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HomeMy Public PortalAboutPKT-CC-2009-11-24CITY OF MOAI3 NOVGMI3GR 24, 2009 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMI3ERS (217 EAST CENTER STREET) Page 1 of 64 Page 2 of 64 November )00H110ZIANtill[IrSdill@didr J J Sun Mon Tue Wed Thu Fri Sat 1 2 4:00 GCWB 6:00 GCAB 3 Moab General Election 4 7:00 CVPC 5 6 7 8 9 12:30 GCCOA 10 12:00 TRAIL 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council MIX Meeting 11 6:00 GCPC 12 6:00 MCPC 6:30 TSSFD 13 14 15 16 17 18 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 19 5:30 TCAB 20 21 22 23 12:00 CJC 24 3:00 MTPSC 7:00 SEUDHD 7:00 MC Council Meeting 25 6:00 GCPC 26 27 28 29 30 T Y Op Rs._ 2009 „ , . , , , „ „AAf, Moab City Recorder s Office Page 3 of 64 December I Sun Mon Tue Fri Sat 2,009-Noi-Neetiechedukr Wed Thu 1 2 7:00 CVPC 3 4 5 6 7 8 9 10 11 12 4:00 GCWB 12:00 TRAIL MIX 6:00 GCPC 6:00 MCPC 6:00 GCAB 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 13 14 15 16 17 18 19 12:30 GCCOA 5:00 GCLB 5:30 TCAB 6:30 CVTC 7:00 GCRSSD 20 21 22 23 24 25 26 3:00 MTPSC 6:00 GCPC 7:00 MC Council Meeting 27 28 29 30 31 2009 Updated on: 11/6/2009 Moab City Recorder's Office Page 4 of 64 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab — Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, November 24, 2009 at 7:00 p.m. 41111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for November 2009 for Helen M. Knight Intermediate School SECTION 5: NEW BUSINESS 5-1 Approval of Proposed Resolution #26-2009 - A Resolution Approving The Solid Waste Collection Franchise Agreement 5-2 Approval of Proposed Resolution #27-2009 - A Resolution Supporting the City of Moab's Participation in the Southeastern Utah Association of Local Government's Pre -Disaster Hazard Mitigation Plan Development Process SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/ COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Resolution # 26-2009 A RESOLUTION APPROVING THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT WHEREAS, the City has previously entered into a Franchise Agreement with Bob's Sanitation providing for the provision of residential and commercial solid waster collection services within the municipal limits of the City; and WHEREAS, Section 5 of the original 1999 contract between the City and Bob's Sanitation authorizes extensions to the contract upon such terms as the parties deem appropriate; and WHEREAS, the original 1999 contract has been extended through December 1, 2009; and WHEREAS, the Solid Waste Collection Franchise Agreement authorizing an additional five year extension has been presented to this meeting of the Moab City Council, and is attached to this resolution. NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the attached agreement and all exhibits in substantially the form presented to this meeting of the Moab City Council, and authorize the appropriate officials to sign and execute said agreement. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 24th day of November, 2009. Attest: Rachel Ellison City Recorder CITY OF MOAB By: David L. Sakrison Mayor Page 1 of 1 Page 1 of 1 Rcsolution #26-2009 Page 7 of 64 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Co it i From: Donna Metzler, City Manager Date: November 20, 2009 Subject: Solid Waste Collection Franchise Renewal MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCK! ROB SWEETEN As directed by the City Council, I have negotiated a five-year extension of the Solid Waste Collection Franchise Agreement with Bob's Sanitation. The in -effect agreement provides for extensions. The original agreement was approved in 1999, and a first extension was approved in 2004, with a term ending on November 30, 2009. Several other amendments have been made to the agreement over the years, all of which have been incorporated into the extensions and/or the newly negotiated agreement before the City Council for approval. Please note that the Franchise Agreement consists of the Agreement itself, plus two exhibits: the General Specifications (Exhibit A) and the in -effect Moab Municipal Code sections related to solid waste collection and refuse (Exhibit B). The General Specifications deal with the specifics of the collection operation itself, while the code provides the legal basis for the agreement and the specifications. The General Specifications need to be agreed to by both parties, along with the agreement itself. Attached for your reference are the following documents: 1. A "clean" version of the newly negotiated Solid Waster Collection Franchise Agreement. 2. A "redline" copy of the newly negotiated agreement that shows the changes from the existing agreement. 3. A "clean" version of the Residential and Commercial Solid Waste Collection General Specifications, shown as Exhibit A. 4. A "redline" copy of the general specifications that shows the negotiated changes. 5. A copy of the relevant municipal code sections, shown as "Exhibit B". 6. The Resolution approving the Agreement. In keeping with the idea that an extension of an existing agreement does not entail substantial or material changes to the agreement, I negotiated with Bob's Sanitation revisions to the agreement and specifications that clarify existing procedures, reduce paperwork, and reflect existing conditions and challenges. Note that the agreement DOES NOT entail rate increases for either residential or commercial solid waste collection rates. I will not go over all of these changes in detail, but you can see them in the redline versions. Of note are a few items to which I would like to draw the Council's attention: 1. Section 4.01 City Facilities — As a commercial customer, the City pays the Contractor for solid waste collection services. In our negotiations, the Contractor requested that there be an increase in price for some of these services. While I believe that it is appropriate that the City pay a fair price for such services, the requested increase represents a 50% ADM-MEM-09-11-001 Page 8 of 64 cost increase for the City. According the collection and price schedule currently in effect for City Facilities, the City pays approximately $9,240 per year for solid waste collection services. The price schedule proposed by the Contractor would mean an increase of approximately $4,600. The City did not budget for this increase. At the City's request, Bob's Sanitation has agreed to postpone these price increases until July 1, 2010. The contract document contemplates implementation of the price increase next year. 2. Section 13.01 Coverage Amounts -- The negotiated agreement removes the requirement for "Excess Umbrella Coverage" for required insurance. In talking with the Contractor, as well as the Contractor's insurance provider, the level of coverage provided without the umbrella coverage is more than sufficient to cover the type of liability involved with this contract. The major exposure is in automobile liability, which will be insured for $2,000,000. I have reviewed other communities' insurance requirements for their garage haulers and have found our requirement to be higher than any other community of similar and even much larger size. The Excess Umbrella coverage would cost the Contractor about $15,000 more per year. There has been some discussion in the last week that the City should consider limiting the contract extension term to two years so that the City may consider how recycling might work into the solid waste collection franchise. As the Council knows, I was given direction to negotiate a five-year contract. So, the terms and conditions of the contract reflect that assumption. One of the reasons for the five year term is that it allows the Contractor to make investments in expensive capital equipment (trucks) that can be paid off over a five- year period. Without the "guarantee" of the revenue from a five year contract, the Contractor cannot confidently and prudently make such investments. This is why the Solid Waste Collection Contract and its extensions run for five year increments. The uncertainty caused by a one to two year term would create too much risk for a small business. recommend against unilaterally changing the term, especially without conferring with the Contractor. The City has the authority to issue a separate bid for recycling services, should it so choose. ADM-MEM-09-11-001 Page 9 of 64 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS CONTRACT is made and entered into this the 30th day of November, 2009, 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, and then again through December 1, 2009. 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, updated November 24, 2009, 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 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 prior to the expiration of the Contract that such Contract is approaching its termination date. Upon receiving such notice, the City and Contractor Page 10 of 64 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 parry 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 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 hearing. Page 11 of 64 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 and addenda comprise the entirety of this Contract: Exhibit A Exhibit B CITY of MOAB General Specifications, Updated November 24, 2009; Municipal Code Sections 8.04.010 through 8.04.160 (for informational purposes only). Mayor David Sakrison ATTEST: City Recorder Rachel Ellison Bob's Sanitation, Inc. By: Title: Date: Date: Date: Page 12 of 64 State of Utah County of Grand ) § ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 13 of 64 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS CONTRACT, is made and entered into this the 30th da�of November, 2009 band 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, and then again through December 1, 2009, 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, updated November 24, 2009, 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 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 prior to the expiration of the Contract that such Contract is approaching its termination date. Upon receiving such notice, the City and Contractor Deleted: 30 Deleted: 4 Deleted: . 5-1 Page 14 of 64 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 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 hearing. Page 15 of 64 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 and addenda comprise the entirety of this Contract: Exhibit A Exhibit B CITY of MOAB General Specifications, Updated November 24, 2009; Municipal Code Sections 8.04.010 through 8.04.160 (for informational purposes only). Mayor David Sakrison ATTEST: City Recorder Rachel Ellison Bob's Sanitation, Inc. By: Title: Date: Date: Date: Page 16 of 64 State of Utah County of Grand ) § ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 17 of 64 EXHIBIT A RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL GENERAL SPECIFICATIONS Updated November 24, 2009 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 with wheels for easy movement by residents and other City users. All containers have 1 Page 18 of 64 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 Hwv 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). 1.15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste Management District, located on Sandflats Road. 2 Page 19 of 64 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. 3 Page 20 of 64 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 Page 21 of 64 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. City Facilities: Pick Up Site Monthly Monthly Charge Charge through Effective Collection June 30, July 1, Address Container Size Schedule 2010 2010 Old City Park Old City Park Road 2 2yds 2 times a week $48 $86 Swanny City Park 181 W 4th N 20 green cans 2 times a week no charge $12/can Rotary Park 680 Millcreek Dr. 2 2yds 2 times a week $48 $86 Swimming Pool (when facility is in operation) 181 W 4th N 1 2yd 2 times a week $40 $86 no service at this City Gym 203 East Center St time n/a no charge no charge City Hall 115 W 200 S 1 2yd 2 times a week $48 $48 City Shop 470 Kane Creek 1 2yd 4 times a week $86 $86 Wstwtr Trtmt Pint 1070 W 400 N 1 2yd 1 time a week no charge no charge MARC 111 E. 100 N 1 2yd 2 times a week $40 $48 City Ball Park 200 E Center 8 green cans on call/as needed no charge $12/can City Animal Shelter 203 East Center St. 1 green can 1 time a week no charge $12/can Main St. & Off Moab Street Cans Main 41 street cans 2 times a week $12/can $12/can Page 4 of 16 Page 22 of 64 5-1 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 terms 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 (21/2) 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 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 Page 4 of 16 Page 23 of 64 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 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 Page 4 of 16 Page 24 of 64 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 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. Page 4 of 16 Page 25 of 64 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, laws, 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 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 Page 4 of 16 Page 26 of 64 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 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 Page 4 of 16 Page 27 of 64 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. 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 Page 4 of 16 Page 28 of 64 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 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: Page 4 of 16 Page 29 of 64 "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 following types of insurance Coverage Worker's Compensation Bodily Injury Liability Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability 14.00 BOND purpose of Contract, the Contractor shall carry the in at least the limits specified below: Limits of Liability Statutory $2,000,000 each occurrence $2,000,000 aggregate $2,000,000 $2,000,000 each occurrence $2,000,000 each occurrence 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 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 Page 4 of 16 Page 30 of 64 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 as specified below: Residential Rate $16.00 per residence per month (single approved container, 95 gallons); $ 6.00 per month each additional 95 gallon container per residence; Residential Rate, Centralized Collection $15.00 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 twice a week three times a week four times a week five times a week six times a week seven times a week $48.00 $86.00 $122.00 $156.00 $187.00 $201.00 $223.00 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 4 of 16 Page 31 of 64 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 Contractor under this Contract. Page 4 of 16 Page 32 of 64 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 4 of 16 Page 33 of 64 19.00 SUPPLEMENTARY INFORMATION This section is intentionally left blank. APPROVED AND ACCEPTED AS SET FORTH BELOW. Bob's Sanitation, Inc. By: Title: Date State of Utah County of Grand ) § ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County City of Moab By: David Sakrison, Mayor Date Attest: By: Rachel Ellison, City Recorder Date Page 4 of 16 Page 34 of 64 EXHIBIT A RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL GENERAL SPECIFICATIONS Updated November 24, 2009 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 approvedlpy the City in its solid waste rate resolution, Deleted: means which are designed and suitable for automated solid waste collection. Deleted: c 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 1 Page 35 of 64 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 Hwv 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). 1.15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste Management District, located on Sandflats Road. 2 Deleted: means Deleted: s i Deleted: Shall be defined to mean a Deleted: 1 Page 36 of 64 5-1 1 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. 3 Page 37 of 64 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�leanup 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. 4.00 COLLECTION FROM PUBLIC SITES Page 4 of 16 Deleted: annual spring/fall Deleted: , Deleted: as directed by Page 38 of 64 5-1 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. City Facilities: Pick Up Site Monthly ;Monthly Charge Charge through Effective Collection June 30, July h Address Container Size Schedule 2010 2010 Old City Park Old City Park Road 2 2yds 2 times a week $44_ 86 Swanny City Park 181 W 4th N 22 green cans 2 times a week no charge $12/can Rotary Park 680 Millcreek Dr. 2 2yds 2 times a week $44_ $86 Swimming Pool (when facility is in operation) 181 W 4th N 1 2yd 2 times a week $40 $86 top lervice at this City Gym 203 East Center St time City Hall 115 W 200 S 1 2yd City Shop 470 Kane Creek 1 2yd Wstwtr Trtmt Pint 1070 W 400 N 1 2yd MARC 111 E. 100 N 1 2yd City Ball Park 200 E Center 8i,gn cans n/a 2 times a week Formatted: Font: Bold Deleted: 0 Deleted:17 Deleted: 0 Deleted: N no charge no ch tfge( \\ Deleted: S $44 48 \ 4 times a week SL 86 \ \ l Deleted: A Deleted: T Deleted: T 1 time a week no charge no charge\ 2 times a week $40 $48 on call/as needed no charge $12/can City Animal Shelter,_ 203 East Center St. 1 green can 1 time a week no char e $12/can Main St. & Off Moab Street Cans Main 41 street cans 2 times a week $12/can $12/can \\ 5.00 MATERIALS COLLECTED \ Deleted: 0 Deleted: 72 Deleted: to 10 Deleted: 2 times a week Deleted: Kennel Deleted: Moab Street Cans Deleted: Main St. & Off Main 5.01 Materials Collected: The Contractor shall collect all residential and commercial solid Page 4 of 16 Deleted: 31 Street Cans Deleted: 2 times a week \ Deleted: $11 per can per month Page 39 of 64 5-1 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 terms 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 'h) inches high. The Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance. 1. peneral 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 times, and uniformly painted, to the satisfaction of the City Manager or his/her designee. 2. gleaning 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. *-\ Page 4 of 16 Deleted: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ...+ Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Deleted: 1. Deleted: 2. Formatted: Bullets and Numbering Deleted: Deleted: at a minimum of one (1) time 1 per week, Page 40 of 64 5-1 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. Aepairs The Contractor shall repair, or arrange for the repair of, all of its 7 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 �1 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. 'Operation. Vehicles shall be operated in compliance with the Utah State Vehicle Code_ond all applicable safk and local ordinances. The Contractor 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 Page 4 of 16 Formatted: Bullets and Numbering Deleted: 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 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 Section Break (Next Page) Deleted: 4. _ Formatted: Bullets and Numbering i Deleted: Deleted: Deleted: 5. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ...+ Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Deleted: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ...+ Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Deleted: 6. - Deleted: E. Formatted: Bullets and Numbering Deleted: , 5-1 Page 41 of 64 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 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 Page 4 of 16 Deleted: t no cost to the customer. i Deleted: Such special services will be as directed and approved by the City. i Deleted: 8 Page 42 of 64 5-1 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, laws, contracts, provisions, etc., related to the use of such disposal facilities. 7.05 Collection Schedule: The Contractor shall prepareia collection schedule which -� shall wsure 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 Mondaythrough 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 approval by the Citylaps 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 tgbe 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 no - each and every residential customer in \ the City of the holiday collection schedule by newspaper notice, which the Page 4 of 16 i Deleted: and submit for approval by the City \ Formatted: Tabs: 6", Right + Not at 0" + 0.5" + 6.5" Deleted: i Deleted: Sunday Deleted: approved by the City, and Deleted:.¶ 11 (a) Deleted: provided to the City a minimum of 30 days prior to the initiation of collection operations or changes in operation. Deleted: (b) - Maps and schedules of collection routes shall show the day(s) for regularly scheduled pickup for each route and areal (c) The City shall give prior 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.¶ Deleted: shall Deleted: shall Deleted: T Page 43 of 64 5-1 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,reas 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 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. Page 4 of 16 i Deleted: and commercial i Deleted: 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. i Deleted: to furnish the City coincident with and as a condition of processing monthly invoice requests, a monthly written summary of all such notices given. Page 44 of 64 5-1 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. 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 Page 4 of 16 i Deleted: Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Deleted: Contractor shall report the disposition of all complaints by telephone to the designated City representative in a timely manner. (Formatted: Indent: Left: 0.5", l Hanging: 0.5", Tabs: Not at 0.5" Deleted: ; said log shall specify the following items as a minimum: Deleted: ¶ (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 complaint.¶ (4) The date and time (hour) the complainant was responded to.¶ (5) The date and time the complaint was resolved.¶ II Page 45 of 64 5-1 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 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 Page 4 of 16 Page 46 of 64 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 following types of insurance Coverage Worker's Compensation Bodily Injury Liability Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability 14.00 BOND purpose of Contract, the Contractor shall carry the in at least the limits specified below: Limits of Liability Statutory $2,000,000 each occurrence $2,000,000 aggregate $2,000,000 $2,000,000 each occurrence $2,000,000 each occurrence 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 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 Page 4 of 16 Deleted: Excess Umbrella Liability $3,000,000¶ Page 47 of 64 5-1 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 as specified below: Residential Rate $1M0 per residence per month (sin& approved container, 95 gallons); $ MO per month each additional 95 gallon container per residence; Residential Rate, Centralized Collection $1500 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 $4400 twice a week $M.00 three times a week $1;2.00 four times a week $1 .00 five times a week $1800 six times a week $201,00 seven times a week $223,.00 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 pie 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 Page 4 of 16 i Deleted: 5 Deleted: 4 i Deleted: 4 i Deleted: 0 Deleted: 72 Deleted: 0 Deleted: 30 Deleted: 56 Deleted: 168 Deleted: 186 Deleted: approved by the first Thursday of each month. Deleted: . Page 48 of 64 5-1 percent which shall be retained by the City as payment for performing billing 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 wasterservice 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 4 of 16 i Deleted: Payment shall be due to the Contractor within 30 days of each month that services are performed. Deleted: Page 49 of 64 5-1 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 4 of 16 Page 50 of 64 19.00 SUPPLEMENTARY INFORMATION This section is intentionally left blank. APPROVED AND ACCEPTED AS SET FORTH BELOW. Bob's Sanitation, Inc. By: Title: State of Utah County of Grand Date On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County City of Moab By: David Sakrison, Mayor Date Attest: By: Rachel Ellison, City Recorder Date Page 4 of 16 Page 51 of 64 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 II. 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 Page 52 of 64 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; Page 53 of 64 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 Page 54 of 64 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) Page 55 of 64 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) Page 56 of 64 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) Page 57 of 64 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) Page 58 of 64 RESOLUTION NO.27-2009 A RESOLUTION SUPPORTING THE CITY OF MOAB'S PARTICIPATION IN THE SOUTHEASTERN UTAH ASSOCIATION OF LOCAL GOVERNMENT'S PRE -DISASTER HAZARD MITIGATION PLAN DEVELOPMENT PROCESS WHEREAS, the Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Pre -Disaster Hazard Mitigation Plan to be eligible for Federal Emergency Management Agency post -disaster funds; and WHEREAS, the Federal Emergency Management Agency's (FEMA's) Local Hazard Mitigation Plan requirements allow for the development of multi jurisdictional mitigation plans; WHEREAS, the Southeastern Utah Association of Local Governments (SEUALG) has been contracted by the State of Utah to prepare a Pre -Disaster Mitigation Plan covering all of the jurisdictions in the SEUALG Area; and WHEREAS, the SEUALG Executive Council approved SEUALG staff to write the plan; and WHEREAS, the City of Moab is within the SEUALG Area; and WHEREAS, the Moab City Council is concerned about mitigating potential losses from natural disasters before they occur; and WHEREAS, the plan will identify potential hazards, potential losses and potential mitigation measures to limit losses; and WHEREAS, the Moab City Council has determined that it would be in the best interest of the community as a whole to participate in the SEUALG planning process to develop and adopt a multi jurisdictional Pre - Disaster Hazard Mitigation Plan as it pertains to the City; therefore NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that the City of Moab commits to participate in the SEUALG Local Hazard Mitigation Plan planning effort according to FEMA's guidance and requirements. This Resolution shall be effective on the date it is adopted. DATED this 24th day of November, 2009. ATTEST: Rachel Ellison City Recorder SIGNED: David L. Sakrison Mayor Resolution #27-2009 Page 1 of 1 Page 59 of 64 SOUTHEASTERN UTAH ASSOCIATION OF LOCAL GOVERNMENTS DOE PICCOLO ChA1RMAN WlttiAM D. HOWEll EXECUTIVE DIRECTOR November 5, 2009 Mayor Dave Sakrison 280 W. 300 S. Moab, UT 84532 Mayor Sakrison, 375 $OUTIi CARBON AVE. PO. DRAWER 1106 PRICE, UTAI-I 84501 (435) 637-5444 FAX (435) 637- 5448 Five years ago, the communities and counties of southeast Utah participated in a FEMA sponsored, Pre -Disaster Mitigation (PDM) planning process. The intent of that process was to identify potential sources of natural disaster or natural hazard within your community and then outline measures that could be taken to either prevent damage or minimize any damage that may result should a disaster actually occur. Participation in the PDM plan was discretionary and not obligatory. However, if a natural disaster were to strike a jurisdiction and if the stricken jurisdiction was not a participant in the PDM plan and planning process, then that jurisdiction would not be eligible for I-EMA disaster relief. Nor would it be eligible for hazard mitigation assistance. The PDM plan that was completed five years ago is about to expire. To maintain eligibility for t-EMA assistance, it is required that this plan be renewed for another five year term. The new process is now called the Local Hazard Mitigation Plan or LHMP planning process. Now that the L HMP planning process is beginning, your jurisdiction is again being invited to participate. If, by action of your governing body, you choose to participate in the planning process, you are required by 1-EMA and the Utah Division of Homeland Security (HLS) to execute a "Letter of Commitment." Utah HLS provided us with a draft letter of commitment which I have re -written to fit our area. A draft copy is enclosed with this letter of transmittal. This letter of commitment must be on your jurisdiction's letterhead. The original of your executed letter of commitment must be sent to this Association of Local Governments. A copy of your letter is to be sent to the Utah state Division of Homeland Security. Addresses are listed on an instruction sheet which is also included with this letter. AREA AGENCY ON AGING • BUSINESS INCUBATION • COMMUNiTy HOUSING REhABILITATION • COMMUNITy SERVICES • ECONOMIC DEVEEOPMENT NTTp://www.seualg.utah.gov firstinitiallastname@seualg.utah.gov Page 60 of 64 5-2 If you have any questions about this planning process, please call either Mike Bryant (ext. 414) or me (ext. 405). If you would like to have the enclosed draft "Letter of Commitment" sent to your office electronically, please call Mike. The Division of Homeland Security has requested that executed letters of commitment be forwarded to it no later than November 30. For this reason, you must respond to this overture to participate as soon as possible. Sincerely, William D. Howell 5-2 Page 61 of 64 Instructions for completing "Letter of Commitment" to Participate in the Multi -Jurisdictional Local Hazard Mitigation Plan Effort Sponsored by Southeastern Utah Association of Local Governments The Utah Division of Homeland Security (Utah HLS) and FEMA have designated the Southeastern Utah Association of Governments (AOG) as the lead agency for writing an updated, southeast regional, multi -jurisdictional "Local Hazard Mitigation Plan," (LHMP). As lead agency, the AOG is required to solicit "Letters of Commitment" from each city, county, and special district supplying potable water that wishes to participate in this hazard mitigation planning effort. A sample "Letter of Commitment" accompanies these instructions. If you choose to execute a Letter of Commitment, please mail the original to the AOG at the address below: SEUALG C/O Mike Bryant, Planner P.O. Box 1106 Price, UT 84501 You are also requested to submit a copy of your "Letter of Commitment" to the Utah State Division of Homeland Security. That address is: Brad Bartholomew Utah Division of Homeland Security 1110 State Office Building Salt Lake City, UT 84114 Utah DHLS and FEMA are requesting this "dual process" of mailing letters of commitment because, in the past, some local jurisdictions were unsure if they were actually included in a completed FEMA-approved multi - jurisdictional LHMP. By completing this Letter of Commitment and delivering it both to the AOG and to Utah HLS, local jurisdictions and potable water delivery agencies will demonstrate their understanding of the responsibilities which they must accept in order to be recognized as a participating member of a FEMA approved, multi -jurisdictional LHMP. Being recognized as a participating member in an approved Local Hazard Mitigation Plan is a requirement which, when met, establishes a local jurisdiction's or potable water delivery agency's eligibility for federal hazard mitigation or disaster relief grant funds. 5-2 Page 62 of 64 SAMPLE DRAFT LETTER OF COMMITMENT ON PARTICIPATING JURISDICTION'S LETTERHEAD [date] To: SEUALG C/O Mike Bryant, Planner P.O. Box 1106 Price, UT 84501 Re: Letter of Commitment as a participating jurisdiction in the SEUALG Multi -jurisdictional Hazard Mitigation Planning effort Dear Mr. Bryant, The Federal Emergency Management Agency's (FEMA) Local Hazard Mitigation Plan requirements under 44 CFR §201.6 specifically identify criteria that allow for multi -jurisdictional mitigation plans. Moreover, many planning issues are better and more comprehensively addressed through coordination at the county, regional, or watershed level. For these reasons, is submitting this letter of commitment to confirm that we intend to participate in the Southeastern Utah Association of Local Government's (SEUALG) proposed multi -jurisdictional Local Hazard Mitigation Planning (LHMP) effort. Further, as a condition to participating in the mitigation planning effort, agrees to meet the requirements for mitigation plans identified in 44 CFR §201.6 and also to provide, in a timely manner, such cooperation as is necessary so that SEUALG may complete the district -wide LHMP plan in conformance with FEMA requirements. understands and agrees that it must engage in the LHMP planning process, as more fully described in FEMA's Local Multi -Hazard Mitigation Planning Guidance dated July 1, 2008, including, but not limited to: ➢ Identification of hazards unique to the jurisdiction and not addressed in the master planning document; ➢ The conduct of a vulnerability analysis and an identification of risks, where they differ from the general planning area; ➢ The formulation of mitigation goals responsive to public input and development of mitigation actions complementary to those goals. A range of actions must be identified specific to each jurisdiction. ; ➢ Demonstration that there has been proactively offered an opportunity for participation in the planning process by all community stakeholders (examples of participation include relevant involvement in any planning process, attending meetings, contributing research, data, or other information, commenting on drafts of the plan, etc.); and ➢ Documentation of an effective process to maintain and implement the plan; and, ➢ Formal adoption of the Multi -jurisdictional Hazard Mitigation Plan by the jurisdiction's governing body (each jurisdiction must officially adopt the plan). 5-2 Page 63 of 64 Therefore, with a full understanding of the obligations assumed as a participant in the FEMA-directed local hazard mitigation planning process, I (Name of authorized official), on behalf of (Name of jurisdiction) commit to participation in the FEMA LHMP process being sponsored by the Southeastern Utah Association of Local Governments. Executed this _ day of Jurisdiction official's signature Page 64 of 64