Loading...
HomeMy Public PortalAboutPKT-CC-2012-09-25CITY OF MOAB September 25, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 69 Page 2 of 69 Moab Co►nw►unity Meetings September 2012 September 2012 5 M T W T F 5 5 M October 2012 T W T F 5 2 3 4 9 10 11 16 17 18 23 24 25 30 1 1 5 6 7 8 7 8 12 13 14 15 14 15 19 20 21 22 21 22 26 27 28 29 28 29 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 iiinii 0 n v N n n w m v Monday Tuesday Wednesday Thursday Friday Sep 3 4 5 6 7 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 7:00pm GWSSA 10 11 12 13 14 12:30pm GCCOA 4:00pm GCWB 6:00pm GCAB 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 3:00pm SFSC 4:00pm GCSWSSD 5:00pm GCLB 6:30pm Moab PC 7:00pm CVFP 17 18 19 20 21 3:00pm GC Council Work 7:00pm GC Council 12:00pm CIB Meeting (Grand Center) 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 24 25 26 27 28 12:00pm MTPSC 5:00pm SEUDHD 6:30pm Moab CC - 6:00pm GC PC 5:30pm CHCSSD Moab City Recorder's Office 1 9/21/2012 4:09 PM Page 3 of 69 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 4 of 69 Moab City Recorder's Office Moab Co►nw►unity Meetings O ct o b e r 2012 October W 2012 5 M T T F 5 5 M November 2012 T W T F 5 1 2 7 8 9 14 15 16 21 22 23 28 29 30 3 4 5 6 10 11 12 13 4 5 17 18 19 20 11 12 24 25 26 27 18 19 31 25 26 1 2 3 6 7 8 9 30 13 14 15 16 17 20 21 22 23 24 27 28 29 30 L.r1 o ;Li os t O m t; O N N N ti o z 0 Monday Tuesday Wednesday Thursday Friday Oct 1 2 3 4 5 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 7:00pm GWSSA 8 9 10 11 12 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moa 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 4:00pm GCSWSSD 5:00pm GCLB MOpm Moab PC 7:00pm CVFP 15 16 17 18 19 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 22 23 24 25 26 12:00pm MTPSC 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 6:30pm Moab CC 29 30 31 Nov 1 2 Moab City Recorder's Office 2 9/21/2012 4:09 PM Page 5 of 69 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 6 of 69 Moab City Recorder's Office 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, September 25, 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 August 28, 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: PROCLAMATION/PRESENTATION 4-1 Proclamation of September 28 and 29, 2012 as Moab Pride Festival Days in Moab, Utah 4-2 Presentation of the Annual Audit of the City of Moab for Fiscal Year 2011- 2012 SECTION 5: NEW BUSINESS 5-1 Acceptance of the Annual Audit of the City of Moab for Fiscal Year 2011-2012 5-2 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Susie Harrington 5-3 Approval of a Petition to Vacation, Alter or Amend a Subdivision Plat in the Evans Subdivision as Submitted by Doug and Carma McElhaney 5-4 Approval of a Special Business Event License for the Back To School Carnival to be Held on September 29, 2012 at Rotary Park 5-5 Award of the Animal Shelter Photovoltaic System Bid 5-6 Approval of the Animal Shelter Photovoltaic System Contract 5-7 Approval of Proposed Ordinance #2012-06 - An Ordinance Amending the City of Moab Municipal Code, Title 17.09.220, Off -Street Parking and Loading Page 7 of 69 Requirements and Clarifying the Application of the Exception to the Off -Street Parking Regulations in Commercial Zones 5-8 Discussion Regarding Canyonlands Special Service Health Care District and Moab Regional Hospital Financial Situation SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 69 MOAB CITY COUNCIL REGULAR MEETING August 28, 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, Jeffrey Davis, Kirstin Peterson, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Police Chief Mike Navarre, City Planner Jeff Reinhart, City Manager Donna Metzler, Community Development Director David Olsen and Deputy City Recorder Danielle Guerrero. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Ten (10) members of the audience and media were present. There were no Minutes to be Approved. Under Citizens to Be Heard, Sara Melnicoff gave an update on Friends of the Parkway. Sara Melnicoff also handed out a pamphlet from the Salvation Army and thanked them for helping with medical, gas, prescriptions and housing for the homeless. Ms. Melnicoff also thanked Chief Navarre for offering his help with the homeless. Ms. Melnicoff asked that the City to take over the extra recycling bins in the parks and on the parkway that she is currently maintaining. Charlotte Mates stated that she had attended the Blue Sky luncheon at the Grand Center and that she felt most of the people who attended were unaware of the program and she would like the City to do more advertisements on the Blue Sky Program. Ms. Mates informed the City Council that Bill Barron, Senator Hatch's opponent, would be in Moab on September 12, 2012. Mayor Sakrison opened the Public Hearing on Proposed Resolution #13- 2012 — A Resolution amending the Fiscal Year 2012-2013 Annual Budget at 7:15 PM. A Community Development Department Update was not given. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PUBLIC HEARING OPENED COMMUNITY DEVELOPMENT Under Engineering Department Update, City Engineer Andrus stated UPDATE that she was working on getting the Animal Shelter request for proposals (RFP) out by Thursday and that she has been tying up loose ENGINEERING UPDATE ends. City Engineer Andrus stated that she had spoken on behalf of the City of Moab opposing the changes during the Water Rights Hearing. City Engineer Andrus stated that she was working with the City Planning Department on the General Plan, Impact fees, Water and Sewer plans for North Area, Transit Hub and Lions Park. City Engineer Andrus stated that the Stewart Canyon study was almost complete. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the final touches were being done on the trail and that there had been cleanup of graffiti on the bridges. Public Works Director Foster stated that the Cinema Court Project was complete and that the PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE August 28, 2012 Pop 46ff speed limit on 200 South had been lowered to 20 mile per hour and that the speed bumps on Locust Lane had been repainted. Grand County School Board Member, Beth Joseph, introduced the new School District Superintendent, Dr. Scott Crane. Discussion followed. Mayor Sakrison closed the Public Hearing on Proposed Resolution #13- 2012 —A Resolution amending the Fiscal Year 2012-2013 Annual Budget at 7:28 PM. Councilmember Bailey moved to approve a Modification of Property or Subdivision lines by exchange of title located at 396 West 200 South and 426 West and 200 South for Phillip and Jeanette Kopell. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Request to send a Petition to Vacate, Alter or Amend a Subdivision Plat in Mulberry Grove Planned Unit Development to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve an Agreement by and between the City of Moab and the Moab Trails Alliance to Establish Terms for Upgrading, Building and Maintaining Phase 1 of the Proposed Bike Park at Anonymous Park. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Reading of Correspondence. Under Administrative Report, City Manager Metzler stated that the Annual City Audit had been completed and that the Audit would be presented to the City Council in September. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Peterson stated that she had attended the Utah Health Exchange meeting and that she had information if anyone was interested. Councilmember Stucki stated that he had attended the Grand County Solid Waste Special Service District meeting. Councilmember Stucki stated that the Solid Waste Special Service District as experiencing a large amount of recycling and they were looking for a solution for sorting the recycling. Councilmember Stucki stated that the Solid Waste Special Service District meetings would be held on the second Thursday of each month. Councilmember Stucki asked City Planner Reinhart what was happening next with the General Plan. City Planner Reinhart stated that the process was ongoing. Councilmember Stucki asked that the website be updated. City Planner Reinhart stated that the website update would be complete that week. Councilmember McElhaney moved to approve the bills against the City of Moab in the amount of $1,205,986.62. Councilmember Bailey seconded the motion. The motion carried by roll -call -vote 5-0 aye. Councilmember Stucki moved to adjourn. Councilmember Davis seconded the motion. The motion carried 5-0 aye. PRESENTATION PUBLIC HEARING CLOSED MODIFICATION OF 396 W 200 S APPROVED PETITION TO VACATE, ALTER OR AMEND PLAT FOR MULBERRY GROVE APPROVED AGREEMENT BETWEEN MOAB CITY AND MOAB TRAILS ALLIANCE APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED Mayor Sakrison adjourned the Regular Council Meeting at 7:43 PM. ADJOURNMENT August 28, 2012 Fi4 of 49 APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder August 28, 2012 PAa@igeii of §9 0/7Y OF MOAB, ON/ � MOAB PRIDE FESTIVAL DA SEPTEMBER 28 AND 29, 20/2 WHEREAS, the Annual Moab Pride Festival is an opportunity for all of our citizens to celebra a and recognize the diversity of our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for all citizens; and WHEREAS, the Moab community is a diverse community that includes people of all races, colors, religious beliefs, nation origins, ages, and genders, and WHEREAS, our community strives for inclusiveness and acceptance of all citizens; and WHEREAS, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of all people. NOW THEREFORE, I, David L. Sabrison, Mayor of the City of Moab, do hereby proclaim September 28 and 29, 2012 an Magof Pavia' L, sakpison Septemo, , Rachel E, Stenta, City R MOAB PRIDE FESTIVAL DAYS Page 12 of 69 City of Moab Planning and Zoning Department Correspondence PL-12-105 August 16, 2012 To: Honorable Mayor and Members of Council From: Jeff Reinhart, Planner 9,e Subject: Approval of a Request to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Susie Harrington Background Council reviewed the amended final plat of the Mulberry Grove PUD in a public hearing on September 11, 2012. No one spoke against the changes to the plat and the public hearing was closed. The new plat accomplishes several actions: 1. It redefines the utility easements to encompass the width of the trail and the 10 feet either side of the trail. This change covers all of the sewer and water main extensions except in four places where the easement is expanded slightly more to encompass the actual construction of the services. Realignments of the pathway occurred as a result of the access issues for EMS and other fire and police protection services as well as from installation of the sewer and water lines. 2. The plat illustrates several lot line adjustments that had been approved by Council in February, 2012. 3. The wording in the plat notes that described the easements and right -of -entry provisions was clarified to include the City of Moab and Grand Water and Sewer Service Agency. p:\planning department \2012\correspondence\p1-12-105 mulberry gry amend plat.docx Page 13 of 69 a ree - z)luu.uu plus uD.uu amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(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. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CTTY RECORDER Rachel Ellison Date Page 14 of 69 5 Mulberry Lane Community LLC P.O. Box 264 Moab, Utah 84532 January 11, 2012 Moab City Planning Department City of Moab 217 East Center Street Moab, Utah 84532 RE: Mulberry Grove Plat Lot Line Adjustments/Plat Amendment Dear Jeff & Sommar, We, Mulberry Lane Community, LLC, are submitting a proposal for adjusting some of the lot lines for the Mulberry Grove Plat. Enclosed are: 1. Letter explaining details of proposed plat amendments; 2. Three full size copies of Mulberry Grove Plat with proposed amendments; 3. Exhibit B of the Mulberry Grove Subdivision Improvements Agreement, which shows the numbering and lay out of the carports; 4. Signatures from all property owners in Mulberry Grove, therefore no public hearing is required for plat amendment and; 5. Form provided by city to amend subdivision plat. Here is a summary of the changes, followed by a detailed list of the lot line changes. The ultimate goal is to "clean up" the plat. After we received final plat approval and proceeded with surveying, we noticed a few details, such as a lot encroaching into a pathway and carport structures closer than five feet to adjacent lots, thus requiring construction of firewalls. We have adjusted lot lines to remedy those issues. We have been working with a new engineering firm for the roads, parking and paving. Trying to match up the previous engineering design with the new design has been a challenge. As a result, some of the lot boundaries along the edges of the pathways created a "no man's land," meaning that there were small strips of land that were neither pathway nor lot. We have adjusted lot lines to remedy those issues. We have added language to the plat reflecting how and when carports will be constructed. Donna Metzler wrote the language for the plat note. The reason for this is because there was disagreement between us (MLC) and city staff regarding carport construction in the Subdivision Improvements Agreement. The resulting language is a compromise for ensuring that the remaining carports are constructed as lots are sold. Page 15 of 69 t), We have added number addressing for the lots and carports, and have added street names. The number addresses have been provided by builder inspector, Jeff Whitney, based off the grid. Street names and number addressing have been approved by the building inspector and fire chief. The following is a detailed list of the lot line adjustments: 1. Lot 1- south and west sides adjusted to be 5' from back of carport walls 2. Lot 2- west side adjusted to include embankment on lot 3. Lot 3- northeast lot line adjusted so as not to encroach into pathway 4. Lots 2 & 3- adjusted internal lot line (twin home lot) to run east -west, rather than north -south, per request of lot owner 5. Lot 4- west lot line adjusted so as not to encroach into pathway, east lot line adjusted to make up for 'square footage lost for west lot line adjustment 6. Lot 5-8- south lot lines adjusted to abut pathway 7. Lot 9- east lot line adjusted to abut pathway 8. Lot 10- east lot line adjusted to abut pathway 9. Lot 16- west lot line adjusted to be 5' from back of carport wall 10. Lot 17- east lot line adjusted to abut pathway 11. Lot 18- south lot line adjusted to abut pathway 12. Lot 22- east lot line adjusted to abut pathway 13. Lots 21 & 23- adjusted internal lot line (twin home lot) to run straight. Original lot line was awkward Thank you for your time. Please contact us with any questions. We look forward to hearing from you. Sincerely, Mulberry Lane Community, LLC (435) 210-1161 Page 16 of 69 5 �a 118111'S1X31 ate, -N- 5V. - a, - Ono - 00J ;MOAN N.A A aref 3 Ill AA yY s 93090339 1110103 COMO win'AlNro, own, anti'15.'3 tt MAN I0ro5 92 ANS. .4 N00335 I QaaNai'Il V `ano to 11UQ,1Q nIAI NOItY30-1 >J 31‘IVN NOISNWNns 1Y i3 '011 'A1INnnivo0 9NY'I ANN301n3V uad0'IHA30/i mmo iwt.noh 0av0 51N-55i Ia.)Eria in IN. w 07 y ',f'ytuntuurn0 aua•t 6aaagynyi U Ow063Y 63111A53 NOSSIN03 An 54 ( +10 la .1.15 1.4.0 I. 11..3 '031400143N 1413113N1 5350.010Y ONV 5350 awl 00.1 ON'/ ANITI N0roN ONV 4133111 11 03.5 43. 1131I00 A .lWI430 NO INK 31.1 01 03503n0100M AIA ONY VAHAN a CO N llaa030 S.YN.O 3.Oe1 3141 A MHOS 3111 ']Hind AWaat 03NSSY30NI1 3411 '3N 30013e 0331Y3d. AlIVN054131 '0Y ^'02 A AV0 - 1N! NO 1N3110031Y10NN3V aaaa, are a aMae 011 'A11NnVIn00 3NV1 .018381( N A aro - SIN/ ONVN tlro 135 0100303N 15Yn 3Y 10330/10 5531411. W '3511 ODBnd VOA 030101N1 SY 1ve 5140 110 MONO ONV1 A 5I3311Y1 TV 3118111 3W A 350 IYILL3d113d NOA 3aY31030 AL13e.3N 00 030N3NV '3A0N6 AN8301013 Iv AMNIA Y311Y3Yi11 39 01 SLNA135V3 ONY '510VY1 Y101 01N 03055I0e1I5 39 01 TM 20090 ONNVN VIVI A 13YY1 036410530 340ey 3111 A 3113110 3W IV 135311 A1WOnn03 .Yar1 .A1031f111 A SWAIM 310 ATY'1Y IVal 5111353W 3S3N1 Ae 31d03d TY NO. 0 S,N3wA6 s a 1 , x]uaA r N. w a°nn6°`isaA. m° xr "VP, `s1°.v"„r.i A°'i,cra a x _ ANr WA. A 11AY 3w 01 v WYK 3.00.110.1 : M ALMS 5Y Ur4 YH A vLON/33 Y1 ]N on Oft Jo of AI C 41.4 0wAN VI No l�1]on A r1Y4A. 0N5 011'L 3111 • 0NAN) aA MI. ASA Inn OK A .115.1. wI 5155• M033N1 I0in0A6 . 33 lava 1Y avia On A mew u 3w Ol ('L .li 1p1a'y loyal OK A 3/01 .1435..54 A113. 030NN 140610 0 3.1 3' 3.41411 Y Aaru0. A 3 Yx'Si111"xA I .. Astar Mr00v.1i].] aN No nod r v (v 1'ac •a.0Wi v1035. 0..00.50.105 DN)LL 01 IA Ona Out. - 0403310 p aaaca'• 09,334...znani u3.n.z0A x133114 A AA r on As . �io1`.a.'x'• a+ mow I+ W'i NA0J1.55 Mao' a 03.5 (10.15 eoa3W 100A1,15 iu.Nb A]m.saL5 nail" la 00. MOMa1. 33413. 0.dw AND; 0 5 A Y 1 ],AOAwfss a .1335 .03N ]w wI 50A an. O. - NW035 O15 A am au A tax au A .04003 301 lNl av 0xND35 u0 S.On .15 1 itt%I fv' 1WU35 1 ra all3w1"1OY0AO110M p.'" • OMYW NOI1dI03S30 ANVONnUb 5/0130 Tr. Ow o35mud � s: axon Aai'I tall ow wog Aviv Ia.. 3x.11...45I40w 03101503.. w 11yw AA. Anon AA Ilea-Il-wma 1 31Y 131183J S,NOA3ANI IS S.Ox A AO INN. All A 151003. ]1'LL A 10113. 113N1100 LLD Mmmmmo r3©m©m©o MIMO©2031©610 ®==®©m0 �®=m©© rancri©m1=1C.211.n lonsamm=1=31 zizi©mmm tttttm®m1=3m© tttttml(®I=1mmi© iNUCC3f®mm5.32© 2Lllllm©23:1133mf0 2®©mt:amta N1111=1mmm moo©moo 22©it©m5."'l. mMMII minenoitmm313190 iitt<mii®190m10 •••f®mm©O 2©2©©0m30 its®mm®O I©mmmOfO (ICI©mm©1C31 Ittt9=311©11t=11=3o moco©mmmo 1:53© 11am© 13®m©mom MM1631M2=0:30190 ®©®mm� MCGI©mm mK= R(((©mCO=1 0 mmOmO menco©mmm© �®mmm© �©mm0m� tn51©m2.30� Rlllm®m2l3610 ©®mmmo elliMM©mmmlic31 ©®m©mo liNNEGI3mfam1S11O ©®mmoo =0p®1390fa 1SMICCIt®m1=19=31nN ®®©©©® t�el7.av�� Sal Anna, 0.4.51 Aso A NOISSINNO3 ONINNY1d ALIO sei MP MA WI MA MMO Vorada LIMN NOVA LadMie OM 4.1 Teal 344 -- A aro --sal .A, Oa 5. ww.i: ARN901LY 1,1I3 133! NI 31YOS 0 OZI 09 0 D[ 09 N•.•x+. r•1.,�wr van 1 �An)+M r.ra 4-AA1 nW,.•r rw .0.NIa w0 x..alMa Ma rap. qw.� rti. • 339NION9 1,113 A. .33..04 f.,a, any . aavm)p/ W fY NWlwy 59310Y 3I18nd 1.113 1101J9010 ONINNV'Id A1I0 Ir�1.W .Arvin Asa i rJ gzO.A anawagc wan A 31015 11NY4e1 A A1111100 aVOn A All '11e15 'l 32 Y 'S ]2 1 'L 40e53S I YN 3. ,5 W Vl SUM 1N33VrOV ON. 03011311. N06v1Aen5 3N91 AYY3e1.1 Y 10Y30 A tAISNAens r 01430 01 1 3033 1113 01 INY115Y1w 1.1.311530 luA OixNt, . CBCIN WV `3n0I[D K1I-1I3fl3111N lu IDId IDN!3 V 11100010Y MASS 8 1131Vii +..11..r r I.I•NYI..r.'---w., w �I..N _ _ ON3031 aw r ..W <.Y.a . •�In.n.�� ^J�' City of Moab Planning and Zoning Department Correspondence P1-12-141 August 16, 2012 To: Honorable Mayor and Members of Council From: Jeff Reinhart, Planner C.)R Subject: Approval of a Request to Vacate, Alter or Amend a Subdivision Plat in the Evans Subdivision as Submitted by Doug and Carma McElhaney Background The City has received a request to amend the lot lines of Lots 3-5, Block V. The applicants are proposing to relocate the east -west boundary line between Lots 3 and 4 and Lot 5 to the south. This ten foot shift will eliminate an inadvertent encroachment of an existing structure on Lot 5, allow an adequate setback for this structure, and will provide two lots (3 and 4) of 5,000 square feet for attached single family dwellings. Discussion The proposed amendment of this portion of the subdivision 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 18 of 69 g-3 City Council TRI MAC Amended Plat September 21, 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 also listed in the Moab Municipal Code. 1. It does not increase the number of lots, 2. All properties are owned by the applicant, 3. The lots meet the dimensional requirements of the R-2 Zone. p:\planning department \20I2\correspondence\p1-12-141 cc tri mac.docx Page 19 of 69 53 Moab City Council We are requesting a lot line adjustment for Lots # 3, 4 & 5 Evans Subdivision. We own all three lots. We are not asking to make more lots. The 1st owner of lots 3, 4 &5 Evans Subdivision built a house on lot #5, sometime later they built an addition on the house, that addition is partially on lots #3 & 4. To be able to use lots 3 & 4 and to give the proper setbacks for the house on lot 5, we are asking to adjust the line between these 3 lots. This adjustment will leave the proper setbacks and access to the back of lot #5, and lots #3 & 4 will be both halves of a twin home lot. Thank you Doug & Carma McElhaney Page 20 of 69 5 NinNO:,311 L1N00I -333-30Vd -N000- 3XLL-31V0 D 153103I 7Nl 1V 0300173M -!0 'co 'Moon p ans Vir manna LIAlf103 1L311Y '03AONdri OW 03A03301 SWA NOSNIOEI v.! n AVOW slu WAYX ALP WON 34 Ol 03/N3331d 7PA0aadY MUM 1W1 u9 ®24' - e NANA f Z1OZ ZI 3d3 3LY0 tfStB 101/7 wan' 1334'1S AWN-70 1SY-7 dY 9Nlifff cINS ' oNd7 HOOKY AY 0331031141 A1MI00 NI NN N 0t10M OAri1ON S3od13 N065101100 AN 31/1S ]11l 031117313 3M33N IYMI ancer rANH)Y 0ri '1N311n01SN 50I Ol NIOoms (Sri) SI SOWN NONA (0110503d 311 30 Ol 301806%3 A0010YSIIS 30 VIVO 310. ND 3N Ol 03600d OW 3X 3110135 0311.133V A,MNVS/31-N "OY !D Ar0- Oil NO SS- n A11000 svo 30 31Y1S SN3➢Coa3'momiOY -a •'0'r -n Al'0 - SNII - 13 MOWN 3IrH - 3031131r SS31AN N 3Sn OPSM OM 0301011.1 SY lYld SOLL NO RAMS OMYI n S,nrid TN MOIL IN A 30 350 ,r1113001 Na 31V0E30 MOWN 00 N om/mans DV W Itli 311 Sr NY0101 30 01 IPl3Y3l3N WAILS 0ri 5101 OLIO 03 mans 01 3X1•S 113SIM0 010AVM 'anl n 17/111 03S11.0530 3431IY 3I n ( N13N50 008130301111 3N •-lYNI mamma ISSN! AO Nan no NOON NOLLYOIa3a S337.111.0 11003N 71 ANOXLL 31.81 INWWEYI3/3 VMS A, LI A 31 A= 3111 a 03H 300 SOW.31 0310WW 3141 N MOM a 01101SM113N MOW AT W ]ION INN MD 1Nm OW 'NAM 10 DOW au a'u mat NOON IWO WSJ. A WW-O IEIANY WWOO O N a Ns1Oi`,v1.4001 N4 01 11: 'MOW00 03WOW 214e1 e�WM. 303N E'L WWI NM W1oa Yin ova YNem IN 3I a' I, WW1 ISO SNOW 01103E0W ON ]Oar WNW OW SIYO NullON A 1001310410 ]N Ir Nano.Y x WIN tl3� S SA C A OW .1 0141000.a pm �11A ]�aY Y A31 VN]NYYal'a WANE ICP1ieniNv01N NO v 3 sun A� • NO11,003330 ANYONAOS lra SOIL NO WOK SY 0141000 314 10 03ri15 ONI 03A3AI1115 A,l0311030 N331 SVH 3315 1Y111HOOOri -3N3N 51330/S OW 5/0011 0110 01111 n 10Y11/ 0115 = oans WON CWI T01311 0301/8530 OW lrld SIM ND NYANS ONO n lOYW 31.11 n A3ALMS V 30VX 3SYM 1 %WN10 3141 n A1NPNlnr 1130W1 lYNA A.01033 NLINM I ONY Wan n SIVAS 3/0 n WWI 341.1 0301111 0100003M SY TOSIL1 UN 311014111133 OWN 110141 Ori 1113S311NS ONr, riJA 03113IS10311 Y 11Y I LYNI 1.1133 A0311311 00 .180331 'X AH10NI 'I 311,013112130 s,30zan311S K N]V gsYi10 NIl/1 xlfp dm-Limy& A33Ngut .l3Wend Nov wWY.Mru • SOL w NN T001NY12011 ue 0 CIN SDN1 13381S 1-11,0N 00* � 1 1Y7d S/J1l it I mur I I mVi ••N YS can G Y 'li Ys Nov p Y-E ma 4q i _ �. AWN Y-1 101 m'W q AL AM. oNNolan3 .1 — NaN NN IONI. NJ - 11 /7 QI S N/W01 ISSX10 I I Nvs con p 01 YLS 101 41 I Hvin 'A1N(100 ONYNO 'A110 BYON '1315 '3 IZ N 'S SZ 1 '9f '03S NIH1N1 'NOISY,IOSI1S SNYA3 d0 'A N0013 'S lP 1 'f S101 AO Darlisnrav 3NI1 ANYON008/1Y1d-38 V NoIsuuasns Odw AO 1Yld IYNIN Y mV31 ,SY3 A IN Ynom°CORSO'S Dos] �1 ' a + 31V0S 03I3avN� 1 3:1d 31roav i Page 21 of 69 N Block V, Lots 3-5 Evans Subdivision 0 15 30 60 90 120 Feet Page 22 of 69 1 inch = 30 feet 5-3 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT /� Utah State Code 10-9a-608(2)(a) Applicant: 00/7 l Gl 1`fite.E 1401 g y Phone: `7 3 S - 2bo- A b e f Mailing Address: yq3 roijoh-toodrl 4foc{E-mail: ,//Ott 0.4i of tetiteS94)le F Size of Properties: Sal - 9,0662$.>67/ 1/^/1- g000 .c.y,01 274 (000 Location of Affected Properties: 1/00 tVoti 206 Lima- / eak L[7' F 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: Fee - $100.00 plus $25 00 per amended lot or unit. Receipt No. 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 23 of 69 Pt i i 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 ERS. State of w\""1'^ County of G,e-o-ArN-ci `� Coar- mg..S • If lnc f- I ko-v iAi On the day of �� lZ, personally appeared before me 1)64.0a.S. C. Me F IlleuAat (name of owner(s)) , who duly acknowledged to me that they executed the same. '?^/ ? -/ z D 1_17— I ate Date DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 ) § ) My Commission Expires: OWNERS: Notary Public Residing in Date Page 24 of 69 �,-3 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. STUCK! To: Honorable Mayor and City Council From: Donna Metzler, City Manager z Date: September 21, 2012 Subject: Special Event License for Back to School Carnival The City Special Events Committee has reviewed the application for the Special Business Event License for the Back to School Carnival sponsored by Grand County Prevent Child Abuse. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event will take place at Rotary Park and will be open to the public. All appropriate reservations have been made. The Special Events Committee recommends approval of the Special Business Event License for the Back to School Carnival to be held on September 29, 2012. While this event takes place at the same time as several other events, conflicts are not expected due to the varied locations of the events and there being no need for traffic control or other city staff for this particular event. ADM-MEM-12-07-003 Page 25 of 69 5-4 DATE PAID: AMOUNT PAID: RECEIPT NO.: A, 0 8Y3.77 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT MO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 80 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: BAcx 40 ,.SC f110DL ev,1),CA// 1//Q /_,16APVAC" 6Angaah Prcwwr}"1a{' AtP•SG) &fr»Es, sv40ie.r».srze -i ap.P7 ,/S f faoo Pre Yen ho rl 471>4 /45 /Y%B� MTAW Rcr Ay PArk)214. TEMPORARY STRUCTURES TO BE USED (IF ANY): CO /I 0 p y TcAnis t I� DATE(S) AND TIME(S) OF EVENT: , SG P 02 I? s 1 s 4T41,2/»/A ANTICIPATED # OF EVENT PARTICIPANTS: ^^�� NUMBER OF VENDORS PARTICIPATING: S.- O!Q I ne I TYPES OF VENDORS PARTICIPATING IN EVENT: /Vi OW raf/ - -MCD/ Mi47/ ssll74-ai iVy fodopariI See4e-ilwa�� Jt Arkr ( WANiff:3/ CC -A) EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): f 4re t 7R lH 1�-! ►�T CMG . % C X C for r drimpe, /A - EVENT SPONSORS NAME: SPONSORS ADDRESS: l L S SPONSORS DRIVER LICENSE NUMBER 8c STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: v1S� a 71/c.CCf Ayr gsolA Gawles pAy tAiiCf r4"rri i" c Ai id A�..se CITY: Y1/n STATE: PHON-[_(45` - 5 ZIP: IsLbz DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION 70THER (SPECIFY): A/PA `203eQ/P/T NAME REGISTERED WITH THE STATE FOR TAX ID: _Pf-titn f �h 04 Ably_ itti* EVENT SPONSORS SALES TAX ID #: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE IS ANCE OF A LICENSE ILL BE DELAYED. I/WE \�E PRI \UW HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY ESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE N CONTAINED R • IN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION NT (SPONSOR E APREE TO FILE THE PROPER REPORTS WITHHE STT TE OF UTAH. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of NOTA'Y PUBLIC J ate SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! SETH JOSEPH Notary Public State of Utah Comm. No. 606925 My Comm. Expires Aug 8, 2015 Page 26 of 69 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: 11 • 061 • P 2,0/ SIGN PERMIT: f24u i rtd MOVED -ON NECESSARY: ❑ YES NO REQUIRES PLANNING �Q COMMISSION APPROVAL ❑ YES 1�1 NO REVIEWED BY ZONING ADMINISTRATOR: DATE: `' i .12" NAME OF APPLICANT: ('Aw aUtvi Pretof Pak rapo-1 V APPLICANT'S MAILING ADDRESS: 215b CITW STATE: ZIP: BUSINESS NAME: /�, BUSINESS LOCATION: -61 -V ` \A2j 1°1/4/! rC — ZONE: si22+ S?GGIAl .-\t•ereli - �tf , L AL-J DETAILED DESCRIPTION OF BUSINESS ACTIVITY: �.V.,, VP Sf iSD 1 Page 27 of 69 06/16/05 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE September 20, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Moab City Animal Shelter Photovoltaic System The City of Moab sent out a Request for Proposals (RFP) to find contractor to provide turnkey services for the designing, engineering, and supplying of all labor and materials to deliver, install, and commission a cost- effective and energy efficient solar photovoltaic (PV) system on the roof of the Moab City Animal Shelter. The $43,500 of grant funding for this project was obtained from the Rocky Mountain Power Blue Sky Program. On September 14, 2012, four companies responded. Proposals were provided by American Solar Power, Sunlight Solar Systems Inc, Alpenglow Solar LLC, and Intermountain Wind & Solar. The proposals were evaluated based on the proposer's Understanding of Project and Schedule (20 percent), Qualifications (30 percent), Experience (30 percent) and Cost and Overall Service Value (20 percent). Upon evaluation, it was determined that Intermountain Wind & Solar ranked the highest and is the preferred contractor to perform the work. It is my recommendation that the City of Moab accept the proposal from Intermountain Wind & Solar for the design and construction of the Moab City Animal Shelter Photovoltaic System in the amount not to exceed $43,500. Sincerely, adit. A,s,,, Rebecca Andrus Page 28 of 69 5-5 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System CONSTRUCTION CONTRACT PROJECT TITLE: ANIMAL SHELTER PHOTOVOLTAIC SYSTEM This CONTRACT is made this the t" day of , 2012, by and between the City of Moab, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and INTERMOUNTAIN WIND AND SOLAR, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as ANIMAL SHELTER PHOTOVOLTAIC SYSTEM and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. CC - 1 5-6 Page 29 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 60 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 75 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC-2 5-6 Page 30 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in the proposal, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all- inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is Forty -Three Thousand Five Hundred Dollars and No Cents, ($ 43,500.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-3 5-6 Page 31 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment with payment and lien waivers covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and CC-4 5-6 Page 32 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-5 5-6 Page 33 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 8.01 The Contract 8.02 The Request for Proposals 8.03 The Proposal from Intermountain Wind and Solar entitled Animal Shelter Photovoltaic System and dated September 12, 2012 8.04 Notice to Proceed to be issued after Contract award, prior to construction. 8.05 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. CC-6 5-6 Page 34 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor CC-7 5-6 Page 35 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. CC -s 5-6 Page 36 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. CC-9 5-6 Page 37 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System ARTICLE 11 - BA-NBS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63 56 38 benefit of the City to secure Contractor's performance of its construction obligations under this acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a de commenced an action seeking payment against the City or under any such instrument within commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms each disbursement pursuant to the Contract. The failure of any party to enforce against 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. CC - 10 5-6 Page 38 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on , 2012. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH )§ COUNTY OF GRAND On the day of , personally appeared before me same. CC - 11 , who duly acknowledged to me that they executed the Notary Public 5-6 Page 39 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System My Commission Expires: Residing in: Grand County CC - 12 Page 40 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the Oty and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. CC - 13 By: Subcontractor Title: 5-6 Page 41 of 69 City of Moab Planning and Zoning Department Correspondence September 20, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner (.74e Subject: Approval of Ordinance #2012-06 to Amend Chapter 17.09.220, Off-street parking and loading -Number of spaces, by Changing the Language for On -Street Parking Exceptions in the C-3 Central Commercial Zone, as Referred to Council by the Planning Commission Discussion This ordinance will amend Chapter 17.09.220 to clarify the requirements for off-street parking exceptions in commercial zones and to allow more flexibility in approving exceptions for various types of businesses and necessary housing types in all zones. Options Council can vote to: 1) Approve the ordinance as written; 2) Approve the ordinance with changes; 3) Establish a time and date for a public hearing; 3) Table the ordinance for additional information. Key Points • The code currently allows parking exceptions in all zones but in the C-3 Zone, it is restricted to short term parking. The proposed amendments for commercial development are the result of future infill applications that were either denied or not pursued because the requirements for exceptions were too stringent under the "less than one hour" time frame. The proposed developments were located off of Main Street but still within the C-3 Zone and could not obtain necessary long term parking based on the time limit. • Staff has reviewed the code sections for enforceability and found that planning and zoning and police department employees are unavailable for enforcement of the short term provisions. There are just not enough staff members to go around marking tires. Also, the requirement that the spaces have to be located in front of the affected business is impossible to enforce Page 42 of 69 PL-12-140 Moab City Council Ordinance #2012-06 Parking Exceptions September 20, 2012 Page 2 of 3 especially on corner businesses and where there is a lot of parallel parking. There is not enough curb length to allow this restriction to be functional. • The code allows for special housing types in many zoning districts. Quite often, these types of emergency or transitional affordable housing uses contain residents who cannot or will not drive a vehicle. Even at the lowest allowed rate of one space per 1,000 square feet per parking space, the required parking exceeds what is necessary for the use. If we are encouraging these housing types then greater flexibility is needed in determining parking for their specific parking demands. • Under the draft ordinance, the applicant must still provide evidence that the exception, if granted, is a minimum exception that will not alter the essential character of the neighborhood. The use of the studies and reports mentioned in subsection Q, must also be provided by the applicant for review by the planning commission. Summary of Text Change There are three amendments to the code language. The first change is to: 1. Repeal subsection R and incorporate some of the specific requirements for the C-3 into paragraph 4. 2. Remove the minimum of 1 parking space for each 1,000 square feet of floor area under subsection Q. 3. Remove the reference of "less than one hour" from the code. Please refer to the attached strike -out version of the ordinance for comparison. Page 43 of 69 5 -� PL-12-140 Moab City Council Ordinance #2012-06 Parking Exceptions September 20, 2012 Existing Code Language. 17.09.220 Off-street parking and loading -Number of spaces. Q. Page 3 of 3 Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. p:\planning department\2012\correspondence\p1-12-81 cc parking exceptions.docx Page 44 of 69 S� DRAFT ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City realizes that there are various types of future commercial infill development not on Main Street that are located in the C-3 Zone that may benefit from the same requirements for off-street parking exceptions that are enjoyed by businesses in other commercial zones; and WHEREAS, the City desires to encourage the development of specific types of emergency, affordable, and transition housing and has determined that the requirements for special exceptions to the off-street parking regulations do not allow enough flexibility for those agencies who provide living quarters for residents who do not drive; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and commercial development in Moab City; and b WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220, but the ordinance was referred back to the Commission for clarification and revisions; and, WHEREAS, the Commission in a duly advertised public meeting held on September , 2012, met to review and approve the amendments to Ordinance #2012-06; and WHEREAS, the Commission found that the proposed changes to said code chapter would benefit greater commercial development and various types of residential uses for citizens in need of assistance in Moab City: and WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: Page 45 of 69 5 DRAFT 17.09.220 Off-street parking and loading -Number of spaces, That reads: Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. IS HEREBY AMENDED AND SHALL NOW READ: Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. 4. For businesses located on Main Street in the C-3 Zone the applicant shall Page 46 of 69 DRAFT demonstrate that on street parking is reasonably available for short term parking. The public works director and zoning administrator shall address visibility and safety concerns. The planning commission shall consider how future use changes may affect the future parking needs of the development._ , exception,shall be at And subsection R that now reads: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS HEREBY REPEALED. Passed and adopted by action of the Governing Body of the City of Moab in open session this to day of , 2012. City of Moab Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder p:\planning department\2012\ordinances\ord 2012-06 f nale;i : ^ :^l r docx Page 47 of 69 DRAFT ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City realizes that there are various types of future commercial infill development not on Main Street that are located in the C-3 Zone that may benefit from the same requirements for off-street parking exceptions that are enjoyed by businesses in other commercial zones; and WHEREAS, the City desires to encourage the development of specific types of emergency, affordable, and transition housing and has determined that the requirements for special exceptions to the off-street parking regulations do not allow enough flexibility for those agencies who provide living quarters for residents who do not drive; and WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220, but the ordinance was referred back to the Commission for clarification and revisions; and, WHEREAS, the Commission in a duly advertised public meeting held on September 2012, met to review and approve the amendments to Ordinance #2012-06; and WHEREAS, the Commission found that the proposed changes to said code chapter would benefit greater commercial development and various types of residential uses for citizens in need of assistance in Moab City; and WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: 17.09.220 Off-street parking and loading -Number of spaces, Page 48 of 69 DRAFT That reads: Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. IS HEREBY AMENDED AND SHALL NOW READ: Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. 4. For businesses located on Main Street in the C-3 Zone the applicant shall demonstrate that on street parking is reasonably available for short term parking. The public works director and zoning administrator shall address Page 49 of 69 DRAFT visibility and safety concerns. The planning commission shall consider how future use changes may affect the future parking needs of the development. And subsection R that now reads: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS HEREBY REPEALED. Passed and adopted by action of the Governing Body of the City of Moab in open session this to day of , 2012. Attest: Rachel E. Stenta City Recorder p:\planning department \2UI2\ordinances \ord 21:1I2-06 final.docx City of Moab Mayor David L. Sakrison Page 50 of 69 Moab Regional Hospital Contributing Factors to Hospital's Current Financial Status TIMELINE FORWARD Moab Regional Hospital (MRH), formerly Allen Memorial Hospital, moved its operations to a new, state-of-the-art physical plant on February 14, 2011. Since that date, the hospital has experienced the "highs" and "lows" typically associated with such a move as the new physical layout and changes in departmental locations require that basic hospital processes and protocols undergo adjustments and modifications to better accommodate newly defined work flows and routine and special patient needs in a new setting. Unfortunately, certain of those adjustments and modifications impacted key Business Office and accounting functions resulting in cash flow challenges that, while expected, were experienced to a degree that the hospital was not completely prepared for. The following narrative sets forth the more major developments contributing to the issue. TIMELINE • February 14, 2011 o Move to the new facility • March - July, 2011 o Patient service volumes increased more quickly and more significantly that projected. ■ Hospital's original business plan projected reaching the apex of volume increases in September. ■ Significant increases, however, were experienced as early in March and April, which was fortuitous from a revenue standpoint but provided little opportunity to make the necessary adjustments in applicable processes - especially those involved with the billing and collections efforts. • May - October, 2011 o Revenues continued above budget, but slower collections began to create "pinch points" in select areas of the hospital's accounts receivable activities. o Monthly obligations were met through cash collected and then drawing down various contingency funds that existed from operations at previous location (as managed by former CFO) Page 1 of 7 Page 51 of 69 o Coding and billing backlogs began to grow due to: ■ Lack of experienced coders in sufficient numbers to keep up with the increasing number of patient charges ■ Existing staff "needing" additional time off for extraordinary reasons: e.g. daughter's wedding, medical circumstances, etc. ■ Commercial external coding companies were of limited use due to limited number available and also challenges with interfacing hospital's computer system with those of those outside companies that were. ■ Impact to Hospital: • Claims uncoded but not final billed - i.e. money still "on the table" pending collection- averaged $700,000/week • January - September, 2011 o Canyonlands Care Center (CCC), as a new free-standing intermediate care center, could no longer operate under the hospital's license. Accordingly, it was required to obtain its own license and be certified by Medicaid as a free- standing approved provider. ■ Licensing was completed in mid -January, however ■ Medicaid certification took approximately three months longer ■ CCC's cash flow was virtually non-existent until approximately April when claims began to be paid by the state and the census was high enough to generate any appreciable cash ■ Moab Regional Hospital funded CCC's operations in the interim, including paying the staff's salaries, benefits, and purchasing supplies. • MRH also provided dietary, laundry, and utilities services without being paid for those services a number of months • Absent that assistance, CCC would have had to close its doors. • Impact to Hospital o Cash $710,000, $360,000 of which is still outstanding o Salary and benefits for CCC staff was finally transferred to Grand County and remained there until CCC began processing its own payroll and defining its own benefits package in October 2011. Costs further increased as County charged the CCC a fee for processing the payroll, unlike the hospital, and the State Retirement System almost tripled the employers mandated contribution. • January - February 2012 o Former CFO resigns January 2, 2012 without notice ▪ Left to be completed and requiring immediate attention: Page 2 of 7 Page 52 of 69 6-a " Preparation of December 2011 financial statement " Closing of books for 2011 " Annual Financial Audit for 2011 " Preparation of Medicare Cost Report (which was projected to bring $800,000 additional reimbursement to the hospital due to increases in allowable depreciation and interest expense due to the construction project) " Completion of the Cost Certification Audit for the construction project, (the final payment of which included $130,000 in reimbursement for items already paid by the hospital.) �% No accountant or CFO was in the hospital from January 2nd to May 1st when Craig Daniels was hired. " Familiarity with content and status of accounting records prior to his arrival was limited during that period due to the lack of accounting skills on the part of those "filling in" and the manner in which the former incumbent maintained the financial records. " CEO and COO, as non -accountants, did their best to keep accounts payable, payroll and other obligations current, but most of the financial reporting needed for management decisions was not available. " Fiscal Year 2011 was not closed, nor were month -end financial reports for the months of January through April completed until May. o Part of the delay was due to the number of adjustments and postings previously missed or mis-posted that had to be "teased" out of the system through forensic methods o Adjustments produced more accurate financial records but at the expense of positive bottom lines for the first four months of the year as expenses were charged in totality to the month in which they were actually incurred. " January - March 2012 o MRH required to adopt a revised Medicare -mandated coding and billing system based on the new "5010" format". " Billing department began preparing for this transition in July 2011 and finally completed full certification in October 2011. Page 3 of 7 Page 53 of 69 G -0 �% Hospital was told previously that all major insurance carriers were also ready to receive billings in the new format as of January 2012 �% Hospital began billing in the "5010" format in January 2012, however reimbursement continued to decline. �% After submission of approximately $1 Million in billings, Blue Cross (and other large carriers) admitted that they were not ready to accept billings in the new format, but had not alerted us to the deficiency. in Impact to the hospital: " Total time lost before being informed that carriers were not being ready to process billings - one month " Total time lost due to required resubmission of accounts in old 4010 format - three weeks. " Change in cash position while above was being addressed and resolved - <$400,000> o Concurrent to the time the "5010" issue was being resolved, Blue Cross changed their payor codes by combining regular, federal and "Value Care" products all into one code. �% Hospital did not receive timely notification of this change and, accordingly, continued to bill the three categories of bills under old separate number for each. " Reimbursement from Blue Cross declined to $2,000/week from the normal $80,000 to $100,000/week �% Hospital was finally informed by a third party of the change �% Impact to the hospital " Total time lost before being informed that bills were not being received for all three categories - one month " Federal and "Value Care" billings had to be resubmitted under the new number; total time lost due to required reworking of accounts - two weeks. " Change in cash position while above was completed - <$300,000> " May - June 2012 o Seven to nine months of reduced cash flow and depletion of reserves finally caught up with the hospital when payroll and a mortgage payment fell due in the same week in May 2012. �% Decision was to meet payroll and postpone making the mortgage payment for one week. Page 4 of 7 Page 54 of 69 �% Paying the mortgage five days after the expiration of the grace period (the 15th of the month) was deemed by HUD to be a "technical default" of the Regulatory and Loan Agreements. �% This resulted in HUD becoming actively involved in monitoring hospital operations, including: " Bi-weekly phone conferences to review operating and financial statistics " Attendance at June's Board meeting to inform the Board of HUD's expectations concerning correcting the situation. " Mandating the involvement of a third -party consulting firm to assist in the turnaround effort " June - September 2012 o Efforts of new CFO produces positive movement through major changes in coding, billing, and expense control processes: �% Cash position improves from 1 day/cash on hand (May) to 20 days/ cash on hand (August) �% A/ R days outstanding reduced from 90 to 76 �% Collections improve from $350,000/week average (March - June) to $550,000/week average (July and August) o All departments are given targets relating to staffing and supply expense control, and are required to submit weekly status reports on these items. �% Select departments, where possible, institute "flexing" program to move staff from one department to another during low census �% Attrition without replacement has accounted for reduction in staff of six employees. o Other expense control measures implemented included: �% "Freezing" of hospital's annual merit increase program �% Placing hospital's 2012 contribution to the 403-B Retirement Savings program on hold �% Elimination of discretionary programs: " Educational assistance program " Summer and Winter employee activities and events " Attendance at seminars and conferences for hospital managers " Revamping of hospital's health and dental insurance programs (pending) Page 5 of 7 Page 55 of 69 " September 2012 o Hospital contracts with Quorum Intensive Resources (QIR) for assistance with an operations assessment effort to identify additional ways to increase revenues and control expenses �% Contractor is providing two consultants on -site for a minimum of four months; contract may be extended on a month -to -month basis as circumstances may require. o Hospital notified by State Medicaid program that it has been restored to the list of rural hospitals eligible for participation in the DHS program �% Hospital working with local governmental agencies to address the "seed money" requirement �% Restored eligibility includes retroactive payments for 2012 of approximately $877,000 in addition to the full amount for FFY 2013. o Hospital's Medicare Cost Report resubmitted to CMS after auditors restated select expense items to more accurately reflect impact of the construction on the hospital's costs of operations. �% Back -payment from Medicare projected at $480,000+ " December 2012 - January 2013 (projected) o Efforts to modify coding, billing and collections processes will have successfully: �% Establish a reliable flow of cash sufficient to: " Meet all current obligations in a timely fashion " Reduce/retire all outstanding A/P obligations over 60 days old " Restore hospital's cash reserves to pre -project levels of seven figures " Preclude the current situation from occurring again o Efforts to review and improve operational processes will have successfully: �% Produced staffing patterns in all departments flexible enough to accommodate fluctuations in hospital's patient volumes without unnecessarily or unfairly impacting the staff's abilities to generate a livable income. �% Produced operational processes and procedures robust enough to support the hospital's need to meet and resolve the operational challenges that will face the hospital as health care reform is fully implemented in 2014, with the emphasis on " Patient satisfaction A Successful outcomes -based medical care Page 6 of 7 Page 56 of 69 Page 7 of 7 • Reducing costs through increased efficiencies/ and reduced waste ■ Created a culture of excellence founded in the staff's mutual respect and commitment to service, and that rewards both efficiency and effectiveness of effort and genuine concern for our patients and patrons. Page 57 of 69 a a • 1 �i��~ MOAB REGIONAL HOSPITAL MOAB VALLEY HEALTHCARE, INC INTERNAL - UNAUDITED FINANCIAL STATEMENTS Balance Sheet May June CURRENT ASSETS 2012 2012 Cash - General Accounts $ 195,841 $ 261,313 Restricted Cash Sinking Funds & Escrows $ 1,108,456 $ 947,440 Retirement Funds $ 65,120 $ 65,120 Fund Raising & Scholarship $ 317,873 $ 309,175 Other Restricted $ 243,044 $ 433,920 Net Accounts Receivables $ 4,831,571 $ 5,148,563 Other Receivables $ 644,884 $ 684,219 Inventory $ 518,607 $ 523,784 Prepaid Expenses $ 280,946 $ 250,454 Total Current Assets $ 8,206,341 $ 8,623,988 PROPERTY, PLANT & EQUIPMENT Land $ 500,000 $ 500,000 Building Improvements $ 17,281,990 $ 17,281,990 New Hospital under Construction $ $ Equipment $ 17,264,827 $ 17,289,390 Sub -Total $ 35,046,817 $ 35,071,380 Accumulated Depreciation $ (3,367,350) $ (3,571,422) Net Property & Equipment $ 31,679,467 $ 31,499,958 TOTAL ASSETS $ 39,885,808 $ 40,123,946 CURRENT LIABILITIES Accounts Payable, Trade $ 2,116,783 $ 2,028,836 Accrued Salaries $ 275,015 $ 308,402 Accrued P/R Taxes $ 23,953 $ 24,895 Accrued Vacation $ 270,722 $ 257,622 Accruals to Related Parties $ - $ Accrued Liability $ 1,183,660 $ 1,441,108 Cost Report Settlement $ (534,658) $ (489,346) Current Portion, Notes Payable $ - $ Total Current Liabilities $ 3,335,475 $ 3,571,517 LONG TERM DEBT Mortgage Payable $ 29,702,620 $ 29,652,852 Note Payables $ 867,835 $ 857,929 Total Long Term Debt $ 30,570,455 $ 30,510,781 FUND BALANCE Prior Years Current Year Total Fund Balance $ 8,304,707 $ 8,304,707 $ (2,324,829) $ (2,263,058) $ 5,979,878 $ 6,041,648 TOTAL LIAB. & FUND BALANCE $ 39,885,808 $ 40,123,946 Page 58 of 69 INTERNAL - UNAUDITED FINANCIAL STATEMENTS Operating Statement 6/30/2012 REVENUE Jun-11 Jun-12 DIFFERENCE % DIFF YTD 2011 YTD 2012 DIFFERENCE % DIFF Hospital, Inpatient 755,344 794,526 39,182 5% 3,829,695 3,600,583 (229,112) -6% Hospital, Outpatient 1,711,666 2,263,906 552,240 25% 8,819,095 11,807,924 2,988,829 25% Total Patient Revenue 2.467,010 3,058,432 940,343 31% 12,648.790 15,408,508 2.759,718 18% DEDUCTIONS - - Medicare 314,454 335,170 20,716 9% 1,215,229 1,384,956 169,727 12% Medicaid 59,542 116,622 57,080 27% 316,911 672,944 356,033 53% Other Contractual 533.311 609,196 75,885 23% 1,769,749 2.956,884 1.187,135 40% Total Deductions 907.307 1,060,989 283,382 34% 3,301,889 5.014,783 1,712,894 34% Net Patient Revenue 1.559,703 1,997,443 437,740 19% 9,346,901 10,393,724 1,046,823 10% Other Oper. Revenue 133,618 30,161 (103,458) -243% 571,779 263,142 (308,637) -117% Net Revenue 1,693,321 2,027,604 334,283 14% Gross to Net % 69% 66% -2% -3% 9,918,680 10,656,866 738,186 7% 78% 69% -9% -13% EXPENSES - - Wages 633,425 647,053 13,628 2% 3,565,734 4,025,185 459,451 11% Employee Benefits 118,531 230,578 112,047 48% 1,057,722 1,279,212 221,490 17% Contract Services 150,728 182,721 31,993 10% 1,132,413 1,638,005 505,592 31% Supplies 201,643 242,993 41,350 13% 979,469 1,628,816 649,347 40% Maintenance 25,218 27,666 2,448 18% 152,860 175,122 22,262 13% Rental/Leases 9,798 32,467 22,669 157% 342,588 189,954 (152,634) -80% Travel/Mileage 8,709 3,008 (5,701) -70% 38,154 57,910 19,756 34% Insurance 31,474 25,829 (5,645) -20% 106,615 180,914 74,299 41% Other 144,309 29,076 (115,233) -1088% 482,933 135,198 (347,735) -257% Utilities 9,301 42,682 33,381 81% 246,963 240,901 (6,062) -3% Bad Debt 137,314 157,055 19,741 6% 663,041 1,280,546 617.505 48% Total Oper. Expenses 1.470,450 1.621,128 150,678 7% 8,768,492 10,831,760 2,063,268 19% EBIDA 222,871 406,475 183,604 60% 1,150,188 (174.894) (1,325,082) 758% EBITDA % of Net Rev 13% 20% 7% 52% 12% -2% -13% 807% Interest 2,275 158,254 155,979 99% 20,866 944,346 923,480 98% Depreciation 22,500 204,072 181,572 60% 135,000 1,226,216 1,091,216 89% Amortization - Subtotal - Int. & Dep 24,775 362,326 337.551 73% 155,866 2,170,563 2,014,697 93% NON•OPERATING INCOME Other Exp (Income) (5,121) (17,621) (12,500) 85% (38,411) (82,709) (44,298) 54% NETINCOME(LOSS) 203,217 61,771 (141,446) 101% 1,032,733 (2,262,748) (3,295,481) 146% Page 59 of 69 INTERNAL - UNAUDITED FINANCIAL STATEMENTS Operating Statement 6/30/2012 REVENUE Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 YTD 2012 Hospital, Inpatient 434,619 540,861 410,092 861,108 559,378 794,526 3,600,583 Hospital, Outpatient 1,675,919 1,527,045 1,864,780 2,187,928 2,288,346 2,263,906 11,807,924 Total Patient Revenue 2,110,538 2,067,906 2,274,872 3,049,036 2,847,724 3,058,432 15,408,508 DEDUCTIONS Medicare 93,343 179,585 200,930 228,781 347,147 335,170 1,384,956 Medicaid 120,411 133,288 20,692 215,006 66,925 116,622 672,944 Other Contractual 354,472 625,795 521,005 331,419 514,996 609,196 2,956,884 Total Deductions 568,226 938,667 742,627 775,206 929,068 1,060,989 5,014,783 Net Patient Revenue 1,542,312 1,129,238 1,532,245 2,273,830 1,918,656 1,997,443 10,393,724 Other Oper. Revenue 63,459 41,708 37,835 42,658 47,322 30,161 263,142 Net Revenue 1,605,772 1,170,946 1,570,080 2,316,487 1,965,978 2,027,604 10,656,866 Gross to Net % 76% 57% 69% 76% 69% 66% 69% EXPENSES Wages 672,530 618,515 684,026 715,590 687,471 647,053 4,025,185 Employee Benefits 114,673 248,789 291,547 233,306 160,318 230,578 1,279,212 Contract Services 237,009 277,429 297,642 315,402 327,801 182,721 1,638,005 Supplies 223,881 230,706 307,243 321,842 302,151 242,993 1,628,816 Maintenance 14,146 42,731 26,047 13,429 51,103 27,666 175,122 Rental/Leases 22,367 46,257 34,165 14,395 40,302 32,467 189,954 Travel/Mileage 22,428 9,694 8,352 8,158 6,270 3,008 57,910 Insurance 55,041 9,696 34,746 27,994 27,607 25,829 180,914 Other 22,750 37,187 (9,504) 10,593 45,096 29,076 135,198 Utilities 25,960 44,021 37,483 40,970 49,785 42,682 240,901 Bad Debt 192,973 126,114 224,984 307,809 271,610 157,055 1,280,546 Total Oper. Expenses 1,603,759 1,691,139 1,936,731 2,009,488 1,969,516 1,621,128 10,831,760 EBiDA EBITDA % of Net Rev 2,012.89 (520,193) (366,651) 306,999 0% -44% -23% 13% (3,538) 406,475 (174,894) 0% 20% -2% Interest 157,959 170,105 143,143 157,756 157,129 158,254 944,346 Depreciation 172,280 170,675 171,725 303,426 204,039 204,072 1,226,216 Amortization Subtotal - Int. & Dep 330,239 340,780 314,868 461,182 361,167 362,326 2,170,563 NON -OPERATING INCOME Other Exp (Income) (10,953) (8,737) (14,782) (30,616) (17,621) (82,709) NET INCOME(LOSS) (328,226) (850,020) (672,782) (139,401) (334,089) 61,771 (2,262,748) Page 60 of 69 69 Jo 69 abed 4,7 INTERNAL - UNAUDITED FINANCIAL STATEMENTS Operating Statement Through 4/30/2012 REVENUE Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dee-11 2011 Total Jan-12 Feb-12 Mar-12 Apr-12 YTD 2011 YTD 2012 Hospital, Inpatient 534,785 508,563 756,468 581,164 693,371 755,344 530,979 505,128 548,809 799,628 591,910 798,079 7,604,228 434,619 540,861 410,092 861,108 2,380,980 2,246,679 Hospital, Outpatient 1,082,989 1,213,240 1,472,291 1,527,529 1,811,380 1,711,666 1,280,090 1,642,056 1,505,355 1,984,850 2,164,370 2,309,473 19,705,289 1,675,919 1,527,045 1,864,780 2,187,928 5,296,049 7,255,672 Total Patient Revenue 1,658,349 1,762,405 2,228,759 2,108,693 2,504,751 2,467,010 1,811,069 2,147,184 2,054,164 2,784,478 2,756,280 3,107,552 27,390,694 2,110,538 2,067,906 2,274,872 3,049,036 7,677,029 9,502,352 DEDUCTIONS Medicare 218,318 244,562 158,455 169,108 110,332 314,454 48,864 266,327 170,769 (128,855) 254,259 (298,556) 1,528,037 93,343 179,585 200,930 228,781 790,443 702,639 Medicaid 23,885 25,728 153,802 (84,266) 138,220 59,542 (201,161) (168) 113,999 84,058 195,095 322,078 830,812 120,411 133,288 20,692 215,006 119,149 489,397 Other Contractual 204,596 81,173 207,947 426,982 315,740 533,311 493,680 173,542 306420 295616 307,957 582,506 3,929,470 354,472 625,795 521,005 331,419 920,698 1,832,691 Total Deductions 446,799 351,463 520,204 511,824 564,292 907,307 341,383 439,701 591,188 250,819 757,311 806,028 6,288,319 568,226 938,667 742,627 775,206 1,830,290 3,024,726 Net Patient Revenue 1,211,550 1,410,942 1,708,555 1,596,869 1,940,459 1,559,703 1,469686 1,707,483 1,462,976 2533,659 1,998,989 2,501,524 21,102,375 1,542,312 1,129,238 1,532,245 2,273,830 5,846,739 6,477,625 Other Oper. Revenue 3,069 3,659 171,604 127,738 132,091 133,618 124,462 116,503 131,733 53,244 38,380 (51,343) 984,758 63,459 41,708 37,835 42,658 37,118 185,660 Net Revenue 1,214,619 1,414,601 1,880,159 1,724,607 2,072,550 1,693,321 1,594,148 1823,986 1,594,709 2,586,903 2,037349 2,450,181 22,087,133 1,605,772 1,170,946 1,570,080 2,316,487 5,1383,857 6,663,285 Gross to Net% 73% 80% 84% 82% 83% 69% 88% 85% 78% 93% 74% 79% 81% 76% 57% 69% 76% 77% 70% EXPENSES - Wages 512,074 554,000 622,6136 604,176 639,373 633,425 703,036 673,771 6134,049 682,381 653,014 690,645 7,632,630 672,530 618,515 684,026 715,590 2,292,936 2,690,661 Employee Benefits 141,896 141,656 278,145 184,564 192,930 118,531 208,142 47,194 187,172 166,698 157,997 (298,065) 1,526,860 114,673 248,789 291,547 233,306 746,261 888,315 Contract Services 168,426 190,409 203,233 204,671 214,946 150,728 199,712 201,440 177,001 193,831 171,829 202,746 2,278,972 237,009 277,429 297,642 315,402 766,739 1,127,482 Supplies 103,843 83,677 129,534 101,413 359,359 201,643 164,053 218,624 255,857 863,800 295,623 386,208 3,143,634 223,881 230,706 307,243 321,842 418,487 1,083,672 Maintenance 11,819 34,125 12,760 51,220 17,718 25,218 19,784 (184) 19,828 52,643 42,611 124,708 412,250 14,146 42,731 26,047 13,429 109,924 96,353 Rental/Leases 33,417 51,427 51,561 97,849 98,536 9,798 (13,842) 48,929 14,134 85,256 50,377 (194,983) 332,459 22,387 46,257 34,165 14,395 234,254 117,184 Travel/Mileage 3,632 5,099 7,416 7,220 6,078 8,709 13,018 4,383 8,978 8,353 5,750 2,539 81,175 22,428 9,694 8,352 8,158 23,367 48,631 Insurance 12,038 27,640 24,354 6,235 4,876 31,474 8,296 6,211 7,700 6,200 45,652 192,203 372,877 55,041 9,696 34,748 27,994 70,265 127,478 Other 41,256 92,864 108,614 51,783 46,107 144,309 64,907 (10,712) 20,830 37,184 30,080 121,723 746,945 22,750 37,187 (9,504) 10,593 292,517 61,026 Utilities 44,874 26,504 51,903 76,317 38,064 9,301 (13,205) 73,182 9,975 68,044 57,188 33,757 475,904 25,960 44,021 37,483 40,970 199,598 148,434 Bad Debt 102,436 120,577 82,978 119,000 100,736 137,314 95,527 153,106 16,219 157,376 254,337 384,883 1,724,269 192,973 126,114 224,984 307,809 424,991 851,881 Total Oper. Expenses 1,175,709 1,327,978 1,571,184 1,504,448 1 718,723 1,470,450 1,449,428 1 415,944 1,381,743 2,321 766 1 764,458 1,626,144 18,727,975 1,603,759 1,691,139 1,936,731 2,009,488 5,579,319 7,241,117 EBIDA EBITDA % of Net Rev 38,910 86,623 308,975 220,159 353,827 222,871 144 720 408,042 212,966 265 137 272 891 824,037 3,359,158 2,012.89 (520,193) (388,651) 306,999 304,538 (577,832) 3% 6% 16% 13% 17% 13% 9% 22% 13% 10% 13% 34% 15% 0% -44% -23% 13% 5% -9% Interest 1,696 3,067 2,398 4,018 7,412 2,275 4,595 6,626 3,416 5,340 3,790 1,575,525 1,620,158 157,959 170,105 143,143 157,756 11,179 628,964 Depreciation 22,500 22,500 22,500 22,500 22,500 22,500 22,500 22,500 22,500 22,500 22,500 1,584,882 1,832,382 172,280 170,675 171,725 303,426 90,000 818,106 Amortization Subtotal - InL & Dep NON -OPERATING INCOME Other Exp (Income) 24,196 25,567 24,898 26,518 29,912 24,775 27,095 29,126 25,916 27840 26290 3,160,407 3,452,540 330,239 340,780 314,868 461,182 101,179 1,447,069 (2,635) (38) (8,090) (16,241) (6,286) (5,121) (3,007) (4,941) (8,540) (33,941) (16,812) 84,641 (21,011) (10,953) (8,737) (14,782) (27,004) (34,471) NET INCOME(LOSS) 17,349 61 094 292 167 209,882 330,201 203 217 120 632 383,857 195,590 271,238 263,413 (2 421 011) (72 371) (328 226) (850 020) (672 782) (139 401) 230,363 (1,990,430) Outpatient % of Pat Rev 65% 69% 66% 72% 72% 89% 71% 76% 73% 71% 79% 74% 72% 79% 74% 82% 72% 69% 76% SW & Benefits % of NR 54% 49% 53% 49% 43% 48% 62% 42% 58% 34% 41% 16% 43% 51% 77% 64% 42% 52% 55% Benefits % of Salaries 28% 26% 45% 31% 30% 19% 30% 7% 28% 24% 24% -43% 20% 17% 40% 43% 33% 33% 33% Contract Services %NR 14% 13% 11% 12% 10% 9% 13% 11% 11% 7% 8% 8% 10% 15% 24% 19% 14% 13% 17% Supplies % of Net Rev 9% 6% 7% 6% 17% 12% 10% 12% 16% 33% 15% 15% 14% 14% 20% 20% 14% 7% 16% Bad Debt % of Net Rev 8% 9% 5% 7% 5% 9% 6% 9% 1% 6% 13% 15% 8% 13% 11% 15% 14% 7% 13% MOAB REGIONAL HOSPITAL MEDICAID DISPROPORTIONATE SHARE (DSH or "Dish") HOSPITAL REIMBURSEMENT AS PART OF THE PROPOSED SALES TAX INITIATIVE September 2012 A. DSH ISSUE DESCRIPTION: 1. With its move to the new hospital facility in February 2011, Moab Regional Hospital (MRH) became a free-standing health care facility. 2. Subsequent to the move, the hospital was informed by State Medicaid officials that, effective the date of the move, the hospital's eligibility for participation in the State's Medicaid Disproportionate Share (DSH) payment program had been revoked. a. The revocation came as a result of the State's determination that MRH no longer had any affiliation, direct or indirect, with a governmental entity, a prerequisite to participation in the supplemental portion of the DSH program as defined by the State's health plan. 3. Given the magnitude of the average annual loss of $870,000+ to the hospital's revenue stream and the impact it would have on the hospital's efforts to maintain a strong financial position and its ability to support Canyonlands Care Center operations through the contracted provision of select services, MRH decided to challenge the ruling based on the following: a. Under the general program definitions in the State Medicaid plan, Moab Regional Hospital (formerly Allen Memorial Hospital) qualifies as a disproportionate share hospital due to its being located in a rural county. Also defined in the Disproportionate Share Program language of the State Plan, however, is a subcategory consisting only of rural hospitals that are owned by or affiliated with a local governmental agency (county, city, special service district, etc.) and, by virtue of that affiliation, are eligible to receive supplemental Medicaid payments i. It is MRH's position is that this subcategory is discriminatory and unfair because it excludes the only independent rural hospital in the State from participation in the program supplemental payment arrangement for reasons that are neither reasonable nor consistent with the intent of the program. b. MRH has been a participant in the program since its inception and, like its rural colleagues, has come to depend on these funds for hospital operations. i. As a rural hospital, it has the same operational needs and financial challenges as the other independent rural hospitals in the State, but is 1 Page 62 of 69 being denied access to the same funding source that other rural hospitals have available. c. Because MRH has been a previous participant, continuing its eligibility would have no financial impact on the program as administered in the past. This is in contrast to the situation where a previously unaffiliated hospital which, if added to the group, would reduce the per hospital allocation by the amount of the disbursement to the newcomer. B. DISCUSSION - DSH ISSUE: 1. The rationale given by State officials for limiting participation in the program to government-owned/affiliated rural hospitals is: a. That the non -government rural hospital would probably not be able to afford payment of the "seed" money required for federal matching funds for the program (on a 70%/30% split). 2. Government owned/affiliated hospitals, conversely, could apply to their sponsoring government entity for those funds, which entity (theoretically) would be better able to afford and may welcome "seeding". Additionally: a. The program could significantly reduce the potential cost to the sponsoring governmental entity (e.g. County) for Medicaid and indigent patients who otherwise would be compelled to access local government resources for delivery of and payment for medical services. b. The payment of the "seed" money could be made by intergovernmental transfer, which would greatly simplify the transaction 3. Extensive discussions with State Medicaid officials and with members of our Congressional delegation on this matter finally resulted in the drafting of amendments to the State Health Plan which would allow the State to adopt a broader interpretation of "government affiliation" to include "government supported" as a qualifying factor in addition to the current "government owned" designation. a. Under this interpretation, an arrangement with a governmental entity that is willing to support the non -government owned hospital by providing the seed money for the rural hospital would qualify the non -government owned rural hospital for participation in the program. b. While current law precludes the hospital from any "make whole" or reimbursement payments back to its governmental "sponsor", it is projected that the benefits to the community of a reduced Medicaid liability would still far outweigh the amount of the seed money payment required, a fact that is 2 Page 63 of 69 5- established annually through the completion of the mandatory Medicaid Cost Survey for submission to the State. 4. Moab Regional Hospital was recently informed that the proposed amendments have been approved by the Regional Office of the Center for Medicare and Medicaid Services (CMS) and the main office in Washington, DC, restoring the hospital's eligibility for participation in this program. 5. Additionally, the hospital was informed that it would be eligible for retroactive payments for the 2012 federal fiscal year in addition to the allocation for 2013 beginning October 1, 2012. 6. Anticipating this development , Moab Regional Hospital completed and submitted the mandatory paperwork for both years so as to be ready to apply for the DSH allocation as soon as authorization had been granted. All that remains now is the procurement of the requisite seed monies to underwrite each of the years in question. C. DISCUSSION - PROPOSED TAX INITIATIVE: 1. Under consideration is a proposed increase in the sales tax amount of .5 %, as authorized by State statute for the support of county health care facilities. 2. The primary use of the tax revenues generated by this increase would be for the ongoing support of the Canyonlands Care Center to ensure its continued operations, the need for which is growing due to the following: a. Conservative in their numbers, initial financial projections for the Care Center showed a very modest operating margin based on the following assumptions: i. Average daily census (ADC) would remain at 95 % (34 of 36 beds filled all the time) ii. Payor mix would be predominantly Medicaid (85% +/- of total) iii. There would be no significant reductions in the per diem Medicaid reimbursement rates iv. There would be no significant increases in fees and assessments charged by the State - (e.g. the "bed tax') v. Operating costs would remain relatively constant and increased only as service volumes, economic or other related factors would require vi. The proposed bed compliment of 36 could be self-sustaining in view of the arrangements made with MRH for shared services and connection with critical mechanical and emergency power systems. b. Four of the six assumptions have not held - (#'s iii, iv, v, and vi) - resulting in significant challenges to the Center's abilities to meet its monthly obligations 3 Page 64 of 69 �.g c. Imposition of this sales tax would provide the supplemental revenue stream to support operations and ensure financial stability for the Center i. Other counties (e.g. Beaver, Wayne, Kane) have imposed this tax and report significant success from the effort for their health care facilities. 3. With an infusion of cash from the tax, the Special Services District would also be in a position to assist the hospital with its need for DSH seed money. a. The Board of Canyonlands Health Care Special Services District has agreed to continue to be the source of or conduit for the seed funds to facilitate Moab Regional Hospital 's participation in the DSH program, as it previously did for Allen Memorial Hospital. The District, however, lacks the internal resources to do this unilaterally and needs help from external groups. b. Part of the challenge rests in the fact that, in previous years, many hospitals involved in the program often provided the necessary seed money to their government "sponsor" which then acted as the conduit through which the funds were paid to the State. c. Once discovered by the IRS and CMS, however, the practice was deemed a violation of the language and the intent of the program and was no longer allowed. d. FFY 2012 projected DSH allocation to MRH is $876,800, of which 29 % or $276,895,000 in seed money would be required. D. RATIONALE: 1. Moab Valley Healthcare, Inc. (MVHI) has gone to extensive lengths to provide both moral and tangible support for the Canyonlands Care Center project. a. This has been done based on the Board's commitment to the MAPS project and also on its awareness that, without this support, the Care Center would not have been built, thus denying the community these much needed services. 2. Through an agreement between the hospital and the Care Center to share select services, facility construction costs for the Center were reduced by $943K and equipment costs by $779K for total project savings of $1.72 M a. These savings were realized through eliminating the need to construct and/ or install a separate free-standing power plant, emergency power generator, and fully equipped dietary and laundry departments. b. In order to accomplish this, MVHI agreed to increase its construction budget by $650K to accommodate the upsizing of the hospital's mechanical and 4 Page 65 of 69 electrical systems, emergency generator, and the dietary and laundry departments. c. This was done in an effort to ensure the construction and operation of a facility vital to and adequate for satisfying the intermediate and long-term health care needs of the community. d. For the first nine months of Center operations in 2011, MRH supported the Center by providing payroll and benefits services to the Center's staff, totaling in excess of $710K, of which $360K still remains outstanding. E. SUMMARY 1. It is Moab Valley Healthcare, Inc.'s position that this is a community health care issue. a. The future viability of the community's two main health care delivery facilities is at stake, a future which may be further challenged by pending changes from health care reform. b. Moab Regional Hospital's viability, while not completely dependent upon DSH funds, will be greatly enhanced by any supplemental revenue stream it can develop, in this case, participation in the DSH program. As a critical access model reimbursed based on actual costs of providing the services , it has more flexibility than the Care Center in the way it can manage revenues and expenses to meet current needs. However, the challenges it faces to remain viable are just as significant as those of the Care Center. c. Canyonlands Care Center's capacity to absorb unexpected decreases in reimbursement or increases in expenses is limited by the nature of its services and the fixed reimbursement model in place. Its current need for assistance is immediate and is dependent upon the hospital and the governing bodies of this community collectively developing a way to address its needs in a stable and permanent manner. 2. This issue is seen as an opportunity to further solidify the collaborative relationship the parties involved have enjoyed over the course of their respective projects. 3. It, therefore, is proposed that Grand County and the City of Moab assist consider and adopt a way to assist the Special Services Board in determining potential sources for the needed funding - in this case, by considering sales tax revenues - to assist the efforts of both facilities to meet their ongoing operational obligations. 4. MVHI and MRH commit their full support of this initiative and pledge to assist in whatever manner deemed beneficial to the effort to reach the final objective. 5 Page 66 of 69 6 MOAB VALLEY HEALTHCARE MEDICAID DISPROPORTIONATE SHARE PAYMENTS AND MOAB REGIONAL HOSPITAL/MOAB VALLEY HEALTHCARE INC. Moab Valley Healthcare Inc. is asking for help from the City of Moab and Grand County to raise the necessary seed money to receive the full allocation of Disproportionate Share Hospital (DSH) Payments that Moab Regional Hospital qualifies for in 2012. Following are typically asked questions regarding the DSH program. WHAT ARE MEDICAID DISPROPORTIONATE SHARE HOSPITAL ADJUSTMENT PAYMENTS? Medicaid Disproportionate Share Hospital (DSH) adjustment payments provide additional help to those hospitals that serve a significantly disproportionate number of low-income patients; eligible hospitals are referred to as DSH hospitals. States receive an annual DSH allotment to cover the costs of DSH hospitals that provide care to low- income patients that are not paid by other payers, such as Medicare, Medicaid, the Children's Health Insurance Program (CHIP) or other health insurance. This annual allotment is calculated by law and includes requirements to ensure that the DSH payments to individual DSH hospitals are not higher than these actual uncompensated costs. Medicaid DSH payments are the largest source of federal funding for uncompensated hospital care and program is intended to support hospitals that are critical to the health care safety net, and to preserve access to these hospitals for Medicaid beneficiaries and other low-income individuals. HAS MOAB VALLEY HEALTHCARE PARTICIPATED IN THE DSH PROGRAM BEFORE? Yes, DSH payments have been an important part of the hospital budget since the program began in 1981. Allen Memorial Hospital, owned and operated by Grand County, was a participant in the program. When Moab Valley Healthcare(MVH), a private 501(c)(3) not -for -profit tax exempt organization was formed in 1995 to operate the hospital, the hospital was still eligible to receive DSH funds because is was located in a building owned by Grand County. In February of 2011, the hospital moved out of the county owned building and into the new Moab Regional Hospital (MRH) facility, owned by MVH. Under the existing DSH program guidelines, MVH/MRH lost eligibility for the DSH program because it was no longer affiliated with a governmental entity. As the only non - government operated rural hospital in Utah, the administration of MRH felt this was unfair and worked with the Utah Hospital Association to advocate a change in that policy. In September 2012, it was determined based on changes in the State Health Plan that Moab Regional Hospital could receive DSH funds as long as the seed money was provided by and through a government entity. HOW MUCH SEED MONEY IS NEEDED FOR THE DSH PAYMENT? This year's DSH allocation to MRH is approximately $876,000, for which $277,000 in seed money is needed, however, it would be possible to get a percentage of the DSH payment if all of the seed money is not available. It is also possible for individuals or businesses wishing to assist the hospital to donate to the Canyonlands Healthcare Special Service District with the donation earmarked for the DSH seed fund. The donation would qualify as a charitable contribution, and may be eligible as a tax deduction. WHAT IS THE DEADLINE FOR RAISING THE DSH SEED MONEY? The 2012 Federal Fiscal Year (FFY) ends September 30, 2012. Canyonlands Healthcare Special Service District has until November 29, 2012, 60 days after the end of the 2012 FFY, to send in the DSH seed payment. Page 67 of 69 0 q- o WHO CAN PROVIDE THE SEED MONEY? In previous years, many hospitals involved in the DSH program provided the necessary seed money to the government sponsor which then acted as the conduit through which the funds were paid to the State. The practice was recently deemed a violation of the language and the intent of the program and is no longer allowed. The Board of Canyonlands Health Care Special Services District has agreed to continue to act as the conduit for the seed funds; however, CHSSD is not in a position to provide the funds. WHAT IS THE RELATIONSHIP BETWEEN MOAB REGIONAL HOSPITAL AND CANYONLANDS CARE CENTER? Canyonlands Care Center (CCC) is the long-term care facility managed by the Canyonlands Healthcare Special Service District. It is located adjacent to Moab Regional Hospital. There were dramatic financial benefits from building the CCC next to MRH and tying CCC into the critical mechanical and emergency power systems that MRH provides. MRH also provides meals and laundry services to the CCC. Currently the charges to CCC for these services are substantially subsidized by the hospital, a practice which, for the stability of MRH, cannot continue. The administrator for the CCC is Roy Barraclough, who also serves as the CEO of MRH. WHAT ARE THE OPTIONS FOR FUNDING DSH SEED MONEY IN THE FUTURE? Other Cities and Counties in Utah (e.g. City of Beaver, Wayne and Garfield Counties) have imposed a rural hospitals tax and report significant success from the effort for their health care facilities. With an infusion of cash from the tax, the Special Services District would be in a position to provide much needed additional revenue for Canyonlands Care Center and assist the hospital with the DSH seed money needed. Initial financial projections for the Canyonlands Care Center showed a slim operating margin of 1%. Although the average daily census is at 95% (34 of 36 beds filled all the time), approximately 30 of the 36 beds are paid for by Medicaid, and a significant reduction in the Medicaid per diem reimbursement rate have greatly impacted revenue. In addition, operating expenses including the State mandated retirement plan for CCC employees have increased beyond the CCC abilities to handle over the long run. HOW MUCH CARE AT MOAB REGIONAL HOSPITAL IS UNCOMPENSATED EACH YEAR? MOAB REGIONAL HOSPITAL UNCOMPENSATED CARE 2010 2011 2012 Annualized CHARITY CARE $ 673,509 $ 1,164,167 $ 1,633,792 BAD DEBT $ 1,739,202 $ 1,724,270 $ 2,561,091 PATIENT REVENUE $ 19,802,978 $ 27,331,415 $ 30,817,014 BAD DEBT & CHARITY CARE PERCENT OF PATIENT REVENUE 12% 11% 14% Page 68 of 69 IVIOA$ VALLEY HEALTHCARE History of Disproportionate Share Hospital Payments to Allen Memorial Hospital and Moab Regional Hospital DSH program begins. AMH, owned and operated by Grand County receives first DSH payment 1995 Begin Federal Fiscal Year 2011. MVH/AMH provides seed money for entire year's allocation to CHSSD, the acting government conduit, which sends it to the State for the 2011 DSH payment. MVH/AMH receives entire allocation of $856,200 for 2011 DSH payment. Oct. 1, 2010 i Moab Valley Healthcare, Inc ' formed as a private 501(c)(3) not -for -profit tax exempt organization to oversee management and operations of AMH. Since AMH is still located in a facility owned by Grand County, DSH payments to MVH/AMH continue. Hospital moves to new facility owned by MATH, not Grand County. MRH informed that it is no longer eligible for DSH participation due to move to a non -government owned facility and may also need to pay back 2011 allocation already paid for period from Feb. 15th-September 30th 2011. Process begins to advocate change of policy to allow MVH/MRH, the only stand alone rural hospital in Utah, to receive critical DSH payments. Nov. 2010 Feb. 14, 2011 State Medicaid Office informs hospital that hospitals will no longer be allowed to provide their own DSH seed money, even when channeled through a government entity. 1 ABBREVIATIONS 'AMH— Allen Memorial Hospital (1957-Feb. 13, 201 1) CHSSD— Canyonlands Healthcare Special Service District DSH— Disproportionate Share Hospital MRH— Moab Regional Hospital (est. Feb. 14, 201 1) MVH— Moab Valley Healthcare, the 501(c)(3) organization that operated AMH and MRH Oct. 1, 20111 State Health Plan amended to allow DSH payments to hospitals receiving government support in the form of seed money provided through a government entity. CMS ruling allows that if hospital is eligible for any part of the year, it is eligible for the entire year. Ruling eliminates pending payback of part of FFY 2011 allocation and makes MVH/MRH eligible retroactively for all of 2012. DSH allocation, $876,000, if $2.77,000 seed money can be provided from governmental sources. Sept. 2012 Begin Federal Fiscal Year 2012. MVH/MRH proceeds under ruling that hospital is no longer eligible for DSH payments and budgets accordingly. Deadline for sending in $2.77,000 2012 DSH seed money to receive $876,000 2012 DSH payment Oct. 1, 2012 Nov. 29, 2012 Begin Federal Fiscal Year 2013. MVH/MRH now eligible for estimated $880,000 2013 DSH funds if an estimated $278,000 seed money can be provided from governmental sources. Nov. 29, 2013 Deadline for sending in 2013 DSH seed money to receive estimated $876,000 2013 DSH payment ADDITIONAL INFORMATION • The Federal Fiscal Year is October 1— September 30. • DSH funds can be paid as a one lump sum or drawn quarterly beginning in October of the fiscal year awarded. Hospitals have up to 60 days after the end of the fiscal year to remit the seed amount and receive the previous year's payment. • DSH seed money MUST come from a government entity and may not be given by the hospital that will receive the payment. • DSH seed money may be gift to the government by other donors earmarked for the DSH seed payment. Page 69 of 69