anchorage solid waste services resolution

Submitted by: Chair of the Assembly at the Request of the Mayor

Prepared by: Dept. of Law For reading: March 3, 2015

ANCHORAGE, ALASKA AR No. 2015-72

A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY ESTABLISHING 1 A STRUCTURED PROCESS TO SELL SOLID WASTE SERVICES COLLECTION 2 BUSINESS. 3

4 WHEREAS, Solid Waste Services (SWS) Department consists of two operational 5 components, one of which is Collections (Anchorage Municipal Code chapter 26.70); 6

7WHEREAS, SWS-Collections is an enterprise activity of the Municipality, the sale of 8 which may be authorized by the Assembly; 9

10 WHEREAS, public interest findings support exploring the financial benefits 11 associated with the sale of this activity; 12

13 WHEREAS, the Assembly supports and approves the sale of SWS-Collections to a 14 responsible bidder, under certain conditions; and 15

16 WHEREAS, a structured process should be established to provide a course of action 17 for the sale; 18

19 NOW, THEREFORE, the Anchorage Municipal Assembly resolves: 20

21 Section 1. That the following process shall be followed by the Administration in 22 selling SWS-Collections: 23

24 A. Contract with a solid waste financial consultant to guide the 25

Municipality in the preparation of a report on the overall highest and 26 best taxpayer and ratepayer benefit analysis of the solid waste services 27 refuse operations, including a valuation of the Collections Utility and28 providing a range of values for a sale of the utility using industry 29 standard valuation methods. 30

31 B. Issue an Invitation to Bid (ITB). The ITB shall include: 32

33 1. Selection by the Municipal Purchasing Department of the34

highest responsive bid from a responsible bidder in an amount35 equal to or exceeding SWS-Collections fair market value.36

37 2. Each bidder shall agree that should its bid be the highest38

responsive bid it shall recognize any labor organization which is39 currently certified as the lawful bargaining agent for and40

Item No. 9.F.13.

AR regarding ITB for Solid Waste-Collections Page 2 of 2

representative of SWS-Collections employees, to include 1 recognizing each current collective bargaining agreement until 2 the agreement expires, including reopener or adjustment 3 provisions in the agreement. 4

5 3. Each bidder must submit a nonrefundable bid fee of $5,000 6

accompanying its bid. 7 8 C. Approval by regulatory authorities. 9 10 D. Formal closing of the sale. 11 12

Section 2. The determination of whether a bidder is qualified and the bid is 13 responsive shall be made by the Municipal Purchasing Department. 14 15 Section 3. The Municipality of Anchorage expressly reserves the right, in its sole 16 discretion and without stating any reason therefor, to terminate discussions with any 17 or all bidders or prospective bidders, to negotiate with any party with respect to a 18 transaction, and to reject any and all bids. 19 20 Section 4. The process above stated is binding upon the Municipal Assembly and 21 the Administration for the sale of SWS-Collections. 22 23 Section 5. This resolution shall be effective immediately upon passage and 24 approval by the Assembly. 25 26 PASSED AND APPROVED by the Anchorage Assembly this _______ day of 27 _______________, 2015. 28 29 30

31 Chair of the Assembly 32 33 ATTEST: 34 35 36 37 Municipal Clerk 38 39 40

Chair of the AssemblyATTEST:Municipal Clerk