HomeMy WebLinkAboutRes2005-079
Sponsored by: Corbridge
l
....
CITY OF SEWARD, ALASKA
RESOLUTION 2005-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RENEWING FOR FIVE ADDITIONAL YEARS THE CONTRACT
FOR COLLECTION AND DISPOSAL OF GARBAGE AND WASTE
MATERIAL BY WASTE MANAGEMENT OF ALASKA, INC. AND
CONSENTING TO THE ASSIGNMENT OF THE CONTRACT TO ALASKA
PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC
WHEREAS, the City of Seward (the "City"), by its charter (the "Charter") and code of
ordinances (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 permits, pursuant to such
Charter and Code and voter approval, the use of a contractor to provide such services for collection
and disposal of garbage and waste material; and
....
WHEREAS, a proposition was placed before the qualified voters of the City at a regular
municipal election held on October 3, 2000, and the voters approved a five year contract between the
City and Peninsula Sanitation Co., Inc., a division of Waste Management, Inc. (the "Contractor") for
the collection and disposal of the garbage and waste material with an option to extend for five
additional years (the "Contract"); and
WHEREAS, through a corporate merger and name changes, the Contractor is now known as
Waste Management of Alaska, Inc. ("WMA"); and
WHEREAS, the initial Contract term is set to expire December 31, 2005, and is subject to
renewal for an additional five year term upon City Council approval pursuant to the terms of
Contract paragraph 4; and
WHEREAS, WMA and Alaska Pacific Environmental Services Anchorage, LLC
("APESA") have requested in writing that the City renew the Contract for an additional five years
and have also requested the City's consent to the assignment of the Contract by WMA to APESA;
and
WHEREAS, Contract paragraph 21 and Charter Section 13.8 requires City Council approval
by resolution for assignment of the Contract; and
") ",",
WHEREAS, WMA and APESA concurrently sought pelmission from the Regulatory
Commission of Alaska ("RCA") to sell and transfer the assets ofWMA, including the Contract, to
APESA: and
CITY OF SEWARD, ALASKA
RESOLUTION 2005-79
..J
WHEREAS, the RCA approved the sale and transfer of assets by WMA to APESA in May
2005; and
WHEREAS, APESA has provided the City information concerning its operations and
qualifications to perform the Contract, which information is satisfactory to the City; and
WHEREAS, WMA has satisfactorily performed the Contract during the initial Contract
term; and
WHEREAS, since May 2005, APESA has been satisfactorily providing the solid waste
collection and disposal services for the City; and
WHEREAS, following their prior written request to the City, WMA and APESA now seek
to complete the Contract renewal and assignment process; and
WHEREAS, to complete the documentation for the assignment and assumption of the
Contract between WMA and APESA, the approval and consent granted by this resolution shall relate
back to May 21, 2005 upon signing an agreement by all parties; and
WHEREAS, the City Council finds that it is in the public interest to continue the Contract
for collection and disposal of refuse, approve the five year Contract renewal, and consent to the .....
assignment of the Contract by WMA to APESA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The above recitals are incorporated herein by this reference.
Section 2. For the reasons set forth in the recitals hereof, the City Council finds that it is in
the public interest to renew the Contract for an additional five year term and consent to the
assignment of the Contract by WMA to APESA.
Section 3. The City Council hereby approves the renewal of the Contract for an additional
five year term, pursuant to the Contract terms, which renewal term shall end at 11 :59 pm on
December 31, 2010, and the City Manager is authorized to execute the document entitled "Renewal
and Consent to Assignment and Assumption," in substantial form as attached hereto, agreeing to the
renewal term and consenting to the assignment of the Contract by WMA to APESA, and the City
Manager is authorized to sign any additional documentation reasonably necessary to complete this
transaction.
CITY OF SEWARD, ALASKA
RESOLUTION 2005-79
'-
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th
day of September, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
i~k/ ~
Vanta Shafer, Mayor
Branson, Dunham, Valdatta, Amberg, Clark, Lorenz, Shafer
None
None
None
....
(City Seal)
C \ '1111'",
" .. \ Or S~l1t."'"
~ ~--l .......... :..;..() ....
~ c} ....o?f'OFl..4';..... '0 '.0
~ .':-..v ...... '.0
~.= ~~. ~
.. . ~ ....-. " . ..
= : : :
:: ": SEi\L : 9 ::
~ . . GI
:~ --0-'-:
.. " ~ n. ,0 ~
'=' .n ". VA. ^,,::,'t3: ..
fI'. \r1\. ""'-1 ,\":J,t "" Ii"
'.o..~')o,...<;; I." ".. ^.
"4R: - J, ~ ..... "J....
;',., ~ OF p..\,~~;~.'
"""n"~\