HomeMy Public PortalAboutRES-CC-2004-22Resolution # 22-2004
A RESOLUTION APPROVING
THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT
WHEREAS, the Solid Waste Collection Franchise Agreement has been presented to this meeting
of the Moab City Council, and is attached to this resolution
NOW, THEREFORE, we, the Govemmg Body of the City of Moab do hereby approve the
attached agreement and all exhibits m substantially the form presented to this meeting of the
Moab City Council, and authorize the appropnate officials to sign and execute said agreement
This resolution shall take effect immedtately upon passage
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 30' flay of N6ve11113er, 2004
CITY OF MOAB
David L. Saknson
Mayor
Attest
1,5ts_t_i_p*,.
Rauhul Miami
City Recorder
Page l of l Resolution #22 2004
EXHIBIT A
RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL
GENERAL SPECIFICATIONS
Table of Contents
100 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
101 Approved Commercial Garbage Containers Contractor furnished commercial bins (two -
yard minimum capacity) These contamers are designed for automated collection All
containers have permanently attached, tight -fitting lids, and will meet all State of Utah
Department of Health regulations
102 Approved Container means 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
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"
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104 Automated Collection means solid waste collection using specialized trucks capable of
lifting and emptying specially designed solid waste receptacles
105 Bob's Transfer Station Transfer station operated by Bob's Sanitation located at 2295
South Hwy 191
106 Bulky Wastes Wastes that are not capable of being stored m 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
107 Busmess Shall be defined to mean a location or structure used or occupied on a
temporary or permanent basis for purposes of carrying on a trade or profession for a
profit
108 Centralized Collection Shall be defmed to mean a group of residences, as defined in
Chapter 8 04 of the Moab Municipal Code, receiving solid waste collection at a single
pomt utilizing a dumpster or other approved container, rather than individual cans kept by
each dwellmg
109 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 denommated, are not classified as a residence, including, without limitation,
offices, restaurants, hotels, resorts, motels, campgrounds, mns, govemment buildings,
churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities,
workshops, warehouses, garages, buisinesses,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 defmed as a Special Waste under City ordinances which
includes building matenals and rubble resulting from construction, remodeling, repair or
demolition operations on houses, buildmgs, structures, or pavements
1 14 Klondike Landfill Landfill operated by the Grand County Solid Waste Distnct located at
15350 N Highway 191 (approximately 19 miles north of City limits)
1 15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste
Management Distnct, located on Sandflats Road
2
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 excludmg hotels, motels, mns, campgrounds, or other dwellings
lawfully operated as overnight accommodations
1 17 Solid Waste Commercial or residential garbage, refuse, trash, or other discarded
material, mcluding solids, liquids, and semi -solid matenals such as food scraps, rags,
cardboard, yard waste, glass, paper, plastics, cans, or wood, but excludmg the types of
waste defined as Special Wastes
1 18 Special Waste shall be defined to mean the followmg matenals
1 medical or infectious waste,
2 animal carcasses,
3 discarded appliances,
4 construction debns, includmg 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, drillmg mud, or other wastes from mineral extraction or mdustrial
operations,
12 ashes or other matenal which is combusting, and
13 matenals 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
Southeastem Utah area
2.00 SCOPE OF WORK
The work shall consist of all items contained in this document, including all necessary
supervision, matenals, equipment, labor and all other items necessary to complete the
work m accordance with the Contract Documents The Contractor is free, subject to any
agreement privately entered mto 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, annual spring/fall cleanup campaigns, and annual Christmas
tree collection, as directed by the City
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3.00 WORKING CONDITIONS
3 01 Continuance of Service in Inclement Weather The Contractor understands the City is
subject to mclement weather conditions mcludmg but not limited to snow, high winds,
ram, heat and flooding In such situations involving inclement weather, Contractor will
continue collection services Where mclement 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 mclement 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 stnke 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 stake 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 descnbed 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 descnbed 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 m 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
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 at the following locations at
the following rates 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
4
City Facilities
Tick Up Site
Collection Monthly
Address Container Size Schedule Charge
Old City Park Old City Park Road 2 2yds 2 times a week $40
Swanny City Park 181 W 4th N 17 green cans 2 times a week no charge
Rotary Park 680 Millcreek Dr 2 2yds 2 times a week $40
Swimming Pool 181 W 4th N 1 2yd 2 times a week $40
No Service At This
City Gym 203 East Center St Time no charge
City Hall 115 W 200 S 1 2yd 2 times a week $40
City Shop 470 Kane Creek 1 2yd 4 times a week $72
Wstwtr Trtmt Pint 1070 W 400 N l 2yd 1 time a week no charge
MARC ill E 100 N 12yd 2 times a week $40
City Ball Park 200 E Center 8 to to green cans 2 times a week no charge
City Kennel 203 East Center St I green can I time a week no charge
Main St & Off
Moab Street Cans Main 31 Street Cans 2 times a week $11 per can per month
5.00 MATERIALS COLLECTED
5 01 Matenals 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
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number and capacity to efficiently perform the work required by the Agreement in
strict accordance with its terms and related City Ordinances (esp Moab Municipal
Code, Chapter 17 76-Norse 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
mamtam 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 i/) 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
equipment used in providing service under this Agreement in a safe, neat, clean
and operable condition at all tunes, 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 at a minimum of one (1) time per week, 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 (a) inspect each vehicle daily 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, and (b) perform all scheduled maintenance functions m accordance with
the manufacturer's specifications and schedule The Contractor shall keep
accurate records of all vehicle mamtenance, recorded accordmg 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 mamtain accurate records of repair, which
shall mclude 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"), mcludmg 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 m safe and secure location(s) in accordance with City's applicable
zoning regulations
E Operation Vehicles shall be operated in compliance with the Utah State Vehicle
Code, and all applicable safety and local ordinances The Contractor shall not
load vehicles in excess of the manufacturer's recommendations or limitations
imposed by state or local weight restnctions 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 senal 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 contamers 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 m 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
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B Commercial Commercial containers shall be provided by the Contractor A11
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 m,mmum 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 bms 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 no cost to 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 m this Agreement
6 04 Special Services and Containers The Contractor will provide, at no additional
cost, special service for handicapped persons or senior citizens not able to handle
the 95-gallon approved garbage container Such special services will be as
directed and approved by the City
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 8 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 matenal 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
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7 04 Disposal Only at Authonzed Facilities A11 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, laws, contracts, provisions, etc , related to the
use of such disposal facilities
7 05 Collection Schedule The Contractor shall prepare and submit for approval by the
City a collection schedule which shall insure regular weekly collection service for
residential customers, and daily or as needed service for commercial customers
Adequate equipment, forces and matenals 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
Commercial collection shall be made Sunday through Saturday The schedule
should include accommodations for holidays approved by the City, and as
specified in Section 7 06 Adjustments may be made for holidays or emergencies
upon pnor written approval by the City
(a) Maps and schedules of collection routes shall be provided to the City a minimum
of 30 days prior to the initiation of collection operations or changes in operation
(b) Maps and schedules of collection routes shall show the day(s) for regularly
scheduled pickup for each route and area
(c) The City shall give pnor written approval to all routes and schedules when
established
(d) Changes in regular residential collection routes or schedules shall not be made
more often than once during any six-month period without the written consent of
the City
7 06 Holidays The following shall be holidays for purposes of this contract
New Years Day
Thanksgiving Day
Christmas Day
Contractor shall observe all of the above -mentioned holidays by suspension of
collection service on that holiday 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
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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 and commercial areas pnor to 7 00 A M or continue after 9 00 P M
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 m
the work herein provided for or by any mjunction 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 coincident with and as a condition of
processing monthly payment, requests, a monthly record showing amounts of
wastes so delivered and the days of delivery of the same, with truck identification
The City shall have the nght 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 employee shall notify property
owners of violations of the City's solid waste collection and disposal regulations
Notification shall be given by fillmg 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 to furnish the City coincident with and as a condition of processing monthly
mvoice requests, a monthly written summary of all such notices given
7 12 Contingency Plan Contractor shall submit to City within 30 days of the Effective
Date of this Agreement a wntten "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, stnkes or
other emergency, minding 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 dunng the mechanical
breakdowns, and in case of natural disaster, strikes or other emergency, including
events described above
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8 00 EMPLOYEES
The Contractor agrees to prohibit any employee from workmg while under the
Influence of alcohol, drugs or while otherwise impaired Contractor's employees
shall be required to wear a clean uniform bearing the Contractor's name
Employees who normally and regularly come into direct contact with the public
shall bear some means of individual identification such as a nametag or
identification card Employees dnving 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 mamtam 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, m person, or by recorder at all other times The Contractor shall furnish
the City with after-hours telephone numbers for emergency response
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 Contractor shall report
the disposition of all complaints by telephone to the designated City
representative in a timely manner
9 03 Documentation The Contractor shall maintain a permanent log of all service
complaints, said log shall specify the following items as a minimum
(1) The name, address and phone number of complainant
(2) The date and time (hour) the complaint was received
(3) The specific nature of the complamt
(4) The date and time (hour) the complainant was responded to
(5) The date and time the complaint was resolved
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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
venfied 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
venfied 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 venfied 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 discnminate 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 attomeys' 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
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
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effect Worker's Compensation, Public Liability, and Property Damage Insurance
as provided herein All msurance 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 followmg ixpress obligation
'"this is to certify that the policies of insurance descnbed
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 matenal change in a policy affecting
the certificate holder, thirty (30) days pnor wntten notice
shall be given the certificate holder "
13 01 Coverage Amounts For the purpose of Contract, the Contractor shall carry the
following types of msurance 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
Excess Umbrella Liability $3,000,000
14.00 BOND
14 01 Performance Bond For the duration of the contract Contractor shall execute,
deliver, and mamtam at its own expense a financial guarantee in a form
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, mcludmg costs incurred collecting or contracting for the
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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 m the amount of one hundred thousand
dollars or a combmation 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 Prunary Guarantee shall be drawn upon
first by the City, until such time as all funds are exhausted Upon exhaustion of
the Pnmary Guarantee, the City shall be entitled to draw upon the surety bond,
which shall be regarded as the Secondary Guarantee Any change in the
lnstrument(s) used to satisfy the financial guarantee shall be approved in advance
m writing by the City Manager
The surety on the performance bond shall be a licensed corporate surety
authonzed 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 as specified below
Residential Rate
$15 00 per residence per month (single approved container, 95 gallons),
$ 4 00 per month each additional 95 gallon container per residence,
Residential Rate. Centralized Collection
$14 00 per residence per month (regardless of container type or number),
Commercial Rate
Two Cubic Yard Automated Bin (rates are per bin)
pickup frequency rate per month
once a week $40 00
twice a week $72 00
three times a week $102 00
four times a week $130 00
five times a week $156 00
six times a week $168 00
seven times a week $186 00
15 02 Collection and Billine 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 approved by the first Thursday
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of each month 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 services Payment shall be due to the Contractor
withm 30 days of each month that services are performed 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 proration) 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 m 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
pnor to the execution by both parties of the Solid Waste Franchise Agreement
renewal
15 03 Unoccupied Residential Units Residential units, which are unoccupied for
penods 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
15
made m 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
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 will use their
best efforts to recover any items which a resident or business may have
madvertently 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 m 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 denommated, 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 mdicia 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 wnts 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 termmation 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
16
19 00 SUPPLEMENTARY INFORMATION
This section is mtentionally left blank
APPROVED AND ACCEPTED AS SET FORTH BELOW
Bob's Sanitation, Inc
By �� a_ 6V. 6
Title Date
State of Utah
County of Grand
)
§
On the 31Z4 day of 'a [Qynt n , personally appeared before me 9c jl - S
who duly acknowledged to me that they executed
the same
Notary Public
My Commission Expires M-3(..)-2•US1 Residing m Grand Co
City of I 1oab
By
NOTARY PUBLIC
TISHA AYERS
300 S Main Si Sox 249
Mosb Utah 44532
Commission Expires
December 30 2007
S FATE OF UTAH
z Z00.y
David Sakrison, Mayor Date
Attes 1, %� _
BY YIG—P 1 D ` 0 I—i
Rachel Ellison, City Recorder Date
17
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
THIS CONTRACT, is made and entered into this the 30th day of November, 2004, 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 December 1, 2004
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 appropnate It is the intent of the
parties to extend and clarify their existing contractual relationship as provided in this
Contract
H. 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
I 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 matenals, 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 writmg, lawfully
approved, and signed by both parties
4 The term of this Contract shall be for a penod of five (5) years commencing upon
execution by both parties It shall be the duty of the Contractor to notify the City no later
than three months pnor 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 appropnate
5 This Contract, including all attachments, is a complete and integrated agreement
terminating and superseding all pnor 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 showmg its operating costs, revenues, and rate of return 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 heanng
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 m 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 Distnct 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 m accordance
with its plain meaning, regardless of the extent to which either party contributed to the
drafting
15 The following attachments and addenda comprise the entirety of this Contract
Exhibit A
Exhibit B
Clof MOAB
6y0,9
General Specifications,
Municipal Code Sections 8 04 010 through 8 04 160 (for informational
purposes only)
Mayor David Sakrison
ATTES f
City Recorder Rachel Ellison
Bob's Sanitation, Inc
Date 11 ---3O --O' 4
Date ���✓U U4
Date i.2-5-6/74
State of Utah
County of Grand
On the 32-6 day of li.kfiAnto A , personally appeared before me RflOajA Ykeb. OLS
who duly acknowledged to me that they executed
the same
Notary Public
My Commission Expires I oi-30 301 Residing m Grand County
NOTARY PUBLIC
TISHA AYERS
300 S Mom SI Box 249
Moab Utah 114532
Commission Expu4s
December 30 2007
S FA rC OF UTAH
o i-d ; ,A0v , i_t_
gl_e_
GpPl
0/i51 vut..P
EXHIBIT B
ORDINANCE NO 2004- 06
AMENDING CHAPTER 8 04 OF THE MOAB MUNICIPAL CODE REGARDING
SOLID WASTE COLLECTION
WHEREAS the City of Moab is authonzed pursuant to Utah law to protect public health
and safety by regulatmg the accumulation and collection of solid waste,
WHEREAS the City from time to time fmds it necessary to update and harmonize its
ordmances to conform with current practices, and
WHEREAS the City is in the process of negottatmg an extended solid waste collection
franchise agreement with the current solid waste contractor,
IT IS ENACTED AS FOLLOWS
Chapter 8 04 of the Moab Mumcipal Code is hereby repealed and replaced with the
followmg
ARTICLE I SOLID WASTE COLLECTION
8 04 010 Definitions The following defuutions shall apply to this Chapter
a "Approved Container" means contamers approved by the City m its solid waste rate
resolution which are designed and suitable for automated solid waste collection
b "Approved Commercial Garbage Containers" means Contractor furnished commercial
bins (two -yard minimum capacity) These contamers are designed for automated
collection All containers have permanently attached, tight -fitting lids, and will meet all
State of Utah Department of Health regulations
c "Approved Residential Garbage Containers" means 95-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
contamers have permanently attached, ught-fttmg lids Such containers may be referred
to as "Standard"
d "Automated Collection" means solid waste collection usmg specialized trucks capable of
lifting and emptying specially designed solid waste receptacles
e "Business" shall be defined to mean 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
f "Centralized Collection" shall be defined to mean a group of residences, as defined in this
Chapter, receiving solid waste collection at a single pomt utilizing a dumpster or other
approved contamer, rather than individual cans kept by each dwellmg
g "City" shall be defined to mean the City of Moab and all temtory withm its municipal
limits as same may change from time to time
h "Commercial" shall be defined to mean all classes of customers receiving solid waste
collection service which, however denominated, are not classified as a residence,
mcludmg, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds,
inns, government buildmgs, churches, hospitals, schools, meeting facilities, retail
establishments, mdustnal facilities, workshops, warehouses, garages, busmesses or any
other type of non-residential land use
i "Contractor" means the person authonzed 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 shall be defined to mean 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
k "Solid Waste" shall be defined to mean commercial or residential garbage, refuse, trash,
or other discarded matenal, including liquids and semi -solid matenals such as food
scraps, rags, cardboard, yard waste, glass, paper, plastics, or wood, but excluding the
types of waste descnbed in subsection (1), below
l "Special Waste" shall be defined to mean the following matenals
1 medical or infectious waste,
2 animal carcasses,
3 discarded appliances,
4 construction debns,
5 motor velucles,
6 sewage, sludge, or septage,
7 explosives,
8 toxic or hazardous wastes as defined by Utah or federal law,
9 matenals collected for recycling,
10 used motor oil,
11 mining slag, dnllmg mud, or other wastes from mineral extraction
or industrial operations,
12 ashes or other matenal which is combusting,
13 bulky matenals which cannot be collected by the Contractor usmg
automated collection pursuant to the terms of the franchise
agreement,
14 restaurant grease, and
15 large metal objects,
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 8 04, every residence or commercial establishment
shall be required to receive and pay for solid waste collection services from the City Nothmg m
this Chapter shall be construed to prohibit a person from haulmg residential or commercial solid
waste or special waste generated from a location owned by that person to an authonzed disposal
facility, provided that the owner shall at all times remam liable for solid waste collection service
charges assessed by the City pursuant to this Chapter
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 agreemg 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 m full
Pnor to termmating service, the City shall deliver a wntten notice of default to the owner
advismg that if payment is not made in full by a date specified, that the City will discontmue
solid waste and culinary water service to the property Any person wishing to contest a notice
issued under this Section may request a hearmg before the City Council pursuant to Section
8 04 100
a Solid waste charges may be suspended for residential customers for penods of
time m excess of thirty days when the residence is unoccupied, provided that the
property owner provides wntten notice to the City Treasurer of same During the
penod 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 authonzed pursuant to Section 8 04 040 Rates assessed
on residential customers shall be assessed on a per unit basis
c huts 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
8 04 040 Automated Collection and Pomt of Collection All solid waste shall be deposited
mto approved containers for automated collection by the Contractor The pomt of collection
shall be at the curb of a public street or alley hi the event that the property of the customer is not
adjacent to a public street or alley, the customer shall place the container m the next most
accessible location acceptable to the Contractor, which may be on pnvate property Property
owners shall allow the Contractor reasonable access to their property for purposes of collection
a Centralized collection may be authonzed by the City for residential customers
where site constraints make individual can service impracticable, and where there
is an mdividual property owner or entity that assumes liability for payment of all
solid waste collection services The City shall provide said authonzation in
wntmg The rate owmg for said service shall be based upon the centralized
collection rate multiplied by the number of residential units Residential
customers utdizmg centralized collection not authonzed by the City shall pay the
standard residential rate
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 m 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
8 04 060 Rules and Regulations City staff may promulgate additional rules and regulations
as are necessary or appropnate to implement this Chapter All such regulations shall be wntten
and available to the public
ARTICLE Q 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 m advance of regularly scheduled pickups,
provided that all solid waste is housed m approved containers, and any special
waste is properly contained so as to prevent odors, fumes, leaks, dust, trisects,
unsightly debns, amnia' mfestattons, or other hazardous conditions or nuisances
8 04 080 Burning Prohibited No person shall knowingly cause or allow soltd waste or
special waste to be bumed or incinerated within the City
8 04 090 Dumpmg Prohibited No person shall knowmgly dump, leave, deposit, or release
solid waste or spectai waste upon any real property withm the City, except in conformity with
local zoning requirements and applicable state and federal regulations
8 04 100 Pre -enforcement Notice Pnor to commencing any civil enforcement or collection
proceedings for a default or other violations of this Chapter, the City shall frost deliver wntten
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 deltvenng wntten
notice to the City pnor to the expuatton of the cure penod 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 admuustrative action by the City
804 110 Abatement in the event that a party fails to cure or abate a violation, the City
may, m its discretion, elect to remove or dispose of the offending solid waste or special waste
The City, or its designee, shall be authonzed to enter upon pnvate 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 abatmg the violation
8 04120 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
obtam injunctive relief
a In no instance shall an owner of real property be held liable for solid waste,
water, or sewer service charges incurred by a pnor owner of the property
b In its discretion, the City may elect to commence a civil action to collect any debt
owmg 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, m
addition to the relief authorized by this Chapter
8 04 130 Criminal Enforcement in addition to all other remedies, any violation of this
Chapter shall be punishable as a cnmmal Class B misdemeanor, as provided under U C A 76-3-
204 and 76-3-301 In any cniniiia' enforcement proceeding the Court shall have jurisdiction to
assess costs, order restitution to victims, or require abatement of violations, as provided by law
8 04 140 Successive Violations Each day of a contmuing or ongoing violation of this
Chapter may be prosecuted as a separate offense for purposes of all remedies authonzed by this
Chapter
PASSED, ADOPTED AND APPROVED by the Govemmg Body of the City of Moab m
open session this 30th day of November, 2004 This ordmance shall take effect
immediately upon passage
CITY QFl MOAB
By 2 „b4c. zcm
Mayor David Saknson Date
Attest n n
By �' I Cuti4 X
Rachel Ellison, City Recorder