DATE ISSUED:                                    11/15/23

Proposed Service:                       Marsac Avenue Snowplowing Services

Proposed PROVIDER:                   Empire Pass Master Owner Association (EPMOA)

Requesting DEPARTMENT:       Executive Office

Please take notice of Park City Municipal Corporation’s (PCMC’s) intent to waive a competitive procurement process. PCMC Procurement Rule 5-3 provides that the competitive procurement requirements may be waived under circumstances where there is a reasonable justification and the waiver is in the best interests of PCMC.  The Procurement Official has determined that a waiver is appropriate for a contract for Marsac Avenue Snowplowing Services in the amount of $60,000 to Empire Pass Master Owner Association based on the information below:

Waiver Justification:

PCMC desires to enter into a supplemental contract with the Empire Pass Master Owner Association (EPMOA) for additional snowplowing of the UDOT-owned SR224 from the Marsac roundabout to Wheaton Way (Mine Road) for winter 2023-24. UDOT is unable to plow the road promptly due to its higher priorities, such as I-80 and 40. During a snowstorm, the road must be closed for safety until UDOT can address it. In the past, this resulted in lengthy closures and traffic diversion to Royal Street, which is not an ideal alternative. For winter 2023-24, given the extensive use of the Mine Road and the highest need for public safety, UDOT has contracted snowplowing services for the Mine Road to EPMOA because it has the staff and equipment in this location since it is already plowing the section of SR224 above Wheaton Way. UDOT’s allocated budget is $60,000 for this contract. Over the last few years, the expenses have increased, and UDOT cannot contribute more than its allocated budget. PCMC wishes to supplement UDOT’s contract payments to EPMOA for an additional $60,000 to ensure that the Mine Road will be maintained 24 hours per day,  seven days per week, which will minimize disruption to City residents, businesses, and guests. This is a temporary measure as PCMC works towards a longer-term solution. The Streets and Police departments already work seamlessly with EPMOA staff to supplement operations and coordinate road closures when unavoidable.

Awarding the contract for an additional portion of the existing snowplow service through a Standard Procurement Process is impractical and not in the best interest of PCMC for several reasons. The transitional costs (i.e., costs of training, conversion, compatibility, disruption of service) of changing to another provider for the “additional services” would be unreasonable, inefficient, and cost-prohibitive under the circumstances. In addition, matching the existing snowplowing services of EPMOA is of particular benefit to PCMC in this location, and a procurement procedure would be unlikely to produce competition.   

*To submit comments regarding this Notice of Proposed Waiver, please email Sarah Pearce at sarah.pearce@parkcity.org within seven days of the date of posting.