022—SEWARD SHIPS DRYDOCK Co. ADDITIONAL THREE MONTH MAINTENANCE RECORD Refer to Maintenance Manual f r details of tasks to be performed. _, Aggille:,3.n—ij, , ., -,,,, ,, ; , 1710, 00),' ,,, , ' ..-,. ,.: ::.:,Ii,2(0i)xiiitt Shiplift Hoist IIII Ropes Rotate rope reels in storage. 0 1111111111111 Inspect load cell tra sducer pin and anti-rotation bracket.Check that able connectors are ti•ht. MI I Shle lift Hoist ME Check the enclosed •ear drive oil level, 0 NOMMINNIMIIII1111111111111111111111111111111111 Shiplift Transfer Visually inspect tree• and inside flanges of cradle 0 System wheels. The above tasks are to be completed with the Weekly Maintenance Tasks. Comments and Observations: Slim, f • I 1-- f- 1 , I The above tasks have been completed: 0 YES ONO Signed: I Date: PSC-P022-SMR-1-10118-R0 Page:3 of 9 Pearlson Shiplift Corporation • 12030 SW 114th Place, Iamt,Florida 33176 • Email:lnfo@shipllft.com Correspondence: Post Office Box 560100,Miami,FL.33256-010 0 Main:(305)720-2536 Fax:(305)595-7161 p i4klirl 117 1 I • kfiL ; J) PEARLSON SHIPLIFT MAINTENANCE RECORDS P022—SEWARD SHIPS DRY0oCK co. ADDITIONAL SIX MONTH MAINTENANCE RECORD Refer to Maintenance Manual for details of tasks to be performed. (Rope Inspection and Test Results to be recorded on Rope Inspection Log/Chart.) (Brake Inspection to be recorded on Brake Inspection Log.) cy,x9-411;q11,r13,4, • „ ‘,1,%-,fiziR.1•319-,4-„, • • ,; , Clean limit switch actuator plate and paint as Shiplift Platform required.Check actuator plate fasteners for tightness. Shiplift Hoist 2 Visually Inspect the wire ropes for broken wires and . Ropes wear. Enter results on Wire Rope Inspection Charts. Hoists 3 Shipllft Lubricate upper sheave bearings, pawl pivot,hoist . frame bearings. Lubricate limit switch actuator mechanisms in the 4. 0 hoist limit switch box. Strip brake, Inspect,clean out dust and check brake 5. 0 torque and solenoid air_gap. Check Hoist Junction and Limit Switch enclosures 5 are clean and watertight. Check all glands&cables 0 and tighten all electrical connections. Shiplift Transfer ''‘11109 7 Visually Inspect rails and fasteners. 0 System 8. Visually Inspect transfer cradle paint 0 Check cradle and SIC wheel U-bolts for torque. 9 Note any signs of movement and misalignment. The above tasks must be completed in addition to the Weekly and Three Monthly tasks. Comments and Observations: The above task has been completed: 0 YES ONO Signed: Date: PSCP0224MR-110118-R0 Page:4 419 Pearlson Shiplift Corporation • 12030 SW 114th Place,Miami,Florida 33176 * Email:info@shiplift,com Correspondence: Post Office Box 560100,Miami,F1,33256-0100 • Main:(305)720-2536 Fax:(305)595-7161 118 .--, ) ) ._., ---- 44‘10, PEARLSON ----littrPtimasJ*T at. SHIPLIFT MAINTENANCE RECORDS P022-SEWARD SHIPS DRYDOCK CO. ADDITIONAL ANNUAL MAINTENANCE RECORD Refer to Maintenance Manual •r details of tasks to be performed. (Lower Sheave Inspection to be re 'tried on Lower Sheave Inspection Log.) F —777-47-1-.7 ■,`,'qtakilo 0 p-J1 ■I,' Mjf,' la.:LL - , , , ' P,L(A.,-trld;1 ,.. 1"0o` 111111 Shiplift Platform Check steel structu e(corrosion,welds and •rotective coatin• 0 IIIMIIIIIIIIIIIIMIEMMEaat least two lower sheaves. 1111111111111111111 11111111111111111111111111.1111111111111111111111111111.111111.0=111111111111111111111111111111111111111111111111111111111111111111111111 Shiplift Wire Ell Complete a Visual it NOT examination of selected Roses ro.es.Record findi Is on Rose ins section Record. 0 IIIIIIIIIIIIIIMIIIIIIIII 4. R -.7' 0 2 roam d test to destruction. 111111111111111 imummommommilimmommimimrammormoimm Ship lift Hoists IllgillneathijAd'ust as re.uired. 1111111041111111 1111111111111100. 6. Itil.:, '" 's MU ilini1EM11.11111111111111111110111. eCnoomopsi ea tde gae av irssu a e Ti es aamsample i n at lo o n o of 1 f oil from 0 of h mf the h IIII 0 •earbox and re.lace if test indicates it is necessa . IIIIIIIIIIIIIIIIIN 8. Me••er test all hoist otors. IIIIIIIIIWIIIIII II II III Shiplift Load Verify Calibration oft e Load Monitoring System. Monitoring 9. Install the temporary-upport beams and 0 S stem ad ust/re.air where r a uired. MININIMI11111111111111111111111111111111111111111111111111111111 14111411, Shiplift Transfer 10. Check 25%of wheel: for wear and disassemble and 0 System ins•ect 10%.. Check that rail levels:nd rail joints are within 0 EMI tolerances. 1111111111111 Check the condition of the Side Transfer Carriage 0 steel and deckin.. MNNININMNINIIIININ/IMMMMINIIIIIIIIIIIIIIINI Check all electrical co nections in the Control Shiplift Control Console and Motor Control Center. Functional check 0 System the entire Control syst:m in all modes of operation. The above tasks are to be completed with t e Weekly, Three Monthly and Six monthly tasks Comments and Observations: The above tasks have been completed: 0 YES ONO Signed: 1 I Date: PSC-P022-SMR-110118-RO Page:Sag Pearlson Shiplift Corporation * 12030 SW 114th Place,Miami,Florida 33176 • Email:info@shIpliftcom Correspondence: Post Office Box 560100,Miami,FL 33256-0100 • Main:(305)720-2536 Fax:(305)595-7161 1 41111111W 1 I 11 1 ...,„ „......, _,..) _ ) ,...0.0 PEARLSON ---12 ,,RFT --- SHIPUFT MAINTENANCE RECORDS P022—SEWARD SHIPS DRYDOCK Co. LOWER SHEAVE INSPECTION LOG 4 114), P,klicire44/4 41-4,--= 4,, :9.1,:■:FT, ,r ,w ...vit: ,w1.41.50 it, otji6 yqii...OR EIV.Iti,l'-.917,41, 9Anr:-*'Iv?-ia r -PAU; .,w,' ,','T.- i --- 'it kr ' 't-, 4i,i.:,,,*.14.,.:Ti-Nt-A-,•'-',''J'e',-,, V-1,---, mE,,Enlv,v,-il-''94 7 IP''',4),s'0'; .A1BatIV ■)fri,,'--, ATER,'t; .,,',-,, tofi ER „Kt Ifylrill?-4.- LstEi v.L.,;11111111111111111111111111111111111111111111111111111111111111 ML.....;:g r.312.0 • '.4.1isXtriegg rgait-og,,NI IM79- '71'1,4Pri iiiiiMEMIMMINNOMEMINMON LD i I i 1:.-_ BLA. ,IIIIIIIIIIIIIIIIIIIIMIIIIIIII trroll --I'MalliniMMINNliiiiiiiI■MliiiiiiiiN . Mffen1111111111111111111111111111111111111111111111 iST-IP•5fialai WilillAr(9,„;.4 ;ROE tiffeARG ra:013 Arti ikrasf .1.624 **.- Comments and.Observations: PSCP022-SMR-110118-Ro Page:8 019 Pearlson Shiplift Corporation 4 12030 SW 114th Place,Miami,Florida 33176 * Email:info@shiplift.com Correspondence Post Moe Box 560100,Miami,FL 33256-0100 * Maim(305)720-2536 Fax:(306)595-7161 jiI 11 Nid 120 ,..e...4,,, . , _, _ PEARLSON iluaw --- SHg;lasionz:n1 -1-1FT — , SHIPLIFT MAINTENANCE RECORDS P022—SEWARD SHIPS DRYDOCK CO. MOTOR/BRAKE INSPECTION LOG 7.4*"1,j,4 M P A W 1 4(3 1-,,,•,,,; 9 1 V.../y!....r..:'.l..14 L.r, ML'..I'.-•..,"I,-s•t,,7VLa, -v ;a7li7Z-u,a 04^.''0:,k :V,.?..':'.'-:.•r.P:e,i.,rN.v.4"gL a 04E ?47g t''a.:....,4Yr'x,'.is':.f-•.t:,f-::...:1,:?:;. lik scliPP' rigarvin . -. -11"e 4rorbryt !to. • .; •l'f .#,, *• , ,, ..... ,,.. zig;:6'....1 , ET, -..4 -F 7 ./1' ''''.4 -^ t; ,'- 'r:J ,,n7, ;wogs= Vt-3..Kg-X.' '''t 1:1111111r4V-W.0%,Milli f.": '..p.'}$1 LI l'iliguni 11',...-Q. 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F 1,1 . , .:!...,..„..„,,,..„..„:„. ,,,lat,sit,:iii.',. :ai:;:,i.iii -.*:!.: .i,i51:::9',N*YA F 11.04iti.4.4.1tg.v.1,-; AlirtAtik's0. I.• '..,-.'-''''.41. r.,.,..,..:1...eve..s. e ......1p..Ak%01% .n.:,..c......i, r..,ffiniVI le: itilP•-Ti, ' 3!..isqiu.. '0.,..f. ....,:.:4,1,. i'AiWki g - MrAlgi itiorpf ,gpA f.r "Ak0 .,...E . ...',...vi,, ti,a i•••1"'‘i .-:AT.grIPP pt...,..till. 1,,,.. 0.044 '4" niMiafryetkEll,,,11. ■ '',.0.t.:,•},-....c.Nei •ttiMEGGE1•4.. it'4 10:4.10g": ilta. IliVitYarR3 1 .1.1:-,d..V...iaig; 1...u.........6.4....st- , Coxrimento and Observations: I 4 1 PSC-P022-SAIR-110118-R0 Page:7 of 9 [ Fortson Shiplift Corporation * 12030 SW 114th Place,Miami,Florida 33176 o Email:info@shiplift,coin Correspondence: Post Office Box 560100,Miami,FL 33256-0100 a Main:(305)720-2536 Fax:(305)595-7161 , - - , '1141111161,' 121' ) • , PEARLSON New SH10-100011.111F1- SHIPLIFT MAINTENANCE RECORDS pozz—SEWARD SHIPS DRYDOOK CO. WIRE ROPE INSPECTION CNART 7-77,] I algti z11111111111111111111LNA4 41.011.4744 7-H,4.00111 ,•, •, , oJ W[100 ; VISUAL INSPEcTiON . . . .• , yogi, tiNti AV2 No*: 0 Pass O Fail 0 Pass 0 Fail 0 Pass 0 Fall 0 Pass 0 Fall Nod 0 Pass O Fail 0 Pass 0 Fail 0 Pass 0 Fail 0 Pass 0 Fail 0 Pass 0 Fail 0 Pass 0 Fail PSC-P022-SMR-110118-RO Page:8019 Pearison Shiplift Corporation 12030 SW 114th Place,Miami,Florida 33176 0 Small:info@shiplift.com Correspondence: Post Office Box 560100,Miami,Ft,33256-0100 a Main:(305)720-2536 Fax:(305)595-7161 '41111100 122 ( ir ( PEARLSON —.. si---Leaaamissr,aFT MAINTENANCE RECORDS P022-SEWARD SHIPS DRYDOCK CO. WIRE ROPE INSPECTION LOG - -• , -:it,5514,toiiit-,.,;-twil::;ai:74r-4., 1 al .A4,A -.-. -; s;1wrip , ) 54raami: ,-64,,, - 0: :; oriflonm W-c•'',-t: Redo'l-)3 t '1 Agar Milt:;f;Ili: ' REASON ITIWZ,ZIWW: t;7.4:1,T:.1Miow: _„..,..,., Mg1111- 111111111111111111111111111111111111111111.1 1111.11111. li1111111111111111111111111111111111111111 IMO IIIIIIIIIIIIIIEIL= 7a-A111111111111111111111111111111111111111111111111111111111 W64111111111111111111111111111111111111111 ' --.--'lltIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIII "41,77------i 1 1 II 1 - fillIttaZ, 111111111111 111 .......,_ __ •-7---kaimilmimmomorai • ,,,A'a'-- LaItgA11111111111111111111111111111111111111111111111111111111111 1111 t:;;-kllIlIllrIMIIIIIIIIIIMIMMII , ormiv.,-:- -----.lIllNIIIIIIIINIIIIIIIIIIInIIIIIIIIIIMIIIIIII M .AFAIIIIIIIIIIIIIIIIIIIIIIIIIIII .."‘z, IIII I1 id'' ''-'41111111111111111111111111.1111111111111111111.111111111 strf" a Page:9 of 9 PSC-P022-SMR-11011$-R0 --"*—* Corporation • Pearlson Shiplift 12030 SW 114th Place,Miami,Florida 33176 • Entail:info@shipliftcom Correspondence:Post Office Sax 660100,Miami,FL 33256-0100 • Main:(305)720-2536 Fax:(305)595-7161 \2‘ , ,.,-,...., IT) .1 . sod 10-?1,-2000 03:1Inci Fran-SEWARD 0 HARBOR , 491)7224718. 1-01T P.M F-182 . ExiliLT+ r • yNegoL T I.‘, ENTORY LIST li g n i LI 9. OA_Ns, _ Description Ouanty —...._...__ __ __ 1-16-NA Oper. Han e Circuit Break 12 ■-• R -NA Oper.Han le Circuit Break 1 ..---- . . PkZ1vI 3-32-NA - Basic Swi b 1 -- . _ ...... N214/1-12, 24, 30 Under Vo 1 tage Trip 110-550V 2'S --- DIL 2v-22-NA Universal ontactor S .-- DLL 00L-22-NA =Contactor DR 00L-44-NA Milli 2 ..-- DIL 001.-62-NA 121:11 2 --- Pk2.1v1 0-1 NA Manua) otor Starter ) — ___ PkZM 0-1, 6NA c=r otor Starter I ...--- _ P121v1 0-10 NA Manual otor Starter 1 --- ._,...._ DIL 0-22-NA Universe. Contactor 2. ...- Pk2M 3-25-NA Basic S 'tch 1 ... _.... "void Plaavl 3-16-NA CM:"tch 1 — ., . J-IDIL 2-NA Coil 1 ..---- 9-1146-002 Voltage ' -age 2 ---- 112X.AX578 Overeu em Relay eimr 2 '--- , . 85AXA173 - 1 0--- DIL-2-22 I 1 ..--- T2b-3-2173, 64 e flush ount Cam Switch 1 -0-- ..... — HR 311-NA 9 /2-Partial ..- - -- -7-. . ;012 AB Timing Relay 2 ..,- . • 7022 AB Timing Relay 2 ,.,..---- ... ....._ . (1 3728? A Tim ...ing Relay 1 ....-- t.- — RR 513-NA Timing Relay 21 2-Partial ,- CN 7k5PC 15CT Coil 1 1 ..... —.. , . I I ,tze. Sylicrolifi Invenro Pa I ty Lisr ! I 020056 01 -21 -00 16:06 RECEIVEp FRom:4-9072247187 P- oe 4 124 ) xlk4 ;f E • .!-0-21,1000 03:11prn From-SEWARD*HARBOR =90TZ247100 T-077 P 009 I I2XBX 206 A Undercurrent Relay 140 MA 60CY 160'MA 60CY 2 NZM 6-63 Uncl- Voltage Trip 240-600V I NZ..Ivi:H 6-63 Uncl-,r Voltage Trip 240-600V 1 Vari.u.s light.bulbs,nuMbers, ex. for I box co. .le ari•us nuts and.baks 1 box 'AIM 12-800 Sina t Trip -- U-P1<2M3-NA Al3x200 Fuse 6 A13x300 Fusel 21 ..-- A13x250 Fuse[ 12 ACAC10 Foscl 5 33133-1 Fuse! 39 D1024-C-02-P2 Valvie 1 13 1024 C-02.-1)1 Valvo 1 IF 4575 Cool Transformer 7 Cl3-17 Thetinal Overload Relay CA 3-16 Mater Sumer W/O/1-Relay 3 1151 V Inco .ing Voltage Meter 22216 RH 10-77 Rolle! Bearings W 33 RollOr Bearings 200. , 300mm 82m W33 Rolle Bearings 126n‘n, 200mm, 75tu 23032 R14W33 Rolle Bearings 2 120mtn,200mm, 75m 6318 Rolle Bearings ,--- 62)6 Roller Bearings 4 62)3 Roller Dealings S'yncrolift Inventory Lin Page 2 /1616) 15;07 -1 RI:CV . .t01..i:1.907Z2471/37 020057 1 -71 - P .09 125 --_, EX kl-1-41-t e . .A.V.21X111 13L qv* FoturcE14, WW1 +44i2241, T-017 0 PO ;-'11, `4400, 6.1)I I Roller Bearings 2 ..--- 631 i Roller Benito 2 -,--- 4)311 1 Roller Bearings 4 .- 1 2.1Q Roller Bearings 3 ..--- 302 CC/W33 Roller Bearings 2 23036/v/33, Roller Beatings 718:4- 15 3,14 *MOO 0-RitISS 3 7116 x 15 314 Teflon 0-RIngs 10 e...." Air Plunger for Pavil 2 „yr.' MOM=SeteCar SSOIth t --- Hoist Load Cell Shims 1S ......-- wil Cotter Pin .4.1.T.17.0....—r■■144.rims Line Amplifiers 2 good re.. 3 bad i maybe Various pant tot riming relays 1 boa #'' ..—,4., 1* ____ Op er, Handle t 4.+' \iimost _.—... 11V 4 ..10 ......' AP 4 i4 ....-"' AP 2.5 6 --- Wire 113 Numbers 1 pkg. -••••351•1.6.•■•■•••••••11111■101M11....1. ..—• a .-..,... llrairt Coil .-- ------ OnOce ftission Disk 16 ..---- Porta•Powes Xit t .....-- "c - if o Mowi 2 Wu Lang Cables 2 ...-' Left Lang Cable 1 ..-e- Capan Motors 1,..''..". ,e,-••• ,...a.,,,...• Sirrroliit Invemor) Lin Palo' $ 024058 01-at ,E)0 I ti:P7 Agog(VRD rAOH;+907224787 NI1110 126 r . Vigor Industrial,LLC __ , Phase I Environmental Site Assessment N.r1 Project Solstice Seward Ships Drydock 7-Mile Nash Road Seward,Alaska ti April 2014 , Project Number 0230020 i'iiN,i ".... 7 `"* 'N Erik Ipsen,PE . Partner-in-Charge Phase . SewaBob Geologist Assessment -tee..lit--- Prolect Solstice Seward Ships Drydock 7 Mile Nash Road Lisa Nicholson Seward,Alaska Project Manager Prepared tor. ERNI-West,Inc. Vigor Industrial,LlC April 2014 1001 SW 5th Avenue,Suite 1010 Portland,Oregon 97204 www.erm.cem T:(503)488-5282 F:(503)488-5142 The wohd`s leading sustainability consultancy ER d 7 TABLE OF CONTENTS 4.0 ASSESSMENT OF PAST LAND USE AND OPERATIONS 12 LIST OF FIGURES III 41 GENERAL INFORMATION 12 EXECUTIVE SUMMARY 1 4.2 HISTORICAL ENVIRONMENTAL REPORTS 12 4.3 EVALUATION OF HISTORICAL INFORMATION SOURCES 15 1.0 INTRODUCTION AND BACKGROUND 1 43.1 Subject Property 16 L1 PURPOSE AND AUDITORS 1 4.3.2 Adjacent Properties and Surrounding Area 16 1.2 SCOPE OF WORK 1 5.0 DATABASE AND GOVERNMENT RECORDS REVIEW 18 1.3 LIMITING AND SPECIAL CONDITIONS 2 5.1 GOVERNMENT RECORDS RE VIEW/INTERVIEWS 18 2.3.2 Limiting Conditions during the Site Visit 2 5.2 ENVIRONMENTAL DATABASE SEARCH 18 1.3.2 Significant.Assumptions 2 5.2.1 Subject Property 19 2.0 SITE SETTING 3 5.2.2 Surrounding Properties 19 2.1 LOCATION 3 6.0 DATA GAPS 21 2.2 NEIGHBORING PROPERTIES 3 7.0 USER AND OWNER PROVIDED INFORMATION 22 2.3 TOPOGRAPHY AND HYDROLOGY 4 71 USER AND OWNER/OPERATOR QUESTIONNAIRES 22 2.4 GEOLOGY AND HXDROGEOLOGY 4 7.2 TITLE RECORDS 22 3.0 SITE AND OPERATIONS INFORMATION 6 7.3 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS 22 3.1 GENERAL SITE DESCRIPTION 6 7.4 SPECIALIZED KNOWLEDGE 23 31 UTILITIES 6 7.5 COMMONLY KNOWN OR REASONABLY ASCERTAINABLE 3.3 PROCESSES AND MATERIAL USE 7 INFORMATION 23 3.3.1 Current Operations 7 7.6 VALUATION REDUCTION FOR ENVIRONMENTAL ISSUES 23 3.3.2 Discontinued Operations 7 7.7 OWNER,PROPERTY MANAGER,AND OCCUPANT INFORMATION23 3.4 CHEMICAL USE AND STORAGE 7 3.4.1 Underground Storage Tanks(U5Ts) 7 7.8 REASON FOR PERFORMING PHASE I 23 3.4.2 Aboveground Tonics(ASTs) 7 7.9 NON-REGULATORY INTERVIEWS 24 3.5 HAZARDOUS AND NON-HAZARDOUS WASTE MANAGEMENT 8 8.0 CONCLUSIONS/RECOMMENDATIONS 25 3.5.1 Hazardous Waste 8 9.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS CONDUCTING 3.5.2 Non-Hazardous Waste 8 THIS ASSESSMENT 27 3.6 WATER,WASTEWATER,AND STORM WATER 8 10.0 LIMITATIONS 3.6.1 Water 8 28 3.6.2 Wastewater 9 APPENDIX A-SITE PHOTOGRAPHS 3.6.3 Storm Water 20 APPENDIX B-AERIAL PHOTOGRAPHS,TOPOGRAPHIC MAPS,CITY Via.. 3.7 AIR EMISSIONS 10 DIRECTORIES SEARCH RESULTS,AND SANBORN FIRE fir•' INSURANCE MAPS 3.8 POLYCHLORINATED BIPHENYLS(PCBs) 10 APPENDIX C-SITE-AND USER-PROVIDED INFORMATION 3.9 VISUAL INDICATIONS OF ON-SITE IMPACTS 11 APPENDIX D-USER AND OWNER QUESTIONNAIRES 3.10 ASBESTOS-CONTAINING MATERIALS(A CMS) 11 APPENDIX E-EDR DATABASE SEARCH RESULTS APPENDIX F-PROFESSIONAL PROFILE i ii 12i. LO INTRODUCTION AND BACKGROUND ERM's Phase I ESA included: • An on-site inspection of the subject property to evaluate current conditions and identify areas of potential concern; 1.1 PURPOSE AND AUDITORS • A review of property history through interviews and aerial ERM-West,Inc.(ERM)performed a Phase I Environmental Site photographs,city directories,ownership records,and historical Assessment(ESA)of the of the Seward Ships Drydock(551D)operations mapping; located at 7-Mile Nash Road,Seward Marine Industrial Complex Seward, • Observation of adjacent properties and the local area to evaluate the Alaska(the"subject property"or"site").ERM performed the ESA at the potential for adverse environmental impact to the subject property; request of Vigor Industrial LLC(the"User")using a materiality threshold of$250,000 per environmental issue identified.Noteworthy issues of • Interviews/research of local city/county,tribal,state,and federal <$250,000 will also be identified. records,including contracting of Environmental Data Resources,Inc. (EDR)to identify sites of concern as required in the regulatory records The site visit was performed on 19 December 2013 by ERM assessors Ms. review section of the ASTM standards for a Phase I ESA,where Lisa Nicholson,C.P.G and Ms.Kelsey Coolidge.ERM was accompanied available;and on the site visit by Mr.Jim Pruitt,the owner of SSD,and the operator of • Interviews with the prospective purchaser. the subject property. Photographs of the site were taken to document current conditions and are included in Appendix A.Copies of aerial photographs,topographic 1.2 SCOPE OF WORK maps,City Directory Search results,and Sanborn Fire Insurance Maps are environmental assessment was conducted in conformance with presented in Appendix B.Property environmental records or permits, This This environmental proposal dated assessment December 2013 and with the requirements of reasonably obtainable at the time of the site visit,were reviewed and are American Society for Testing and Materials(ASTM)Standard E 1527-05. included ubmi(submitted in Appendix and appropriate. tor)ac presented questionnaires t i Appendix Standard Practice for Environmental Site Assessments:Phase!Environmental D.The EDR to the User and Owesults were Owner/Operator)are d and are p presented fo D.The EDR Database Search results were obtained and are gresented in Site Assessment Process and the standards for conducting all appropriate Appendix E. inquiries(AAI)set forth by the United States Environmental Protection Agency(USEPA)at Title 40 of the Code of Federal Regulations(CFR)Part 312. 1.3 LIMITING AND SPECIAL CONDITIONS The assessment was conducted to evaluate and identify conditions 1.3.1 Limiting Conditions during the Site Visit indicative of releases and threatened releases of hazardous substances and petroleum products on,at,in,or to the subject property.ERM's Phase I During the site visit the ground was covered by approximately a foot of ESA sought to gather information regarding:(1)current and past property snow. As a result,ERM was unable to inspect the ground conditions(e.g., users and occupancies;(2)current and past users of hazardous substances staining)due to the snow coverage. In addition,it was not possible to and petroleum products;(3)waste management and disposal activities determine surface completions(i.e.,pervious or impervious)at all that could have caused a release or threatened release of hazardous locations. substances;(4)current and past corrective actions and response activities to address past and ongoing releases of hazardous substances at the 1.3.2 Significant Assumptions subject property;(5)engineering controls at the subject property;(6) institutional controls at the subject property;and(7)properties adjoining No significant assumptions have been made. or located near the subject property that have environmental conditions that could have resulted in conditions indicative of releases or threatened releases of hazardous substances to the subject property. ERM 1 SOuTICE/si MAmIL ss1. NM 2 501.5TILIMONOW.1114 M. 2.0 SITE SETTING 2.3 TOPOGRAPHY AND HYDROLOGY The subject property is located in Seward Alaska,which ties in the south- 2.I LOCATION central portion of Alaska on the Kenai Peninsula region.Seward is located at the north end of Resurrection Bay.The subject property is part The SSD operations are conducted on Block 7 of the Seward Marine of the SMIC,which was constructed on the northern portion of the Fourth Industrial Center(SMIC)located at Mile 7 Nash Road,Seward,Alaska. of July Creek alluvial fan with quarried and/or dredged material from The total operations area includes an approximately 11-acre parcel on the Resurrection Bay.The SMIC is located at the mouth of Fourth of July creek SMIC uplands.SSD leases lots lA and 3 of Block 7.SSD has operations across Resurrection Bay from the main Seward townsite. outside these lease areas,including the transfer The property is located at an elevation of approximately 15 feet above The general location of the property and the physiographic features of the mean sea level,and is generally flat around the buildings and parking surrounding area are shown on Figure 1,developed from the United areas.The overall topographic trend of the surrounding area is to the States Geological Survey 75-minute quadrangle for Seward,Alaska,dated southwest towards Resurrection Bay.Mountains surrounding the site 1995.Figure 2 provides a site layout,including leasehold boundaries. reach elevations of 2,000 feet within one mile of the coast.The closest surface water features to the subject property are Carlanna Creek, immediately northwest of the subject property,and Fourth of July Creek 2.2 NEIGHBORING PROPERTIES located south of the subject property.The region is a temperate rainforest with approximately 68 inches of precipitation per year. The subject property leasehold is located in a marine industrial area across Resurrection Bay from the Seward,Alaska townsite.The abutting According to the EDR report(Appendix E),the subject property is not properties and nearby land use includes: identified within the 100 or 500-year floodplains.The EDR report does • North:City of Seward Washdown Pad(Block 7,Lot 4); show the subject property is identified on the national wetlands inventory map as containing potential wetland areas. • East:The eastern portion of Block 7,Lot 4 is used for storing derelict boats.The city moves the boats to this location when they have been abandoned in the boat storage area.Block 6 is immediately east of 2.4 GEOLOGY AND HYDROGEOLOGY Block 7 and only Lot 1 is currently leased by Global Towers for placement of a cell tower; The area surrounding Resurrection Bay was covered by glaciers during the Pleistocene Epoch.Numerous glaciers are still present east of • South:The southern portion of Block 7,Lot 4 is part of the active boatyard and two boats were parked there at the time of the site visit. Resurrection Bay and the Harding Icefield lies a few miles west of the Block 8,south of Block 7 is un-leased,undeveloped land in the main Seward townsite. alluvial fan of Fourth of July Creek;and Exposed bedrock is comprised of alternating units of greywacke and • West:A boat basin and dock with a 250-ton Marine SynchroLift for phyllite which have experienced low-grade metamorphism.Local pulling vessels out of the water. surficial deposits are comprised of alluvial-fan and fan-delta deposits and include drift,mudflows,and landslide deposits near the mouths of Based on ERM's observations,the closest residences are located smaller tributaries including Fourth of July Creek. approximately one mile north of the subject property on Nash Road. No visual evidence of environmental concerns was observed on immediately Geologic maps and site data indicate the subject property is underlain by surrounding properties.However,as noted above,the ground surface was fill,fan-delta deposits,and slightly metamorphosed sedimentary bedrock. covered with snow during the visit and could not be inspected. The steep underwater face of the alluvial fan at Fourth of July Creek reportedly suffered submarine landslides during the 1964 earthquake. ow 3 souncEnaee,,,ecel. 128 en, 4 wLance/naaa/ ns e4 Spring Creek Correctional Center(northeast of the SMIC).The well is up- 3.6.3 Storm Water gradient of the subject property. Stormwater from SSD is currently permitted under the USEPA-issued 3.6.2 Wastewater National Pollutant Discharge Elimination System(NPDES)permit number AKRO5CB23,issued April 21,2009.The ADEC has primacy over the Sanitary wastewater is discharged to the City of Seward municipal issuance of NPDES permits(now called Alaska Pollutant Discharge wastewater treatment system. Elimination System[APDES]permits)in Alaska. Mixed wastewater(from vessel washing)and stormwater from SSD is The average annual precipitation in Seward is approximately 68 inches. currently discharged to the Transfer Pit and an associated French drain. Precipitation that falls on the upland subject property is captured by the Regulators,including the USEPA,have identified the French drain as a Transfer Pit,runs off-site by sheet flow,or infiltrates into the ground potential Class 5 Underground Injection Control(UIC)system.However, surface.The Transfer Pit has four sediment traps that collect the water. the facility has not yet registered the drain as a UIC device. Stormwater is The outlets of the sediment traps lead to a French drain system.There are discussed below in Section 3.6.3. no storm water outfalls from the SSD lease area to Resurrection Bay. The management of other wastewater streams from SSD,under both Water flowing over the work bays is not treated. historical and current operating conditions,is discussed below. SSD received a notice of violation(NOV)regarding their NPDES permit 3.6.2.1 Washdown Wafer from Work Bays on June 28,2013 based on an April 10,2013 inspection.ERM does not have a copy of the inspection report or the NOV,but it reportedly requires SSD The current USEPA-issued NPDES permit authorizes the discharge of to file monitoring reports on a timely basis and use best management washdown water without treatment,but requires quarterly monitoring for practices.Until the issues in the NOV are resolved,SSD is in technical sheen in water from four sediment traps located in the Transfer pit. violation of its lease agreement with the City of Seward. 3.6.2.2 Ballast Water 3.7 AIR EMISSIONS The NPDES permit does not authorize the discharge of ballast water.SSD contracts Emerald Alaska,Inc.to manage the ballast water from client ERM did not observe reportable air emission sources on the subject vessels. property.However,between December 2004 and February 2007 the ADEC received more than 20 complaints regarding fugitive dust.The ADEC file 3.6.2.3 Floodwater for the site indicates that two Air Quality violations have been issued to SSD;one on May 13,2005 and one on February 23,2007.ADEC required No flood water comes into contact with the SSD's working surfaces.Work SSD to develop and implement BMPs for fugitive emissions.SSD is only performed in the three work bays located inland from the subsequently developed a plan to control fugitive emissions;however,the SynchroLift dock. plan may be inadequate as fugitive emissions have continued to be the subject of citizen complaints. 3.6.2.4 Bilge Water The NPDES permit does not authorize the discharge of ballast water,The 3.8 POLYCHLORINATED BIPHENYLS(PCBS) client contracts Emerald Alaska,Inc.to manage bilge water from client vessels. PCB results from the 2007 USEPA Site Inspection indicated that Aroclor- 1254 was present above background levels in the covered bay and in the southern uncovered bay.One sample collected from the stockpile eau 9 scarce/ncaa,ArecLau e M 10 Kxsr.MnvalArxrtau exceeded ADEC cleanup level for PCBs of 1 milligram per kilogram 4.0 ASSESSMENT OF PAST LAND USE AND OPERATIONS (mg/kg). 4.1 GENERAL INFORMATION 3.9 VISUAL INDICATIONS OF ON-SITE IMPACTS Based on interviews with site personnel and a review of historical ERM did not observe indications of on-site dumping,land disposal,or photographs and records,the subject property is operated by SSD under contamination during the site inspection. Other than issues with spent an agreement with the owner,the City of Seward.Initial development sandblast grit described previously,a review of available records did not activities included dredging and filling to raise the site to the current identify historical waste disposal on site. elevation.SSD moved to the facility in 1988.The SSD facility has undergone several improvements since initial construction, Due to snow and ice cover,there were no observations regarding the absence or presence of soil staining.No oil stains were observed on the snow. 4.2 HISTORICAL ENVIRONMENTAL REPORTS ERM was provided with several historical reports for the subject property. 3.10 ASBESTOS-CONTAINING MATERIALS(ALMS) A summary of the reports is presented below. Asbestos was banned in most friable building materials(spray-applied 7)Seward Ship's Drydock Site Inspection,Seward,Alaska.Prepared by: surfacing materials and thermal system insulation)in 1978,but the Ecology and Environment,Inc.(E&E)2007.Prepared for:the USEPA. Occupational Safety and Health Administration deems spray-applied surfacing materials,thermal system insulation materials,and vinyl E&E performed a site inspection for the USEPA in 2007. E&E collected flooring materials as"presumed asbestos-containing materials(PACMs)" nineteen surface soil samples from suspected sources across the subject if they are present in pre-1981 buildings(29 CFR Parts 1910.1001 and property.The results indicated that: 1926.1101). • Benzo(a)pyrene and DRO exceeded ADEC soil cleanup levels in the Historical records indicate that the buildings were constructed on or after Transfer Pit and the Covered Bay; 1988.Asa result,PACMs are not likely to have been used in building • Only DRO exceeded soil cleanup levels at the Solvent Storage Area construction. and Maintenance Building;and According to Mr.Pruitt,small amounts of asbestos waste are generated • Benzo(a)pyrene,Aroclor-1254,and DRO exceeded cleanup levels in from repairs performed on older vessels.SSD contracts an environmental the spent sandblast grit stockpile. consulting firm to abate,remove,and/or dispose of the asbestos material. The report compared the sample results to a background soil sample collected approximately upgradient of the subject property,along Fourth of July Creek. E&E also collected three sediment samples:two from the banks of Resurrection Bay and one from a north-south oriented ditch that runs mar' overland east of the site.The results for the ditch sample indicated that arsenic,chromium,and DRO were elevated with respect to a background sediment sample collected approximately three miles away.The results from the two Resurrection Bay samples were comparable with respect to the background sample. BOA 11 SOLVICe/mamn/ i29 exu 12 wLaxerwaxar.r•aas. Date Dascrfptlon 5.0 DATABASE AND GOVERNMENT RECORDS REVIEW 1950 The area around Fourth of July Creek is undeveloped. 1979 The area appears to still be undeveloped. 5.1 GOVERNMENT RECORDS REVIEW/INTERVIEWS 1985 Nosh Road has been added.The SMIC has been filled in and the ERM reviewed available information from the USEPA Envirofacts and SynchroLift dock Is in place.The parcels do not appear to have been ECHO internet databases,the City of Seward website,the ADEC website,° lanai yet. the Borough Assessor,and the Alaska Geographic Information System Internet sites. Information obtained from these sources is summarized in the appropriate sections of this report. 5.2 ENVIRONMENTAL DATABASE SEARCH ERM contracted EDR to conduct a database search for agency records. The EDR Database Search results,presented in Appendix E,define and summarize the ASTM databases reviewed in the EDR report and note if any sites(including the subject property)were identified in the specified radius.The locations of the sites identified in the EDR report were evaluated to determine which sites were within the ASTM-specified search distance from the subject property boundary.Only those sites within the ASTM-specified distances are discussed below, It should be noted that the computerized geocoding technology used in the database search is based on available census data and is only accurate to 33•0 feet.The EDR report provides a list of unmapped sites for which inadequate location information was provided. ERM has reviewed the list of"unmapped"sites to determine if these sites are within the study radius.If the"unmapped"sites appeared likely to be within the search radius for a specific database,they are discussed in the sections that follow. Sites identified within the study radii were evaluated to determine if they are likely to have adversely impacted the subject property.The criteria used to evaluate the potential for adverse impact to the subject property include: • Distance from the subject property; • Expected depth and direction of groundwater and surface water flow; • Expected storm water flow direction;and • The presence/absence of documented contaminant releases at the identified sites that have not been remedied to the satisfaction of regulators. ew 17 ,ouncvanno,nir all rm 18 ,aarevme,noe+nau The identification of a site as potentially upgradient or downgradient is Table 4 Suntntany of Findings from EDR Report based on the expected direction of groundwater flow to the west- southwest(towards Resurrection Bay).However,given the relatively flat Radius topological conditions at the site and tidal fluctuations,groundwater flow Database Searched Sites direction could be variable. (miles) Found ERNS 0.25 The EDR search identified the following properties in the EDR Database A hydraulic lire burst an a crane operated by Polar Seafood Search.The subject property and properties with the potential to (SMIIC Lots 2 and 2A,Black 9)releasing hydraulic oil to the dock adversely impact the subject property are discussed below. and Resurrection Bay 5.2.1 Subject Property The number and type of sites identified in Table 5 are consistent with the history and nature of the surrounding area.When evaluating the The subject property address,Mile 7 Nash Road,was listed in the CERC- potential adverse impacts of off-site properties,ERM considered their NFRAP and ERNS databases searched by EDR. position relative to the reported groundwater flow direction.The Polar Seafood site is cross-gradient of the subject property with respect to The CERC-NFRAP listing is for hazardous waste sites that have been groundwater flow direction and assumed to not have a potential adverse removed from the inventory of CERCLIS(Comprehensive Environmental impact on the subject property. Response,Compensation,and Liability Information System)and have been designated"No Further Remedial Action Planned."The USEPA has determined that the subject property does not qualify for the National Priorities List based on existing information as of November 2007. The subject property is listed twice the EDR report in the Emergency Response Notification System(ERNS)as discussed below: • On August 19,2005 during the hauling of the 117-foot"Western Mariner"fishing vessel,2 quarts of used oil was discharged into Resurrection Bay.Absorbent boom was applied to clean up the spill. The responsible company was listed as Western Mariner LLC. • On August 8,2005 an employee of SSD spilled paint into Resurrection Bay.The volume of the spill was not reported and no cleanup was reported.Mr.Pruitt has stated that work is only performed in the upland work bays. Mr.Pruitt has not yet responded to questions regarding the spill. Note that both spills occurred on the dock,which is not on the subject property lease. 5.2,2 Surrounding Properties Surrounding sites identified in EDR's review of available databases are summarized in Table 4. ew 19 rwna,auauvaru�mu 130 us 20 rama,aaam,.naVIA 8.0 CONCLUSIONS/RECOMMENDATIONS sheet,the facility was issued a Notice of Violation to SSD in February 2007 for failing to follow the dustcontrol plan they committed to in spring 2006.City of Seward records indicate the facility continued to EM conducted a Phase I ESA of the subject property. ERM's conclusions receive complaints about dust control issue and received another and opinions are based on a scope of work that followed the requirements NOV in April 2013. No information regarding the specific NOV set forth in ASTM Standard E 1527-05 and 40 CFR 312. A summary of issues or resolution was provided by ADEC or SSD.SSD has also not ij ERM's conclusions and opinions is presented below.Based on the data prepared BMPs for wastewater discharges,stormwater discharges, obtained during the site visit,the environmental database review,and registered the French drain as a UIC device,or prepared a site interviews with persons familiar with the site and its history,the specific Spill Prevention Control and Countermeasure(SPCC)Plan, following RECs were identified at the site: • Vessel washwater and site storm water are discharged to the Transfer De Mirrinris or Other Potential Issues Pit and French drain.The quality of discharges is evaluated visually as part of the requirements of the facility stormwater permit.The While not RECs,ERM identified concerns that are summarized below and permit only requires SSD to visually inspect the water in the Transfer - are discussed in greater detail in the body of the report: Pit for evidence of an oily sheen.Washwater and storm water comes • The quality of the sediment in the boat basin has not been evaluated. into contact with areas of metals and chemical use and storage A recent$10 million grant to the City of Seward,for in-water and throughout the site,including fabrication,raw material storage, upland improvements to SMIC,includes funds for the dredging of 5 painting activities,non-hazardous waste storage,and used grit to 10 feet of material from the boat basin. SSD indicated it has not storage areas.Therefore,it is possible that organics and metals conducted any repair activities on or over water. (including copper,zinc,lead,and chromium)and possibly tributyltin, from current or former SSD operations,may become entrained in • SSD reportedly disposed of approximately 189 cubic yards of spent storm water and be discharged to the subsurface.Organics and metals sandblast grit on a private off-site property in 2004. As the result of in surface water and/or sediment could pose a risk to ecological public complaints,ADEC investigated the disposal activities and marine receptors, required SSD to excavate the material for disposal in a licensed landfill by 2005. • Although wastewater is discharged to the unpaved ground surface and to a French drain,groundwater conditions were not evaluated by the USEPA,SSD,or Alaska Department of Environmental Conservation(ADEC)as part of site investigations conducted between 2007 and 2010.The investigations only addressed the condition of shallow soil and/or intertidal sediment. In 2013,ADEC issued a"No Further Action"letter for conditions associated with shallow soil and sediment contamination identified at the site. Material Compliance issues • ADEC and the City of Seward require SSD to comply with Best Management Practices for their site activities.In 2012,the City indicated that SSD is technically in default of the Lease as a result of four unresolved Notices of Default issued by ADEC.The City administration recommended 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 SSD and DEC. Based on a 2008 ADEC fact 25 SOLSTIC4/09001P/A1111.E. six 26 :<.srKrimwrarAni Ix, 9,0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS 10.0 LIMITATIONS CONDUCTING THIS ASSESSMENT The innocent landowner,contiguous owner,and prospective purchaser Ms.Lisa Nicholson of ERM's Anchorage,Alaska,office and Mr.Bob defenses to liability under the Comprehensive Environmental Carson of ERM's Portland,Oregon,office conducted this assessment. Mr. Response,Compensation and Liability Act(CERCLA)requires that a Erik Ipsen,of ERM's Portland,Oregon,office,reviewed the contents of person acquiring a property conduct an AAI with respect to the subject this report.The professional qualifications for Ms.Nicholson,Mr.Carson, property.ERM has conducted this ESA in accordance with the and Mr.Ipsen are included in Appendix F. standards for conducting an AAI set forth at 40 CFR 312.Those standards require the application of scientific principles and The signatures for Ms.Nicholson,Mr.Carson,and Mr.Ipsen are affixed professional judgment to certain facts with resultant subjective on the cover of this report. interpretations and exercise of discretion. Professional judgments expressed herein are based on the facts currently available within the We declare that,to the best of our professional knowledge and belief,we limits of the existing data,and data gaps identified herein,scope of meet the definition of Environmental Professional as defined in 40 CFR work,budget,and schedule.Those standards also require that the 312.10. client undertake certain additional inquiries. We have the specific qualifications based on education,training,and In addition,the liability defenses under CERCLA require,among experience to assess a property of the nature,history,and setting of the several other things,that the client after the acquisition stop any subject property. We have developed and performed the AAI in continuing releases,prevent any future threatened releases and prevent conformance with the standards and practices set forth in 40 CFR 312. or limit human,environmental or natural resource exposure to any hazardous substance released at the subject property.Therefore,ERM makes no warranties,express or implied,including,without limitation, warranties as to merchantability or fitness for a particular purpose, including any warranty that this Phase I ESA will in fact qualify client for the innocent landowner,contiguous property owner or prospective purchaser defense to liability under CERCLA. ERM's assessment is limited strictly to identifying RECs associated with the subject property. Results of this assessment are based upon the visual site inspection of readily accessible areas of the subject property conducted by ERM personnel,information from interviews with knowledgeable persons regarding the site,information reviewed regarding historical uses, information provided by contacted regulatory agencies,and review of publicly available and practically reviewable information identifying current and historical uses of the property and surrounding properties. All conclusions and recommendations regarding the subject property represent the professional opinions of the ERM personnel involved with the project,and the results of this report should not be considered a legal interpretation of existing environmental regulations. ERM assumes no responsibility or liability for errors in the public data a.. 27 SOLST.,m,o®,araaroi. 131 ••., 28 :aurxa ,ati%. Appendix A Nerd Site Photographs Photo.ra•h: 1 Transfer Pit looking west Photo.ra•h: 2 Covered work bay looking northwest 3 �\ e� ProjectSolstice/Seward Ship's Drydock J N 7 Mile Nash Road,Seward,Alaska ERM ERM Project Number 0230020 3 Li • ''''',,W1."`“1401,4''''' • • Covered bay looking west. Photograph: 5 Spent sandblast grit stockpile,looking north-northeast from western end of covered work be. 4 �ter,; Photograph' 4 Southern uncovered bay showing work stations and snow cover,looking Lift dock,looking west across dock toward Resurrection Ba east. Photo.ra.h: 6 g y. ProjectSolsticel Seward Ship's Drydock ProJectSolstice/Seward Ship's Drydock 7 Mile Nash Road,Seward,Alaska - 7 Mile Nash Road,Seward,Alaska ERM ERM Project Number 0230020 132 ERM ERM Project Number 0230020 2 r— as_ i \\ I .. rf .. • Appendix B .."'".""IN re � � HLeEL .1 t`` Aerial Photographs, Topographic /i%,I II•► Maps,City Directories Search Results,and Sanborn Fire r �' Insurance Maps • dab Photograph: 7 Aboveground storage tanks of diesel and gasoline.looking east Lined containment can be seen a.ainst builddiin•walls IIIi 4i , J , i 41 -• Photograph: 8 Used oil burner and tank in Machine Shop,located at southwest corner of l buildin• • ProJectSolsticer Seward Ship's Drydock 7 Mlle Nash Road,Seward,Alaska ERM ERM Project Number 0230020 3 317 ■ Certified Sanborn®Map Report 12119113 Site Name: Client Name: Project Solstice Project Solstice ERM West Mile 7 Nash Road Mile 7 Nash Road 1001 SW 5th Avenue J@J Seward,AK 99664 Portland,OR 97204 Seward,AK 99664 EDR Inquiry 9 3814690.3 Contact: Bob Carson • The complete Sanborn Library collection has been searched by EDR,and fire insurance maps covering the target Inquiry Number:3814690.3 property location provided by ERM West were Identified for the years listed below.The certified Sanborn Library search results in this report can be authenticated by visiting www.edmet.com/sanborn and entering the certification number December 19,2013 Only Environmental Data Resources Inc(EDR)is authorized to grant rights for commercial reproduction of maps by Sanbom Library LLC,the copyright holder for the collection. • Certified Sanbom Results: A' ,`-• Site Name: Project Solstice • Address: Mile 7 Nash Road City,State,Zip: Seward,AK 99664 Cross Street: •P.O.# Pending ....... Project: Project Solstice aem.•r.•.i.r..a•..e. Certification 0 77BC-4E94-AC55 r'ew°e IRK sew if. The Sanbom Library includes more flan t2 minion UNMAPPED PROPERTY Sanbom fire insurance maps,which tack hetonoal This report certifies that the complete holdings of the Sanborn property usage in approximately 12,000 American tales and towns.C011ecnons aearcnea: Library, LLC collection have been searched based on client Certified Sanborn® Map Report supplied target property information, and fire insurance maps brary of Congress covering the target property were not found. 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French MAY 052014 STREET ADDRESS: 5M6 Fourth Ave, Seward, /\K MAILING ADDRESS: pC} Box 147O. Seward, AK 99064 E-MAIL ADDRESS PESA@>gci.net HOME TELEPHONE: gU7-224-442SOr8O7-481-0343 (cell) LENGTH OF RESIDENCY IN THE SEWARD AREA: 16 years PRESENTLY EN1pLOYE[] AS: ���d8ao�mmc�oved List any special training, education or background such as grant writ ng, hhetory, architeoture, or archeology, which may help you as a member of the Commission: Three, 3-credit, undergraduate courses paleoarcheology and physical anthropology 44 years as an educator and 35 years scientific grant writing, service on several NGO governing boards Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: �m~ Both my mother's and father's side of the family came to the Massachusetts Bay Colony in the rnig-1600s. My family has owned and preserved many historic properties; many which our now protected igjh#ou1�cd / �m "pe�ncenhYiIVreotedinsun/ingontheHimtOhcPn9Sen/adVnConmrnisoionbecauae: The City of Seward has a complex history which is unique in Alaskan history. I have served two terms on the Seward Historic Preservation Commission and feel there is still work I would like to help complete. .ea -s you ever served on a similar commission a|savvhere.��N'o or No 1��1-1q�� |fSO. w/hena? <�/t« of��ndiak And when? '~~ ' '-~~- If appointed, are you willing to: • Do historic research? ES NO • Work on preparing grant applications? pj ES NO • Work on wr ing historic register nominations? el ES NO • Attend hi oicp - prvationvvorkohnpm? ��|E8 NO 03 May� 2014 ys_e URE DATE CITY OF SEWARD, ALASKA APPLICATION FOR THE SEWARD HISTORIC PRESERVATION COMMISSION sris, NAME: \A/A-DZ-:-=P,Ai 11 PPIA10 .71-1, APR 2 22014 STREET ADDRESS: g d- I . e(•:,(90.4 /4 Ve- 99641-r MAILING ADDRESS: 5• , / A i7l6g)---L, E:3 I ?9,-5—a/ -MAIL ADDRESS • P"A '1 r' &AI 4 ' — A IT — HOME TELEPHONE: 41- 7114 (5a6w--v'115 LENGTH OF RESIDENCY IN THE SEWARD AREA: /-4,3-y ca_v 5 A ta E., cc-_ I 4, Se_WCZA- / ( +, v.,i PRESENLY EMPLOYED AS: Se-14 )A• -"Pi/VORTi-I A ,&Ale y , 06 42 c, pi K 'f A-IL-1R° TA--t) -)-1 sy e.aArs 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: PIARKeT/A1C.,-- IL.ci•-,ect,v-ck , c<e mosi)/7-L T3 714 k L.-; )4i 51-6 / Love, ,ii - --ccicoc,v vvvevv-Eot +6 lb ).0 - ANC . r.LAC.... ,5 fiV577 C;P 6 K -Lti 141(.3 k ;kut-m,,,a0 1 ii]e, -1-Vic a - (ice U ON,emi d - Sde,c,2 3o.4- yea,r5 — -i-a.tk 1 h+ 5 e-1466 ( 1) yeo,v's Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: iie.Ae 1 3 h.oyne.,3 ()hr-I 416TotIcAt- p 6 51c-Nkrimr - \go g,K2 IN/ ii./ , 1415 1-ov % I r e c)e,\-\I eA-4;c. 1(1 31r-60 f i '-(` N-ta<-A - 1: Affo_ i i N d11,/ 1,1/A.rt c i I v-e co ro(4t) t9 v•-e-c,efie ))/x_itd;All Orp6514e 1,09evor.5 i I am specifically interested in serving on the Historic Preservation Commission because: I ..) . it .ht.AAA. .di ..4#o 40 ..,l_d .11 Al.A ...-4 A 0/Li.1/ i, ;ii, .;di df / -- — / • • s ■ — , I li.L■lr - i iw, i. A- AjI L ' 1:all! .0 J J. . ,) , i dm .1 , ----/ 1 Have you ever served on a si 'ar commission elsewhere? Yes or o If so, where? And when? n NK K, asivi.4 ,kt ,d'asio iyt-- If appointed, are you willing to:research? NO .11041-9tt O Do historic (Y1ES) • Work on preparing grant applications? /, ' YES NO • Work on writing historic register nominatiOns? 7 YES NO • Attend historic preservation worWops?jj "yE---8) NO 10.-Y,OZ-et c/C0/3-1.14 `,L ) LAn,Vt" u6a,v.,ANI10) c -077-06d---/- "air 4/1kiaa/A.. /A., ki;L:4' /71- ;,7-i2-/ ------ jj/ ' SIGNATURE / A - t DATE -- • •"'-'' 134 / fivefailal j-&-i-g-- /( t-- no I l ,..) ■ 70 )rr-nr ir 11E1 II , A. i .J1 AGFArry • .. . . 44,.... May 8, 2014 To: Mayor Jean Bardarson City Council Members City Clerk, Johanna Kinney CMC Deputy City Clerk, Brenda-Ballou Subject: Historic Preservation Commission -Application for Consideration I thought it might be good insurance to include a letter along with the form I completed April 22 asking to serve on the Historic Preservation Commission. This letter is an attempt to appear more professional and less ditzy than the application indicates, particularly since I called Brenda Ballou to complete a new form, said my name and she started laughing. Brenda was very nice, assured me the form was fine, that it had been recorded Which immediately sent :fear to my heart S ' — I' on - • • I with that bloody form I my . ‹. . , o, since in on iceorc. might as well be on record as a more stable "citizen." Qualifications: • Research and Sales: i, ,...., Alaska Railroad - 21 years - positions as Freight Sales Manager and Assistant to the Vice-President of Marketing. Petroleum News - 5 years - assistant to the publisher and as a columnist. He worth .A Jene . owner - 14 years - marketing/sales — oil/gas/construction industry. All jobs required considerable research and sales work. Research is my love digging for facts until I hit "gold" is fin. Lobbying work When Margaret Branson was hired by Alaska Railroad to lobby against a trucking initiative I learned important lobbying skills. In 2008 I used those skills to gather community council votes, have ADN write an article and convinced Pat Flynn our city council member to switch his vote on a proposal that negatively affected my neighborhood. Dependable I would assure that I attended each Historic Preservation Commission meeting. Love of History When you are raised on the east coast you grow up surrounded by history and it becomes part of your everyday life. Living in Baltimore, 38 miles form -Washing on D.C. we were wrapped in a comfortable, history security blanket., I'm qualified to belong to the DAR but didn't apply because -I always thought 1%1Pr the old girls a bit"stuffy." And - if you Google my relative Christopher Gist you will find old George Washington would never have lived to be president without Christopher. I don't know if George was a clutch or not but Christopher saved his life twice. 135 Belief in Seward It is important to me Seward be better known for their history and this is a perfect time to be more pro- active. Many oil executives have Seward houses/boats,we joke Seward is North Slope South. The Alaska Stand Alone Pipeline will bring more oil activity so our historical priority list is important to obtain their financial support. I want to save every darn thing we can save and make history come alive and fun :for kids. What better way for them to learn about George Washington than Dear George or an original 1905 citizen pop up in their classroom in costume, Maybe you already do that but if'not it would be fun, Last Ditch Attempt to Be on Commission After fighting for Seward to ensure Valdez adhered to the written dock agreements and winning with the help of the Seward longshoremen I. received a message from the Valdez City Manager in late 1980's that I was no longer welcome in Valdez. That should automatically qualify me on the Historic Preservation Commission. : ) Thanks for your consideration. Yours truly. Ai- • p/ALaX64-641tpt. Wadeen -Hepworth 831 Gambell Street • PHONE: (907) 272-5766 ■44.01 Anchorage, AK 99501 CELL: 3824655 E-Mail: hepworthagency©gci.net Webb: www.Hepworthagency.COrn 136 Seward Historic Preservation Commission Quarterly Report to Seward City Council ikrie 6:30 pm, April 22nd Alaska's historic preservation community seeks to record and interpret human history through the physical evidence of the past. The Seward Historic This is accomplished through a variety of activities. Preservation Commission • One is to preserve the sites, invites you to attend a structures, buildings and objects.— • the real estate of the past.. discussion on revising the • Another is the acquisition and preservation of a record of the past Historic Preservation Plan, that encompasses programs in oral history and moving images along with books, documents, and E photographs. = c") • Yet another activity is to enhance (t, = . ,.4? seitc. knowledge of the past through 2 -0 74 research, ranging from c m archaeological excavations to archival investigations, and .,.„. ,.. .. . —, .... — appreciation of the past through a) interprefittion anitallication. — - 0. • These written, oral, and material. "ZC records of times past are public wealth. With care and. attention, 3ewardsurvey.nukaresearch,com Alaska's heritage can promote the general welfare of all of the state's Come join us, share your ideas, tell us people. how you would like to see the Seward area's historic character preserved. Refreshments will be provided. -taken from the state of Alaska At the Community Library Museum historic Preservation Plan IV .1"57"915"1"mwmaigum!"11.°1"Immimimilem7171776511wwwwlimmliml"mig."1"."91wwimmimw:b Museum DirectorW17,2.014 Compiled by Patricia LInvi e,Library Seward Historic Preservation Commission Quarterly Report to Seward City Council ' The main focus of the Seward Historic Preservation Commission (SHPC) ,Nod this quarter has been working with Nuka Research to review and revise the Seward Historic Preservation Plan. This project is funded by a Certified Local Government Grant. The SHPC met with Nuka Research consultant Tim Robertson and Nuka staff telephonically on January 8. Discussion centered on outlining a plan for Commissioners to update some of the information in the original plan. The Commission also entertained ideas on how to encourage public input for the plan revision. It was decided to hold a public outreach event using the "fireside chat" concept. Although the original intention was to piggy back on the commemoration of the Earthquake it was later decided that doing so would not be possible. The Commission held a program of public outreach on April 22. The program was a community discussion of the need for historic preservation. The flyer has been pasted into this report below. NUKA is in process of 'NS compiling the comments, and those of the on-line survey they created, for distribution to the Commission. They are to take everything and return a draft of the revised plan which may be all that will be accomplished with this grant funding. The total grant amount is $13420 including $5368 in-kind contribution. We have spent $4817 of the $8012 Federal cash award. During this quarter our Commission has experienced some major changes, namely resignations. At present the Commission is down to 4 With 2 Commissioners tendering their resignations as of May 2014. There is at least one new application. The next work session of the Commission is May 21 , 2014 cia Linville, Library Ain mimed by Pati May 7, 2014 C -i o • ------ 138 I# LOr May 2014 May 2014 June 2014 Su Mo TuWe Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Monday Tuesday Apr 28 29 May 1 2 Wednesday Thursday 30 Friday N N co 5 6 7 8 7:00pm P&Z Mtg 12:00pm PACAB Mtg 12:00pm Seward Recrea >, 12 13 14 15 16 7:00pm CC Mtg N ,-( 2 19 20 21 2 23 12:00pm Seward Recrea 6:00pm CC WS; City 0 6:30pm HP WS;Reviev 7:00pm PACAB Work S 2 2 —."41111101111111111111131111111111111111 30 26 Memorial Day;Offices. 5:30pm CC WS;Friend: 7:00pm CC Mtg N kW° 2 Nanci Richey 1 5/21/2014 9:52 AM 139 June 2014 July 2014 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa June 2014 1 2 0 4 2 1 2 3 4 5 6 7 6 7 1 2 3 415 8 9 15 16 17 18 19 20 21 13 14 22 23 17 4 18 19 22 23 24 25 26 27 28 27 28 29 30 31 26 29 30 0 Tuesday Wednesday Thursday Friday Monday 6 12:00pm PACAB Mtg N C 7 10 11 12 13 7:00pm CC Mtg m m C 7 17 18 19 20 6:00pm P&Z WS 12:00pm PACAB Work S 6:30pm HP Mtg o N Lo c 7 24 125 26 27 5:30pm CC WS;Revievt 7:00pm CC Mtg N m N C 7 30 Jul 1 12 3 4 v 0 m C 7 Ti Nanci Richey 1 5/21/2014 9:52 AM 140 July 2014 July 2014 SuMo Tu We Th Fr Sa August 2014 SuMo TuWe Th Fr Sa 6 7 1 2 3 4 5 1314151611819 3 4 5 6 7 8 9 9 20 21 22 23 24 25 26 17 18 19 20 24 22 23 16 27 28 29 30 31 27 28 26 27 28 29 30 Monday 24 25 26 27 28 29 30 Tuesday 31 Jun 30 Wednesday Thursday Friday 12:OOpm PACAB Mtg 7:00pm P&Z Mtg J m 1401.lb1�y to 18 12:00pm PACAB Work S 4 7:00pm CC Mtg 6:30pm HP Mtg 00 21 22 23 24 25 N N 7 _ 29 30 31 Aug 1 7:00pm CC Mtg r-, rn co Nanci Richey 1 5/21/2014 10:02 AM 141