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Sponsored by: Hunt
Introduction: August 27, 2012
Public Hearing: September 10, 2012
Enactment: September 10, 2012
CITY OF SEWARD, ALASKA
ORDINANCE 2012-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
4. ALASKA, REVISING SEWARD CITY CODE CHAPTER 14.05 (GARBAGE
AND REFUSE), INCREASING ALLOWABLE CONTAINER SIZES,
CHANGING "OCCUPANT" TO "OCCUPANT AND/OR OWNER", AND
REQUIRING BEAR-RESISTANT DUMPSTER LIDS AND/OR CONTAINERS
FOR REPEAT ATTRACTIVE NUISANCE VIOLATIONS
WHEREAS, the City of Seward ("City"), by its Charter and Ordinances provides for the
sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the
City and its service areas through a franchise agreement with a refuse contractor; and
WHEREAS, the Alaska Public Utilities Commission has been replaced with the Regulatory
Commission of Alaska, necessitating housekeeping changes to the Garbage and Refuse Code; and
WHEREAS, changes to the City Code are necessary to reflect recent modernizations in the
system of refuse collection to accommodate larger container sizes; and
Imo WHEREAS, the City desires to improve public safety by minimizing negative
bear/human/garbage encounters by imposing fines on individuals who fail to prevent access to their
garbage by bears, and by requiring repeat offenders to utilize locking dumpster lids and/or bear-
resistant dumpsters and/or garbage cans during the months of May through October, to minimize such
encounters; and
WHEREAS, the City works cooperatively with local agencies and interested parties to protect
public safety by minimizing bear/garbage/human encounters, and by modifying the Garbage and
Refuse Ordinance, can add incentives for local citizens and businesses to more responsibly containerize
their garbage in such a way as to not attract bears.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. Seward City Code Section 14.05.010 Refuse Service Provided and Required is
amended as follows:
Strikeetit= Delete Bold =New
(a) Every person occupying and/or owning a building or building site within the city
shall use the system of refuse disposal provided in this chapter, unless the person
utilizes a carrier holding a valid permit from the • : o ' • : •• - • • •- - ' "• •
"' Regulatory Commission of Alaska. - . - ' • '
requirement.
CITY OF SEWARD, ALASKA
ORDINANCE 2012-008
(b) The city shall either provide or contract for collection and disposal of refuse. The
r
public works department of the city or the contractor shall prescribe routes and days
for collection. When such routes or days are established or changed, reasonable
notice thereof shall be given to affected customers. No other carrier other than one
authorized by the • - : ' . •• - ' • •- - - --• •. - Regulatory Commission of
Alaska may collect, dispose, or remove refuse from any premises in the city.
Nothing in this section shall be deemed to prohibit an occupant and/or owner from
removing or causing the removal of refuse accumulated on the premises occupied by
him and disposing of the same in a lawful manner. (Ord. 415, 1975; Ord. 428, 1976;
Ord. 504, 1982)
Section 2. Seward City Code Section 14.05.025(a) Use of Containers and Placement is
amended as follows:
Stfikeeut= Delete Bold =New
(a) Every person occupying and/or owning a building in the city shall provide
containers suitable for collection of refuse. All refuse such as vacuum cleaner dust,
non-explosive liquids, sweepings and other refuse that poses a hazard to collection
or risk of spillage in normal collection shall be individually packaged prior to
placement in a container.
Section 3. Seward City Code Section 14.05.030(a) Container Specifications Generally is
amended as follows:
Strikeout= Delete Bold =New
(b) All containers shall conform to the following minimum specifications:
(1) Shall not exceed 40 96 gallons capacity;
(2) Shall not exceed b-5 220 pounds when filled;
(3) Shall not exceed 30 65 pounds empty weight;
(4) Shall be watertight with an animal-proof lid and of adequate
durability for continued use. No corrugated cardboard box shall be used
except as herein provided. No 50 or 55 gallon steel petroleum drums or
the like shall be permitted, whether cut down or otherwise altered.
Section 4. Seward City Code Section 14.05.035 Container Racks is amended as follows:
Strikeout= Delete Bold = New
Containers or container racks shall be designed so as to prevent the upsetting or spillage
by wind, weather, animals, or accident. : • .••- . . - :•- . -= -= -
. , •_ • - . . Violation of this section due to bear attractants is
subject to a fine of$100.00 for each offense. The fine for the first offense only will
be waived upon proof of purchase or lease of the appropriate containment
measure (e.g. locking dumpster lid, bear-resistant dumpster, or bear-resistant
1p, CITY OF SEWARD, ALASKA
ORDINANCE 2012-008
.
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.w garbage can), provided the containment measure is in place within 30 days of the
date of the violation. More than one violation of this section by dumpster
customers will require the occupant and/or owner to obtain a locking dumpster lid
or bear-resistant dumpster for the period May through October. In addition to
the $100 fine, more than one violation of this section by customers utilizing
garbage cans will require the occupant and/or owner to purchase or lease a bear-
resistant garbage can.
(a) Containers or container racks shall not be placed on the public right-of-way.
(Ord. 504, 1982; Ord. 95-06)
Section 5. This ordinance shall take effect 10 days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 101" day of September,
2012.
THE CITY OF SEWARD, ALASKA
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(- -4..V,) /-- k
David Seaward, Mayor
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
J hanna , CMC /1-V
C ity Clerk
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(City Seal) +�4 Or ,..,::44....,
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Council Agenda Statement
e{uF sets.
Meeting Date: August 27, 2012 ,, 1
44.-Asvc"
Through: James Hunt, City Manager
From: Kristin Erchinger, Finance Director '
ki
Agenda Item: Garbage and Refuse Ordinance
BACKGROUND & JUSTIFICATION:
The City of Seward is pursuing a franchise agreement for solid waste collection services which
will take effect January 1, 2013. In the course of preparing for a new agreement, staff reviewed
the City's current Refuse Tariff and the City Code Chapter 14.05 Garbage and Refuse, and
propose a number of changes to address the following: 1) housekeeping to replace verbage
referencing the former Alaska Public Utilities Commission with its replacement agency, the
Regulatory Commission of Alaska; 2) recent modernizations in the system of refuse collection
require replacing the out-dated garbage can sizes with the new larger capacity can sizes; 3)
replacing the term "occupant" with "occupant and/or owner" to allow for better enforcement on
properties without a current occupant; 4) specifying the condition under which a person may be
exempted from paying for refuse (only if the person pays for refuse at a separate location within
the City); and 5) measures aimed at minimizing bear/human/garbage encounters include
encouraging the use of bear-resistant garbage cans, and mandating the purchase of those cans
and/or bear-resistant dumpster lids for individuals or entities who do not take proper measures to
contain garbage to deter bear encounters.
The City of Seward police department, community development department, and administration
have been working cooperatively with other local agencies and interested parties to consider
ways to reduce incidents involving bear/human/garbage interactions. The Seward Wildlife
Community Conservation Program ("SWCCP") was formed in 2008 with the goal of conserving
wildlife and their habitat in the Seward area. They receive guidance from the Alaska Department
of Fish and Game, and were instrumental in receiving grant funds from the U.S. Fish & Wildlife
Service and Conoco Phillips, to provide for the subsidized sale of bear resistant garbage cans in
the Seward area, at 25% of the full cost of the cans. This effort resulted in the sale of more than
650 bear-resistant garbage cans, half of which are assumed to have been purchased by local
residents. The SWCCP and its partners continue to work with the City and have made a number
of recommendations to the City to reduce bear attractants, which are incorporated into the
proposed Code revisions.
One material proposed revision to the Code, involves an attempt to incentivize local residents to
properly contain their garbage to reduce bear attractants. A proposed fine of $100 has been
added to the Code, for containers and/or racks which do not properly prevent garbage from being
spilled by "wind, weather, animals, or accident." An additional penalty has been added to the
Code for multiple violations involving bears; multiple violations involving dumpsters will
require the occupant and/or owner to obtain a locking dumpster lid or a bear-resistant dumpster
(both available from the contractor) during the months May through August, and multiple
violations involving garbage cans will require the occupant and/or owner to purchase or lease a
bear-resistant garbage can (also available from the contractor).
The City has also worked with the current refuse contractor to identify additional revisions to the
City Code. The proposed modifications to increase garbage can maximum capacity sizes based
on newer inventories such as bear-resistant garbage cans, were suggested by the refuse
contractor, as follows: from the current maximum 40 gallon capacity to the proposed 96 gallon
capacity; from the current 65 pound maximum filled weight to the proposed 220 pounds filled
weight; and from the current 30 pound maximum empty weight to the proposed 65 pounds
empty weight.
The administration recommends approval of the proposed changes to the Garbage and Refuse
Chapter of the Seward City Code.
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan: Page 11- Community Appearance, Page 13-City X
Government, Page 26- Public Facilities.
2. Strategic Plan: Page 4-Nautural, Promote a Safe Community-Page 18 X
3. Other(list): X
ATTORNEY REVIEW: Yes X No
FISCAL NOTE:
These proposed revisions will not result in additional costs to the City, or additional revenues.
Approved by Finance Department: ,Mt.,
RECOMMENDATION:0Ydt mat, l 0°3
Council approve -Re , approving modifications to Seward City Code Chapter
14.05 Garbage and Refuse.
Seward, AK Code of Ordinances Page 1 of 12
4q/) 1)6
4glig Chapter 14.01. - General Provisions
FOOTNOTE(S):
--- (2) ---
See § 7.10.222 as to unauthorized utility connections in the small boat harbor; see § 9.05.238 as to
discontinuance of electric and water service due to the presence of a vicious dog; see §§ 13.01.015 and
13.01.020 as to permit requirements for utility service excavation in rights-of-way.
14.01.010. - General provisions.
The general provisions apply to all utility services provided by the city. In the event of a conflict
between these general provisions and a specific provision addressed to a particular type of service, the
latter shall prevail.
(Ord. 504, 1982)
14.01.015. - Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be
as follows:
Applicant. Means a person, including a corporation, partnership, association, and governmental
unit or agency, who requests utility service or the extension of utility facilities under these provisions
and who may be synonymous, as circumstances permit, with "developer," "owner," "contractor,"
"builder," and similar terms associated with the improvement and development of real property and
the construction of buildings and related improvements and their heirs, successors.
BOD (denoting biochemical oxygen demand). Means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 20
degrees Centigrade, expressed in milligrams per liter.
Building drain. Means that part of the lowest horizontal piping of a drainage system which receives
the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it
to the building sewer, beginning five feet(1.5 meters) outside the inner face of the building wall.
Building sewer. Means the extension from the building drain to the service connection or other
place of disposal.
Class of service. Means the type of service rendered by the city to a customer under a particular
rate schedule.
Clean-out. Means a pipe inserted into the sewer extension through which a cleaning device can be
inserted into the sewer extension.
Collection system. Means the system of public sewers to be operated by the city and designed for
the collection of sewage.
Combined sewer. Means a sewer receiving both surface runoff and sewage.
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Commercial service—Non-demand metered. This classification applies to single phase, nondemand
metered general lighting, incidental power, and other services used by commercial and industrial
enterprises whose demand capacity is less than 25 KW, and by multiple dwelling units when supplied
through one meter. A residential service through which an additional service point not directly
associated with the primary residence is likewise serviced will be billed under this schedule. Customers
will be classified as non-residential unless they are clearly a residential account. The burden of proof
will be on the customer.
Commercial service—Demand metered. This classification applies to demand metered general
lighting, incidental power, and other services used by commercial and industrial enterprises whose
demand is equal to or greater than 25 KVA.
Commercial user. Means a person or premises used for commercial or business purposes which
discharges domestic waste, not industrial waste.
Composite. Means the make-up of a number of individual samples so taken as to represent the
nature of sewage or industrial wastes.
Constituents. Means the combination of particles or conditions which exist in the industrial wastes.
Contribution-in-aid-of-construction. Means that sum of money representing the cost of making
additions or modifications to utility distribution facilities and underground installations, which the
applicant or customer must pay as a condition precedent to installing the facilities requested, and
which becomes the property of the city and is not otherwise subject to refund to the contributor.
Customer. Means the person, partnership, corporation or entity in whose name a utility account is
held and the occupant, resident or tenant of any premises served by a city utility. In those cases where
a utility service is not separately metered to individual tenants in a building, the landlord/owner shall
be considered a customer.
Demand. Means the maximum rate of delivery of electric energy during a month, measured in
kilowatts (KW) registered over a 15-minute period by a demand meter.
Domestic waste. Means any sewage emanating from residential dwellings or from domestic
activities by or for private citizens having a BOD of less than 250 ppm and/or a total suspended solids
of less than 250 ppm.
Economically feasible. Means an extension of distribution facilities will be considered economically
feasible if anticipated annual revenue from the project will recover all annual costs plus reasonable
margins to provide service to that point, and that this balance of revenue to costs/margins can
reasonably be expected to continue for the service life of the facilities constructed for the requested
service extension.
Electric service. Means the availability of electric energy at the point of delivery for use by the
customer, irrespective of whether electric energy is actually used.
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Engineering. Includes the preparation of electric layouts, designs, specifications, and other drawings
and lists associated with electric construction. It also includes, but is not limited to, making
construction estimates, inspecting construction for conformance with design criteria and
specifications, staking, right-of-way acquisition, and similar and related activities necessary to the
technical planning and installation of electric distribution facilities.
Garbage. Means all animal and vegetable refuse from food or food preparation, dead animals and
the accumulation from restaurant grease traps, but not dish water nor wastewater, ice, salt and similar
materials.
Industrial. This classification applies to electrical services with demand equal to or greater than 750
KW. Industrial services with demand of equal to or greater than 5,000 KW will be served by contract
only, and only by cost-based rates of those services.
Industrial user. Means a person or premises which discharges sewage having the characteristics of
industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/or
which has a total suspended solids of 250 ppm or greater.
Industrial wastes. Means the sewage from industrial manufacturing processes, trade, or business as
distinct from domestic waste.
Key box(curb valve, curb cock). Means the shut-off point for water service, which is the property of
the customer.
Mobile home. Means manufactured housing, as defined in section 8.15.110 of this code, built on a
chassis and/or in accordance with Department of Housing and Urban Development standards
contained in Code of Federal Regulations Title 24, Chapter 20. A mobile home shall be construed to
remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch,
or other appurtenances of mobility are removed and regardless of the nature of the foundation
required.
Mobile home park. Means any parcel, or adjacent parcels of land in the same ownership, which is
used for occupancy by two or more mobile homes. The term does not include camper parks as defined
in section 8.15.110 of this code.
Multiple residential structures. Means any building or collections of buildings having common walls,
containing two or more residential units, which include such common residential arrangements as
apartments, townhouses, row houses and condominiums.
Natural outlet. Means any outlet into a watercourse, pond, ditch, lake, or other body of surface
water or ground water.
On-site sewage disposal. Means the use of any privy, cesspool, septic tank or similar facility for
disposal of sewage which is not connected to the collection system.
Permanent electrical service. Means service entrance and metering equipment installed at a given
location with intent to remain for the useful service life of the city's electrical facilities constructed for
that service. The equipment will be mounted on a city pole, or customer's building or other structure
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on a permanent, non-moveable foundation. The city reserves the right of final determination of
whether a service will be classified permanent. All facilities will be designed and installed in accordance
with applicable codes, standards and practices of the industry for the class of service offered.
pH. Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Point of delivery. Is that predetermined location where the city terminates its equipment or
conductors and connects with the customer's equipment or conductors.
Premises. Means the real property of the customer in a single location being served by the city.
Pretreatment. Means that physical treatment given to sewage prior to discharge into the collection
system, or those processes utilized for this purpose.
Primary service. Means the conductors and equipment necessary to supply the customer with
electricity at the available primary voltage above 480 volts.
Primary voltage. Means the voltage supplied to the high voltage side of distribution transformers,
which include three-phase service 7,200/12,470 and 14,400/24,900.
Properly shredded garbage. Means the remnants from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will be carried freely under the flow
conditions normally prevailing in the collection system, with no particle greater than one-half inch (1.27
centimeters) in any dimension or overall.
Public sewer. Means any sewer collection system operated by or under the authority of the city.
Public works department. Means the city of Seward public works department.
Raceway. Means a channel for holding wires, cables, or busbars, which is designed expressly and
used solely for that purpose.
Receiving waters. Means those natural outlets into which sewage is discharged.
Refuse. Means all garbage, rubbish and waste material.
Residential or domestic user. Shall mean a person or premises who discharges an average normal
volume of domestic waste to the collection system.
Residential service. Means the providing of a utility to a single-family dwelling. Except for"home
occupations" as defined in sections 15.10.140 and 15.10.240 of this Code, activities of a nature
requiring a business license, advertising, or whose profits and expenses are shown against federal
income taxes will be classified as "commercial."
Rubbish. Means tree and plant trimmings, paper products, rags, rubber, carpets, clothing, straw
packing, packing materials, furniture and all other kinds of combustible waste material which ordinarily
accumulates in the operation of a household or business. "Rubbish" does not include manure or waste
from any yard or stable.
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Sanitary sewer. Means a sewer which carries sewage and to which storm, surface, and ground
waters are not intentionally admitted.
Secondary service. Means service at available voltage of 480 volts or less.
Secondary voltage. Means the voltage for delivery directly to the service entrance of the customer,
i.e., the low voltage side of a distribution transformer, or utilization voltage.
Security lights. Means a fixture or fixtures installed to illuminate private homes and areas, including
places and areas to which the public has access but which are privately owned and controlled.
Service. Means the furnishing of a utility to a given location.
Service connection. Means the pipe and appurtenances required to connect an individual property
or facility to the sanitary sewer. The service connection shall start at the collection system and
terminate at the property line or easement limit and shall not include the building sewer.
Sewage. Means any combination of the water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground, surface, and stormwaters as
may be present.
Sewage treatment plant. Means any arrangement of devices and structures used for treating
sewage.
Sewage works. Means all facilities for collection, pumping, treating, and disposing of sewage.
Sewer. Means a pipe or conduit for carrying sewage.
Slug. Means any individual or combined discharge of water, sewage, or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds, for any period longer than 15
minutes, more than five times the average 24-hour concentration or flows during normal operation.
Storm drain and storm sewer. Means a sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling water.
Street light. Means a system or fixture of such system, for the illumination of streets, alleys, and
other public places and areas, installed and operated at public expense.
Subdivision. Means a tract or parcel of land divided into two or more lots, sites, or other divisions
according to applicable law.
Suspended solids. Means solids that either float on the surface of or are in suspension in water,
sewage, or other liquids, and which are removable by laboratory filtering.
Temporary secondary service. Means service provided on an interim basis during a construction
phase or any other service provided by use of facilities which cannot be reused or continued as
permanent facilities and must be removed when the temporary need has ceased. The duration of the
service will not exceed 180 days.
Thaw wire. Means the wire leading from the water main, parallel with the service line and coming
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•
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up to the ground surface at the key box.
Toxic. Means constituents of sewage which are considered from time to time by the U.S.
Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely
affecting facilities or conditions similar to the collection system, the sewage treatment plant, or the
receiving waters.
Waste material. Means broken crockery, glass, wire, ashes, cinders, bottles, tin cans, metals and
other similar noncombustible waste material resulting from the operation of a household or business.
Discarded vehicle bodies or other bulky or heavy objects, waste material resulting from any
manufacturing, building or construction operation, and similar materials shall not be considered waste
material and must be disposed of by the property owner.
Water connection or water service connection. Means that part of the water distribution system,
including pipe and appurtenances, used to conduct water from the water main to a point at or near the
property line of the premises to be served.
Water connection extension. Means that part of the water distribution system extending from the
water connection into the premises served.
(Ord. 504, 1982;Ord. 525,§2, 1984;Ord. 610, 1988;Ord. 95-06)
14.01.020. -Waiver of modification of regulations.
The provisions contained herein may not be waived by an officer, agent or employee of the city of
Seward. Any modification or amendment shall be submitted to and approved by the council of the city
of Seward.
(Ord. 504, 1982)
14.01.025. -Application for utility service.
(a) Persons desiring utility service shall apply on forms provided. No utility service shall be provided
before the applicant has entered into a contract(approved application)with the city.
(b) If an application is accepted verbally, the taking of utility service shall constitute a contract
between the applicant and the city, obligating the applicant to pay for the utility service and to
comply with all applicable provisions of the code, and the customer shall sign a written application
upon request.
(c) The minimum term for which service will be rendered is 30 days. A customer taking service for less
than this minimum term will be billed the minimum monthly charge or for the actual usage as
specified under the applicable rate schedule.
(Ord. 504, 1982)
14.01.030. - Deposits.
(a) The person applying for utility services shall deposit an amount equal to two months fixed charges
or such other amount as may be established by resolution. The deposit may be waived if the
applicant provides a letter or other written verification from the electric utility that last provided
comparable service for a period of at least 24 months to the applicant, stating that the applicant
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•
was not delinquent in payment for the last 12 consecutive months of service at that prior location.
No further deposit shall be required from existing customers unless a customer's account
becomes delinquent or another account is established.
(b) The deposit, plus interest as required by AS 29.35.070, shall be refunded after five years if the city
has not terminated that customer's service for reasons of delinquency in payment and if the
customer has not been delinquent in payment more than once in any 12 consecutive months. The
rate of interest is based upon the current rate paid on a regular savings account at the local bank
with which the city has its banking services. The rate is applied monthly and customers whose
deposits are on file will receive a credit on their accounts every year for interest accrued over the
prior year. The deposit does not relieve a customer from the obligation of paying bills promptly
when due. The deposit, less any moneys due the city, will be refunded within 30 days after the
customer signs a disconnect order to discontinue utility service.
(Ord. 504, 1982;Ord. 518, 1983;Ord. 610, 1988;Ord. 95-05)
14.01.035. -Access to premises.
Applicants and customers shall, after notice and at reasonable hours, grant admittance to
premises to any city representative for the purpose of inspecting, repairing, maintaining, replacing, or
operating any facilities connected with or owned or operated by the city.
(Ord. 504, 1982)
14.01.040. - Rates and charges.
Utility service rates and charges shall be established by resolution following a public hearing.
Notice of the public hearing shall be published in a newspaper of general circulation and shall be
posted in at least three public places within the city at least ten days prior to the hearing.
(Ord. 394, 1973;Ord. 415, 1975;Ord.430, 1977;Ord.453, 1978;Ord. 454, 1978;Ord.465, 1978;Ord.480, 1980;Ord. 484,
1980;Ord. 504, 1982;Ord. No.2005-04,§ 1, 9-28-2005)
14.01.045. - Billing.
(a) Customers shall be billed monthly. Payment shall be due within 20 days of the billing date printed
on the monthly statement if the bills are mailed on or before the billing date.
(b) Failure of the city to bill for utility services shall not relieve the customer of payment responsibility.
(c) If the city is unable to read a meter at the usual or scheduled time due to locked premises,
weather conditions, road conditions, presence of dangerous animals or other circumstances, the
city will bill the customer based upon the estimated consumption and adjust the account in
accordance with the next subsequent meter reading.
(d) A bill is delinquent when the customer fails to make payment within 20 days of the billing date;
delinquency subjects the customer to termination and disconnection of any or all utility services
until all billings have been brought current. The city may, at its discretion, make other contractual
arrangements for payment of past due accounts.
(e) The city may charge a return check fee. Any returned check shall not be considered payment.
(f) Billing disputes.
(1) Whenever a customer has a dispute with the city over charges billed, a customer should
request the city utility manager to investigate the grounds for dispute. The city utility manager
will investigate the dispute and notify the customer as to the results of the investigation.
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•
(2) If this reply is not satisfactory to the customer and the differences between the customer and
the city cannot be reconciled by the city's staff or management, the customer may request an
opportunity to present his case to the city council for final resolution.
(3) During this review process, the customer must pay the undisputed portion of the bill in a
timely manner. If an error is found to exist, the customer's current account will be adjusted
accordingly.
(Ord. 504, 1982)
14.01.050. - Payment responsibilities.
(a) Payment for usage. All persons receiving utility services from the city shall be obligated to pay for
such services. The city presumes that a person intended to deprive the city of compensation for
service from the city if:
(1) The person possesses or has access to a city service metering device which is being used to
meter service and has been interfered with, avoided, or altered to inhibit or prevent the
accurate measurement of service without the permission of the city or the person has access
to a city line which has been tapped without the permission of the city; or
(2) The person enjoys the use or receives the economic benefit of any unmetered electric utility
service. The city expects compensation due for any service received by unauthorized usage.
(b) Change of occupancy. A customer who is listed on city records as the person or entity responsible
for utility consumption at a specific location shall give written five-day notice of a contemplated
change in occupancy, specifying the date on which service is to be discontinued. If the customer
fails to provide the required written notice, he will be charged for utility service furnished to the
premises until the city is provided with notice of change of occupancy.
(c) Vacancy between renters. The owner of rental property may execute an agreement with the city
providing for the automatic continuance of service in the owner's name during periods of vacancy
between renters. During periods of vacancy, the owner will be billed as specified in the applicable
rate schedule for regular customers of the same class until a new customer has applied for service
and established credit as provided in sections 14.01.025 and 14.01.030
(Ord. 504, 1982;Ord. 610, 1988;Ord. 95-06)
14.01.055. - Late payments and penalties.
(a) Failure to make timely payment will subject the customer to a late payment charge set by
resolution.
(b) Interest at a rate set by resolution shall accrue on all accounts from the date of delinquency.
(Ord. 504, 1982)
14.01.060. -Termination of service by customer.
(a) Permanent disconnect. A customer may discontinue utility service by providing written notice to the
city not less than five days in advance of the date upon which termination of the service is
requested.
(b) Temporary disconnects. Unless the city is notified in writing that a customer wishes to stop utility
services, charges will be made and the customer will be liable therefor. No shut-off of utility
services for less than three months will be made without payment of a charge in an amount to be
established by resolution.
(Ord. 504, 1982)
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14.01.065. - Discontinuance of service and remedies by city.
(a) Termination of service. Upon five days' written notice, the city reserves the right to discontinue or
reduce any one or more utility services for any one or more of the following reasons:
(1) Intent to defraud the city of payment for all or any part of such use;
(2) Use in an illegal manner or for the furtherance of an illegal purpose or for any purpose other
than that described in the application for service;
(3) Resale or redistribution of a utility service;
(4) Tampering with any utility service connection or property of the city;
(5) Nonpayment of any bills for utility services;
(6) Refusal of reasonable access to the premises for inspection, repair, maintenance,
replacement or operation;
(7) Noncompliance with any requirement imposed by the code or by resolution;
(8) Failure to repair any defect or break in utility service, to the extent it is the customer's
obligation to do so;
(9) Other equipment or structures which by their proximity or nature introduce a safety hazard;
(10) Such other reason or condition as the city may deem appropriate.
(b) Lien on property. Charges levied in accordance with this title shall be a debt due to the city and a
lien upon the property which has been benefitted by the services. Change of ownership or
occupancy of premises delinquent shall not be the cause for reducing or eliminating any applicable
penalties.
(c) Expenses. The expense of discontinuance, reduction, removal or closing, as well as the expense of
restoring service, shall be a debt due to the city(and a lien upon the property) and may be
recovered by civil action in the name of the city against customer, the person, or both.
(d) Criminal penalties. Any person who shall continue any violation other than an obligation to pay
money beyond written notice and reasonable time to cure shall be guilty of a misdemeanor in
addition to being liable in damages and, upon conviction thereof, shall be fined in an amount not
exceeding $25.00 for each violation. Each day in which any such violation shall continue shall be
deemed separate offense.
(e) Safety. Conditions which cause a clear and immediate safety hazard to customers or other
personnel shall be cause for immediate disconnection of service without notification.
(Ord. 504, 1982;Ord. 610, 1988;Ord. 95-06)
14.01.070. - Restoration of service.
Service which has been terminated may be restored after the customer has paid a restoration
charge or charges in the amount(s) established by resolution, and after the customer has complied
with the following:
(1) Payment of all unpaid bills, penalties and late charges for all utility services;
(2) Placement with the city of a deposit, in an amount to be established by resolution, to ensure
future payment of bills;
(3) Correction of any condition found in violation of any applicable provision of the code or any
resolution.
(Ord. 504, 1982)
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14.01.075. - Service complaints.
(a) All customer service complaints are to be delivered to the city utility manager either in person, by
mail, or by telephone.
(b) If within 14 days after having made a complaint a customer is not satisfied with the resolution of
the complaint, the customer may file a written complaint with the city manager's office for final
resolution.
(c) All customers are encouraged to contact the city whenever utility service is interrupted or service
is unsatisfactory. Customers should notify the city whenever defects, trouble, accidents or
potentially hazardous conditions are observed. This prompt notification of trouble will allow the
city to continue to provide reliable service for all customers.
(Ord. 504, 1982)
14.01.080. - Liability.
(a) Any person violating any of the provisions of this title shall become liable to the city for any
expense, loss or damage caused by such violation.
(b) Any unauthorized tampering with city utility property, equipment, or facilities will be punishable
under AS 42.20.030 and other applicable statutory provisions.
(c) The customer is responsible for the safekeeping of the city's property located on the customer's
premises and shall take all reasonable precautions against unlawful interference with the facilities.
The customer may not connect to, interfere with or alter the conductor, meters, seals or other
utility facilities used in connection with rendering utility service or permit connection to,
interference with, or alteration by any person other than an authorized agent or employee of the
city. The customer shall pay for any damage to city property caused or permitted directly or
indirectly by the customer. If the city determines it to be necessary to protect its property or other
individuals, the customer shall install, at his expense, suitable protective or security devices
designated by the city on the customer's premises.
(d) Appliances, devices or facilities provided at the expense of the city are the property of the city and
may be removed by it at any time on the termination of an agreement for its maintenance or the
discontinuance of service. The city may elect to seal the electrical switch or other utility device,
equipment or facilities located on the customer's premises.
(Ord. 504, 1982;Ord. 610, 1988)
hapter 14. 5. - Garbage aV Refit
O TNOTE ):
0 : .
I
ar i, t r } r'
at LaW rdference— See AS 29.35.050 for state prove ion allowi m nicipalit s t provi e or a
s St df garbage aid solid waste services;see AS 29. 5.06c for sta e proyisions..allowing
uni ipalities0 grant franchises; see § 7.10.210 et seq. as to`,garbage disposal in trailer courts.
1- 051'0. - Refuse service provided and required. • I►�
( E ry pers�'9 n occupying and,,/or owning a building''or building site within'the city shall se the
sy tem of r'' fuse cJie
sposal provided in this chapter, unless tl\,e person utifiz a carrie' oldinA a
valr 'permi ,rom RegulatoryCommission of'Alaska. \j
(b) i, a
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Oft . 1/15 l,(
lf, Chapter 14.05. -Garbage and Refuse
FOOTNOTE(S):
--- (3) ---
State Law reference—See AS 29.35.050 for state provisions allowing municipalities to provide for a
system of garbage and solid waste services; see AS 29.35.060 for state provisions allowing municipalities
to grant franchises: see§ 7.10.210 et seq. as to garbage disposal in trailer courts. (Back)
14.05.010. - Refuse service provided and required.
(a) Every person occupying and/or owning a building or building site within the city shall use the system
of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit
from the Regulatory Commission of Alaska.
(b) The city shall either provide or contract for collection and disposal of refuse. The public works
department of the city or the contractor shall prescribe routes and days for collection. When such
routes or days are established or changed, reasonable notice thereof shall be given to affected
customers. No other carrier other than one authorized by the Regulatory Commission of Ala ka may
collect, dispose, or remove refuse from any premises in the city. Nothing in thisiallemsA /
deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse
accumulated on the premises occupied by him and disposing of the same in a lawful manner.
(Ord. 415, 1975; Ord. 428, 1976: Ord. 504, 1982; Ord. No. 2012-008, § 1, 9-10-2012)
14.05.015.- Deposit of refuse.
(a) No person shall place or deposit any refuse in or upon any public alley, street or highway, sidewalk,
park or other public place in the city except as herein expressly authorized. No person shall place
any refuse on land of another.
(b) Dumpsters or trash receptacles located on public property may only be used for depositing small
quantities of refuse generated in connection with public activities such as picnicking, camping,
touring, pleasure boating, sport fishing, or other outdoor recreation. No person shall deposit refuse
generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle
located on public property. No person shall deposit refuse in or near any dumpster or trash
receptacle located on public property contrary to any instructions posted on or near the dumpster or
trash receptacle.
(c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of
dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is
a violation of the City Code.
(d) Violation of this section is subject to a fine of$100.00 for each offense.
(Ord. 504, 1982; Ord. 96-28)
14.05.020.-Transportation.
No person shall transport refuse within the city unless it is transported in a covered or enclosed
vehicle or one which is loaded in such manner as to prevent any of the contents from escaping.
(Ord. 417, 1976: Ord. 504, 1982)
14.05.025.- Use of containers and placement.
Page 1
(a) Every person occupying and/or owning a building in the city shall provide containers suitable for
collection of refuse. All refuse such as vacuum cleaner dust, nonexplosive liquids, sweepings and
other refuse that poses a hazard to collection or risk of spillage in normal collection shall be
individually packaged prior to placement in a container.
(b) Customer containers shall be placed abutting a dedicated public right-of-way. Only city containers
may be placed upon the public right-of-way.
(Ord. 504, 1982; Ord. No. 2012-008, § 2, 9-10-2012)
14.05.030.-Container specifications generally.
(a) All containers shall conform to the following minimum specifications:
(1) Shall not exceed ninety-six gallons capacity;
(2) Shall not exceed two hundred twenty pounds when filled;
(3) Shall not exceed sixty-five pounds empty weight;
(4) Shall be watertight with an animal-proof lid and of adequate durability for continued use. No
corrugated cardboard box shall be used except as herein provided. No fifty or fifty-five gallon
steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered.
(b) Certain bulk rubbish and waste material containers may be approved by the public works department
of the city. Such containers shall be kept in a clean and sanitary condition and shall be provided with
tight lids.
(Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008. § 3, 9-10-2012)
14.05.035.-Container racks.
Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind,
weather, animals, or accident. Violation of this section due to bear attractants is subject to a fine of one
hundred dollars for each offense. The fine for the first offense only will be waived upon proof of purchase
or lease of the appropriate containment measure (e.g. locking dumpster lid, bear-resistant dumpster, or
bear-resistant garbage can), provided the containment measure is in place within thirty days of the date of
the violation. More than one violation of this section by dumpster customers will require the occupant
and/or owner to obtain a locking dumpster lid or bear-resistant dumpster for the period May through
October. In addition to the one hundred dollar fine, more than one violation of this section by customers
utilizing garbage cans will require the occupant and/or owner to purchase or lease a bear-resistant
garbage can.
(a) Containers or container racks shall not be placed on the public right-of-way.
(Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008, §4, 9-10-2012)
14.05.040.- Frequency of collection.
All garbage and rubbish receptacles shall be emptied and cleaned at least weekly. All waste material
must be removed at least once each month. Building or construction waste and debris shall be removed
weekly and upon completion of construction.
(Ord. 504, 1982)
14.05.045.- Brush, tree trimmings, etc.
Brush, trees, lawn cuttings or similar materials shall be securely bound in bundles not to exceed two
feet in diameter. They may be placed in disposable cardboard containers. Branches or logs shall not be
more than three inches in diameter or more than four feet in length. Containers shall not exceed 65
pounds in weight.
(Ord. 504, 1982)
Page 2
•
14.05.050.- Large boxes, crates, etc.
Large appliance cartons, shipping crates or small non-bulky items or furniture and similar materials
shall be disassembled prior to collection.
(Ord. 504, 1982)
Page 3
r � 3/44
CONTRACTUAL AGREEMENT
FOR THE COLLECTION AND DISPOSAL OF
GARBAGE,RUBBISH AND WASTE MATERIAL
IN THE CITY OF SEWARD,ALASKA
THIS AGREEMENT (the "Agreement") is dated as of the 5 day of I11ove -bec',
2012, by and between the City of Seward, Alaska, a municipal corporation organized under and
operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "City" and
Alaska Waste-Kenai Peninsula,LLC,hereinafter referred to as"CONTRACTOR".
WHEREAS, the City, by its charter (the "Charter") and ordinances of the Seward City
Code (the "Code"), provides for the sanitary, economic, and efficient collection and disposal of
garbage, rubbish, and waste material in the City and its service area, and has, by such Charter
and Code,made regulations regarding such collection and disposal;and
WHEREAS, the City seeks a CONTRACTOR to provide dependable, economic, and
efficient service to the business, industrial, residential, and public districts of the City and its
service area through periodic and regularly scheduled collection of garbage, rubbish, and waste
material in accordance with the Charter and Code and within the terms of a previous agreement;
and
WHEREAS, the City and CONTRACTOR agree to consider, over the course of this
contract, alternative means to reduce the environmental impact of waste, to include recycling
efforts,measures to reduce human/bear encounters,and other such potential initiatives;and
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND
CONTRACTOR THAT:
1. Engagement. This Agreement, a franchise contract for collecting and disposing of
the garbage, rubbish and waste materials of businesses,residences, and public entities
of and within the City and its service area, is hereby awarded to CONTRACTOR,
subject to approval by the voters under Charter Section 13.6.
2. Compliance. CONTRACTOR will comply with the terms and provisions of all
Charter and Code provisions and will follow regulations of the City in connection
therewith. Charter Section 13.5 is incorporated herein by this reference. To the
extent that any provisions of this Agreement conflict with the Charter or Code, the
Charter and Code shall govern.
3. Service. (a) CONTRACTOR will provide continuous and uninterrupted service to
the public in all sections of the City and its service area in accordance with the terms
of this Agreement throughout the entire period hereof except as provided in paragraph
13 herein. (b) The City and CONTRACTOR agree to the terms and conditions of
CONTRACTOR' Service Policies,and CONTRACTOR agrees to perform according
to said Service Policies,which are attached hereto as Exhibit 1. (c) Should the City
adopt service policies whose effect is to impose requirements or restrictions on
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 1 of1i
CONTRACTOR performance which will cause CONTRACTOR additional costs to
provide service, the City shall provide CONTRACTOR the opportunity to determine
its additional costs and to request a rate adjustment in the manner provided by Charter
and Code. (d) CONTRACTOR agrees to collect and transport all garbage, rubbish
and waste material collected within the City and its service area to a site and facility
designated by the Kenai Peninsula Borough and to comply with the regulations
established for such facility.
4. Term of Agreement. (a) This Agreement is effective upon execution by both
Parties and as of the date first above written. The collection services provided under
this Agreement shall commence at 12:01 a.m. on January 1, 2013 or as soon
thereafter as practicable, and shall continue for a minimum term of seven (7) years,
expiring no earlier than 11:59 p.m. December 31, 2019, unless earlier terminated
under the provisions of the Charter or this Agreement. (b) Unless this Agreement is
terminated pursuant to the provisions of the Charter,paragraph 15 of this Agreement,
or any other provision of this Agreement, the Parties agree that this Agreement may
be renewed for up to three (3) additional years on the same terms and conditions as
provided herein; provided, however, 1) CONTRACTOR first notifies the City of its
desire to renew this Agreement under the same terms and conditions and provides
written notice to the City in accordance with this Agreement at least one hundred
eighty (180) days prior to the expiration of the current term; 2) CONTRACTOR is
not in default under any term or provision of this Agreement; and 3)the City Council,
at the time the renewal is requested, approves the renewal. The maximum term of
this contract shall be ten(10)years.
Following the termination of this Agreement for any reason prior to the expiration of
the initial term or renewal term, CONTRACTOR shall continue to provide the
services under this Agreement, at the City's election, until 11:59 p.m. on the last day
of the first full month following the date the City gives CONTRACTOR notice of
termination.
5. Insurance.
a. Coverage Requirements. Without limiting its Indemnities, CONTRACTOR
will secure and maintain insurance coverage meeting the requirements in this
Section. Each liability policy must provide contractual liability coverage for
Contractor's Indemnities, including any necessary endorsement, schedule or
documentation. CONTRACTOR agrees that, at its sole cost and expense, it
will obtain and maintain public liability insurance, insuring against all
liabilities, claims and demands for injuries, loss and/or damage which result
from the performance of services pursuant to this Agreement as follows:
(i) General Liability Insurance. Written on ISO policy form CG
00 01 (occurrence) or its equivalent (and not CG 00 02 claims
made)with limits of not less than the following:
General Aggregate: $4 million
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,1.LC
Page 2 of 1 I
Products/Completion Operations Aggregate: $4 million
Personal and Advertising Injury: $1 million
Each Occurrence: $2 million
(ii) Automobile Liability Coverage. Insurance meeting the
following requirements:
1. Written on ISO policy forms CA 00 12 or CA 00 20 (or
equivalent) with a limit of liability not less than $2 million for
each accident
2. Endorsed to delete the pollution and/or the asbestos exclusion
and include pollution liability (using form CA 99 48 or its
equivalent) for accidental spills and discharges while
transporting and/or processing materials; and
3. Covering all Vehicles that drive on public roads.
If Contractor is subject to federal regulations, Contractor will also
maintain any other coverage necessary to satisfy state or federal
financial responsibility requirements.
(iii) Liability coverage for pollution conditions resulting from
transported cargo. With a limit of not less than $2 million per
occurrence covering loss (including cleanup costs) the
CONTRACTOR becomes legally obligated to pay as a result of
claims for bodily injury, property damage, and cleanup costs
(including expenses required by environmental laws or incurred
by federal, state, city, or third parties) resulting from pollution
conditions caused by transported cargo (including waste). For
the purpose of this subsection, "pollution conditions" includes
the dispersal, discharge, release, or escape of any solid, liquid,
gaseous or thermal irritant or contaminant (such as smoke,
vapors, soot, fumes, acids, alkalis, toxic chemicals, medical
waste, and waste materials) into or upon land, any structure on
land, the atmosphere, or any watercourse or body of water
(including groundwater), provided the conditions are not
naturally present in the environment in the amounts or
concentrations discovered.
CONTRACTOR'S general liability policy may be endorsed to
provide for this pollution liability coverage.
(iv) Workers Compensation and Employers' Liability. Insurance
providing the following:
1. Workers' compensation benefits required by applicable law
(including the State Labor Code or by any other state labor
law),and for which Contractor is responsible; and
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 3 of 11
2. Employers' Liability coverage with limits of not less than the
following:
Each accident: $1 million
Disease—policy limit: $1 million
Disease—each employee: $1 million
b. Insurer qualifications. Contractor will secure insurance provided by an
insurer meeting the following qualifications:
(i) is acceptable to the City of Seward,
(ii) is an admitted company in State,
(iii) has a size category of VII or larger by A.M. Best Company, Inc.,
and
(iv) has a rating of A or better by A.M. Best Company, Inc.
c. Evidence of coverage. Contractor will provide Certificates of Insurance,
endorsements, schedules and other evidence of insurance coverage requested
by the City, at the following times:
(i) on or before the contract commencement date,
(ii) promptly upon renewal of policies,and
(iii) within ten(10)days of request by the City.
1. All insurance required herein shall name the City as an
additional insured. All insurance premiums shall be the
obligation of and shall be paid by CONTRACTOR. A valid
Certificate of Insurance shall be delivered to the City's Finance
Director at the signing of this Agreement. Each insurance
policy shall contain a clause whereby the insurance company
agrees to give written notice to the City prior to any
cancellation of such policies of insurance in accordance with
the applicable provisions of such policies. The amount of the
insurance policy deductibles are subject to approval by the
City.
d. Certificates of Insurance. Contractor will provide certificates (or other
evidence of coverage)containing the following information:
(i) Contract name, explicitly identifying this Agreement.
(ii) Types, policy numbers, policy effective/expiration dates, and
limits.
(iii) 30 days' cancellation notice: Containing express condition that
the City of Seward must receive written notification by mail in
advance of cancellation for all policies evidenced on the
certificate of insurance in accordance with the applicable
provisions of such policies.
(iv) Deductibles and self-insured retentions. Identifying any
deductible and self-insured retention, and upon City request, the
CONTRACTOR will reduce any self-insured retention as it
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 4 of I I
applies to the City or provide a letter of credit, certificate of
deposit or other financial assurance acceptable to the City,
guaranteeing payment of all retained losses and related costs and
expenses related to investigations, claims administration, and
legal defense.
(v) Claims made. If the City waives the prohibition on procuring
claims made policies and insurance coverage is written on a
claims-made form, then evidence that the "retro date" is before
the Agreement commencement date. CONTRACTOR must
maintain that coverage for at least five (5) years after the
termination date of this Agreement (or longer as required under
this Agreement). Promptly upon request, CONTRACTOR must
provide City with evidence of this coverage. THIS PROVISION
SURVIVES THE TERMINATION OF THIS AGREEMENT.
e. Endorsements. CONTRACTOR must provide copies of the following
endorsements or other documentation with respect to CONTRACTOR and its
subcontractors:
(i) Additional insured. Endorsements to each liability policy,
explicitly adding City and its "officers, agents, and employees"
as additional insured.
(ii) Waiver of subrogation;
(iii) Insurance is primary and not contributing with any other
insurance or self-insurance programs maintained by City.
(iv) Excluding any "insured v. insured" clause in a liability policy
with respect to City as an additional insured;and
(v) Providing dedicated limits under a liability policy in favor of
City as an additional insured.
f. Schedules. Contractor must provide schedules or other evidence that liability
policies of CONTRACTOR provide contractual liability coverage for
Indemnities,such as listing this Agreement as an"insured contract".
g. Notice of Claims. If any person makes a claim against CONTRACTOR in
excess of the amount of any deductibles or self-insured retentions,
CONTRACTOR will promptly notify City of the claim.
6. Contractor Indemnity,Defense and Release
a. To the extent allowable under applicable law,CONTRACTOR will indemnify
and hold harmless, defend with counsel approved by the City, and release the
City, its officials, employees, agents, and contractors from and against all
liabilities and losses paid, incurred or suffered by, or asserted against, the City
or any of its related parties, including any claims, demands, penalties, fines,
judgments, liabilities, settlements, damages, costs or expenses (including,
without limitation, reasonable attorney, consultant and expert fee, court costs
and litigation expenses) of whatever kind or nature, known or unknown,
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 5 of 11
contingent or otherwise, to the extent arising out of or in any way resulting
from operations under this Agreement or the use of any of the City's property
except to the extent such damages arise from the negligence or willful acts or
omissions of the City,its officials,employees,agents,or contractors.
b. CONTRACTOR indemnification and defense of the City, its officials,
employees, agents, and contractors shall extend to any claims arising out of or
in any way related to this Agreement and the presence, disposal, release or
threatened release of any hazardous material, in each case only to the extent
caused by the Contractor or arising from the Contractor's operations
hereunder, which is on, from or affecting public or city land, soil, water,
ground water, vegetation, building, personal property, persons, animals, or
otherwise including any personal injury (including wrongful death) or
property damage to the extent arising out of or related to any such hazardous
materials, and any lawsuit brought or threatened, settlement reached or
government order relating to such hazardous materials (except for damages
arising from the negligence or willful acts or omissions of the City, its
officials, employees, agents, contractors or any other third parties that are
unrelated to the Contractor),
c. CONTRACTOR shall furnish to the City's Finance Director a performance
bond in the sum of Twenty-Five Thousand Dollars ($25,000) conditioned
upon the covenants, agreements, stipulations and conditions thereof. The
executed performance bond shall be attached to this Agreement and
incorporated hereto and made a part hereof
7. Fees Established. CONTRACTOR shall be entitled to receive the fees specified in
the Rate Schedule for Garbage and Refuse Services attached hereto as Exhibit 2, as
may be amended from time to time according to the terms of the Charter, Code, and
this Agreement.
8. Record of Services. On a monthly basis, CONTRACTOR shall supply the City with
an accurate record of the gross revenues billed and collected, for the purposes of
paying the 3%franchise fee identified in Section 10.
9. Customer Contact Point. CONTRACTOR shall serve as the primary point of
customer contact and shall receive customers' applications for service, provide the
customer with information regarding services available and fees for such services,
and receive customer complaints regarding service. The City will accept and forward
any customer complaints that are brought to the City's attention, on to
CONTRACTOR.
10, Franchise Fee. The Seward City Charter §13.5(7) requires that a franchise
contribute to the cost of maintaining local roads, alley ways, etc. which the franchise
may use in the conduct of its business. The franchise fee imposed under this section
shall be three percent (3%) of CONTRACTOR' gross revenues actually collected
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 6 of I I
within the corporate limits of the City for each month. The fee shall be due and
payable on the 201h day of the following month, and if not paid timely, shall be
subject to penalties and interest as provided in Seward City Code§14.01.055.
11. Rate Adjustment. The City and CONTRACTOR agree that the Rate Schedule will
be adjusted beginning on January I in the second full calendar year of the Term (in
this case,January I,2014)and each subsequent January 1,equal to the following:
a. The Rate Schedule in effect during the prior contract year (or portion
thereof,plus or minus the percentage of the Consumer Price Index (CPI) bid
in response to the RFP; in this case, 140%of the annual CPI.'
b. The rate adjustment proposed in this Section 11 is subject to approval by the
Seward City Council,of a Refuse Tariff adjustment which is to be proposed to
the Council upon approval of this Agreement. Said Refuse Tariff adjustment
will propose that the CPI increase become an automatic adjustment effective
January 1st each year beginning January 1, 2014 without need of further City
Council approval, and that all other amendments to the Rate Schedule shall
require further Council approval.
12. Independent Contractor. It is specifically acknowledged and agreed that when
fulfilling its obligations pursuant to this Agreement, CONTRACTOR is an
independent contractor and the City has no control or right to control
CONTRACTOR operations, equipment and/or personnel except as expressly set forth
in this Agreement.
13. Force Majeure. If the failure of CONTRACTOR to perform under this Agreement
is due to any fault of the City, acts of God, fuel or repair supplies, fire, explosion,
tempest,weather,war, strikes,earthquakes or accidents directly or indirectly affecting
CONTRACTOR performance ("Excuses") and the Excuse is beyond the reasonable
control of CONTRACTOR or not the result of CONTRACTOR act, or omission, or
negligence, then the failure of CONTRACTOR to timely perform under this
Agreement shall not constitute a default or breach under this Agreement, and no
penalties or damage shall be payable to the City by CONTRACTOR or its agents,and
the time for CONTRACTOR performance under this Agreement shall be extended
from time to time and as often as such events occur by a period of time equal to the
time lost.
14. Arbitration. If a dispute arises between the parties concerning their respective rights
under this Agreement (excluding rate adjustments), and where commercially
reasonable and practicable, the parties shall seek to resolve the dispute by using an
appropriate form of alternative dispute resolution prior to initiating litigation
proceedings. If the parties are unable to reach resolution within sixty (60) days
Consumer Price Index(CPI)means the consumer price index(CPI-U),all items, 1982-84=100 for urban wage
earners and clerical workers,Anchorage,Alaska area,as published by the U.S.Department of Labor/Bureau of
Labor Statistics(initial release). Note: The 2014 Rate Schedule will utilize CPI Data from the calendar year 2012.
Contractual Agreement Between
l'hc City of Seward and Alaska Waste-Kenai Peninsula,1.1,C
Page 7 of I I
following notice of a written claim, either party may initiate litigation proceedings.
Rate adjustments shall not be the subject of or subject to arbitration.
15. CONTRACTOR Default. Subject to the provisions of Charter Section 13.5, if
CONTRACTOR is in default under this Agreement and the default is not excused or
the fault of the City, then CONTRACTOR shall have ten (10) business days
following written notification given according to paragraph 19 hereunder, in which to
cure the default. If the default has not been cured at the end of the ten (10) business
days,this Agreement shall terminate.
The City may also terminate this Agreement for the violation of any of its provisions,
for the misuse or non-use hereof, for failure to comply with any provision hereof, or
any regulation imposed under authority of the Charter or Code.
16. Equipment and Services. (a) CONTRACTOR shall provide sufficient equipment to
provide uninterrupted service to its customers and at its sole cost and expense, shall
maintain and keep that equipment in good repair and operating condition and shall
provide all fuel, lubricants, tires and other materials and supplies necessary for the
operation of that equipment. (b) CONTRACTOR shall furnish trained and
competent personnel at its sole cost and expense as well as all employee required or
necessary to adequately furnish services pursuant to this Agreement. At all times
CONTRACTOR shall be solely responsible for the supervision of its equipment and
personnel. (c) CONTRACTOR shall perform all services in a courteous,
professional and competent manner. CONTRACTOR shall not litter in the process of
collecting refuse, nor allow any refuse to flow or fall from any equipment used when
performing services. CONTRACTOR shall repair or replace, at its sole cost and
expense, any container(s) damaged as a result of any act, conduct or omission by
CONTRACTOR when performing services pursuant to this Agreement except for
reasonable wear and tear. (d) CONTRACTOR shall provide a toIl free number to the
City and its customers located in the City to call CONTRACTOR' principal place of
business. (e) CONTRACTOR shall ensure that all required customers have signed
up for refuse collection services as required by Seward City Code §14.05.010 (a), by
coordinating new customer service with the City of Seward or by advertising, or any
other reasonable means, and shall ensure that customers have a convenient means by
which to establish new service.
17.Violations Reporting. CONTRACTOR shall report to the City violations of local,
state, or federal Iaw relating to the collection and disposal of garbage, rubbish and
waste material in the City and its service area.
18. Additional or Special Pick Up. CONTRACTOR shall respond to customer requests
for additional or special pick up (non-scheduled service) within twenty-four (24)
hours of such request unless prevented by weather, blocked access, or other reasons
beyond the reasonable control of CONTRACTOR. Sunday shall not be counted
when computing the twenty-four (24) hour response period. Unless excused by
weather, blocked access, or other reasons beyond the reasonable control of
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 8ofll
7 .
CONTRACTOR, if CONTRACTOR fails to respond within twenty-four (24) hours
the next pick up will be at no cost.
19. Customer Billing and Collections. Invoicing and billing of all customers will be the
responsibility of the Contractor. The customer will be invoiced for collection
services, waste disposal, container rental, taxes and fees, and any additional selected
services. All invoices will include service address, coverage of dates invoiced, and
the rate for the customer's level of service. Contractor shall be responsible for
collections of all fees and taxes due the Contractor from customers. Contractor may
elect to forward to the City information for all customers for whom reasonable efforts
to collect have been unsuccessful for a period of at least 120 days, and the City may
elect to begin enforcement proceedings. The City may use all legal rights to seek
recovery, including the right to place a lien upon the real property of those customers
to satisfy payment of outstanding bills. The Contractor is required to enforce
collections through reminder letters and assessment of late fees and interest, prior to
the City's assuming the debt for the purposes of enforcement. The City has no
obligation to pursue such enforcement action, but may elect to do so in order to
ensure compliance with the provisions of Seward City Code mandating participation
in refuse collections.
20. Notices. Any notice or demand which under the terms of this Agreement or any state
statute, Charter provision, or Code provision may or must be given or made by the
parties hereto shall be in writing and given and made by personal delivery or by
mailing by certified mail or registered mail,addressed to the other party as follows:
Contractual Agreement Between
The City of Seward and Alaska Waste-Kcnai Peninsula,LLC
Page 9 of 1 I
/ 1'
City of Seward Alaska Waste-Kenai Peninsula, LLC
City Manager Attn: Matt O'Connell,Division Manager
P.O. Box 167 6301 Rosewood St.,
Seward,Alaska 99664 Anchorage AK 99518
Either party may, however,designate in writing such new or other address to which such
notice or demand shall thereafter be so given, made or mailed. Any notice given under
this Agreement by mail shall be deemed delivered when deposited in a United States
general or branch post office, enclosed in a registered or certified prepaid wrapper
addressed as set forth above.
21.Interpretation. This Agreement, together with the Charter and Code, contains the
entire agreement between the Parties. There is no other understanding, oral or
written,which in any manner changes or enlarges what is set forth in this Agreement.
22.Assignment. CONTRACTOR shall not sell, assign, sublet or allow another to use
this Agreement (the franchise contract) without prior approval by resolution of the
City Council. This provision is subject to Charter Section 13.8.
23. Time of the essence. Time is of the essence of each and every provision of this
Agreement.
24. Binding Effect. This Agreement shall extend to and be binding upon the heirs,
administrators,executors, successors, and assigns of the respective Parties.
25. Headings. Headings used in this Agreement are for convenience only and shall not
affect the construction of this Agreement.
26.Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Alaska, excluding any conflict of law, rule or principle,
which might refer such construction to the laws of another state or jurisdiction.
27. Modification. Except for rate adjustments in Section 11, no modifications, changes,
or amendments may be made to this Agreement by either Party except in a written
instrument executed by each party or as may be required by the applicable provisions
of the City Charter, City Code,or Alaska Statutes.
28.Waiver. The failure of either Party to insist upon strict performance of any provision
of this Agreement shall not constitute a waiver of or estoppel against asserting the
right to require that performance in the future. A waiver or estoppel in any one
instance shall not constitute a waiver of or estoppel against asserting the light to
require that performance in the future. A waiver or estoppel in any one instance shall
not constitute a waiver or estoppel with respect to a later breach or a similar nature or
otherwise. A course of performance established by a party shall also not estop the
other party from complaining of a later breach similar in nature.
Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LLC
Page 10 of 1 1
29.Construction. The rule of contract construction that ambiguities, if any, in a writing
be construed against the drafter shall not apply to this Agreement.
30. Severability. In the event that any term, condition, or provision of this Agreement is
declared by a court of competent jurisdiction to be void or unenforceable, the
remaining terms, conditions, and provisions of this Agreement shall remain valid and
enforceable as if such void of unenforceable term, condition, or provision was
omitted from the Agreement when the Agreement was first executed.
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and
year set opposite their respective signatures.
By: City of Seward Alaska Waste—Kenai Peninsula, LLC
441
m Hunt,City Manager Matt O'Connell,Division Manager
Date: i1 ?3)at;t�
ATTEST:
Jo anna Kinney,
(City Seal)
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Contractual Agreement Between
The City of Seward and Alaska Waste-Kenai Peninsula,LAC
Page I I of 11
L .
AlaskaWit:tgag
Dear Property owner/Renter— MOSPANW.Ordt.
January 5th,2014
4110.0014tis 0/0,
Address:
Welcome to Alaska Waste -.Your waste and refuse hauler! Seward,Alaska
The City of Seward has contracted with Alaska Waste to provide for the sanitary, economic, and efficient
collection and disposal of garbage, rubbish, and waste material in the City and its service area, and has, by
the City Charter and Code, made regulations regarding such collection and disposal.
Seward Alaska Code of Ordinances—Chapter 14.05.Garbage and Refuse
14.05.010. Refuse service provided and required.
Every person occupying and/or owning a building or a building site within the city shall use the system of
refuse disposal provided.
14.05.040. Frequency of Collection.
All garbage and rubbish receptacles shall be emptied and cleaned at least weekly.
Starting February2gth, 2015 you will begin receiving a monthly bill from Alaska Waste for
your weekly trash service l cs2 j
The following minimum charges will be billed to your address:
Residential Service:
We offer two different levels of weekly residential service from which to choose:
-64 Gallons per week (2-32 gallon cans or 1-64 gallon roll cart):The cost is$29.19 per month if you provide
your own containers, or$31.35 per month if we supply a roll cart for you.
-96 Gallons per week (3-32 gallon cans, or 1-64g roll cart and 1-32g can,or 1 96 gallon roll cart): The cost is
$38.53 per month if you provide your own cans or$39.64 per month if we supply a roll cart for you.
-Roll cart rentals: we can supply a roll cart for your use for the small monthly fee shown above.There are
several benefits for using one of our carts:
We guarantee that the roll carts are compatible with our equipment.
If your container ever breaks,we will replace it at no cost to you.
Roll carts are easy for people to use and difficult for animals to knock over.
If we have not heard from you by February 15th,a 96allon roll cart will
gbe delivered to your address and
you will be billed at the rate of$39.64 per month.
Commercial Service:
lx weekly pickup CUSTOMER OWNED can/2 yard can: $74.03 per month
lx weekly pickup CONTRACTOR OWNED 2 yard can:$101.15 per month
If we have not heard from you by February 15th,you will be billed at the rate of$74.03 per month.
Alaska Waste offers a 3 month vacation hold if you need to suspend your services at any time. Please call our office
at(907)283-9390 or(800)478-3867 for more information about vacation holds,or any other information regarding
your trash service.
Waste Connections of Alaska,Inc.dba Alaska Waste•47323 Merrywood Ave.Soldotna,AK 99669
www.alaskawaste.corn•Phone 907 283-9390•Fax 907 262-4370
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