HomeMy Public PortalAboutPKT-CC-2012-05-22CITY OF MOAB
May 22, 2012
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
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City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, May 22, 2012 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 April 10, 2012
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 Award for
April and May 2012 for Helen M. Knight School
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
5-1 Public Input on Proposed Resolution #08-2012 — A Resolution Adopting the
2012-2013 Fiscal Year Budget
SECTION 6: NEW BUSINESS
6-1 Approval of a Request for a Refund of Special Event License Fees by Relay for
Life in an Amount Not to Exceed $80.00
6-2 Approval of a Request by Amy Herzog for an Amplified Music Event at Old
City Park on May 26, 2012
6-3 Approval of the Jones 1 Subdivision — A Petition to Vacate, Alter or Amend a
Subdivision Plat for 594-598 Doc Allen Drive in the R-2 Zone
6-4 Approval of the HaiDust Subdivision #2 — A Petition to Vacate, Alter or
Amend a Subdivision Plat for 532 Doc Allen Drive in the R-2 Zone
Page 3 of 150
6-5 Approval of the Desert Moon Holdings Subdivision — A Petition to Vacate,
Alter or Amend a Subdivision Plat at 59-65 East Center Street in the C-3 Zone
6-6 Approval of Proposed Resolution #09-2012 — A Resolution Adopting the City
of Moab Health Savings Account Plan and Summary Plan Description
Documents
6-7 Request to Send Proposed Ordinance #2012-10 - An Ordinance Amending
The City Of Moab Classified Hourly Pay Rate Schedule And Exempt And
Elected Officials Salary to Public Hearing
6-8 Approval of Assignment of Legal Claims and Agreement for Corrective Work
6-9 Approval of the Final Plat for the Millcreek Village Phase I Planned Unit
Development (PUD)
6-10 Approval of the Millcreek Village PUD Subdivision Improvements Agreement
6-11 Acceptance of a Trust Deed for the Financial Guarantee for the Millcreek
Village PUD Improvements in the Amount of $277,296.75
6-12 Acceptance of a Trust Deed for the Financial Guarantee for the Millcreek
Village PUD Improvements in the Amount of $300,000
6-13 Approval of a Business Associate Agreement By and Between National
Benefits Services, LLC and Moab City Corporation HSA
6-14 Approval of a Service Agreement By and Between National Benefits Services,
LLC and Moab City Corporation HSA
6-15 Approval of Healthways Provider Agreement
SECTION 7: READING OF CORRESPONDENCE
SECTION 8: ADMINISTRATIVE REPORTS
SECTION 9: REPORT ON CITY/COUNTY COOPERATION
SECTION 10: MAYOR AND COUNCIL REPORTS
SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 12: EXECUTIVE SESSION
12-1 An Executive Session to Discuss the Character, Professional Competence or
Physical or Mental Health of an Individual
SECTION 13: 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
Page 4 of 150
MOAB CITY COUNCIL
REGULAR MEETING
April 10, 2012
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, Kirstin Peterson, Jeffrey Davis, Doug McElhaney and Gregg
Stucki; City Treasurer Jennie Ross, Community Development Director
David Olsen, City Engineer Rebecca Andrus, City Planner Jeff Reinhart,
Public Works Director Jeff Foster, Police Chief Mike Navarre, City
Manager Donna Metzler and City Recorder/Assistant City Manager
Rachel Stenta.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led in the Pledge of Allegiance. Fifteen (15) members of the
audience and media were present.
There were no Minutes to Approve.
Under Citizens to Be Heard, Joe Downard stated that he would like the
City to look at the locker rental at the Moab Recreation and Aquatic
Center, that only smaller lockers were available for rent and better
notice should be given for the expiration of locker rental prior to
personal items being removed.
Under Community Development Department Update, Community
Development Director Olsen stated that he had been working on two
projects, the Welcome to Moab sign and covering the instruments at
Rotary Park.
Under Engineering Department Update, City Engineer Andrus stated
that she had been working on the Rotary Park project as well as working
with the Utah Department of Transportation (UDOT) on the trail project
and easement issues. City Engineer Andrus then stated that she had
been working with Grand County on the transit hub project and road
closures on highway 128. City Engineer Andrus then stated that UDOT
was working on the timing of signals for large events.
Under Planning Department Update, Planning Director Reinhart stated
that the General Plan Request for Proposals would be closing soon and
that staff would have a draft of the Peddler Ordinance by the end of the
week.
Under Police Department Update, Police Chief Navarre stated that the
Annual Jeep Safari had been uneventful and low key. Police Chief
Navarre said that parking and camping were the biggest issues his
department dealt with.
Under Public Works Department Update, Public Works Director Foster
distributed photos of the new wall on Highway 191 and stated that he
was looking into a flag pole with solar lights for the City Center as
requested.
Under Proclamations, Mayor Sakrison proclaimed April 2012 as Child
Abuse Prevention Month in the City of Moab.
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
PROCLAMATION
April 10, 2012
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■
Mayor Sakrison opened a public hearing on the Community
Development Block Grant (CDBG) Project for Expanding the Willows
Apartments at 7:17 PM.
Sharon Relph, Director of the Interact Club stated that this was the third
project for housing and that the Willows has housed over 120 individuals
in six years, many of which were homeless or mentally ill. Ms. Relph
stated that there was a need for permanent, independent housing and
that the proposed eight units would increase the number of beds
available by 12. Ms. Relph stated that the Interact Club serves 40
individuals and is currently the only facility that serves the homeless
population in Moab.
Kerry Swink stated that he lives at the Willows and that there is a great
need for homes and rooms in our community, Mr. Swink stated that he
works at the Willows one day a week and it is a close knit group and that
he marvels at the progress they have made. Mr. Swink thanked the
Council for their time.
Lou Dorsey stated that she has been staying at the Willows for a year
and looks forward to not being in a group home.
Mayor Sakrison closed the public hearing at 7:22 PM.
Councilmember Davis moved to Award the Audit Services Proposal to
Larsen and Rosenberger in the amount of $57,650 for a five year term.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
Councilmember Peterson moved to approve a Parks Use Application by
the Youth Garden Project for Swanny City Park to Conduct a Farmer's
Market May 5 to October 20, 2012 with conditions. Councilmember
Bailey seconded the motion. The motion carried 5-0 aye.
Councilmember Bailey moved to approve a Special Business Event
License for the Moab Farmer's Market to Conduct a Farmer's Market
May 5 to October 27, 2012 at Swanny City Park with conditions.
Councilmember Peterson seconded the motion. The motion carried 5-0
aye.
Councilmember Peterson moved to approve a Special Business Event
License for Jim Mattingly to Conduct the April Action Car Show on April
26, 27 and 28, 2012 at Swanny City Park with conditions.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
Councilmember Stucki moved to approve a Parks Use Application by Jim
Mattingly to Conduct the April Action Car Show on April 26, 27 and 28,
2012 at Swanny City Park with conditions. Councilmember McElhaney
seconded the motion. The motion carried 5-0 aye.
Councilmember Stucki moved to approve a Moved -on Structure for Kim
Kirks, d.b.a. CK Desert Ice LLC to Conduct a Lemonade and Shaved Ice
PUBLIC HEARING OPENED
PUBLIC COMMENT
PUBLIC HEARING CLOSED
AUDIT SERVICES PROPOSAL
AWARDED TO LARSEN AND
ROSENBERGER
PARKS USE APPLICATION FOR
YOUTH GARDEN PROJECT,
APPROVED
SPECIAL BUSINESS EVENT
LICENSE FOR MOAB FARMER'S
MARKET, APPROVED
SPECIAL BUSINESS EVENT
LICENSE FOR APRIL ACTION
CAR SHOW, APPROVED
PARKS USE APPLICATION FOR
APRIL ACTION CAR SHOW,
APPROVED
MOVED -ON STRUCTURE FOR
KIM KIRKS, APPROVED
April 10, 2012
Page 2 of 3
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■
Business Located at 95 North Main Street from April 26 to October 30,
2012. Councilmember Peterson seconded the motion. The motion
carried 5-0 aye.
Councilmember Peterson moved to approve a Moved -on Structure for
Angela Houghton and Aron Smith, d.b.a. Moab Yoga to Conduct a
Coupon Business Located at 37 East Center Street from April 11 to
November 11, 2012. Councilmember McElhaney seconded the motion.
The motion carried 5-0 aye.
Councilmember Davis moved to approve a Local Vendor License for
Moab Yoga LLC to Conduct Sales of Discount Moab Yoga Coupons.
Councilmember Stucki seconded the motion. The motion carried 5-0
aye.
Councilmember Bailey moved to approve a Request for a Waiver of
Planning Fees by Dave Bierschied. Councilmember Stucki seconded the
motion. The motion failed 1-4 nay with Councilmember Peterson voting
aye.
Under Discussion Regarding Alcohol Events in City Parks, City Manager
Metzler made a presentation. Discussion followed.
Under Reading of Correspondence, Councilmember Bailey stated that
he had received a letter from Seekhaven.
Under Administrative Report, City Manager Metzler stated that the
balanced budget had been distributed the previous week and that the
City had received notice of a 20% health insurance increase for the next
fiscal year. City Manager Metzler distributed City Manager Evaluation
forms to the City Council and stated that the evaluations should be
given to the City Recorder by May 3, 2012 and that she would schedule
an Executive Session for May 8, 2012 to discuss the evaluations.
A Report on City/County Cooperation was not given.
Mayor and Council Reports were not given.
Councilmember McElhaney moved to pay the bills against the City of
Moab in the amount of $563,091.46. Councilmember Davis seconded
the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 7:53 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
MOVED -ON STRUCTURE FOR
ANGELA HOUSTON AND ARON
SMITH, APPROVED
LOCAL VENDOR LICENSE FOR
MOAB YOGA LLC, APPROVED
WAIVER OF PLANNING FEES
FOR DAVE BIERSCHEID, FAILED
DISCUSSION REGARDING
ALCOHOL EVENTS IN CITY
PARKS
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
April 10, 2012
Page 3 of 3
Page 7 of 150
CITY OF MOAB
PUBLIC HEARING
PROPOSED RESOLUTION #08-2012 — A RESOLUTION
ADOPTING THE FISCAL YEAR 2012-2013
The City of Moab will hold a Public Hearing on Tuesday, May 22, 2012 at
approximately 7:15 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 #08-
2012 — A Resolution Adopting the Fiscal Year 2012-2013 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) 259-5121 at least
three (3) working days prior to the meeting.
/s/ Rachel E. Stenta
City Recorder/Assistant City Manager
Published in the Times Independent, May 10 and 17, 2012.
R:\Notices\2012\BUDGET FY 2012-2013.docx
Page 8 of 150
5-1
RESOLUTION # 08-2012
A RESOLUTION ADOPTING THE FISCAL YEAR 2012/2013 BUDGET
WHEREAS, The City of Moab adopts the 2012/2013 Fiscal Year Budget presented to the Mayor
and City Council as follows:
FUNDS REVENUES EXPENDITURES
1. GENERAL FUND $ 7,686,025 $ 7,686,025
2. CLASS "C" ROAD FUND $ 235,000 $ 235,000
3. RECREATION FUND $ 495,613 $ 495,613
4. COMMUNITY DEVELOPMENT $ 906,875 $ 906,875
5. MILLCREEK PROJECT FUND $ 51,500 $ 51,500
8. REDEVELOPMENT AGENCY FUND $ 0 $ 0
9. CAPITAL PROJECTS FUND $ 975,900 $ 975,900
10. SANITATION CAPITAL PROJECTS FUND $ 0 $ 0
11. ENTERPRISE FUND (WATER) $ 1,000,620 $ 882,470
12. ENTERPRISE FUND (SEWER) $ 1,102,100 $ 672,750
13. ENTERPRISE CAPITAL PROJECTS $ $ 906,500
14. STORM WATER UTILITY FUND $ 385,000 $ 85,000
15. STORM WATER UTILITY CAPITAL PROJECTS $ $ 300,000
16. YOUTH CITY COUNCIL FUND $ 0 $ 0
NOW, THEREFORE BE IT RESOLVED, that the minutes of the meeting held June 12, 2012
are ordered to show the adoption of the proposed Fiscal Year 2012/2013 Budget Funds, as presented to
the Mayor and City Council.
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City
of Moab this 12th day of June, A.D., 2012.
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City of Moab
Resolution #08-2012 June 12, 2012
Page 9 of 150
5-1
Budget Page 1 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
Revenue:
Taxes
31300 SALES & USE TAXES
31400 FRANCHISE TAXES
31500 HIGHWAY TAXES
31600 TRANSIENT ROOM TAXES
31700 RESORT COMMUNITY TAXES
31800 ENERGY TAXES
38722 ANIMAL SHELTER SALES TAX
Total Taxes
Licenses and permits
32110 BEER LICENSES
32160 FLAT BUSINESS LICENSES
32209 SIGN PERMITS
32210 BUILDING PERMITS - CITY
32211 BUILDING PERMITS - COMMERCIAL
32212 1% BLDG PERMIT CHARGE
32213 PLAN CHECK FEES
32290 OTHER LICENSES & PERMITS
Total Licenses and permits
Intergovernmental revenue
33580 STATE LIQUOR FUND ALLOTMENT
36972 HOMELAND SECURITY GRANT
36973 MISC STATE GRANTS
36974 SAN JUAN CO. CONTRIBUTION
37100 GRAND COUNTY CONTRIBUTION
37110 GCRSSD RECREATION CTR CONTRIBUTION
Total Intergovernmental revenue
Charges for services
34001 SPECIAL SERVICES BY CITY DEPTS
34020 RESTITUTION PAID
34200 GARBAGE BILLING / COLLECTION
34430 REFUSE COLLECTION CHARGES
34510 FILM COMM - SPECIAL EVENT FEES
34716 MRAC - AQUATIC SPORTS
34717 MRAC - MISC
34718 MRAC - CASH OVER/SHORT
34719 MRAC- EMPLOYEE WELLNESS DISCOUNT
34720 MRAC - ADM ISSIONS/AQUATIC
34721 MRAC - ADMISSIONS/AQUAT & FITNESS
34722 MRAC - RETAIL
34723 MRAC - PROGRAM FEES/ AQUATIC
34724 MRAC - PROGRAM FEES/FITNESS
34725 MRAC - CHILD CARE FEES
34726 MRAC - MEMBERSHIPS/AQUATIC
34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS
34728 MRAC-RENTAL FEES
34729 MRAC - SPECIAL EVENT FEES
34730 ANIMAL SHELTER FEES
34740 ANIMAL SHELTER INTERLOCAL
Total Charges for services
Fines and forfeitures
35010 FINES, FORFEITURES & PENALTIES
35050 A/R 30-DAY PENALTIES
37200 FORFEITURES
Total Fines and forfeitures
Interest
36110 INTEREST INCOME
Total Interest
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
726,950.78
1,338,286.30
821,944.59
1,349,983.00
60.89%
$ 1,450,000.00
95,550.77
179,585.67
97,706.27
212,000.00
46.09%
$ 184,000.00
278,309.49
490,451.80
323,719.74
500,000.00
64.74%
$ 510,000.00
381,175.56
603,361.74
457,773.43
620,000.00
73.83%
$ 675,000.00
1,399,358.96
2,474,527.06
1,660,113.40
2,555,000.00
64.98%
$ 2,655,000.00
81,670.89
142,064.52
98,407.64
125,000.00
78.73%
$ 150,000.00
0.00
0.00
0.00
0.00
0.00%
2,963,016.45
5,228,277.09
3,459,665.07
5,361,983.00
64.52%
$ 5,624,000.00
8,310.00
8,310.00
8,130.00
8,400.00
96.79%
$ 8,400.00
1,063.00
53,188.19
2,601.00
55,000.00
4.73%
$ 55,000.00
0.00
519.00
618.61
0.00
0.00%
$ 600.00
21,385.91
37,180.36
23,911.30
35,000.00
68.32%
$ 35,000.00
5,225.50
14,205.09
3,067.95
7,000.00
43.83%
$ 7,000.00
293.12
484.17
(73.89)
0.00
0.00%
$ 200.00
1,505.88
3,152.29
1,410.47
2,600.00
54.25%
$ 2,600.00
77.00
296.00
102.00
1,000.00
10.20%
$ 500.00
37,860.41
117,335.10
39,767.44
109,000.00
36.48%
$ 109,300.00
15,357.70
15,357.70
22,735.02
16,000.00
142.09%
$ 22,000.00
0.00
0.00
0.00
0.00
0.00%
$
0.00
450.00
1,825.00
39,000.00
4.68%
$ -
0.00
0.00
5,000.00
5,000.00
100.00%
$ 5,000.00
15,000.00
30,000.00
0.00
15,000.00
0.00%
$ 15,000.00
25,000.00
25,000.00
0.00
25,000.00
0.00%
$ 25,000.00
55,357.70
70,807.70
29,560.02
100,000.00
29.56%
$ 67,000.00
10,137.78
69,989.50
9,772.44
67,000.00
14.59%
$ 69,000.00
1,154.84
1,660.92
460.74
0.00
0.00%
$ -
23,387.43
36,922.28
27,335.94
40,050.00
68.25%
$ 40,500.00
467,748.66
808,938.36
476,028.20
801,000.00
59.43%
$ 810,000.00
10.00
10.00
0.00
500.00
0.00%
$ 400.00
0.00
935.00
480.00
0.00
0.00%
$ -
0.00
2,041.00
4,507.50
5,000.00
90.15%
$ 7,500.00
0.00
20.62
288.81
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
17,025.00
41,909.71
40,065.54
85,000.00
47.14%
$ 90,000.00
0.00
2,285.02
3,623.35
10,000.00
36.23%
$ 8,000.00
0.00
4,002.42
4,106.59
6,000.00
68.44%
$ 9,000.00
0.00
5,933.00
8,380.00
17,500.00
47.89%
$ 18,000.00
0.00
1,250.00
4,405.00
7,500.00
58.73%
$ 6,200.00
0.00
110.75
848.50
12,000.00
7.07%
$ 2,000.00
0.00
39,818.60
14,940.00
35,000.00
42.69%
$ 48,000.00
0.00
76,877.44
54,494.83
65,000.00
83.84%
$ 118,000.00
0.00
3,146.00
4,015.00
9,500.00
42.26%
$ 7,000.00
0.00
0.00
765.00
1,500.00
51.00%
$ 1,500.00
6,165.00
9,200.00
4,145.00
9,500.00
43.63%
$ 9,100.00
4,140.00
7,762.22
5,173.46
6,200.00
83.44%
$ 7,800.00
529,768.71
1,112,812.84
663,835.90
1,178,250.00
56.34%
$ 1,252,000.00
23,169.05
35,105.30
25,413.51
42,000.00
60.51%
$ 40,000.00
0.00
0.00
0.00
3,400.00
0.00%
$ 3,400.00
0.00
0.00
0.00
3,000.00
0.00%
$ 3,000.00
23,169.05
35,105.30
25,413.51
48,400.00
52.51%
$ 46,400.00
27,337.23
39,019.09
19,494.00
34,000.00
57.34%
37,000.00
27,337.23
39,019.09
19,494.00
34,000.00
57.34%
37,000.00
5/4/2012 Budget Worksheetieiaif Recommended 2012.xlsx
Moab City Recorder's Office
Budget Page 2 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
Miscellaneous revenue
36160 PROCEEDS FROM LT DEBT
36200 RENTS & CONCESSIONS
36220 FILM COMM - SPONSOR/DONATION
36226 FILM COM. - EQUIP RENTAL FEES
36400 SALE OF REAL/PERS. PROPERTY
36401 INSURANCE REBATE
36420 EMPLOYEE MEDICAL CAFE RESIDUAL
36450 SIDEWALK PERMITS
36500 SALE OF MATERIALS & SUPPLIES
36900 OTHER
36901 DONATIONS
36940 REAL ESTATE TRANSFER ASSESSMNT
36950 Unrealized gain/loss on bonds
36970 INSURANCE INCOME
38260 ANIMAL DEPOSITS NON -OPERATING
38721 ANIMAL SHELTER - SUNDRY RESALE
Total Miscellaneous revenue
Contributions and transfers
39920 OVERHEAD PAID FROM SWD ENT FND
39930OVERHEAD PAID FROM ENT. FUND
39940 GENERAL FUND BEG. BALANCE
39950TRANSFER FROM OTHER FUNDS
Total Contributions and transfers
Total Revenue:
Expenditures:
General government
Executive and Central Staff
41310 Exec SALARIES & WAGES
41313 Exec EMPLOYEE BENEFITS
41321 Exec SUBSCRIPTIONS & MEMBERSHIPS
41323 Exec TRAVEL
41324 Exec OFFICE EXPENSE & SUPPLIES
41325 Exec EQUIP/SUPPLIES & MAINTENANCE
41328 Exec TELEPHONE
41331 Exec PROFESSIONAL/TECHNICALSERVICE
41333 Exec EDUCATION
41335 Exec OTHER
41346 Exec SPECIAL DEPARTMENTAL SUPPLIES
Total Executive and Central Staff
Recorder
41510 Recorder SALARIES & WAGES
41513 Recorder EMPLOYEE BENEFITS
41515 Recorder OVERTIME
41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS
41522 Recorder PUBLIC NOTICES
41523 Recorder TRAVEL
41524 Recorder OFFICE EXPENSE & SUPPLIES
41525 Recorder EQUIP./SUPPLIES & MAINTENANCE
41528 Recorder TELEPHONE
41531 Recorder PROFESSIONAL & TECH. SERVICES
41533 Recorder EDUCATION
41535 Recorder OTHER
41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES
41550 Recorder COPIER SUPPLIES
41574 Recorder MACHINERY & EQUIPMENT
415810 LEASE PRINCIPAL
415820 LEASE INTEREST
Total Recorder
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
(27,709.34)
(27,709.34)
0.00
0.00
0.00%
$ -
2,515.00
5,320.00
1,725.00
6,500.00
26.54%
$ 8,500.00
0.00
0.00
0.00
0.00
0.00%
$
413.00
663.00
170.00
500.00
34.00%
$ 500.00
0.00
0.00
0.00
15,000.00
0.00%
$ 15,000.00
11,386.00
11,485.53
0.00
12,000.00
0.00%
$ 11,000.00
0.00
44,392.45
0.00
20,000.00
0.00%
$ 40,000.00
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
43.23
66.23
140.39
2,000.00
7.02%
$ 500.00
0.00
0.00
1,000.00
0.00
0.00%
$
1,287.50
1,287.50
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
1,485.00
2,315.00
1,520.00
0.00
0.00%
$ 1,500.00
0.00
0.00
0.00
0.00
0.00%
$
(10,579.61)
37,820.37
4,555.39
56,000.00
8.13%
$ 77,000.00
0.00
25,000.00
0.00
45,000.00
0.00%
$ 45,000.00
0.00
365,000.00
0.00
365,000.00
0.00%
$ 365,000.00
0.00
0.00
0.00
0.00
0.00%
$ 63,325.00
0.00
0.00
0.00
0.00
0.00%
0.00
390,000.00
0.00
410,000.00
0.00%
$ 473,325.00
3,625,929.94
7,031,177.49
4,242,291.33
7,297,633.00
58.13 %
7,686,025.00
(25,477.63)
(43,030.88)
(25,516.66)
(42,000.00)
60.75%
$ (42,000.00)
(44,561.91)
(75,943.75)
(48,123.57)
(96,158.00)
50.05%
$ (103,000.00)
44.73
40.50
(3,483.52)
(3,500.00)
99.53%
$ (3,600.00)
(1,557.03)
(4,506.06)
(1,022.16)
(3,900.00)
26.21%
$ (4,600.00)
(1,473.45)
(2,101.54)
(1,363.50)
(3,800.00)
35.88%
$ (4,100.00)
0.00
(29.75)
0.00
(100.00)
0.00%
$ (100.00)
(1,669.07)
(2,782.02)
(1,531.44)
(3,800.00)
40.30%
$ (2,800.00)
0.00
0.00
(100.00)
(100.00)
100.00%
$ (100.00)
(150.00)
(150.00)
(445.00)
(1,600.00)
27.81%
$ (1,600.00)
(249.61)
(305.82)
(337.92)
(300.00)
112.64%
$ (400.00)
(151.68)
(151.68)
(70.90)
(150.00)
47.27%
$ (200.00)
(75,245.65)
(128,961.00)
(81,994.67)
(155,408.00)
52.76%
$ (162,500.00)
(89,157.12)
(148,489.47)
(94,391.42)
(162,000.00)
58.27%
$ (170,000.00)
(53,761.60)
(86,179.20)
(58,878.59)
(96,000.00)
61.33%
$ (106,000.00)
(914.52)
(1,536.12)
(544.28)
(1,600.00)
34.02%
$ (1,600.00)
(1,530.60)
(1,971.65)
(1,741.63)
(4,500.00)
38.70%
$ (4,500.00)
(3,597.30)
(5,125.55)
(1,834.00)
(5,000.00)
36.68%
$ (5,000.00)
(1,408.72)
(2,432.27)
(537.04)
(3,900.00)
13.77%
$ (4,100.00)
(3,254.84)
(7,615.94)
(4,527.90)
(6,700.00)
67.58%
$ (6,700.00)
0.00
(1,413.95)
0.00
0.00
0.00%
$ -
(4,303.11)
(7,226.73)
(3,372.72)
(8,000.00)
42.16%
$ (7,300.00)
(14,620.11)
(21,249.13)
(7,530.70)
(26,600.00)
28.31%
$ (29,000.00)
(376.85)
(976.70)
(327.29)
(4,000.00)
8.18%
$ (6,000.00)
(515.35)
(578.26)
(1,153.01)
(1,000.00)
115.30%
$ (900.00)
(1,559.57)
(1,926.61)
(965.18)
(3,100.00)
31.13%
$ (2,200.00)
(3,308.89)
(3,389.06)
(1,322.59)
(5,700.00)
23.20%
$ (5,700.00)
0.00
0.00
0.00
0.00
0.00%
$ (2,200.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(178,308.58)
(290,110.64)
(177,126.35)
(328,100.00)
53.99%
$ (351,200.00)
5/4/2012 Budget Worksheetietait Recommended 2012.xlsx
Moab City Recorder's Office
Budget Page 3 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
Administrative
41410 Admin SALARIES & WAGES
41413 Admin EMPLOYEE BENEFITS
41415 Admin OVERTIME
41421 Admin SUBSCRIPTIONS & MEMBERSHIPS
41422 Admin PUBLIC NOTICES
41423 Admin TRAVEL
41424 Admin OFFICE EXPENSE & SUPPLIES
41425 Admin EQUIP/SUPPLIES & MAINTENANCE
41428 Admin TELEPHONE
41430 Admin MONTHLY FUEL- GASCARD
41431 Admin PROFESSIONAL/TECH. SERVICE
41433 Admin EDUCATION
41435 Admin OTHER
41446 Admin SPECIAL DEPARTMENTAL SUPPLIES
41474 Admin MACHINERY & EQUIPMENT
41475 Admin GRANT EXPENSES
Total Administrative
General
41610 General SALARIES & WAGES
41613 General EMPLOYEE BENEFITS
41621 General SUBSCRIPTIONS & MEMBERSHIPS
41622 General PUBLIC NOTICES
41623 General TRAVEL
41624 General OFFICE EXPENSE & SUPPLIES
41625 General EQUIP./SUPPLIES & MAINTENANCE
41626 General BLDG/GRDS- SUPPL & MAINTENANCE
41627 General UTILITIES
41629 General RENT OF PROPERTY OR EQUIPMENT
41630 General MONTHLY FUEL - GASCARD
41635 General OTHER
41646 General SPECIAL DEPARTMENTAL SUPPLIES
41651 General INSURANCE
41674 General MACHINERY & EQUIPMENT
Total General
Elections
41722 Election PUBLIC NOTICES
41723 Election TRAVEL
41729 Election RENTAL - VOTING POLLS/PAGER
41731 Election PROFESSIONAL/TECH - PRIMARY
41732 Election PROFESSIONAL/TECH - GENERAL
41733 Election EDUCATION - INITIATIVE
41734 Election EDUCATION - PRIMARY/GENERAL
41735 Election CARR PRINTING EXPENSES
41736 Election ELECTION DINNERS - PRIMARY
41737 Election ELECTION DINNERS -GENERAL
41746 Election SPECIAL DEPT'L- PRIMARY
41747 Election SPECIAL DEPT'L- GENERAL
41774 Election MACHINERY & EQUIPMENT
Total Elections
Planning
41810 Planning SALARIES & WAGES
41813 Planning EMPLOYEE BENEFITS
41815 Planning OVERTIME
41821 Planning SUBSCRIPTIONS & MEMBERSHIPS
41822 Planning PUBLIC NOTICES
41823 Planning TRAVEL
41824 Planning OFFICE EXPENSE & SUPPLIES
41825 Planning EQUIPMENT-SUPPL. & MAINTENANCE
41828 Planning TELEPHONE
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
(99,810.52)
(167,369.38)
(102,934.53)
(177,000.00)
58.16%
$ (194,000.00)
(54,111.24)
(89,973.61)
(58,806.02)
(95,000.00)
61.90%
$ (111,000.00)
0.00
0.00
0.00
(100.00)
0.00%
$ (100.00)
(741.00)
(725.60)
(841.38)
(900.00)
93.49%
$ (900.00)
0.00
0.00
0.00
0.00
0.00%
$ -
179.69
(298.88)
(58.08)
(2,000.00)
2.90%
$ (1,200.00)
(1,575.59)
(1,704.95)
(1,560.36)
(2,900.00)
53.81%
$ (3,900.00)
(80.04)
(108.50)
0.00
(100.00)
0.00%
$ (100.00)
(2,335.94)
(4,041.58)
(2,363.64)
(4,500.00)
52.53%
$ (5,200.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(12,050.00)
(12,050.00)
(11,970.00)
(19,750.00)
60.61%
$ (17,000.00)
0.00
0.00
0.00
(600.00)
0.00%
$ (500.00)
(90.00)
(90.00)
(115.00)
(200.00)
57.50%
$ (200.00)
(2.39)
(2.39)
0.00
(50.00)
0.00%
$ (50.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
(1,337.86)
(257.85)
(500.00)
51.57%
$
(170,617.03)
(277,702.75)
(178,906.86)
(303,600.00)
58.93%
$ (334,150.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
(955.89)
(955.89)
0.00
(200.00)
0.00%
$ (200.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$ -
(7.04)
(111.53)
0.00
(300.00)
0.00%
$ (200.00)
(314.19)
(508.80)
(11.32)
(2,000.00)
0.57%
$ (3,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(21,644.46)
(36,990.33)
(21,542.35)
(37,000.00)
58.22%
$ (38,000.00)
(544.61)
(649.22)
335.39
(1,700.00)
-19.73%
$ (1,700.00)
(853.70)
(1,276.54)
(453.11)
(1,400.00)
32.37%
$ (1,600.00)
(3,896.43)
(3,896.43)
(4,126.18)
(4,000.00)
103.15%
$ (5,000.00)
0.00
0.00
0.00
(200.00)
0.00%
$ (200.00)
(89,731.26)
(163,430.73)
(88,848.72)
(168,000.00)
52.89%
$ (177,000.00)
0.00
0.00
0.00
0.00
0.00%
$
(117,947.58)
(207,819.47)
(114,646.29)
(214,800.00)
53.37%
$ (226,900.00)
(92.30)
(92.30)
(1,035.23)
(1,000.00)
103.52%
$
0.00
0.00
0.00
(500.00)
0.00%
$
0.00
0.00
(200.00)
(1,000.00)
20.00%
$
0.00
0.00
0.00
(2,000.00)
0.00%
$
0.00
0.00
(3,857.50)
(2,000.00)
192.88%
$
0.00
0.00
0.00
(300.00)
0.00%
$
0.00
0.00
(45.71)
(500.00)
9.14%
$ -
0.00
0.00
(1,763.04)
(2,000.00)
88.15%
$ -
0.00
0.00
0.00
(750.00)
0.00%
$ -
0.00
0.00
(703.34)
(750.00)
93.78%
$ -
0.00
0.00
0.00
(250.00)
0.00%
$ -
0.00
0.00
(231.50)
(250.00)
92.60%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
(92.30)
(92.30)
(7,836.32)
(11,300.00)
69.35%
$ -
(120,680.45)
(198,921.96)
(132,721.02)
(205,000.00)
64.74%
$ (217,000.00)
(59,301.39)
(96,803.89)
(67,051.62)
(105,000.00)
63.86%
$ (118,000.00)
(4,602.53)
(5,117.58)
(1,565.65)
(6,500.00)
24.09%
$ (6,000.00)
(2,164.37)
(2,148.97)
(1,825.00)
(1,800.00)
101.39%
$ (2,600.00)
(701.60)
(1,185.50)
(448.00)
(1,200.00)
37.33%
$ (1,200.00)
(1,536.24)
(1,767.24)
(1,237.57)
(1,800.00)
68.75%
$ (2,500.00)
(2,518.62)
(4,311.98)
(3,380.23)
(4,300.00)
78.61%
$ (4,400.00)
0.00
0.00
(467.90)
(1,800.00)
25.99%
$ (1,000.00)
(2,810.91)
(4,852.21)
(2,783.26)
(5,300.00)
52.51%
$ (5,300.00)
5/4/2012 Budget Worksheetietai2Recommended 2012.xlsx
Moab City Recorder's Office
Budget Page 4 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
41830 Planning MONTHLY FUEL - GASCARD
41831 Planning PROFESSIONAL & TECH. SERVICES
41833 Planning EDUCATION
41835 Planning OTHER
41846 Planning SPECIAL DEPARTMENTAL SUPPLIES
41874 Planning MACHINERY & EQUIPMENT
Total Planning
Engineering
41910 Engineer SALARIES & WAGES
41913 Engineer BENEFITS
41915 Engineer OVERTIME
41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS
41922 Engineer PUBLIC NOTICES
41923 Engineer TRAVEL
41924 Engineer OFFICE EXPENSE & SUPPLIES
41925 Engineer EQUIP/SUPPLIES & MAINTENANCE
41928 Engineer TELEPHONE
41930 Engineer MONTHLY FUEL - GASCARD
41931 Engineer PROFESSIONAL & TECH. SERVICES
41933 Engineer EDUCATION
41935 Engineer OTHER
41946 Engineer SPECIAL DEPTARTMENTAL SUPPLIES
41974 Engineer MACHINERY & EQUIPMENT
Total Engineering
Treasurer
42010 Treasurer SALARIES & WAGES
42013 Treasurer EMPLOYEE BENEFITS
42015 Treasurer OVERTIME
42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS
42023 Treasurer TRAVEL
42024 Treasurer OFFICE EXPENSE & SUPPLIES
42025 Treasurer EQUIPMENT SUPPL. & MAINTENANCE
42028 Treasurer TELEPHONE
42031 Treasurer PROFESSIONAL & TECH. SERVICES
42033 Treasurer EDUCATION
42035 Treasurer OTHER
42036 Treasurer BANK HANDLING CHARGES
42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIES
42051 Treasurer INSURANCE
42063 Treasurer CASH OVER & SHORT
42074 Treasurer MACHINERY & EQUIPMENT
Total Treasurer
Total General government
Public safety
Police
42110 Police SALARIES & WAGES
42113 Police EMPLOYEE BENEFITS
42114 Police OTHER BENEFITS- U/ALLOWANCES
42115 Police OVERTIME
42121 Police SUBSCRIPTIONS & MEMBERSHIPS
42123 Police TRAVEL
42124 Police OFFICE EXPENSE & SUPPLIES
42125 Police EQUIPMENT-SUPPL. & MAINTENANCE
42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE
42128 Police TELEPHONE
42129 Police RENT OF PROPERTY OR EQUIPMENT
42130 Police MONTHLY FUEL-GASCARD
42131 Police PROFESSIONAL & TECH. SERVICES
42133 Police EDUCATION
42135 Police OTHER
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
(263.66)
(726.88)
(318.47)
(700.00)
45.50%
$ (800.00)
(205.38)
(345.38)
(485.00)
(60,000.00)
0.81%
$ (60,000.00)
(1,911.07)
(3,583.28)
(750.79)
(2,900.00)
25.89%
$ (3,650.00)
(223.64)
(265.20)
(155.65)
(300.00)
51.88%
$ (300.00)
(263.47)
(726.14)
(418.00)
(1,000.00)
41.80%
$ (800.00)
0.00
0.00
(2,082.59)
(2,000.00)
104.13%
$ (1,100.00)
(197,183.33)
(320,756.21)
(215,690.75)
(399,600.00)
53.98%
$ (424,650.00)
(67,998.37)
(113,292.68)
(75,448.92)
(125,000.00)
60.36%
$ (131,000.00)
(33,952.78)
(55,674.74)
(37,706.21)
(60,000.00)
62.84%
$ (67,000.00)
0.00
0.00
0.00
(400.00)
0.00%
$ (400.00)
(4,292.15)
(5,815.15)
(3,840.58)
(5,800.00)
66.22%
$ (5,800.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(51.67)
(355.78)
0.00
(900.00)
0.00%
$ (800.00)
(241.09)
(468.37)
(748.24)
(1,600.00)
46.77%
$ (1,500.00)
0.00
(500.00)
(392.97)
(545.00)
72.10%
$ (500.00)
(1,983.03)
(3,399.15)
(1,918.64)
(3,660.00)
52.42%
$ (3,800.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(105.00)
(3,155.00)
(1,735.00)
(8,000.00)
21.69%
$ (8,000.00)
0.00
(279.04)
(50.00)
(1,500.00)
3.33%
$ (1,200.00)
(104.68)
(244.90)
(106.48)
(200.00)
53.24%
$ (200.00)
(31.56)
(31.56)
(213.00)
(1,000.00)
21.30%
$ (1,000.00)
0.00
0.00
(1,450.49)
(1,455.00)
99.69%
$
(108,760.33)
(183,216.37)
(123,610.53)
(210,060.00)
58.85%
$ (221,200.00)
(49,928.74)
(82,602.53)
(52,086.00)
(86,000.00)
60.57%
$ (91,000.00)
(28,375.65)
(46,518.46)
(32,695.38)
(53,725.00)
60.86%
$ (61,000.00)
0.00
0.00
0.00
(250.00)
0.00%
$ (250.00)
(23.00)
(223.00)
0.00
(420.00)
0.00%
$ (425.00)
0.00
0.00
0.00
(1,000.00)
0.00%
$ (1,000.00)
(5,507.09)
(11,092.14)
(5,865.32)
(11,000.00)
53.32%
$ (11,000.00)
0.00
0.00
0.00
(200.00)
0.00%
$ (200.00)
(1,822.56)
(3,074.40)
(1,699.30)
(3,500.00)
48.55%
$ (3,500.00)
(100.00)
(5,140.00)
(4,225.00)
(5,600.00)
75.45%
$ (5,900.00)
0.00
0.00
0.00
(600.00)
0.00%
$ (750.00)
(60.00)
(60.00)
(85.00)
(100.00)
85.00%
$ (100.00)
(10,851.49)
(18,709.80)
(10,810.18)
(20,000.00)
54.05%
$ (19,000.00)
(905.00)
(1,834.00)
(960.00)
(2,300.00)
41.74%
$ (3,200.00)
(92,722.00)
(1,713.00)
(1,675.00)
(1,800.00)
93.06%
$ (1,800.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$ (2,000.00)
(99,286.53)
(170,967.33)
(110,101.18)
(186,495.00)
59.04%
$ (201,125.00)
(947,441.33)
(1,579,626.07)
(1,009,912.95)
(1,809,363.00)
55.82%
(443,016.27)
(703,054.56)
(496,614.41)
(792,790.00)
62.64%
$ (836,000.00)
(261,285.39)
(427,479.91)
(328,517.69)
(570,000.00)
57.63%
$ (646,094.00)
(7,920.00)
(12,430.24)
(8,280.00)
(14,760.00)
56.10%
$ (14,760.00)
(22,504.37)
(40,122.82)
(11,134.52)
(36,000.00)
30.93%
$ (36,000.00)
(554.35)
(477.35)
(578.00)
(2,100.00)
27.52%
$ (2,100.00)
(5,629.33)
(12,884.41)
(6,514.59)
(11,700.00)
55.68%
$ (11,700.00)
(3,100.36)
(5,327.61)
(3,973.73)
(5,900.00)
67.35%
$ (5,300.00)
(12,247.12)
(20,403.02)
(15,644.27)
(26,800.00)
58.37%
$ (31,700.00)
0.00
0.00
0.00
0.00
0.00%
$
(10,985.68)
(18,933.62)
(12,459.03)
(22,000.00)
56.63%
$ (26,880.00)
(2,908.00)
(2,908.00)
(2,928.00)
(3,200.00)
91.50%
$ (3,200.00)
(18,429.30)
(34,743.75)
(21,357.17)
(35,000.00)
61.02%
$ (38,000.00)
(1,717.45)
(4,027.45)
(3,162.50)
(3,000.00)
105.42%
$ (4,000.00)
(760.00)
(1,110.00)
(2,895.00)
(5,200.00)
55.67%
$ (5,200.00)
(64,062.01)
(94,508.31)
(36,967.16)
(75,000.00)
49.29%
$ (75,000.00)
5/4/2012 Budget Worksheetletai3Recommended 2012.xlsx
Moab City Recorder's Office
Budget Page 5 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
42146 Police SPECIAL DEPARTMENTAL SUPPLIES
42169 Police Lease payments
42172 Police SPECIAL EVENTS
42173 Police D.A.R.E. - EQUIP. & SUPPLIES
42174 Police MACHINERY & EQUIPMENT
421810 LEASE PRINCIPAL
421820 LEASE INTEREST
Total Police
Attorney
42231 Attorney PROFESSIONAL & TECH. SERVICES
Total Attorney
Narcotics Task Force
42310 Narcotics SALARIES & WAGES
42313 Narcotics EMPLOYEE BENEFITS
42314 Narcotics OTHER BENEFITS- U/ALLOWANCES
42315 Narcotics OVERTIME
42323 Narcotics TRAVEL
42324 Narcotics OFFICE SUPPLIES
42325 Narcotics EQUIP/SUPPLIES & MAINTENANCE
42328 Narcotics TELEPHONE
42330 Narcotics MONTHLY FUEL - GASCARD
42331 Narcotics PROFESSIONAL/TECHNICAL SERVICE
42333 Narcotics EDUCATION
42335 Narcotics OTHER
42346 Narcotics SPECIAL DEPARTMENTAL SUPPLIES
42369 Narcotics LEASE PAYMENT
42370 Narcotics FORFEITURES
42374 Narcotics MACHINERY & EQUIPMENT
Total Narcotics Task Force
Inspections
42431 Inspection PROFESSIONAL & TECH. SERVICES
42475 Inspection SPECIAL PROJECTS
Total Inspections
Animal control
42610 Animal Ctl SALARIES & WAGES
42613 Animal Ctl EMPLOYEE BENEFITS
42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES
42615 Animal Ctl OVERTIME
42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS
42623 Animal Ctl TRAVEL
42624 Animal Ctl OFFICE EXPENSE & SUPPLIES
42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENANCE
42628 Animal Ctl TELEPHONE
42630 Animal Ctl MONTHLY FUEL - GASCARD
42631 Animal Ctl PROFESSIONAL & TECH. SERVICES
42633 Animal Ctl EDUCATION
42635 Animal Ctl OTHER
42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIES
42669 Animal Ctl Lease payments
42674 Animal Ctl MACHINERY & EQUIPMENT
Total Animal control
Animal Shelter
42710 Animal Shltr SALARIES & WAGES
42713 Animal Shltr EMPLOYEE BENEFITS
42714 Animal Shltr OTHER BENEFITS- U/ALLOWANCES
42715 Animal Shltr OVERTIME
42722 Animal Shltr PUBLIC NOTICES
42724 Animal Shltr OFFICE EXPENSE & SUPPLIES
42725 Animal Shltr EQUIP/SUPPLIES & MAINTENANCE
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
(17,889.81)
(25,883.76)
(22,172.93)
(44,000.00)
50.39%
$ (27,520.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
(1,429.05)
0.00
(1,500.00)
0.00%
$ (1,500.00)
0.00
(70,218.40)
(17,066.00)
(59,000.00)
28.93%
$ -
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
(873,009.44)
(1,475,942.26)
(990,265.00)
(1,707,950.00)
57.98%
$ (1,764,954.00)
(40,478.36)
(71,723.38)
(42,057.10)
(90,000.00)
46.73 %
(79,000.00)
(40,478.36)
(71,723.38)
(42,057.10)
(90,000.00)
46.73 %
(79,000.00)
(36,502.85)
(60,584.75)
(39,678.12)
(58,960.00)
67.30%
$ (63,100.00)
(22,898.63)
(37,435.38)
(24,959.90)
(42,000.00)
59.43%
$ (48,600.00)
0.00
(480.00)
(640.00)
(960.00)
66.67%
$ (960.00)
(4,961.25)
(7,728.75)
(2,894.60)
(5,000.00)
57.89%
$ (5,500.00)
(454.95)
(1,138.09)
(1,017.91)
(1,300.00)
78.30%
$ (3,350.00)
(14.78)
(82.75)
(187.73)
(100.00)
187.73%
$ (300.00)
(1,830.01)
(1,679.02)
(1,054.20)
(2,000.00)
52.71%
$ (2,000.00)
(544.86)
(940.73)
(501.21)
(1,800.00)
27.85%
$ (1,800.00)
(1,416.24)
(3,526.64)
(2,133.86)
(3,800.00)
56.15%
$ (4,500.00)
0.00
0.00
0.00
(250.00)
0.00%
$ (250.00)
(275.00)
(275.00)
(275.00)
(600.00)
45.83%
$ (1,750.00)
(30.00)
(1,242.01)
(2,715.00)
(3,000.00)
90.50%
$ (4,000.00)
(88.95)
(2,191.65)
(66.91)
(5,500.00)
1.22%
$ (2,500.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
(3,029.00)
(3,100.00)
97.71%
$ (4,000.00)
0.00
0.00
0.00
(4,900.00)
0.00%
$ (6,870.00)
(69,017.52)
(117,304.77)
(79,153.44)
(133,270.00)
59.39%
$ (149,480.00)
(85,368.05)
(85,368.05)
(90,041.21)
(87,000.00)
103.50%
0.00
0.00
0.00
0.00
0.00%
(85,368.05)
(85,368.05)
(90,041.21)
(87,000.00)
103.50%
(91,000.00)
(91,000.00)
(48,081.91)
(77,281.07)
(46,691.49)
(78,000.00)
59.86%
$ (86,000.00)
(22,134.09)
(35,849.74)
(23,790.95)
(37,000.00)
64.30%
$ (44,000.00)
(480.00)
(960.00)
(2,840.00)
(3,960.00)
71.72%
$ (1,920.00)
(3,412.84)
(6,472.53)
(5,571.97)
(4,500.00)
123.82%
$ (5,500.00)
0.00
0.00
(200.00)
(200.00)
100.00%
$ (200.00)
(173.48)
(1,339.54)
(162.54)
(800.00)
20.32%
$ (800.00)
(121.81)
(121.81)
(16.99)
(200.00)
8.50%
$ (200.00)
(3,094.74)
(3,256.01)
(1,888.81)
(4,000.00)
47.22%
$ (3,500.00)
(510.43)
(1,010.27)
(543.13)
(2,275.00)
23.87%
$ (1,200.00)
(3,376.45)
(6,119.73)
(2,980.89)
(5,260.00)
56.67%
$ (6,400.00)
(435.00)
(675.00)
(810.00)
(1,000.00)
81.00%
$ (1,000.00)
(360.00)
(360.00)
(360.00)
(600.00)
60.00%
$ (600.00)
0.00
0.00
0.00
0.00
0.00%
$ (300.00)
(71.31)
(261.52)
(6,084.15)
(5,000.00)
121.68%
$ (1,500.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
(82,252.06)
(133,707.22)
(91,940.92)
(142,795.00)
64.39%
$ (153,120.00)
(20,504.80)
(33,390.85)
(24,534.07)
(36,500.00)
67.22%
$ (39,800.00)
(8,624.91)
(14,007.25)
(10,713.51)
(15,400.00)
69.57%
$ (18,100.00)
(560.00)
(960.00)
(560.00)
(960.00)
58.33%
$ (960.00)
(475.60)
(570.72)
(1,689.80)
(700.00)
241.40%
$ (750.00)
(819.20)
(1,438.72)
(440.80)
(1,000.00)
44.08%
$ (1,200.00)
(74.48)
(74.48)
(64.99)
(100.00)
64.99%
$ (100.00)
(370.83)
(397.61)
(526.46)
(1,000.00)
52.65%
$ (800.00)
5/4/2012 Budget Worksheetletaiffecommended 2012.xlsx
Moab City Recorder's Office
Budget Page 6 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
42726 Animal Shltr BLDG/GRDS-SUPPLIES & MAINT.
42727 Animal Shltr UTILITIES
42728 Animal Shltr TELEPHONE
42730 Animal Shltr MONTHLY FUEL - GASCARD
42731 Animal Shltr PROFESSIONAL/TECHNICAL SERVICE
42733 Animal Shltr EDUCATION
42735 Animal Shltr OTHER
42746 Animal Shltr SPECIAL DEPARTMENTAL SUPPLIES
42769 Animal Shltr Lease payments
42774 Animal Shltr MACHINERY & EQUIPMENT
Total Animal Shelter
Total Public safety
Highways and public improvements
Highways
44010 Highways SALARIES & WAGES
44013 Highways EMPLOYEE BENEFITS
44015 Highways OVERTIME
44021 Highways SUBSCRIPTIONS & MEMBERSHIPS
44023 Highways TRAVEL
44024 Highways OFFICE EXPENSE & SUPPLIES
44025 Highways EQUIPMENT-SUPPL. & MAINTENANCE
44026 Highways BLDG/GRDS-SUPPL. & MAINTENANCE
44027 Highways UTILITIES
44028 Highways TELEPHONE
44029 Highways RENT OF PROPERTY OR EQUIPMENT
44030 Highways MONTHLY FUEL-GASCARD
44031 Highways PROFESSIONAL & TECH. SERVICES
44033 Highways EDUCATION
44035 Highways OTHER
44042 Highways STREET LIGHTS
44046 Highways SPECIAL DEPARTMENTAL SUPPLIES
44069 Highways Lease payments
44074 Highways MACHINERY & EQUIPMENT
44077 SPECIAL PROJECTS
440810 LEASE PRINCIPAL
440820 LEASE INTEREST
Total Highways
Storm Drainage
42531 PROFESSIONAL & TECH. SERVICES
42546 SPECIAL DEPARTMENTAL SUPPLIES
Total Storm Drainage
Sanitation
44231 Sanitation PROFESSIONAL & TECH. SERVICES
Total Sanitation
Safety
44121 Safety SUBSCRIPTIONS & MEMBERSHIPS
44123 Safety TRAVEL
44125 Safety EQUIP/SUPPLIES & MAINTENANCE
44128 Safety TELEPHONE
44131 Safety PROFESSIONAL & TECH. SERVICES
44133 Safety EDUCATION
44135 Safety OTHER
44146 Safety SPECIAL DEPARTMENTAL SUPPLIES
44174 Safety MACHINERY & EQUIPMENT
44175 Safety SAFETY EQUIPMENT
Total Safety
Total Highways and public improvements
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
(1,046.05)
(1,116.77)
(1,338.98)
(2,000.00)
66.95%
$ (3,600.00)
(5,296.23)
(9,843.14)
(5,526.73)
(9,800.00)
56.40%
$ (9,800.00)
(463.58)
(795.36)
(469.81)
(800.00)
58.73%
$ (900.00)
0.00
0.00
0.00
(300.00)
0.00%
$ (300.00)
(180.00)
(180.00)
(237.05)
(400.00)
59.26%
$ (400.00)
(90.00)
(90.00)
(180.00)
(400.00)
45.00%
$ (400.00)
(76.00)
(76.00)
(80.00)
(150.00)
53.33%
$ (100.00)
(1,612.20)
(2,125.07)
(1,588.05)
(2,800.00)
56.72%
$ (2,800.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
(40,193.88)
(65,065.97)
(47,950.25)
(72,310.00)
66.31%
$ (80,010.00)
(1,190,319.31)
(1,949,111.65)
(1,341,407.92)
(2,233,325.00)
60.06%
(261,041.89)
(435,764.70)
(297,720.79)
(493,698.00)
60.30%
$ (524,000.00)
(147,888.77)
(249,673.53)
(174,443.70)
(299,000.00)
58.34%
$ (332,900.00)
(1,797.15)
(2,540.03)
(1,694.73)
(6,200.00)
27.33%
$ (6,200.00)
(708.40)
(925.94)
(254.00)
(1,000.00)
25.40%
$ (800.00)
(306.40)
(849.42)
(206.40)
(1,200.00)
17.20%
$ (2,900.00)
(1,880.42)
(3,512.79)
(2,416.09)
(3,500.00)
69.03%
$ (3,800.00)
(11,387.14)
(19,752.18)
(10,908.88)
(22,000.00)
49.59%
$ (21,000.00)
(11,248.30)
(23,592.23)
(19,842.82)
(35,000.00)
56.69%
$ (37,100.00)
(7,656.76)
(14,489.75)
(7,976.89)
(14,500.00)
55.01%
$ (15,000.00)
(1,819.75)
(3,147.09)
(1,728.04)
(3,200.00)
54.00%
$ (3,200.00)
(1,895.00)
(2,727.68)
(1,661.53)
(2,600.00)
63.91%
$ (2,600.00)
(14,008.40)
(28,233.88)
(15,722.45)
(28,000.00)
56.15%
$ (34,000.00)
(26,837.74)
(31,184.65)
(6,518.25)
(7,000.00)
93.12%
$ (11,000.00)
0.00
0.00
(70.47)
(600.00)
11.75%
$ (1,900.00)
(6,411.53)
(10,105.88)
(8,454.99)
(15,000.00)
56.37%
$ (8,000.00)
(52,969.75)
(90,757.72)
(48,730.23)
(95,000.00)
51.29%
$ (93,060.00)
(10,869.00)
(19,642.55)
(7,737.66)
(16,000.00)
48.36%
$ (14,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(6,597.36)
(6,597.36)
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
(565,323.76)
(943,497.38)
(606,087.92)
(1,043,498.00)
58.08%
$ (1,111,460.00)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00
0.00%
(467,751.36)
(467,751.36)
(738,448.30)
(738,448.30)
(546,750.86)
(546,750.86)
(801,000.00)
(801,000.00)
68.26%
68.26%
$ (810,000.00)
$ (810,000.00)
(720.00)
(860.00)
(640.00)
(920.00)
69.57%
$ (1,220.00)
0.00
0.00
0.00
(500.00)
0.00%
$ (900.00)
(1,398.31)
(1,887.30)
(331.00)
(1,795.00)
18.44%
$ (1,400.00)
(226.26)
(356.06)
(196.08)
(600.00)
32.68%
$ (500.00)
0.00
(310.00)
(577.00)
(1,200.00)
48.08%
$ (1,000.00)
(285.00)
(405.00)
0.00
(800.00)
0.00%
$ (1,200.00)
(148.30)
(389.55)
(376.46)
(400.00)
94.12%
$ (500.00)
(5,432.48)
(11,562.67)
(10,099.43)
(15,000.00)
67.33%
$ (25,000.00)
0.00
0.00
0.00
0.00
0.00%
$ (3,000.00)
0.00
0.00
0.00
0.00
0.00%
$
(8,210.35)
(15,770.58)
(12,219.97)
(21,215.00)
57.60%
$ (34,720.00)
(1,041,285.47)
(1,697,716.26)
(1,165,058.75)
(1,865,713.00)
62.45%
5/4/2012 Budget WorksheetietalSRecOmmended 2012.xlsx
Moab City Recorder's Office
Budget Page 7 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
Parks, recreation, and public property
Parks
45110 Parks SALARIES & WAGES
45113 Parks EMPLOYEE BENEFITS
45115 Parks OVERTIME
45121 Parks SUBSCRIPTIONS & MEMBERSHIPS
45123 Parks TRAVEL
45124 Parks OFFICE EXPENSE & SUPPLIES
45125 Parks EQUIPMENT-SUPPL. & MAINTENANCE
45126 Parks BLDG/GRDS-SUPPL. & MAINTENANCE
45127 Parks UTILITIES
45128 Parks TELEPHONE
45129 Parks RENTALS
45130 Parks MONTHLY FUEL-GASCARD
45131 Parks PROFESSIONAL & TECH. SERVICES
45133 Parks EDUCATION
45135 Parks OTHER
45146 Parks SPECIAL DEPARTMENTAL SUPPLIES
45169 Parks Lease payments
45173 Parks PARK IMPROVEMENTS
45174 Parks MACHINERY & EQUIPMENT
Total Parks
Swimming Pool
45210 MRAC SALARIES & WAGES
45213 MRAC EMPLOYEE BENEFITS
45215 MRAC OVERTIME
45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS
45222 MRAC LEGAL NOTICES/ADVERTISING
45223 MRAC TRAVEL
45224 MRAC OFFICE EXPENSE & SUPPLIES
45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE
45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE
45227 MRAC UTILITIES
45228 MRAC TELEPHONE
45229 MRAC RENT OF PROPERTY OR EQUIPMENT
45231 MRAC PROFESSIONAL & TECH. SERVICES
45233 MRAC EDUCATION
45234 MRAC INSTRUCTIONAL MATERIALS/SUPP.
45235 MRAC OTHER
45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES
45261 MRAC SUNDRY EXPENSES -MISCELLANEOUS
45273 MRAC SWIM PROGRAMS
Total Swimming Pool
Total Parks, recreation, and public property
Community and economic development
Film Commission
42810 Film Comm SALARIES & WAGES
42813 Film Comm EMPLOYEE BENEFITS
42815 Film Comm OVERTIME
42821 Film Comm SUBSCRIPTIONS & MEMBERSHIPS
42822 Film Comm PUBLIC NOTICES
42823 Film Comm TRAVEL
42824 Film Comm OFFICE EXPENSE & SUPPLIES
42825 Film Comm EQUIP./SUPPLIES & MAINTENANCE
42828 Film Comm TELEPHONE
42830 Film Comm MONTHLY FUEL- GASCARD
42831 Film Comm PROFESSIONAL & TECH. SERVICES
42833 Film Comm EDUCATION
42835 Film Comm OTHER
42846 Film Comm SPECIAL DEPARTMENTAL SUPPLIES
42874 Film Comm MACHINERY & EQUIPMENT
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
(104,190.87)
(167,332.95)
(108,484.59)
(179,754.00)
60.35%
$ (192,000.00)
(89,369.22)
(143,182.81)
(88,903.81)
(155,000.00)
57.36%
$ (172,000.00)
(39.42)
(55.81)
0.00
(300.00)
0.00%
$ (200.00)
(349.95)
(319.15)
(424.52)
(450.00)
94.34%
$ (500.00)
0.00
0.00
(104.34)
(600.00)
17.39%
$ (800.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(6,463.29)
(9,830.77)
(4,370.84)
(9,500.00)
46.01%
$ (9,600.00)
(4,245.25)
(17,929.00)
(2,499.06)
(12,200.00)
20.48%
$ (12,200.00)
(27,252.12)
(43,565.84)
(24,407.88)
(40,000.00)
61.02%
$ (46,000.00)
(257.52)
(441.27)
(222.08)
(600.00)
37.01%
$ (500.00)
0.00
0.00
0.00
(500.00)
0.00%
$ (500.00)
(7,776.13)
(14,340.86)
(8,123.87)
(14,000.00)
58.03%
$ (17,000.00)
(1,009.75)
(1,158.00)
(101.00)
(2,000.00)
5.05%
$ (1,500.00)
(150.00)
(150.00)
(100.00)
(900.00)
11.11%
$ (1,000.00)
(293.85)
(293.85)
(314.69)
(600.00)
52.45%
$ (600.00)
(4,966.08)
(9,414.77)
(4,919.05)
(11,000.00)
44.72%
$ (12,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(246,363.45)
(408,015.08)
(242,975.73)
(427,404.00)
56.85%
$ (466,400.00)
(8,704.66)
(83,050.80)
(201,549.85)
(299,800.00)
67.23%
$ (320,000.00)
(6,480.44)
(25,107.79)
(48,853.42)
(67,500.00)
72.38%
$ (77,000.00)
0.00
0.00
(50.10)
(500.00)
10.02%
$ (400.00)
0.00
0.00
(99.85)
(300.00)
33.28%
$ (300.00)
(1,489.20)
(4,035.83)
(4,138.70)
(6,400.00)
64.67%
$ (7,500.00)
0.00
0.00
0.00
(1,000.00)
0.00%
$ (1,000.00)
0.00
(2,446.58)
(2,238.77)
(2,000.00)
111.94%
$ (3,600.00)
(299.00)
1,216.30
(186.71)
(3,500.00)
5.33%
$ (3,500.00)
0.00
(5,248.99)
(9,316.81)
(17,500.00)
53.24%
$ (17,500.00)
0.00
(29,058.91)
(44,979.53)
(102,000.00)
44.10%
$ (95,000.00)
21.29
(1,377.21)
(2,095.11)
(3,200.00)
65.47%
$ (3,700.00)
0.00
0.00
0.00
0.00
0.00%
$ (500.00)
(140.00)
(2,848.95)
(7,032.69)
(5,500.00)
127.87%
$ (7,500.00)
0.00
0.00
(180.00)
(700.00)
25.71%
$ (500.00)
(65.00)
(439.52)
(306.39)
(500.00)
61.28%
$ (500.00)
(165.42)
(932.52)
(1,309.98)
(1,600.00)
81.87%
$ (2,000.00)
0.00
(17,056.28)
(10,579.23)
(26,000.00)
40.69%
$ (25,000.00)
0.00
(2,632.53)
(3,770.83)
(9,100.00)
41.44%
$ (7,500.00)
0.00
0.00
(774.25)
(1,000.00)
77.43%
$ (1,000.00)
(17,322.43)
(173,019.61)
(337,462.22)
(548,100.00)
61.57%
$ (574,000.00)
(263,685.88)
(581,034.69)
(580,437.95)
(975,504.00)
59.50%
(24,293.66)
(40,743.90)
(24,518.34)
(43,000.00)
57.02%
$ (44,709.00)
(12,712.69)
(26,699.67)
(16,985.37)
(27,500.00)
61.76%
$ (31,225.00)
0.00
0.00
0.00
(200.00)
0.00%
$ (200.00)
(899.20)
(883.80)
(750.00)
(1,000.00)
75.00%
$ (1,600.00)
(264.05)
(1,066.05)
(500.00)
(1,600.00)
31.25%
$ (1,600.00)
(4,511.36)
(6,522.01)
(1,096.72)
(6,500.00)
16.87%
$ (6,500.00)
(648.40)
(837.01)
(109.31)
(1,300.00)
8.41%
$ (2,100.00)
0.00
(76.65)
(34.43)
(500.00)
6.89%
$ (500.00)
(718.41)
(1,282.75)
(487.83)
(1,300.00)
37.53%
$ (1,200.00)
(70.73)
(190.63)
(128.82)
(400.00)
32.21%
$ (400.00)
0.00
(81.87)
0.00
(400.00)
0.00%
$ (400.00)
(700.00)
(700.00)
(25.00)
(1,000.00)
2.50%
$ (725.00)
(33.84)
(127.44)
(121.45)
(100.00)
121.45%
$ (150.00)
0.00
(11.87)
(235.16)
(400.00)
58.79%
$ (400.00)
0.00
0.00
0.00
0.00
0.00%
$ -
5/4/2012 Budget WorksheetietliPeecOmmended 2012.xlsx
Moab City Recorder's Office
Budget Page 8 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
42875 Film Comm SPECIAL PROJECTS
42876 Film Comm GRANT EXPENSES
Total Film Commission
Community Development
46024 Econ Dev RECYCLING SERVICES
46026 Econ Dev ARTS PROMOTION
46075 Econ Dev SHELTER SERVICES
46076 MOAB INFORMATION CENTER
46082 Econ Dev SOUTHEASTERN ASSO. OF GOV.
46084 Econ Dev GRAND COUNTY/4TH JULY FIREWORK
Total Community Development
Total Community and economic development
Debt service
47111 CAPITAL LEASE PRINCIPAL
47112 CAPITAL LEASE INTEREST
47121 CAPITAL LEASE OFFSET CHARGES TO DEPTS
Total Debt service
Transfers and contributions out
48061 TRANS. TO CAPITAL PROD. FUND
48071 TRANSFER TO MILLCREEK FUND
48086 CONTRIBUTION - RECREATION FUND
48090 TRANSFER TO STORM WATER UTIL
48097 TRANSFER TO CAPITAL PROJECTS
48098 CONTRIBUTION TO COMM DEV FUND
Total Transfers and contributions out
Total Expenditures:
Total Change In Net Position
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
(1,752.89)
(2,192.89)
(112.97)
(3,200.00)
3.53%
(1,065.01)
(1,065.01)
(17.78)
(13,243.00)
0.13%
(47,670.24)
(82,481.55)
(45,123.18)
(101,643.00)
44.39%
Public Hearing
(2,400.00)
(13,225.00)
$ (107,334.00)
0.00
0.00
0.00
0.00
0.00%
$
(7,000.00)
(7,000.00)
0.00
(7,000.00)
0.00%
$ (7,000.00)
(5,000.00)
(5,000.00)
0.00
(5,000.00)
0.00%
$ (5,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(2,500.00)
(2,500.00)
(2,500.00)
(2,500.00)
100.00%
$ (2,500.00)
0.00
(5,000.00)
0.00
(5,000.00)
0.00%
$ (5,000.00)
(14,500.00)
(19,500.00)
(2,500.00)
(19,500.00)
12.82%
$ (19,500.00)
(62,170.24)
(101,981.55)
(47,623.18)
(121,143.00)
39.31%
0.00
(108,034.71)
(19,969.21)
(132,596.00)
15.06%
$ (138,113.00)
0.00
(19,570.26)
(2,273.85)
(17,253.00)
13.18%
$ (11,736.00)
0.00
0.00
0.00
0.00
0.00%
0.00
(127,604.97)
(22,243.06)
(149,849.00)
14.84%
$ (149,849.00)
0.00
(752,450.00)
0.00
0.00
0.00%
0.00
0.00
0.00
(3,500.00)
0.00%
$ (7,000.00)
0.00
(134,972.00)
0.00
(139,236.00)
0.00%
$ (125,473.00)
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
(542,550.00)
0.00
0.00
0.00%
$ (41,000.00)
0.00
(1,429,972.00)
0.00
(142,736.00)
0.00%
$ (173,473.00)
(3,504,902.23)
(7,467,047.19)
(4,166,683.81)
(7,297,633.00)57.10%
(7,686,025.00)
P e 1l of 150
5/4/2012 Budget Worksheet�etai Recommended 2012.x1sx Moab City Recorder's Office
Budget Page 9 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
CLASS C
Change In Net Position
Revenue:
Intergovernmental revenue
33560 Class C CLASS C ROAD FUND
Total Intergovernmental revenue
Interest
36100 Class C INTEREST INCOME
36160 PROCEEDS FROM LT DEBT
Total Interest
Miscellaneous revenue
36200 PROPERTY OWNER CONTRIBUTIONS
Total Miscellaneous revenue
Contributions and transfers
3650 Proceeds on sale or trade of fixed assets
39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV
Total Contributions and transfers
Total Revenue:
Expenditures:
Highways and public improvements
Highways
40041 Class C SPECIAL DEPARTMENTAL SUPPLIES
40058 Class C ROADBASE - PATCHING
40070 Class C COLD MIX
40071 Class C CHIP SEAL
40072 Class C CRACK SEALING
40073 Class C SPECIAL PROJECTS
40074 Class C MACHINERY & EQUIPMENT
400810 LEASE PRINCIPAL
400820 LEASE INTEREST
40169.1 Class C Equipment capital lease
40169.2 Class C Capital lease interest
Total Highways
Total Highways and public improvements
Total Expenditures:
Total Change In Net Position
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
125,026.46
177,624.46
69,344.52
177,000.00
39.18%
$ 178,000.00
125,026.46
177,624.46
69,344.52
177,000.00
39.18%
$ 178,000.00
0.00
2,475.52
0.00
3,000.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
2,475.52
0.00
3,000.00
0.00%
2,500.00
2,500.00
.
00
19,752.00
0.00
0.00%
19,752.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
65,000.00
65,000.00
0.00%
0.00%
0.00%
54,500.00
54,500.00
125,026.46
180,099.98
89,096.52
245,000.00
36.37%
235,000.00
(8,835.41)
(23,841.37)
(18,596.44)
(18,000.00)
103.31%
$ (20,000.00)
(8,728.36)
(1,324.28)
(1,590.31)
(11,000.00)
14.46%
$ (9,000.00)
(1,377.60)
(9,945.80)
312.88
(16,000.00)
-1.96%
$ (16,000.00)
0.00
(119,670.00)
0.00
(160,000.00)
0.00%
$ (140,000.00)
0.00
(32,688.00)
0.00
(40,000.00)
0.00%
$ (25,000.00)
(54,615.54)
(1,050.00)
0.00
0.00
0.00%
$ (25,000.00)
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(73,556.91)
(188,519.45)
(19,873.87)
(245,000.00)
8.11%
$ (235,000.00)
(73,556.91)
(188,519.45)
(19,873.87)
(245,000.00)
8.11%
(73,556.91)
(188,519.45)
(19,873.87)
(245,000.00)
8.11%
35,000.00)
51,469.55
(8,419.47)
69,222.65
0.00
0.00%
5/4/2012 Budget WorkshePeea oblBaring 2012.x1sx Moab City Recorder's Office
Budget Page 10 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
RECREATION
Change In Net Position
Revenue:
Intergovernmental revenue
33561 GRAND COUNTY- RSSD
33563 SCHOOL DISTRICT
Total Intergovernmental revenue
Charges for services
34537 TOURNAMENT SOFTBALL- MEN'S
34538 TOURNAMENT SOFTBALL - YOUTH
34539 ADULT SOCCER
34540 VOLLEYBALL - ADULT COED
34545 VOLLEYBALL - WOMEN'S
34546 VOLLEYBALL - YOUTH SPRING
34563 ADULT COED SOFTBALL
34564 MENS SOFTBALL
34566 YOUTH/BASEBALL/SOFTBALL
34567 SKI PROGRAM
34568 YOUTH FOOTBALL
34569 SPRING YOUTH SOCCER
34570 FALL YOUTH SOCCER
34571 SOCCER CAMPS
34572 TURKEY TROT
34573 SMART START
34574INDOOR SOCCER -YOUTH
345761RJAZZ BASKETBALL
34577 FLAG FOOTBALL
34578 MIDDLE SCHOOL FOOTBALL
34579 FLAG FOOTBALL - ADULT
34580 YOUTH VOLLEYBALL
34581 MIDDLE SCHOOL VOLLEYBALL
34583 YOUTH SPONSOR/BASEBALL
34599 MIDDLE SCHOOL TRVL BASEBALL
34600 ULTIMATE FRISBEE
Total Charges for services
Moab arts & recreation
66150 MEMBERSHIP FEES
66160 PROGRAM FEES
66180 MATERIALS - TAXABLE
66210 GRANTS AND DONATIONS
66250 WORKSHOP FEES
66271 RENTAL FEES
66372 SPECIAL EVENTS FEES
Total Moab arts & recreation
Interest
36100 INTEREST INCOME
Total Interest
Miscellaneous revenue
36210 TEEN CENTER DONATIONS/GRANTS
36220 TEEN CENTER PROGRAM FEES
36230 TEEN CENTER WORKSHOP FEES
36560 OTHER INCOME
36570 GRANTS AND DONATIONS
36571 CTC GRANT
36757 SAFE PASSAGE GRANT
Total Miscellaneous revenue
Contributions and transfers
33562 CITY OF MOAB
36231 PREP PROGRAM GRANT
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
0.00
0.00
0.00
58,273.00
0.00
58,273.00
0.00
0.00
0.00
64,052.00
0.00
64,052.00
0.00%
0.00%
0.00%
56,665.00
20,238.00
76,903.00
0.00
3,000.00
0.00
4,875.00
0.00%
$ 3,400.00
0.00
0.00
0.00
0.00
0.00%
$ 1,200.00
785.00
2,355.00
900.00
2,300.00
39.13%
$ 2,220.00
0.00
160.00
320.00
600.00
53.33%
$ 400.00
1,050.00
1,050.00
600.00
1,080.00
55.56%
$ 720.00
0.00
0.00
0.00
0.00
0.00%
$ 1,750.00
210.00
2,135.00
0.00
1,200.00
0.00%
$ 1,800.00
0.00
0.00
0.00
0.00
0.00%
$ -
(713.49)
14,747.51
135.00
14,650.00
0.92%
$ 16,000.00
0.00
0.00
0.00
0.00
0.00%
$ -
4,022.60
4,022.60
3,024.00
4,140.00
73.04%
$ 4,210.00
3,645.00
10,453.00
4,853.00
11,700.00
41.48%
$ 12,420.00
2,663.00
2,693.00
3,036.00
2,390.00
127.03%
$ 3,100.00
0.00
0.00
0.00
0.00
0.00%
$
2,083.65
2,083.65
1,836.00
2,250.00
81.60%
$ 1,900.00
0.00
0.00
0.00
100.00
0.00%
$ -
1,049.00
1,049.00
1,082.00
1,100.00
98.36%
$ 1,100.00
3,725.00
3,775.00
2,900.00
3,565.00
81.35%
$ 3,800.00
1,185.00
1,185.00
1,235.00
1,104.00
111.87%
$ 1,300.00
1,245.00
1,245.00
1,095.00
1,150.00
95.22%
$ 1,500.00
445.00
445.00
500.00
480.00
104.17%
$ 480.00
1,618.00
1,618.00
2,148.00
1,930.00
111.30%
$ 1,920.00
715.00
715.00
980.00
970.00
101.03%
$ 1,200.00
550.00
9,450.00
0.00
8,800.00
0.00%
$ 9,350.00
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
24,277.76
62,181.76
24,644.00
64,384.00
38.28%
$ 69,770.00
125.00
275.00
1,375.00
800.00
171.88%
$ 1,500.00
381.60
4,691.60
3,419.00
4,400.00
77.70%
$ 4,400.00
80.72
80.72
0.00
100.00
0.00%
$ 100.00
17,518.00
24,275.00
9,033.75
0.00
0.00%
$ 9,112.00
0.00
0.00
0.00
0.00
0.00%
$
16,658.95
30,157.05
18,255.95
28,000.00
65.20%
$ 34,500.00
24,911.69
26,647.31
24,119.24
38,150.00
63.22%
$ 27,100.00
59,675.96
86,126.68
56,202.94
71,450.00
78.66%
$ 76,712.00
0.00
0.00
0.00
300.00
0.00%
300.00
0.00
0.00
0.00
300.00
0.00%
300.00
9,560.75
27,253.35
11,024.00
20,000.00
55.12%
$ 16,450.00
0.00
0.00
0.00
0.00
0.00%
$ -
30.00
30.00
0.00
0.00
0.00%
$ -
480.00
990.00
505.00
1,350.00
37.41%
$ 1,000.00
0.00
2,407.50
5,961.91
1,000.00
596.19%
$ 1,000.00
0.00
9,792.33
8,121.31
10,551.00
76.97%
$ 10,470.00
23,404.70
40,334.75
10,431.57
30,587.00
34.10%
$ 30,587.00
33,475.45
80,807.93
36,043.79
63,488.00
56.77%
$ 59,507.00
134,972.00
0.00
0.00
139,236.00
55,571.00
0.00%
0.00%
$ 125,473.00
$ 62,160.00
5/4/2012 Budget Worksheet Wetail glalichearing 2012.xlsx
Moab City Recorder's Office
Budget Page 11 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
39535 RECREATION FUND BEG. BALANCE
39537 LOAN FROM GENERAL FUND
39540 TRANSFER FROM AFTER SCHOOL
Total Contributions and transfers
Total Revenue:
Expenditures:
Parks, recreation, and public property
Recreation
64010 Recreation SALARIES- DIRECTOR/ASST.
64013 Recreation EMPLOYEE BENEFITS
64015 Recreation OVERTIME
64021 Recreation SUBSCRIPTIONS & MEMBERSHIPS
64022 Recreation ADVERTISING
64024 Recreation OFFICE EXPENSE & SUPPLIES
64025 Recreation - EQUIP SUPPLIES & MAINT
64028 Recreation TELEPHONE
64030 Recreation MONTHLY FUEL - GASCARD
64031 Recreation PROFESSIONAL & TECHNICAL
64033 Recreation EDUCATION
64035 Recreation OTHER
64036 Recreation DIRECTOR -TRAVEL
64037 Recreation DIRECTOR/EDUCATION
64046 Recreation SPECIAL DEPARTMENTAL SUPPLIES
64065 Recreation FINGER -PRINTING
64092 Recreation TURKEY TROT/EASTER EGG HUNT
Total Recreation
Ski Program
64102 SMART START
Total Ski Program
Soccer
64201 Soccer YOUTH SOCCER
64202 Soccer FALL SOCCER
64205 Soccer ADULT
64209Soccer INDOOR -YOUTH
64210 Soccer WAGES
64213 Soccer SOCCER REFEREE - WAGES
64215Soccer INDOOR - YOUTH DIRECTOR
Total Soccer
Adult Softball
64427 COED SOFTBALL
64435 MEN'S SOFTBALL
64436 MEN'S SOFTBALL TOURN/DIRECTOR
64437 MEN'S SOFTBALL TOURNAMENT
64438 MEN'S SOFTBALL TOU RN. -UMPIRES
Total Adult Softball
Adult Volleyball
64601 CO-ED VOLLEYBALL
64602 VOLLEYBALL
64613 CO-ED VOLLEYBALL- DIRECTOR
64614 WOMEN'S VOLLEYBALL - DIRECTOR
Total Adult Volleyball
Basketball
64804JRJAZZ BASKETBALL
64805 JR. JAZZ REFEREE SERVICES
64807 MS BASKETBALL REFEREES
64813 Basketball EMPLOYEE BENEFITS
Total Basketball
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
0.00
0.00
0.00
8,008.00
0.00%
$ 24,788.00
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
134,972.00
0.00
202,815.00
0.00%
$ 212,421.00
L
117,429.17
422,361.37
116,890.73
466,489.00
25.06%
495,613.00
(45,930.23)
(73,458.58)
(51,327.34)
(77,000.00)
66.66%
$ (83,400.00)
(32,356.03)
(53,219.35)
(35,782.08)
(54,300.00)
65.90%
$ (63,900.00)
0.00
0.00
0.00
(200.00)
0.00%
$ (200.00)
(352.41)
(321.61)
(395.00)
(340.00)
116.18%
$ (445.00)
(3,133.25)
(3,448.15)
(3,833.50)
(3,600.00)
106.49%
$ (4,000.00)
(1,197.99)
(3,047.90)
(1,403.29)
(2,200.00)
63.79%
$ (2,200.00)
0.00
(563.40)
(82.26)
0.00
0.00%
$ (250.00)
(2,117.61)
(3,531.92)
(2,181.87)
(3,200.00)
68.18%
$ (3,600.00)
0.00
(128.65)
0.00
(100.00)
0.00%
$ (140.00)
(210.00)
(1,061.00)
(70.00)
(500.00)
14.00%
$ (350.00)
0.00
0.00
(900.00)
(1,400.00)
64.29%
$ (1,100.00)
(601.64)
(624.00)
(286.25)
(550.00)
52.05%
$ (550.00)
(144.43)
(144.43)
0.00
(300.00)
0.00%
$ (350.00)
0.00
0.00
0.00
(500.00)
0.00%
$ (500.00)
0.00
(470.04)
(318.53)
(300.00)
106.18%
$ (350.00)
(399.00)
(675.00)
(435.00)
(840.00)
51.79%
$ (700.00)
(729.17)
(1,891.25)
(827.33)
(1,600.00)
51.71%
$ (1,700.00)
(87,171.76)
(142,585.28)
(97,842.45)
(146,930.00)
66.59%
$ (163,735.00)
0.00
0.00
0.00
(50.00)
0.00%
0.00
0.00
0.00
(50.00)
0.00%
(4,184.65)
(5,418.99)
(3,499.70)
(6,565.00)
53.31%
$ (6,300.00)
(1,001.36)
(1,001.36)
(1,257.03)
(1,180.00)
106.53%
$ (1,780.00)
0.00
0.00
(640.32)
(700.00)
91.47%
$ (750.00)
(306.76)
(1,047.97)
(403.35)
(500.00)
80.67%
$ (490.00)
(283.64)
(2,019.99)
(350.00)
(3,570.00)
9.80%
$ (3,600.00)
0.00
0.00
(48.98)
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(5,776.41)
(9,488.31)
(6,199.38)
(12,515.00)
49.54%
$ (12,920.00)
(111.00)
(1,245.98)
(575.86)
(630.00)
91.41%
$ (830.00)
0.00
0.00
0.00
(120.00)
0.00%
$ (120.00)
0.00
0.00
0.00
(200.00)
0.00%
$ (200.00)
(227.50)
(855.33)
(441.56)
(1,530.00)
28.86%
$ (1,530.00)
0.00
(1,549.90)
0.00
(2,800.00)
0.00%
$ (2,000.00)
(338.50)
(3,651.21)
(1,017.42)
(5,280.00)
19.27%
$ (4,680.00)
0.00
0.00
(167.93)
(200.00)
83.97%
$ (350.00)
(632.55)
(632.55)
0.00
(200.00)
0.00%
$ (350.00)
0.00
0.00
0.00
(250.00)
0.00%
0.00
0.00
0.00
(250.00)
0.00%
(632.55)
(632.55)
(167.93)
(900.00)
18.66%
$ (700.00)
(5,009.48)
(4,952.75)
(1,780.92)
(2,555.00)
69.70%
$ (2,980.00)
(1,448.40)
(2,157.49)
(458.54)
(1,730.00)
26.51%
$ (1,750.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(146.57)
(218.29)
(46.44)
(150.00)
30.96%
$ (150.00)
(6,604.45)
(7,328.53)
(2,285.90)
(4,435.00)
51.54%
$ (4,880.00)
5/4/2012 Budget WorksheNetail publichearing 2012.xlsx
Moab City Recorder's Office
Budget Page 12 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
Youth Volleyball
64901 YOUTH VOLLEYBALL
64902 MIDDLE SCHOOL VOLLEYBALL
64903 MIDDLE SCHOOL VOLLEYBALL
64904 YOUTH SPRING VOLLEYBALL - WAGES
64905 YOUTH SPRING VOLLEYBALL
Total Youth Volleyball
Youth Baseball/Softball
65111 Youth BB/SB WAGES- MAINTENANCE WORKERS
65112 Youth BB/SB WAGES- UMPIRES & SCOREKEEPERS
65113 Youth BB/SB EMPLOYEE BENEFITS
65123 Youth BB/SB BASEBALL STATE TOURN. EXPENSES
65125 Youth BB/SB EQUIPMENT -SUPPLIES & MAINT.
65126 Youth BB/SB BASEBALL FIELD MAINTENANCE
65158 MIDDLE SCHOOL TRVL BASEBALL
65173 FIELD MAINTENANCE EQUIPMENT
65174 YOUTH BASEBALL/SOFTBALL
65177 UTAH GIRLS SOFTBALL ASSOC
65178 UTAH BOYS BASEBALL ASSOCIATION
Total Youth Baseball/Softball
Youth Football
65213 Youth Football BENEFITS
65275 YOUTH FOOTBALL
65280 FLAG FOOTBALL
65281FLAG FOOTBALL - ADULT
65285 MIDDLE SCHOOL FOOTBALL
65286 YOUTH FOOTBALL REFEREES
65295 MS FOOTBALL REFEREES
Total Youth Football
BMX
65410 BMX WAGES
65424 BMX MATERIALS & SUPPLIES
Total BMX
Special Projects
66046 SPECIAL PROJECTS
Total Special Projects
Teen Center
70010 Teen Center SALARIES & WAGES
70013 Teen Center EMPLOYEE BENEFITS
70021 Teen Center SUBSCRIPTIONS & MEMBERSHIPS
70022 Teen Center PUBLIC NOTICES
70023 Teen Center TRAVEL
70024 Teen Center OFFICE EXPENSE & SUPPLIES
70025 Teen Center EQUIP/SUPPLIES & MAINTENANCE
70028 Teen Center TELEPHONE
70031 Teen Center PROFESSIONAL/TECHNICAL SERVICE
70033 Teen Center EDUCATION
70035 Teen Center OTHER
70046 Teen Center SPECIAL DEPARTMENTAL SUPPLIES
70078 Teen Center SPECIAL PROJECTS
70079 Teen Center PROGRAMS
Total Teen Center
Moab Arts & Recreation Center
80010 MARC SALARIES & WAGES
80013 MARC EMPLOYEE BENEFITS
80014 MARC SALARIES & WAGES - INSTRUCTORS
80015 MARC SALARIES & WAGES OT
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
(1,121.24)
(1,121.24)
(981.12)
(1,650.00)
59.46%
$ (1,625.00)
(1,678.60)
(1,678.60)
(682.43)
(1,630.00)
41.87%
$ (1,630.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(400.53)
(400.53)
0.00
0.00
0.00%
$
(3,200.37)
(3,200.37)
(1,663.55)
(3,280.00)
50.72%
$ (3,255.00)
(341.25)
(3,289.99)
(1,954.65)
(3,600.00)
54.30%
$ (4,000.00)
(1,716.92)
(3,726.92)
(1,003.86)
(6,850.00)
14.65%
$ (5,760.00)
(208.35)
(710.19)
(299.43)
(900.00)
33.27%
$ (900.00)
(2,498.51)
(2,498.51)
(2,287.66)
(2,500.00)
91.51%
$ (1,875.00)
0.00
0.00
(143.74)
(150.00)
95.83%
$ (150.00)
(50.00)
(80.00)
(33.14)
(300.00)
11.05%
$ (700.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
(105.05)
0.00
0.00
0.00%
$
(728.13)
(13,175.33)
(1,779.65)
(14,000.00)
12.71%
$ (16,400.00)
0.00
(360.00)
0.00
(540.00)
0.00%
$ (315.00)
0.00
(470.00)
0.00
(600.00)
0.00%
$ (270.00)
(5,543.16)
(24,415.99)
(7,502.13)
(29,440.00)
25.48%
$ (30,370.00)
(72.67)
(72.67)
(74.20)
(350.00)
21.20%
$ (350.00)
(8,399.86)
(8,399.86)
(2,597.42)
(3,200.00)
81.17%
$ (3,350.00)
(967.25)
(967.25)
(341.60)
(830.00)
41.16%
$ (980.00)
0.00
0.00
0.00
(75.00)
0.00%
$ (75.00)
(1,688.85)
(1,688.85)
(705.12)
(1,000.00)
70.51%
$ (1,150.00)
(772.29)
(772.29)
(827.66)
(720.00)
114.95%
$ (720.00)
(177.80)
(177.80)
0.00
(290.00)
0.00%
$
(12,078.72)
(12,078.72)
(4,546.00)
(6,465.00)
70.32%
$ (6,625.00)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(150.00)
(75.00)
(225.00)
0.00%
0.00%
0.00%
(150.00)
(75.00)
(225.00)
(24,881.80)
(25,281.80)
(6,402.48)
(1,400.00)
457.32%
(2,500.00)
(24,881.80)
(25,281.80)
(6,402.48)
(1,400.00)
457.32%
(2,500.00)
(19,481.09)
(33,588.84)
(26,484.72)
(34,380.00)
77.04%
$ (33,536.00)
(1,971.52)
(3,286.99)
(3,275.31)
(2,700.00)
121.31%
$ (2,649.00)
(27.75)
(12.35)
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(22.93)
(2,326.98)
(1,248.20)
(1,700.00)
73.42%
$ (250.00)
0.00
0.00
(8.82)
0.00
0.00%
$ -
0.00
0.00
0.00
(200.00)
0.00%
$ (1,200.00)
(1,543.62)
(2,585.05)
(1,793.00)
(3,050.00)
58.79%
$ (3,060.00)
(8,400.00)
(9,200.00)
(150.00)
(8,500.00)
1.76%
$ (200.00)
0.00
(850.00)
(30.00)
(900.00)
3.33%
$ (250.00)
(541.68)
(541.68)
(55.00)
(200.00)
27.50%
$ (450.00)
(1,644.27)
(3,233.57)
(2,434.47)
(5,000.00)
48.69%
$ (4,898.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(33,632.86)
(55,625.46)
(35,479.52)
(56,630.00)
62.65%
$ (46,493.00)
(23,034.98)
(41,380.46)
(31,186.15)
(51,000.00)
61.15%
$ (56,800.00)
(10,793.30)
(19,459.91)
(14,950.45)
(22,600.00)
66.15%
$ (24,900.00)
(157.70)
(1,545.46)
(1,270.22)
(3,400.00)
37.36%
$ (3,200.00)
0.00
0.00
(198.99)
(300.00)
66.33%
$ (900.00)
5/4/2012 Budget WorksheFeW2tii publichearing 2012.xlsx
Moab City Recorder's Office
Budget Page 13 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
80021 MARC SUBSCRIPTIONS & MEMBERSHIPS
80022 MARC PUBLIC NOTICES
80023 MARC TRAVEL
80024 MARC OFFICE EXPENSE & SUPPLIES
80025 MARC EQUIP/SUPPLIES & MAINTENANCE
80027 MARC UTILITIES
80028 MARC TELEPHONE
80031 MARC PROFESSIONAL/TECHNICAL SERVICE
80033 MARC EDUCATION
80035 MARC OTHER
80046 MARC SPECIAL DEPARTMENTAL SUPPLIES
80077 MARC SPECIAL EVENTS
80078 MARC SPECIAL PROJECTS
Total Moab Arts & Recreation Center
Communities That Care (CTC)
75010 SALARIES & WAGES
75013 EMPLOYEE BENEFITS
75023 TRAVEL
75025 EQUIP/SUPPLIES & MAINTENANCE
75031 PROFESSIONAL & TECHNICAL SERVICES
75033 EDUCATION
75035 OTHER
75046 SPECIAL DEPARTMENTAL SUPPLIES
75078 SPECIAL PROJECTS
Total Communities That Care (CTC)
Prep
90010 PREP - SALARIES & WAGES
90013 PREP- EMPLOYEE BENEFITS
90022 PREP - PUBLIC NOTICES
90023 PREP -TRAVEL
90024 PREP - OFFICE EXPENSE & SUPPLIES
90031 PREP - PROFESSIONAL/TECHNICAL SERVICE
90033 PREP - EDUCATION
90046 PREP - SPECIAL DEPARTMENTAL SUPPLIES
Total Prep
Total Parks, recreation, and public property
Total Expenditures:
Total Change In Net Position
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
(200.00)
(200.00)
(45.56)
(400.00)
11.39%
$ (400.00)
(398.65)
(1,489.60)
(631.15)
(3,500.00)
18.03%
$ (2,000.00)
(260.42)
(260.42)
0.00
0.00
0.00%
$ (500.00)
(1,432.35)
(1,748.67)
(745.39)
(2,000.00)
37.27%
$ (1,600.00)
(2,675.02)
(4,675.86)
(2,961.89)
(4,100.00)
72.24%
$ (4,200.00)
(3,273.71)
(5,829.18)
(3,150.65)
(4,500.00)
70.01%
$ (5,900.00)
(1,727.73)
(2,871.45)
(1,586.98)
(2,800.00)
56.68%
$ (2,700.00)
(1,149.85)
(2,701.87)
(575.00)
(1,300.00)
44.23%
$ (500.00)
0.00
0.00
0.00
0.00
0.00%
$ (400.00)
(260.62)
(260.62)
(311.74)
(400.00)
77.94%
$ (1,700.00)
(611.43)
(1,598.94)
(958.39)
(2,000.00)
47.92%
$ (2,000.00)
(35,253.52)
(37,332.18)
(36,117.08)
(37,000.00)
97.61%
$ (31,100.00)
0.00
0.00
(1,595.00)
0.00
0.00%
$ (6,500.00)
(81,229.28)
(121,354.62)
(96,284.64)
(135,300.00)
71.16%
$ (145,300.00)
0.00
(1,108.08)
(1,874.40)
(3,300.00)
56.80%
$ (3,215.00)
0.00
(108.29)
(183.38)
(260.00)
70.53%
$ (255.00)
(142.11)
(2,685.64)
(3,350.33)
(4,000.00)
83.76%
$ (4,000.00)
0.00
0.00
0.00
(800.00)
0.00%
$ (800.00)
0.00
0.00
(305.00)
(1,500.00)
20.33%
$ (1,500.00)
0.00
(1,280.00)
(1,540.00)
0.00
0.00%
$ (1,500.00)
0.00
0.00
0.00
0.00
0.00%
$
0.00
(197.00)
(122.76)
(200.00)
61.38%
$ (200.00)
0.00
0.00
0.00
0.00
0.00%
(142.11)
(5,379.01)
(7,375.87)
(10,060.00)
73.32%
$ (11,470.00)
0.00
0.00
0.00
(26,041.00)
0.00%
$ (42,200.00)
0.00
0.00
0.00
(2,091.00)
0.00%
$ (3,340.00)
0.00
0.00
0.00
(375.00)
0.00%
$ (325.00)
0.00
0.00
0.00
(1,092.00)
0.00%
$ (5,800.00)
0.00
0.00
0.00
(5,980.00)
0.00%
$ (2,725.00)
0.00
0.00
0.00
(11,600.00)
0.00%
$ (600.00)
0.00
0.00
0.00
(1,150.00)
0.00%
$ (2,000.00)
0.00
0.00
(90.45)
(5,250.00)
1.72%
$ (5,470.00)
0.00
0.00
(90.45)
(53,579.00)
0.17%
$ (62,460.00)
(261,231.97)
(411,021.85)
(266,857.72)
(466,489.00)57.21%
(261,231.97)
(411,021.85)
(266,857.72)
(466,489.00)57.21%
(495,613.00)
(143,802.80)
11,339.52
(149,966.99)
0.00 0.00%
5/4/2012 Budget Workshee t27ob7lBaring 2012.x1sx Moab City Recorder's Office
Budget Page 14 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
COMMUNITY DEVELOPMENT
Revenue:
Contributions and transfers
39209 COMMUNITY DEV. FUND/BEG. BAL.
39210 CONTRIBUTION FROM GENERAL FUND
39223 GRANTS
39224 CDGB'05 MOONSTONE GALLERY
39226 UTAH POWER GRANT
39250 CDBG WILLOWS
39351 CDBG CINEMA COURT PROJECT
39352 CDBG 05-06 BALLPARK FENCE
39353 CDBG 06-07 BALLPARK LIGHTS
39354 CDBG 07 BALLPARK BLEACHERS
39355 CDBG 08 WATER LINE
39356 CDBG 09 VIRGINIAN APARTMENTS
39357 LIONS PARK TE GRANT
39358 NORTH CORRIDOR PATH TE GRANT
39359 NPS RTCA GRANT LIONS PARK
39360 LIONS PARK NPS CTTP INTERP GRANT
Total Contributions and transfers
Total Revenue:
Expenditures:
Transfers and contributions out
40090 INCREASE IN FUND BALANCE
Total Transfers and contributions out
Community Development
Community development
40002 TEA-21 UDOT N. CORRIDOR PATHS
40003 CDBG 09 VIRGINIAN APARTMENTS
40004 ROTARY PARK
40005 LIONS PARK TE 2011
40006 NORTH CORRIDOR PATH
40007 LIONS PARK DESIGN
40008 LIONS PARK LAND & WATER CONSERV FUND GRANT
40009 LIONS PARK SCENIC BYWAYS GRANT
40018 CDBG WILLOWS
40019 CDBG 11 CINEMA COURT PROJECT
40020 CDBG 07 BALLPARK BLEACHERS
40021 CDBG 08 WATER LINE
40022 PUBLIC ART
40023 SIGNAGE
40049 CORNER PARK 300 S 400 E
40076 PAYMENT-IN-LIEU/100 W.-P. LOT
40078 SKATE PARK
40084 CDBG '05 MOONSTONE GALLERY
40086 CDBG 02 SUN COURT BBALL
40089 E. CENTER MEDIAN & PARKING
40095 Recreation Center/Playground Equipment
40096 CDBG 05-06 BALLPARK FENCE
40097 CDBG 06-07 BALLPARK LIGHTS
40098 BALLPARK LIGHTING & IMPRVMNTS
40099 200 EAST STREET IMPROVEMENT
Total Community development
Total Community Development
Total Expenditures:
Total Change In Net Position
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
0.00
0.00
0.00
545,825.00
0.00%
$
526,875.00
0.00
542,550.00
0.00
0.00
0.00%
$
41,000.00
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
new
new
new
new
new
$
240,000.00
0.00
0.00
170,113.00
250,000.00
68.05%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
157,763.00
2,705.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
54,150.00
76,800.00
22,200.00
0.00
0.00%
new
new
new
new
new
$
99,000.00
54,150.00
777,113.00
195,018.00
795,825.00
24.51%
$
906,875.00
54,150.00
777,113.00
195,018.00
795,825.00
24.51%
906,875.00
.
00
0.00
0.00
0.00%
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
(160,468.00)
0.00
0.00
0.00%
(2,375.00)
(6,242.00)
0.00
(200,875.00)
0.00%
$ (200,875.00)
0.00
0.00
0.00
(120,000.00)
0.00%
$ (125,000.00)
0.00
0.00
0.00
(15,500.00)
0.00%
(52,560.00)
(52,560.00)
(19,564.00)
(24,450.00)
80.02%
$ (100,000.00)
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
(170,000.00)
0.00%
$ (241,000.00)
new
new
new
new
new
$ (240,000.00)
0.00
0.00
(170,113.00)
(250,000.00)
68.05%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
(5,000.00)
0.00%
0.00
(4,000.00)
0.00
(10,000.00)
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(17,550.00)
(17,550.00)
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(72,485.00)
(240,820.00)
(189,677.00)
(795,825.00)
23.83%
$ (906,875.00)
(72,485.00)
(240,820.00)
(189,677.00)
(795,825.00)
23.83%
(72,485.00)
(240,820.00)
(189,677.00)
(795,825.00)
23.83%
(906,875.00)
(18,335.00)
536,293.00
5,341.00
0.00
0.00%
5/4/2012 Budget Worksheet Wetail pubi hearing 2012.xlsx
Moab City Recorder's Office
Budget Page 15 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
MILLCREEK
Change In Net Position
Revenue:
Intergovernmental revenue
33579 FUTURE GRANTS
33581 UTAH TRAILS/MILCREEK DR PATH - STATE FUNDS
33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FUNDS
33583 UTAH TRAILS 500 W. UNDERPASS
33584 UTAH TRAILS PIPE DREAM TRAIL
33585 FIRE/FUEL/REDUCT/REVEG
Total Intergovernmental revenue
Contributions and transfers
33210 CONTRIBUTION FROM GENERAL FUND
39210 MILLCREEK PROD. FUND/BEG. BAL.
Total Contributions and transfers
Total Revenue:
Expenditures:
Transfers and contributions out
40090 INCREASE IN FUND BALANCE
Total Transfers and contributions out
Millcreek Projects
Millcreek
40002 FIRE/FUEL/REDUCTION/REVEG
40003 MILLCREEK/MAIN STREET- WEIR
40004 UTAH TRAILS 500 W. UNDERPASS
40005 UTAH TRAILS PIPE DREAM
40010 SALARIES
40013 BENEFITS
40031 PROFESSIONAL/TECHNICAL
40035 OTHER
40041 ACQUISITIONS
40048 BMX TRACK
40050 BROWNING ROTARY MUSICAL PLAYGROUND GRANT
40051 BROWNING TRAILS GRANT
40074 SPECIAL PROD: FENCING & IMPROV
40076 TREE EDUCATION/ADVERTISING
40086 TREES/IRRIGATION
40088 UTAH TRAILS MILLCREEK DR PATH
Total Millcreek
Total Millcreek Projects
Total Expenditures:
Total Change In Net Position
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
30,528.93
31,772.30
1,246.08
40,000.00
3.12%
$ 23,000.00
0.00
0.00
0.00
0.00
0.00%
65,000.00
65,000.00
0.00
0.00
0.00%
0.00
50,423.65
0.00
0.00
0.00%
0.00
27,100.00
0.00
0.00
0.00%
0.00
0.00
3,375.47
0.00
0.00%
95,528.93
174,295.95
4,621.55
40,000.00
11.55%
$ 23,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,500.00
14,000.00
17,500.00
0.00%
0.00%
0.00%
7,000.00
21,500.00
28,500.00
95,528.93
174,295.95
4,621.55
57,500.00
8.04
51,500.00
.
00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00
0.00
(3,375.47)
(31,000.00)
10.89%
$ (25,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(9,594.50)
(89,000.56)
0.00
0.00
0.00%
$ -
0.00
(589.75)
0.00
0.00
0.00%
$ -
(23,380.49)
(36,406.07)
(2,915.14)
(8,800.00)
33.13%
$ (14,000.00)
(2,366.11)
(3,684.31)
(295.04)
(1,200.00)
24.59%
$ (2,000.00)
(3,013.92)
(2,233.02)
0.00
(500.00)
0.00%
$ (500.00)
0.00
(100.00)
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
(15.98)
0.00
(1,000.00)
0.00%
0.00
(12,205.85)
0.00
(5,000.00)
0.00%
0.00
(5,000.00)
0.00
(5,000.00)
0.00%
(2,141.62)
(49,296.11)
(1,305.78)
(2,000.00)
65.29%
$ (5,000.00)
(1,000.00)
(1,000.00)
0.00
0.00
0.00%
0.00
0.00
(870.00)
(3,000.00)
29.00%
$ (5,000.00)
(29,500.00)
(29,500.00)
0.00
0.00
0.00%
(70,996.64)
(229,031.65)
(8,761.43)
(57,500.00)
15.24%
$ (51,500.00)
(70,996.64)
(229,031.65)
(8,761.43)
(57,500.00)15.24%
(70,996.64)
(229,031.65)
(8,761.43)
(57,500.00)
15.24%
(51,500.00)
24,532.29
(54,735.70)
(4,139.88)
0.00
0.00%
5/4/2012 Budget WorkshePee t2f ob7Baring 2012.x1sx Moab City Recorder's Office
Budget Page 16 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
CAPITAL PROJECTS
Change In Net Position
Revenue:
Intergovernmental revenue
36124 GRANTS AND DONATIONS
36125 DOG PARK DONATIONS
Total Intergovernmental revenue
Interest
36100 INTEREST INCOME
Total Interest
Miscellaneous revenue
36160 CIB LOAN
36165 PROCEEDS FROM LONG TERM DEBT
36200 ANIMAL SHELTER DONATIONS
36201 TRANS ENHANCE GRANT
36210 CIB GRANT
36220 LEASE REVENUE CITY CENTER
36225 MORTGAGE PRNCPAL OLD CITY HALL
36226 MORTGAGE INTEREST OLD CITY HL
36227 UTAH STATE ENERGY PROGRAM GRANT
36228 UTAH POWER GRANT
36229 FEDERAL HIGHWAY GRANT
36230 LIBRARY CITY CENTER CONTR
36235 CIB LOAN AQUATIC CENTER
36236 CONTRIBUTION FROM REC DISTRICT
36237 DEVELOPER FEES
Total Miscellaneous revenue
Contributions and transfers
39222 TRANSFER FROM GENERAL FUND
39561 CAPITAL PROJECTS FUND BEG. BAL
39562 TRANSFER FROM MUNCIPAL BLDG BOND SETASIDE
Total Contributions and transfers
Total Revenue:
Expenditures:
Public safety
Animal Shelter
79140 ANIMAL SHELTER PROJECT
79141 ANIMAL SHELTER EQUIPMENT
79142 ANIMAL SHELTER FF&E
Total Animal Shelter
Police
79150 POLICE EQUIPMENT
Total Police
Total Public safety
Highways and public improvements
Highways
44072 STREETS/SPECIAL PROD./CONCRETE
44073 NORTH CORRIDOR FRONTAGE ROAD
44074 POWERHOUSE LANE
44075 SEALCOAT
44076 MAIN STREET IMPROVEMENTS
44077 500 WEST/KANE CREEK IMPROVE
44078 TFER TO ROAD IMPROVE SETASIDE
44079 100 NORTH STREET IMPROVEMENTS
44080 TRANSPORTATION MASTER PLAN
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00%
11,555.72
14,173.02
189.05
0.00
0.00%
17,000.00
11,555.72
14,173.02
189.05
0.00
0.00%
17,000.00
0.00
0.00
0.00
0.00
0.00%
$
61,126.99
61,126.99
0.00
125,000.00
0.00%
$
50.00
155.00
25.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
39,578.58
52,727.06
28,624.63
46,800.00
61.16%
$ 53,000.00
9,963.22
488,647.45
0.00
0.00
0.00%
$ -
21,193.08
36,452.93
0.00
0.00
0.00%
$ -
0.00
200,921.31
29,698.30
35,000.00
84.85%
$ -
0.00
0.00
0.00
43,000.00
0.00%
$ 43,000.00
0.00
0.00
0.00
120,000.00
0.00%
$ 120,000.00
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
190,000.00
190,000.00
0.00
191,000.00
0.00%
$ 191,000.00
0.00
0.00
0.00
0.00
0.00%
321,911.87
1,030,030.74
58,347.93
560,800.00
10.40%
$ 407,000.00
0.00
752,450.00
0.00
0.00
0.00%
0.00
0.00
0.00
546,200.00
0.00%
$ 492,900.00
$ 59,000.00
0.00
752,450.00
0.00
546,200.00
0.00%
$ 551,900.00
333, 467.59 1,796,653.76
58,536.98 1,107,000.00 5.29%
0.00
0.00
(22,693.42)
0.00
0.00%
0.00
0.00
0.00
(68,000.00)
0.00%
$ (43,000.00)
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
(22,693.42)
(68,000.00)
33.37%
$ (43,000.00)
$ (124,400.00)
$ (124,400.00)
0.00
0.00
(22,693.42)
(68,000.00)
33.37 %
0.00
0.00
(35,700.71)
(50,000.00)
71.40%
$ (50,000.00)
$ -
$ (105,000.00)
$ (35,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(8,455.20)
(55,543.64)
(975.00)
(35,000.00)
2.79%
$ (120,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
5/4/2012 Budget WorksheNetail glalichearing 2012.xlsx
Moab City Recorder's Office
Budget Page 17 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
44081100 WEST DESIGN
44082 WILLIAMS WAY ROAD RECONSTRUCTION
44083 EQUIPMENT
44084 BARTLETT STREET IMPROVEMENTS
44085 100 NO FROM MAIN TO 100 W IMPROVE
Total Highways
Storm Drainage
42577 STRMWTR DETENTION BASIN PROJ
Total Storm Drainage
Total Highways and public improvements
Parks, recreation, and public property
Parks
78043 SWANNY PARK RESTROOMS
78045 PLAYGROUND EQUIPMENT/IMPROVEMENTS
Total Parks
Recreation
45070 ADA IMPROVEMENTS
Total Recreation
Swimming Pool
47070 AQUATIC CENTER PROJECT
47071 AQUATIC CENTER SET ASIDE
47098 CONTRIBUTION TO CIB ESCROW
Total Swimming Pool
Special Projects
79044 PERFORMANCE GURANTEE DEFAULT IMPROVEMENTS
Total Special Projects
Moab Arts & Recreation Center
46070 ROOF PROJECT
46071 SOLAR PROJECT
46072 MARC BUILDING IMPROVEMENTS
Total Moab Arts & Recreation Center
Total Parks, recreation, and public property
Community and economic development
Community Development
79045 USU SETASIDE
Total Community Development
Senior Assisted Living
79042 MAPS -ASSISTED LIVING PROJECT
79043 IMPACT FEE OFFSET
Total Senior Assisted Living
Total Community and economic development
Transfers and contributions out
40090INCREASE IN FUND BALANCE
81001 TRANSFER TO GENERAL FUND
Total Transfers and contributions out
Municipal Building Authority
Municipal Building
77031 MUNI BLDG PROJECT
77042 PUBLIC BLDG BOND RESERVE
77045 MUNICIPAL BLDG FF&E
77046.1 MUNICIPAL BLDG BOND PMT
ALL REVENUES ARE SHOWN AS POSITIVES
2010-2011
Jan 2011 YTD
Fiscal Year End
2011-2012
Jan 2012 YTD
Annual Budget % Used
2012-2013
Public Hearing
$ (35,000.00)
(285,000.00)
(285,000.00)
0.00
0.00
0.00%
$ -
0.00
0.00
(119,135.79)
(316,000.00)
37.70%
$ (36,500.00)
0.00
0.00
0.00
(55,000.00)
0.00%
$ -
0.00
0.00
0.00
(110,000.00)
0.00%
$
(293,455.20)
(340,543.64)
(155,811.50)
(566,000.00)
27.53%
$ (381,500.00)
.
00
0.00
0.00
0.00%
0.00
0.00
0.00%
(293,455.20)
(340,543.64)
(155,811.50)
(566,000.00)
27.53%
0.00
0.00
0.00
0.00
0.00%
0.00
(12,644.61)
0.00
(40,000.00)
0.00%
$ (80,000.00)
0.00
(12,644.61)
0.00
(40,000.00)
0.00%
(80,000.00)
0.00
0.00
0.00%
0.00
0.00
0.00%
(2,764,194.07)
(4,551,992.33)
(52,215.57)
(68,000.00)
76.79%
$ (15,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
0.00
0.00
0.00
0.00
0.00%
$
(2,764,194.07)
(4,551,992.33)
(52,215.57)
(68,000.00)
76.79%
$ (15,000.00)
(84,634.55)
(151,974.26)
(6,720.07)
(7,000.00)
96.00%
(84,634.55)
(151,974.26)
(6,720.07)
(7,000.00)
96.00%
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
0.00
0.00
0.00%
$
0.00
0.00
(13,893.00)
(20,000.00)
69.47%
$
0.00
0.00
(13,893.00)
(20,000.00)
69.47%
$
(2,848,828.62)
(4,716,611.20)
(72,828.64)
(135,000.00)
53.95 %
.
00
0.00
0.00
0.00%
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
$ (10,000.00)
(68,000.00)
(68,000.00)
(70,000.00)
(69,000.00)
101.45%
$ (71,000.00)
5/4/2012 Budget Worksheet Wetail pubinearing 2012.xlsx
Moab City Recorder's Office
Budget Page 18 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
77046.2 MUNI BLDG BOND INTEREST
77047.1 2009 AQUATIC BOND PMT
77050 TENANT IMPROVEMENTS
77051 CENTER STREET GYM IMPROVEMENTS
77055 CITY HALL SOLAR PHOTO VOLTAIC
77056 DOG PARK
Total Municipal Building
Total Municipal Building Authority
Total Expenditures:
Total Change In Net Position
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
(43,350.00)
(43,350.00)
(41,650.00)
(43,000.00)
96.86%
$ (41,000.00)
0.00
0.00
(191,000.00)
(191,000.00)
100.00%
$ (191,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
$ (19,000.00)
0.00
(195,296.31)
(29,716.29)
(35,000.00)
84.90%
0.00
0.00
0.00
0.00
0.00%
(111,350.00)
(306,646.31)
(332,366.29)
(338,000.00)
98.33%
$ (332,000.00)
(111,350.00)
(306,646.31)
(332,366.29)
(338,000.00)98.33%
(3,253,633.82)
(5,363,801.15)
(583,699.85)
(1,107,000.00)
52.73
$ (975,900.00)
(2,920,166.23)
(3,567,147.39)
(525,162.87)
0.00
0.00%1
$
5/4/2012 Budget Workshee2ob7lBaring 2012.x1sx Moab City Recorder's Office
Budget Page 19 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
ENTERPRISE FUND
Income or Expense
Income From Operations:
Water Operating Income
36300 WATER PENALTIES
36500 SALE OF MATERIALS & SUPPLIES
36900 Water SUNDRY REVENUES
37100 WATER SALES
37120 TAX ON SHOP WATER SALES
37325 Water SPECIAL SERVICES BY CITY DEPARTMENTS
37260 WATER CONNECTION
38600 ALLOWANCE ON DOUBTFUL ACCOUNTS
Total Water Operating Income
Sewer Operating Income
56900 Sewer SUNDRY REVENUE
57300 SEWER SERVICES CHARGES
57325 Sewer SPECIAL SERVICES BY CITY DEPTS
57350 Sewer SPANISH VALLEY SEWER
57440 SEWER CONNECTION
Total Sewer Operating Income
Water Operating expense
50009 Water GENERAL FUND 0/H
50010 Water SALARIES & WAGES
50013 Water EMPLOYEE BENEFITS
50015 Water OVERTIME
50021 Water SUBSCRIPTIONS & MEMBERSHIPS
50023 Water TRAVEL
50024 Water OFFICE EXPENSE & SUPPLIES
50025 Water EQUIPMENT-SUPPL. & MAINTENANCE
50026 Water BUILDING SUPPL. & MAINTENANCE
50027 Water UTILITIES
50028 Water TELEPHONE
50029.1 Water RENT OF PROPERTY & EQUIPMENT
50029.2 Water capital lease expense
50030 Water MONTHLY FUEL- GASCARD
50031 Water PROFESSIONAL & TECH. SERVICES
50033 Water WATER/EDUCATION
50035 Water OTHER
50046 Water SPECIAL DEPARTMENTAL SUPPLIES
50051 Water INSURANCE
50069 Water DEPRECIATION
Total Water Operating expense
Sewer Operating expense
60009 Sewer GENERAL FUND 0/H
60010 Sewer SALARIES & WAGES
60013 Sewer EMPLOYEE BENEFITS
60015 Sewer OVERTIME
60021 Sewer SUBSCRIPTIONS & MEMBERSHIPS
60023 Sewer TRAVEL
60024 Sewer OFFICE EXPENSE & SUPPLIES
60025 Sewer EQUIPMENT SUPPL. & MAINTENANCE
60026 Sewer BUILDING SUPPL. & MAINTENANCE
60027 Sewer UTILITIES
60028 Sewer TELEPHONE
60029 Sewer RENT OF PROPERTY & EQUIPMENT
60030 Sewer MONTHLY FUEL- GAS CARD
60031 Sewer PROFESSIONAL & TECH. SERVICES
60033 Sewer EDUCATION
60035 Sewer OTHER
60046 Sewer SPECIAL DEPARTMENTAL SUPPLIES
60069 Sewer DEPRECIATION
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
2,204.04
3,462.08
1,976.15
2,000.00
98.81%
$ 3,000.00
0.00
34.93
467.12
0.00
0.00%
$ -
925.72
2,201.44
4,986.38
2,000.00
249.32%
$ 3,000.00
335,370.29
507,085.24
329,851.85
530,000.00
62.24%
$ 530,000.00
48.91
(259.54)
(47.32)
200.00
-23.66%
$ -
161.04
161.04
$ -
2,187.98
9,151.46
4,071.30
5,000.00
81.43%
$ 5,000.00
(273.08)
(131.02)
(79.03)
0.00
0.00%
340,463.86
521,544.59
341,226.45
539,200.00
63.28%
$ 541,000.00
29,797.34
44,573.54
34,513.50
50,000.00
69.03%
$ 50,000.00
315,895.55
519,232.65
317,337.51
520,000.00
61.03%
$ 520,000.00
1,226.92
1,226.92
1,804.20
5,000.00
36.08%
$ 3,000.00
88,597.96
151,855.44
90,268.88
149,000.00
60.58%
$ 153,000.00
0.00
670.00
2,887.50
4,000.00
72.19%
$ 4,500.00
435,517.77
717,558.55
446,811.59
728,000.00
61.38%
$ 730,500.00
0.00
(173,000.00)
(1,450.14)
(175,000.00)
0.83%
$ (175,000.00)
(117,410.46)
(194,446.37)
(129,858.43)
(193,000.00)
67.28%
$ (200,160.00)
(72,176.29)
(119,181.63)
(82,127.02)
(142,000.00)
57.84%
$ (146,000.00)
(3,118.82)
(4,724.91)
(2,099.25)
(12,000.00)
17.49%
$ (6,500.00)
(1,769.12)
(2,808.81)
(1,260.56)
(4,800.00)
26.26%
$ (4,000.00)
(1,625.80)
(2,620.54)
(556.20)
(4,800.00)
11.59%
$ (4,000.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(5,841.50)
(12,321.46)
(8,440.61)
(12,500.00)
67.52%
$ (12,500.00)
(927.55)
(960.71)
(223.31)
(13,000.00)
1.72%
$ (3,000.00)
(21,001.38)
(32,617.12)
(20,755.38)
(26,800.00)
77.45%
$ (34,000.00)
(1,154.73)
(1,998.55)
(1,203.85)
(2,500.00)
48.15%
$ (2,500.00)
(2,107.00)
(2,107.00)
(2,107.00)
0.00
0.00%
$ (4,600.00)
0.00
0.00
0.00
0.00
0.00%
$ -
(6,851.68)
(13,121.15)
(6,999.22)
(13,500.00)
51.85%
$ (16,000.00)
(7,083.66)
(10,589.09)
(6,236.27)
(15,500.00)
40.23%
$ (25,500.00)
(1,795.00)
(2,245.00)
(460.00)
(2,800.00)
16.43%
$ (2,800.00)
(385.23)
(509.76)
(431.48)
(1,250.00)
34.52%
$ (1,250.00)
(18,975.86)
(33,875.80)
(14,384.02)
(56,200.00)
25.59%
$ (56,100.00)
(1,560.00)
(1,560.00)
(1,560.00)
(1,560.00)
100.00%
$ (1,560.00)
(111,558.45)
(192,746.63)
0.00
(187,000.00)
0.00%
$ (187,000.00)
(375,181.49)
(801,273.49)
(280,152.74)
(864,210.00)
32.42%
$ (882,470.00)
(350.00)
(192,000.00)
(47.58)
(190,000.00)
0.03%
$ (190,000.00)
(52,074.25)
(81,770.21)
(54,969.84)
(81,500.00)
67.45%
$ (89,400.00)
(32,059.47)
(50,076.22)
(30,743.92)
(54,500.00)
56.41%
$ (60,100.00)
(1,106.30)
(1,608.54)
(889.26)
(1,300.00)
68.40%
$ (1,800.00)
(1,270.09)
(1,042.59)
(353.56)
(1,200.00)
29.46%
$ (1,000.00)
0.00
(288.67)
(347.94)
(750.00)
46.39%
$ (750.00)
(308.38)
(536.04)
(177.89)
(1,000.00)
17.79%
$ (1,000.00)
(19,773.28)
(40,741.07)
(7,069.24)
(26,200.00)
26.98%
$ (31,000.00)
(462.13)
(2,816.24)
(613.05)
(2,500.00)
24.52%
$ (3,000.00)
(24,860.69)
(44,431.27)
(25,958.61)
(41,000.00)
63.31%
$ (45,000.00)
(1,060.99)
(2,003.90)
(1,058.29)
(2,740.00)
38.62%
$ (2,200.00)
(105.00)
(213.75)
(105.00)
(1,000.00)
10.50%
$ (1,500.00)
(1,359.71)
(2,648.15)
(1,398.52)
(2,500.00)
55.94%
$ (3,000.00)
(16,965.51)
(27,181.40)
(17,882.63)
(38,500.00)
46.45%
$ (38,500.00)
0.00
(225.00)
(220.00)
(500.00)
44.00%
$ (500.00)
(1,465.39)
(2,002.18)
(910.29)
(3,500.00)
26.01%
$ (2,500.00)
(16,492.80)
(21,907.46)
(4,016.49)
(31,000.00)
12.96%
$ (29,500.00)
(93,489.51)
(160,306.11)
0.00
(172,000.00)
0.00%
$ (172,000.00)
5/4/2012 Budget Worksheet Wetail pubinearing 2012.xisx
Moab City Recorder's Office
Budget Page 20 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
iption
2010-2011
2011-2012 2012-2013
Total Sewer Operating expense
Total Income From Operations:
Non -Operating Items:
Water Non -operating income
36100INTEREST INCOME
36110 WATER IMPACT FEE INTEREST INCOME
36111 WATER IMPACT FEES
36112 WATER IMPACT FEE BEG F.B.
39535 W/S - BEG. FUND BALANCE
5630 Gain (loss) on asset retirement
5651 Water CONTRIBUTIONS OF ASSETS
Total Water Non -operating income
Sewer Non -operating income
56100 Sewer INTEREST INCOME
56110 SEWER IMPACT FEE INTEREST
56111 SEWER IMPACT FEES
56112 SEWER IMPACT FEE BEG F.B.
56113 SEWER IMPACT FEE FINANCE INTEREST
56860 Sewer Contribution from capital projects
Total Sewer Non -operating income
Water Non -operating expense
50082 Water INTEREST ON BONDS/DEBT SERVICE
50084 Water TRANSFER TO CAPITAL FACILITIES
Total Water Non -operating expense
Sewer Non -operating expense
60082 Sewer INTEREST ON SEWER BONDS
60085 CONTRIBUTION TO EXTENDED CARE FACIL
Total Sewer Non -operating expense
Total Non -Operating Items:
Total Income or Expense
(146 YTD Annual Budget %Used Public Hearing
(263,203.50)1 (631,798.80)1 (146,762.11)I (651,690.00)1 22.52% $ (672,750.00)
137,596.64 I (193,969.15)1
361,123.19 I (248,700.00)1-145.20%1
1,976.76
4,379.13
3,492.34
13,000.00
26.86%
$ 7,500.00
0.00
0.00
0.00
4,000.00
0.00%
$ 4,000.00
8,958.98
13,787.98
6,964.05
5,000.00
139.28%
$ 6,000.00
0.00
0.00
0.00
380,000.00
0.00%
$ 86,000.00
0.00
0.00
0.00
145,500.00
0.00%
$ 356,120.00
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
10,935.74
18,167.11
10,456.39
547,500.00
1.91%
$ 459,620.00
0.00
0.00
0.00
13,000.00
0.00%
$ 7,500.00
1,642.02
1,642.02
0.00
8,000.00
0.00%
$ 1,500.00
16,410.32
49,242.68
41,872.61
5,000.00
837.45%
$ 20,000.00
0.00
0.00
0.00
0.00
0.00%
$ 330,000.00
6,797.59
12,605.13
7,463.30
5,000.00
149.27%
$ 12,600.00
0.00
0.00
0.00
0.00
0.00%
24,849.93
63,489.83
49,335.91
31,000.00
159.15%
$ 371,600.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00%
35,785.67
81,656.94
59,792.30
578,500.00
10.34%
173,382.31
(112,312.21)
420,915.49
329,800.00
127.63%
$ 547,500.00
Jan 2011 YTD Fiscal Year End Jan
5/4/2012 Budget Workshee2ob7lBaring 2012.x1sx Moab City Recorder's Office
Budget Page 21 of 23
MOAB CITY CORPORATION
Run Date: Tuesday, February 21, 2012
Capital Budget
51- 51 Water & Sewer Fund as of 01/31/2012
2012 2013
Description
Budget
Actual
Dept. Request
Recommended
Council Approved
Projects:
$ 350,000.00
$ 350,000.00
$ 350,000.00
Impact Expenditures - Sewer
365,000.00
0.00
Impact Expenditures - Water
15,000.00
0.00
$ 92,000.00
$ 92,000.00
$ 92,000.00
Total Projects:
380,000.00
0.00
$ 442,000.00
$ 442,000.00
$ 442,000.00
Direct Purchase:
1611- Land
0.00
0.00
1615 - Water shares
0.00
0.00
1631- Water wells
0.00
0.00
1641- Water tanks
0.00
0.00
$ 14,000.00
$
$
1642 - Water lines
115,000.00
0.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
1643 - Meters
40,000.00
5,887.00
$ 40,000.00
$ 40,000.00
$ 40,000.00
1651- Sewage treatment facilities
0.00
0.00
1652 - Sewer lines
100,000.00
0.00
$ 220,000.00
$ 220,000.00
1661.1- Equipment - general
0.00
0.00
$ 100,000.00
$ 100,000.00
1661.2 - Equipment - water
53,800.00
32,888.09
$ 69,500.00
$ 4,500.00
$ 4,500.00
1661.3 - Equipment - sewer
243,058.00
243,058.00
$ 30,000.00
$ -
$ -
1665 - Office furniture and equipment
0.00
0.00
1671- Autos and trucks
0.00
0.00
$ 95,000.00
$ 95,000.00
Total Direct Purchase:
551,858.00
281,833.09
$ 158,500.00
$ 464,500.00
$ 464,500.00
$ 600,500.00
$ 906,500.00
$ 906,500.00
Total Capital Requirement:
931,858.00
281,833.09
Long Term Debt Repayment:
1993A BWR Water Revenue
0.00
0.00
Total Long Term Debt Repayment:
0.00
0.00
$ -
$ -
$
$ 600,500.00
$ 906,500.00
$ 906,500.00
Total Capital and Long Term Debt Requirement:
931,858.00
281,833.09
Resources to be Provided:
$ 105,880.39
$ 547,500.00
$ 547,500.00
Net Income
325,700.00
420,915.49
Add Depreciation
359,000.00
0.00
$ 359,000.00
$ 359,000.00
$ 359,000.00
Provided/Required from Operation:
684,700.00
420,915.49
$ 464,880.39
$ 906,500.00
$ 906,500.00
Project Borrowing
0.00
0.00
$ 464,880.39
I $ 906,500.00
I $ 906,500.00
Total Resources to be Provided:
684,700.00
420,915.49
Resource Remaining or to be Provided:
(247,158.00)
139,082.40
Beginning Capital Asset Reserve:
154,540.66
154,540.66
Ending Capital Asset Reserve:
(92,617.34)
293,623.06
5/4/2012 J:\2012\Budget 2012-2013\BudgSt'MARAM Detail Recommended 2012.xlsx Moab City Recorder's Office
Budget Page 22 of 23
ALL EXPENSES ARE SHOWN AS NEGATIVES
ALL REVENUES ARE SHOWN AS POSITIVES
MOAB CITY CORPORATION
Budget Worksheet Detail
As of January 31, 2012
58.33% OF THE FISCAL YEAR HAS EXPIRED
Account # / Description
2010-2011
2011-2012
2012-2013
STORM WATER DRAINAGE FUND
Income From Operations:
Water Operating Income
36450 STORM WATER DRAINAGE FEE
Total Water Operating Income
Water Operating expense
40009 Storm wtr GENERAL FUND O/H
40010 Storm wtr SALARIES & WAGES
40013 Storm wtr EMPLOYEE BENEFITS
40031 Storm wtr PROFESSIONAL & TECH. SERVICES
40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES
40069 Storm wtr DEPRECIATION
40075 Storm wtr SPECIAL PROJECTS
Total Water Operating expense
Total Income From Operations:
Non -Operating Items:
Water Non -operating income
36110 INTEREST INCOME
36112 TFER FROM BEG F.B.
36210 TRANSFER FROM GENERAL FUND
Total Water Non -operating income
Water Non -operating expense
40090 Storm wtr TRANSFER TO SURPLUS FUND BAL.
Total Water Non -operating expense
Total Non -Operating Items:
Total Income or Expense
Jan 2011 YTD
Fiscal Year End
Jan 2012 YTD
Annual Budget % Used
Public Hearing
78,007.00
136,106.06
81,197.00
132,000.00
61.51%
$ 142,000.00
78,007.00
136,106.06
81,197.00
132,000.00
61.51%
142,000.00
0.00
(25,000.00)
0.00
(45,000.00)
0.00%
$ (45,000.00)
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(274.17)
(274.17)
0.00
0.00
0.00%
0.00
0.00
0.00
0.00
0.00%
(6,999.00)
(6,999.00)
0.00
(40,000.00)
0.00%
$ (40,000.00)
(7,273.17)
(32,273.17)
0.00
(85,000.00)
0.00%
$ (85,000.00)
70,733.83
103,832.89
81,197.00
47,000.00
172.76%
0.00
0.00
0.00
4,000.00
0.00%
$ 4,000.00
0.00
0.00
0.00
294,000.00
0.00%
$ 239,000.00
0.00
0.00
0.00
30,000.00
0.00%
0.00
0.00
0.00
328,000.00
0.00%
$ 243,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
0.00%
0.00 I 0.00
328,000.00
0.00%
70,733.83
103,832.89
81,197.00
375,000.00
21.65 %
S
300,000.00
5/4/2012 Budget WorkshePee3oblBaring 2012.x1sx Moab City Recorder's Office
Budget Page 23 of 23
MOAB CITY CORPORATION
Run Date: Tuesday, February 21, 2012
Capital Budget
53 - 53 Storm Water Utility fund as of 01/31/2012
2012 2013
Description
Budget
Actual
Dept. Request
Recommended
Council Approved
Projects:
$ 300,000.00
$ 300,000.00
STEWART CANYON DESIGN
375,000.00
4,243.50
Total Projects:
375,000.00
4,243.50
$ -
$ 300,000.00
$ 300,000.00
$ 300,000.00
$ 300,000.00
Direct Purchase:
$ -
Total Direct Purchase:
0.00
0.00
$ -
$ 300,000.00 I $ 300,000.00
Total Capital Requirement:
375,000.00
4,243.50
I $ -
Long Term Debt Repayment:
$ -
$ -
Total Long Term Debt Repayment:
0.00
0.00
$ - I $ 300,000.00 I $ 300,000.00
Total Capital and Long Term Debt Requirement:
375,000.00
4,243.50
$ 300,000.00
$ 300,000.00
Resources to be Provided:
Net Income
375,000.00
81,197.00
Add Depreciation
0.00
0.00
Provided/Required from Operation:
375,000.00
81,197.00
$ 300,000.00
$ 300,000.00
0
$ 81,197.00
Project Borrowing
0
$ 375,000.00
$ -
$ 300,000.00 $ 300,000.00
Total Resources to be Provided:
$ -
$ 76,953.50
$ - $ 300,000.00 $ 300,000.00
Resource Remaining or to be Provided:
Beginning Capital Asset Reserve: $ 253,282.00
$ 253,282.00
Ending Capital Asset Reserve: $ 253,282.00
$ 330,235.50
5/4/2012 J:\2012\Budget 2012-2013\BuOtAftsiget Detail Recommended 2012.xlsx Moab City Recorder's Office
To the City Council of Moab:
My name is Kathy Randall, writing as Chair person and
representative of the Moab Relay for Life, a cancer fund raising
organization.
We are hosting two special events this year, the Ducky Derby on
May 19, 2012 at the Rotary Park and the Relay For Life on Aug.
10-11, 2012 at the Grand County High School track field.
In order to ensure the utmost success in our efforts to raise money
for our cause, we ask that you waive our licensing fees for these
events. The less money we have to spend the more money can go
to those who are fighting cancer.
Thank you very much for your time.
Sincerely,
Kathy Randall
Page 33 of 150
Gmail - Fwd: message from city website 5/9/12 4:26 AM
bytkxxle
ail
Fwd: message from city website
Rachel Stenta arachel.moab@gmail.com>
Kirstin Peterson <kirstin.m.p@gmail.com> Wed, May 9, 2012 at 10:24 AM
To: Rachel Stenta <rachel.moab@gmail.com>
Rachel, Have you heard from this gal? If not I can email her your contact info or maybe you can contact her.
Thanks, Kirstin
-------- Forwarded message ------
From: <no-reply@moabcity.org>
Date: Tue, May 8, 2012 at 8:44 PM
Subject: message from city website
To: kirstin.m.p@gmail.com
Do not reply to this address!
The following information was submitted via the city website:
Message: Dear City Council Members,
My name is Amy Herzog and I am the events coordinator for Utah`s Largest Off Roading Forum,
www.rockymountainextreme.com, Each year we have a BBQ during memorial weekend where we raise money to donate
to a club that keeps our trails clean, works with the county to keep them open, and keeps up with signs to make sure
people stay on the trail. As you know this takes a lot of time to make sure we keep our trails open so all families can
have a good time in Moab.
This is our 6th year doing this BBQ. I am requesting for an amplified permit to allow one of our bands to play during the
day. They are called the Winglets and they play 50`s, 60`s, 70`s, 80`s and 90`s cover band music. Mostly country and
Beach Boys type music.
We have the park reserved for Saturday May 26th 2012 from noon-10pm. We expect to have 75 people attend the event.
I hope you take us into consideration for this event as we help raise money for the group of the year that works the
Hard as to Fcaav vur fired is ...pan I'
IF you F.Etvo any vuAstivnls or Cor.coma. IaloE.so call mg. �.Y: 43'S-BSn. nn7 e3 ar ®mall ma amy (;:traoley mou otal rm. tr®mma. oo.+�
Tna r, le you.
Amy Harxoy
Go.'.iact Ir.ilc.-.-r. at Ions
N�rn CO: srmv 1-te. oCI
Em awl 1: amy 4;2 roc Fcymou rrt na xt ra ma. corn
fiAAreassI' ry way
GiLy: Mal rtie.
Stara Ll^r
F PB4,4Se..4.. Lrt.1.. 3',33aF.ew37.04, e•
Page 34 of 150
6-2
City of Moab
Planning and Zoning Department
Correspondence
PL-12-67
May 17, 2012
To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of the Jones 1 Subdivision, a Petition to Vacate, Alter or
Amend a Subdivision Plat for 594-598 Doc Allen Drive in the R-2
Zone as Submitted by Brandon Jones on Behalf of Richard
Beckstrand
Background
Mr. Beckstrand has applied to divide Lot 3 of the Allen Subdivision for construction of a
twin home. This division will create Lot 3-A with 5,393 square feet and Lot 3-B with 5,392
square feet. The property is owned by a single owner and the lots satisfy the
dimensional requirements of the R-2 Zone.
Discussion
The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a
subdivision plat to be amended without a public hearing before the Land Use Authority if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(h) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are
located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjacent property owners in accordance with any
applicable local ordinance.
(3) Each request to vacate or amend a plat that contains a request to vacate or
amend a public street, right-of-way, or easement is also subject to Section 10-9a-
609.5.
Page 35 of 150
City Council
Jones 1 Subdivision
May 17, 2012
2
(4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
This requested subdivision meets the applicable requirements listed in state law and
Moab Municipal Code.
p:\planning deportment \2012\correspondence\p1-12-67 cc jones 1 sub.docz
Page 36 of 150
Jones 1 Subdivision
We intend to build twin homes on the current lot and are subdividing this lot so that we can build them.
Page 37 of 150
(9
-3
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
Applicant:ROW/Y-0? &ak-Sil'alad Phone: 4"0 7 72 z
UT
Mailing Address: 63;2 50 gc7Co e 4� (��j gnf tE-mail: itopkitiS@, kethilfavriconi
Size of Properties: / �r
Location of Affected Properties: OCe- 7 -/5 i C6G 44e4 OA
itica to t,CT el5 3 2_
A short narrative describing the reason for the amendment is required and is part of a complete
application, Failure to submit a narrative will delay review of the application,
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. r 58q a.
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
i. Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
v. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the Grand
County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
Page 38 of 150
u �3
Phi 1 I ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Stenta Date
OWNERS:
Date
Date
State of )
§
County of )
On the day of , personally appeared before me
(name of owner(s))
, who duly acknowledged to me that they executed the same.
My Commission Expires:
OWNERS:
Notary Public
Residing in
PEIL i ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
Date
State of � )
County of Gal7- L0(f-e, )
On the Ma day of i �dio: personally appeared before me . t CGi(1a-YGt N .
(name of owner(S))
T3eG(4'o.vrf
, who duly acknowledged to me that they executed the same.
ivotary Public
My Commission Expires: g'l'f /040/a Residing inc-1-- �ie
MISTI MILNER
NOTARY PUBLJC - STATE OF UTAH
Commission No. 574746
My Comm. Exp. 08/19/2012
p:\planning department \forms\misc. applications \petition to amend a subdivision plat.dao
CO utlze,.
Page 40 of 150
iiiliFDIVISION
ONES 1
J
A SUBDIVISION OF LOTS 2, 3 & 4 OF ALLEN SUBDIVISION. __
WITHIN SECTION 12,TT 28 S, R 21 E, SUM, MOAB CITY, GRAND COUNTY, UTAH
TrfafR u
>< t
GRAPHIC SCALE
(■ TBfE I
f Yd lA R
ROM 1/4 C0119311210111
rams mom Norm Nommin)
Page 41 of 150
LEGEND
• COWL LOT 001001 NUM ILIOM*0N
• PR00 =MY summits Fri N CONGER MORON
O UT we ARM INN BABB W vs fMLKY
SURVEYOR'S CERTIFICATE
I. TIMOTHY M. KEOGH. DO HEREBY CERTIFY MAT I AM A REMISED
UTAH LAND SURVEYOR, AMD THAT 1 HOLD CERTIFICATE NO
PRESCRIBED UNDER RE LAYS Cr THE STATE OF U' HAVE µDA I A RER
CERNY THAT UNDER AUTHORITY OF
� µD OESE
VEY
OF TIE TRACT OF LAND SHOWN
SELO% AND
HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS. HERE -
KNOW AS
NDTHRTAOT SAME HAS ST
GROUND AS SHOWN ON THIS PLAT.
BOUNDARY DESCRIPTION
COMM LA1101 BIIM1 LOT i CP PILD1 f[011011 1L T N f, R 31 i
111111LAiK rM110.1ARLY moon AS MUMS
ME▪ �IOTNK 11.11, 11 2 p BA�LLLONO P1100{mM0 =Kt iuwO 1i7� t11K fr
▪ OA DN /071Y7y�p� Ita'��jAp Ot00Vw 1•AM10
IPACN1RON AID= 11 471471 11010 PT. 10 St PONT
1Lf6 I MIN 11014 CS Lift.
MAY 2. 2012
DATE
OWNERS DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT—, THE UNDERSONED
OVINE ) CF THE ABOVE °ESC R W TRACT OF LAND, HAVING CAUSED
SAME KNOW � MDEO INTO LOTS ANO STREETS MEEAFIFR TO BE
JONES 1 SIJSDMSION
OF HEREBY DEDICATE LAND SHOWN ON THISPLATPLAT AS INTENDED FOR PUBLIC USE. USE OF IKE PUBUC NI PARCELS
IN WETNESS WHEREOF HAVE HEREUNTO SET �—
OAY OFA.D., 20
RIDiAR0 N. SECKSTRAND
ACKNOWLEDGMENT
STATE
OF
COS.S.
ON TIE —DAY Cr A.D., 20---PERSOHMIY
APPEARED BEFEWE ME
PRAND O�VVO)( TO ME ON THE BASS OF SATISFACTORY �TRUMENT
�
THE AND A�CKNOW ES'TDOEONO THAT
E(AT His)(SHEEXECUTED THE SAME
594 & 598
Doc Allen Dr
0 12.5 25
1 inch = 40 feet
50
75
100
Feet
inf2,
City of Moab
Planning and Zoning Department
Correspondence
May 17, 2012
To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of The HaiDust Subdivision #2, a Petition to Vacate,
Alter or Amend a Subdivision Plat for 532 Doc Allen Drive in the
R-2 Zone as Submitted by Brandon Jones on Behalf of Richard
Beckstrand
Background
Mr. Beckstrand has applied to divide the above mentioned property into two separate
lots. This division will be in preparation for future development and will create Lot 10-B
with 4,991 square feet and Lot 10-C with 7,200 square feet. The property is owned by a
single owner and the lots satisfy the dimensional requirements of the R-2 Zone.
Discussion
The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a
subdivision plat to be amended without a public hearing before the Land Use Authority if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are
located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjacent property owners in accordance with any
applicable local ordinance.
(3) Each request to vacate or amend a plat that contains a request to vacate or
amend a public street, right-of-way, or easement is also subject to Section 10-9a-
609.5.
Page 43 of 150
(,-
City Council
Haidust Subdivision 2
May 17, 2012
(4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
2
This requested subdivision meets the applicable requirements of state law as well as the
Moab Municipal Code.
p:\planning department\21:1I2\correspondence\p1-12-66 cc haidust 2.docx
Page 44 of 150
HaiDust Subdivision 2
We are subdividing this lot so that we can sell the home at 532 Doc Allen Drive. Currently, that sale
would involve surplus land that we would like to build on.
Page 45 of 150
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. q 68a 3
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State �Co/de 10-9a-608(2)(a)
Applicant: A'cl/1-cuel igep-�5Y-rein Phone: WI-q7 !,
-772 2
Mailing Address: 6322 50 600 r sl - /2-0/ i.2l E-mail: 571-e i 1.of.►ki"1-3 6echinif cowl
Size of Properties: ,�j
Location of Affected Properties: c) 5, Qa� 41� �11 �-i, a io UT g GfJ
532
A short narrative describing the reason for the amendment is required and is part of a complete
application. Failure to submit a narrative will delay review of the application.
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
i. Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
v. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the Grand
County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
Page 46 of 150
PE i 1 i lON TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Stenta Date
OWNERS:
Date
Date
State of )
§
County of )
On the day of , personally appeared before me
(name of owner(s))
, who duly acknowledged to me that they executed the same.
My Commission Expires:
OWNERS:
Notary Public
Residing in
Page 47 of 150
PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
Date
State of t,G4-601 )
County of &.1-1-% )
On the Si1(1 day of MaAi j 0 ID-, personally appeared before me Rfc,Pavoi .
(name of owner(s))
Beasfrx-Id
, who duly acknowledged to me that they executed the same.
otary Pub
My Commission Expires: 4i Ici (a.)0, Residing in - — Late Co (Ady
MISTI MILNER
NOTARY PUBLIC - STATE OF UTAH
Commission No. 574746
My Comm. Exp. 08/19/2012
p:\planning department \forms\misc. applications\petition to amend a subdivision platdoc
Page 48 of 150
Lrif
OR OOOO 6T101 1.
MO OCR° mum
GRAPHIC SCALE
a A
(ARIR)
E9111.10 EL
h
A FINAL PLAT OF
HaiDust SUBDIVISION #2
A SUBDIVISION OF LOT 10-8 OF HOIDUST SUBDIVISION,
WITHIN THE SW1/4 SECTION 1 & THE NWI/4 SECTION 12, T 28 S, R 21 E, SLR, MOAB OTY, 120 2 COUNTY, UTAH
LEGEND
• MONAL LT Co1MO PARR NW
• ►PAD COUNTY E11111 001 P/E E1 comps ~err
r
• ET Pr ROAR WM RAM O CM ME LANKY
p 1
\ `.
` 4,
/J \
` LOT 10-A\
HoiDUST SUS11.`
`•
a 'b `�
2 /
LOT 11
UOEIP
•AWL O MAIMS - L•e OF • ORR I.A• 111110.
D
R.
O4cooms 0lFsr I
Page 49 of 150
SURVEYOR'S CERTIFICATE
L TIMOTHY IL KWH . �� I HI CERTIFY
THAT
IFATGITA N REGISTERED S
UTAH LAND SURVEYOR
PRIED UNDER THE LAMB Of THE STATE Of UM, AND 1 FURTHER
CERTIFY THAT taw AUTHORITY Of THE MINKS, I HAVE MADE A SURVEY
Cf THE TRACT OF LAND SHORN ON THIS PLAT AND DESCRIBED BELOW, AND
HAVE SU801NDED SAID TRACT Cf H�dH O L IN5AND (STREETS, HOW-
A�THT T SAME HAS BEBE KNORR AS EN CTLY SURVEYED ^^� STF ON ME
GROUND AS SHOWN CM 111E PLAT.
BOUNDARY DESCRIPTION
p[Apl/not or LaAms Arno 10300111 1 fi dl'•ttl IL WA MOM SUM
OM, S
_
COAT( UT*. M01E ►ANTOJLMLY 0049.
B(1•••10 AT Me RN WSW O LOT 404 Cr RCMP 1M11(1M10N. SAM COM
RA11E i R1100oE 1230111 OOY Ne M• PROSOING TWICE Mcow GM 1[+L OLY��MOF
R ALLY1�. I W ��OT��U)�II�1Kp 10 ITC INT m MLR R&a R VAC IZ �K IWWA 01010 KCVO MO
N
FT. 10 K MIM01 YA LOT 10MO.0TTO M WMLOT t TR EAOICE N ST WE OF WO WI We
I Vir001101111, MR swoTHOM p. NEEgoo ova TNOICY iao�r0p0►O 10111 FT. i NCI aa.a
70.FL /1OIC�E 1191 q R-0-9 ALM M MC Cf A MOO rt. RAOAM��EIK�
MOM WO IT. 0140 wire NM A 01010 !EAR RATS • I12013211 MUFTI
lemOt N 009234% 030E R. TO A COMM TIME N oronevo ELT R. TO It
PORT O' 11714.10 MO COMMA 1LIO N. RT, WON OR LAL
MAY 7, 2012
DATE 1110TNY M.
OWNERS DEDICATION
KNOW ALL MEN BY THESE P1ESD4TS THAT
OF L� HAVING CAUSED
lAmEDERSIONED
TO MOWED OF THE ABOVE coma A L
p�10MN AS 1SU8gHENDED SRTO LOTS AND STREETS HEREAFTER TO K
HalDust SUBDIVISION #tia
CrDO MEV CEDICATE FOR AL USE Cr PUBUC AU.
LAND OWN NO/HS PLAT AS NMCO FCR PUBLIC USE PARCELS
N WINOS WHEREOF HAVE HEREUNTO SET
DAY Cr— AA., 20
RICHARD N. BECKSTRAND
ACKNOWLEDGMENT
THIS
STATE OF UTAH
COUNTY OF LS.
ON THE —DAY Cr AA.. 20--PERSONALLY
APPEARED oRE ME
AND PROVEDDTT0O ME ON THE BASIS (OAF SATISFACTORY DOME TO BE
AND PERSON(s MNOSE NAIADS) IS (ARO_ SUBSCRIBED
EliE THE S�OISTRUMENT.
MY CC1/MIsSOON EXPOSES
RE4DDIINO�DIC
P4 COUNTY
PREPARED SY
KEOGH LAND SURVEYING
45 EAST CENTER srgarr
DATE:.AILY 20, MI
CRAMN BY: NH CHECKED BY; TMK
MAYORS APPROVAL
PRESENTED TO PE MOAB OTY 12.1. SUB0INSIOH
pits _DAY OF AD. 30
WAS ACCEPTED AND APPROVED.
ATTEST
COUNTY RECORDER NO.
STATE OF UTAH, CO. CF . RECORDED AT 114E REQUEST Cr
DATE —.114E BOOK — PAGE —FEE —
COUNTY RECORDER
534
Doc Allen Dr
0 12.5 25
N
1 inch = 40 feet
50
75
100
Feet
in-4
City of Moab
Planning and Zoning Department
Correspondence
Pld2.64
May 17, 2012
To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of Desert Moon Holdings Subdivision, a Petition to
Vacate, Alter or Amend a Subdivision Plat in the C-3 Zone at 59-
65 East Center Street as Submitted by Dexter Morse of Desert
Moon Holdings, LLC
Background
Mr. Morse has applied to divide the above mentioned property into two separate lots.
This division will be in preparation for future development and will create Lot 1 with 4,536
square feet and Lot 2 with 13,019 square feet. Parking for both lots and access to Lot 2
will be provided on Lot 2 within the overlaying easement as shown on the plat.
The property is owned by Desert Moon Holdings and the lots satisfy the dimensional
requirements of the C-3 Zone.
Discussion
The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a
subdivision plat to be amended without a public hearing before the Land Use Authority if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(h) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are
located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjacent property owners in accordance with any
applicable local ordinance.
Page 51 of 150
5
City Council
Desert Moon Subdivision
May 17, 20I2
2
amend a public street, right-of-way, or easement is also subject to Section 10-9a-
609.5.
(4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
This requested subdivision meets the applicable requirements listed in state law as well
as the Moab Municipal Code provisions.
p:\planning department\2012\correspondence\p1-12-64 cc desert moon bla.docx
Page 52 of 150
y
May 14, 2012
To: Moab City Council
Moab City Planning Office
RE: Lot Split 59-65 E. Center St.
Greetings:
Pursuant to the requirements set forth in the application for a lot split in the City of Moab, this
memo is to state the reason and proposed use for the requested lot split.
Desert Moon Holdings, LLC (Dexter A. Morse) owner of the property known as 59-65 E. Center
Street as shown on the attach plat is desirous of splitting the property into two separate lots. The
reason for this Lot split is to create two separate ownership entities for the completion of
development of the site.
Lot 1 which presently has an approximately 3000 sq ft building on the land will retain its present
building configuration and a small approximately 10' strip of land on its north side. This lot will
retain its current configuration and state.
Lot 2 will comprise the remainder of the land on the orignal plat. In between Lots 1 and 2 and
adjacent to Lot 1 the current driveway will become a common driveway for both Lots 1 and 2.
North of the current building (proposed Lot 1), Lot 2 will consist of a parking easement and
building to be developed such that both Lots 1 and 2 have access to the parking area as well as a
perpetual easement in the case of Lot 1, for parking on this land.
Lot 2 will then be transferred into another entity of which Dexter A. Morse will hold the majority
interest. This entity will be the owner of a new building to be built, the application process of
which will commence soon after the approval of this lot split. In an attempt to create in -fill
lodging in the City Center this proposed building will be comprised of five approximately 1200
sq. ft. dwelling units to be rented nightly/weekly as per zoning for the area and will have parking
and amenities suitable for snob use.
Your positive action on this lot split application is duly appreciated.
Respectfully,
)64-'4-- 4- o-?i'�- (-
Dexter A. Morse, Manager
Desert Moon Holdings, LLC
Page 53 of 150
May 14, 2012
To: Moab City Council
Moab City Planning Office
RE: Lot Split 59-65 E. Center St.
Greetings:
Pursuant to the requirements set forth in the application for a lot split in the City of Moab, this
memo is to state the reason and proposed use for the requested lot split.
Desert Moon Holdings, LLC (Dexter A. Morse) owner of the property known as 59-65 E. Center
Street as shown on the attach plat is desirous of splitting the property into two separate lots. The
reason for this Lot split is to create two separate ownership entities for the completion of
development of the site:
Lot 1 which presently has an approximately 3000 sq ft building on the land will retain its present
building configuration and a small approximately 10' strip of land on its north side. This lot will
retain its current configuration and state.
Lot 2 will comprise the remainder of the land on the original plat. In between Lots 1 and 2 and
adjacent to Lot 1 the current driveway will become a common driveway for both Lots 1 and 2.
North of the current building (proposed Lot 1), Lot 2 will consist of a parking easement and
building to be developed such that both Lots 1 and 2 have access to the parking area as well as a
perpetual easement in the case of Lot 1, for parking on this land.
Lot 2 will then be transferred into another entity of which Dexter A. Morse will hold the majority
interest. This entity will be the owner of a new building to be built, the application process of
which will commence soon after the approval of this lot split. In an attempt to create in -fill
lodging in the City Center this proposed building will be comprised of five approximately 1200
sq. ft. dwelling units to be rented nightly/weekly as per zoning for the area and will have parking
and amenities suitable for sneh use.
Your positive action on this lot split application is duly appreciated.
Respectfully,
x-�✓ 4-
Dexter A. Morse, Manager
Desert Moon Holdings, LLC
Page 54 of 150
t
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
&L G
Applicant;, efzT W1 to >„r i-4-eLJtN45 Phone: �� s , ZClv
_DexTE--e_ /9- , /'ice o ,rzS�-
Mailing Address: �� ,�'nx �r.;7 rYtaA--8 E-mail: -tryly C� aititr,% , tta
Size of Properties: Lt-r- I - zj5534, so Gv z. f3,orq 54 c=-r
Location of Affected Properties:S-7-
A short narrative describing the reason for the amendment is required and is part of complete
application, Failure to submit a narrative will delay review of the application.
Fee - $100.00 plus $25.00 per
amended lot or unit.
/ Receipt No. S % cl'Y
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
i. Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
v. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the Grand
County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
Page 55 of 150
o-�
PE I 1 i 10N TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Stenta Date
OWNERS:
Date
Date
State of )
§
County of )
On the day of , personally appeared before me
(name of owner(s))
, who duly acknowledged to me that they executed the same.
My Commission Expires:
OWNERS:
Notary Public
Residing in
Page 56 of 150
Date
PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
Date
State of )
§
County of )
On the day of , personally appeared before me
(name of owner(s))
, who duly acknowledged to me that they executed the same.
My Commission Expires:
p:\planning department\forms \misc. applications\petition to amend a subdivision plat.doc
Notary Public
Residing in
Page 57 of 150
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G R A P H I C S C A L E
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f a F O L I O M N B T N 4 4 1 I M P O R T = N R
A I 0 0 1 0 P K N A L T R W W O W I N C W =
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RESOLUTION #09-2012
A RESOLUTION ADOPTING THE CITY OF MOAB HEALTH SAVINGS ACCOUNT PLAN AND
SUMMARY PLAN DESCRIPTION DOCUMENTS
WHEREAS, the City of Moab is desirous of offering a Health Savings Account to our classified
employees and elected officials; and
WHEREAS, Health Savings Account Plans and Summary Plan Description Documents (referred to
as the "Plan") should be approved by the Governing Body;
NOW, THEREFORE, we, the Governing Body of the City of Moab do herby resolve the following:
RESOLVED, that the form of amended Health Savings Account effective June 1, 2012,
presented to this meeting is hereby approved and adopted and that the proper officers of the
Corporation are hereby authorized and directed to execute and deliver to the Administrator
of the Plan one or more counterparts of the Plan.
RESOLVED, that the Administrator shall be instructed to take such actions that are
deemed necessary and proper in order to implement the Plan, and to set up adequate
accounting and administrative procedures to provide benefits under the Plan.
RESOLVED, that the proper officers of the Corporation shall act as soon as possible to notify
the employees of the Corporation of the adoption of the Health Savings Account Plan by
delivering to each employee a copy of the summary description of the Plan in the form of the
Summary Plan Description presented to this meeting, which form is hereby approved.
The undersigned further certifies that attached hereto are true copies of the
Health Savings Account Plan as amended and restated and the Summary Plan Description
approved and adopted in the foregoing resolutions.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
22nd day of May, 2012.
ATTEST:
Rachel E. Stenta
City Recorder
By:
David L. Sakrison
Mayor
Resolution #09-2012
Page 60 of 150
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MOAB CITY CORPORATION HEALTH SAVINGS ACCOUNT
Page 61 of 150
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TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
PARTICIPATION
2.1 ELIGIBILITY 6
2.2 EFFECTIVE DATE OF PARTICIPATION 6
2.3 TERMINATION OF PARTICIPATION 7
2.4 CHANGE OF EMPLOYMENT STATUS 7
2.5 TERMINATION OF EMPLOYMENT 7
ARTICLE III
CONTRIBUTIONS TO THE PLAN
3.1 SALARY REDIRECTION 7
3.2 APPLICATION OF CONTRIBUTIONS 8
3.3 PERIODIC CONTRIBUTIONS 8
ARTICLE IV
HEALTH SAVINGS ACCOUNT
4.1 LIMITATION ON CONTRIBUTIONS 8
4.2 CATCH-UP CONTRIBUTIONS 8
4.3 EXCESS CONTRIBUTION 8
4.4 CLAIMS 9
4.5 QUALIFIED MEDICAL EXPENSES 9
4.6 RESPONSIBILITY OF PARTICIPANT 9
4.7 RESPONSIBILITY OF EMPLOYER 10
4.8 VESTING 10
4.9 DISTRIBUTIONS UPON DEATH 10
4.10 DESIGNATION OF BENEFICIARY 10
4.11 COORDINATION WITH CAFETERIA PLAN 10
4.12 COORDINATION WITH HEALTH REIMBURSEMENT ACCOUNT 11
4.13 USE OF DEBIT CARDS 11
4.14 ESTABLISHMENT OF TRUST 11
4.15 ACCEPTABLE INVESTMENTS 11
4.16 RESPONSIBILITIES OF TRUSTEE 12
4.17 RESPONSIBILITY OF PARTICIPANT 12
4.18 RIGHTS AND RESPONSIBILITIES OF DESIGNATED BENEFICIARY 12
4.19 TAXES 12
4.20 PROHIBITED TRANSACTIONS 13
4.21 EXCLUSIVE BENEFIT 13
4.22 LIMITATIONS AND RESTRICTIONS 13
4.23 LIMITATION ON ROLLOVERS 13
4.24 HEALTH SAVINGS ACCOUNT COORDINATION WITH COBRA AND ERISA 13
Page 62 of 150
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ARTICLE V
ADMINISTRATION
5.1 PLAN ADMINISTRATION 13
5.2 EXAMINATION OF RECORDS 14
5.3 PAYMENT OF EXPENSES 14
5.4 INSURANCE CONTROL CLAUSE 14
5.5 INDEMNIFICATION OF ADMINISTRATOR 14
ARTICLE VI
AMENDMENT OR TERMINATION OF PLAN
6.1 AMENDMENT 15
6.2 TERMINATION 15
6.3 AMENDMENT OR TERMINATION OF HEALTH SAVINGS ACCOUNT 15
ARTICLE VII
MISCELLANEOUS
7.1 PLAN INTERPRETATION 15
7.2 GENDER AND NUMBER 16
7.3 NO GUARANTEE OF TAX CONSEQUENCES 16
7.4 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS 16
7.5 COORDINATION AMONGST PLANS 16
7.6 FUNDING 16
7.7 GOVERNING LAW 17
7.8 SEVERABILITY 17
7.9 CAPTIONS 17
7.10 FAMILY AND MEDICAL LEAVE ACT (FMLA) 17
7.11 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) 17
Page 63 of 150
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MOAB CITY CORPORATION HEALTH SAVINGS ACCOUNT
INTRODUCTION
The Employer has adopted this Plan to recognize the contribution made to the Employer
by its Employees. Its purpose is to reward them by providing benefits for those Employees who shall
qualify hereunder. The concept of this Plan is to allow Employees to make a tax-free withdrawal to pay
for out-of-pocket medical, dental and vision expenses incurred by them and their dependents. The Plan
shall be known as Moab City Corporation Health Savings Account (the "Plan").
The intention of the Employer is that this Plan is intended to qualify as a Cafeteria Plan
under Code §125, and is to be interpreted in a manner consistent with the requirements of that Section.
The Plan is also intended to qualify as a "Health Savings Account" under Code §223, and is to be
interpreted in a manner consistent with the requirements of that Section.
This Plan has been established for the exclusive benefit of the Participants and their beneficiaries.
ARTICLE I
DEFINITIONS
1.1 "Administrator" means the individual(s) or corporation appointed by the Employer to
carry out the administration of the Plan. The Employer shall be empowered to appoint and remove the
Administrator from time to time as it deems necessary for the proper administration of the Plan. In the
event the Administrator has not been appointed, or resigns from a prior appointment, the Employer shall
be deemed to be the Administrator.
1.2 "Affiliated Employer" means the Employer and any corporation which is a member of a
controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any
trade or business (whether or not incorporated) which is under common control (as defined in Code
Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of
an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any
other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code
Section 414(o).
1.3 "Benefit" or "Benefit Options" means any of the optional benefit choices available to a
Participant as outlined in Section 4.1.
1.4 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to
time.
1.5 "Compensation" means the amounts received by the Participant from the Employer
during a Plan Year.
1.6 "Dependent" means any individual who qualifies as a dependent under an Insurance
Contract for purposes of that Contract under Code Section 152 (as modified by Code Section 105(b)). Any
child of a Plan Participant who is determined to be an alternate recipient under a qualified medical child
support order under ERISA Sec. 609 shall be considered a Dependent under this Plan.
Notwithstanding anything in the Plan to the contrary, a Participant's Child may remain
on the Plan until the end of the calendar year in which the dependent attains age 26. A Participant's
"Child" includes his natural child, and adopted child, or a child placed with the Employee for adoption.
It may also include step children and/or foster children if elected on the Adoption Agreement. A
Page 6A of 150
6-6
Participant's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to
student status, marital status, financial dependency or residency status with the Employee or any other
person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar
year.
The phrase "placed for adoption" refers to a child whom the Employee intends to adopt,
whether or not the adoption has become final, who has not attained the age of 18 as of the date of such
placement for adoption. The term "placed" means the assumption and retention by such Employee of a
legal obligation for total or partial support of the child in anticipation of adoption of the child. The child
must be available for adoption and the legal process must have commenced.
1.7 "Effective Date" means June 1, 2012.
1.8 "Election Period" means the period immediately preceding the beginning of each Plan
Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory
basis for all Employees and Participants. However, an Employee's initial Election Period shall be
determined pursuant to Section 5.1.
1.9 "Eligible Employee" means any Employee who has satisfied the provisions of Section
2.1.
An individual shall not be an "Eligible Employee" if such individual is not reported on
the payroll records of the Employer as a common law employee. In particular, it is expressly intended
that individuals not treated as common law employees by the Employer on its payroll records are not
"Eligible Employees" and are excluded from Plan participation even if a court or administrative agency
determines that such individuals are common law employees and not independent contractors.
However, any Employee who is a "part-time" Employee shall not be eligible to
participate in this Plan. A "part-time" Employee is any Employee who works, or is expected to work on a
regular basis, less than 30 hours a week and is designated as a part-time Employee on the Employer's
personnel records.
1.10 "Eligible Individual" The term "Eligible Individual" means, with respect to the Health
Savings Account established herein, an individual covered by a Qualified High -Deductible Health
Insurance Plan. An Eligible Individual cannot be covered by a health plan that is not a Qualified High -
Deductible Health Insurance Plan (HDHP); claimed as a dependent on someone else's tax return; or
enrolled in Medicare. The following individuals will not be considered Eligible Individuals: (a)
individuals covered under a spouse's or dependent's employer's health plan; (b) individuals covered
under a comprehensive major medical individual insurance policy; or (c) individuals covered under a
health flexible spending arrangement (FSA) or a health reimbursement account (HRA) unless coverage
under the FSA or HRA is limited to permitted benefits or specific benefits not provided by the Qualified
High -Deductible Health Insurance Plan.
1.11 "Employee" means any person who is employed by the Employer. The term Employee
shall also include any person who is an Affiliated Employer and any Leased Employee deemed to be an
Employee as provided in Code Section 414(n)(2).
1.12 "Employer" means Moab City Corporation and any successor which shall maintain this
Plan; and any predecessor which has maintained this Plan. In addition, where appropriate, the term
Employer shall include any Participating, Affiliated or Adopting Employer.
1.13 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended from
time to time.
Page 65 of 150
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1.14 "Health Savings Account (HSA)" The term "Health Savings Account" or "HSA" means
the individual health savings account established by an agreement between the Participant and the
Trustee or Custodian under this Plan.
1.15 "HIPAA" The term "HIPAA" means the Health Insurance Portability and Accountability
Act of 1996, as amended from time to time.
1.16 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit.
1.17 "Insurer" means any insurance company that underwrites a Benefit under this Plan.
1.18 "Key Employee" means an Employee described in Code §416(i)(1)and the Treasury
regulations thereunder.
1.19 "Participant" means any Eligible Employee who becomes a Participant pursuant to
Section 2.2 and has not for any reason become ineligible to participate further in the Plan.
1.20 "Permitted Coverage" The term "Permitted Coverage" means, with respect to the Health
Savings Account, an overlap in coverage provided in the Qualified High Deductible Health Insurance
Plan. Permitted Coverage includes (a) coverage for accidents, disability, dental care, vision care or long-
term care; (b) insurance where substantially all the coverage relates to liabilities incurred under workers'
compensation laws, tort liabilities or liabilities relating to ownership or use of property; (c) insurance for a
specific disease or illness; (d) insurance providing a fixed amount per day for hospitalization; or (e)
Medicare supplemental insurance discount cards that entitle the Participant to obtain discounts for health
care services or products at managed care market rates. Such coverage will not disqualify the Participant
from being an Eligible Individual for these purposes provided the Participant is required to pay the costs
of the health care (taking into account the discount) until the deductible of the Qualified High Deductible
Health Insurance Plan is satisfied. Nor will a Participant fail to be an Eligible Individual under Code
§223(c)(1)(A) solely because the Participant is covered under an Employee Assistance Program, disease
management program or wellness program if the program does not provide significant benefits in the
nature of medical care or treatment, and therefore, is not considered a "health plan' under Code
§223(c)(1). A plan will not fail to be treated as Qualified High Deductible Health Insurance Plan by reason
of failing to have a deductible for preventive care. The determination of what constitutes preventive care
will be made pursuant to IRS Notice 2004-23, or such subsequent guidance issued by the IRS.
1.21 "Plan" means this instrument, including all amendments thereto.
1.22 "Plan Year" or "Coverage Period" means the Plan's 12-month accounting period
commencing on January 1st and ending December 31st. The initial period will be a short coverage period
beginning on June 1, 2012 and ending on December 31, 2012.
1.23 "Premium Conversion Plan" The term "Premium Conversion Plan" means the provision
of the Plan under which premiums are paid by Participants for certain insured benefits on a before -tax
basis.
1.24 "Premium Expenses" or "Premiums" mean the Participant's cost for the Benefits.
1.25 "Salary Redirection" means the contributions made by the Employer on behalf of
Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit
Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants'
elections made under Article V.
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6-6
1.26 "Salary Redirection Agreement" means an agreement which is deemed to be entered
into between the Participant and the Employer under which the Participant agrees to reduce his
Compensation or to forego all or part of the increases in such Compensation and to have such amounts
contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement
shall apply only to Compensation that has not been actually or constructively received by the Participant
as of the date of the agreement (after taking this Plan and Code Section 125 into account) and,
subsequently does not become currently available to the Participant.
1.27 "Spouse" means the legally married husband or wife of a Participant, unless legally
separated by court decree.
1.28 "Qualified High Deductible Health Insurance Plan" (HDHP) The term "Qualified High
Deductible Health Insurance Plan" means, with respect to the Health Savings Account, a health plan that
meets the specific requirements set forth in Code §223. Such plan cannot offer a co -payment feature for
doctor visits or prescription drugs but can be established as a "network" plan. In the case of family
coverage, a plan will only be considered a Qualified High Deductible Health Insurance Plan if no
amounts are payable under such plan until the aggregate family deductible is met. Except for preventive
care, a plan will not be considered a Qualified High Deductible Health Insurance Plan if it provides
benefits prior to the deductible being met.
1.29 "Trustee or Custodian" The term "Trustee" or "Custodian" means the entity designated
as the Trustee or Custodian of the Health Savings Account established hereunder. The Trustee or
Custodian will be a bank (as defined under Code §223(a) of the Code) or another person who has been
approved by the IRS to serve as a trustee for health savings accounts under Code §223(a).
ARTICLE II
PARTICIPATION
2.1 ELIGIBILITY
Any Eligible Employee shall be eligible to participate as of his initial date of employment
with the Employer. You can contribute to the account for any month in which you are an Eligible
Individual. You are an Eligible Individual for any month in which (a) you are covered by a Qualified
High Deductible Health Insurance Plan (and not by another insurance plan); (b) you are not claimed as a
dependent on someone else's tax return; (c) you are not enrolled in Medicare.
You cannot be considered an Eligible Individual if (a) you are covered under your
spouse's or dependent's employer's health plan; (b) you are covered under a comprehensive major
medical individual insurance policy; or (c) you are covered under a health flexible spending arrangement
(FSA) or a health reimbursement account (HRA) unless such coverage is limited to permitted benefits or
specific benefits that are not provided by the Qualified High Deductible Health Insurance Plan (such as
vision, dental, or preventative care), or the FSA or HRA are structured to only provide reimbursement
benefits after the annual deductible has been met or after retirement. Altematively, the FSA or HRA
could be suspended.
2.2 EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee shall become a Participant effective as of the first day of the month
coinciding with or next following the date on which he met the eligibility requirements of Section 2.1,
unless such Employee elects, during the Election Period, not to participate in the Plan.
Page 66of 150
2.3 TERMINATION OF PARTICIPATION
A Participant shall no longer participate in this Plan upon the occurrence of any of the
following events:
(a) Termination of employment. The Participant's termination of
employment, is subject to the provisions of Section 2.5;
(b) Change in employment status. The end of the Plan Year during which
the Participant became a limited Participant because of a change in employment status
pursuant to Section 2.4;
(c) Death. The Participant's death; or
(d) Termination of the plan. The termination of this Plan is subject to the
provisions of Section 6.2.
2.4 CHANGE OF EMPLOYMENT STATUS
If a Participant ceases to be eligible to participate because of a change in employment
status or classification (other than through termination of employment), the Participant shall become a
limited Participant in this Plan for the remainder of the Plan Year in which such change of employment
status occurs. As a limited Participant, no further Salary Redirection may be made on behalf of the
Participant, and, except as otherwise provided herein, all further Benefit elections shall cease, subject to
the limited Participant's right to continue coverage under any Insurance Contracts. Subject to the
provisions of Section 2.5, if the limited Participant later becomes an Eligible Employee, then the limited
Participant may again become a full Participant in this Plan, provided he otherwise satisfies the
participation requirements set forth in this Article II as if he were a new Employee.
2.5 TERMINATION OF EMPLOYMENT
If a Participant's employment with the Employer is terminated for any reason other than
death, his participation in the Health Savings Account shall cease, subject to the Participant's right in
Section 6.3(b).
ARTICLE III
CONTRIBUTIONS TO THE PLAN
3.1 SALARY REDIRECTION
A Participant may elect under the HSA Plan to have his or her Compensation reduced
each month in which the Participant is enrolled in a Qualified High Deductible Health Insurance Plan.
These tax-free withdrawals contributed to the HSA Account can be used to pay for out-of-pocket medical,
dental and vision expenses incurred by you and your dependents. The Employer shall contribute each
Participant's compensation to the Health Savings Account established for the benefit of such Participant.
Total contributions are limited annually. If you are between the ages of 55 and 65, you may make a
special catch-up contribution for each year following. All contributions must cease when you enroll in
Medicare.
Page 6”f 150
3.2 APPLICATION OF CONTRIBUTIONS
As soon as reasonably practical after each payroll period, the Employer shall apply the
Salary Redirection to provide the Benefits elected by the affected Participants.
3.3 PERIODIC CONTRIBUTIONS
Notwithstanding the requirement provided above and in other Articles of this Plan that
Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and
pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in
which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro
rata for each payroll period.
ARTICLE IV
HEALTH SAVINGS ACCOUNT
4.1 LIMITATION ON CONTRIBUTIONS
(a) When Contributions Are Permitted: Contributions to the Health
Savings Account (HSA) are limited to those months in which the Participant (1) has a
Qualified High Deductible Health Insurance Plan in effect, and (2) is not eligible under
any other health plan other than Permitted Coverage and Permitted Insurance.
(b) Form of Contributions: All contributions made to the HSA must be in
cash, other than rollover contributions described in Code §223(f)(5) or trustee -to -trustee
transfers. The Employer may provide an equal discretionary Employer Contribution to
each Employee participating in a HSA Plan.
(c) Limitation on Contributions: For plans with coverage effective on the
first day of the calendar year, the maximum monthly contribution that can be made to a
Participant's HSA is one -twelfth (1/12th) of the lesser of 100% of the deductible under the
Qualified High Deductible Health Insurance Plan, or (1) in the case of an Eligible
Individual who has self -only coverage under the Qualified High Deductible Health
Insurance Plan, the dollar amount in effect for that calendar year under Code
§223(b)(2)(A)(ii); and (2) in the case of an Eligible Individual who has family coverage
under the Qualified High Deductible Health Insurance Plan, the dollar amount in effect
for that calendar year under Code §223(b)(2)(B)(ii). To the extent coverage begins on a
date other than the first day of the calendar year, the contributions for the calendar year
are pro -rated based upon the number of whole months covered under the Qualified High
Deductible Health Insurance Plan. Rollover contributions described in Code §223(f)(5) or
trustee -to -trustee transfers will not be taken into account in determining the limitations
set forth herein.
4.2 CATCH-UP CONTRIBUTIONS
Eligible Individuals and their spouses who are between the ages of 55 and 65 are entitled
to make an annual catch-up contribution in the amount of $1,000.00.
4.3 EXCESS CONTRIBUTION
An excess contribution is any contribution amount, excluding rollover contributions and
catch-up contributions, that exceeds the Participant's applicable contribution limit for the calendar year
and which is not removed from the HSA by the due date of the individuals tax return for the year in
Page 6gof 150
which the contribution is made (including extensions). An excise tax will be imposed each year upon any
excess contribution which remains in the HSA.
4.4 CLAIMS
A Participant who has a balance in an HSA can apply for distributions by submitting to
the Trustee in such form and manner as the Trustee prescribes. Distributions can be in cash or in kind, as
the Participant may elect, provided that any assets which cannot be sold by the Trustee will be
distributed in kind. The Employer may, but is not required, to contribute amounts to each Participant's
HSA up to the maximum amount elected for the Plan Year. Any accelerated contribution made by the
Employer must be equally available to all Participants throughout the Plan Year and must be provided to
all Participants on the same terms, and the Participant must repay the accelerated contribution by the end
of the Plan Year. The Trustees or Custodian may place reasonable restrictions on both the frequency of,
and the minimum amount of, distributions from the HSA, and any such restrictions must be described in
a Summary Plan Description or otherwise communicated to the Participants. Any distribution not used
exclusively to pay for Qualified Medical Expenses of the Participant or his or her Dependents will be
includible in the gross income of the Participant and is subject to an additional 20% tax unless the
distribution is made on account of the Participant's death, disability or attainment of age 65.
4.5 QUALIFIED MEDICAL EXPENSES
As used in this Article, the term "Qualified Medical Expense" means a medical expense as
set forth in Code §213 that is incurred after the HSA has been established and that is not reimbursed by
other healthcare coverage. The term Qualified Medical Expense will also include the amount expended
by a Participant, or by the spouse or Dependent of such Participant which would be considered a
reimbursable expense under the terms of Revenue Ruling 2003-102.. A Participant may not be
reimbursed for the cost of any medicine or drug that is not "prescribed" as defined in Code Section 106(f).
4.6 RESPONSIBILITY OF PARTICIPANT
The Participant is solely responsible for determining whether amounts contributed to the
HSA qualify as a contribution, and for expending HSA assets in compliance with the requirements of the
Code. The Participant will also be responsible for notifying the Trustee or Custodian of any excess
contribution as described in Section 4.3 and for requesting a withdrawal of the excess contribution,
together with any net income attributable to the excess contribution.
(a) Special Rules for Health Savings Account. The eligibility requirements
and contribution limits for the Health Savings Account created hereunder are
determined on a month -by -month basis, therefore and notwithstanding anything
contained herein to the contrary, an employee who elects to make Health Savings
Account contributions under this Plan may start or stop the election or increase or
decrease the election at any time as long as the change is effective prospectively (i.e., after
the request for the change is received). Any additional Employer restrictions placed on
elections related to the Health Savings Account created hereunder must be applied
uniformly to all Participants and any change with respect to the Health Savings Account
election does not permit a change or revocation of any other coverage under the Plan
unless the change is permitted as described above. Thus, while an Health Savings
Account may be offered to and elected by a Participant mid -year, the Participant may not
make any other coverage changes under the cafeteria plan that cannot be changed, (e.g.,
coverage under a health FSA), which may prevent the employee from being an eligible
individual.
Page 7t3of 150
4.7 RESPONSIBILITY OF EMPLOYER
The Employer will be responsible for determining (a) if the Participant is covered under a
Qualified High Deductible Health Insurance Plan, and if so, the applicable deductible of such plan; (b)
what other Employer sponsored, low deductible health plan or other health plans cover the Participant or
his or her Dependents; and (c) the Participant's age. The Employer may rely on the Participant's
representation as to his or her date of birth.
4.8 VESTING
The Participant's interest in his or her Health Savings Account is non -forfeitable at all
times.
4.9 DISTRIBUTIONS UPON DEATH
If the Participant dies prior to the complete distribution of his or her HSA, the remaining
assets of the HSA will be distributed in accordance with the following: (a) if the Participant dies and the
Participant's Beneficiary is the Participant's spouse, the HSA will become the spouse's HSA as of the date
of the Participant's death; and (b) if the Participant's Beneficiary is not the Participant's spouse, then the
value of the HSA on the date of the Participant's death will be taxable to the Participant's Beneficiary in
the year the Participant dies, offset by any payments made from the HSA to the deceased Participant's
estate for Qualified Medical Expenses, provided such payments are made within one year after the date
of the Participant's death.
4.10 DESIGNATION OF BENEFICIARY
The Participant can designate from time to time any person or persons as his or her
Beneficiary and contingent Beneficiary who will be entitled to receive any undistributed amount credited
to the HSA at the time of the Participant's death. Any such designation by the Participant must be made
in writing and in a form or manner acceptable to the Trustee, and will be effective only when filed with
the Trustee during the Participant's lifetime. The Participant can change or revoke such designation at
any time by filing a new instrument with the Trustee. The Participant's designation will be ineffective
with respect to any Beneficiary who predeceases the Participant. If no valid designation is in effect at the
time of the Participant's death, the Beneficiary will be the Participant's estate. A designation of Beneficiary
hereunder will remain in effect notwithstanding any corporate transaction, including but not limited to a
merger, acquisition, sale or dissolution, in which the Trustee resigns or a successor Trustee is appointed.
Further, upon resignation of a predecessor Trustee, a valid Beneficiary designation filed with such
predecessor Trustee will continue in effect with the Trustee under this HSA. These provisions are
intended to provide for the continuation of an effective Beneficiary designation without the execution of a
designation in cases involving the replacement, substitution, or appointment of a successor Trustee,
whether or not resulting from a transaction in which the predecessor Trustee ceases to exist as a separate
entity, and whether or not at the express direction of the Participant.
4.11 COORDINATION WITH CAFETERIA PLAN
(a) Coordination With Medical Care Reimbursement Plan: The Medical
Care Reimbursement Plan created under this Plan and any other health reimbursement
account are considered health plans and constitute "other coverage" under Code
§223(c)(1)(A)(ii). If a Participant who is covered by a Qualified High Deductible Health
Insurance Plan elects to participate in the Medical Care Reimbursement Plan, or in
another health flexible spending account or health reimbursement account that pays or
reimburses Code §213(d) medical expenses, such Participant will not be considered an
Page 71cr 150
Eligible Individual for the purpose of making contributions to this Health Savings
Account unless the Medical Care Reimbursement Plan or other health flexible spending
account or health reimbursement account is structured (1) as a limited -purpose health
flexible spending account that pays or reimburses benefits for Permitted Coverage (but
not through insurance or for long-term care services), or (2) as a limited -purpose health
reimbursement account that pays or reimburses benefits for Permitted Insurance or
Permitted Coverage (but not for long-term care services).
(b) Coordination of Deductibles: The amount of the deductible for the
Medical Care Reimbursement Plan or 'other coverage' need not be the same as the
amount of the deductible for the Qualified High Deductible Health Insurance Plan, but in
no event can the Qualified High Deductible Health Insurance Plan or "other coverage"
provide benefits before the minimum annual deductible under Code §223(c)(2)(A)(i) is
satisfied. If the Qualified High Deductible Health Insurance Plan and the other coverage
do not have identical deductibles, contributions to the Health Savings Account are
limited to the lower of the deductibles. The deductibles of the Qualified High Deductible
Health Insurance Plan and the 'other coverage' can be satisfied independently by
separate expenses, but no benefits under this Health Savings Account may be paid before
the minimum annual deductible under Code §223(c)(2)(A)(i) has been satisfied.
(c) Exemption From Certain Plan Provisions: The following provisions that
are applicable to this Plan as a whole do not apply to the HSA established hereunder:
(1) the prohibition against a benefit that defers compensation by permitting employees to
carry over unused elective contributions or plan benefits from one plan year to another
plan year as described in Code §125(d)(2)(D); (2) the requirement that the maximum
amount of reimbursement must be available at all times during the coverage period; and
(3) the mandatory twelve-month period of coverage.
4.12 COORDINATION WITH HEALTH REIMBURSEMENT ACCOUNT
To the extent a Participant in this HSA is also eligible under a health reimbursement
account (HRA); his or her participation in the HRA must be limited.
4.13 USE OF DEBIT CARDS
The Administrator may provide each Participant with a debit card to be used for the
payment of Qualified Medical Expenses. The Participant is solely responsible for any tax liability
associated with the use of a debit card.
4.14 ESTABLISHMENT OF TRUST
Notwithstanding any provision herein to the contrary, all amounts contributed to a
Participant's Health Savings Account must be held either (1) in the trust established under this Plan; or
(2) in a separate trust or custodial account established and maintained by the Trustee or Custodian.
4.15 ACCEPTABLE INVESTMENTS
A Participant's HSA may be invested in bank accounts, annuities, certificates of deposit,
stocks, mutual funds, or bonds or any other investment approved for Individual Retirement Accounts as
set forth in Code §408. A Participant's Health Savings Account cannot be invested in (a) life insurance
contracts; and (b) collectibles (e.g., any work of art, antique, metal, gem, stamp, coin, alcoholic beverage,
or other tangible personal property specified in IRS guidance under Code §408(m)). An HSA may,
Page 72,of 150
however, be invested in certain types of bullion or coins as described in Code §408(m)(3). The HSA trust
or custodial agreement may restrict investments to certain types of permissible investments (e.g.,
particular investment funds). Trust assets cannot be commingled except in a common trust fund or
common investment fund. Thus, individual accounts maintained on behalf of individual HSA
Beneficiaries may be held in a common trust fund as defined in regulation §1.408-2(b)(5)(ii) or in a
common investment fund as defined in Code §584(a)(1).
4.16 RESPONSIBILITIES OF TRUSTEE
In making distributions from the HSA, the Trustee is entitled to rely on the directions
furnished to it by the Participant or the Beneficiary on forms provided by the Trustee or Custodian for
that purpose, and is under no duty to make any inquiry or investigation with respect thereto. The Trustee
has no responsibility to make any distribution from the HSA unless and until directions relating thereto
have been received from the Participant or the Beneficiary in accordance with the terms and conditions of
this HSA, on forms provided by the Trustee for this purpose. The Trustee does not have any
responsibility for the timing, propriety, or Federal income tax consequences to the Participant or a
Beneficiary of any distribution from the HSA pursuant to this HSA. The Trustee or Custodian is also
responsible for filing required information returns with the Internal Revenue Service (Form 5498-SA and
Form 1099-SA). The Trustee will retain custody of all assets in the HSA, except with respect to certain
investments during the term in which such assets are in possession of the Employer. The Trustee or the
Trustee's agent must maintain records of receipts, distributions, disbursements, investments and other
transactions involving assets of the HSA. The Trustee is entitled to perform any of its duties through
other entities or persons (including affiliates of the Trustee) designated by the Trustee from time to time.
The Trustee or Custodian may rely on the Participant's representation as to his or her date of birth.
4.17 RESPONSIBILITY OF PARTICIPANT
The Participant will direct the Trustee with respect to the investment of all contributions
and earnings on the HSA. All investment decisions will be the sole responsibility of the Participant. The
Trustee will not have any liability for losses of any kind which may result from action taken in
accordance with the investment instructions of the Participant or from any failure to act because of the
absence of such directions.
4.18 RIGHTS AND RESPONSIBILITIES OF DESIGNATED BENEFICIARY
Upon the death of the Participant, the designated Beneficiary will assume all of the rights
and responsibilities of the Participant under this Article with respect to the HSA.
4.19 TAXES
The Participant is solely responsible for any taxes and/or penalties incurred in connection
with the HSA, including any taxes and penalties for excess contributions, premature withdrawals, or
failure to make mandatory withdrawals. Any transfer taxes incurred in connection with the investment
and reinvestment of assets in the HSA, and any income taxes or other taxes of any kind whatsoever that
may be levied or assessed upon or in respect of the HSA, may be paid from the assets of the HSA and will
not be the obligation of the Trustee. Contributions made by the Participant or the Participant's Employer
can be deducted from adjusted gross income. Employer contributions to an Eligible Individual's HSA are
treated the same as Employer -provided health insurance premiums and are excludable from the
Participant's gross income. Employer contributions are not subject to (a) withholding from wages for
income tax purposes, (b) the Federal Insurance Contributions Act (FICA), or (c) the Federal
Unemployment Tax Act (FUTA).
Page 73 cif 150
4.20 PROHIBITED TRANSACTIONS
The Participant, the Trustee and/or the Employer will not engage in any transaction with
respect to the HSA which is prohibited under Code §4975 and which, under Code §408(e)(2), would cause
it to fail to qualify as a Health Savings Account.
4.21 EXCLUSIVE BENEFIT
The Health Savings Account is established for the exclusive benefit of the Participant and
the Participant's designated Beneficiary.
4.22 LIMITATIONS AND RESTRICTIONS
A deduction is not allowed for rollover contributions or transfer contributions made to
the HSA. If the Participant or the Participant's Beneficiary engages in a prohibited transaction with the
assets of the HSA, as described in Code §4975, the HSA will lose its tax-exempt status and the Participant
must include the value of the HAS in his or her gross income for the taxable year.
4.23 LIMITATION ON ROLLOVERS
Pursuant to Code §223(f)(5), the Participant can roll his or her HSA over to another HSA
once in a 12-month period. Trustee -to -trustee transfers are limited to the time and number for such
transfers as may be established from time to time by the Internal Revenue Service.4.3
4.24 HEALTH SAVINGS ACCOUNT COORDINATION WITH COBRA AND ERISA
The Health Savings Account is exempt from COBRA and from the Employee Retirement
Income Security Act (ERISA). However, the Health Savings Account is subject to and applicable sections
of the Health Insurance Portability and Accountability Act (HIPAA) as described above.
ARTICLE V
ADMINISTRATION
5.1 PLAN ADMINISTRATION
The operation of the Plan shall be under the supervision of the Administrator. It shall be
a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and
for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full
power to administer the Plan in all of its details, subject, however, to the pertinent provisions of the Code.
The Administrator's powers shall include, but shall not be limited to the following authority, in addition
to all other powers provided by this Plan:
(a) To make and enforce such rules and regulations as the Administrator
deems necessary or proper for the efficient administration of the Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in good
faith to be final and conclusive on all persons claiming benefits by operation of the Plan;
(c) To decide all questions concerning the Plan and the eligibility of any
person to participate in the Plan and to receive benefits provided by operation of the
Plan;
Page 743of 150
(d) To reject elections or to limit contributions or Benefits for certain highly
compensated participants if it deems such to be desirable in order to avoid
discrimination under the Plan in violation of applicable provisions of the Code;
(e) To provide Employees with a reasonable notification of their benefits
available by operation of the Plan;
(0
To establish and communicate procedures to determine whether a
medical child support order is qualified under ERISA Section 609; and
(g) To appoint such agents, counsel, accountants, consultants, and actuaries
as may be required to assist in administering the Plan.
Any procedure, discretionary act, interpretation or construction taken by the
Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently
applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of
Code Section 125 and the Treasury regulations thereunder.
5.2 EXAMINATION OF RECORDS
The Administrator shall make available to each Participant, Eligible Employee and any
other Employee of the Employer such records as pertain to their interest under the Plan for examination
at reasonable times during normal business hours.
5.3 PAYMENT OF EXPENSES
Any reasonable administrative expenses shall be paid by the Employer unless the
Employer determines that administrative costs shall be borne by the Participants under the Plan or by
any Trust Fund which may be established hereunder. The Administrator may impose reasonable
conditions for payments, provided that such conditions shall not discriminate in favor of highly
compensated employees.
5.4 INSURANCE CONTROL CLAUSE
In the event of a conflict between the terms of this Plan and the terms of an Insurance
Contract of an independent third party Insurer whose product is then being used in conjunction with this
Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under
such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons
eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become
insured, if any, the benefits Participants are entitled to and the circumstances under which insurance
terminates.
5.5 INDEMNIFICATION OF ADMINISTRATOR
The Employer agrees to indemnify and to defend to the fullest extent permitted by law
any Employee serving as the Administrator or as a member of a committee designated as Administrator
(including any Employee or former Employee who previously served as Administrator or as a member of
such committee) against all liabilities, damages, costs and expenses (including attorney's fees and
amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission
to act in connection with the Plan, if such act or omission is in good faith.
Page 715 of 150
ARTICLE VI
AMENDMENT OR TERMINATION OF PLAN
6.1 AMENDMENT
The Employer, at any time or from time to time, may amend any or all of the provisions
of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of
modifying any benefit election of any Participant in effect at the time of such amendment, unless such
amendment is made to comply with Federal, state or local laws, statutes or regulations.
6.2 TERMINATION
The Employer is establishing this Plan with the intent that it will be maintained for an
indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate
this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions
shall be made. Benefits under any Insurance Contract shall be paid in accordance with the terms of the
Insurance Contract.
6.3 Amendment or Termination of Health Savings Account
(a) Amendment: The Trustee is authorized to amend the Health Savings
Account in any respect and at any time (including retroactively) to comply with the
applicable provisions of the Code and the Regulations. Any other amendments to the
Health Savings Account will require the consent of the Participant. For these purposes,
the Participant will be deemed to have consented to any amendment to the Health
Savings Account if the Participant fails to object thereto in writing within thirty (30) days
after having received written notice of the amendment from the Trustee.
(b) Termination: The Participant or the Trustee may terminate the Health
Savings Account at any time by delivering written notice of termination to the other.
Upon termination, all assets remaining in the HSA as of the date of termination, less such
amounts as may be required to provide for payment of fees, expenses and, if applicable,
penalties in connection with the settlement of the Account, will be transferred as soon as
practicable in accordance with the Participant's instructions or, in the absence of such
instructions, directly to the Participant. If a Participant does not complete a transfer to the
HSA within 30 days from the date the notice is mailed to the Participant, the Trustee has
the right to transfer the HSA assets to a successor Trustee (or to a trustee chosen by the
Employer), or the Employer may pay the HSA to the Participant in a single sum. The
Employer will not be liable for any actions or failures to act on the part of any successor
Trustee (or trustee chosen by the Employer), nor for any tax consequences the Participant
may incur as a result of the transfer or distribution of HSA assets pursuant to this
Section.
ARTICLE VII
MISCELLANEOUS
7.1 PLAN INTERPRETATION
All provisions of this Plan shall be interpreted and applied in a uniform,
nondiscriminatory manner.
Page 76 of 150
7.2 GENDER AND NUMBER
Wherever any words are used herein in the masculine, feminine or neuter gender, they
shall be construed as though they were also used in another gender in all cases where they would so
apply, and whenever any words are used herein in the singular or plural form, they shall be construed as
though they were also used in the other form in all cases where they would so apply.
7.3 NO GUARANTEE OF TAX CONSEQUENCES
Neither the Administrator nor the Employer makes any commitment or guarantee that
any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the
Participant's gross income for federal or state income tax purposes, or that any other federal or
state tax treatment will apply to or be available to any Participant. It shall be the obligation of
each Participant to determine whether each payment under the Plan is excludable from the
Participant's gross income for federal and state income tax purposes, and to notify the Employer
if the Participant has reason to believe that any such payment is not so excludable.
Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally
enforceable.
7.4 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS
If any Participant receives one or more payments or reimbursements under the Plan that
are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for
any liability it may incur for failure to withhold federal or state income tax or Social Security tax
from such payments or reimbursements. However, such indemnification and reimbursement
shall not exceed the amount of additional federal and state income tax (plus any penalties) that
the Participant would have owed if the payments or reimbursements had been made to the
Participant as regular cash compensation, plus the Participant's share of any Social Security tax
that would have been paid on such compensation, less any such additional income and Social
Security tax actually paid by the Participant.
7.5 COORDINATION AMONGST PLANS
A Participant may not be reimbursed for the same medical expense by more than one
plan or arrangement hereunder. A Participant in the Health Savings Account will be subject to
the ordering rules in Notice 2002-45, Part V, and must provide certification to the Employer that
the expense has not been reimbursed and that the Participant will not seek reimbursement under
any other plan or arrangement covering that expense.
7.6 FUNDING
Unless otherwise required by law, contributions to the Plan need not be placed in trust or
dedicated to a specific Benefit, but may instead be considered general assets of the Employer
until the Premium Expense required under the Plan has been paid. Furthermore, and unless
otherwise required by law, nothing herein shall be construed to require the Employer or the
Administrator to maintain any fund or segregate any amount for the benefit of any Participant,
and no Participant or other person shall have any claim against, right to, or security or other
interest in, any fund, account or asset of the Employer from which any payment under the Plan
may be made.
Page 71763f 150
7.7 GOVERNING LAW
This Plan is governed by the Code and the Treasury regulations issued thereunder (as
they might be amended from time to time). In no event shall the Employer guarantee the
favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the
provisions of this Plan shall be construed, enforced and administered according to the laws of the
State of Utah.
7.8 SEVERABILITY
If any provision of the Plan is held invalid or unenforceable, its invalidity or
unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed
and enforced as if such provision had not been included herein.
7.9 CAPTIONS
The captions contained herein are inserted only as a matter of convenience and for
reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in
any way shall affect the Plan or the construction of any provision thereof.
7.10 FAMILY AND MEDICAL LEAVE ACT (FMLA)
Notwithstanding anything in the Plan to the contrary, in the event any benefit under this
Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations
thereunder, this Plan shall be operated in accordance with Regulation 1.125-3.
7.11 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)
Notwithstanding any provision of this Plan to the contrary, contributions, benefits and
service credit with respect to qualified military service shall be provided in accordance with the
Uniform Services Employment And Reemployment Rights Act (USERRA) and the regulations
thereunder.
Page 7ff 150
IN WITNESS WHEREOF, this Health Savings Account Plan document is hereby
executed this day of
MOAB CITY CORPORATION
By
EMPLOYER
Page 798pf 150
ADOPTING RESOLUTION
The undersigned Principal of Moab City Corporation (the Employer) hereby certifies that
the following resolutions were duly adopted by the Employer on , and that such
resolutions have not been modified or rescinded as of the date hereof:
RESOLVED, that the form of amended Health Savings Account Plan effective June 1,
2012, presented to this meeting is hereby approved and adopted and that the duly authorized agents of
the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan
one or more counterparts of the Plan.
RESOLVED, that the Administrator shall be instructed to take such actions that are
deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and
administrative procedures to provide benefits under the Plan.
RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible
to notify the employees of the Employer of the adoption of the HSA Plan by delivering to each employee
a copy of the summary description of the Plan in the form of the Plan Summary presented to this
meeting, which form is hereby approved.
The undersigned further certifies that attached hereto as Exhibits A and B, respectively,
are true copies of Moab City Corporation Health Savings Account as amended and restated and the Plan
Summary approved and adopted in the foregoing resolutions.
Principal
Date:
Page 80 of 150
ORDINANCE NO. 2012-10
AN ORDINANCE 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 2010-2011 was greater than 3%; and
WHEREAS, the 2012/2013 Fiscal Year Budget Shows a 3% 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, 2012.
DATED this 26th day of June 2012.
SIGNED:
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City Recorder
Ordinance #2012-10 June 26, 2012
Page 81 of 150
6-7
CITY OF MOAB
CLASSIFIED HOURLY
PAY RATES 2012/2013
PROPOSED
Pay
Grade
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
E1
E2
E3
E4
E5
S1
S2
S3
S4
S5
S6
MIN
STEPS
A
B
C
D
E
F
G
H
1
J
K
L
M
N
O
P
O
R
S
T
10.00
10.30
10.61
10.94
1 1. Z6
11.61
11.95
12.31
12.67
13.06
13.44
13.85
14.26
14.69
15.13
15.57
16.06
16.54
17.04
17.54
18.07
10.51
10.82
11.13
11.46
11.80
12.16
12.54
12.92
13.29
13.69
14.09
14.53
14.96
15.41
15.87
16.36
16.84
17.36
17.87
18.40
18.95
10.98
1 1.3 0
11.65
12.00
12.35
12.72
13.11
13.49
13.91
14.32
14.74
15.18
15.65
16.12
16.60
17.11
17.61
18.14
18.68
19.25
19.83
11.52
11.85
12.22
12.58
12.97
13.34
13.74
14.16
14.58
15.03
15.47
15.93
16.43
16.91
17.42
17.95
18.49
19.03
19.60
20.20
20.81
12.05
12.42
12.78
13.17
13.57
13.98
14.40
14.82
15.26
15.73
16.20
16.69
17.19
17.70
18.24
18.79
19.35
19.93
20.52
21.15
21.78
12.62
13.00
13.39
13.80
14.20
14.64
15.08
15.52
16.00
16.49
16.97
17.49
18.01
18.56
19.10
19.68
20.27
20.88
21.50
22.15
22.81
13.25
13.65
14.05
14.47
14.91
15.37
15.82
16.29
16.80
17.30
17.83
18.34
18.89
19.47
20.05
20.65
21.27
21.90
22.55
23.23
23.93
13.87
14.28
14.71
15.15
15.60
16.09
16.57
17.06
17.57
18.10
18.64
19.21
19.79
20.36
20.98
21.62
22.26
22.92
23.62
24.32
25.05
14.53
14.97
15.41
15.87
16.37
16.85
17.36
17.88
18.41
18.96
19.53
20.12
20.72
21.34
21.49
22.64
23.31
24.01
24.73
25.47
26.23
15.20
15.66
16.14
16.62
17.13
17.63
18.16
18.72
19.27
19.85
20.45
21.04
21.69
22.34
23.00
23.70
24.40
25.13
25.88
26.67
27.47
15.94
16.44
16.92
17.43
17.96
18.49
19.04
19.61
20.21
20.82
21.43
22.07
22.74
23.42
24.13
24.85
25.56
26.36
27.16
27.97
28.82
16.70
17.20
17.71
18.25
18.80
19.37
19.94
20.53
21.16
21.78
22.43
23.11
23.80
24.51
25.26
26.02
26.80
27.61
28.44
29.28
30.16
17.51
18.04
18.58
19.13
19.71
20.29
20.91
21.54
22.18
22.85
23.53
24.24
24.96
25.71
26.48
27.27
28.10
28.95
29.81
30.69
31.61
18.33
18.88
19.45
20.03
20.63
21.25
21.85
22.53
23.22
23.91
24.63
25.36
26.12
26.91
27.74
28.56
29.42
30.28
31.20
32.14
33.10
19.21
19.78
20.36
20.97
21.60
22.26
22.92
23.61
24.32
25.05
25.79
26.56
27.38
28.19
29.05
29.91
30.80
31.73
32.68
33.65
34.66
20.10
20.70
21.36
22.00
22.67
23.34
24.02
24.76
25.49
26.28
27.07
27.87
28.71
29.57
30.47
31.37
32.31
33.29
34.28
35.32
36.38
21.08
21.72
22.38
23.05
23.74
24.45
25.19
25.94
26.72
27.54
28.36
29.21
30.08
30.97
31.92
32.88
33.87
34.88
35.93
36.99
38.10
22.09
22.76
23.44
24.15
24.86
25.62
26.38
27.18
28.00
28.83
29.69
40.88
31.50
32.45
33.42
34.42
35.45
36.51
37.62
38.76
39.92
23.15
23.84
24.57
25.30
26.06
26.85
27.66
28.50
29.33
30.21
31.13
32.05
33.02
34.01
35.02
35.05
37.17
38.30
39.44
40.62
41.84
24.26
24.98
25.74
26.51
27.31
28.13
28.98
29.84
30.74
31.65
32.61
33.58
34.59
35.62
36.70
37.80
38.93
40.11
41.30
42.54
43.82
25.41
26.18
26.98
27.79
28.62
29.47
30.37
31.26
32.21
33.17
34.17
35.18
36.25
37.34
38.46
39.62
40.81
42.02
43.28
44.59
45.93
26.63
27.43
28.26
29.11
29.98
30.88
31.81
32.74
33.72
34.75
35.78
36.85
37.97
39.12
40.29
41.49
42.72
44.01
45.33
46.69
48.09
27.91
28.75
29.61
30.50
31.43
32.35
33.33
34.32
35.35
36.41
37.51
38.64
39.79
40.99
42.22
43.48
44.77
46.12
47.50
48.95
50.42
29.23
30.11
30.99
31.94
32.90
33.88
34.90
35.95
37.01
38.14
39.27
40.45
41.66
42.92
44.20
45.53
46.90
48.30
49.75
51.25
52.79
30.62
31.54
32.51
32.49
34.47
35.50
36.57
37.69
38.81
39.96
41.17
42.39
43.67
44.98
46.32
47.71
49.16
49.16
52.15
53.71
55.33
7.76
7.98
8.23
8.47
8.73
8.99
9.25
9.54
9.82
10.12
10.41
10.72
11.05
11.37
11.72
12.07
12.44
12.80
13.19
13.60
14.01
7.87
8.12
8.35
8.57
8.87
9.13
9.39
9.68
9.97
10.28
10.58
10.90
11.23
11.57
11.91
12.27
12.64
13.02
13.40
13.81
14.22
14.00
14.42
14.85
15.30
15.76
16.22
16.72
17.22
17.73
18.26
18.81
19.37
19.96
20.55
21.17
21.81
22.46
23.13
23.83
24.54
25.28
14.21
14.65
15.09
15.53
16.01
16.49
16.97
17.49
18.01
18.56
19.11
19.68
20.27
20.88
21.51
22.16
22.81
23.50
24.21
24.94
25.69
25.28
26.03
26.81
27.62
28.45
29.30
30.18
31.10
32.02
32.98
33.98
34.99
36.04
37.12
38.23
39.39
40.56
41.79
43.03
44.33
45.66
25.68
26.45
27.23
28.06
28.89
29.77
30.65
31.57
32.53
33.50
34.51
35.54
36.61
37.71
38.84
39.99
41.20
42.44
43.71
45.02
46.37
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
Page 82 of 150
ATTACHMENT B
Exempt and Elected Official Salaries
Section 1. Yearly salary range for the following exempt positions only:
City Manager — Grade E5 $63,935 — $115,529
Police Chief— Grade E3 $58,276 — $105,277
Public Works Dir. — Grade 18 $46,124 — $83,353
Recorder — Grade 17 $44,015 — $79,553
Treasurer — Grade 14 $38,273 — $69,113
Section 2. Yearly salary rates for the following elected official positions:
Mayor $12,000
Councilmembers $ 6,000
Ordinance #2012-10 — Attachment B
Page 83 of 150
6-7
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-5121
FAX NUMBER (435) 259-4135
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREYA. DAVIS
DOUG MCELHANEY
KIRSTIN PETERSON
GREGG W. STUCKI
To: Mayor and City Council
From: Donna Metzler, City Manager
Date: May 18, 2012
Subject: Assignment of Legal Claims and Agreement for Corrective Work
As previously discussed, the City of Moab and Certainteed have entered into an
agreement whereby Certainteed has agreed to replace the faulty panels on the
Recreation and Aquatic Center and to pay labor costs associated with the removal of
the old panels and installation of the new panels. Unfortunately, there is a
disagreement between Hogan Construction and Certainteed as to the cost of the labor
to perform this work.
Hogan is willing to take on this disagreement with Certainteed and to perform the labor
at no cost to the City. The attached Assignment of Legal Claims and Agreement for
Corrective Work formalizes this arrangement. The agreement has been reviewed and
revised by the City Attorney.
Hogan is currently installing the panels.
recommend approval of the Assignment.
ADM-MEM-12-05-005
Page 84 of 150
(rs
ASSIGNMENT OF LEGAL CLAIMS AND AGREEMENT FOR CORRECTIVE WORK
This Assignment of Legal Claims ("Assignment") is by and between the City of Moab, a
municipality ("Moab") and Hogan and Associates Construction, Inc., a Utah Corporation ("Hogan"),
collectively the "Parties," or individually a "Party," for the purpose of memorializing the parties'
agreement regarding the assignment of legal claims arising from or related to alleged construction
defects involving the Moab Recreation and Aquatic Center ("the Facility").
RECITALS
WHEREAS, in April 2011, Moab opened the 24,000 square foot Facility located at 100 West
400 North, Moab, Utah. The Facility was constructed by Hogan pursuant to the Contract Documents,
dated June 9, 2009.
WHEREAS, a significant portion of the Facility was constructed with CertainTeed Corporation's
("CertainTeed") weatherboard fiber cement siding ("the CertainTeed siding") and that siding has begun
to fail during the warranty period.
WHEREAS, CertainTeed has authorized the replacement "at no cost" of the failing CertainTeed
siding.
WHEREAS, Hogan has estimated that removal and replacement of the failing CertainTeed
siding will cost $199,119.95, and the City has entered into a Release of Labor and Miscellaneous Costs
Agreement with Certain Teed, dated January 20, 2012, and authorizing payment of the sum of
$220,000.00 for replacement labor costs. A copy of the Certain Teed agreement is attached as Exhibit 1.
WHEREAS, CertainTeed has subsequently authorized only $26,000 for this same removal and
replacement of the failed CertainTeed siding.
WHEREAS, Moab desires to assign to Hogan all right, title and interest to any and all claims
which Moab may have against CertainTeed arising from or related to the CertainTeed siding warranty
provided to Moab.
AGREEMENT
NOW, THEREFORE, in consideration of Hogan's agreements as stated herein, Moab and
Hogan hereby as follows:
1. Assignment, Effective Date & Assumption. Moab assigns, sets over, transfers and
conveys to Hogan without warranty all right, title, and interest in and to any and all claims it has
against CertainTeed in any way concerning the CertainTeed siding, including but not limited to any
breach of contract arising from the January 20, 2012 Release of Labor and Miscellaneous Costs
agreement, breach of warranty and related claims, which may presently exist or which may have
1 of 2
Page 85 of 150
6 5
arisen from conduct prior to and after the date of this Assignment, which is effective as of the date of
execution by the last party below. In turn, Hogan agrees to diligently prosecute these claims.
2. Completion of Warranty Work. Hogan agrees to purchase (if necessary), construct,
and install replacement siding upon the Facility as necessary to repair all defective work as identified
in the January 20, 2012 Certain Teed agreement. The siding replacement work will be done by
Hogan without cost to Moab. The work will be done in conformity with all Contract Documents,
design documents, and manufacturer installation specifications. Moab will deliver to Hogan all
replacement siding provided by Certain Teed pursuant to the warranty claim.
3. Prompt Completion, Assignment of Payment. Hogan agrees to complete the siding
replacement promptly, and its obligation to complete the work is in no way conditioned upon receipt
of payment from Certain Teed. Moab will promptly assign to Hogan without warranty all sums or
instruments (if any) it receives from Certain Teed representing full or partial payment of the
installation costs on the siding warranty claim.
4. Successors. This Assignment shall be binding upon and inure to the benefit of the
Parties and their respective heirs, legal representatives, successors, and assigns.
5. Counterparts. This Assignment may be executed in one or more counterparts, which,
when taken together, shall constitute an entire agreement.
6. Complete Agreement. This Assignment is the sole and complete agreement between
Hogan and Moab pertaining to liabilities associated with the siding replacement warranty claim.
Nothing in this Agreement shall be deemed to impair or abrogate any remaining obligations which
may be owing under the Contract Documents pertaining to the Facility.
IN WITNESS WHEREOF, this Assignment of Legal Claims is executed on the day of
, 2012.
CITY OF MOAB HOGAN AND ASSOCIATES CONSTRUCTION,
INC.
By By
4eseleil f doriA f ASec. Coaroolitir•
2 of 2
Page 86 of 150
Consumer Services
CertainTeed Corporation
803 Belden Road
Jackson, MI 49203 •
Toll Free 0: 800.999.3654
Fax it: 517.787.0023
Email: jtc.core+servfc@saint-gobain.corn
City Manager
City of Moab
217 Fast Center St
Moab, UT 84532
12116/2011
CertainBeig
RELEASE OP LABOR AND MISCELLANEOUS COSTS
RE: Incident 0 00174577 — Moab Rea Center ® 374 North Park Ave in Moab, UT 84532
Thar Sir or Madam:
We have reviewed the information submitted for the above referenced claim and have authorized a replacement on
the property. The material portion of the replaceteat will be bandied through the local distributor (see attached
letter).
We will provide money to cover the following costs: labor for the removal of the old material and installation of the
new material, disposal of the old material and miscellaneous casts, such as nails, etc. The total amount paid by our
company far the combined costs of these items is saz0,000 00 on squares ® 5200.00/sgnare). Once you receive
the payment from our company, it is your responsibility to pay the contractor upon completion of the work
At this time, please sign and date the bottom dads letter acknowledging your understanding and acceptance of a
direct payment ofthis money and return the letter to our office. Note: ate we receive the signed and dated letter to
our office. please allow us 1-S weeks to process the paperwork to have your check issued The signed and dated
letter can be faxed to us at 517.787.0033 or sent via normal mall,
Note: Please make sane diptitiks listed above sign and date this jonn. Understand Mat failure to do so will
require us to return the firm to obtain the missing stgttetares and dates,
CONFIDE/11AL — THIS DOCUMENT IS TO BE USED FOR SETTLEMENT PURPOSES ONLY AND IS
NOT AN ADMISSION OF LIABILITY BY CERTAINTEED CORPORATION.
Sincerely,
//au SAO
Maine Smith
Consumer Services Representative
Printed name ofebove signature
Celt Aai�TiY
Title of audtSrized agent
172,0 -la
Date
Page 87 of 150
CMOY O�OAB
Memo To:
From:
Subject:
BACKGROUND
City of Moab
Planning and Zoning Department
Correspondence
May 15,2012
Honorable Mayor and Members of Council
Jeff Reinhart, City Planner
Approval of the Final Plat for Phase One of the Mill Creek Village Planned Unit
Development (P.U.D.), on Property Located in the RA-1 Zoning District as
Submitted by Andrew Riley
Mr. Andrew Riley owns a tract of land 8.82 acres in size, and has applied to develop Mill Creek Village, a
20-Lot Planned Unit Development (PUD). The property is located at 1337 Powerhouse Lane in the RA-1
Zoning district. There is a proposed private street, Dream Drive, which loops through the property
providing primary access for the lots. An area of approximately 3.49 acres (or 40.2%) is set aside as
common area/open space and storm water detention areas. Only 4.44 acres will be developed as
building sites. Trails to access the creek and other areas of the property are indicated on the plat.
Lot sizes range from 4,504 square feet to 13,465 square feet in area. The lots will be a mixture of
predominantly single family dwellings but mixed with duplex/townhome lots and a couple of deed
restricted affordable housing properties.
The Planning Commission approved the preliminary plat in July 2011 with a subsequent review and
approval by Council on August 9, 2011. The Final Plat for Phase One was reviewed and conditionally
recommended to Council by the Planning Commission on July 28, 2011, with two conditions:
(1) The applicant shall work with the city to establish a trail easement;
(2) The city attorney will clarify the issue of the Powerhouse Lane right-of-way.
The applicant has worked with staff in establishing a trail easement and other required easements as
indicated on the plat. The issue of the right-of-way for Powerhouse Lane has been reviewed as
requested by the Commission and it has been determined that there is sufficient right-of-way to provide
for the contemplated improvements.
Page 88 of 150
Moab City Council
PL-12-68
May 15, 2012
Approval of Mill Creek Village P.U.D.
Page 2 of 2
In March of this year, Council approved a relocation of a property line for the PUD that was a minimal
impact on the open space.
DISCUSSION
The development of Mill Creek Village has more than a fair share of intricacies and there are several
documents that must be recorded in addition to the plat and the Subdivision Improvements Agreement.
Recordation of the Final Plat of Phase One is contingent upon approval of the supporting documents for
the Subdivision Improvements Agreement. Several easements, trust deeds, and other pertinent
documents must be executed prior to the plat going to the county recorder. A closing process will
address these legal matters.
ALTERNATIVES
1) Council, as the Land Use Authority, can approve the plat for the PUD as submitted;
2) Council can approve the plat and state any necessary conditions;
3) Council can vote to not approve the PUD and state their reasons;
4) Council can table the application until a later date and request additional information.
Recommendation
City Staff agrees with the Planning Commission and recommends approval of the plat subject to the
condition that the Subdivision Improvements Agreement, appropriate Trust Deeds, associated
documents, and the required easements shall be executed with the Final Plat of Phase One.
Attachments: Phase One Final Plat
Application
p:\planning department \2012\correspondence \p1-12-08 cc mcv final.docx
Page 89 of 150
6
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Page 90 of 150
CITY OF MOAB
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
PRELIMINARY PLAT APPLICATION
***A PRE -APPLICATION MEETING WITH CITY STAFF IS REQUIRED FOR THIS APPLICATION***
DATE STAMP
FOR CITY USE ONLY
TO BE FILLED OUT BY APPLICA
PROJECT NAME (if any): Miff ��e D�
i C
RECEIVE D
i!/
PROJECT STREET ADDRESS Pettijetrttchictre
OR ACCESS STREET:
., "V e—
A{�
MAR 2 8 2011
FOR CITY USE ONLY
APPLICATION NUMBER: VI' 11.010 (0
CITY OF MOAB
DATE RECEIVED: u - 3o -I 1
APPLICATION FEE:
T
TREASURER'S RECEIPT NUMBER: 5 �--1 #7.—
All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or
completeness within fifteen days.
SUBMITTAL REQUIREMENTS
I
APPLICATION
One original (which must contain an original signature of owner/agent)
FULL-SIZE DRAWINGS
EIGHT (8) copies of the required drawings must be provided.
Drawings must be 18" x 24" or 24" x 36" in size.
REDUCED DRAWINGS
TWO (2) copies of the drawings reduced to 8.5" x Il" or //" x 17" must be provided.
FEES
Preliminary Plat - $200.00 plus $25.00 per lot
Final Plat - $200.00 plus $25.00 per lot
ATTACHED SUBMITTAL
CHECKLIST
Please refer to attached Submittal Checklist for further information.
Note: when submitting this application, please do not copy or include the Submittal Checklist
sheets attached to the back of this application.
REQUIRED SIGNATURES (sign & date)
Public Works Director
Fire Chief
City Engineer
Building Inspector
City Planner
Streets Superintendent
Zoning Administrator
Water & Sewer Superintendent
City Manager
City Recorder
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532
Phone: (435) 259-5129 • Fax: (4356)35 • E-mail: info@moabcity.org
Website: www.moabcity.org
CITY OF MOAB
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
A. GENERAL INFORMATION � `� � Cteek��,1. Name of property owner:�7
ittle C
Address: 1106 00 � /4- � f P AZ?, S 6 A 6.
Phone:
026' -2Zej, "i -eel( ZCoG•Z26y Fax:
E-mail: Q.0'101,rewaxL {@� �o �� caw
Name of property owner:
Address:
Phone:
E-mail:
Fax:
Attach additional owner information if necessary.
If the owner(s) of record as shown by the county assessor's office is (are) not the agent,
the owner's (owners') signed and notarized authorization(s) must accompany this application.
2. Applicant or contact person:
Address:
Phone:
hate„e i
� Sao sfl.-EGA S �. �x ys`) it/tA4A-
aS9 ZZ 6'f
E-mail:
L'
Fax:
• eke 1):6451te
3. Name of land surveyor: keq_Cr if\ -1 r 1t4-45 50lelee j ��
Address: 4 c-. F �,Q� N`dspail
Phone: at"?' .n Fax:
E-mail:
4. Description of proposal:
2 div2A
e[09
[(4)tti �Q
75e. sui6J-avisi'm cs4' ZrT i4o#E3
C 1 PUD CDY1T I� i At l /c.
l L1+5. ie_ ` et 04-
5. Does the property/site contain hillside slopes over 25%? ❑ yes J. no ❑ unknown
6. Does any portion of the property/site reside in the FC-1 flood zone? tg yes ❑ no ❑ unknown
7. Are any restrictive covenants existing or proposed? (If yes, please attach.) jay es Ono
8. Are there underlying/overlying agreements on the property? ❑ yes ❑ no 0..unknown
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER ppRf•15V0AB, UTAH • 84532
Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info @moabcity.org
Website: www.moabcity.org
CITY OF MOAB
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
If yes, check as appropriate and provide a copy of the decision document:
❑ Conditional Use Permit
❑ Zoning Variance
O Planned Unit Development
❑ Other:
Under which jurisdiction was the approval given?
City of Moab ❑ Grand County
Approval date:
I hereby certify that I have rea this application and know the same to be true and correct.
Arsta_t"et.c.,�, Lti
Please Print Name
Da
3jz[ii
*Signature of owner or authorized agent Date
Please Print Name
*If signatory is not the owner of record, the attached "Owner/Agent Agreement" must be signed and notarized
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532
Phone: (435) 259-5129 • Fax: (4Qe2,49,-41p • E-mail: info @moabcity.org
Website: www.moabcity.org
(el
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-4135
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
DOUG MCELHANEY
KIRSTIN PETERSON
GREGG W. STUCKI
To: Mayor and City Council
From: Donna Metzler, City Manager
Date: May 18, 2012
Subject: Improvements Agreement for Millcreek Village PUD , Phase I
Staff recommend approval of the Improvements Agreement for Millcreek Village. For the most
part, the agreement is standard. It does entail City participation in the cost of improvements for
Powerhouse Lane, as previously discussed and as included in the Tentative Budget. The
Agreement calls for the developer paying for the improvements along the frontage of their
property and the City paying for the portion of the road that ends at Millcreek Drive. The
developer will pay for all other improvements for the development, and will pay for the design of
the entire length of Powerhouse Lane to be improved.
The Agreement calls for a financial assurance for the improvements. The amount needed for
the financial assurance is $577,296.75. This cost estimate was generated by the developer's
engineer and has been reviewed and approved by city staff. The developer has chosen to
pledge property as the financial assurance. The City should accept two trust deeds, which,
taken together, will cover the cost of the improvements. The trust deeds are also on the agenda
for approval.
Please also note that acceptance of these trust deeds will require a closing, as the properties
will first need to be reconveyed to the developer prior to their conveyance to the City. All of
these details have been worked out.
Thank you for your consideration.
ADM-MEM-12-05-002
Page 95 of 150
IMPROVEMENTS AGREEMENT
Mill Creek Village PUD, Phase I
The CITY OF MOAB, a Utah municipality (the "City"), and MILL CREEK VILLAGE,
LLC, ("Owner") have entered into the following Agreement pursuant to the Moab Municipal
Code § 17.66.010 et seq., to secure performance and the installation of improvements as required
as a condition for approval of the Mill Creek Village Planned Unit Development, Phase I
("PUD"). For valuable consideration, the sufficiency of which both parties acknowledge, the
parties agree as follows:
1. Covered Property. The real property subject to this Agreement ("Property") is
described as Parcel 3 of Power House Subdivision, Addition #2.
2. Required Improvements. Owner will develop the Property in conformity with the
final PUD plan, Phase I, attached as Exhibit A. Owner hereby agrees to comply
with all conditions placed upon the approval as specified before the Moab City
Council (the "Council") and agrees to construct and install improvements,
including utilities, drainage improvements, and landscaping as further specified in
the approved engineering plan drawings, the Improvements Cost Estimate
Worksheet shown in Exhibit B, and other attachments deposited with the City.
The following improvements include but are not limited to:
1. Streets, curbs, gutters and sidewalks
2. Street striping and signage
3. Water and sewer lines
4. Power service
5. Storm drainage conveyance facilities
6. Re -vegetation and restoration of disturbed areas
7. Construction dust control
8. Traffic calming speed hump
9. Street Lighting
10. Landscaping
11. Irrigation systems as shown in Exhibit A.
12. Powerhouse Lane Improvements, as shown in the approved engineering plan
drawings.
A. The cost of the Powerhouse Lane Improvements shall be apportioned
between Owner and City as follows: Owner shall be responsible for all
improvements that are directly adjacent to the frontage of the Property, as
shown in Exhibit A and on the Improvements Cost Estimate Worksheet
shown in Exhibit B. City shall be responsible for all improvements on
Powerhouse Lane that run from the Property to Millcreek Drive, as
shown on Exhibit A and on the Improvements Cost Estimate Worksheet
shown in Exhibit B, in an amount not to exceed $103,000 unless
approved in writing by the City. Owner shall provide engineering for the
entire length of Powerhouse Lane from Mill Creek Drive through the
Property. The design of the improvements shall be approved by the City
Pag_e 1 of 6
age 96 of 150
prior to construction of said improvements. Owner shall coordinate the
construction for the Powerhouse Lane Improvements, which shall be
completed as one project; provided, however, that each Party shall
approve the selected contractor's bid, and make direct payment, for that
portion of the Powerhouse Lane Improvements for which the respective
Party is responsible.
3. Acceptance of Improvements, Warranty. All improvements shall be constructed
in a workmanlike manner and in conformity with approved plans and City
specifications. All Public Improvements are subject to inspection by the Public
Works Director and City Engineer prior to completion. All improvements to be
dedicated to the City (the "Public Improvements") shall be inspected and tested
prior to acceptance. Upon acceptance, title to Public Improvements will vest in
the City. Improvements constructed for other agencies, shall be inspected and
tested prior to acceptance by the specific agency.
3.1 The Owner warrants that all Public Improvements dedicated to the City
shall be constructed in a workmanlike manner and in accordance with
approved plans and specifications, and that all such improvements shall be
free from defects in materials and workmanship for a period of one (1)
year from the date of acceptance by the City (the "Warranty Period").
Owner shall promptly repair or replace any defect in materials or
workmanship following receipt of written notice from the City during the
Warranty Period.
3.2 All Public Improvements shall be delivered free and clear of any lien or
encumbrance. Owner and City staff shall jointly approve the estimated
cost of the Public Improvements prior to the commencement of
construction. Public Improvements shall include the following:
Powerhouse Lane, water mains, excluding service lines, and required
trails. All other improvements shall be considered Private Improvements
to be maintained by the Millcreek Homeowners' Association.
3.3 All Required Improvements shall be bonded by the developer in a form of
financial assurance accepted by the city in an amount of not less than one
hundred twenty-five percent (125%) of the estimated cost of the Required
Improvements to be constructed, as shown in Exhibit B. Owner shall bond
for Powerhouse Lane Improvements in the amount of 125% of the
Owner's share of Improvements.
4. Zoning Compliance. Building permits for construction on the Property shall only
be issued upon satisfactory completion and acceptance of all improvements for
each phase of construction. Owner shall not sell, convey, exchange, or otherwise
transfer title to the Property until such time as all improvements are completed
and accepted by the City, and all other provisions of this Agreement are complied
with. Any sale or transfer in violation of this section is a material breach of the
Agreement.
Page 2 of 6
age 97 of 150
5. Default: Remedies, Lapse of Plat. All provisions of this Agreement are material.
Any violation this Agreement (hereinafter "Default") is grounds for declaration of
Default. Prior to invoking any remedies for Default under this Agreement the
City shall deliver written notice to the Owner describing the act, event, or
omission constituting same, and allowing Owner a period of not less than thirty
(30) days in which to cure or abate the violation. Cure within this period reinstates
this Agreement.
5.1 Upon declaration of Default the City may exercise any remedies, for
violation available under City ordinances or Utah statutes, including,
without limitation, proceeding against the payment or performance bonds;
withholding building permits or certificates of occupancy/zoning
compliance; action to enjoin or abate zoning violations, recording of a
lapse of plat, in whole or in part; and any other remedies available at law
or equity, including specific performance or injunctive relief.
5.2 Upon declaration of Default, the City may, but is not obligated to record a
lapse of plat. The recording of a lapse of plat shall result in the reversion
of the zoning for the lands affected to the designation in existence prior to
approval of the PUD. A lapse of plat shall terminate all previous approvals
and result the elimination of platted lots, if any, for the affected property.
A lapse of plat may only be filed in the event of Default and after Owner
is given an opportunity to cure.
6. General Provisions. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of Owner concerning the ownership or development
of the Property. Prior to assigning any or all of his rights and duties under this
Agreement Owner shall obtain from any transferee a written assumption
acknowledging and agreeing to be bound by this Agreement.
6.1 This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent
to which either party participated in the drafting.
6.2 Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims
arising with respect to later or subsequent breaches, acts or omissions.
6.3 The term "Agreement" includes this Improvements Agreement, the final
plat plan for the PUD, and all related design drawings, which documents
shall constitute the sole and complete Agreement between the parties the
Agreement shall supersede all prior Agreements or representations,
however evidenced. No modifications to any of the terms of this
Agreement shall be binding, unless reduced to writing and lawfully made
by both parties.
Page 3 of 6
Page 98 of 150
6.4 The place of performance of this Agreement is the City of Moab, Grand
County, Utah. In the event of any legal dispute concerning the subject of
this Agreement, the parties stipulate to venue in the Seventh Judicial
District Court, Grand County, Utah. In any such proceeding the parties
waive trial to a jury on all claims and agree that the action shall be tried to
the court.
6.5 In legal proceedings concerning the terms of this Agreement, the
substantially prevailing party shall be entitled to recover its reasonable
attorney fees and court costs in addition to any other relief authorized
herein.
6.6 This Agreement shall be governed by Utah law.
6.7 This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that (a) the PUD is a private
development; (b) the City of Moab has no interest in, responsibilities for,
or duty to third parties concerning any improvements to the Property,
unless the City accepts the improvements pursuant to this Agreement; and
(c) except as otherwise provided herein, Owner shall have full power and
exclusive control of the Property.
6.8 The provisions of this Agreement are severable, and if any portion should
be held to be void or unenforceable, then the remainder of this Agreement
shall be construed to be in full force without reference to the invalid
provision.
6.9 In the event of any legal dispute concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
6.10 All notices under this Agreement must be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Owner:
Mill Creek Village, LLC
c/o Andrew Riley
1100 Sandflats Road
Box 450
Moab, Utah 84532
Page 4 of 6
Page 99 of 150
Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time.
6.11 This Agreement shall be recorded in the Grand County land records until
such time as all provisions are performed, following which the City shall
record a notice of termination.
Page 5 of 6
Page 100 of 150
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab,
acting by and through the Moab City Council, which has duly authorized execution, and by
as of the date(s) specified below.
CITY OF MOAB
Mayor David L. Sakrison Date
ATTEST:
Rachel E. Stenta Date
OWNER:
Andrew Riley, Manager Date
for Mill Creek Village, LLC
Acknowledgement
STATE OF )
)§
COUNTY OF )
The foregoing agreement was executed before me by
this day of , 2012. Witness my hand and official seal. My commission
expires:
Notary Public
-x
Page 6 of 6
Page 101 of 150
EXHIBIT B
Improvements Cost Estimate Worksheet
MILL CREEK VILLAGE PHASE 1 AND WEST POWERHOUSE LANE TO MILL CREEK DRIVE
OPINION OF PROBABLE COST
SET Engineering, LLC
May 17, 2012
MILL CREEK VILLAGE PHASE 1
General Conditions
Unit
Quantity
Unit Cost
Total Cost
Mobilization/General Conditions
Lump Sum
1
$ 27,500.00
$ 27,500.00
Construction Surveying
Lump Sum
1
$ 7,500.00
$ 7,500.00
Record Drawin s
Lump Sum
1
$ 4,350.00
$ 4,350.00
Traffic Control I9
Lump Sum
1
$ 5,000.00
$ 5,000.00
Material Testing & Control
Lump Sum
1
$ 5,000.00
$ 5,000.00
Miscellaneous Demolition
Lump Sum
1
$ 2,500.00
$ 2,500.00
$ 51,850.00
Earthwork
Clearing and Grubbing
Acre
1
$ 1,250.00
$ 1,250.00
Excavation (Unclassified)
CY
1366
$ 10.00
$ 13,660.00
Embankment
CY
718
$ 10.65
$ 7,646.70
Stockpiling
CY
648
$ 5.85
$ 3,790.80
Saw Cut (Asphalt)
LF
31
$ 10.50
$ 325.50
Asphalt Removal
SY
988
$ 3.50
$ 3,458.00
$ 30,131.00
Roads
Subgrade/Native Grade Preparation/Reconditioning
SY
3014
$ 2.15
$ 6,480.10
3-inch Minus Aggregate Base Course (CDOT Class 2)
CY
303
$ 37.00
$ 11,211.00
3/4-inch Minus Aggregate Base Course (CDOT Class 6)
CY
603
$ 46.00
$ 27,738.00
Asphalt (HMA) I I
Tons
465
$ 105.00
$ 48,825.00
4-inch Concrete Flatwork (non -reinforced)
SY
507
$ 25.00
$ 12,675.00
6-inch Concrete Flatwork non -reinforced)
SY
33
$ 48.00
$ 1,584.00
Concrete Sidewalk Ramp Scorner)
EA
4
$ 1,100.00
$ 4,400.00
Concrete Driveway Ramp
EA
12
$ 705.00
$ 8,460.00
Curb and Gutter
LF
1428
$ 21.35
$ 30,487.80
4-foot Wide Concrete Pan
LF
26
$ 64.00
$ 1,664.00
Speed Table I
EA
2
$ 4,000.00
$ 8,000.00
Landscaping Bulb Out
EA
4
$ 750.00
$ 3,000.00
$ 164,524.90
Drainage
Sidewalk Chase
EA
1
$ 1,250.00
$ 1,250.00
Rip Rap D50 9-inch Median Size
CY
12
$ 65.00
$ 780.00
Outlet Structure
EA
1
$ 2,400.00
$ 2,400.00
Detention Pond
EA
1
$ 5,000.00
$ 5,000.00
Drainage Swale
LF
178
$ 28.00
$ 4,984.00
24" ADS Storm Drain
LF
100
$ 46.50
$ 4,650.00
$ 19,064.00
Water
8-inch Waterline (C-900)
LF
782
$ 28.75
$ 22,482.50
3/4-inch Water Service Line (Copper Type K)
EA
12
$ 1,500.00
$ 18,000.00
8-inch 45 degree bend (DIP)
EA
3
$ 425.00
$ 1,275.00
8-inch 22.5 degree bend (DIP)
EA
2
$ 425.00
$ 850.00
8-inch Vertical bend (DIP)lI
EA
2
$ 425.00
$ 850.00
Fire Hydrant Assembly
EA
3
$ 4,750.00
$ 14,250.00
Fire Hydrant Relocation
EA
1
$ 2,500.00
$ 2,500.00
8-inch Waterline Gale Valve
EA
3
$ 1,400.00
$ 4,200.00
8-inch Waterline Wet Tap
EA
2
$ 2,200.00
$ 4,400.00
Water & Sewer Crossings
EA
3
$ 1,000.00
$ 3,000.00
$ 71,807.50
Sewer
2" HDPE Low Pressure Main
LF
494
$ 30.00
$ 14,820.00
1-1/4" Low Pressure Service
EA
14
$ 900.00
$ 12,600.00
1-1/4" Service Line Boundary Valve
EA
2
$ 400.00
$ 800.00
Low Pressure Flushing Stations
EA
1
$ 2,000.00
$ 2,000.00
Tie-in to Existing Manhole
EA
1
$ 1,500.00
$ 1,500.00
r
$ 31,720.00
DRY UTILITIES
Gas
LF
550
$ 27.00
$ 14,850.00
Phone
LF
550
$ 5.00
$ 2,750.00
Electric
LF
550
$ 45.00
$ 24,750.00
Cable TV
LF
550
$ 5.00
$ 2,750.00
$ 45,100.00
MISCELLANEOUS
Signage
EA
19
$ 300.00
$ 5,700.00
Striping
Lump Sum
1
$ 3,000.00
$ 3,000.00
Street Lighting
EA
2
$ 1,720.00
$ 3,440.00
Landscaping (materials and
installation)
Lump Sum
1
$ 12,000.00
$ 12,000.00
Irrigation
Lump Sum
1
$ 3,000.00
$ 3,000.00
City Path
Lump Sum
1
$ 11,500.00
$ 11,500.00
$ 38,640.00
ENGINEERING DESIGN FOR POWERHOUSE LANE REBUILD
$ 9,000.00
MILL CREEK VILLAGE PHASE 1
TOTAL
461,837.40
REQUIRED BONDING AMOUNT (125 % OF TOTAL)
577,296.75
Page 102 of 150
EXHIBIT B
Improvements Cost Estimate Worksheet
Powerhouse Lane Rebuild
► 1-
GENERAL CONDITIONS
Mobilization/General Conditions
Lump Sum
1
$ 2,000.00
$ 2,000.00
Construction Surveying
Lump Sum
1
$ 5,000.00
$ 5,000.00
Record Drawings
Lump Sum
1
$ 500.00
$ 500.00
Traffic Control Ig
Lump Sum
1
$ 5,000.00
$ 5,000.00
Material Testing 8, Control
Lump Sum
1
$ 5,000.00
$ 5,000.00
$ 17,500.00
I(
ROAD
Asphalt Removal
SY
1300
$ 3.50
$ 4,550.00
Subgrade/Native Grade P eparation/Reconditioning
SY
2167
$ 2.15
$ 4,659.05
3-inch Minus Aggregate Base Course (CDOT Class 2)
CY
397
$ 37.00
$ 14,689.00
3/4-inch Minus Aggregate Base Course (CDOT Class 6)
CY
397
$ 46.00
$ 18,262.00
Asphalt(HMA)
Tons
371
$ 105.00
$ 38,955.00
24" CMP Storm Drain
LF
45
$ 50.00
$ 2,250.00
$ 83,365.05
MISCELLANEOUS
Signage
EA
4
$ 300.00
$ 1,200.00
Striping
Lump Sum
1
$ 1,000.00
$ 1,000.00
$ 2,200.00
Powerhouse
Lane Rebuild
TOTAL
103,065.05
Page 103 of 150
WHEN RECORDED, MAIL TO:
City of Moab
217 East Center Street
Moab, UT 84532
TRUST DEED
THIS TRUST DEED, made this day of
2012, between Mill Creek
Village, LLC, whose address is P.O. Box 450, Moab, Utah, 84532, TRUSTOR, Anderson Oliver
Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah municipality, as
BENEFICIARY.
Trustor conveys and warrants to Trustee in trust, with power of sale, the following
described property, situated in Grand County, State of Utah:
LOTS 1, 2, AND 16, PHASE I, MILL CREEK VILLAGE, ACCORDING TO THE OFFICIAL
PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND COUNTY.
Together with all buildings, fixtures and improvements thereon and all water rights,
rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances
used or enjoyed with said property, or any part thereof, subject to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and
profits;
For the purpose of securing: 1) partial payment of the indebtedness evidence by an
Improvements Agreement with the Beneficiary dated in the principal
sum of $277,296.75 made by Trustor, payable to the order of Beneficiary at the times, with
interest as set forth, and any extensions and/or renewals or modifications thereof; 2) the
performance of each agreement of Trustor in this document; 3) the payment of such additional
loans or advances as hereafter may be made to Trustor as provided in the Improvements
Agreement; and 4) the payment of all sums expended or advanced by Beneficiary under or
pursuant to the terms of this document, together with interest as provided.
Page 104 of 150
TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES:
1. To keep said property in good condition and repair; to not remove or demolish
any building on the property; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed; to comply with all laws,
land use regulations, covenants and restrictions affecting said property; to not commit or permit
waste of the property; to not commit or allow any act upon said property in violation of law; and
to do all other acts which from the character or use of said property may be reasonably
necessary.
2. To provide and maintain property and casualty insurance covering the property in
an amount not less than the total purchase price of $266,046.75 and covering all improvements
now existing or later erected or placed on the property. The property insurance policy shall
name the Beneficiary as an additional insured. In the event of a loss or casualty to the property,
Trustor shall give immediate notice to Beneficiary, who may make proof of loss, and each
insurance company concerned is hereby authorized and directed to make payment for such loss
directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds,
or any part thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness
secured by this document, or to the restoration or repair of the property.
3. To maintain with until the indebtedness secured hereby is paid in full, evidence of
unencumbered and marketable title in the property.
4. To appear in and defend any action or proceeding purporting to affect the security
of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and
should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to
pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or
Trustee.
2
Page 105 of 150
5. To timely pay, all taxes and assessments affecting said property, all special
assessments upon the property, and all other utility or other charges which may become a lien
against the property. Trustor further agrees to pay, when due, all encumbrances, charges and
liens with interest, affecting or encumbering the property.
6. Should Trustor fail to make any payment or to do any act as specified in this Trust
Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor
from any obligation hereof, may: 1) make payments or undertake such actions to such extent as
either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property
for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to
affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase,
contest, or compromise any encumbrance, charge, or lien which in the judgment of either
appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur
any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor,
including reasonable attorney fees.
7. To pay Beneficiary immediately and without demand all sums expended by
Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor
under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at
the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this
Trust Deed.
8. Should said property or any part thereof be taken or damaged by reason of any
public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of
any other casualty or government taking, Beneficiary shall be entitled to all compensation,
awards and other payments or relief therefor, and shall be entitled at its option to commence,
3
Page 106 of 150
appear in and prosecute in its own name, any action or proceedings, or to make any compromise
or settlement in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of real property
and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after
deducting therefrom all its expenses, including attorney's fees, apply the same toward
satisfaction of any indebtedness secured by this document. Trustor agrees to execute such
further assignments of any compensation, award, damages, and rights of action and proceeds as
Beneficiary or Trustee may require.
9. At any time and from time to time upon written request of Beneficiary, payment
of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement
(in case of full reconveyance for cancellation and retention), without affecting the liability of any
person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the
making of any map or plat of said property; b) join in granting any easement or creating any
restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or
the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property.
Nothing in this section shall be construed to require the Beneficiary to consent to the granting of
any such easement, conveyance, or similar action, consent to which shall rest in the
Beneficiary's sole discretion.
10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this
Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder,
Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to
default as they become due and payable. If Trustor shall default, Trustor's right to collect any of
such moneys shall cease and Beneficiary shall have the right, with or without taking possession
4
Page 107 of 150
( Q 0
of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance
of Beneficiary at any time or from time to time to collect any such moneys shall not in any
manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to
collect the same. None of the rights contained in this Trust Deed shall be construed to be an
affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or
Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such
tenancy, lease or option.
11. Upon any default by Trustor, Beneficiary may at any time without notice, either
in person or by a receiver to be appointed by a court (Trustor hereby consenting to the
appointment of Beneficiary as such receiver), and without regard to the adequacy of any security
for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and
profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, toward satisfaction of any
indebtedness secured by this Trust Deed.
12. The collection by Beneficiary rents or profits, or the proceeds of fire and other
insurance policies, or compensation or awards for any taking or damage of said property, shall
not constitute a cure or waiver by Beneficiary of any default under this Trust Deed.
13. The failure on the part of Beneficiary to promptly enforce any right arising under
this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to
declare default following any act or omission constituting default shall not constitute a waiver of
Beneficiary's rights as to any other or subsequent default. No modification of the terms of this
Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary
and Trustor.
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14. Time is of the essence with respect to all obligations in this Trust Deed. Upon
default by Trustor in the payment of any sums owing under this Trust Deed or in the
performance of any agreement or obligation in this Trust Deed or the Improvements Agreement,
all sums secured hereby shall immediately become due and payable at the option of Beneficiary.
In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice
of default and of election to cause said property to be sold to satisfy the obligations hereof, and
Trustee shall file such notice for record in each county wherein said property or some part or
parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements
Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior
to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who
shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the
default.
15. After the lapse of such time as may then be required by law following the
recordation of notice of default, and notice of default and notice of sale having been given as
required by law, Trustee, without demand on Trustor, shall sell said property on the date and at
the time and place designated in said notice of sale, either as a whole or in separate parcels, and
in such order as it may determine (but subject to any statutory right of Trustor to direct the order
in which such property, if consisting of several known lots or parcels, shall be sold), at public
auction to the highest bidder, the purchase price payable in good funds of the United States at the
time of sale. The person conducting the sale may, for any cause he deems necessary, postpone
the sale from time to time until it shall be completed and, in every case, notice of postponement
shall be given by public declaration by such person at the time and place last appointed for the
sale; provided, if the sale is postponed for longer than one day beyond the day designated in the
notice of sale, notice thereof shall be given in the same manner as the original notice of sale.
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0 I
Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser
its Deed conveying the property, but without any covenant or warranty, express or implied. Any
person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of
credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the
sale in the following order to payment of: 1) all reasonable costs and expenses associated with
the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or
secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to
the Trustor or any persons legally entitled thereto.
a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth
facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and
statements therein, and to act in conformity with this Trust Deed.
16. Alternately, upon the occurrence of any default Beneficiary shall have the option
to declare acceleration and all sums owing shall be immediately due and payable and Trustee
shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure
of mortgages on real property.
17. Beneficiary may appoint a successor trustee at any time by recording in the Grand
County land records a notice of substitution of trustee. From the time the substitution is filed for
record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee
named herein or of any successor trustee. Notice shall be given to the Trustor in the manner
provided by law.
18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their
heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor
hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder,
including any assignee of the Improvements Agreement and Trust Deed.
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19. Trustee accepts this Trust when this Trust Deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any
party hereto of a pending sale under any other Trust Deed or of any action or proceeding in
which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee.
20. This Trust Deed or any rights, title, or interest in the property conveyed in trust
shall not be assigned or conveyed by Trustor without the advance written consent of the
Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported
grant of interest in the subject property by Trustor, in whole or in part, or by operation of law
without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as
well as those due under the Improvements Agreement shall be due in full. There shall be no
assumption of the terms of the Improvements Agreement or this Trust Deed by any other person,
in whole or in part, without the advance written consent of the Beneficiary.
21. Default shall be defined to be any failure or omission on the part of the Trustor to
perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or
the Improvements Agreement.
22. This Trust Deed shall be construed according to the laws of the State of Utah.
Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the
courts of Grand County, Utah.
23. Trustor hereby waives any claim to a homestead exemption with respect to the
real property covered by this Trust Deed.
24. The remedies in this Trust Deed and the Improvements Agreement are distinct
from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may
be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are
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severable, and in the event any such provision shall be found to be in conflict with applicable
law, it shall be stricken, and the remainder enforced to the full extent provided.
25. Beneficiary shall be entitled to inspect the property at reasonable times and with
reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust
Deed.
26. The Trustor requests that a copy of any notice of default and all other notices
under this Trust Deed or as required by law be mailed to the address first written above.
TRUSTOR:
Mill Creek Village, LLC
Andrew Riley, Manager
Acknowledgment
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
On the day of 2012 the foregoing Trust Deed was
personally executed before me by Andrew Riley, Manager of Mill Creek Village, LLC as
Trustor.
Witness my hand and official seal.
Notary Public, State of Utah
Address:
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0
WHEN RECORDED, MAIL TO:
City of Moab
217 East Center Street
Moab, UT 84532
TRUST DEED
THIS TRUST DEED, made this day of
2012, between Andrew
Addison Riley, whose address is P.O. Box 450, Moab, Utah, 84532, TRUSTOR, Anderson
Oliver Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah municipality,
as BENEFICIARY.
Trustor conveys and warrants to Trustee in trust, with power of sale, the following
described property, situated in Grand County, State of Utah:
PARCEL 1, POWER HOUSE SUBDIVISION, ADDITION NO. 2, A SUBDIVISION OF
TRACT B OF THE AMENDED PLAT OF POWER HOUSE SUBDIVISION, ACCORDING
TO THE OFFICIAL PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND
COUNTY.
Together with all buildings, fixtures and improvements thereon and all water rights,
rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances
used or enjoyed with said property, or any part thereof, subject to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and
profits;
For the purpose of securing: 1) partial payment of the indebtedness evidence by an
Improvements Agreement with the Beneficiary dated in the principal
sum of $300,000, made by Trustor, payable to the order of Beneficiary at the times, with interest
as set forth, and any extensions and/or renewals or modifications thereof; 2) the performance of
each agreement of Trustor in this document; 3) the payment of such additional loans or advances
as hereafter may be made to Trustor as provided in the Improvements Agreement; and 4) the
Page 113 of 150
payment of all sums expended or advanced by Beneficiary under or pursuant to the terms of this
document, together with interest as provided.
TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES:
1. To keep said property in good condition and repair; to not remove or demolish
any building on the property; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed; to comply with all laws,
land use regulations, covenants and restrictions affecting said property; to not commit or permit
waste of the property; to not commit or allow any act upon said property in violation of law; and
to do all other acts which from the character or use of said property may be reasonably
necessary.
2. To provide and maintain property and casualty insurance covering the property in
an amount not less than the total purchase price of $300,000 and covering all improvements now
existing or later erected or placed on the property. The property insurance policy shall name the
Beneficiary as an additional insured. In the event of a loss or casualty to the property, Trustor
shall give immediate notice to Beneficiary, who may make proof of loss, and each insurance
company concerned is hereby authorized and directed to make payment for such loss directly to
Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds, or any part
thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness secured by
this document, or to the restoration or repair of the property.
3. To maintain with until the indebtedness secured hereby is paid in full, evidence of
unencumbered and marketable title in the property.
4. To appear in and defend any action or proceeding purporting to affect the security
of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and
should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to
2
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b-ta
pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or
Trustee.
5. To timely pay, all taxes and assessments affecting said property, all special
assessments upon the property, and all other utility or other charges which may become a lien
against the property. Trustor further agrees to pay, when due, all encumbrances, charges and
liens with interest, affecting or encumbering the property.
6. Should Trustor fail to make any payment or to do any act as specified in this Trust
Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor
from any obligation hereof, may: 1) make payments or undertake such actions to such extent as
either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property
for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to
affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase,
contest, or compromise any encumbrance, charge, or lien which in the judgment of either
appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur
any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor,
including reasonable attorney fees.
7. To pay Beneficiary immediately and without demand all sums expended by
Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor
under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at
the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this
Trust Deed.
8. Should said property or any part thereof be taken or damaged by reason of any
public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of
3
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(ij
any other casualty or government taking, Beneficiary shall be entitled to all compensation,
awards and other payments or relief therefor, and shall be entitled at its option to commence,
appear in and prosecute in its own name, any action or proceedings, or to make any compromise
or settlement in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of real property
and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after
deducting therefrom all its expenses, including attorney's fees, apply the same toward
satisfaction of any indebtedness secured by this document. Trustor agrees to execute such
further assignments of any compensation, award, damages, and rights of action and proceeds as
Beneficiary or Trustee may require.
9. At any time and from time to time upon written request of Beneficiary, payment
of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement
(in case of full reconveyance for cancellation and retention), without affecting the liability of any
person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the
making of any map or plat of said property; b) join in granting any easement or creating any
restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or
the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property.
Nothing in this section shall be construed to require the Beneficiary to consent to the granting of
any such easement, conveyance, or similar action, consent to which shall rest in the
Beneficiary's sole discretion.
10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this
Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder,
Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to
4
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default as they become due and payable. If Trustor shall default, Trustor's right to collect any of
such moneys shall cease and Beneficiary shall have the right, with or without taking possession
of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance
of Beneficiary at any time or from time to time to collect any such moneys shall not in any
manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to
collect the same. None of the rights contained in this Trust Deed shall be construed to be an
affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or
Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such
tenancy, lease or option.
11. Upon any default by Trustor, Beneficiary may at any time without notice, either
in person or by a receiver to be appointed by a court (Trustor hereby consenting to the
appointment of Beneficiary as such receiver), and without regard to the adequacy of any security
for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and
profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, toward satisfaction of any
indebtedness secured by this Trust Deed.
12. The collection by Beneficiary rents or profits, or the proceeds of fire and other
insurance policies, or compensation or awards for any taking or damage of said property, shall
not constitute a cure or waiver by Beneficiary of any default under this Trust Deed.
13. The failure on the part of Beneficiary to promptly enforce any right arising under
this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to
declare default following any act or omission constituting default shall not constitute a waiver of
Beneficiary's rights as to any other or subsequent default. No modification of the terms of this
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Page 117 of 150
Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary
and Trustor.
14. Time is of the essence with respect to all obligations in this Trust Deed. Upon
default by Trustor in the payment of any sums owing under this Trust Deed or in the
performance of any agreement or obligation in this Trust Deed or the Improvements Agreement,
all sums secured hereby shall immediately become due and payable at the option of Beneficiary.
In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice
of default and of election to cause said property to be sold to satisfy the obligations hereof, and
Trustee shall file such notice for record in each county wherein said property or some part or
parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements
Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior
to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who
shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the
default.
15. After the lapse of such time as may then be required by law following the
recordation of notice of default, and notice of default and notice of sale having been given as
required by law, Trustee, without demand on Trustor, shall sell said property on the date and at
the time and place designated in said notice of sale, either as a whole or in separate parcels, and
in such order as it may determine (but subject to any statutory right of Trustor to direct the order
in which such property, if consisting of several known lots or parcels, shall be sold), at public
auction to the highest bidder, the purchase price payable in good funds of the United States at the
time of sale. The person conducting the sale may, for any cause he deems necessary, postpone
the sale from time to time until it shall be completed and, in every case, notice of postponement
shall be given by public declaration by such person at the time and place last appointed for the
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Page 118 of 150
sale; provided, if the sale is postponed for longer than one day beyond the day designated in the
notice of sale, notice thereof shall be given in the same manner as the original notice of sale.
Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser
its Deed conveying the property, but without any covenant or warranty, express or implied. Any
person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of
credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the
sale in the following order to payment of: 1) all reasonable costs and expenses associated with
the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or
secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to
the Trustor or any persons legally entitled thereto.
a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth
facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and
statements therein, and to act in conformity with this Trust Deed.
16. Alternately, upon the occurrence of any default Beneficiary shall have the option
to declare acceleration and all sums owing shall be immediately due and payable and Trustee
shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure
of mortgages on real property.
17. Beneficiary may appoint a successor trustee at any time by recording in the Grand
County land records a notice of substitution of trustee. From the time the substitution is filed for
record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee
named herein or of any successor trustee. Notice shall be given to the Trustor in the manner
provided by law.
18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their
heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor
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hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder,
including any assignee of the Improvements Agreement and Trust Deed.
19. Trustee accepts this Trust when this Trust Deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any
party hereto of a pending sale under any other Trust Deed or of any action or proceeding in
which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee.
20. This Trust Deed or any rights, title, or interest in the property conveyed in trust
shall not be assigned or conveyed by Trustor without the advance written consent of the
Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported
grant of interest in the subject property by Trustor, in whole or in part, or by operation of law
without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as
well as those due under the Improvements Agreement shall be due in full. There shall be no
assumption of the terms of the Improvements Agreement or this Trust Deed by any other person,
in whole or in part, without the advance written consent of the Beneficiary.
21. Default shall be defined to be any failure or omission on the part of the Trustor to
perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or
the Improvements Agreement.
22. This Trust Deed shall be construed according to the laws of the State of Utah.
Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the
courts of Grand County, Utah.
23. Trustor hereby waives any claim to a homestead exemption with respect to the
real property covered by this Trust Deed.
24. The remedies in this Trust Deed and the Improvements Agreement are distinct
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from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may
be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are
severable, and in the event any such provision shall be found to be in conflict with applicable
law, it shall be stricken, and the remainder enforced to the full extent provided.
25. Beneficiary shall be entitled to inspect the property at reasonable times and with
reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust
Deed.
26. The Trustor requests that a copy of any notice of default and all other notices
under this Trust Deed or as required by law be mailed to the address first written above.
TRUSTOR:
Andrew Addison Riley
Acknowledgment
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
On the day of , 2012 the foregoing Trust Deed was
personally executed before me by Andrew Addison Riley, as Trustor.
Witness my hand and official seal.
Notary Public, State of Utah
Address:
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G 1a
NATIONAL BENEFITS RVICES, LLC
Customer Care ■ Knowledge and Expertise Organizational Excellence
NB HEALTH SAVINGS ACCOUNT (HSA)
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement ("Agreement") is entered into effective June 1, 2012, (the Effective Date'),
by and between National Benefit Services, LLC, a Utah limited liability corporation ("Business Associate"), on
the one hand, and Moab City Corporation HSA ("Covered Entity"), with reference to the following recitals:
RECITALS
WHEREAS, Covered Entity is an employee welfare benefit plan that provides health care to the
employees of Moab City Corporation;
WHEREAS, Business Associate is a third party administrator providing services to the Covered Entity;
WHEREAS, Business Associate's services are required and have been retained in connection with the
administration of the benefits offered by Covered Entity;
WHEREAS, in the course of providing services to Covered Entity, Business Associate may perform
functions or activities involving the use or disclosure of PHI pertaining to participants and beneficiaries of
Covered Entity;
WHEREAS, the Secretary of Health and Human Services has issued regulations requiring a contract
between Covered Entity and Business Associate in order to protect against the unauthorized use and
disclosure of PHI by Business Associate;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
I. DEFINITIONS
a. Breach. "Breach" shall have the same meaning as the term "Breach" in 45 CFR §164.402.
b. HSA Plan Service Agreement. "HSA Plan Service Agreement" shall mean any agreement between
Business Associate and Covered Entity either executed contemporaneously with, or already in effect at
the time of execution of, this Agreement for the provision of services by the Business Associate on
behalf of the Covered Entity.
c. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR §
164.502(g).
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d. Notification Procedures. "Notification Procedures" shall mean those procedures required to be taken by
the Business Associate in the event of a Breach of Unsecured PHI under 45 CFR §164.410.
e. PHI. "PHI" shall mean "Protected Health Information" as defined in 45 CFR §160.103, limited to the
information created or received by Business Associate from or on behalf of Covered Entity.
f. Required By Law. "Required By Law' shall have the same meaning as the term "required by law" in 45
CFR §164.103.
g. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his
designee.
h. Standards for Security and Privacy. "Standards for Security and Privacy" shall mean the Standards for
Privacy of Individually Identifiable Health Information at 45 CFR Parts 160 and 164.
i. Undefined Terms. Terms used, but not otherwise defined, in this Agreement shall have the same
meaning as those terms in the Standards for Security and Privacy.
j. Unsecured PHI. "Unsecured PHI" shall mean "unsecured protected health information" as defined in
45 CFR §164.402.
II. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose PHI other than as permitted or required by the HSA
Plan Service Agreement or as Required by Law.
b. Business Associate agrees to use appropriate administrative, technical, and physical safeguards to
prevent use or disclosure of the PHI other than as provided for by this Agreement. Business Associate
agrees to reasonably safeguard PHI from any intentional or unintentional use of disclosure in violation
of this Agreement and the Standards for Security and Privacy. Business Associate agrees to
reasonably safeguard PHI to limit incidental uses or disclosures made pursuant to an otherwise
permitted or required use or disclosure.
c. Business Associate agrees to comply with the Notification Procedures in the case of Breach. If
expediency warrants, Business Associate will notify Covered Entity within 5 business days of any
Breach.
d. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides
PHI received from, or created or received by Business Associate on behalf of, Covered Entity agrees to
the same restrictions and conditions that apply through this Agreement to Business Associate with
respect to such information.
e. Business Associate agrees to make available to Covered Entity or to the Secretary all internal practices,
books, and records relating to the use and disclosure of PHI received from, or created or received by
Business Associate on behalf of Covered Entity. This information will be provided within thirty (30)
days, or such other time designated by the Secretary, of receiving a written request stating that the
information is required to determine the Covered Entity's compliance with the Standards for Security
and Privacy. As used in this term, "internal practices, books and records" include policies and
procedures for protection of PHI.
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6-1:.
f. Business Associate agrees to document such disclosures of PHI and information related to such
disclosures as would be required for Covered Entity to respond to a request by an Individual for an
accounting of disclosures of PHI in accordance with 45 CFR §164.528.
g•
Business Associate agrees to provide to Covered Entity or an Individual, in time and manner within
thirty (30) days of receiving written request, information collected in accordance with Section f of this
Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of
disclosures of PHI in accordance with 45 CFR § 164.528.
h. Business Associate agrees to be familiar and comply with any applicable state privacy laws which are
more stringent than the Standards for Security and Privacy.
i. Business Associate agrees to be familiar and comply with any record retention requirements
applicable to either Business Associate or Covered Entity and contained in any federal or state law or
regulation, including the Employee Retirement Income Security Act of 1974.
Business Associate agrees to provide Covered Entity, or its designated agent, during regular business
hours, with access to the records of Business Associate for the purpose of conducting Standards for
Security and Privacy compliance audits. For this purpose Business Associate will make available
internal practices, books, and records, including policies and procedures and PHI, relating to the use
and disclosure of PHI received from, or created or received by Business Associate on behalf of,
Covered Entity.
k. Business Associate agrees not to use PHI for any independent purpose or any purpose not specifically
authorized by the terms of this Agreement and the Standards for Security and Privacy.
1. Business Associate agrees to comply, to the extent they do not conflict with the Standards for Security
and Privacy, with the terms and provisions of Covered Entity's plan document.
m. Business Associate is permitted to create, receive, maintain, or transmit electronic PHI on Covered
Entity's behalf, but agrees to appropriately safeguard the electronic PHI ("ePHI") as required by 45
CFR §§ 164.306, 164.308(b), & 164.314(a). Business Associate shall (i) implement administrative,
physical, and technical safeguards that reasonably and appropriately protect the confidentiality,
integrity, and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of
Covered Entity; (ii) ensure that any agent, including a subcontractor, to whom it provides such
information agrees to implement reasonable and appropriate safeguards to protect it; and (iii) report
to Covered Entity any security incident of which it becomes aware.
n. Business Associate is permitted to electronically transmit PHI it creates, receives, or maintains, but
agrees to do so pursuant to the Electronic Data Interchange regulations issued by the Centers for
Medicare and Medicaid Services.
III. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, Business
Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of,
Covered Entity as specified in HSA Plan Service Agreement with National Benefit Services, LLC,
provided that such use or disclosure would not violate the Standards for Security and Privacy if done
by Covered Entity or the minimum necessary policies and procedures of the Covered Entity.
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6-1
IV. OBLIGATIONS OF COVERED ENTITY
a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of
Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect
Business Associate's use or disclosure of PHI.
b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by
Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use
or disclosure of PHI.
c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that
Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction
may affect Business Associate's use or disclosure of PHI.
V. PERMISSIBLE REQUESTS BY COVERED ENTITY
Covered Entity shall not request that Business Associate use or disclose PHI in any manner that would
not be permissible under the Standards for Security and Privacy if done by Covered Entity.
VI. TERM AND TERMINATION
a. Term. The Term of this Agreement shall begin as of the Effective Date, and shall terminate when all
PHI provided by Covered Entity to Business Associate, or created or received by Business Associate
on behalf of Covered Entity, is destroyed or returned to Covered Entity.
b. Termination for Cause. If Covered Entity determines that Business Associate has violated a material
term of this agreement, Covered Entity shall provide Business Associate with an opportunity to cure
the breach or end the violation. If Business Associate does not cure the breach or end the violation
without unreasonable delay (in no event shall such cure period extend beyond sixty (60) days)
Covered Entity shall terminate this agreement.
c. Effect of HSA Plan Service Agreement Termination.
(i)
Except as provided in subsection (ii) below, upon termination of the HSA Plan Service
Agreement, for any reason, Business Associate shall return or destroy all PHI received from
Covered Entity, or created or received by Business Associate on behalf of Covered Entity.
This provision shall apply to PHI that is in the possession of subcontractors or agents of
Business Associate. Business Associate shall retain no copies of the PHI.
(ii) Destruction of information created or received by Business Associate on behalf of Covered
Entity is permitted only in the event such destruction does not conflict with record retention
requirements contained in federal or state law, including the Internal Revenue Code or
Employee Retirement Income Security Act of 1974. In the event that Business Associate
determines that returning or destroying the PHI is not permitted or is infeasible, Business
Associate shall extend the protections of this Agreement to such PHI and limit further uses
and disclosures of such PHI to those purposes that make the return or destruction infeasible,
for so long as Business Associate maintains such PHI.
4
Page 125 of 150
6-1
VII. MISCELLANEOUS
a. Regulatory References. A reference in this Agreement to a section in the Standards for Security and
Privacy means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time
to time as is necessary for Covered Entity to comply with the requirements of the Standards for
Security and Privacy and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
104-191. This Agreement may not be amended except by a writing signed by both parties.
c. Survival. The respective rights and obligations of Business Associate under Section VI(c) of this
Agreement shall survive the termination of this Agreement.
d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply
with the Standards for Security and Privacy.
e. Counterparts. This Agreement may be executed in counterparts which, taken together, shall constitute
the whole of this Agreement between the parties.
f. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and
their respective successors, heirs, and assigns.
g. Conferring Rights or Remedies. Except as may be expressly set forth herein, the parties do not intend to
confer any rights or remedies upon any person other than the parties to this Agreement.
h. Counsel. Each party to this Agreement has had the opportunity to consult with counsel of its choice as
to the form and content of this Agreement and the advisability of executing it. The normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party will not be
employed in any interpretation of this Agreement.
i. Attorneys' Fees and Costs. Except as otherwise specifically provided by law, all legal and other costs
and expenses incurred in connection with this Agreement and the transactions contemplated hereby,
including without limitation legal and accounting fees, shall be paid by the party incurring such
expenses. In the event of any litigation or arbitration between the parties respecting or arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs,
whether or not any litigation proceeds to final judgment or determination.
j. Authorized Signature. Each party has authorized its undersigned representative whose signature
appears below to execute this Agreement on that party's behalf.
k. Notices. Any notice, demand, or request given in accordance with this Agreement shall be given by
personal delivery; by messenger delivery; by facsimile transmission; by placing said notice in the
United States mail, registered or first-class, postage prepaid; or by sending such notice via an
overnight courier service. Notice shall be deemed given when delivered to a party, when the facsimile
transmission occurs, or on the date when said notice is deposited in the United States mail, postage
prepaid. The current mailing addresses and facsimile numbers where notice may be served upon the
parties are:
5
Page 126 of 150
6-1:
For Business Associate:
National Benefit Services , LLC
P.O. Box 6980
West Jordan, UT 84084
Facsimile: 801.355.0928
For Covered Entity:
Moab City Corporation
217 East Center Street
Moab, UT 84532
(435)259-0600
Any change of address or facsimile will be delivered to the other party within thirty (30) days of the
change.
1. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, as well as its
affiliates, agents, officers, employees, plan sponsors, plan administrators, directors, and shareholders,
from and against any and all claims, suits, hearings, actions, damages, liabilities, fines, penalties
(including any civil penalties under the Standards for Security and Privacy), costs, losses, or expenses,
including reasonable attorneys' fees, caused by or resulting from any breach of this Agreement,
including but not limited to any misconduct, error, omission, or other unauthorized act by the party in
the performance of obligations under this Agreement, or by the party's affiliates, agents, officers,
employees, sponsors, directors, and shareholders, except to the extent that such alleged misconduct,
act, error, omission, or other unauthorized or improper act is primarily attributable to another party to
this Agreement.
M.
n.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under such law, such provision shall be ineffective to the extent of such
prohibition or invalidity without invalidating the remainder of such provision or the remaining
provisions of this Agreement, each of which shall continue to be valid and binding upon the parties.
Waiver. A waiver by any party of any of the terms and conditions of this Agreement in any one
instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of
any subsequent breach thereof, nor shall it be deemed a waiver of performance of any other obligation
hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year
above written.
BUSINESS ASSOCIATE:
COVERED ENTITY:
Moab City Corporation
(Authorized Signer for Employer)
B: B
Y Y:
Name: Paul R. Lovell Name:
Title: President Title:
Date: June 1, 2012 Date:
6
Page 127 of 150
SERVICE AGREEMENT
NATIONAL BENEFIT S RVICES, LLC
Customer Care • Knowledge and Expertise Organizational Excellence
NBS HSA PLAN
SERVICE AGREEMENT
Employer: Moab City Corporation
Plan: Moab City Corporation Health Savings Account
1. Engagement. The above named employer ("Employer") hereby retains National Benefit Services,
LLC ("NBS"), a Utah limited liability company, (collectively referred to as the "parties" herein),
to provide services for the above -named HSA plan (Plan) according to the terms and conditions
contained in this Service Agreement ("Agreement").
2. Services and Fees. NBS will provide the record -keeping and administration services for the Plan
which are identified in Schedule A attached hereto, and which include allocation of funds
transmitted to NBS from Employer and Plan participants, and preparation and provision of all
documents required under federal law for the particular type and status of plan which Employer
has elected to provide its employees. The fees charged to the Plan for these services are itemized
on Schedule B. Services and Fees will not be changed without thirty (30) days prior written
notice.
3. Employer Obligations to NBS. Employer shall:
A. Provide NBS with all information which NBS, in its discretion, considers necessary for
NBS to perform its administrative and record -keeping duties for the Plan. This includes:
i. Providing NBS a report containing amounts Employer has withheld from each
participant's pay for purpose of the participant's HSA account
ii. Sending to NBS all completed change of status forms as soon as they are received
by Employer. In no event will submission of change of status forms be
considered timely if they are received more than thirty (30) days after execution
Providing complete information regarding all employees for the entire year in
preparation for annual plan testing, and for the purpose of preparing Employer's
annual return/report (also referred to herein as "Form 5500"). Should the
required information necessary to perform annual administration not be received
prior to 30 days of the annual return/report due date, including extensions,
Page 128 of 150
6-14
Employer will be assessed an extra charge in the amount of 10% of the per -capita
fee for that year. Additionally, should it be necessary for NBS to repeat any
calculations because of incomplete or incorrect data furnished to NBS, NBS will
bill the Employer for extra hourly work incurred in performing the additional
work required as specified in Schedule 'B'. In some instances, a Form 5500 will
not be necessary for the Employer to file, NBS will work with Employer to
determine the need for this annual report.
B. Verify all Employee and Employer information in reports and notices which NBS
produces are accurate and consistent with Employer's own records, consistent with
Employer's role as the Plan's sponsor.
C. Distribute to Employees participant Summary Plan Descriptions (SPDs), notices and
reports as required.
D. In conjunction with the report submitted pursuant to Paragraph 3.A.i, above, remit to
NBS, by check, wire, or Automated Clearing House (ACH) credit transfer, a payment
from the Employer's general funds which equals the total amount withheld from all
participants' pay for the pay period referenced in the report.
E. If Employer utilizes a Cafeteria Account, Employer will maintain a positive balance in
Employer's Cafeteria Account at all times. By January 1, of each plan year, remit funding
equal to at least 5% of the total annual elections to NBS. If participant claims exceed the
amount of funds received from Employer at any time during the year, NBS will notify
Employer of the deficit. Within 7 days of receipt of notice, Employer shall, by any of the
methods listed in 3.D above, remit to NBS sufficient funds to make the account whole.
The employer may request a withdrawal of any prefunding at any time after the first
month of the plan year so long as NBS has sufficient funding for claim payment.
Should Employer's Cafeteria Account balance remain negative for more than 30 days,
NBS retains the right to either terminate its services to the plan, or to require pre -
funding of the plan equal to one-half of the aggregate annual election by all plan
participants. NBS is not a lender, nor does it advance any funding. Even in the event
of Plan closure or termination, or termination of NBS services, all amounts owing to
the plan must be paid together with any costs incurred by NBS to enforce payment.
As Plan sponsor, Employer has a legal obligation to ensure that its employees have received the
benefits described in the plan documents as well as in the SPD each employee receives. Failure to
pay adequate funds to NBS to enable NBS to reimburse claims makes it impossible for NBS to
continue to assist Employer in meeting its legal obligations to employees.
F. Ensure payment to NBS of all fees and costs associated with the Plan, either through the
Plan or by Employer.
G. Where Debit Cards are elected:
SERVICE AGREEMENT - HSA PAGE 2 OF 6
Page 129 of 150
i. Pre -fund 10% of the total annual elections to cover debit card transactions. This
prefund may consist of any prior year forfeitures.
ii. Take on liability for "force post transactions" by merchants to the debit card. As
used in this section, a "force post transaction" occurs any time a merchant causes
a charge to post to a debit card which exceeds the amount available to for the
participant's use.
iii. Require Participants to acquire and retain sufficient documentation for any non-
IIAS expenses paid with a debit card, including invoices and receipts, where
appropriate, and facilitate submission of such documentation to NBS upon NBS
request. Such documentation must demonstrate, at a minimum, (1) the service or
product provided; (2) the date of service or sale; and (3) the amount.
iv. Assist NBS in correcting account deficits occurring due to improper payment
from the debit card. These efforts may include, as necessary, the following: (1)
requiring the employee to pay back to the plan an amount equal to the improper
payment; (2) withholding from employee's wages or other compensation an
amount equal to the improper payment, or any outstanding portion thereof; (3)
utilizing a claims substitution or offset approach.
v. Where violations of the terms of the card agreement have occurred, other actions
may be required to ensure that further violations of the terms of the card do not
occur, including denial of access to the card until the indebtedness is repaid by
the employee.
vi. Notify NBS of any terminations or change in employment status of any debit
card plan participant. Employer will indemnify NBS for any liability which may
arise from Employer's failure to notify NBS of any such employment status
change.
H. Disclose all related businesses and associations. Employer will obtain certification from
competent counsel that no control group issues exist with any affiliation(s) which the
Employer maintains.
The Internal Revenue Code contains complex rules governing business
associations, such as controlled groups, affiliated groups, employee lease
arrangements and management organizations. These rules may impact the
qualified status of your plan and its operation. NBS does not provide analysis or
determine the effect of these rules on your plan. You must seek competent legal
counsel if you maintain any business associations.
I. Notify NBS of any changes in business structure or organization, including company
name change, ownership change, mergers or acquisitions or business entity change.
4. Billing Procedures and Collections. Consideration for providing the services elected shall be
payment of the initial fee (in accordance with the Fee Schedule attached hereto as Schedule 'B' &
SERVICE AGREEMENT - HSA PAGE 3 OF 6
Page 130 of 150
made a part of this Service Agreement), and for annual or other services (in accordance with said
Fee Schedule). In the event of plan termination, NBS will charge pro-rata for services provided
since the last anniversary date and prior to the date of termination, as well as the copying cost for
any duplicate records requested and all other costs associated with transfer of records. Fees for
services rendered are payable by Employer upon receipt of statement for services. If NBS does
not receive payment in full within thirty (30) days of the statement date, Employer's account shall
be subject to a FINANCE CHARGE of 1.5% per month (18%APR).
Should it become necessary for NBS to employ an attorney to assist in the collection of fees billed
to the Employer, or to enforce the terms of this agreement, Employer shall pay all resulting
collection costs and attorney fees. The Plan shall not be charged for any of these expenses.
5. Indemnification. Employer agrees to defend, hold harmless and indemnify NBS from all liability
arising from Employer's failure to satisfy the obligations under this agreement. The
indemnification includes the expenses of defending or settling any court proceeding brought
against NBS by any third party. Employer is not required to indemnify NBS for any liability for
which NBS is found to be solely responsible.
6. Term. This Agreement is for provision of services for an initial period of up to one year,
coinciding with the end of the plan year, as identified in the plan. The agreement automatically
renews annually thereafter on the first day of the plan year. This Agreement may be terminated
at any time upon provision of not less than 60-days advance written notice. Notice mailed by
certified mail to the last known address will be deemed sufficient notice of termination of the
Agreement.
7. Integration and Severability. This Service Agreement, together with the current versions of all
attachments hereto represents the entire agreement of the parties, and supersedes any prior
agreement as to the subject matter contained herein. In the event that any provision or portion of
this agreement is declared void or unenforceable in a court of law, the remaining provisions of
this contract shall remain binding upon the parties as if the void or unenforceable provision had
not been included.
SPECIAL CONDITIONS
8. By signing below, the parties acknowledge that NBS' provision of record -keeping and
administrative services hereunder is not intended to make NBS a Plan Administrator or a
Fiduciary to the Plan as those terms are defined in ERISA § 3. The parties further acknowledge
that this agreement does not grant to NBS any discretionary authority or control respecting
management or administration of the Plan. The parties understand that NBS provides no
accounting services outside of the record -keeping services required for the Plan. NBS does not
provide legal services. Accordingly, all plan documents and forms completed by NBS should be
reviewed by competent legal counsel.
SERVICE AGREEMENT - HSA PAGE 4 OF 6
Page 131 of 150
9. For provision of all services selected by the employer and provided by NBS, time is of the
essence. Failure by the Employer to comply with the timing provisions specifically identified
herein shall constitute a violation of the terms of this agreement. In the context of Employer's
provision of information, in no event is the furnishing of information considered timely if it
occurs beyond the deadline specified in the request for information. For most plans, NBS
requires information necessary to perform year-end testing no later than one month following the
end of the plan year. Other deadlines may apply depending upon the type of Plan, which will be
identified with specificity in notices provided to the Employer.
10. Form of Notice. Notice of termination of the Plan shall be in the manner prescribed in paragraph
6. All other notices required or identified herein must be in writing and conveyed to the other
party in the manner best -calculated to provide the recipient with actual notice. If notice is
conveyed by email, sender shall require proof of receipt. Notice will at a minimum convey what
action is required to be taken by the party receiving the notice, and will specify a clear deadline
for compliance.
11. Format of Documents. All documents to be provided pursuant to this contract, including
documents provided for the purpose of plan termination shall be provided electronically in either
PDF or Excel format.
12. Compliance/Breach. If Employer fails to comply with any of the terms and conditions contained
in the Service Agreement, Employer will be in breach of contract and NBS shall have the right to
cease immediately to provide any further services to Employer or Plan without waiving NBS'
right to receive payment for services rendered and costs incurred.
SERVICE AGREEMENT - HSA PAGE 5 OF 6
Page 132 of 150
IN WITNESS HEREOF, the parties hereto have executed this Service Agreement on the date below written.
Moab City Corporation
Signed:
Title:
Date:
NATIONAL BENEFIT SERVICES, L
Signed: p,„,,....oz. a.,.,0
Title: President
Date: June 1, 2012
SERVICE AGREEMENT - HSA PAGE 6 OF 6
Page 133 of 150
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-4135
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
DOUG MCELHANEY
KIRSTIN PETERSON
GREGG W. STUCKI
To: Mayor and City Council
From: Donna Metzler, City Manager
Date: May 18, 2012
Subject: Silver Sneakers Program and Healthways Provider Agreement
Please see the attached information from MRAC Director Terry Lewis regarding the Silver
Sneakers program and the Healthways Provider Agreement.
I have read through all of the materials regarding the program, along with the Healthways
Provider Agreement and recommend approval of the Agreement. The City has the resources
and capability to provide the services outlined in the Agreement. This program is a great
opportunity for our community to offer health fitness services to senior patrons that may not be
in a position to afford such services otherwise. The City's approval of the agreement sets in
motion the process for Healthways to review our facility to determine our final eligibility.
While this agreement does not entail purchasing any products or services from Healthways, I
thought that it would be appropriate for the City Council to approve the agreement because it
does involve the receipt of federal funds.
Thank you for your consideration.
ADM-MEM-12-05-002
Page 134 of 150
To: Donna Metzler, City Manager
From: Terry Lewis, Director, MRAC
Date: May 18, 2012
Re: Healthways SilverSneakers Program
�•
•••• •
•
Moab Re0.creation '': • ••••,
•••• & Aquatic Center •
•••••••
MEMORANDUM
The Healthways SilverSneakers Program is a fitness program designed exclusively for Medicare -eligible older adults.
The goal of the program is to reduce overall healthcare costs by improving the health and wellness of its participants
through a regular regimen of group exercise classes.
The Moab Recreation and Aquatic Center is applying for qualification as a participating facility in the SilverSneakers
Program. There are more than 9,000 participating locations nationwide. The MRAC meets the demographic
requirements of the program in that our community currently has over 500 Medicare members who are eligible to
receive the program's benefits.
Some of the benefits of becoming a participating facility in the SilverSneakers program are as follows:
➢ Healthways provides continuing staff training and support and all equipment necessary to implement the
group exercise classes at no cost to the City.
➢ The program is free to its members.
➢ The MRAC is compensated by Healthways on a per -visit basis at the rate of $3.00 to $3.50 per visit, with a
minimum monthly guarantee of $250.00. Ultimately, this has the potential to generate more revenue than is
generated by the existing senior rate, which is quite low. In addition, the program will make MRAC's
services more accessible to individuals on fixed incomes, enlarging the user base for that demographic.
➢ Healthways provides strategic marketing at no cost to the facility, attracting members and increasing
participation.
MRAC's responsibilities as a participating facility:
➢ Enroll all members, track their visits and submit a monthly report in order to receive compensation.
➢ Offer a minimum of two SilverSneakers classes per week.
➢ Designate qualified instructors and a Senior Advisor to serve members.
➢ Coordinate with Healthways management teams to implement success strategies.
➢ Maintain exclusivity; MRAC may not enter into any agreement with any other healthcare organization to
provide similar services to the public.
The MRAC has the capability to meet all requirements and it is my opinion that the MRAC, the City and the
community would benefit considerably by inclusion in this program. I recommend that MRAC enter into an
agreement with Healthways to provide the SilverSneakers program and that such program be implemented
expeditiously. There are many facilities around the country who have been trying for years to qualify as participating
facilities and that status is rarely granted. I feel that this Wahltit•portunity not to be missed.
co— 5
Dear Prospective Healthways Provider:
Healthways is pleased to present you with the attached Healthways Provider Agreement, providing an opportunity
for you to participate in the Healthways fitness provider network. Please note that the terms and conditions of the
agreement, including payment, are to remain strictly confidential. Healthways' execution of your submitted
agreement will be contingent on acceptance of your location into the Healthways network. Following receipt of
the signed agreement, Healthways will contact you regarding your opportunity to join the provider network.
Please use this fax cover sheet to fax the entire signed agreement and a copy of your location's certificate of
insurance to Healthways. To confirm receipt of your agreement, please call 1-800-295-4993 ext. 5182. You may
also mail the original documents to: Healthways Contracts Department, 1445 S. Spectrum Blvd., Suite 100,
Chandler, AZ 85286. We look forward to receiving your agreement application.
Confidential Fax Transmittal
To:
Fax Number:
Phone Number:
Healthways Contracts Department
1-800-728-8492 ext. 5182
From:
Number of Pages (including cover sheet):
Re: Application for Participation in the Healthways Provider Network
Yes, I am interested in participating in the Healthways provider network. I am attaching the following documents
for consideration:
✓ Entire signed, completed contract agreement
■ Sign and date the agreement
■ Complete one Exhibit A-1 for each location covered under the agreement (you may make copies of
the exhibit if necessary)
■ Complete Exhibit A-2
✓ Certificate of insurance evidencing a minimum of $1M general liability insurance
(Must show current policy number, expiration date, limits of liability and insured premises)
Comments:
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Page 136 of 150
Confidential
HEALTHWAYS PROVIDER AGREEMENT
This Agreement is entered into between AMERICAN HEALTHWAYS SERVICES, LLC, for itself and on behalf
of its subsidiaries (hereinafter referred to as "Healthways"), a Delaware corporation, and the undersigned Facility whose name
and other identifying information appear herein ("Facility"); and together, the "Parties." This Agreement replaces and
supersedes any other agreement between or among Facility and Healthways and its subsidiaries and affiliates for the
Healthways programs and products represented herein. Following the execution hereof, all such other agreements shall be
terminated on the effective date of this Agreement.
PREAMBLE
WHEREAS, Healthways has entered into agreements with health plans and other sponsoring organizations to provide
fitness services, benefits, and programs to eligible Members within an established network of fitness centers;
WHEREAS, Facility offers health and fitness programming and services;
WHEREAS, Healthways would like to include Facility, and Facility desires to be included, as a member of the network
of facilities for one or more Healthways products to provide subsidized basic fitness memberships and services, all on the terms
and conditions as hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual premises set forth above and the promises hereinafter appearing,
and for other good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged, the Parties
agree as follows:
1. Defmitions. The terms defined in this section shall have the meanings specified for all purposes of this Agreement.
a) "Agreement" means this Healthways Provider Agreement between Healthways and Facility and any amendments
thereto.
b) "Confidential Information" means all provisions of this Agreement and any business expertise, manuals, videos,
trade secrets, compensation and Sponsoring Organization Member information.
c) "Facility" means Facility and any additional participating locations of Facility as mutually agreed to and set forth in
Exhibit A, which have entered into this Agreement with Healthways to be part of its Healthways Network, on the terms
and conditions set forth herein.
d) "Healthways Network" means, collectively, all participating locations that have entered into a contract agreement with
Healthways to provide the Program.
e) "Member" means a Sponsoring Organization member, employee, dependent or other person eligible for the Program as
determined by the Sponsoring Organization's criteria.
f) "Program" means each of the Healthways programs described in the Program Schedules.
g)
"Program Schedule" means each, and "Program Schedules" shall mean all, of the program schedules attached to this
Agreement, and incorporated herein by reference, that describe the Healthways programs provided by Facility to
Members of Sponsoring Organizations. Healthways and Facility acknowledge and agree that notwithstanding any
other provision of this Agreement, Healthways may amend this Agreement upon sixty (60) days' prior written notice
to Facility to modify existing Program Schedules or to add one or more new Program Schedules, and that Facility
may decline participation in a new Program Schedule or decline proposed modifications to an existing Program Schedule
upon written notice to Healthways within such sixty (60) day period if such modified or new Program Schedule would
have a material adverse effect on Facility.
h) "Reference Guide" means the procedures and guidelines established by Healthways for participation in the
Healthways Network by Facility and under which the Program is administered. The Reference Guide, which shall be
provided to Facility prior to the commencement of this Agreement, is incorporated herein by reference; the
CIA FC V2011-2 1 of 11
Page 137 of 150
Confidential
Reference Guide may be periodically updated by Healthways and updated copies shall be provided to Facility from
time to time.
i) "Sponsoring Organization" means any organization, employer group, health plan or subset thereof that is contracted
with Healthways to provide the Program to its members and whose members may therefore utilize Facility in
accordance with the terms of this Agreement. Facility shall provide the Program to eligible Members of all
Sponsoring Organizations. Sponsoring Organization information shall be available to Facility, and such Sponsoring
Organization information shall be incorporated herein by reference.
J)
"Term" means the Initial Term of the Agreement and each successive one (1) year period as provided in the Term
section of this Agreement.
2. Duties and Obligations of Facility.
a) Acceptance to and Participation in the Healthways Network. Healthways' execution of this Agreement shall serve as
notice of Facility's acceptance into the Healthways Network. In order to become and remain a participant in the
Healthways Network, Facility shall throughout the Term of this Agreement comply with the Reference Guide, including
all quality assurance standards, operations, protocols, policies, procedures, follow-up guidelines, and health and safety
standards of Healthways.
b) Member Program Rights. Facility shall not impose any charges on Members for Program services covered under this
Agreement. At no charge to the Member, each Member shall establish and maintain a basic fitness membership with
unrestricted hours at Facility, provided that such individual remains a Member and this Agreement remains in effect. The
Program excludes programs and services offered by Facility which carry additional charges beyond basic fitness
membership services, such as racquetball, tennis, massage and similar fee -based activities. If a Member requests services
after being informed that the services are not covered under the Program, the Member shall be solely liable for payment.
c) Joint Marketing and Public Relations. Facility agrees to allow Healthways and Sponsoring Organization to use the name,
address, phone, amenities and web site information provided in Exhibit A in marketing and advertising materials and
campaigns. All marketing and advertising materials, and materials intended for distribution to Members prepared by
Facility that refer to the Program, Healthways, or Sponsoring Organization shall be approved by Healthways in writing
prior to their distribution. Facility agrees to make best efforts to coordinate all media communications through the
Healthways Public Relations Department, and immediately inform Healthways of all media inquiries regarding the
Program, Healthways, or Sponsoring Organization.
d) Limited Facility Use of Healthways Trademarks, Logos, and Copyrighted Materials. Facility agrees that for the Term of
this Agreement, all external marketing and advertising of all Healthways trademarked and service marked names, logos,
identities, formats, and materials, including the Program name, will first be approved in writing by Healthways, and that
at the conclusion of this Agreement, Facility shall cease all advertising, marketing, and references to the same.
e) Customer Service. Facility agrees that in the event any disagreement arises between Facility, Healthways and/or
Sponsoring Organization on any matter whatsoever, Healthways, Facility, and/or Sponsoring Organization or any subset
thereof shall work with the other party(ies) to reach a resolution of the disagreement, and no one shall involve Members
in any matter concerning such a disagreement.
f) Research Studies. Facility shall obtain prior written approval from Healthways for any research or clinical studies of
Members or the Program. Facility shall provide study findings and results to Healthways prior to any publication or
presentation of such findings or results.
g)
Membership Conversion. Facility agrees that Members eligible for a fully subsidized Program who are currently
members of Facility will be able to inactivate or "freeze" their memberships for the duration of this Agreement and
pay no monthly dues, cancellation fee, or other fees during the inactivation period so that they may attend Facility at
no charge under the Program. At the time this Agreement terminates, or if applicable Members terminate their
membership in Sponsoring Organization, those Members will then be responsible for the remaining terms of their
individual memberships with Facility. Facility shall not refuse or dissuade eligible Members from participating in
the Program.
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h) Healthways Network Reciprocity. For the Term of this Agreement, all Members utilizing the Program will be
allowed, after completing Program enrollment, to visit any and all Healthways Network participating locations
offering the Healthways Program for which they are eligible. Reciprocity rights under this Agreement shall not
include locations of Facility or other affiliated facilities not specifically set forth in Exhibit A.
i) Healthways Fitness Provider Portal. Facility shall work cooperatively with Healthways to create and maintain user
accounts on the web -based Healthways Fitness Provider Portal. Facility shall utilize the Healthways Fitness
Provider Portal to verify Member eligibility and to obtain and access Healthways materials, including Sponsoring
Organization information, training materials, Program forms, Program reports, and the Reference Guide.
3. Compensation. As payment for Program services, Healthways shall pay Facility according to the terms set forth in each
applicable Program Schedule attached hereto for services provided on or after the Program Ready Date. Compensation
paid by Healthways is inclusive of any and all taxes which Facility may be required to pay to any governmental
authority. Healthways will make payment to Facility via electronic funds transfer.
4. Term.
a) Initial Term and Ready Date. This Agreement will commence upon execution by the Parties, and shall continue in
full force and effect until December 31, 2012 ("Initial Term"), subject to cancellation as provided in the
Cancellation section below. Services to Members and payment for such services shall commence on a date
following the commencement of this Agreement that shall be communicated to Facility by Healthways ("Ready
Date").
b) Renewal of Agreement. This Agreement shall be automatically renewed for successive one year terms after the Initial
Term unless either party gives written notice of termination at least one hundred twenty (120) days prior to the expiration
of the Initial Term or the current renewal Term of the Agreement or unless the Agreement is canceled pursuant to the
Cancellation section below.
5. Cancellation.
a) Change in Terms; Poor Usage. Healthways retains, upon thirty (30) days' written notice, the right to terminate this
Agreement or the participation by Facility under any Program Schedule for any location of Facility in Exhibit A on the
basis of poor usage of Facility by Members or upon termination or change in terms of a Sponsoring Organization's
contract with Healthways. In the event Healthways removes Facility from the Healthways Network, Facility shall be
compensated per this Agreement for services rendered up to and including the date of cancellation.
b) Bankruptcy. Notwithstanding any provision in this Agreement, if at any time there shall be filed by or against a party to
this Agreement, in any court, tribunal, administrative agency, or any other forum having jurisdiction, pursuant to any
applicable law, either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or
for the appointment of a receiver, trustee, or conservator of all or a portion of the party's property, or if a party makes an
assignment for the benefit of creditors, and if this action is not dismissed after ninety (90) calendar days, this Agreement
may be immediately canceled and terminated by the other party.
c) Material Breach. Either party may terminate this Agreement by providing the other party with a minimum of thirty
(30) days' prior written notice in the event the other party commits a material breach of any provision of this
Agreement. The notice must specify the nature of said material breach. The breaching party shall have thirty (30)
days from receipt of the notice to correct the material breach. In the event the breaching party fails to cure the
material breach within the thirty (30) day period, this Agreement shall automatically terminate upon completion of
the thirty (30) day period, notwithstanding any other provision in this Agreement.
d) Early Termination. Notwithstanding any other provision of this Agreement, Healthways may terminate this
Agreement at any time upon notice to Facility due to 1) failure of Facility to maintain necessary insurance coverage as
required by this Agreement; 2) closure of Facility, resulting in denial of Program services to Members, without a
minimum of thirty (30) days' prior written notice to Healthways; 3) fraudulent Program utilization reporting by Facility;
or 4) Healthways' reasonable determination that the health or safety of Members may be in jeopardy if this Agreement
is not terminated.
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e) Default. In the event that Facility defaults under this Agreement or the Agreement is terminated pursuant to the
Material Breach section or the Early Termination section above, Healthways may, at its sole discretion and without
limiting other remedies available to Healthways at law or in equity, withhold payment of any amounts otherwise due
and payable to Facility under this Agreement.
6. Confidentiality. All Confidential Information between Healthways and Facility are shared in strictest confidence. During
the Term and at all times thereafter, Facility shall not divulge, furnish or make accessible to anyone or use in any way
(other than use in the ordinary course of providing services under this Agreement) any Confidential Information. Upon
completion of this Agreement or in the event of its termination, Facility shall return to Healthways all of Healthways'
materials used in the provision of the Program, including the Reference Guide and Member files.
7. Member Contact. Facility agrees to not directly contact Members during the Term of this Agreement in regard to
business related matters pertaining to the Program, such as, but not limited to, switching health care plans, disenrolling,
enrolling with other health care plans or similar entities, or contracting directly with Facility instead of Healthways and
Sponsoring Organization.
8. Insurance. Facility shall obtain and maintain in force general liability insurance coverage in an amount of at least
$1,000,000 per occurrence, and shall cause such insurance to require that the carrier will provide Healthways written
notice of expiration, termination, or cancellation at least thirty (30) days prior to any expiration, termination, or
cancellation of such policy. Facility shall provide a current certificate of insurance with this Agreement and within ten
(10) days of request by Healthways thereafter. PLEASE ATTACH A COPY OF FACILITY LIABILITY POLICY
FACE SHEET.
9. Notices. Unless expressly provided otherwise, all notices, requests, demands and other communications required or
permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received
when sent by 1) facsimile transmission using equipment that provides automatic verification of transmission; 2) hand
delivery, including by a recognized courier service; or 3) registered or certified mail, postage prepaid, return receipt
requested. Notices under the Agreement to Facility shall be to the Contract Administrator in Exhibit A-2. Notices under
the Agreement to Healthways shall be to: Healthways Provider Networks Department, 1445 South Spectrum Blvd.,
Suite 100, Chandler, Arizona 85286; Fax: 602-391-2138.
Facility shall provide a minimum of ten (10) days notice to Healthways in the event of a change in any of the information
provided in Exhibit A of this Agreement. Either party may alter the address to which communications or copies are to be sent
by giving notice of such change of address in conformity with the provisions of this section for the giving of notice.
10. Miscellaneous.
a) Compliance with Federal and State Rules and Regulations. For the Term of this Agreement, Facility shall comply with
all applicable federal and state rules and regulations regarding services provided to Members.
b) Business License and Regulatory Standards. Facility shall hold an active and unrestricted business license as
required by law, covering all aspects of services offered, and meet occupational health and safety requirements and
regulatory standards in the state and jurisdiction in which Facility operates.
c) Severability. Should any provision herein be determined by any court of competent jurisdiction to be illegal, invalid
or unenforceable in any respect, in whole or in part, the offending provisions shall not affect the enforceability of the
remaining provisions of this Agreement.
d) Amendment of Agreement to Comply with Law. Healthways and Facility acknowledge and agree that Healthways
may amend this Agreement in order to comply with applicable law, by sixty (60) days' prior written notice to
Facility, and that Facility may elect to withdraw its acceptance with regard to such amendment within such sixty (60)
day period if such amendment would have a material adverse effect on Facility.
e) Applicable Law. The validity of this Agreement and of any of its terms and provisions, as well as the rights and
duties of the Parties hereunder, shall be interpreted and enforced pursuant to and in accordance with the laws of the
State of Tennessee.
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f) Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in
separate counterparts, with the same effect as if all Parties had signed the same document. All such counterparts
shall be deemed an original, shall be construed together and shall constitute one and the same instrument.
g)
Integration. This Agreement, together with any Exhibits and Schedules hereto, represents the entire understanding
and agreement among the Parties with respect to the subject matter hereof and shall supersede any prior writings,
understandings, or agreements among the Parties with respect to the subject matter hereof.
h) Sale of Business/Transfer of Assets. If Facility desires to sell or transfer its business to another entity, Facility shall
so advise Healthways in writing at least ninety (90) days' prior to the sale or transfer date. Upon notification of sale,
Healthways may, in its sole discretion, choose to terminate the Agreement effective on date of sale or extend the
terms of the Agreement to the new entity.
i) Authority to Sign. The individual signing below on behalf of Facility represents and warrants that he/she has all
requisite corporate power and authority to enter into this Agreement on behalf of Facility.
IN WITNESS WHEREOF, the Parties have agreed as set forth above.
AMERICAN HEALTHWAYS SERVICES, LLC
a Delaware corporation Name of Facility
Signature Signature
Mary Jo Ferron
Director, Fitness Programs
Printed Name
Title
Date Date
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PROGRAM SCHEDULE
Program Name: Mature Market Fully Subsidized Program
Program Brands:
SilverSneakers® Fitness Program, SilverSneakers® Private Brand, and other brand names for the
Mature Market Fully Subsidized Program communicated to Facility by Healthways from time to
time
Member Type: Medicare, Group Retirees and Older Adults
Program Description:
The Program is offered to Members of the Sponsoring Organization. The Program includes
SilverSneakers exercise classes and basic fitness membership services for Members provided
through a network of facilities; also included in the Program are all facets presented in the Duties
and Obligations of Facility section of the Agreement.
1. Program Duties and Obligations of Facility. In exchange for the compensation to be paid by Healthways, Facility shall
perform the following services:
a) Program Implementation Process. To prepare for Program commencement, Facility agrees to participate in the
following 1) coordination with Healthways of electronic reporting containing the required data elements; 2)
Healthways-scheduled and led training; and 3) Healthways' evaluation of Facility prior to the Program Ready Date
to certify Facility's preparedness to provide Program.
b) Staffed Hours. Facility shall be appropriately staffed in accordance with professionally -recognized standards of
fitness programs a minimum of six (6) hours per day, Monday through Friday.
c) Program Enrollment. Facility shall enroll Members in the Program in accordance with the protocol defined in the
Reference Guide or other protocol mutually agreed between the Parties.
d) Reporting Obligations of Facility. Facility shall report Program utilization to Healthways on a monthly basis.
Program utilization reporting shall consist of all 1) Program forms, including enrollment forms completed during the
previous month as applicable; and 2) visits for the month. Facility shall prepare a report of daily visits and utilization
from the month summarizing activity and containing the required data elements and submit it electronically to
Healthways no later than the fifth (5t') day of the following month. The required file format and data elements are
defined in the Reference Guide. The Parties to this Agreement shall work cooperatively to establish correct and
acceptable electronic monthly utilization data reporting; Healthways may provide technical support to Facility if
necessary.
e) SilverSneakers Classes. Facility shall provide Healthways' group exercise class, SilverSneakers Muscular Strength
and Range of Movement, a minimum of two (2) days per week on non-consecutive days. All SilverSneakers classes
shall be offered during Members' primary hours of utilization. Facility agrees to add additional classes if the current
classes remain at capacity for four (4) or more consecutive weeks, or as demand dictates, and will solely bear the
costs of adding such classes. Facility and Healthways agree to work cooperatively to add optional SilverSneakers
classes as needed.
f) SilverSneakers Class Equipment. Healthways shall ensure that Facility has all required equipment for the classes
available by the Program Ready Date, including chairs, elastic tubing with handles, hand-held weights, the
SilverSneakers ball and appropriate music, and shall provide such equipment to Facility as necessary. Following the
Program Ready Date, Facility shall be responsible for maintaining and replenishing the equipment, and shall comply
with the exact specifications for this equipment as defined in the Reference Guide.
g)
Instructor and Facility Staff Training. Facility staff who have regular contact with Members are required to
participate in Healthways training prior to commencement of the Program and as needed thereafter to account for
staff turnover and to ensure proper service for Members. Healthways will hold an instructor training workshop to
provide Facility instructors with the necessary guidelines to teach the SilverSneakers class according to Program
specifications. Two (2) instructors from Facility will be able to attend the initial workshop at no charge; additional
instructors who pre -register may attend the initial workshop for a nominal fee.
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h) Facility Staff Oualifications. All fitness professionals who come in contact with Members shall be qualified for their
respective positions. All group exercise instructors must 1) possess current CPR certification; 2) be eighteen years of
age or older; and 3) either hold a two (2) or four (4) year degree in health, exercise science, recreation or physical
activity related field; or hold a current license for the following: RN, LPN, LMT, LPT, RYT; or hold a nationally
recognized instructor/trainer certification that is available to the general population and requires continuing
education courses and CPR certification as criteria for recertification. Each instructor teaching a SilverSneakers
group format class must complete the Healthways instructor training workshop for that class prior to teaching and
once every four (4) years thereafter.
i) SilverSneakers Program Advisor. Facility shall designate one staff member as the SilverSneakers Program Advisor,
who shall serve as a liaison to Healthways and as a resource person for SilverSneakers Members utilizing the
Healthways Network, and is knowledgeable concerning all services provided by Facility to Members.
j) Guest Pass Program. Facility shall provide Program services to persons presenting a Healthways guest pass. Properly
documented guest visits will be counted the same as a Member visit for purposes of calculating Facility's compensation.
2. Exclusivity. Facility agrees to an exclusive relationship with Healthways during the Term of this Agreement for all fully
subsidized Medicare memberships, programs, products, and services, and Facility will not contract with any health plan,
insurance plan, or third party benefits administrator to provide services that may compete in any way with the services
being offered by Healthways. For the purposes of this Exclusivity provision, "fully subsidized" shall mean that the
Member does not provide any direct payment to Facility.
3. Services to Members of Sponsoring Organization. Facility agrees that during the Term and for a period of one (1) year
after the completion or termination of this Agreement, Facility shall not contract to provide a fully subsidized fitness
benefit to Members of the Sponsoring Organization which has contracted with Healthways to provide the Program in a
geographic area proximate to Facility, or engage in any competing fully subsidized fitness network business (defined as
the ownership, management, or consultation of programs or services similar to those covered by this Agreement).
4. Insurance. Facility shall cause American Healthways Services, LLC, to be named as an additional insured on its general
liability insurance policy "for all services provided under the contract agreement between Healthways and the insured."
Facility shall provide such certificate of insurance to Healthways no later than thirty (30) days after Program Ready Date
and within ten (10) days of request by Healthways thereafter.
5. Medicare Compliance for Program(s) Provided to Medicare Recipients. In recognition that Sponsoring Organization and
its subcontractors may be obligated to comply with all applicable federal governmental regulations regarding services to
Medicare members, including the rules and regulations of the Centers for Medicare and Medicaid Services (CMS),
Healthways and Facility mutually agree to comply with the following for services provided to Medicare members.
a) Compliance with Federal and State Laws. Healthways and Facility acknowledge that payments made to Facility
under this Agreement may be made from federal funds. Therefore, in connection with all services rendered under the
Agreement, Healthways and Facility agree to comply with the requirements of the contracts between Healthways'
customers and CMS (the "CMS Contracts"), and all applicable federal and state laws and regulations and CMS
guidance and instructions, including, but not limited to all Medicare laws, such as the Medicare Modernization Act
and the regulations contained in 42 CFR Parts 422 and 423; all applicable state and federal privacy and security
requirements, including but not limited to the confidentiality, privacy and security provisions for Medicare health
plans contained in the regulations found at 42 CFR 422.118 and 42 CFR 423.136; and all applicable laws,
regulations and guidance designed to prevent fraud, waste or abuse of federal funds, including the False Claims Act
(31 U.S.C. 3729 et seq.), the Anti -kickback statute (Social Security Act § 1128B(b)), and HIPAA administrative
simplification rules (45 CFR Parts 160, 162, and 164).
b) Right to Inspect. Healthways and Facility acknowledge and agree that the Department of Health and Human
Services (HHS), the Comptroller General, or their designees, or any applicable state or federal governmental entity,
or Sponsoring Organization, shall have the right to inspect, evaluate, and audit any pertinent contracts, books,
documents, papers, and records involving transactions related to services provided under this Agreement to
Medicare Members. Healthways and Facility shall maintain accurate records of compliance with this Agreement
("Records") in accordance with recognized accounting and document retention practices and in a format that shall
permit audit. Such Records shall be maintained by Healthways and Facility for a period of ten (10) years following
expiration or termination of this Agreement. This right to inspect shall extend for a period of ten (10) years from the
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termination date of the CMS Contracts (or applicable CMS Contract), or the date of completion of any audit in
connection with the Medicare health plans, whichever is later. Healthways and Facility will make its books and
other records available in accordance with 42 CFR 422.504(i)(2) and 42 CFR 423.505(i)(2) and any other applicable
laws and regulations. In the event Facility is unable to retain such records for ten (10) years, Facility shall provide
the records to Healthways at the conclusion of this Agreement and Healthways shall retain the records on behalf of
Facility.
c) Extemal Review. Healthways and Facility agree to cooperate with all independent quality review and improvement
organization activities required by CMS and/or Sponsoring Organization pertaining to the provision of services to
Sponsoring Organization Members.
d) Privacy/Confidentiality. Healthways and Facility agree to safeguard the privacy of any information that identifies a
particular Sponsoring Organization Member in accordance with federal and state laws and Sponsoring Organization
policy and to maintain Sponsoring Organization Members' records in an accurate and timely manner.
e) Non -Discrimination. Healthways and Facility agree to not discriminate against any person because of race, sex, age,
marital status, national origin, religion, color, citizenship, disability, health status, health insurance coverage or
veteran status. As applicable, Healthways and Facility agree to comply with 1) Title VI of the Civil Rights Act of
1964 as implemented by regulations at 45 CFR Part 84; 2) The Age Discrimination Act of 1975 as implemented by
regulations at 45 CFR Part 91; 3) The Americans With Disabilities Act; 4) The Rehabilitation Act of 1973; 5) Other
laws applicable to recipients of federal funds; and 6) All other applicable laws and rules. This Agreement
incorporates by reference and is subject to the following regulations of the Office of Federal Contract Compliance
Programs, Department of Labor: 41 C.F.R. §60-1.4, Equal Opportunity Clause; 41 C.F.R. §60-250.5, Equal
Opportunity Clause and Affirmative Action Clause for Special Disabled Veterans and Veterans of the Vietnam Era;
41 C.F.R §60-741.5, Equal Opportunity Clause and Affirmative Action Clause for Handicapped and Disabled
Persons. Healthways and Facility agree not to discriminate against any Medicare Advantage Member on the basis of
any factor that is related to health status, including, but not limited to the following: (1) medical condition, including
mental as well as physical illness; (2) claims experience; (3) receipt of health care; (4) medical history; (5) genetic
information; (6) evidence of insurability, including conditions arising out of acts of domestic violence; and (7)
disability.
f) Exclusion of Certain Persons. Healthways and Facility each certify that neither it nor any of its principals (officers,
directors, owners, partners, key employees, principal investigators, researchers or management or supervisory
personnel) (Principals) is presently debarred, suspended, proposed for debarment, declared ineligible or excluded
from participation in any federal grant, benefit, contract or program (including, but not limited to, Medicare and
Medicaid) by any Federal department or agency. Facility agrees to provide immediate written notice to Healthways if
it learns at any time that the certification herein was erroneous when submitted or if, during the Term of this
Agreement, it, or any of its Principals, is debarred, suspended, proposed for debarment, declared ineligible or
excluded from participation in any federal grant, benefit, contract or program. If subcontracting is permitted by this
Agreement, Healthways and Facility agree that its subcontractors will comply with the foregoing covenant.
Healthways and Facility agree that debarment, suspension, proposed debarment or suspension, ineligibility or
exclusion of either party, or any of its Principals or subcontractors, shall constitute cause for immediate termination
of this Agreement. Healthways and Facility further agree to comply with all Federal anti -terrorism rules and
regulations. Each parry's signature below shall serve as certification that, to the best of the party's knowledge, the
party 1) is not; 2) has not been designated as; 3) is not owned, affiliated, or controlled by; and 4) does not support,
assist or aid a suspected terrorist organization or individual as defined by Federal law including, but not limited to,
Executive Order 13224.
g)
Hold Harmless. With the exception of charges for services not covered under this Agreement, Healthways and
Facility shall in no event bill, charge, collect a deposit from, or hold liable for any debts of Healthways or Facility,
Members or any applicable government agency. In the event a Member provides payment to Facility for services
provided pursuant to this Agreement, Healthways retains the right to deduct an equivalent amount from the
compensation payable to Facility for the purpose of Member reimbursement. All obligations under this section shall
survive the termination of this Agreement, regardless of the cause giving rise to such termination, including, without
limitation, insolvency of either party or breach of this Agreement.
h) Waiver of Claims and Indemnity. Unless caused by the negligence or intentional wrongdoing of Healthways,
Sponsoring Organization, or any applicable government agency, Facility hereby waives and releases all claims
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against Healthways, Sponsoring Organization, and applicable government agency, and/or any of their respective
officers, directors, shareholders, employees, or representatives, in respect of a Member participating in the
Healthways Network, and Healthways, Sponsoring Organization, and government agency shall not be liable for
injury to person or damage to property sustained by Sponsoring Organization's Members as a result of participation
in any activities which may be undertaken in or sponsored by Facility, including, but not limited, to any accident, or
from any occurrence, or act, or from negligence or omission on the part of Facility or any employee or agent thereof.
Facility shall indemnify, defend, and hold harmless Healthways, Sponsoring Organization, Members, and applicable
government agency and their respective officers, directors, shareholders, employees, and representatives, on a
current basis, from any and all claims, demands, suits, liabilities, damages, obligations, and expenses (including
without limitation reasonable attorneys' fees) arising out of or in any way related to any negligent act or other
wrongful conduct by Facility under this Agreement, except to the extent caused by the negligence or intentional
wrongdoing of Healthways, Sponsoring Organization, or applicable government agency.
Healthways and Facility agree that to the extent permitted by law, the Parties shall cooperate with one another in the
defense of any claim arising from alleged tortious acts of their respective officers, shareholders, employees, or
agents and to give one another written notice of any claims covered by this paragraph. All obligations under this
section shall survive the termination of this Agreement, regardless of the cause giving rise to such termination,
including, without limitation, insolvency of either party or breach of this Agreement.
i) Professionally -Recognized Standards. Healthways and Facility shall provide the Program to Sponsoring
Organization Members in a manner consistent with quality assurance standards, the Reference Guide, and
professionally -recognized standards of fitness and wellness programs.
6. Compensation.
a) Program Utilization Payment. Healthways shall compensate Facility $3.00 per Program Visit, up to a maximum of
$30.00 per Program Participant per month. Program Visit shall mean one distinct occasion, recorded and reported by
Facility in accordance with procedures specified in the Reference Guide, during which a Member enters Facility to
enroll in or use the Program. Healthways shall not compensate Facility for more than one Program Visit per day.
Program Participant shall mean a Member, who, after completing the Program enrollment, has used the Program at a
facility in the Healthways Network at least once in a given month.
b) Minimum Payment Guarantee. With the exception of the month in which Program Ready Date occurs, Facility is
guaranteed the greater of 1) the Program Utilization Payment above; or 2) a minimum monthly payment of $250.00 per
location of Facility identified in Exhibit A. For the month in which Program Ready Date occurs, the Minimum Payment
Guarantee may be pro -rated based on the number of days remaining in the month beginning with the Program Ready
Date.
c) Payment Schedule. Payment shall be either mailed or processed for direct deposit by Healthways by the last day of the
month following the month in which Program Visits occurred ("following month"), provided Healthways receives
Facility's monthly utilization data by the fifth (5th) day of the following month. In the event utilization data is not
received in a timely manner, payment may be delayed. Payment for monthly utilization received after the last day of the
following month will be denied for non -timely filing and will not be eligible for reimbursement or appeal. Appeals must
be brought to the attention of Healthways within thirty (30) days of receipt of payment; appeals brought at a later
date will not be eligible for review.
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PROGRAM SCHEDULE
Program Name: Commercial Fully Subsidized Program
Program Brands:
Prime® and other brand names for the Commercial Fully Subsidized Program communicated to
Facility by Healthways from time to time (fully subsidized shall mean that the Member does not
provide any direct payment to Facility).
Member Type: Commercial
Program Description:
The Program is offered to Members of the Sponsoring Organization. The Program includes basic
fitness membership services for Members provided through a network of facilities; also included
in the Program are all facets presented in the Duties and Obligations of Facility section of the
Agreement.
1. Program Duties and Obligations of Facility. In exchange for the compensation to be paid by Healthways, Facility shall
perform the following services:
a) Program Implementation Process. To prepare for Program commencement, Facility agrees to participate in the
following 1) coordination with Healthways of electronic reporting containing the required data elements; and 2)
Healthways-scheduled and led training.
b) Introductory Orientation for Prime Members. Facility shall offer the Program to all Members identified by
Healthways as eligible for the Program. In addition to a basic fitness membership at no cost to the Member, Facility
shall provide Members with an added value program component (i.e., a thirty (30) minute personalized orientation
session or personal training session).
c) Reporting Obligations of Facility. Facility shall report Program utilization to Healthways on a monthly basis.
Program utilization reporting shall consist of all a) Program forms, and b) Member visits for the month. Facility shall
prepare a report of daily visits and utilization from the month summarizing activity and containing the required data
elements and submit it electronically to Healthways no later than the fifth (5th) day of the following month. The required
file format and data elements are defined in the Reference Guide. The Parties to this Agreement shall work cooperatively
to establish correct and acceptable electronic monthly utilization data reporting; Healthways may provide technical
support to Facility if necessary.
d) Program Training for Facility Staff. Facility staff who have regular contact with Members are required to participate
in Healthways training prior to commencement of the Program and as needed thereafter to account for staff turnover
and to ensure proper service for Members.
2. Compensation.
a) Program Utilization Payment. Healthways shall compensate Facility $3.50 per Program Visit, up to a maximum of
$35.00 per Program Participant per month. Program Visit shall mean one distinct occasion, recorded and reported by
Facility in accordance with procedures specified in the Reference Guide, during which a Member enters Facility to
enroll in or use the Program. Healthways shall not compensate Facility for more than one Program Visit per day.
Program Participant shall mean a Member, who, after completing the Program enrollment, has used the Program at a
facility in the Healthways Network at least once in a given month.
b) Payment Schedule. Payment shall be either mailed or processed for direct deposit by Healthways by the last day of the
month following the month in which Program Visits occurred ("following month"), provided Healthways receives
Facility's monthly utilization data in a timely manner. In the event utilization data is not received in a timely manner,
payment may be delayed. Payment for monthly utilization received after the last day of the following month will be
denied for non -timely filing and will not be eligible for reimbursement or appeal. Appeals must be brought to the
attention of Healthways within thirty (30) days of receipt of payment; appeals brought at a later date will not be
eligible for review.
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ADDENDUM
Facility hereby agrees to provide the Affinity product to commercial members under the terms and conditions set forth in this
Agreement, and as described below.
Product Description:
Affinity Discount:
The Affinity product is a discount cash payment arrangement whereby Facility agrees to provide
to individuals eligible for Affinity access to Facility services at a specific discount percent off
Facility's published fee schedule.
Facility agrees to extend to individuals eligible for the Healthways Affinity product discounted
services as follows. The following discounts represent a minimum of 10% off at least one of the
rates:
Standard Initiation Rate: % Discount
Monthly Membership Rate: % Discount
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EXHIBIT A-1
FACILITY INFORMATION
The information in the box below is intended for distribution to Members. Please confirm that it is accurate.
Facility Name:
Physical Address:
Phone Number:
Web Site Address:
Please check the following amenities offered by Facility:
Amenity/Program
X
Offered as part of basic
membership at no additional
cost to Members
X
Not offered as part of basic
membership - additional
cost to Members
Cardiovascular Equipment
Group Exercise/Aerobics Area
Hot Tub/Whirlpool
Resistance Training Equipment
Steam and/or Sauna
Swimming Pool — Seasonal (not available
throughout the year)
Swimming Pool — Year -Round
Acupuncture
Child Care
Chiropractic Services
Group Cycling
Indoor Track
Massage
Nutritional Services
Personal Training
Physical Therapy
Pilates
Fax:
General Email:
Who is responsible for daily Facility operations?
Contact Person:
Contact Title:
O Direct Fax O Need to call first
Contact Phone: ( )
Contact Fax: ( )
Contact Email:
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Mailing Address (f not the same as Physical Address):
Mailing Address:
Shipping Address (if not the same as Physical Address):
Shipping Address:
Staffed Hours of Operation
Sunday
Open
Closed
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Are Members able to access Facility during unstaffed hours? O No O Yes
What non-English languages does staff speak fluently? Please list:
Please select one category that best describes Facility:
O Commercial
O JCC
O Medical/hospital
O Municipal
O YMCA
O YWCA
O Other not -for -profit
Please select one location type:
O Men and women
O Women only
O Men only
ClA FC V2011-2
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Confidential
EXHIBIT A-2
CONTRACT ADMINISTRATOR
Name:
Title:
Mailing Address:
Phone: ( )
Fax: ( )
Email:
The Contract Administrator shall receive legal correspondence regarding the Agreement, shall have access to
payment information for all Facilities in Exhibit A-1 to this Agreement, and shall be responsible for setting up
Healthways Fitness Provider Portal accounts for Facility staff.
Tax Identification Number /
Employer Identification Number
BUSINESS INFORMATION (Required)
Business Name:
O Individual/sole proprietor O Partnership
O Corporation O Exempt from backup withholding
O LLC O Other
Business License No.: Licensing Authority (i.e., County/State):
Tax Reporting Address:
By signing this Agreement, under penalty of perjury I certify that: 1) all information provided above is true and correct to the best
of my knowledge, 2) all Facilities in Exhibit A-1 to this Agreement are providing services under the above named business, and
3) in the event that the Business Name above differs from a Facility Name in Exhibit A-1 to this Agreement, then Facility is
operating as a d/b/a of the above Business Name.
Payment Address:
Attention:
Accounts Receivable
Who should Healthways contact to coordinate the technical aspects of monthly utilization data reporting?
Name:
Phone:
Email:
CIA FC V2011-2
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