HomeMy Public PortalAboutPKT-CC-2019-02-12
Moab City
Council
February 12,
2019
Pre-Council Workshop
None
REGULAR COUNCIL
MEETING
7:00 P.M.
Moab City Council Chambers
City Center
(217 East Center Street)
Page 1 of 194
FEBRUARY 12, 2019
REGULAR COUNCIL MEETING 7:00 P.M.
City Council Chambers
217 East Center Street
Moab, Utah 84532
Call to Order and Pledge of Allegiance
Approval of Minutes
Approval of Regular Council Meeting Minutes -January 22, 2019
2019 -01 -22 mcc minutes draft.pdf
Mayor and Council Reports
Administrative Reports
Presentations
Mayor ’s Student of the Month Awards for Helen M. Knight Elementary School and
the Moab Charter School for January 2019
Presentation by Faith -Based Coalition
Citizens to Be Heard
Special Events
Old Business
Resolution 07 -2019 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 07 -2019 - waste hauling
franchise agreement.pdf
memo - followup on waste hauling franchise agreement - feb
12.pdf
resolution 07 -2019 - authorizing city manager to sign solid
waste franchise agreement.pdf
draft solid waste franchise agreement - v2 -8 legislative
version.pdf
january 16 memorandum to council re waste hauling
agreement.pdf
draft solid waste franchise agreement - v2 -8 clean version.pdf
Update on Walnut Lane Housing Initiative
agenda summary sheet - walnut lane update.pdf
New Business
Confirmation of reappointment of Kya Marienfeld to the Moab City Planning and
Zoning Commission
agenda summary sheet - marienfeld reappointment to planning
commission.pdf
Proposed Resolution #13 -2019 - Confirming the Appointment of Sommar
Johnson as the City Recorder
Discussion and Possible Action
agenda summary sheet city recorder.pdf
13 -2019 city recorder appointment.pdf
job description - city recorder 01 -18 -2019.pdf
Ordinance 2019 -06 Enacting a Temporary Land Use Regulation Prohibiting, for a
Period of 180 Days, the Development of New Nightly Rental Uses, Including
Hotels/Motels, Bed and Breakfasts, and Other Overnight Accommodations
Pending Completion of Revisions to City Ordinances in Zoning Districts where
Nightly Rentals are Allowed
agenda summary sheet - ordinance 2019 -06 - nightly rental
moratorium.pdf
memo regarding ordinance 2019 -06.pdf
nightly rentals moratorium ordinance v2 -8.pdf
Proposed Resolution 12 -2019 - Approving a Boundary Line Adjustment for Lots
1 and 2 of the Secret Cove Subdivision
Discussion and possible approval
lots 1 and 2 secret cove court boundary line adjustment agenda
summary.pdf
resolution 12 -2019 lots 1 and 2 secret cove court boundary line
adjustment.pdf
secret cove subdivision lots 1 and 2 amended.pdf
Proposed Settlement Agreement between the City of Moab and Roger Knight
Construction, Inc.
memo regarding settlement agreement.pdf
rkc settlement agreement.pdf
agenda summary sheet - rkc settlement agreement.pdf
Discussion Regarding North US -191 Street Lighting Evaluation and
Recommendations
agenda summary for the north us -191 street lighting
recommendations.pdf
report regarding north us -191 street lighting
recommendations.pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
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
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FEBRUARY 12, 2019REGULAR COUNCIL MEETING 7:00 P.M.City Council Chambers217 East Center StreetMoab, Utah 84532Call to Order and Pledge of AllegianceApproval of MinutesApproval of Regular Council Meeting Minutes -January 22, 20192019-01 -22 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsPresentationsMayor’s Student of the Month Awards for Helen M. Knight Elementary School and the Moab Charter School for January 2019Presentation by Faith -Based CoalitionCitizens to Be HeardSpecial EventsOld BusinessResolution 07 -2019 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 07 -2019 - waste hauling franchise agreement.pdf
memo - followup on waste hauling franchise agreement - feb
12.pdf
resolution 07 -2019 - authorizing city manager to sign solid
waste franchise agreement.pdf
draft solid waste franchise agreement - v2 -8 legislative
version.pdf
january 16 memorandum to council re waste hauling
agreement.pdf
draft solid waste franchise agreement - v2 -8 clean version.pdf
Update on Walnut Lane Housing Initiative
agenda summary sheet - walnut lane update.pdf
New Business
Confirmation of reappointment of Kya Marienfeld to the Moab City Planning and
Zoning Commission
agenda summary sheet - marienfeld reappointment to planning
commission.pdf
Proposed Resolution #13 -2019 - Confirming the Appointment of Sommar
Johnson as the City Recorder
Discussion and Possible Action
agenda summary sheet city recorder.pdf
13 -2019 city recorder appointment.pdf
job description - city recorder 01 -18 -2019.pdf
Ordinance 2019 -06 Enacting a Temporary Land Use Regulation Prohibiting, for a
Period of 180 Days, the Development of New Nightly Rental Uses, Including
Hotels/Motels, Bed and Breakfasts, and Other Overnight Accommodations
Pending Completion of Revisions to City Ordinances in Zoning Districts where
Nightly Rentals are Allowed
agenda summary sheet - ordinance 2019 -06 - nightly rental
moratorium.pdf
memo regarding ordinance 2019 -06.pdf
nightly rentals moratorium ordinance v2 -8.pdf
Proposed Resolution 12 -2019 - Approving a Boundary Line Adjustment for Lots
1 and 2 of the Secret Cove Subdivision
Discussion and possible approval
lots 1 and 2 secret cove court boundary line adjustment agenda
summary.pdf
resolution 12 -2019 lots 1 and 2 secret cove court boundary line
adjustment.pdf
secret cove subdivision lots 1 and 2 amended.pdf
Proposed Settlement Agreement between the City of Moab and Roger Knight
Construction, Inc.
memo regarding settlement agreement.pdf
rkc settlement agreement.pdf
agenda summary sheet - rkc settlement agreement.pdf
Discussion Regarding North US -191 Street Lighting Evaluation and
Recommendations
agenda summary for the north us -191 street lighting
recommendations.pdf
report regarding north us -191 street lighting
recommendations.pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
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
1.2.2.1.Documents:3.4.5.5.1.5.2.6.7.8.8.1.Documents:
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FEBRUARY 12, 2019REGULAR COUNCIL MEETING 7:00 P.M.City Council Chambers217 East Center StreetMoab, Utah 84532Call to Order and Pledge of AllegianceApproval of MinutesApproval of Regular Council Meeting Minutes -January 22, 20192019-01 -22 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsPresentationsMayor’s Student of the Month Awards for Helen M. Knight Elementary School and the Moab Charter School for January 2019Presentation by Faith -Based CoalitionCitizens to Be HeardSpecial EventsOld BusinessResolution 07 -2019 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 07 -2019 - waste hauling franchise agreement.pdfmemo - followup on waste hauling franchise agreement - feb 12.pdfresolution 07 -2019 - authorizing city manager to sign solidwaste franchise agreement.pdfdraft solid waste franchise agreement - v2 -8 legislativeversion.pdfjanuary 16 memorandum to council re waste haulingagreement.pdfdraft solid waste franchise agreement - v2 -8 clean version.pdfUpdate on Walnut Lane Housing Initiativeagenda summary sheet - walnut lane update.pdfNew BusinessConfirmation of reappointment of Kya Marienfeld to the Moab City Planning and Zoning Commission agenda summary sheet - marienfeld reappointment to planning commission.pdfProposed Resolution #13 -2019 - Confirming the Appointment of Sommar Johnson as the City RecorderDiscussion and Possible Action agenda summary sheet city recorder.pdf13-2019 city recorder appointment.pdfjob description - city recorder 01 -18 -2019.pdfOrdinance 2019 -06 Enacting a Temporary Land Use Regulation Prohibiting, for a Period of 180 Days, the Development of New Nightly Rental Uses, Including Hotels/Motels, Bed and Breakfasts, and Other Overnight Accommodations Pending Completion of Revisions to City Ordinances in Zoning Districts where Nightly Rentals are Allowedagenda summary sheet - ordinance 2019 -06 - nightly rental moratorium.pdfmemo regarding ordinance 2019 -06.pdfnightly rentals moratorium ordinance v2 -8.pdfProposed Resolution 12 -2019 - Approving a Boundary Line Adjustment for Lots 1 and 2 of the Secret Cove SubdivisionDiscussion and possible approval lots 1 and 2 secret cove court boundary line adjustment agenda summary.pdfresolution 12 -2019 lots 1 and 2 secret cove court boundary line adjustment.pdfsecret cove subdivision lots 1 and 2 amended.pdfProposed Settlement Agreement between the City of Moab and Roger Knight Construction, Inc.
memo regarding settlement agreement.pdf
rkc settlement agreement.pdf
agenda summary sheet - rkc settlement agreement.pdf
Discussion Regarding North US -191 Street Lighting Evaluation and
Recommendations
agenda summary for the north us -191 street lighting
recommendations.pdf
report regarding north us -191 street lighting
recommendations.pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
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
1.2.2.1.Documents:3.4.5.5.1.5.2.6.7.8.8.1.Documents:8.2.Documents:9.9.1.Documents:9.2.Documents:9.3.Documents:9.4.Documents:9.5.
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Page 1 of 5
January 22, 2019
MOAB CITY COUNCIL MINUTES--DRAFT
JOINT PLANNING COMMISSION-CITY COUNCIL WORKSHOP
AND REGULAR CITY COUNCIL MEETING
JANUARY 22, 2019
Call to Order and Attendance:
The Moab City Council held a Special Joint Planning Commission workshop prior to 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://youtu.be/fRWobL-5ccY. Mayor Emily Niehaus called the
meeting to order at 5:00 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, Assistant City Manager Joel Linares, City Attorney Chris
McAnany, Finance Director Rachel Stenta, Sustainability Director Rosemarie Russo, Police
Chief Jim Winder, Administrative Assistant Kyla Lewis, Building Official Barry Ellison,
Development Services Manager Sommar Johnson, Communications and Engagement Manager
Lisa Church, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Assistant City
Engineer Mark Jolissaint, Water Reclamation Facility Superintendent Greg Fosse and
Recorder/Project Specialist Eve Tallman. Planning Commission members in attendance were
Allison Brown, Kya Marienfield, Marianne Becnel and Jeanette Kopell.
Workshop: Joint City Planning Commission and City Council Discussion with the
State Property Rights Ombudsman's Office:
Brent Bateman represented the Utah Property Rights Ombudsman’s Office and answered
questions on a variety of topics, including allowable restrictions on sexually-oriented businesses
within City limits, assured housing, water shortages, the possibility of a moratorium or ban on
new overnight lodging, impact fees, state legislative limitations on local control, local legislative
power regarding zoning and property rights, pending ordinances and vesting.
Citizen Bob Greenberg brought up a proposed zone change in his neighborhood. Mayor Niehaus
suggested this is an example of a use for the Planned Affordable Development. Bateman pointed
out this entails a zone change. Councilmember Duncan brought up overlay zones. Development
agreements were discussed. Senate Bill 34 was mentioned, along with density and zoning and
eminent domain.
Regular Meeting: (1:58 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge
of Allegiance. Forty-six members of the public and media were present.
Approval of Minutes:
Councilmember Derasary moved to approve the minutes of the January 8, 2019 meeting 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.
Mayor and Council Reports: Mayor Niehaus corrected an earlier statement she had made
regarding improved efficiency at the new Water Reclamation Facility. She said the new plant
uses 27,500 gallons of water per month. She stated she attended a Chamber luncheon as well as
meetings where regional air service and Mill Creek visioning were discussed. She discussed with
Council the date of the Council Retreat, which was determined to be February 9. She mentioned
Local Officials Day, which she planned to attend with Councilmember Knuteson-Boyd.
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Page 2 of 5
January 22, 2019
Councilmember Derasary reported a 100 West business owner praised the smoothness of the
operations during road construction. She mentioned the Moab Area Partnership for Seniors
(MAPS) planned a groundbreaking in the Spring. She mentioned possible support from the
Council for the Congressional Energy Innovation and Carbon Dividend Act. She also asked
whether the Council should contact Federal Representatives as a group with regard to ending
the Federal Government shutdown.
Councilmember Duncan reported that he attended the legislative rally of the Rural Water
Association of Utah and he mentioned some potential legislation that could affect local water
resources. He brought up the prospect of the City hiring a water rights attorney and City
Manager Everitt confirmed he had engaged the firm of Smith Hartvigsen.
Councilmember Knuteson-Boyd stated she had attended the Museum Board retreat and noted
there is a need for long-time Moab residents to serve on the Board. She also mentioned an
upcoming Housing Authority meeting in Salt Lake City.
Councilmember Guzman-Newton reported on work on the non-motorized trails master plan
and mentioned the Chamber luncheon where members asked about the City’s plans for
completion of the 100 West construction, the location of the planned parking structure, and the
north Highway 191 corridor construction. Guzman-Newton also noted the recently-passed
Grand County high-density housing overlay and reported on upcoming parent-teacher
conferences at the school district and a planned Youth Voices Speak Out event February 5. She
talked about planned character education regarding bullying and the impacts of personal
electronics, and concluded with a mention of the Mill Creek visioning session.
Councilmember Jones reported the Solid Waste District had adopted its budget and mentioned
that Transient Room Tax (TRT) funds could possibly be spent on a composting program. He
reported on the Housing Task Force and the Outdoor Lighting Code with the County.
Administrative Report: City Manager Everitt reported on the resurfacing of the Sun Court
which would allow for Pickle Ball and roller derby. He mentioned his attendance at the Colorado
Association of Ski Towns (CAST) meeting, where there was discussion of e-bikes, paved trail
systems, and emergency management between jurisdictions. He also reiterated the hiring of a
water rights attorney. He stated there is an upcoming opportunity to comment on street lighting
on the north Highway 191 corridor and mentioned improvements to the agenda preparation
process for the City Council. Discussion ensued with Council regarding the potential revisions to
the Planning Department organizational structure. Councilmember Jones brought up the
potential for coordination with the County planning department with an eye toward service
efficiency. Mayor Niehaus stated her excitement about hiring a Planner and Assistant Planner.
Councilmember Duncan brought up the potential for sharing responsibilities with the County.
Councilmember Jones acknowledged the need to fill the open positions as soon as possible.
Councilmember Derasary asked about the revised organizational structure of the Recreation
department and it was explained that Assistant City Manager Linares now oversees the Moab
Arts and Recreation Center (MARC), the Moab Recreation and Aquatic Center (MRAC) and the
Recreation staff. Derasary asked about a grant-writing role. Councilmember Duncan asked
audience member Mary McGann of the Grand County Council to speak about a closer working
relationship with the City. She mentioned an efficiency study with an aim of ending duplication.
Citizens to be Heard: Sara Melnicoff spoke about recycling and requested Council to put off
deciding on the Waste Hauling contract. She suggested a study and noted improvements at the
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Page 3 of 5
January 22, 2019
local recycling center. She stated citizens will be angry if required to recycle with potentially
violent reactions. She suggested the Council should take a few extra weeks.
Presentations:
Martin Luther King Jr. Day:
Mayor Niehaus proclaimed Monday, January 21, 2019 as Martin Luther King Jr. Day.
Students of the Month:(2:43 on recording)
Mayor Niehaus presented the Mayor’s Students of the Month Awards for the Grand County
Middle School for January 2019 to eighth grade student Ethan Thompson and seventh grade
student Sam Camey.
Old Business:
2019 Community Development Block Grant (CDBG) Application—Approved
Discussion: Assistant City Engineer Jolissaint presented the project proposal, which involves
construction of an enclosed vertical wheelchair lift for the purpose of providing ADA compliant
access to facilities at the Center Street Gym. He specified these facilities include the courts on
the upper floor, as well as the two downstairs restrooms, two locker rooms, and offices.
Additionally, he noted the project will provide the Center Street Gym and the Moab Arts and
Recreation Center with ADA compliant, tactile signage with braille.
Motion and Vote: Councilmember Jones moved to approve staff preparation of 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. Councilmember Knuteson-Boyd seconded the motion. The motion carried
5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton
voting aye.
Solid Waste Franchise Agreement—Action Failed and Postponed
Discussion: City Manager Everitt, Sustainability Director Russo, County Councilmember
McGann and Monument Waste proprietor Dan Kirkpatrick answered questions regarding
Proposed Resolution 03-2019 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. Everitt pointed out there
has been no solicitation for solid waste hauling services since 1999. He mentioned the contract is
required by code and the goals of the agreement are to provide quality service, help to meet the
City’s sustainability goals, and provide value to citizens. He pointed out there was only one bid
and acknowledged the Council has ambitious sustainability goals. Highlights of the bid were
presented including mandatory recycling for residential customers employing a single-stream
methodology which means customers comingle all recyclables in one bin rather than sorting.
Councilmember Jones pointed out the proposal does not criminalize recyclables in the trash bin.
Commercial services were discussed including points about optional recycling service. The
greatly expanded list of what will be recycled was presented. Russo pointed out that 80 percent
of American cities utilize single-stream methods. Everitt stated the Request for Proposals
optioned single stream and the sole bidder prefers that approach. McGann acknowledged that
source-separated was cleaner yet supports single stream and wants an option for voluntary
source separation. Councilmember Guzman-Newton asked about the fate of the Recycling
Center. Everitt presented the proposed rate schedule. Due to the increased cost of tipping fees at
the landfill, it was requested to initiate the new commercial rates effective February 1.
Councilmember Derasary brought up mandatory recycling for commercial customers. Subsidies
for residents were discussed, along with construction waste recycling and cardboard.
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Page 4 of 5
January 22, 2019
Motions and Votes: Councilmember Jones moved to approve Resolution 03-2019
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. Councilmember Knuteson-Boyd seconded the motion. The
motion failed 2-3 with Councilmembers Jones and Knuteson-Boyd voting aye and
Councilmembers Duncan, Derasary and Guzman-Newton voting nay. Councilmember Duncan
moved to postpone a vote till the next regular City Council meeting. Councilmember Guzman-
Newton seconded the motion. The motion passed 3-2 aye with Councilmembers Duncan,
Derasary and Guzman-Newton voting aye and Councilmembers Jones and Knuteson-Boyd
voting nay.
New Business:(4:27 on recording)
Planning Commission Appointment—Approved
Motion and Vote: Councilmember Duncan moved to confirm the Mayoral Appointment of
Becky Wells to the Moab City Planning Commission for a term ending December 31, 2021.
Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
Preserve Subdivision—Approved
Motion and Vote: Councilmember Jones moved to approve 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. Councilmember Duncan seconded the
motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Water Board Appointment—Approved
Councilmember Duncan recused himself and left the Chambers.
Motion and Vote: Councilmember Jones moved to approve Reappointment of Mike Duncan
to the Water Conservation and Drought Management Advisory Board for a term commencing
immediately and expiring December 31, 2021. Councilmember Derasary seconded the motion.
The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and
Guzman-Newton voting aye.
Appointment of the 2019 Mayor Pro Tem—Approved
Motion and Vote: Councilmember Derasary moved to confirm the mayoral appointment of
Councilmember Knuteson-Boyd as Mayor Pro Tem for 2019. Councilmember Guzman-Newton
seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones,
Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
Appointment of Council Member to Review the City's Bills in 2019—Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to confirm the mayoral
appointment of Councilmember Jones as the Council member responsible for reviewing the
City’s bills in 2019. Councilmember Guzman-Newton seconded the motion. The motion carried
5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton
voting aye.
Community Organization Liaison and Board Assignments—Approved
Discussion: Mayor Niehaus guided a discussion of various Council and staff committee and
board assignments. A final slate was considered.
Motion and Vote: Councilmember Duncan moved to approve the Community Organization
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January 22, 2019
Liaison and Board Assignments. Councilmember Derasary seconded the motion. 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 $264,307.69. Councilmember Knuteson-Boyd
seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Executive Session:
Councilmember Jones moved to convene an executive closed session to Discuss the Purchase,
Exchange, or Lease of Real Property and to Discuss the Character, Professional Competence, or
Physical or Mental Health of an Individual or Individuals. Councilmember Guzman-Newton
seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus convened the
executive closed session at 10:04 PM. Councilmember Knuteson-Boyd moved to adjourn the
closed session. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Mayor Niehaus ended the executive closed session at 11:15 PM.
Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember
Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus adjourned
the meeting at 11:15 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
Page 9 of 194
Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Resolution 07-2019: 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
Attachment(s):
-February 8 Memorandum to City Council
-Revised Draft Franchise Agreement (legislative copy)
-Revised Draft Franchise Agreement (clean copy)
-January 16 Memorandum to City Council
Recommended Motions:
Option 1: I move to approve Resolution 07-2019 as written.
Option 2: I move to approve Resolution 07-2019 with the following changes to the
proposed Franchise Agreement: Add language that requires the implementation of
mandatory recycling service for commercial accounts by [fill in date].
Option 3: I move to approve Resolution 07-2019 with the following changes to the
proposed Franchise Agreement: Add language that allows for residential accounts to opt
out of recycling services [either during designated times of year or during one-time-only
period at start of new service]; [if desired] AND Specify that the service provider will
support the transition to either:
- An opt-out approach for commercial recycling service by [fill in date]; or
- Mandatory participation in the recycling service for all accounts by [fill in date].
Possible additional direction to staff:
1.Design an offset program to soften price increases to residential customers for
either:
a.Every residential account; or
b.Residential accounts that demonstrate hardship.
2.Develop a proposal to require actual recycling by residential and/or commercial
customers by establishing a warning and penalty regime for improper diversion.
3.Develop a proposal to require recycling construction materials above a certain
threshold (e.g., a construction square footage minimum).
4.Propose a code change to require clean cardboard recycling (commercial only or for
all accounts)
5.Update MCC Chapter 8.04- Solid Waste generally.
Page 10 of 194
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Background/Summary:
The City Council received a briefing and deliberated about proposed Resolution 03-2019
(now renumbered as Resolution 07-2019) during their regular meeting on January 22,
2019. The motion to approve the Resolution with changes was seconded, debated, and
failed on a 2-3 vote. A second motion to table the Resolution passed 3-2, with the
expectation that the Council would receive another briefing and may act at the next
regular meeting on February 12.
Council members have communicated a range of ideas about how to proceed. Please
review the attached Memorandum (dated February 8, 2019).
The staff Memorandum from January 16 is also included for your reference.
####
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1
Memorandum
February 8, 2019
To: Moab City Council
From: David Everitt
Re: Next Steps for the Proposed Solid Waste Hauling and Disposal Franchise Agreement
The City Council received a briefing and deliberated about proposed Resolution 03-2019
(now renumbered as Resolution 07-2019) during their regular meeting on January 22,
2019. The motion to approve the Resolution with changes was seconded, debated, and
failed on a 2-3 vote. A second motion to table the Resolution passed 3-2, with the
expectation that the Council would receive another briefing and may act at the next
regular meeting on February 12.
Some council members indicated a desire to spend more time educating the public
about the proposed agreement. The City website has a dedicated page containing
information about the proposal, the City published advertisements in the local papers
with details, and staff along with council members responded to various inquiries
received via social media, email, and in person.
Council members have communicated a range of ideas about how to proceed. This
memo consolidates those ideas and attempts to organize them for you to formulate a
motion at the February 12 meeting. The options listed below are followed by additional
direction to staff you may wish to provide, with sample motions written out on the last
page.
Additionally, Monument Waste proposed the following in response to the City’s
requests:
-A revised price schedule for commercial recycling service that increases the
incentive to recycle.
-An option for every-other-week trash service for residential customers at a
reduced rate.
Based on those responses and other suggestions, staff prepared a new version of the
proposed Franchise Agreement for your consideration that includes:
An every-other-week option for residential trash service with a lower residential
blended rate;
Lower commercial recycling rates reflecting what would have been the
“mandatory” rates as proposed by the Service Provider;
A requirement that the City Council review rates annually whether there is a rate
modification request or not;
Clarification that residential trash and recycling requirements apply to all long-
term residential dwellings (e.g., manufactured home parks, apartment
complexes, etc.); and
An earlier start date for implementing commercial rates.
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The following are options for your consideration.
Option 1: Establish mandatory recycling service for residential accounts,
with an opt-in approach for commercial accounts.
This was reflected in the originally proposed Agreement.
Option 2: Establish mandatory recycling service for residential accounts,
and mandatory recycling service for commercial after a date certain.
Given container size and frequency of service options available for commercial accounts,
many of the City’s commercial customers as well as Monument Waste need more time to
prepare for mandatory commercial recycling commercial service. Additional options:
a.Establish mandatory commercial recycling service by:
i.June 1, 2020;
ii.June 1, 2022; or
iii.At the term of expiration of this contract.
Option 3: Establish an opt-out option for residential recycling service and
an opt-in approach for commercial.
Additional options for consideration:
a.Limit residential opt-out timing to either:
i.Designated “enrollment periods” – 2x a year, in conjunction with when
residential customers can change bin sizes; or
ii.A one-time option when the new policy begins.
b.Transition by a date certain to either:
i.An opt-out approach for commercial; or
ii.Mandatory participation citywide.
Additional possible direction to staff:
1.Design an offset program to soften price increases to residential customers for
either:
a.Every residential account; or
b.Residential accounts that demonstrate hardship.
2.Propose a code change to require actual recycling by residential and/or
commercial customers – establish a warning and penalty regime for improper
diversion.
3.Propose code change to require recycling construction materials above a certain
threshold (e.g., a construction square footage minimum).
4.Propose a code change to require clean cardboard recycling (commercial only or
for all accounts)
5.Update MCC Chapter 8.04- Solid Waste generally.
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Sample Motions
For Option 1:
I move to approve Resolution 07-2019 as written.
For Option 2:
I move to approve Resolution 07-2019 with the following changes to the
proposed Franchise Agreement:
Add language that requires the implementation of mandatory recycling
service for commercial accounts by [fill in date].
For Option 3:
I move to approve Resolution 07-2019 with the following changes to the
proposed Franchise Agreement:
Add language that allows for residential accounts to opt out of recycling
services [either during designated times of year or during one-time-only
period at start of new service];
[if desired] AND
Specify that the service provider will support the transition to either:
- An opt-out approach for commercial recycling service by [fill in
date]; or
- Mandatory participation in the recycling service for all accounts by
[fill in date].
Options for additional direction to staff:
1.Design an offset program to soften price increases to residential customers for
either:
a.Every residential account; or
b.Residential accounts that demonstrate hardship.
2.Develop a proposal to require actual recycling by residential and/or commercial
customers by establishing a warning and penalty regime for improper diversion.
3.Develop a proposal to require recycling construction materials above a certain
threshold (e.g., a construction square footage minimum).
4.Propose a code change to require clean cardboard recycling (commercial only or for
all accounts)
5.Update MCC Chapter 8.04- Solid Waste generally.
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CITY OF MOAB RESOLUTION 07-2019
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 12th day of February, 2019.
By:___________________________________________
Emily S. Niehaus, Mayor Date
Attest:
By:___________________________________________
Rachel Stenta, Recorder Date
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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
2.1. Commercial ServiceResidential and Commercial Sercice
3.2. Municipal Facilities Service
4.3. Transfer Station Fees for City Departments
Attachment 3: Materials Approved for Recycling
Attachment 4: Audit and Reporting Protocols
Attachment 5: Insurance Requirements
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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.
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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.
Special rate review requests notwithstanding, the City Council shall review trash and recycling
service rates annually as part of its regular budgeting process.
4. Term. This Agreement shall commence March 1, 2019, June 1, 2019, and shall continue
in full force and effect until May 31, 2024, unless sooner terminated as herein provided (the
“Initial Term”). However, the residential rate changes incorporated herein shall not take effect
until June 1, 2019.
4. 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
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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.
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.
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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:
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
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(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,
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.
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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
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:
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By:____________________________ _______________________
Dan Kirkpatrick, Manager Date
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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
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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
requested by the City within 24 hours.
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• 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 either weekly or every-other-week 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.
Residential service requirements apply to all long-term residential dwellings, including
apartment complexes, trailer parks, manufactured home parks, and other multifamily
developments.
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
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recycling.
Rates for commercial customers are set forth in this Agreement (see Attachment 2).
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.
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Prior to beginning work under this Agreement, any Service Provider employees who will work
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.
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In addition, at least one on-site audit 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, 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.
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• 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.
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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 and commercial rates:
2. Residential service:
Residential rates include one trash bin and one recycling bin.
Single Household:
Trash
Bin Size:
Recycling
Bin Size:
:
95 gl 95 gl
65 gl 95 gl
• 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
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• 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
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34. Municipal facilities service rates:
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
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45. Transfer station drop-off rates for City Departments (not public rates):
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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
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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.
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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.
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1
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%.
1 Moab Municipal Code Chapter 8.04.0 20, “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 dra ft 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
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2
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 co mmercial
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 request ed 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.
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
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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 recy cling 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 recy cling containers to help with
education efforts regarding waste diversion.
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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.
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Attachment 1
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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
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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-
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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-
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Attachment 2
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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%.
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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
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Attachment 3
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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
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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 (A nnual 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 yearl y 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 Cit y 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 81 of 194
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 functio n.
● 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 Provid er’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.
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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 t hat 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 pick up 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 Service s.
● 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 reme dy 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
containers e.g., 96-gallon wheeled poly-carts with for recycling collection in breakroom areas.
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5
● 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
tents/bins for special events, etc.
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6
● 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 mutu ally 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 (15 th) of the month (for the
preceding month’s data). The Exceptions Report shall list, by department and location, any ex tra
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 loc ation.
● 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, fu el
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%).
9. Resource Management Services:
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7
● 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 re port 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 (administr ative,
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 t ipping 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 m ay be
subject to input as to customer satisfaction (i.e. residential and commercial
survey) and the contractor’s ability to increase diversion rates and lower carbon
impacts. The transition period between contracts will be approximately 4 -6
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8
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
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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
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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
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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 90 of 194
12
EXHIBIT C – MUNICIPAL SOLID WASTE COLLECTION
Municipal Solid Waste Bid Sheet
Facility
Name Location
Bin
Size # Bins
Collection
Frequency
Month
ly 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
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13
Municipal Recycling Proposed Service
Facili
ty
Name Location
Bin
Siz
e
#
Bin
s
Collectio
n
Frequen
cy
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
Millcree
k Blvd
96 2
Every
Other
Week
26
Swanny
City
Park
181 W
4th
North
96 10
Every
Other
Week
26
Downto
wn Hwy 191 20 14
Every
Other
Week
26
Lions
Park Hwy 191 96 2
Every
Other
Week
26
Totals
Page 92 of 194
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) d ays
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 gener al 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 Agreement
Page 93 of 194
15
(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 Agree ment 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 fo r 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 i ts possession or control or as to which it
otherwise has access.
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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
Page 95 of 194
17
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
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 96 of 194
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
Page 97 of 194
19
SECTION C - Cubic Yards of
Solid Waste Collected
Total Cubic Yards
Compacted (Residential)
Compacted (Commercial)
Roll-off Compacted MSW
Roll-off Loose MSW
Page 98 of 194
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 99 of 194
21
Page 100 of 194
Attachment 4
Page 101 of 194
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 102 of 194
�%O f f i c e P a p e r - W h i t e & C o l o r e d
�%T i n c a n s
�%A l u m i n u m b e v e r a g e c o n t a i n e r s
�%G l a s s b o t t l e s a n d j a r s - b e v e r a g e a n d f o o d c o n t a i n e r s
�%P l a s t i c b o t t l e s & t u b s ( # 1 a n d # 2 o n l y )
�%A s e p t i c C o n t a i n e r s ( m i l k , j u i c e , b r o t h , e t c . )
�%S t y r o f o a m " p a c k i n g b l o c k s " o n l y - N o p a c k i n g p e a n u t s , c u p s o r p l a t e s
�%H o t b e v e r a g e c u p s
R e c o m m e n d e d s e r v i c e l e v e l s :
1 . C o n t i n u e r e q u i r i n g r e s i d e n t i a l c u r b s i d e g a r b a g e p i c k u p o n c e a w e e k .
2 . R e q u i r e r e s i d e n t i a l c u r b s i d e r e c y c l i n g e v e r y t w o w e e k s . T h i s w i l l s i g n i f i c a n t l y
i m p r o v e l a n d f i l l d i v e r s i o n r a t e s a n d r e s u l t i n a l o w e r c o s t f o r r e c y c l i n g p i c k u p i n
t h e a g g r e g a t e .
3 . O f f e r t w o s i z e s o f c a r t s f o r b o t h r e c y c l i n g a n d g a r b a g e r e s i d e n t i a l s e r v i c e . D o i n g
s o a l l o w s h o u s e h o l d s t o s c a l e t h e i r s e r v i c e s p e c i f i c t o t h e i r u s e . H o w e v e r , t o a v o i d
o v e r l y c o m p l i c a t i n g t h e b i l l i n g a n d o p e r a t i o n a l i m p a c t s o f t h i s o p t i o n , s t a f f
r e c o m m e n d s t h a t h o u s e h o l d s b e l i m i t e d t o m a k i n g c h a n g e s f r o m o n e s i z e t o
a n o t h e r a t s e t t i m e s o f t h e y e a r . T h i s w o u l d n o t a f f e c t a d d i n g a d d i t i o n a l
c o n t a i n e r s a d h o c .
4 . C o n t i n u e t o r e q u i r e c o m m e r c i a l g a r b a g e p i c k u p w i t h v a r i o u s c o n t a i n e r s i z e s .
5 . C o n t i n u e t o o f f e r r e c y c l i n g p i c k u p w i t h v a r i o u s c o n t a i n e r s i z e s a v a i l a b l e .
6 . C o n s t r a i n c o m m e r c i a l p i c k u p o f g a r b a g e a n d / o r r e c y c l i n g t o a m a x i m u m o f t w i c e
a w e e k . T h i s w i l l c u t d o w n o n c o l l e c t i o n v e h i c l e t r i p s a n d i n c e n t i v i z e c o m m e r c i a l
c u s t o m e r s t o r i g h t - s i z e t h e i r c o n t a i n e r s .
C u r r e n t l y , a r e s i d e n t w i t h i n c i t y l i m i t s p a y a p p r o x i m a t e l y $ 1 7 f o r t r a s h ( 9 5 g a l l o n c a n )
a n d o p t i o n a l l y $ 1 2 f o r r e c y c l i n g ( 3 0 g a l l o n b i n ) f o r a m o n t h l y c o s t o f $ 2 9 . P r o p o s e d
r a t e s a r e a s f o l l o w s :
R e c o m m e n d e d R a t e s :
1 . R e s i d e n t i a l m a n d a t o r y c u r b s i d e r e c y c l i n g p i c k u p ( o n c e e v e r y t w o w e e k s ) :
�%$ 1 6 ( 6 5 - g a l l o n t r a s h ) a n d $ 1 0 ( 6 5 - g a l l o n r e c y c l i n g ) = $ 2 6 / m o n t h
�%$ 1 6 ( 6 5 - g a l l o n t r a s h ) a n d $ 1 2 ( 9 5 - g a l l o n r e c y c l i n g ) = $ 2 8 / m o n t h
�%$ 1 8 ( 9 5 - g a l l o n t r a s h ) a n d $ 1 0 ( 6 5 - g a l l o n r e c y c l i n g ) = $ 2 8 / m o n t h
�%$ 1 8 ( 9 5 - g a l l o n t r a s h ) a n d $ 1 2 ( 9 5 - g a l l o n r e c y c l i n g ) = $ 3 0 / m o n t h
2 . C o m m e r c i a l m a n d a t o r y g a r b a g e p i c k u p :
W e e k l y : T w i c e w e e k l y :
2 y d $ 6 4 $ 1 2 0
3 y d $ 7 9 $ 1 4 9
4 y d $ 9 4 $ 1 7 7
6 y d $ 1 2 4 $ 2 3 3
8 y d $ 1 5 4 $ 2 9 0
2 P a g e 1 0 3 o f 1 9 4
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 104 of 194
Attachment 5
Page 105 of 194
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 106 of 194
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 sha ll 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 107 of 194
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 a nd
effect until May 31, 2024, unless sooner terminated as herein provided (the “Initial Term”). In
addition, at the option of the City, the Agreement ma y 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.
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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 writte n 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 109 of 194
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) calenda r 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 perce nt
(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 110 of 194
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, result ing 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 111 of 194
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 112 of 194
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 113 of 194
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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 no t 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
requested by the City within 24 hours.
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• 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, hea t 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 makin g 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 115 of 194
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
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
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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 a t
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
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).
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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 Reve nue 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 facili ties.
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 tha t fifty percent (50%) of
the sums owing and deemed uncollectible shall be excluded from the Contract revenue.
• 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.
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• 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 typ e 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.
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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
• Occurrence fee: $25 for containers
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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
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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
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5. Transfer station drop-off rates for City Departments (not public rates):
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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
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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 audi ts
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.
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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 Agreeme nt 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.
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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 and Commercial Service
2.Municipal Facilities Service
3.Transfer Station Fees for City Departments
Attachment 3: Materials Approved for Recycling
Attachment 4: Audit and Reporting Protocols
Attachment 5: Insurance Requirements
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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.
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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.
Special rate review requests notwithstanding, the City Council shall review trash and recycling
service rates annually as part of its regular budgeting process.
4.Term. This Agreement shall commence March 1, 2019, and shall continue in full force
and effect until May 31, 2024, unless sooner terminated as herein provided (the “Initial Term”).
However, the residential rate changes incorporated herein shall not take effect until June 1, 2019.
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.
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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.
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
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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:
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)
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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,
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.
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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
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
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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
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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
requested by the City within 24 hours.
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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 either weekly or every-other-week 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.
Residential service requirements apply to all long-term residential dwellings, including
apartment complexes, trailer parks, manufactured home parks, and other multifamily
developments.
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
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recycling.
Rates for commercial customers are set forth in this Agreement (see Attachment 2).
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.
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Prior to beginning work under this Agreement, any Service Provider employees who will work
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.
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In addition, at least one on-site audit 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, 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.
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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.
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ATTACHMENT 2
RATES AND FEES
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 and commercial rates:
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3. Municipal facilities service rates:
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
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4. Transfer station drop-off rates for City Departments (not public rates):
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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
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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.
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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 146 of 194
Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Update on Walnut Lane Housing Initiative
Disposition: Discussion only
Staff Presenter: Tracy Dutson
Attachment(s):
Recommended Motions:
N/A
Background/Summary:
Tracy will facilitate a discussion about the status of the purchase, management, and
potential redevelopment of the Walnut Lane property that the City purchased in 2018.
####
Page 147 of 194
Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Confirmation of reappointment of Kya Marienfeld to the Moab City Planning and
Zoning Commission
Disposition: Discussion and possible action
Staff Presenter: N/A
Attachment(s):
Recommended Motions:
I move to confirm the reappointment of Kya Marienfeld to the Moab City Planning and
Zoning Commission for a full three-year term that ends December 31, 2021.
Background/Summary:
Kya is an excellent addition to the Planning and Zoning Commission and hopefully she’ll
never leave.
####
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1
Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Resolution #13-2019— A Resolution Confirming the Appointment of
Sommar Johnson, As the City Recorder; and Authorizing the City Manager to Execute
an Employment Agreement.
Presenter: Mayor Niehaus
Attachment(s):
●Proposed Resolution
●City Recorder Job Description
Suggested Motion: "I move to approve Resolution 13-2019, confirming the appointment of
Sommar Johnson, as the City Recorded; and authorizing the City Manager to execute an
Employment Agreement between the City of Moab and Sommar Johnson.”
Background/Summary:
Pursuant to the City of Moab Municipal Code, Section 2.12.010, et seq., the recorder is
appointed by the mayor, with the advice and consent of the city council. Utah Code Annotated
§10-3-916 states that each city of the third, fourth, or fifth class and in each town, the mayor,
with the advice and consent of the city council, shall appoint a qualified person to the office of
city recorder. The mayor and the city council shall use best efforts to ensure the office of city
recorder is not vacant. All appointed officers shall continue in the office until their successor is
appointed and qualified.
The term of employment is subject to the provisions of the contract agreed to by the recorder and
the City. The recorder is an at-will, exempt employee. Any person serving as recorder may be
removed with or without cause.
The powers, duties, and obligations of the recorder shall be enumerated in the position
description on file with the office of the City Recorder.
The proposed resolution memorializes the appointment and the City Council’s consent.
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CITY OF MOAB RESOLUTION NO. 13-2019
A RESOLUTION CONFIRMING THE APPOINTMENT OF
SOMMAR JOHNSON, AS THE CITY RECORDER; AND AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT
WHEREAS, the Mayor for the City of Moab is authorized, pursuant to the City of Moab
Municipal Code, 2.12.020, to appoint, with the advice and consent of the City Council, an
individual to serve as the City Recorder; and
WHEREAS, the Mayor seeks the advice and consent of the City Council concerning the
appointment; and
WHEREAS, the Mayor desires to appoint Sommar Johnson as the City Recorder for the
City of Moab; and authorize the Mayor to execute an Employment Agreement; and
WHEREAS, the City Council desires to consent to this appointment and approval of the
Employment Agreement.
THEREFORE, be it resolved that the City of Moab City Council hereby adopts this
Resolution and confirms the appointment of Sommar Johnson, as the City Recorder and
authorizes the Mayor to execute an Employment Agreement.
This Resolution shall take effect on March 12, 2019.
Passed and adopted by action of the Governing Body of the City of Moab in open session
on this 12th day of February, 2019.
SIGNED:ATTEST:
_________________________________________________
Emily S. Niehaus, Mayor City Recorder
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City of Moab
Job Description
Job Title: City Recorder Department: Recorder
Full-time. Exempt.Effective Date: 02/12/2019
General Purpose
The City Recorder is an essential member of the City of Moab’s executive administrative
team. This position manages staff and complex processes to ensure that the City’s records,
documents and information systems function at a high level. The City Recorder plays an
important role in ensuring that the City maintains a fiscally responsible position. The City
Recorder supervises the Recorder's Office staff and supports other departments.
Reporting Relationships
Supervision Received: The Recorder is appointed by the Mayor and confirmed by the City
Council. The City Manager supervises the Recorder.
Supervision Exercised: The Recorder provides general guidance and day-to-day direction
to the Recorder’s Office staff, including Deputy Recorders, Recorder Assistants, and
Information Technology staff and/or contractors.
Essential Functions
As the City’s Records Officer, this position:
●Acts as the custodian for all City records with the exception of public safety records;
●Establishes methods for and directs the recording and maintenance of all records,
minutes of all proceedings, contracts, documents, ordinances, resolutions and other
records of official City business;
●Ensures that all record retention and access practices comply with established state
and Federal law;
●Obtains annual Records Officer Certification as required by Utah State Code.
●Classifies and maintains all City records with the exception of public safety-related
records;
●Prepares and maintains the Moab City records classification schedule in
conformance with the state of Utah’s approved records and retention schedule;
●Trains department heads and employees on records management and retention;
●Processes all Government Records Access Management Act (GRAMA) requests in
accordance with municipal and state laws;
●Maintains City archives and is the custodian of all permanent city records, which
includes managing the storage, retention and destruction of city records;
●Maintains the City’s online digital archives;
●Ensures that all official documents are properly processed and recorded;
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2
●Establishes methods for and oversees codification of ordinances and resolutions;
●Establishes methods and directs the proper noticing and or publication of all
meetings and proceedings as required by state law;
●Oversees transcription of and preparation of the official record of the meetings of
the governing body and its boards and commissions;
●Coordinates and/or conducts annual open meetings act training for the governing
body;
●Attests to signatures on official documents and contracts;
●Serves as custodian of the City Seal; and
●Acts as notary public.
As the City’s Election Officer, this position:
●Directs municipal elections in accordance with state election laws;
●Coordinates and processes City elections by ordering supplies, selecting judges and
polling places, tabulating election results and auditing returns;
●Maintains security of election proceedings;
●Interprets state election code, coordinates with Grand County Clerk on voter
registration and Lt. Governor’s office on election administration;
●Provides and publishes election information to electorate in compliance with state
election laws; and
●Provides information and orientation to all candidates.
In coordination and close communication with the City Manager and the Finance Director,
the City Recorder performs essential fiscal management duties, including:
●Acting as the City’s Purchasing Agent, with responsibility for reviewing all city
expenditures prior to payment to ensure compliance with all applicable purchasing
policies and regulations, training departments on purchasing policies and
procedures, and updating procedures as needed;
●Administering public bidding processes;
●Establishing methods for maintaining fixed assets records;
●Correlating City inventory for record and insurance purposes; and
●Maintains check signature authority.
●Maintains and tracks all City contract documents and files.
As the supervisor of the City’s information technology service provider (“IT”), the
Recorder:
●Ensures that IT maintains and designs citywide information technology systems,
including telephone, data and computer networks (local and wide area);
●Oversees and approves purchase of all IT hardware and software;
●Provides direct supervision to all IT staff and/or contracted service providers;
●Establishes contracts and coordinates with IT vendors (ISP, third-party service
providers, SAAS, managed hosting, IT management consultants, telephone, cell
phone, etc.);
●Ensures compliance with all licensing and security requirements;
●Provides IT security updates to City Manager as needed;
●Oversees training of users on system requirements; and
●Arranges other IT training as applicable/requested.
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As a senior staff member with responsibilities across the City, this position also:
●Works with the City Manager and department directors to prepare for council
meetings, which includes preparing the City Council information packet in a
digitally accessible format, posting City Council information on city website and
ensure timely distribution to governing body, and preparing City Council meeting
information for the public;
●Processes and Certifies all annexation petitions in accordance with state annexation
laws and in consultation with the City Attorney; and
●Performs other duties as assigned.
Minimum Qualifications
Education and Experience:
a.Graduation from an accredited college with a Bachelor’s degree in business or public
administration or related field; and
b.Five (5) years of experience in business administration, public administration or
related field; or
c.An equivalent combination of education and experience.
Required Knowledge, Skills and Abilities
a.Considerable knowledge of the laws, ordinances and regulations governing city
financial matters; considerable knowledge of special local government issues and
operations; considerable knowledge of contracts, billings, accounting and office
procedures, and data structures, computer programs and usage;
b.Ability to establish and maintain a variety of records and ledgers; ability to use a
variety of office machines and equipment, including computers, operating systems
and software; ability to motivate, evaluate, assign work to and supervise subordinate
employees; ability to establish and maintain effective working relationships with
employees, other departments and the public.
c.Working knowledge of IT best practices, and any applicable requirements and
regulations specific to government data collection and control.
Special Qualifications (Licenses, Certifications, etc.)
a.International Institute of Municipal Clerks - Certified Municipal Clerk (CMC)
certification required - Master Municipal Clerk (MMC) certification preferred.
b.Annual Utah State Archives Records Officer certification required within six months
of employment.
c.State of Utah Notarial Commission
d.Upon employment, must possess a valid Utah driver's license.
Work Environment and Physical Demands
The City Recorder normally works in a safe, climate-controlled environment. Tasks may
entail muscular strain, including walking, standing, stooping, sitting, reaching and lifting.
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Talking, hearing and seeing are essential to performing job requirements. Common eye,
hand and finger dexterity is required for most essential functions.
While performing the duties of this job, the City Recorder will use written and oral
communication skills; read and interpret data, information and documents; analyze and
solve non-routine and complex problems; use math and mathematical reasoning; observe
and interpret situations; learn and apply new information or skills; perform highly detailed
work on multiple, concurrent tasks; work under intensive deadlines with frequent
interruptions; and interact with the City Council and Mayor, city staff, customers, the
public and others encountered in the course of work, some of whom may be dissatisfied or
abusive individuals.
Selection Guidelines
A formal application and résumé is required; finalists will interview with the appropriate
hiring authority as designated by the city council. Applicant must pass a pre-employment
drug test and background check, and upon employment, must possess a valid Utah driver's
license.
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Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Ordinance 2019-06 Enacting a Temporary Land Use Regulation Prohibiting, for a
Period of 180 Days, the Development of New Nightly Rental Uses, Including
Hotels/Motels, Bed and Breakfasts, and Other Overnight Accommodations Pending
Completion of Revisions to City Ordinances in Zoning Districts where Nightly Rentals
are Allowed
Disposition: Discussion and possible action
Staff Presenter: Chris McAnany
Attachment(s):
-Draft Ordinance 2019-06
-Memo regarding draft Ordinance 2019-06
Recommended Motions:
I move to adopt Ordinance 2019-06 Enacting a Temporary Land Use Regulation
Prohibiting, for a Period of 180 Days, the Development of New Nightly Rental Uses,
Including Hotels/Motels, Bed and Breakfasts, and Other Overnight Accommodations
Pending Completion of Revisions to City Ordinances in Zoning Districts where Nightly
Rentals are Allowed.
Background/Summary:
The City of Moab has experienced a surge in new nightly-rental-related development
over the past few years, and a number of new nightly rental developments are planned
within the City in the near future.
Currently, the City is engaged in future land use planning to: i) evaluate the right mix of
land uses in various zoning districts; ii) the zoning districts in which nightly rental uses
are appropriate; and iii) additional requirements, if any, for nightly rentals in zoning
districts where they are allowed. The creation of a Downtown Area Plan and related
ordinances are in process, and there is an urgent need to update the City’s existing land
use and development code in advance of future growth.
In conjunction with Grand County, in 2018 the City engaged BAE Urban Economics to
perform a Nexus Study to evaluate the impacts of nightly rentals. The Nexus Study
concluded that the development of new nightly rentals crowds out the development of
other business uses in the City, while simultaneously driving up demand for affordable
workforce housing. The City finds that a limited supply of land is available for
development, making future land use planning of critical importance. The increase in
the number of nightly rental developments in the downtown area of the City in
particular is forcing out other important land uses to the detriment of balanced
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community development. Existing land use requirements and market forces have not
facilitated the development of a balanced mix of business types, residential inventory,
and accommodations for visitors in the downtown core.
On February 5, 2019 Grand County enacted a similar temporary land use regulation
with respect to new nightly rentals in Grand County, based largely on the same concerns
as to the outsize impacts of lodging development on community character. The City
finds that there is a strong public interest in a coordinated City/County approach to the
issue.
The proposed ordinance would enact a temporary land use regulation prohibiting the
development or construction of new nightly rentals within the City limits. This
ordinance shall continue until repealed, but in no instance shall the term exceed one
hundred eighty (180) calendar days from the effective date, as stated below. No nightly
rental land-use applications shall be accepted by the City for the duration of this
ordinance.
Existing nightly rentals are excluded from this ordinance, as are a) projects that have
submitted a complete land use application to the City and paid all applicable fess as of
the effective date of this ordinance; b) projects that have obtained a building permit as
of the effective date of this ordinance; or c) nightly rental uses of existing dwellings
located in the C1 or C2 zoning districts where the use requires only the issuance of a
business license to the owner and no building permits are required under applicable
law.
####
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1
CITY OF MOAB ORDINANCE NO. 2019-06
AN ORDINANCE ENACTING A TEMPORARY LAND USE REGULATION
PROHIBITING, FOR A PERIOD OF 180 DAYS, THE DEVELOPMENT OF NEW NIGHTLY
RENTAL USES, INCLUDING HOTELS/MOTELS, BED AND BREAKFASTS, AND OTHER
OVERNIGHT ACCOMMODATIONS PENDING COMPLETION OF REVISIONS TO CITY
ORDINANCES IN ZONING DISTRICTS WHERE NIGHTLY RENTALS ARE ALLOWED
The following findings describe the reasons for this ordinance and explain its purpose:
a.The City possesses the authority, pursuant U.C.A. § 10-9a-504, to enact temporary land
use regulations governing the construction or alteration of any building and having a
duration of not to exceed six (6) months if it finds that there is a compelling
countervailing public interest that justifies the regulation.
b.The City’s General Plan includes the goal of “[p]romot[ing] a vibrant local economy that
supports the unique quality of life and character of Moab” along with the following
policies and action steps:
Policy: Facilitate the growth of local businesses and industries in a context
appropriate to Moab.
Action steps: Develop and enforce land use and design standards for
commercial development; [and] Encourage business development that
complements the existing economy and business offerings.
Policy: Continue to promote Downtown Moab as a primary commercial core of
the community for residents and visitors.
Action steps: Develop a Downtown Plan to define a central business
district and expand and enhance pedestrian, cultural, service (eating, etc.)
and shopping opportunities, manage vehicular through traffic in balance
with other downtown values, improve wayfinding, and parking plan; [and]
Modify zoning code to promote a quantity and distribution of downtown
street-level retail that supports the pedestrian experience, and a balance
between lodging, restaurants, retail, and other business types.
Policy: Identify and explore new economic development opportunities with the
goals of increasing community economic stability, increasing the proportion of
jobs which pay a living wage.
Action step: Explore opportunities to diversify Moab's economy.
c.The City of Moab has experienced a surge in new nightly-rental-related development.
New hotel and overnight accommodation developments are planned within the City in the
near future.
d.Nightly rental uses in various forms are now permitted in the following zoning districts
within the City: C1, C2, C3, C4, RC, and SAR.
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e.The City is engaged in future land use planning to: i) evaluate the right mix of land uses
in various zoning districts; ii) the zoning districts in which nightly rental uses are
appropriate; and iii) additional requirements, if any, for nightly rentals in zoning districts
where they are allowed. The creation of a Downtown Area Plan and related ordinances
are in process, and there is an urgent need to update the City’s existing land use and
development code in advance of future growth.
f.In conjunction with Grand County, in 2018 the City engaged BAE Urban Economics to
perform a Nexus Study to evaluate the impacts of nightly rentals. The Nexus Study
concluded that the development of new nightly rentals crowds out the development of
other business uses in the City, while simultaneously driving up demand for affordable
workforce housing. The City finds that a limited supply of land is available for
development, making future land use planning of critical importance.
g.The City finds that increasing nightly rental development in the downtown area of the
City in particular is forcing out other important land uses to the detriment of balanced
community development. Existing land use requirements and market forces have not
facilitated the development of a balanced mix of business types, residential inventory,
and accommodations for visitors in the downtown core.
h.On February 5, 2019 Grand County enacted a similar temporary land use regulation with
respect to new lodging development in Grand County, based largely on the same
concerns as to the outsize impacts of lodging development on community character. The
City finds that there is a strong public interest in a coordinated City/County approach to
the issue.
i.There is a compelling countervailing public interest to assure that lodging uses are
developed in a manner that compliments the other needs of the City and its residents.
This ordinance is necessary to assure that the City can promptly develop ordinances and
policies to achieve those ends.
Now therefore, the foregoing findings are adopted and the City of Moab enacts the following:
1.Definitions. The term “nightly rental” means hotels, motels, bed and breakfasts,
residential short-term rental dwellings, or other overnight accommodations available to paying
guests who rent rooms, dwellings, or units on a nightly or weekly basis, or for a term of less than
30 days.
2.Temporary Regulation and Duration. The City hereby enacts a temporary land use
regulation prohibiting the development or construction of new nightly rentals within the City
limits. This ordinance shall continue until repealed, but in no instance shall the term exceed one
hundred eighty (180) calendar days from the effective date, as stated below. No nightly rental
land-use applications shall be accepted by the City for the duration of this ordinance. Existing
nightly rentals are excluded from this ordinance.
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3.Exemptions. The following nightly rental developments are exempt from this ordinance:
a) projects that have submitted a complete land use application to the City and paid all applicable
fess as of the effective date of this ordinance; b) projects that have obtained a building permit as
of the effective date of this ordinance; or c) nightly rental uses of existing dwellings located in
the C1 or C2 zoning districts where the use requires only the issuance of a business license to the
owner and no building permits are required under applicable law.
4.Direction to Staff. Staff is directed to engage in further study and development of policy
recommendations to the City Council to implement ordinance changes consistent with this
ordinance.
5.Enforcement. The City may enforce this ordinance in a civil action to obtain injunctive
or declaratory relief. In any such proceeding the City need only prove the existence of a violation
of the ordinance to obtain the injunction. Injunctive relief shall be granted without a requirement
of the posting of a bond or other security.
6.Severability. If any provision of this ordinance shall be found to be invalid by any court
with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be
enforced without the severed provision.
7.Effective Date. This ordinance shall take effect immediately upon passage by the City
Council, regardless of the date of publication. The City shall promptly publish same.
Approved and adopted upon the vote of a majority of the City Council, this 12th day of February,
2019.
By:___________________________________________
Mayor Emily S. Niehaus Date
Attest:
By:___________________________________________
Rachel Stenta, Recorder Date
-End of Document-
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Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Resolution 12-2019: A Resolution Approving the Smith/Mack Boundary Line
Adjustment for Property Located at 409 and 419 E. Secret Cove Court in the R-2 Single -
Household and Two-Household Residential Zone
Disposition: Discussion and possible action
Staff Presenter: Sommar Johnson, Development Services Coordinator
Attachment(s):
-Attachment 1: Proposed Resolution 12-2019
-Attachment 2: Final Plat
Recommended Motion:
I move to adopt Resolution 12-2019 approving the Smith/Mack Boundary Line Adjustment
Background/Summary:
The purpose of this boundary line adjustment is to correct a mistake made during the
original platting of the Secret Cove Subdivision. During a recent survey of Lot 1, it was
discovered that the controlling section corner monuments between lot 1 and lot 2 were not
set in the correct platted location. The surveyors understanding of state law is that the
monument holds more weight than the platted bearings and distances which means the
monument must stay in place and the plat needs to reflect the actual corner location.
This boundary line adjustment makes that correction.
This request complies with Utah Code Chapter 10-9a-608(2) that allows a subdivision plat
to be amended by the Land Use Authority (Council) without a public hearing if:
“(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels
are located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision….”
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The request does not vacate or amend a public street, right-of-way, or easement and t his
request meets the applicable lot dimensional requirements of the Moab Municipal Code.
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Page 1 of 1
RESOLUTION #-2019
A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR LOTS 1 AND 2 OF
THE SECRET COVE SUBDIVISION AS SUBMITTED BY BRUCE AND KAREN SMITH AND
RICHARD MACK
WHEREAS, Bruce and Karen Smith, 409 E. Secret Cove Court, Moab, Utah 84532. as “Owner” of Lot
1, and Richard Mack, 419 E. Secret Cove Court, Moab, Utah 84532, as “Owner” of Lot 2, of the Secret
Cove Subdivision have applied for a lot line adjustment between the two lots; and
WHEREAS, the properties are located in the R-2, Single-Household and Two-Household Residential
Zone; and
WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for
review and approval of the proposed lot line adjustment; and
WHEREAS, Lot 1 will be comprised of 8,251 square feet (.18 acre) and Lot 2 will consist of 7,659
square feet (.17 acre); and
WHEREAS, the proposed lot dimensions satisfy the minimum lot area of 5,000 square feet for the R-2
Zone; and
WHEREAS, the Moab City Council (“Council”), in a regularly scheduled public meeting held on
February 12, 2019, reviewed the proposal for compliance with the Moab Municipal Code and State Code
Chapter 10-9a-608(2) that allows an amendment of a subdivision plat without a public hearing if:
(a)the petition seeks to:
“Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or
parcels join in the petition, regardless of whether the lots or parcels are located in the same
subdivision…”
WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the
technical aspects of the pertinent code sections, and pursuant to Council Resolution #0x-2018, the City
Council hereby finds, that the code requirements have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the
application for the boundary line adjustment for Lots 1 and 2 of the Secret Cove Subdivision, is hereby
approved.
ADOPTED AND APPROVED by action of the Moab City Council in open session this
12th day of February, 2019.
ATTEST:
Rachel Stenta Emily S. Niehaus
Moab City Recorder Mayor
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Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: Proposed Settlement Agreement between the City of Moab and Roger Knight
Construction, Inc.
Disposition: Discussion and possible action
Staff Presenter: Chris McAnany
Attachment(s):
-Memorandum
-Proposed Settlement Agreement
Recommended Motions:
I move to approve the General Release and Settlement Agreement with Roger Knight
Construction providing payment to the City of the amount of ten thousand dollars.
Background/Summary:
Please see the attached memo.
####
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Moab City Council Agenda Item
Meeting Date: February 12, 2019
Title: North US-191 Street Lighting Evaluation/Recommendations
Disposition: Discussion
Staff Presenter: Chuck Williams,City Engineer
Attachment(s):
-Attachment 1 - Moab, UT – 191 Street Lighting Recommendations
Recommended Motion:
N/A
Background/Summary:
Clanton & Associates performed an evaluation of the existing st reet lighting
along Highway US-191 from UT-128 to 400N to provide recommendations on
street lighting improvements to accommodate the roadway expansion,
additional west side sidewalk and extended shared use path. Clanton &
Associates completed a site visit on November 29, 2018 to m easure existing
lighting levels.
The existing lighting system uses high pressure sodium luminaires located
only on the east side of US-191 with inconsistent spacing throughout the
corridor resulting in an under-lighted roadway and would not be sufficient for
the roadway expansion. Clanton & Associates and Utah Department of
Transportation (UDOT) recommend using the Illuminating Engineering
Society’s Recommended Practices RP-8-14 Roadway Lighting as a starting
point for determining the appropriate lighting criteria used along roadways.
Clanton & Associates has studied multiple lighting layouts to determine the
best strategy to use on the expanded roadway.
This study was commissioned because UDOT asked the City if it wanted to
upgrade the street lighting at its expense. In the interim UDOT has agreed to
install conduit and junction boxes in case the City ever does want to expand
street lighting on this section of the Highway. Staff is not asking for action
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from Council at this time. This item is for Council information. Representatives
from Clanton & Associates will be present at the meeting to briefly review the
report and answer any questions the Council may have.
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4699 Nautilus Court South, Suite 102 303-530-7229
Boulder, CO 80301 www.clantonassociates.com
Moab, UT – 191 Street Lighting Recommendations
Executive Summary
Clanton & Associates performed an evaluation of the existing street lighting along Highway US-
191 from UT-128 to 400N to provide recommendations on street lighting improvements to
accommodate the roadway expansion, additional west side sidewalk and extended multiuse path.
Clanton & Associates completed a site visit on November 29, 2018 to measure existing lighting
levels.
The existing lighting system uses high pressure sodium luminaires located only on the East side
of US-191 with inconsistent spacing throughout the corridor resulting in an under lighted roadway
and would not be sufficient for the roadway expansion. Clanton & Associates and Utah
Department of Transportation (UDOT) recommend using the Illuminating Engineering Society’s
Recommended Practices RP-8-14 Roadway Lighting as a starting point for determining the
appropriate lighting criteria used along roadways. Clanton & Associates has studied multiple
lighting layouts to determine the best strategy to use on the expanded roadway.
Lighting Recommendations
Option 1: Recommended Street Lighting Improvements
· 1A: Primary Recommendation – Continuous Lighting (Both Sides): To sufficiently
and appropriately light the expanded roadway, west side sidewalk and extended multiuse
path for driver and pedestrian safety, Clanton & Associates recommends continuously
lighting the roadway from both sides of the street along the entire corridor. The
approximate cost for this improvement is $1,200,000 – $1,400,000.
· 1B: Secondary Recommendation – Continuous Lighting (East Side), Conflict Point
Lighting (West Side): To increase light levels on the expanded roadway, additional
sidewalk and extended multiuse path, Clanton & Associates recommends continuously
lighting the east side of the road and also provide lights at conflict points on the west
side of the road. The approximate cost for this improvement is $850,000 – $950,000.
Option 2: Supplemental Street Lighting Improvements
· To improve the lighting layout without comprehensive work, Clanton & Associates
recommends that the City of Moab work with UDOT and Rocky Mountain Power to update
all existing luminaires to LED cobra heads and install new luminaires at under lighted
locations on the east side of the street. The approximate cost for this improvement is
$140,000 – $160,000.
Option 3: Minimal Street Lighting Improvements
· At minimum Clanton & Associates recommends all street lights are updated to LED
luminaires. The approximate cost for this improvement is $20,000 – $30,000.
Multiuse Path Lighting
· Clanton & Associates recommends lighting the multiuse path near the Moab Springs
Ranch with additional lighting, either bollards or pedestrian lights, regardless of the
street lighting strategy chosen. The approximate costs for bollard lighting is $100,000 -
$110,000 and pedestrian lighting is $70,000 - $80,000.
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4699 Nautilus Court South, Suite 102 303-530-7229
Boulder, CO 80301 www.clantonassociates.com
Table of Contents
Moab, UT – 191 Street Lighting Recommendations
Current Lighting System ......................................................................................................... 3
Existing Infrastructure ......................................................................................................... 3
Existing Lighting Layout ...................................................................................................... 3
Conclusion .......................................................................................................................... 3
The Benefits of LEDs .............................................................................................................. 3
Improved Visibility ............................................................................................................... 4
Energy and Maintenance Costs .......................................................................................... 4
Reducing Light Pollution and Light Trespass ...................................................................... 5
Controls Options ................................................................................................................. 5
Smart City Infrastructure ..................................................................................................... 6
Lighting Criteria ...................................................................................................................... 6
Proposed Lighting Options ..................................................................................................... 8
One-For-One Luminaire Replacements .............................................................................. 8
Supplemented Lighting along East Side of Roadway .......................................................... 8
Continuous East Side Lighting & Lighting West Side Conflict Points ................................... 9
Continuous Lighting System (Recommended) ...................................................................10
Trail Lighting ..........................................................................................................................12
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4699 Nautilus Court South, Suite 102 303-530-7229
Boulder, CO 80301 www.clantonassociates.com
Current Lighting System
Existing Infrastructure
The current lighting along US-191 is high
pressure sodium (HPS) and is owned and
maintained by Rocky Mountain Power (RMP).
Street lights are billed at a flat rate and are fed
from overhead power lines. There are
approximately 46 street lights along the
roadway, 200-watt HPS cobra heads are
installed from 500W to UT-128, and 150-watt
HPS cobra heads are installed from 400N to
500W. Existing metal light poles are non-
breakaway and appear to be rusted with
corroding foundations. (See Image 1 and Image
2).
UDOT’s 60% roadway plans indicate that some of the overhead power poles with luminaires
mounted to them may be relocated during construction.
Existing Lighting Layout
The existing streetlights from UT-128 to 500W are continuously
spaced at 250ft along the east side of the road (Image 3). This spacing
is sufficient for lighting the adjacent roadway and multiuse path,
however luminaires are not capable of providing light across the width
of the expanded roadway. No streetlights are installed from 500W to
just north of Mivida Dr, leaving a large under lighted stretch of
roadway. From Mivida to 400N, the lighting layout switches to a
staggered arrangement with luminaires on both sides of the road,
providing sufficient illumination for traffic. A map of the existing
conditions can be found in Appendix A.
Conclusion
The existing lighting layout will not provide sufficient illumination along the corridor for pedestrian
and vehicle safety with the expanded roadway, additional sidewalk and extended multiuse path
The Benefits of LEDs
Clanton & Associates recommends installing new LED cobra head streetlights at under lighted
sections of roadway, and replacing the existing cobra heads with new LED cobra heads to
improve visibility along the roadway. LED cobra heads can also reduce energy and maintenance
costs, reduce light pollution and light trespass, and allow for more versatile control of the lighting
system.
Image 1 – Existing Metal
Light Pole
Image 2 – Existing Lighting Fondation
Image 3 – Existing Continuous Lighting
Image 4 – Existing Lighting Layout Diagram
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4699 Nautilus Court South, Suite 102 303-530-7229
Boulder, CO 80301 www.clantonassociates.com
Improved Visibility
Creating good visibility with street lighting depends
on three metrics: illuminance is the amount of light
falling on a surface (measured in footcandles – fc),
luminance is the amount of light reflecting off a
surface toward an observer (measured in candela
per square meter – cd/m2), and the color rendering
index (CRI) is the light sources ability to render the
natural color of an object. Most street lighting criteria
is based on luminance, while pedestrian areas, such
as crosswalks and sidewalks are based on
illuminance.
White light from LED luminaires can increase
visibility with lower light levels than that required
when using HPS sources. Visibility in the streetscape
environment relies on providing sufficient luminance
on the pavement, vertical illuminance on pedestrians
or any other objects on the road, and the luminaires’
ability to render color. CRI is measured on a scale of
0 to 100, with the sun being a perfect 100 CRI. HPS
sources have a CRI of approximately 30, while
3000K LED cobra head streetlights often have a CRI
of 70. Image 5 shows a car under both LED and
HPS lights. The front of the car is illuminated by LEDs and the bright red color of the car is easily
identified, while the back of the car is illuminated by HPS lights and the red color becomes a
muddy brown due to the HPS’s low CRI. Nighttime vision is more sensitive to white light from
LEDs increasing the color rendering and object detection. Because of this, LEDs can provide
enhanced visibility with less light.
Energy and Maintenance Costs
Changing to LED lights will reduce the life cycle and operating costs of the street lighting. LED
lighting requires significantly less power than legacy sources such HPS, which greatly reduces
the life cycle energy costs of the system. LEDs have a typical lifespan of 100,000+ hours,
compared to a 24,000 hour lifespan of HPS sources ,and will need to be replaced significantly
less often, which reduces maintenance costs. LEDs are known for their durability, longevity, and
consistency in lighting, but quality components are essential to ensure this. The LED electronic
driver will often fail first if a low-quality luminaire is purchased. Planning and budgeting for high-
quality luminaires ensures a system longer lifespan with less maintenance.
Routine maintenance of the lighting system should be performed every year. This includes
trimming trees and bushes around luminaires to prevent the blocking of light. Another aspect of
maintenance involves removing the dust and debris that can accumulate on the luminaire lens.
Since streetlights will rarely, if ever, be cleaned; luminaires must have adequate ingress protection
(IP) against dust and water. This IP rating shall be at least IP65 for all street lights. This rating
means that the luminaire is dust-tight and water-tight.
The 46 existing streetlights use approximately 36,000 kWh per year. There are twenty-seven (27)
200-watt and nineteen (19) 150-watt luminaires. If these lights are converted to 135-watt LED
Image 5 – Color Rendering of LED vs HPS
Image 6 – HPS vs LED Roadway Lighting
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4699 Nautilus Court South, Suite 102 303-530-7229
Boulder, CO 80301 www.clantonassociates.com
cobra heads, there will be a 45% increase in roadway luminance along with a 15% reduction in
luminaire energy use. Further reductions in energy can be achieved by providing appropriate
light levels without over-lighting and reducing light levels late at night (ie: 12am to 5am) by
dimming or turning off non-essential lighting.
Due to the inconsistent lighting layout along US-191, a one-for-one luminaire replacement does
not sufficiently light the roadway, sidewalk and multiuse path, therefore we recommend
additional luminaires be installed. With these additional luminaries, Moab will not benefit from
energy savings that are typically experienced when doing a one-for-one replacement.
Reducing Light Pollution and Light Trespass
Light pollution and sky glow are caused by light aimed directly
up into the sky and by light reflected off of the ground or
surrounding objects. Installing additional lighting will add to
light pollution. However, it is the direct component (rather than
reflected) that is the most significant cause of light pollution. All
new LED cobra head luminaires should be fully shielded,
without any uplight (U0 rating), meaning that they do not put
out any light above the luminaire. Additionally, over lighting,
even with fully shielded luminaires, reflects unnecessary light
into the atmosphere and adds to sky glow (Image 7).
Light trespass is defined as stray light that crosses a property boundary. Uncontrolled, non-
shielded light sources are usually the cause of light trespass. LED luminaire technology allows
for precise control of where light is directed in order to reduce light trespass. Using a shielded,
lower light output luminaire can create a more visually comfortable environment with less light
trespass.
Controls Options
When updating to LED luminaires, there are multiple control options available with a wide range
for capabilities.
Manual Dimming
The most basic lighting control system uses a manual dimmer on each individual luminaire. These
dimmers must be manually adjusted within the luminaire housing assembly. This dimming system
is often used in residential areas, so municipalities can respond to complaints of light pollution or
over lighting. This system is best used on smaller installations where each light can be individually
set and adjusted as needed. Manual dimmers cost approximately $20 per luminaire.
Stand-Alone Time-Based Dimming
A slightly more dynamic control system is stand-alone time-based dimming, which can
accommodate different light levels throughout the night. This system is used to provide higher
roadway illumination during peak traffic hours and then dim the lights later in the evening when
there are fewer people on the road. These dimming devices are designed to be built into the
luminaire and to work with any standard 0-10V LED driver. The location of the luminaire is
programmed into the dimmer as well as a dimming schedule to provide the correct amount of light
at various times throughout the night. Dimmers are programmed before they are installed into the
luminaire, but if changes are desired in the field, each dimmer is stand alone and will require
individual attention. Once these dimmers are properly programmed, they are a simple and
Image 7 - Overlighting in SLC
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effective way to reduce energy consumption and light pollution. Stand-along time-based dimmers
cost approximately $40 per luminaire.
Wireless Lighting Controls
If individual control of each luminaire from a remote location is desired, a wireless control system
would need to be installed. Most LED streetlights are compatible with a wireless control node
through an ANSI 7-pin receptacle. A wireless system is capable of controlling each individual
luminaire remotely and setting dimming schedules, as well as more advanced abilities such as
creating lighting groups, asset management, and energy management services. The wireless
nodes on each luminaire may either communicate with a gateway that transmits the data to a
centralized management system, or each node has a cellular connection and each node transmits
data to a centralized management system. A central management system can see the luminaire
data and provide failure alerts, dimming, or asset management reports of the lighting system. The
cost for this system is approximately $200 per node, which includes the hardware and a 10-year
software agreement.
Smart City Infrastructure
The infrastructure that is used for a wireless control system is often compatible with other sensors
that can monitor air quality, measure soil moisture for irrigations systems, detect gun shots, record
traffic volumes and much more. These integrated sensors can notify key City staff or emergency
responders when the pollutant levels are too high or a gun has been fired to help create a safer,
healthier and more livable city.
Technological advancements that require additional infrastructure and fiber networks include
cameras and 4G/5G cellular service. Cellular carriers are approaching cities across the US to
integrate 4G/5G networks with the street lighting. To be compatible with the infrastructure needed
for 4G/5G, light poles often require a larger diameter foundation and fiber. If the City of Moab sees
a future for a 4G/5G network in their city, the City should prepare by running spare conduit to
each pole for future fiber and electrical needs. This will provide the City with the infrastructure
needed for 4G/5G cellular service and can prevent future disruption. If Moab is interested in
pursuing fiber conduit installation, Clanton & Associates recommends that the City prepare a
Smart City master plan.
Lighting Criteria
Roadway lighting guidelines referenced throughout the United States are set forth by the
Illuminating Engineering Society (IES). The IES was founded in 1906 and strives to improve the
lighted environment by publishing recommended practices to guide lighting designers, architects,
engineers, sales professionals, and researchers. The IES’s The Lighting Handbook and
Recommended Practices are the recognized authoritative reference on the science and
application of lighting. The Utah Department of Transportation recommends the use of the IES’s
American National Standard Practice for Roadway Lighting (RP-8-14) for roadway lighting criteria.
Clanton & Associates recommends a 20% reduction in IES criteria when using LED luminaires
because LED street lights provide the same, if not enhanced, visibility with less light than HPS
luminaires.
Appropriate light levels are based on the street classification and the pedestrian activity level
along the street. Pedestrian activity levels are defined by IES RP-8-14 as:
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High: Areas with significant numbers (over 100 pedestrians an hour) of pedestrians expected to
be on the sidewalks or crossing the streets during darkness. Examples are downtown retail areas,
near theaters, concert halls, stadiums, and transit terminals.
Medium: Areas where fewer numbers (10 to 100 pedestrians an hour) of pedestrians utilize the
streets at night. Typical are downtown office areas, blocks with libraries, apartments,
neighborhood shopping, industrial, parks, and streets with transit lines.
Low: Areas with very low volumes (10 or fewer pedestrians per hour) of night pedestrian usage.
A low pedestrian classification can occur in any street classifications but may be typified by
suburban streets with single family dwellings, very low-density residential developments, and rural
or semi-rural areas.
Table 1 shows IES recommended luminance for an arterial roadway based on each pedestrian
level. US-191 is an arterial street with a low pedestrian activity level.
Table 1: Arterial Roadway Target Criteria from IES RP-8-14
Pedestrian Activity Roadway Sidewalks
Average Luminance (cd/m2) Luminance Avg:Min Ratio Average Illuminance (fc)
High3 1.2 3.0 0.9
Medium 0.8 3.0 0.5
Low 0.6 3.5 0.4
Table 2 shows the lighting criteria for the multiuse path and sidewalk. The multiuse path should
use a medium pedestrian activity level to accommodate bikers. Streetlights located behind the
sidewalk or multiuse pathway should provide sufficient pedestrian lighting levels without requiring
additional pedestrian lights be installed, which may be necessary if the streetlight is located in
front of the sidewalk or multiuse path.
Table 2: Sidewalk Lighting Target Criteria from IES RP-8-14
Pedestrian Activity Horizontal Illuminance (Avg.
fc)
Vertical Illuminance (Avg.
fc)
Uniformity Ratio
(Avg:Min)
High 0.8 0.4 4.0
Medium (Multiuse Path) 0.4 0.2 4.0
Low (Sidewalk) 0.3 0.1 4.0
Due to visibility improvements provided by LEDs white lights source, Clanton & Associates
recommends reducing the target street lighting criteria by 20% to prevent over lighting the street.
Clanton & Associates does not recommend reducing criteria on the sidewalks or multiuse path to
maintain pedestrian safety.
Table 1: Proposed Target Criteria
Roadway (US-191) Sidewalk and Multiuse Pathway
Average Luminance (cd/m2) Luminance Uniformity
( Avg:Min )
Average Illuminance (fc) Illuminance Uniformity
(Avg:Min)
0.5 3.5 0.4 horizontal
0.2 vertical
4.0
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Proposed Lighting Options
One-For-One Luminaire Replacements
If RMP or UDOT owns and maintains the lighting system, UDOT will replace all existing light
standards that will be impacted by construction. It currently appears that six to eight poles will be
impacted. Clanton & Associates recommends that all existing luminaires be replaced with new
LED cobra heads. Existing metal light poles on the south end of the roadway appear to be at the
end of their useful life and should be evaluated by a structural engineer to determine if they can
be reused. Current luminaires are fed from overhead power and future coordination with RMP is
needed to determine if one-for-one replacements can continue to be fed from overhead electrical.
The energy rate should also be discussed with RMP since LED luminaires use less energy and
need less maintenance and therefore are usually charged a lower flat rate.
A one-for-one replacement of the HPS sources to135-watt Type III distribution LED cobra heads
does not meet the criteria for an arterial street with a low pedestrian conflict. With a 20% reduction
from criteria, 0.5 cd/m2 is recommended to appropriately light the street; with this layout, 0.3 cd/m2
was calculated on the roadway. A map of the light levels for a 135-watt LED one-for-one
replacement can be found in appendix A. Table 3 shows a preliminary tabulation of approximate
costs for a corridor wide one-for-one replacement. Clanton & Associates recommends the time-
based dimming to reduce energy use during low traffic times and to be able to respond to
concerns of over lighting or light trespass.
Table 3: Tabulation of Approximate Lighting Quantities for One-For-One Replacements
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
LUMINAIRE (LED) (135W) EACH 46 $ 400 $ 18,400
OPTIONAL DIMMING SYSTEM EACH 46 $ 40 $ 1,840
SUBTOTAL $ 20,240 20% CONTINGENCY $ 4,050 TOTAL $ 20,000 – 30,000
Supplemented Lighting along East Side of Roadway
The current lighting layout has a large dark spot from 500W to just north of Mivida Dr. Moab
should coordinate with UDOT to supplement the existing layout with up to eight new streetlights
to light the dark spot on the roadway. The concerns with a one-for-one replacement for the existing
46 luminaires are mentioned above.
The supplemented one-for-one replacement lighting layout from HPS sources to a 135-watt Type
III distribution LED does not meet the criteria for an arterial street with a low pedestrian conflict.
With a 20% reduction from criteria, 0.5 cd/m2 is recommended to provide sufficient and
appropriate light on the street; with this layout, 0.4 cd/m2 is calculated. A map of the light levels
for a one-for-one replacement with eight additional luminaires can be found in Appendix A. Table
4 shows a tabulation of approximate costs for a corridor wide one-for-one replacement with an
additional eight luminaires. Clanton & Associates recommends the time-based dimming to reduce
energy use during low traffic times and to be able to respond to concerns of over lighting or light
trespass.
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Table 3: Tabulation of Approximate Lighting Quantities for Supplemented One-For-One
Replacements
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
3 INCH ELECTRICAL CONDUIT (BORED) LF 300 $ 22 $ 6,600
2 INCH ELECTRICAL CONDUIT (PLASTIC) LF 2000 $ 15 $ 30,000
TYPE ONE PULL BOX EACH 5 $ 800 $ 4,000
TYPE TWO PULL BOX EACH 3 $ 1,000 $ 3,000
WIRING LS 1 $ 7,300 $ 7,300
LUMINAIRE (LED) (135W) EACH 54 $ 400 $ 21,600
LIGHT STANDARD METAL (30 FOOT) EACH 8 $ 3,500 $ 28,000
LIGHT STANDARD FOUNDATION EACH 8 $ 1,500 $ 12,000
ELECTRICAL SYSTEM MODIFICATION LS 1 $ 10,000 $ 10,000
OPTIONAL DIMMING SYSTEM EACH 54 $ 40 $ 2,160
SUBTOTAL $ 124,660 20% CONTINGENCY $ 24,900
TOTAL $ 140,000 – 160,000
Continuous East Side Lighting & Lighting West Side Conflict Points
The existing lighting layout from UT-128 to 500W is
continuous along the east side of the road with an
average spacing of 250ft. This is an appropriate
luminaire spacing to provide light on the roadway and
multiuse path and should be continued from 500W to
400N. However, only lighting the road from one side
does not provide enough light across the whole
roadway. Placing lights at conflict points, such as
intersections and pedestrian crossing, on the west side
of the road will increase safety by illuminating the west
side of the road and the new sidewalk. When
implementing this design, luminaires should be located
a distance of half to one pole height before intersection or pedestrian crossing to ensure vertical
illumination on pedestrians and aid drivers in identifying oncoming objects. (See Image 8)
Implementing this lighting strategy using 135-watt Type III distribution luminaires will meet the
average roadway luminance for the 20% reduction in IES criteria and will meet the average
horizontal illuminance criteria for the multiuse path. Separate lighting on the bike path near the
Moab Springs Ranch is recommended and discussed in the Trail Lighting section. A map of the
light locations and light levels for this strategy can be found in Appendix A. Although the spacing
on the north end of the road is sufficient, new luminaire standards should be installed with new
underground wiring, conduit and fiber. Table 4 shows a tabulation of approximate costs for the 66
new luminaire standards needed for this lighting strategy.
Image 8
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Table 4: Tabulation of Approximate Lighting Quantities for Continuous East Side Lighting and West
Side Conflict Points
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
3 INCH ELECTRICAL CONDUIT (BORED) LF 1200 $ 22 $ 26,400
2 INCH ELECTRICAL CONDUIT (PLASTIC) LF 15000 $ 15 $ 225,000
TYPE ONE PULL BOX EACH 54 $ 800 $ 43,200
TYPE TWO PULL BOX EACH 12 $ 1,000 $ 12,000
WIRING LS 1 $ 43,900 $ 43,900
LUMINAIRE (LED) (135W) EACH 66 $ 400 $ 26,400
LIGHT STANDARD METAL (30 FOOT) EACH 66 $ 3,500 $ 231,000
LIGHT STANDARD FOUNDATION EACH 66 $ 1,500 $ 99,000
LIGHTING CONTROL CENTER LS 2 $ 12,000 $ 24,000
SUBTOTAL $ 730,900
20% CONTINGENCY $ 146,200
TOTAL $ 850,000 – 950,000
Dimming Costs
Clanton & Associates also recommends lighting controls technology be implemented in all new
lighting systems to reduce light levels during low traffic times and to be able to respond to
concerns of over lighting or light trespass. The cost of a standalone time-based dimming system
is approximately an additional $40 per luminaire. A wireless control system would allow for more
precise and remote control of each luminaire and would cost approximately $200 per luminaire.
Table 5: Tabulation of Approximate Quantities for Dimming Systems
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
STANDALONE TIME-BASED DIMMING EACH 66 $ 40 $ 2,700
WIRELESS CONTROL SYSTEM EACH 66 $ 200 $ 13,200
Smart City Infrastructure Costs
Clanton & Associates recommends preparing the street lighting for advancements in smart city
technology by bringing two runs of 4” conduit to each light standard. The cost for the conduit,
using a common trench with electrical, and fiber pull boxes would be approximately $220,000.
Continuous Lighting System (Recommended)
A continuous lighting layout with an approximate
250 foot spacing along US-191 will appropriately
light the roadway, sidewalk and multiuse path while
also reducing light pollution and light trespass by
installing a lower wattage luminaire. Continuously
lighting the roadway will illuminate conflict points
such as intersections, driveways and pedestrian
crossings throughout the entire corridor, creating a
safer environment for pedestrians and drivers
commuting in and out of Moab. By locating
luminaires across from one another and at a
constant spacing, a lower wattage luminaire can
Image 9 - Continuously Lighted Road
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be installed, reducing the amount of reflected light contributing to sky glow and reducing the
amount of glare and light trespass from each luminaire.
By installing 90-watt Type II distribution LEDs, the roadway will be lighted to an average luminance
of 0.55 cd/m2 and the average bike path illuminance will be 0.5fc. Clanton & Associates
recommends this layout for Moab due to the increased safety through continuous lighting along
the road, sidewalk and multiuse path and the reduction in light pollution and light trespass. A map
of the light locations and light levels for this strategy can be found in Appendix A. Table 5 shows
a tabulation of approximate cost for installing this new lighting system .
Table 6: Tabulation of Approximate Lighting Quantities for a Continuous Lighting Layout
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
3 INCH ELECTRICAL CONDUIT (BORED) LF 1200 $ 22 $ 26,400
2 INCH ELECTRICAL CONDUIT (PLASTIC) LF 22000 $ 15 $ 330,000
TYPE ONE PULL BOX EACH 72 $ 800 $ 57,600
TYPE TWO PULL BOX EACH 17 $ 1,000 $ 17,000
WIRING LS 1 $ 62,500 $ 62,500
LUMINAIRE (LED) EACH 89 $ 1,000 $ 89,000
LIGHT STANDARD METAL (30 FOOT) EACH 89 $ 3,500 $ 311,500
LIGHT STANDARD FOUNDATION EACH 89 $ 1,500 $ 133,500
LIGHTING CONTROL CENTER LS 4 $ 12,000 $ 48,000
SUBTOTAL $ 1,075,500 20% CONTINGENCY $ 215,100
TOTAL $ 1,200,000 – 1,400,000
Dimming Costs
Clanton & Associates also recommends lighting controls technology be implemented in all new
lighting systems to reduce light levels during low traffic times and to be able to respond to
concerns of over lighting or light trespass. The cost of a standalone time-based dimming system
is approximately an additional $40 per luminaire. A wireless control system would allow for more
precise and remote control of each luminaire and would cost approximately $200 per luminaire,
including necessary software, resulting in a total cost of $17,800 for a ten-year agreement.
Table 7: Tabulation of Approximate Quantities for Dimming Systems
DESCRIPTION UNIT QTY UNIT & INSTALLATION
COST SUBTOTAL COST
STANDALONE TIME-BASED DIMMING EACH 89 $ 40 $ 3,600
WIRELESS CONTROL SYSTEM EACH 89 $ 200 $ 17,800
Smart City Infrastructure Costs
Clanton & Associates recommends preparing the street lighting for advancements in smart city
technology by bringing two runs of 4” conduit to each light standard. The cost for the conduit,
using a common trench with electrical, and fiber pull boxes would be approximately $380,000.
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Trail Lighting
Regardless of who owns and maintains the street lighting along US-191,
Clanton & Associates recommends that Moab provides bollard or
pedestrian height lighting along the multiuse path near the Moab Springs
Ranch. This section of the path currently does not have any light because
it is located further back from the road and light from the streetlights is
blocked by trees.
Lighting Options
This lighting study has shown that continuous street lighting along the
east side of US-191 can sufficiently light the multiuse path in all areas
except near the Moab Spring Ranch. Clanton & Associates recommends
installing additional pedestrian luminaires near the Moab Springs Ranch
to provide light where the streetlights are unable to. If Moab chooses to
use bollard lighting (typically three feet tall), the light would be used for
wayfinding and would not provide any vertical illuminance on pedestrians
(Image 10). 18 bollards would be needed to be installed to continuously
light this section of the path. Pedestrian lights (typically 12 feet tall) have
a larger distribution and provide vertical illumination on pedestrians using
the path (Image 11). Approximately five luminaires would continuously
light the path.
Trail Lighting Criteria
The streetlights are able to meet the horizontal illuminance criteria for a
medium pedestrian activity level along the multiuse path, but do not meet
the vertical illuminance or uniformity ratio. The recommended lighting
layouts provide more light on the multiuse path than the existing
conditions and includes pedestrian specific lighting near the Moab
Springs Ranch. In order to meet all criteria along the multiuse path, pedestrian level lighting will
need to be installed along the entire length of the path. Pedestrian lighting can be used to better
reflect the character of Moab by selecting luminaire aesthetics specific to the Moab area.
A map of the luminaire locations and light levels when using bollards and pedestrian height
luminaries can be found in appendix A. Table 6 and 7 show a tabulation of approximate cost for
a new continuous bollard and pedestrian lights. Luminaire costs are based on higher end products
with an increased focus on aesthetics.
Image 10 – Bollard Lighting
Image 11 – Pedestrian Level
Lighitng
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Table 8: Tabulation of Approximate Lighting Quantities for Continuous Pedestrian Lights
DESCRIPTION UNIT QTY
UNIT &
INSTALLATION
COST
SUBTOTAL COST
2 INCH ELECTRICAL CONDUIT (PLASTIC) LF 1000 $ 15 $ 15,000
TYPE ONE PULL BOX EACH 5 $ 800 $ 4,000
WIRING LS 1 $ 3,900 $ 3,900
PEDESTRIAN LUMINAIRE (LED) EACH 5 $ 1,100 $ 5,500
LIGHT STANDARD METAL (12 FOOT) EACH 5 $ 2,500 $ 12,500
LIGHT STANDARD FOUNDATION EACH 5 $ 1,500 $ 7,500
LIGHTING CONTROL CENTER LS 1 $ 12,000 $ 12,000
SUBTOTAL $ 60,400 20% CONTINGENCY $ 12,100
TOTAL $ 70,000 – 80,000
Table 9: Tabulation of Approximate Lighting Quantities for Continuous Bollards
DESCRIPTION UNIT QTY
UNIT &
INSTALLATION
COST
SUBTOTAL COST
2 INCH ELECTRICAL CONDUIT (PLASTIC) LF 1000 $ 15 $ 15,000
TYPE ONE PULL BOX EACH 5 $ 800 $ 4,000
WIRING LS 1 $ 3,900 $ 3,900
BOLLARD (LED) EACH 18 $ 1,300 $ 23,400
LIGHT STANDARD FOUNDATION EACH 18 $ 1,500 $ 27,000
LIGHTING CONTROL CENTER LS 1 $ 12,000 $ 12,000
SUBTOTAL $ 85,300 20% CONTINGENCY $ 17,100
TOTAL $ 100,000 – 110,000
Solar Power Options
Powering the pedestrian luminaires using solar power was also
considered in this study. Due to the dense trees and bushes near
the Moab Springs Ranch (Image 12), individual solar powered
bollards would not be possible. If Moab wanted to use solar power
for the pedestrian lighting, a remote photovoltaic panel is
recommended, but this will still require installing conduit to each
luminaire.
Image 12: Multiuse path near Moab Spring
Ranch
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One-For-One Replacement (135-watt Type III Distribution LED Cobra Heads)
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GP
GP
GP
GP
EPP
EPP
EPP
MW
EPP
B M
B M EPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPP
EPPEPPEPPEPPEPPEPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
III-pc
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSDMSD
MSD
MSDMSDMSDMSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
24" INVERT IN 4004.14 (NE)
MSD
MSD
MSD
MSD
Continuous East Side Lighting, West Side Conflict Points (135-watt Type III Distribution LED Cobra Heads)
Page 190 of 194
B M
B M
B M B M
GP
GP
B M
B M
MSSB M
B M
B M
GP
GP
GP
GP
GP
GP
GP
GP
GP
GP
GP
GP
GP GP
EPP MMSSEPPB M
MSS
B M
B M
B M
B M
MWEPP
EPPMW
EPPEPPGP
GPEPPEPP EPPB M
B M
B MM
MSSMSS
MSSMSS
EPPB M
B M
B M
B M
B M
B M
B M
B MB M
B MEPPM
MT
EPPMSS
MSS
GP
EPP
GP
GP
GP
GP
EPP
EPP
EPP
MW
EPP
B M
B M EPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPPEPP
EPPEPPEPPEPPEPPEPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
EPP
III-pc
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSDMSD
MSD
MSDMSDMSDMSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
MSD
24" INVERT IN 4004.14 (NE)
MSD
MSD
MSD
MSD
Continuous Lighting Layout (90-watt Type II Distribution LED Cobra Heads)
Page 191 of 194
Existing Multiuse Path Lighting LevelsPage 192 of 194
Multiuse Path Lighting Levels with BollardsPage 193 of 194
Multiuse Path Lighting Levels with Pedestrian Level LightingPage 194 of 194