HomeMy Public PortalAboutPKT-CC-2010-06-22CITY OF MOAI3
JUNG 22, 2010
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL C1-1AM13PRS
(217 EAST CENTER STREET)
Moab City Council
Master Meeting Calendar*
June
2010
SM T June 2010
W T F
July 2010
S S M T W T F S
13
20
27
1 2 3 4
6 7 8 9 10 11
14 15 16 17 18
21 22 23 24 25
28 29 30
5
12 4 5 6
19 11 12 13
26 18 19 20
25 26 27
1 2 3
7 8 9 10
14 15 16 17
21 22 23 24
28 29 30 31
in
c
o
M
>.
N
co
c
_o
c
3
co
N
O
N
M
n
N
C
J
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
May 30
31
Jun 1
2
3
4
5
3100pm 4:00pm GC Couna
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
6
7
8
9
10
11
12
6:00pm 7:00pm
GCAB
3:00pm 4:00pm GCSDBE V
3:00pm 3:30pm MVFPD
1.1.1:00pm Moab CC ,
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
13
14
15
16
17
18
19
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
6:00pm
6:00pm
7:00pm
7:00pm GCSDBE
6:30pm GCRSSD
8:30pm GCLB
20
21
22
23
24
25
26
12:00pm 12:30pm MTPSC
16:30pm 9:00pm Moab CC
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
27
28
29
30
Jul
2
3
Moab Oty Recorder's Office
1
6/19/2010 3:55 PM
*Meeting end times are approximations only
Moab City Council
Master Meeting Calendar*
July
o ■ o
July 2010
S M T W T F
August 2010
S S M T W T F S
11
18
25
1 2
4 5 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
3 1 2 3 4
10 8 9 10 11
17 15 16 17 18
24 22 23 24 25
31 29 30 31
5 6 7
12 13 14
19 20 21
26 27 28
a>
n
N
C
J
o
v
3
v
N
o
M
in
N
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Jun 27
28
29
30
Jul 1
2
3
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
4
5
6
7
8
9
10
6:00pm 7:00pm
GCAB
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
6:30pm
7:00pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
8:00pm TSSSFD
11
12
13
14
15
16
17
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
:00pm Moab CC'
18
19
20
21
22
23
24
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
6:00pm
6:00pm
7:00pm
7:00pm GCSDBE
6:30pm GCRSSD
8:30pm GCLB
6:30pm
8:00pm Moab PC
25
26
27
28
29
30
31
12:00pm 2:00pm
CJC
12:00pm 12:30pm MTPSC
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
6:30pm 9:00pm Moab CC
Moab Oty Recorder's Office
2
6/19/2010 3:55 PM
*Meeting end times are approximations only
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, June 22, 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
1-1 May 25, 2010
1-2 June 8, 2010
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 P.M.)
4-1 Proposed Resolution #13-2010 — A Resolution Amending the Fiscal Year
2009-2010 Budget
4-2 Proposed Resolution #14-2010 — A Resolution Amending the City of Moab
Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salary
SECTION 5: NEW BUSINESS
5-1 Approval of Proposed Resolution #13-2010 — A Resolution Amending the
Fiscal Year 2009-2010 Budget
5-2 Approval of Proposed Resolution #14-2010 — A Resolution Amending the City
of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected
Officials Salary
5-3 Approval of a Contract by and between the State of Utah, Department of
Natural Resources and the City of Moab to Provide Funding for the City
Center Solar Photovoltaic Installation Project
5-4 Approval of a Moved -on Structure Permit for Moab First Assembly to
Conduct a Fireworks Stand Located at 446 South Main Street from July 1 to 4,
2010
5-5 Discussion Regarding Historic Preservation Review Board
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
MOAB CITY COUNCIL
REGULAR MEETING
May 25, 2010
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East
Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -
Council Workshop to order at 6:30 PM. In attendance were
Councilmembers Kyle Bailey, Jeffrey Davis, Sarah Bauman, Kirstin
Peterson and Gregg Stucki; City Recorder/Assistant City Manager
Rachel Ellison and Planning Director Jeff Reinhart.
Mayor Sakrison called the Regular City Council Meeting to order at
7:00 PM and led in the Pledge of Allegiance. Five (5) members of the
audience and media were present.
There were no minutes to approve.
There were no Citizens to be Heard.
A Community Development Department Update was not given.
An Engineering Department Update was not given.
Under Planning Department Update, Planning Director Reinhart
previewed the Planning Commission agenda for that week's
scheduled Planning Commission meeting and stated that there would
be an Effective Land Use Decision Making Training in Price on June 2,
2010.
A Police Department Update was not given.
Public Works Department Update was not given.
Mayor Sakrison presented Sidney Lowe Shumway with the
Mayor's Student Citizenship of the Month Award for May 2010
for Helen M. Knight Intermediate School.
Mayor Sakrison proclaimed May 29, 2010 as American Legion
Poppy Day in the City of Moab.
Laurel Hagen made a presentation regarding Consideration of
City Support for a Local Watershed Council.
Councilmember Bailey moved to appoint Councilmember
Bauman and any City Staff that the City Manager deems
appropriate to the Local Watershed Council as Representatives
of Moab City. Councilmember Stucki seconded the motion.
The motion carried 5-0 aye.
Councilmember Bailey moved to Confirm the Mayoral Appointment to
the Moab Arts and Recreation Center Advisory Board of Yvonne Bliss
for a fill-in term ending December 31, 2010. Councilmember Bauman
seconded the motion. The motion carried 5-0 aye.
Councilmember Bauman moved to approve a Request by Marcie
Shumway for an Amplified Music Event at Old City Park on June 11 and
12, 2010. Councilmember Peterson seconded the motion. The motion
REGULAR MEETING &
ATTENDANCE
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PRESENTATIONS
MOTION TO APPOINT
COUNCILMEMBER BAUMAN
AND CITY STAFF TO LOCAL
WATERSHED COUNCIL,
APPROVED
MAYORAL APPOINTMENT TO
THE MOAB ARTS AND
RECREATION CENTER BOARD,
APPROVED
AMPLIFIED MUSIC EVENT AT
OLD CITY PARK, APPROVED
May 25, 2010 Page 1 of 2
carried 5-0 aye.
Councilmember Bailey moved to approve a Special Event License for
the Canyonlands Rodeo Parade to be Held on June 5, 2010.
Councilmember Stucki seconded the motion. The motion carried 5-0
aye.
Under Reading of Correspondence, Mayor Sakrison stated that he had
received a letter from the Planning Commission to citizens as well as a
letter from the Portal Vista Homeowners' Association requesting to
be heard by the City Council regarding issues within the subdivision.
An Administrative Report was not given.
SPECIAL EVENT LICENSE FOR
CANYONLANDS RODEO
PARADE, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
REPORT ON CITY/COUNTY
A Report on City/County Cooperation was not given. COOPERATION
Under Mayor and Council Reports, Mayor Sakrison stated that he had
attended the Governor's Rural Summit.
Councilmember Bauman stated that the Housing Authority of
Southeastern Utah was negotiating a purchase contract to sell their
building and move to the old food bank location and that Jerry
McNeely had been elected vice -chair of the board.
Councilmember Stucki moved to pay the bills against the City of Moab
in the amount of $340,559.80. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Davis moved to adjourn the meeting.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
MOTION TO ADJOURN,
APPROVED
Mayor Sakrison adjourned the meeting at 7:25 PM. ADJOURNMENT
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder/Asst. City Mgr.
May 25, 2010 Page 2 of 2
MOAB CITY COUNCIL
REGULAR MEETING
June 8, 2010
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East
Center Street, Moab, Utah. Mayor Pro-tem Sarah Bauman called the
Pre -Council Workshop to order at 6:30 PM. In attendance were
Councilmembers Kyle Bailey, Jeffrey Davis, Kirstin Peterson and Gregg
Stucki; City Manager Donna Metzler, City Recorder/Assistant City
Manager Rachel Ellison, Planning Director Jeff Reinhart, Community
Development Director David Olsen, City Treasurer Jennie Ross and
Police Chief Mike Navarre.
Mayor Pro-tem Bauman called the Regular City Council Meeting to
order at 7:00 PM and Animal Control Officer Randall Zimmerman led
in the Pledge of Allegiance. Nine (9) members of the audience and
media were present.
There were no minutes to approve.
There were no Citizens to be Heard.
A Community Development Department Update was not given.
An Engineering Department Update was not given.
Under Planning Department Update, Planning Director Reinhart
previewed the Planning Commission agenda for that week's
scheduled Planning Commission meeting.
A Police Department Update was not given.
Public Works Department Update was not given.
A presentation was made by Jeff Clapp of the Portal Vistas
Homeowners' Association. A written letter was also distributed to
the Council and City Staff for the official record.
Councilmember Bailey moved to approve the Consent Agenda items
as follows:
1) Request to Send Proposed Resolution #13-2010 —A Resolution
Amending the Fiscal Year 2009-2010 Budget to Public Hearing
2) Request to Send Proposed Resolution #14-2010 —A Resolution
Amending the City of Moab Classified Hourly Pay Rate
Schedule and Exempt and Elected Officials Salary to Public
Hearing
Councilmember Bailey moved to table one Consent Agenda item as
follows:
Request to Send Proposed Ordinance #2010-11—An Ordinance
Vacating a Portion of Portal Vista Planned Unit Development to Public
Hearing
Councilmember Davis seconded the motion to approve and table.
The motion carried 5-0 aye.
Councilmember Bailey moved to approve Proposed Resolution #12-
2010—A Resolution Adopting the Fiscal Year 2010-2011 Budget.
Councilmember Peterson seconded the motion. The motion carried
REGULAR MEETING &
ATTENDANCE
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PRESENTATION
CONSENT AGENDA, APPROVED
AND TABLED
PROPOSED RESOLUTION #12-
2010, APPROVED
June 8, 2010 Page 1 of 3
4-1 aye with Councilmember Davis voting nay.
Councilmember Peterson moved to approve Change Order #1 for the
Mill Creek Drive Pavement Rehabilitation and Bicycle/Pedestrian
Access Improvement Project. Councilmember Stucki seconded the
motion. The motion carried 4-1 aye with Councilmember Davis voting
nay.
Councilmember Bailey moved to approve a Request by the Moab
Area Chamber of Commerce for Use of Swanny City Park on July 3,
2010 to Conduct a Celebration. Councilmember Peterson seconded
the motion. The motion carried 5-0 aye.
Councilmember Peterson moved to approve a Special Business Event
License for the Moab Area Chamber of Commerce to Conduct an
Independence Day Celebration on July 3, 2010. Councilmember
Bailey seconded the motion. The motion carried 5-0 aye.
Councilmember Peterson moved to approve a Request for a Waiver
of the Swanny City Park Damage Deposit of $1,000 by the Moab Area
Chamber of Commerce. Councilmember Stucki seconded the motion.
The motion carried 5-0 aye.
Councilmember Stucki moved to approve a Special Event License for
Moon Shadows in Moab to Conduct a Cycling Event on June 26, 2010.
Councilmember Davis seconded the motion. The motion carried 5-0
aye.
Under Discussion Regarding the Provisions of the Historic
Preservation Ordinance and an Appointed Historic Preservation
Review Board, Planning Director Reinhart made a presentation.
Discussion followed.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that she
had met with the Utah Department of Transportation (UDOT)
regarding the widening of State Highway 191 from the river bridge to
City limits. City Manager Metzler stated that UDOT indicated that if
the City obtains and compensates for the necessary right-of-way
easements then UDOT will pay for the storm water conveyances for
the project. City Manager Metzler then stated that the City had
received a claim regarding the taking of property from the Klepzig
property owners and that she had been spending some time on
personnel issues.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Mayor Pro-tem Bauman stated
that she had attended a G.R.A.S.P. meeting regarding community
recycling.
Councilmember Peterson stated that the watershed protection
meeting would be rescheduled.
Councilmember Stucki moved to pay the bills against the City of Moab
in the amount of $578,902.75. Councilmember Peterson seconded
CHANGE ORDER #1 FOR THE
MILL CREEK DRIVE PROJECT,
APPROVED
USE OF SWANNY CITYPARK
FOR THE MOAB AREA
CHAMBER OF COMMERCE,
APPROVED
SPECIAL BUSINESS EVENT
LICENSE FOR THE MOAB AREA
CHAMBER OF COMMERCE,
APPROVED
WAIVER OF THE DAMAGE
DEPOSIT FOR SWANNY CITY
PARK FOR THE MOAB AREA
CHAMBER OF COMMERCE,
APPROVED
SPECIAL EVENT LICENSE FOR
MOON SHADOWS IN MOAB,
APPROVED
DISCUSSION REGARDING
HISTORIC PRESERVATION
ORDINANCE
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
June 8, 2010 Page 2 of 3
the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Pro-tem Bauman adjourned the meeting at 8:26 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
Mgr.
Rachel Ellison
City Recorder/Asst. City
ADJOURNMENT
June 8, 2010 Page 3 of 3
COY 01p,
roil ill
MOMI
City of Moab
Planning and Zoning Department
Correspondence
June 17, 2010
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Grand County General Plan Update Schedule
Discussion
PL-10-076
Attached is the tentative summer schedule for the Grand County General Plan update. According to
Kristine Killoy, Grand County Planner, additional notices will be issued prior to each meeting but this
schedule is being provided as advanced notice.
The county has requested that this information be passed on to the City Council and City Planning
Commission as well as any others who may be interested in attending. In addition, regular plan updates
(including meeting notices, schedules, and general information) will be available on the County website
at http://www.grandcountvutah.net/grand county general plan.htm
Ms. Killoy has invited anyone with questions or comments to feel free to call her at 435-259-1371 or
stop by the County Planning Department at 125 E. Center Street in Moab.
p:\planning department\2010\correspondence \p1-10-076 grand genplan upodate cc.docx
3-3
Event
Date, Time
Location
Kickoff Meeting w/ Council
• Consultant introduction
• Process review
• Tentative summer schedule
Tues. June 1 7PM
County Council Meeting
Vision Workshop
Wed. July 7, 5:30-8:00 PM
Grand Center
Vision Verification
Thurs. July 22, 5:30-7:00 PM
Grand Center
Working Group Meeting 1
Thurs. July 29, 5:30-7:30 PM
Grand County Public Library
Large Meeting Room
Working Group Meeting 2
Thurs. August 26, 5:30-7:30
Grand County Public Library
Large Meeting Room
General Plan website:
http://www.grandcountyutahmet/grand county general plan.htm
CITY OF MOAB
PUBLIC HEARING
PROPOSED RESOLUTION #13-2010— A RESOLUTION
AMENDING THE FISCAL YEAR 2009/2010
The City of Moab will hold a Public Hearing on Tuesday, June 22, 2010 at
approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217
East Center Street, Moab, Utah.
The purpose of this hearing is to solicit public input on Proposed Resolution #13-
2010 — A Resolution Amending the Fiscal Year 2009/2010 Budget.
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) 259-5131 at least
three (3) working days prior to the meeting.
/s/ Rachel Ellison
City Recorder/Assistant City Manager
Published in the Times Independent, June 10 and 17, 2010.
4-1 & 5-1
R:\Notices\BUDGET FY 2009-2010opening end of yer.docx
RESOLUTION # 13-2010
A RESOLUTION AMENDING THE FISCAL YEAR 2009/2010 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2009/2010 fiscal year budget for the
various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2009/2010 FISCAL YEAR BUDGET
SHALL BE AMENDED AS FOLLOWS:
Amended Fiscal Year 2009/2010 Budget
1. General Fund
2. Millcreek Fund
Amended Amended
Revenue Expenditures
$ 6,681,604 $ 6,681,604
$ 337,000 $ 337,000
2009/2010 Fiscal Year Budget Amendments
FUNDS REVENUES EXPENDITURES
GENERAL FUND
EXPENSES
General — Insurance 10-416-51
Planning — Salaries 10-418-10
Police — Benefits 10-421-13
Attorney — Prof and Technical 10-422-31
Highways — Salaries and Wages 10-440-10
Sanitation — Prof and Technical 10-442-31
Parks — Salaries and Wages 10-451-10
Pool — Utilities 10-452-27
Debt Service — Cap. Lease Principal 10-471-11
Debt Service — Cap. Lease Interest 10-471-12
$6,000
REVENUES
Garbage Billing/Collection 10-34-200 $6,000
$6,000
$9, 500
$5, 300
($9, 000)
$9, 000
($15, 250)
$6,000
($916)
$916
$115
$335
MILLCREEK FUND $65,000 $65,000
EXPENSES
Utah Trails Millcreek Drive Path 24-400-88 $65,000
REVENUES
Utah Trails Millcreek Drive Path 24-33-582 $65,000
4-1 & 5-1
Resolution #13-2010 Page 1 of 2
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body
of the City of Moab this 22nd day of June, A.D., 2010.
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City of Moab
4-1 & 5-1
Resolution #13-2010 Page 2 of 2
End -of -Year Budget Adjustments
Summary of Recommended Changes
2009-10 Fiscal Year Bud et
Fund
Line Item
Line
Item #
Amount
Reason
Interdepart-
mental
Transfer or Net
Change in
Budget?
General Fund
Revenues
Refuse Collection Charges
1034430
$ 6,000
Year-to-date revenues and expenditures indicate that revenues and
expenditures will be slightly higher than expected. Off sets corresponding
expenditure.
Net Change
TOTAL
$ 6,000
Expenditures
General Gov.
Insurance
1041651
$ 9,500
Our premium for our General Liability insurance increased, beyond what
we had orginally anticipated.
Interdepartmental
Transfer
Planning
Salaries and Wages
1041810
$ 5,300
This line will come in over budget,Iikely due to comp time payouts.
Interdepartmental
Transfer
Highways
Salaries and Wages
1044010
$ (15,250)
Because of savings achieved by the hiring freeze, funds from this
account may be used to offset overages in other departments
Interdepartmental
Transfer
Sanitation
Professional and Technical Services
1044231
$ 6,000
Year-to-date revenues and expenditures indicate that revenues and
expenditures will be slightly higher than expected. Off -set by
corresponding revenue.
Net Change
Swimming Pool
Utilities
1045327
$ 916
Estimates for expenditures for this line were higher than expected, due to Interdepartmental
the use of electricity on site for demolition and other purposes Transfer
Parks
Salaries and Wages
1045110
$ (916)
Because of a position vacancy, funds from this account may be used to
offset the overage in the swimming pool department
Interdepartmental
Transfer
Capital Lease
Interest
1047112
$ 450
This line item is slightly over -budget.
Interdepartmental
Transfer
Attorney
Police
Professional and Technical Services
Benefits
1042231 $ 9,000
1042113 $ (9,000)
Because the Public Defender was eight months behind in her billing,
staff did not anticipate this overage until January's bill came in on June
18.
Interdepartmental
Transfer
Because of savings achieved by the hiring freeze, funds from this
account may be used to offset overages in other departments
Interdepartmental
Transfer
TOTAL
$ 6,000
Millcreek
Revenues
Net Change
Intergovernmental
Utah Trails
1033582
$ 65,000
Increase in funds from Grand County
TOTAL
$ 65,000
Expenditures
Millcreek
Utah Trails Millcreek Drive Path
1040088
$ 65,000
Addition of County -funded overlay portion of project
Net Change
TOTAL
$ 65,000
CITY OF MOAB
PUBLIC HEARING
ON PROPOSED RESOLUTION #14-2010— A RESOLUTION
AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE
SCHEDULE AND EXEMPT AND ELECTED OFFICIALS SALARIES
The City of Moab will hold a Public Hearing on Tuesday, June 22, 2010 at
approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217
East Center Street, Moab, Utah.
The purpose of this hearing is to solicit public input on Proposed Resolution #14-
2010 — A Resolution Amending the City of Moab Classified Hourly Pay Rate
Schedule and Exempt and Elected Officials Salaries.
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) 259-5131 at least
three (3) working days prior to the meeting.
/s/ Rachel Ellison
City Recorder/Assistant City Manager
Published in the Times Independent, June 10 and 17, 2010.
4-2 & 5-2
R:\Notices\PH 14-2010.docx
RESOLUTION NO. 14-2010
A RESOLUTION AMENDING THE CITY OF MOAB CLASSIFIED HOURLY
PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS SALARY
WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay
ranges may be adjusted periodically to accommodate increases in the cost of living; and
WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using
standard state and national measures to determine cost of living adjustments; and
WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase
for the State of Utah from 2008-2009 was greater than 2.2%; and
WHEREAS, the 2010/2011 Fiscal Year Budget Shows a 2.2% Cost of Living Increase
for all employees covered by the Pay Rate Schedule; and
WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is
attached to this resolution as Attachment A, respectively; and
WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the
elective and appointive officers of the City and the other employees of the City shall be
fixed by motion or resolution of the City Council as in accordance with existing law.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB
RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule
(Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred
herein effective July 1, 2010.
DATED this 22nd day of June 2010.
SIGNED:
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City Recorder
Resolution # 14-2010
4-2 & 5-2
June 22, 2010
Attachment A
Resolution #14-2010
CITY OF MOAB
CLASSIFIED HOURLY
PAY RATES 2010/2011
JULY 2010
PROPOSED
Pay
Grade
M/N
STEPS
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
O
R
S
1
9.57
9.85
10.15
10.46
10.77
11.10
11.43
11.77
12.12
12.49
12.86
13.25
13.64
14.05
14.47
14.90
15.36
15.82
16.30
16.78
2
10.05
10.34
10.65
10.97
11.29
11.64
11.99
12.35
12.71
13.09
13.48
13.90
14.31
14.74
15.18
15.65
16.11
16.60
17.09
17.60
3
10.50
10.81
11.14
11.48
11.81
12.17
12.54
12.91
13.30
13.69
14.10
14.52
14.97
15.42
15.88
16.36
16.85
17.35
17.87
18.41
4
11.01
11.33
11.68
12.03
12.40
12.76
13.14
13.55
13.95
14.37
14.80
15.24
15.71
16.18
16.66
17.17
17.68
18.21
18.75
19.32
5
11.53
11.88
12.23
12.60
12.98
13.37
13.77
14.18
14.60
15.04
15.50
15.96
16.44
16.93
17.45
17.97
18.51
19.06
19.63
20.23
6
12.07
12.43
12.81
13.20
13.59
14.00
14.42
14.85
15.30
15.77
16.24
16.73
17.23
17.75
18.27
18.83
19.39
19.97
20.56
21.18
7
12.67
13.05
13.44
13.84
14.27
14.70
15.13
15.59
16.07
16.55
17.05
17.55
18.07
18.62
19.18
19.75
20.34
20.95
21.57
22.22
8
13.27
13.66
14.07
14.49
14.93
15.39
15.85
16.32
16.81
17.31
17.83
18.37
18.93
19.48
20.07
20.68
21.29
21.93
22.59
23.26
9
13.90
14.32
14.74
15.18
15.66
16.12
16.60
17.10
17.61
18.14
18.68
19.24
19.82
20.41
20.55
21.66
22.30
22.97
23.66
24.36
10
14.54
14.98
15.44
15.90
16.38
16.87
17.37
17.90
18.43
18.99
19.56
20.13
20.75
21.37
22.00
22.67
23.34
24.04
24.76
25.51
11
15.25
15.72
16.19
16.67
17.18
17.68
18.22
18.76
19.33
19.91
20.50
21.11
21.75
22.40
23.08
23.77
24.48
25.21
25.98
26.76
12
15.97
16.45
16.94
17.46
17.98
18.53
19.07
19.64
20.24
20.84
21.46
22.11
22.77
23.45
24.16
24.89
25.64
26.41
27.20
28.01
13
16.75
17.25
17.77
18.30
18.86
19.41
20.00
20.60
21.21
21.85
22.50
23.18
23.87
24.59
25.33
26.09
26.88
27.69
28.51
29.36
14
17.54
18.06
18.60
19.16
19.73
20.33
20.94
21.55
22.21
22.87
23.56
24.26
24.99
25.74
26.53
27.32
28.14
28.97
29.84
30.74
15
18.37
18.92
19.48
20.06
20.66
21.29
21.92
22.58
23.26
23.96
24.67
25.41
26.19
26.97
27.78
28.61
29.46
30.35
31.26
32.19
16
19.22
19.80
20.43
21.04
21.68
22.33
22.98
23.68
24.38
25.13
25.89
26.66
27.46
28.29
29.14
30.01
30.91
31.84
32.79
33.78
17
20.17
20.78
21.41
22.05
22.71
23.39
24.10
24.81
25.56
26.34
27.12
27.94
28.77
29.63
30.53
31.45
32.39
33.36
34.36
35.38
18
21.13
21.77
22.42
23.10
23.78
24.50
25.23
26.00
26.78
27.58
28.40
29.25
30.13
31.03
31.97
32.93
33.91
34.93
35.98
37.07
19
22.15
22.81
23.50
24.20
24.93
25.68
26.45
27.26
28.06
28.90
29.77
30.66
31.59
32.53
33.50
34.51
35.56
36.63
37.72
38.86
20
23.20
23.89
24.62
25.36
26.12
26.91
27.72
28.54
29.40
30.28
31.19
32.12
33.08
34.07
35.10
36.16
37.24
38.36
39.51
40.69
E 1
24.31
25.04
25.80
26.58
27.38
28.19
29.05
29.90
30.81
31.72
32.68
33.66
34.67
35.71
36.79
37.90
39.03
40.20
41.40
42.65
E2
25.47
26.24
27.03
27.84
28.68
29.54
30.42
31.32
32.26
33.24
34.23
35.25
36.32
37.42
38.54
39.68
40.87
42.10
43.36
44.66
E3
26.70
27.50
28.33
29.17
30.06
30.95
31.88
32.83
33.81
34.83
35.88
36.96
38.06
39.21
40.38
41.59
42.83
44.12
45.44
46.82
E4
27.96
28.80
29.65
30.55
31.47
32.40
33.38
34.38
35.40
36.48
37.57
38.69
39.85
41.05
42.28
43.55
44.86
46.20
47.59
49.02
E5
29.29
30.17
31.09
32.01
32.98
33.96
34.98
36.05
37.12
38.23
39.38
40.55
41.77
43.02
44.31
45.64
47.02
48.43
49.88
51.38
S 1
7.42
7.64
7.87
8.10
8.35
8.60
8.85
9.12
9.39
9.68
9.96
10.26
10.57
10.88
11.21
11.55
11.90
12.25
12.62
13.00
S2
7.53
7.76
7.99
8.23
8.48
8.73
8.99
9.26
9.54
9.83
10.12
10.42
10.74
11.06
11.39
11.73
12.09
12.45
12.82
13.21
S3
13.39
13.79
14.21
14.63
15.07
15.52
15.99
16.47
16.96
17.47
17.99
18.53
19.09
19.66
20.25
20.86
21.49
22.13
22.80
23.48
S4
13.60
14.01
14.43
14.86
15.31
15.77
16.24
16.73
17.23
17.75
18.28
18.83
19.39
19.97
20.57
21.19
21.82
22.48
23.15
23.85
S5
24.18
24.90
25.65
26.42
27.21
28.03
28.87
29.74
30.63
31.55
32.50
33.47
34.47
35.51
36.57
37.67
38.80
39.97
41.16
42.40
S6
24.56
25.30
26.05
26.84
27.64
28.47
29.32
30.20
31.11
32.04
33.00
33.99
35.01
36.07
37.15
38.26
39.41
40.59
41.81
43.06
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
30/o
3%
30/o
3%
3%
3%
3%
30/o
30/o
30/o
6/7/2010
Moab City Recorder's Office
R:\Resolutions\proposed 2010 with recreation.xlsx
2.2% COLA
ATTACHMENT B
Exempt and Elected Official Salaries
Section 1. Yearly salary range for the following exempt positions only:
City Manager — Grade E5 $61,158 — $107,281
Police Chief— Grade E3 $55,750 — $97,760
Public Works Dir. — Grade 18 $44,119 — $77,402
Recorder — Grade 17 $42,115 — $73,873
Treasurer — Grade 14 $36,624 — $64,185
Section 2. Yearly salary rates for the following elected official positions:
Mayor $12,000
Councilmembers $ 6,000
Resolution #14-2010 — Attachment B
4-2 & 5-2
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
.JEFFREYA. DAVIS
SARAH BAUMAN
GREGG W. STUCK!
ROB SWEETEN
To: Honorable Mayor and City Council
From: Ken Davey, Administrative Analyst
Date: June 22, 2010
Subject: Energy Efficiency and Conservation Block Grant
In 2009 the Utah State Energy Program [USEP] announced an opportunity for smaller Utah communities to
participate in the American Recovery and Reinvestment Act Energy Efficiency and Block Grant Program.
The grant allowed communities to seek funding for energy efficiency upgrades in buildings. Engineers from
Johnson Controls volunteered to help the city determine which buildings might be eligible under the parameters of
the grant. After reviewing the major city -owned buildings, we focused on the Moab City Center and the MARC.
At the MARC we wanted to replace the boiler and windows to increase heating and cooling efficiency. But the
Johnson Controls analysis indicated that such improvements would not meet the grant's energy -savings -per -dollar
thresholds.
The analysis did indicate that installing solar panels on the Moab City Center would meet the energy saving
thresholds.
Our grant request was as follows: The City applied for $225,000, to be matched with a $25,000 City contribution,
for the installation of solar panels on the roof of the City Center and the installation of net metering equipment. That
grant was approved by USEP, and a contract has been received from USEP.
The contract calls for:
Solar Photovoltaic Installation at the City Center;
Having all work obligated by the end of March 2011;
Having all funds expended and all awarded activities completed by October 7, 2012.
Moab will be paid, on a cost reimbursement basis, a maximum of $230,625.
The contract has a number of attachments included as part of the contract, and has some stringent reporting
requirements, including quarterly "or as requested" financial and program compliance audits by USEP or other state
or federal agencies.
There are three major terms and conditions that must be followed;
1.) The equipment we install must meet the federal government's `Buy American" provisions;
2.) All waste materials from the project must comply with USEP waste stream policies; and
3.) All wages paid by the contractors for the installation must meet federal wage standards for this region.
Staff believes these terms and conditions can be met, and we recommend that the contract be approved.
State of Utah
MOAB CITY CONTRACT
Contract #
1. CONTRACTING PARTIES: This agreement is between the State of Utah, Department
of Natural Resources, Utah State Energy Program, referred to as USEP, and the City of
Moab, referred to as Subrecipient.
Subrecipient
Attn: Mayor
David L. Sakrison
217 East Center Street
Moab, Utah 84532-2439
Lepel Status of Contractor
( ) Sole Proprietor
( ) Non -Profit Corporation
( ) For -Profit Corporation
( ) Partnership
(X) Governmental Agency
Federal Tax ID No. 87-600248
Vendor Number: 58062A
Commodity Code: 99999
Agency Code: 1000-560-3805-UEE1
Catalog Federal Domestic Assistance number: 81.128
DUNS #: 07-054-0372
2. GENERAL PURPOSE OF CONTRACT: To provide funding under the American
Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block
Grant (EECBG; DE-FOA-0000013) to the Subrecipient during the calendar years of
2010, 2011 and 2012 (October 07, 2012). The USEP approved activities include the
following:
• City Center
Solar Photovoltaic (PV) Installation
3. PROCUREMENT: NA
4. CONTRACT PERIOD: This contract is effective, with provisions (Attachment B: USEP
Program Terms and Conditions (1) Provisions), upon signing by all parties and project
end date is on 10/07/2012 unless otherwise extended or terminated in accordance with
the terms and conditions of this contract. The Subrecipients will obligate all work by
04/01/2011and complete all awarded activities and expend all funds prior to the project
end date (10/07/2012) as defined by the United States Department of Energy (DOE) or
USEP.
5. CONTRACT COSTS: The Subrecipient will be paid a maximum of $230,625 for costs
authorized by this contract, for a total of $230,625. The funds will be available for
reimbursement to the Subrecipient once the Subrecipient meets all the provisions listed
in Attachment B: USEP Program Terms and Conditions (1) Provisions and is complying
with the remainder of this contract. Funds will be available in the form of bimonthly or
monthly reimbursements, to be used for the purpose of the USEP approved activities.
6. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT:
Attachment A — Division of Purchasing Standard Terms and Conditions
Attachment B — USEP EECBG Program Terms and Conditions
B1 — Buy American Form
B2 — Waste Stream Form
B3 — Weekly Payroll Form
Attachment C — Scope of Work (SOW) Form
Attachment D — Project Budget and Justification Form
Attachment E — DOE Special Terms and Conditions (DE-EE00000887)
Attachment F — Federal Assurances
Attachment G —10 CFR 600.236 (i) Contract provisions
In the event of conflict between the provisions of Attachment A and the provisions of
other attachments to this Contract, the provisions of Attachment A shall prevail.
7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT
ATTACHED HERETO:
a. All other governmental laws, regulations, or actions applicable to services provided herein.
8. COMPLETE ON COST REIMBURSEMENT CONTRACTS ONLY:
a. AUDIT INFORMATION: Jerriann Ernstsen, Utah Geological Survey State Energy
Program, 1594 West North Temple, Suite 3110, Salt Lake City, Utah 84114-6100
(801) 537-3384.
What audits and reviews are required of this contract?
Financial? Yes X No
How Often? Quarterly or as requested by state or federal agency.
By Whom? USEP Representative, or other state or federal agency
representative.
Program Compliance? Yes X No _
How Often? Quarterly or as requested by state or federal agency.
By Whom? USEP Representative, or other state or federal agency
representative.
IN WITNESS WHEREOF, the parties sign and cause this contract to be executed.
Contractor:
By:
Utah Geological Survey
Rick Allis, Director Date
Utah Geological Survey, DNR
John Kingsley, Associate Director Date
Utah Geological Survey, DNR
Director, Division of Purchasing Date
Director, Division of Finance Date
ATTACHMENT A:
STATE OF UTAH DIVISION OF PURCHASING STANDARD TERMS AND CONDITIONS
1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6, Utah Code Annotated,1953, as amended, Utah State
Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services,
and other approved purchases for the State.
2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of
Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach
thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.
3. LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will
comply fully with all applicable Federal and State laws and regulations.
4. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for
the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four
years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor
agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this contract, for audit and inspection, and
monitoring of services. Such access will be during normal business hours, or by appointment.
5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also
referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included
within a Request for Proposal. It does not apply to Invitation to Bids nor to the Multi -Step Process.
5.1 Status Verification System
1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named
Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new
employees that are employed in the State of Utah in accordance with UCA Section 63G-11-103.
2. The Contractor shall require that the following provision be placed in each subcontract at every tier: "The subcontractor shall certify to the
main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status
of each new employee of the respective subcontractor, all in accordance with Section 63G-11-103 and to comply with all applicable employee
status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work."
3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section.
4. Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance with all provisions of this employment
status verification certification required by all applicable status verification laws including UCA Section 63G-11-103.
5.2 Indemnity Clause for Status Verification System
1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold
harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim,
damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees,
agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or
Subcontractor may be liable.
2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify
the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's
negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify
the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design
Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at
any tier.
6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of Utah,
unless disclosure has been made in accordance with 67-16-8, Utah Code Annotated 1953, as amended.
7. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no
authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to
perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to
the Contractor by the State. The Contractor shall be responsible for the payment of all income tax and social security amounts due as a result
of payments received from the State for these contract services. Persons employed by the State and acting under the direction of the State
shall not be deemed to be employees or agents of the Contractor.
8. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents,
volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of
this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but
not for claims arising from the State's sole negligence.
9. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964
(42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on
the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits
discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of
1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to
abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the work place.
10.SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void
shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent.
5-3
11.RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the
contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will
not apply to this contract.
12.DEBARMENT: The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Contractor
cannot certify this statement, attach a written explanation for review by the State. The Contractor must notify the State Director of Purchasing
within 30 days if debarred by any governmental entity during the Contract period.
13.TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in
advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10)
working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be
terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the
other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth
herein for approved services rendered to date of termination.
14.NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the State cannot contract for the payment of funds not yet appropriated
by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Govemor, or is required by State law,
or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and
purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are
reduced, the State will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and the
State will not be liable for any future commitments, penalties, or liquidated damages.
15.SALES TAX EXEMPTION: The State of Utah's sales and use tax exemption number is 11736850-010-STC. The tangible personal property or
services being purchased are being paid from State funds and used in the exercise of that entity's essential functions. If the items being
purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated
in the contract.
16.WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software
products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise specified and
mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform
Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not
applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants
that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes
in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable
for any special purposes that the State has relied on the Contractor's skill or judgment to consider when it advised the State about the product,
(5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about
which the State has not been warned. Remedies available to the State include the following: The Contractor will repair or replace (at no charge
to the State) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced
product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been
made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract.
17.PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be
available for distribution. Contractor gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in
accordance with the State of Utah Govemment Records Access and Management Act (GRAMA). Except for sections identified in writing and
expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor's response to the solicitation will be a public
document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any
statements of confidentiality, proprietary information, copyright information, or similar notation.
18.DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges
paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when
responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations.
19.0RDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly
submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order
number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be
those prices listed in the contract. The State has the right to adjust or retum any invoice reflecting incorrect pricing.
20.PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received,
whichever is later. All payments to the Contractor will be remitted by mail unless paid by the State of Utah's Purchasing Card (major credit
card).
21. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from
liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-
patented invention, article or appliance fumished or used in the performance of this contract.
22.ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this
contract, in whole or in part, without the prior written approval of the State.
23.DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declare Contractor in default of the contract: 1.
Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The State will issue a written notice
of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or
5-3
eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the State may do
one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof;
3. Impose liquidated damages, if liquidated damages are listed in the contract; 4. Suspend Contractor from receiving future solicitations.
24.FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which
is beyond that party's reasonable control. The State may terminate this contract after determining such delay or default will reasonably prevent
successful performance of the contract.
25.PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services,
construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution,
loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity
participates in the procurement of such supplies, services, construction, or insurance, whether it is given for .their own use or for the use or
benefit of any other person or organization (63G-6-1002, Utah Code Annotated 1953, as amended).
26.CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and
Conditions will apply to this contract including terms listed or referenced on a Contractor's website, terms listed in a Contractor quotation/sales
order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Atth. A: State of Utah
Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State Additional Terms and Conditions; 4. Contractor Terms
and Conditions.
27.ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation
constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and
contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede
any additional or conflicting terms or provisions that may be set forth or printed on the Contractor's work plans, cost estimate forms, receiving
tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or
invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the
State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms
printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this
Agreement.
ATTACHMENT B: USEP EECBG PROGRAM TERMS AND CONDITIONS
1) PROVISIONS: This contract is effective, with provisions, upon signing by all parties and will
terminate on the project end date (10/07/2012). The Subrecipients will obligate all work by
04/01/2011. Once the Subrecipient (city/county) receives USEP approval, as indicated in the
"release to start work" letter, for meeting the following provisions, the Subrecipient may begin
work on EECBG funded activities.
Provisions: The Subrecipient must
a) Assist USEP in conducting a Contract Phase inspection.
b) Assist USEP in the State Historic Preservation Office (SHPO) Consultation, if needed.
USEP will conduct the Consultation, but may need to obtain additional site -specific
information from the city or county project manager.
c) Update Scope of Work (SOW) and Budget and Justification sheets included in this
contract (Attachment C and D), including verifying DUNS or company/individual names
on the Excluded Parties List System (EPLS). The USEP will conduct a sample audit. If
any of the listed contractors are on the list, the city/county will not be able to use that
contractor for the EECBG activity.
d) Update and complete the Buy American form (or other federally/state issued verification
form; Attachment B1).
e) Update and complete the Waste Stream form (or other federally/state issued verification
process; Attachment B2).
f) Establish a Davis Bacon process, if required for the project. One exception to Davis
Bacon is if the city/county will use its own qualified staff to meet the labor needs, e.g.,
installing lights.
g) Establish transparency processes for EECBG funds.
h) RECEIVE THE "RELEASE TO START WORK" IN WRITING BY USEP FOR EACH
ACTIVITY.
2) SOW and Budget And Justification Sheets (Attachment C and D)
a) Update will include the actual bid information and amounts from the
contractors/subcontractors selected by the Subrecipient for each activity.
b) Copy of the updated SOW and Budget must be submitted to USEP for review and
approval before USEP will issue the "release to start work" letter.
c) Subrecipients will use their own procurement procedures as long as they meet federal
and state procurement procedures (see below for details on bidding).
d) USEP may request copies (or information) of the bid responses to the project/activity
request for bid announcements.
3) Buy American Form (Attachment B1: Buy American Provision of ARRA Public Law 111-5-
Feb. 17. 2009 Title XVI; http://www.ppo.qov/fdsys/pkg/PLAW-111pub15/html/PLAW-
1 1 1 pub15.htm)
a) Summary: "...none of the funds appropriated or otherwise made available by the Act may
be used for a project for the construction, alteration, or repair of a public building or
public work unless all the iron, steel, and manufactured goods used are produced in the
US"
i) Subrecipients may submit a waiver (through USEP) to this requirement if the US
product is 1) inconsistent with public interest, 2) unavailable, or 3) cost prohibitive
(increases the entire project more than 25%.
ii) Categorical waivers issued by the Secretary of Interior are the following:
❖ LED traffic lights, arrows, and crosswalk signals
5-3
V' F l u o r e s c e n t e l e c t r o n i c l i g h t i n g b a l l a s t s ( w i t h t h e e x c e p t i o n o f e l e c t r o n i c
d i m m i n g b a l l a s t s f o r f l u o r e s c e n t l a m p s t h a t a r e c a p a b l e o f o p e r a t i n g t h e
l a m p s b e l o w 5 0 % o f t h e i r r a t e d l i g h t o u t p u t )
V' S c r e w b a s e a n d p i n - b a s e c o m p a c t f l u o r e s c e n t l a m p s ( C F L s ) ( w i t h t h e
e x c e p t i o n o f p l u g - i n C F L s l o n g e r t h a n 1 0 i n c h e s ) .
i i i ) "