Loading...
HomeMy WebLinkAbout07282025 City Council PacketSeward City Council Agenda Packet Photo by Kris Peck Monday, July 28, 2025 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 kintual All-Amenca City 11 1111 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Mayor Sue McClure Vice Mayor John Osenga Council Member Randy Wells Council Member Kevin Finch Council Member Robert Barnwell Council Member Julie Crites Council Member Casie Warner Monday, July 28, 2025 at 7:00 p.m. City Manager Kat Sorensen Deputy City Manager Jason Bickling City Clerk Kris Peck City Attorney Sam Severin 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PROCLAMATIONS AND AWARDS A. Dedicating the 70' Seward Silver Salmon Derby to Dorothy Urbach 5 5. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item) 6. APPROVAL OF AGENDA AND CONSENT AGENDA (*Approval of Consent Agenda passes all routine items listed. Consent Agenda items are not considered separately unless a council member requests an item be moved to New Business) A. Minutes of Preceding Meeting 1) *Approval of the July 14, 2025 City Council Meeting Minutes .6 B. Introduction of Ordinances — None C. Resolutions — None D. Other Items — None 7. IN -PERSON REPORTS AND PRESENTATIONS A. City Manager Report 16 B. City Clerk Report .30 C. City Attorney Report — None D. Other Reports and Announcements None City Council Meeting Agenda July 28, 2025 1 1 P a g e E. Presentations 1) Alaska Small Business Development Center Annual Report by Cliff Cochran and KellyAnn Cavaretta 8. PUBLIC HEARINGS — None 9. UNFINISHED BUSINESS — None 10. NEW BUSINESS A. Ordinances for Introduction — None B. Resolutions 1) Resolution 2025-068: Authorizing the City Manager to Purchase a New Breathing Air Compressor from SeaWestern Fire Fighting Equipment for $59,067.67 with a 10% Contingency, for an Amount Not to Exceed $64,974.44 and Appropriating Funds .33 2) Resolution 2025-069: Authorizing the City Manager to Purchase a New Can -Am Side - by -Side 9SSA From Team CC in the Amount of $40,909 and a QTAC EMS-R Patient Mover from MTECH, Inc in the Amount of $5,745 with a 10% Contingency, Not to Exceed $51,319.40 and Appropriating Funds 40 3) Resolution 2025-070: Authorizing the City Manager to Accept a Proposal from Metco to Prep and Pave a Portion Phoenix Road for an Amount Not to Exceed $165,000 and Appropriating Funds 50 4) Resolution 2025-071: Authorizing the City Manager to Purchase a Backup Pump Replacement with DXP Alaska Pump & Supply, Inc for the Wastewater Lift Station #3 in the Amount of $102,793 with a 10% Contingency, Not to Exceed $113,072.30 and Appropriating Funds 58 5) Resolution 2025-072: Approving the Collective Bargaining Agreement Between the City of Seward and the International Brotherhood of Electrical Workers (IBEW) Local 1547 65 6) Resolution 2025-073: Approving the 2025 Wholesale Power Contract and the Joint Use and Operations & Maintenance Agreement Between the City of Seward Electric System and Chugach Electric Association, Inc 135 C. Other New Business — None City Council Meeting Agenda July 28, 2025 2 1 P a g e 11. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Boards & Commissions Reports and Recommendations to Council None B. Other Items 1) Alaska Small Business Development Center Q2 Report 171 2) Providence Financials Q2 Report .172 C. Upcoming City Council Meetings 1) City Council Meeting Monday, August 11, 2025 at 7:00 p.m. 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five minutes per speaker) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION - None 15. ADJOURNMENT City Council Meeting Agenda July 28, 2025 3 1 P a g e PROCLAMATION Dorothy Urbach Seward Silver Salmon Derby Dedication WHEREAS, Dorothy Urbach was Derby publicity chairman for 30 years; and WHEREAS, Dorothy Urbach was a major contributor to the Derby for decades; and WHEREAS, Dorothy Urbach won the Derby in 1979 with a 16.11-pound Coho; and WHEREAS, Dorothy Urbach was an enthusiastic and sincere ambassador for Seward; and WHEREAS, Dorothy Urbach was unrelenting in encouraging Willard Dunham to get his fishing boat ready for the Derby; and WHEREAS, Dorothy Urbach was even willing to paint Willard's boat; and WHEREAS, Dorothy Urbach was happy to provide a smorgasbord of food for all anglers on the boat; and WHEREAS, Dorothy Urbach barely tolerated any fishing advice especially from the men on the boat; and WHEREAS, Dorothy Urbach would bait her own hook catching more and larger salmon than the guys; and WHEREAS, Dorothy Urbach won the Derby in 1979 because she was sitting in Beverly Dunham's seat; and WHEREAS, Beverly Dunham did not win the Derby because Dorothy was in her seat on Willard's boat. NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward do hereby proclaim that the 70th Seward Silver Salmon Derby is held in honor of Dorothy Urbach. Dated this 28th of July 2025 THE CITY OF SEWARD, ALASKA Derby publicity Chairman Dorothy f 'ranch, center, and four of the five tagged fhh sponsors view this year's Derby poster. Left to right —April Tillotson of Clary Durance; Dale Lin- dsey of Harbor Fuel Marina; Urbach; Terry McCarty of Kenai Lumber; and Dave Hud- speth, representing the Seward Chamber of Commerce, which sponsors the derby itself and the $10,000 fish. The other business people each backed a $5,000 fish. Jaffe Photo Sue McClure, Mayor CAE A ¢--� SILVER SALMON 5 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page CALL TO ORDER The July 14, 2025 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Kevin Finch Randy Wells Robert Barnwell Julie Crites Casie Warner comprising a quorum of the Council; and Kat Sorensen, City Manager Jason Bickling, Deputy City Manager Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Sam Severin, City Attorney Excused — None Absent — None PROCLAMATIONS AND AWARDS Seward Seahawks High Jump State Champion Olin Liljemark read by Sue McClure and accepted by Olin Liljemark. Seward Seahawks 100m Dash State Champion Ronan Bickling read by Sue McClure and accepted by Ronan Bickling. Parks & Recreation Month read by John Osenga and accepted by Melanie Hauze. 6 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brenan Hornseth, inside city limits, shared some thoughts on the parking discussion item. He spoke in favor of changing city code to establish new minimums for parking. He wanted to see vacant lots be developed instead of being held empty due to code requirements for parking. The city should step up and charge for parking on the street in high demand areas. He recommended a book called The High Cost of Free Parking. Porter Wilkerson, inside city limits, spoke in support of being able to donate and volunteer at the school. Wilkerson was concerned about the possible shutdown of the library, theatre, and other programs like Schoolyard Habitat. Traci Baumgardner, inside city limits, read from a prepared statement regarding a proposed change from the Alaska Department of Education and Early Development. This change would affect the funding and in -kind services for the local schools. The value of those donated services would now count towards the legal limit for school funding. The public comment period is still open, and she hoped council could voice their opposition to this proposed change. Lola Swanson, outside city limits, spoke in support of the schools and the partnership with Seward Arts Council. She recalled her experience as a dance class instructor with the Seward Elementary School. She hoped creative opportunities like this would continue to expand. Savanna Wilkerson, inside city limits, spoke in support of art in schools. She was concerned about budget cuts that would eliminate the art programs in schools. Kameron Kowalski, inside city limits, echoed Baumgardner's comments and encouraged council to write a letter to the State of Alaska in support of local schools. Kowalski also noted the low enrollment in schools and how it correlated with housing issues and the cost of living in Seward. She hoped council could explore alternative energy options to make it more affordable for families to live in Seward. Amanda Sweeting, outside city limits, represented the Chamber of Commerce. She updated council on the Silver Salmon Derby. She thanked everyone for their contributions to a great Fourth of July Festival. Tom Tougas, inside city limits, echoed Baumgardner's comments and fully supported local schools. He voiced concern about the swimming pool being closed within a year. Tougas felt the community could fund and manage the swimming pool. 7 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Warner) Approval of Agenda and Consent Agenda Warner requested a new discussion item be added regarding the letter to the Department of Education. Motion as Amended Passed Unanimous The clerk read the following approved consent agenda items: Approval of the June 23, 2025, City Council Meeting Minutes Resolution 2025-063: Authorizing the City Manager to Purchase LED Streetlight Fixtures from Anixter Power Solutions for Installation Along Third Avenue in the Amount of $43,818.50 Resolution 2025-064: Authorizing the City Manager to Accept a Loan from the Alaska Department of Environmental Conservation Clean Water Fund for $665,600 with Loan Forgiveness of $665,600 for Planning and Design of Lowell Point and SMIC Lagoon Effluent Disinfection Resolution 2025-065: Authorizing the City Manager to Accept a Loan from the Alaska Department of Environmental Conservation Drinking Water Fund for $400,000 with Loan Forgiveness of $400,000 for the Elm Street Water Main Replacement Resolution 2025-066: Authorizing the City Manager to Accept the Proposal with Sturgeon Electric for Directional Boring Services to Support City Electric Department Work Orders and Projects in the Amount of $111,475 with a 30% Contingency, Not to Exceed $144,917.50 Resolution 2025-067: Authorizing the City Manager to Continue the Contract with CRW Engineering Group for the SMIC Hypochlorite Generator Project in the Amount of $128,592 with a 10% Contingency, Not to Exceed $141,451.20 No grounds for protest to the renewal of the liquor license for Apollo Restaurant No grounds for protest to the renewal of the liquor license for Ms. Gene's Place [clerk's note — Ms. Gene's Place is now operating as Fifth Avenue Bistro and Bar] IN -PERSON REPORTS AND PRESENTATIONS City Manager Report City Manager Kat Sorensen clarified that the LED streetlight fixtures in Resolution 2025-063 were on a State of Alaska road, but the city was responsible for powering and maintaining those 8 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page streetlights. This LED upgrade would pay for itself within 4.5 months. Sorensen updated council on the status of the swimming pool, and she was looking forward to an additional year to figure out how to keep the pool open. Also included in the CMR was a great overview of the Comprehensive Plan surveys from Community Development. Sorensen had recently traveled to Cordova, Alaska to tour their electric utility. It was an eye-opening trip for alternative energy options and a well -run utility. Lastly, she announced said Seward Community Library & Museum had changed their exhibit to feature some history of the Seward High School. Council and city administration discussed the Fourth of July Festival, Mt. Marathon race times, Emergency Operations Center in council chambers, and a wastewater lift station pump that was replaced just in time for the big festival. City Clerk Report City Clerk Kris Peck announced a new timestamp feature on the City Council YouTube videos. In the video description there were now direct links to each agenda item. The clerk's office can manually add these timestamps the day after the meeting. This feature can also be added to Planning & Zoning meeting videos as well. City Attorney Report City Attorney Sam Severin addressed Sorensen's comment regarding Third Avenue streetlights. He recalled other municipalities having difficulty keeping track of contracts regarding streets in terms of ownership and maintenance. Severin summarized from his report in the packet and highlighted the additional memo regarding the Railbelt Transmission Organization. McClure and Severin discussed the Alaska SeaLife Center separating from Alaska Department of Fish & Game. Severin said their agreement made sense 30 years ago but now both parties were looking to move on. Presentations Seward Parks & Recreation Department by Director Melanie Hauze Council recessed the meeting at 8: 06 p.m. Council resumed the meeting at 8:12 p.m. PUBLIC HEARINGS Ordinances for Enactment Ordinance 2025-010: Amending Seward City Code §15.10.220 and Table 15.10.222 Development Requirements Regarding the Language and Regulations Pertaining to Building Height Motion (Osenga/Wells) Enact Ordinance 2025-010 9 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page Community Development Director Daniel Meuninck provided an overview of the Planning & Zoning Commission's work that went into the topic of building height in Seward. He explained how land use code and building code should go hand -in -hand. Meuninck read thru portions of the ordinance and addressed some of the mixed opinions of the P&Z commissioners. The maps included in the packets showed where a structure over the 38' limit would require a conditional use permit. Overall, the ordinance was a balance of protecting the viewshed while easing up some of the development requirements. Lastly, Meuninck noted the 5-2 vote from P&Z regarding this legislation. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Brenan Hornseth, inside city limits, said increasing the building height from 34' to 38' was a no brainer. Cities are supposed to change over time and Seward needed to modernize. An increase of 4' was not going to make a difference for the viewshed. Hornseth encouraged council to consider upping the limit to a city wide 48' building height. Tom Tougas, inside city limits, said the 34' limit made it difficult for builders. He recalled his Gateway Hotel construction was heavily compromised to meet this requirement. The elevators, sprinklers, and ceiling height were all affected in the process. Tougas addressed the maps in the packet which featured very obscure locations for the 48' maximum height. Overall, Tougas spoke in support of the ordinance and hoped council could come back and take a closer look at the 48' height in the future. John Wiesel, outside city limits, echoed previous comments. He said he had attended the P&Z meetings on the topic. Wiesel felt that going from 34' to 38' would be a meaningful increase. Wiesel noted he was the owner of the former Oriental Garden and First Video properties and hoped these downtown locations would be included in the 38' maximum. Wiesel also explained that roof type was an important factor for calculations. Lastly, he noted the relationship between building height and parking. No one else appeared and the public hearing was closed. Wells motioned to amend the ordinance to increase the building height to 38' in all zones. Council discussed city parks, viewshed in the harbor area, historic downtown Seward, and residential zones. Wells appreciated the discussion and understood the viewshed issues regarding the harbor and downtown. He encouraged council to take the greater good of the community in terms of development and housing. Finch understood the housing crunch, but felt certain areas needed to be preserved which make Seward special. He cared deeply about housing and taking care of the locals first. Increasing the building height to 38' in the harbor or downtown was not going to solve the housing issues. 10 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page McClure liked the uniformity of the 38' across the board. The ordinance was amended by a vote of 5-2 to increase the building height of 38' in all zoning districts. Main Motion as Amended Passed 5-2 Yes: Wells, Osenga, Crites, Warner, McClure No: Finch, Barnwell NEW BUSINESS Resolutions Resolution 2025-061: Authorizing the City Manager to Accept the Proposal with Electric Power Constructors for the Purchase and Installation of Fuel Meters at the Fort Raymond Generation Power Plant in the Amount of $161,364, with a 5% Contingency, Not to Exceed $169,432.20 and Appropriating Funds Motion (Osenga/Wells) Approve Resolution 2025-061 Sorensen explained how the fuel meters would be more efficient. It was a big step forward for getting the best value out of the generators. Electric Department Operations Manager Brian Hickey said these fuel meters would provide the city would valuable data. Once a month the Electric Department turns on the generators, and they would like to start with the most efficient one. He described the current method of using a dipstick to check diesel fuel level. Hickey said the City of Cordova is aware of every gallon they burn, and they can adjust their generators for maximum efficiency. Wells made an analogy to being a boat skipper and monitoring fuel usage. Motion Passed Unanimous Resolution 2025-062: Authorizing the City Manager to Amend the Contract with AK Tree Service to Include an Additional $400,000 from the Electric Department Reserves for Continued Vegetation Clearing and Appropriating Funds Motion (Osenga/Barnwell) Approve Resolution 2025-062 Electric Department Operations Supervisor Taylor Crocker provided a demonstration of the Overstory software which showed the hazardous areas of trees impacting powerlines. Currently, AK Tree Service was cutting down and clearing 30-year growth. Hickey said once the city was caught up with this maintenance, this vegetation clearing would become much more manageable. Sorensen made a comparison to mowing a lawn after months of neglect. 11 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page Hickey said it was mainly a safety issue with trees falling into the powerlines. This type of disaster also resulted in turning on the backup generators, which cost a couple hundred thousand dollars just in diesel fuel. Hickey wanted to provide safe, reliable electricity. Council discussed preventative maintenance, reactive maintenance, and which specific areas of the line would be cleared with this $400,000. Crocker explained that the brightest red areas of the map would be given priority. Motion Passed Unanimous Council recessed the meeting at 9:19 p.m. Council resumed the meeting at 9:24 p.m. Other New Business Discuss Parking Regulations [Sponsored by Council Member Wells] Sorensen noted the Community Development presentation slides in the packet which provided interesting background information. She hoped to gain some direction from council regarding parking regulations. Wells noted a recent P&Z work session that featured a discussion on parking. He felt the commission was stuck and wanted to help them move forward. Wells also explained how city code Title 8 and Title 15 clash. Meuninck summarized his presentation slides in the packet. The main issue was that the parking minimums were boiler plate and never tailored specifically to Seward. One example was hotels being required to provide one parking space per room. This meant a hotel needed to acquire more land for parking to meet this code requirement. The biggest reform in the past decade was to let the market and developers decide the parking. Wells explained the most radical change would be to remove parking requirements across the board. These requirements were wasting valuable land that could be used for housing instead. Wells also spoke in favor of more paid parking that would generate revenue for the city. McClure described the downtown parking situation and ways to free up parking spaces. She was interested in P&Z looking into some radical changes. Council discussed the downtown parking situation, permits for year-round locals, vacant parking lots for hotels, businesses that relied only on street parking, free market dictating parking, and possible code changes. Council directed administration and P&Z to explore the options of removing parking requirements. 12 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page Writing a Letter to the Department of Education and Early Development in Opposition to the Proposed Change to School Funding [Added to the agenda by Council Member Warner] Council discussed the public comments received tonight and directed the City Manager to write a letter to DEED formally opposing the proposed changes which would count in -kind services toward to the total funding limit. INFORMATIONAL ITEMS AND REPORTS Upcoming City Council Meetings - City Council Meeting Monday, July 28, 2025, at 7:00 p.m. CITIZEN COMMENTS Tara Swanson, outside city limits, spoke in support of schools and described the situation in Seward. She felt the Kenai Peninsula Borough School District was successful and innovative. She encouraged council to think what the next chapter of education would look like. On another topic, Swanson described her experience as a homeowner. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Crites congratulated the high school athletes and appreciated everyone who spoke tonight. Finch was impressed that the Fourth of July weekend was so mellow and quiet. He thanked the Seward Police Department for their presence and the Chamber of Commerce for lining up the barricades along Lowell Canyon. On another topic, Finch shared some research he had done regarding public education and cost per student. Warner thanked Melanie Hauze for the presentation and appreciated SPRD's programming and efforts. She thought tonight's meeting was really interesting overall. Lastly, Warner thanked the City Clerk for adding the timestamps on the council YouTube videos. Barnwell said the parking and building height discussions were both fascinating. He thanked Tara Swanson for her public comments. He thanked Seward Police Department and Chamber of Commerce for a smooth Fourth of July. Barnwell also thanked Daniel Meuninck and Community Development for all their work on the Comprehensive Plan. Wells was grateful for an open-minded community. He was grateful to be on council and grateful for the current city administration. He was looking forward to summer. Osenga thanked Melanie Hauze for the SPRD presentation and congratulated the high school track champions. There was a lot of good information being passed between commissions, administration and council. The topics discussed tonight were interesting and he felt it was a good meeting. 13 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page McClure recommended tonight's meeting as a definitive council meeting to watch on YouTube. She noted the new timestamps feature for going directly to a particular agenda item. On another topic, McClure said the Fourth of July was amazing. However, one complaint was the amount of dogs along the racecourse. She recalled being on the race committee when they first instituted the no dogs policy. EXECUTIVE SESSION #1 City Attorney to Receive Council Direction on the Laraux Case No. 3SW-23-00050CI Motion (McClure/Wells) Go into Executive Session for the City Attorney to Receive Council Direction on the Laraux Case No. 3SW-23-00050CI Invited to stay for the executive session: City Attorney Sam Severin, City Manager Kat Sorensen, Deputy City Manager Jason Bickling, and City Clerk Kris Peck. Motion Passed Unanimous Council Member Finch had to leave the meeting at 10:08 p.m. and would not return. Council went into executive session at 10:08 p.m. Council came out of executive session at 10:18 p.m. McClure stated they held the first executive session and we're moving on to the second and final executive session. EXECUTIVE SESSION #2 Updating Council on the Contract Negotiations for the International Brotherhood of Electrical Workers (IBEW) Motion (McClure/Osenga) Go into Executive Session Updating Council on the Contract Negotiations for the International Brotherhood of Electrical Workers (IBEW) Invited to stay for the executive session: City Manager Kat Sorensen, Electric Operations Manager Brian Hickey, Electric Operations Supervisor Taylor Crocker, and City Clerk Kris Peck. Motion Passed Unanimous Council went into executive session at 10:19 p.m. Council came out of executive session at 10:52 p.m. McClure stated the second executive session was held and adjourned the meeting. 14 City of Seward, Alaska City Council Meeting Minutes July 14, 2025 Volume 43, Page ADJOURNMENT The meeting was adjourned at 10:52 p.m. Kris Peck Sue McClure City Clerk Mayor 15 City Manager Report July 3,2025 16 Table of Contents Administration 01 Human Resources 02 Fire Department 03 Police Department 04 Electric Department 05 Public Works 06 Harbor 07 Community Development 08 Parks & Recreation 09 Community Library & Museum 10 Finance 11 17 City Manager Report Administration It's been a big couple of weeks at City Hall! We wrapped up a successful round of contract negotiations with the Seward Public Employees Association (SPEA). I want to thank everyone involved for the thoughtful and collaborative conversations —we're grateful for the work our employees do every day and proud to continue building a strong partnership moving forward. We also finalized the Power Supply Agreement with Chugach Electric. We're excited about after months of back and forth. That will be before council shortly, and highlight some of the changes in the agreement that benefit Seward in the long run. On the community side, I attended the Alaska SeaLife Center board meeting and enjoyed hearing about the exciting work happening there. We also welcomed a group of residents from Seward, Nebraska, for a tour of City Hall —it was great to share stories and show them how we do things here in the Alaska version of Seward. Another highlight was hosting storytime at the Library, where we brainstormed with some of Seward's youngest visionaries on how to make our town even better. Among the top ideas? Robot confetti parades and a giant water park. There are also ongoing discussions about the future of the U.S. Coast Guard's presence in Seward. While no decisions have been made, we're actively engaged in conversations with stakeholders and continuing to advocate for Seward's strategic importance. Tsunami Warning Reminder: Please remember that during an active tsunami warning, residents should treat all tsunami warnings as real and necessary until an official all clear is issued. The City operates under the same real-time information as the public, and we communicate updates as we get and confirm the information. Until that all -clear message is given, we treat the warning as legitimate and encourage everyone to do the same. Thank you for helping keep our community safe. On a similar subject - as a follow up from the EOC stand up over the 4th of July weekend, we are in the process of updating manuals, ordering supplies, and planning for some tabletop exercises to be held in the late fall / winter. 18 Page 1 City Manager Report Human Resources Collective bargaining between the City and the Seward Public Employees Association (SPEA) began July 14 and wrapped up before the end of the week. The negotiations went smoothly and the negotiating teams on both sides were open- minded and friendly, showcasing the ongoing collaboration of the labor union and the City. A tentative agreement was completed, and a resolution with the contract will be forthcoming. Key positions in the Electric Department have been filled which will improve customer service and enhance troubleshooting capabilities. Filling the Electric Utility Billing Specialist position provides Seward residents with a local resource for complex billing questions. For the City, this position will be able to troubleshoot anomalies to improve efficiency and save money. Both of the Electric Department frontline staff recently attended training on the Northstar electric billing software. Northstar representatives came to Seward to provide this hands-on training. The Accounting Tech III position in the Finance Department is still open. Some accounting experience is required, but you do not have to be an accountant to apply. 19 Page 2 City Manager Report Fire Department Updates Seward, Bear Creek and Lowell Point Fire Departments extinguished a boat fire at JJK Campground on 7/16/23 with no injuries reported but a total loss for the owner. Last week we trained on our new "Hotel Packs" set-up which allow us to carry hose hands free up flights of stairs or down long distances such as the marina docks. On July 19' there was a wildfire on Afognak Beach. Campfire left unattended burned deep in the undergrowth and had to be dug out and extinguished. Please make sure all campfires are completely extinguished. On July 20 we responded to the Viking Cruise Ship for Hazardous Materials Incident. Two chemicals were mixed inadvertently and caused a toxic environment in the mechanical room. Two Seward Firefighters had to remove the product off then ship and then be decontaminated. No passengers were injured or affected STATS Emergency Responses for the Year 2025: 339 Fire & Life Safety Inspections 2025: 407 with 253 violations noted Building permits YTD: 57 with a total valuation of $37,522,588.26 20 Viking Cruise Ship Incident Page 3 City Manager Report Animal Shelter is hosting the Soldotna Animal Hospital on 7/23, 8/14, 8/28 and booking appointments for veterinarian services. Animal Shelter hosting SPCA on 8/26. Seward Alaska Rotary Club held Franks for Furballs, raising hundreds of dollars for the Animal Shelter's emergency vet fund. Updates Axon arriving 7/22 to install new camera equipment into patrol vehicles. Patrol Written Reports: 273 Criminal Arrests: 54 Minor Offense Citations: 642 Motor Vehicle Accidents: 9 Dispatch Event/Incident/Service Calls : 3705 911 Calls: 685 SEWARD ROTARY Animal Control Complaints: 42 Impounds: 15 Surrenders: 19 Dogs, 15 Puppies, 13 Cats, and 9 Kittens Adoptions: 28 Canines and 17 Felines Dog/Cat Walking and Socializing Sent to Rescue: 10 Canines City of Seward, Animal Control was honored by the Best Friends Network for achieving a 90% save rate ion 2024 21 WE ARE A NO.KILL 8-`=`77EH The Best Friends Network proudly presents this plaque to n recognition of maintaining or achieving no -kill status during calendar year 2024 by exceeding a 90% save rale for cats and dogs. • • Best Friends Page 4 City Manager Report Cordova Dam with Sediment release Electric Department Nash Rd Phase 2- Invitation to Bid The Invitation to Bid for the Nash Road Phase 2 construction project has officially closed. The City received two competitive bids, which are currently under evaluation. The selected proposal is expected to go before the City Council for approval at the August 11th meeting Increase in New Service Requests The Electric Department has seen a notable increase in demand, with 54 new service job orders currently active. In addition, there are 4 system improvement work orders in progress to support system reliability and expansion Fort Raymond Generation Upgrades Significant improvements are scheduled at the Fort Raymond Power Plant, including the installation of two new 4160-volt breakers and upgraded fuel meters. These meters will now be integrated into the SCADA system, improving operational visibility and fuel usage tracking. Cordova Electric Utility Visit Brian Hickey, Kat Sorensen, and Taylor Crocker recently visited Cordova Electric Cooperative. The group toured one of Cordova's run -of -the -river hydroelectric facilities, reviewed modern upgrades at their diesel generation plant, learned about their battery energy storage system, and discussed the cooperative's role in promoting local economic development through affordable power rates. The trip was highly valuable, and the City hopes to continue strengthening collaborative ties with Cordova Electric. 22 Page 5 City Manager Report Public Works Street Department The Street Department is working across the bay on Olga Street cutting brush to clear the alders from along the road edges. This vegetation management aids the street department with gravel road maintenance and road work in the summer, and with snow plowing efforts in the winter. Cutting brush away that grows along the roadways every year, and then chipping the large number of trees and branches is a lot of work for the street guys to keep up with. These guys are putting in the efforts to improve road conditions all around the City of Seward. Kudos to the Street crew for working safely and efficiently! Custodial Department Our custodian Chuck stepped up to paint doors at Public Works to give a little better appearance for the general public as they pass by. Nice improvement! Thanks Chuck! 23 Page 6 City Manager Report Harbor No major issues have been reported within the Harbor area. The 50-ton lift schedule will be available on a limited basis the week of 7.28 — 8.1.2025 for annual maintenance and inspection. Status on leases - Coast Guard lease is tentatively scheduled to terminate on July 31 s, The Recorder's Office requested some additional information with the Vertical Bridge Extension and that should be completed by July 31 st , AT&T lease extension — working with Leasor to update site survey and on schedule for August completion, Jag lease extension — is under review but still optimistic to bring before council in September, and the two new leases within SMIC area will be revisited after the fishing season. The weather has been cooperating for the crew to accomplish some small repairs within the area and start some projects. SMIC No major issues have been reported within SMIC area. The 300-ton Travellift will be out of service for annual maintenance and inspection the week of 7.28-8.1 North dock has been active with the barge arriving 7/19 Page 7 City Manager Report Community Development Staff is working on a new contract for the City's GIS Technician. That resolution will come before Council during the August 11 th Council meeting. The Planning & Zoning Commission will have their next meeting on Tuesday, August 5th. The Community Development Department is excited to introduce our new Executive Assistant Jamie Crocker. Jamie began working this month and is doing a fantastic job as staff is training her on her responsibilities. City Manager Report Parks & Recreation Sports and Recreation Camp stove Cook off was held at the Branson Pavilion July 19th from 5:30 to 9pm Softball league has been a success. Last game of the season will be Aug 4th the EOS tourney will take place the following week. Senior Adventure Social will be held Aug 4 - 8th The Dan SeaveyTrail Blazers 5K will be held Sat, Aug 16th Youth Soccer League has 73 participants Park Maintenance Gardens are in full bloom! Planting more perennials this year to fill the gardens next year Painted the Branson Pavilion Various staining projects around town Keeping Parks, fields and Cemeteries mowed and maintained. Teen Rec Room July has been a heavy use month for the Teen Room so far. With 45 visits and 121 hours of facility use, The Teen Room has seen more use so far this month than any other month this summer. We are currently averaging about 4 teens per day. Last month was a slow roll out for the bi- weekly Sources of Strength program held at the Teen Rec Room. Earlier this month, Sam Allen hosted the second meeting where we saw a major jump in participation. All six occupants of the Teen Room joined in and had a blast playing games and talking about their Gratefulness Challenge. We are starting to encourage the kids of the Teen Rec Room to take a little more responsibility for the space. A new community board has been added to the TRC where kids have been communicating and voting on certain activities. As they get more involved in the decision -making at the TRC, we are planning on setting up the Teen Council as a way for them to truly make the space theirs. Campgrounds Campgrounds have had over 14,000 guests this year Campgrounds are booked solid through the weekends the remainder of the summer. City Manager Report Community Library & Museum Garden Party The Library & Museum will be hosting a Garden Party on Friday, August 1st from 4:00-6:00 PM in the Library & Museum Garden. This community outreach event is designed to bring people together and celebrate summer with fun, music, and refreshments. Activities will include: Live music, A cake walk, Light refreshments and a Salmon Dip -Off Contest Participants can enter their dip for a chance to win a Major Marine Cruise (limited to the first 10 entries; pre -registration required). To enter the dip contest or for more information, please contact the Library at: >< libmus@cityofseward.net I Et 907-224-4082 SCLM Atrium Exhibits In the window display we are highlighting the long history of Seward High School. Step back in time to the founding of Seward High School in 1904 and the experiences of its first students and teachers. See early photographs and objects that share how high school life hasn't changed much over the years. On display now are beautiful pieces of baleen basketry! Baleen baskets, made by the Ifiupiaq and St. Lawrence Island Yupik, originally were made in the 1910s for the tourist market and is among the youngest weaving traditions in North America. Summer Reading Program We have upped the community reading goal to 200,000 minutes. We're currently at 150, 700 minutes read -that's 2,511 hours, or the equivalent of 104 straight days of reading!!! With only 28 days left, keep reading, logging, and redeeming your prizes - let's keep this momentum going! New Discovery Kit: Fishing Pole donated by Fish Hut We're excited to share that the nonprofit Fish Hut (fishhut.org) has generously donated a fishing pole to the Library. It's now available for checkout as part of our Discovery Kit collection. Patrons can borrow the pole, enjoy a day of fishing, and share their experience -snap a few photos and we'll send them to Fish Hut to show our appreciation. Upcoming Events Wednesday, July 30 - Dive Into Discovery 10:00 AM-12:00 PM, Alaska SeaLife Center Hosted by ASLC Explore marine life, learn about conservation, and get inspired by the ocean. Thursday, July 31- Art & Fascination Finder 10:00 AM-12:00 PM, Library Community Room Create art based on what fascinates you! Let your imagination guide your hands. 27 Page 10 City Manager Report Finance The Finance department and Altman, Rogers & Co. have completed the 2024 Annual Comprehensive Financial Report; a work session will be scheduled for early August to present the official report. Finance, Electric Department, and Utility Assist. is preparing for the first round of Electric disconnection due to accounts in delinquent status . We offer deferred payment plans and information on assistance organizations; don't hesitate to contact our Electric Department. There are approximately 75 accounts in delinquency status that meet the requirement for disconnection. For the Water and Sewer utility, we are getting ready to send our first round of accounts to Cornerstone, our collection agency. The city is pursuing the collection for over 30 delinquent accounts. As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: DeparUnent Date Vendor Description Amount FINANCE 080025 QUADI ENT LEASING USA INC. Lease for Postage $1,5O0.00quaterly $ 5,000.00 EMERGENCY 6J27/2O25 GRIMM INVESTMENTS LLC[ALASKAMEDICAL 1ALSAmbulancefrom O7.03@15:oo-07.05.2025@15:00Total 48hrswi $ 5,000.00 WATER 6/05/2O25AN CHYME WELLANDPUMP SERVICE INC Emergency Re pair- For the Town Water -does not include the pump. Plea $ 5,824. CITY SHOP 7/01/2O25AIRPORTEQUIPMENT RENTALS INC Cutting edges for big/winter equipment $ 7,019.12 CITY CLERK 6/10O25 CIVIC PLUS Gender Neutralization quote for5eward Seward, AK Cade of Ordinances' $ 7,500.00 ELECTRIC ADMI N 6/26/2025 POWER MONITORS, INC. See ker, Voltage, Current - I nternal WiFI/Ce II/GPS and Ultra Slim Flexible $ 11,793.33 PARKS MAINTENANCE 7/15/2O25DXP ENTERPRISES, INC [ALASKAPUMP AND Purchase of new pumps for theshowe rhouse. $ 14,913.00 ELECTRICADMIN 7/08/2025 ELECTRIC POWER CONSTRUCTORS, INC. Gene rat or6ReplacerentBreaker $ 20,800.00 ELECTRICADMIN 7/17/2O25 ELECTRIC POWER CONSTRUCTORS, INC. Spare Generator 6 Re placement Breaker $ 20,800.00 aione> 6/O5/2O25DANIELNELSON SERVICES FOR FIRE DEPARTME NT STRATEGI C PLANNING $ 21,890.00 WATER 6MO$r2O25ANCHORAGEWELLAND PUMP SERVE INC Emergency Re pair- For the Town Water -Repair came back for a fu II pu mp $ 28,153.50 WIC 5HIPLIFT 6/11/2O25KENDRICK EQUIPMENT LTD Open Department P.O. for purchases for the9)tonand 3O0ton Trave I ift. Ke nd n do is the only Approved Ve nd orf or Mari ne Trave I ift $ 35,000.00 28 Page 11 blank page 29 City Clerk Report July 28, 2025 Page 1 of 3 2025 CITY OF SEWARD REGULAR MUNICIPAL ELECTION Any qualified voter living within the Seward city limits for at least one year prior to August 15, 2025 may file a declaration of candidacy for Council Member or Mayor that will be voted upon at the Regular Municipal Election on Tuesday, October 7, 2025. The Council Member seats currently held by Kevin Finch and Randy Wells will be available. The seat of the Mayor, currently held by Sue McClure, will also be available. All terms are for three years and will expire in October 2028. Candidate filing packets will be available in the office of the City Clerk, or may be downloaded from the city website. Completed candidate packets must be filed in person with the City Clerk from Friday, August 1, 2025 through Friday, August 15, 2025 between the hours of 8:00 a.m. to 5:00 p.m. [excluding weekends] Declaration of Candidacy Packets Coming Soon! City Council 2025 Council Member Application Packet City Council 2025 Mayor Application Packet 30 City Clerk Report July 28, 2025 Page 2 of 3 Obihiro Sister City Exchange July 30th —August 7th Obihiro Students in Seward 2025 Obihiro—Seward Student Exchange (Obihiro Students) Yuri Kaiya Kira Nakamara Tomoshi Masunaka Sawa Mzuki yoo-ree kah-ee-yah kee-rah nah-kah-rroo-rah toh-noh-shee nah-soo-nah-kah sah-wah Tree-zoo-kee �"� noo,00:� �E,V Illilthhibaljd---<.:04 r if rQNEX i I J: 1 ,, - August 7th Travel Day —We will have a Goodbye Ceremony at City Hall at 2:30pm August 9th - August 16th Seward Students in Obihiro, Japan 2025 Seward—Obihiro Student Exchange ( Seward Students) Jaelyn Crites Alex Fink Logan Johnson A l t a L i I j e m a r k %2 4 1)>•'754J 7l/J' 7-(> 17—j7%• f.";3i'li 7)1,9• 1J1J=7—itill 1 ei 4 '•*r � J ' - August 1 6th — August 19th — Seward Student Visiting Tokyo, Japan August 19th—Seward Student back in Seward, Alaska 31 City Clerk Report July 28, 2025 Page 3 of 3 Ozzy Osbourne 1948-2025 Rest in Peace Top 10 Black Sabbath songs as selected by the City Clerk 1. Into the Void 2. Children of the Grave 3. Symptom of the Universe 4. Iron Man 5. Black Sabbath 6. Paranoid 7. War Pigs 8. Tomorrow's Dream 9. Megalomania 10. Air Dance 32 Resolution 2025-068 RESOLUTION 2025-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW BREATHING AIR COMPRESSOR FROM SEAWESTERN FIRE FIGHTING EQUIPMENT FOR $59,067.67 WITH A 10% CONTINGENCY, FOR AN AMOUNT NOT TO EXCEED $64,974.44 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-068 • Attachments: o SeaWestern Fire Fighting Equipment Quote 33 Resolution 2025-068 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Clinton Crites, Fire Chief Subject: Resolution 2025-068: Authorizing the City Manager to Purchase a New Breathing Air Compressor from SeaWestern Fire Fighting Equipment for $59,067.67 with a 10% Contingency, for an Amount Not to Exceed $64,974.44 and Appropriating Funds Background and justification: The Seward Fire Department's current Scott breathing air compressor was purchased in 2007 and is over 18 years old. The current compressor is failing and is not efficient for timely refilling of the station's cascade system and does not produce the current volume or pressure of air needed. The Seward Fire Department knew the current breathing air compressor was nearing the end of its life, but it wasn't expected to become such a critical purchase at this time, so it was not budgeted in the 2024-2026 budget, and we are now asking for allocation of funds. Quotes for the project were received from vendors and SeaWestern Fire Fighting Equipment had the lowest quote and met all requirements for the breathing air compressor. The Seward Fire Department directly solicited quotes from vendors known to carry these specialized breathing air compressors and is recommending the lowest priced quote for purchase. The total requested is $59,067.67 plus 10% contingency for a total of $64,974.44 which includes shipping and installation. Comprehensive and Strategic Plan Consistency Informatio This legislation is consistent with (citation listed): Comprehensive Plan: Volume 1-page 9, 2.2.9 Volume 2-page 27, 12.1 Strategic Plan: Page 18 Other: Total amount of funds listed in this legislation: $ 59,067.67 + 5,906.77 10% contingency = $64,974.44 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ 64,974.44 Creates a savings in the amount of: $ Has no fiscal impact X 34 Resolution 2025-068 Funds are (✓): Budgeted Line item(s): 01000-1220-8103 X Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water X Yes Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review 94z.gi4t° Administration Recommendation X Adopt Resolution Other: 35 Resolution 2025-068 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW BREATHING AIR COMPRESSOR FROM SEAWESTERN FIRE FIGHTING EQUIPMENT FOR $59,067.67 WITH A 10% CONTINGENCY, FOR AN AMOUNT NOT TO EXCEED $64,974.44 AND APPROPRIATING FUNDS WHEREAS, the current Scott breathing air compressor was purchased in 2007 and is over 18 years old; and WHEREAS, the current compressor is failing and is not efficient for timely refilling of the station's cascade system and does not produce the current volume or pressure of air needed; and WHEREAS, the Fire Department knew the current breathing air compressor was nearing the end of its life, but it wasn't expected to become such a critical purchase at this time, so it was not budgeted in the 2024-2026 budget; and WHEREAS, quotes for the project were received from vendors and SeaWestern Fire Fighting Equipment had the lowest quote and met all requirements for the breathing air compressor; and WHEREAS, the Fire Department directly solicited quotes from three vendors known to carry these specialized breathing air compressors and is recommending the lowest priced bid for purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to purchase the new breathing air compressor from SeaWestern Fire Fighting Equipment for $59,067.67, plus a 10% contingency, for an amount not to exceed $64,974.44. Section 2. Funding in the amount of $64,974.44 is hereby appropriated from the General Fund reserves 01000-0000-3400 to the Fire Department Capital equipment expense account 01000-1220-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of July 2025. 36 Resolution 2025-068 CITY OF SEWARD, ALASKA RESOLUTION 2025-068 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 37 P.O. Box 51, Kirkland, WA 98083 Bill To: Accounts Payable City of Seward P.O. BOX 167 SEWARD, AK 99664 FIRE FIGHTING EQUIPMENT fT Ship To: SEWARD FIRE DEPT 316 - 4TH AVENUE SEWARD AK 99664 United States Attention Delivery FOB Expires CLINTON CRITES 06/27/2025 Resolution 2025-068 Quote A\\/TE ST N Phone: (425) 821-5858 Email: info@seawestern.com www.seawestern.com Date 05/28/2025 Customer No. 10704 Quote No. QUO32623 Sales Rep Michael McSwain Pricing valid for listed quantities Returns accepted within 30 days of receipt Restocking fee up to 25% will apply on any non -stock merchandise Custom orders are non -cancellable, non -returnable Unless otherwise noted, pricing does not include shipping 3% credit card processing fee for payments over $2,500 Qty Unit Part Number Description Unit Price Ext. Price 1 1 1 EA EA EA BAU Legacy 2/13-E1 BAU Legacy 2-CO-RETRO monitor BAU CFS5.5-2S PACKAGES Bauer Legacy Compressor 6000 PSIG (414 BAR) *CUSTOMER REQUESTING SINGLE PHASE* Legacy - 13 - El (230 Volt) 13 SCFM 238 L/MIN 4 Stages 10 HP / 7.5 kW Motor 11 FAD 1420 RPM P2 Purification System Bauer Legacy Carbon Monoxide Monitor Bauer Containment Fill Station Compressor System: CFS5.5-2S standard scope of supply and including the following additions: Dual function, top mount, four bank cascade panel. The dual function feature offers the ability to refill a storage bank, even with the bank valve closed, while filling SCBA's from another bank. The system also include an air direction valve allowing the operator to select "filling from storage" or "filling direct from the compressor." Additionally the scope includes a remote fill hose connection including bulkhead fitting, adjustable regulator for up to 6000 psig service, gauge, isolation valve, and quick connect/disconnect. 27,234.76 5,149.24 16,726.52 27,234.76 5,149.24 16,726.52 38 Page 1 of 2 P.O. Box 51, Kirkland, WA 98083 Resolution 2025-068 EAWFSTERN FIRE FIGHTING EQUIPMENT fT Phone: (425) 821-5858 Email: info@seawestern.com www.seawestern.com Qty Unit Part Number 1 1 1 EA EA BAU CUSTOM AK Component Compressor Commissioning Service Shipping Description HOSE REEL ASSY (100-ft hose) NO CONTROLS Part # HR/REL-12/NC SeaWestern Commissioning Service of Component Compressor System at Department Estimated Shipping Unit Price 2,662.15 1,795.00 5,500.00 Ext. Price 2,662.15 1,795.00 5,500.00 Total $59,067.67 39 Page 2 of 2 Resolution 2025-069 RESOLUTION 2025-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW CAN -AM SIDE -BY -SIDE 9SSA FROM TEAM CC IN THE AMOUNT OF $40,909 AND A QTAC EMS-R PATIENT MOVER FROM MTECH, INC IN THE AMOUNT OF $5,745 WITH A 10% CONTINGENCY, NOT TO EXCEED $51,319.40 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-069 • Attachments: o Quote 40 Resolution 2025-069 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Clinton Crites, Fire Chief Subject: Resolution 2025-069: Authorizing the City Manager to Purchase a New Can -Am Side -by -Side 9SSA From Team CC in the Amount of $40,909 and a QTAC EMS-R Patient Mover from MTECH, Inc in the Amount of $5,745 with a 10% Contingency, Not to Exceed $51,319.40 and Appropriating Funds Background and justification: The Seward Fire Department, to continue to provide quality emergency services to the Seward community, needs to purchase the Can -Am SXS 9SSA and QTAC EMS-R patient mover. The purpose and use of the Can -Am SXS 9SSA and QTAC EMS-R patient mover will be for mountain and remote rescues where our normal rescue apparatus cannot go. The Fire Department has conducted rescues recently in which we could utilize the Can -Am SXS 9SSA and QTAC EMS-R patient mover to ensure a safe rescue of the victim and protect the safety of our rescuers, to include wilderness, mudflats, mountains and streams. Can -Am was chosen due to being the only manufacturer of 6X6. The Fire Department directly solicited quotes from vendors known to carry the specialized Can - Am SXS 9SSA and QTAC EMS-R patient mover. Quotes for the project were received from four vendors for the Can -Am SXS 9SSA and Team CC Inc. DBA Valley CC in Wasilla had the lowest quote and met all requirements. Quotes were received from two vendors for the QTAC EMS-R patient mover and MTECH, Inc had the lowest quote and met all requirements. The Fire Department is recommending the lowest priced bid for both purchases. Funds are available in the Motor Pool Reserves for the purchase of the Can -Am SXS 9SSA and QTAC EMS-R patient mover for Seward Fire Department in the amount of $46,654.00 plus a 10% contingency, not to exceed $51,319.40. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Volume 1-page 19, 3.8.2 Volume 2-page 27, 12.1 Strategic Plan: Page 18 Other: 41 Resolution 2025-069 Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 03000-1220-8103 X X Not budgeted Not applicable $ $46,654.00 + 10% contingency $4,665.40 = $51,319.40 $ 51,319.40 Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: �G Attorney Review -11 Administration Recommendation X Adopt Resolution Other: 42 Resolution 2025-069 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-069 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW CAN -AM SIDE -BY -SIDE 9SSA FROM TEAM CC IN THE AMOUNT OF $40,909 AND A QTAC EMS-R PATIENT MOVER FROM MTECH, INC IN THE AMOUNT OF $5,745 WITH A 10% CONTINGENCY, NOT TO EXCEED $51,319.40 AND APPROPRIATING FUNDS WHEREAS, to continue to provide quality emergency services to the Seward community, the Seward Fire Department needs to purchase the Can -Am SXS 9SSA and QTAC EMS-R patient mover; and WHEREAS, the purpose and use of the Can -Am SXS 9SSA and QTAC EMS-R patient mover will be for mountain and remote rescues where our normal rescue apparatus cannot go; and WHEREAS, the Fire Department has conducted rescues where the Can -Am SXS 9SSA and QTAC EMS-R patient mover could have been utilized to ensure a safe rescue of the victim and protect the safety of our rescuers, to include wilderness, mudflats, mountains and streams; and WHEREAS, the Fire Department directly solicited quotes from vendors known to carry the specialized Can -Am SXS 9SSA and QTAC EMS-R and is recommending the lowest priced bid for purchase; and WHEREAS, funds are available in the Motor Pool Reserves for this purchase of the Can - Am SXS 9SSA and QTAC EMS-R patient mover for the Seward Fire Department in the amount of $46,654 with a 10% contingency, not to exceed $51,319.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to authorize the purchase of the Can -Am SXS 9SSA and QTAC EMS-R for an amount not to exceed $46,654.00, plus a 10% contingency, for a total of $51,319.40. Section 2. Funding for this purchase in the amount of $51,319.40 is hereby appropriated from the Motor Pool reserves account 03000-0000-3400 to capital equipment account 03000- 1220-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of July 2025. 43 Resolution 2025-069 CITY OF SEWARD, ALASKA RESOLUTION 2025-069 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 44 Team CC Inc. DBA Valley CC 491 South Willow Street WASILLA AK 99654 907-357-3200 CITY OF SEWARD FIRE DEPARTMENT Buyer's Order P.O. BOX 167 SEWARD, AK 99664 H W 907-224-4059 C 558-744-0490 New/U Year Make New 2025 CAN -AM Parts and Labor: Model 9SSA Unit Information Serial No. 3J B6VAX48S K000563 Resolution 2025-069 Date Order No. Salesman Model Name DEF 6x6 LTD CAB HD10 Qty Ext Price DSRP Dealer Unit Price Parts & Accessories Labor Freight Dealer Prep / Rigging Fee Notes: Details for removed unit: Stock #: 7DSWO1T, Year: 2025, Make: CAN -AM, Model: 7DSW Part Number: trans-715008850, Description: WIRING HARNESS_WINCH KIT SSP, Price: $179.99, Requested Qty: 1 Part Number: trans-715009926, Description: FRT BUMPER B-487, Price: $429.99, Taaieslci1ttytation Part Number: trans-715006417, Description: CAN -A Jared Nelson Price (Ind factory options) $34,744.00 $35,044.00 $34,744.00 $3,798.33 $0.00 $0.00 $0.00 Cash Price Trade Allowance Payoff $38,542.33 $0.00 $0.00 Net Trade Net Sale (Cash Price - Net Trade) Sales Tax Title/License/Registration Fees Document or Administration Fees $0.00 $38,542.33 $12.50 $0.00 $199.00 Total Other Charges Sub Total (Net Sale + Other Charges) Cash Down Payment Amount to Pay/Finance $211.50 $38,753.83 $0.00 $38,753.83 Monthly Payment of $807.37 For 48 Months at 0.00% Interest NOTICE TO BUYER: I hereby agree to purchase the vehicle(s) detailed above under the terms and conditions specified, In the event the manufacturer increases the pricing between the time the deposit is taken and when the unit is delivered to the dealer, the selling price will necessarily be adjusted by the actual amount of the price change. A non refundable deposit will be applied to ordered vehicles TRADE-IN NOTICE: Customer respresents that all trade in units described above are free of all liens and encumbrances except as noted. *With Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lendor. Customer Signature Dealer Signature Thank You for Your Business! 45 Resolution 2025-069 2025 CAN -AM 9SSA DEF 6x6 LTD CAB HD10 46 Resolution 2025-069 MTECH Inc. 1072 MARAUDER STREET SUITE 210. CHICO, CA 95973 Phone: 530-894-5091 Fax: 530-894-5092 Quotation Quote SEWARD ALASKA FIRE DEPARTMENT To: 316 4TH AVE Seward, AK 99664 United States Quote Number: 17283 Contact: JASON HARRINGTON Quote Date: 05/29/2025 Expires: 06130/2025 Inquiry: Customer: SEWARDAKFD Terms: Payment due on receipt Salesman: Emanuel Feliciano Phone: +1 (518) 744-0490 Ship Via: LTL FAX: FOB: CHICO, CA 1. This is an estimate only. Modification to line items may affect final pricing. 2. Price does not include sales tax (if applicable). Part Number Item Description 1 2300.009-10 QTAC EMS-R, Includes: - Red with white decals - Rescue/backboard rescue platform - Sliding storage tray, EMS-R, Black PolyTough - 02 Bottle Holder,Black PolyTough - IV Pole & Holder Assembly, EMS-R -.Integrated latching rail/handle - Storage compartment with latching door - Sliding. Storage Tray, Black, PolyTough - Adjustable attendant seat with seatbelt - Hand rail for attendant - Premium components Revision Quantity Price 1 $3,995.0000 /EA 2 FREIGHT , Freight Charge 1 $1,750.0000 /EA Emanuel Feliciano efel ician o©gtacfire.com (866) 308-6699 ex 174 Total: $5, 745.00 By EMANUEL FELICIANO MTECH Inc. Report Generated: 06/1312025 1:13:WM 47 Page 1 of 1 Resolution 2U25-Ub9- QTAC Model EMS-R UTV Skid Specification A Division of MTECH, Inc. 1072 Marauder, Suite 210 Chico, CA 95973 1.888.797.5100 www.gtacfire.com www.mtechincorporated.com F QTAC as eso u ion STRUCTURE The structure shall have the following characteristics: • MTECH PolyToughT"" extrusion -welded Copolymer Polypropylene construction • Flange -mounted anchor points to secure the skid unit to the UTV bed • Enclosed storage area with latching door • Adjustable (fore and aft) padded attendant seat with safety belt • Rescue area for stokes basket or long board • Integral grab rails at rescue area and aside the attendant area for easy skid removal and for tie -down of patient and stowage OPTIONS The associated options shall have the following characteristics: • MTECH PolyToughTM Sliding Storage o OPTION: Copolymer sliding storage tray with built-in stops • MTECH PolyToughTM Oxygen Bottle Holder o OPTION: Removable Copolymer oxygen bottle holder for two "D" Sized bottles, with bottle retaining devices • Stainless Steel IV Pole o OPTION: Removable Stainless Steel IV Pole with accommodations for two IV bags and storage when not in use. EMPTY WEIGHT • Base Model: Approx. 145 lbs. • With Sliding Storage: Approx. 182 lbs. *All weights are approximate QTAC Resolution 2025-070 RESOLUTION 2025-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM METCO TO PREP AND PAVE A PORTION PHOENIX ROAD FOR AN AMOUNT NOT TO EXCEED $165,000 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-070 • Attachments: o Metco Unsolicited Bid o Reference Quotes 50 Resolution 2025-070 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Deputy City Manager Subject: Resolution 2025-070: Authorizing the City Manager to Accept a Proposal from Metco to Prep and Pave a Portion Phoenix Road for an Amount Not to Exceed $165,000 and Appropriating Funds Background and justification: The City received an unsolicited bid from Metco to prep and pave a 930-foot section of Phoenix Drive from where the City's pavement ends to the Hilltop subdivision development. Metco will be paving for the Hilltop subdivision and will have an economy of scale for doing the work that the City would not otherwise be able to attain as we don't have to pay mob and de -mob costs. Work included in this bid: Fill bringing the road to grade, raising manholes and valves to grade, final grade, minimum 2" D-1 under asphalt, 2" asphalt (approximately 24,400 square feet), striping fog and center lines, and edging. This will save the city in the long run as gravel roads require a lot of annual maintenance. Pavement is also easier on the plowing equipment in the wintertime. Included for reference is an agenda statement from the SMIC paving RFP for a similar -sized portion of road. Metco is able to offer a significantly lower price. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.12.3 Road Construction — Support forward funding for major road repairs and upgrades Strategic Plan: Other: Total amount of funds listed in this legislation: $ 165,000.00 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X $ $ 165,000.00 $ 51 Resolution 2025-070 Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance X Yes SMIC Electric Parking Water Other Street /Sidewalk Fund Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorne Review Administration Recommendation X Adopt Resolution Other: 52 Resolution 2025-070 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM METCO TO PREP AND PAVE A PORTION PHOENIX ROAD FOR AN AMOUNT NOT TO EXCEED $165,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward received an unsolicited bid from Metco to pave a 930- foot section of Phoenix Road as they will be working in the area to pave the Hilltop subdivision development; and WHEREAS, paving this section of road will connect the paved portion of Phoenix Rd with the newly paved subdivision; and WHEREAS, the City of Seward Comprehensive plan section 2.2.12.3 Road Construction states "Support forward funding for major road repairs and upgrades"; and WHEREAS, Metco is able to provide a price lower than what the City would normally be able to attain because they will already be working in the area; and WHEREAS, this will ultimately save the City money as paved roads are easier on equipment and have very little maintenance when compared to gravel roads. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to contract with Metco to prep and pave a 930-foot section of Phoenix Road in an amount of $165,000. Section 2. Funding in the amount of $165,000.00 is hereby appropriated from Street/ Sidewalk Fund 80020-0000-3400 to the account 80020-0000-8101 Infrastructure Expense. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of July 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 53 Resolution 2025-070 CITY OF SEWARD, ALASKA RESOLUTION 2025-070 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 54 Resolution 2025-070 Seward, AK City of Seward Re: Phoenix Road Upgrades (.C) ALASKA (907) 224-3151 6-24-2025 Metco Alaska LLC, would like to submit a price to upgrade and pave Phoenix Road, extending to Dunham Avenue. Currently Pheonix Road has a 930-foot section that is unpaved that leads to the new Hilltop subdivision, which is scheduled for completion and paving this year. It seems illogical to leave a 930-foot section of Phoenix Road gravel and unpaved. Our proposal to complete Phoenix Avenue, extending to Dunham Drive, includes the following scope of work: • Construct approximately 930 linear feet of Phoenix Ave. extending to Dunham approximately thirty linear feet, including fill needed to bring the road to grade. • Raise the manholes and valves to grade. • Final grade. • Minimum 2" D-1 under asphalt • 2" asphalt approximately 24,400 square feet. • Stripping fog and center lines. • Labor to Edge asphalt. Total Lump Sum Price: $165,000.00 Thank you, Cole Petersen Metco Alaska LLC. cole@metcoalaska.com 55 Resolution 2025-070 Agenda Statement Meeting Date: April 24, 2019 To: City Council From: Norm Regis, Acting City Manager Agenda Item: SW Paving Project BACKGROUND & JUSTIFICATION: In 201.0 the City began construction of the SMIC breakwater and Upland Development using State grant funds and utilizing the engineering services of R&M Consultants. The breakwater was completed in late 201.6 and additional funds have since been used for upland development within the project scope. To date, the City has used this grant to rebuild the North Dock fenders to include a 10-ton crane, anodes, and a new float with electricity. The travel lift and travel lift pit were also widened to accommodate larger vessels. As of April 1, 2019, there was an estimated $800,000 remaining in this grant that needs to be exhausted by June 30, 2019. The Harbormaster has prioritized additional work to be completed at SMIC with the expectation to use all grant funds available. The first and largest priority is to pave the North Dock up to the Fisherman's Float as well as the travel lift runway. The SMIC Paving Project consists of: 1. Base Bid Area 1 — 45,930 square feet 2. Base Bid Area 2 — 29,430 square feet 3. Additive Alternate A (additional .travel, lift paving) 23,860 square feet This project was advertised according to SCC 6.10.210 and SCC 6.10.215. A bid opening for the project was held on Thursday April 1.8th, at 1:30 pm. Four bids were received, and the results are summarized below: Contractor Base Bid Additive Alternate A Total Granite 50,000.00 200,000.00 780,000.00 Knik 585,000.00 220,000.00 805,000.00 Metco 489,727.27 198,151.00 687,878.27 GMG General inc. 478,565.00 190,931.00 669,496.00 GMG. General Inc. was the lowest, most qualified and responsive bidder with a total bid amount of $669,496 including the Base Bid and Alternate A. A local. preference was considered in the bid. received from Metco but was not within the allowance of City Code. INTENT: Enter into a construction contract in the amount of $669,496 with GMG General Inc. for the SMIC Paving project. 56 Resolution 2025-070 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (3.5.1.2): Plan for adequate port infrastructure that will serve the needs of users in the main industrial/Alaska Railroad Area and at the Seward Marine Industrial Center (SMIC). X 2 Strategic Plan (page 7): Expand Development in the Seward Marine Industrial Center. X 3. Other (list): X FISCAL NOTE: In addition to the construction contract amount of $669,496, a 10% contingency ($66,949.60) is needed and will be utilized only if required by change orders to the scope of the project as approved in advance by the City Manager. Total appropriation for this project is $736,445.60. There are sufficient funds remaining in the State of Alaska grant for SMIC development that must be exhausted not later than June 30, 2019. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2019- 045 authorizing the City Manager to enter into a construction contract with GNG General Inc. the most qualified, responsive and lowest bidder, for the SMIC Harbor improvement project and appropriate funds. 57 Resolution 2025-071 RESOLUTION 2025-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A BACKUP PUMP REPLACEMENT WITH DXP ALASKA PUMP & SUPPLY, INC FOR THE WASTEWATER LIFT STATION #3 IN THE AMOUNT OF $102,793 WITH A 10% CONTINGENCY, NOT TO EXCEED $113,072.30 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-071 • Attachments: o Lift Pump Quote 58 Resolution 2025-071 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Doug Schoessler, Public Works Director Subject: Resolution 2025-071: Authorizing the City Manager to Purchase a Backup Pump Replacement with DXP Alaska Pump & Supply, Inc for the Wastewater Lift Station #3 in the Amount of $102,793 with a 10% Contingency, Not to Exceed $113,072.30 and Appropriating Funds Background and justification: On July 4, 2025, a pump failed at the City's primary lift station (Lift Station #3 by the waterfall). This lift station facility is the key to pumping all sewage from the City to the Lowell Point Wastewater Treatment Facility. Given that it was the Fourth of July holiday, this constituted an emergency. Even under normal circumstances, when a pump fails, the need to replace it is immediate and vital to maintaining normal operations. Not having a backup pump on site has been problematic, as ordering this equipment has a lead time of several months. The City buys replacement pumps for these lift stations at DXP Alaska Pump & Supply, Inc, as it is the only pump distributor and repair center for the FLYGT pump in Alaska. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: EMERGENCY PURCHASE Total amount of funds listed in this legislation: $ $113,072.30 This legislation (V): Creates revenue in the amount of: Creates expenditure in the amount of: Creates a savings in the amount of: Has no fiscal impact X $ $ $113,072.30 $ 59 Resolution 2025-071 Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water X Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: ,• 54z, Attorney Review X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 60 Resolution 2025-071 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A BACKUP PUMP REPLACEMENT WITH DXP ALASKA PUMP & SUPPLY, INC FOR THE WASTEWATER LIFT STATION #3 IN THE AMOUNT OF $102,793 WITH A 10% CONTINGENCY, NOT TO EXCEED $113,072.30 AND APPROPRIATING FUNDS WHEREAS, on July 4, 2025, the City experienced a pump failure at Lift Station #3 due to age and continuous use; and WHEREAS, this lift station pumps all the sewage from the city to the sewage treatment plant at Lowell Point; and WHEREAS, when a pump fails, we must have a replacement pump available to maintain wastewater utility operations routinely keep one backup pump for each lift station. They are needed and used to always keep wastewater from backing up through town; and WHEREAS, the sole FLYGT pump distributor and repair center in Alaska is DXP Alaska Pump & Supply; and WHEREAS, the urgent need for a replacement pump held for backup in case one pump was to fail, classifies this purchase as an emergency purchase under City Code 6.10.120(b); and WHEREAS, Seward City Code 6.10.120(b) allows the city to utilize a specific product or professional services which can only be furnished by a single dealer, and DXP Alaska Pump & Supply, Inc. is the only authorized dealer for this pump. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is authorized to make an emergency purchase of a pump motor in the amount not to exceed $113,072.30. Section 2. Funding in the amount of $113,072.30 ($102,793 + 10,279.30 contingency) is hereby appropriated from the Wastewater Enterprise Fund account no. 18000-0000-3400 to the Wastewater account no. 18000-4500-8103. 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 28th day of July 2025. 61 Resolution 2025-071 CITY OF SEWARD, ALASKA RESOLUTION 2025-071 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 62 Resolution 2025-071 a xylem brand Grant Stayberg Channel Account Manager Xylem Inc Flygt Products 318 W Charlton Spokane, WA 99208 Cell 503-706-0601 Grant.Stayberg@Xyleminc.com January 1, 2025 Flygt, a Xylem Water Solutions company To whom it may concern Xylem Water Solutions, Flygt brand (Flygt) is the manufacturer of Flygt pumps and parts for your wastewater process. All equipment, components and parts associated with your Flygt equipment should originate from Flygt's Factories. Flygt, A Xylem brand solely uses DXP \ Alaska Pump & Supply, Inc. as it's only authorized representation/direct distributor in the State of Alaska. All inquiries regarding Flygt equipment and parts as well as service should be routed through DXP \ Alaska Pump & Supply, Inc.. Below is their contact information. DXP \ Alaska Pump and Supply, Inc. 8400 Sandlewood Place Anchorage, AK 99507 Phone: (907) 563-3424 If there are any questions concerning the above statement please feel free to contact me Sincerely, Oraid Sfallier, Channel Account Manager 63 Resolution 2025-071 A IASKA PUMP & SUPPLY, INC 8400 SANDLEWOOD PL • ANCHORAGE, ALASKA 99507 • PHONE: (907)563-3424 • FAX: (907)562-5449 July 10, 2025 ATTN: Jacon Cournoyer - City of Seward Seward, AK 99664 PH: 907-362-1890 Email: jcournoyer@cityofseward.net We are pleased to provide pricing for the following equipment: QUOTE: AKP25-0385 Project: Flygt 3301 Replacement Qty Part # Description Each Total 1 3301.095-0092 Flygt NP3301 Submersible Pump Impeller Curve Code: 638 Discharge Size: 10" 70HP, 460V, 3-Phase 65' of S3X50+3X25/3+S(4X0.5) Shielded Power Cable FM Rated w/ FLS & Motor Overtemp $ 102,793.00 $ 102,793.00 Please reference AKP25-0385 when placing order. Total: $102,793.00 Subject to Alaska Pumps Terms & Conditions of Sale. Net Thirty (30) Terms are subject to Alaska Pumps' credit department approval. Proposal Valid: 14 Days from quote date. F.O.B: Seward, AK (S&H Included) Ships: Estimated 14-16 Weeks ARO Notes: CREDIT CARD FEE: Effective 8/30/22 all new credit card orders will incur a 3.5% processing fee. The price for the goods does not include any applicable sales, use excise, Goods and Services Tax, Value Added Tax, or similar tax, duties, tariffs or other governmental charges. Buyer will have the responsibiilty for the payment of all such applicable levies. Regards, ,1 Jacob Gorlick Project Manager DXP / Alaska Pump & Supply, Inc. Direct: (907) 793-4804 Cell: (907) 250-8584 FAX: (907) 562-5449 Jacob.Gorlick@dxpe-com This quotation is the sole property of Alaska Pump & Supply, Inc. It Is issued to you for your confidential use only. In consideration of this quote, the issued party agrees that this quotation shall not be reproduced or copied or disposed of directly or indirectly, or issued for the purpose other than that for which it has been supplied for without written permission. Alaska Pump & Supply, Inc. reserves the right to refuse to sell all or part of thayptation Quote is valid for 30 days unless noted. Alaska Pump & Supply, In s and Conditions Apply Page 1 of 2 Resolution 2025-072 RESOLUTION 2025-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEWARD AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 1547 Documents: • Agenda Statement • Resolution 2025-072 • Attachments: o 2022-2025 IBEW 1547 Contract o Tentative Agreements from Negotiations ■ 1.1 ■ 5.10 ■ 10.3 ■ 12.1 Pension Proposal ■ 12.2 65 Resolution 2025-072 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Taylor Crocker, Electric Operations Supervisor Subject: Resolution 2025-072: Approving the Collective Bargaining Agreement Between the City of Seward and the International Brotherhood of Electrical Workers (IBEW) Local 1547 Background and justification: The City of Seward and the International Brotherhood of Electrical Workers (IBEW) Local 1547 have engaged in good faith negotiations to renew the Collective Bargaining Agreement that governs the wages, benefits, and working conditions for electrical linemen, plant operators, and the field engineer employed in the City's Electric Department. The negotiations resulted in a Tentative Agreement (TA) that modernizes critical employment provisions, maintains operational stability, and supports the City's ability to recruit and retain a skilled workforce. The new agreement will remain in effect through June 30, 2029. Key changes in the new contract include: • Section 1.1— Term of Agreement: Extends the contract through June 30, 2029, providing long-term labor stability and predictability for City operations. • Section 5.10 — Standby Pay: Increases standby pay for linemen to $2.00/hour and operators to $3.00/hour. Enhanced overtime premiums for weekends and holidays were also agreed upon to better compensate employees for after-hours availability. • Section 10.3 — Tools and Clothing Allowance: Raises the annual FR upkeep allowance from $850 to $1,200, aligning with industry standards and rising gear costs. • Section 12.2 — Wage Adjustments and Clarification: Implements competitive wage adjustments to the Journeyman Lineman base rate of pay. o Effective July 1st, 2025, an increase to $60.01, o Effective July 1st, 2026, an increase to $64.21, o Effective July 1st, 2027, an increase to $68.70, 66 Resolution 2025-072 o Effective July lst, 2028, all Journeymen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all urban consumers for Anchorage measured from January 1st, 2027 through December 31st, 2027, with a minimum 2.5% and a maximum of 5%. • Section 12.1 — Pension Contributions: Increases the City's contribution to the Alaska Electrical Pension Fund (AEPF) and Alaska Electrical Workers Retirement Savings Plan (AEWRSP) as follows: o Effective July 1, 2025: $11.57 per hour to AEPF o Effective July 1, 2026: $13.07 per hour to AEPF o Effective July 1, 2027: $14.07 per hour to AEPF o Effective July 1, 2028: $14.57 per hour to AEPF o AEWRSP monthly contribution increased to $265.00 per eligible employee These enhancements demonstrate a shared commitment to safety, reliability, workforce investment, and financial stewardship. The agreement supports the Electric Department's ability to deliver high -quality, uninterrupted service to Seward residents while maintaining fiscal responsibility. Approval of this resolution authorizes the City Manager to execute the Collective Bargaining Agreement with IBEW Local 1547 and implement the negotiated terms effective immediately. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable 67 Resolution 2025-072 Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other x Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: �G Yes Attorney Signature: Not applicable Comments: Attorney Review Administration Recommendation Adopt Resolution Other: 68 Resolution 2025-072 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEWARD AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 1547 WHEREAS, the City of Seward and the International Brotherhood of Electrical Workers (IBEW) Local 1547 have negotiated in good faith to reach a new agreement governing the wages and working conditions for electrical linemen, plant operators, and the field engineer employed by the City's Electric Department; and WHEREAS, both parties have agreed to the terms and conditions set forth in the attached Collective Bargaining Agreement; and WHEREAS, the new agreement ensures fair compensation, safe working conditions, and labor stability for the Electric Department through June 30, 2029; and WHEREAS, the agreement reflects a mutual commitment to maintaining reliable electric service to the community while ensuring fiscal responsibility and workforce support. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby approves the Collective Bargaining Agreement between the City of Seward and IBEW Local 1547, which is effective upon adoption and shall expire June 30, 2029. Section 2. The City Manager is hereby authorized to execute the agreement and take all necessary steps to implement its terms. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of July 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 69 Resolution 2025-072 CITY OF SEWARD, ALASKA RESOLUTION 2025-072 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 70 Resolution 2025-072 AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT Between THE CITY OF SEWARD Seward, Alaska And LOCAL NO. 1547 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFL-CIO Anchorage, Alaska Expires June 30, 2025 71 Resolution 2025-072 72 Resolution 2025-072 Contents ARTICLE 1 2 SCOPE AND DURATION OF AGREEMENT 2 Section 1.1 Term of Agreement. 2 Section 1.2 No Strike Provision 2 Section 1.3 Management Rights. 3 Section 1.4 Binding Agreement 3 ARTICLE 2 4 CITY UNION RELATIONS 4 Section 2.1 Bargaining Unit Defined. 4 Section 2.2 Dispatching New Employees 4 Section 2.3 City — Union Relationship. 5 Section 2.4 Union Examination of Non -Union Employees 5 Section 2.5 Leave of absence for Union Officers. 5 ARTICLE 3 6 APPOINTMENT AND TENURE 6 Section 3.1 Employee Classifications. 6 Section 3.2 Shop Steward. 8 Section 3.3 Posting and Rules. 8 Section 3.4 Access to City Property by Union Representative. 9 Section 3.5 Loaning Union Members to Other Employers 9 Section 3.6 Union Rights to Discipline its Members. 9 Section 3.7 Notices. 10 Section 3.8 Contracting and Subcontracting. 10 ARTICLE 4 11 LEAVE AND HOLIDAYS 11 Section 4.1 Holidays. 11 Section 4.2 Paid Leave. 12 Section 4.3 Leave Without Pay. 14 Section 4.4 Special Leave Categories. 14 Section 4.5 Funeral Leave. 15 Section 4.6 Definition of "Immediate Family" 16 Section 4.7 Benefits While on LWOP. 16 Section 4.8 Application of Law. 16 ARTICLE 5 17 i 73 Resolution 2025-072 HOURS OF WORK AND COMPENSATIONS 17 Section 5.1 Schedules. 17 Section 5.2 Overtime. 18 Section 5.3 Meals Furnished by City 19 Section 5.4 Overtime for Holiday Work. 19 Section 5.5 Termination Pay. 20 Section 5.6 Notice to Union of Employee Termination. 20 Section 5.7 Longevity. 20 Section 5.8 Pay for Working in a Higher Job Classification. 20 Section 5.9 Hot Stick Work. 21 Section 5.10 Stand -By Lists. 21 Section 5.11 Travel. 22 Section 5.12 Layoffs. 23 Section 5.13 Dismissal Notice or Severance Pay. 24 Section 5.14 Separation Paperwork 24 ARTICLE 6 25 APPRENTICE LINEMEN 25 Section 6.1 Apprentices. 25 ARTICLE 7 26 SAFETY 26 Section 7.1 Safety Codes. 26 Section 7.2 Safety Devices. 26 Section 7.3 Testing of Safety Gear. 26 Section 7.4 Pulling Conductors. 26 Section 7.5 Work Inside Energized Substations 27 Section 7.6 Safety Concerns. 27 Section 7.7 Safety Meetings and Training 28 ARTICLE 8 29 DISCIPLINE 29 Section 8.1 Use of City Materials and Equipment. 29 Section 8.2 Employee Cooperation 29 Section 8.3 Failure to Comply with Working Rules. 29 Section 8.4 Employee Conduct. 29 Section 8.5 Falsification of Records. 30 Section 8.6 Class "A" Commercial Drivers License Required 30 ARTICLE 9 31 ii 74 Resolution 2025-072 GRIEVANCE PROCEDURES 31 Section 9.1 Policy on Grievances. 31 Section 9.2 Grievances. 31 Section 9.3 Grievance Procedure. 31 Section 9.4 Arbitration 33 ARTICLE 10 34 WORKING RULES 34 Section 10.1 Foreman/Leadman. 34 Section 10.2 Crew Size for Framing/Erecting Poles. 34 Section 10.3 Tools and Clothing Allowance. 34 Section 10.4 Premium Pay for High Work. 35 Section 10.5 Employee Meals While Operating the Generator. 35 Section 10.6 Generation Plant Operation 35 Section 10.7 Low Voltage Switching. 36 Section 10.8 Connects/Disconnects, Locates and Routine Switching. 36 ARTICLE 11 37 MISCELLANEOUS 37 Section 11.1 Notice of Compensation of Injured Employees. 37 Section 11.2 Miscellaneous Leave/PAC Contribution. 37 Section 11.3 Hazards. 38 Section 11.4 Linemen's Room and Lockers. 38 Section 11.5 Delegation of Authority. 38 ARTICLE 12 39 WAGES AND BENEFITS 39 Section 12.1 Trust Fund Contributions. 39 Section 12.2 Wage Rate. 41 Section 12.3 Operator and Mechanic. 41 Section 12.4 Movement of Monies. 42 Section 12.5 Field Engineer. 42 ARTICLE 13 43 JOB CLASSIFICATIONS 43 SIGNATURE PAGE 44 Letter of Understanding 45 INDEX 46 iii 75 Resolution 2025-072 iv 76 Resolution 2025-072 AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT Between The City of Seward and Local 1547 Seward, Alaska International Brotherhood of Electrical Workers, AFL-CIO Anchorage, Alaska THIS AGREEMENT, entered into in duplicate and effective as of the first day of July 2022, by and between the city of Seward, an Alaskan municipally owned public utility having its principal offices at Seward, Alaska, hereinafter referred to as the "City," and Local 1547 of the International Brotherhood of Electrical Workers, AFL-CIO, of Anchorage, Alaska, hereinafter referred to as the "Union," WITNESSETH THAT: WHEREAS, the City and the Union recognize that the City is engaged in furnishing an essential public service which vitally affects the health, safety, comfort and general well-being of those persons resident in the service area of the City; and WHEREAS, the City and the Union have a common and sympathetic interest in the generation, transmission and distribution of electric energy and such common interest and the public welfare will be better served by the establishment and maintenance of labor management cooperation between the City and the Union; and WHEREAS, it is the intent and purpose of the parties hereto to promote and improve industrial and economic relations between the City, its employees and the Union; to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment; to provide procedures for the amicable adjustment of all disputes and grievances; and to promote and foster harmonious employer -employee relations to the mutual benefit of the City, its employees, the Union and the general public; Resolution 2025-072 NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: ARTICLE 1 SCOPE AND DURATION OF AGREEMENT Recognizing the mutual benefits to be secured by harmonious employer - employee relations, the City and the Union establish and endorse this Agreement. The Union recognizes that the City is a municipally owned public utility and the City recognizes that Local 1547 is part of the International Brotherhood of Electrical Workers by mutual consent. Section 1.1 Term of Agreement. This Agreement will remain in full force and effect from July 1, 2022, until June 30, 2025 and thereafter year to year; provided, however, that either party may give the other party written notice of its desire to terminate the Agreement or to effect changes therein. Such written notice will specify the reasons for the termination or a description of the changes desired, as the case may be, and will be served upon the other party not less than sixty (60) days prior to the end of the initial period of this Agreement or any annual extension thereof. The parties will meet to negotiate on such termination, modifications or amendments within thirty (30) days from the receipt of such notice, except that such meeting may be delayed by mutual consent. The parties agree that, while negotiating a new agreement, all provisions of this Agreement will remain in full force and effect until a new agreement is ratified or impasse is reached. Nothing herein will preclude the termination, modification or amendment of this Agreement at any time by written mutual consent of the parties. Section 1.2 No Strike Provision. There will be no stoppage of work either by strike or by lock -out because of any proposed changes in this Agreement or disputes over matters relating to this Agreement. All such matters will be settled as provided herein. 2 78 Resolution 2025-072 Section 1.3 Management Rights. The right to enforce discipline; to select for employment, employ, transfer, promote or demote employees; to discharge employees for cause; to discontinue the services of temporary and probationary employees; and otherwise to manage its business and direct its working forces within the Bargaining Unit is reserved by, and is vested exclusively in, the City; provided that the right herein reserved will not be used for the purpose of discrimination against any member of the Union; and provided further that the Union may grieve pursuant to Article IX the employment, transfer, promotion, demotion, discipline or discharge of employees covered hereunder. Section 1.4 Binding Agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto, or affected, modified, altered or changed in any respect whatsoever by change of any kind of ownership or management of either party hereto, or by any change, geographical or otherwise, in the location of place of business of either party hereto. 3 79 Resolution 2025-072 ARTICLE 2 CITY UNION RELATIONS Section 2.1 Bargaining Unit Defined. The City recognizes the Union as the sole bargaining agent with respect to hours, wages and other conditions of employment for all employees within the bargaining unit. The bargaining unit shall consist of all classifications of employees engaged in the operation and maintenance and other work normally performed by employees of the City -owned electrical utility and included in the classifications of Article XIII, but shall exclude administrative, supervisory and other employees; provided however, the City may employ employees not in the bargaining unit to operate the City's own generation plant in emergencies, provided bargaining unit members are not available. Section 2.2 Dispatching New Employees. The City shall notify the Union when new employees are needed, and the Union shall make every effort to supply satisfactory applicants. Should the Union fail to do this within forty-eight (48) hours, excluding holidays and weekends, the City may hire any qualified person it so desires. A. All employee covered under the terms of this Agreement who are not already Union members may make application to join the Union as a full member or become an agency fee payer. B. A business representative or shop steward will be allowed to meet with all newly hired bargaining unit employees, without charge to the pay or leave time of the employees, for a minimum of 60 minutes, within 7 calendar days from the date of hire, in a new employee orientation. C. The Employer agrees that it will not actively encourage employees to resign or relinquish membership in the Union or revoke authorization of the deduction of fees to the Union. D. The Employer shall not actively discourage an employee from joining the Union or becoming an agency fee payer. 4 80 Resolution 2025-072 E. The Employer agrees that it will not disclose home addresses, personal telephone number(s), personal cell phone number(s), or personal e-mail address(es) of any employees for the purpose of undermining the Union. F. Nothing in this Agreement prohibits the Union from charging a nonmember for the cost of a grievance and/or arbitration filed at the request of the nonmember. Section 2.3 City — Union Relationship. The Union agrees that each of its members who may be hired and employed by the City will work for the City and the City agrees to hire and employ members of the Union in accordance with this contract. Section 2.4 Union Examination of Non -Union Employees. The Union reserves the right to subject any non -union person hired by the City to an examination before admitting such person to membership in the Union. Such examination shall be the same as that given any Union member of like status and classification. Section 2.5 Leave of absence for Union Officers. Any employee elected or properly appointed to an office in the Union which requires all of his time shall be granted leave of absence to perform such duties upon application, due consideration being given to the City's scheduling of work and the necessity for continuous operation of the utility. 5 81 Resolution 2025-072 ARTICLE 3 APPOINTMENT AND TENURE Section 3.1 Employee Classifications. A. Temporary Employees. Journeyman Linemen and Wiremen and other classifications as set forth in the IBEW-NECA Agreement may be employed as temporary for a period not to exceed six (6) months of continuous employment. Such employees shall be subject to this Agreement as to hours of work and applicable working rules only. In addition, Temporary Employees shall receive the wage rates as set forth in the IBEW-NECA Inside Outside Agreements as amended. The City shall pay on behalf of the Temporary Employees benefits as specified in said IBEW-NECA Agreement. Temporary Employees shall not accrue seniority, service credits, holiday pay, annual leave, jury duty or longevity, and are not considered Regular Employees. (A Temporary Employee under this subsection may be laid off or discharged for any reason or no reason.) B. Probationary Employees. 1. Generally. A Probationary Employee is one who has been hired by the City for regular employment but who has had less than one hundred eighty (180) days continuous service with the City. All employees hired to fill a regular job will be regarded as Probationary Employees for the first one hundred eighty (180) days, except that if a Temporary Employee is hired for regular employment, such time served as a Temporary Employee shall be credited towards the employee's probationary period. During this period of probationary employment, employees may be laid off or discharged by the City for any reason or no reason. All employees hired to fill a regular job shall accrue service credits and seniority during such probationary period. This time may be extended by mutual agreement between the City and the Union. Probationary employees may accrue leave as provided in section 4.2, but will not be allowed to take that leave until 90 days of the probationary period has ended. 6 82 Resolution 2025-072 2. Promoted Employee Probationary. When it becomes clear that an employee serving a promotion -based probationary period not to exceed ninety (90) days is not performing adequately, the employee shall be so informed in writing by the City. If reassignment is found to be necessary, the employee shall be reassigned to a position in his previous job classification and his date of hire shall remain unaffected. C. Regular Employee. A Regular employee is one who has been engaged for regular employment and completed the probationary period. D. Casual Employee. The parties recognize that upon occasion, due to circumstances beyond the control of the City, the City must utilize a casual employee. A "casual employee" is one who is employed by the City under the following conditions: 1. Casual employees shall not displace a regular employee. 2. Casual employees shall be considered regular employees upon the completion of one hundred fifty (150) hours in any calendar year. 3. Casual employees shall be paid at least seventy five percent (75%) of the base wage rate for journeyman lineman as set forth in Articles XII and XIII. 4. The City may employ casual employees without utilization of the hiring provisions of section 2.2 of this Agreement. However, the Union shall be notified as soon as possible of the need for additional temporary help and the Union will attempt to supply such help as quickly as possible to replace the casual employee. 5. Persons employed as casual employees need not affiliate themselves with the Union. 6. Casual employees shall not be entitled to fringe benefits such as pension, health and welfare, and other benefits as provided under this Agreement and shall not accrue seniority, service credits, holiday pay, annual leave, jury duty, workers' 7 83 Resolution 2025-072 compensation supplement, or longevity pay as provided under this Agreement. 7. The City shall upon request provide verification to the Shop Steward that casual employees have been properly compensated. E. Cut Branch Disposal Employee 1. Cut branch disposal employees shall be paid at least fifty percent (50%) of the base wage rate for journeyman lineman as set forth in Articles XII and XIII. This employee will only be allowed to dispose of cut branches and vegetation on the ground. 2. The provisions in Section 3.1 (d)(1), (5), (6) and (7) applicable to casual employees shall apply to cut branch disposal employees under this Section 3.1 (e). The city may employ cut branch disposal employees without utilization of the hiring provisions of Section 2.2 of this Agreement. Section 3.2 Shop Steward. The City will recognize the Shop Steward, selected in accordance with Union rules and regulations, as representative of the employees. The Union will notify the City as to the identity of the Shop Steward. The Shop Steward may not be a foreman, unless mutually agreed by the parties. Section 3.3 Posting and Rules. A. Posting of Notices. A bulletin board shall be provided in a location mutually agreeable to the parties for the posting of Union notices and communications and, in the discretion of the Union, copies of the City's working rules. B. City -Prescribed Working Rules. The City may prescribe working rules in addition to the working rules set out in this Agreement pertaining to safety, discipline and conduct not inconsistent with the terms of this Agreement. C. Changes to Safety Working Rules. Any material changes or additions pertaining to generally applicable or specified safety working 8 84 Resolution 2025-072 rules in relation to classifications in Article XIII will be mutually agreed upon by both parties. D. Job Classifications and Descriptions. The Employer will prepare job classifications and descriptions, provided, that the job titles used and the minimum qualifications prescribed will conform to those generally recognized and used in the electric utility industry. The Union may submit a proposal to create a new, or revise an existing, classification to the Human Resources Department and the Utility Manager. Neither party shall request modification to current classification without adequate justification. The Employer and the Shop Steward will meet and confer within thirty (30) calendar days. If the parties cannot come to mutual consent, the Union Business Representative will meet and confer with the City Manager within thirty (30) days. If the Business Representative and the City Manager cannot come to an agreement, the City Manager will make the final decision. One copy will be sent to the IBEW. Section 3.4 Access to City Property by Union Representative. Subject to prior notice, the authorized Union representative shall be granted access to the City's property pertaining to the electrical utility. Section 3.5 Loaning Union Members to Other Employers. The City shall not loan or cause to be loaned to any other employer the members of the Union in its employ without securing permission of the Union, or if an emergency exists, as soon thereafter as possible. Section 3.6 Union Rights to Discipline its Members. The Union reserves the right to discipline its members for any violation of Union laws, rules or agreements, unless specifically waived by the City. If disciplinary action by the Union for any cause involves removing Union members from jobs, forty-eight (48) hours' notice shall be given the City before such action is taken. Unless specifically waived by the City, as a condition precedent to the removal of such Union member from employment of the City, the Union shall supply satisfactory replacement employees to the City for the period of time such Union member is removed from the job. 9 85 Resolution 2025-072 Section 3.7 Notices. All notices required by either party shall be in writing either to the Business Manager of the Union, delivered to his office, or to the City Manager, delivered to his office, and shall be deemed given when delivered, or if mailed by certified mail, return receipt requested, the date of delivery, or if by fax transmission, provided that receipt of said fax transmission is confirmed by the receiving party, or if by email, acknowledged received with a reply. Section 3.8 Contracting and Subcontracting. A. City Rights and Limitations. The Union recognizes that the City has statutory and charter rights and obligations in contracting for matters relating to City operations. The right of contracting or subcontracting is vested in the City. The right of contracting or subcontracting day labor shall not be used for the purpose or intention of undermining the Union nor to discriminate against any of its members. The City further agrees that it will not layoff, assign or transfer any employees because of the exercise of its contracting and subcontracting rights. Except as provided in Section 3.1(d), the City of Seward will not transfer, assign, or subcontract any work normally performed by the bargaining unit employees to any person, firm or corporation that is not signatory to an agreement with IBEW L.U. 1547; provided, however, that letters of assent by the Union, through the Shop Steward, to allow necessary work to be done by non-members of IBEW L.U. 1547 will not be unreasonably withheld. B. Clearing Exception. The provisions of Section 3.8 shall not apply (1) to clearing of rights of way by property owners or an association of property owners with an interest in that property or (2) when clearing of City rights of way does not constitute new construction activity. 10 86 Resolution 2025-072 ARTICLE 4 LEAVE AND HOLIDAYS Section 4.1 Holidays. A. Recognized City Holidays. The following shall be recognized as holidays with pay for all regular employees who are in a pay status the day before and the day after the recognized holiday, except as noted in Subsection (d) below: New Year's Day, President's Day, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day, Veteran's Day, Thanksgiving Day and the day immediately following Thanksgiving Day, Christmas Eve Day, and Christmas Day. B. Holidays Falling on a Saturday or Sunday. When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized in lieu thereof and treated as a holiday with respect to overtime compensation. When a recognized holiday falls on a Sunday, the Monday following shall be recognized in lieu thereof and, treated as a holiday with respect to overtime compensation. C. Holiday During Annual Leave. A recognized City holiday which occurs during an employee's annual leave shall not be counted as a day of annual leave. D. Holiday Falling Between Two Days of Leave Without Pay. A holiday occurring between two days of disciplinary leave without pay shall not be paid. A holiday occurring between two days of voluntary or emergency leave without pay shall be paid. 11 87 Resolution 2025-072 Section 4.2 Paid Leave. A. Annual Leave Accrual Rate. All regular employees holding permanent or probationary status will accrue leave as follows: Years of Services Hours Per Year Hours Pay Period 0-2 160 6.15 3 - 5 200 7.69 6 - 9 240 9.23 10 - 14 303.33 11.67 15+ 347.1 13.35 The minimum numbers of hours of annual leave that must be taken yearly are as follows: • For employees with less than three years of service, 40 hours of leave must be used. • For employees with three to six years of service, 60 hours of leave must be used. • For Employees with six years of service or more, 80 hours of leave must be used. • These limitations shall not apply to new employees until January 1 of the second calendar year following their date of hire. 1. It shall be the department head's responsibility to see that each Employee under his/her supervision has taken the minimum annual hours of leave required by this Section. An employee may elect to cash out leave up to two times per calendar year on an hour for hour basis in order to comply with this requirement, provided that the balance of the Employee's remaining leave is not reduced below 240 hours. The department head shall provide in writing to the city manager the reasons an employee in his/her department failed to take the minimum annual leave hours required. Such letter shall be made part of the personnel file of the employee in question. The city manager may waive these leave use requirements. 12 88 Resolution 2025-072 2. In documented cases of unforeseen financial emergencies, consistent with city policies of deferred compensation cash -in, the city manager may authorize the city to purchase an employee's annual leave at his/her regular rate of pay, provided that in no case shall a cash -in be allowed to reduce an employee's annual leave balance below 40 hours. 3. If an employee is terminated by the City or leaves employment of the City on any day during the month, or if the employee shall be employed on any day other than as indicated by a full calendar month, the employee shall be entitled to the pro-rata portion of the working days actually earned. All employees shall have the privilege of accumulating annual leave up to and including seven hundred and twenty (720) hours. No annual leave shall accumulate in excess of seven hundred twenty (720) hours. 4. Upon termination from the city, annual leave balance shall be paid in a lump sum together with final salary payment. 5. An employee who resigns may use any available annual leave until it is exhausted except that the Employee must work his or her last day. Any remaining annual leave will be cashed out in a lumpsum with the Employee's final paycheck. B. Leave Requests. 1. An employee must notify the proper supervisor in writing at least one day in advance when not more than two (2) days annual leave is desired. When longer periods of annual leave are desired, at least one (1) week advance notice will be given. Annual leave requested shall be granted the employee if, in the opinion of the City, the employee can be spared at the time requested. Otherwise, such requests shall be granted as soon as the employee can be spared from his or her duties. 13 89 Resolution 2025-072 2. If annual leave is requested due to medical necessity or health considerations the employee must notify the proper supervisor prior to start time. The City may, in its discretion, request a note from a physician or other similar source if such leave is requested for periods in excess of three work days. C. Workforce Limits on Leave. As a general rule, no more than 25% of the work force shall be permitted to be on leave and/or leave without pay at any one time. Granting of annual leave or leave without pay for more than that recognized in the preceding sentence shall be in the sole discretion of the Utility Manager. An example of an exception to the general rule of this subsection may be, in the absence of extraordinary conditions, allowance for two linemen to go hunting in the fall. Where necessary, the City may utilize the provisions of the Collective Bargaining Agreement for the hiring of temporary employees through the IBEW (Sections 3.1 and 2.2). Section 4.3 Leave Without Pay. Upon written request by the employee, leave without pay may be granted if, in the opinion of the City, the employee can be spared; provided, however, that leave without pay shall not be requested or granted until such time as all accrued annual leave has been reduced to 80 hours. Section 4.4 Special Leave Categories. A. Worker's Compensation Leave. An employee injured in the line of duty shall be entitled to workers' compensation pay from the city's insurance carrier without deduction from annual leave balance for up to six weeks. During that six weeks, the city shall pay the difference between what the employee receives from the insurance carrier and the amount the employee would have received working 40 hours at their base wage. Retirement benefits, annual leave accrual, and medical insurance coverage shall continue. 1. After six (6) weeks have expired, the employee may elect to use annual leave or leave without pay. While on annual leave the employee will retain his/her insurance workers' compensation benefits. While on annual leave, retirement benefits, annual leave accrual, and medical insurance coverage shall continue. 14 90 Resolution 2025-072 2. After all annual leave has expired, or if the employee elects not to use annual leave, the employee will receive only insurance workers' compensation benefits and will be considered on leave without pay from the city. While on leave without pay, retirement benefits and annual leave accrual are suspended, but medical insurance coverage continues. This is to be in effect until a doctor's statement is submitted advising that the employee is physically fit and capable to perform his/her job description with or without reasonable accommodations; provided that such leave without pay may not exceed one (1) year. Upon expiration of said year of leave without pay, employee's employment with the City may be terminated by the City and employee waives any rights under any provision of law to challenge said termination. B. Light Duty Option. An employee who is not injured in the course and scope of employment may request light duty rather than taking leave. If, in the Utility Manager's sole discretion, light duty is available, the Utility Manager will make a reasonable effort to grant such request. The employee who has a certificate by a physician, psychiatrist, dentist or other such licensed professional which permits light duty, may be temporarily assigned such light duty. C. Light Duty Defined. "Light duty," as used in this subsection 4.4, refers to other duties as may be temporarily assigned by the Utility Manager which, as directed by the Utility Manager, do not involve or require physical activities which the certificate by a physician, psychiatrist, dentist or other such licensed professional describes as inappropriate to resolving the injury or condition. Section 4.5 Funeral Leave. Each full-time Employee shall be eligible for seven (7) working days of leave for use upon the death of a member of the Employee's immediate family, limited to one time per calendar year. Such leave shall not be deducted from the Employee's PTO account. Leave without pay up to an additional five (5) working days will be granted and may be extended with approval by the city manager. 15 91 Resolution 2025-072 Section 4.6 Definition of "Immediate Family". The definition of "immediate family" is the following: spouse, father, mother, brother, sister, son, daughter, grandfather, and grandmother including adopter, step or foster, and mothers and fathers-in-law. Section 4.7 Benefits While on LWOP. During a leave without pay period under this Article 4, no benefits will accrue or be earned except an entitlement to payment by the City of medical insurance premiums, provided that the City's contribution toward such premiums will not exceed those provided in Section 12.1(c), which will continue to be paid as long as employee is employed by the City. Section 4.8 Application of Law. The provisions of this Article 4 shall be modified by or be interpreted to comply with any conflicting state or federal law. 16 92 Resolution 2025-072 ARTICLE 5 HOURS OF WORK AND COMPENSATIONS Section 5.1 Schedules. A. Regular Work Day. The regular work day is eight (8) hours. The regular work day shall be from 7:00 a.m. to 4:00 p.m. or 8:00 a.m. to 5:00 p.m. if a one -hour lunch period is taken. Alternatively, 7:00 a.m. to 3:30 p.m. or 8:00 a.m. to 4:30 p.m. if a one-half hour lunch period is taken. Any schedule change will be mutually agreed to by the parties. B. Regular Work Week. The regular work week shall consist of five (5) days, Monday through Friday, inclusive. A four (4) day, ten (10) hour work week may be established with mutual consent of the City of Seward Utility Manager and the Bargaining Unit. C. Meal Time Allowance. 1. When employees are reasonably close to their starting location or where a lunch is available, such as a restaurant, at the lunch time the City will allow the use of light City vehicles to travel to and from lunch. 2. Travel time to and from lunch or other meals will be included in employees meal period under 5.1(a) or 5.3. D Generation Operation. Line personnel, after two (2) weeks notice or two consecutive weeks of generation operation, will work scheduled shifts in order to provide around -the -clock coverage of generation operations. Operating personnel will not be scheduled to return to work without having had an eight (8) hour rest interval between periods of duty. If an operating employee has worked sixteen (16) hours or more in a twenty-four (24) hour period, he will be compensated at the appropriate rate for any portion of such eight (8) hour rest period which extends into the employees regularly scheduled work day. The shift schedule may be altered by mutual consent. No employee will be required to lose any working time by reason of a change in jobs or shifts, except in cases of personal convenience or preference. Employees who work on a regularly scheduled operating crew shift 17 93 Resolution 2025-072 commencing at 3:30 p.m. and concluding at 11:30 p.m. shall receive a differential of ten percent (10%) per hour in addition to their straight - time rate. For employees who work on a regularly scheduled operating crew shift commencing at 11:30 p.m. and concluding at 7:30 a.m., a differential of fifteen percent (15%) per hour in addition to the regular straight time rate will be paid. Employees caused to lose days off, including "off -duty" days under the preceding paragraph, because of short notice or shift change will be paid at the overtime rate for hours worked. Section 5.2 Overtime. A. Calculation. Regular schedules are defined in 5.1. All time worked outside of an employee's regularly scheduled shift shall constitute overtime and paid for at double the regular hourly rate with the time calculated to the nearest quarter (1/4) of an hour. B. Minimum Call -Out Period. No employee covered by this Agreement shall be called to work outside the employee's regular shift for less than two (2) hours paid for at the rate of double the regular hourly rate. If an employee is called out after regular work hours and then required to respond again within two hours, the minimum two hours still applies and no additional call -out exists. In the case of an employee being called out, outside regularly scheduled hours, and then called out again after the two hours have expired from the first call time, a second call -out is required. In the situation of a call -out and while on the job a second circumstance occurs, the result will be a continuation of the original call -out. C. Relief/Overlap. An employee required to work between the hours of 10:00 p.m. and 5:00 a.m. shall not report to work the next day following until he has had nine (9) consecutive hours relief; provided, however, that such employee shall be paid at his applicable straight -time rate for that portion of the rest period that overlaps into his regular work day. If, however, the employee is required to work during that overlap 18 94 Resolution 2025-072 period, the employee will be paid double the employee's regular straight time rate for that overlap period. D. Early Call -Out. An employee called to work between the hours of 5:00 a.m. and 7:00 a.m. shall receive double the employee's regular straight time rate. The employee will revert to the employee's straight time rate at 7:00 a.m. on the employee's normal scheduled workday. Missed breakfast will be compensated in compliance with Section 5.3 of this Agreement. Section 5.3 Meals Furnished by City. When an employee is required to work more than two (2) hours in excess of the employee's regularly scheduled shift, or four (4) hours or more after a call -out, then during those periods of work the employee shall be furnished a meal by the City on the City's time at the applicable rate and every four (4) hours, after each meal, until relieved. Eating shall be accomplished as quickly as reasonably possible, not exceeding one (1) hour if returning to work after eating. One-half (1/2) hour shall be permitted, also at the applicable rate, if the employee eats after the employee has finished work. The employee also shall be permitted to elect to take an "in lieu of meal" allowance of Twenty Dollars ($20) and one-half (1/2) hour at the applicable rate. If a call -out has caused a worker to miss breakfast at home, the City will provide this meal and the time to eat it. Entitlement to meal money will be noted on the time card and certified by the appropriate supervisors and will be paid concurrently with the wages for the same day. Section 5.4 Overtime for Holiday Work. When an employee is required to work on a paid holiday listed in Section 4.1 hereof, subject to the conditions therein stated, the employee will be paid the appropriate straight time for the holiday and, in addition, the employee will receive double the appropriate straight time rate for the time worked. 19 95 Resolution 2025-072 Section 5.5 Termination Pay. When an employee is laid off or quits work, the employee shall receive all accrued earnings not later than three (3) working days from the time of termination of employment, except when the day following the termination is a Saturday, Sunday or legal holiday, in which case the employee shall receive accrued earnings on the following work day. Section 5.6 Notice to Union of Employee Termination. No employee shall be terminated or suspended unless written notice is immediately sent to the Union setting out the cause for such termination. Section 5.7 Longevity. Active employees hired before January 1, 2008, shall receive, after one year's service (January 1-December 31), a longevity bonus in the amount of one percent (1 %) of the employee's straight time rate of pay calculated at 2,080 hours. For accounting purposes, and so that the employee shall have an additional check at Christmas time, all longevity bonuses shall be paid once each year on the first pay day of December. Active employees hired after January 1, 2008, shall receive, after two year's service (each year being measured January 1-December 31), a longevity bonus in the amount of one percent (1 %) of the employee's straight time rate of pay calculated at 2,080 hours. For accounting purposes, and so that the employee shall have an additional check at Christmas time, all longevity bonuses shall be paid once each year on the first pay day of December. Section 5.8 Pay for Working in a Higher Job Classification. If an employee is required to work at a classification higher than that in which the employee is normally employed, the employee will be paid at the higher rate normally paid for that higher classification for a period of not less than one hour. 20 96 Resolution 2025-072 Section 5.9 Hot Stick Work. Premium pay for hot -stick work will be allowed to crews while working with such equipment on voltages in excess of 5,000 volts, except that the changing out of dead end insulators or conductors energized at 5,000 volts will be paid at the hot -stick rate. Hot -stick work will not include the opening and closing of switches, the removal and replacement of fuses or the lifting and replacing of hot -taps when hot-line clamps are used. Hot -stick compensation will be fifteen percent (15%) above the applicable hourly rate. Section 5.10 Stand -By Lists. A. Stand -By List. A current stand-by list will be made available to the City. A new list will be presented prior to expiration of the previous list with the names and phone numbers of the two (2) Linemen and one (1) operator covering stand-by for seven (7) days of the week. When a Lineman or Operator finds it necessary to switch the employees assigned stand-by day or days with another employee, the City police dispatcher shall be notified. A Lineman or Operator who has called in sick and taken annual leave for that purpose shall be replaced on the stand-by list and the City notified of the replacement's name. The Foreman and Shop Steward shall determine which two (2) Linemen and one (1) Operator will be on the stand-by list. Each of the two (2) Linemen and one (1) Operator designated on the stand-by list shall receive one (1) hour of overtime pay for each day they are available to respond to call -outs or two (2) hours of overtime pay for each Saturday, Sunday or holiday on which they are available to respond to call -outs. If the number of available Linemen reduces to fewer than four (4) for a continuous period of time exceeding thirty (30) days, or fewer than two (2) Operators for a continuous period of time exceeding fourteen (14) days, above one (1) hour shall be adjusted to two (2) hours of overtime pay for each day they are available to respond to call -outs and the two (2) hours shall be adjusted to three (3) hours of overtime pay for each Saturday, Sunday or holiday on which they are available to respond to call -outs until such time as the number of lineman returns to four (4) or the number of operators returns to two (2). 21 97 Resolution 2025-072 B. Coverage. The list of available employees under this subsection 5.10 shall allow for coverage of emergencies from 7 a.m. Friday to 7 a.m. the following Friday. C. Response by Other Employees. Those employees in town may respond when the stand-by crew needs additional help to maintain or restore power. D. Calls to Listed Crew. If the City is unable to contact a Lineman on the stand-by crew within 15 minutes of the first attempt by radio and/or telephone, another crew member will be called out. Nothing in this section will require the City to pay stand-by pay to any employees other than those listed on the stand-by list provided to the City by the Foreman and Shop Steward. E. Response Time. An employee on stand-by status must respond by appearing at the employee's normal show -up within 45 minutes of the dispatch call. Failure to respond may result in discipline and will result in forfeiture by employee of stand-by pay on that day. Section 5.11 Travel. A. Travel Insurance. The City will maintain insurance coverage which provides that, in the event an employee subject to this Agreement dies from injuries suffered as a result of the employees being required to travel in the scope of the employee's employment at the direction of the City, the total sum of $100,000 will be paid to his beneficiary or beneficiaries as designated by the employee. B. No Flying Roster. An employee subject to this Agreement who does not wish to be assigned to work of the City requiring the employee to travel by aircraft will signify that wish by signing a "No Flying Roster" to be maintained by the City. The employees whose names appear on the "No Flying Roster" will not be assigned to work of the City requiring travel by aircraft. Two flying rosters will be maintained; one fixed wing, the other rotary (helicopters), and any employee will be allowed to change the employee's status once annually. 22 98 Resolution 2025-072 Section 5.12 Layoffs. A. The decision to lay off Employees shall be made solely by the City and shall not reflect discredit upon the services of the Employee. B. Notice Requirements: 1. An Employee shall be given at least thirty (30) calendar days advance notice of a layoff. 2. The Union shall be notified in writing of any proposed layoff concurrently with the Employee. The Union and City agree to discuss alternatives to the proposed layoff prior to the effective date of the layoff and to negotiate the effects of any layoff if so requested by the other party. C. The City shall not lay off an Employee and reclassify their former position with the intention of filling the position with a temporary hire. D. Layoffs may occur for any of the following reasons: 1. reduction in force because of a shortage or reduction of work or funds; 2. the abolition of a position; 3. change in departmental organization; 4. termination of a grant; or 5. any other legitimate business reason not inconsistent with the terms of this Agreement. E. A regular Employee shall be offered a vacant position for which the Employee is qualified in lieu of layoff. The Employee will be subject to the same qualifications review as any new Employee to determine an appropriate wage. 23 99 Resolution 2025-072 F. A regular Employee retains the right to be recalled to a vacant position in the same or similar job class, in the same or different department that the Employee previously was regularly employed, for one (1) year after the layoff so long as the Employee has indicated that the Employee is qualified and interested and available to return to work. G. Regular or probationary Employees shall not be laid off while casual/temporary Employees are in a position in the same department for which the regular or probationary Employees meet the minimum qualifications. Section 5.13 Dismissal Notice or Severance Pay. In the case where a regular Employee who has completed a probationary period is laid off, the City shall give the Employee forty-five (45) days' notice, or forty-five (45) days of severance pay. Section 5.14 Separation Paperwork. On or before the Employee's last day of work, the Employee shall complete all separation paperwork and return all City property as required by the City. 24 100 Resolution 2025-072 ARTICLE 6 APPRENTICE LINEMEN Section 6.1 Apprentices. An apprentice is an employee who has been properly indentured by the Alaska Joint Electrical Apprenticeship Trust. All apprenticeship training will conform to the Alaska Electrical Industry Apprenticeship Standards, as formulated by the Anchorage Electrical Joint Apprenticeship Committee in cooperation with the Bureau of Apprenticeship and Training, United States Department of Labor. In recognition of the nature of such apprenticeship employment, the City agrees that wages and benefits, ratios and other working conditions described in the IBEW/NECA Outside Construction Agreement apprenticeship sections shall apply. 25 101 Resolution 2025-072 ARTICLE 7 SAFETY Section 7.1 Safety Codes. All electrical work shall be executed in a safe and proper manner, consistent with the requirements of the State of Alaska Electrical Safety Code and the National Electrical Safety Code. A copy of the National Electrical Code and the National Electrical Safety Code shall be available at least in the Utility's administrative offices. Section 7.2 Safety Devices. The City shall furnish such safety devices (other than clothing) and first aid kits as may be needed and requested for the safety and proper emergency medical treatment of the employees. All rubber gloves, coats, hats, boots and all other necessary rubber equipment for the protection of men working on live equipment shall be used by the employees at all appropriate times. One AED will be provided per crew doing electrical work. Section 7.3 Testing of Safety Gear. The Line Foreman shall, as a safety measure, see that all protective devices for handling high voltages are kept clean and in good condition. Rubber gloves shall be subjected to tests every month, and an air test before each use, and shall be kept clean, dusted with talcum powder and carried in a suitable bag provided for that purpose only. Hand lines and tackle shall be kept in good repair. Section 7.4 Pulling Conductors. A. Wire Reel Work. Workmen watching wire reels where conductors are pulled in on the same line of poles or where they may come in contact with any other conductors carrying 600 volts or greater shall be journeymen and there shall be grounded metal sheave block between the reel and the first line support. 26 102 Resolution 2025-072 B. Energized Circuits. On all energized circuits of 600 volts or greater, as a safety measure, two journeymen, must work together or a journeyman and a "hot" apprentice. Section 7.5 Work Inside Energized Substations. Except for operation and maintenance of the generator engines and the exceptions otherwise contained in this agreement, all work performed inside energized substations and switchyards shall be done by journeyman linemen or qualified employees. Nothing herein precludes Management personnel from being in substations or switchyards. Work that needs to be done in substations and switchyards that requires carpenters or other crafts shall have a journeyman lineman or other qualified employee present at all times while such work is being performed unless the work site can be separated from exposed energized conductors exceeding 600 volts by a physical barrier. Such barriers may be a temporary fence or the containment of the work within a building. Section 7.6 Safety Concerns. A. Employee to Determine if it is Safe to Work. The lineman himself shall be the judge as to whether or not extreme weather or other abnormal conditions are suitable for the performance of dangerous or hazardous work when working any voltage. B. Rubber Required for Certain Work. Rubber shall be required when a lineman is working around and between conductors on all voltages and rubber shall be applied with rubber gloves up to and including 5,000 volts between phases. C. Hot Stick Work. All grounded circuits in excess of 5,000 volts shall be worked using hot sticks. D. Work Requiring Rubber Gloves. Voltages of 5,000 volts or less may be worked with rubber gloves. 27 103 Resolution 2025-072 Section 7.7 Safety Meetings and Training. A. Monthly Safety Meeting. The Power Operations Supervisor or General Manager will coordinate a one (1) hour safety and job -training program on the first Friday of each month and will provide the shop steward with a copy of the minutes of those meetings. Topics will be provided to the shop steward as they are scheduled. B. Annual CPR and Pole -Top Training. Each year, the City will schedule during normal working hours a First Aid and CPR training course, as required by the State Department of Occupational Safety and Health, and a minimum of four (4) hours of pole -top training, and employees shall attend and be capable of performing such operations. 28 104 Resolution 2025-072 ARTICLE 8 DISCIPLINE Section 8.1 Use of City Materials and Equipment. Employees shall not use the City's time or material for other purposes than those authorized, nor shall they be careless or abusive of materials and equipment. Section 8.2 Employee Cooperation. Full cooperation from all employees shall be expected, except that no employee shall be expected to do work or assume responsibility for which another employee receives a higher wage rate, unless he is paid the higher wage rate. Section 8.3 Failure to Comply with Working Rules. Failure of an employee to comply with written working rules and safety practices and regulations shall be considered insubordination. Such rules and regulations shall be accessible to all employees concerned. Section 8.4 Employee Conduct. A. Professional Conduct. All employees shall be required to carry out their duties in a courteous and businesslike manner, particularly where the public is concerned. B. Substance Abuse. No employee shall be considered competent if found under the influence of alcohol or drugs while on duty, or on stand-by status, or who fails to report for work because of over- indulgence in alcohol or drugs. Management may require that an employee submit to drug testing if a management representative has reasonable grounds to suspect than an employee is under the influence of or using drugs, the use of which is illegal or unsafe under the circumstances, while on the job. 29 105 Resolution 2025-072 The management representative must have received training in the signs of drug and alcohol intoxication in a training program endorsed or conducted by the City, except that training is not a prerequisite in situations where the employee's drug or alcohol use or impairment would be obvious to a person of ordinary intelligence and perception. An employee suspected of using or being under the influence of controlled substances or alcohol will be suspended (with pay for the first 10 working days) pending Employer's receipt of the test results from the laboratory. It will be the responsibility of the employee to notify the laboratory of any prescription or non-prescription medication the employee is taking. Employees will be allowed to utilize their annual leave or leave with out pay, once in any three year period, to pursue an appropriate program of treatment, subject to any other limitations under this Agreement on time allowed for leave. Section 8.5 Falsification of Records. An employee found to have knowingly falsified employment, time, operating or maintenance records or any other records required to be kept by the employee shall be subject to discipline up to and including dismissal from employment. Section 8.6 Class "A" Commercial Drivers License Required. The possession of a valid Class "A" Commercial Drivers License shall be a condition of employment, and the loss of such license shall be grounds for termination. If, in the opinion of the Utility Manager, reasonable accommodation can be made, an employee who loses his Class "A" Commercial Drivers License shall retain his employment status with the City. This section does not apply to the Field Engineer classification. 30 106 Resolution 2025-072 ARTICLE 9 GRIEVANCE PROCEDURES Section 9.1 Policy on Grievances. The parties hereto recognize that the prompt and equitable settlement of grievances is essential to the maintenance of sound labor relations. The parties further recognize that such grievances are usually more satisfactorily and expeditiously settled by discussion with the City's Utility Manager. Every reasonable effort will be made by the Shop Steward, in cooperation with the Utility Manager, to correct violations and infractions of this Agreement. The Shop Steward, upon request to the Utility Manager, shall be given a reasonable amount of time during working hours, and without loss of pay, to handle grievances at Steps One, Two and Three pertaining to his area of responsibility. During outages and other emergencies, the Shop Steward will be required to give priority attention to the City's business in the Article IX; "Utility Manager" means as appropriate the Utility Manager or the Utility Manager's designated representative. Section 9.2 Grievances. A grievance is hereby defined as an alleged violation of the terms of this Agreement. Any employee or group of employees may file a grievance for an alleged violation by the City of the terms of this Agreement. The City may file a grievance for an alleged violation by the Union of the terms of this Agreement. Being an alleged violation, it shall be a practice of work first, grieve later. Section 9.3 Grievance Procedure. A grievance shall proceed according to the following steps to seek a satisfactory settlement of the grievance. The grievance time schedule will begin when the applicable grievant or representative becomes aware or reasonably should have become aware of the alleged violation. To provide the best opportunity for the grievance to be solved at the lowest level, none of the following steps shall be omitted, except that a grievance by the City shall commence at step two. 31 107 Resolution 2025-072 Step One: The employee and shop steward shall discuss the grievance with the Utility Manager. If the employee, shop steward, and Utility Manager fail to agree on the matter, Step Two will be followed. Step Two: The shop steward on behalf of employee grievant' or the City if it is a grievant shall state the grievance in writing. The statement will include the following: A. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence. B. The remedy or correction the respondent is requested to make. C. The section or sections of the Agreement relied upon, or alleged to have been violated. D. The signature of the grievant and the shop steward or union representative and/or Utility Manager or his representative. E. The date the statement of the grievance was prepared. F. The written statement of an employee grievance shall be turned over to the Union's Business Manager or representative to be presented to the Employer's designated representative within fifteen (15) calendar days of the occurrence; the City's written statement of a City grievance shall be turned over to the Union's Business Manager or representative within fifteen (15) calendar days of the occurrence. Step Three: The Union and the Utility Manager will have fifteen (15) calendar days to discuss the grievance, hold meetings, and try to come to a mutually agreeable settlement. Within fifteen (15) calendar days after the aforementioned discussion period, the respondent party will provide written statement of that party's position on the grievance to the grieving party. The Utility manager or the Union will have ten (10) working days to respond to information requests from the other party, unless an extension is mutually agreed upon; provided that response time for information request will not affect other time requirements in Step Three. 32 108 Resolution 2025-072 Step Four: If the grievance is not resolved at Step Three, either party may submit the matter to arbitration within seven (7) calendar days from the date either party receives the other's written step three statement. Section 9.4 Arbitration. A. Selection. If a request for arbitration is tendered, the Union and the Utility Manager shall, within five (5) calendar days, meet to agree on a mutually acceptable Alaska arbitrator. If no agreement can be reached, the grieving party shall within thirty (30) calendar days thereafter request a list of ten (10) arbitrators from Alaska from the American Arbitration Association. The arbitrator shall be selected within five (5) calendar days after receipt of the American Arbitration Association list by the striking method from that list. The parties shall utilize a coin toss to determine the order of striking and then alternate in striking names from the list of arbitrators until one arbitrator remains who shall be the arbitrator for the dispute. The grieving party shall notify that arbitrator of appointment within five (5) calendar days of selection. The parties shall endeavor to hold the arbitration within ninety (90) days following the notice of appointment to the arbitrator unless otherwise agreed by the parties and the arbitrator. The party losing the decision shall bear the total expense of the arbitrator; however, each party will pay the wages, salaries, fees, and expenses of its designated witnesses. B. Authority of the Arbitrator. The arbitrator shall conduct a hearing according to the American Arbitration Association Standards and Procedures for Arbitration. The arbitrator shall have no authority to add to, alter, delete or modify this Agreement. The decision of the arbitrator shall be final and binding on all parties. C. Time Limits. Failure of either party to act within the time schedule set forth in this procedure without the express written agreement of the other party will be considered a default and the grievance shall be considered to be settled in favor of the non -defaulting party. The parties may mutually agree in writing to modify the time limits of any step of the grievance procedure. The mailing of the grievance appeal or answer shall constitute a timely appeal or response if postmarked within the appeal period. 33 109 Resolution 2025-072 ARTICLE 10 WORKING RULES Section 10.1 Foreman/Leadman. A. Line Foreman. A Line Foreman is a working journeyman who has been a journeyman for at least three (3) years in the branch of the trade in which the employee is directing one crew. If the employee directs more than eight (8) other employees, the employee will not work except in emergencies which threaten life or property, except for incidental assistance which does not distract from the employees primary function. When any work is being done on or within the reach of a primary voltage, the Foreman's primary function is to be in a position to observe the work being done and give advice in regard to safety. B. Leadman. A Leadman is a working journeyman Lineman or Operator who has been a journeyman for at least three (3) years in the branch of the trade in which the employee is directing at least one other journeyman but not more than three (3) other employees. Section 10.2 Crew Size for Framing/Erecting Poles. Framing poles, boring and fitting arms, making of guys and setting anchors shall be done by qualified employees. Any crew erecting poles shall consist of at least one journeyman in addition to the Foreman, except, in the primary area, the majority being linemen, including the Foreman. Section 10.3 Tools and Clothing Allowance. Wiremen shall furnish their own pocket tools. NECA employees will provide their own tools. The City shall annually furnish each regular employee who is a journeymen lineman with all other hand tools including two (2) pairs of leather gloves; provided that commencing January 1, 2008, regular employees who are journeymen linemen will be provided hand tools on a replacement basis, which will be only if broken or lost in a manner not caused by the negligence of that employee. The City will continue to provide all employees with 2 pairs of gloves annually. 34 110 Resolution 2025-072 Fire Retardant (FR) clothing will be provided with an initial allowance of $2000 and an annual allowance of $850 to be used with the City's approved vendor. These limits may be exceeded upon specific approval of the Utility Manager. At no time will the Employer refuse to replace clothing damaged at work that is no longer serviceable. In addition, the City will provide each employee a set of Fire Retardant raingear (pants and jacket) every three years. January 1st of every year thereafter, an FR upkeep allowance of $850 will be given. NECA temporary employees will be provided up to $500 for Fire Retardant clothing on a prorated basis. Section 10.4 Premium Pay for High Work. All work sixty-five (65) feet above ground level shall be paid at the overtime rate while working such height. Section 10.5 Employee Meals While Operating the Generator. Employees operating the generation plant may eat their meal on working time, but at a time so as not to interfere with efficient operation of the generation plant. Missed meals will be paid at $20.00 and one-half (1/2) hour at the applicable rate. Section 10.6 Generation Plant Operation. Any time the City is operating its own generation plant; two (2) qualified persons will operate the plant. Such persons, if not employees under the Agreement, will be paid the rate for operator and mechanic specified in Article XIII. So long as the generation plant switch gear remains substantially in the form on the date of this Agreement, at least two qualified persons will be so employed; at such time as the generation plant switchgear is modified in a fashion requiring fewer than two qualified persons, the City may in its discretion assign fewer than two qualified persons to operate the generation plant. 35 111 Resolution 2025-072 Section 10.7 Low Voltage Switching. One journeyman lineman or Operator may perform low voltage switching such as opening and closing power circuit breakers, setting reclosers on next trip lock -out or ground trip switches, or setting load tap changers to manual or automatic, provided the lineman has two-way communications with the city dispatcher or line crew foreman. Section 10.8 Connects/Disconnects, Locates and Routine Switching. One journeyman lineman shall perform the work and may work as a one- man crew when executing connects and disconnects (meter installation, removal and booting) locates, inspections, routine switching of circuits (sec. 10.7), line patrol and emergency repair to the extent necessary to safeguard the general public. One qualified bargaining unit Employee may perform meter installation and removal of 120/240 single phase meters during normal working hours. 36 112 Resolution 2025-072 ARTICLE 11 MISCELLANEOUS Section 11.1 Notice of Compensation of Injured Employees. The details of any provisions made by the City for the compensation of injured employees shall be furnished to the Union and shall also be kept posted in a place accessible to all employees covered by this Agreement. Section 11.2 Miscellaneous Leave/PAC Contribution. A. Jury Duty Leave. An employee who is called for and performs jury duty will be compensated by the City for the difference between payment received for such jury duty (excluding travel and subsistence allowances) and the payment the employee would have received for the straight time hours the employee was thereby required to lose from the employee's regular work schedule, but not to exceed five (5) eight hour days per week, computed at the employees established hourly wage rate. Differential payment shall continue so long as such jury duty continues and upon documentary proof of jury duty and the payment received therefore. Continuous service, annual leave and duly established seniority privileges will accumulate during such leave. B. Voting Leave. Voting time off will be given in accordance with the City's Personnel Code, as amended from time to time. C. Political Action Fund Contribution. With voluntary authorization by an employee on a form supplied by the Union, the City agrees to deduct $0.07 per hour from the employee's wages to be submitted to the IBEW Local Union 1547 for its Political Action Fund. This money will be sent in monthly with the dues and shall be made by the fifteenth (15th) of the month following which the deduction was made. 37 113 Resolution 2025-072 Section 11.3 Hazards. A. Inclement Weather. Employees who report for work on a scheduled work day and who, because of inclement weather or comparable reasons, are unable to discharge the usual duties assigned to them by management, will be paid for such day at the applicable rate; provided, however, that such employees may be assigned to other work within or below their job classification or participate in training and instruction pertinent to their employment, including first aid, safety and hot -stick work. B. Hazardous Materials. Employees required to work with hazardous material shall be supplied with all necessary protective equipment. Section 11.4 Linemen's Room and Lockers. The City shall furnish a linemen's room with lockers for clothes, tools, etc., and facilities for drying clothing and equipment. Section 11.5 Delegation of Authority. Delegation of authority shall be from an appropriate City representative to a foreman or leadman who, in turn, will instruct journeymen, operators, apprentices or other employees as assigned. 38 114 Resolution 2025-072 ARTICLE 12 WAGES AND BENEFITS Section 12.1 Trust Fund Contributions. A. Pension Fund. 1. The City agrees to participate in, and contribute to, the Alaska Electrical Pension Fund (AEPF), and Alaska Electrical Workers Retirement Savings Plan (AEWRSP) trust funds which were established pursuant to: 1) an agreement between the Union and the Alaska Chapter of the National Electrical Contractors Association, Inc.; and 2) that certain declaration of trust entered into by the aforesaid parties for the purpose of providing pension benefits for those persons covered by said agreement. 2. Effective July 1, 2022, and subject to the maximum amount set forth below, the City will pay into the AEPF the sum of Nine Dollars and Thirty -Three Cents ($9.33) for each compensable hour earned in a month by an employee in a job classification listed in Article XIII herein. Effective July 1, 2023, said rate shall increase to Nine Dollars and Seventy Cents ($9.70). Effective July 1, 2024, said rate shall increase to Ten Dollars and Seven Cents ($10.07). The City will pay into the AEWRSP the sum of Two Hundred Twenty-five Dollars ($225.00) per month for those employees in job classifications listed in Article XIII herein. 3. The foregoing payments to the Fund, made by the City, will entitle said covered employees of the City to pension payments under such terms and conditions that may be lawfully provided for by the administration and management of said funds. The City's liability shall be limited to making the foregoing payments. 39 115 Resolution 2025-072 4. All payments due under this Section 12.1 are payable to said fund on or before the 15th day of the month following the month in which said compensable hours were earned by the City's said employees. If an employee is terminated by the City or leaves employment of the City on any day during the month, or if the employee shall be employed on any day other than as indicated by a full calendar month, the employee shall be entitled to the pro-rata portion of the working days actually earned, all payments due hereunder. 5. "Compensable hour" as used in this Section 12.1 shall mean only straight -time or overtime hours actually worked, standby time measured in hours, and annual leave taken; for clarification, compensable hour does not include other categories of time including but not limited to, leave without pay time, workers' compensation time or meal allowance time. B. Health Insurance and Alaska Electrical Workers Retirement Savings Plan. The City agrees to participate in and contribute to the Alaska Electrical Health and Welfare Trust Fund and, depending upon the Health and Welfare Flex Plan (Seward Plans 500-505) selected by an employee, to the AEWRSP of the Alaska Electrical Workers Pension Fund for the purpose of providing selected benefits to the employees covered by this agreement. The City will contribute $2,202.00 per month, per employee to the Trust Funds. Any contribution required of employees to pay for health benefit premiums not covered by the amounts paid by the City under this subsection 12.1(b) may be withheld from employee paychecks and forwarded to the Trust Fund, provided that clear and uncontested notice of such amounts is provided to the City by the Trust. The City will cover up to a 5% increase in the premium, each year. Any increase above 5% will be paid by the employee. C. IBEW Hardship and Benevolent Fund (IHBF). The City shall, beginning with the first administratively practicable pay period following notification by IBEW that a majority of bargaining unit employees elect to participate in the IHBF, deduct from members' net pay five cents ($.05) per compensable hour worked by all bargaining unit employees. These voluntary deductions will be transmitted in accordance with mutually established payroll procedures to the designated Trustee. 40 116 Resolution 2025-072 Effective upon notification from the IBEW of favorable IRS determination, the deduction will be converted to a pre-tax deduction. This modification will be effective the first administratively practicable pay period following receipt of a copy of the IRS determination letter. The Union agrees that the City assumes no responsibility in connection with this deduction, except that of ordinary diligence and care in forwarding monies deducted as set forth in this article. The Union shall indemnify the City and save the City harmless from any and all claims against the City only for amounts deducted from earnings pursuant to this Agreement. Section 12.2 Wage Rate. The base wage rate for purposes of calculating the wages of employees covered by this Agreement shall be $49.15 per hour for the term of this Agreement. Individuals covered under the terms of this agreement shall not be entitled to receive any across-the-board pay increases granted by the City Council to all other regular City employees. Effective July 1, 2022, all journeyman linemen shall receive an increase of the current base rate of pay to Fifty -One Dollars and Forty -Five Cents ($51.45). Effective July 1, 2023, all journeyman linemen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all -urban consumers for Anchorage measured from January 1, 2022 through December 31, 2022, with a minimum of by 1 % and a maximum of 4%. Effective July 1, 2024, all journeyman linemen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all -urban consumers for Anchorage measured from January 1, 2023 through December 31, 2023, with a minimum of by 1 % and a maximum of 4%. Section 12.3 Operator and Mechanic. Operator and Mechanic is a position which will perform duties including those set forth in Appendix A. The pay rate will be 90% of the base wage rate 41 117 Resolution 2025-072 prescribed in section 12.2. Upon completion of six (6) months wage increase to 95%, upon completion of nine (9) months wage will increase to 100%. This position will be entitled to benefits and rights, including rights related to resolution of any grievances, solely as provided in this Agreement; provided however that while the benefits and rights of this Agreement are intended to replace benefits and rights under the City Code, such benefits and rights under this Agreement shall not reduce or be less than any benefits and rights accrued through prior employment with the City. For purposes of clarity, the position will be covered under the pension plans of this Agreement and, upon eligibility for such coverage; any person in this position will take all steps and agree that all steps may be taken to terminate that person's status as an active member of the Public Employees Retirement System. Assignment of the duties to this position, including the decision to assign or apportion work for Utility purposes or for non -Utility purposes, shall be in the sole discretion of management, subject to such delegations of authority as management may determine appropriate from time to time. Section 12.4 Movement of Monies. The bargaining unit shall be allowed to redirect all or a portion of future wage increases in the Alaska Electrical Pension Fund (AEPF). Any such movement of monies must be uniformly applied to all bargaining unit members. The movement will require ratification by a majority of the bargaining unit in a vote by secret ballot. The Union will give the Employer thirty (30) days' notice prior to the effective date of the wage increase. Any movement of monies under this Section shall be subject to any restrictions or other provisions of State or Federal law. Section 12.5 Field Engineer. A. The Field Engineer classification shall not be required to posses a commercial driver's license required under Article 8.6. B. All overtime paid to employees in the Field Engineer classification shall be at a rate of one and one-half the straight time rate of pay. C. Newly hired members in the Field Engineer classification will receive these IBEW benefits under Article 12 Wages and Benefits. 42 118 Resolution 2025-072 ARTICLE 13 JOB CLASSIFICATIONS This Article shall cover all classifications of employees covered by this Agreement. The wage rate for the classifications of employees covered by this Agreement shall be as follows: Percent of Journeyman Lineman or Wireman Base wage rate 07/01/2022 $51.45 per hour The effective wage rate (the regular or straight time hourly rate) for classifications shall be a percentage of the base wage rate as follows: Journeyman Lineman or Wireman 100% of base wage rate Line Foreman 112% of base wage rate Leadman 105% of base wage rate Field Engineer 85% of base wage rate Power Plant Operator/Mechanic 100% of base wage rate Apprentices (See Section 6.1 of this Agreement) If employees are needed for work not listed in the classifications under this Article but for work included in the bargaining unit, they shall be paid at a negotiated rate that relates in importance to one of the classifications herein provided. 43 119 Resolution 2025-072 City of Seward SIGNATURE PAGE International Brotherhood of Electrical Workers, Local Union 1547 r /kAIAA (Az Jane Bower. City anager Date: P" y-ZOZZ Rob Montgo Manager Encgineering & Utilities Dafe: Patrick Munson, City Attorney Date: -41;22 44 Marcie Obremski Business Manages �0 V2 Date: Dusty efee, Business Repre ent tive Date: eX/f/.20a,7 on Ebberson, egotiating Team Member Date: 1s Unrein, Team Member ember Date: , 3 - zL 120 Resolution 2025-072 Letter of Understanding By and Between The City of Seward and International Brotherhood of Electrical Workers, Local 1547 RE: Section 3.8 Contracting and Subcontracting City of Seward (Employer) and the International Brotherhood of Electrical Workers, Local 1547 (IBEW) are parties to a Collective Bargaining Agreement (CBA) effective July 1, 2022, through June 30, 2025. The union agrees that any contractor hired for tree clearing of the transmission system will be paid prevailing wage as set by the State of Alaska in Pamphlet 600 and excluded from the requirements in Section 3.8 for the above - mentioned contract term only. This agreement will not have any effect on existing agreements between the employer and current signatory contractors. This letter of understanding will only be effective until June 30, 2025, unless extended by mutual agreement of the parties. Agreed to this 7-114' day of April 2022: For the Employer: Bv: For the Union: By: �✓ a7 -O?o ette Bower D M fee y Manager Business Representative City of Seward IBEW Local 1547 45 121 Resolution 2025-072 INDEX Access to City Property by Union Representative 9 Annual CPR and Pole -Top Training 28 Annual Leave Accrual Rate 12 Application of Law 16 APPOINTMENT AND TENURE 6 APPRENTICE LINEMEN 25 Apprentices 25 Arbitration 33 ARTICLE 1 2 ARTICLE 10 34 ARTICLE 11 37 ARTICLE 12 39 ARTICLE 13 43 ARTICLE 2 4 ARTICLE 3 6 ARTICLE 4 11 ARTICLE 5 17 ARTICLE 6 25 ARTICLE 7 26 ARTICLE 8 29 ARTICLE 9 31 Authority of the Arbitrator 33 Bargaining Unit Defined 4 Benefits While on LWOP 16 Binding Agreement 3 Calculation 18 Calls to Listed Crew 22 Casual Employee 7 Changes to Safety Working Rules 8 City Rights and Limitations 10 CITY UNION RELATIONS 4 City -Prescribed Working Rules 8 Class "A" Commercial Drivers License Required 30 Clearing Exception 10 Connects/Disconnects, Locates and Routine Switching 36 Contracting and Subcontracting 10 Coverage 22 Crew Size for Framing/Erecting Poles 34 46 122 Resolution 2025-072 Cut Branch Disposal Employee 8 Definition of "Immediate Family" 16 Delegation of Authority 38 DISCIPLINE 29 Dismissal Notice or Severance Pay 24 Dispatching New Employees 4 Early Call -Out 19 Employee Conduct 29 Employee Cooperation 29 Employee Meals While Operating the Generator 35 Employee to Determine if it is Safe to Work 27 Energized Circuits 27 Failure to Comply with Working Rules 29 Falsification of Records 30 Field Engineer 42 Foreman/Leadman 34 Funeral Leave 15 Generation Operation 17 Generation Plant Operation 35 Grievance Procedure 31 GRIEVANCE PROCEDURES 31 Grievances 31 Hazardous Materials 38 Hazards 38 Health Insurance and Money Purchase Plan 40 Holiday During Annual Leave 11 Holiday Falling Between Two Days of Leave Without Pay 11 Holidays 11 Holidays Falling on a Saturday or Sunday 11 Hot Stick Work 21, 27 HOURS OF WORK AND COMPENSATIONS 17 IBEW Hardship and Benevolent Fund (IHBF) 40 Inclement Weather 38 INDEX 46 JOB CLASSIFICATIONS 43 Job Classifications and Descriptions 9 Jury Duty Leave 37 Layoffs 23 Leadman 34 LEAVE AND HOLIDAYS 11 47 123 Resolution 2025-072 Leave of absence for Union Officers 5 Leave Requests 13 Leave Without Pay 14 Letter of Understanding 45 Light Duty Defined 15 Light Duty Option 15 Line Foreman 34 Linemen's Room and Lockers 38 Loaning Union Members to Other Employers 9 Longevity 20 Low Voltage Switching 36 Management Rights 3 Meal Time Allowance 17 Meals Furnished by City 19 Minimum Call -Out Period 18 MISCELLANEOUS 37 Miscellaneous Leave/PAC Contribution 37 Monthly Safety Meeting 28 Movement of Monies 42 No Flying Roster 22 No Strike Provision 2 Notice of Compensation of Injured Employees 37 Notice to Union of Employee Termination 20 Notices 10 Operator and Mechanic 41 Overtime 18 Overtime for Holiday Work 19 Paid Leave 12 Pay for Working in a Higher Job Classification 20 Pension Fund 39 Policy on Grievances 31 Political Action Fund Contribution 37 Posting and Rules 8 Posting of Notices 8 Premium Pay for High Work 35 Probationary Employees 6 Professional Conduct 29 Pulling Conductors 26 Recognized City Holidays 11 Regular Employee 7 48 124 Resolution 2025-072 Regular Work Day 17 Regular Work Week 17 Relief/Overlap 18 Response by Other Employees 22 Response Time 22 Rubber Required for Certain Work 27 SAFETY 26 Safety Codes 26 Safety Concerns 27 Safety Devices 26 Safety Meetings and Training 28 Schedules 17 SCOPE AND DURATION OF AGREEMENT 2 Selection 33 Separation Paperwork 24 Shop Steward 8 SIGNATURE PAGE 44 Special Leave Categories 14 Stand -By List 21 Stand -By Lists 21 Step Four 33 Step One 32 Step Three 32 Step Two 32 Substance Abuse 29 Temporary Employees 6 Term of Agreement 2 Termination Pay 20 Testing of Safety Gear 26 Time Limits 33 Tools and Clothing Allowance 34 Travel 22 Travel Insurance 22 Trust Fund Contributions 39 Union Examination of Non -Union Employees 5 Union Relationship 5 Union Rights to Discipline its Members 9 Use of City Materials and Equipment 29 Voting Leave 37 Wage Rate 41 49 125 Resolution 2025-072 WAGES AND BENEFITS 39 Wire Reel Work 26 Work Inside Energized Substations 27 Work Requiring Rubber Gloves 27 Worker's Compensation Leave 14 Workforce Limits on Leave 14 WORKING RULES 34 50 126 Resolution 2025-072 IBEW Proposal: 1.1 proposal 1 Date & Time: 6/19/25 Section 1.1 Term of Agreement. This Agreement will remain in full force and effect from July 1, 2022 until June 30, 2025' and thereafter year to year; provided, however, that either party may give the other party written notice of its desire to terminate the Agreement or to effect changes therein. Such written notice will specify the reasons for the termination or a description of the changes desired, as the case may be, and will be served upon the other party not less than sixty (60) days prior to the end of the initial period of this Agreement or any annual extension thereof. The parties will meet to negotiate on such termination, modifications or amendments within thirty (30) days from the receipt of such notice, except that such meeting may be delayed by mutual consent. The parties agree that, while negotiating a new agreement, all provisions of this Agreement will remain in full force and effect until a new agreement is ratified or impasse is reached. Nothing herein will preclude the termination, modification or amendment of this Agreement at any time by written mutual consent of the parties. TA'd IBEW '" ' Date/Time: 7/3 iQ .06,¢►t cos Date/Time: 7-3-25 3;17p 127 Resolution 2025-072 IBEW Proposal: 5.10 proposal 1 Date & Time: 5/29/25 Section 5.10 Stand -By Lists. A. Stand -By List. A current stand-by list will be made available to the City. A new list will be presented prior to expiration of the previous list with the names and phone numbers of the two (2) Linemen and one (1) operator covering stand-by for seven (7) days of the week. When a Lineman or Operator finds it necessary to switch the employees assigned stand-by day or days with another employee, the City police dispatcher shall be notified. A Lineman or Operator who has called in sick and taken annual leave for that purpose shall be replaced on the stand-by list and the City notified of the replacement's name. The Foreman and Shop Steward shall determine which two (2) Linemen and one (1) Operator will be on the stand-by list. Each of the two (2) Linemen and one (1) Operator designated on the stand-by list shall receive one two (1-2) hours of overtime pay for each day they are available to respond to call -outs or twe-lhiE. (23) hours of overtime pay for each Saturday, Sunday or holiday on which they are available to respond to call -outs. f-the � u mber of ov ilable emTren reduces to fewer than four (1) fewer than ttih —Op"�t-o-r-sfor a continuos s,—poriod of time exceeding fourteen (14) days, above one (1) hour chatl--be oval eto respond to call_oi etc and the ttia !'3% shhaIcaH be adjusted to three (3) hours of overtime pay for each Saturday, outs until such time as the number of lineman returns to four (1) o he number of operators returns to two (2). TA'd IBEW /4 Date/Time: 7/3 I6:00 44i1 cos ,57/ Date/Time: 7-3-2025 3:20p 128 Resolution 2025-072 IBEW Proposal: 10.3 proposal 1 Date & Time: 6/19/25 Section 10.3 Tools and Clothing Allowance. Wiremen shall furnish their own pocket tools. NECA employees will provide their own tools. The City shall annually furnish each regular employee who is a journeymen lineman with all other hand tools including two (2) pairs of leather gloves; provided that commencing January 1, 2008, regular employees who are journeymen linemen will be provided hand tools on a replacement basis, which will be only if broken or lost in a manner not caused by the negligence of that employee. The City will continue to provide all employees with 2 pairs of gloves annually. Fire Retardant (FR) clothing will be provided with an initial allowance of $2000 and an annual allowance of $850r00 to be used with the City's approved vendor. These limits may be exceeded upon specific approval of the Utility Manager. At no time will the Employer refuse to replace clothing damaged at work that is no longer serviceable. In addition, the City will provide each employee a set of Fire Retardant raingear (pants and jacket) every three years. January 1st of every year thereafter, an FR upkeep allowance of $85012( will be given. NECA temporary employees will be provided up to $500 for Fire Retardant clothing on a prorated basis. TA'd IBEW . f1' COS Date/Time: 74 t " oco 4 Date1Ti me: �Z-3-2025 3.22p 129 Resolution 2025-072 IBEW Proposal: 12.1 proposal 1 Date & Time: 5/29/25 Section 12.1 Trust Fund Contributions. A. Pension Fund. TA'd IBEW 1. The City agrees to participate in, and contribute to, the Alaska Electrical Pension Fund (AEPF), and Alaska Electrical Workers Retirement Savings Plan (AEWRSP) trust funds which were established pursuant to: 1) an agreement between the Union and the Alaska Chapter of the National Electrical Contractors Association, Inc.; and 2) that certain declaration of trust entered into by the aforesaid parties for the purpose of providing pension benefits for those persons covered by said agreement. a —Effective July 1, 20225, and subject to the maximum amount set forth below, the City will pay into the AEPF the sum of Vie -eleven Dollars and Thirty Three fifty-seven Cents ($9.3311.57) for each compensable hour earned in a month by an employee in a job classification listed in Article XIII herein. Effective July 1, 20236, said rate shall increase to Nine thirteen Dollars and Seventyseven Cents ($9.7013.07). Effective July 1, 20247, said rate shall increase to Ten fourteen Dollars and Seven Cents ($104.07). Effective July 1, 2028, said rate shall increase to fourteen dollars and fifty seven cents ($14.57). The City will pay into the AEWRSP the sum of Two Hundred Sixtyty-five Dollars ($2625.00) per month those employees in job classifications listed in Article XIII herein. 3-2. The foregoing payments to the Fund, made by the City, will entitle said covered employees of the City to pension payments under such terms and conditions that may be lawfully provided for by the administration and COS Date/Time: Date/Time: 130 Resolution 2025-072 IBEW Proposal: 12.1 proposal 1 Date & Time: 5/29/25 management of said funds. The City's liability shall be limited to making the foregoing payments. TA'd IBEW 4.3. All payments due under this Section 12.1 are payable to said fund on or before the 15th day of the month following the month in which said compensable hours were earned by the City's said employees. If an employee is terminated by the City or leaves employment of the City on any day during the month, or if the employee shall be employed on any day other than as indicated by a full calendar month, the employee shall be entitled to the pro- rata portion of the working days actually earned, all payments due hereunder. "Compensable hour" as used in this Section 12.1 shall mean only straight -time or overtime hours actually worked, standby time measured in hours, and annual leave taken; for clarification, compensable hour does not include other categories of time including but not limited to, leave without pay time, workers' compensation time or meal allowance time. Date/Time: 7/17/25 gtt COS911(JVI 18,202512:35.DT) Date/Time: Jul 18, 2025 131 Resolution 2025 )7 12.1 Pension proposal 2 PDF (002) Final Audit Report 2025-07-18 Created: 2025-07-18 By: James Arness (jarness@ibew1547.org) Status: Signed Transaction ID: CBJCHBCAABAArRrmgO810o1bd-XgeuVoOfabEggzupV_ "12.1 Pension proposal 2 PDF (002)" History e Document created by James Arness (farness@ibew1547.org) 2025-07-18 - 0:27:49 AM GMT L 4 Document emailed to brian.hickey@mea.coop for signature 2025-07-18 - 0:28:48 AM GMT Email viewed by brian.hickey@mea.coop 2025-07-18 - 4:50:35 AM GMT Signer brian.hickey@mea.coop entered name at signing as BH 2025-07-18 - 8:35:44 PM GMT Document e-signed by BH (brian.hickey@mea.coop) Signature Date: 2025-07-18 - 8:35:46 PM GMT - Time Source: server Q Agreement completed. 2025-07-18 - 8:35:46 PM GMT U Adobe Acrobat Sign 13L Resolution 2025-072 133 Resolution 2025-072 IBEW Proposal: number I Date & Time: 5/29/25 Section 12.2 Wage Rate. The b a s e wage a p u rn�s c alcu-la-t i n g—t-he—�wage-s—of employees covered by this Agreem-ent shall be 849.15 per hour for the term of this Ag-reement. Individuals covered under the terms of this agreement shall not be entitled to receive any across-the-board pay increases granted by the City Council to all other regular City employees. Effective July 1, 20225, all journeyman linemen shall receive an increase of the current base rate of pay to f1f#y-Q-ne sixty Dollars and 1 Cents ($51.11560.01). Effective July 1, 20236, all journeyman linemen shall receive an increase of the current base rate of pay to sixty four dollars and twenty one cents ($64.21). ° . . Depament f La-borCnsi e..r P rdex-far—a1 rban consumers for Anchorage measured from January 1, 2022 through December 31, 20a2 ith--a inimtim-of by 1% and a maximum of 4%. Effective July 1, 20247, all journeyman linemen shall receive an increase of the current base rate of pay to sixty eight dollars and seventy cents ($68.70).rth, ent base rate eg gal 00 „f th-e U.S. Department of Labor--Ce..,umer Price index for all urban consumers for Anchorage measured from January 1, 2023 through December 31, 2023 imum of 4%. Effective July 1, 2028. all journeyman linemen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all urban consumers for Anchorage measured from January 1. 2027 through December 31, 2027, with a minimum 2.5% and a maximum of 5%. TA'd IBEW cos Y' Date/Time: 7 3 , . Date/Time: 7-3-25 3:12p 134 Resolution 2025-073 RESOLUTION 2025-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE 2025 WHOLESALE POWER CONTRACT AND THE JOINT USE AND OPERATIONS & MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEWARD ELECTRIC SYSTEM AND CHUGACH ELECTRIC ASSOCIATION, INC Documents: • Agenda Statement • Resolution 2025-073 • Attachments: o Wholesale Power Contract: Chugach Electric Association and City of Seward o Exhibit A: Agreement for Joint Use and Maintenance of Facilities 135 Resolution 2025-073 City Council Agenda Statement Meeting Date: July 28, 2025 To: City Council Through: Kat Sorensen, City Manager From: Brian Hickey, Electric Utility Manager Subject: Resolution 2025-073: Approving the 2025 Wholesale Power Contract and the Joint Use and Operations & Maintenance Agreement Between the City of Seward Electric System and Chugach Electric Association, Inc Background and justification: The City of Seward has purchased wholesale electric power from Chugach Electric Association, Inc. under various contracts since 1961. The City and Chugach executed a short-term extension of the 2022 Wholesale Power Contract through July 2025 pending completion of a long-term successor agreement. City staff have successfully negotiated a new 2025 Wholesale Power Contract that: 1. Ensures Seward's electric power requirements will be met on a full -requirements basis 2. Excludes Seward from paying for Chugach's production reserves 3. Allows Seward the option to supply its own gas or generation resources 4. Permits Seward to provide energy and reserves to other Railbelt entities coordinated through Chugach dispatch 5. Includes a fair ratemaking structure that unbundles production and transmission rates in accordance with Commission requirements and Railbelt Transmission Organization (RTO) protocols As part of this agreement, the City and Chugach have updated the Joint Use and Operations & Maintenance Agreement governing the shared use and maintenance of infrastructure, including poles, rights -of -way, and distribution underbuild, with each party bearing its own maintenance costs and coordinating annual and emergency maintenance. These agreements support the City's goals for reliable, cost-effective electric service, while enabling flexibility for local generation and dispatch, including test runs, future shore power operations, and service to other Railbelt utilities. The agreements will be submitted to the Regulatory Commission of Alaska for approval and will remain in effect for an initial three-year term with two automatic three-year renewals unless terminated by either party with one year's notice. 136 Resolution 2025-073 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Yes Electric Water Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review Administration Recommendation Adopt Resolution Other: 137 Resolution 2025-073 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE 2025 WHOLESALE POWER CONTRACT AND THE JOINT USE AND OPERATIONS & MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEWARD ELECTRIC SYSTEM AND CHUGACH ELECTRIC ASSOCIATION, INC WHEREAS, the City of Seward has purchased wholesale electric power from Chugach Electric Association, Inc. ("Chugach") under various contracts since 1961; and WHEREAS, the City and Chugach executed a short-term extension of the 2022 Wholesale Power Contract through July 2025 pending completion of a long-term successor agreement; and WHEREAS, City staff have successfully negotiated a new 2025 Wholesale Power Contract that (a) ensures Seward's electric power requirements will be met on a full -requirements basis; (b) excludes Seward from paying for Chugach's production reserves; (c) allows Seward the option to supply its own gas or generation resources; (d) permits Seward to provide energy and reserves to other Railbelt entities coordinated through Chugach dispatch; and (e) includes a fair ratemaking structure that unbundles production and transmission rates in accordance with Commission requirements and RTO protocols; and WHEREAS, as part of this agreement, the City and Chugach have updated the Joint Use and Operations & Maintenance Agreement governing the shared use and maintenance of infrastructure, including poles, rights -of -way, and distribution underbuild, with each party bearing its own maintenance costs and coordinating annual and emergency maintenance; and WHEREAS, these agreements support the City's goals for reliable, cost-effective electric service, while enabling flexibility for local generation and dispatch, including test runs, future shore power operations, and service to other Railbelt utilities; and WHEREAS, the agreements will be submitted to the Regulatory Commission of Alaska for approval and will remain in effect for an initial three-year term with two automatic three-year renewals unless terminated by either party with one year's notice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby approves the 2025 Wholesale Power Contract and the Agreement for Joint Use and Maintenance of Facilities between the City of Seward and Chugach Electric Association, Inc., substantially in the form presented, and authorizes the City Manager to execute the agreements and take such actions as may be necessary to implement them. Section 2. Funding for services procured under these agreements is hereby authorized and shall be paid from the Seward Electric System enterprise fund. 138 Resolution 2025-073 CITY OF SEWARD, ALASKA RESOLUTION 2025-073 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of July 2025. AYES: NOES: ABSENT: AB STAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 139 Resolution 2025-073 2025 WHOLESALE POWER CONTRACT between CHUGACH ELECTRIC ASSOCIATION, INC. and the CITY OF SEWARD d/b/a SEWARD ELECTRIC SYSTEM PARTIES This 2025 WHOLESALE POWER CONTRACT (this "Agreement"), dated , 2025, is entered into between Chugach Electric Association, Inc., an electric cooperative association, organized and existing under the laws of the State of Alaska, with its principal place of business located at 5601 Electron Dr., Anchorage, AK 99518 ("Chugach") and the City of Seward d/b/a Seward Electric System, having its offices at City Hall Annex, 238 5th Avenue, Seward, AK 99664 ("Seward"). Chugach and Seward may hereinafter be referred to as, individually a "Party", and collectively the "Parties". RECITALS WHEREAS, Chugach has furnished Electric Power (as defined in Section 12) to Seward under various contractual arrangements since July 1, 1961; WHEREAS, the 2022 Wholesale Power Contract for the Sale and Purchase of Electric Power, dated September 28, 2021, between the Parties (the "2022 Wholesale Power Contract") had an initial term ending on December 31, 2024; WHEREAS, the Parties signed an extension agreement on December 27, 2024 to extend the term of the 2022 Wholesale Power Contract until such time as this Agreement is executed by the Parties and approved by the Regulatory Commission of Alaska, an independent agency established pursuant to Alaska Statute 42.04.010 under the Alaska Department of Commerce, Community, and Economic Development (the "Commission"); and WHEREAS, the Parties desire to continue supplying and purchasing Electric Power pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the Parties hereby agree as follows: SECTION 1 - AGREEMENT 1.1 Sale and Purchase of Electric Power. Chugach shall sell and deliver to Seward and Seward shall take and pay for, at the rates provided for in Section 2, all of Seward's Electric Power requirements from Chugach, subject to the terms and conditions provided in this Agreement. Page 1 of 23 140 Resolution 2025-073 1.2 No Dedication of Resources. Other than as expressly agreed herein, nothing in this Agreement shall constitute any (a) sale, lease, transfer, dedication, or conveyance of ownership interest in or to any of Chugach's Generation or Transmission Resources or (b) entitlement to the electric capacity or associated energy from any Generation or Transmission Resource. For the avoidance of doubt, Chugach shall have sole authority and discretion to manage, control, and operate all of its Generation and Transmission Resources. 1.3 Electric Power without Reserves. Chugach shall provide Electric Power to Seward without system production Reserves. Seward shall be responsible for providing its own Reserves. 1.4 Optional Gas Supply. (a) Upon giving twelve (12) months advance written notice to Chugach, Seward may elect to provide its own supply of gas ("Seward Gas") to be used by Chugach to meet Chugach's obligations under this Agreement to generate, sell, and deliver Electric Power to Seward (the "Seward Gas Option"). To affect the Seward Gas Option, the Parties shall endeavor to agree to commercially reasonable terms and conditions for the delivery and use of Seward Gas (in the opinion of the Parties) from the date the Seward Gas Option becomes effective through the remaining Term of this Agreement. (b) To the extent the Seward Gas Option is made effective and an interruption in the Seward Gas supply occurs, Chugach shall be relieved of its obligation to provide Electric Power to Seward along with all liability associated therewith for so long as such interruption continues or has a lasting impact. Chugach shall have no obligation to take, or liability associated with, any Seward Gas that cannot be used by Chugach during (i) an interruption of service pursuant to Section 1.5 or (ii) a Force Majeure Event. 1.5 Interruption of Service. (a) Chugach may interrupt the provision of Electric Power and any associated services under this Agreement ("Services") to Seward as may be necessary (either completely or in part) in the commercially reasonable opinion of Chugach in order to protect, maintain or otherwise provide continuity of service to Chugach's other firm loads, subject to the following limitations: (i) Chugach will not be obligated, but shall attempt in good faith, to provide reasonable advance notice to Seward of any such interruption of Services. Chugach shall make such notice by calling the emergency services dispatcher for the City of Seward at telephone number +1 (907) 224-3338, or such other number as the Parties may from time to time agree upon in writing; Page 2 of 23 141 Resolution 2025-073 (ii) Chugach will not be obligated, but shall attempt in good faith, to purchase replacement Electric Power from other utilities to avoid interruption of Service under this Section 1.5; and (iii) Seward shall promptly reimburse Chugach for all incremental costs incurred in respect of such replacement Electric Power. (iv) Transmission constraints shall not form the basis for interruption of Services. (b) Seward may interrupt or reduce Service to engage in the test running of its own electric power generation resources and shall attempt in good faith to provide advance notice of no fewer than forty-eight (48) hours to Chugach of such interruptions, but in no case shall notification be less than 12 hours. Seward shall make such notice by emailing the Chugach dispatcher at dispatch@chugachelectic.com or calling +1 (907) 762 4661 should email not be functioning or available (the "Chugach Dispatcher"). (c) Seward shall be responsible for all costs of supplying its own Electric Power to meet its system load during any interruption of Services. 1.6 Test Running. Subject at all times to Section 1.5, Seward may schedule test running of its own electric power generators. Seward's electric power generation must be synchronized to the grid and must meet Railbelt scheduling requirements' unit commitment if it will run in excess of Seward's load. In such case that Seward's generation exceeds its load, Chugach will not incur any additional costs. Chugach shall use commercially reasonable efforts to accommodate these scheduled test runs within its broader system management protocols. 1.7 Provision of Services to Other Entities. (a) Subject at all times to Section 1.5, Seward may provide service from Seward's generating and storage resources to other entities, including other Alaska Railbelt Transmission Organization ("RTO") utilities. The scheduling of such services by purchasers shall be coordinated through the Chugach Dispatcher in accordance with applicable scheduling procedures, as determined by Seward and Chugach and in compliance with appropriate system reliability standards. Seward and Chugach shall develop a dispatch protocol and if practicable Chugach will provide dispatch services to Seward for this activity as contemplated in Section 1.12. (b) In the event of curtailment, whether scheduled or unscheduled, Chugach shall have a right of first refusal for any power or ancillary service produced by Seward in lieu of curtailing load. Subject to Chugach's right, Seward may then offer its resources to any other Railbelt utility being curtailed. Page 3 of 23 142 Resolution 2025-073 1.8 Delivery Points. (a) Subject to Section 1.5, Chugach shall furnish the Electric Power purchased by Seward under this Agreement to Seward at (a) the Daves Creek Substation (located at the north side of Sterling Highway at approximately Mile Post forty- one (41)), (b) near the Lawing Substation (located at approximately mile twenty- five (25) of the Seward Highway), or (c) at such other delivery point(s) as mutually agreed to by the Parties in writing. Title to and risk of loss of Electric Power delivered to Seward shall pass from Chugach to Seward at the delivery points, and Chugach shall have no responsibility for transmission and distribution beyond such delivery points. (b) Under certain contingency conditions and at Chugach's sole discretion, Seward may furnish electric service to Chugach at the Delivery Points specified in Section 1.8(a). In such circumstances, title and risk of loss of Electric Power delivered to Chugach shall pass from Seward to Chugach at these Delivery Points and Seward shall have no responsibility for transmission and distribution beyond these Delivery Points. 1.9 Resale of Electric Power Prohibited: Limit on Amount of Electric Power. All Electric Power delivered to Seward under this Agreement shall be used exclusively to serve Seward's retail electric loads as ultimate consumers and end -users of the Electric Power and shall not be resold to any other entity or otherwise used or disposed of, by contractual agreement or otherwise, in any other manner or for any other purpose. To assist in enforcing this provision, the Parties agree that at no time will Seward take, and at no time will Chugach be obligated to supply, Electric Power under this Agreement in amounts in excess of Seward's system demand or requirements calculated at the time Electric Power is delivered to Seward. Nothing contained in this Section 1.9 shall preclude Seward from using Electric Power supplied hereunder to meet its retail electric loads while engaging in contemporaneous off -system sales of Electric Power available to Seward from its own or other electric power sources. 1.10 Agreement for Joint Use and Maintenance of Facilities. The Agreement for Joint Use and Maintenance of Facilities is entered into as of the Effective Date by the Parties and attached hereto as Exhibit A. 1.11 Economy Energy Transactions. In the event of changed market conditions related to economy energy, Seward may request that the Parties meet and confer regarding potential modifications to this Agreement that would allow Seward to meet a portion of its Electric Power needs through market economy energy transactions. The Parties shall negotiate such modifications in good faith; however, Chugach shall not be obligated to accommodate such a modification to the extent Chugach determines and shows with reasonable certainty, that it would cause operational or economic hardship to Chugach. 1.12 Mutual Assistance. The Parties shall continue to work together and discuss potential additional opportunities and arrangements to expand their commercial relationship in Page 4 of 23 143 Resolution 2025-073 ways that will achieve mutual benefits and efficiencies for both Parties. The Parties believe that given their unique relationship, additional efficiencies could be gained through: (a) coordination of right-of-way vegetation management activities through planning, budgeting and collaborative engagement of mutually acceptable Qualified Contractors to perform required maintenance as defined and described in the Joint Use Agreement; (b) coordination of employee training activities, where possible, such that Seward employees are given the opportunity to attend Chugach sponsored training events (particularly in the area of safety training); (c) coordination regarding electric vehicle charging infrastructure and renewable generation resources; (d) coordination and assistance related to dispatch and engineering services for the Fort Raymond power plant; (e) coordination and assistance with engineering for Seward substations and RTO cyber security compliance; (f) coordination and assistance with advanced metering infrastructure meter installation and connection to Chugach's system; (g) to the extent practicable, provision of dispatch services for scheduling services as contemplated in Section 1.7; and 1 13 Shore Power. Should Seward's Shore Power project be put into service during the Term of this Agreement or its optional extensions, the Parties agree to meet and confer and to develop a shore power rate that does not unduly disadvantage one cruise ship community over another. 1.14 Treatment of Small Power Projects. (a) Aggregate Capacity. The aggregate installed capacity of all Small Power Projects selling electric power and/or energy to Seward shall not exceed 500 kW unless mutually agreed otherwise by the Parties in writing. (b) Metering. Each Small Power Project selling electric power and/or energy to Seward must be individually metered and such metering information must be available to Chugach for purposes of calculating Seward's monthly invoicing by Chugach in conformance with this Section 1.14. (c) Energy Costs. Chugach's monthly invoicing to Seward for Electric Power deliveries made pursuant to Section 1.8 shall be reduced by a dollar amount equal Page 5 of 23 144 Resolution 2025-073 to the kWh received by Seward from Small Power Projects for the relevant period multiplied by Chugach's tariff rate for each such billing month. Unless and until an alternative avoided cost calculation is agreed by the Parties, the "Non -firm power rate" in the approved Chugach Tariff Sheet No. 97 (Purchase and Sales Rates for Qualified Cogeneration and Small Power Production Facilities) for each month shall be used to determine the amount by which Chugach's invoicing shall be reduced based upon Seward's purchases from Small Power Projects. Chugach may propose to the Commission an alternative avoided cost calculation to apply to Seward's purchases from Small Power Projects. Prior to filing any such proposal, Chugach shall meet with Seward to discuss how the proposed change, if approved, would affect monthly invoicing. Any changes in the calculation of the avoided cost rate(s) are subject to the standard review and adjudicatory process of the Commission. Seward reserves the right to oppose any such proposal before the Commission. (d) Capacity Costs. All rates and resulting invoices charged by Chugach to Seward shall be computed as if all of the electric power capacity provided to Seward from Small Power Projects were provided by Chugach. The wholesale billing rates charged by Chugach to Seward shall not be reduced to reflect any contribution of electric power capacity from Small Power Projects. (e) Demand and Energy Related Costs. Except for the reduction in Chugach's monthly invoicing to Seward computed pursuant to Section 1.14(c), all demand - and energy -related costs, other than fuel and purchased power charged by Chugach to Seward, shall not be reduced to reflect electric capacity or energy provided to Seward from the Small Power Projects. (f) System Costs. For purposes of Chugach's quarterly Fuel and Purchased Power Cost Adjustment Factor updates, the amounts credited to Seward pursuant to Section 1.14(c) for Seward's purchases of electric capacity and/or energy from Small Power Projects will be considered part of Chugach's system costs. Those costs shall be apportioned to all classes of service, including Seward, consistent with established cost -of -service methodologies. (g) Certain Assurances. Before allowing a Small Power Project to interconnect with Seward's facilities or equipment or accepting any electric capacity and/or energy from a Small Power Project, Seward shall confirm, to Chugach's satisfaction, its ability to provide Chugach with data that are compliant with and subject to all metering requirements of this Agreement. Seward shall require by contract with each Small Power Project that the Small Power Project shall (i) pay to Chugach the installed cost of the Chugach meters/recorders designated by Chugach as necessary for Chugach to record the energy and capacity supplied by the Small Power Project to Seward; (ii) provide, without charge, a telephone line (dedicated or shared) for telephone access by Chugach to the Chugach meters/recorders; and (iii) provide to Chugach, without charge, full access to any Chugach -owned 145 Page 6 of 23 Resolution 2025-073 meters/recorders on the premises of the Small Power Project and any other rights that Chugach has with respect to other meters under this Agreement. 1 15 Treatment of Net Metered Non -Utility Generation. (a) This Agreement shall not be construed to prohibit Seward from purchasing or receiving from a Seward retail customer the electric output from an on -site Eligible Non -Utility Generation facility under a net metering service arrangement with the Seward retail customer, provided that the facility has a nameplate capacity of 25 kW or less, and provided that the total nameplate capacity of all Seward net metered generation facilities does not exceed the greater of two percent (2%) of Seward's average retail demand or the amount permitted under Chugach's operating tariff for its retail members at the time. (b) Chugach's rates for Seward's purchases of Electric Power (including both monthly billing demand and determination of contribution to system peak, total system demand and energy requirements) under this Agreement shall be based on actual Chugach billing determinants. In this manner, the impact of net metering installations will be to reduce Seward's billing load and cost responsibility by the amount of actual generation received by Seward from net metered facilities. (c) Nothing in Sections 1.14 or 1.15 precludes Chugach from negotiating directly with any Small Power Projects or with any power supplier to purchase electric capacity and/or energy. SECTION 2 - RATES AND BILLING 2.1 General Ratemaking Provision. The rates and charges applicable under this Agreement shall be established, and shall be revised from time to time, in accordance with (a) the substantive ratemaking principles set forth in Section 2.2, and (b) the ratemaking procedures set forth in Section 2.3. This Agreement and rates proposed hereunder shall be submitted to the Commission for advance approval. The schedule of initial base rates under this Agreement are set forth in Chugach CPCN No. 8, Tariff Sheet No. 99 (65th Revision). Chugach shall ensure that during the Term of this Agreement Seward's total cost of Electric Power is not adversely affected by future supply arrangements executed with any third -party purchaser(s) of Electric Power ("Third -Party Transaction"). For clarity, "not adversely affected" means that Seward's total cost of Electric Power would not be higher than it otherwise would have been absent the new Third -Party Transaction. To the extent an adverse effect is determined by Seward to exist, Seward shall notify Chugach of such determination and seek to resolve the issue with Chugach in good faith. Disputes arising hereunder may be submitted to the Commission for resolution by either Party at any time. 2.2 Substantive Ratemaking Principles. The rates and charges applicable under this Agreement shall be just and reasonable, not unduly discriminatory, and consistent with the terms and conditions of this Agreement and all other lawful obligations of Chugach. Page 7 of 23 146 Resolution 2025-073 The rates and charges shall be based on cost -of -service studies designed to ensure that Chugach's total revenue requirement, including, but not limited to generation, transmission, and fuel and purchased power expenses, is divided fairly and appropriately between Chugach's generation transmission, distribution, and customer functions so that no function will significantly or persistently cross -subsidize the other. Fuel and purchased power costs shall be recovered through Chugach's quarterly cost of power adjustment factor rates. All rates charged to Seward shall exclude any costs associated with power purchased by Chugach from the Fire Island Wind Project. Since Chugach is not committing any system production reserves to providing service to Seward under this Agreement, and Seward is relying on its own reserves, no Production Reserve Costs shall be allocated to Seward. Seward is a Railbelt Utility and member of the RTO, as such, from the effective date of the RTO Open Access Transmission Tariff ("OATT"), no transmission costs shall be passed through this agreement except for Seward's allocated share of (1) the transmission costs associated with the RTO Grandfathered Agreements, and (2) the transmission costs associated with Chugach's Cooper Lake transmission line that is used to serve Seward. If Seward provides Electric Service to Chugach under 1.8(b) above, no Seward transmission costs will be passed to Chugach through this Agreement. Chugach and Seward shall be separately responsible to the RTO for their allocated shares of the RTO's Annual Transmission Revenue Requirement ("ATRR") pursuant to the RTO's OATT. 2.3 Ratemaking Procedures. Chugach shall supply and be paid for Electric Power under this Agreement on a total requirements basis, except that Production Reserve Costs shall not be allocated to Seward (as discussed below). The following ratemaking and billing provisions shall apply: (a) Allocation of Demand -related Costs. Demand -related costs will be allocated to Seward for ratemaking purposes in accordance with a methodology that is consistent with the fairness principles set forth in Section 2.2 of this Agreement and will be based on Total System Demand, with the exception that no Production Reserve Costs will be allocated to Seward. (b) Computation of Demand Charges. To establish demand charges (expressed in dollars per kilowatt/month) for the sale of electric capacity in future rate cases, test period demand -related costs, excluding Production Reserve Costs, will be allocated to Seward based on its proportionate contribution to the overall system peak. (c) Itemized Services for Billing. Charges for generation and transmission service shall be shown as separate line items on the monthly invoice. (d) Billing Demand and Payment for Capacity. Seward's billing demand in each month shall be Seward's actual peak demand on the Chugach system for that month. Page 8 of 23 147 Resolution 2025-073 (e) Payment for Energy. Chugach shall charge and be paid for energy for each monthly billing period in an amount equal to Chugach's then applicable energy charge (excluding fuel and purchased power expenses) multiplied by Seward's total system energy requirements for that month, which energy requirements shall be metered at the delivery points set out in Section 1.8. Fuel and purchased power costs will be recovered through Chugach's cost of power adjustment factors, which are reduced by economy energy sales margins and wheeling revenues that would otherwise have been assigned to Seward based on Seward's proportionate share of the total system firm sales on the Chugach system. (f) BRU Contributed Capital Surcharge. Chugach will charge and be paid a monthly amount equal to the then applicable BRU Contributed Capital Surcharge multiplied by actual energy delivered by Chugach to Seward. (g) Customer Charge. Chugach will charge and be paid a monthly amount equal to the then applicable customer charge multiplied by the number of delivery point meters. (h) Good Faith. The Parties agree to operate their systems in good faith to accomplish the purpose of relying upon the power supply Reserves provided by Seward while providing Seward with a reduced demand cost allocation reflecting the unique nature of the service provided under this Agreement. (i) Billing. Seward shall pay bills within fifteen (15) days of receipt. In the event any portion of any bill is disputed, pending resolution of the billing dispute, the undisputed portion of each bill shall be paid to Chugach in a timely fashion pending resolution of the disputed amount. (j) Margins (Capital Credits). Seward shall be entitled to an allocation of margins (capital credits) based on Seward's contribution to Chugach's electric generation and transmission margins consistent with Chugach's bylaws. Upon retirement of patronage capital in a manner consistent with Chugach's bylaws and applicable board policies, such amount retired on behalf of Seward shall be divided and applied equally as an offset (credit) to Seward's subsequent twelve -monthly bills for Electric Power. 2.4 Billing for Bradley Lake. (a) Chugach shall be entitled to schedule and receive Seward's share of Electric Power from the Bradley Lake Hydroelectric Project, including any Electric Power associated with the Battle Creek Project (the "Bradley Project") pursuant to the Bradley Lake Hydroelectric Power Agreement for the Sale and Purchase of Electric Power, dated December 8, 1987. Page 9 of 23 148 Resolution 2025-073 (b) Chugach may comingle any Electric Power Chugach receives under Section 2.4(a) with all other Electric Power available to Chugach and use such Electric Power to serve Chugach's system load. (c) Chugach shall pay the Alaska Energy Authority ("AEA") for Seward's share of costs incurred under the Bradley Project Power Sales Agreement ("Bradley PSA"), which includes applicable optional project work and all required project work. These costs and the attendant energy and capacity from the Bradley Project will be included as a Chugach system resource for ratemaking purposes. This Bradley Lake billing arrangement is strictly for administrative efficiency and is expressly not an assignment of Seward's share of Bradley Project Electric Power to Chugach. (d) This Section 2.4 is not intended to alter, amend, or modify any of the Parties' rights and obligations under the Bradley PSA or other agreements related to the Bradley Project. The intent of this arrangement is simply to increase administrative efficiency between the Parties with respect to Seward's share of Bradley Lake Electric Power. 2.5 Transmission Revenue Requirement. Once the RTO OATT is adjudicated and approved, Seward will take services from the RTO pursuant to the terms of the OATT. Except as provided in Section 2.2, Chugach will discontinue transmission cost recovery under this agreement and will recover its costs related to delivery of energy and capacity under this agreement through the RTO OATT to which Seward will be a Network Service Customer. SECTION 3 - TERM This Agreement shall continue in full force and effect from the later of August 1, 2025, or the date Commission approval is received pursuant to Section 11.13 (the "Effective Date") for a period of three (3) years (the "Term"). The Term of this Agreement shall automatically extend for two (2) successive three (3) year terms unless either Party provides written notice of termination to the other Party at least one (1) year prior to the expiration of the Term. SECTION 4 - PROVISIONS RELATING TO ELECTRIC POWER SERVICE 4.1 Electric Power. Except when prevented by a Force Majeure Event or when Chugach has interrupted service pursuant to Section 1.5, Chugach shall use its best efforts to deliver a constant and uninterrupted supply of Electric Power to Seward at the delivery points designated in Section 1.8 in the amount of Seward's total demand for Electric Power. 4.2 Restoration of Service. In the case of a partial or total loss of service to Seward as a result of problems encountered on the Chugach system, including a Force Majeure Event or interruption pursuant to Section 1.5, Chugach will use its best efforts to promptly restore service in a non-discriminatory manner. Page 10 of 23 149 Resolution 2025-073 4.3 Reciprocal Service. During certain contingency events, subject to its obligation to serve its firm power customers and consistent with past practice, at Chugach's sole discretion, Seward will use its best efforts to supply Chugach loads in the Cooper Landing region using Seward's transmission and distribution system by back feeding the Chugach system, or when islanded, using its own local area generation. Chugach will be responsible for the fuel and non -fuel variable Operations and Maintenance costs of such service on an average basis and will show them as a credit to Seward's monthly invoice. 4.4 No Duty to Third Parties. This Agreement shall not create on the part of Seward or Chugach any legal duty owed to the retail, wholesale, or wheeling customers of the other Party, including without limitation, any legal duty to maintain continuity of electric service to third parties or customers. Nothing in the foregoing sentence shall limit the rights afforded Chugach or Seward under this Agreement. 4.5 Prudent Utility Practice. The Parties shall design, construct, maintain, operate, and repair their respective facilities and equipment in accordance with Prudent Utility Practice. Seward shall also design, construct, operate, maintain, and repair its facilities and equipment in a manner that ensures satisfaction of the following: (a) Seward's load shall not cause sine -wave distortion or large, short -interval demand that will impair service or cause interference with telephone, television, or other facilities, or other utilities' customers. (b) Seward's load shall not result in a deviation from phase balance of more than ten percent (10%) at any time. (c) Seward and Chugach shall each supply their own Volt -Amperes Reactive requirements, as measured at the delivery points designated in Section 1.8, to correct any power factor problems on their respective sides of such delivery point(s). Seward must maintain a minimum ninety percent (90%) power factor. In the event that Seward is unable to meet this power factor requirement, the Parties shall meet and confer regarding a mutually acceptable solution to the problem. 4.6 Reserves. (a) Chugach shall not be required to provide or maintain Reserves to support Seward's Generation Resources. (b) Seward shall be required to maintain sufficient Reserves to support any and all of its Generation Resources at all times that Seward is operating its Generation Resources in parallel with Chugach's Generation Resources. (c) The Parties shall meet and confer regarding potential modifications to this Section 4.6 in the event of a material increase to Seward's Total System Demand as a result of a new large commercial customer coming onto Seward's. system. 150 Page 11 of 23 Resolution 2025-073 4.7 Voltage. The Electric Power provided hereunder shall be three-phase, alternating current, at nominal voltages ± five percent (5%) under normal conditions and ± ten percent (10%) under emergency conditions. All Parties shall endeavor to maintain proper phase voltage balance on their respective systems. If a problem with voltage occurs, all Parties will use their reasonable best efforts to correct such problems. 4.8 Frequency. Chugach shall use its reasonable best efforts to maintain its system frequency at 60 hertz averaged over each twenty-four (24)-hour period. SECTION 5 - METERING 5.1 Performance of Meter Testing. With respect to metering equipment, the Parties shall each: (a) make or provide for biennial tests and inspections of all meters and recorders used for billing or invoicing purposes under this Agreement in order to maintain a commercial standard of accuracy; (b) restore to a commercial standard of accuracy any meters found to be inadequate or inaccurate; and (c) provide the other Party with the results of any such test or inspection that shows any inaccuracy more than zero point five percent (0.5%) slow or fast. 5.2 Notice of Meter Testing. Each Party shall provide the other Party with written notice at least one (1) week prior to the performance of any meter tests or inspections. Each Party shall be permitted to have representatives present at such meter tests and inspections. 5.3 Right to Request Additional Meter Testing. Each Party shall make or provide for additional tests of its meters and recorders at the request of the other Party and in the presence of representatives of the requesting Party. The cost of any additional test requested by such Party shall be borne by the Party owning the equipment if such test shows a meter or recorder is inaccurate by more than zero point five percent (0.5%) slow or fast. 5.4 Correction of Meter Errors. Metering errors shall be corrected in the manner applicable to utilities and wholesale customers prescribed in 3 AAC 52.465(d) and (e), as amended from time to time. 5.5 Provision of Metering Data. Chugach shall make available to Seward real-time metering data from its meters located at Daves Creek 952, Lawing, and Fort Raymond. Seward shall be responsible for the costs associated with communications and front-end processing equipment required to access and archive this data. Page 12 of 23 151 Resolution 2025-073 SECTION 6 - FORCE MAJEURE No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any Term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such Party's ("Impacted Party") failure or delay is caused by or results from a Force Majeure Event. The Impacted Party shall give notice to the other Party within three (3) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 6, the other Party may thereafter terminate this Agreement upon ten (10) days' written notice. Seward shall be responsible for meeting its own Electric Power needs when Chugach is unable to supply Electric Power as a result of a Force Majeure Event. SECTION 7 - INDEMNIFICATION AND LIMITATION OF LIABILITY 7.1 Indemnification. Each Party (as an "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party, its managers, officers, directors, representatives, agents, employees, contractors, affiliates, successors and assigns (collectively, the "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are incurred by the Indemnified Party (collectively, "Losses"), to the extent arising out of any third -party claims alleging: (a) material breach by, or non -fulfillment of any provision of this Agreement binding on, the Indemnifying Party or the Indemnifying Party's representatives (as applicable); (b) any negligent or more culpable act or omission of the Indemnifying Party (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or (d) any failure by Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. Page 13 of 23 152 Resolution 2025-073 7.2 Notice, Defense, and Settlement of Legal Proceeding. (a) If any legal proceeding is instituted, or any claim or demand made, against any Indemnified Party with respect to which the Indemnifying Party may be liable hereunder, the Indemnified Party shall give prompt written notice thereof, within thirty (30) days thereof by certified mail, return receipt requested, and promptly deliver a true copy of any summons or other process, pleading or notice to the Indemnifying Party. (b) In any action in which there is no reasonable possibility of joint liability of the Parties to this Agreement, the Indemnifying Party shall have the absolute right, at its sole expense and without the consent of the Indemnified Party, to defend and settle any such legal proceeding, claim or demand. However, the Indemnifying Party shall give notice, if possible, to the Indemnified Party of any proposed settlement. In no event shall the participation of the Indemnified Party in the defense and settlement of any legal proceeding claim or demand interfere with or alter the Indemnifying Party's absolute right to control the defense and/or settlement of the legal proceeding, claim or demand. The Indemnified Party may, if it sees fit, participate in defense of any such legal proceeding, at its own expense. (c) Where joint liability of both Parties to this Agreement is a reasonable possibility, no Party which has exposure to joint liability shall be limited in their participation in the action. (d) If the Indemnified Party, without the prior consent of the Indemnifying Party (which consent, if requested, shall not be unreasonably withheld), makes any settlement with respect to any such legal proceeding, claim or demand, the Indemnifying Party shall be discharged of any liability hereunder with respect thereto. (e) The Indemnifying Party shall pay all reasonable costs incurred by the Indemnified Party in any successful enforcement of this indemnity. 7.3 NO CONSEQUENTIAL OR INDIRECT DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY OR ANY OF ITS REPRESENTATIVES SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (STATUTE, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE FOREGOING LIMITATIONS ON LIABILITY OR Page 14 of 23 153 Resolution 2025-073 DAMAGES LIMIT THE LIABILITY OF ANY PARTY TO ANY OTHER PARTY FOR THIRD -PARTY CLAIMS FOR WHICH INDEMNIFICATION IS REQUIRED OR IN THE INSTANCES OF FRAUD OR WILFUL MISCONDUCT. SECTION 8 - INSURANCE Each Party agrees to use its best efforts to obtain and maintain in full force and effect during the Term of this Agreement, adequate insurance with responsible insurers as may be required by law. SECTION 9 - DEFAULT AND DISPUTE RESOLUTION 9.1 Notice of Default. Upon failure of any Party to perform any obligation hereunder, the Party or Parties to whom such performance is due shall make demand in writing upon the defaulting Party. If such failure, other than a failure to pay Chugach when such payment is due, is not cured within thirty (30) days from the date of such demand it shall constitute a default at the expiration of such period. Chugach's bills to Seward shall constitute written demands for payment for purposes of this Section 9.1 and Seward shall be considered to be in immediate default of their payment obligations if such bills are not fully paid within ten (10) days after they are due. 9.2 Performance Pending Resolution of Dispute. Pending resolution of any dispute each Party shall continue to perform its obligations under this Agreement, including the obligations to deliver and receive Electric Power and the obligation to pay bills submitted by Chugach for such Electric Power. All Parties shall be entitled to seek immediate judicial enforcement of this continued performance obligation notwithstanding the existence of a dispute. Application for such enforcement shall be made to the Superior Court for the State of Alaska, in Anchorage. 9.3 Consultation to Resolve Disputes. After notice is delivered and before default occurs under Section 9.1, the Parties shall in good faith endeavor to meet promptly and to resolve any dispute through good faith negotiation. If a Party has met its ob l igation of good faith under this Section 9.3, and if the dispute has not been resolved before default occurs, than that Party shall be entitled at any time thereafter to seek immediate judicial enforcement of this Agreement in the Superior Court for the State of Alaska, in Anchorage, by bringing any suit, action or proceeding, at law or in equity, including without limitation mandamus, injunction, damages and action for specific performance, as may be necessary or appropriate to enforce any covenant, agreement or obligation of this Agreement. 9.4 WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE Page 15 of 23 154 Resolution 2025-073 TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.4. SECTION 10 - RIGHT OF ACCESS AND REMOVAL Each Party will have access to the premises, facilities, or property of the other Party at all reasonable times for any purpose necessary or appropriate to the performance of this Agreement. Upon termination of this Agreement in accordance with the provisions hereof, each Party will remove any property or equipment which it may have installed on the premises of the other Party for any purposes hereunder. Seward shall provide Chugach with access to existing metering or allow Chugach to install any metering and equipment necessary or convenient to allow Chugach to track Seward's load and generation during periods of interruption of service from Chugach. SECTION 11 - MISCELLANEOUS Waiver. Any waiver at any time by any Party to this Agreement of its rights with respect to any default of the other Party hereto, or with respect to any other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any prior or subsequent default, right, or matter. 11.2 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effectuate the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 11.3 Assignment. (a) General. Neither Party may assign any of its rights hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment in violation of this Section 11.3(a) shall be null and void. No assignment shall relieve the assigning Party of any of its obligations hereunder. Page 16 of 23 155 Resolution 2025-073 (b) Assignment for Security. Notwithstanding Section 11.3(a), a Party, without the other Parry's consent, may assign transfer, mortgage, or pledge its interest in this Agreement as security for any obligation secured by an indenture, mortgage, or similar Lien on its system assets without limitation on the right of the secured Party to further assign this Agreement; provided, however, that no such assignment shall relieve such Party of any obligations hereunder. 11.4 Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 11.5 No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 11.6 Notices. Except as provided in Section 1.5, all notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre -paid). Notices must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section 11.6): If to Chugach: If to Seward: Chugach Electric Association, Inc. 5601 Electron Drive Anchorage, AK 99518 Email: Arthur_Miller@chugachelectric.com; Matthew_Clarkson@chugachelectric.com Attn: Arthur Miller, Chief Executive Officer and Matthew Clarkson, Chief Legal Officer City of Seward PO Box 167 Seward, AK 99664 Email: bhickey@cityofseward.net jbickling@cityofseward.net Attn: Brian Hickey, Electric General Manager Jason Bickling, Asst. City Manager 156 Page 17 of 23 Resolution 2025-073 with a copy to: Munson, Cacciola & Severin, LLP 1029 W. 3rd Ave #402 Anchorage, AK 99501 Email: kgeorge@bcfaklaw.com Attn: Kody George, Seward City Attorney 11.7 Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto and approved by appropriate governing boards and regulatory agencies. 11.8 Entire Agreement. This Agreement, together with any other documents and exhibits incorporated herein by reference, constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 11.9 Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 11.10 Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. 11.11 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alaska without giving effect to any choice or conflict of law provision or rule (whether of the State of Alaska or any other jurisdiction). 11.12 Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employer/employee or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any third party. 11.13 Regulatory Approval. It is the Parties' understanding that this Agreement, as a wholesale power agreement between public utilities governed by AS 42.05.431(b), will not take effect without the prior approval of the Commission, and will at all times after any such approval be subject to the Commission's continuing authority over wholesale power agreements. 11.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Page 18 of 23 157 Resolution 2025-073 SECTION 12 - DEFINITIONS As used in this Agreement and the Exhibits hereto, the following capitalized terms have the meanings ascribed to them below, unless and only to the extent the context requires otherwise: "Electric Power" means electric energy or electric capacity or both but does not include reserve generation capacity. Where the context of this Agreement requires a distinction, electric energy is expressed in kilowatt hours (kWh) or megawatt hours (MWh), and electric capacity is expressed in kilowatts (kW) or megawatts (MW). "Eligible Non -Utility Generation" means electric generation from one or more of the following sources: (a) Solar photovoltaic and solar thermal energy; (b) Wind energy; (c) Biomass energy, including landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (d) Hydroelectric, geothermal, hydrokinetic energy or ocean thermal energy; or (e) Other sources that generally have similar environmental impacts. "Force Majeure Event" means any cause beyond the control of a Party hereto and which by the exercise of due diligence that Party is unable to prevent or overcome, including but not limited to an act of God, fire, flood, volcano, epidemic, pandemic, earthquake, explosion, sabotage, an act of the public enemy, civil or military authority, including court orders, injunctions and orders of governmental agencies of competent jurisdiction, insurrection or riot, an act of the elements, failure of equipment, or the inability to obtain or ship equipment or materials because of the effect of similar causes on carriers or shippers. Strikes, lockouts, and other labor disturbances shall be considered Force Majeure Events, and nothing in this Agreement shall require either Party to settle a labor dispute against its best judgment; provided, that during any labor dispute all Parties shall make all reasonable efforts under the circumstances, including, to the extent permitted by law, the use of replacement personnel and/or management personnel and/or other personnel under the provisions of a mutual aid agreement, to ensure, if possible, the continued ability of the Parties to produce, deliver, receive, and distribute the Electric Power that is the subject matter of this Agreement. "Generation and Transmission Resources" or separately "Generation Resources" or "Transmission Resources" means all existing and future facilities (whether or not operable, and whether or not operating) used by Chugach for generation and/or transmission of electric power, including, in addition to physical generation and/or transmission facilities and facilities associated with the provision of fuel for electric power generation, Chugach's rights and obligations to obtain (by purchase, wheeling, or otherwise) electric power generated by other Page 19 of 23 158 Resolution 2025-073 entities or fuel for the generation of electric power by Chugach, to the extent that the costs of such facilities and rights are allowably included in the rates charged to Chugach's retail consumers. "Impacted Party" has the meaning given to it in Section 6. "Indemnifying Party" or "Indemnified Party" has the meaning given to it in Section 7.1. "Losses" has the meaning given to it in Section 7.1. "Notice" has the meaning given to it in Section 11.6. "Production Reserve Costs" means those costs allocated to that portion of Chugach's power production capacity that represents available power production capacity (including contract power purchases, but not emergency power purchases) in excess of Chugach's system peak requirements. "Prudent Utility Practice" means at a particular time any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry at such time, or which in the exercise of reasonable judgment in light of facts known at such time, could have been expected to accomplish the desired results at the lowest reasonable cost consistent with good business practices, reliability, safety and reasonable expedition. Prudent Utility Practice is not required to be the optimum practice, method, or act to the exclusion of all others, but rather to be a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. Prudent Utility Practice includes due regard for manufacturer's warranties and the requirements of governmental agencies of competent jurisdiction and shall apply not only to functional parts of the Parties' generation, transmission, and distribution facilities, but also to appropriate structures, landscaping, painting, signs, lighting, and other facilities. "RTO" means the Alaska Railbelt Transmission Organization. "Reserves" means the Electric Power needed to avert shortages of capacity and/or energy for the benefit of retail or wholesale consumers that a utility system is obligated to serve and which is available to that system either from facilities or from purchases or other arrangements, which such system is contractually entitled to rely upon for such purposes. "Services" has the meaning given to it in Section 1.5(a). "Seward Gas Option" has the meaning given to it in Section 1.4. "Small Power Projects" means each Eligible Non -Utility Generation facility that has a nameplate capacity of greater than 25 kW, but not greater than 500 kW, is not a net metered generation system, and sells its electric output to Seward. "Term" has the meaning given to it in Section 3. Page 20 of 23 159 Resolution 2025-073 "Third -Party Transaction" has the meaning given to it in Section 2.1. "Total System Demand" means the Seward demand (regardless of whether Seward is receiving power from Chugach or its own generation) registered during that fifteen (15) minute interval for each month in which the sum of each of the following is greatest in that month: (a) the demands metered at the delivery points described in Section 1.8, and (b) the demand on all Seward generation. Seward shall permit Chugach to install, or cause to be installed, suitable metering and registration equipment on its facilities. "Shore Power" means the supply of electric power from a land -based electric utility to a vessel, enabling the vessel to shut down its own onboard generation systems while berthed, thereby reducing emissions, fuel consumption and noise. Shore Power includes the electric capacity and energy supplied at the dock or terminal and is intended for vessels that require a reliable source of power for operational or standby functions during docking or layovers. [Signatures on Following Page] Page 21 of 23 160 Resolution 2025-073 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives as of the date first above written. Chugach Electric Association, Inc. Arthur Miller, Chief Executive Officer City of Seward d/b/a Seward Electric System Kat Sorensen, City Manager Brian Hickey, Electric General Manager [Signature Page to the 2025 Wholesale Power Contract] 161 Resolution 2025-073 Exhibit A Agreement for Joint Use and Maintenance of Facilities [ExhibitA to the 2025 Wholesale Power Contract) 162 Resolution 2025-073 Exhibit A Agreement for Joint Use and Maintenance of Facilities This Agreement for Joint Use and Maintenance of Facilities (this "Agreement"), dated as of , 2025, is entered into between Chugach Electric Association, Inc., an electric cooperative association, organized and existing under the laws of the State of Alaska, with its principal place of business located at 5601 Electron Dr., Anchorage, AK 99518 ("Chugach") and the City of Seward d/b/a Seward Electric System, having its offices at City Hall Annex, 238 5th Avenue, Seward, AK 99664 ("Seward"). Chugach and Seward may hereinafter be referred to as, individually a "Party", and collectively the "Parties". Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the 2025 Wholesale Power Contract entered into on or about the date hereof between the Parties (the "2025 Wholesale Power Contract") and to which this Agreement is attached. RECITALS WHEREAS, the Parties entered into that certain Joint Use Agreement, renewed and effective February 27, 2007, following Order U-06-056(6) (the "2007 JU Agreement") and pursuant to which Chugach's distribution circuits were transferred from Chugach's then - existing electrical distribution poles located in the right-of-way between [Daves Creek] and the [Lawing Substation] to Seward's newly constructed electrical transmission poles (the "Seward Poles") located in a new right-of-way covering the same corridor (the "Right -of -Way"); WHEREAS, further pursuant to the 2007 JU Agreement and as specified in Attachment 1, Chugach owns and operates electrical power distribution underbuild and associated electrical distribution pole attachments (the "Chugach Facilities") while Seward owns and operates the one hundred and fifteen (115) kilovolt transmission line (the "Seward Facilities" and, together with the Chugach Facilities, "Facilities") and Seward Poles (collectively, the "Poles and Facilities"); WHEREAS, the Parties further extended the purposes and intent of the 2007 JU by entering into a Joint Use Agreement, approved by the Regulatory Commission of Alaska on September 20, 2021, (the "2022 JU Agreement"); and WHEREAS, the Parties wish to enter into this Agreement in order to further specify and extend the terms and conditions pursuant to which the Parties shall continue to operate and maintain the Poles and Facilities. NOW, THEREFORE, the Parties hereby agree as follows: AGREEMENT 1. Scope and General Undertakings 1.1. Unless as otherwise provided in this Agreement or the 2025 Wholesale Power Agreement, each Party shall at all times operate and maintain the Poles and Page 1 of 8 163 Resolution 2025-073 Facilities in conformity with Prudent Utility Practice, the laws of the State of Alaska, the National Electric Safety Code ("NESC"), and any other applicable laws, regulations, codes, and ordinances (collectively, "Performance Requirements"). 2. Term and Termination 2.1. Subject to Sections 2.2 and 2.3, this Agreement shall come into full force and effect as of the Effective Date of the 2025 Wholesale Power Agreement until expiration of the Term of the 2025 Wholesale Power Agreement as set forth therein. 2.2. The termination of this Agreement shall not terminate any of (a) the access rights (whether public or private) of Chugach to any rights -of -way, including between Daves Creek and Lawing Substations nor (b) the rights of Chugach to attach Chugach Facilities to the Seward Poles. 2.3. Upon termination of this Agreement, the Parties shall meet and negotiate in good faith to execute a replacement joint use agreement in order that the operation and maintenance of the jointly used Poles and Facilities continues in a safe, efficient, and coordinated manner. 3. No Charges to Chugach 3.1. The Parties agree that Chugach will not accrue, owe or be required to pay any costs, rental fees or otherwise to Seward, its affiliates, or any third parties for the right to attach the Facilities to the Seward Poles, except for those costs specified in this Agreement. 4. Rights -of -Way 4.1. Seward shall ensure that Chugach be named as an additional Party to any rights - of -way held by or for the benefit of Seward within which any Seward Poles are located. 4.2. Each Party agrees to abide by the terms and conditions of any such rights -of - way. 5. Maintenance and Clearing Costs 5.1. Maintenance. (a) Chugach shall be responsible for the repair, replacement, and maintenance of the Chugach Facilities in a safe and serviceable condition in accordance with the Performance Requirements. Seward shall be responsible for the repair, replacement, and maintenance of the Seward CORE/2065927.0034/197968900.3 164 Page 2 of 8 Resolution 2025-073 Facilities in a safe and serviceable condition in accordance with the Performance Requirements. Recognizing the joint use of certain Poles and Facilities, collectively, the responsibility for the repair, replacement, and maintenance of the Poles and Facilities, including Right -of -Way Clearing and clearing work, shall be known as the "Maintenance Work" and shall be coordinated amongst the Parties according to this Section 5.1. (b) For costs which Seward will incur, it shall have sole authority to determine whether Maintenance Work identified in the Scheduled Maintenance Work Plan will be performed by its own personnel, Chugach (at its discretion), or contracted out to Qualified Contractors. The Parties shall be entitled to engage Qualified Contractors to perform such Maintenance Work on their behalf. For purposes of this Agreement, the phrase "Qualified Contractor" means a contractor that possesses the necessary licenses, experience, equipment, and certificates of fitness to perform such Maintenance Work. (c) The Parties shall coordinate regarding Maintenance Work to develop a mutually agreeable five-year maintenance plan for the completion of the Scheduled Maintenance Work (the "Maintenance Plan"). All Maintenance Work, other than Emergency Maintenance Work (as defined below), shall be scheduled in advance with at least sixty (60) days prior written notification (email being sufficient) ("Scheduled Maintenance Work"). The Maintenance Plan shall include the scope, schedule, and estimated budget. For Scheduled Maintenance Work the Parties will coordinate to identify any Qualified Contractor(s) who may be retained to complete the Scheduled Maintenance Work. (d) When Emergency Maintenance Work (as defined below) is required, and when practical, the Parties will coordinate before performing the work. If feasible, either Party shall have the opportunity to perform the work. The Party completing the work shall notify the other as soon as reasonably possible after such Emergency Maintenance Work has been completed (but in no event later than thirty (30) days). For purposes of this Agreement, an "Emergency" is any situation deemed by either of the Parties, at their sole discretion, to pose an imminent danger or threat to the Poles and Facilities, property, public safety or public welfare and "Emergency Maintenance Work" shall be construed accordingly. (e) To the extent reasonably practicable, taking into consideration cost and availability, Chugach crews or Qualified Contractors performing Maintenance Work shall be lodged in Cooper Landing, Moose Pass, or Seward while the work is being completed. CORE/2065927.0034/197968900.3 165 Page 3 of 8 Resolution 2025-073 (f) The Parties shall use commercially reasonable efforts to minimize disruptions to service provided to the other Party under the 2025 Wholesale Power Agreement during Maintenance Work and provide advance notice to the other Party of any anticipated interruptions from such Maintenance Work. (g) The Parties shall ensure that their relevant affiliates, cooperate and coordinate in good faith with the other Party so as to allow the Maintenance Work to be efficiently completed and each Party perform its obligations under this Section 5.1. 5.2. Maintenance and Clearing Costs; Billing. (a) Chugach shall be solely responsible for the cost of Maintenance Work associated with the Chugach Facilities. Seward shall be solely responsible for the cost of Maintenance Work associated with the Seward Poles and Seward Facilities. Each Party shall bill the other Party monthly for any such costs incurred in the performance of its obligations under this Agreement for work done in respect to the other Party's Facilities. (b) Failure to satisfy the advance notification and planning requirements contained in this Section 5 shall absolve the non -breaching Party of any obligation to any costs incurred by the breaching Party associated with such unnoticed and unplanned work. 6. Third Party Attachments 6.1. No third -party attachments to the Seward Poles shall be permitted absent Chugach's prior written consent, such consent not to be unreasonably withheld. 6.2. In addition, no third -party attachments to the Seward Poles shall be permitted absent such third-party's agreement to maintain its attachment in accordance with the specifications and requirements of this Agreement. 7. Future Modifications 7.1. When either Party desires to change the character of its respective Facilities, such Party will give sixty (60) days advance written notice (email being sufficient) to the other Party of such contemplated change in the character of its Facilities. Any such change in the character of the Facilities shall require the mutual agreement of both Parties, and such agreement may not be unreasonably withheld by either Party. All construction changes required to accommodate changes to Facilities (e.g., new circuits) shall meet the specifications and requirements contained in this Agreement. 7.2. If the change in the character of the Facilities requires electrical distribution pole replacements for the sole benefit of Seward, Seward will be responsible for the CORE/2065927.0034/197968900.3 166 Page 4 of 8 Resolution 2025-073 setting of the poles and attachment of Seward Facilities to such electrical distribution poles. Chugach will be responsible for the attachment of Chugach Facilities to such electrical distribution poles for which Seward shall reimburse Chugach for the reasonable costs and expenses associated with such attachment. 7.3. If the change in the character of the Facilities requires electrical distribution pole replacements for the sole benefit of Chugach, Chugach will be responsible for the setting of such electrical distribution poles and the attachment of the Facilities to such electrical distribution poles. 8. Abandonment and Relocation 8.1. If Seward desires at any time to abandon any one or more of the Seward Poles, it shall give Chugach sixty (60) days advance written notice prior to the date on which Seward intends to abandon such pole. If at the expiration of such period Seward has no attachments on such pole but Chugach has not removed all of its attachments therefrom, such pole shall thereupon become the property of Chugach, and Chugach shall hold Seward harmless from all obligation, liability, damages, costs, expenses or charges incurred thereafter but not arising out of or related to events occurring or conditions existing prior to Chugach taking ownership of such pole. Chugach shall pay Seward for such pole an amount as may be mutually agreeable to both Parties. Seward shall further evidence transfer to Chugach of title to the pole by means of a bill of sale (in a form reasonably satisfactory to Chugach in its sole discretion). 8.2. Chugach may at any time abandon use of a Seward Pole by giving reasonable notice thereof in writing to Seward and removing therefrom any and all attachments it may have thereon. 8.3. Should any of the Seward Poles have to be relocated at the direction of any duly authorized federal, state, or local governmental entity, Seward shall, before making such relocation, give Chugach reasonable advance written notice specifying the date and time such relocation is to be completed. Chugach shall at the time so specified transfer its attachments to the relocated pole. In the event that Seward is reimbursed by any governmental entity or its designated parties for the costs of the relocation of the pole and the attachments thereon, Chugach will be entitled to a proportionate share of that reimbursement. Chugach's share of the reimbursement shall be computed as a product of the amount of reimbursement received multiplied by the ratio of Chugach's costs of relocation of Chugach Facilities to the total cost to Chugach and Seward for the relocation of the Facilities. CORE/2065927.0034/197968900.3 167 Page 5 of 8 Resolution 2025-073 9. Damage Reports, Liability, Indemnification/Contribution 9.1. Damage Reports. Each Party shall make an immediate report to the other of any damages caused by the reporting Party to the other Party's Facilities (and those of any other parties on the pole). 9.2. Liability. Liability under this Agreement in tort or for breach of contract or otherwise as between the Parties for damages to property of the Parties, not involving claims of third parties, shall be as follows: (a) Seward shall be liable to Chugach for the reasonable costs for the physical repair of Chugach Facilities damaged due to the negligence, fraud or willful misconduct of Seward (including its affiliates or designated parties acting on its behalf); and (b) Chugach shall be liable to Seward for the reasonable costs for the physical repair of Seward Facilities damaged due to the negligence, fraud or willful misconduct of Chugach (including its affiliates or designated parties acting on its behalf). 9.3. Emergency Actions. Either Party may take any actions (or inactions) as may be necessary in its commercially reasonable opinion in order to protect against, ameliorate, or respond to an Emergency. Neither Party shall be liable to the other Party in any respect (including for any costs), or to the other Party's affiliates or designated parties acting on its behalf, for any costs or damages arising from such actions (or inactions) taken in good faith to address the Emergency 10. Collective Bargaining Agreements 10.1. Neither Party will cause or require the other Party to violate any applicable collective bargaining agreement. 11. Application of Terms of 2025 Wholesale Power Contract. 11.1. As an exhibit to the 2025 Wholesale Power Contract between the Parties, this Agreement is incorporated into the general terms of that document and specifically incorporates herein mutatis mutandis Sections 6 (Force Majeure), 7 (Indemnification and Limitation of Liability) 8 (Insurance), 9 (Default and Dispute Resolution), 10 (Right of Access and Removal), and 11 (Miscellaneous) by reference. Those provisions shall continue as applicable by reference to this Agreement for the Term regardless of any earlier termination of the 2025 Wholesale Power Contract. [Signature Page Follows] CORE/2065927.0034/197968900.3 168 Page 6 of 8 Resolution 2025-073 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. Chugach Electric Association, Inc. Arthur Miller, Chief Executive Officer City of Seward d/b/a Seward Electric System Kat Sorensen, City Manager Brian Hickey, Electric Utility Director C0RE/2065927.0034/ 197968900.3 [Signature Page to 2025 Joint Use Agreement) 169 CROWN POINT SEWARD MOUSE L `44'7454 LSCJ.`.f 749kV 452 • PApS-- �_—�__� N.::. N.C. i��--_4fC A�57 — 3E MI I K721 K727 • N.C. N.C_ K714 K72'6 115k V• • II-1x I l4 —AI-� 1.5M VA r 1 -v,r, �4 `/1-, .Kv I 7121 1 ISZ-1 I IH`cUkV }115kV 2.: a Ip CCC[ I TRANSRUPTER 20 Ii-AN.`.-tl.f-7E, N744 b755 L_ _I L J lrarr�rnis�iun Sv_tcrn I]>�vet Creek — Fward Attachment I POLES AND FACILITIES T1�AVJi.:" I {c1 COOPER LANI:INC (AL} 1 NOTE: F12? IS SS DISCONgEtT I :51 `E1 uuI ER > nnlmv (CO) j • �: p 12-5 MVA i ..., N1.Ih FY[.I C ':-' I.h '..1- h.I 5�1 - C. PEEK SSMVAR TCR 5547C SMVAR H 2NU I :'.`.1 `: 1OMVAR r / 5Th I ht1.' @7U / _L 1CMV'A, { / H f2715 '-TA !WC `_ STA SVC 1 151 Resolution 2025-073 151. 7 7• 2� MVA /'` {` J ✓ 170 Docusign Envelope ID: EB3032CD-B3B6-441C-9E46-BF34B883D3DC 4 Alaska Small Business ''A Development Center ALASKA SBDC LJAA BUSINESS ENTERPRISE INSTITUTE July 11, 2025 City of Seward 410 Adams St Seward, AK 99664 Dear Seward Community, This letter serves as our quarterly report for the period of April 1 to June 30, 2025. Seward Business Advisor KellyAnn Cavaretta initiated preliminary planning for the Seward Port Partners project, working closely with Royal Caribbean and key local stakeholders to design the program's framework and identify available resources. In her role as SBDC Advisor, she explored opportunities to integrate curriculum and provide mentorship to support Royal Caribbean's small business development efforts in Seward this fall. This exciting initiative is expected to deliver grants to local small businesses, strengthening the economy as the cruise line enters the community. KellyAnn continued her client satisfaction hot streak, with her 100% positive survey responses now extending to 14 consecutive quarters. Here is a summary of deliverables to the Seward community during the quarter (year): Client Hours: 111.7 (233.4) Total Clients: 43 (68) New Businesses Started or Bought: 3 (8) Jobs Supported: 131 (208) Capital Infusion: $42,000 ($2,110,192) Client Surveys: 100% positive (100% positive) The next section provides lists of the top advising topics and top industries obtaining technical assistance from the Alaska SBDC in Seward. Advising entrepreneurs buying and selling a business returned to the topics list, rocketing into the first position for the quarter, while startup assistance dropped from first to fifth. Regarding industries working with the SBDC, rental and leasing moved atop the list for the first time, followed by a relatively even mix across a half dozen industries. Topics 1. Buy/Sell Business: 35.7 hrs (32%) 2. General Management: 20.8 hrs (19%) 3. Financing/Capital: 17.6 hrs (16%) 4. Financial Planning. 14.4 hrs (13%) 5. Start-up Assistance: 10.2 hrs (9%) Industries 1. Rental and Leasing: 19.8 hrs (18%) 2. Retailers: 17.9 hrs (16%) 3. Accommodations: 11.5 hrs (10%) 4. Food Services: 11.0 hrs (10%) 5. Transportation: 10.8 hrs (10%) We would like to thank the City of Seward for supporting the Seward Business Advisor position. KellyAnn has truly excelled in her role as the Seward advisor, and we deeply appreciate the knowledge, enthusiasm, and energy she consistently brings to our team. Please do not hesitate to contact us if you have any questions. Sincerely, DocuSigned by: c 98AFA012679B4D7... Jon Bittner Executive Director Alaska SBDC & www.AKSBDC.org C. (907) 786-7201 ALASKA SBDC CENTERS G 1901 Bragaw Street, Suite 199, Anchorage, AK 99508 Anchorage • Fairbanks • Juneau • Kenai Peninsula • Ketchikan • Mat -Su Valley Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 May-25 Dec-24 ACTUAL LAST MONTH LAST YEAR END ASSETS: CURRENT ASSETS: CASH & CASH EQUIVALENTS 100100-CHECKING GENERAL 1,092,717 5,008,119 878,791 100107-CHECKING MANUAL CLEARING 3,915,402 0 0 100400-PETTY CASH IMPREST 500 500 500 TOTAL CASH & CASH EQUIVALENTS 5,008,619 5,008,619 879,291 SYSTEM POOLED CASH: 100901-VIRTUAL CASH BALANCES (7,816,910) (6,403,395) (5,876,577) TOTAL SYSTEM POOLED CASH (7,816,910) (6,403,395) (5,876,577) ACCOUNTS RECEIVABLE: 102010-PATIENT AR EPIC HB 10,338,596 8,392,233 8,080,822 102020-Patient AR Epic PB 964 964 964 102060-PATIENT AR OTHER 17,954,859 17,954,859 16,824,867 102110-PATIENT AR CR CONTRA EPIC HB 0 283,261 1,136,716 102130-PATIENT AR CR CONTRA OTH AR SYS 0 73,999 71,419 102810-CASH CLEARING EPIC HB (2,076,593) (3,580,209) (844,993) 102820-CASH CLEARING EPIC PB 169 169 0 102830-CASH CLEARING OTHER AR SYS 431 431 5,765 102811-AR CLEAR EPIC SUSPENSE HB 16,023 16,023 16,023 TOTAL ACCOUNTS RECEIVABLE 26,234,449 23,141,729 25,291,583 LESS ALL FOR DBTFL ACT: 104110-BAD DEBT AR EPIC HB 995,168 995,168 995,168 104210-BAD DEBT AR CONTRA EPIC HB (249,991) (249,991) (249,991) 104220-BAD DEBT AR CONTRA EPIC PB 40,136 40,136 40,136 172 Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 May-25 Dec-24 ACTUAL LAST MONTH LAST YEAR END 104330-ALLOW FOR BAD DEBTS OTHER AR (4,947,805) (4,947,805) (3,858,549) 104410-BAD DEBT RECOVERIES EPIC HB AR (745,177) (745,177) (745,177) TOTAL ALLOW FOR DOUBTFUL ACCTS (4,907,669) (4,907,669) (3,818,413) LESS ALLOW FOR CONTRACTUALS: 104910-ALLOW FOR CONTRACT ADJ EPIC HB 0 (3,655,742) (4,844,882) 104930-ALLOW FOR CONTRACT ADJ OTHER (5,351,063) (5,351,063) (4,157,336) TOTAL ALLOW FOR CONTRACTUALS (5,351,063) (9,006,805) (9,002,218) NET ACCOUNTS RECEIVABLE 15,975,716 9,227,255 12,470,953 OTHER RECEIVABLES: 105100-COST REPORT SETTLES MCARE 818,980 818,980 818,980 106300-GRANTS RECEIVABLE 111,985 104,749 104,749 106916-AR OTHER 1,485,191 1,485,191 1,485,191 106923-NONPATIENT AR ORACLE 45,409 42,592 26,316 TOTAL OTHER RECEIVABLES 2,461,564 2,451,511 2,435,235 SUPPLIES INVENTORY AT COST: 108100-INVENTORY 56,561 55,115 47,338 108101-INVENTORY CLEARING 37 0 0 108103-INVENTORY PHARMACY 88,387 88,387 88,387 TOTAL SUPPLIES INVENTORY 144,986 143,502 135,726 OTHER CURRENT ASSETS: 112901-DEPOSITS 1,700 1,700 0 TOTAL OTHER CURRENT ASSETS 1,700 1,700 0 TOTAL CURRENT ASSETS 15,775,675 10,429,191 10,044,628 ASSETS WHOSE USE IS LIMITED: GROSS PROPERTY, PLANT & EQUIP: 173 16 Providence lr PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 ACTUAL May-25 LAST MONTH Dec-24 LAST YEAR END 123009-Leasehold Improvements Non Genesis (18,594) (18,594) (18,594) 122100-BUILDINGS 417,513 417,513 417,513 122500-FIXED EQUIPMENT 108,935 108,935 33,251 124100-MOVABLE EQUIPMENT 1,323,904 1,323,904 1,313,891 124101-MOVABLE EQUIPMENT LEASED 487,300 487,300 487,300 124109-Movable Equipment Non Genesis (895,047) (895,047) (895,047) 125000-CONSTRUCTION IN PROGRESS 915,264 893,971 791,462 TOTAL GROSS PROP PLANT & EQUIP 2,339,275 2,317,982 2,129,776 LESS: ACCUMULATED DEPRECIATION 127500-ACCUM DEPREC FIXED EQUIP 0 0 (739) 129100-ACCUM DEPREC MOVABLE EQUIP (301,248) (301,248) (301,248) 129101-ACCUM DEPREC MOVABLE EQUIP LEASED (419,285) (411,230) (370,955) TOTAL ACCUMULATED DEPRECIATION (720,533) (712,478) (672,942) NET PROPERTY, PLANT & EQUIP 1,618,742 1,605,504 1,456,834 OTHER ASSETS: OTHER (INCL. LT INVESTMENTS): 135008-OTHER LONG TERM ASSETS 1,696,841 1,696,841 2,116,037 135003-BENEFICIAL INTEREST IN CHARIT FOUND 36,934 36,934 46,833 135201-ROU ASSET OPER LEASES BLDG 1,420,325 1,420,325 1,271,814 135203-ACCUMULATED AMORTIZATION BUILDING (327,682) (303,020) (176,831) TOTAL OTHER (INCL LT INVEST) 2,826,418 2,851,079 3,257,853 TOTAL ASSETS 20,220,835 14,885,774 14,759,315 LIABILITIES & NET ASSETS: CURRENT LIABILITIES: 174 Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 May-25 Dec-24 ACTUAL LAST MONTH LAST YEAR END ACCOUNTS PAYABLE: 202010-AR CREDIT BAL EPIC HB 0 283,261 1,136,716 202030-AR CREDIT BAL OTHER 0 73,999 71,419 202100-AP TRADE PAYABLES 296,367 274,895 458,956 202110-AP MAN ACCR AGENCY 0 112,141 200,859 202113-AP MAN ACCR SUPPLIES 0 17,072 5,138 202114-AP MAN ACCR PURCH SVCS 0 20,679 43,789 202115-AP MAN ACCR UTILTIES 0 65,259 35,460 202910-AP SYS ACCR PO RECEIPT 54,068 55,256 46,952 202911-INVENTORY MATCHED NOT RECEIVED 4,748 4,822 2,747 202914-PATIENT REFUNDS EPIC HB 0 0 21,867 202915-PATIENT REFUNDS EPIC PB 0 0 (169) 202917-PATIENT REFUNDS OTHER 162,776 122,795 162,776 TOTAL ACCOUNTS PAYABLE 517,958 1,030,179 2,186,510 ACCRUED COMPENSATION: 203200-ACCRUED VACATION HOLIDAY SICK PAY 709,421 709,421 630,535 203301-ACCRUED PERFORMANCE AWARDS 141,913 131,586 140,739 203800-UNEMPLOYMENT PAYABLE 0 2,932 0 203911-OTHER PAYROLL DEDUCTIONS (4,973) (4,973) (4,973) TOTAL ACCRUED COMPENSATION 846,361 838,966 766,300 PAY TO CONTRACTUAL AGENCIES: 206100-REIMB SETTLE DUE MCARE (790,793) (790,793) (1,202,093) 206301-REIMB UNALLOCATED 17,000 17,000 17,000 TOTAL PAYABLE TO CONTRACTUALS (773,793) (773,793) (1,185,093) DEFERRED/UNEARNED REVENUE: 175 Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 May-25 Dec-24 ACTUAL LAST MONTH LAST YEAR END 210300-DEFERRED REV MISC (311,479) (305,404) (304,205) 210304-DEFERRED REV GRANTS 341,039 341,039 341,039 TOTAL DEFERRED/UNEARNED REVENUE 29,560 35,635 36,834 OTHER CURRENT LIABILITIES: 204301-SALES AND USE TAX PAYABLE 124 91 151 210950-CP OF LTAOPERATINGALEASES 172,216 172,216 210913-OTHER CURRENT LIABILITIES 277,236 277,236 277,236 210941-OPERATING LEASE CLEARING 14,000 14,000 (6,800) 210942-FINANCE LEASE CLEARING (24,239) (18,315) (14,958) TOTAL OTHER CUR LIABILITIES 439,338 445,228 255,629 CURRENT PORTION OF LT DEBT: 210918-CURRENT PORTION LEASES 96,795 96,795 (70,713) 210919-CURRENT PORTION OTHER DEBT 0 0 0 TOTAL CUR PORTION OF LT DEBT 96,795 96,795 (70,713) TOTAL CURRENT LIABILITIES 1,156,219 1,673,010 1,989,469 LONG-TERM DEBT: OTHER: 227404-FINANCE LEASE OBLIG EQUIPMENT (24,377) (15,997) 193,047 TOTAL OTHER (24,377) (15,997) 193,047 TOTAL LONG-TERM DEBT (24,377) (15,997) 193,047 OTHER LONG-TERM LIABILITIES: 227400-LT PORTION OPERATING LEASES 944,373 955,321 1,036,130 227900-OTHER LONG TERM LIABILITIES 1,913,777 1,913,777 1,908,331 TOTAL OTHER L-T LIABILITIES 2,858,150 2,869,098 2,944,461 TOTAL LIABILITIES 3,989,992 4,526,111 5,126,977 176 Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Balance Sheet Detail Report Reported as of June 2025 All Department Values All Location Values Printed On:06 26 2025 @ 8:49 Printed By: benjamin.carver@providence.org Page No: 1 ACCOUNT Jun-25 May-25 Dec-24 ACTUAL LAST MONTH LAST YEAR END NET ASSETS: UNRESTRICTED NET ASSETS: 271000-UR NET ASSETS 271500-RETAINED EARNINGS 4000AA-Net Income 271903-UR OTHER ITEMS TOTAL UNRESTRICTED NET ASSETS TEMPORARILY RESTRICTED NA: 280000-TR NET ASSETS OTHER 280015-TR NET ASSETS INC FROM RECIPT ORG TOTAL TEMP RESTRICTED NET ASTS TOTAL NET ASSETS TOTAL LIABILITIES & NET ASSETS (24,154, 370) (24,154, 370) (20,476,375) 33,732,909 33,732,909 28,621,365 6,615,077 743,898 5,111,487 293 293 (3,678,001) 16,193,909 10,322,730 9,578,476 46,833 46,833 45,282 (9,899) (9,899) 1,551 36,934 36,934 46,833 16,230,843 10,359,663 9,625,308 20,220,835 14,885,774 14,752,285 177 Providence PROV Care Delivery Ledger 1000-SEWARD MEDICAL CENTER Providence GL Income Statement Summary Report Reported as of June 2025 All Department Values All Location Values Month -To -Date Printed On:06 26,2025 @8:46 Printed By: benjamin.carver@providence.org Page No: 1 Year -To -Date Actual Budget Varian Actual Budget Variance Pr. Year Variance 4000EA-Gross Service Revenues 4,103,814 4,950,609 (846,795) 25,009,915 24,043,886 966,029 24,452,411 557,504 5000EF-Deductions From Revenue 2,961,310 (1,680,135) 4,641,445 (5,725,483) (8,173,733) 2,448,250 (8,240,800) 2,515,316 Net Service Revenue 7,065,124 3,270,475 3,794,649 19,284,432 15,870,153 3,414,279 16,211,611 3,072,821 4900EA-Capitation Revenue 4900EF-Premium Revenue 4900EK-Other Operating Rev Total Net Operating Revenues Expenses from Operations: 6000DA-Purchased Healthcare Expenses Other Expenses from Operations: 7000FA-Salaries and Wages 7100FB-Employee Benefits 7200EG-Professional Fees Expense 7300EJ-Supplies Expense 7600EM-Purchased Services Expense 7700FA-Depreciation Expense 7750FA-Interest and Amortization 7750EV-BAD DEBTS 7750EY-Other Expenses Other Expenses from Operations Total Operating Expenses Net Operating Income 8000BF-Non Operating Gains Losses Net Income 2710GK-UR Net Assets Other Activities Increase (Decrease) in UR Net Assets 16,129 23,805 (7,677) 71,951 143,625 (71,674) 144,418 (72,467) 7,081,253 3,294,280 3,786,973 19,356,383 0 0 16,013,778 3,342,605 0 0 623,567 1,400,262 (776,696) 7,724,357 266,206 277,352 (11,147) 1,989,663 1,212 1,900 (688) 13,203 137,616 140,220 (2,604) 728,681 110,738 319,274 (208,535) 1,337,275 8,055 6,927 1,128 47,591 212 352 (139) 1,637 62,467 133,813 (71,346) 898,860 1,210,073 2,280,100 (1,070,027) 12,741,266 1,210,073 2,280,100 (1,070,027) 12,741,266 5,871,180 1,014,180 4,857,000 6,615,117 0 0 (40) 5,871,180 1,014,180 4,857,000 6,615,077 0 0 293 16,356,030 3,000,354 0 0 8,393,280 (668,923) 8,093,376 (369,019) 1,681,135 308,527 1,530,497 459,166 11,464 1,740 10,875 2,329 706,077 22,604 687,390 41,291 1,926,290 (589,015) 1,780,998 (443,723) 41,793 5,798 42,024 5,567 2,122 (485) 2,133 (497) 807,340 91,520 819,270 79,590 13,569,501 (828,234) 12,966,563 (225,297) 13,569,501 (828,234) 12,966,563 (225,297) 2,444,278 4,170,839 3,389,466 3,225,651 (40) 0 (40) 2,444,278 4,170,800 3,389,466 3,225,611 293 (3,678,112) 3,678,405 5,871,180 1,014,180 4,857,000 6,615,370 2,444,278 4,171,093 (288,646) 6,904,017 178 July02 025 July 2025 Th August SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 29 30 Jul 1 2 3 4 5 1 7-00pm PE47 Mtg] Independence Day 6 7 8 9 10 11 12 13 14 15 16 17 18 19 7:OOpm CC Mtg l 1 6:OOpm P&Z WS l 20 21 22 23 24 25 26 27 28 29 30 31 Aug 1 2 7.00pm CC Mtg l Council Calendar 1 179 7/10/2025 1:55 PM August 2025 225 August 2025 September h Fr SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 2223 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 27 28 29 30 31 Aug 1 2 3 4 5 6 7 8 9 7:OOpm PR/7 Mtg] 10 11 12 13 14 15 16 7.00pm CC Mtg 17 18 19 20 21 22 23 6:OOpm P&Z WS 24 25 26 27 28 29 30 7.00pm CC Mtg 31 Sep 1 2 3 4 5 6 Council Calendar 2 180 7/10/2025 1:55 PM