HomeMy Public PortalAboutRES-CC-2019-07CITY 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
Attest:
4.
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B3:��
Rachel Stenta, Recorder
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Date
Date
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
S. Commercial Operational Requirements
b. Municipal Facilities Operational Requirements
7. Security Clearance and Worker Identification Requirements for City Facilities
S. 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 (l5) 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 Agreetncnt. 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 frill. 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 frill 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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S. 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.
4. 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.
1 I. 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.
l 2. 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: Deverittamoabcitv.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 Iaw or equity.
a. In any suit arising under this Agreement the count 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 perfomed 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 fMoab:
By: /
David Everitt
t:
Y.
e. ha r i Haycock, Deputy Reco
ity 11ifanage
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Monume Waste S- ices, LLG
By:
Dan Kirkpatrick, Manager
ler
43-/ -0Vlg
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
1 D. 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 MIT's.
Outreach Coordinator: Service Provider will employ an individual no Iess 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. IT 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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" T h e C i t y s h a l l h a v e t h e r i g h t t o v i s i t a n d i n s p e c t a n y d i s p o s a l o r r e c y c l i n g s i t e s o w n e d ,
o p e r a t e d o r u s e d b y t h e S e r v i c e P r o v i d e r . S e r v i c e P r o v i d e r ' s i m p r o p e r d u m p i n g o f
m a t e r i a l s d e s i g n a t e d o n t h e C i t y ' s l i s t o f r e c y c l a b l e s m a y b e c a u s e f o r i m m e d i a t e
c a n c e l l a t i o n o f t h i s A g r e e m e n t .
" S e r v i c e P r o v i d e r s h a l l p e r f o r m i n a m a n n e r t h a t e l i m i n a t e s u n d u e n o i s e , s a f e t y h a z a r d s o r
d a m a g e , a n d d o e s n o t c r e a t e u n s a n i t a r y o r u n s i g h t l y c o n d i t i o n s a t c e n t r a l i z e d p i c k - u p
s i t e s o r C i t y f a c i l i t i e s g e n e r a l l y .
" S e r v i c e P r o v i d e r u n d e r s t a n d s t h a t t h e C i t y i s s u b j e c t t o i n t e n s e a n d i n c l e m e n t w e a t h e r
c o n d i t i o n s , i n c l u d i n g b u t n o t l i m i t e d t o s n o w , h i g h v e l o c i t y w i n d s , r a i n , f o g , h e a t a n d / o r
f l o o d i n g . S e r v i c e P r o v i d e r u n d e r s t a n d s t h a t i t i s r e s p o n s i b l e f o r p r o v i d i n g s o l i d w a s t e
c o l l e c t i o n s e r v i c e s , n o m a t t e r w h a t t h e c o n d i t i o n s o r c i r c u m s t a n c e s a r e , s o l o n g a s t h i s
c o n t r a c t c o n t i n u e s i n f o r c e . S e r v i c e P r o v i d e r i s r e s p o n s i b l e f o r m a k i n g a l l r e a s o n a b l e
e f f o r t s i n c l u d i n g , b u t n o t l i m i t e d t o p r o v i d i n g a d d i t i o n a l t r u c k s , p e r s o n n e l a n d e q u i p m e n t ,
t o c o n t i n u e t o p r o v i d e s e r v i c e u n d e r s u c h c o n d i t i o n s .
N u m b e r o f P o l y c a r t s a n d S e r v i c e L e v e l M o d i f i c a t i o n s :
" O n e 9 5 - g a l l o n r e c y c l i n g p o l y c a r t s h a l l b e l o c a t e d a t e a c h r e s i d e n c e _ u n l e s s t h e c u s t o m e r
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b a s i s . C u s t o m e r r e q u e s t s t o m o d i f y t h e t y p e o r n u m b e r o f t r a s h o r r e c y c l i n g p o l y c a r t s a t a
r e s i d e n c e s h a l l b e p r o c e s s e d d u r i n g t h e f i r s t s i x t y ( 6 0 ) d a y p e r i o d a t t h e c o m m e n c e m e n t
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" R e s i d e n t i a l c u s t o m e r s m a y o p t - o u t o f r e c y c l i n g s e r v i c e b y e l e c t i n g t o d o s o w i t h i n t h e
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F e b r u a r y a n d O c t o b e r o f e a c h y e a r t h e r e a f t e r .
" T h e C i t y s h a l l b e r e s p o n s i b l e f o r n o t i f y i n g c u s t o m e r s v i a u t i l i t y n o t i f i c a t i o n s , i n E n g l i s h
a n d S p a n i s h , o f t h e i r a b i l i t y t o m o d i f y t h e r a n g e o f t r a s h c o l l e c t i o n a n d r e c y c l i n g
s e r v i c e s ; t h e a b i l i t y t o o p t - o u t o f r e c y c l i n g s e r v i c e s ; a n d o f t h e d e a d l i n e s f o r d o i n g s o .
F r e q u e n c y a n d T i m i n g o f S e r v i c e :
" R e g u l a r c u r b s i d e s e r v i c e s h a l l o c c u r e i t h e r w e e k l y o r e v e r y - o t h e r - w e e k f o r t r a s h a n d
e v e r y o t h e r w e e k f o r r e c y c l i n g .
" S e r v i c e P r o v i d e r s h a l l n o t c o m m e n c e c o l l e c t i o n o f s o l i d w a s t e i n r e s i d e n t i a l a r e a s p r i o r t o
7 : 0 0 a . m . o r c o n t i n u e c o l l e c t i o n a f t e r 7 : 0 0 p . m . I n t h e e v e n t t h a t t h e r e i s s o m e t y p e o f
m e c h a n i c a l f a i l u r e , e q u i p m e n t p r o b l e m s , o r s e r v i c e f a i l u r e , t h i s r e s t r i c t i o n m a y b e w a i v e d
b y t h e C i t y M a n a g e r o r t h e i r d e s i g n e e .
" A d d i t i o n a l o n e - t u n e c u r b s i d e p i c k u p s m a y b e s c h e d u l e d o n a n a s - n e e d e d b a s i s d i r e c t l y
w i t h t h e S e r v i c e P r o v i d e r a n d b i l l e d t o t h e r e s i d e n c e a s e s t a b l i s h e d i n A t t a c h m e n t 2 .
R e s i d e n t i a l s e r v i c e r e q u i r e m e n t s a p p l y t o a l l l o n g - t e r m r e s i d e n t i a l d w e l l i n g s , i n c l u d i n g
a p a r t m e n t c o m p l e x e s , t r a i l e r p a r k s , m a n u f a c t u r e d h o m e p a r k s , a n d o t h e r m u l t i f a m i l y
d e v e l o p m e n t s .
M a t e r i a l s t o b e R e c y c l e d : S e e A t t a c h m e n t 4 .
1 0
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).
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.
11
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
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.
$. 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
12
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).
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
13
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.
• 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 he 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
14
participate in a pilot compost program, which may be subject to a separate agreement between
the Parties.
15
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:
City of Moab - Commercial Residential Pricing - Trash Recycle - 2019
Commercial & Residential Services 2019 - Solid Waste Collection - City of Moab Franchise Pricing
TRAS M
Rekad
spearar r.knp
Eli -Weekly
1-X-Week
2-X- Week
3-X Week
4 R Weak
5 X• Wcok
6-X- Weak
7-X- Week
MMdre,rkrnlnd l een
cr nr :.d
Rn:drntr,f
1
l
Residential Trash • Options are EOW (Sing a Cart) -or- Weekly (Single/Multiple Carts)
65-GL-Trash Polycart
5 5
$ 10
$ 12
S 16
5 32
$ 413
$ 64
$ 80
$ 96
$ 112
95-GL-Trash Polycart
5 5
5 LO
$ 14
$ 18
S 36
$ 54
$ 72
$ 90
$ 108
S 126
M...rme..nl Pr,r r-1, r:.: ,>,:rr. Admtwwl e..n —÷
HA
$ 18
$ 36
$ 54
$ 72
S 90
$ 1013
$ 126
2-Y0 - Trash Container $ 20 $ 30
$ 40 .
$ 64
$ 120
S 182
$ 243
$ 307
$ 387
$ 482
Nil ro ease irrr Fa Ea.v adrloon.n Cwnta:ne• e
5 34
5 S4
5 142
$ 154
5 207
$ 261
5 329
5 410
MD - Trash Container I $ 30 I $ 40
5 47
5 79
5 149
$ 223
S 296
$ 370
S 460
$ 566
m-i',:::=+.a•:, E.><n A,ret-an,dc..nea:,:_-•
$ 40
S 67
$ 126
$ 189
5 252
$ 315
$ 391
$ 481
4-YD - Trash Container I $ 40 I $ 56
$ 56
$ 94
$ 177
5 262
S 348
$ 435
$ 537
$ 656
.+.:3 ,..1, r,.- <atu F. Lx h 4.14.1...d0 C..,:Idr=rer '
5 49
S 80
5 150
$ 222
$ 396
$ 374
S 457
$ 557
6-YD • Trash Container I $ $0 I $ 76
$ 74
$ 124
5 233
$ 341
S 454
$ 565
$ 692
$ 836
kl.t r=, cote in.: wr Lxl. A,Irur.naiCon+ae+., —..-
$ 63
S 105
$ 198
$ 291
S 386
$ eel
5 S89
5 710
8-YD - Trash Container 1 $ 80 I $ 90
$ 92
S 154
$ 290
$ 427
5 566
$ 704
$ 859
$ 1,030
4,irin6.,ie file r x tarn M6al nnai(..War4e. -..
$ 79
$ 131
_S 296
5 363
S 481
$ 599
$ 731
S 676J
Commercial & Residential Services 2019 -Sing
e-Stream Recycle Collection - City of Moab Franchise Pricing
RECYCLE
Reter.1
SprrialPkky
Bi•Wtekly
I,X-Week
2•%•Week
3•2•Week
4-M-Week
S-%•Week
1XWeek
2XWeek
currrrc:.l
ernrienn,a
c,�-d,1
RnrdennA
i
#
Residential Single -Stream Recycle Service is Every Other Week - Only
Multifamily
95-GL - Recycle Polycart
S 5
$ 10
$ 12
S 16
$ 32
S 48
$ 64
$ 8o
$ 3o I $ 60
A44 r-, %al^ Rare f or L30 A334.31al La'1 —I.
$ 12
$ 16
$ 32
$ 48
$ 64
$ 80
Additional Cars
2-YD - Recycle Container S 20 $ 3D
$ 33
S 54
5 102
$ 153
$ 205
5 259
bast, .518 I Recyde 412
,xp1ir6:+1 l.nc,, E,a a.ior;r,,,u Conr.,ncr —i.
$ 29
5 46
S B6
5 130
5 175
S 220
Recycle Services are limited
to 5 Days Per Week for
Commercial, Mobile Home
Parks, Apartments, HOA'S and
Multi -Family Accounts
MD - Recycle Container I $ 30 I $ 40
$ 41
S 69
5 130
$ 195
$ 259
S 313
A:d in B.nr.aro:cn E:uJ::.ddlx.nnl Carrldrorr -lk
$ 35
$ 59'
$ 110
$ 165
$ 220
S "5
4-Y0 - Recycle Container I $ 40 I S 54
5 50
S 84
S 158
$ 234
$ 311
5 363
Add to Ea,: aalc to faan Addrlx,nal:.nnlnur —•
$ 43
$ 71
5 134
$ 199
5 264
5 330
6-YD - Recycle Container 1 $ 60 1 $ 70
5 68
5 114
$ 214
$ 315
$ 417
$ 320
lWJ ru 3u2 9au: Fw _xn adNtunal Contanr,.- -er
$ 58
$ 97
$ 182
5 268
$ 3SS
$ 492
S-YD - Recycle Container 1 $ 80 1 $ 90
$ 86
$ 144
$ 271
$ 399
$ 529
5 653
ehhi to 3asc tan• Fyy Lace Ad O.rpnalCunl,une: ---P.
$ 73
$ 122
5 230
$ 339
$ 450
$ 560
8eluail Fee - Assessed to Customers when cleanup or overflow occurs and Monument Waste Personnel must reload the Cart ss e _, C .. '. See Trash Prices Above
Special Pickup - Assessed when a Customer requests an off -route pickup for overflew or special event S la 'r: C lr! See Recycle Pncirs ,lbcve
Occurrence Fee • Assessed to Customers for any Container or Cart • Change of Service, Removal or Cleaning 516 PO Car t S25 Per Cnntain,n / Dureps:er
Confidential
2.15120 L9
Page 1
16
3. Municipal facilities service rates:
Trash and recvclin:
High Season (March -October)
$212
Low Season (November -February)
$212
Animal Shelter**
MARC
$95
$50
Center St. BallfieIds
$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 Part:
$ l 84
$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 Facilitv (as neededl:
Roll off boxes
3
I: 30 cubic yard
2 : 10 cubic yard
$200 per haul
Forklift hopper
2
1 cubic yard
No charge
No charge
Forklift hopper
1
2 cubic yard
17
4. Transfer station drop-off rates for City Departments (not public rates):
City of Moab - MWS Transfer Station Price Sheet
Drop-off Location - 2295 S Hwy 191 Moab, UT • 3 Miles South of Moab
Household Hazardous Waste - Paint - Stains - Pesticides - Cleaning Chemicals HHW Day - each May
Polycart - City Green Cart (96-GL) $ 5.00 Each
Grass / Leaves / Brush / Weeds 1 Yard Debris / Small Branches 1 Limbs $ 5.00 Per Yard
Pallets - Reusable Condition (Wood or Plastic) No Charge to Drop Off
Cardboard - Clean & Flattened rto Charge to Drop Off
Organics - Food Waste To be Deterrened when a
f rocra'n t1rP- rn..-i Avaddl;l:.
Mattress -or- Box Springs - Twin/Full - Queen - King ( per item ) $ 5.00 Each
TVs Up to 36" and Electronics $ 5.00 Each
Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer - Water Heater 5 5.00 each
Arm Chair 1 Recliner / Love Seat 1 Futon / Sofa 1 Sleeper Sofa S 5.00 each
Dresser - Tables - Chairs - Misc. Small Furniture - Sink - Toilet $ 5.00 Each
Tires - (Car and Pickup - Up to 20") (No Rim) $ 5.00 Each
Clean - Scrap Steel - Metal (No Complete Vehicles of any Kind) No Charge to Drop Off
Refrigerator / Freezer / AC Unit (Any unit that needs Freon Removed) $ 15.00 each
Animal Carcass (Small) Cat - Dog - Skunk - Coyote $ 5.00 each
Animal Carcass (Large) Pig - Goat - Sheep - Deer $ 10.00 Each
Non -Compacted Household Trash - Pickup - Stake Bed - Dump Trucks - Trailer Loads $ 8.00 Par Yard
C8D Debris - Heavy Material {Wood - 5heelreck - Construction Debris - Tree Branches) $ 12.00 Per Yard
Cubic Yard Calculation
Length X Width ( = ) X Height ( = ) 1 27 CF = Cubic Yard(s)
WE DO NOT ACCEPT THE FOLLOWING
Concrete - Asphalt - Dirt - Sod - Rock - Stone - Sand - RR Ties Asphalt Shingles
Large Tree Stumps or Rail Road Ties. Please take these heavy non-compactable
materials directly to the Solid Waste District - Moab Landfill on Sand Flats Road
18
ATTACHMENT 3
MATERIALS TO BE ACCEPTED BY SERVICE PROVIDER FOR RECYCLING
I. 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)
S. 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
19
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 recyc tables.
4. The following categories of materials found during audits will be evaluated:
• Recyclables
• Compostables
• High volume hard -to -recycle items
• Landfill Material
S. 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.
20
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 $ I ,000,000 combined single limits for bodily injury and property damage.
21