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HomeMy Public PortalAboutPKT-CC-2019-01-22JANUARY 22, 2019 JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 P.M. REGULAR COUNCIL MEETING 7:00 P.M. City Council Chambers 217 East Center Street Moab, Utah 84532 Pre -Council Workshop Joint City Planning Commission and City Council Discussion with the State Property Rights Ombudsman's Office Call to Order and Pledge of Allegiance Approval of Minutes Regular City Council Meeting Minutes - January 8, 2019 2019 -01 -08 mcc minutes draft.pdf Mayor and Council Reports Administrative Reports Citizens to Be Heard Presentations Proclamation of January 21, 2019 as Martin Luther King Jr. Day in the City of Moab mlk day 2019.pdf Mayor ’s Students of the Month Awards for the Grand County Middle School for January 2019 Old Business 2019 Community Development Block Grant (CDBG) Application for Funding to Improve ADA Accessibility to Downtown Recreation Facilities 2019 cdbg application agenda summary sheet.pdf exhibit a.pdf exhibit b.pdf Resolution Authorizing the City Manager to Enter into a Franchise Agreement on Behalf of the City of Moab with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposal agenda summary sheet -resolution 03 -2019 -waste hauling franchise agreement.pdf resolution 03 -2019 - authorizing cm to sign solid waste franchise agreement.pdf memorandum to council re waste hauling agreement.pdf attachment 1 - current solid waste collection franchise agreement.pdf attachment 2 - agenda summary waste hauling rfp - 9 -25 - 2018.pdf attachment 3 - final solid waste rfp.pdf attachment 4 - agenda summary sheet options for agreement - 11 -13 -2018.pdf attachment 5 - draft solid waste franchise agreement.pdf New Business Confirmation of Mayoral Appointment of Becky Wells to the Moab City Planning Commission for a fill -in term ending December 31, 2020 Resolution 02 -2019 - A Resolution Conditionally Approving the Final Plat of The Preserve Subdivision Phase 3 and Approving a Subdivision Improvements Agreement for Public Improvements, as Favorably Referred to Council by the Planning Commission Review and possible approval   the preserve phase 3 agenda summary.pdf resolution 02 -2019 the preserve phase 3 final plat.pdf preserve phase 3 sia with exhibits.pdf preserve phase 3 aerial.pdf preserve phase 3 aerial zoomed in.pdf Reappointment of Mike Duncan to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring December 31, 2021 agenda summary duncan water board reappointment.pdf Appointment of the 2019 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2019 Review of Council Member Community Organization Liaison and Board Assignments Approval of Bills Against the City of Moab Executive (Closed) Session Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals Adjournment (435) 259 -5121 or fax (435) 259 -4135 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 1. 1.1. 2. 3. 3.1. Documents: 4. 5. 6. 7. 7.1. Documents: 7.2. 8. 8.1. Documents: 8.2. Documents: 9. 9.1. 9.2. Documents: 9.3. Documents: 9.4. 9.5. 9.6. 10. 11. 11.1. 11.2. 12. Page 1 of 130 JANUARY 22, 2019JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 P.M.REGULAR COUNCIL MEETING 7:00 P.M.City Council Chambers217 East Center StreetMoab, Utah 84532Pre-Council WorkshopJoint City Planning Commission and City Council Discussion with the State Property Rights Ombudsman's Office Call to Order and Pledge of AllegianceApproval of MinutesRegular City Council Meeting Minutes - January 8, 20192019-01 -08 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPresentationsProclamation of January 21, 2019 as Martin Luther King Jr. Day in the City of Moab mlk day 2019.pdfMayor’s Students of the Month Awards for the Grand County Middle School for January 2019Old Business 2019 Community Development Block Grant (CDBG) Application for Funding to Improve ADA Accessibility to Downtown Recreation Facilities 2019 cdbg application agenda summary sheet.pdf exhibit a.pdf exhibit b.pdf Resolution Authorizing the City Manager to Enter into a Franchise Agreement on Behalf of the City of Moab with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposal agenda summary sheet -resolution 03 -2019 -waste hauling franchise agreement.pdf resolution 03 -2019 - authorizing cm to sign solid waste franchise agreement.pdf memorandum to council re waste hauling agreement.pdf attachment 1 - current solid waste collection franchise agreement.pdf attachment 2 - agenda summary waste hauling rfp - 9 -25 - 2018.pdf attachment 3 - final solid waste rfp.pdf attachment 4 - agenda summary sheet options for agreement - 11 -13 -2018.pdf attachment 5 - draft solid waste franchise agreement.pdf New Business Confirmation of Mayoral Appointment of Becky Wells to the Moab City Planning Commission for a fill -in term ending December 31, 2020 Resolution 02 -2019 - A Resolution Conditionally Approving the Final Plat of The Preserve Subdivision Phase 3 and Approving a Subdivision Improvements Agreement for Public Improvements, as Favorably Referred to Council by the Planning Commission Review and possible approval   the preserve phase 3 agenda summary.pdf resolution 02 -2019 the preserve phase 3 final plat.pdf preserve phase 3 sia with exhibits.pdf preserve phase 3 aerial.pdf preserve phase 3 aerial zoomed in.pdf Reappointment of Mike Duncan to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring December 31, 2021 agenda summary duncan water board reappointment.pdf Appointment of the 2019 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2019 Review of Council Member Community Organization Liaison and Board Assignments Approval of Bills Against the City of Moab Executive (Closed) Session Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals Adjournment (435) 259 -5121 or fax (435) 259 -4135 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 1.1.1.2.3.3.1.Documents:4.5.6.7.7.1.Documents:7.2.8. 8.1. Documents: 8.2. Documents: 9. 9.1. 9.2. Documents: 9.3. Documents: 9.4. 9.5. 9.6. 10. 11. 11.1. 11.2. 12. Page 2 of 130 JANUARY 22, 2019JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 P.M.REGULAR COUNCIL MEETING 7:00 P.M.City Council Chambers217 East Center StreetMoab, Utah 84532Pre-Council WorkshopJoint City Planning Commission and City Council Discussion with the State Property Rights Ombudsman's Office Call to Order and Pledge of AllegianceApproval of MinutesRegular City Council Meeting Minutes - January 8, 20192019-01 -08 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPresentationsProclamation of January 21, 2019 as Martin Luther King Jr. Day in the City of Moab mlk day 2019.pdfMayor’s Students of the Month Awards for the Grand County Middle School for January 2019Old Business2019 Community Development Block Grant (CDBG) Application for Funding to Improve ADA Accessibility to Downtown Recreation Facilities2019 cdbg application agenda summary sheet.pdfexhibit a.pdfexhibit b.pdfResolution Authorizing the City Manager to Enter into a Franchise Agreement on Behalf of the City of Moab with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposalagenda summary sheet -resolution 03 -2019 -waste hauling franchise agreement.pdfresolution 03 -2019 - authorizing cm to sign solid waste franchise agreement.pdfmemorandum to council re waste hauling agreement.pdfattachment 1 - current solid waste collection franchise agreement.pdfattachment 2 - agenda summary waste hauling rfp - 9 -25 -2018.pdfattachment 3 - final solid waste rfp.pdfattachment 4 - agenda summary sheet options for agreement -11 -13 -2018.pdfattachment 5 - draft solid waste franchise agreement.pdfNew BusinessConfirmation of Mayoral Appointment of Becky Wells to the Moab City Planning Commission for a fill -in term ending December 31, 2020Resolution 02 -2019 - A Resolution Conditionally Approving the Final Plat of The Preserve Subdivision Phase 3 and Approving a Subdivision Improvements Agreement for Public Improvements, as Favorably Referred to Council by the Planning CommissionReview and possible approval  the preserve phase 3 agenda summary.pdfresolution 02 -2019 the preserve phase 3 final plat.pdfpreserve phase 3 sia with exhibits.pdfpreserve phase 3 aerial.pdfpreserve phase 3 aerial zoomed in.pdfReappointment of Mike Duncan to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring December 31, 2021 agenda summary duncan water board reappointment.pdfAppointment of the 2019 Mayor Pro TemAppointment of the Council Member Responsible for Reviewing the City's Bills in 2019 Review of Council Member Community Organization Liaison and Board Assignments Approval of Bills Against the City of Moab Executive (Closed) Session Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals Adjournment (435) 259 -5121 or fax (435) 259 -4135 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 1.1.1.2.3.3.1.Documents:4.5.6.7.7.1.Documents:7.2.8.8.1.Documents:8.2.Documents:9.9.1.9.2.Documents:9.3.Documents:9.4.9.5. 9.6. 10. 11. 11.1. 11.2. 12. Page 3 of 130   Page 1 of 5 January 8, 2019 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR CITY COUNCIL MEETING JANUARY 8, 2019 Call to Order and Attendance: The Moab City Council held its regular meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street. An audio recording is archived at http://www.utah.gov/pmn/index.html and a video recording is archived at https://www.youtube.com/watch?v=1PGa8MWmLo8&feature=youtu.be&fbclid=IwAR3bTYcya C65_3iWhCXbADcC8H3gSv7vDEpQEPcvp_5ysT3IT9iUxp7U2Sc. Mayor Emily Niehaus called the meeting to order at 6:02 PM. In attendance were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Karen Guzman-Newton, Kalen Jones and Mike Duncan. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Code Compliance Specialist Mona Pompili, Assistant City Manager Joel Linares, Development Services Manager Sommar Johnson, Communications and Engagement Director Lisa Church, Treasurer Chantel Lindsay, Moab Arts and Recreation Center Director Liz Holland, Police Chief Jim Winder, Public Works Director Pat Dean, Engineer Chuck Williams and Recorder/Project Specialist Eve Tallman. Workshop: Code Compliance Update: Code Compliance Specialist Pompili presented a review of compliance issues and described common violations including illegal camping, construction without a permit, business license renewals, grease trap violations and storage of junk and inoperable or unlicensed vehicles. She described the process from the point a complaint is received until each case is closed. She mentioned software used to identify short term rental violations and also to record and track all violations. She concluded with a summary of statistics of her code compliance work. Various Standards in Moab Municipal Code Chapter 17.09 - Supplementary Requirements and Procedures Applicable within Zones—Discussion City Manager Everitt presented aspects of code that specifically affect residents in the R2 zone. He brought up permitted uses and new topics, including a proposed requirement for homeowners to obtain business licenses for long-term rentals. He noted that there has been confusion about the minimum square footage permitted for homes in R2 and explained it is 500 square feet for primary dwellings on the ground floor. Yard obstructions such as overhangs or cornices were mentioned, along with prohibitions against living or sleeping in any structure or vehicle except for lawful living quarters. A two hour time limit on parking vehicles that exceed 25 feet in length was mentioned as well as storage of junk and debris. It was clarified that with most violations, there is a 21-day compliance window. Fencing heights and setbacks, chicken coops, stormwater runoff, views of intersecting streets, off street parking, landscaping and signs were also mentioned. Regular Meeting: (:59 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Twenty-two members of the public and media were present. Approval of Minutes: Councilmember Duncan moved to approve minutes from the October 30, December 11 and December 12, 2018 meetings with corrections. Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Page 4 of 130   Page 2 of 5 January 8, 2019 Mayor and Council Reports: Mayor Niehaus announced that the next City Council meeting would address assignments for Mayor Pro-Tem, Councilmembers to review Bills against the City, and assignments for community boards and committees. She mentioned the December 12 visioning workshop, the Water Reclamation Facility (WRF) ribbon-cutting and noted the new plant uses about 275,000 gallons of water per day, down from more than 3 million at the old plant. The Mayor remarked the plastic bag ban had gone into effect and stated she had heard comments from residents about also taking up the concern about single-use plastic bottles as well as government overreach. Councilmember Derasary reported she attended meetings of Trail Mix, Emergency Medical Services, the WRF grand opening and the Utah League of Cities and Towns (ULCT) meeting. She brought up her upcoming trip to Washington DC planned to lobby Congress for future funding for the Uranium Mill Tailings Remedial Action (UMTRA) site cleanup. Councilmember Duncan stated he attended the WRF opening and suggested school tours of the new facility. He noted he would attend the Rural Water Association of Utah meeting. Councilmember Knuteson-Boyd reported on the Housing Authority and stated that the Valley View subdivision was complete. She also mentioned progress on the senior housing project, the museum remodel, and said she also attended the WRF opening. She concluded by thanking staff for the City holiday party. Councilmember Guzman-Newton reported on the Living Communities workshop, the Arts Council grant process, a Future Land Use workshop, and mentioned work on stormwater management on North Main Street by the Utah Department of Transportation (UDOT). She also mentioned the Airport Board meeting she attended and noted there were 14,000 enplanements since the airport reopened in May and there may soon be daily parking fees at the airport. Councilmember Jones commented on an open house he attended for the housing authority and mentioned he attended a housing task force meeting and noted the solid waste district has a new manager. Administrative Report: City Manager Everitt reported he would attend a Colorado Association of Ski Towns (CAST) meeting where topics of interest to Moab’s tourist economy would be discussed. He mentioned his attendance at a Travel Council meeting and commended the public works staff who cleaned up after the recent storms. He noted the City crews were effective in quickly clearing not only streets but also bike paths. Citizens to be Heard: Amy Weiser announced a project on the Cooper Martin building at Center and Main Streets to repoint mortar and clean the bricks on the 1906 building. Public Hearing—Community Development Block Grant (CDBG) Projects: Mayor Niehaus opened the public hearing at 7:32 PM for the CDBG program and stated that the hearing was being called to consider potential projects for which funding may be applied under the 2019 Community Development Block Grant Program. It was explained that the grant money must be spent on projects benefiting primarily low and moderate-income persons and the Southeastern Utah Region, in which Moab is a member, is expecting to receive approximately $707,000 in this new program year. All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time. Mayor Niehaus read several of the eligible activities listed including examples, such as Construction of public works and facilities, water and sewer lines, Page 5 of 130   Page 3 of 5 January 8, 2019 fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters. She said loan programs for private businesses are also available which would then result in hiring low income persons and the program can also pay for housing rehabilitation or down payment assistance for low income homeowners. Mayor Niehaus indicated that in the past Moab has received funding for the Housing Authority of Southeastern Utah Kane Creek Acquisition. The City has handed out its capital investment plan as part of the regional “Consolidated Plan.” This list shows which projects the city has identified as being needed in the community: $174,000—Single Family Housing Rehab Program, $50,000—CDBG Administration and Planning, $483,000—Cities, Counties, and Agencies Grant. City Engineer Williams made a brief presentation outlining the City’s proposed project to retrofit two City- owned buildings for Americans With Disabilities Act (ADA) accessibility features including braille signage, ADA compliant restrooms, and access to different floor levels in the Moab Arts and Recreation Center and the Center Street Gym. David Olsen stated he represented the Moab Area Community Land Trust Board. He stated the Land Trust is working on the Arroyo Crossing affordable housing project with will include nearly 300 units on 40 acres of donated land near Resource Boulevard outside City Limits in Grand County. Mr. Olsen explained that Amy Rowland, President of Utah’s Community Development Finance Alliance, requested the Land Trust to apply for $3.5 million from a federal new market tax credit program for funding to help with engineering and infrastructure costs for the project. Mr. Olsen indicated the Land Trust seeks a required $150,000 local match. He indicated the Land Trust Board would meet the following Monday. He concluded with a request to consider using the CDBG funds on this project if the Board votes for requesting the consideration on Monday. Mayor Niehaus asked for clarification regarding the ability of the City to request funding for a project outside of City limits and wondered if the County would be a better applicant. Mr. Olsen replied that in the past, the City had requested funding for projects on behalf of the County, and that the County had not applied for consideration in this grant period. Mayor Niehaus asked for any other comments for the public hearing. Seeing none, she called for a motion to close the hearing. Councilmember Duncan moved to closed the hearing. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus closed the hearing at 7:37 PM. Special Events: Gran Fondo Amplified Music—Approved Motion and Vote: Councilmember Guzman-Newton recused herself and left the Chambers. Councilmember Derasary moved to approve a Request for Amplified Music at Old City Park on May 4, 2019 by Gran Fondo Moab. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Duncan voting aye. Old Business: (1:38 on recording) Residential Occupancy Limits—Discussion Assistant City Manager Linares introduced legal concerns regarding restrictions on occupancy. He mentioned a possible square-foot basis for approaching occupancy limits. He noted evictions could be very problematic. Development Services Manager Johnson reported on procedural complexities regarding compliance and evictions. Mayor Niehaus reviewed the history of the debate regarding families versus households and the previous, difficult to enforce limit on unrelated persons sharing a home. Councilmember Jones asked for clarification regarding the Fair Housing Act intent regarding government restrictions versus landlord regulations and Page 6 of 130   Page 4 of 5 January 8, 2019 noted the complaints about crowded homes has been specifically regarding rental homes and not family-occupied homes. Discussion ensued about citizen concerns regarding the effects of rental homes in neighborhoods, including parking, noise, debris and landscaping. Councilmember Duncan suggested these are topics that could be enforced as nuisance violations and noted it would be the landlord’s liability. Councilmember Derasary brought up the challenge of housing in college towns and other communities where rental rates are so high tenants double up to the extent that it becomes a health and human rights concern. Linares suggested this would be a health department enforcement issue and again mentioned a square-foot per person approach to occupancy regulation. Councilmember Guzman-Newton stated her interest in a discussion with the health department and mentioned visa workers crowded into residences. Linares pointed out prosecution would take too long for these short-term overseas workers and suggested targeting the business licenses of landlords might be more effective. Johnson reiterated that nuisance violation enforcement, business licensure for owners of rental properties and health department enforcement may be the right path. Councilmember Knuteson-Boyd asked if occupancy limits could be attached to a business license and Linares suggested the two-person-per-bedroom plus one standard and City Manager Everitt clarified the business license exemption for on-site homeowners who rent to roommates. A question was raised about law enforcement involvement and Linares explained this would be a complaint- driven enforcement system. Councilmember Guzman-Newton asked if there was sufficient staff to enforce. Mayor Niehaus stated her intention to follow up with the Code Compliance Specialist. Councilmember Derasary asked if a business license for rental homeowners could be free or inexpensive. City Manager Everitt stated a fee is good, and it was clarified that a regular business license is $90. Linares brought up a Good Landlord Program that could qualify for reduced fees. Mayor Niehaus asked for guidance to move forward. Councilmember Derasary suggested researching any two-plus-one rule or occupancy limits in neighboring areas. Councilmember Duncan suggested an education program such as a Good Landlord program as well as nuisance enforcement and exploring the issues regarding corporate bunkhouses versus private homeowner rentals. Occupancy limits for owner-occupied homes versus rentals were discussed as well. Johnson stated she felt the debris code was solid, the weed ordinance was vague, and the noise ordinance was strong. Councilmember Jones suggested clarifying through the Good Landlord Program that the Council grappled with occupancy limits and takes overcrowding issues seriously and made other suggestions for the smooth operation of such a program. City Manager Everitt agreed to write a memo to summarize. New Business: (2:32 on recording) Appointment of Finance Director—Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #06- 2019 - A Resolution Confirming the Appointment of Rachel Stenta, as the City Finance Director; and Authorizing the Mayor to Execute an Employment Agreement. Councilmember Guzman-Newton seconded the motion. Mayor Niehaus and Councilmember Guzman-Newton gave Stenta an enthusiastic endorsement. Councilmember Derasary asked for a job description update as the position is implemented. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. City Communications and Engagement—Discussion Communications and Engagement Director Church updated Council on 2018 activities including outreach for city projects and town halls. She mentioned upcoming newsletters, video public service announcements and community engagement. Art in Public Places—Discussion Meg Stewart, outgoing Arts and Special Events Manager updated Council on the Public Art Plan Page 7 of 130   Page 5 of 5 January 8, 2019 and recapped her activities of the year. Communications Equipment—Approved Discussion: Chief Winder presented a history of the new radio protocol and the need for the upgraded system. Councilmember Duncan asked about the Grand County Sheriff’s migration to the new system and Winder replied it was not yet in the County budget. Councilmember Knuteson-Boyd asked about the potential for costly service calls on the equipment. Motion and Vote: Councilmember Jones moved to authorize a purchasing exception for State Approved Contracts – Motorola Solutions Co. for Communications Equipment for a five- year lease not to exceed $172,090.14. Councilmember Knuteson-Boyd seconded the motion. In a roll call vote, the motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman-Newton voting aye. Sunset Twin Homes Subdivision—Approved Mayor Niehaus recused herself due to a conflict of interest and left the Council Chambers. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #04- 2019 - A Resolution Conditionally Approving the Sunset Twin Homes Subdivision, a Minor Subdivision of Lot 3 of the Sunrise Hills Subdivision Located at 476 McKay Place in the R-2, Residential Zoning District as Referred to City Council by the Planning Commission. Councilmember Guzman-Newton seconded the motion. Councilmember Derasary asked for clarification about the conditions regarding stormwater drainage. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Approval of Bills: Councilmember Guzman-Newton moved to approve payment of bills against the City of Moab in the amount of $912,490.89. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at 9:29 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 8 of 130 January 17, 2019 Mayor Emily S. Niehaus WHEREAS, Dr. Martin Luther King Jr. made significant and long‐lasting contributions to the social and economic progress within our nation through the movement toward racial equality and civil rights for all people, no matter their race, color, creed or occupation; including the push to desegregate public and private institutions and to provide fair rights and appropriate labor laws; and WHEREAS, through peaceful protests and nonviolent public demonstrations, Dr. King was a catalyst for change in how African Americans are treated, and stated that “Injustice anywhere is a threat to justice everywhere;” and WHEREAS, to commemorate the life and legacy of Dr. King, on November 2, 1983, the U.S. House of Representatives passed a bill to declare Martin Luther King Jr. Day as a federal holiday to be observed annually on the third Monday of January, to represent Dr. King’s birthday; and WHEREAS, Moab City recognizes and honors the contributions made by Dr. King and pledges to promote universal respect for and observance of Martin Luther King, Jr. Day and the civil rights guaranteed to all residents throughout Moab and our nation; and WHEREAS, as we honor Dr. King this month, which would have been Dr. King’s 90th birthday, it is appropriate for us to recognize and pay tribute to his inclusive civil rights work for all communities. THEREFORE, BE IT RESOLVED that I, Emily S. Niehaus, Mayor of the City of Moab, do hereby join with community members in proclaiming Monday January 21, 2019 as  Martin Luther King Jr. Day and urge community and faith leaders, civil rights advocates, educators, public officials, and all people of Moab City to recognize and remember Dr. Martin Luther King Jr. and his dream for a greater America. CITY OF MOAB, UTAH MARTIN LUTHER KING JR. DAY PROCLAMATION January 17, 2019 Rachel E. Stenta, City Recorder Page 9 of 130 Moab City Council Agenda Item Meeting Date: January 22, 2019 Title: 2019 Community Development Block Grant (CDBG) Application for Funding to Improve ADA Accessibility to Downtown Recreation Facilities Disposition: Approve, Deny, or Modify Staff Presenter: Chuck Williams, City Engineer Attachment(s): Exhibit A: Center Street Gym Lift Location Options, Exhibit B: Example Photos Recommended Motion: I move to approve staff preparing the 2019 Community Development Block Grant (CDBG) Application for Funding to Improve ADA Accessibility to Downtown Recreation Facilities, and authorize the Mayor or City Manager to Sign the Application Background/Summary: This Project primarily involves construction of an enclosed vertical wheelchair lift for the purpose of providing ADA compliant access to facilities at the Center Street Gym. These facilities include the courts on the upper floor, as well as the two downstairs restrooms, two locker rooms, and offices. Construction of the lift will require removing existing concrete and excavating a pit for lift access to the lower floor, and providing the necessary concrete walls and slab in the new pit. Additional work could include touching up paint where it has been damaged due to the proposed work, modifying existing handrails to close or open pedestrian access routes as needed, and installing trim or other aesthetic treatments to further integrate the new lift into the existing structure. Additionally, project will provide the Center Street Gym and the Moab Arts and Recreation Center with ADA compliant, tactile signage with braille. These signs would be used for wayfinding, and to label restrooms and other permanently designated rooms. Page 10 of 130 Estimated total project cost is $124,000, of which $74,000 is being requested from CDBG. The remaining $50,000 will be furnished by the City. This is a 40.3% match by the City which gives us 5 points on the CDBG scoring sheet in “the non-CDBG funds” scoring category. Total funds available to eligible agencies administered by the Southeastern Utah Association of Local Governments (SEUALG) for program year 2019 is $483,700. Funding requested for this project represents approximately 15% of available funds. Page 11 of 130 Page 12 of 130 View looking down at the lift inside the enclosure. Opaque panels are shown here Example of a lift with clear panels Exhibit B Example Photos Page 13 of 130 Moab City Council Agenda Item Meeting Date: January 22, 2019 Title: Resolution 03-2019: A Resolution Authorizing the City Manager to Enter Into a Franchise Agreement on Behalf of the City Of Moab with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposal Disposition: Discussion and possible action Staff Presenter: David Everitt, Rosemarie Russo Attachment(s): -Attachment: Memorandum to City Council -Attachment 1: Recommended Motion: “I move to approve Resolution 03-2019: A Resolution Authorizing The City Manager to Enter Into a Franchise Agreement on Behalf of the City Of Moab with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposal.” Background/Summary: Please see the attached memo. Page 14 of 130 CITY OF MOAB RESOLUTION 03-2019 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT ON BEHALF OF THE CITY OF MOAB WITH MONUMENT WASTE, INC. FOR RESIDENTIAL, MUNICIPAL, AND COMMERCIAL SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL The following describe the intent and purpose of this resolution: a.Per Moab Municipal Code Chapter 8.04.020, “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”; b.The City of Moab (“City”) has not engaged in a formal bid solicitation process for solid waste services since 1999; c.The collection, transport, and disposal of solid waste in the City is administered via a franchise agreement with a single service provider; d.At the direction of and in consultation with the City Council, City staff developed, revised, and published a request for proposals, to which the City received one qualified proposal for such services; and e.After negotiation with that respondent, staff prepared a draft Agreement for the City Council to approve. THEREFORE, the City Council hereby authorizes the City Manager to enter into the proposed Franchise Agreement on behalf of the City with Monument Waste, Inc. PASSED AND APPROVED by a majority of the City Council, this 22nd day of January, 2019. By:___________________________________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________________________ Rachel Stenta, Recorder Date Page 15 of 130 1 1 Moab Municipal Code Chapter 8.04.020, “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.” 2 “Solid waste” for the purposes of this agreement includes non-recyclable material (i.e. “trash”), traditionally-recyclable materials (such as cardboard, paper, aluminum, tin, some plastics, etc.), and other materials as described in the draft Agreement. 3 See Attachment 1: Current agreement between Monument Waste, Inc., and the City. 4 Solid waste rates have been historically set by Council resolutions. This draft agreement takes a different approach, which is to include the rates in the agreement itself. Rates will also be incorporated into the future master fee schedule. 5 Resolution 18-2009: A Resolution Adopting the 2020 Vision: A Sustainable Moab Plan 6 Resolution 2017-13: Resolution Establishing Renewable Energy and Greenhouse Gas Emissions Reduction Goals for Moab City Memorandum January 16, 2019 To: Moab City Council From: David Everitt Re: Solid Waste Hauling and Disposal Franchise Agreement Background The City of Moab requires that all residents and commercial operations within City limits receive solid waste collection services.1 The collection, transport, and disposal of solid waste2 in the City of Moab is administered via a franchise agreement with a single service provider. The City has not solicited formal proposals for service since 1999. The current contractual arrangement was originally between Bob’s Sanitation and the City, but was assumed by Monument Waste, Inc. when it purchased Bob’s Sanitation. The City and Monument Waste extended and modified the agreement several times subsequently.3 The current agreement requires that all residences and commercial operations participate in curbside pickup trash service only. Recycling is not considered in the current contract; if commercial or residential customers desire curbside recycling service, they sign up for service with a separate provider. The current agreement contains outdated requirements and language, nor does it list rates.4 In the intervening 20 years, the City embraced broad sustainability practices5 and established ambitious carbon reduction goals.6 Nationally, emissions from municipal solid waste account for approximately 14% of methane gas emissions, which are considered one of the most harmful greenhouse gases. It is estimated that the hauling, disposal, and storage of unrecycled material within the City accounts for approximately 10-12% of the City’s overall greenhouse gas emissions. Furthermore, the City’s current landfill diversion rate of 13% is well below the national rate of 35%, and per-capita trash volumes exceed the national average by nearly 50%. Page 16 of 130 2 7 See Attachment 2: Agenda Summary Sheet for the September 25, 2018 council meeting discussion about the draft RFP 8 See Attachment 3: Final RFP 9 See Attachment 4: Agenda Summary Sheet for the November 13, 2018 council meeting discussion about the RFP results and recommended approach. The Council discussed the proposed rate increases (in part because of landfill tipping fees were increasing), the idea of a lower collection frequency for commercial service, the recommendation of mandatory residential recycling, and potential impacts to Recycling Center. 10 See Attachment 5: Draft Agreement Accordingly, the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal and reducing the overall waste stream by increasing recycling volumes. Therefore, in order to ensure the best combination of service, value, and achievement of stated sustainability and greenhouse gas emission goals, the City decided to engage in a formal bidding process for trash and recycling services for residential and commercial customers within the City as well as municipal facilities. At the regular council meeting on September 25, 2018, staff presented a draft request for proposals (“RFP”) with broad response parameters for the collection, transport, and disposal of solid waste for the City Council to evaluate.7 Staff incorporated Council feedback and published an RFP8 that closed on October 8, 2018. The RFP assumed that residential and commercial trash service would continue to be mandatory, but requested pricing options for mandatory and opt-in recycling services for commercial and residential accounts. The RFP did not specify that respondents must use a particular approach for processing recyclable materials. The City received one qualified proposal, submitted by Monument Waste. The Council was briefed on that proposal at a regular council meeting on November 13, 2018.9 Based on that discussion, staff negotiated terms with Monument Waste and drafted a new agreement for Council consideration. Draft Agreement Terms Below are highlights of the draft Agreement, in anticipation of a June 1 start date for the change to residential service.10 Residential service: Residents have two trash container size options – 95 gallon and 65 gallon. All residents will receive a 95-gallon recycling container. Trash service occurs weekly; recycling service occurs every other week. Commercial service: Commercial customers are required to participate in curbside trash service; recycling is optional. Page 17 of 130 3 Frequency of service is at the customer’s discretion, with a minimum of once-a- week trash service. Municipal service: All City facilities including parks receive recycling and trash service; frequency depends on the specific facility’s needs. Position of Education and Outreach Coordinator: The Service Provider will employ an individual no less than 20 hours per week to educate City residents, businesses, and visitors about recycling and waste management practices. This position’s responsibilities will include, but are not limited, to: Creating and distributing single-stream recycling program information; Interfacing with local community groups and individuals who are interested in waste management issues; One-on-one customer training and support; and Waste and recycling audits and inspections Current and future containers: Service Provider buys back old bin inventory and will own and maintain new trash and recycling bins. Customers will be charged a $10 Occurrence Fee for servicing (cleaning, replacement, etc.) and switching container sizes. Materials to be recycled: Newspaper (ONP) - including all inserts Cardboard (OCC) Chipboard Boxes - Cereal & Tissue type Magazines and Glossy Print Junk Mail / Bulk Mixed paper Office Paper - White & Colored Plastic bottles & tubs (#1 and #2 only) Aluminum beverage containers Tin cans Glass bottles and jars - beverage and food containers Aseptic Containers (milk, juice, broth, etc.) Styrofoam "packing blocks" only (no packing peanuts, cups or plates) Hot beverage paper cups Reporting and audit protocols: The Agreement contains quarterly and annual reporting requirements, as well as a protocol for auditing the contents of trash and recycling containers to help with education efforts regarding waste diversion. Page 18 of 130 4 Administrative fee: Set at 6% of gross revenue. Council Action Options 1.Approve resolution authorizing City Manager to sign the Agreement as drafted on behalf of City with Monument Waste. 2.Council may decide to offset the increased cost to residents due to the recycling requirement by either: a.Authorizing a General Fund appropriation for FY20; or b.Designating funds to address hardship situations. 3.Council may wish to direct staff to draft ordinances for the following items: a.Require construction debris recycling; b.Require commercial cardboard recycling; and/or c.Updating Chapter 8.04 Solid Waste generally. Page 19 of 130 CITY OF MOAB RESOLUTION NO. 55-2017 A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING SOLID WASTE COLLECTION FRANCHISE AGREEMENT a. The City is under contract with Monument Waste Services, LLC (Contractor) to provide for the collection of solid waste within the City of Moab. b. The City is satisfied with the current performance by Contractor, and desires to extend the existing Solid Waste Collection Franchise Agreement (Agreement) for an additional period through and including April 1, 2019. c. In addition, the parties intend to confirm a modification to the Agreement pertaining to the purchase of replacement residential cans, up to an agreed upon cost. Therefore, the City Council hereby approves the attached contract amendment and authorizes the Mayor to sign same. Passed and adopted by the governing body in open session this 10th day of October, 2017. City of Moab Mayor David L. Sakrison Attest: - . - - V Rachel Stenta, Recorder Page 20 of 130 SOLID WASTE COLLECTION FRANCHISE AGREEMENT AMENDMENT For valuable consideration, the City of Moab (City) and Monument Waste Services, LLC, a Utah limited liability company (Contractor), acknowledge and agree as follows; I. Recitals. a. Contractor currently provides solid waste collection services to customers in the City pursuant to a Solid Waste Collection Franchise Agreement, dated November 30, 2009, as amended (the Agreement). b. The City is currently evaluating whether changes to its solid waste collection practices and policies should be made. c. It is necessary to continue solid waste collection services without interruption, and the City is currently satisfied by the performance by Contractor. d. This amendment is intended to extend the term of the Agreement and modify the performances which will be undertaken by both parties during that time. II. Agreement. 1. The foregoing recitals are incorporated by reference. The Agreement is hereby amended as follows: 2. The term of the Agreement is extended to April 1, 2019, expiring automatically on that date. 3. The City will reimburse the Contractor for its cost to purchase new residential solid waste containers conforming to the Agreement in an amount not to exceed five thousand dollars ($5,000.00). The Contractor shall purchase one hundred (100) 96-GL Otto waste carts. a. The Contractor shall be solely responsible for the assembly, storage, repair, and distribution of all solid waste containers under the Agreement. All stored containers shall be kept at the Contractor's business at 2295 U.S. Highway 191, Moab, UT 84532. Contractor shall additionally be responsible for disposal of containers which can no longer be used. And Contractor shall keep accurate records documenting all container deliveries, exchanges, removals, and containers which are scrapped. Contractor shall remain responsible for the purchase and replacement of containers damaged by the carelessness or neglect of its personnel. 4. All other terms of the Agreement shall remain in full force and effect. This extension shall take effect automatically upon execution by both parties. •Remainder of Page Intentionally Left Blank- Page 21 of 130 Solid Waste Collection Franchise Agreement Amendment Signature Page City of Moab By:. By:. \0-(0-3oq David L. Sakrison, Mayor Date Attest: 10-10 -soi-y Rachel Stenta, Recorder Date Monument Waste Services, LLC Dan Kirkpatrick, President Date -End of Document- Page 22 of 130 Page 23 of 130 Page 24 of 130 Page 25 of 130 Page 26 of 130 Page 27 of 130 Page 28 of 130 Page 29 of 130 Page 30 of 130 Page 31 of 130 Page 32 of 130 Page 33 of 130 Page 34 of 130 Page 35 of 130 Page 36 of 130 Page 37 of 130 Page 38 of 130 Page 39 of 130 Page 40 of 130 Page 41 of 130 Page 42 of 130 Page 43 of 130 Page 44 of 130 Page 45 of 130 Page 46 of 130 Page 47 of 130 Page 48 of 130 Page 49 of 130 Page 50 of 130 Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 8-2 Title:​ Request for Proposals (RFP) for Residential, Commercial and Municipal Solid Waste Collection, Disposal & Recycling Date Submitted: ​September 17, 2018 Staff Presenter:​ Rosemarie Russo, Sustainability Director Attachment(s): -Draft Residential and Commercial Solid Waste Collection, Disposal & Recycling RFP Recommended Motion: ​n/a Background/Summary: City staff request that the Council provide input and feedback on this matter. The City of Moab plans to release a RFP to perform residential, commercial and municipal solid waste disposal and recycling. The City currently contracts with a solid waste hauler for residential, commercial and municipal service within the City, and separately for recycling services. The City seeks to combine those functions in order to optimize collection efficiencies and track progress toward carbon and waste reduction goals. The initial term of the contract shall be from November 1, 2018 to October 31, 2023. The parties may extend the contract for up to two additional terms of five years each if agreed to mutually. Additionally, the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. Page 51 of 130 The draft RFP asks respondents to provide additional information regarding costs associated with: · Mandatory recycling for residents · Mandatory recycling for businesses · Recycling services going to monthly collection · Implementing a cardboard ban from trash · Implementing mandatory commercial building construction and debris · Implementing a Pay as you Throw (PAYT) system · Implementing a Bag-Tag option Page 52 of 130 1 Residential, Commercial and Municipal Solid Waste Collection and Disposal and Recycling Request for Proposals Table of Contents 1.00 GENERAL INFORMATION 2.00 HOURS OF WORK 3.00 COLLECTION FROM PUBLIC SITES 4.00 SECURITY 5.00 PROVIDER CONTAINERS 6.00 TRASH SERVICE 7.00 RECYCLING SERVICE 8.00 REPORTING AND BILLING 9.00 CORRECTIVE ACTIONS 10.00 APPLICABLE TAXES, FEES & SURCHARGES EXHIBIT A RESIDENTIAL SOLID WASTE & RECYCLING EXHIBIT B COMMERCIAL SOLID WASTE & RECYCLING EXHIBIT C MUNICIPAL SOLID WASTE EXHIBIT D MUNICIPAL RECYCLING EXHIBIT E INSURANCE EXHIBIT F CONFIDENTIALITY EXHIBIT G OPTIONAL: SPECIAL COLLECTIONS EXHIBIT H AUDITS EXHIBIT I REPORTING EXHIBIT J COST & ACCOUNT DATA Page 53 of 130 2 SCOPE OF SERVICES I.GENERAL INFORMATION: The City of Moab (City) is seeking proposals from qualified Service Providers to perform residential and commercial solid waste disposal and recycling for customers within the City as well as City buildings and facilities. The City currently contracts with a solid waste hauler for commercial and residential service within the City. An independent business currently provides recycling services to subscribers including the municipal government (Annual cost - $14,580). The City seeks to combine those functions. Additionally the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. The City seeks to partner with a single entity (i.e., single company may bid with other entities i.e. subcontractors but must act as the managing point of contact) that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services at the unit prices listed in Exhibits (A-D & G) with a fee structure aimed at increasing diversion. Contractors must include bids for both subscription (opt-in) and mandatory recycling services. The City is paying over $30,000 in landfill fees (Parks: 10%; Water: 3%; Streets: 4% and WRF: 83%), in addition to $ 25,416 of collection fees. The selected contractor should indicate strategies to lower those costs. Contractors that can provide special collection and drop off services (Exhibit G) are preferable. We do not consider the full potential for recycling to have been realized yet. The City is seeking to work closely with a Service Provider who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry best management practices; and, introduction of new waste reduction technologies and approaches. The Service Provider is requested to assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. To this end, a yearly audit must be performed in accordance with data inputs specified in Exhibit H. The City intends to allow the Service Provider to retain payments for all recyclable commodities included in the contract. II. WORK REQUIREMENTS: General Requirements: ●The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites, commercial and residential, within the City based on the schedule agreed upon, as contracted by this procurement, and to meet future needs (see Exhibits A-J). The Service Provider will also provide refuse hauling and recycling services to specific City buildings and facilities. ●Service Provider shall procure all licenses, pay all charges and fees, and give all notices Page 54 of 130 3 necessary and incidental to the lawful fulfillment of the services to be provided. ●Service Provider shall provide, once each quarter, all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City to begin a waste characterization baseline. ●All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also be in compliance with all applicable codes and regulations. ●Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. ●Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts. ●Service Provider shall designate a single point of contact (SPOC) with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. ●When Service Provider’s representative is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. ●Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change. ●The City requires that Service Provider’s SPOC meets with the City’s Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator or Project Manager. Service Provider will provide minutes of these meetings to the City’s Contract Administrator; to include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item’s completion. During these meetings, Service Provider’s SPOC will provide updates of any new recyclables opportunities the Service Provider has to offer. ●Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. if the facility is in, or adjacent to, a residential neighborhood. ●Pick-Up Requirements: ●‘Pick-up” includes emptying trash and recycling containers. ●Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing. ●Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. Page 55 of 130 4 ●Service Provider shall provide on-call or emergency pick-up service for any materials requested by the City within 24 hours. ●The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider’s improper dumping of materials designated on the City’s list of recyclables may be cause for immediate contract cancellation, and possible prosecution. ●Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at the pick-up sites or City facilities at large. ●Security Clearance and Worker Identification Requirements for City Facilities: ●Prior to beginning work under this Contract, any Service Provider employees who will work on this Contract must obtain a background clearance using Utah Data Base Investigations and/or Utah Bureau of Investigations-Crime Information Center. Security clearance requirement applies in particular to: personnel that handle secure documents destruction services; and, personnel entering secured areas such as police services, the water treatment facility, the wastewater treatment facilities, and the trash and recycling pickup area at City Hall. It may be extended at the City’s discretion to any personnel who enter City premises in the course of duties. 5. Items to be Provided by Service Provider: ●Trash Containers: Service Provider shall at minimum furnish fixed-hinge, covered trash containers, e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in Exhibit A-D for new customers, Bid Sheet, Trash Services. ●Other equipment such as poly-cart containers or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. ●Service Provider shall maintain trash containers in clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request. ●Service Provider shall suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week. ●Roll-Offs: Periodically, “on call” roll-off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll-off bins (e.g., 20- or 30-yd) in clean, serviceable condition and which feature weather-resistant covers, for waste collection. ●Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in of the size and quantity listed in Exhibit B - D, Bid Sheet, Recycling Services. All new and replacement recycling containers for City facilities, businesses and residents will be rolled lidded 96 gallon capacity. A deposit fee should be tracked for new containers. ●Inside Recycling Containers: Service Provider is to provide indoor recycling Page 56 of 130 5 containers e.g., 96-gallon wheeled poly-carts with for recycling collection in breakroom areas. ●Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: “Dumpsters”, cardboard cages, poly-carts or compacting recycling bins as approved by the City. At City locations where confidential documents are routinely collected for shredding, the Service Provider will provide appropriate security, such as locking cabinets or wheeled poly-carts, if requested. ●Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites. At a minimum, signage should clearly identify items accepted (for recycling bins), labeling and other means such as color-coded container lids for trash and recycling bins which clearly differentiates them from one another, and contain contact information for the Service Provider. 6. Trash Service: ●Service Provider shall pick up refuse from municipal, residential and commercial bin locations shown on Exhibit A - D, Bid Sheets, Trash Services for disposal. ●Types of waste that will not be collected under this bid include: hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers and electronic equipment). A separate amendment may be prepared for hazardous waste and/or organics. ●Service Provider shall report to the City on a quarterly basis on trash volumes picked up at each City building location. ●Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 7. Recycling Service: ●Service Provider shall pick up recycling from municipal, residential and commercial bin locations shown on Exhibit B - D Bid Sheets, Recycling Services of materials accepted at Material Recovery Facilities (MRF). ●The Designated List of recyclables which, at a minimum, will be collected includes: clear and colored glass bottles and jars, tin and aluminum cans, plastic containers # 1-7, mixed paper, paperboard, and corrugated cardboard. ●The City desires for the Service Provider to introduce opportunities to recycle other materials included by not limited to: packaging materials such as shrink-wrap plastic, plastic strapping, and Styrofoam; food waste and other compostable materials; dimensional lumber and other wood scraps; deconstruction waste such as window glass and dry-wall; and used surplus office furniture. ●The City may require the Service Provider to collect confidential documents for destruction and recycling. Shredding security is maintained through the use of locked containers at the point of collection and maintained in locked storage containers through final processing and destruction. ●Service Provider shall advise the City of opportunities to utilize zero-waste Page 57 of 130 6 tents/bins for special events, etc. ●Service Provider may keep all sums received from the sales of materials collected for recycling, and shall report to the City on a yearly basis: amounts of payments received for each recyclable commodity, and, processing plants or brokerage agencies from which payments are received. ●Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 8. Reporting and Billing Requirements: The City requires accurate measurements of trash (landfill) material and recyclable material collected from municipal locations to be taken, and reported, on a quarterly basis. Service Provider shall provide to the City annually an average weight per yard for municipal for trash and recycling, in order to verify that an accurate conversion factor was generated by the contractor. Such annual report shall be provided to the City’s designated representative by January 30th of each year. The City requires that all material collected for recycling must be reported in weights; the weights of each designated material must be reported individually. See Exhibit G for sample template. ●The Volumes Report must be submitted in a mutually agreed upon electronic form, such as Excel annually to the City’s designated representative. The Volumes Report shall also reflect monthly charges per account and provide the underlying calculations for the conversion factor from volumes to weights. ●Service Provider must provide a monthly Exceptions Report to the City’s designated Contract Administrator no later than the fifteenth (15th) of the month (for the preceding month’s data). The Exceptions Report shall list, by department and location, any extra service requests for trash removal and/or recycling beyond the normal service level to which that department or location subscribes. ●Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for each collection location’s normal “subscription” service level, listed by the appropriate location and number. ●In addition, Service Provider will provide a separate, itemized bill to the Treasurer for any extra services rendered, by City department and location. ●All payments will be made by the City on a Net 30 days basis from the date of the invoice. Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for residents and businesses. ●The City reserves the right to withhold or deduct payment for missed or skipped pickups. ●All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. NO additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. Rate changes must be approved by the City Council upon a showing of good cause, as provided in the contract documents. The City may deduct a fee of up to seven percent (7%) of the total payable to the Service Provider to cover City expenses for customer service, billing services, and administration (the current fee is 5%). Page 58 of 130 7 9. Resource Management Services: ●Service Provider shall generate and submit by the 15th of each month as required a report to the City Contract Administrator whenever the following conditions are encountered. Corrective action is to be taken to remedy the situation within one (1) week from the date the condition is identified: ●Broken or tagged bins and service complaints ●Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included with the report to the City Contract Administrator. ●Overflowing or underutilized bins: One-time issues will not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included with the report to the City Contract Administrator. ●Service Provider will work collaboratively with the City to identify opportunities to reach its recycling and waste reduction goals, and to render cost efficiencies/savings to the City, for example, to down-size trash at specific locations when a smaller size bin will provide sufficient capacity, or to reduce the frequency of collection. Service Provider will at minimum review existing municipal practices and prepare a summary report detailing observations, recommendations and opportunities for improvement on an annual basis. Such report shall be submitted to the Contract Administrator by January 30th of each year. ●Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City on reported contamination issues, by department and/or location, to the Contract Administrator. ●Service Provider shall instruct its drivers to monitor container utilization levels for trash and recycling so that the City receives maximum use and services of each container, and report to the City Contract Administrator when adjustments in bin size, bin quantity, and/or pickup frequency need to be made. ●Audits: At least one on-site audits of trash and recycling will be performed each year of the Agreement by the Service Provider, at a site to be selected by the City’s Project Manager, per the protocol for Audits provided by the City (see Exhibit H). ●Training: The Service Provider shall provide training on sustainability practices as reasonably requested by the City. ●Applicable Taxes, Fees & Surcharges: ●The City is awarding a renewable contract, with option to renew for up to two times (maximum length fifteen years total). All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. No additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. without prior approval of the City for necessary rate adjustments. Adjustments will need to be justified based upon documented increases in transportation, market and/or landfill tipping fee pricing. The initial term of the contract shall be from November 1, 2018 to October 31, 2023. The City may, in its discretion, extend the contract for up to two additional terms of five years each. Decisions to renew or extend the contract may be subject to input as to customer satisfaction (i.e. residential and commercial Page 59 of 130 8 survey) and the contractor’s ability to increase diversion rates and lower carbon impacts. The transition period between contracts will be approximately 4-6 weeks. All containers previously purchased by the City will need to be inventoried and returned to customers. The new contractor may negotiate with the City to purchase existing bins All terms of service shall be confirmed in a written contract reviewed and approved by the City. The City reserves the right to waive any error or irregularity in submittals. Non-responsive submittals may be rejected. The Contract will be awarded to the party who, in the judgment of the City, offers the proposal that most closely conforms to the specifications and requirements in this document. The City may elect to reject all proposals, or it may request that parties clarify their proposals, if necessary. Proposals must include the address, telephone number, email address, and website address for each submitter. The proposal must identify the key persons in the management group who will be responsible for performance of the contract, as well as the point of contact for future communications. Persons having questions about this request for proposals may submit them to Rachel Stenta at (435) 259-2683; or rstenta@moabcity.org. Proposals must be delivered via first class mail, courier, or hand delivery no later than 5:00 p.m. (Mountain Time) on October 8, 2018 to: City of Moab 217 East Center Street Moab, UT 84532 Attention: Rachel Stenta Page 60 of 130 9 EXHIBIT A - RESIDENTIAL SERVICES Residential Solid Waste Container Size Base fee Additional on-call pickup 55    65    96            Bag & Tag    Residential Recycling (opt in) Frequency Base Fee Additional on-call pickup 1x week    1x every two weeks    1x month    Bag & Tag Residential Recycling (mandatory) Frequency Base Fee Additional on-call pickup 1x week    1x every two weeks    1x month    Bag & Tag Page 61 of 130 10 EXHIBIT B – COMMERCIAL SERVICES Commercial Solid Waste Bid Sheet Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent)1x     2x     3x         2 yd 1x     2x     3x         4yd 1x     2x     3x    6yd 1x     2x     3x    5 Big Bellies 15 yard (Wastewater)as needed  n/a 20 yard Open Top  as needed  n/a 34 yard compactor  as needed  n/a Commercial Recycling (opt in) Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent)1x     2x     3x    2 yd 1x     2x     3x    4yd 1x     2x     3x    6yd 1x     2x     3x    5 Big Bellies Page 62 of 130 11 Commercial Recycling (mandatory) Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent)1x     2x     3x         2 yd 1x     2x     3x         4yd 1x     2x     3x         6yd 1x     2x     3x    Page 63 of 130 12 EXHIBIT C – MUNICIPAL SOLID WASTE COLLECTION Municipal Solid Waste Bid Sheet Facility Name Location Bin Size # Bins Collection Frequency Monthl y Cost Schedule Art Center (MARC)111 E 100 N 96 1.00 2 x  52 Ball Fields 200 E Center 96 2.00 2 x week  May - Sept     1 x week  Oct-April City Gym 203 E Center 96 1.00 1/month  52 City Hall 217 E Center Ave 2 cyd 1.00 1 x week  52 Facilities - Shop 470 Kane Creek Blvd 2 cyd 1.00 2x week  52 Old City Park 2882 E Old City Park Rd 96 3.00 3 x in season   May - Sept 1 x off season Oct - April Pool (MRAC)181 W 400 N 96 1.00 1x week  52 Rotary Park 680 Millcreek Blvd   3.00 3 x in season   May - Sept 96 1x off season Oct - April Swanny City Park 181 W 400 North 96 3.00 3 x in season   May - Sept 1x off season Oct - April *option larger carts and less frequent collectio ns and on-call service.        EXHIBIT D - MUNICIPAL RECYCLING LOCATIONS Municipal Recycling Proposed Service Page 64 of 130 13 Facilit y Name Location Bin Size # Bin s Collection Frequency Monthly Cost  Weekly Schedule Art Center (MARC) 111 E 100 N 96 1 Every Other Week  26 Ball Fields 200 E Center 96 4 Every Other Week  26 City Hall 217 E Center Ave 30/ 55 4 Every Other Week  26 Old City Park 2882 E Old City Park Rd 96 2 Every Other Week  26 Pool (MRAC) 181 W 4th N 96 1 Every Other Week  26 Rec Path 2055 Elk Cir 96 6 Every Other Week  26 Rotary Park 680 Millcreek Blvd 96 2 Every Other Week  26 Swanny City Park 181 W 4th North 96 10 Every Other Week  26 Downtow n Hwy 191 20 14 Every Other Week  26 Lions Park Hwy 191 96 2 Every Other Week  26         Totals        Page 65 of 130 14 EXHIBIT E- INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated below and pay all premiums. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not be cancelled, except after thirty (30) days written notice has been received by the City of Moab.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. EXHIBIT F CONFIDENTIALITY In connection with services provided to the City of Moab (the “City”) pursuant to this Page 66 of 130 15 Agreement (the “Agreement”), the Service Provider hereby acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City in writing. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City in writing. he Service Provider agrees that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation, or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure request under (b) above, the Service Provider shall furnish a copy of the request to the City prior to any disclosure. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described above, including all electronic copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. Page 67 of 130 16 EXHIBIT G – ADDITIONAL SERVICES Special Collection Services and Drop Off       Frequency Fee (Based on Drop Off Fee Plus Premium)Gallons/YD/Size Household Hazardous Waste Collection         Drop - Off Center:    Organics - Food Waste     Grass / Leaves / Brush / Weeds / Yard Debris / Small Branches / Limbs     Pallets - Reusable Condition (Wood or Plastic)    Mattress -or- Box Springs – T/F/Q/K     Electronic Waste (Computer, Phone)    TV - Small/Large - 36"    Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer     Hot Water Heater - All Sizes     Arm Chair / Recliner / Love Seat / Futon     Sofa Large     Dresser - Tables - Chairs - Misc Small Furniture - Sink – Toilet     Tires     Scrap Steel – Metal     Refrigerator / Freezer / AC Unit (Any unit that needs Freon Removed)    Animal Carcass     C and D Debris - Heavy Material (Wood - Sheetrock - Construction Debris)    Non-Compacted Household Trash (MSW)    Compacted (MSW) - Rear Load - Front Load - Side Load – Compactors     Cardboard EXHIBIT H - PROPOSED PROTOCOL FOR AUDITS OF WASTE STREAM The City aspires to be the leader in the community in moving towards Zero Waste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the Page 68 of 130 17 contents of trash collection containers and recycling bins -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City will work with its contracted vendor to implement audits using the following specifications: 1.Schedule trash and recycling audits of at least one municipal and commercial building per year ●Locations to be agreed upon in advance between City and vendor. ●Vendor will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2.Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3.Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling bins, which creates "contamination" that reduces the value of the recyclables. 4.The following categories of materials found during audits will be evaluated: ●recyclables ●compostables ●high volume hard-to-recycle items ●trash 5.Containers will be emptied onto tarps laid on the ground for the purpose of auditing. ●contents may need to be manually spread out for better evaluation ●contents will be quantified with verbal descriptions and general percentages of the overall sample ●digital photos will be taken to aid with reporting and assessment ●upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date 6.A final report will be submitted within four weeks after the audit by the vendor, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. Page 69 of 130 18 EXHIBIT I - REPORTING Tonnage Summary Worksheet   SECTION A - Recyclable Materials Collected  TOTAL TONS 1. Curbside Recycling Collection    Single-stream  0.00 Paper Mix (ONP, OMX,etc) 0.00   0.00 Curbside Total: 0.00 2. Multifamily and Commercial Recycling    Single-stream  0.00 Paper Mix (ONP, OMX, etc) 0.00 Corrugated Cardboard  0.00   0.00 Comm Total: 0.00 3. Drop-off Systems (e.g., grocery stores)   Paper Mix (ONP, OMX, etc.) 0.00 Corrugated cardboard  0.00 Commingled containers  0.00 Drop-off System Total: 0.00 TOTAL TONS  0.00     4. Yard and Wood Wastes (Cubic Yards)   Yard Wastes (Residential) 0 Yard wastes (Commercial) 0 Construction and Demolition  0 Total cubic yards: 0   TOTAL TONS Section B - Number of recycling customers on Dec 31, 2019: 1. Residential  0 2. Multi-family  0 3. Commercial  0 Total rec customers: 0 4. # of drop-off sites  0     SECTION C - Cubic Yards of Solid Waste Collected    Page 70 of 130 19   Total Cubic Yards Compacted (Residential)   Compacted (Commercial)   Roll-off Compacted MSW    Roll-off Loose MSW        Page 71 of 130 20 Exhibit J - COST & ACCOUNT DATA RESIDENTIAL & COMMERCIAL TRASH ACCOUNTS - SECTOR 2018   Apartments 21 Commercial 312 Condos 17 Institutional 46 Motels 124 Residential Multi-Family 14 Single Residential 1691 Trailers 11 Total 2236 Page 72 of 130 21 Page 73 of 130 Moab City Council Agenda Item Meeting Date: November 13, 2018 #: Title: ​Options regarding Residential and Commercial Solid Waste and Recycling Collection and Disposal Date Submitted:​ November 5, 2018 Staff Presenter:​ Rosemarie Russo, Sustainability Director Attachment(s): ●Residential and Commercial Solid Waste Collection, Disposal & Recycling Request for Proposal Recommended Motion:​ N/A – discussion purposes only at this time Background: (The goal of this briefing is to solicit informal direction from the City Council in advance of negotiating a contract with the proposed service provider. Once that happens, staff will bring a formal contract proposal back to the Council for approval.) The City’s waste hauling services have not been subject to a competitive bid process for close to twenty years. In order to ensure the best combination of service and value, the City solicited proposals for garbage and recycling services for residential and commercial customers within the City as well as municipal facilities. Additionally, the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. The City currently contracts with a solid waste hauler for commercial and residential service within the City, and separately for recycling services. The City sought to combine those functions in order to optimize collection efficiencies and track progress toward waste reduction goals. The RFP asked respondents to provide pricing options for mandatory or optional curbside recycling services, as well as a host of other “a la carte” services. The City received one qualified response to the request, which came from Monument Waste, the current service provider. Recycling services include: ●Newspaper (ONP) - including all inserts ●Cardboard (OCC) - boxes should be broken down flat ●Chipboard Boxes - Cereal & Tissue type ●Magazines and Glossy Print ●Junk Mail / Bulk Mixed paper 1 Page 74 of 130 �%Office Paper - White & Colored �%Tin cans �%Aluminum beverage containers �%Glass bottles and jars - beverage and food containers �%Plastic bottles & tubs (#1 and #2 only) �%Aseptic Containers (milk, juice, broth, etc.) �%Styrofoam "packing blocks" only - No packing peanuts, cups or plates �%Hot beverage cups Recommended service levels: 1.Continue requiring residential curbside garbage pickup once a week. 2.Require residential curbside recycling every two weeks. This will significantly improve landfill diversion rates and result in a lower cost for recycling pickup in the aggregate. 3.Offer two sizes of carts for both recycling and garbage residential service. Doing so allows households to scale their service specific to their use. However, to avoid overly complicating the billing and operational impacts of this option, staff recommends that households be limited to making changes from one size to another at set times of the year. This would not affect adding additional containers ad hoc. 4.Continue to require commercial garbage pickup with various container sizes . 5.Continue to offer recycling pickup with various container sizes available. 6.Constrain commercial pickup of garbage and/or recycling to a maximum of twice a week. This will cut down on collection vehicle trips and incentivize commercial customers to right-size their containers. Currently, a resident within city limits pay approximately $17 for trash (95 gallon can) and optionally $12 for recycling (30 gallon bin) for a monthly cost of $29. Proposed rates are as follows: Recommended Rates: 1.Residential mandatory curbside recycling pickup (once every two weeks): �%$16 (65-gallon trash) and $10 (65-gallon recycling) = $26/month �%$16 (65-gallon trash) and $12 (95-gallon recycling) = $28/month �%$18 (95-gallon trash) and $10 (65-gallon recycling) = $28/month �%$18 (95-gallon trash) and $12 (95-gallon recycling) = $30/month 2. Commercial mandatory garbage pickup: Weekly:Twice weekly: 2 yd $64 $120 3 yd $79 $149 4 yd $94 $177 6 yd $124 $233 8 yd $154 $290 2 Page 75 of 130 3. ​Commercial optional recycling pickup: Weekly:Twice weekly: 2 yd $59 $111 3 yd $74 $139 4 yd $89 $167 6 yd $119 $224 8 yd $149 $280 Alternatively, if the Council wishes to not require mandatory residential recycling pickup, the rates for opting in to recycling pickup would be as follows: Opt-in residential curbside recycling pickup (once every two weeks): ●$16 (65-gallon trash) and $14 (65-gallon recycling) = $30/month ●$16 (65-gallon trash) and $16 (95-gallon recycling) = $32/month ●$18 (95-gallon trash) and $14 (65-gallon recycling) = $32/month ●$18 (95-gallon trash) and $16 (95-gallon recycling) = $34/month And if the Council wished to require commercial recycling pickup, the rates would be as follows: Commercial required recycling pickup: Weekly:Twice weekly: 2 yd $54 $102 3 yd $69 $130 4 yd $84 $158 6 yd $114 $214 8 yd $144 $271 The proposal includes pricing for using multiple containers as well as specific pricing for servicing municipal facilities. The initial term of the contract would be from April 1, 2019 to November 30, 2023. The City may, in its discretion, extend the contract for up to two additional terms of five years each. #### 3 Page 76 of 130 1 TABLE OF CONTENTS Franchise Agreement Attachment 1: General Specifications 1.Provision of Services Generally 2.Service Provider’s Designated Single Point of Contact 3.Hours of Work 4.Residential Curbside Operational Requirements 5.Commercial Operational Requirements 6.Municipal Facilities Operational Requirements 7.Security Clearance and Worker Identification Requirements for City Facilities 8.Reporting 9.Billing 10.Additional Provisions Attachment 2: Rates and Fees 1.Residential Service 2.Commercial Service 3.Municipal Facilities Service 4.Transfer Station Fees for City Departments Attachment 3: Materials Approved for Recycling Attachment 4: Audit and Reporting Protocols Attachment 5: Insurance Requirements Page 77 of 130 2 FRANCHISE AGREEMENT FOR RESIDENTIAL, MUNICIPAL AND COMMERCIAL SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL This agreement (“Agreement”) is made and entered into the day and year set forth below by and between the City of Moab, Utah, a Municipal Corporation, (“City”), and Monument Waste Services, LLC ("Service Provider"), collectively “Parties”. WHEREAS, the City is mindful of its duties and responsibilities to protect and maintain the public health, including the regulation and control of collection and disposal of solid waste in the City, and has determined that the best interest of the City would be served by the employment of Service Provider for this purpose; and WHEREAS, Service Provider is willing to render the service of collection and disposal of solid waste and residential recycle within the City upon the terms and conditions set out below; In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1.Scope of Services. The Service Provider agrees to provide solid waste collection and recycling services in accordance with the scope of services attached hereto as “General Specifications" (Attachment 1) and the other referenced attachments incorporated by this reference. Service Provider shall be solely responsible for performance of all duties hereunder. 2.Payment. All rates, fees, and other monetary arrangements owing between the parties are enumerated in Attachment 2, incorporated herein. Service Provider agrees that it shall not negotiate or attempt to collect separate rates or other charges with individual customers, or otherwise modify the price or terms of service without the express written agreement of the City. 3.Rate Modification. Service Provider 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 Service Provider. A special rate review application shall be considered at the request of the Service Provider if one or more of the following occurs: a.Landfill tip fees change by more than five (5) percent; or b.Accumulative operating costs over which Service Provider has no control change by more than ten (10) percent. Any change in rates shall be at the discretion of the City Council. At least fifteen (15) days prior to any decision by the City Council, the Service Provider shall submit to City staff complete and accurate financial data showing its operating costs, revenues, and rate of-return for operations under this Agreement. City staff may request, and Service Provider agrees to provide, other or additional records as may be necessary to fully review Service Provider’s operations and rate requests. All such financial information submitted to the City shall be kept confidential. Page 78 of 130 3 The City Council may grant a special rate request, or grant the request in part. The Council shall not unreasonably withhold granting the request in part or in full. Any change in customer rates shall be confirmed in a written amendment to this Agreement, which shall take effect no sooner than thirty (30) days from the date of the Council decision. 4.Term. This Agreement shall commence June 1, 2019, and shall continue in full force and effect until May 31, 2024, unless sooner terminated as herein provided (the “Initial Term”). In addition, at the option of the City, the Agreement may be extended for up to two (2) additional five-year periods. Written notice of extension shall be provided to the Service Provider no later than thirty (30) days prior to expiration of the preceding term. 5.Force Majeure. If either party is prevented in whole or in part from performing its obligations under this Agreement by unforeseeable causes beyond its reasonable control and without its fault or negligence, e.g. due to strike, fire, flood, extreme weather event, or similar causes, then the party so prevented shall be excused from whatever performance is prevented by such cause, provided that it resumes full performance immediately upon cessation of the intervening force or event. To the extent that a force majeure event prevents solid waste collection or recycling services from being performed, the Service Provider must provide written notice to the City of such condition within three (3) days from the onset of such condition. If the force majeure event continues for twenty (20) consecutive days or more, then either party may terminate this Agreement without further liability. 6.Early Termination by City/Notice. Notwithstanding the terms contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least eight (8) months prior to the termination date contained in said notice. In the event of termination without cause by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to any other claims arising under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7.City Representative. The City will designate, prior to commencement of the work, its representative who shall be the point of contact between the City and the Service Provider on matters related to this Agreement. The City may designate successor representatives from time to time. The City representative shall not have the authority to waive or modify the terms of this Agreement. 8.Independent Contractor. The relationship between the parties is that of independent contractors. Neither party shall have the authority to act for, or otherwise bind the other with respect to this Agreement or any other matters. Page 79 of 130 4 9.Subcontractors. All work provided under this Agreement shall be provided by Service Provider. Service Provider shall not subcontract all or any part of the work set forth in this Agreement without the prior written consent of the City, and any such consent shall be committed to its sole discretion. 10.Personal Services. This Agreement is a contract for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11.Acceptance Not Waiver. The City's and/or Service Provider’s approval or acceptance of, or payment for any of the services under this Agreement shall not be construed to operate as a waiver of any rights provided to the parties under this Agreement or any cause of action arising out of this Agreement. The failure to invoke remedies with respect to any particular act or omission constituting a breach shall not be regarded as a waiver with respect to any other or successive act or omission constituting a breach. 12.No Third-Party Beneficiaries. The parties to this Agreement are as identified in in the first paragraph. There are no known or intended third party beneficiaries, an no other persons shall have any rights to enforce this Agreement. 13.Integration/Modification. This Agreement is the sole and complete agreement of the parties and supersedes all prior oral or written agreements, representations, or promises between the parties. This Agreement may only be modified in a writing duly executed by both parties in the same manner as set forth on the signature page, below. 14.Immunity. The City, as a Utah governmental entity, possesses certain immunities by law, including immunity under the Utah Governmental Immunity Act, U.C.A. § 63G-7-101, et seq. Nothing in this Agreement waives or abrogates any legal immunities possessed by the City. 15.Interpretation. This Agreement is the product of mutual bargaining. It shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. 16.Severability. If any term or provision of this Agreement shall be found to be unlawful or unenforceable, it shall be stricken, and the remainder of the document shall be enforced in accordance with its terms without invalidating the entire Agreement. 17.Notice. Notice under this Agreement shall be valid if sent by United States First Class mail, personal delivery, or courier to the address designated below. Email notice is acceptable if it is followed by written notice in the manner otherwise provided in this section. The parties may alter their address for notice at any time upon delivery of written notice to the other stating the new address. The addresses of the parties are as follows: Page 80 of 130 5 City of Moab 217 East Center Street Moab, UT 8452 Attn: City Manager Email: Deveritt@moabcity.org (435) 259-5121 Monument Waste Services, LLC 2295 South Highway 191 Moab, UT 84532 Email: dan@monumentwaste.com (435) 259-6314 18.Default. Each term and condition hereof shall be deemed a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 19.Remedies. Prior to invoking any remedies for breach, the non-breaching party shall first deliver written notice to the other party identifying the act, omission, or event constituting a default and allowing the other party a period of not less than seven (7) calendar days in which to cure or abate same. Cure within that time period shall reinstate all rights of the parties under this Agreement. In the event that a default is not timely cured the non-breaching party is not required to deliver multiple or successive notices of default. In the event a default or breach remains uncorrected, the party providing notice may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) pursue any other remedy at law or equity. a.In any suit arising under this Agreement the court shall award the substantially prevailing party its reasonable attorney fees and court costs in addition to any other relief. b.Neither party shall be liable to the other party for consequential damages, lost profits, non-economic damages, or similar relief that might otherwise be claimed as a result of breach. c.In the event that residential service default(s) remain uncured, the City may assess liquidated damages against the Service Provider, which sums may be deducted as against sums otherwise payable to Service Provider or collected by other means. Should the daily average of missed residential service pickups exceed one percent (1%) of the total of residential accounts, then the City may assess, and the Service Provider shall pay, liquidated damages in the amount of ten dollars ($10.00) multiplied by the number of missed residential pickups. Should the daily average of missed residential service pickups exceed two percent (2%) of the total of residential accounts, then the City may assess, and Service Provider shall pay, Page 81 of 130 6 liquidated damages in the amount of twenty dollars ($20.00) multiplied by the number of missed residential pickups. The parties agree that the calculation of actual damages in the case of missed residential service pickups may be difficult to calculate with certainty. These liquidated damages are agreed to be reasonable and not a penalty. d.The parties may combine or pursue multiple or alternative remedies as may fit the circumstances of the breach. Should either party seek injunctive relief it may obtain that relief without the necessity of posting a bond to secure same. 20.Indemnity/Insurance The Service Provider agrees to indemnify and hold the City, its officers, agents and employees harmless from any and all actions, suits, claims, demands or liability of any character whatsoever, including reasonable costs of defense, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the acts or omissions of Service Provider, its officers, agents, or employees under this Agreement. Service Provider shall provide and maintain for the duration of this Agreement insurance coverage of the types and with the limits specified within Attachment 5, as attached and incorporated by this reference. Before commencing services, the Service Provider shall deliver to the City a copy of certificates of insurance evidencing the insurance coverage required by this Agreement. With the exception of worker’s compensation coverage, all insurance policies required to be maintained by the Service Provider shall name the City as an additional insured. 21.Confidentiality. Service Provider acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Unless otherwise specifically agreed in writing, Service Provider agrees to keep and maintain all information provided to it by the City confidential, and not disclose or use same for any purposes unrelated to performance of this Agreement. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. 22.Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required. The City shall have no obligation to continue the Agreement in any fiscal year for which no such supporting appropriation has been made. 23.Performance in Conformity with Law. All operations of the Service Provider, including all solid waste disposal and recycling operations, shall be performed in conformity with applicable federal, state, and local laws and regulations. All materials delivered for disposal or Page 82 of 130 7 recycling shall be disposed of at lawfully licensed and approved facilities, and in accordance with all applicable regulations. 24.Safety. All Service Provider operations shall be performed in conformity with applicable workplace safety regulations. Service Provider shall assure that its employees are properly trained in the use of its equipment and in safe operating practices, and that all employees possess valid driver’s licenses of a type applicable to the equipment they operate. Service Provider shall take appropriate personnel action against its employees who are found to engage in unsafe or unauthorized workplace behavior. a.Equipment and vehicles used by Service Provider shall at all times be properly licensed for operation on public streets, if applicable. Service Provider shall routinely inspect all equipment and vehicles used in the performance of this Agreement and assure that same is maintained in a safe and operational condition. 25.Governing Law/Venue/Jury Waiver. The laws of the state of Utah govern this Agreement. The sole venue for any legal dispute arising from or concerning this Agreement shall be the courts of Grand County, Utah. In any such proceeding the court shall decide all matters in dispute, without a jury, regardless of the denomination of any claims that might be brought. 26.Approval. This Agreement is a valid, binding, and enforceable obligation executed after all parties have obtained the necessary authority. City of Moab: By:_____________________________ David Everitt, City Manager Attest: By:___________________________________________________ Stephanie Haycock, Deputy Recorder Date Monument Waste Services, LLC: By:___________________________________________________ Dan Kirkpatrick, Manager Date Page 83 of 130 8 ATTACHMENT 1 GENERAL SPECIFICATIONS Contents: 1.Provision of Services Generally 2.Service Provider’s Designated Single Point of Contact 3.Hours of Work 4.Residential Curbside Operational Requirements 5.Commercial Operational requirements. 6.Municipal Facilities Operational Requirements 7.Security Clearance and Worker Identification Requirements for City Facilities 8.Reporting 9.Billing 10.Additional Provisions 1. Provision of Services Generally. The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from commercial, residential, and centralized outdoor collection sites within the City. The Service Provider will also provide refuse hauling and recycling services for specified City buildings and facilities. Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided. All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also comply with all applicable codes and regulations. Service Provider shall comply with all City, State and Federal health and environmental safety laws and regulations while performing the prescribed work. Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this Agreement and restrictions from future contracts. 2. Communication and Coordination Service Provider’s Designated Single Point of Contact (“SPOC”): Service Provider shall designate a SPOC with whom the City will work to handle all administrative matters related to this Agreement. The SPOC must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. When Service Provider’s SPOC is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. Service Page 84 of 130 9 Provider shall give the City written notification of any SPOC change within two (2) calendar days of the change. The City requires that Service Provider’s SPOC meets with the City’s Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator. Service Provider will provide minutes of these meetings to the City’s Contract Administrator, which will include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item’s completion. During these meetings, Service Provider’s SPOC will provide updates of any new waste stream reduction opportunities the Service Provider may be able to offer, or notify the City of program reduction(s) related to recycle market changes directed from the MRF’s. Outreach Coordinator: Service Provider will employ an individual no less than 20 hours per week to educate City residents, businesses, and visitors about recycling and waste management practices. This position’s responsibilities will include, but are not limited, to: Creating and distributing single-stream recycling program information; Interfacing with local community groups and individuals who are interested in waste management issues; One-on-one customer training and support; and Waste and recycling audits and inspections This position may or may not be also the designated SPOC for Service Provider. 3. Hours of Work; Holidays. Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. in or adjacent to a residential neighborhood. Service Provider will maintain reasonable and consistent office hours along with an all-hours emergency contact. New Year’s Day, Christmas Day, and Thanksgiving Day are considered holidays under this Agreement. If any of Service Provider’s regularly scheduled service days fall on a holiday, Service Provider will provide collection service on the next regular work day. 4. Residential Curbside Operational Requirements. The following requirements apply: Residential curbside service includes emptying trash and recycling containers. Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. Service Provider shall provide on-call or emergency pick-up service for any materials Page 85 of 130 10 requested by the City within 24 hours. The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider’s improper dumping of materials designated on the City’s list of recyclables may be cause for immediate cancellation of this Agreement. Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at centralized pick-up sites or City facilities generally. Service Provider understands that the City is subject to intense and inclement weather conditions, including but not limited to snow, high velocity winds, rain, fog, heat and/or flooding. Service Provider understands that it is responsible for providing solid waste collection services, no matter what the conditions or circumstances are, so long as this contract continues in force. Service Provider is responsible for making all reasonable efforts including, but not limited to providing additional trucks, personnel and equipment, to continue to provide service under such conditions. Number of Polycarts: One 95-gallon recycling polycart shall be located at each residence. One trash polycart – either 95-gallon or 65-gallon – shall be located at each residence. Additional trash or recycling polycarts may be located at a residence on a case by case basis. Requests for ongoing additional polycarts at a residence shall be processed during the months of February and October only, except that requests will be also be processed in the two months subsequent to the commencement of this Agreement. Frequency and Timing of Service: Regular curbside service shall occur weekly for trash and every other week for recycling. Service Provider shall not commence collection of solid waste in residential areas prior to 7:00 a.m. or continue collection after 7:00 p.m. In the event that there is some type of mechanical failure, equipment problems, or service failure, this restriction may be waived by the City Manager or their designee. Additional one-time curbside pickups may be scheduled on an as-needed basis directly with the Service Provider and billed to the residence as established in Attachment 2. Materials to be Recycled: See Attachment 4. 5. Commercial Operational requirements. Frequency of commercial service. Commercial trash and recycling pickup frequency and volume are negotiated between the Service Provider and commercial customers on an individual basis. Service Provider will work closely with commercial customers to right-size their polycart, and encourage group use of polycarts in order to maximize the efficient collection of trash and recycling. Rates for commercial customers are set forth in this agreement (see Attachment 2). Page 86 of 130 11 6. Municipal Facilities Operational Requirements. Service Provider shall pick up trash and recyclables from municipal bin locations at a frequency and at locations described in Attachment 2. Materials that will not be collected include: construction debris, concrete, asphalt, dirt, hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers and electronic equipment). The following items will be provided by the Service Provider to facilitate collections at the municipal bin locations: Trash Containers: Service Provider shall at minimum furnish fixed-hinge, covered trash containers in good condition, with appropriate locking devices as needed, of the size and quantity required as described in Attachment 2. Other equipment such as polycart containers or compacting containers may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. Roll-Offs: Periodically, “on call” roll-off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll-off boxes (e.g., 20 yd) in a clean, serviceable condition and which feature weather-resistant covers, for waste collection. Service Provider shall provide one roll-off trash container upon request per month at a location designated by the City at no additional charge; additional roll-off containers shall be provided at the rate described in Attachment 2. Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity as described in Attachment 2. All new and replacement recycling containers for City facilities, businesses and residents will be rolled and lidded 95-gallon polycarts. Indoor Recycling Containers: Service Provider is to provide indoor recycling containers e.g., 95-gallon wheeled polycarts with for recycling collection in breakroom areas. Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites. At a minimum, signage shall clearly identify items accepted (for recycling polycarts), labeling and other means such as color-coded container lids for trash and recycling polycarts that clearly differentiates them from one another, and contain contact information for the Service Provider. Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: dumpsters, cardboard cages, polycarts or compacting recycling polycarts as approved by the City. 7. Security Clearance and Worker Identification Requirements for City Facilities. Prior to beginning work under this Agreement, any Service Provider employees who will work Page 87 of 130 12 on this Agreement must obtain a background clearance using Utah Database Investigations and/or Utah Bureau of Investigations-Crime Information Center. Security clearance requirements applies in particular to: personnel who handle secure documents destruction services and personnel entering secured areas such as police services, water treatment facilities, wastewater treatment facilities, and the trash and recycling pickup area at City Hall. It may be extended at the City’s discretion to any personnel who enter City premises in the course of duties. 8. Reporting. The City has set ambitious carbon footprint and waste diversion goals, both for municipal functions and the community as a whole. The following reporting requirements are structured to assist with measuring and tracking variables related to those goals as well as for customer service metrics: Quarterly (provided within 15 days of the end of each month): o An Exceptions Report that shall include: For municipal facilities: Any extra service requests by the City for municipal facilities trash removal and/or recycling beyond the normal service level to which that department or location subscribes. Overflowing or underutilized municipal facility containers. One- time issues need not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included. Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included. For residential and commercial operations: Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included. A list of corrective actions taken in the case of broken or tagged polycarts and any other service complaints. o A Volumes Report that includes the amounts of trash (landfill) material and recyclable material collected citywide. Annually (provided by January 30th of each year): o The average weight per yard for trash and recycling (“Volumes Report”) in order to verify that an accurate conversion factor was generated by the Service Provider. The City requires that all single-stream material collected for recycling must be reported in weights; the weights of single-stream material must be reported in tons.. o Annual gross revenues and costs associated with the disposition of recyclables. o A review of existing municipal practices and a summary report detailing observations, recommendations and opportunities for improvement. In addition, at least one on-site audit of trash and recycling will be performed each year of the Page 88 of 130 13 Agreement by the Service Provider, at a site to be selected by the City, per the protocol for audits provided to the City (See Attachment 4). 9. Billing. The following apply to the billing process. The City shall prepare for the Service Provider’s approval a billing summary that shows the total amount billed to customers as provided for herein. The billing summary shall be presented by the City Treasurer to the Service Provider for review and approval by the last day of each month. Service Provider shall review and approve the billing summary within two (2) business days of presentation to the Service Provider by the City Treasurer. Within three (3) business days after Service Provider approves the billing summary, City shall pay Service Provider the amount shown on the approved billing summary. The approved billing summary shall constitute a written request for payment by the Service Provider. The contract revenue payable to the Service Provider shall be the amount billed to customers pursuant to the approved request for payment, less the Administrative Fee (see below). Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for each municipal facility location’s subscription service level, listed by the appropriate location. Service Provider will provide a separate, itemized bill to the Treasurer for any extra services rendered to a municipal facility location per the Exceptions Report referenced above. All payments for extra municipal services will be made by the City on a net-30 days’ basis from the date of the invoice. The City reserves the right to withhold or deduct payment to the Service Provider for missed or skipped pickups. Adjustments to any month's billing summary may be made in subsequent months if approved in writing by the City Treasurer and the Service Provider. 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 two (2) months (without proration) from the date the correction is made. In the event that the City determines from time to time that a customer account is deemed uncollectible, then the parties agree that the Service Provider’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. Administrative Fee. The City will deduct an Administrative Fee of up to six percent (6%) of the total payable to the Service Provider to cover City expenses for customer service, billing services, and administration, excluding city-billed municipal facilities. Unpaid accounts. The City shall promptly pursue collection of unpaid accounts, whether by issuing shut-off notices or by other collection means. In the event that the City determines, at 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. Page 89 of 130 14 When an account is unpaid for two months consecutively, the City shall promptly notify the Service Provider and solid waste service shall be suspended until the sums owing are either paid by the customer or the City otherwise determines to restore service. Unoccupied Residential Units. Residential units that 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 Service Provider under this section. Service Provider shall be notified when residential units are unoccupied and shall be allowed to suspend service and remove the approved containers. 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 container used by the customer. Properties with more than one land use type may be charged the higher applicable rate. 10. Additional Provisions. Service Provider shall maintain all trash and recycling containers in a clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request with an occurrence fee as listed in Attachment 2 Service Provider shall suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week of notice to the Service Provider. Rate changes must be approved by the City Council upon a showing of good cause, as provided in the Agreement. Service Provider shall purchase from the City all of the current 95-gallon polycarts in use for $1 (one dollar) each. Service Provider is solely responsible for the recycling or disposal of said polycarts. Large item/bulky waste collection and processing will be available to commercial and residential customers at the rates listed in Attachment 2. At a point mutually agreed upon by the Service Provider and the City, the Service Provider shall participate in a pilot compost program, which may be subject to a separate agreement between the Parties. Page 90 of 130 15 ATTACHMENT 2 RATES AND FEES Contents: 1. Definitions 2. Residential rates 3. Commercial rates 4. Municipal facilities 5. Transfer station drop-off rates for City Departments (Transfer station drop-off rates for public are available at www.monumentwaste.com) 1. Definitions: The following definitions apply to this attachment: Reload Fee: Assessed to customers when cleanup or overflow occurs and the Service Provider must reload the container. Occurrence Fee: Assessed to customers for any container or cart delivery, removal, exchange or cleaning upon request. Special pickup Fee: Assessed when a customer requests an off-route pickup for overflow or special event. 2. Residential service: Residential rates include one trash bin and one recycling bin. Single Household: Trash Bin Size:Recycling Bin Size:Monthly Rate: 95 gl 95 gl $30 65 gl 95 gl $28 Additional trash bin (95 gl only): $17/month Additional recycling bin (95 gl only): $11/month Reload rate: $5 per bin (trash and/or recycling) Special Pickup: $10 per occurrence Occurrence fee: $10 for Polycarts Multifamily (2 or more households): Trash Bin Size:Monthly Rate: 95 gl*$30 2 yd $76 3 yd $91 4 yd $106 6 yd $136 8 yd $166 *Multifamily accounts may have up to two 95gl polycarts on one account; otherwise they must upgrade to a larger bin. The second 95gl bin is billed at $17/month. Additional recycling bin: $11/month Occurrence fee: $10 for Polycarts Page 91 of 130 16 Occurrence fee: $25 for containers 3. Commercial Service: Recycling: Bin Size 1x every 2 weeks 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 7x Week Reload Special Pickup 95 gl N/A $16 $32 $48 $64 $80 N/A N/A $5 $10 2 yd $37 $59 $111 $167 $224 $283 $357 $447 $20 $30 3 yd $44 $74 $139 $209 $278 $347 $432 $533 $30 $40 4 yd $53 $89 $167 $248 $329 $412 $510 $623 $40 $50 6 yd $71 $119 $224 $329 $436 $543 $666 $805 $60 $70 8 yd $89 $149 $280 $413 $547 $682 $832 $997 $80 $90 Occurrence fee: $25 for containers Trash: Bin Size 1x every 2 weeks 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 7x Week Reload Special Pickup 95 gl N/A $18 $36 $54 $72 $90 $108 $126 $5 $10 *N/A $17 $34 $51 $68 $85 $102 $119 2 yd $40 $64 $120 $182 $243 $307 $387 $482 $20 $30 *$36 $48 $90 $136 $183 $230 $294 $374 3 yd $47 $79 $149 $223 $296 $370 $460 $566 $30 $40 *$43 $59 $111 $167 $222 $278 $349 $436 4 yd $56 $94 $177 $262 $348 $435 $537 $656 $40 $50 *$51 $71 $133 $196 $261 $326 $407 $505 6 yd $74 $124 $223 $343 $454 $565 $692 $836 $60 $70 *$67 $93 $175 $257 $341 $424 $524 $639 8 yd $92 $154 $290 $427 $566 $704 $859 $1,030 $80 $90 *$83 $116 $217 $320 $424 $528 $648 $784 *Add to base rate for each additional container Occurrence fee: $25 for containers Page 92 of 130 17 4. Municipal facilities service: Trash and recycling: High Season (March-October)Low Season (November-February) Animal Shelter**$212 $212 MARC $95 $50 Center St. Ballfields $150 $75 City Center $140 140 Public Works Office/Shop $172 $172 Lions Park $50 35 Old City Park $184 $95 MRAC $95 $50 Rotary Park $184 $92 Swanny City Park $600 $300 WRF office $50 $50 Main Street containers $1,200 $600 Totals $3,132 $1,871 Blended Annual Rate:$32,540 **Includes carcass disposal Sludge hauling from Wastewater Reclamation Facility (as needed): Roll off boxes 3 1: 30 cubic yard 2 :10 cubic yard $200 per haul Forklift hopper 2 1 cubic yard No charge Forklift hopper 1 2 cubic yard No charge Page 93 of 130 18 5. Transfer station drop-off rates for City Departments (not public rates): Page 94 of 130 19 ATTACHMENT 3 MATERIALS TO BE ACCEPTED BY SERVICE PROVIDER FOR RECYCLING 1.Newspaper (ONP) - including all inserts 2.Cardboard (OCC) - boxes should be broken down flat 3.Chipboard Boxes - Cereal & Tissue type 4.Magazines and Glossy Print 5.Junk Mail / Bulk Mixed paper 6.Office Paper - White & Colored 7.Plastic bottles & tubs (#1 and #2 only) 8.Aluminum beverage containers 9.Tin cans 10.Glass bottles and jars - beverage and food containers 11.Aseptic Containers (milk, juice, broth, etc.) 12.Styrofoam "packing blocks" only - No packing peanuts, cups or plates 13.Hot beverage paper cups Page 95 of 130 20 ATTACHMENT 4 AUDIT AND REPORTING PROTOCOLS The City aspires to be the leader in the community in moving towards zero waste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the contents of trash collection containers and recycling polycarts -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City and Service Provider will work collaboratively to implement audits using the following specifications: 1.Trash and recycling audits shall commence at one municipal and one commercial site per year at a minimum and maximum of two per year. Locations to be agreed upon in advance between City and Service Provider. Service Provider will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2.Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3.Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling polycarts, which creates contamination that reduces the value of the recyclables. 4.The following categories of materials found during audits will be evaluated: ●Recyclables ●Compostables ●High volume hard-to-recycle items ●Landfill Material 5.Containers will be emptied onto tarps laid on the ground for the purpose of auditing. Contents may need to be manually spread out for better evaluation. Contents will be quantified with verbal descriptions and general percentages of the overall sample, and digital photos will be taken to aid with reporting and assessment. Upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date. 6.A final report will be submitted within four weeks after the audit by the Service Provider, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. Page 96 of 130 21 ATTACHMENT 5 INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies authorized to conduct business in the State of Utah, the insurance coverage designated below and pay all premiums. Before commencing work under this Agreement, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not be cancelled, except after thirty (30) days written notice has been received by the City of Moab.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. Page 97 of 130 Moab City Council Agenda Item Meeting Date: January 22, 2019 Title: Resolution #02-2019: A Resolution Conditionally Approving the Final Plat of The Preserve Subdivision Phase 3 and Approving a Subdivision Improvements Agreement for Public Improvements, as Favorably Referred to Council by the Planning Commission Disposition: Discussion and possible action Staff Presenter: Sommar Johnson, Development Services Coordinator Attachment(s): -Attachment 1: Proposed Resolution #02-2019 -Attachment 2: The Preserve Phase 3 Subdivision Improvements Agreement -Attachment 3: The Preserve Phase 3 Final Plat -Attachment 4: Aerial(s) Recommended Motion: I move to adopt Resolution #02-2019 approving the Final Plat of Phase 3 of the Preserve Subdivision as Referred to Council by the Planning Commission Background/Summary: In 2009, The Preserve Subdivision Preliminary Plat was approved. Subsequently, Phases 1 and 2 were approved and rapidly built out. The applicants are requesting that the final plat for Phase 3 be approved so additional housing can be constructed. Phase 3 covers about 3.27 acres (142,441 square feet) and consists of six “twinhome” lots and five detached single household lots. The “twinhome” lots range from 5,106 square feet to 6,713 square feet in size. The single household lots are between 9,419 square feet in size to the smallest lot of 8,705 square feet. The lots comply with the R-2 minimum lot size of 5,000 square feet. An extension of Palisade Drive will be constructed to provide access to all of the lots in this phase. A short length (166 lineal feet) of Ibis Lane will also be built along the southernmost edge of the property and will extend to the west and terminate in a temporary emergency vehicle turnaround. This turnaround will be vacated when Ibis Lane is further developed for future phases. The Planning Commission reviewed the development in a regularly scheduled public meeting on August 8, 2018, and adopted Planning Resolution #11-2018 that recommended to Council a conditional approval of the Final Plat for Phase 3. The condition was to adequately address the comments from the Engineering Department prior to the review by Page 98 of 130 Council. At this time, the concerns have been addressed to the satisfaction of the City Engineer. Applicable Code Moab Municipal Code (MMC) Title 16.00, Subdivisions, applies to this application. Chapter 16.16, Final Plats lists the items required for review and approval of the subdivision. A Subdivision Improvements Agreement (SIA) is included with the final plat for review and approval by City Council. In part, this document will discuss salient features of the project, the necessary improvements and costs associated with their construction, and the amount of a warranty that must be submitted. The applicants will begin construction on the necessary public improvements prior to recording the Final Plat. All public improvements are subject to inspection and approval by the City and require written acceptance by the City Engineer prior to recording the Final Plat with the Grand County Recorder. Page 99 of 130 CITY OF MOAB RESOLUTION #02-2019 A RESOLUTION CONDITIONALLY APPROVING THE FINAL PLAT OF THE PRESERVE SUBDIVISION PHASE 3 AND APPROVING A SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUBLIC IMPROVEMENTS, AS FAVORABLY REFERRED TO COUNCIL BY THE PLANNING COMMISSION WHEREAS, Dennis E. and Patricia B. Byrd, representing The Preserve of Moab Utah, LLC with offices at 850 Byrd Avenue, Moab Utah 84532, and as “Owner” of record of a parcel consisting of 3.27 acres referred to as “Phase 3” of The Preserve Subdivision and more particularly described as follows: Beginning at the Southeast comer of Lot 53, The Preserve, Phase II, said point being South 00°31’11” West 790.73 feet and West 660.26 feet from the East Quarter comer of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 00°31'11” West 491.48 feet to a point on Moab city tract; thence along said tract South 89°52'29" West 287.64 feet; thence North 00°00'16” East 491.64 feet; thence North 89°54'39" EAST 292.06 feet to the point of beginning, having an area of 3.27 acres; and WHEREAS, Owner applied for the approval of the proposed Phase 3 of The Preserve Subdivision to create additional buildable lots for six two-unit townhomes and five detached single family residences on the described property; and WHEREAS, the proposed residential uses are permitted uses in the R-2 Residential Zone as indicated in Moab Municipal Code (MMC) Chapter 17.45.020; and WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the subdivision as required MMC Title 16.00, Subdivisions; and WHEREAS, the City of Moab Planning Commission (“Commission”) reviewed the final plat in a regularly scheduled public meeting for compliance with the requirements of the pertinent MMC chapters on August 8, 2018, and found that the proposal has met or can meet the requirements of the Moab Municipal Code; and WHEREAS, Owner is required to construct certain public improvements as described in the Improvements Agreement submitted as part of this application for Final Plat; and WHEREAS, the Moab City Council (“Council) reviewed the Final Plat of Phase III and the Improvements Agreement in a regularly scheduled pubic meeting on January 8, 2019; and WHEREAS, Council agrees with the Planning Commission and Staff recommendations for approval of the Final Plat application. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #02-2019 approves the submitted Final Plat for Phase 3 of The Preserve Subdivision and the Council directs the Mayor to sign the Improvements Agreement. Page 100 of 130 PASSED AND APPROVED in open Council by a majority vote of the Moab City Council on the 8th day of January, 2019. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder Page 101 of 130   When Recorded Mail to:   City of Moab  217 East Center Street   Moab, UT 84532    SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT  For  The Preserve Subdivision, Phase 3    For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Dennis E.  & Patricia Byrd (Subdivider) referred to as the Parties, enter into the following Subdivision  Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal  Code (MMC) Sections 16.20.010, et al, to govern the development of the subject property and  the installation of subdivision improvements required by City Code.    I. RECITALS.    a. The City Planning Commission, as the land use authority for preliminary subdivision plat  approval, after following all required procedures and meeting noticing requirements,  approved a Preliminary Plat for The Preserve Subdivision on November 12, 2009.    b. The Planning Commission recommended approval of the The Preserve Subdivision,  Phase 3, at its August 8, 2018 meeting.    c. The Moab City Council, as land use authority for subdivision final plat approval, shall  consider the final plat for Phase 3 of the subdivision at its January 22, 2019 meeting.    d. Subdivider has submitted to the City for review the construction plans and specifications  entitled The Preserve – Phase 3 (sheets C000 – C404 inclusive, dated 8/28/18), having  been prepared by SET Engineering and bearing the stamp of a licensed Professional  Engineer (hereinafter: the “Construction Plans”). Said plans show in sufficient detail the  Required Improvements for the Subdivision.     e. The Construction Plans have been reviewed and approved subject to such modifications  as may have been specified by each of the following entities:    i. The City Engineer with respect to site grading, pathway, street, and storm water  drainage improvements,    ii. The City Public Works Director with respect to culinary water improvements if  provided by the City, storm water drainage improvements, parking  improvements, and access improvements.    Page 102 of 130   II. AGREEMENT    IN CONSIDERATION OF THE ABOVE RECITALS, THE PARTIES HEREBY AGREE AS FOLLOWS:    1. Covered Property. The recitals above are incorporated into this Agreement. The real  property in the County of Grand, State of Utah, subject to this Agreement (the  Property)is described as follows:         2. Payment of Fees; Approved Land Uses. Subdivider agrees to pay all in‐effect City fees  applicable to the Subdivision, including but not limited to, impact fees, connection fees,  building permit fees, and applicable inspection fees. Applicable fees shall be calculated  and paid according to City policy.    a. The uses permitted in the Subdivision shall correspond with the uses authorized  for the R‐2 Zone under the Moab Municipal Code and other applicable  ordinances. The configuration of the Subdivision and the uses therein shall  conform to the Construction Plans, Exhibit 1 attached, and the Final Plat, as set  forth in Exhibit 2, attached.    3. Phase 3 Required Improvements. Subdivider will make all improvements to the property  shown on the Construction Plans that fall within the boundary of the Phase 3 plat as  well as those improvements that fall outside of the Phase 3 boundary but are identified  on the Construction Plans as Phase 3 improvements. Required Improvements shall  include but not be limited to the following:    Page 103 of 130   a. Site clearing and removal of obstructions  b. General site grading  c. Site utilities including but not limited to culinary water and sanitary sewer, gas  and power  d. Street, curb & gutter, and sidewalks  e. Street signage and lighting  f. Storm water drainage facilities    4. Improvements to be Completed in Conformance with Construction Plans. All Required  Improvements shall be constructed in a workmanlike manner and in conformity with the  approved Construction Plans. No deviations from the Construction Plans shall be  permitted, except as authorized in writing by the City Engineer upon a showing of good  cause. In addition, all Required Improvements shall be completed in conformance with  the City of Moab Public Improvement Specifications, building codes, and all state and  federal regulations, as applicable.     5. Timeline for Completion. Construction of the Required Improvements shall not  commence until the Effective Date of this Agreement. Construction of all Required  Improvements shall be completed within two hundred ten (210) days from the Effective  Date of this Agreement.    a. A reasonable extension of time for the completion of the Required  Improvements may be granted, at the discretion of the City Council, upon a  showing by the Subdivider that there is good cause for an extension and that the  work has been diligently prosecuted from the Effective Date of this Agreement.  Without limiting this provision, good cause may include an extension of time due  to the need to complete building construction prior to the completion of curbing,  sidewalks, or landscaping, or as otherwise needed to provide for orderly  construction and avoid damage to improvements in the course of other  construction.  b. If the construction of the Required Improvements is not completed and accepted  within the timelines specified herein, or as lawfully extended, then the  Subdivision and all development approvals shall be deemed lapsed and shall  have no further effect.    6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such  time as all of the Required Improvements are completed and, with respect to public  improvements, accepted by the City, except that building permits may be issued if  Subdivider provides a Financial Assurance to the City conforming to Section Eight, below,  and all fees paid in full as required by the City. No final plat for the Subdivision, or any  phase thereof, shall be executed by the City or submitted for recording until such time  as either: a) all of the Required Improvements are completed in accordance with this  Agreement and, with respect to public improvements, accepted by the City; or b) a  Financial Assurance conforming to Section Eight is delivered to the City. Subdivider  Page 104 of 130   shall not convey or purport to convey any lot within the Subdivision prior to the  recording of the final plat. Any purported conveyance of lots by Subdivider prior to  approval and recording of a final plat for any phase of the Subdivision, or otherwise in  violation of this Agreement, shall be void.    7. Acceptance of Improvements, Warranty, Release Provisions. All of the public  improvements comprising the Required Improvements shall be subject to quality  assurance testing and inspection as specified in the Construction Plans and/or applicable  reference standards. Subdivider or its authorized representative shall provide not less  than forty eight (48) hours minimum notification to City when inspection is required.  The costs associated with such testing and inspection shall be the responsibility of  Subdivider. Any work which is rejected following inspection must be repaired or  replaced at the sole cost of the Subdivider. Any work which is covered up prior to  inspection may be rejected, in which case Subdivider shall be solely responsible for  exposing the work and arranging for inspection.    a. The acceptance by the City of the public improvements comprising the Required  Improvements following completion and satisfactory inspection shall constitute  a dedication and conveyance by the Subdivider to the City of all such  improvements. Subdivider shall convey all public improvements to the City free  and clear of any mechanic liens, claims, or other encumbrances.    b. Subdivider warrants that all public improvements dedicated to the City shall be  constructed in a workmanlike manner, in accordance with approved plans and  specifications, and that all such improvements shall be free of defects in materials  and workmanship for a period of one (1) year from the date of acceptance by the  City. Subdivider shall promptly repair or replace any defective work following  receipt of written notice under this warranty from the City.    c. To partially secure this obligation, Subdivider shall deposit with the City the sum of  THIRTY THREE THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND NINETY CENTS  ($33,315.90), which sum is equal to ten percent (10%) of the construction cost, as  determined by the City Engineer, for public improvements comprising the  Required Improvements (the Warranty Deposit). The Warranty Deposit shall be  held by the City in a non‐interest bearing account, unless otherwise agreed in  writing.    d. The Warranty Deposit shall be paid by the Subdivider no later than fifteen (15)  calendar days from the Effective Date of this Agreement.    e. Upon expiration of the warranty period the Subdivider may request refund of the  Warranty Deposit in writing. The City Engineer and/or Public Works Director will  review the request and promptly determine whether there are any unperformed  warranty claims pertaining to this Agreement. Upon receipt of written verification  Page 105 of 130 from the City Engineer and/or Public Works Director as to the absence of any  unperformed warranty claims, the City Treasurer shall promptly refund the  Warranty Deposit to Subdivider.  f. In the event of any default following delivery of written notice to Subdivider with respect to Subdivider’s warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. This remedy may be combined or utilized in conjunction with any other remedies, in the sole discretion of the City. g. Subdivider additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the public improvements. 8.Financial Assurance. If the Required Improvements are not completed within the two hundred ten (210) day deadline specified in this Agreement, or if Subdivider desires to record a final plat or obtain a building permit in advance of the completion of all of the Required Improvements, then the Subdivider may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements which remain to be completed. The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit or other financial instrument approved by the City Attorney in an amount which is not less than one hundred forty percent (140%) of the construction cost set forth in the Construction Plans of Exhibit 1, and as reviewed and approved by the City Engineer in writing, of the remaining improvements which are not completed. If a Financial Assurance is approved according to this Section Eight, Subdivider shall have up to two hundred ten (210) additional days from the Effective Date of this Agreement in which to complete the Required Improvements. The Financial Assurance provided under this Section Eight may be combined with the Warranty Deposit specified in Section Seven. A cash Financial Assurance shall be held in a non‐interest bearing account unless otherwise agreed in writing. 9.Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section Eight, above, then the City may issue an immediate cease and desist order to Subdivider and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Subdivider fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 10.Partial Releases of Financial Assurance.   Upon partial completion of any class of improvements within the Required Improvements Subdivider may request a partial Page 106 of 130   release of the Financial Assurance. The amount of the release shall be equal to the  agreed cost of the completed improvements, as determined by the City Engineer. Partial  releases shall not be made for partial completion of a class of improvements.    a. In order for Subdivider to receive such partial release, the following shall be  presented to City:    i. A completed Request for Partial Release of Financial Assurance Form, as  set forth in Exhibit 3.    ii. Copies of all quality assurance test results/inspection reports required for  the completed improvements;    iii. Copies of all weight/quantity tickets for materials incorporated in the work  for all items that were estimated on the basis of weight/quantity; and    iv. Copies of all invoices or receipts for materials delivered to the site and  incorporated in to the work for which a partial release is being requested.    b. The partial release request shall be reviewed for completeness and accuracy by  City Manager and/or City Engineer. The City may deny the request or adjust the  amount of the request if inspection shows that items of work have not been  completed in accordance with the Construction Plans, or if completed quantities  are not accurate.    c. Upon receipt of written verification from the City Engineer and/or City Manager  as to the approved partial release of a cash Financial Assurance, the City  Treasurer shall promptly refund the cash Financial Assurance in the amounts  approved. Non‐cash Financial Assurances shall be released in writing in the  manner otherwise determined by the City.    11. Final Release of Financial Assurance. Upon completion of all Required Improvements in  accordance with the approved Construction Plans, Subdivider may request that the  remainder of the Financial Assurance be released, provided that Subdivider delivers  executed mechanic lien waivers/releases from all contractors who performed work on  the project and all suppliers who supplied materials that were incorporated into the  work, together with a written certification by Subdivider that all outstanding charges for  the Required Improvements have been paid and that there are no other liens,  encumbrances, or other restrictions affecting the improvements. Final release of the  Financial Assurance shall be reviewed and processed in the same manner as provided  under Section 10, above.    12. Use of Financial Assurance upon Default. Upon delivery of written notice to the  Subdivider and expiration of any cure period, the City may then elect to draw upon the  Page 107 of 130   Financial Assurance as it deems necessary for the completion of improvements or cure of  any default under this Agreement.    13. Zoning Compliance. Certificates of Occupancy for structures within the Property shall  only be issued upon satisfactory completion and acceptance of all Required  Improvements as provided in this Agreement.    14. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and  any violation is grounds for declaration of Default. Prior to invoking any remedies for  Default under this Agreement the City shall deliver written notice to the Subdivider  describing the act, event, or omission constituting a default, and allowing Subdivider a  period of thirty (30) days in which to cure or abate the violation. Cure within that period  reinstates this Agreement.    a. Upon declaration of default the City may exercise any remedies for violation  available under City ordinances or Utah statutes, including, without limitation: i)  proceeding against the Financial Assurance; ii). Withholding building permits,  certificates of occupancy, or certificates of zoning compliance; iii) obtaining an  injunction to halt or abate zoning violations or breaches of this Agreement; iv)  recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing  an action for damages—including damages for costs incurred in completing,  repairing, or replacing Required Improvements or abating any violations; and/or  vi) any other remedies available at law or equity, including the remedy of specific  performance. The City may combine remedies in its discretion and pursue some  or all at different times, as may fit the applicable breach.    b. The recording of an affidavit of lapse of plat/plan by the City shall result in the  lapse of all prior land use approvals and the voiding of the subdivision of lots  within the real property specified in the affidavit.    15. General Provisions. This Agreement shall be binding on and inure to the benefit of the  successors and assigns of the Subdivider in the ownership or development of all or any  portion of the Property. Assignment of this Agreement shall require the mutual approval  of the City and the proposed assignee, in writing.    a. This Agreement is the product of mutual bargaining. All terms shall be construed  in accordance with their plain meaning, regardless of the extent to which either  party participated in the drafting.    b. Failure of a party to exercise any right under this Agreement shall not be deemed  a waiver of any such right, nor shall any course of dealing or previous action or  inaction be deemed a waiver of any rights or claims arising with respect to later  or subsequent breaches, acts or omissions.    Page 108 of 130   c. The term “Agreement” includes this Improvements Agreement, all exhibits  hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all  related design drawings, which documents shall constitute the sole and complete  Agreement between the parties. The Agreement shall supersede all prior  Agreements or representations, however evidenced. No modification to any of  the terms of this Agreement shall be binding, unless reduced to writing and  lawfully executed by both parties.    d. The place of performance of this Agreement is Grand County, Utah. In the event  of any legal dispute concerning the subjects of this Agreement, the parties agree  that the exclusive venue shall be the Seventh Judicial District Court, Grand  County, Utah. In any such proceedings arising under this Agreement, regardless  of the denomination of the legal claims, the parties waive trial to a jury on all  claims and agree that the action shall be decided by the court sitting without a  jury.    e. In any legal proceeding arising from this Agreement the substantially prevailing  party shall be entitled to recover its reasonable attorney fees and court costs in  addition to any other relief authorized herein.    f. This Agreement shall be governed by Utah law.    g. This Agreement does not create any third party beneficiary rights. It is  specifically understood by the parties that;  i. the Project is a private development;  ii. the City of Moab has no interest in, responsibilities for, or duty to third  parties concerning any improvements to the Property, unless/until the  City accepts dedication of public improvements pursuant to this  Agreement; and  iii. except as otherwise provided herein, Subdivider shall have full power and  exclusive control of the Property.    h. The provisions of this Agreement are severable, and if any portion should be  held to be invalid or unenforceable, then the remainder of this Agreement shall  be construed to be in full force without reference to the invalid provision.    i. In the event of any legal dispute arising from this Agreement neither party shall  be liable to the other for consequential damages, lost profits, or delay related  damages of any kind.    j. All notices under this Agreement shall be given in writing by first class or  certified mail, postage prepaid, or by hand delivery or delivery by a reputable  courier, and sent to the following addresses:     Page 109 of 130     To the City of Moab:   City of Moab  217 East Center Street   Moab, Utah 84532   Attn:  City Manager    To Subdivider:   Dennis E. & Patricia Byrd  850 Byrd Ave.  Moab, UT 84532    k. Notice may be delivered to such other parties or addresses as the parties may  designate in writing from time to time. A notice sent by mail shall be deemed  delivered no later than three (3) days from the date that it is mailed.    l. Nothing in this Agreement shall be deemed to waive any governmental or  other immunity to which the City is entitled under law.    16. Indemnity. Subdivider shall indemnify and hold the City harmless with respect to any third  party claims, including claims for property damage, injury, or death, and any demands,  liabilities, causes of action, costs, or damages, including reasonable attorney’s fees, that  may arise from any act or omission of the Subdivider, its members, managers, employees,  agents, or contractors in connection with the development of the Subdivision and/or the  performance of this Agreement.    17. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit  the future legislative power or zoning authority of the City.    18. Grading. All grading and soil disturbance undertaken in the development of the  Subdivision shall be performed in conformity with Appendix J of the International Building  Code (IBC) as adopted by the City.    19. Effective Date. The effective date of this Agreement is the date when it is signed by all  Parties and the Council has approved the final plan of the Subdivision.    20. Recording/Release of Agreement. This Agreement constitutes an obligation binding upon,  and running with, the subject real Property. This Agreement shall be recorded in the  Grand County land records. Upon request of the Subdivider and verification by the City  that all terms and conditions of this Agreement have been performed in full, the City shall  promptly execute a release of this Agreement, which may be recorded at the discretion  of the Subdivider.      Page 110 of 130     21. Counterparts. This Agreement may be executed in separate original counterparts which,  when combined, shall constitute the entire Agreement.    Exhibits:  1. Construction Plans;  2. Final Plat, Phase 3;  3. Request for Partial/Final Release of Financial Assurance.  Page 111 of 130 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting  by and through the Moab City Council, which has duly authorized execution, and by Subdivider  as of the date(s) specified below.  CITY OF MOAB:  Mayor Emily S. Niehaus Date   ATTEST:  Rachel Stenta Date  City Recorder  SUBDIVIDER:  Dennis E. & Patricia Byrd  Dennis E. Byrd Date  Patricia Byrd Date  STATE OF UTAH )  )ss.  COUNTY OF GRAND )  The foregoing agreement was executed before me by Dennis E. Byrd and Patricia Byrd, this  ____________day of____________  , 2019.  Witness my hand and official seal. My  commission expires:                          .  Notary Public, State of Utah  Address:    Page 112 of 130 STATE OF UTAH )  )ss.  COUNTY OF GRAND )  The foregoing agreement was executed before me by the CITY OF MOAB by and  through Emily S. Niehaus, this  day of  , 2019.  Witness my hand and official  seal.  My commission expires:  .  Notary Public, State of Utah  Address:    ‐End of Document‐       Page 113 of 130 Date:November 2, 2018 Project Name:The Preserve Phase #:Phase 3 Developer/Owner:Dennis & Patricia Byrd Category Sub-category Item # Line item description Unit Unit Price Plan quantity Item Cost Site work Earthwork 1 Cut & fill to design grades CY $5.25 1864 $9,786.00 2 Install 8" water main LF $43.00 647 $27,821.00 3 Install 8" line valves EA $1,750.00 2 $3,500.00 4 Install 6" line valve EA $1,250.00 1 $1,250.00 5 Install fire hydrant EA $5,500.00 1 $5,500.00 6 Install temp air pressure/vac relief EA $750.00 1 $750.00 7 Install 3/4" residential svc connections EA $1,250.00 17 $21,250.00 8 Install 8" sewer main LF $37.50 593 $22,237.50 9 Install 48" sewer manhole EA $3,500.00 2 $7,000.00 10 Install 4" residential sewer svc line EA $500.00 17 $8,500.00 13 Install 30" modified curb & gutter per City spec LF $25.50 1216 $31,008.00 14 Install 6" thick concrete sidewalk per City spec LF $42.50 597 $25,372.50 15 Construct asphalt pavement section per City spec SF $3.50 15966 $55,881.00 Lights 16 Street lights per construction plan spec EA $1,250.00 1 $1,250.00 Signs 17 Traffic and street signs per construction plan spec EA $250.00 4 $1,000.00 Total Estimated Cost $222,106.00 Plus Required 50% contingency $111,053.00 Total of Financial Guaranty $333,159.00 Notes: The project quantities were prepared by SET Engineering based on the approved final plans. The unit prices were provided by the owner through a competitive bid process and adjusted by SET Engineering using available unit cost data. REQUIRED IMPROVEMENTS SUBDIVISION IMPROVEMENTS COST WORKSHEET WaterUtilities Street Sewer Surfacing 11/6/2018 EXHIBIT 1 Page 114 of 130 THE PRESERVE - PHASE 3 MOAB, UTAH 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C000THE PRESERVE - PHASE 3COVER SHEETMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION ENGINEERING LLC E EXHIBIT 1 Page 115 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C100THE PRESERVE - PHASE 3SITE, GRADING, AND DRAINAGEPLANMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION GRAPHICAL SCALE (FT) 0 2010 ENGINEERING LLC E Page 116 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C200THE PRESERVE - PHASE 3WATER AND SEWER PLANSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION GRAPHICAL SCALE (FT) 0 2010 ENGINEERING LLC E Page 117 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C300THE PRESERVE - PHASE 3STREET PLAN AND PROFILEMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION GRAPHICAL SCALE (FT) 0 3015 ENGINEERING LLC E Page 118 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C301THE PRESERVE - PHASE 3INTERSECTION DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION GRAPHICAL SCALE (FT) 0 5 ENGINEERING LLC E 2.5 Page 119 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C400THE PRESERVE - PHASE 3DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION ENGINEERING LLC E Page 120 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C401THE PRESERVE - PHASE 3DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION ENGINEERING LLC E Page 121 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C402THE PRESERVE - PHASE 3DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: XX# DATE DESCRIPTION GRAPHICAL SCALE (FT) 0 5025 ENGINEERING LLC E Page 122 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C403THE PRESERVE - PHASE 3DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION ENGINEERING LLC E Page 123 of 130 150 Rock Point Drive Suite F Durango, CO 81301 970-403-5088Revisions:PLAN NO. C404THE PRESERVE - PHASE 3DETAILSMOAB, UTProject: Date: 08/02/18 Drawn By: AR Checked By: JP# DATE DESCRIPTION ENGINEERING LLC E Page 124 of 130 EXHIBIT 2Page 125 of 130   EXHIBIT 3    REQUEST FOR RELEASE OF FINANCIAL  ASSURANCE  The Preserve Subdivision, Phase 3, City of Moab  Dennis E. & Patricia Byrd (Developer) hereby requests a partial release of the Financial  Assurance posted in connection with the Subdivision Improvements and Development Agreement  (Agreement), dated                                    , as follows.  1. Developer has completed the following improvements, which are completed in a  workmanlike manner and in conformity with the Agreement:        Copies of all inspection reports documenting completion and acceptance of the improvements must  be attached, together with invoices for materials delivered to the site and incorporated into the  improvements.    2. Developer requests release of the Financial Assurance in the amount of $ _______________.  This is a partial  final  release request. (Check as applicable).        Dennis E. Byrd  Date       Patricia Byrd  Date    DECISION BY CITY ENGINEER    The City of Moab has reviewed the Request for Partial Release and inspected the work. The  City hereby authorizes the release of the Financial Assurance in the amount of $  .    By the City of Moab this  day of  , 20__.        Chuck Williams, City Engineer    Attest:        Rachel Stenta, Recorder Date  Page 126 of 130 ± Phase IPhase II Phase III Byrd Ave.Palisade Ave.Colorado Ave. Preserve Subdivision 1 inch = 100 feet 0 100 200 30050Feet Gala Ave.Page 127 of 130 ± Phase IPhase II Phase III Byrd Ave.Palisade Ave.Preserve Subdivision 1 inch = 50 feet 0 50 100 15025Feet Alger Alger Alger Page 128 of 130 ± Phase IPhase II Phase III Byrd Ave.Palisade Ave.Preserve Subdivision 1 inch = 50 feet 0 50 100 15025Feet Alger Alger Alger Page 129 of 130 Moab City Council Agenda Item Meeting Date: January 22, 2019 Title: Proposal to re-appoint Mike Duncan to the Water Conservation and Drought Management Advisory Board Disposition: Discussion and possible action Staff Presenter: Eve Tallman Attachment(s): None Recommended Motion: “I move to confirm the reappointment of Mike Duncan as a member of the Water Conservation and Drought Management Advisory Board for a renewable term commencing immediately and expiring December 31, 2021, in accordance with the bylaws of the Water Conservation Board.” Background/Summary: In a unanimous vote at their regularly-scheduled meeting of January 9 and in keeping with their bylaws, the Water Conservation and Drought Management Advisory Board nominated City resident Mike Duncan for the Mayor’s consideration to present to the Council for reappointment to the Board for a two year term commencing immediately and expiring December 31, 2021. Board Chair Arne Hultquist commented that Mr. Duncan is prepared for meetings, informed on pertinent water-related topics and responsive to communications regarding Water Board activities. Page 130 of 130