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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' Fluorescent electronic lighting ballasts (with the exception of electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps below 50% of their rated light output) V' Screwbase and pin -base compact fluorescent lamps (CFLs) (with the exception of plug-in CFLs longer than 10 inches). iii) "Manufactured goods: goods brought to the construction site for incorporation into the building or work that has been 1) processed into a specific form and shape or 2) combined with other raw material to create a material that has different properties than the properties of the individual raw materials.... There is no requirement with regard to the origin of components or subcomponents in manufactured goods used in a project, as long as the manufacturing occurs in the United States. (See 2 CFR 176.70(a)(2)(ii)." DOE Notice, December 17, 2009. b) PRIOR TO ANY WORK ON ANY ACTIVITY  Subrecipients must update, complete, and sign (by the city/county project manager) the Buy American Form. c) Copy of the updated and signed Buy American form must be re -submitted, along with the updated SOW and Budget, to USEP for review and approval before USEP will issue the "release to start work" letter. 4) Waste Stream Form (Attachment B2; DOE Contract Special Terms and Conditions, Provision #20) a) PRIOR TO ANY WORK ON ANY ACTIVITY  Subrecipients must update, complete and sign (by the city/county project manager) the Waste Stream Form. b) Copy of the updated and signed Waste Stream Form must be re -submitted, along with the updated SOW and Budget, to USEP for review and approval before USEP will issue the "release to start work" letter. 5) Davis Bacon (40 USC 276a-7; http://www.thecre.com/fedlaw/lega112a/276a.htm;Wage Rate Requirement Provision of ARRA Public Law 111-5-Feb. 17. 2009 Title XVI; Attachment B3  Signature and Payroll Form) a) Overview: All contractors and subcontractors must pay laborers and mechanics at a rate and fringe benefits equal to that paid to those workers o similar activities in the locality. Workers will be paid at regularly scheduled intervals and only those deductions allowable by law or as authorized the employee shall be taken out of the worker/s gross pay. All workers receive "overtime" compensation at a rate of one and a half (1.5) times the regular hourly wage for work performed in excess of forty (40) hours per week. All workers are assured safe and healthy working conditions. Guidance on this provision can be found under "Labor Standards Provisions Applicable to Contracts Covering Federally -financed and Assisted Construction" (29 CFR 5). b) Subrecipient (city/county): i) IS THE RESPONSIBLE PARTY FOR DAVIS BACON ENFORCEMENT AND OVERSIGHT for any activities that use contractors/subcontractors that are paid by EECBG funds. ii) Must update SOW: After bid selection, the city/county project manager will update the SOW and Budget sheets, included in this contract. The updates may include maintaining the use of only contractors/subcontractors, or it may include splitting the work between contractors/subcontractors and qualified city/county staff - as leveraged (donated) hours to EECBG activities. iii) Must include Department of Labor's Wage Determination in the bid announcement or other process of selecting contractors/subcontractors. The city/county must update and verify the Wage Determination immediately prior to the closing of the city/county bidding process. 5-3 iv) Must maintain an EECBG labor standards file at the office of the Subrecipient program manager's office and must include all required records including the following: ❖ WEEKLY certified payroll records of all contractors and subcontractors working on EECBG awarded activities. ❖ Signature and Payroll Form (Attachment B3), signed. (similar electronic version is downloadable http://www.dol.qov/whd/forms/wh347.pdf) ❖ Other payroll -related monitoring records. v) MUST PROVIDE USEP WITH COPIES OF ALL THE WEEKLY SIGNATURE AND PAYROLL FORMS WITH THE MONTHLY REPORTS. vi) Must conduct on -site interviews (at the commencement of activities and at least once a month, thereafter) of all laborers and mechanics. Verify that required notices are posted. Verify the payroll reports comply with the Davis Bacon Wage Decision. vii) Leveraged city/county qualified staff: ❖ Davis Bacon will not apply to the portion of work that the city/county donates qualified city/county staff. ❖ EECBG funds will not be used to pay for any donated hours. c) Contractors and subcontractors: i) MUST COMPLY WITH DAVIS BACON AND ALL OTHER FEDERAL AND STATE LABOR LAWS. ARRA: Guidance on how to comply with the Davis Bacon provision as it relates to ARRA is available at http://www.dol.gov/esa/whd/contracts/dbra.htm or EERE.energy.gov/wig. ii) Must E-verify status of their employees and maintain records showing employee status. Must allow the federal or state inspectors access to the records, upon request. Note: The State Procurement Office will inspect a sample of Contracts each year. 6) Transparency a) Bidding and Selecting i) Subrecipients will use their own procurement procedures, if they reflect applicable State and local laws and regulations, and if the procurements conform to applicable Federal law (10 CFR 600.236) and the standards identified in this contract. ii) Bid announcements must include notification of compliance with Davis Bacon, Buy America, and Waste Stream Plan. b) Accounting i) Separate accounting records for each activity. ii) Separate accounting records for 1) EECBG funds and 2) all other non-federal sources of leveraged funds that contribute to an EECBG funded activity. c) Leveraged Funds/Hours i) Leveraged funds are not a requirement of the EECBG program. ii) During the Contract Phase, USEP will confirm with the Subrecipient the claim for leveraged funds in the EECBG application. iii) Leveraged fund/hours must be reported to USEP. d) Rebates i) Rebates are not a requirement of the EECBG program. ii) Rebates or utility incentives are different from leveraged funds. These programs usually will come after installation of an activity request. The reporting time needed for rebates will be added onto the project period. 5-3 iii) During the Contract Phase, USEP will confirm with the Subrecipient the claim for rebates in the EECBG application. Claimed rebates must be accounted for and reported to USEP. 7) REPORTING (MONTHLY AND QUARTERLY MONITORING) AND INVOICING a) Subrecipient must have the qualified staff (listed in the updated SOW) draft and submit report form. If there are changes in the named staff, the Subrecipient must let USEP know of the change. b) Subrecipients must have the two qualified staff or designated officials (listed in the updated SOW) draft/review and sign invoices made out to USEP and checks made out to contractors and subcontractors. If there are changes in the named staff/officials, the Subrecipient must let USEP know of the change. c) Reporting metrics and due dates are subject to change upon clarification or modification of federal reporting requirements. USEP will inform Subrecipients of any changes. d) EECBG funds for Subrecipient reporting to USEP: i) The USEP awarded a set amount to city/county for reporting to USEP. Once the reporting funds have been spent, there will be no additional funds for reporting. ii) The city/county project manager will invoice and report on their hours spent on reporting following all related requirements typical for any other paid professional on the EECBG activities. e) Leveraged fund/hours must be reported to USEP. i) Leveraged funds include in -kind monetary or labor contributions (including local, qualified government staff), non-federal contributions, business partnerships or contributions, or bonds. ii) If the Subrecipient is claiming leveraged hours of staff (for example lighting installation), then separate accounting records must detail hours worked and payments for each claimed staff person. f) MONTHLY REPORTING PACKETS: i) Reporting packets are required EVERY month from the time contracts are signed (irrespective of activity start dates) until the end of the project period as indicated on the SOW timeline (Attachment C) or October 7, 2012 (unless amended by the federal government), which ever comes first. ii) Reporting packets will be due on the 2nd of every month by 12:00 PM (noon). If the 2nd falls on a Saturday or Sunday, then the packet will be due the Monday following the 2nd by 12:00 (noon). iii) Reporting Packets include: ❖ USEP Report Form: The USEP will issue an electronic reporting form after the contract is in effect, which the Subrecipient must fill out in its entirety. ❖ A PDF copy of all the monthly invoices (when applicable). ❖ A PDF copy of all the Davis Bacon requirements. If applicable, the city/county project manager will submit copies of the certified weekly payroll records, Signature and Payroll forms (Attachment B3), and copies of any other data/forms that meet the Davis Bacon requirements. iv) SUBMIT REPORTING PACKETS IN THE FOLLOWING TWO METHODS: ❖ ONE PACKET VIA EMAIL to Jerriann Ernstsen at ierriannernstsen(a.utah.gov by the dates and times required for monthly or bimonthly reporting options. Any reports (and invoices) received after the required due dates will be processed the following month. ❖ THREE PACKETS via hard copies to Jerriann Ernstsen, P.O. Box 146100, Salt Lake City, Utah 84114-6100 (using US Postal Mail Service). Any "set" post- marked after the required due dates will be processed the following month. 5-3 g) Bimonthly Reports i) The city/county project manager may request the bimonthly report -invoice option and must receive USEP approval prior to signing this contract. All others will adhere to the normal monthly report -invoice option. This allowance will be included in the final contract Attachment C (Qualified Staff — Invoicing/Reporting section). ii) For those few who request and sign up for the bimonthly reporting program, city/county project manager must comply with all the metric and submittal requirements for the monthly reports/invoices, but under the following timelines: Bimonthly report forms, invoices, and Davis Bacon requirements will be due on the 2"d and 16th of every month by 12:00 PM (noon). If the 2nd or 16th falls on a Saturday or Sunday, then the report will be due the Monday following the 2nd or 16th by 12:00 (noon). iii) Any reports (and invoices) received after the required time will be processed the following two weeks. h) QUARTERLY MONITORING REPORTS i) Subrecipients must email all quarterly monitoring reports to Jerriann Ernstsen at jerriannernstsenautah.00v by the dates and times written below. ii) Subrecipient will submit quarterly reports for one year following the end of the project period. The funds delegated for reporting in Attachment D will not pay for quarterly monitoring because this reporting will come after the close of the contract between the city/county and USEP. iii) Quarterly reports will be due on the 2nd of the month of every quarter (Jan, Mar, June, and Sept) by 12:00 PM (noon) following the end of the project period and final inspection. If the 2nd falls on a Saturday or Sunday, then the report will be due the Monday following the 2nd by 12:00 (noon). iv) USEP will provide guidance of quarterly reporting metrics before or during the final inspection. 8) INSPECTING a) USEP inspections will include i) Contract Phase inspection before any work may commence, unless otherwise stated by USEP. ii) During the project period. iii) Final inspection before paying out the final invoice. b) Inspection points may include i) Compliance with this contract, focusing on the SOW and Project Budget and Justification. ii) Compliance with Buy American, Waste Stream Plan, and Davis Bacon. iii) Financial and staff payroll records related to EECBG activities. iv) Building permits and Building Inspector reports related to EECBG activities. 9) SUBRECIPIENT CHANGE ORDERS/AS-BUILTS a) Changes to the SOW or to specific line items in the Project Budget and Justification sheet, or both may be made under the following conditions: i) All changes must be PRE -APPROVED by USEP. The recipient shall notify USEP in writing and in advance of implementing any such changes in accordance with the terms and conditions of the funding award. ii) All changes shall meet all provisions of this contract. iii) Changes must not alter the original scope or purpose of the project/activity as drafted in this contract. 5-3 10) DOE OR USEP ISSUED CHANGES a) Subrecipient will comply with all changes if DOE issues amendments or clarifications to the EECBG program, or any other State and Federal rule. b) USEP will notify the Subrecipient in a timely manner of all DOE changes. 11) REIMBURSEMENT WITHHOLDING: In the event that funds are not expended in a timely manner, or the Subrecipient does not comply with the approved Waste Stream Plan, or Buy American, Davis Bacon, or monthly reporting requirements, the USEP has the right to alter or terminate this funding contract. ATTACHMENT B1: USEP PROGRAM TERMS AND CONDITIONS — BUY AMERICAN BUY AMERICAN PROVISION OF ARRA - VALIDATION FORM " `te Subrecipient will send a copy of the updated term, with ALL question marks, xxx, or -empty fields addressed, to USER for review and approval. USER win return the approved fors; and the city/county project manager will collate the copy in the EECBG Notebook. ADD LINES OR. SHEETS AS NEEDED - DO NOT NEE-0 TO VERIFY ITEMS THAT ARE CATEGORICALLY EXCLUDED (Att. B (3) OW. Activity ID Activity Location Unit Description Unit Quantity Manufacturer Name City/County Project Manager signs and dates units meet Buy American provision Example: Lighting City Hall Insulation 250# Corning JOE DOE 04/10/2010 City Hall Windows 35 Anderson JOE DOE 04/10/2010 City Hall PV 124 (225 watt ea) Solar R-US JOE DOE 04/10/2010 Example: Heating Pioneer Building AquaStream 2500 5 Trane JOE DOE 04/10/2010 Pioneer Building Environ Controllers #3567 3 Honeywell JOE DOE 04/10/2010 Pioneer Building Ducting 30 Grey&Ugly Co JOE DOE 04/10/2010 A - PV City Center Solar Photovoltaic (PV) Installation 112 Panels (224w each) ? KEN DAVEY DATE: END ATTACHMENT B2: USEP PROGRAM TERMS AND CONDITIONS — WASTE STREAM WASTE STREAM PROVISION OF DOE CONTRACT - VALIDATION FORM The Subrecipient will send a copy of the updated form, with ALL question marks, xxx, or empty fields addressed, to USEP for review and approval. USEP will return the approved form and the city/county project manager will collate the copy in the EECBG Notebook. ADD LINES OR SHEETS AS NEEDED City/County project manager must and 2) sign on the line below: xxx 1. USEP Waste Stream Plan 2. Other Waste Stream Plan that policies. Ken Davey, Moab City Administrative Manager for EECBG activities) above. 1) indicate which Waste (see http://geology.utah.gov/sep/stimulus/eecbg.htm) meets all federal, Analyst and will Stream Plan the city/county plans to comply with, state, and local government waste stream laws and Economic Development, Moab City (Project comply with the Waste Stream Plan indicated Reusing old units are only allowable with USEP approval. The intent of the EECBG program is to remove from use, high-energy consuming units, not relocate. Activity ID Activity Location Unit Description Unit Quantity Refuse Location City/County Project Manager signs and dates unit refuse locations meet Waste Stream Plan Example: Lighting City Hall T12 Lamps (mercury) 110 Home Depot JOE DOE 04/15/2010 City Hall T12 Fixtures 110 Utah Aluminum Recyclers JOE DOE 04/15/2010 City Hall T12 Ballast (older than 1978 have PCB) 110 PCB R-US Transfer Station JOE DOE 04/15/2010 Example: Heating Pioneer Building HVAC 7000 5 Metal & Steel Recycler of Riverside JOE DOE 04/15/2010 Pioneer Building Thermostats (mercury) 3 Utah Transfer Station JOE DOE 04/15/2010 Pioneer Building Ducting 30 Reusing JOE DOE 04/15/2010 A - PV City Center Solar Photovoltaic (PV) Installation 112 Panels ( 224 w each) NA NA — Installation only END ATTACHMENT B3: USEP PROGRAM TERMS AND CONDITIONS — WEEKLY SIGNATURE AND PAYROLL FORM (2 pages) Date (Name of signatory party) (Title) do hereby state (1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) (Building or work) that during the payroll period commencing on the day of , 201 , and ending the day of 201 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly (Contractor or Subcontractor) wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 94B, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are no less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -- In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. WHERE FRINGE BENEFITS ARE PAID IN CASH -- Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4(c) below. b) EXCEPTIONS (c) EXCEPTION (CRAFT) EXPLANATION REMARKS NAME AND TITLE SIGNATURE THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. GOVERNMENT PRINTING OFFICE : 1985 0 — 475-249 CONTINUE TO NEXT PAGE aN3 LO S 0 S 0 0 S 0 S 0 Oltld S30VM 13N (6) 030 1tl101 213H10 XVl �JNIOlOHH11M YOU 03NNV3 ENV SS0210 (L) AVd d0 31tl21 (9) S21110H 1tl101 09333 (S) AlInllOtl J9O33 NO AVO HOV3 03)1210M SH110H O < co i P. N @ ao NOI1VOIdISSV10 AIOM (9) u O m T - g O 11 W 0 r O Z O 33AO1dW310 SS32100V'3WVN (I) SN0110f1030 (9) R a J..,Ni.l,�. W S_ j WO '9 Lea (4) -SS3aaaV aNV al AlIA113V I I •I :ONIaN3 )133M :2138WfIN 1102IAVd :SS321aaV 2101aV211NO3 :a01aV211N0a811SR101aV211N0a d0 3WVN a3033N SV S.133HS H0 S3NI100V W de11, A1HINOW mg 'WA d3S1101 seldoa;lwgns pue 'cmspaepue}s imp! J9`O33 eui ul em mem situ% eseq; welloa it m s;uelcipeagnS ' 09333 AS a3aNna ONV NO amodom SanOH 3H1 A1N0 S301110Nl WHOA SIHl NO SanOH 3141 WHOd 11021Add KM3M 11_ ATTACHMENT C: SCOPE OF WORK SCOPE OF WORK (SOW) FORM The.Subrecipient will send a copy of the updated forni, with ALL question marks, xxx, or empty fields addresser#, to USEP for review and approval. USEP will return the approved form and the city/county project: manager will collate the copy in the EECBG Notebook. Updates also include verifying DUNS or coin •an 'individual names through EPLS for ail listed contractors. ADD LINES or, SHEETS AS NEEDED The Subrecipient's goal is to install a roof -mounted photovoltaic system on the City Center. City Center Location: 217 East Center Street Building Age (years): 76 The City Center was originally built in 1934 but remodeled in 2005. The remodel included new windows, doors and integration of new energy efficient techniques and equipment. With this grant, Moab City will roof -mount 112 photovoltaic panels at 224 w each (25 kWh total system) to provide a complete and operational grid -tied power system. This system will use a new technology: solar panels mounted parallel to the roof. The system will not be visible at street level. This system is to be professionally designed and installed by a professional electrician (S-200) or a PV contractor (S-202). This PV system is to tie back to the grid at the main electrical point of connection on the City Center. Organization: Moab City 217 East Center Street Moab, Utah 84532-2439 Ken Davey Administrative Analyst EECBG Moab City Project Manager 435-259-5121 ken@moabcity.org The Subrecipient will implement and complete the approved activities within the approved timelines by the following measures: BE THOROUGH, INFORMATION WILL COME FROM YOUR BID SELECTIONS - ADD LINES OR SHEETS AS NEEDED Activity ID: (1) The City Center, PV System A) Design/Engineering 1) Company name: 2) Verified DUNS #: 3) Work to be performed: B) General Contract Manager (3rd party — not the city/county project manager) 1) Company name: 2) Verified DUNS #: 3) Work to be performed: C) Subcontractors: ADD MORE LINES AS NEEDED 1) Company name: 2) Verified DUNS #: 3 Work to be • erformed: ACTIVITY ID: (A) City Center, PV System ,. Begin: upon receipt of "release to start work" letter from USEP. Estimated Project End Date: 12-2011 Reporting aiId invoi'_isi ;!'Jill r rite-ranly be on accompanied by a fully completed report. The option and i.!.iiist receive USEP approval prior invoice option. Ken Davey, Moab City Administrative Analyst sti.bmit monthly invoices .and reports for a monthly basis' ,_ 1 ;. -:r.•�•_ - y :. e� MUST d$ty/oaiinty project manager may request the bimonthly report invo� to signing this c0 It act. Ail other S will adi er, to the monthly report - . (Project futlanage.r for EECBG activities} Will the duration .of the project period. - Invoicing USEP and Issuing Contractor/Subcontractor Checks City/County Assigned EECBG Project Manager or Person(s) Delegated by Officials Donna Metzler City Manager 435-259-5121 donna@moabcity.org Invoicing USEP and Issuing Contractor/Subcontractor Checks Alternate: Ken Davey Administrative Analyst/Project Manager 435-259-5121 ken@moabcity.org Invoicing USEP and Issuing Contractor/Subcontractor Checks Alternate: )XX Reporting to USEP City/County Assigned EECBG Project Manager Ken Davey Administrative Analyst/Project Manager 435-259-5121 ken@moabcity.org Reporting to USEP Alternate: XXX END ATTACHMENT D: PROJECT BUDGET AND JUSTIFICATION PROJECT BUDGET AND JUSTIFICATION FORM PAGE 1 OF 1 The Subrecipient will send a copy of the updated foam, with ALL question marks. xxx, or amply fields addressed, to USEP for review and approval. USEP will return the approved form and the citylcounty }project manager will collate the copy in the EECBG Notebook, it Contractual costs are those costs estimated by contractors for the EECBG funded energy efficiency and renewable energy systems and installation, and by the applicant for reporting to USEP. Change orders to this Budget must include sufficient supporting documentation and approval by the USEP. Secured leveraged funds are Subrecipient funds or in -kind contributions, non-ARRA rebates, or other non-ARRA grants. The Subrecipient has proposed the following budget. ADD LINES OR SHEETS AS NEEDED Activity ID Activity Location Unit Descrip- tion Unit Quantity Unit Cost ($) Engineer Contractor Cost ($) (if separate) Subtotals ($) Leveraged Funds ($) USEP award for sub - recipient reporting to USEP - - 1 $5,625 - $5,625 - PV City Center Solar Photo- voltaic (PV) Installation 112 Panels ( 224 w each) ? ? $225,000 - END ATTACHMENT E: DOE SPECIAL TERMS AND CONDITIONS (DE-EE00000887) Subrecipients and all interested parties: The DOE Special Terms and Conditions (DE- EE00000887) - Table of Contents (numbers 1-31) is presented below. The full document may be viewed at http://geology.utah.gov/sep/stimulus/eecbg.htm. If Internet access is unavailable for any reason, please contact USEP 801-537-3394 for a hardcopy. SPECIAL TERMS AND CONDITIONS Table of Contents Number Sublect Paae 1. RESOLUTION OF CONFLICTING CONDITIONS 2 2. AWARD AGREEMENT TERMS AND CONDITIONS 2 3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS 2 4. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM 2 5. CEILING ON ADMINISTRATIVE COSTS 3 6. LIMITATIONS ON USE OF FUNDS 3 7. DISTRIBUTION OF SUBGRANTS 3 8. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS 4 9. PRE -AWARD COSTS 4 10. USE OF PROGRAM INCOME 4 11. STATEMENT OF FEDERAL STEWARDSHIP 4 12. SITE VISITS 4 13. REPORTING REQUIREMENTS 5 14. PUBLICATIONS 5 15. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 5 16. LOBBYING RESTRICTIONS 6 17. STAGED DISBURSEMENT 6 18. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 6 19. HISTORIC PRESERVATION 7 20. WASTE STREAM 7 21. DECONTAMINATION AND/OR DECOMMISSIONING (D8D) COSTS 8 22. SUBCONTRACT/SUBGRANT APPROVALS 8 23. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS 9 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) 9 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT 14 26. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS 14 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 15 28. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) - SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 18 29. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT.._22 30. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS...._22 31. DAVIS-BACON ACT REQUIREMENTS 23 End ATTACHMENT F: FEDERAL ASSURANCES 1. The Contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements as indicated below for said type of institution. 1. Hospitals: 10 CFR 600, OMB Circular A-110, and Appendix E of 45 CFR 74. 2. State Agencies, Public Schools, Local Governments, and Indian Tribal Governments: 10 CFR 600, the "Common Rule," and OMB Circulars A-128 and A-87. 3. Publicly funded Colleges and Universities: 10 CFR 600, and OMB Circulars A-110, A-133, and A-21. 4. Private Non -Profit Organizations - Private Schools: 10 CFR 600, and OMB Circulars A-110, A-133, and A-122. 5. Individuals/Private For -Profit Organizations: Not covered by OMB Circulars. El. Also, the Contractor assures and certifies with respect to the project that: (1) LEGAL AUTHORITY. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, if necessary, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (2) CIVIL RIGHTS. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance and will immediately take any measures necessary to effectuate this agreement. CIVIL RIGHTS. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) and 10 CFR Part 1040 prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment, or, (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. (4) DISPLACED PERSONS. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. (5) HATCH ACT. It will comply with the provision of the Hatch Act which limits the political activity of employees. (6) FAIR LABOR STANDARDS. It will comply with minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of state and local governments. (7) CONFLICT OF INTEREST. It will establish safeguards to prohibit employees from using their positions for a purchase that is, or gives the appearance of, being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. (8) RECORDS ACCESS. It will give the grantor agency or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant. (9) ENVIRONMENTAL PROTECTION AGENCY'S LIST OF VIOLATING FACILITIES. It will insure that the facilities under its ownership, lease, or supervision, which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (10) FLOOD INSURANCE. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of and federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guarantee, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. (11) NATIONAL HISTORIC PRESERVATION. It will assist the federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. (12) DEBARMENT AND SUSPENSION. It, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the contractor is unable to certify to any of the statements in this certification, such contractor shall attach an explanation to this contract. (13) ENVIRONMENTAL STANDARDS. If the amount of this contract exceeds $100,000, it agrees to comply with applicable standards, regulations, or orders issued pursuant to the Clean Air Act of 1970 (42 USC 1857 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended. Violations shall be reported to DOE and the Regional Office of the Environmental Protection Agency. (14) LOBBYING CERTIFICATION. If the amount of this contract exceeds $100,000, it will comply with the following: 1. No federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (15) PRIVACY ACT. The Contractor and its subcontractors will maintain no information about any individual in a manner which would violate the provisions of the Privacy Act of 1974, Public Law 93-579 as amended. (16) LIABILITIES AND LOSSES. The U.S. Department of Energy assumes no liability with respect to any damage or loss arising out of any activities undertaken with the financial support of this grant. ATTACHMENT G: 10 CFR 600.236 Presented are the Contract Provisions (i) of the 10 CFR 600.236. The remainder of the 10 CFR 600.236 applies (for complete CFR see http://ecfr.gpoaccess.gov/cgi/t/textitext- idx?c=ecfrlsid=f4c2414ad879c5881 db6f63eeac3c0aa&ron=div8&view=text&node=10:4.0.1.3.9. 3.20.23&idno=10). (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.1857(h)), section 508 of the Clean Water Act (33 U.S.C.1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8045, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19641, Apr. 19, 1995; 61 FR 7166, Feb. 26, 1996] MOAB CITY MOVED -ON STRUCTI THE PERMIT BUSINESS NAME: mac& Ass err 11 OWNER'S NAME f-YIncijk) rs,'f- A bsein4 9 y OWNER'S PHONE: MAILING ADDRESS: Rd_ arly)_ ar _ V�Y ` ci cut-- Wk15- PROPOSED USE OF STRUCTURE: (e k jO ILS TYPE OF STRUCTURE: (,l ?QCl CA ADDRESS OF PROPOSED STRUCTURE'S LOCATION 7 (16 5_ ► ► IC;d-n, S Kay 0si-e€n 3-4 K NAME OF PROPERTY OWNER (PRINT): 1(THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES; i q to S Mct ( n COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES ZONE: G3 �� Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES 13 NO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF OWNER APPROVING USE OF RESTROOM FACILITIES: ❑ No MOVED -ON STRUCTURE TERM: FROM Ste, t y I Required inspections on back. SIGNATURE OF CRY RECORDER To J .,.ly �( BUSINESS PHONE: ti3 5 .)5-q '7 7 VI �3S azS"4 --z5ct$ zz.c MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 IP'YMT RECO CITY OF MOAB JUN 15 2010 Ala �� S City of Moab Planning and Zoning Department Correspondence PL-10-075 June 17, 2010 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Historic Preservation Discussion At the last Council meeting staff submitted a request that Council review the appointment of an Historic Preservation Board (possibly to be renamed) as established in Code Chapter 17.90, Historic Preservation. Council asked that staff confirm that a separate board was needed to be created to explore available opportunities for aid from various preservation organizations. Council specifically wondered if the Planning Commission could act in the capacity of the preservation board and the answer is no. According to Susan Crook, the Utah Heritage Foundation Field Representative for Central & Southern Utah, a Certified Local Government (CLG) is eligible for CLG matching grants and technical support from the State Historic Preservation Office when a separate board (or commission) is offering recommendations to the governing body based on an approved historic preservation ordinance. The available grants to CLGs help to document and preserve historic and archaeological sites. The available support often helps leverage other resources to enhance and showcase the historic element of a community. The rich history of Moab is an asset that is underutilized and underappreciated and more can be accomplished through a partnership with the Heritage Foundation. Susan Crook has offered to conduct a Certified Local Government 101 presentation for the City if it can be arranged. p:\planning department \2010\correspondence\p1-10-075 clg hpc to council.docx