HomeMy Public PortalAboutRES-CC-2014-45Resolution #45-2014
A RESOLUTION APPROVING THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT
WHEREAS, Bob's Sanitation provides residential and commercial solid waste collection
services within the municipal limits of the City pursuant to a contract with the City dated
August 12, 1999; and
WHEREAS, said contract is entitled the Solid Waste Collection Franchise Agreement; and
WHEREAS, Section 5 of the 1999 agreement between the City and the Contractor authorizes
extensions to the agreement upon such terms, as the parties deem appropriate; and
WHEREA the 1999 agreement has been extended by the parties through November, 2004,
then again through November 30, 2009, and then again through November 30, 2014; and
WHEREAS, the City has determined that it is in the best interest of the community to extend
the Solid Waste Collection Franchise Agreement for an additional period of three years; and
WHEREAS, the Solid Waste General Specifications, attached as Exhibit A, accompany the Solid
Waste Collection Franchise Agreement and provide for specific operational and other
requirements of the Agreement;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT
THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT AND THE SOLID WASTE
GENERAL SPECIFICATIONS, AND AUTHORIZE THE APPROPRIATE OFFICIALS TO EXECUTE
AND DELIVER SAID AGREEMENT AND THE SPECIFICATIONS.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this 28TH
day of October, 2014.
Attest:
„ad c-Le
• s±,4-,.
Rachel E. Stelita
City Recorder
CITY OF MOAB
By:
David L. Sakrison
Mayor
Resolution #45-2014
Page 1 of 1
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
THIS CONTRACT is made and entered into this 28th day of October, 2014, by and between
the City of Moab, a municipal corporation of the State of Utah ("the City"), and Bob's
Sanitation, Inc. ("Contractor").
I. RECITALS.
a. Contractor provides residential and commercial solid waste collection services within the
municipal limits of the City pursuant to a contract with the City dated August 12, 1999.
The 1999 contract has been extended by the parties through November, 2004, then again
through November 30, 2009, and then again through November 30, 2014.
b. Section 5 of the 1999 contract between the City and the Contractor authorizes extensions
to the contract upon such terms, as the parties deem appropriate. It is the intent of the
parties to extend and clarify their existing contractual relationship as provided in this
Contract.
II. AGREEMENT.
In consideration of the mutual covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. The Contractor hereby agrees to provide residential and commercial automated solid
waste collection and disposal services to all areas located within the City in accordance
with the terms of this Contract, the General Specifications, which are attached hereto and
which form a part of this Contract, and in accordance with Moab Municipal Code
Chapter 8.04.
2. Contractor hereby agrees to furnish all materials, labor, equipment, vehicles, and other
items necessary to provide automated residential and commercial solid waste collection
and disposal services as provided in this Contract.
3. All provisions of this Contract and the attached specifications shall be strictly complied
with by the Contractor. No promise, representation, modification, or amendment to this
Contract shall be binding between the parties unless reduced to writing, lawfully
approved, and signed by both parties.
4. The term of this Contract shall be for a period of three (3) years commencing upon
December 1, 2014 and ending on November 30, 2017. It shall be the duty of the
Contractor to notify the City no later than three months prior to the expiration of the
Contract that such Contract is approaching its termination date. Upon receiving such
notice, the City and Contractor may negotiate any modifications or extensions to the
Contract upon such terms as the parties may deem appropriate.
5. This Contract, including all attachments, is a complete and integrated agreement
terminating and superseding all prior negotiations, representations, promises, or
agreements between the parties.
6. The parties each agree that should either party default in any of the covenants,
performance or agreements contained herein, the defaulting party shall pay all costs and
expenses, including reasonable attorneys' fees and court costs which may arise or accrue
to the other party from enforcing this agreement or in pursuing any legal remedies.
7. The City agrees to pay, and Contractor agrees to accept, the sums for solid waste
collection services as stated in Section 15 of the General Specifications. Contractor
agrees that it shall not negotiate separate rates with individual customers, or otherwise
modify the price or terms of service without the express written agreement of the City.
a) Solid waste customers shall be billed by the City for solid waste collection
services at the rates set by the City Council by resolution. The Council may from
time to time alter or amend the rates charged to City residents without altering the
compensation due to the Contractor or the other terms of this Contract.
8. Contractor may apply to the City in writing for consideration of a special rate review
should an unforeseen event or circumstance arise which jeopardizes the economic
operations of the Contractor. A special rate review application may be considered at the
option of the City if one or more of the following applies:
a) An event or circumstance (including changes in law) occurs which is beyond the
control of the contractor.
b) Landfill tip fees change by more than 10 percent.
c) Operating costs over which Contractor has no control change by more than 10
percent.
9. A change in Contractor rates pursuant to Section 8, above, shall be vested in the
discretion of the City Council following a public hearing. At least 15 days prior to the
public hearing, the Contractor shall submit to City staff complete and accurate financial
data showing its operating costs, revenues, and rate ofreturn for operations under this
Contract. City staff may request, and Contractor agrees to provide, other or additional
records as may be necessary to fully review Contractor's operations and rate requests.
All such financial information submitted to the City shall be kept confidential.
a) The City Council may grant a special rate request, reject it, or grant the request in
part. Any change in customer rates shall be in the form of a rate resolution, which
shall take effect no sooner than 30 days from the date of the public hearing.
10. If any provision or part of this Contract shall be declared illegal, void or unenforceable
for any reason, the other provisions and parts shall not be affected but shall remain in full
force and effect.
11. This Contract shall be governed by the laws of the State of Utah. The place of
performance is Grand County, Utah, and any action to enforce or construe the agreement
shall be commenced in the Seventh Judicial District Court of Grand County.
12. The parties to this Contract are the City of Moab and Bob's Sanitation, Inc. It is agreed
that the City and the Contractor are now, and have always been, the sole and only parties
to the Contract. The Contract is entered into for the purpose of providing a service for
the use and benefit of the City. There are no known or intended third party beneficiaries
to the Contract, and the parties specifically disavow any intent to confer rights of
enforcement or review of this Contract upon any third parties.
13. This Contract is the product of mutual bargaining, and shall be construed in accordance
with its plain meaning, regardless of the extent to which either party contributed to the
drafting.
15. The following attachments are hereby approved as part of the Contract:
Exhibit A
Exhibit B
Mayor David Sakrison
ATTEST:
1
General Specifications, Updated October 28, 2014;
Municipal Code Sections 8.04.010 through 8.04.160 (for informational
purposes only).
City Recorder R.achel E. Stenta
Bob's Sanitation, Inc.
By:
Title:
Date: i () - —!
Date:
Date: //
State of Utah
County of Grand
On the 'Z 62 day of )01W-ev-In‘ak., , personally appeared before me V-e 6c-i
, who duly acknowledged to me that they executed
the same.
n
Notary Public
My Commission Expires: Z -z Residing in: Grand County
DANIELLE GUERRERO
Notary Public
State of Utah
Comm. No. 661693
My Comm. Expires Dec 28, 2016
EXHIBIT A
RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL
GENERAL SPECIFICATIONS
Updated October 28, 2014
Table of Contents
1.00 DEFINITIONS
2.00 SCOPE OF WORK
3.00 WORKING CONDITIONS
4.00 COLLECTION FROM PUBLIC SITES
5.00 MATERIALS COLLECTED
6.00 CONTAINERS
7.00 COLLECTION OPERATION
8.00 EMPLOYEES
9.00 COMPLAINTS
10.00 LAWS, LICENSES, AND TAXES
11.00 NONDISCRIMINATION
12.00 INDEMNITY
13.00 INSURANCE
14.00 BOND
15.00 BASIS AND METHOD OF PAYMENT
16.00 TRANSFERABILITY OF CONTRACT
17.00 OWNERSHIP
18.00 TERMINATION
19.00 SUPPLEMENTARY INFORMATION
1.00 DEFINITIONS
The following words and terms when used herein shall be defined as follows:
1.01 Approved Commercial Garbage Containers: Contractor furnished commercial bins (two -
yard minimum capacity). These containers are designed for automated collection. All
containers have permanently attached, tight -fitting lids, and will meet all State of Utah
Department of Health regulations.
1.02 Approved Container: Containers approved by the City in its solid waste rate resolution,
which are designed and suitable for automated solid waste collection.
1.03 Approved Residential Garbage Containers: 95-gallon containers provided by the City.
These containers are designed specifically for automated collection, and are equipped
Page 1 of 16
with wheels for easy movement by residents and other City users. All containers have
permanently attached, tight -fitting lids. Such containers may be referred to as "Standard".
1.04 Automated Collection: Solid waste collection using specialized trucks capable of lifting
and emptying specially designed solid waste receptacles.
1.05 Bob's Transfer Station: Transfer station operated by Bob's Sanitation located at 2295
South Hwy 191.
1.06 Bulky Wastes: Wastes that are not capable of being stored in the approved containers
and cannot be picked up by automated collection vehicles, including items such as
appliances, furniture, large tree branches, lawn sod, Christmas trees, etc.
1.07 Business: Location or structure used or occupied on a temporary or permanent basis for
purposes of carrying on a trade or profession for a profit.
1.08 Centralized Collection: Shall be defined to mean a group of residences, as defined in
Chapter 8.04 of the Moab Municipal Code, receiving solid waste collection at a single
point utilizing a dumpster or other approved container, rather than individual cans kept by
each dwelling.
1.09 City: The City of Moab and all lands within its municipal limits, as same may change
from time to time.
1.10 Commercial: All classes of customers receiving solid waste collection services which,
however denominated, are not classified as a residence, including, without limitation,
offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings,
churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities,
workshops, warehouses, garages, businesses, or any other type of non-residential land
use.
1.11 Commercial Users: Solid waste customers meeting the definition of "Commercial" in
Section 1.10, supra.
1.12 Contractor: The person or legal entity performing residential and commercial solid waste
collection and disposal under contract with the City.
1.13 Construction Waste: Waste defined as a Special Waste under City ordinances which
includes building materials and rubble resulting from construction, remodeling, repair or
demolition operations on houses, buildings, structures, or pavements.
1.14 Klondike Landfill: Landfill operated by the Grand County Solid Waste District located at
15350 N. Highway 191 (approximately 19 miles north of City limits).
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1.15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste
Management District, located on Sandflats Road.
1.16 Residence or Residential: Solid waste customers consisting of a house, apartment, town
home, condominium, mobile home, or other structure which is lawfully occupied as a
human dwelling, but excluding hotels, motels, inns, campgrounds, or other dwellings
lawfully operated as overnight accommodations.
1.17 Solid Waste: Commercial or residential garbage, refuse, trash, or other discarded
material, including solids, liquids, and semi -solid materials such as food scraps, rags,
cardboard, yard waste, glass, paper, plastics, cans, or wood, but excluding the types of
waste defined as Special Wastes.
1.18 Special Waste: shall be defined to mean the following materials:
1. medical or infectious waste;
2. animal carcasses;
3. discarded appliances;
4. construction debris, including drywall;
5. motor vehicles;
6. sewage, sludge, or septage;
7. explosives;
8. toxic or hazardous wastes as defined by Utah or federal law;
9. materials collected for recycling;
10. used motor oil;
11. mining slag, drilling mud, or other wastes from mineral extraction or industrial
operations;
12. ashes or other material which is combusting; and
13. materials which cannot be collected by the Contractor pursuant to the terms of the
franchise agreement.
14. restaurant grease
15. large metal objects
1.19 Sundown: The time established by the National Weather Service for sundown in the
Southeastern Utah area.
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2.00 SCOPE OF WORK
The work shall consist of all items contained in this document, including all necessary
supervision, materials, equipment, labor and all other items necessary to complete the
work in accordance with the Contract Documents. The Contractor is free, subject to any
agreement privately entered into between the Contractor and others, to provide solid
waste collection outside of the City. Work under this contract includes collection of solid
waste from all City facilities, participation in cleanup campaigns and annual Christmas
tree collection at established drop-offs, in coordination with the City.
3.00 WORKING CONDITIONS
3.01 Continuance of Service in Inclement Weather: The Contractor understands the City is
subject to inclement weather conditions including but not limited to snow, high winds,
rain, heat and flooding. In such situations involving inclement weather, Contractor will
continue collection services. Where inclement weather causes interruption in service the
Contractor shall promptly notify affected customers and make arrangements for
resumption of service and collection of solid waste within twenty-four (24) hours of the
cessation of any inclement weather event.
3.02 Excuse from Performance: The parties shall be excused from performance in the event of
war, civil insurrection, seismic event, geological catastrophe, wildfire, sustained flooding,
acts of God, or other similar events which are beyond the control of the parties and which
render performance impossible.
3.03 Labor Disputes: Contractor shall not be excused from performance as a result of strike or
labor unrest by its employees or subcontractors (if any), including work stoppage or
slowdown, picketing, wildcat strike, or other similar organized job action. Contractor
agrees that it shall provide suitable alternate employees and equipment for uninterrupted
service in the event of any strike or job action.
3.04 Notice: Any party claiming excuse from performance shall provide notice to the other
party not later than forty-eight (48) hours from the time that party has notice of any such
event. Should any event described in Section 3.02 prevent performance for a period of ten
(10) consecutive days, the parties stipulate that this contract shall terminate, each party to
have no further liability to the other.
3.05 Collection Outside the Scope of Agreement: Solid waste or other excess material
generated as a result of any of the events described in Section 3.02 shall not be regarded
as within the scope of the work defined by this contract. Should such an unforeseen event
described in Section 3.02 generate waste materials in excess of average solid waste
volumes, under circumstances where the parties elect not to terminate this Contract, the
parties agree to negotiate reasonable additional compensation to be paid the Contractor
for collection of same.
Page 4 of 16
4.00 COLLECTION FROM PUBLIC SITES
4.01 City Facilities: Work under this contract includes collection and disposal of all solid
waste from all City facilities. Solid waste shall be collected from City facilities at rates
established by Resolution of the City Council. Additional facilities may be added and the
container size and collection schedule may be modified over the term of the contract.
Prices for said additional services and changes shall be negotiated and approved in
writing between the City Manager and the Contractor.
5.00 MATERIALS COLLECTED
5.01 Materials Collected: The Contractor shall collect all residential and commercial solid
waste as generated within the City.
5.02 Special Waste: The Contractor shall not be required to provide collection service for
materials defined as Special Waste under this Contract. Bulky waste, which cannot be
accommodated by Contractor's equipment, shall also be excluded from this Contract.
6.00 VEHICLES AND CONTAINERS
6.01 Vehicles:
A. General. Contractor shall provide a fleet of collection vehicles sufficient in
number and capacity to efficiently perform the work required by the Agreement in
strict accordance with its tenns and related City Ordinances (esp. Moab Municipal
Code, Chapter 17. 76-Noise Ordinance). Contractor agrees to maintain each piece
of equipment used by it in the performance of this Agreement in good order and
repair. Contractor shall have sufficient back-up vehicles and qualified operators
for each type of collection vehicle used to respond to complaints and emergencies
available on collection days.
B. Specifications. All vehicles used by the Contractor in providing solid waste
collection services shall be registered with the Utah State Department of Motor
Vehicles and shall meet or exceed all legal standards. The Contractor agrees to
maintain all of its collection vehicles in compliance with the provisions of the
Utah State Vehicle Code.
C. Vehicle Identification. The Contractor's name, local telephone number, and a
unique vehicle identification number designed by the Contractor for each vehicle
shall be prominently displayed on all vehicles, in letters and numbers no less than
two and one-half (2 'A) inches high. The Contractor shall not place the City's logo
on its vehicles.
D. Cleaning and Maintenance.
1. General: The Contractor shall maintain all of its properties, facilities, and
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equipment used in providing service under this Agreement in a safe, neat,
clean and operable condition at all times, and uniformly painted, to the
satisfaction of the City Manager or his/her designee.
2. Cleaning: Vehicles used in the collection of solid waste shall be thoroughly
washed and thoroughly steam cleaned on a regular basis so as to present a
clean appearance and minimize odors. The City may require the painting of
any vehicle that does not present a satisfactory appearance, as deemed by the
City Manager or his/her designee, at any time. All graffiti shall be removed
immediately. The City may inspect vehicles at any time to determine
compliance with sanitation requirements. The Contractor shall make vehicles
available to the Southeastern Utah District Health Department for inspection
at any frequency it requests.
3. Maintenance: The Contractor shall inspect each vehicle on a regular basis to
ensure that all equipment is operating properly. Vehicles which are not
operating properly shall be taken out of service until they are repaired and do
operate properly. Contractor shall also perform all scheduled maintenance
functions in accordance with the manufacturer's specifications and schedule.
The Contractor shall keep accurate records of all vehicle maintenance,
recorded according to date and mileage and shall make such records available
to the City upon request.
4. Repairs: The Contractor shall repair, or arrange for the repair of, all of its
vehicles and equipment, including dents or other body damage, for which
repairs are needed because of accident, breakdown or any other cause so as to
maintain all equipment in a neat, safe and operable condition. If an item of
repair is covered by a warranty, the Contractor shall obtain warranty
performance. The Contractor shall maintain accurate records of repair, which
shall include date/mileage, nature of repair and the signature of a maintenance
supervisor that the repair has been properly performed:
5. Inventory: The Contractor shall furnish sufficient equipment to provide all
service required under this Agreement, including backup collection vehicles.
The Contractor shall furnish the City a written inventory of all vehicles
("Vehicle Inventory List"), including collection vehicles used in providing
service, and shall update the inventory annually. The inventory shall list all
vehicles by manufacturer, ID number, date of acquisition, type, capacity and
decibel rating.
6. Storage: Contractor shall arrange to store all vehicles and other equipment in
safe and secure location(s) in accordance with City's applicable zoning
regulations.
7. Operation: Vehicles shall be operated in compliance with the Utah State
Vehicle Code and all applicable safety and local ordinances. The Contractor
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shall not load vehicles in excess of the manufacturer's recommendations or
limitations imposed by state or local weight restrictions on vehicles. The
Contractor shall use all reasonable means to minimize any backing of
collection vehicles while on their routes.
6.02 Solid Waste Storage Containers
A. Residential. The City shall provide sufficient approved containers for residential
use. The City shall assist Contractor with delivery and assembly of residential
containers as needed during the term of this agreement, and the Contractor shall
provide personnel as necessary to record serial numbers of containers and the
residences or locations to which they are delivered. Contractor shall assist the
City with maintenance of containers. Contractor may take cans onto Contractor's
premises for the purposes of minor repair and limited storage, as provided for in
this section. City -provided containers will be stored at the City of Moab Public
Works Yard, located on Kane Creek Blvd. Contractor shall make arrangements
with the City to obtain cans for use pursuant to this Contract, and shall maintain
records of cans in Contractor's possession. Within 72 hours of notification of
damage, the Contractor shall repair or replace all containers damaged by the
Contractor during the term of this Agreement, normal wear and tear excepted. It
is further agreed that all 95-gallon residential containers are the property of the
City. The City will provide replacement 95-gallon residential containers as
needed as a result of ordinary wear and tear.
B. Commercial. Commercial containers shall be provided by the Contractor. All
containers with a capacity of one cubic yard or more shall meet applicable federal
regulations on solid waste bin safety. Contractor shall provide rectangular
commercial bins (two -yard minimum capacity) to commercial customers upon
request. All containers provided by the Contractor shall be painted the
Contractor's standard color and shall prominently display the name and telephone
number of the Contractor. All non-residential bins and containers are to be
maintained and cleaned by the Contractor at no charge to the customer. Provisions
to lock containers shall be provided at customer request, at a rate to be determined
between the Contractor and the customer.
C. Repair and Replacement. Contractor shall repair or replace commercial
containers damaged by collection operations or as a result of ordinary wear and
tear at no cost to the City or customers, and shall replace residential containers
damaged by collection operations.
6.03 Unapproved Containers: The Contractor shall not be required to collect solid
waste unless it is in an approved container, as defined in Paragraph 1, except as
otherwise provided for in this Agreement.
6.04 Special Services and Containers: The Contractor will provide, at no additional
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cost, special service for handicapped persons or senior citizens not able to handle
the 95-gallon approved garbage container.
6.05 Container Location: Contractor shall not be required to pick-up containers that
are not within two feet of the blacktop.
7.00 COLLECTION OPERATION
7.01 Collection Point: Normal collection points are established in Moab Municipal
Code Chapter 8.04. Commercial collection points shall be at a point negotiated
between the Contractor and each Commercial user.
7.02 Hauling: All solid waste hauled by the Contractor shall be contained or enclosed
so that leaking, spilling, or blowing of the material is prevented. In the event of
any spillage by the Contractor, the Contractor shall immediately clean up the
litter. The Contractor shall immediately clean up any fluid leaks emanating from
the Contractor's collecting equipment,including but not limited to hydraulic
fluids and oil.
7.03 Litter: The Contractor shall not litter premises in the process of making
collections. The Contractor shall not be required to collect or clean up material
that has not been placed in an approved container.
7.04 Disposal Only at Authorized Facilities: All residential and commercial solid
waste collected shall be hauled by the Contractor to the landfill facilities as
required by regulations, and as designated by the City. Contractor shall ensure
that all waste collected by the contractor within City limits, is deposited at a
facility operated by or franchised by the Grand County Solid Waste Management
District. Approved facilities at present are the Klondike Landfill, the Moab
Landfill, and Bob's Transfer Station. The Contractor shall become familiar with
and abide by all rules, regulations,l"aws, contracts, provisions, etc., related to the
use of such disposal facilities.
7.05 Collection Schedule: The Contractor shall prepare a collection schedule which
shall ensure regular weekly collection service for residential customers, and daily
or as needed service for commercial customers. Adequate equipment, forces and
materials shall be made available by the Contractor to start work on the date
ordered by the City and to comply with the collection schedule. The Collection
schedule shall show the days of the week on which collection will be made at
each residential unit in the collection zone. All regular residential collection shall
be made Monday through Saturday. The Contractor shall coordinate with each
commercial customer to determine the collection schedule for that customer.
Commercial collection shall be made Monday through Saturday. The schedule
should include accommodations for holidays as specified in Section 7.06.
Adjustments may be made for holidays or emergencies upon prior written
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approval by the City. Maps and schedules of collection routes shall be made
available to the City upon request.
7.06 Holidays: The following may be considered by the Contractor to be holidays for
purposes of this contract:
New Years Day
Thanksgiving Day
Christmas Day
Contractor may observe some all of the above -mentioned holidays by suspension
of collection service on that holiday. Should the Contractor elect to observe any of
said holidays, the Contractor shall notify each and every residential customer in
the City of the holiday collection schedule by newspaper notice, which the
contractor shall cause to be published in a newspaper of general circulation.
Notice shall be published at least two days prior but not more than seven days
prior to the interruption of regular collection. The notice shall clearly state the
new collection date and the area affected by the new collection date. If the
collection is made the day immediately following the holiday, no published notice
shall be necessary.
7.07 Time of Collection: The Contractor shall not commence collection of solid waste
in residential areas prior to 7:00 A.M. or continue after 9:00 P.M., and prior to
6:30 am or after 9:00 P.M. in commercial areas, without approval of the City.
The Contractor shall complete all regularly scheduled routes before sundown.
7.08 City Not Liable for Delay: In no event shall the City be liable or responsible to
the Contractor or to any other person for or on account of any stoppage or delay in
the work herein provided for or by any injunction or other legal equitable
proceedings, or as a result of any delay for any cause over which the City has no
control.
7.09 Books, Records, and Contract Confidentiality: The Contractor shall keep records
of the volumes of waste collected and delivered to the landfill and of the charges
therefore and agrees to furnish to the City said records upon request. The City
shall have the right to review any records.
7.10 Tipping Fees: The Contractor shall pay all tipping fees owing to the landfill or
other solid waste facility. In the event that the Contractor does not pay tipping
fees in a timely manner, as agreed upon between the Contractor and the solid
waste facility, the City shall have the right to deduct the amount of tipping fees
from the monthly payment from the City to the Contractor and pay same to the
applicable facility.
7.11 Notification of Violations: The Contractor's employees shall notify property
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owners of violations of the City's solid waste collection and disposal regulations.
Notification shall be given by filling out and attaching to the solid waste can
handle a violation notification form detailing the violation and remedy. The
Contractor's employee shall keep a written record of all such notices distributed
and shall furnish to the City said records upon request.
7.12 Contingency Plan: Contractor shall submit to City within 30 days of the Effective
Date of this Agreement a written "Contingency Plan" demonstrating Contractor's
arrangements to provide vehicles and personnel and to maintain uninterrupted
service during mechanical breakdowns, and in case of natural disaster, strikes or
other emergency, including events described above. The contingency plan shall
identify specific personnel (e.g., management, contract labor, etc.) and equipment
to be used, and the manner in which it will be used (e.g., double shifts, 7 days per
week collection) to provide uninterrupted service during the mechanical
breakdowns, and in case of natural disaster, strikes or other emergency, including
events described above.
8.00 EMPLOYEES
The Contractor agrees to prohibit any employee from working while under the
influence of alcohol, drugs or while otherwise impaired. Employees who
normally and regularly come into direct contact with the public shall bear some
means of individual identification such as a nametag, hat or identification card.
Employees driving the Contractor's vehicles shall at all times possess and carry a
valid commercial driver's license issued by the State of Utah having a class
required to operate the collection vehicle being operated. Contractor's
employees, officers, agents and sub -contractors shall not, under any
circumstances, be allowed to identify themselves or in any way represent
themselves as being employees or agents of the City.
9.00 COMPLAINTS
It is of the utmost importance that the services required under this contract be
provided in a reasonable and responsive manner sufficient to develop and sustain
adequate public acceptance and support of Contractor's services. As a condition
of accepting this Contract, Contractor assures that service will be performed in
this manner and to adhere to the following:
9.01 Office: The Contractor shall maintain a local telephone number and such other
office facilities through which he/she can be contacted. It shall be equipped with
sufficient telephones and shall have a responsible person in charge from 8:00
A.M. to 5:00 P.M. on regular business days. The office shall be within 10 miles
of the City limits. The Contractor shall maintain the capability to receive service
complaints by telephone (in person) during all normal working hours; and by
telephone, in person, or by recorder at all other times. The Contractor shall furnish
the City with after-hours telephone numbers for emergency response.
Page 10of16
9.02 Response and Resolution: The Contractor shall resolve all complaints regarding
services in a prompt, courteous and expeditious manner. Whenever the
Contractor receives notification of locations which have not received scheduled
service, the Contractor shall provide collection before 9:00 P.M. the same day, if
notice is received before 1:00 P.M. If notice is received after 1:00 P.M. collection
shall be provided before 10:00 A.M. the following day.
9.03 Documentation: The Contractor shall maintain a permanent log of all significant
service complaints. The Contractor shall submit a summary of this log to the City
upon request.
9.04 Performance Standards and Liquidated Damages: Should the daily average or
verified missed residential services exceed 2% of the residential units during any
month, liquidated damages equal to $10.00 times the number of missed services
shall be deducted from the Contractor's payment. Should the daily average of
verified missed commercial services exceed 1 % of the total number of
commercial accounts during any month, liquidated damages equal to $20.00 times
the number of missed services shall be deducted from the Contractor's payment.
On the second notice of any verified uncorrected complaint, the City may, at its
option, remedy the complaint and assess $50.00 liquidated damages, to be
deducted from that month's payment. The Contractor and the City recognize that
the City will suffer damage if the Contractor fails to comply with the aforesaid
provisions, that such damages would be difficult to ascertain, and that the
aforesaid sum is a reasonable and agreed estimate of the City's actual damages for
each such failure of the Contractor.
10.00 LAWS, LICENSES, AND TAXES
The Contractor shall conduct operations under this Contract in compliance with
all applicable laws. The Contractor shall obtain all licenses and permits, and
promptly pay all taxes required by governmental agencies.
11.00 NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex,
age, creed, color, religion, or national origin.
12.00 INDEMNITY
The Contractor shall indemnify, save harmless, and exempt the City, its officers,
agents, servants, and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs and expenses, and attorneys' fees
incident to any work done in the performance of this Contract arising out of a
willful or negligent act or omission of the Contractor, its officers, agents, servants
Page 11 of 16
and employees; provided however, that the Contractor shall not be liable for any
suits, actions legal proceedings, claims, demands, damages, cost, expenses and
attorneys' fees arising out of a willful or negligent act or omission of the City, its
officers, agents, servants, and employees.
13.00 INSURANCE
The Contractor shall at all times during the Contract maintain in full force and
effect Worker's Compensation, Public Liability, and Property Damage Insurance
as provided herein. All insurance shall be by insurers and for policy limits
acceptable to the City and shall name the City as an additional insured entity.
Before commencement of work the Contractor agrees to furnish the City
certificates of insurance or other evidence satisfactory to the City to the effect that
such insurance has been procured and is in force. The certificates shall contain
the following express obligation:
"This is to certify that the policies of insurance described
herein have been issued to the insured for whom this
certificate is executed and are in force at this time. In the
event of cancellation or material change in a policy affecting
the certificate holder, thirty (30) days prior written notice
shall be given the certificate holder."
13.01 Coverage Amounts For the purpose of Contract, the Contractor shall carry the
following types of insurance in at least the limits specified below:
Coverage Limits of Liability
Worker's Compensation Statutory
Bodily Injury Liability $2,000,000 each occurrence
Except Automobile $2,000,000 aggregate
Automobile Bodily Injury $2,000,000
Liability $2,000,000 each occurrence
Automobile Property Damage $2,000,000 each occurrence
Liability
14.00 BOND
14.01 Performance Bond: For the duration of the contract Contractor shall execute,
deliver, and maintain at its own expense a financial guarantee in a form
Page 12 of 16
acceptable to the City for the purpose of securing the satisfactory performance of
the obligations contained in this agreement. The performance guarantee shall be
in the form of a surety bond, letter of credit, or certificate of deposit issued by a
bank, insurance company, or other reputable financial institution. In the event of
default, as defined in the contract, the City shall be entitle to draw upon the
financial guarantee up to its stated limits for the purpose of reimbursing or
obtaining payment for any and all direct, incidental, and consequential damages
resulting from breach, including costs incurred collecting or contracting for the
collection of solid waste.
The amount of the financial guarantee shall not be less than one hundred thousand
dollars ($100,000.00). Contractor shall satisfy this Section by providing a
certificate of deposit or letter of credit in the amount of one hundred thousand
dollars or a combination of a certificate of deposit or letter of credit in the amount
of $50,000.00 and a surety bond in the amount of $50,000 to meet the required
amount. The parties agree that any certificate of deposit or letter of credit
provided the Contractor under this Section shall be the Primary Guarantee of
performance. In the event of default, the Primary Guarantee shall be drawn upon
first by the City, until such time as all funds are exhausted. Upon exhaustion of
the Primary Guarantee, the City shall be entitled to draw upon the surety bond,
which shall be regarded as the Secondary Guarantee. Any change in the
instrument(s) used to satisfy the financial guarantee shall be approved in advance
in writing by the City Manager.
The surety on the performance bond shall be a licensed corporate surety
authorized to transact business in the state of Utah. A current power of attorney
authorizing the signatory to sign for and bind the surety shall accompany each
surety bond posted under this Section.
15.00 BASIS AND METHOD OF PAYMENT
15.01 Rates and Charges: Contractor shall be paid for solid waste collection services
actually performed at rates established by Resolution of the City Council.
15.02 Collection and Billing Charges: The City shall prepare for the Contractor's
approval a billing summary that shows the total amount billed to customers as
provided for herein. Said billing summary shall be presented by the City
Treasurer to the Contractor for review and approval by the last day of each month.
Contractor shall review and approve the billing summary within two business
days of presentation to the Contractor by the City Treasurer. Within three
calendar days after Contractor approves the billing summary, City shall pay
Contractor the amount shown on the approved billing summary. The approved
billing summary shall constitute a written request for payment by the Contractor.
The Contract Revenue payable to the Contractor shall be the amount billed to
customers pursuant to the approved request for payment, less the sum of five
percent which shall be retained by the City as payment for performing billing
Page 13 of 16
services. Adjustments to any month's billing summary may be made in
subsequent months if approved in writing by the City Treasurer and the
Contractor. In its discretion, the City may deduct from Contract Revenue any
refund owing a customer due to a billing error, retroactive to a maximum of three
months (without pro -ration) from the date the correction is made. In the event
that the City determines from time to time that a customer account is deemed
uncollectible, as provided for in subsection A below, then the parties agree that
the Contractor's 50% share of the uncollected sums shall be deducted from the
Contract Revenue payable on the next succeeding month. Review of
uncollectible accounts shall take place at least annually.
A. The City shall promptly pursue collection of unpaid accounts, whether by issuing
shut-off notices or by other collection means, and sums collected shall be
included in the Contract revenue owing the Contractor, as defined above. In the
event that the City determines, in its discretion, that delinquent accounts are
uncollectible, then the parties agree that fifty percent (50%) of the sums owing
and deemed uncollectible shall be excluded from the Contract revenue.
B. Where solid waste and culinary water service is suspended by the City due to non-
payment by the customer, the City shall promptly notify the Contractor and solid
waste service shall be suspended until the sums owing are either paid by the
customer or the City is otherwise obligated to restore service.
C. This Section 15.02 shall not apply to accounts which are delinquent and unpaid
prior to the execution by both parties of the Solid Waste Franchise Agreement
renewal.
15.03 Unoccupied Residential Units. Residential units, which are unoccupied for
periods in excess of thirty days, as determined by the City Treasurer, shall not
receive solid waste collection service and shall not be counted toward the total
revenue payable to the Contractor under this Section. Contractor shall be notified
when residential units are unoccupied and shall be allowed to suspend service and
remove the approved containers.
15.04 Type of Use Controls Rates The solid waste collection rate applicable to a given
property shall be based upon the type of land use, whether commercial or
residential, regardless of the type of can used by the customer. Properties with
more than one land use shall be charged the higher applicable rate.
16.00 ASSIGNMENT
No assignment of the Contract or any right accruing under this Contract shall be
made in whole or in part by the Contractor without the express written consent of
the City, which consent shall not be unreasonably withheld. In the event of any
assignment, the assignee shall assume the liabilities and obligations of the
Page 14 of 16
Contractor under this Contract.
17.00 OWNERSHIP
17.01 Title to Solid Waste: Title to all solid waste that Contractor has agreed to accept
shall pass to the Contractor when placed in Contractor's collection vehicle, is
removed by Contractor from a container, or is removed by Contractor from the
Residential or Commercial Unit, whichever last occurs. Contractor does not agree
to collect or accept Special Waste as defined herein and does not agree to accept
title to such Special Waste. Contractor will use their best efforts to recover any
items which a resident or business may have inadvertently or unintentionally
deposited in a container, and if located, will relinquish possession and title to such
resident.
18.00 DEFAULT AND TERMINATION
All terms and conditions contained in this agreement shall be regarded as
material, including collection standards, and the failure to perform any part of this
contract shall constitute a breach of contract. In addition, the following events
shall constitute breach:
a. Failure by act or omission to perform any provision of this Contract agreement,
when such failure is not cured within two (2) business days of delivery of written
notice of same to the Contractor. Nothing in this section shall be construed to
excuse breaches which are not subject to notice under this section. Likewise,
subsequent or repeat notices of breach shall not be required where additional or
similar violations of the same contract provision occur.
b. The filing by Contractor or other interested party of a petition in bankruptcy or
receivership, however denominated, or other similar pleading or court process
seeking relief from debt or debt reorganization.
c. Assignment of all or substantially all of the Contractor's assets, equipment,
corporate stock, or other indicia of ownership without prior approval of the City.
d. Failure generally by the Contractor to pay debts incurred in the performance of
this contract as they become due.
e. The seizure by a creditor, whether by pre- or post judgment process, of
equipment, inventory, or funds used or necessary for the performance of this
contract.
f. The service upon the City of writs of garnishment or other process or demands of
financial guarantee encumbering contract funds by a creditor of the Contractor.
g. Failure to provide adequate assurances of performance upon demand by the City.
18.1 Termination: The City shall be entitled to terminate the agreement for cause upon
delivery of written notice to the Contractor, which termination shall take effect
not less than five (5) days from delivery of notice. The City shall not be required
to seek or provide a pre -termination administrative or judicial hearing.
Page 15 of 16
APPROVED AND ACCEPTED AS SET FORTH BELOW.
Bob's Sanitation, Inc.
By:
Title:
State of Utah
County of Grand
}
Date
1 ")‘�
On the Z& day of i Wv1/1tatv-i Z, personally appeared before me Voba. ku,A3
, who duly acknowledged to me that they executed
the same.
Notary Public
My Commission Expires: a =Z k- i Residing in: Grand County
Rachel E. Stenta, City Recorder
10"-1
Date
16-;63-/`l
Date
DANIELLE GUERRERO
Notary Public
State of Utah
Comm. No. 661693
My Comm. Expires Dec 28, 2016
Page 16 of 16
EXHIBIT B
Chapter 8.04
SOLID WASTE
ARTICLE I. SOLID WASTE COLLECTION
8.04.010 Definitions.
8.04.020 Mandatory collection.
8.04.030 Rates and charges.
8.04.040 Automated collection and point of collection.
8.04.050 Collection schedule; time of placement.
8.04.060 Rules and regulations.
ARTICLE I1. HEALTH AND SAFETY
8.04.070 Accumulations and disposal on property prohibited.
8.04.080 Burning prohibited.
8.04.090 Dumping prohibited.
8.04.100 Pre -enforcement notice.
8.04.110 Abatement.
8.04.120 Collection.
8.04.130 Criminal enforcement.
8.04.140 Successive violations.
ARTICLE I.
SOLID WASTE COLLECTION
8.04.010 Definitions.
The following definitions shall apply to this chapter:
"Approved commercial garbage containers" means contractor -furnished
commercial bins (two -yard minimum capacity). These containers are designed for
automated collection. All containers have permanently attached, tight -fitting lids, and
will meet all state of Utah Department of Health regulations.
"Approved container" means containers approved by the city in its solid waste
rate resolution, which are designed and suitable for automated solid waste collection.
"Approved residential garbage containers" means ninety -five -gallon containers
provided by the city. These containers are designed specifically for automated collection,
and are equipped with wheels for easy movement by residents and other city users. All
containers have permanently attached, tight -fitting lids. Such containers may be referred
to as "Standard."
"Automated collection" means solid waste collection using specialized trucks
capable of lifting and emptying specially designed solid waste receptacles.
"Business" means a location or structure lawfully used or occupied, on either a
temporary or permanent basis, for purposes of carrying on a trade or profession for a
profit.
"Centralized collection" means a group of residences, as defined in this chapter,
receiving solid waste collection at a single point utilizing a dumpster or other approved
container, rather than individual cans kept by each dwelling.
"City" means the city of Moab and all territory within its municipal limits as same
may change from time to time.
"Commercial" means all classes of customers receiving solid waste collection
service which, however denominated, are not classified as a residence, including, without
limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government
buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial
facilities, workshops, warehouses, garages, businesses or any other type of nonresidential
land use.
"Contractor" means the person authorized by contract with the city to collect and
dispose of solid waste generated within the city limits.
"Residence" or "residential," as applied in this chapter, means those solid waste
customers consisting of a house, apartment, town home, condominium, mobile home, or
other structure which is lawfully occupied as a human dwelling, but excluding hotels,
motels, inns, or other dwellings lawfully operated as overnight accommodations.
"Solid waste" means commercial or residential garbage, refuse, trash, or other
discarded material, including liquids and semisolid materials such as food scraps, rags,
cardboard, yard waste, glass, paper, plastics, or wood, but excluding the types of waste
described in "special waste."
"Special waste" means the following materials:
1. Medical or infectious waste;
2. Animal carcasses;
3. Discarded appliances;
4. Construction debris;
5. Motor vehicles;
6. Sewage, sludge, or septage;
7. Explosives;
8. Toxic or hazardous wastes as defined by Utah or federal law;
9. Materials collected for recycling;
10. Used motor oil;
11. Mining slag, drilling mud, or other wastes from mineral extraction or
industrial operations;
12. Ashes or other material which is combusting;
13. Bulky materials which cannot be collected by the contractor using
automated collection pursuant to the terms of the franchise agreement;
14. Restaurant grease; and
15. Large metal objects.
(Ord. 04-06 (part), 2004)
8.04.020 Mandatory collection.
Solid waste shall only be collected within the city limits by the approved
contractor pursuant to the terms of a solid waste collection franchise agreement with the
city. As defined in this chapter, every residence or commercial establishment shall be
required to receive and pay for solid waste collection services from the city. Nothing in
this chapter shall be construed to prohibit a person from hauling residential or
commercial solid waste or special waste generated from a location owned by that person
to an authorized disposal facility, provided that the owner shall at all times remain liable
for solid waste collection service charges assessed by the city pursuant to this chapter.
(Ord. 04-06 (part), 2004)
8.04.030 Rates and charges.
Rates for solid waste collection shall be established and modified from time to
time by the city council. Every solid waste customer within city limits, whether
residential or commercial, receiving culinary water or sewer service from the city, shall
be billed for solid waste service together with water or sewer service charges. As
provided for water and sewer service charges, the owner of every property required to
receive solid waste collection services shall be required to execute an application
agreeing to be liable for all charges for service. In the event that a property owner fails or
refuses to pay for solid waste service, the city shall be authorized to discontinue
providing solid waste service and to disconnect the culinary water service connection to
the property until all accrued charges have been paid in full. Prior to terminating service,
the city shall deliver a written notice of default to the owner advising that if payment is
not made in full by a date specified, the city will discontinue solid waste and culinary
water service to the property. Any person wishing to contest a notice issued under this
section may request a hearing before the city council pursuant to Section 8.04.100 of this
chapter.
A. Solid waste charges may be suspended for residential customers for
periods of time in excess of thirty days when the residence is unoccupied,
provided that the property owner provides written notice to the city
treasurer of same. During the period the residence is unoccupied, culinary
water service and solid waste service shall be suspended. In no case shall
solid waste service be suspended pursuant to this subsection during a time
in which the residence also receives culinary water service.
B. Each residential unit shall be billed separately for solid waste service,
unless centralized collection is authorized pursuant to Section 8.04.040 of
this chapter. Rates assessed on residential customers shall be assessed on a
per unit basis.
C. In its discretion, the city may issue a refund to a customer due to a billing
error, retroactive to a maximum of three months (without proration) from
the date the correction is made.
D. The solid waste collection rate applicable to a given property shall be
based upon the type of land use, whether commercial or residential,
regardless of the type of container used by the customer. Properties with
more than one land use shall be charged the higher applicable rate.
(Ord. 04-06 (part), 2004)
8.04.040 Automated collection and point of collection.
All solid waste shall be deposited into approved containers for automated
collection by the contractor. The point of collection shall be at the curb of a public street
or alley. In the event that the property of the customer is not adjacent to a public street or
alley, the customer shall place the container in the next most accessible location
acceptable to the contractor, which may be on private property. Property owners shall
allow the contractor reasonable access to their property for purposes of collection.
A. Centralized collection may be authorized by the city for residential
customers where site constraints make individual can service
impracticable, and where there is an individual property owner or entity
that assumes liability for payment of all solid waste collection services.
The city shall provide such authorization in writing. The rate owing for
such service shall be based upon the centralized collection rate multiplied
by the number of residential units. Residential customers utilizing
centralized collection not authorized by the city shall pay the standard
residential rate.
(Ord. 04-06 (part), 2004)
8.04.050 Collection schedule; time of placement.
Collection of solid waste shall be pursuant to schedules established by the city
and contractor, except that customers can request and pay for additional pickups in
accordance with approved rates as needed. Solid waste shall not be placed out for pickup
more than twenty-four hours before a scheduled pickup. Empty cans shall be promptly
removed from the curb within twenty-four hours of pickup.
(Ord. 04-06 (part), 2004)
8.04.060 Rules and regulations.
City staff may promulgate additional rules and regulations as are necessary or
appropriate to implement this chapter. All such regulations shall be written and made
available to the public.
(Ord. 04-06 (part), 2004)
ARTICLE II.
HEALTH AND SAFETY
8.04.070 Accumulations and disposal on property prohibited.
No owner or lessee of real property shall knowingly allow or cause solid waste or
special waste to be deposited, disposed, or otherwise allowed to accumulate upon
property which is not zoned and licensed as a storage or disposal site.
A. Accumulations of solid waste or special waste as a result of ordinary
commercial or residential activities is permitted in advance of regularly
scheduled pickups, provided that all solid waste is housed in approved
containers, and any special waste is properly contained so as to prevent
odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or
other hazardous conditions or nuisances.
(Ord. 04-06 (part), 2004)
8.04.080 Burning prohibited.
No person shall knowingly cause or allow solid waste or special waste to be
burned or incinerated within the city.
(Ord. 04-06 (part), 2004)
8.04.090 Dumping prohibited.
No person shall knowing dump, leave, deposit, or release solid waste or special
waste upon any real property within the city, except in conformity with local zoning
requirements and applicable state and federal regulations.
(Ord. 04-06 (part), 2004)
8.04.100 Pre -enforcement notice.
Prior to commencing any civil enforcement or collection proceedings for a default
or other violations of this chapter, the city shall first deliver written notice to the affected
person advising of the nature of the violation and allowing a reasonable opportunity to
cure or abate the violation, or request a hearing before the city council. A person wishing
to contest a notice issued under this section may request a hearing by delivering written
notice to the city prior to the expiration of the cure period. A timely notice shall stay
enforcement proceedings until a hearing can be held. The city council's decision shall be
final for purposes of seeking judicial review or enforcement. The exhaustion of this
administrative remedy shall be a jurisdictional prerequisite to a judicial action by any
person challenging the validity of any enforcement or administrative action by the city.
(Ord. 04-06 (part), 2004)
8.04.110 Abatement.
In the event that a party fails to cure or abate a violation, the city may, in its
discretion, elect to remove or dispose of the offending solid waste or special waste. The
city, or its designee, shall be authorized to enter upon private property for the purpose of
removing or abating the violation. The owner of the real property shall be liable to the
city for all actual costs incurred in cleaning up or abating the violation.
(Ord. 04-06 (part), 2004)
8.04.120 Collection.
In addition to all other remedies, the city may commence a civil action to collect
any sums owing pursuant to this chapter, or to obtain mandatory injunctive relief. In any
injunctive proceeding, the city need only prove the violation of the ordinance to obtain
injunctive relief.
A. In no instance shall an owner or real property be held liable for solid
waste, water, or sewer service charges incurred by a prior owner of the
property.
B. In its discretion, the city may elect to commence a civil action to collect
any debt owing under this chapter. In any civil proceeding where liability
is imposed, the city shall be entitled to recover its reasonable attorney fees
and court costs, in addition to the relief authorized by this chapter.
(Ord. 04-06 (part), 2004)
8.04.130 Criminal enforcement.
In addition to all other remedies, any violation of this chapter shall be punishable
as a criminal Class B misdemeanor, as provided under U.C.A. 76-3-204 and 76-3-301. In
any criminal enforcement proceeding, the court shall have jurisdiction to assess costs,
order restitution to victims, or require abatement of violations, as provided by law.
(Ord. 04-06 (part), 2004)
8.04.140 Successive violations.
Each day of a continuing or ongoing violation of this chapter may be prosecuted
as a separate offense for purposes of all remedies authorized by this chapter.
(Ord. 04-06 (part), 2004)