HomeMy Public PortalAboutPKT-CC-2010-05-11CITY OF MOAI3
MAY 11, zoo
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL C1-1AM13PRS
(217 EAST CENTER STREET)
Moab City Council
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Moab Oty Recorder's Office
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5/10/2010 10:33 AM
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Moab Oty Recorder's Office
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City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, May 11, 2010 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
None
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PUBLIC HEARING (Approximately 7:30 PM)
4-1 Public Input on Proposed Resolution #11-2010 — An Ordinance Adopting the
Fiscal Year 2010-2011 Annual Budget
SECTION 5: NEW BUSINESS
5-1 Approval of a Request for a Waiver of Building Permit Fees for the Grand
County Public Library in the Amount of $47.47
5-2 Approval of a Purchase Order and Purchasing Exception with Whitewater
West Industries for the Material Purchase of a Fiberglass Indoor Water Slide
in the Amount of $62,000.00
5-3 Approval of Amendment #1 to the Moab Valley Health Care Improvements
Agreement
5-4 Approval of a Memorandum of Understanding as to the Funding of the
Communities that Care Coordinator Position Operating Through the Moab
Teen Center By and Between the City of Moab and Four Corners Mental
Health
5-5 Award of the SCADA Replacement System Bid for the Water Department
5-6 Discussion Regarding a Possible Smoke Free Ordinance
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
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MOAB
City of Moab
Planning and Zoning Department
Correspondence
PL 1d 058
May 6, 2010
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Departmental Update for the Planning and Zoning Department
On March 9, Council was notified that additional contact had been made with Portal Park, LC, developer of Portal
Vista PUD. However, communication did not go beyond the delivery of a fax copy of the conservation easement
that was submitted to the city for review and ultimately approved by Council on March 23, 2010. The promised
original copy of the executed document has yet to be submitted so that an original signature page can be included
with the recorded easement. The group was going to submit plans or some other documentation in an effort to
address the development issues in Portal Park but nothing further has been received by staff. Staff has informed
the developers that the city will move forward with the partial vacation of the undeveloped portion of the
subdivision.
The Planning Commission will begin review of ordinances that will address administrative issues in the areas of
setbacks for accessory structures and clarifying situations for non conforming uses/non complying structures.
Council should be seeing these draft ordinances sometime next month.
Also, the PC will begin discussions about treatment of townhomes. State Code is similar to the law in many other
states and does not differentiate between the types of ownership for condominium and townhome development
and specific references to "Townhouse" or "townhome" are few and lack in detail. The term is not specifically
defined and the state code lacks a process as to how local jurisdictions should manage this type of multi -family
housing.
Staff continues to craft a draft of the street vendor ordinance. An outline of a draft version has been developed
and more language will be generated to embellish the processes to manage street vendors. The list of ideas from
the joint brainstorming session with the Planning Commission was e-mailed to everyone in an effort to stimulate
more discussion about the contents and the regulations that should be contained in the document.
Trash has become quite a topic for discussion due to the scattering of garbage by the recent strong winds. Littering
issues surfaced last year with leaflet/handbill advertising on windshields of parked cars. The events were locally
sponsored but not held within city limits and were heavily advertised by using leaflets and handbills. Many of these
advertisements ended up blowing around city streets as litter. A "handbill" ordinance has been drafted for
Council's review and will be presented at an upcoming workshop. A companion ordinance is also in the works to
address trash and rubbish and the need to provide and maintain collection containers with lids.
The PC continues to review the current definitions in the code. Some existing definitions have been found to be
obsolete or inadequate and many more have been added to clarify terms that are being used.
p:\planning department\2010\correspondence \p1-10-058 cc update.docx
3-3
RESOLUTION # 11-2010
A RESOLUTION ADOPTING THE FISCAL YEAR 2010/2011 BUDGET
WHEREAS, The City of Moab adopts the 2010/2011
and City Council as follows:
FUNDS
1. GENERAL FUND
2. CLASS "C" ROAD FUND
3. RECREATION FUND
4. COMMUNITY DEVELOPMENT
5. MILLCREEK PROJECT FUND
6. REDEVELOPMENT AGENCY FUND
7. CAPITAL PROJECTS FUND
8. ENTERPRISE FUND (WATER)
9. ENTERPRISE FUND (SEWER)
10. STORM WATER UTILITY FUND
11. YOUTH CITY COUNCIL FUND
ENTERPRISE CAPITAL BUDGET
Total Capital Requirement
Resource Remaining to be provided
Fiscal Year Budget presented to the Mayor
REVENUES
$ 6,871,550
$ 243,000
$ 397,050
$ 1,003,627
$ 150,800
$ 0
$ 5,270,890
$ 550,700
$ 755,000
$ 132,000
$ 25
$410,500
($87,260)
STORM WATER UTILITY CAPITAL BUDGET
Total Capital Requirement $375,000
Resource Remaining to be provided ($278,000)
EXPENDITURES
$ 6,871,550
$ 243,000
$ 397,050
$ 1,003,627
$ 150,800
$ 0
$ 5,270,890
$ 650,160
$ 675,300
$ 35,000
$ 25
NOW, THEREFORE BE IT RESOLVED, that the minutes of the meeting held June 8, 2010 are
ordered to show the adoption of the proposed Fiscal Year 2010/2011 Budget Funds, as presented to the
Mayor and City Council.
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City
of Moab this 8th day of June, A.D., 2010.
David L. Sakrison
Mayor
ATTEST:
Resolution #11-2010 June 8, 2010
Grand County
RI 11
May 6, 2010
111111:10 I:
257 East Center Street • Moab, Utah 84532
435-259-11 11 • www.moablibrary.org
To the Moab City Council,
This letter is to serve as a request for waiver of building permit fees in the amount of
$47.47 for the Grand County Public Library to install a solar photovoltaic system on the
roof of the Library located at 257 East Center Street.
Thank you,
°00-1)-------
Carrie Valdes, Library Director
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAx NUMBER (435) 259-41 35
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCKI
To: Mayor and City Council
From: Donna Metzler, City Manage
Date: May 7, 2010
Subject: Approval of Purchase Order and Purchasing Exception for Purchase of a
Fiberglass Indoor Slide
As I have mentioned to you previously, a large slide for the indoor pool portion of the
aquatic center was part of the original design for the aquatic center. The main reason
for including an indoor slide in the original design (and one of the reasons for including
diving boards) is that these amenities make the competitive indoor pool act as a leisure
or recreation pool. A competitive pool is one with the configuration of our indoor pool
with its rectangular shape, starting blocks and lanes. As you can see from the attached
article, a competition indoor pool typically has a 51 % cost recovery rate. A recreational
outdoor pool has a cost recovery rate of 132%. An indoor pool that is a combination
competition and recreation pool increases its cost recovery from 51 % to 85%.
Due to cost constraints, we identified the indoor slide as an alternate bid item. The bids
came in at about $100,000 and this was out of our price range so we eliminated the
slide, with the understanding that we would be able to add it later.
Over the last couple of months, with the understanding of the importance of the indoor
slide in creating an indoor recreation pool environment for cost recovery, Recreation
Coordinator John Geiger did some additional research into indoor slide options. What
we found was that there were many other options that were not reflected in Hogan's
original bid process. Some of these options were significantly less than the $100,000 bid
point we had after Hogan's bid process. With this in mind, I set out to examine the
budget to find the funds to pay for this important item. With the help of department
heads, I identified funds in the Millcreek Project Fund and the Community Development
Fund that will not be spent. Specifically, it was found through an engineering analysis
that installation of a weir along Mill Creek is not warranted at this time. In addition, funds
required for ballpark improvements and improvements at Dixie Park are much less than
originally anticipated.
With this new information, Hogan set out to essentially re -bid the indoor slide. They did
so and came back with many more options at much lower prices. Even the low bid in the
original bidding process came in lower during the second bid process, once they
became aware of the competition. I have attached a summary of the bids secured by
Hogan. As you can see, we can purchase a fiberglass slide that meets all of our
specifications for $62,000. The slide is from a reputable manufacturer called Whitewater
West. Hogan has agreed that they can install the slide as part of the original
Guaranteed Maximum Price for the project. The City has the available funds left from
the projected expenditures described above, in the amount of about $41,000 in the
Millcreek Fund and $21,000 in the Community Development Fund.
ADM-MEM-10-05-003
1
In order to save on sales tax (about $4,600), and to avoid a change order for the Hogan
contract, I recommend that the City purchase the slide directly from Whitewater West.
And, since Hogan engaged in an additional competitive bidding process for the slide, I
recommend that we waive our formal bidding procedure and take the low bid price
secured by Hogan. Whitewater West has agreed to honor this quoted price. It is an
excellent price. I recommend approval of the contract with Whitewater West.
ADM-MEM-10-05-003
2
HOGAN
& ASSOCIATES CONSTRUCTION
Vendor
Description
Bid
Grand County Aquatics Center
Section 6.35 Cyclone Water Slide Pricing
Approx.
Lead Time Extra Notes
March 30, 2010
00.09.319
Exclusions
Whitewater West Industries
Adam Heuss
(614) 857-9200
adam@whitewaterwest.com
Base Bid $ 58,500.00
Delivery Included
Pump (Approx.) $ 3,500.00
14 Weeks
Price includes Installation Service Option of Supervision of
Installation Only. Whitewater will provide a fully
experienced and capable job supervisor to assist and train
the crew for 5 days during the assembly and erection. Fine-
tuning, testing and safety certification will be provided at no
charge only if the slide is ready for operation during this
period. Any additional site visits will be charged $750 per
day, plus travel and expenses, if return visits are necessary.
Electrical, mechanical,
permits, fees, bonds
licenses, reports,
surveying, tax
Total: $ 62,000.00
Installation: $ 22,500.00
With Installation: $ 84,500.00
Natural Structures
Trudy England
(800) 252-8475
tengland@naturalstructures.com
Base Bid $ 62,434.00
Delivery $ 1,170.00
Pump $ 1,339.00
3% Cash with order discount on Sub Total: $2,458.05 for
Installation $1,864.62 for non -installation. If we elect to
self -install, they will provide a technical advisor and a
special toolkit which includes all the required tools fo
$460.00.
Concrete, footings,
plumbing, electrical,
pumps, tax
Total: $ 64,943.00
Installation $ 20,241.00
With Installation: $ 85,184.00
Summit- USA
Leo Lin
(360) 636-4433
(360) 636-4482
leol@summitusa-inc.com
Base Bid $ 65,000.00
Installation Not Available
Delivery Included
Pump Not Available
6 Weeks
2 different slides to choose from (one open and one mostly
tube)
Total: $ 65,000.00
Amusement Leisure
(403) 244-2202
(403) 245-6261
info@amusementleisure.com
Base Bid $ 76,500.00
Delivery $ 5,000.00
8-12 Weeks
Permits, license, bonds,
mechanical, electrical,
pools/decks, uploading,
foundation, tax
Total: $ 81,500.00
Installation: $ 8,000.00
With Installation: $ 89,500.00
Vendor
Description
Bid
Approx.
Lead Time Extra Notes
Exclusions
CN
I
Permits, license, PIO
Garret & Company
Base Bid $ 82,308.00
mechanical, electrical,
Vern Garrett
Delivery Included
uploading, reports,
801-265-8443
Total $ 82,308.00
surveying, concrete, tax
801-263-1254
add $4,944.88
Installation $ 15,711.00
With Installation $ 98,019.00
BALANCING
When it comes to a facility's long-term viability,
balancing leisure with competition is key. A new
study shows why. I by Randy Mendioroz
As designers, whenever we are engaged by a community
that wants to build a new aquatics center, we usually face
the same dilemma: How do we meet the needs of the
entire community when one special interest group, such as
competitive swimmers, wants to push its agenda to the ex-
clusion of all other programs? If public input is a part of the
planning process, it's easy for one group or another to "pack
the meeting" with a group of vocal supporters, and the rest
of the community's aquatics programming needs get ignored.
It goe, without saying that high cos( recovery is vital to
the long-term viability of any facility, and the aquatics com-
munity has generally agreed for the past decade that leisure
pool components help strengthen the financial bottom line.
Given this information, how can staff and design team mem-
bers objectively illustrate this point? For many years, the only
way was through qualitative evidence. No one could point to
an actual study to document which types of aquatics programs
produced the highest (and lowest) cost recovery.
BALANCING ACT
MONEY GENERATORS
Not all programs and events are created equal. Here's a
look at different types, and what percentage of revenue
they typically generate.
■ Recreation Admission
■ Swim Lessons
Aquatics Programs
Group Sales Competitive Meets
But now we can. And so can you.
Our firm, Aquatic Design Group,
recently surveyed 24 facilities throughout
the Western states to determine which com-
binations of aquatics programs were the
most financially successful. The results are
in, and though they were largely what we
expected, there were a few surprises. What's
more, the information serves as a valuable
tool for operators needing to explain why
leisure pools often make more sense for a
community. Here are the different types of
aquatics facilities that were studied:
■ Competition Only Indoor
■ Competition Only -- Outdoor
■ Competition and Recreation — Indoor
■ Competition and Recreation — Outdoor
■ Recreation Only — Indoor
■ Recreation Only — Outdoor
As you can see from the charts, for the
composite model of all facilities within the
survey, the bulk of revenue was generated
by daily recreation admissions followed by
swim lessons and aquatics programs. Other
revenue categories included group sales and
hosting competitive meets.
Conversely, the majority of operating
PAYING THE PRICE With recreation admission accounting For 56 percent of a facility's revenue generation, competition -only pools such as this one
cut themselves out of a mojor funding source.
42 AQUATICS INTERNATIONAL I MARCH 2O06 I wwwaquaticsintl.com
Z-9
BALANCING ACT
expenses came from labor costs and utili-
ties, with employee benefits running a not -
so -distant third. Maintenance/repairs, ad-
vertising/promotion, and food and beverage
sales costs were in the middle of the pack.
Getting into the specifics of cost
recovery (comparing revenue as a percent-
age of operating expense), four facilities for
each of the six project types were surveyed.
Competition -only facilities were defined as
those projects with traditional rectilinear
pools designed specifically for competitive
use; competition and recreation facilities
incorporated a mix of competitive pools and
water slides or wet play; and recreation -only
facilities were projects that had been orig-
inally designed with water slides and wet
play exclusively.
When compared with other facilities
surveyed, competition -only facilities were
the poorest financial performers, averaging
51 percent cost recovery for indoor and
57 percent cost recovery for outdoor -
oriented facilities.
The outlook gets better as we move to the
combination of competition and recreation
facilities. Cost recovery for these venues ranged
from nearly 80 percent for outdoor to
approximately 85 percent for indoor.
Here's a breakdown of different operating expense and
the percentage of the budget each typically costs.
Labor
Utilities
Benefits
Maintenance/Repairs
Advertising/Promotions
Cost of Sales • F&B
Insurance
Other
Cost of Sales - Merchandise
''s4.4, VW:4111i imirm
MIXED USE Facilities such as this one may be the best to offer something for everyone. A competition and lap pool co -existing with a leisure -style
pool enables operators to capitalize on the popularity of recreational swimming.
44 AQUATICS INTERNATIONAL I MARCH 2O06 I www.aquaticsia.com
0
fg
0
a
w
Z-9
BALANCING ACT
The facilities with the healthiest
financial outlook were, by far, the recre-
ation -only facilities. Seven out of eight
venues in this category are actually
recording operating profits, with cost re-
covery averaging 96 percent for indoor
facilities— and more than 131 percent for
outdoor ones.
Of course, when it comes to profitabil-
ity, many factors come into play, such as
seasonality of use, the size of the
facility compared with the market served,
programming and the effective use of
advertising.
Nevertheless, the historical numbers
paint a clear picture: It is difficult at
best to break even on a competition -only
aquatics facility, and as the percentage of
recreation programming goes up, so does
the potential for higher cost recovery.
Armed with this knowledge, what can parks
and recreation departments do to meet
community demand for aquatics facilities,
regardless of type?
1 Identify community needs.
Be wary of replicating existing offerings
from the private sector. For example,
a tremendous niche market is available
to public aquatic recreation facilities. A
significant number of local residents would
be perfectly willing to spend $6 per person
at a less -than -grandiose public facility
vs. $25 per person at a whiz-bang private
sector waterpark. However, private sector
operators have effectively lobbied city coun-
cils because of the perception that a
public aquatic recreation facility is unfair
competition since the public project is
typically subsidized by taxpayers.
2 Think about partners.
If a segment of your community is
demanding a competition pool and
your city manager and city council are ex-
pecting the facility to have a high percentage
of cost recovery, it is critical to identify
potential partners with whom you can
share expenses. In our survey, the com-
petition -only facilities that had the best
financial performance were those with
one or (even better) two partners. School
districts, YMCAs, Boys and Girls Clubs,
and other nonprofits with similar aquatics
programming needs can help lighten the
financial burden and contribute required
infrastructure such as building spaces, on -
site utilities and parking.
3 Examine your funding realities.
Given the fact that it's difficult to
get a bond passed in most commu-
nities, you must learn to be creative when
framing your argument for this type of
project. If you can present a project with
a potentially high percentage of cost
recovery, going after a bond to fund all
or a portion of the project will be much
more palatable to your city manager and
city council.
Many of the public aquatic recreation
facilities that our firm has designed in-
corporate multiple funding sources, such
4 Take into account
political history.
Have similar projects like this been
proposed in the past? What was the out-
come? Do you have city council members
or parks and recreation commissioners
who would be in favor or against this type
of project?
Our firm recently organized a field
trip for several public officials to tour a few
public sector aquatic recreation facilities
in operation. If, as the saying goes, a pic-
ture is worth a thousand words, then
this tour was worth a million. Allowing
FACILITY COMPARISON
Here's a look at different facilities and what percentage
of cost recovery they typically can expect.
140%
120%
100%
80%
60%
40%
20%
0%
Competition
Only -Indoor
Competition
Only -Outdoor
Competition +
Recreation -
Indoor
Competition+
Recreation -
Outdoor
Recreation
Only -Indoor
Recreation
OnlyOuldoar
park development funds, redevelopment
funds and grants. It is critical that you
explore all potential funding opportuni-
ties, as well as community support for your
efforts. How would the community react
to this type of project? Do the demo-
graphics within the community (that is,
large number of families, younger median
age) indicate that there might be strong
support for an aquatic recreation facility?
46 AQUATICS INTERNATIONAL 1 MARCH 2O06 1 www.aquaticsinitcom
these officials to see families having fun
in attractions such as lazy rivers, water
slides, zero -depth entry pools and wet
playgrounds, and having conversations
with the facility operators (who were able
to provide details on the financial success
of their facilities), helped "turn the tide"
and got the project rolling with hearty
endorsements from the officials involved
in the tour.
5-2
PROJECT NAME: GRAND COUNTY RECREATION & AQUATIC CENTER
LOCATION: MOAB, UTAH
ARCHITECT: EDA ARCHITECTS
CONTRACTOR: HOGAN & ASSOCIATES CONSTRUCTION
OWNER: City of Moab
THIS AGREEMENT made in Moab, UT, this day of , 2010, by and between the
City of Moab, a Utah municipality, 217 East Center Street, Moab, Utah 84532, hereinafter referred to as
the "Owner", and Whitewater West Industries, of 519 S Fourth St, Columbus Ohio 43206, hereinafter
referred to as the "Supplier". For and in consideration of the performances specified herein, the Owner
and the Supplier agree as follows:
1.) MATERIALS AND SERVICES TO BE SUPPLIED
One SILKTEK CYCLONE DECKTOPPER flume at 70.5 feet in length. Materials and Services to be
Supplied are as indicated on the attached Whitewater Quotation and Scope of Work, attached hereto
as Attachment A. Scope of Work shall include "Supervision of Installation Only" and not "Installation",
as provided for the Scope of Work. Materials also include a pump for the slide. Delivery of materials
is included. Colors shall be selected by Owner.
The total amount listed hereto does not include sales tax.
a. All materials furnished under this agreement is to be delivered FOB Jobsite in strict accordance with
the plans and specifications as prepared by EDA Architects, Architect and/or Engineer, for the
construction of the Grand County Recreation & Aquatic Center Project for the City of Moab, Owner,
with Hogan & Associates Construction, (CMAR) Contractor; together with all addenda or authorized
changes issued prior to the date of execution of this agreement, all of which are hereby incorporated by
reference.
b. The Owner and the Supplier agree to be bound by the terms of the prime contract agreement,
construction regulations, general conditions, plans and specifications, and any and all other contract
documents, if any there be, insofar as applicable to this agreement.
2.) DELIVERY OF MATERIAL
a. The Supplier shall prosecute shop drawings, color schedules and other necessary information
required before ordering material in a prompt and diligent manner. It is the Supplier's responsibility to
see that delivery of materials does not cause delay, interfere with or hinder the work of the Owner or
any sub -contractor. All materials shall be delivered to the job site and suitably stored on or before
ninety (90) days from the date of approval in writing of shop drawings by the CMAR, Architect and
1
Owner. Shop drawings and color choices shall be submitted by Supplier to CMAR, Architect and Owner
for review and approval no later than twenty one (21) days from the date of execution of this contract.
b. In the event the Supplier neglects and/or fails to supply or deliver the necessary materials within the
time allowed in the construction schedule, in the opinion of the Owner, then the Owner shall notify the
Supplier in writing, setting forth the deficiency and/or delinquency, and five days after date of such
written notice, the Owner shall have the right if he so desires, to purchase all of the material or any part
thereof, from any available source.
c. All costs incurred by the Owner shall be charged against any monies due or to become due the
Supplier. In the event the total amount due or to become due the Supplier shall become insufficient to
cover the costs accrued by the Owner in furnishing the necessary material, then the Supplier shall be
bound and liable unto the Owner for the difference.
d. The Supplier shall be responsible for the material delivered until completion and final acceptance of
the contract by the Owner. In the event defects are discovered, the Supplier shall proceed promptly to
make repairs or replacement of the material at his own expense as directed by the Owner.
e. In the event that all materials are not delivered to the Owner in conformity with the contract
specifications on or before the Delivery Date, then Supplier agrees to immediately add additional crews
and overtime to project to make up any lost time due to late shipments — at no additional cost to the
Owner.
3.) CHANGES, ADDITIONS AND DEDUCTIONS
a. The Owner may add to or deduct from the amount of material covered by this agreement, and any
changes made in the amount of material involved, or any other parts of this agreement, shall be by a
written amendment hereto setting forth in detail, the changes involved and the value thereof, which
shall be mutually agreed upon between the Owner and the Supplier.
b. The Supplier shall not sublet, transfer or assign this agreement or any funds due, or become due, or
any part thereof, without the written consent of the Owner.
4.) PAYMENTS
The Owner is to pay to the Supplier for the complete and satisfactory delivery of the herein described
materials and services in the sum of sixty-two thousand dollars and no cents ($62,000) in payment of
100% of the materials and services supplied. Sales tax shall not be charged. Payment will be in
accordance with invoices prepared by the Supplier and approved by the Owner, Architect, and the
CMAR, as to be accurate and complete. The payment schedule shall be as follows: eighteen thousand
six hundred dollars and no cents ($18,600), payable no later than twenty days from the execution of
this agreement; and thirty seven thousand two hundred dollars and no cents ($37,200) payable upon
delivery to the Site. The final balance of six thousand dollars and no cents ($6,000) shall be paid no
later than twenty (20) days from the date of certification in writing by the Architect CMAR and Owner
that all performances owing by the Supplier are complete.
2
5.) DISPUTES
a. This contract is governed by Utah law. In the event of any dispute between the Owner and the
Supplier arising from this contract the parties agree to engage in mediation before a mutually
acceptable mediator as a condition precedent to either party commencing any judicial action. Each
party shall pay its own respective attorney fees in mediation and be responsible for one half of the total
mediation cost.
b. The sole venue for any dispute arising from this contract shall be the Seventh Judicial District Court,
Grand County, Utah. The parties irrevocably waive a jury trial for any claims arising from this contract,
all of which shall be tried to the court. In any judicial proceeding arising from this contract the court
shall award reasonable attorney fees and costs to the substantially prevailing party, in addition to any
other relief provided herein.
c. In any dispute arising from this contract the parties may recover such other damages as may be
provided by law including, without limitation: damages for the contract price; damages for cover or
procurement of substitute goods; incidental damages; or the like. In no event shall either party be liable
to the other for consequential damages.
6.) WARRANTY AND INSURANCE
a. The Supplier warrants to the Owner that the materials shall be of new manufacture, delivered in
good and merchantable condition, and in conformity with all designs and specifications in the Contract
Documents. Supplier further warrants that the materials are suitable for the intended purposes of the
Owner, as set forth in the Contract Documents and specifications provided to Supplier. The Supplier
agrees to make good and repair (or replace as necessary), without cost to the Owner, any and all
materials or work exhibiting faulty or defective materials, design, or workmanship which may appear
within the period so established in the Contract Documents; and if no such period be stipulated in the
contract documents, then such warranty shall be for a period of one year from date of substantial
completion of the project, as certified by the Architect. The Supplier further agrees to execute any
special guarantees as provided by terms of the contract documents prior to final payment.
b. If, in the course of its performance under this Contract, the Supplier discovers any condition, event,
or circumstance including, by way of example only, any: departure from specifications; adverse
geotechnical condition; or construction defect; which might jeopardize its performance or the
warranties provided, Supplier shall promptly notify the Owner and CMAR with respect to any such
matter.
c. Supplier will procure at its sole cost certificates of insurance, in amounts not less than the sum
specified in Section Five, above, covering loss, risk, or damage to the materials while in transit or while
stored on Owner's premises prior to substantial completion. Said certificate will furnish language as
3
5-2
"Property of other coverage, storage at (provided physical address of warehouse) for a value of (amount
billed for) for job (name of job)".
6.) WAIVER OF MECHANIC LIENS
Supplier acknowledges that the materials to be supplied under this contract are to be incorporated into
publicly owned real property which is exempt from claims under the Utah Mechanic Lien Act, and for
which payment and performance bonds have been posted by the CMAR. Supplier hereby waives and
releases any rights to assert a mechanic lien under the Act.
7.) TERMINATION OF AGREEMENT
In the event the Owner terminates the project prior to its completion, which right is expressly reserved
by Owner, then the Owner and Supplier agree that the compensation payable to Supplier shall be
equitably adjusted based upon the percentage of completion attained as of the date of termination,
relative to the total contract price.
8.) INTEGRATION, MODIFICATION, AUTHORITY
a. This contract, including the specifications and contract documents incorporated by reference, is the
sole and complete agreement of the parties, superseding any and all prior agreements or
representations, however described. This contract shall only be modified in writing, and as duly
approved by both parties in the manner provided by law.
b. This contract is a valid, binding, and enforceable obligation of the parties, executed after obtaining all
necessary authority.
Agreed and accepted, effective as of the date(s) set forth below:
Whitewater West Industries CITY OF MOAB
Supplier Owner
By: By:
Mayor David Sakrison
Date: Date:
4
Print Print
Name: Name:
Its: Attest:
Rachel Ellison, City Recorder
ATTACHMENT A
WHITEWA1 ER,
Quotation and
Scope of Work
Statement
PROJECT: Grand County Recreation Center
LOCATION: Moab, Utah
DATE: March 29, 2010
The water slide package includes the design, manufacture and supply of the equipment as stated herein, and
per our standard contract. For a copy, please call. This quotation is based on Whitewater drawing "Moab
Aquatic Center" Project 16898, Sk-2. Final design may vary with site conditions and other constraints.
I. DESIGN SERVICES
A. Four (4) sets of engineered drawings for:
l) slide path design,
2) structural support system,
3) starting tower, platform and stairway,
4) schematic drawings for slide mechanical system.
B. The required information for submission to regulatory authorities, submitted by others.
C. Engineered drawings sealed by a Professional Engineer.
D. Two (2) copies of Operations and Maintenance Guidelines.
II. EQUIPMENT MANUFACTURE AND SUPPLY
Includes the manufacture and supply of the following:
Waterslide:
Starting Tower:
Landings/Treads:
Slide Supports:
One SILKTEK CYCLONE DECKTOPPER flume at 70.5 feet in length.
Fiberglass flume come complete with start and pool entry sections per
attached drawing 16898, Sk-2 and from a starting elevation of 16 feet.
One pre -fabricated bolt -up tower constructed of painted hot dip galvanized steel.
Railing systems are painted galvanized steel.
Landings are stairway sections with closed stair risers are designed as Fibredek
fiberglass. Width of stair treads is as per the standard Cyclone drawings.
Steel support columns, arms, and yokes with all necessary nuts, bolts and washers
designed for bolt -up installation. All steel is hot dip galvanized. Anchor bolts are
included.
Flume Hardware: All fiberglass sections are factory pre -drilled to decrease on site installation time. All
necessary joint hardware is stainless steel. Joint sealant is polyurethane non -shrink
compound.
Warranty: Complete one (1) year unlimited warranty on defects in workmanship and materials.
Ill. INSTALLATION SERVICE OPTIONS
A. Supervision of Installation Only: Whitewater will provide a fully experienced and capable job
supervisor to assist and train your crew for 5 days during the assembly and erection. Fine-tuning,
testing, and safety certification will be provided at no charge only if the slide is ready for operation
during this period. Any additional site visits will be charged at $750 per day, plus travel and
expenses, if return visits are necessary. Additional days of supervision can be added if desired at
ATTACHMENT A
an additional cost. All labor, materials, and equipment necessary to complete installation works
are by others.
B. Installation: As an addition to our Supervision Only service, Installation includes all labor,
materials, and equipment to complete the installation of the slide, tower, steel supports, and
mechanical system, complete with cleaning and waxing of the slide all in accordance with the
engineered drawings and principles of good workmanship. Price does include Prevailing wages,
but not Union labor, and if they are required, a price adjustment will be necessary.
IV. TO BE PROVIDED BY OTHERS
A. Any building permits, fees, performance and payment bonds, licenses, any and all Taxes,
submissions, soils reports and surveying, or additional site visits. If required, on -site inspections
by an Engineer registered in the State are billed as extra.
B. Minimum six inch reinforced concrete slab under the entire structure.
C. All mechanical systems including all pumps, piping, valves and installation providing 60gpm to
the open slide entry box. Slide entry is pre -plumbed with two PVC female couplings.
D. All electrical works, including bonding. All pool and concrete works. Any inner tubes, rafts, deck
barriers, fencing, landscaping, gate, signage, canopies, awnings, lighting, or emergency shut-off
switches. Grouting and/or tiling of pool wall if required. Any wall penetrations and/or sealing.
Any rock work, custom colors, or theming. Transparent or translucent flume sections.
E. Any items not specifically stated above.
V' PRICING
Slide Complex with 5 Days of Supervision $58,500.00
Installation by Whitewater add + $22,500.00
Equipment delivered F.O.B. jobsite. The price quoted is valid for forty five (45) days. If you would like it
open for longer than 45 days, please let us know ahead of time. No warranties are valid until final payment
is received. Approximate lead time is 14 weeks from deposit.
TERMS OF PAYMENT:
Delivery of Engineering Drawings 30%
Delivery of Equipment to Site 60%
Certification 10%
* Local or state taxes if applicable are not included. *
Please apply local tax rate to the taxable amount to figure out the taxes, if required.
Full Service Innovator & Supplier to theClgbieMpf. lxdustry
6700 McMillan Way, Richmond, BC, Canada V6W 1J7, Tel: 604-273.1068. FiR568447
WHI 1 EWATER
www.whit
CYCLONE
RIDE LENGTH : 70.5 Ft. (21.5 M)
RIDE HEIGHT : 16.0 Ft. (4.88 M)
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This document is copyright and the proprietary information herein are the sole property of Whitewater West Industries Ltd. and may not be reproduced or distributed without prior consent of Whitewater
i
TOW E R
T.O.PLATFORM
EL. 16.0 Ft.
0 5 10
20
Scale in Feet
1 inch = 10 feet
III
(.-PROJECT NAME
/ MOAB AQUATIC CENTER
MOAB, UTAH
DRAWING TITLE
SLIDE PATH LAYOUT
DATE
AUG 26/2009
DRAWN
A.H.
MODEL
PROJE
168
DESIGN
M.H.
SCALE
1 "=10'-0"
SKETCH
SKI
' �
Wsts
Ltd.
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-4135
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCKI
To: Mayor and City Council
From: Donna Metzler, City Manager
Date: May 7, 2010
Subject: Amendment #1 to Improvements Agreement with Moab Valley Health
Care
As you may recall, the approved site plan for the Moab Regional Medical Center included
an extensive storm drain system, which was shown on the project construction drawings.
The storm drain system for the portion of the site located on the north side of the building
consisted of a 15-inch diameter storm drain line fed by several drainage inlets located
along the access road, parking areas and similar. This portion of the system was designed
to drain to a detention basin that was to be constructed in the northwest corner of the
project site. As part of the City's overall Stewart Canyon Outfall storm water drainage
configuration, city engineering staff determined that it would be prudent to construct a
large (60-inch) diameter storm drain trunk line following an alignment similar to that of
the 15-inch storm drain system designed for the hospital project.
Moab Valley Health Care has agreed to upsize the proposed storm drain from 15-inch
diameter to a 60-inch diameter line. This change eliminated the need for the retention
basin and some of the proposed inlets. Since the City and Moab Valley Health Care have
in place an improvements agreement for the Medical Center Project, and since this
agreement contemplated upsizing of the storm water drainage facilities, and since Moab
Valley Health Care has a contract with Hogan Construction to complete all required
improvements for the Medical Center project, an amendment to this improvements
agreement is the most efficacious way to construct and pay for the upsized storm drain. I
have attached the original Improvements Agreement for the Moab Regional Medical
Center for your reference. Amendment #1 to the Improvements Agreement provides that
the City will pay for the upsized portion of the line. It also shows the updated plans for
the storm water system for the project.
You may also recall that the City Council approved an amendment to the City budget
providing for the construction of these up -sized improvements. The amount provided for
in the amended budget for these improvements was $293,000. These funds come from
the Storm Water Utility Fund. Moab Valley Health Care has received a quote from
Hogan Construction to complete the 60-inch line, along with an additional manhole, for a
total price of $261,812. The quotes for these two items are shown in Exhibit E to
Amendment #1 to the Improvements Agreement.
I recommend approval of Amendment #1 to the Improvements Agreement with Moab
Valley Health Care.
ADM-MEM-10-05-001
1
5-3
IMPROVEMENTS AGREEMENT
For
Public Improvements associated with the Moab Regional Medical Center Project
The CITY OF MOAB, a Utah municipal corporation (hereinafter "CITY"), and
MOAB VALLEY HEATH CARE, INC, a Utah non-profit corporation (hereinafter
"MVHC"), mutually referred to as the "Parties", do hereby enter into the following
Agreement covering the responsibilities for the design, construction, and maintenance of all
public improvements associated with the Moab Regional Medical Center complex
(hereinafter: the "Facility").
I. RECITALS.
A. MVHC has submitted to the CITY for approval architectural and engineering
plans and drawings (hereinafter: the "Plans" or "Drawings") having been
prepared by Architectural Nexus (hereinafter: the "Project Architect"). The
Plans depict the public improvements associated with the Facility in detail,
specifically the drawing sheet titled AS-101, which shows the entire site and
all site improvements (hereinafter: the "Final Site Plan').
B. The Plans have been thoroughly reviewed by city staff including but not
limited to the Planning Department, the Engineering Department, the Public
Works Department, the Building Department, and the Fire Authority.
C. The City Planning Commission, as the designated land use authority for
approving commercial site plans, has fully considered the Plans and has
determined that the Plans are in accordance with city zoning ordinances and
existing easements and restrictive covenants that affect the subject property.
D. The City Planning Commission conditionally approved the Final Site Plan at
its regular meeting held April 23, 2009.One of the conditions of said approval
was the subsequent approval of an Improvements Agreement between the
CITY and MVHC.
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE RECITALS, AND THE APPROVAL OF
THE FINAL SITE PLAN BY CITY, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Covered Property. The property subject to this Agreement (hereinafter; the
"Property") is a parcel of real property located in Grand County, Utah more
particularly described in the legal description attached as "Exhibit A".
Improvements Agreement
Moab Valley Health Care
Page 2 of 6
2. Covered Public Improvements. The public improvements covered by this Agreement
are all site, utility, and street improvements associated with the Facility shown on the
Final Site Plan and more particularly described in the Table of Public Improvements
attached as "Exhibit B" (hereinafter: the "Public Improvements") The responsibility
for design, construction, and long term maintenance of the Public Improvements shall
be as set forth in said Exhibit B.
3. Standards for Improvements. The Public Improvements shall be completed in
conformance with the approved Plans. All changes to the Plans must be authorized in
writing by the Project Architect and the City Engineer. In addition, all improvements
shall be completed in conformance with the City of Moab Public Improvement
Specifications and all state and federal regulations as applicable. Where discrepancies
occur between the Plans and the listed reference standards, the reference standard
shall prevail.
4. Quality Assurance . All work on the Public Improvements shall be subject to quality
assurance testing and inspection as specified in the Plans and/or applicable reference
standards. Quality assurance testing shall be performed by a qualified testing
company and copies of detailed records of all test results shall be submitted to CITY.
The prime contractor performing the work for MVHC (hereinafter: the "Project
Contractor") may be required to uncover and replace any work that was not tested in
accordance with this paragraph. The Project Contractor shall provide 48 hours
minimum notification to CITY as applicable when inspection by city personnel is
required. The Project Contractor shall provide assistance as appropriate to City
personnel performing the testing. The costs associated with all quality assurance
testing and inspection shall be the responsibility of MVHC or the Project Contractor.
5. Timeline for Completion. Construction of all Public Improvements for the Property
shall be completed within two years from the date of this agreement. A reasonable
extension of time for the completion of improvements may be granted, at the
discretion of the City Council, upon a showing by the MVHC that there is good cause
for an extension and that the work has been diligently prosecuted from the date of
this Agreement.
6. Easements. The Company will grant easements to CITY or General Public as
appropriate to accommodate the placement, use and/or operation of the Onsite
Culinary Water Facilities, the Onsite Storm Drainage Facilities, and the Trails &
Pathways to enable the Public Improvements to perform the functions
contemplated hereunder.
7. Acceptance of Improvements, Warranty. Upon satisfactory completion of the Public
Improvements as evidenced by inspection and/or test results as applicable, CITY
shall take ownership of those portions of the improvements designated for city
ownership as set forth in Exhibit B.
MVHC warrants that all public improvements dedicated to CITY shall be constructed
in a workmanlike manner and in accordance with approved plans and specifications,
Improvements Agreement
Moab Valley Health Care
Page 3 of 6
and that all such improvements shall be free of defects in materials and workmanship
for a period of one (1) year from the date of acceptance by CITY.
(a) MVHC shall promptly repair or replace any defective work following receipt
of written notice under this warranty from the CITY.
(b) MVHC additionally warrants that all public improvements shall be delivered
free and clear of any lien or encumbrance.
8. Performance Guaranty. CITY will require a Performance Guaranty in the form of a
payment and performance bond to be secured to guarantee the successful completion
of the Public Improvements.
(a) Contemporaneous with the execution of this agreement, MVHC and/or the
Project Contractor shall secure a payment and performance bond from a
licensed surety company, for the use and benefit of CITY and/or any
subcontractors, laborers, or suppliers providing labor or materials for
construction of the Public Improvements.
(b) The bond shall be in an amount equal to one hundred fifty percent (150%) of
the estimated construction cost of all Public Improvements as determined by
the Public Improvements Cost Worksheet attached hereto as "Exhibit C".
(c) The bond shall remain in effect until release is authorized in writing by
CITY.
9. CITY's Use of Performance Guaranty upon Default. Upon written certification by
the City Manager that MVHC has failed to perform its obligations under this
Agreement, within the time period set forth in this Agreement, and if the CITY
intends to proceed with the task of installing any or all of the Public Improvements
covered by this Agreement, CITY shall initiate the necessary proceedings with the
surety company holding the bond.
10. Zoning Compliance. Certificates of Occupancy for structures within the Property
shall only be issued upon satisfactory completion and acceptance of all Public
Improvements as stipulated herein.
11. Default, Remedies, Lapse of Approval. All provisions of this Agreement are material
and any violation is grounds for declaration of Default. Prior to invoking any
remedies for Default under this Agreement the CITY shall deliver written notice to
the MVHC describing the act, event, or omission constituting same, and allowing
MVHC a period of not less than thirty (30) days in which to cure or abate the
violation, cure within that period reinstates this Agreement. Upon declaration of
default the CITY may exercise any remedies for violation available under City
ordinances or Utah statutes, including, without limitation, proceeding against the
Improvements Agreement
Moab Valley Health Care
Page 4 of 6
payment or performance bonds; withholding building permits or certificates of
occupancy/zoning compliance; an action to enjoin or abate zoning violations;
recording of a lapse of plat, in whole or in part; and any other remedies available at
law or equity, including specific performance or injunctive relief.
12. General Provisions. This Agreement shall be binding on and inure to the benefit of
the successors and assigns of MVHC in the development of all or any portion of the
Property. Prior to assigning any or all of his rights and duties under this Agreement
MVHC shall obtain from any transferee a written assumption acknowledging and
agreeing to be bound by this Agreement.
(a) This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent to
which either party participated in the drafting.
(b) Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims arising
with respect to later or subsequent breaches, acts or omissions.
(c) The term "Agreement" includes this Improvements Agreement, all exhibits
hereto, the Final Plat/Plan for the project, and all related design drawings,
which documents shall constitute the sole and complete Agreement between
the parties. The Agreement shall supercede all prior Agreements or
representations, however evidenced. No modifications to any of the terms of
this Agreement shall be binding, unless reduced to writing and lawfully
executed by both parties.
(d) The place of performance of this Agreement is Grand County, Utah. In the
event of any legal dispute concerning the subjects of this Agreement, the
parties stipulate to venue in the Seventh Judicial District Court, Grand
County, Utah. In any such proceeding the parties waive trial to a jury on all
claims and agree that the action shall be tried to the court.
(e) In any legal proceeding concerning the terms of this Agreement the
substantially prevailing party shall be entitled to recover its reasonable
attorney fees and court costs in addition to any other relief authorized herein.
(f) This Agreement shall be governed by Utah law.
(g) This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that;
(i) the Project is a private development;
(ii) the CITY has no interest in, responsibilities for, or duty to third
parties concerning any improvements to the Property, unless the
CITY accepts the improvements pursuant to this Agreement;
(iii) and except as otherwise provided herein, MVHC shall have full
5-3
Improvements Agreement
Moab Valley Health Care
Page 5 of 6
power and exclusive control of the Property.
(h) The provisions of this Agreement are severable, and if any portion should be
held to be void or unenforceable, then the remainder of this Agreement shall
be construed to be in full force without reference to the invalid provision.
(i) In the event of any legal dispute concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
(j) All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To CITY:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To MVHC:
Moab Valley Health Care, Inc.
719 West 400 North
Moab, Utah 85432
Roy Barraclough, CEO/Administrator
(k) Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time.
Improvements Agreement
Moab Valley Health Care
Page 6 of 6
IN WITNESS WHEREOF, this Agreement has been executed by the City of
Moab, acting by and through the Moab City Council, which has duly authorized
execution, and by MVHC as of the date(s) specified below.
CITY:
City of Moab
Mayor David L. Sakrison Date
ATTEST:
Rachel Ellison
City Recorder
MVHC:
MOAB VALLEY HEALTH CARE, INC
By:
Date
Title: Roy Barraclough, CEO/Administrator Date
WITNESS:
Title: Date
STATE OF UTAH
COUNTY OF GRAND
)
)§
)
The foregoing agreement was executed before me
by , this day of , 20. Witness
my hand and official seal. My commission expires:
Notary Public, State of Utah
Address:
5-3
EXHIBIT A
Legal Description of the Property
A parcel of land located in the Northwest 1/4 of Section 1, Township 26 South and
Range 21 East of the Salt Lake Base and Meridian, County of Grand, State of Utah more
particularly described as follows:
Beginning at a point located on the easterly right-of-way line of 500 West
Street, said point being the Northwest corner of the subject parcel. Said corner
bears S 00°49' E a distance of 1022.3 ft., thence S 00°39' W a distance of
269.93 feet from the Northwest Corner of Section 1, Township 26 South and
Range 21 East of the Salt Lake Base and Meridian.
And proceeding thence S 00°39' W a distance of 532.87 feet to a corner;
Thence N 88°52' E a distance of 1026.97 feet to a corner;
Thence N 00°58' W a distance of 512.60 feet to a corner;
Thence East a distance of 1012.08 feet to the Point of Beginning.
Bearings are based on the North Section line of the Northwest 1/4 of Section 1
Township 26 South and Range 21 East of the Salt Lake Base and Meridian, whose bearing is
taken to be N 89°54' E.
EXHIBIT B
Table of Public Improvements
(Moab Regional Medical Center Project)
Public
Improvement
Who designs and pays for the
design of this improvement
Who constructs and pays to
construct this Improvement
Who maintains and pays to maintain
this Improvement
Who Owns the
Improvement
Offsite Roads —
Williams Way
MVHC designs and produces
construction drawings.
City reviews and approves.
MVHC pays for design.
MVHC constructs and pays for
construction.
City to maintain Williams Way and City
pays to maintain.
City
Offsite Roads —
500 West Street
City designs and produces
construction drawings.
City pays for design.
City constructs and pays for
construction.
City to maintain Williams Way and City
pays to maintain.
City
Onsite Roads &
Parking
MVHC designs and City reviews
and approves. MVHC pays for
design
MVHC constructs and MVHC
pays for construction.
MVHC to maintain and pays to maintain.
MVHC, subject to
public access
easements
Onsite Trails/Pathways
MVHC designs and City reviews
and approves. MVHC pays for
design.
_
MVHC constructs and MVHC
pays for construction,
MVHC to maintain in conjunction with
other MAPS project partners. MVHC
pays to maintain.
MVHC, subject to
public access
easements
Onsite Culinary Water
Facilities
MVHC designs and City reviews
and approves. MVHC pays for
design
MVHC constructs and MVHC
pays for construction.
City to maintain lines up to point of meter
vault(s); MVHC maintains lines from
meter vault(s) to point of use.
City to own lines up
to point of meter
vault(s).
Onsite Sewer Facilities
including Sewer
Pumping Station
MVHC designs and City reviews
and approves. MVHC pays for
design.
MVHC constructs and MVHC
pays for construction. Typical
Sewer Connection and Impact Fees
will be imposed and collected.
MVHC to maintain and pays to maintain.
MVHC
Stormwater Drainage
Improvements
MVHC designs and City reviews
and approves. MVHC pays for
design.
MVHC constructs and pays for
construction. City will reimburse
costs associated with upsizing
facilities to accommodate offsite
drainage.
MVHC maintains and pays to maintain
all parts of system that carry solely onsite
drainage. City maintains and pays to
maintain all parts of system that carry
both onsite and offsite flows.
MVHC owns all parts
of system that carry
solely onsite
drainage. City owns
all parts of system
that carry both onsite
and offsite flows.
EXHIBIT C
PUBLIC IMPROVEMENTS BONDING WORKSHEET
PROJECT NAME:
PROJECT TYPE:
OWNER:
GENERAL CONTRACTOR:
REQUIRED IMPROVEMENTS
Moab Regional Medical Center
Commerical Development
Moab Valley Health Care
Hogan Construction
Cat a
^t ✓
• . !bi
Y 3 ��p fg
7
iSLfib"r•e:�lfe.go?V�
9. .a
Teel
., ;tsy
.??IP
ifir e d 'e as •r ; i � wr
.. il"..gi ,
{ r�
gg':Cv�,��e,
. .e
T zi-fi _
tirrG ,
�$4;
STREET,
PARKING, &
PATHWAY
IMPROVEMENTS
R-O-W
FRONTAGE
IMPROVEMENTS
1
Improvements to Williams Way frontage including street
widening, curb & gutter, driveway entrances, and
sidewalk/pathway
LS
$ 44,958
2
Improvements to 500 West Street frontage.
Improvements limited in scope as most work will be
accomplished by City street project
LS
$ 3,481
INTERNAL
ROADS AND
PARKING
3
Internal roads and parking including all earthwork, base
course, paving, curb & gutter, and striping & signage
LS
$ 581,250
PUBLIC
MULTIUSE
PATHWAYS
4
Public pathways (paved, shared use, bi-directional),
including all earthwork, base material, paving, striping,
signage, & appurtenances)
LS
$ 224,011
UTILITIES
CULINARY
WATER
5
Onsite culinary water system Including mains, hydrants,
meter vaults, and service lines
LS
$ 269,445
SEWER
6
Onsite sewer collection system including all service
lines, mains, and private sewer pumping station up to
poin of connection to City system.
LS
$ 129,475
STORM
DRAINAGE
STORM DRAINS
7
Onsite stormwater drainage system Including all storm
drains, basins, drainage structures, and accomodation of
upstream flows.
LS
$ 270,679
CITY APPROVAL:
By:
D lel Sten City E
Construction Subtotal
Required Contingency
Total Required Bond Amount
Date
1,523,300
761,650
$ 2,284,950
Amendment # 1
IMPROVEMENTS AGREEMENT
For
Public Improvements associated with the Moab Regional Medical Center Project
The CITY OF MOAB, a Utah municipal corporation (hereinafter "CITY"), and
MOAB VALLEY HEATH CARE, INC, a Utah non-profit corporation (hereinafter
"MVHC"), mutually referred to as the "Parties", do hereby enter into the following
Amendment # 1 to the Improvements Agreement covering the responsibilities for the design,
construction, and maintenance of all public improvements associated with the Moab
Regional Medical Center complex (hereinafter: the "Facility").
1. Section 2 of the original Improvements Agreement shall be amended to read as
follows:
Covered Public Improvements. The public improvements covered by this Agreement
are all site, utility, and street improvements associated with the Facility shown on the
Final Site Plan and more particularly described in the Table of Public Improvements
attached as "Exhibit B" (hereinafter: the "Public Improvements") The responsibility for
design, construction, and long term maintenance of the Public Improvements shall be as
set forth in said Exhibit B. In addition, MVHC shall construct the upsized storm water
drainage improvements as shown in Exhibit D. Exhibit D consists of sheet C103A,
C103B and 4.22.10 Moab City Revision SD-14 C103B. The City shall pay for the cost of
upsizing the storm drain system from the 15-inch system required for the Facility to a
60-inch diameter storm drain trunk line that will serve offsite needs in addition to Facility
needs, as well as the cost for the installation of an additional manhole, as shown in
Exhibit D. The estimated cost of said additional improvements is shown in Exhibit E.
Exhibit E consists of a cost estimate for the installation of the upsized 60-inch line and a
cost estimate for the installation of an additional manhole. The total estimate for the
improvements as shown in Exhibit E is $261,812.71. The parties agree that MVHC shall
invoice the City for the amount of the improvements upon completion of the work,
substantiated by invoices from the contractor for said work. The parties agree that if the
cost of the work exceeds the estimates shown in Exhibit E by more than 3%, the City
shall not be responsible for said cost unless agreed to in writing by both parties prior to
the completion of the work.
2. All other terms, conditions, specifications, time deadlines, and other material
provision of the original Agreement that are not expressly contrary to this
Amendment shall remain in full force and effect.
Improvements Agreement Amendment #1
Moab Valley Health Care
Page 2 of 3
IN WITNESS WHEREOF, this Agreement has been executed by the City of
Moab, acting by and through the Moab City Council, which has duly authorized
execution, and by MVHC as of the date(s) specified below.
CITY:
City of Moab
Mayor David L. Sakrison Date
ATTEST:
Rachel Ellison
City Recorder
MVHC:
MOAB VALLEY HEALTH CARE, INC
By:
Date
Title: Roy Barraclough, CEO/Administrator Date
WITNESS:
Title: Date
STATE OF UTAH
COUNTY OF GRAND
)
)§
)
The foregoing agreement was executed before me
by , this day of , 20. Witness
my hand and official seal. My commission expires:
Notary Public, State of Utah
Improvements Agreement Amendment # 1
Moab Valley Health Care
Page 3 of 3
Address:
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EXHIBIT D
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AR OHITECTLIRA
nexus
SALT LAKE CRY
LOOM MOW
`, Q VAN BOERUM
S FRANK
IF1116, ASSOCIATES INC,
. e. ee.1s1..I..e elenmes
Salt 1a11 Efts •Lowe • St a..w•I..F. • Fbw.r.
131 MAID* Est 1111530.1111 I
SAI W1 pq•IIT Y111 111,131.1111 F
MOAB REGIONAL
MEDICAL CENTER
450 WEST WILLIAMS WAY
MOAB, UTAH
1.1 .vv.v.wI
4.22.10 MOAB CITY REVISION
OGAN
& ASSOCIATES CONSTRUCTION
BILL TO:
PHONE:
FAX:
940 North 1250 West
Centerville, Utah 84014
Phone: (801) 951-7000
Fax: (801) 951-7100
Moab Regional Medical Center
Added Credits & Costs to Site Utilities for Tie-ins of Moab
City's Storm Sewer System
DATE:
NUMBER:
PROJECT:
PCO #
FOR WORK FROM:
RF P#008.01
3/9/2010
00.08.299
THROUGH
ITEM
NO.
DESCRIPTION
TYPE
COST DETAIL
LABOR
MATERIAL
EQUIP
OTHER
L
M
E
O
QUANTITY
UNIT
PRICE
AMOUNT
AMOUNT
AMOUNT
AMOUNT
ITEM
TOTAL
changes in utilities
Credit for Elimination of Sump Pit in Bottom of
Manholes
Manhole Connection to 30" Diameter Line in 500
West Street
x
x
1
1
Is
Is
(12,000.00)
7,474.00
(12, 000.00)
7,474.00
Install
Add Patch of 30" When Termporary Connection
is Removed
Add Box at Intersection of 30" Diameter Storm
Drain, 24" Diameter 812" Diameter Irrigation
Water Line
Patch 30" Diameter Water Line When Removed
S uPporH rc` »e goqu'ke otirrk,CY
x
X
x
x
1
1
1
1
Is
Is
Is
Is
1,023.00
500.00
2,000.00
500.00
500.00
500.00
2,000.00
1,023.00
(12, 000.00)
---1792370fr Y
CTJ
--588'6(7' —
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+ 00 G)
m
This document details work performed by Hogan & Associates Construction, Inc. or its subcontractors on behalf of the above listed entity in
accordance with the Contract Documents. The GRAND TOTAL is now due in full. Interest at the rate of 1.5 A per month may be charged
on balances more than thirty days overdue.
Signature:
01
1
U:\Copy of 299 changes in utilitys xls 60" ads.xls
3// eporo
(f)etA j4 006 �
f l0
TOTAL FROM THIS SHEET
TOTAL OTHER CHANGES
GRAND TOTAL
$ C6P
$ 260, 525.70
3/9/2010
CA)
940 North 1250 West
HOGAN Centerville, Utah 84014
Phone: (801) 951-7000
& ASSOCIATES CONSTRUCTION Fax: (801) 951-7100
EXHIBIT E -- PAGE 2
bid
BILL TO:
PHONE:
FAX:
OH&P:
DATE:
NUMBER:
PROJECT:
PCO #
FOR WORK FROM:
4/28/2010
moab city
AS I#019.01
THROUGH
10% 10%
10%
10%
ITEM
NO.
DESCRIPTION
TYPE
COST DETAIL
LABOR
AMOUNT
MATERIAL
EQUIP
OTHER
ITEM
TOTAL
L M E
O
QUANTITY
UNIT
PRICE
AMOUNT
AMOUNT
AMOUNT
cost of 3x3 added 6' in depth
x
1
ea
650.00
650.00
650.00
cost of 1' extention
x
1
ea
265.00
265.00
265.00
cost of diging the 24" line 5' deeper
x
83
If
8.45
701.35
701.35
haul off spoils
x
81
yds
6.00
486.00
486.00
three concrete collars
x
3
ea
200.00
600.00
600.00
added 60" manhole
x
1
ea
1,647.20
1,647.20
1,647.20
install
x
1
ea
975.00
975.00
975.00
survey and layout
x
1
Is
450.00
450.00
450.00
freight / expidite
x
1
Is
550.00
550.00
550.00
supervission / foreman
x
1
Is
300.00
300.00
300.00
This dmment details work performed by Hogan & Associates Construction, Inc. or its subcontractors on behalf of the above listed entity in
accordance with the Contract Dna merits. The GRAND TOTAL is now due in full. Interest at the rate of 1.5% per i r u rth may be charged on
balances rim than thirty days overdue.
Signature:
SUBTOTALS
O H &P
750.00
75.00
3,162.20
316.22
2,162.35
216.24
550.00
55.00
6,624.55
662.46
GRAND TOTAL
$ 7,287.01
C:\Documents and Settings\donna\Local Settings\Temporary Internet Files\OLK689\299 added manhole asi #019 01.xls
5/6/20101
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAx NUMBER (435) 259-4135
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCK!
To: Mayor and City Council
From: Donna Metzler, City Manager V
Date: May 7, 2010
Subject: Communities that Care Memorandum of Understanding with Four
Corners Community Behavioral Health
Four Corners Community Behavioral Health (FCCBH) has put together a collaborative
arrangement that will allow our community to begin implementation of the Communities
that Care System. This system nationally recognized model aimed at reducing
prioritized risk factors and enhancing prioritized protective factors for young people in a
given community. The Communities that Care (CTC) System is described more fully on
the attached program description.
The collaborative arrangement provides for State and other funding to house the CTC
program under the auspices of the Moab Teen Center. It provides that the City will
receive outside monetary contributions to implement this program. It also provides that
the City will contribute both in -kind and cash resources toward the collaboration.
The attached Memorandum of Understanding (MOU) between the City and FCCBH
formalizes this collaborative effort. Note that the agreement requires the City to
contribute $1,000 in its budget toward implementation of the program, along with staff
hours to be performed by the Teen Center Director. It also recognizes the City's in -kind
contribution of space and office support for the program.
If approved, the MOU will require an adjustment to the Tentative 2010-11 Fiscal Year
Budget. We will need to show $8,000 in additional revenues from FCCBH, and an
additional allocation of city funds of $1,000, for a total adjustment of $9,000.
City staff believes that the City can fully accommodate the needs of this collaborative
arrangement. If approved, I will make a recommendation as to the reallocation of the
$1,000 needed to fulfill the City's obligation under this agreement.
ADM-MEM-10-05-002
1
5-4
The Communities That Care System
There are Five Phases of the process used in the Communities That Care System:
Phase One: Getting Started
Phase One includes a readiness assessment to ensure that the community is ready to start the
Communities That Care process, and identification of key individuals and organizations to lead
the effort.
Specific tasks of Phase One:
• Define the community to be involved.
• Recruit a Champion (a community leader) to guide the process.
• Assess community conditions, activities and initiatives that may affect readiness.
• Identify building blocks and stumbling blocks.
• Identify community stakeholders who need to be involved.
Phase Two: Organizing, Introducing, Involving
Phase Two involves building the coalition of individuals and organizations to involve and
building on existing initiatives that address health and safety issues.
Specific tasks of Phase Two:
• Involve and educate identified stakeholders.
• Develop a vision for the future of the community's children.
• Put an organizational structure in place to help the community move toward the vision.
Phase Three: Developing a Community Profile
Phase Three involves collecting community -specific data and constructing a profile from the
data which allows the community to analyze its unique strengths and challenges.
Specific tasks of Phase Three:
• Collect data on risk factors, protective factors and problem behaviors.
• Analyze the data to determine priority risk and protective factors on which to focus the
community's efforts and resources.
• Identify and assess community resources that currently address these priority risk and
protective factors.
5-4
" I d e n t i f y a n y g a p s t o b e f i l l e d i n e x i s t i n g r e s o u r c e s b y e x p a n d i n g t h e r e s o u r c e s o r
i m p l e m e n t i n g n e w t e s t e d , e f f e c t i v e a p p r o a c h e s .
P h a s e F o u r : C r e a t i n g a C o m m u n i t y A c t i o n P l a n
P h a s e F o u r i n v o l v e s d e f i n i n g c l e a r , m e a s u r a b l e d e s i r e d o u t c o m e s u s i n g t h e r i s k - a n d
p r o t e c t i v e - f a c t o r p r o f i l e ; r e v i e w i n g t e s t e d , e f f e c t i v e p r o g r a m s , p o l i c i e s a n d p r a c t i c e s f o r
r e d u c i n g p r i o r i t i z e d r i s k f a c t o r s a n d e n h a n c i n g p r i o r i t i z e d p r o t e c t i v e f a c t o r s ; a n d c r e a t i n g
a c t i o n p l a n s f o r p u t t i n g n e w t e s t e d , e f f e c t i v e p r o g r a m s , p o l i c i e s a n d p r a c t i c e s i n p l a c e . I t a l s o
i n c l u d e s d e v e l o p i n g a n e v a l u a t i o n p l a n f o r c o l l e c t i n g a n d a n a l y z i n g d a t a t o m e a s u r e p r o g r e s s
t o w a r d d e s i r e d o u t c o m e s .
P h a s e F i v e : I m p l e m e n t a n d E v a l u a t e
P h a s e F i v e i n v o l v e s f o r m i n g t a s k f o r c e s t o p u t e a c h t e s t e d , e f f e c t i v e p r o g r a m , p o l i c y o r
p r a c t i c e i n p l a c e ; i d e n t i f y i n g p o l i c y m a k e r s , o r g a n i z a t i o n s , s e r v i c e p r o v i d e r s a n d p r a c t i t i o n e r s
t o i m p l e m e n t t h e c h o s e n a p p r o a c h e s a n d t r a i n i n g t h o s e i m p l e m e n t e r s i n t h e c h o s e n a p p r o a c h e s .
I t a l s o i n v o l v e s b u i l d i n g a n d s u s t a i n i n g c o l l a b o r a t i v e r e l a t i o n s h i p s a m o n g o r g a n i z a t i o n s a n d
o t h e r s t a k e h o l d e r g r o u p s t h a t i m p l e m e n t t h e c h o s e n a p p r o a c h e s a n d d e v e l o p i n g i n f o r m a t i o n
a n d c o m m u n i c a t i o n s y s t e m s t o s u p p o r t t h e c o l l a b o r a t i o n .
C o m m u n i t i e s i n t h i s p h a s e a r e e n g a g e d i n e d u c a t i n g a n d i n v o l v i n g t h e e n t i r e c o m m u n i t y ;
e v a l u a t i n g p r o c e s s e s a n d o u t c o m e s f o r p a r t i c i p a n t s ; e v a l u a t i n g o u t c o m e s f o r t a r g e t e d
p o p u l a t i o n a n d c o m m u n i t y , a d j u s t i n g p r o g r a m m i n g t o m e e t p l a n g o a l s ; a n d c e l e b r a t i n g
s u c c e s s e s . F o r m o r e c o m p l e t e i n f o r m a t i o n o n t h e C o m m u n i t i e s T h a t C a r e s y s t e m , p l e a s e v i s i t
t h e N a t i o n a l C l e a r i n g h o u s e f o r A l c o h o l a n d D r u g I n f o r m a t i o n ( N C A D I ) . I n p a r t i c u l a r , t h e
p u b l i c a t i o n e n t i t l e d " I n v e s t i n g i n Y o u r C o m m u n i t y ' s Y o u t h : A n I n t r o d u c t i o n t o t h e
C o m m u n i t i e s T h a t C a r e S y s t e m " i s a g r e a t p l a c e t o s t a r t !
M o a b C o m m u n i t y A c t i o n C o a l i t i o n - F o r a H e a l t h y M o a b C o m m u n i t y
MEMORANDUM OF UNDERSTANDING AS TO THE FUNDING OF THE COMMUNITIES
THAT CARE MODEL AND COORDINATOR POSITION OPERATING THROUGH THE
MOAB TEEN CENTER BY AND BETWEEN THE CITY OF MOAB ("CITY") AND FOUR
CORNERS COMMUNITY BEHAVIORAL HEALTH ("FCCBH")
RECITALS
WHEREAS, the Communities that Care (CTC) model is a nationally recognized program aimed
at reducing prioritized risk factors and enhancing prioritized protective factors for young people
in a given community; and
WHEREAS, the City operates the Moab Teen Center, which offers services for young people in
the Moab community; and
WHEREAS, the Moab Teen Center has available staff and other resources to implement the
CTC model in the City of Moab; and
WHEREAS, the Utah Division of Substance Abuse and Mental Health has agreed, through a
contract, to provide matching funds, payable to FCCBH, for all funds contributed towards the
implementation of the CTC model; and
WHEREAS, Grand County's Tobacco Prevention Program has agreed, through Memorandum of
Understanding, to provide funds, payable to FCCBH, towards the implementation of the CTC
model; and
WHEREAS, Four Corners Community Behavioral Health Center will administer Utah State
funds and Tobacco Prevention funds.
The parties agree as follows:
AGREEMENT
1. Financial Responsibilities. The parties hereby agree to contribute the following towards the
implementation of the CTC model:
• Moab City: $1,000 cash and $5,000 In -Kind ($3,000 = cost of space and utilities
@250/month for 12 months; $1,000 = supplies and equipment)
• FCCBH: $1,000 Tobacco Prevention monies
• Utah Division of Substance Abuse and Mental Health (through FCCBH): $7,000
matching grant
Said monies will be used to increase the Moab Teen Center Director position to cover time
allocated towards CTC coordination work. Said expenses may be used to pay for employee time
and benefits as well as trainings and supplies associated with the coordination and
implementation of the CTC model. Said expenses shall not include facility rent or utilities. The
City will cover all costs associated with rent and utilities already incurred by the Moab Teen
Center.
The parties agree that the monies contributed will, if funding is available, be renewed for two
additional years, for a total of three years. At the end of the three-year time period, scheduled for
1
June 30, 2013, the parties will review this agreement and determine whether to renew the
agreement.
2. Determination of Budget. Budget years shall begin on July 1 and end on June 30 of the
following year. For the initial year of the agreement, for the period of July 1, 2010 through June
30, 2011, the parties agree that the total budget (cash plus in -kind) shall be $14,000. The total
cash budget as reflected in the City's budget shall be $9,000. The contribution to be provided by
FCCBH shall be a minimum of $8,000 ($1,000 from Tobacco Prevention and $7,000 Utah State
Substance Abuse Prevention matching grant); the amount provided by the City will be $6,000
($1000 cash and $5,000 in -kind). Cash contributions may be used to cover employee time and
benefits, as well as trainings and supplies associated with the implementation of the CTC model.
3. Payment of Contribution. For the first year of this agreement, beginning July 1, 2010, each
entity will contribute the following to the City on or before December 31, 2010:
• FCCBH: $1,000 Tobacco Prevention monies and $7,000 Utah Division of Substance
Abuse matching grant
• The City will allocate its funds to the Moab Teen Center through the City budget process.
All additional contributions, if any, shall be made on or before April 30, 2011. If funds
are available, this agreement is renewable for an additional two consecutive budget years.
For subsequent budget years, the amounts listed above shall be contributed to the City on
or before August 30 of each year. Any additional contributions, if any, shall be made to
the City on or before January 31 of each year.
4. Provision of Services. The City agrees to support the CTC coordination, in the form of
approximately 4 hours per week of allocated staff time, as long as funds are available as
provided for in this agreement. If funds contributed from FCCBH are not submitted to the City
within 15 days after the payment due dates as provided for in Section 3, above, then the City
reserves the right to discontinue the services provided for herein.
5. Administration of Agreement. The parties agree that the City Manager and the FCCBH
Prevention Coordinator will administer this agreement.
6. Control of Property. Each parry to this agreement shall exercise control over its respective
property that is provided in fulfilling its obligations under this agreement. The parties agree that
FCCBH shall have no responsibility or liability associated with the operation of the Moab Teen
Center or the activities of the Moab Teen Center Program Director.
7. Effectiveness and Duration of Agreement. This agreement shall become effective
immediately upon its approval by each of the parties and by execution of the agreement by the
appropriate officials. This agreement shall remain in effect for one year, but shall be renewable
for an additional two years if funding is available. At the end of the 3-year time period,
scheduled for June 30, 2013, the parties will review this agreement and determine whether to
renew the agreement. All renewals shall be approved in writing by both parties.
2
5-4
DATED this day of , 2010.
ATTEST:
CITY OF MOAB, UTAH
By:
Rachel Ellison, City Recorder David L. Sakrison, Mayor
FOUR CORNERS COMMUNITY BEHAVIORAL HEALTH
By:
Jan Bodily, Executive Director
State of Utah )
County of Grand
On the day of , personally
appeared before me , who duly
acknowledged to me that they executed the same.
Notary Public
My Commission Expires: Residing in: Grand County
3
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR, CITY COUNCIL
FROM: LLOYD SWENSON WATER / SEWER SUPT.
SUBJECT: SCADA BID
DATE: 5/6/2010
It is my recommendation that we accept Fluid IQ's bid for the Scada System upgrade. Their bid
was for $50,300.00.
The other bids came in as follows:
Wetco $63,500.00
Browns Hill $79,400.00
Thank you
Lloyd Swenson
UTAH COUNTY BOARD OF HEALTH
REGULATION ON SMOKING IN OUTDOOR PUBLIC
PLACES
Under Authority of Section 26A-1-121
Utah Code Annotated, 2008
1.0 PURPOSE
1.1 The purposes of this regulation are to:
1.1.1 Protect public health, safety and general welfare by prohibiting smoking in
OUTDOOR PUBLIC PLACES under circumstances where other persons will be exposed to
the toxic effects of SECONDHAND SMOKE.
1.1.2 Protect the public and the environment from tobacco related litter and pollution.
1.1.3 Recognize the right of residents and visitors to the County to be free from
unwelcome SECONDHAND SMOKE and affirm a family -friendly atmosphere in the
County's public places.
1.1.4 Reduce the potential for children to associate SMOKING with a healthy lifestyle.
2.0 APPLICABLE LAWS AND REGULATIONS
2.1 Municipalities/Businesses/Organizations are required to comply with the following
applicable laws and regulations which are referenced below:
2.1.1 Utah Indoor Clean Air Act 26-38-1 to 9
2.1.2 Utah Indoor Clean Air Act Rule 392-510-1 to16
2.1.3 Utah Secondhand Smoke Amendments 57-8-16-7(b) & 57-22-5-1(h)
2.1.4 Utah Code for Local Health Authorities 26A-1-121
3.0 DEFINITIONS
3.1. "Public Park" means and includes city -owned parks, public squares, ball diamonds, soccer
fields, and other recreation areas, but not designated smoking areas specified by the city.
3.2. "Mass gathering" means an outdoor assembly of 100 or more people on city -owned
property that reasonably can be expected to continue for two or more hours.
3.3. "Smoke" or "smoking" means and includes: possession, carrying, or holding a lighted pipe,
cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or
emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted
smoking equipment.
4.0 CREATION OF SMOKE -FREE OUTDOOR PUBLIC PLACES
4.1 Smoking is hereby prohibited in public parks and within fifty (50) feet of mass gatherings.
5.0 EXCEPTIONS
5.1 This regulation does not apply to SMOKING areas for EMPLOYEES. Designated employee
SMOKING areas are subject to the Utah Indoor Clean Air Act 26-38-1-9.
5.2 This regulation does not apply in cities within Utah County in which the city has adopted,
by ordinance or by administrative policy, regulations governing smoking in public parks or
other public places.
6.0 PENALTIES AND ENFORCEMENT
6.1 Penalties
6.1.1 The Utah County Board of Health recommends the penalty for violating this
regulation be $25.00 for the first offense and $100.00 for subsequent offenses within a
two year period of the first violation.
6.2 Enforcement of Penalties
6.2.1 Any peace officer or city code enforcement officer may enforce the penalty of this
regulation.
7.0 POSTING OF SIGNS
7.1 No Smoking Signs shall be clearly posted in every OUTDOOR PUBLIC PLACE.
7.2 Signs shall include the international "No Smoking" symbol.
7.3 Signs shall be posted by June 1, 2009.
8.0 SEVERABILITY
8.1 In the event any court of competent jurisdiction should declare any particular clause or
sentence of this regulation invalid or unconstitutional, the remaining portions shall remain in full
force and effect. Toward that end the provisions of these regulations are declared to be
severable.
9.0 EFFECTIVE DATE
9.1 This regulation shall take effect on January 1, 2009.