HomeMy Public PortalAboutPKT-CC-2011-11-15CITY OF MOAB
November 15, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Moab City
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Moab Oty Recorder's Office
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11/10/2011 2:11 PM
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Moab Oty Recorder's Office
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11/10/2011 2:11 PM
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, November 15, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
None
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATION
4-1 Presentation of the Mayor's Student Citizenship of the Month Awards for
November 2011 for Helen M. Knight School
4-2 Presentation of the Fiscal Year 2010-2011 Annual Audit of the City of Moab
4-3 Economic Development Presentation by Kenneth F. Davey
SECTION 5: NEW BUSINESS
5-1 Request to Send Local Consent for a Proximity Variance for Michelle and Karl
Kelley, d.b.a. Desert Bistro, Located at 36 South 100 West to Public Hearing
5-2 Request for Approval of a Grant Agreement by and between the Utah
Department of Health and the City of Moab, Club Red, Moab Teen Center
5-3 Acceptance of A Multi -Petitioner Annexation Petition by Tom Stevens (South
Area Annexation)
5-4 Acceptance of the Fiscal Year 2010-2011 Annual Audit
5-5 Request to Send the 2011-2012 Community Development Block Grant Small
Cities Application to Public Hearing
5-6 Discussion Regarding 2011 Water Conservation Plan
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
Michael Navarre, Chief of Police
MOAB CITY -POLICE DEPARTMENT
217 East Center Street, Suite #130
Moab, Utah 84532
(435) 259-8938
FAX (435) 259-8915
Date: 11/10/2011
MCPD-MEMO-11-11-01
To: Moab City Counci
From: Navarre
Re: Desert Bistro (alcohol license)
The D.A.B.0 has determined that this establishment is within the 600' proximity restriction with regards
to the Miilcreek Parkway, located on 100 W 100 So. Therefore a public hearing will be held by the State.
We concur with the D.A.B.C. on the proximity issue. The establishment is within the 600' proximity
restriction of the Parkway. This license should be forwarded to Moab City public hearing.
Measurements are attached.
Thanks
Desert Bistro
Liquor License o ,o ,o
N
80
120
160
Feet
1 inch = 60 feet
5-1
" ESTAURAAiT-L-IQUO-R-LICENSE"
LOCAL CONSENT
Date:
Attn: DABC Licensing & Compliance Section
[ ] City [ ] Town [ ] County
hereby grants its consent to the issuance of a full -service restaurant liquor license to:
Business Name: c-DZ- f -R'f :T12-0
Applicant / Business Owner:
Location Address:
Ric4-45U / fG -t2 t,
-3(a SouVi (Do u1 SFT-'
Pursuant to the provisions of Utah Code 32A-4, Part 1, this license allows for the storage, sale and
consumption of liquor on the premises.
[>4 Check if applicable
LOCAL CONSENT FOR PROXIMITY VARIANCE
In accordance with Utah Code 32A-4-101(4), the local
authority also grants consent to a variance regarding the
proximity of this establishment relative to a public or
private school, church, public library, public playground,
or park.
Authorized Signature
Print Name / Title
This is a suggested form. A city, town, or county's own form is acceptable.
Local consent may be faxed to the DABC at 801-977-6889 or mailed to:
Department of Alcoholic beverage Control
PO Box 30408
Salt Lake City, UT 84130-0408
Effective May 12, 2009 (v.8.16.10) page 7 of 44
5-1
editor@moabtimes.com
Classified -Legal Notice
Please publish the public hearing notice below in the legal notices section of as soon as possible.
Send billing and proof of publication to the attention of
Charlotte Evans
Utah Department of Alcoholic Beverage Control
P.O. Box 30408
Salt Lake City, UT 84130-0408.
If you have any questions, please feel free to call me or Charlotte at 977-6800.
Thank you very much.
Sincerely,
Keith Zuspan
Licensing and Compliance Division
Utah Department of Alcoholic Beverage Control
Legal Notice
Pursuant to sections 32B-1-202 Utah code annotated, a public hearing will be held on Friday, November 18,
2011, at 4:30 p.m., at the Desert Bistro, 36 South 100 West, Moab, Utah to gather information regarding
whether a variance should be granted to the Desert Bistro to receive a liquor license located at 36 South 100
West.
The proposed Desert Bistro restaurant is located within the 600 foot proximity restriction of the Alcoholic
Beverage Control Act with regard to the Friends of the Parkway pathway (Moab Park System) located on 100
South.
Public input is welcome. Written comments/input may be sent to: UDABC, PO Box 30408, Salt Lake City, UT
84103-0408
Dated this 2nd day of November 2011
Utah Department of Alcoholic Beverage Control
CCIJ[3
-Lpp ll
Moab Teen Center
Club Red's mission is to encourage and empower
Grand County teens to co -create community and culture
through recreation, art, service, and leadership.
217 East Center St, Moab, UT 84532 (435) 259-9991
teencenter@moabcity.orq
Personal Responsibility Education Program (REP grant)
The purpose of this program is to reduce the number of Grand County teens engaged in high risk behaviors
including unprotected sexual intercourse —by providing youth with essential knowledge, attitudes, beliefs, skills,
and the motivation to reduce risk behaviors.
The curriculums within PREP replicate evidence -based programs that have been proven to change behavior.
Target Population
This program is designed for high-school aged participants (14-19 years), with a specific focus on high risk youth,
including those in the Utah Juvenile Justice System, current teen moms, youth of non -white origin, or youth
residing in areas with birth rates higher than the Utah state rate
Implementation
PREP will work with 10-20 students per eight- to nine -week session and integrate school -based life skills classes
with community -based pregnancy and STI prevention classes and adulthood preparation classes. Community -
based classes will meet twice a week, ending before 5:30 pm (specific times and location are TBD).
Life and relationship skills and attitudes are addressed through the current Botvin Life Skills Training program
taught in Grand County Middle School and High School through Four Corners Mental Health. In the event that
PREP participants have not been through this training, supplemental classes will be added to the community -based
classes.
Seven weeks of pregnancy and STI prevention will be addressed through the community -based class All4You (see
below).
One additional community -based classed will address financial responsibility, for a total of eight weeks of classes.
If needed two additional classes will be added to address relationship and life skills, for a total of nine weeks of
classes.
All4You1
This curriculum consists of two primary instructional components that are integrated and delivered as a 14-lesson
program (about 26 hours total):
• Nine lessons addressing knowledge, attitudes, beliefs and skills to prevent HIV, other STD, and
pregnancy, including both abstinence and contraceptive use (70-90 minutes each)
• Five service -learning visits in the community to foster hope for the future, personal motivation and
community connectedness (140 minutes each including travel to and from the site)
5-2
CCIJ[3
ffAt.n
Monti Teen Center
Curriculum Subjects
• Sexually transmitted diseases
• Behaviors that put youth at risk for STDs
• Building empathy for others in the community
• Using our skills in the community
• Negotiation and Refusal skills
• Methods of protection from STD, HIV, unintended pregnancy (abstinence, birth control, condoms)
• Setting and communicating boundaries
• Taking personal responsibility
• Condom use
• Handling sexual risk situations
City's Obligation
The Teen Center director will directly oversee all grant administration, the funding will be funneled through the
City so there will be time spent during budgeting and for all requisitions and accounting by other City staff. We
have hired 2 coordinators to directly implement and recruit for the program.
Budget
Year 1 budget $81,660
Year 2-3 budget $55,705
Monies are obligated for salaries for the coordinators and partial funding for Director, trainings, supplies, and
travel.
5-2
UTAH DEPARTMENT OF HEALTH
Box142001
288 North 1460 West, Salt Lake City, Utah 84114-2001
GRANT AGREEMENT
H1128502
Uepartment Log Number
State Grant Number
1. GRANT NAME:
The name of this Grant is Personal Responsibility Education Program.
2. GRANTING PARTIES:
This Grant is between the Utah Department of Health (DEPARTMENT), and City of Moab Club Red: Moab
Teem Center(GRANTEE).
3. GRANT PERIOD:
The service period of this Grant will be September 1, 2011 through September 30, 2015, unless terminated or
extended by agreement in accordance with the terms and conditions of this Grant. This Grant may be extended
annually 5 times, at the option of the DEPARTMENT, by means of an amendment to this Grant. Such extension
must be in writing.
4. GRANT AMOUNT:
The DEPARTMENT will pay the GRANTEE up to a maximum amount of $248.775.00 in accordance with the
provisions in this Grant. This Grant Is funded with 109% Federal funds. The CFDA # is 93.092 and relates to
the federal funds provided.
5. GRANT INQUIRIES:
Inquiries regarding this Grant shall be directed to the following individuals: •
GRANTEE
Contact Person: Jen Williams
Business Address: 217 E Center Street
Moab, Utah 84532
Phone Number: (435)259-9991
DEPARTMENT
Program:
Contact Person:
Phone Number.
E-mail Address:
Maternal and Infant Health
Jennifer Mayfield
(801)538-9317
imavfieldAutah.gov
E-mail Address: teencenteremoabcity.org
6. REFERENCE TO ATTACHMENTS INCLUDED AS PART OF THIS GRANT:
Attachment A; General Grant Provisions Attachment B: Special Provisions
Attachment C: Expenditure Report Attachment D: Progress Report
7. PROVISIONS INCORPORATED INTO THIS GRANT BY REFERENCE, BUT NOT ATTACHED HERETO:
A. All other govemmental laws, rules, regulations, or actions applicable to services provided herein.
B. If the Grantee has provided the Department with Assurances, then the Department is entering into this
agreement based upon the Assurances provided by the Grantee and the Assurances are incorporated by
reference.
C. Grant Application, to the extent it does not conflict with the Grant Agreement and General Grant Provisions.
8. This Grant must be signed by a representative of the State Division of Finance to bind the State and the
Department to this Grant.
9. This Grant, its attachments, and all documents incorporated by reference constitute the entire agreement
between the parties and supercede all prior negotiations, representations, or agreements, either written or oral
between the parties relating to the subject matter of this Grant.
IN WITNESS WHEREOF, the parties sign this Grant.
GRANTEE: City of Moab UTAH DEPARTMENT OF HEALTH
By: By:
Signature of Authorized Individual Date Shari A. Watkins, C.P.A.
Director
Print Name: Rachel Ellison Office of Fiscal Operations
Title: City Recorder
Date
State Finance: Date
Page 1 of 1 Doc#99-0029 Rev. 8123/11
5-2
ATTACHMENT "Ali
UTAH DEPARTMENT OF HEALTH
General Grant Provisions
July 13, 2010
I. GRANT DEFINITIONS 1
II. AUTHORITY 1
III. MISCELLANEOUS PROVISIONS 2 .
IV. UTAH INDOOR CLEAN AIR ACT 4
V. RELATED PARTIES & CONFLICTS OF INTEREST 4
VI. OTHER GRANTS 4
VII. SUBGRANTS & ASSIGNMENTS 4
VIII. FURTHER WARRANTY 4
1< y 4
�+ IX. INFORMATION OWNERSHIP 44 4
X. SOFTWARE OWNERSHIP 4
XI. INFORMATION PRACTICES 5
XII. INDEMNIFICATION 5
XIII. SUBMISSION OF REPORTS 6
XIV. PAYMENT 6
XV. RECORD KEEPING, AUDITS, & INSPECTIONS 6
v
XVI. GRANT ADMINISTRATION REQUIREMENTS 7
XVII. DEFAULT, TERMINATION, & PAYMENT ADJUSTMENT 9
i
XVIII. FEDERAL REQUIREMENTS 10
Y A
k
C
Doc $ 01-007np11 Ray. 7113i1.6
ATTACHMENT -"A"
UTAH DEPARTMENT OF HEALTH GENERAL GRANT PROVISIONS
I. " GRANT DEFINITIONS
The following definitions apply in these general grant provisions:
"Assign" or "Assignment" means the transfer of all rights and delegation of all duties in the grant to another person.
"Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any
other private legal entity.
"This Grant" means this agreement between the Department and the Grantee, including both the General Grant
Provisions and the Special Provisions.
"The Grantee" means the person who delivers the services or goods described in this Grant, other than the state or the
Department.
"The Department" means the Utah Department of Health.
"Director" means the Executive Director of the Department or authorized representative.
"Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year
and an acquisition cost which equals the lesser of (a) the capitalization level established by the Grantee for financial
purposes, or (b) $5,000.00, unless a different definition or amount is set forth in the Special Provisions or specific
Department Program policy as described in writing to Grantee. .
"Federal law" means the constitution, orders, case law, statutes, rules, and regulations of the federal government.
"Grant provisions" means those provisions of this Grant which are set forth under the heading "General Grant
Provisions."
"Governmental entity" means a federal, state, local, or federally -recognized Indian tribal government, or any
subdivision thereof. K r K
"Individual" means a living human bei4. [r
"Local health department" means a local health department as defined in § 26A-1-102, Utah Code Annotated, 1953 as
amended (UCA.).
"Non -governmental entity" means privately held non-profit or for profit orgaaizatian not classified as a
"Governmental entity."
'Person" means any governmental entity, business, individual, union, committee, club, other organization, or group of
individuals.
"Recipient" means an individual who is eligible for services provided by the Department or by an authorized Grantee of
the Department under the terms of this Grant.
"Services" means the furnishing of labor, time, or effort by a Grantee, not involving the delivery of a specific end product
other than.reports which are merely incidental to the required performance.
"Special provisions" means those provisions of this Grant which aro in addition to the General Grant Provisions and
which more fully describe the goods or services covered by this Grant.
"State" means the State of Utah. {
"State law" means the constitution, orders, cast law, statutes, and rules, of the state.
"Sub grant" means any signed agreement between the Grantee and a third party to provide goods or services for which
the Grantee is obligated, except purchase orders for standard commercial equipment, products, or services.
"Sub grantee" means the person who performs the services or delivers the goods described in a subgrant.
II. AUTHORITY ,
1. The Department's authority to enter into this Grant is derived from Chapter 6, Title 63G, UCA; Titles'26 and 26A, UCA; and
from related statutes.
2. The Grantee represents that it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of the project or services described in this Grant.
III. MISCELLANEOUS PROVISIONS
1. For reference clarity, as used in these General Grant Provisions: "ARTICLE" refers to a major topic designated by capitalized
Page 1 of 13
Doc # m-aorsgpon Rev. rnvio
Ai IACNMENT "A"
roman numerals; "SECTION" refers to the next lower numbered heading designated by arabic numerals, and "SUBSECTIONS"
refers to the next two lower headings designated by lower case letters and lower case roman numerals.
2. if the General Grant Provisions and the special provisions of this Grant conflict, the special provisions govern.
3. These provisions distinguish between two Grantee types; Governmental and Non -governmental. Unspecified text applies to
both es. T ecific statements ear in told print e. Non -governmental entities only).
+
tYP Type -specific appear P (8•, S Y)•
4. Once signed by the Director and the State Division of Finance, when applicable, and the State Division of Purchasing, when
applicable, this Grant becomes effective on the date specified in this Grant. Changes made to the unsigned Grant document shall
be initialed by both persons signing this Grant on page one. Changes made to this Grant after the signatures are made on page ono
may only be made by a separate written amendment signed by persons authorized to amend this Grant.
5. Neither party may enlarge, modify, or reduce the terms, scope of work, or dollar amount in this Grant, except by written
amendment as provided in section 4.
6. This Grant and the grants that incorporate its provisions contain the entire agreement between the Department and the Grantee.
Any statements, promises, or inducements made by either party or the agent of either party which are not contained in the written
Grant or other grants are not valid or binding.
7. The Grantee shall comply with all applicable Iaws regarding federal and state taxes, unemployment insurance, disability
insurance, and workers' compensation.
.8. The Grantee is an independent contractor, having no authorization, express or implied, to bind the Department to any
agreement, settlement, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the Department
unless expressly set forth herein. Compensation stated herein shall be the total amount payable to the Grantee by the Department.
The Grantee shall be responsible for the payment of all income tax and social security amounts due as a result of payments
received from the Department for these grant services.
9. The Grantee shall maintain all licenses, permits, and authority required to accomplish its obligations under this Grant.
10, The Grantee shall obtain prior written Department approval before purchasing any equipment with grant funds.
f 11. Nbtice shall be in writing, directed to the contact person on page one of this Gran, and delivered by certified mail or by hand
to the other party's most Currently knhwn address. The notice shall be effective when placed in the U.S. mail or hang -delivered.
12. The Department and the Grantee shall attempt to resolve grant disputes through available administrative remedies prior to
initiating arty court action.
11 This Grant shall be construed and governed by the laws of the State of Utah. The Grantee submits to the jurisdiction of the
courts of the State of Utah for any dispute arising out of this Grant or the breach thereof. The proper venue of any legal action
arising under this grant shall be in Salt Lake City, Utah.
14. Any court ruling or other binding legal declaration which declares that any provision of this Grant is illegal or void, shall not
affect the legality and enforceability of any other provision of this Grant, unless the provisions are mutually dependent.
15. The Grantee agrees to maintain the confidentiality of records that it holds as agent for the Department as required by the
Government Records Access and Management Act, Title 630, Chapter 2, UCA and the confidentiality of records requirements of
Title 26, UCA.
16. The Grantee agrees to abide by the State of Utah's executive order, dated March 17,1993, which prohibits sexual harassment
in the workplace.
17. The waiver by either party df any provision, term, covenant or condition of this Grant shall not be deemed to be a waiver of
any other provision, covenant or condition of this Grant nor any subsequent breach of the same or any other provision, term,
covenant or condition of this Grant.
18. The Grantee agrees to warrant and assume responsibility for each hardware, fmbware, and/or software product (hereafter
called the product) that it licenses„ox ells to_the r p ) �pattment_undeLthis Grant-that�he-that
Commercial Code applies to this Grant. In general, the Grantee warrants that: (a) the product will do what the salesperson said it
would do, (b) the product will live up to all specific claims that the manufacturer makes in their advertisements, (c) the product
will be suitable for the ordinary purposes for which such product is used, (d) the product will bd suitable for any special "
purposes that the Department has relied on the .Grantee's skill or judgement to consider when it advised the Dvartment about the
product, (e) the product has been properly designed and manufactured, and (f) the product is free of significant defects or unusual
problems about which the Department has not been warned..
19. 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 for from State funds and used in the exercise of that entity's essential functions. If the items
Page 2 of 13
Poet 01-001ggp#1 Rev. in3100
ATTACHMENT "A"
purchased are construction materials, they will be converted into real property by employees of this government entity, unless
otherwise stated in the grant.
20. The Grantee agrees that the Grant will be a public document, and may be available for distribution. Grantee gives the
Department express permission to make copies of the Grant and/or of the response to the solicitation in accordance with State of
Utah Government Records Access and Management Act. The permission to make copies as noted will take precedence over any
statements of confidentiality, proprietary information, copyright information, or similar notation.
2I. This Grant may be amended, modified, or supplemented only by written amendment to the Grant, executed by the parties
hereto, and attached to the original, signed copy of the Grant.
22. Unless otherwise specified in this Grant, all deliveries will be F.O.B. destination with all transportation and handling charges
paid by the Grantee. Responsibility and liability for loss or damage will remain with Grantee until fmal inspection and
acceptance, when responsibility will pass to the Deparhnent, except as to latent defects, fraud and Grantee's warranty obligations.
23. All order; will be shipped promptly in accordance with the delivery schedule. The Grantee will promptly submit invoices
(within 30 days of shipment or delivery of services) to the Department The State grant number shall be listed on all invoices,
freight tickets, and correspondence relating to the Grant order. The prices paid by the Department will be those prices listed in the
Grant. The Department has the right to adjust or return any invoice reflecting incorrectpricing.
24. The Grantee will release, indemnify, and hold the State, its officers, agents, and employees harmless from liability of any kind
or nature, including the Grantee's use of any copyrighted or nu -copyrighted composition, secret process, patented or un-patented
invention, article, or appliance furnished or used in the performance of this Grant.
25. Neither party to this Grant 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 Department may terminate this Grant after determining that such delay or default will
reasonably prevent successful performance of the Grant
26. The Grantee 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,
Moan, or reward„ for any promisetthereof to any person acting as a procurement &Beer on behalfbf the State, or Tho in any official
capacity participatesin the proburement of such supplies, services, construction, or insurance, whether it is gilen for their own use
or for the use or benefit of any other person or organization (63G-6-1002, Utah Code Armotated, 1953 as amended).
27. Grantee Terms and Conditions that apply must be in writing and attached to the Grant. No other Terms and Conditions will
apply to this Grant, including terms listed or referenced on a Grantee's website, terms listed in a Grantee quotation/sales order,
etc. In the event of any conflict in the grant terms and conditions, the order of precedence shall be: a. Department General Grant
Provisions; b. Department Special Provisions; o. Grantee Terms and Conditions.
28. The Grantee agrees to maintain the security and integrity of any electronic media that contains confidential data procured or
used pursuant to the undertaking of this agreement. At the termination of this agreement the Grantee shall certify in writing that
all such confidential data has been disposed of in such a manner that it cannot be recovered or recreated. If, as part of this
agreement, the Department has provided the Grantee with any type of electronic data storage device, the Grantee shall return all
devices to the Department at the termination of this agreement.
IV. UTA I INDOOR CLEAN AIR ACT
The Grantee, for all persosinel operating within the State of Utah, shall comply with the Utah Indoor Cledn Air Act, Title 26,
Chapter 38, UCA, which prohibits smoking in public places.
V. RELATED PARTIES & CONFLICTS OF INTEREST
1. The Grantee may not pay related parties fgt. goods, .ces, facilities,leases, salaries wages, professional fees, or-thelike'r-for
grant expenses without the prior written consent of the Department. The Department may consider the payments to the related
parties as disallowed expenditures and accordingly adjust the Department's payment to the Grantee for all related party payments
made without the Department's consent. Ad used in this section, "related parties" means *fay person related to the Grantee liy
blood, marriage, partnership, common directors or officers, or 10% or greater direct or indirect ownership in a common entity.
2. The Grantee shall comirly with the Public Officers' and Employees' Ethics Act, § 67-16-10, UCA, which prohibits actions that
may create or that are actual or potential conflicts of interest It also provides that "no person shall induce or seek to induce any
public officer or public employee to violate any of the provisions of this act" The Grantee 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, UCA.
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ATTACHMENT "A"
VI. OTHER GRANTS
I. The Department may perform additional work related to this Grant or award other grants for such work The Grantee shall
cooperate fiully with other grantees, public officers, and public employees in scheduling and coordinating Font work. The .
Grantee shall give other dantees reasonable opportunity to execute their work and shall not interfere with the scheduled work of
other grantees, public officers, and public employees.
2. The Department shall not unreasonably interfere with the Grantee's performance of its obligations under this Grant
VII, SUBGRANTS & ASSIGNMENTS
The Grantee shall not assign, sell, transfer, subgrant, or sublet rights or delegate responsibilities under this Agreement, in whole or
part, without the prior written consent of the Department. The Department
agrees that the Grantee may partially subgrant servic es,.provided that the Grantee retains ultimate responsibility for performance
of all terms, conditions and provisions of this Agreement When subgranting, the Grantee agrees to use written subgrants that
conform with Federal and State laws. The Grantee shall request Department approval for any assignment at least 20.days prior to
its effective date.
VIII. FURTHER WARRANTY
The Grantee warrants that (a) all services shall be performed in conformity with the requirements of this Grant by qualified
personnel in accordance with generally recognized standards; and (b) all goods or products furnished pursuant to this Grant shall
be free from defects and shall conform to grant requirements. For any item that the Department determines does not conform
with the warranty, the Department may arrange to have the item repaired or replaced, either by the Grantee or by a third party at
the Department's option, at the Grantee's expense.
d . IX. INFORiMATfON OWNERSHIP !
Except for confidential medical records held by direct care providers, the Department shall ownexclusivetitle to all information
gathered, reports developed, and conclusions reached in performance of this Grant The Grantee may -not use, except in meeting
its obligations under this Grant, information gathered, reports developed, or conclusions reached in performance of this Grant
without the express written consent of the Department.
X. SOFTWARE OWNERSHIP
1. If the Grantee develops or pays to have developed computer software exclusively with funds or proceeds from this Grant to
perform its obligations under this Grant, or to perform computerized tasks that it was not previously performing to meet its
obligations under this Grant, the computer software shall be exclusively owned by or licensed to the Department. In the case of
software owned by the Department, the Departnent grants to the Grantee a nontransferable, nonexclusive license to use the
software in the performance of this Grant. In the case of software licensed to the Department, the Department grants to the
Grantee permission to use the software in the performance of this Grant. This license or permission, as the case may be,
terminates when the Grantee has completed its work under this Grant
2. If the Grantee develops or pays to have developed computer software which is an addition to existing software owned by or
licensed exclusively with funds or proceeds from this Grant, or to modify software to perform computerized tasks in a manner
different than previously performed, to meet its obligations under this Grant, the addition shall be exclusively owned by or .
licensed to the Department. In the case of software owned by the Department, the Department grants to the Grantee a
nontransferable, nonexclusive license to use e_so}tware3n_the_perfomiancenf_this Grant In the-case-ofsoitwaze licensed to -the
Department, the Department grants to the Grantee permission to use the software in the performance of this Grant This license or
permission, as the case may be, terminates when the Grantee has completed its work under this Grant.
r 3. If the Grantee uses computer software licensed to it which it does not m'bdify or program to handle the specific tasks required
by this grant, then to the extent allowed by the license agreement between the Grantee and' he owner of the software, the Grantee
grants to tht Department a continuing nonexclusive license to use the software, either by the Department or by a different
Grantee, to perform work substantially identical to the work performed by the Grantee under this Grant If the Grantee cannot
grant the license as required by this section, then the Grantee shall reveal the input screens, report formats, data structures,
linkages, and relations used in performing its obligations under this Grant in such a manner to allow the Department or another
Grantee to continue the work performed by the Grantee under this Grant
. a. The Grantee shall deliver to the Department a copy of the software or information required by this Article within 90 days after
k
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ATTACHMENT -"Air
the commencement of this Grant and thereafter immediately upon making a modification to any Of the software which is the
subject of this Grant.
XI. INFORMATION PRACTICES
1. (Governmental entities only) The Grantee shall establish, maintain, and practice information procedures and controls that
comply with Federal and State law. The Grantee assures that any information about an individual that it receives or requests from
the Department pursuant to this Grant is necessary to the performance of its duties and functions and that the information will be
used only for the purposes set forth in this Grant. The Department shall inform the Grantee of any non-public designation of any
information it provides to the Grantee.
2. (Non -governmental entities only) The Grantee shall establish, maintain, and practice information procedures and
controls that comply with Federal and State law. The Grantee may not release any information regarding any person from any
information provided by the Department, unless the Department fast consents in writing to the release.
XII. INDEMNIFICATION
1. (Governmental entitles only) It is mutually agreed that each party assumes liability for the negligent or wrongful acts
committed by its own agents, officials, or employees, regardless of the source of funding for this Grant. Neither party waives ally
frights or defenses otherwise available under the Governmental Immunity Act.
2. (Non -governmental entitles only) To the extent authorized by Iaw, the Grantee shall indemnify and hold harmless the
Department and any of its agents, officers, and employees, from any claims, demands, suits, actions, proceedings, loss, injury,
death, and damages of every kind and description, including any attomey's fees and litigation expenses, which may be brought,.
made against, or incurred by that party on account of loss or damage to any property, or for injuries to or death of any person,
caused by, arising directly or indirectly out of, or contributed to in whole or in part, by reason of any alleged act, omission,
professional error, fault, mistake, or negligence of the Grantee or its employees; agents, or representatives, or subgrantees or
Grant employees, agents, or repltesentatives, in oonnection with,i cident te, or arising directly or indirectly outeof this Grant, ort
arising out of workers' compensation claims, unemployment, ofclaims under similar such laws or obligations.
5
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ATTACHMENT "A"
XIII. SUBMISSION OF REPORTS
If the Grantee is a Local Health Department, it shall submit monthly expenditure reports to the Department in a format approved
by the Department. All other Grantees shall submit monthly summarized billing statements to the Department. Expenditure
reports and billing statements must be submitted to the Department within 30 days following the last day of the month in which
the expenditures were incurred or the services provided.
XIV. PAYMENT
1. If a recipient, a recipient's insurance, or any third -party is responsible to pay for services rendered pursuant to this Grant, the
Grantee shall bill and collect for the goods or services provided to the recipient. The Department shall reimburse total actual
expenditures, less amounts collected as required by this section.
2. Under no circumstances shall the Department authorize payment to the Grantee that exceeds the amount specified in this Grant
without an amendment to the Grant.
3. The Department agrees to make every effort to pay for completed services, and payments are conditioned upon receipt of
applicable, accurate, and completed reports prepared by the Grantee and delivered to the Department. The Department may delay
or deny payment for final expenditure reports received more than 20 days after the Grantee has satisfied all Grant requirements.
4. In the case that funds are not appropriated or are reduced, the Department will reimburse Grantee for'products delivered or
.services performed through the date of cancellation or reduction, and the Deparment will not be liable for any future
commitments, penalties, or liquidated damages.
XV. RECORD KEEPING, AUDITS, & INSPECTIONS
1. The Grantee shall use an accrual or a modified accrual basis for reporting annual fiscal data, as required by Generally
Accepted Accounting Principles (GAAP). Required monthly or quarterly reports may be reported using a cash basis.
2. The Grantee and any subgrantees shall maintain financial and operation records relating to grant services, requirements,
collections, and expeiditureg in sufficient dejarl to document all grant fund transactions. The Grantee and airy snbgrantees shall
maintain and make all records necessary and reasonable for ktfull and complete audit, inspection, and monitoring of services by •
state and federal auditors, and Department staff during normal business hours or by appointment, until all audits and reviews
initiated by federal and state auditors are completed, or for a period of four years from the date of termination of this Grant,
whichever is longer, or for any period required elsewhere in this Grant.
3. The Grantee shall retain all records which relate to disputes, litigations, claim settlements arising from grant performance, or
cosdexpense exceptions initiated by the Director, until all disputes, litigations, claims, or exceptions are resolved.
4. The Grantee shall comply with federal and state regulations concerning cost principles, audit requirements, and grant
administration requirements, cited in Table 1. Unless specifically exempted in this Grant's special provisions, the Grantee must
comply with applicable federal cost principles and grant administration requirements if state funds are received The Grantee
shall also provide the Department with a copy of all reports required by the State of Utah Legal Compliance Audit Guide
(SULCAG) as defined in Chapter 2a, Title 51, UCA. All federal and state principles and requirements cited in Table 1 are
available on the Web at the addresses indicated. A Grantee who receives federal or state funds may be subject to federal and state
reporting requirements. A Grantee who receives $500,000 or more per year from federal sources may be subject to the federal
single audit requirement. Counties, cities, towns, schopl districts, and all non-profit corporations that receive 50 percent or more
of its funds from federal, state or local governmental entities are subject to the State of Utah Legal Compliance Audit Guide.
Copies of required reports shall be sent to the Utah Department of Health, Office of Internal Audit & Program Integrity, Box
143103, Salt Lake City, Utah 84114-3103.
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ATTACHMENT "lei"
Federal and State Principles and Requirements
Grantee
State or Local Govt. 8
Indian Tribal Govts.
Hospitals
College or University
Non-Profd Organization
For -Profit Organization
Documents
OMB Circulars
OMB Common Rule
CFRs
SULCAG
Cost
Principles .
OMB CircularA-87
45 CFR 74
OMB Circular A-21
OMB CircularA-122
48 CFR 31
Federal Audit
Requirements
OMB CIrculahA-133
State Audit
Requirements
SULCAG
Grant Admin.
Requirements
OMB Common Rule
(Circular A-102)
OMB CircularA-133 SULCAG OMB Common Rule
or Circular A-110
OMB Circular A-133
OMB CircularA-133
n/a
SULCAG
SULCAG
n/a
OMB Circular A-110
OMB CircularA-110
OMB Circular A-110
Web Address
http:I/www.whitehouse.gov/omb/dreulars/index.html
http://www.whitehouse.q9v/omblqrants/attach.htmt
http://www.access.gpo.qovinaraichIctr-table-search.html
http://www.sao.utah.gov/laResources.html Select "Legal Compliance Audit Guide'
Table 1
XVI. GR�NT ADMINISTRATION REQUIREMENTS t 4 +t
The Grantee agrees to administer this Grant in compliancet4ith either OMB Common Rule (Circular A-102) or OMB Circular A-
110 depending upon the legal status of the of the Granteer as shown in Table 1. Financial management, procurement, and
affirmative step requirements specify that:
1. the Grantee must have fiscal control and accounting procedures sufficient to:.
a. permit preparation of reports required by this Grant, and
b. pemrit the tracing of funds to a level of expenditures adequate to establish that such funds have not been used in
violation of the restrictions and prohibitions of applicable statutes.
2. the Grantee's financial management systems must meet the following standards:
a. financial reporting. Accurate, current, and complete disclosure of the financial results of financially assisted
activities must be made in accordance with the financial reporting requirements of this Grant.
b. accounting records. The Grantee must maintain records which adequately identify the source and application of
funds provided for federally financially -assisted activities. These records must contain information pertaining to the
Grantee's awards and authorizations, obligations, unobiigated balances, assets, liabilities, outlays or expenditures, and
income.
c. in ternal control. Effective control and accountability must be maintained for all Grant cash, real and personal
property, and other. assets. The Grantee must adequately safeguard all such property and must assure that it is used solely
for authorized purposes.
d, budget control. Actual expenditures or outlays must be compared with budgeted _amounts _for the Grant. Financial
information must be related to performance or productivity data, including the development of unit cost information
whenever appropriate or specifically required in this Grant. If unit cost data are required, estimates based on available
documentation will be acceptq l whenever possible. r f
3. Federal OMB cost principles, federal agency program regulations, and the terms of grant and subgrant, and grant agreements
will be followed in determining the reasonableness! allowability, and ailocability of costs.
a, source documentation. Accounting records must be supported by such source documentation as canceled checks,
paid bills, payrolls, time and attendance records, grant and subgrant award documents, etc.
b. cash management. Procedures for minimizing the time elapsing between the transfer of funds from the U.S.
Treasury and disbursement by the Department and the Grantee must be followed whenever advance payment procedures
are used.
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4, the Grantee shall use its own procurement procedures which reflect applicable State and local laws, rules, and regulations,
provided that the procurements conform to applicable Federal law and the standards identified in this Grant.
a. The Grantee will maintain a grant administration system which ensures that subgrantees perform in accordance with the
terms, conditions, and specifications of its grants or purchase orders.
b. The Grantee will maintain a written code of standards cif conduct governing the performance of its employees engaged
in the award and administration of grants. No employee, officer or agent of the Department or the Grantee shall
participate in selection, or in the award or administration of a grant supported by federal funds if a conflict of interest, real
or apparent, would be involved. Such a conflict would arise when:
i. the employee, officer or agent,
H. any member of his immediate family,
Hi. his or her partner; or
iv. an organization which employs, or is about to employ, any of the above, has a financial or other interest in the
firm selected for award. The Department's or the Grantee's officer, employees or agents will neither solicit nor accept
gratuities, favors or anything of monetary value from grantees, potential grantees, or parties to subagreements. The
Department and the Grantee may set minimum rules where the financial interest is not substantial or the gift is an
unsolicited item of nominal intrinsic value. To the extent permitted by State or local law orregulations, such
standards or conduct will provide for penalties, sanctions, or other disciplinary actions fbr violations of such
standards by the Department's or the Grantee's officers, employees, or agents, or by subgrantoes or their agents.
c. The Grantee's procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or
duplicative items, Consideration should be given to consolidating or breaidng out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other
appropriate analysis to determine the most economical approach.
d. To foster greater economy and efficiency, the Grantee, if a governmental entity, is encouraged to enter into State and
Iocal inteigovern mental agreemepts for procurement or use of common goods and services. V +
e. If allowed by law, the Grantee is eneouragedlto use Federal excess and surplus property in lieu of purchasing new
equipment and properly whenever such use is feasible and reduces project costs.
f. The Grantee may grant only with responsible grantees possessing the ability to perform successfully under the terms
and conditions of a proposed procurement.
g. The Grantee shall maintain records sufficient to detail the significant history of a procurement. These records shall
include, but are not necessarily limited to the following:
i. the rationale for the method of procurement,
ii. selection of grant type,
iii, grantee selection or rejection, and
iv. the basis for the grant price.
h. The Grantee may use time and material type grants only:
i. after a determination that no other grant is suitable, and
ii. if the Grant includes a ceiling price that the Grantee exceeds at its own risk.
i. The Grantee alone will be responsible, in accordance with good administrative practice and sound business judgment, 4
for the settlement of all grant and administrative issues arising out of procurements. These issues include, but are not
limited to source evaluation, protests, disputes, and claims. These standards do not relieve the Grantee of any grant
responsibilities under its grants,
j. The Grantee shall have protest procedures to handle and resolve disputes relating to its procurements and shall in all
instances disclose information regarding the protest to the federal funding agency. A protestor must exhaust all
administrative remedies with the Department and the Grantee before pursuing q protest with the federal funding agency,
5. the Grantee shall take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor
surplus area firms are used when possible. Affirmative steps shall include:
a, placing qualified imall and minority businesses and women's business enterprises on solicitation lists;
r
b. assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential
sources;
c. dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority business, and women's business enterprises;
d, establishing delivery schedules, where the requirement permits, which encourage participation by small and minority
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