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PKT-CC-2017-03-14
Moab City Council March 14, 2017 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 213 Agenda Page 2 of 213 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, March 14, 2017 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 14, 2017 CITIZENS TO BE HEARD SECTION 3: PROCLAMATIONS 3-1 Mayoral Proclamation of April 2, 2017 as KZMU Community Radio Day in Moab, Utah SECTION 4: PRESENTATIONS 4-1 (Tentative) Presentation by the Solid Waste Special Service District Board SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 A Public Hearing to receive input from the public with respect to the issuance of the Wastewater Revenue Bonds and any potential economic impact to the private sector from the construction of a wastewater treatment plant, together with related improvements to the wastewater system replacement and upgrading of a substation transformer and voltage regulator, and the replacement and upgrading of its distribution system, together with related improvements (the "Project") to be funded by the Bonds SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Cruise Moab Approval of Special Business Event License for the 2o17 Cruise Moab to be held May 3-7, 2017 6-2 Moab Charter School Color Run Approval of Permits for the First Annual MCS Color Run to be held May 20, 2017 1. Approval of a Special Business Event License 2. Approval of a License Fee Waiver not to exceed $200 6-3 Moab Jeep Safari Approval of Special Business Event License for the 2017 Moab Easter Jeep Safari Jeep Enthusiast Event held at the Walker Drug Parking Lot on April 9-15, 2017 6-4 Red Rock Arts Festival Agenda Page 3 of 213 Approval of Special Business Event License for the City Sponsored Red Rock Arts Festival (formerly Plein Air) to be held October 7-14, 2017 6-5 Approval of a Private Property Vendor License for Tina Meyer, d.b.a. Red Rock Sno Company to Conduct a Hawaiian Shave Ice Business, Located at 83 South Main Street for a term of April 1, 2o3.7 to August 31, 2017 SECTION 7: CONSENT AGENDA 7-1 Consideration and Possible Approval of a Procurement Exception as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For an Equipment Lease with Xerox Corporation for a Copier in an amount not to exceed $13,412.40 7-2 Consideration and Possible Approval of Proposed Resolution #21-2017 - A Resolution Amending the Fee Schedule for the City of Moab Recreation Department 7-3 Approval of a Proposal for Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates 7-4 Approval of a Request by John Knowles for Use of City Right-of-way at 50 South Main Street to Conduct a Sidewalk Sale March 17 to 19, 2017 7-5 Consideration and Possible Approval of a Procurement Exception as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For an Equipment Purchase with Stalker Radar for Four Radar Units in an amount not to exceed $12,190 SECTION 8: OLD BUSINESS 8-1 Consideration and Possible Approval of Proposed Resolution #03-2017 — A Resolution Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone 8-2 Consideration and Possible Approval of Proposed Ordinance #2017-07 — An Ordinance Amending the Zoning for Three Parcels Located at 61 and 71 South 400 East in the R-2, Single and Two-family Residential Zone to R-3 Multi -Family Residential Zone and Amending the Offical Zoning Map of the City of Moab, as Referred to City Council by the Planning Commission SECTION 9: NEW BUSINESS 9-1 Consideration and Possible Approval of Proposed Ordinance #2017-04 — An Ordinance to Amend Moab Municipal Code Section 17.30.020, Use Requirements, for the C-5, Neighborhood Commercial Zone and an Application for a Code Amendment to Moab Municipal Code Chapter 17.30.020, C-5 Neighborhood Commercial Zone, Use Requirements, Adding Bike Shops to the Allowed Uses as Referred by the Planning Commission 9-2 Consideration and Possible Approval of Proposed Resolution #20-2017 — A Resolution Conditionally Approving the Final Plat for the Dee Subdivision, on Property Located in the R-2 Zoning District - Approving a Two -lot Minor Subdivision for Property Located at 810 Mill Creek Drive and Accepting a Portion of Right -of -Way for Peartree Lane In the R-2 Zone 9-3 Approval of a Settlement Agreement and General Release of All Claims by and between the City of Moab and C2 Moab LLC 9-4 Arts Update Agenda Page 4 of 213 9-5 Update on Police Department Changes 9-6 Review of City Council 2017 Regular Meeting Schedule SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: READING OF CORRESPONDENCE SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual 13-2 An Executive Session to Discuss Pending or Reasonably Imminent Litigation 13-3 A Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property SECTION 14: 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 Agenda Page 5 of 213 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING February 14, 2017 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Mayor Dave Sakrison called the Workshop to order at 5:05 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Planner Jeff Reinhart, Planning Assistant Sommar Johnson, Community Relations Director Amy Weiser, Interim Police Chief Steve Ross, Parks, Recreation, and Trails Director Tif Miller, and City Attorney Chris McAnany. The workshop began with an update about the Wastewater Treatment Plant by Jeff Beckman of Bowen Collins, and City Engineer Phillip Bowman. The workshop continued with a briefing about the Lionsback development by City Planner Reinhart and School and Institutional Trust Land Administration (SITLA) staff. Councilmembers asked questions about whether SITLA would adhere to City planning codes, how the property tax mechanism would apply to the development, ownership and design of on -site roads, bonding, employee housing, payment for potential litigation fees, drinking water source protection, temporary construction road, the possibility of an onsite gas station, information about prior City communications regarding the size of the proposed hotel rooms, and exemption from local zoning laws. Councilmember Ershadi left the meeting ill at 6:54 PM. Mayor Sakrison called the Regular City Council Meeting to order at 7:05 PM and led the Pledge of Allegiance. Councilmember Jones moved to approve the minutes of the January 17, 2017 meeting. Councilmember Derasary seconded the motion. The motion carried 3-0 aye, with Councilmembers Bailey, Jones, and February 14, 2017 Page 1 of 6 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES Agenda Page 6 of 213 Derasary voting aye and Councilmember Knuteson-Boyd abstaining. Councilmember Derasary moved to approve the minutes of the January 23, 2017 meeting with one correction. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. The following Citizen was heard: Kelly Green thanked the Council for their service. He spoke about the Proposed Resolution Establishing Renewable Energy and Greenhouse Gas Emissions Reduction Goals. Mayor Sakrison opened a public hearing at 7:15 PM to obtain Input on Proposed Resolution #06-2017 — Amending the Fiscal Year 2016- 2017 Annual Budget. Interim City Manager Everitt presented the major changes proposed for the budget amendment. Emily Niehaus praised the proposed Sustainability Director position, and monies included in the budget for affordable housing. Councilmember Jones discussed a cost share with Grand County for an affordable housing study. Councilmember Derasary asked a question about grant match funds. Councilmember Jones recommended a salary survey regarding the Mayor's compensation. The public hearing was closed at 7:37 PM. Councilmember Knuteson-Boyd moved to approve Special Event Licenses for the Moab Century Tour to be held on September 23, 2017, including approval of a Special Business Event License, and approval of Local Consent for a State -issued Single Event Permit. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Bailey moved to approve Permits for the Moab Rotary Car Show, April 28-30, 2017 with conditions outlined in the agenda summary, including approval of a Special Business Event License approval for a Park Use Permit for Swanny City Park. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Derasary moved to approve a Class II Beer License for Carrie Valdes, doing business as Miguel's Baja Grill. Councilmember Jones seconded the motion. The motion passed 4-0 with February 14, 2017 Page 2 of 6 CITIZENS TO BE HEARD PUBLIC HEARING SPECIAL EVENTS LICENSES 01:20 Agenda Page 7 of 213 Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Jones moved to Table Consideration and Possible Approval of Proposed Resolution #14-2017 - A Resolution Approving a Zoning Status Agreement For the Lionsback Resort. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Jones asked for an amendment to the agreement that would add SITLA's responsibility to reimburse the City for legal fees incurred if the City faces litigation over the Lionsback project. Councilmember Derasary asked for more clarification about the major change versus minor change issue surrounding the Zoning Status Agreement. Councilmember Jones moved to approve Proposed Resolution #13- 2017 — A Resolution of the Moab City Council and Mayor Establishing Renewable Energy and Greenhouse Gas Emissions Reduction Goals for Moab City. Councilmember Bailey seconded the motion. Councilmember Jones spoke about the need for the City to recognize climate change and to take action. Councilmember Derasary spoke about the significant input she received from constituents in favor of this motion. Mayor Sakrison endorse the motion. The motion passed 4- 0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Derasary voting aye. City Attorney McAnany updated Council on the Commercial Site Plan Moratorium. He stated he has been working with staff and hopes to have something before Council for review within thirty days. The Second Reading of Proposed Ordinance #2017-03 — An Ordinance Amending the City of Moab Municipal Code, Title 5, Chapter 5.09, Special Event Permits was cancelled. The Council heard the First Reading of the Draft Code Revision to Title 10, Chapter 10.04 Vehicle Code, to adopt state regulations on regulations on off highway vehicles and street legal ATV/UTV'S and to place a maximum speed limit on street legal ATV/UTV/Motorcycles on specified streets within city limits. Mayor Sakrison stated there are concerns about this code revision. He asked Community Services Director Weiser and Interim Police Chief Ross to do some research on February 14, 2017 Page 3 of 6 NEW BUSINESS ZONING STATUS AGREEMENT FOR THE LIONSBACK RESORT -- TABLED RENEWABLE ENERGY AND GREENHOUSE GAS EMISSIONS REDUCTION GOALS -- APPROVED COMMERCIAL SITE PLAN MORATORIUM UPDATE 1:39 SECOND READING --CANCELLED ATV/UTV SPEED LIMIT CODE REVISION —FIRST READING Agenda Page 8 of 213 the proposed regulation. Councilmember Derasary asked why only certain streets were being considered. Kent Green mentioned his work with the Throttle Down committee and discussed street -legal vehicles, noise levels of ATWUTV, and the need for public education. Cliff Coontz from Ride With Respect spoke about his inquiry into sound research. He stated he would support a limit of 96 decibels rather than a speed limit. City Planner Reinhart made a presentation on the history of the project, with additional information provided by Planning Assistant Johnson. City Attorney McAnany explained that Conditional Use Permits are designed to place conditions on the project. Councilmember Knuteson-Boyd moved to Table Consideration and Possible Approval of Proposed Resolution #03-2017 — A Resolution Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone. Councilmember Derasary seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Developer Mike Bynum stated he has been trying to provide housing for the people of Moab, and he wants citizens to appreciate that he is adapting his commercially -zoned project to take into account the concerns of the neighbors. Councilmember Knuteson- Boyd asked to make a site visit. Councilmember Jones moved to approve a Legal Services Contract by and Between the City of Moab and Dufford, Waldeck, Milburn & Krohn, LLP. Councilmember Derasary seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. MILL CREEK MULTI -FAMILY HOUSING PROJECT --TABLED LEGAL SERVICES AGREEMENT -- APPROVED Councilmember Knuteson-Boyd moved to approve Proposed CITY PARK FEE SCHEDULE Resolution #12-2017 — A Resolution Amending the Fee Schedule for APPROVED Moab City Parks. Councilmember Jones seconded the motion. Recreation Director Tif Miller highlighted the changes for Lions Park. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson- Boyd, and Derasary voting aye. Councilmember Derasary moved to approve Proposed Resolution #11- 2017 — A Resolution Recommending the Adoption of the Moab Area Affordable Housing Plan as an Addendum to the City of Moab General February 14, 2017 Page 4 of 6 AFFORDABLE HOUSING PLAN -- APPROVED Agenda Page 9 of 213 Plan. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Bailey moved to approve a Contract with Parr Brown Gee and Loveless ("Parr Brown") for specialized legal services regarding employment matters. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Bailey moved to adopt a Parameter Resolution authorizing the issuance of not to exceed $15,000,000 in Wastewater Revenue Bonds of the City of Moab, Grand County, Utah and calling of a public hearing to receive input with respect to the issuance of such Bonds and any potential impact to the private sector from the construction of the Project. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. The following agenda items were cancelled: Approval of Proposed Resolution #07-2017 — A Resolution of the Governing Body of Moab Declaring Certain City Property as Surplus; Review and Possible Approval of a proposed Lease Option Agreement for the rental of a recreational vehicle park located at 11781 South Highway 191 for the exclusive use of Waste Water Treatment Plant contractor; Consideration and Possible Approval of Proposed Resolution #10-2017 - A Resolution Approving an Improvements Agreement for the Buen Camino Boundary Line Adjustment Located at 459 and 469 Bowen Circle in the R-2, Single and Two Family Residential Zone; Consideration and Possible Approval of Proposed Resolution #09-2017 — A Resolution Approving the Improvements Agreement for Moab Bolt Company on Property Located at 245 W. North MiVida Drive. Councilmember Jones moved to approve Proposed Resolution #08- 2017 — A Resolution Approving an Improvements Agreement for the Slot Canyon Renovation Project Located in the C-2, Commercial - Residential Zone at 245 Williams Way. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Knuteson-Boyd moved to approve the following February 14, 2017 Page 5 of 6 EMPLOYMENT LAW LEGAL CONTRACT —APPROVED WASTEWATER REVENUE BONDS --APPROVED CONSENT AGENDA, APPROVED RESOLUTION #08-2017, APPROVED CHANGE ORDERS, APPROVED Agenda Page 10 of 213 change orders with Harrison Field Services for the Water Reclamation Facility (WRF) Site Preparation Project: REVISED Change Order #2 in the amount of $22,085; Change Order #3 in the amount of $1,060; Change Order #4 in the amount of $13,500; Change Order #5 in the amount of $36,850. Councilmember Bailey seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Jones moved to approve a Cooperative Agreement between the Utah Department of Transportation and the City of Moab for installation of Speed Radar Driver Feedback Signs on US-191. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Mayor Sakrison spoke about House Bill 253. Councilmember Derasary asked to reviewed the 2017 Agenda Schedule at the next meeting. She also asked for the consent of the Council to attend a climate change conference, at no public expense, to discuss the City's recent commitment to support Renewable Energy and Greenhouse Gas Emissions Reduction Goals. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $223,530.46. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Jones, Derasary and Knuteson-Boyd voting aye. Councilmember Bailey moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Mayor Sakrison adjourned the meeting at 9:25 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 14, 2017 Page 6 of 6 COOPERATIVE AGREEMENT, APPROVED COUNCIL & MAYOR REPORTS APPROVAL OF BILLS ADJOURNMENT Agenda Page 11 of 213 PROCLAMATION KZMU COMMUNITY RADIO DAY WHEREAS, MOAB'S COMMUNITY RADIO STATION KZMU WENT ON THE AIR APRIL 2, 1992, AND HAS SHOWCASED LOCAL VOICES AND MUSIC FOR THE PAST 25 YEARS, PROVIDING A PLATFORM FOR FREE SPEECH AND ORIGINAL MUSIC. KZMU IS HEARD AT 90.1 FM AND 106.7 FM AND STREAMED ONLINE AT KZMU.ORG ; AND WHEREAS, KZMU BOASTS THE ONLY ALL -VOLUNTEER AIRCREW IN UTAH, AND OFFERS LOCAL CITIZENS THE TRAINING AND OPPORTUNITY TO BE DJS. DJS EXERCISE CREATIVE CHOICES AND PREFERENCES IN MUSIC, AND RESPOND TO REQUESTS FROM THE COMMUNITY ; AND WHEREAS, KZMU OFFERS LOCAL PUBLIC AFFAIRS PROGRAMMING, COVERING GOVERNMENT, POLITICS, ARTS, BUSINESS, EDUCATION, SCIENCE AND HEALTH ISSUES FOR LOCAL RESIDENTS IN GRAND COUNTY, AND OFFERING A FORUM FOR REPRESENTATIVES OF ALL THESE CRUCIAL INTERESTS, ENCOURAGING CITIZEN DIALOGUE AND PARTICIPATION ; AND WHEREAS, KZMU BROADCASTS PROGRAMS PRODUCED BY AND FOR YOUTH OF ALL AGES, INCLUDING WORD OF THE DAY, SHINE TIME AND TWEEN TIME, AND OFFERS YOUTH ROCK CAMP MOAB ANNUALLY, PROVIDING AN OPPORTUNITY FOR KIDS TO LEARN HOW TO PLAY INSTRUMENTS, WRITE SONGS AND PERFORM IN FRONT OF A LOCAL AUDIENCE; AND WHEREAS, KZMU WORKS WITH AREA NONPROFITS AND LOCAL GOVERNMENT TO INFORM LISTENERS ABOUT EVENTS AND PROGRAMS THAT MAKE THE COMMUNITY A BETTER PLACE TO LIVE ; AND WHEREAS, KZMU USES SOLAR POWER TO SAVE FUEL AND PROVIDE A CLEAN ENVIRONMENT FOR MOAB ; AND WHEREAS, KZMU IS A UNIQUE AND VALUABLE RESOURCE FOR MOAB AND GRAND COUNTY RESIDENTS AND VISITORS, SUPPORTED ENTIRELY BY THE COMMUNITY, AND WORTH PRESERVING FOR THE FUTURE NOW, THEREFORE, I, DAVID SAKRISON, MAYOR OF THE CITY OF MOAB, UTAH, ON BEHALF OF THE ENTIRE CITY COUNCIL, DO HEREBY PROCLAIM, IN THE CITY OF MOAB, UTAH, APRIL 2, 2017 AS C T MOAB "KZMU COMMUNITY RADIO DAY" DAVID L. SAKRISON, MAYOR MARCH 14, 2017 RACHEL STENTA, CITY RECORDER MARCH 14, 2017 Page 12 of 213 3-1 Proclamations MOAB CITY COUNCIL MEETING March 14, 2017 Agenda Item #: 6-1 [Title: Approval of Special Business Event License for the 2017 Cruise Moab to be held May 3-7, 2017 Fiscal Impact: Minimal city staff support. Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Rising Sun 4 Wheel Drive Club of Colorado Background/Summary: Cruise Moab is an annual event and has been conducted successfully for numerous years and brings many visitors to our community. The City Special Events Committee reviewed the Special Event Business License for the 2017 Cruise Moab event and has no concerns or conditions. The Special Events Committee recommends approval of the Special Business Event License Application for the 2017 Cruise Moab. Staff Recommendation: Staff recommends approval. Recommended Motion: "I move to approve the special event application for the 2017 Cruise Moab." Attachment(s): Special Business Event License Application with Attachments 1 Agenda Page 13 of 213 6-1 Special Events DATE PAID: a9A-0 ` A:iOUNTPAID: VI RECEIPT NO.: `Gl T')D1 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Moats, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECfAL EVENT FEE: $200.00 PLUS (CHECK ONE): TRANsIENT ($90): OR ® CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: , p, oo NAME OF EVENT: C4 V I s C ,/704,8 -2C it? DESCRIPTION OF EVENT: y Amiga. z•[//;/✓T WAN I(4��Si/241-,r6N�414,1'74,4 A4e47, 4,4 Ci4/egef0 DIA7,✓y/2, LOCATION OF EVENT: 13 t)2 14, G/4 Gyg I yl PREMISES TO BE USED: 1.3 72 4/ li1-7.C-'14- TEMPORARY STRUCTURES TO BE USED (IF ANY): .77Z /I Y(9 )� id DATE(S) AND TIME(S) OF EVENT: �' E i A AT Xf7/y LJ/ZJ/ S %ir�T "14/ 3 8-12-.) 1/k:Air 44/1)S rn» i' 7 6 e4/1-7' cie;m/ •/, ANTICIPATED it OF EVENT PARTICIPANTS: 3©C7 DR. v,S.S NUMBER OF VENDORS PARTI CPATI NG: �i'�'R�JX /S -7 TYPES OF VENDORS PARTICIPATING IN EVENT: 141-.4/PePti / g' // ,^yPAp/f�G%/2 ("e'O -5' 52- SAKV-rCk f %rt 44-Pio TO 774.4. �wv commrrn/z�� EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHA.RGES, ETC.): EVENT SPONSOR'S NAME: &TeX-M/6 ,S U,aV Lf Lf/�%/1 �L Dot//_ G L. v.6 reie: 1/4- %jf PHONE: SPONSOR'SADDRESS: 1! o. Hex 260/,3r- YCITY: LAW/a4V,Ij/ STATE: ee ZIP: PO/a) SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: / EI/✓ SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION:O PROPRIETORSHIP O PARTNERSHIP 0 CORPORATION g OTHER (SPECIFY): 9 4-/f/� F'L U/i EVENT SPONSORS SALES TAX ID T): NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: 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 ISSUANCE OF A UCENSE WILL BE DELAYED. IfWINE✓A, %%� HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH TMOAB CITY t E PRINT'' ' AME(S) Lc L�l HE BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE A.GREc TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah ) SS County of Grand ) SUBCRIBE AND SVVOR to befs 0,\\\ NOTARY PUBLIC 2-// ?17 U ie re me this-e, day of ,?,01 1 . SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 14 of 213 DWIGHT MATTHEW PORTER NOTARY PUBLIC • STATE OF COLORADO Notary Identification CO1E4028121 t Comrrlssion Expires 7/25/2020 6-1 Special Events Cruise Moab 2017 For our "Cruise Moab" 2017 event, most of our participants will stay at Slick Rock Campground. We therefore received permission from the owner of the back lot at 1372 N. Highway 191 (south of the campground) to use it for our event. The following activities are planned: Tech Inspection Registration/Checkin Event merchandise sales A Vendor night gathering A Raffle/Dinner Vehicle recovery and Safety demonstration We plan to have a 40' x 100' tent erected on the site (see attached site plan), and the porta potties delivered on Tuesday May 2nd. We will also erect a 10' x 10' tent for tech inspections. 5/3 - The Tech inspection, Registration, Check in, and Event Merchandise sales. 5/4 - Late Registration and Tech inspection early in the morning, prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - We will have a Vendor night in the evening, where registered Vendors will setup to display and sell merchandise. 5/5 - Late Registration and Tech inspection prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - In the evening we have planned our Raffle and Dinner catered by Nick Clayton (affiliated with the "Sunset Grill"). 5/6 - Very late Registration and Tech inspection prior to the guided trail rides. 5/7 — Event cleanup. The Porta potties and Large tent will be removed by the vendors early the week of May 8th. Sales Tax Licenses: The State of Utah is sending us 20 Tax Licenses to assign to Vendors. We were instructed to assign a license for this event to each vendor, and provide a list to the State of which license was assigned to each vendor. We do not have the exact License numbers to provide on the permit application at this time. List of Vendors: We have Several Vendors such as Slee Offroad, Cruiser outfitters, and Gamaviti that want to participate in Vendor night. We will provide the full list to the city the Week before the event. Health Department: We spoke to Orion Rogers last year from the health department, and explained we do not plan to have any food vendors. We only plan to have a dinner catered by Nick Clayton ( affiliated with Sunset Grill) on Friday night. Last year he indicated this should not be a problem, and said he would sign off on the permit if needed. We will contact him again this year and see if there are any changes, Questions, or concerns with doing things the same as last year. Page 15 of 213 6-1 Special Events Cruise Moab 2017 Fee Explanation: We limit our Cruise Moab event to an absolute max of 200 Registered Drivers (vehicles). Most years we see the number of registrants at approx 180 or less registered drivers. Registration occurs prior to the event via our online website Base registration is $175 per Driver (Vehicle). This includes the following for each participant: Guided trail rides on trails permitted through the BLM, State of Utah School and Institutional Trust Lands Administration, and National Park Service. 1 dinner for Friday night 1 T-shirt. During online registration, the pre-order/purchase of additional Dinners, and Cruise Moab merchandise (t-shirts, hoodies, hats, stickers, ect) are available. At the Event: - Registrations will be available for purchase at the event for any spots not yet filled. - A limited number of additional dinners will be available for purchase by family and passengers (not to exceed our limit of 300 dinners ). - Cruise Moab Merchandise will be available for purchase (t-shirts, hoodies, hats, stickers, ect). Raffle tickets will be available for purchase, for our Friday night raffle. Additional Fees/passes: Additional fees for BLM are collected per passenger, per day, as part of our permit agreement. - A valid park pass is required for some trails. Participants are responsible for acquiring one at their own expense if needed. Page 16 of 213 6-1 Special Events s�uan3 Roads 1-9 C`U'1 5.6- ih.a4/B s :-nE P L A-- � 3 De2 i �P a r K , �� Tech Sr15.yee+ o , a L'ki 5� n (3`;14 ; 4,5 1 Tra korT )4 ,nd PO,4P >7b14,zs$ • CaM1012.1:11 �a-fe 1-1-LivY 1 q �r*Pc•Mh &A-treotee rived Sleek � � "7 Cc�v :EWA 4-- 904tal a 51 rct( Roc4 c.G, Page 17 of 213 epwa6d Cruise Moab is May 2-7 2017 OVERVIEW Cruise Moab HQ will once again be at Slickrock Camp Ground. • Event check -in, vehicle safety inspection, dinner and raffle will be in the parking lot just south of Slickrock Campground (no driving required). • Cruise Moab is a Toyota Land Cruiser Association sanctioned event and all drivers must be current TLCA members to participate. Click here to join the TLCA or to renew your membership. • Basic cost of early registration is again $175, later registrations will be $199. Click here to get all the details about what's included and additional fees that may be required based on which trails you select. • Click here for our Refund and Cancelation Policys Have a question about your registration? Click here to send an email to registration@cruisemoab.com. SCHEDULE OF EVENTS • Tuesday, May 2nd Setup Kokopelli overnight run begins • Wednesday, May 3rd For most participants, we recommend arriving on Wednesday by mid -afternoon Registration Check -In / Orientation and Vehicle safety inspection 8:00 am - noon / 1:00 pm - 5:00 pm San Rafael Swell overnight run begins Night run on Hells Revenge trail • Thursday, May 4th Check -In / Vehicle Inspection 7:00 am - 8:00 am Guided trail runs: DAY 1 9:00 am Vendor Night @ 6:00PM - DON'T MISS IT! • 0 .0 as 01 4 Page 18 of 213 6-1 Special Events " F r i d a y , M a y 5 t h C h e c k - I n / V e h i c l e I n s p e c t i o n 7 : 0 0 a m - 8 : 0 0 a m G u i d e d t r a i l r u n s : D A Y 2 9 : 0 0 a m T h e f a m o u s r a f f l e & a w a r d d i n n e r @ 6 : 0 0 p . m . " S a t u r d a y , M a y 6 t h L a t e C h e c k - I n / V e h i c l e I n s p e c t i o n 7 : 0 0 a m - 8 : 0 0 a m G u i d e d t r a i l r u n s : D A Y 3 9 : 0 0 a m " S u n d a y , M a y 7 t h C l e a n u p a n d d e p a r t u r e " B e s u r e t o f o l l o w u s i f y o u u s e F a c e b o o k t o s t a y p l u g g e d i n a s w e l l . P a g e 1 9 o f 2 1 3 6 - 1 S p e c i a l E v e n t s MOAB CITY COUNCIL MEETING March 14, 2017 Agenda Item #: 6-2 Title: Approval of Special Business Event License for the First Annual MCS Color Run to be held May 20th, 2017 Fiscal Impact: Minimal city staff support. Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Moab Charter School / Karisa Larsen Background/Summary: The Moab Charter School is proposing a "color run" as a fundraising event for school improvements. A "color run" is an organized running event where are different intervals along the run participants are doused with colored cornstarch. The Special Events Committee reviewed the route for the run and discussed safety and logistics and finds that the event can be approved minimal conditions. The Committee recommends approval of the Special Business Event License Application for the MCS Color Run with the following conditions: 1. Applicant is responsible for cleanup of all colored cornstarch on public property. 2. Applicant will have volunteers on hand to ensure that participants will run on public sidewalks and not in the street. Staff Recommendation: Staff recommends approval. Recommended Motion: "I move to approve the Special Business Event License for the First Annual MCS Color Run." Attachment(s): Special Business Event License Application with Attachments Agenda Page 20 of 213 6-2 Special Events CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION SPECIAL EVENT FEE: PLUS (cH1E-GicONE): ❑ TRANSIENT ($90): $200.00 DATE PAID: AMOUNT PAID: RECEIPT NO.: 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB OR O CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: NAME OF EVENT: j4 >.) 1r CI ILO (( DESCRIPTION OF EVENT: �u- VV TA+ C e l0 LOCATION OF EVENT"+ PREMISES TO BE USED.. TEMPORARY STRUCTURES TO BE USED (IF ANY): ` C} DATE(S) AND TIME(S) OF EVENT: 'NI\A �C, / 2. It9 —1— . 0,4 ANTICIPATED # OF EVENT PARTICIPANTS: I CA) — (SO NUMBER OF VENDORS PARTICIPATING: - ,— TYPES OF VENDORS PARTICIPATING IN EVENT: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): E.01-9 ' EVENT SPONSORPHONE: NAME: 1 SPONSORS ADDRESS: �+�� CITY: kW) STAT01— ZIP:c�2 , TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP O CORPORATION tgOTHER (SPECIFY): SC k-k Cr)� EVENT SPONSORS SALES TAX ID #:MEM NAME REGISTERED WITH THE STATE FOR 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 ISSUANCE OF A LICENSE WILL BE DELAYED. IlWE NAM I BUSINESS LICENREGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFO N IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION E AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY 'ign FS sor —State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this ft day of NOTARY PUBLIC -I b-t1 Date 64 to 4 r 2 d / �- ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Q .0 as 01 4 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 21 of 213 I� 6-2 Special Events To Moab City: Moab charter school, a 501C3 nonprofit organization, is applying to host a color run as a way to raise funds for the school property upgrades and improvements. All money generated by this event will go directly to the school. We are asking the City of Moab to waive the Special event fee to help keep our cost down. It would be greatly appreciated. Thanks, Karisa Larsen Board member, Parent and race coordinator. Page 22 of 213 6-2 Special Events Q V dl 01 4 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 23 of 213 6-2 Special Events Parking for this color run will be on the district property across from the park. Permission has been granted from the district for this day. Rotary park has also been secured for that day. MCS Color run will begin at Rotary Park at 9:00 a.m. We will be releasing runners in waves/groups of 20-25 runners per wave to relieve any congestion on the pathway. I have spoken to Mike from the parks dept. and explained how the run and the color works. He has said that he has no issues or concerns thus far. We will stay on the pathway going under the bridge at 400 east and turning towards GCHS. From there we run thru the GCHS soccer field, around Devil drive, thru the parking lot and to the west side of GCHS exiting by the tennis courts. (Permission has been granted from Principal Steve Hren) The race will continue thru GCMS soccer field exiting to the pathway and heading east (right) to the dirt trail along Milcreek. (Permission has been granted from Principal Snow for the GCMS field) This trail connects back to the pathway in front of YGP. We will take a right and head west on the pathway exiting left at the parking lot between GCMS VOC center and the bark park. (Permission again from Principal Snow) Leaving this parking lot we will head around the bark park to 300 south and run east along the sidewalk, past Moab Charter School to 400 east turning right and staying on the side walk until the bridWe will then go under the bridge and then head back to the rotary park using the pathway. The end celebration will be held between the pavilion and the old bathroom structure at the rotary park. It will consist of a color blast, where the finishers will take the single packet of color given to them pre race and throw it up into the air of the crowd. It will be in a contained area and go every 15-20 min until all runners have finished. Clean up will take place along the whole course and be completed by the end of day. A MSDS sheet has been submitted from the company we buy the powder from. It wont harm anything along the course. a d 4 Vcm aN d 4f k):k-1) CNI Dog W\Ii\ Dui -WA 01 pCIDOE, *it \\ \7.e. 11114q1.5 evV.OLYyr. 2(.7 2 -r7, 4\—v -A-‘itDAD C P.iw Q co Ne(cst ram, ` ‘,N.5-1 1\ a avNc104- 11-\a"E, . 12\A*Pevs- ��NC7 s2.o/1/4-10 ro--r Page 24 of 213 6-2 Special Events /i/./(//J4 gieNS gmopui give permission to Moab Charter School to use a section of our prop - ty identified as ,va-f�- � �.� lgr,0 � e for the MCS Color Run set to be held on May 20, 2017. MCS agrees to clean the area by the end of the race day. Page 25 of 213 Q v\ N Gl ��=5 give permission to Moab Charter School to use a section of ur property identified as (0a% H-oo (,5)- or the MCS Color Run set to be held on May 20, 2017. MCS agrees to clean the area by the end of the race day. Ls4.uana ppads Z-9 Page 26 of 213 t°oz kow + 103!{ -;mod 0..A- .ionsa‘wan-1- E � �0-6 s4.uan3 lopads z-9 N O 1`~ \ ci 1^10 - PSI t5.k51 /30k S1/40 e 4-eiz))(39 4/00N\-)4A-M, � . NI a ski =. Arzoico --AN} t.rtj aNi-8,J oicd.4 {goo opwaGv Color Blaze Supply LLC Updated Issue: 7-7-2015 Material Safety Data Sheet Colored Cornstarch Section 1: Identification Product Name: Colored Cornstarch Product Formulation: Cornstarch & FD&C Aluminum Lakes Physical Appearance: Solid Powder Color: Blue, green, yellow, pink, purple, orange, red, and white General Use: Dispersal onto participants in 5k, color wars and various celebrations Section 2: Hazard identification HMIS Ratings Health Hazard: 1 Flammability Hazard: 0 Reactivity Hazard: 0 Max Personal Protections: E Section 3: Composition/Information of Ingredients I aasndau: 61a1erIsis ibsntlfleadcn Sy lErn y =:" I_ t 44=4 A sass B + G +nit+`de' H +sip+-# + r�+ J +.a+ t x • " Y 'iL Ne W Weight % CAS No OSHA/PEL ACGIH/TLV* Cornstarch 92.5-00.1 0995-25-8 10 mg/m 3 5mg/m3 FD&C Blue # 1 Lake Proprietary 57455-37-5 N/A N/A FD&C Red #40 Lake Proprietary 68583-95-9 N/A N/A FD&C Yellow #5 Lake Proprietary 122225-21-7 N/A N/A FD&C Yellow #6 Lake Proprietary 15790-07-5 N/A N/A Section 4: First Aid Measures Inhalation symptoms Seek medical attention if discomfort develops Page 28 of 213 6-2 Special Events Eye Contact Skin contact If discomfort develops, flush eyes with water for 15 minutes, occasionally lifting upper and lower eyelids. Seek medical attention if necessary. Safety eyewear if recommended whenever dusty powder situations are encountered. If discomfort develops, wash with soap and water if irritation develops. Product may have abrasive action. Ingestion If discomfort develops when ingested, do not vomiting. If conscious, drink two glasses of water. Seek medical attention if necessary. Section 5: Fire -Fighting Measure Flammability Class: Starch is a class ST1 dust at normal moisture level Flash Point: Auto ignition temperature: 170 degree C Above this temperature starch will self -heat Extinguishing Media: Use water Explosive Range: Lower explosive limit: 60 g/ms Minimum Ignition Temperature: >30 mJ at moisture level P Max: 9.5 bar Kst: 170 Bar.m/s. Layer Ignition Temperature: > 450 degree C Auto ignition temperature: 170 C. Above this temperature starch will self -heat In fire, it may decompose to release carbon dioxide, water and carbon monoxide (incomplete combustion). Flammable Properties: During a fire, irritating and toxic gases may be formed. Do not breathe smoke or fumes. Wear suitable protective equipment. Fire Fighting Instructions In case of fire, use water In certain conditions starch/air mixtures are explosive. Avoid any ignition source Page 29 of 213 6-2 Special Events Section 6: Accidental release measures Proper respiratory and personal protective equipment may be required. Scoop up excess and place into proper containers. Temporary staining may occur. Follow all federal, state, and local regulations for proper disposal. Spilled materials may become slippery when wet. Care should be used. Section 7: Handling and storage Scoop up spilled material into a proper container for disposal. Dispose material according to federal state, and local regulations. Follow all legislative requirements for non -hazardous waste disposal. Store product in a dry, cool area for best storage. 50 to 90F storage temperature. Do not expose to open flame or sparks. Store away from heat. Section 8: Exposure controls/personal protection Control Parameters: Respiratory: Ventilation: Use proper ventilation to keep respiratory exposure low Respiratory protection is recommended Dust collection/ventilation is recommended. Never use in an enclosed area Eyes: Eye Protection is suggested Section 9: Physical and chemical properties Solubility in Water: Insoluble Reactivity in Water: Not known Flash Point: Not applicable Appearance: Varies Blue, Green, Yellow, Pink, Purple, Orange, Red & Teal Odor: None to mild Fire Explosion Hazard: Starch/Air mixtures form explosive mixtures under certain extreme condition. Keep away from any ignition source Extinguishing Media: Water, foam dry powder extinguisher Stability: Stable Materials/Conditions to Avoid: Excessive heat, open flames, sparks Section 10: Stability and reactivity Stability: Starch/air mixtures form explosive mixtures in certain extreme conditions. Refer to conditions in section 5 Page 30 of 213 6-2 Special Events Incompatibility: None Hazardous Decomposition Products: Refer to conditions in section 5 Hazardous Polymerization Products: Refer to conditions in section 5 Section 11: Toxicological information No Toxicological studies have been conducted on this product. Section 12: Ecological Information No Studies have been conducted on this product. Section 13: Disposal Dispose of in accordance with local, state and federal regulations. Section 14: Transport Information DOT: Not Regulated IATA: Not Regulated IMDG/IMO: Not Regulated Section 15: Regulatory Information SARA TITLE III SECTION 313: This product contains no chemicals subject to the reporting requirements of Section 313 of the Emergency Planning and Community Right -to -Know Act. SARA TITL 311 AND 312: None TOXIC SUBSTANCE CONTROL ACT (TSCA): Included on the TSCA inventory under the Chemical Abstracts Service number 9005-25-8 which is described as "starch dust". Product may be considered to be 92.5- 99.1% of the material listed under the CAS number. STATE REGULATIONS CALIFORNIA PROPOSTION 65: None New Jersey RTK Hazardous Substance List: Blue 1 Alum Lake. This component is only used in blue, green, and purple colors less than 1%. Clean Water Act, Clean Air Act, Hazardous Air Pollutants (HAPS), and Clean Air Act Amendments This product contains no ingredients regulated by these acts. 0 .0 dl 01 4 Page 31 of 213 6-2 Special Events Section 16: Other Information This product should be stored, handled and used in accordance with good industrial hygienic practices and in conformity with any legal regulation. The above information is based on the present state of our knowledge of product at the time of publication. The user must satisfy himself that the product is entirely suitable for his purpose. This information contained herein is based on the present state of our knowledge and believed to be correct but does not purport to be all-inclusive and shall be used as a guide. It does not represent a guarantee of properties of the product. It is the user's responsibility to determine the safety, toxicity, suitability of the product, all applicable national, international and local regulations or provisions and all above information for his/her own handling and use. No guarantee expressed or implied is made by Color Blaze Supply LLC and shall not be held liable for any damage resulting from handling, use of from contact with the above product. User assumes all risk and responsibility. Page 32 of 213 6-2 Special Events " V I n g r e d i o r t C O R N P R O D U C T S T M / C A S C O T M C o r n S t a r c h F o o d G r a d e , U n m o d i f i e d 0 3 4 0 3 0 C o r n P r o d u c t s ' ' / C a s c o ' C o r n S t a r c h , F o o d G r a d e , U n m o d i f i e d 0 3 4 0 3 0 i s a g e n e r a l p u r p o s e , t h i c k b o i l i n g c o r n s t a r c h f o r u s e i n f o o d a p p l i c a t i o n s . C h e m i c a l a n d P h y s i c a l P r o p e r t i e s M i n . M a x . M o i s t u r e , % 9 . 0 1 2 . 5 S c o t t V i s c o s i t y ( 1 2 g ) , s e c s . 7 5 p H 4 . 8 5 . 8 T o t a l P r o t e i n , % - 0 . 4 5 S O 2 , p p m < 1 0 A s h , % 0 . 2 S e n s o r y D a t a O d o r F l a v o r N o d e t e c t a b l e f o r e i g n o d o r C l e a n , t y p i c a l t a s t e M i c r o b i o l o g i c a l S t a n d a r d s S t a n d a r d P l a t e C o u n t / g Y e a s t / g M o l d / g C o l i f o r m s / g E c o l i / 3 0 g S a l m o n e l l a / 1 0 0 g M a x . 1 0 0 0 5 0 5 0 1 0 N e g a t i v e N e g a t i v e N u t r i t i o n a l D a t a / 1 0 0 g C a l o r i e s T o t a l C a r b o h y d r a t e , g S i m p l e S u g a r s , g O t h e r C a r b o h y d r a t e , g S o d i u m , m g T y p i c a l 3 6 0 8 9 0 8 9 1 0 T h e r e i s n o f a t , p r o t e i n , f i b e r , v i t a m i n s , o r o t h e r m i n e r a l s o f d i e t a r y s i g n i f i c a n c e . C e r t i f i c a t i o n K o s h e r p a r e v e H a l a l P a c k a g i n g a n d S t o r a g e B a g s S u p e r s a c s B u l k P r o d u c t s h o u l d b e s t o r e d a t a m b i e n t t e m p e r a t u r e u n d e r c l e a n a n d d r y c o n d i t i o n s . S h e l f L i f e 3 y e a r s R e g u l a t o r y D a t a C A S N o . 9 0 0 5 - 2 5 - 8 U n i t e d S t a t e s M e e t s F C C ( F o o d C h e m i c a l C o d e x ) r e q u i r e m e n t s . L a b e l i n g C o r n S t a r c h C a n a d a S t a n d a r d F o o d L a b e l i n g C F D A R e g u l a t i o n B . 1 3 . 0 1 1 C o r n S t a r c h F e a t u r e s a n d B e n e f i t s W h i t e p o w d e r A d d s n o c o l o r t o a p p l i c a t i o n B l e n d s w e l l w i t h o t h e r i n g r e d i e n t s B l a n d t a s t e W i l l n o t m a s k f l a v o r s a n d a r o m a s E f f e c t i v e D a t e : F e b r u a r y 2 4 , 2 0 1 5 N e x t R e v i e w D a t e : F e b r u a r y 2 4 . 2 0 1 7 T h e i n f o r m a t i o n d e s c r i b e d a b o v e i s o f f e r e d s o l e l y f o r y o u r c o n s i d e r a t i o n . i n v e s t i g a t i o n , a n d i n d e p e n d e n t v e r i f i c a t i o n . I t i s u p C O y o u t o d e c i d e w h e t h e r a n d h o w t o u s e t h i s i n f o r m a t i o n . I n g r e d i o n I n c o r p o r a t e d a n d t h e I n g r e d i o n g r o u p o f c o m p a n i e s m a k e n o w a r r a n t y a b o u t t h e a c c u r a c y o r c o m p l e t e n e s s o f t h e i n f o r m a t i o n c o n t a i n e d a b o v e o r t h e s u i t a b i l i t y o f a n y o f t h e i r p r o d u c t s f o r y o u r s p e c k i n t e n d e d u s e . F u r t h e r m o r e , a l l e x p r e s s o r i m p l i e d w a r r a n t i e s o f n o n i n f r i n g e m e n t m e r c h a n t a b i l i t y , o r f i t n e s s f o r a p a r t i c u l a r p u r p o s e a r e h e r e b y d i s c l a i m e d . I n g r e d i o n I n c o r p o r a t e d a n d t h e I n g r e d i o n g r o u p o f c o m p a n i e s a s s u m e n o r e s p o n s i b i l i t y f o r a n y l i a b i l i t y o r d a m a g e s a r i s i n g o u t o f o r r e l a t i n g t o a n y o f t h e f o r e g o i n g . T h e I N G R E D I O N m a r k a n d l o g o a r e t r a d e m a r k s o f t h e I n g r e d i o n g r o u p o f p e N 9 a r 4 A . 9 f l 4 i i l a s r e s e r v e d . A l l c o n t e n t s c o p y r i g h t � 2 0 1 2 . 5 W e s t b r o o k C o r p o r a t e C t r , W e s t c h e s t e r , I l l i n o i s 6 0 1 5 4 U . S . A . P h : 7 0 8 . 5 5 1 . 2 6 0 0 I 6 0 0 - 9 0 B u r n h a m t h o r p e R o a d W M i s s i s s a u g a , O n t a r i o L 5 B O H 9 C a n a d a P h : 9 0 5 . 2 8 1 . 7 9 5 0 w w w . i n g r e d i o n . c o m 6 - 2 S p e c i a l E v e n t s Ingredion April 1, 2015 Ingredion Incorporated 5 Westbrook Corporate Center Westchester, Illinois 60154 United States t: +708-55 I -2600 w: ingredion.com Allergen & Sensitizing Agent Information - Corn ProductsTM/CascoT"I Corn Starch,Food Grade Unmodified With regards to your inquiry concerning the presence of allergens and sensitizing agents in Corn ProductsTm/CascoTM Corn Starch,Food Grade Unmodified, the attached table provides information concerning the presence of these materials in the product and at the manufacturing facility. Material Contained as ingredient? Present at plant? Milkt" No No Eggs12,3 No No Fish12,3 No No Crustacean shellfish' 2 3 No No Molluscs2 3 No No Tree Nuts' '2 3 No No Peanuts' 2,3 No No Legumes No No Soybeans' ,2,3 No No Wheat' '2 No No Gluten -containing Grains2,3 4 No No Sesame seeds" No No Celery' No No Mustard3 No No Lupin3 No No Sulfites" Yes, <10 ppm Yes Monosodium glutamate (MSG) No No Hydrolyzed vegetable protein (HVP) No No Butylated hydroxyanisole (BHA) No No Butylated hydroxytoluene (BHT) No No Tertiary butylhydroquinone (TBHQ) No No Colorings5 No No Allergens identified by the FDA as causing serious allergic reactions in some individuals 2 Priority Food Allergens identified by Health Canada 3Allergenic foods identified in Annex Illa of the EU Labeling Directive 4 Gluten -containing grains include barley, oats, rye, triticale, wheat, kamut, spelt, or their hybridized strains. 5 FD&C certified (including Yellow 5 & 6), titanium dioxide, carmine, artificial colorings All facilities that manufacture or package this product have Allergen Control Programs in place to manage the risks associated with allergens. Thank you for your interest in Ingredion Incorporated products. For further assistance, please contact us at NAQuality.DocumentsPingredion.com. /V /4 iieret,iea eaadt' {isnetetioe Ingredion Incorporated Westchester, IL 60154 Page 34 of 213 Next Review Date: April 1, 2018 6-2 Special Events MOAB CITY COUNCIL MEETING March 14, 2017 Agenda Item #: 6-3 [Title: Approval of Special Business Event License for the 2017 Moab Easter Jeep Safari Jeep Enthusiast Event held at the Walker Drug Parking Lot April 9-15, 2017 Fiscal Impact: Minimal city staff support. Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Creative Solutions Group, Inc. / Denis Mohr Background/Summary: The Jeep Enthusiast Event is an annual event held in conjunction with the Moab Easter Jeep Safari. The event is held in the parking lot of Walker Drug and Walkers True Value Hardware. The City did receive complaints during a previous event, but the applicant feels that have made appropriate changes to avoid conflict this year. The Special Events Committee reviewed the application and had no concerns. The Committee recommends approval of the Special Business Event License Application for the Jeep Enthusiast Event with the following conditions: 1. Applicant is responsible for control of all pedestrian and vehicular traffic to and from the site. 2. Applicant will have volunteers on hand to ensure that customers and event goers know where to park and control the flow of traffic. Staff Recommendation: Staff recommends approval. Recommended Motion: "I move to approve the Special Business Event License for the 2017 Moab Easter Jeep Safari Jeep Enthusiast Event" Attachment(s): Special Business Event License Application with Attachments Agenda 1 Page 35 of 213 6-3 Special Events Mtt 1 Qlll acre • Span State of 1. teh SUBORNEDCounty o D SWORN to before me this tV — day of (J` f , , DATE PAID: AMOUNT PAID: RECEIPT No.: o?,-,/a `la -,q16o1) +1 j (rf pia 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 ($90): OR ri CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 $ 90 $290 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO SE USED: Moab Easter Jeep Safari 2017 Jeep Enthusiast Event with Exhibits 290 South Main Parking Lot - Walker Drug TEMPORARY STRUCTURES TO BE USED (IF ANY); Mobile Exhibit - 1 - 20 x 20 Tent, 3 - 10 x 10 Tents DATE(S) AND TIME(S) OF EVENT: 4/9/17 - 4/15/17 9am-8pm ANTICIPATED # OF EVENT PARTICIPANTS: 1500 TYPES OF VENDORS PARTICIPATING IN EVENT: FCA Jeep NUMBER OF VENDORS PARTICIPATING: 1 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC): None EVENT SPONSOR'S NAME: FCA c/o Creative Solutions Group, Inc. PHONE: (248) 288-9700 SPONSOR'SADDRESS; 1250 N Crooks CITY: Clawson STATE: MI ZIP: 48017 TYPE OF ORGANIZATION: ❑PROPRIETORSHIP dPARTNERSHIP CORPORATION OOTHER(SPECIFY): EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: Creative Solutions Group, Inc. CONTACT EMAIL ADDRESS: dmollrQ@csgnow.Com 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 ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE James A Trentacosta HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY CFO- SecretaffilYd stif* - Creative Solutions Group Inc. BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPOliE OR). UWE AGR EE TO Fll� 1S�PROPER R.EPORTS WITH THE STATE OF UTAH. 6/ Date a/V44 4 NO ARY PUBLIC ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. 0 .0 dl 01 4 Page 14 Of 26 Page 36 of 213 1 LAURA D. BRiSTOL-PUGH Notary Public, &ate of Michigan County of Oakland My Commission Ixpiies Feb. 05, 2019 Acting in the CDurg of 6-3 Special Events ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(5): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL. 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Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Moab Arts and Recreation Center / Meg Stewart Background/Summary: Plein Air Moab is changing in 2017 to the Red Rocks Art Festival. The week-long event will culminate in a one day street festival on Saturday October 14th. The street festival will require the closure of 100 North from 100 East to 200 East. The Special Events Committee reviewed the request and requires the following conditions; 1. Applicant to Contact EMS 2. Applicant shall provide extra trash cans 3. Applicant shall provide a sufficient number of Port-o-Potties 4. Applicant shall notify residents in the area 5. Relocate the Kids Art tent 6. Applicant shall provide any and all Food vendors and other Vendors on the required Vendors list one week prior to the event 7. Artists on City sidewalks need to stay out of right of way 8. All signage shall be placed out of City Right of Way Recommended Motion: "I move to approve the Special Business Event License for the 2017 Moab Red Rock Arts Festival" Attachment(s): Special Business Event License Application with Attachments Agenda Page 51 of 213 6-4 Special Events DATE PAID: AMOUNT PAID: RECEIPT NO.: 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 ($90). OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 NAME OF EVENT: n J�r //' - -ls ('C,k KV GLi `, f (� �,,,(! / e j �+ DESCRIPTION OF EVENT: Ptti l k T ce � ��Vi'f 'f `1 rwY-ef. `-634r, r �' e 1 `^l Yid.- L lisp; � LOCATION OF EVENT: Mo-DJa A-reS 4 g.t.. C,oerte/� J 00 N ��jl/� �Q.I/r� v 0 -6 "f r%x) PaK'ablt. PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: Pdo / 1 U d D NUMBER OF VENDORS PARTICIPATING: Ari"LS k I/1 VeAL2)(3 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): rewn S bow Ceis EVENT SPONSORS NAME: SPONSORS ADDRESS: ofMLIA.b Mac_ 1tl 1). tdo ►� CITY: 1V� �6,,,k) TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION MOTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: CONTACT EMAIL ADDRESS: ' iem) PHONE: 4 %6 "" 2- 6(' CP24 Z STATE: u-r ZIP: g-t ,2_ �? avfiCY\ N`,121YYi 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 ISSUANCE pOFA�'LICENSE WILL �/BE��DELAYED. INVE\ \�+�FWr� U\-e o\A- HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 3f62f Signature of Sponsor State of Utah ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLIC day of 1D ate ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. PaQ8w216r4'2fi 6-4 Special Events ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: lokaC,hmuAl' LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: P YolgS31 ;PI ?9 6-4 Special Events Red Rock Arts Festival Overview (previously Plein Air Moab) Plein Air Moab is an annual event that celebrates open-air painting in and around Moab. The Moab Arts and Recreation Center (Moab City Building) has been administering the event since 2009. Participating artists are invited to compete in Quick Draw competitions and the Main Competition to win awards and cash prizes. Many aspects of this festival are hugely successful, although we seek to increase public participation in the daily events. This coming autumn (October 7th -14th, 2017), we are evolving Plein Air Moab into Red Rock Arts Festival: Celebrating Land -Inspired Art. Moab residents and visiting tourists can look forward to exploring a diverse schedule of opportunities; Land -inspired art workshops, lectures, performances, demonstrations, and art experientials. While maintaining our well -loved Plein Air schedule, this change will allow us to broaden the offerings of our festival to attract a more diverse demographic of locals and visitors. In efforts to create more attractive and broadened programming, we will end Red Rock Arts Festival with a one -day street festival. The Red Rock Arts Festival is important because it provides a platform for community involvement in arts, promotes both amateur and professional artists, and fosters Moab as an arts destination. We seek approval for the following: • October 7th -14th, 2017: Week-long Red Rock Arts Festival O 1,000 attendees throughout the week, estimated goal • Wednesday, October 11th, 2017: Downtown Quick -Draw painting competition O 80 participants, estimated • Saturday, October 14th, 2017: Street Festival 12pm - 9pm O Proposing 1-block street closure on 100 North, between 100 East and 200 East O Live performances O 30 food and artisan vendors, estimated O 1,000 attendees, estimated goal between the hours of 12pm and 9pm Page 54 of 213 6-4 Special Events s4.uan3 ppads .17-9 npua6v £ 6Z Jo 9S abed SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: k.e A Rol.^ DATE(S) OF EVENT: i V t-t (` I - `D' BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TPOTX LICENSEEMRE N0./SALESSALES TAAX ID C' (A 1q000 '1,t1 e . cAritt,+r si. «35J 2,5gi -(02-i2 P" r+ Mom Nrk-s cund R.2Gtk,ackion Ctn+p,< 10 bQ. 6Q -ec \ \szA Af+150,n ijenc Dv — —% \DQ✓ d�\� cb�QA .voc v\imdoIr �ui1 V\S-V W t t\ b12, S�P�P-ed font. -the. 09/08/03 6-4 Special Events Page 18 of 26 r Parking for Red RockArts Festival ease park in angled parking spaces. Avoid residential areas. - A ori) y ill" EN L --- %— oastens • US Post Office Framed 'ma o e r— L I� Street closure for Red Rock Arts Festival Planning •r Pt1 Grand Cou • iii tenteM " ■ } 24'�Yl� E Libra, 6-4 Special Events MOAB CITY COUNCIL MEETING March 14, 2o17 Agenda ltem #: 6-5 Title: Approval of a Private Property Vendor License for Tina Meyer, d.b.a. Red Rock Sno Company to conduct a Hawaiian Shaved Ice Business, Located at 83 South Main Street for a term of April 1, 2017 to August 31, 2017 Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer Applicant: Tina Meyer Background/Summary: This application is for a vendor license. The applicant was approved last year for a food cart at this same location. There were no issues with the previously approved license. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for Tina Meyer at 83 S. Main Street. Recommended Motion: I move to approve a food vendor license for Tina Meyer, d.b.a. Red Rock Sno Company to be located at 83 S. Main Street. Attachment(s): Vendor Application Agenda Page 58 of 213 DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET Mope, UTAH 84532 (435) 259-5121 J FAX (435) 259-4135 PLEASE MA KE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ DSO (AS DETERMINED BY RESOLOTIDN) LICENSE #: ZONE: C.3 BUSINESS NAME: led 2`l0c1c nWo m �CrBUSINESS PHONE: (1-135) 21e0 - LOCI f BUSINESS MAILING ADDRESS: 2D5 i 5) yr)�7G rti c, CCITY: tr{)�� STATE: (,,I 1 ZIP: gq6 2, e-mail address: 0 r;; c 500 e) 9 m a 1 I , cc, ly7 Location(s) where business will he conducted: Attach agreement of authorization from property owner(s) including employee use of Restreom Facilities Length of time and/or specific dates business will be conducted: Proposed hours of operation: ezin3 5��►. 51. WO*LI-1 cat_ tc 10:00 p,yr7 Type (see definitions): Wart 0 Vehicle 0 Display Apparatus Vendor Type (see definitions): 0 Street Vendor ❑ Sidewalk Vendor 0 Private Property Vendor ❑ Local Vendor Goods, wares, services or merchandise 10 be sold or offered for sale: n /4aw1 r C� r1 r5hay.k • Food Vender PJ1 BUSINESS OwNER'S NAME: OWNER'S ADDRESS. 1O: � air) I f no__ 165q 51 pctri c ct. Cf . OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: CITY, iy)Q,,k, SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR T AX ID: PHONE: 6 35] _ 100 - ;ZC6 1 STATE: u t ZIP: S1632. DATE OF BIRTH: PHONE: ZIP: PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE (SACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 59 of 213 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE}, ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS `C' MISDEMEANOR TO OWN OR OPERATE BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. / IIWE 1 n 6L f J [...4"4 JOT- HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NA {S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON TRANSFERABLE AND VALLD ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. I E AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah �L SUBCRIBED AND SWORN to before me this �� day of County of Grand NOTARY PUBLIC 2 -Z - ��- Dale Y e ps,s1 , Z Oi DEFINITIONS: • Cart: A small mobile cart or wagon that occupies a temporary location an a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. Y Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. • Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. D Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14.): a Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, 9 Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. • Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale, 1I/27/2013 T:111USGVGSSLICGNSGS4BUSGICFORMSIBuslic- Vendor revisorulocs Page 60 of 213 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: o APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY P LA sl I NG APPROVED © DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER CC3MMl EVIEW DATE: APPROVED 0 DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors $10 per month or partial month Limited Term (less than 30 days) Long Term (1 month-I2 months) $610 $20 Flat Fee (includes administrative fee) per month (plus adrnin fee) *41Wved for local vendors with permanent business address in Grand County 21/27/2013 T:V1US VESSI_IC'ENSESVWSLIC FORt1S1Bus Lit— Vendor revison.do�r Page 61 of 213 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH B4532 (435) 259-5121 1 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSIN ESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: B[SINESS NAME: BUSINESS ADDRESS: OWNER'S NAME: Ind o ck_ Calm Ipcg n 3 3 rn TYPEOF BUSINESS (EXPLAIN IN DEMO: 1_,O.9_ LiLS 4 : /,k _5 • BUSINESSPHONE: (44a..9262o62o- acriq OWNERS PHONE I I 1 ` a‘% i C,v k1a..I).9_ - THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435)259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES 171P NO (SIGNATURE REQUIRED) fF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ;FAO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEISAPPROVED ❑ REAS SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: DYES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION -7-31) APPROVED DISAPPROVED rn REASON: 07%01/05 Page 62 of 213 CITY OF MOAB 2 i 7 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259.51 21 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, VOb 10-(NAP- (property owner n e) am the owner of the property located at I understand that Date: 2 - 2 I - - 5. �Y?� (property address and parcel tax fD S) has applied for a business license for (name of busihess license applicant) earn Oa/71,6_, (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give rrly permission to allow this activity from my property and authorize use of my restroorn facilities for employees of the above listed business. .g6 Printed Name Signature 035) .:25g - 5J9 C Telephone ## Email 'lease fist additional businesses authorized to use the alcove property and restroom facilities: mcal() roti3io enum—hl Off-VCt4 Page 63 of 213 CATY o?: 1 MOAB uty or moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be Filled out by the applicant: Name of Applicant: 1 l Y1Ct_ VY1-2x-t h-u(` Business Name: 8, Y-0C.-k- SnG Corn pLuy-►L 1 2 Address: � S. 1Y�C f f ` ica- j � � 1 ��5 3Z Phone: (4-1 5_) 671.00 _ 9c-f G � Email: ri2d r?ck 5tiri e i ria.f I . Carr) Property Owner: -i4.0 O 1,3 Cam[ SL Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑Street Vendor ❑Sidewalk Vendor o Private Property Vendor ❑ Local Vendor ood Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): Cart ❑ Vehicle ❑Display Apparatus Detailed description of business activities: 1,0.e w u2 -4) Lit v n e U Total number of off-street parking spaces: Hours of operation. 10 + GC C1. 00 ke 1 0 , dQ p on • To be filled out by city: Zoning: r Allowed use per Moab Municipal Code section: 94. Number of parking spaces required for permanent business• ri;i6fl` tik\ Number of parking spaces required for other businesses: 1,1 4 �`F� y G+ (A-Tel- \i'-701\iN - 3 Zoning Administrator Page 64 of 213 Date epwa6d S'£ZI a0791' H,Ltro68 S ►LLG c �a8 Z_T D00-171 E110 alsgvu NNIV A"II'I A'TIY�Ib'� ATISIVEE alS'IVEI NNd A711 0'88 .0'88 ISdg N 0 .0' £OZ 17000-VIS-10 BAVQ a VIRLNAD 3AdQ 11138011 HEOZ 0Sj�` 600 pZiv. O ►0'6 Page 66 of 213 apwa6d Ca Y Op MAB AGENDA SUMMARY r 2 1 Agenda Item #: 8-1 Title: Approval of an Equipment Lease with Xerox Corporation Fiscal Impact: A cost of $223.54/month; $2682.48/year. A total of $13412.40 over the term of the 60 month lease. Staff Presenter(s): Tif Miller Department: Recreation Applicant: n/a Background/Summary: We would like to trade in the MARC copier for a newer model that utilizes newer technology and provide more printing services the current one does not offer. The proposed copier is on the state of Utah Cooperative Purchasing contract and in accordance with our procurement code does not require a competitive process since the state has already conducted one. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this equipment lease. Recommended Motion: "I move to approve item #X-X " Attachment(s): Equipment lease State Contract Lease Agreement Agenda 1 Page 67 of 213 7-1 Consent Agenda Lease Agreement xerox Customer: MOAB, CITY OF BillTo: CITY OF MOAB Install: CITY OF MOAB 217 E CENTER ST ARTS CENTER MOAB, UT 84532-2439 111E 100 N MOAB, UT 84532-2403 State or Local Govemment Negotiated Contract : 072715400 Product Description Item Agreement Inforvition Trade Information Requested Install Date 1. VV7830P (W7830P PRNTR 3TRAY) - I-series-1 Line Fax - Profcs.;ional Finishr - Customer Ed - Analyst Services Lease Term 60 Ina a tths - Xerox VVC7530P &NJ XKK388299 3J10/2017 Purchase Option: FMV Trade -In as of Payment 69 Item Lease fvinimum Payment Meter Print Charges Volume Band Per Print Rate Maintenance Plan Features 1.VV7830P $190.00 1: Black and VMmite Impression 2: Color Impressior s All Prints All Prints $0.0073 $0.0496 - Consumable Supplies Included for all prints - Pridng Fixed for Terrn Total $190.00 I Minimum Payments (Excluding Applicable Taxes) Customer acknoMedges receipt of the terrrs of this agreement Mich consists of 2 pages inducting this face page. Signer: Meg Stewart Signature: Phone: (435)259-6272 Date. Thank You for your business! This Agreement is proudly presented by Xerox and Scott Tumer (970)256-1005 For infomtation on your Xerox Account, go to www.xerox.corMAcoountManage rynt XEROX*OTA,T NGUA=E Agenda 9:37:28 Confidential - Copyright020 KlRFIDRAT1ON. All rights reserved. 0 1 0 0 1 0 0 2 0 Page 1 of 2 7-1 Consent Agenda Lease Agreement xerox Cr INTRODUCTION: 1. NEGOTIATED CONTRACT. The Products are subject solely to the terms in the Negotiated Contract identified on the face of this Agreement, and, for any option you have selected that is not addressed in the Negotiated Contract, the then -current standard Xerox terms for such option. GOVERNVENT TERMS: 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to governmental entities only. You represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted pditical subdivision or agency of the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with this Agreement (collectively, the "Documents"); (2) the Dory amends have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including all applicable laws governing open meetings, public Kidding and appropriations required in connedion with this Agreement and the acquisition of the Products) and are valid, legal, binding agreements, enforceable in accordance with their terms; (3) the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your goveming body and hold the offices indicated below their signatures, each of which are genuine; (4) the Products are essential to the inn ediate performance of a govemr r dal or proprietary function by you within the scope of your authority and will be used during the Tenn only by you and only to perform such function; and (5) your payment obligator's under- this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues, and any provision that is so construed by a court of oorrpetendjurisdiction is void from the inception of this Agreement. 3. FUNDING. This provision is applicable to governmental entities only. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the purch,td aintenance of the Products, and it is your intent to use the Products for the entire term and to make all payments required under- this Agreement. If (1) through no adion initiated by you, your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this temination, you mast, at least 30 days prior to the beginning of the fiscal year for which Terns and Conditions your legislative body does not appropriate funds, notify Xerox in writing that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all suns then owed through the current year under this Agreement and must certify that the canceled Equipment is not being replaced by equipment performing sirrilar functions during the ensuing fiscal year. You will retum the Equipment, at your expense, to a location designated by Xerox and, when retumed, the Equipment will be in good condition and free of all liens and encurrbrances. You will then be released from any further payment obligations beyond those payments due for the current fiscal year (with Xerox retaining all suns paid to date). PRICING PLAWOFFERING SELECTED: 4. FIXED PRICING. If "Pridng Fixed for Term" is identified in Maintenance Plan Features, the maintenance component of the Mnirrum Payment and Print Charges will not increase during the initial Term of this Agreement. GENERAL TERMS & CONDITIONS: 5. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to your network ("Remote Data") via electronic transmission to a secure off -site location ("Remote Data Access"). Remote Data Amass also enables Xerox to transrrit Reloccoe of Software to you and to remotely diagnose and modify Equipment to repair and cared malfunctions. Exarrples of Remote Data indude product registration, meter read, supply level, Equipment configuration and settings, software version, and problem/fault code data. Remote Data may be used by Xerox for billing, report generation, supplies replenishment, support services, recorrmending additional products and services, and product improvement/development purposes. Remote Data will be transmitted to and from you in a secure manner specified by Xerox. Remote Data Access will not allow Xerox to read, view or download the content of any of your documents or other information residing on or passing through the Equipment or your information management systems. You grant the right to Xerox, without charge, to conduct Remote Data Acne% for the purposes described above. Upon Xerox's request, you will provide contact information for Equipment such as name and address of your contact and IP and physical addresses/locations of Equipment. You will enable Remote Data Amass via a method prescribed by Xerox, and you will provide reasonable assistance to allow Xerox to provide Remote Data Arrpss. Unless Xerox deems Equipment incapable of Remote Data Access, you will ensure that Remote Data Across is maintained at all times Maintenance Services are being performed. Agenda 9:37:29 Confidential - Copyright020 rFL4TION. All rights reserved. 0 1 0 0 2 0 0 2 1 Page 2 of 2 7-1 Consent Agenda xerox ip') Proposal Prepared for City of Moab: Arts Center February 8, 2017 Xerox WorkCentre 7830i — Color Copy and Print, Scan to Network, Scan to Email, Scan to USB, Fax, LAN Fax. Xerox App Gallery, Connect Key 30 pages per minute black and white or color, Duplex Automatic Document Feeder, 4 — 520 sheet paper trays, 100 sheet bypass tray, office finisher, delivery, software installation and user training Current Estimated Cost per month Xerox W7530P (SN: XKK388299) $165.38 Monthly Maintenance and Supplies Base Charge included - 423 Black and White printed pages each billed at .0106 $4.48 - 614 Color printed pages each billed at .0697 $42.80 Total Estimated Cost per month $212.66 Proposed Estimated Cost per month 60 Month Lease Payment Xerox WC7830i Monthly Lease Payment $160.99 Monthly Maintenance and Supplies Base Charge included - 423 Black and White printed pages each billed at .0073 $3.09 - 614 Color printed pages each billed at .0496 $30.45 Total Proposed Estimated Cost per month $194.53 Additional Monthly Cost for ProffesionaI Finisher $29.01 Additional Information - Maintenance and Supplies Costs are FIXED - Scanning is FREE included - Service Credits included Professional Services - Delivery & Installation included - On -site Training included This proposal is based on current pricing and promotions and is subject to change without notice. Every effort has been made to insure the accuracy of the equipment specifications and pricing information contained in this proposal. However, all information is subject to error. Equipment proposed is subject to availability. Prices quoted are valid until March 8, 2017 Proposal Prepared By Scott Turner Document Services, Inc. (970) 256-1005 Agenda •/ Document Services Page 70 of 213 7-1 Consent Agenda Ca Y Op MAB AGENDA SUMMARY r 2 1 Agenda Item #: 7-2 Title: Approval of Proposed Resolution #21-2017 Adopting a Fee for Moab City Recreation Summer Camp Fiscal Impact: $4000 Staff Presenter(s): Tif Miller Department: Recreation Applicant: n/a Background/Summary: The Moab City Recreation department is looking to partner with the Beacon Afterschool Program to provide two weeks of summer camp in June 2017. The summer camp would provide more opportunities for youth for a camp experience that may not have been available in the past. The city has many resources that we can offer to youth for an enjoyable summer camp experience, and by partnering with Beacon we would be working with an organization that specializes in out of school activities that provide so many wonderful opportunities currently for the youth in Moab. The camp fee would be s10o with those qualifying for a discount receiving a lower rate. We look to incorporate traditional sports, outdoor recreation, environmental education, aquatics, and the arts into this camp giving the youth a well rounded experience. We are looking to open to the camp up to 1st-5th grades, and we would be able to supply lunch through the summer lunch program at HMK. We are also looking to work with local outfitters to help us provide the outdoor recreation experiences for the campers. We also plan to coordinate with public school buses to provide any necessary transportation. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this fee for Moab City Recreation Summer Camp. Recommended Motion: "I move to approve item #X-X " Agenda Page 71 of 213 7-2 Consent Agenda Moab City Sports Recreation Programs • For more information —Moab City Recreation Department 259-2255, www.moabcity.org • To register — www.moabcity.org (credit card required) or register at the Rec Office at 217 E Center St (pay by cash, check or credit card) - Early Bird Registration fees will apply up to a month before normal registration for certain programs (* Represents programs that offer early bird rate) - Registration late fees once assessments begin - Space may be limited • Financial Aid — Financial aid is available for youth programming. Participants eligible for reduced school lunch qualify for FA. Application included in the payment section of the on-line registration form. • Free Equipment - Moab City Recreation has used equipment and uniforms available for free. We usually have cleats during season. Other free items are available during the respective season. Call for information. Summer Camp First Kicks Spring Soccer Spring Youth Volleyball Lil Tykes T-Ball T-Ball Coach Pitch Boys Coach Pitch Girls Baseball/Softball Adult Soccer Frisbee Golf Tournament Adult Softball League Adult Pickleball Tournament Fall Youth Soccer Tackle Football NFL Flag Football 8th Grade Football Middle School Volleyball Fall Youth Volleyball Adult Flag Football Adult Volleyball Adult Volleyball League PROGRAMMING Ages 1st-5th Grade Coed 3-4 yrs old Coed 5 yrs old - 8th grade Coed 3rd-8th Grade Coed 3-4 yrs old Coed Kindergarten 1st and 2nd Grades 1st and 2nd Grades 3rd-8th Grades Coed 15 + Coed 15 + Coed 15 + Coed 15 + Coed 5 yrs old - 3rd grade Coed 4th-7th Grades Coed 1st - 4th Grades Boys 8th Grade Girls 7th and 8th Grades Coed 3rd-6th Grades Coed 15+ Coed 15+ Coed 15 + Season Summer Spring Spring Spring Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Summer Summer Fall Fall Fall Fall Fall Fall Fall Winter/Summer Fall/Winter Fee $ l 00/wk $15 $35* +Uniform $40* + Uniform $15 $35* $40* $40* $65* $20 $20 $250/Team $60 $25 + Uniform $65* $35* $70 $40 $35* $135/Team $20/season $130/team Agenda Page 72 of 213 7-2 Consent Agenda Adult Basketball League Adult Spring Basketball Tournament Jr. Jazz Basketball Youth Indoor Soccer Adult Indoor Soccer Ultimate Frisbee Ultimate Frisbee Tournament Coed 15 + Coed 15 + Coed 3rd-6th Grades Coed 7th-12th Grades Coed 15 + Coed 15 + Coed 15 + RECREATION FACILITIES Winter/Summer Spring Winter Winter Winter Winter/Spring Spring $75/Team $30/Team $35* + Uniform $35* $40 $10 $75 Team Old City Park Disc Golf Course (18 holes) Swanny City Skate Park Moab Recreation and Aquatic Center (Swanny Park) — aquatics (indoor and outdoor), weight and cardio room, aerobics room, party/rental room, drop -in child care Center St Gym (200 E Center St)— basketball/volleyball gymnasium Center St Ballpark (200 E Center St)— 4 baseball diamonds, football & soccer fields Anonymous Park BMX track (500 W) Moab Bark Park (Not reservable) Agenda Page 73 of 213 7-2 Consent Agenda RESOLUTION #21-2017 A RESOLUTION AMENDING THE FEE SCHEDULE FOR THE CITY OF MOAB RECREATION DEPARTMENT WHEREAS, the City of Moab establishes fees for city services by resolution; and WHEREAS, the City of Moab Recreation Department has determined that there should be a Summer Camp registration fee added to the fee structure, pursuant to citizen and user requests. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT THE MOAB CITY RECREATION FEE STRUCTURE SHOWN AS EXHIBIT 1 HERETO. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 14th day of March 2017. ATTEST: Rachel E. Stenta City Recorder Mayor David L. Sakrison Agenda Page 74 of 213 7-2 Consent Agenda r� AGENDA SUMMARY AL !VILE! INC3 March 14, 2017 Agenda Item #: 7-3 Title: Proposal for Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates Staff Presenter: Eve Tallman Department: Administration Summary: At the request of the Mayor, proposals were requested from five firms for the above - named project. Two proposals were received and evaluated. One proposal is recommended for the City's consideration. Options: Accept, deny, or modify. Staff recommendation: Accept proposal of Hydrologic Systems Analysis, LLC Recommended Motion: "I move to accept the proposal of Hydrologic Systems Analysis, LLC for Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates, in an amount not to exceed $5o,000." Attachment(s): Request for Proposals, Proposal Summary, Abbreviated Proposals (2) Agenda Page 75 of 213 7-3 Consent Agenda Memorandum TO: David Everitt FROM: Eve Tallman Date: February 22, 2017 Re: Proposal Summary and Staff Recommendation: Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates City of Moab Proposals for Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates The Request for Proposals was emailed to five firms that had proposed for a similar project in Castle Valley in the past: Blue Tomorrow, LLC (Santa Barbara, CA), CWE Corp (California and Utah), SRK Consulting (Denver), Mesa Hydro -Logic LLC (Gunnison, CO), and Hydrologic Systems Analysis, LLC (HSA) (Golden, CO). The email generated interest from two firms: Blue Tomorrow and HSA. I spoke with representatives from both firms and provided background documents that would assist with their proposals. I met with Pat Dean, Public Works Director, to review the proposals. The major considerations that we discussed were time -frame and cost. While the HSA proposal has the lower cost, the Blue Tomorrow proposal has a shorter time -frame for completion. Both firms were instructed verbally that the project budget is $50,000. Both firms are willing to negotiate a separate update to the Lionsback Development Drinking Water Source Protection Plan Update, if the Council desires it. The Drinking Water Source Protection Plans required by the State of Utah Department of Environmental Quality have two due dates (Springs and Wells); one set of plans was due in 2015 and the other set are due in 2017. It is our recommendation that the City engage HSA for this project. Positive recommendations for HSA have been received from Castle Valley Mayor Dave Erley and John Weisheit, Executive Director of Living Rivers. Proposals Received by Deadline: February 21, 2017, 2:30pm Proposer Time -frame Cost Water Budget HSA Phase 1 at 6 months, Phase 2 at 1 year $30,000 Water Budget BT 12/31/17 $41,000 Drinking Water Protection Plans HSA Approx. 3/15/18 $19,500 Drinking Water Protection Plans BT 10/31/17 $28,000 TOTAL HSA $49,500 TOTAL BT $69,000 Agenda Page 76 of 213 7-3 Consent Agenda Request for Proposals Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plans DATE: January 20, 2017 PROPOSALS DUE: 2:30 PM Mountain Time, February 21, 2017 The City of Moab, Utah is now accepting proposals for professional services to provide a Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Utah State -required Water Source Protection Plan Updates. Proposals may be submitted via email to: etallman@moabcity.org (ensure emailed Proposals are acknowledged by recipient) or Proposals may be submitted in hard copy to: Eve Tallman, Moab City Recorder's Office, located at 217 East Center Street, Moab, Utah 84532. Moab City reserves the right to reject any or all proposals; or to accept or reject the whole or any part of the proposals; or to waive any informality or technicality in the interest of Moab City. The Deadline for all requests for proposals is 2:30 PM Mountain Time, Tuesday, February 21, 2017. Any questions regarding content, scope, or deliverables must be submitted by email on or before February 10, 2017 to: etallman@moabcity.org. This project will create, at a minimum, three deliverables. A fourth deliverable may be negotiated with the City of Moab beyond the scope of this Proposal. 1) A water budget for the watershed serving the City of Moab which the City can use to support water management issues including water supply and allocation, water quality protection, and watershed protection. 2) A water source protection plan update for the City's wellfield (Wells 4,5,6,7, and 10, in the format required by the State of Utah Department of Environmental Quality Division of Drinking Water.* 3) A water source protection plan for the City's springs (Skakel Spring, and Springs #1, #2, and #3, in the format required by the State of Utah Department of Environmental Quality Division of Drinking Water.* 4) Possible deliverable to be negotiated beyond the scope of this Proposal: Update of the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. Please provide, in writing, a proposal, cost estimate, resumes for chief personnel, and time -line for the successful execution of this proposal. Agenda Page 77 of 213 7-3 Consent Agenda *Please refer to http://www.deq. utah.gov/ProgramsServices/programs/water/sou rceprotection/docs/2014/12 Dec/G WS ourceProtUsersGuideMarch2013.pdf and http://www.deq. uta h.gov/ProgramsServices/programs/water/sou rceprotection/docs/2014/05May/Gro undwaterPlanChecklist.pdf for format and requirements. Copies of extant Drinking Water Source Protection Plans will be provided to the successful Proposer. Thank you for your consideration of this Request for Proposals. Eve Tallman, Recorder Assistant City of Moab 217 East Center Street Moab, Utah 84532 435-355-0655 etallman@moabcity.org Agenda Page 78 of 213 7-3 Consent Agenda Hydrologic Systems Analysis, LLC Hydrologic and Environmental Systems Date: January 26, 2017 Kenneth E. Kolm, Ph.D. President and Senior Hydrogeologist Hydrologic and Environmental Systems Specialist 128 Burgess Ave. Golden, CO 80401 USA Telephone: 303 842 3752 Email: kkolmhsallc_@gmail.com Eve Tallman Moab City Recorder's Office 217 East Center Street Moab, Utah 84532-2534 RE: Proposal to the City of Moab Item: Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Skakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10). Dear Ms. Tallman, It is with great pleasure that Hydrologic Systems Analysis, LLC. Golden, Colorado (HSA), in Conjunction with Heath Hydrology, Inc., Boulder, Colorado (HHI) is submitting the enclosed proposal: Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Skakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10), complete with project cost and time -line for the successful execution of the project. Resumes for the chief personnel, Dr. Kenneth E. Kolm, President of HSA, LLC. and Senior Hydrogeologist, and Paul van der Heijde, President of HHI, Inc. and Senior Hydrologist, are provided. This proposal is submitted to the City of Moab, Utah, in response to the RFP issued by the City of Moab on January 20, 2017, for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, Grand and San Juan Counties, Utah, including adjacent groundwater recharge, flow system, and discharge areas and surface water streams in the La Sal Mountain/Sand Flats Region (see Figure 1 Agenda Page 79 of 213 7-3 Consent Agenda in the proposal). HSA, in conjunction with HHI (in this proposal referred to as HSA/HHI), proposes to: 1) Perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountain/Sand Flats (SLS) area, supported by GIS databases and maps, to develop an comprehensive and updated understanding of hydrogeologic and hydrologic characteristics of the groundwater system, using currently available data and published analyses; 2) Collect hydrological, hydrogeological and other data necessary to construct a water budget for the SLS area, and develop an as -accurate - as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) Update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). A forth phase may entail a possible deliverable to be negotiated beyond the scope of this Proposal, which is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. The three -phased deliverables would be completed in 18 months upon the commencement of the project with the billing in increments of Phase 1: $20,000; Phase 2: $10,000; and Phase 3: $19,500 ($49,500 total) based on the completion and acceptance by the City of Moab of each phase. This work can be accomplished with this comparably reduced budget and in a relatively short time because the PIs have over 30 years of experience in the Moab, Utah region (academic, government, and private), the effectives of the HESA/GIS approach pioneered by the PIs, and much of the initial data collection that has occurred during the Town of Castle Valley study over the last three years. All of the HSA/HHI reports provided to our past clients are available on the Heath Hydrology web site: http://www.heath-hydrology.com/html/publications.html. Please let us know if additional information, such as references, tax identification, and Proof of Insurance, needs to be provided. HSA, LLC is registered with the State of Colorado. Thank you for your consideration. Sincerely, Kenneth E. Kolm Kenneth E. Kolm, President Email: kkolmhsallc@gmail.com Agenda Page 80 of 213 7-3 Consent Agenda PROPOSAL Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Skakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10) by: Hydrologic Systems Analysis, LLC. Golden, Colorado in Conjunction with Heath Hydrology, Inc., Boulder, Colorado January 26, 2017 This proposal is submitted in response to the RFP issued by the City of Moab, Utah on January 20, 2017 for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, including the La Sal Mountain/Sand Flats Region, Grand and San Juan Counties, Utah (see Figure 1) and the preparation of a water budget in support of management decisions including water supply and allocation, water quality protection, and watershed protection for the springs and wells under the current jurisdiction of the City of Moab (see Figures 1 and 2). We propose to: 1) perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountains/Sand Flats (SLS) area, supported by GIS databases and maps of hydrogeologic and hydrologic characteristics of the groundwater and surface water systems; 2) collect available hydrologic, hydrogeologic and other data necessary to construct a water budget for the SLS area, and develop an as -accurate -as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs #1, 2, and 3, and one for the City's wells (Wells 4, 5, 6, 7, and 10). A possible deliverable to be negotiated beyond the scope of this Proposal is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project, which is more readily accomplished after the completion of the HESA, water budget, and the update of the three water source protection plans. Project Background Hydrologic Systems Analysis, LLC of Golden, Colorado (HSA), in conjunction with Heath Hydrology, Inc. of Boulder, Colorado (HHI), has developed the Hydrologic and Environmental System Analysis (HESA), a method that integrates all types of physical, chemical and biological information to derive a conceptual understanding of the various components of hydrological and environmental systems and their interactions, supported by maps and databases organized in a Geographical Information System (GIS). HESA has been codified in ASTM Standard Guide c,tu m.MrT.b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 1 of 7 Agenda Page 81 of 213 7-3 Consent Agenda D5979-1996 (2008). Over a period of more than ten years, this method has been applied in a series of projects to develop a basic understanding of the groundwater resources of Pitkin County, Colorado. In 2012-2015, this method was applied to the Oak Mesa, the North Fork Valley, the Surface Creek, and the Uncompaghre River/Gunnison River areas in Delta County, Colorado as Phases 1, 2, 3, and 4 in developing a basic understanding of the groundwater resources of Delta County and providing county staff with an overview of the availability and sustainability of groundwater supplies in the county, as well as the vulnerability of the groundwater resources to contamination, especially as related to urbanization, the development of organic farming, the potential effects of drilling for and exploitation of natural gas, and the mining of coal. In 2014-2016, this method has been applied to Castle Valley, Utah to perform a hydrologic assessment of the watershed and groundwater system for the Town of Castle Valley, Grand County, Utah resulting in a better understanding of the availability and sustainability of the water resources for the Town of Castle Valley, and a preliminary water budget in support of watershed management issues including water supply and allocation, water quality and protection, and watershed protection. The approach has also been applied successfully in other municipalities and public entities to evaluate the interaction between groundwater and wetlands, the vulnerability of protected cave resources for contamination from the surface, and the effects of mining operations on groundwater. The Pitkin County, Delta County, and Town of Castle Valley projects resulted in a set of reports and GIS (Geographical Information System) maps with supporting databases documenting the various hydrologic subsystems in those administrative entities, and ultimately in consistent and continuous GIS maps of various hydrologic and hydrogeologic characteristics. The products resulting from these studies assist local government staff and the public in identifying, among others, locations where groundwater resources are: (i) available in reasonable, sustainable quantities, at reasonable depths; (ii) vulnerable to contamination from surface and near -surface sources; (iii) contributing significantly to the runoff of streams, to aquifers that are recharged by streams, and to groundwater -fed wetlands; and (iv) sensitive to land use changes and natural resources exploration and exploitation. This information is useful for drinking water source protection plans (groundwater and surface water), valley -wide watershed planning and management, and municipal well siting applications, among others. Proposed Project In response to the RFP issued by the City of Moab on January 20, 2017, this proposal is submitted to the City of Moab, Utah for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, Grand and San Juan Counties, Utah, including adjacent groundwater recharge, flow system, and discharge areas and surface water streams in the La Sal Mountain/Sand Flats Region (see Figure 1). This project includes a HESA Analysis with supporting GIS databases, the preparation of a water budget for the hydrologic system affecting the City of Moab, and the update of three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3, and one for the City's wells (Wells 4, 5, 6, 7, and 10) (see Figures 1 and 2). A possible deliverable to be negotiated beyond the scope of this Proposal is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project, which is more readily accomplished after the completion of the HESA, water budget, and the update of the three water source protection plans. r ;n, m'ivir, b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 2 of 7 Agenda 7-3 Consent Agenda HSA, in conjunction with HHI (in this proposal referred to as HSA/HHI), proposes to: 1) Perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountain/Sand Flats (SLS) area, supported by GIS databases and maps, to develop an comprehensive and updated understanding of hydrogeologic and hydrologic characteristics of the groundwater system, using currently available data and published analyses; 2) Collect hydrological, hydrogeological and other data necessary to construct a water budget for the SLS area, and develop an as -accurate -as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) Update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). The approximate study area is shown in Figure 1 and is based, in part, on the extent of the hydrogeological systems present (Glen Canyon Aquifer, shallow and deep unconsolidated aquifers, contributing watersheds, potential recharge areas, among others). The results of this study will be documented in narrative form (i.e., a report with hydrological and hydrogeological maps, hydrogeological cross -sections, Google Earth illustrations, and landscape photographs), a set of hydrogeological and hydrological GIS maps with supporting databases, a quantitative water budget for the water resources of concern for the City of Moab, and three updated water source protection plans for the City's springs and wells. Project Approach Due to time and budget constraints, the proposed project is divided in three phases. The first phase of the project focuses on producing the conceptual site model (CSM) of the hydrologic system present, illustrated with maps, cross -sections, Google Earth views and landscape photographs. To this purpose HSA/HHI will conduct a comprehensive HESA using existing, publicly available information and based on visual, on -site evaluations by the project team. HESA will be based, in part, on previously published, or otherwise available public information and will include a scoping site visit to the study area; no additional fieldwork is planned. The HESA will delineate and describe the hydrologic units of the hydrologic/groundwater system, location and type of boundaries, areas of recharge and discharge, groundwater flow patterns, anthropogenic effects on the groundwater system, and the interaction between groundwater and surface water. In this phase, GIS databases using the ARCGIS/ARCMAP GIS software system will be collected and developed in support of the HESA and to prepare the maps used in the phase 1 report. In the second phase of the project all necessary and available data and information needed to construct a water budget for regions affecting the City's wells and springs will be gathered by HSA/HHI from State and local sources, and a comprehensive water budget for the SLS area or the region affecting the City's springs and wells will be prepared. The area for which the water budget will be developed will be determined as a result of the HESA conducted in phase 1 and the data collection of this phase. This phase requires site visits to meet with the City's leaders and staff and the results will be highly dependent on the availability of non -published, local data and cooperation with the City in obtaining them. This water budget will allow the City to efficiently address water management issues, including water supply and allocation, water quality protection, and watershed protection. The summary report for this phase will include a c,tu m.MrT.b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 3 of 7 Agenda Page 83 of 213 7-3 Consent Agenda description, discussion and source identification of the data used in developing the water budget, as well as a discussion of the uncertainties in the water budget components. The third phase will focus on completing two groups of updated source protection plans, one for the City's springs (Skakel Spring, and Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). The deliverables will be these updated water source protection plans in the format required by the State of Utah Department of Environmental Quality Division of Drinking Water (January 2007 based on Rules of April 2005). This phase is dependent on the completion of phase 1 and may benefit from the completion of phase 2. The forth phase may entail a possible deliverable to be negotiated beyond the scope of this Proposal, which is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. This negotiated Phase 4 is more readily accomplished after the completion of the Phase 1 HESA, Phase 2 water budget, and the Phase 3 updates of the two groups of water source protection plans. Project Team The project team consists of Dr. Kenneth E. Kolm, President and Senior Hydrogeologist, Hydrologic Systems Analysis, LLC., of Golden, Colorado; and Mr. Paul K.M. van der Heijde, President and Senior Hydrologist, Heath Hydrology, Inc., of Boulder, Colorado. Please see accompanying resumes. Project Schedule, Deliverables and Payment Terms We request that the City of Moab shall pay HSA a firm fixed price of $20,000.00 for and upon the completion of phase 1, a firm fixed price of $10,000.00 for and upon the completion of phase 2, and a firm fixed price of $6,000 for and upon the completion of each of the 3 water source protection plans in phase 3 ($18,000) plus $1,500 upon the completion of final presentation to the city, as described above, for a total of $49,500.00. HSA, with HHI as subcontractor, will produce the following deliverables: • Phase 1: Electronic versions of the report on HESA results and GIS maps and databases, and the prepared GIS maps and databases. • Phase 2: Electronic versions of the summary report on the development of a water budget for the SLS area, or the region affecting the City of Moab's springs and wells within the SLS area, and supporting data. • Phase 3: Electronic version of the updated three water source protection plans for the City's springs and wells. In addition, HSA/HHI will make a presentation on its findings upon completion of each phase at a location determined by the City of Moab, Utah. HSA will operate as an independent contractor to the City of Moab, Utah, and HHI will be operating as an independent subcontractor through HSA. r ;n, , .lvir, b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 4 of 7 Agenda 7-3 Consent Agenda HSA/HHI, proposes that each phase of this project will be completed within six months after approval by the City of Moab. This time schedule may be modified for budgetary or other reasons in consultation with the City of Moab and after appropriate contractual arrangements or modifications. Deliverables & Payment Terms: 1) Electronic versions of the HESA report and GIS data bases. DATE DUE: 6 months after Effective Date. MILESTONE PAYMENT: $20,000.00 of the firm fixed price will be paid upon acceptance of this deliverable by the City of Moab, Utah. 2) Electronic versions of the report on the development of a water budget for the SLS area, and supporting data. DATE DUE: 6 months after receipt of City of Moab, Utah approval of the deliverable specified in #1. MILESTONE PAYMENT: $10,000.00 of the firm fixed price will be paid upon acceptance of this deliverable by City of Moab, Utah. 3) Electronic version of the updated source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2 and 3, and one for the City's wells, the updated Lionsback plan will be negotiated as a separate line item; and overview presentation to the City and in-depth presentation to City staff at a location determined by the City of Moab, Utah. DATE DUE: 6 months after receipt of City of Moab, Utah approval of the deliverable specified in #2. DATE(S) of Presentation: TBD by mutual agreement of the parties. MILESTONE PAYMENT: The remainder of the firm fixed price of $19,500.00 will be paid as $6,000 upon acceptance of each of the 3 updated water source protection plan deliverables by City of Moab, Utah and $1,500 upon the completion of the presentation. Additional work may be requested of the contractor by the City at any time if additional funding becomes available and a mutual agreement/contract amendment modification is reached by the City and HSA. r ;n, , .lvir, b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 5 of 7 Agenda 7-3 Consent Agenda w. inlet Salt Wash -Colorado Diver Negro Bill Canyon -Colorado River akel Spring t North Fork Mill Creek Golf iRurse. Springs • ♦� & ells Horse Creek -Mill Creek It ... Lower Pack L. - Uly u1 Moab Weli & Splaftg 511es SGID93 Watersheds SGID93 — Municipalities =1 tiGII)93 . Grand CM riiy Etnunr&ry — SG I D931JDOT -- Major Road; - Grand County — SC I D93-VDU i -- Ma)m Ruads - San Juan Lour I: — SGID93 All Creams Grand COUMY SGID93 —All Streams - San Juan County :dill Mt • l akes Gland (Array SGID93 -- Lakes - San Juan County SC I D93 — Shall uw Ground Water - Gland C:aunly - SGID93 -- Shallow Ground Water - San Juna County Figure 1: City of Moab Project Area, Grand County, Utah with Spanish Valley, Sand Flats, Mill and Pack Creek Watersheds, and Southwestern La Sal Mountains, Buildup Areas, and Shallow Aquifer, and Location of City of Moab Springs and Wells. r ;n, ..f'>vr,.T.b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 6 of 7 Agenda Page 86 of 213 7-3 Consent Agenda Spring 2 ' • Well 5 . Figure 2: City of Moab Springs and Wells in the Vicinity of the Golf Course. c,tu m'MrT.b, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 7 of 7 Agenda Page 87 of 213 7-3 Consent Agenda KENNETH E. KOLM 1 RESUME KENNETH E. KOLM (1) President and Senior Hydrogeologist Hydrologic Systems Analysis, LLC 128 Burgess Ave Golden, Colorado 80401 Telephone: (303) 842 3752 (cell) Email• kkolmhsallc@gmail.com kkolm@mines.edu (2) Associate Professor Emeritus Division of Environmental Science and Engineering Colorado School of Mines Golden, Colorado 80401 Email: kkolm@mines.edu Education: • B.S. Lehigh University, 1973; Geological Sciences. • M.S. University of Wyoming, 1975; Geology. Special emphasis in Geomorphology, Environmental Geology, Remote Sensing, and Low -Temperature Geochemistry. • Ph.D. University of Wyoming, 1977; Geology. Special emphasis in Remote Sensing and Process Geomorphology. Minor in Ecology. Post -Doctoral Education: Colorado State University - Short Course on The Fluvial System with Applications to Economic Geology (4.0 CEU), March 1980. South Dakota School of Mines and Technology - Nongraded (1980 - 1981): Statics/Strengths/Fluid Mechanics: 8 hours; Open Channel Flow (Graduate Level): 3 hours. Passed the Engineer -In -Training (E.I.T.) Examination (1983). Colorado School of Mines — (1982): Soil Mechanics/Rock Mechanics: (6 hours). University of Wisconsin, Madison - Ground -water Computer Models Short Course (5.0 CEU), July 1982. Topics included: Computer -based numerical methods, including finite - difference and finite -element techniques, for modeling ground -water flow and mass transport. Agenda Page 88 of 213 7-3 Consent Agenda KENNETH E. KOLM 2 Colorado School of Mines - Economic Evaluation and Investment Decision Methods Short Course (5 days), December 1982, Topics included: time value of money (present, future and annual worth), rate and growth rate of return analysis, inflation handling of economic analysis, depreciation, leverage concepts, replacement analysis, and cost/benefit ratio analysis. National Water Well Association - Water Well Construction and Design Short Course (3 days), December 1983. Topics included: drilling methods, casing and screening methods and materials, geophysical methods, well rehabilitation, construction and design. University of Wisconsin, Madison - Modeling Pollutant Movement in Ground Water (4.0 CEU), February 1985. Topics included: contaminant transport models, advective/dispersive models and chemical reactions, cell models and dispersivity tests. Colorado Ground -water Association - Borehole and Surface Geophysics Workshop (1 day), April 1985. Topics included: borehole analysis, log correlations and analytical techniques as applied to ground -water problems. Employment History: January 1998 — Present: Hydrologic Systems Analysis, LLC President and Manager; Senior Hydrogeologist/Hydrologic and Environmental Systems Specialist: Conduct hydrologic and environmental consulting work and project review regarding Hydrologic and Environmental Systems Analysis (HESA) applied to engineering and environmental problem solving. Serve as an expert in the fields of hydrogeology, geomorphology, and hydrologic and environmental systems analysis, with emphasis on groundwater and surface water science and engineering, wetlands environments, expedited environmental site characterization and remediation, and watershed and ecosystem characterization, management, and restoration. Develop and apply the integrated Hydrologic and Environmental Systems Analysis (HESA) for mine and resource development and mined -land restoration, municipal management of groundwater system supply and pollution, watershed and site -scale pollution prevention and superfund cleanup, and water rights and water quality expert witness and litigation support. Recent projects include applying HESA to municipal and county -wide assessments of water supply and protection (Town of Castle Valley, Utah; Delta County, CO); to wetlands (Town of Breckenridge, CO), watersheds (Pitkin County and the Central Roaring Fork Basin, CO), groundwater basins (Chaffee county); mined sites and mine tailings sites (Zortman and Landusky mines, Ft. Belknap Indian Reservation, MT; Homestake Uranium mill tailings site, Milan, NM), and repository sites (WIPP nuclear waste site in Carlsbad, NM). Responsibilities include budget management, personnel coordination and general company promotion; make formal presentations and participate in public and legal hearings. Subcontract with Heath Hydrology, Inc. and Sundance Environmental and Energy Specialists, Ltd. Agenda Page 89 of 213 7-3 Consent Agenda Paul K.M. van der Heijde Senior Groundwater Scientist Independent Consultant Curriculum Vitae 4040 Greenbriar Blvd., Boulder, Colorado 80305, USA phone: (303) 917-6986 (cell) or (303) 499-2586 (home) Email: pvdh@heath-hydrology.com or pvdhAcomcast.net EDUCATION: M.S. Civil Engineering, 1977, Technical University Delft, The Netherlands (subspecialties: water resources management, hydrology, and hydraulic engineering). SUMMARY OF PROFESSIONAL EXPERIENCE: Paul van der Heijde is president and co-owner of Heath Hydrology, Inc., Boulder, Colorado. He has more than 35 years experience as groundwater hydrologist, water resources analysis and planning specialist, and groundwater modeler. He has worked for the Dutch National Applied Scientific Research Organization TNO in Delft, The Netherlands; the Holcomb Research Institute at Butler University in Indianapolis, Indiana; the Colorado School of Mines in Golden, Colorado; and as a private consultant in the environmental and water resources management sectors throughout the United States. Since early 2008, he has also been working as a part-time linguistic software tester, web site reviewer, translator and editor in his spouse's translations business "DutchWorks Translations". Mr. van der Heijde, well-known for his work in groundwater modeling, has extensive experience in hydrologic system conceptualization, model construction, model application, modeling quality assurance, and modeling review. As the Director of the International Ground Water Modeling Center for 15 years, Mr. van der Heijde participated in many study groups, expert and review panels, and seminars on groundwater modeling, and reviewed a large number of groundwater modeling research studies and programs, as well as numerous model applications. Mr. van der Heijde has consulted and provided expert testimony for the insurance industry regarding oil pollution of soil and groundwater beneath refineries, and soil and groundwater contamination at landfills, industrial and mining sites, and former manufactured gas plants in litigation proceedings. This included aspects of hydrology, hydrogeology, site characterization, monitoring, plume definition, groundwater flow and transport of various chemicals, pathway analysis, groundwater -surface water interaction, NAPL migration, remediation, unsaturated/ saturated flow and transport modeling, natural resource damage assessment, forensic hydrology, statistics, and risk assessment. Mr. van der Heijde has also consulted regarding hydrological and hydrogeologic analysis and modeling for groundwater resources assessment, mine pit dewatering and aquifer storage schemes for water supply, land use management, permitting, and rezoning with emphasis on conceptualization, model construction, visualization of model results, and efficient communication of findings. He has performed various studies with respect to groundwater resources availability, vulnerability, and sustainability; the application of data analysis methods, GIS, and visualization technologies in groundwater studies; and investigations of cause, extent, migration, and remediation of soil and groundwater contamination. Agenda Page 90 of 213 7-3 Consent Agenda BLUE TOMORROW Hydrologic and Environmental System Analysis of Moab Valley Watershed, Aquifer, and Water Source Protection Plans City Council, City of Moab 217 East Center Street Moab, Utah 84532 February 21, 2014 We at Blue Tomorrow are pleased to submit the following proposal for the hydrologic assessment of the Moab Valley watershed and groundwater basins, and updates to Drinking Water Source Protection Plans for wells and springs serving the City of Moab, and an optional review of the Lionsback Development DWSPP. Founded in 2013, Blue Tomorrow is a water resources consulting group registered as a Small Business with the State of California (#1789331). Our firm specializes in water resources management with a focus on evaluating pollutant sources and impacts, and developing solutions for the protection of environmental resources. At Blue Tomorrow, we tailor project teams by collaborating with industry leaders to meet our clients' specific needs. For this project, Blue Tomorrow will partner with Newton Geo-Hydrology Consulting Services, LLC that specializes in groundwater assessments, planning, and management for jurisdictions throughout California. Dr. Brad Newton, P.G. (CA #8181) will act as the senior advisor, including review and evaluation of final deliverables. Dr. Newton has demonstrated expertise in vadose zone hydrology, watershed hydrology, and hydrologic monitoring design and implementation. His expertise includes in- depth understanding of runoff generating processes, seepage through the subsurface, groundwater recharge, surface water routing, design and application of numerical models, geomorphologic and geologic mapping, vadose zone and aquifer monitoring design and implementation. Based on our review of the previous Drinking Water Source Protection Plans and supporting documentation, we have developed an approach that will support the sustainable management of groundwater resources while cost-effectively providing the requisite documents. The pricing specified in this proposal is contingent on the availability of sufficient existing data and not needing additional field surveys or testing. The tasks described herein can be performed by our project team in whole or in part. Thank you for the opportunity to help the City of Moab with the protection of its groundwater resources. If there are any questions or concerns with this proposal, please do not hesitate to contact me. Sincerely, Alex Dragos Co -Founder, Blue Tomorrow, LLC dragos@blue-tomorrow.com 1805-455-3089 Blue Tomorrow, LLC 1 510 State Street, Suite 275, Santa Barbara CA, 931011 blue-tomorrow.com 1 Agenda Page 91 of 213 7-3 Consent Agenda PROJECT APPROACH The main objectives of this project are to: 1. Assemble available data to a water budget that quantifies and qualifies the water supply portfolio serving the City of Moab balanced against water demands over time with sufficient detail to support management decisions and watershed protection priorities; 2. Develop updates (using existing data and technical information) to the Drinking Water Source Protection Plans for wells and springs serving the City of Moab, in conformance with the criteria established by the State of Utah; and 3. Review and update the Drinking Water Source Protection Plan for the Lionsback Development. The project approach has been divided into four tasks that outline how these objectives will be met and delivered to the City of Moab. Task 1 — City of Moab Water Budget The evaluation of the Moab Water Budget will involve the review of existing water budgets and literature for the watersheds and groundwater basins surrounding and underlying the City of Moab. This Task has been split into 3 subtasks for the review and development of an updated water budget. The subtasks are as follows: Task 1.1— Previous water budgets will be reviewed and updated based on the most recent available data. The water budget will be conducted using a mass -balance approach. Elements of the water budget to be investigated will include: average annual precipitation estimates; evapotranspiration (ET) estimates from open water, riparian vegetation, and upland vegetation; groundwater recharge and discharge areas; aquifer area, depth, porosity, and groundwater elevation; land uses and ground water extraction; and stream flows and other surface waters. Hydrologic properties of aquifers will be summarized based on available data. Pumping rates and groundwater levels will be analyzed with respect to seasonal and long-term trends, and compared to precipitation data. Task 1.2 —The total groundwater recharge will be updated based on the analysis of aquifer recharge. Previous quantification of hydrologic units and properties will be updated based on the most recent data. Information from previous studies and aquifer tests will be used to estimate total aquifer storage for the valley fill and bedrock aquifers. Surface waters will be characterized primarily by analysis of stream gauge data. Long-term and seasonal trends in surface waters will be analyzed and compared to precipitation data. Annual estimates of snowpack depths and estimates of snow -water -equivalency will be generated based on available data and observations. Task 1.3 — A report and final budget will be developed to document this literature and data review and water budget construction outlined in tasks land 2. This review and water budget construction will also allow for information and data gaps to be identified. A suite of recommendations will be developed to Proposal I Hydrologic Analysis of Moab Valley Watershed and Aquifer, and WSPP Updates 2 Agenda Page 92 of 213 7-3 Consent Agenda address gaps that are identified. The final water budget and report will include documentation of data and information sources, a detailed breakdown of the budget with quantification of each hydrologic compartment in it, discussion of uncertainties in the budget, and recommendations to fill data gaps. Task 2 —Water Source Protection Plan Update for City of Moab's Wellfield The completion of Task 2 is contingent on the adequacy of existing data and Delineation Reports previous provided for the City of Moab's wellfield. To produce an update to the Drinking Water Source Protection Plan, Task 2 has been divided into 5 subtasks concluding with a report that will document the update process and plan evaluation. The five subtasks are as follows: Task 2.1— Previous Drinking Water Protection Plans for the Moab Wellfield will be reviewed along with existing geologic, aquifer, and well data to evaluate the most recently approved Delineation Report. Calculated Drinking Water Protection Zone (DWPZ) dimensions will be reviewed. If any necessary modifications are noted through this review, recommendations will be provided to facilitate an updated Delineation Report. Task 2.2 — Documented Potential Contamination Sources (PCS) will be reviewed and inventoried. Local, State, and Federal databases will be to identify existing PCS's and any previously unidentified PCS's (and hazards) will be documented. If new PCS's are identified through this review process, a new PCS location map will be produced. Task 2.3 — PCS hazards and the controls designed to prevent pollution from entering drinking water sources will be assessed. Management strategies for potential and existing contamination sources will be reviewed and revised, if necessary. Task 2.4—Any tasks listed in previous implementation schedules that were not included in earlier updates to the DWSPP will be specified. Documented ordinances, codes, permits, memoranda of understanding, public education programs, trainings, meeting agendas and minutes (etc.) that involve efforts undertaken to protect drinking water sources in DWPZ and management areas will be included. Resource evaluations and contingency plans will be reviewed and updated, if necessary. Task 2.5 — Information generated through subtasks 1-4 will be synthesized and presented in the format required by the State of Utah for updates to the DWSPP's. While we have expertise to complete new Delineation Reports, this report will be based on the availability of data of sufficient quality. Task 3 —Water Source Protection Plan for City of Moab Springs The completion of Task 3 is contingent on the adequacy of existing data and Delineation Reports previous provided for the Skakel Spring, and Springs 1, 2, and 3. To produce an update to these Drinking Water Source Protection Plans, Task 3 has been divided into 5 subtasks as follows: Task 3.1— Drinking Water Source Protection Plans for these springs and subsequent updates from the City of Moab will be reviewed in their entirety. Existing geologic, aquifer, and discharge data will be Proposal I Hydrologic Analysis of Moab Valley Watershed and Aquifer, and WSPP Updates 3 Agenda Page 93 of 213 7-3 Consent Agenda reviewed to evaluate the most recently approved Delineation Report. Calculated Drinking Water Protection Zone (DWPZ) dimensions will be reviewed. If any necessary modifications are noted through this review, recommendations will be provided to facilitate updated Delineation Reports. Task 3.2 — Documented Potential Contamination Sources (PCS) will be reviewed and inventoried. Local, State, and Federal databases will be accessed and site reconnaissance performed to identify existing PCS's and any previously unidentified PCS's (and hazards) will be documented. If undocumented PCS's are identified through this review process, a new PCS location map will be produced. Task 3.3 — PCS hazards and controls designed to prevent pollution from entering drinking water sources will be assessed. Management strategies for potential and existing contamination sources will be reviewed and revised, if necessary. Task 3.4 — Any tasks listed in the 2001 DWSP implementation schedule that were not included in previous updates will be specified. Documented ordinances, codes, permits, memoranda of understanding, public education programs, trainings, meeting agendas and minutes (etc.) that involve efforts undertaken to protect drinking water sources in DWPZ and management areas will be included. Resource evaluations and contingency plans will be reviewed and updated, if necessary. Task 3.5 — Information generated through subtasks 1-4 will be synthesized and presented in the format required by the State of Utah for updates to the DWSPP's. Task 4 — 2010 Drinking Water Source Protection Plan for Lionsback Master Planned Development Project For this project, the Drinking Water Source Protection Plan for the Lionsback Master Planned Development will be reviewed and a report will be provided to the City of Moab with recommended updates to this plan. If this item is desired by the City of Moab, this can be negotiated separately from Tasks 1-3. The completion of this task by the proposed deadline is dependent on a contract award by March 15, 2017. This task has been split into 4 subtasks as follows: Task 4.1— Drinking Water Source Protection Plans affected by the Lionsback Development will be reviewed. This includes the Skakel Spring Drinking Water Source Protection Plan that will be cross- referenced along with geotechnical reports related to the Skakel Spring and DWPZs to note any concerns with the 2010 Lionsback DWSPP. Total relative risk will be calculated based on the methodology used in the 2001 DWSPP for Skakel Spring. Task 4.2 — Potential Contamination Sources (PCS) resulting from the Lionsback Development Plan will be reviewed and inventoried, and any unidentified PCS's documented. Task 4.3 — PCS hazards, controls, and management strategies will be reviewed, and any recommended modifications specified. If there are elements of these strategies that were overlooked or new mitigation and protection strategies that have been developed in recent years, these will be stated in Proposal I Hydrologic Analysis of Moab Valley Watershed and Aquifer, and WSPP Updates 4 Agenda Page 94 of 213 7-3 Consent Agenda the final report. Associated contingency plans will also be reviewed for their adequacy to protect documented drinking water sources. Task 4.4 — Information gathered through this review process will be summarized in a report that specifies any recommended changes to the Lionsback Master Planned Development DWSPP. This report will also note any concerns that are identified through the review process. PROJECT BUDGET This budget is based on Blue Tomorrow and Newton Geo-Hydrology's burdened hourly rates. PROJECT TASKS Task 1— Water Budget BLUE TOMORROW 280 30 NEWTON GEO-HYDROLOGY ESTIMATED COST 41,000 1.1 Data Acquisition & Review 140 10 1.2 Water Budget Construction Evaluation 80 8 1.3 Report Development 60 12 Task 2 — Update DWSPP Moab Wellfield 80 20 14,000 2.1 Data Acquisition & Review of Delineation Report 24 8 2.2 Inventory Potential Contamination Sources 8 - 2.3 Review of Hazards, Controls, & Management Strategies 16 g 2.4 Review and Update of Implementation Schedule, Resource Evaluation, Recordkeeping, Contingency Plan 8 - 2.5 Synthesis of Information and Plan Update 24 4 Task 3 — Update DWSPP Moab Springs 80 20 14,000 3.1 Data Acquisition & Review of Delineation Reports 24 8 3.2 Inventory Potential Contamination Sources 8 - 3.3 Review of Hazards, Controls, & Management Strategies 16 g 3.4 Review and Update of Implementation Schedule, Resource Evaluation, Recordkeeping, Contingency Plan 8 - 3.5 Synthesis of Information and Plan Updates 24 4 Task 4 — Update DWSPP Lionsback Development 96 24 16,800 4.1 Data Acquisition & Review of Delineation Reports 32 8 4.2 Inventory Potential Contamination Sources 8 - 4.3 Review of Hazards, Controls, Management Strategies, and Contingency Plans 32 8 4.4 Summary Report 24 8 TOTAL TASKS 1-3 TOTAL TASK 4 510 120 $69,000 $16,800 Proposal I Hydrologic Analysis of Moab Valley Watershed and Aquifer, and WSPP Updates 5 Agenda Page 95 of 213 7-3 Consent Agenda PROJECT TIMELINE PROJECT TASKS ESTIMATED HOURS COMPLETED BY Task 1 310 December 31, 2017 Task 2 100 October 31, 2017 Task 3 100 October 31, 2017 Task 4* 120 May 30, 2017 *Completion date for Task 4 is subject to change if a contract is not in -hand by March 15, 2017. PROJECT PAYMENT SCHEDULE AND JUSTIFICATION Blue Tomorrow will invoice the City of Moab quarterly based on the percentage of task completion. Supporting documentation of work performed associated with the invoices will be made available to the City upon request. In preparing this proposal, Blue Tomorrow crafted an approach that aims to cost effectively achieve the goals of the City of Moab. The approach developed for this proposal is based on the assumptions that sufficient data will be available to implement the project approach. If there is insufficient data to perform the tasks as described, Blue Tomorrow will consult with the City, may use assumptions to fill data gaps, or may opt to reevaluate the proposed approach and budget estimate. Any work not listed in this proposal shall be considered additional and will be performed on a time and material basis, reflective of the burdened hourly rates of the project team. The project team is open to discussing additional work with the City, including field surveys and testing, such as aquifer tests (pump tests, slug tests), infiltration tests, etc. Proposal I Hydrologic Analysis of Moab Valley Watershed and Aquifer, and WSPP Updates 6 Agenda Page 96 of 213 7-3 Consent Agenda AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 14, 2017 Agenda Item #: 7-4 Title: Approval of a Request for us of City Right-of-way by John Knowles to Conduct a Sidewalk Sale on March 17 - 19, 2017 at 50 South Main Street. Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Administration Applicant: John Knowles Background/Summary: John Knowles has requested permission to place goods on the sidewalk for a sidewalk sale to be held from March 17 to 19, 2017, at 50 S. Main St. Permission from the City Council is required to place items for sale on the sidewalk. This is an annual sidewalk sale that has been approved previously. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the sidewalk sale as requested, provided that a clear walking path along the sidewalk is provided. Recommended Motions: "I move to approve the sidewalk sale for John Knowles as requested, with the condition that a clear walking path along the sidewalk is provided." Attachment(s): Request letter Agenda Page 97 of 213 7-4 Consent Agenda February 23, 2017 To: Moab City Council, Arches Trading Post, located at 50 S Main Street, is requesting permission to use the city right of way for our annual sidewalk sale March 17t-19th , 2017. The hours of the sale will be from 9a.m. to 6p.m. daily. All city rules regarding sidewalk sales will be followed. Thank you for your consideration. hn Knowles Arches Trading Post 50 S. Main Street Moab, UT 84532 ,,?0-aosv Agenda Page 98 of 213 7-4 Consent Agenda (et-TY O� c MOAB 111111.1bAGENDA SUMMARY January 10, 2017 --J Agenda Item #: Title: Purchase of 4 Stalker radar units Fiscal Impact: $12,190 Staff Presenter(s): Bret Edge, Sergeant Department: Police Department Applicant: N/A CMsTY 4 OAB Background/Summary: The Police Department is requesting approval to purchase (4) Stalker DSR 2X radar units that will be installed in the (4) previously approved Ford SUV Interceptor police vehicles due for delivery in April 2017. Three of the four radar units were budgeted for and the remaining unit is to be purchased with funds saved as a result of leasing vehicles vs. purchasing them. The radar units are to be purchased from Stalker on state contract. 1 Options: Approve, deny or postpone Staff Recommendation: The Police Department recommends that council approve this purchase. Recommended Motion: I move to approve item Attachment(s): Invoice, state contract Agenda Page 99 of 213 7-5 Consent Agenda STAIKERradar applied concepts, inc. 2609 Technology Dr. Plano, TX 75074 Phone: 972-398-3780 Fax: 972-398-3781 National Toll Free: 1-800- STALKER Pam Schneidewind Inside Sales Partner: 1972-801-4890 QUOTE # 2007087 Page 1 of 1 Date: 02/17/17 John Kestel Reg Sales Mgr: 1214-755-6325 Effective From : 02/17/2017 Valid Through: 05/18/2017 Lead Time: 21 working days Bill To: Customer ID: 845321 Ship To: UPS Ground Moab Police Dept 217 E Center St Accounts Payable Moab, UT 84532-2439 Moab Police Dept 217 E Center St Sergeant Bret Edge Moab, UT 84532-2439 Grp Qty Package Description Wrnty/Mo Price Ext Price 1 1 807-0001-00 DSR 2X Radar with Fast Lock Remote 36 I $3,030.00 I $3,030.00 Ln Qty Part Number Description Price Ext Price 1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 200-0965-00 200-0875-30 200-0326-30 200-0326-32 200-0919-00 200-0769-00 200-0770-00 200-0648-00 200-0345-00 2X Counting Unit, 1.5 PCB 2X Modular Display, High Bright LEDs DSR KA Antenna DSR KA Rear Antenna 2X Fast Lock Remote w/Screw Latch 25 MPH/40 KPH KA Tuning Fork 40 MPH/64 KPH KA Tuning Fork Display Sun Shield Counting Unit/Display Short Dash Mount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10 11 12 13 14 15 16 17 1 1 1 1 1 1 1 1 200-0502-00 200-0245-00 155-2055-08 155-2055-20 155-2283-50 200-0619-00 035-0361-00 060-1000-36 Antenna Swivel Mount W/Glass Adhesive Antenna Tall Deck Mount Antenna Cable, 8 Ft Antenna Cable, 20 Ft CANNSS Power Cable 2X User Manual Shipping Container, Dash Mounted Radar 36 Month Warranty —487b0 $87700- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Group Total $3,117.00 Product $3,117.00 Sub -Total: $3,117.00 Discount $0.00 Sales Tax 0% $0.00 Payment Terms: Net 30 days Vehicle Information: 2017 Ford Interceptor SUV Shipping & Handling: $17.50 Total: USD $3,134.50 001 This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. NUT of2DezET) T" Agenda Page 100 of 213 7-5 Consent Agenda WESTERN STATES CONTRACTING ALLIANCE PARTICIPATING ADDENDUM FOR Police Radar, Lidar, Parts & Accessories Between The State of Utah and Applied Concepts Inc. (Name of Contractor) This Participating Addendum will add the State of Utah as a Participating State to purchase from the WSCA Master Price Agreement, Number 01611, with Applied Concepts Inc. For future reference and for all invoices issued under this contract for the State of Utah this contract will be known as MA546. 1. Scope: This contract is intended to support the needs of state and local law enforcement for Police Radar, Lidar, Parts and Accessories. This contract will provide new equipment as well as replacement parts and accessories for existing embedded devices, already owned and in operation by various departments throughout the State of Utah. 2. Participation: Use of specific WSCA cooperative contracts by agencies, political subdivisions, cities, counties, towns and school districts and other entities (including cooperatives) authorized by the State of Utah statutes to use state contracts INDIVIDUAL CUSTOMER: Each State agency and political subdivision, as a Participating Entity, that purchases products/services will be treated as if they were Individual Customers. Except to the extent modified by this Participating Addendum, each agency and political subdivision will be responsible to follow the terms and conditions of the Master Agreement; and they will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement. Each agency and political subdivision will be responsible for their own charges, fees, and liabilities. Each agency and political subdivision will have the same rights to any indemnity or to recover any costs allowed in the contract for their purchases. The Contractor will apply the charges to each Participating Entity individually 3. Chan0es: The following terms and conditions will be added to the Participating Addendum for the State of Utah: 1) AUTHORITY: Provisions of this Addendum are pursuant to the authority set forth in 63G-6, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the STATE to purchase certain specified services, and other approved purchases for the STATE. 2) LAWS AND REGULATIONS: Any and all supplies, services and equipment furnished will comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 3) RECORDS ADMINISTRATION: The Contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records will be retained by the Contractor for at [east four years after the contract terminates, or until all audits initiated within the four years have been completed, whichever is later. The Contractor agrees to allow the State and Federal auditors, and State agency staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 4) CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to Invitation to Bids nor to the Multi -Step Process. 4.1 Status Verification System A. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. 2010ModelPA Agenda Page 101 of 213 7-5 Consent Agenda " B . T h e C o n t r a c t o r s h a l l r e q u i r e t h a t t h e f o l l o w i n g p r o v i s i o n b e p l a c e d i n e a c h s u b c o n t r a c t a t e v e r y t i e r : " T h e s u b c o n t r a c t o r p h a l l c e r t i f y t o t h e m a i n ( p r i m e o r g e n e r a l ) c o n t r a c t o r b y a f f i d a v i t t h a t t h e s u b c o n t r a c t o r h a s v e r i f i e d t h r o u g h t h e S t a t u s V e r i f i c a t i o n S y s t e m t h e e m p l o y m e n t s t a t u s o f e a c h n e w e m p l o y e e o f t h e r e s p e c t i v e s u b c o n t r a c t o r , a l l i n a c c o r d a n c e w i t h a p p l i c a b l e I m m i g r a t i o n l a w s i n c l u d i n g S e c t i o n 6 3 G - 1 2 - 3 0 2 a n d t o c o m p l y w i t h a l l a p p l i c a b l e e m p l o y e e s t a t u s v e r i f i c a t i o n l a w s . S u c h a f f i d a v i t m u s t b e p r o v i d e d p r i o r t o t h e n o t i c e t o p r o c e e d f o r t h e s u b c o n t r a c t o r t o p e r f o r m t h e w o r k . " C . T h e S t a t e w i l l n o t c o n s i d e r a p r o p o s a l f o r a w a r d , n o r w i l l i t m a k e a n y a w a r d w h e r e t h e r e h a s n o t b e e n c o m p l i a n c e w i t h t h i s S e c t i o n . D . M a n u a l l y o r e l e c t r o n i c a l l y s i g n i n g t h e P r o p o s a l i s d e e m e d t h e C o n t r a c t o r ' s c e r t i f i c a t i o n o f c o m p l i a n c e w i t h a l l p r o v i s i o n s o f t h i s e m p l o y m e n t s t a t u s v e r i f i c a t i o n c e r t i f i c a t i o n r e q u i r e d b y a l l a p p l i c a b l e s t a t u s v e r i f i c a t i o n l a w s i n c l u d i n g U C A S e c t i o n 6 3 G - 1 2 - 3 0 2 . 4 . 2 I n d e m n i t y C l a u s e f o r S t a t u s V e r i f i c a t i o n S y s t e m A . C o n t r a c t o r ( i n c l u d e s , b u t i s n o t l i m i t e d t o a n y C o n t r a c t o r , D e s i g n P r o f e s s i o n a l , D e s i g n e r o r C o n s u l t a n t ) s h a l l p r o t e c t , i n d e m n i f y a n d h o l d h a r m l e s s , t h e S t a t e a n d i t s o f f i c e r s , e m p l o y e e s , a g e n t s , r e p r e s e n t a t i v e s a n d a n y o n e t h a t t h e S t a t e m a y b e l i a b l e f o r , a g a i n s t a n y c l a i m , d a m a g e s o r l i a b i l i t y a r i s i n g o u t o f o r r e s u l t i n g f r o m v i o l a t i o n s o f t h e a b o v e S t a t u s V e r i f i c a t i o n S y s t e m S e c t i o n w h e t h e r v i o l a t e d b y e m p l o y e e s , a g e n t s , o r c o n t r a c t o r s o f t h e f o l l o w i n g : ( a ) C o n t r a c t o r ; ( b ) S u b c o n t r a c t o r a t a n y t i e r ; a n d / o r ( c ) a n y e n t i t y o r p e r s o n f o r w h o m t h e C o n t r a c t o r o r S u b c o n t r a c t o r m a y b e l i a b l e . B . N o t w i t h s t a n d i n g S e c t i o n 1 . a b o v e , D e s i g n P r o f e s s i o n a l s o r D e s i g n e r s u n d e r d i r e c t c o n t r a c t w i t h t h e S t a t e s h a l l o n l y b e r e q u i r e d t o i n d e m n i f y t h e S t a t e f o r a l i a b i l i t y c l a i m t h a t a r i s e s o u t o f t h e d e s i g n p r o f e s s i o n a l ' s s e r v i c e s , u n l e s s t h e l i a b i l i t y c l a i m a r i s e s f r o m t h e D e s i g n P r o f e s s i o n a l ' s n e g l i g e n t a c t , w r o n g f u l a c t , e r r o r o r o m i s s i o n , o r o t h e r l i a b i l i t y i m p o s e d b y l a w e x c e p t t h a t t h e d e s i g n p r o f e s s i o n a l s h a l l b e r e q u i r e d t o i n d e m n i f y t h e S t a t e i n r e g a r d t o s u b c o n t r a c t o r s o r s u b c o n s u l t a n t s a t a n y t i e r t h a t a r e u n d e r t h e d i r e c t o r i n d i r e c t c o n t r o l o r r e s p o n s i b i l i t y o f t h e D e s i g n P r o f e s s i o n a l , a n d i n c l u d e s a l l i n d e p e n d e n t c o n t r a c t o r s , a g e n t s , e m p l o y e e s o r a n y o n e e l s e f o r w h o m t h e D e s i g n P r o f e s s i o n a l m a y b e l i a b l e a t a n y t i e r . 5 ) I N D E M N I T Y C L A U S E : T h e C o n t r a c t o r w i l l r e l e a s e , p r o t e c t , i n d e m n i f y a n d h o l d t h e S T A T E a n d t h e r e s p e c t i v e p o l i t i c a l s u b d i v i s i o n s a n d t h e i r o f f i e e r s , a g e n c i e s , e m p l o y e e s , h a r m l e s s f r o m a n d a g a i n s t a n y d a m a g e , c o s t o r l i a b i l i t y , i n c l u d i n g r e a s o n a b l e a t t o r n e y ' s f e e s f o r a n y o r a l l i n j u r i e s t o p e r s o n s , p r o p e r t y o r c l a i m s f o r m o n e y d a m a g e s a r i s i n g f r o m a c t s o r o m i s s i o n s o f t h e C o n t r a c t o r , h i s e m p l o y e e s o r s u b c o n t r a c t o r s o r v o l d n t e e r s . T h e p a r t i e s a g r e e t h a t i f t h e r e a r e a n y L i m i t a t i o n s o f t h e C o n t r a c t o r ' s L i a b i l i t y , i n c l u d i n g a l i m i t a t i o n o f l i a b i l i t y f o r a n y o n e f o r w h o m f h b C o n t r a c t o r i s r e s p o n s i b l e , s u c h L i m i t a t i o n s o f L i a b i l i t y w i l l n o t a p p l y t o i n j u r i e s t o p e r s o n s , i n c l u d i n g d e a t h , o r t o d a m a g e s t o p r o p e r t y . 6 ) E M P L O Y M E N T P R A C T I C E S C L A U S E : T h e C o n t r a c t o r a g r e e s t o a b i d e b y t h e p r o v i s i o n s o f T i t l e V I a n d V I 1 o f t h e C i v i l R i g h t s A c t o f 1 9 6 4 ( 4 2 U S C 2 0 0 0 e ) w h i c h p r o h i b i t s d i s c r i m i n a t i o n a g a i n s t a n y e m p l o y e e o r a p p l i c a n t f o r e m p l o y m e n t o r a n y a p p l i c a n t o r r e c i p i e n t o f s e r v i c e s , o n t h e b a s i s o f r a c e , r e l i g i o n , c o l o r , o r n a t i o n a l o r i g i n ; a n d f u r t h e r a g r e e s t o a b i d e b y E x e c u t i v e O r d e r N o . 1 1 2 4 6 , a s a m e n d e d , w h i c h p r o h i b i t s d i s c r i m i n a t i o n o n t h e b a s i s o f s e x ; 4 5 C F R 9 0 w h i c h p r o h i b i t s d i s c r i m i n a t i o n o n t h e b a s i s o f a g e ; a n d S e c t i o n 5 0 4 o f t h e R e h a b i l i t a t i o n A c t o f 1 9 7 3 , o r t h e A m e r i c a n s w i t h D i s a b i l i t i e s A c t o f 1 9 9 0 w h i c h p r o h i b i t s d i s c r i m i n a t i o n o n t h e b a s i s o f d i s a b i l i t i e s . A l s o , t h e C o n t r a c t o r a g r e e s t o a b i d e b y U t a h ' s E x e c u t i v e O r d e r , d a t e d M a r c h 1 7 , 1 9 9 3 , w h i c h p r o h i b i t s s e x u a l h a r a s s m e n t i n t h e w o r k p l a c e . 7 ) D E B A R M E N T : T h e C o n t r a c t o r c e r t i f i e s t h a t n e i t h e r i t n o r i t s p r i n c i p a l s a r e p r e s e n t l y d e b a r r e d , s u s p e n d e d , p r o p o s e d f o r d e b a r m e n t , d e c l a r e d i n e l i g i b l e , o r v o l u n t a r i l y e x c l u d e d f r o m p a r t i c i p a t i o n i n t h i s t r a n s a c t i o n ( c o n t r a c t ) , b y a n y g o v e r n m e n t a l d e p a r t m e n t o r a g e n c y . I f t h e C o n t r a c t o r c a n n o t c e r t i f y t h i s s t a t e m e n t , a t t a c h a w r i t t e n e x p l a n a t i o n f o r r e v i e w b y t h e S T A T E . T h e C o n t r a c t o r m u s t n o t i f y t h e S t a t e D i r e c t o r o f P u r c h a s i n g w i t h i n 3 0 d a y s i f d e b a r r e d b y a n y g o v e r n m e n t a l e n t i t y d u r i n g t h e C o n t r a c t p e r i o d . 8 ) T E R M I N A T I O N : U n l e s s o t h e r w i s e s t a t e d i n t h e S p e c i a l T e r m s a n d C o n d i t i o n s , t h i s c o n t r a c t m a y b e t e r m i n a t e d , w i t h c a u s e b y e i t h e r p a r t y , i n a d v a n c e o f t h e s p e c i f i e d t e r m i n a t i o n d a t e , u p o n w r i t t e n n o t i c e b e i n g g i v e n b y t h e o t h e r p a r t y . T h e p a r t y i n v i o l a t i o n w i l l b e g i v e n t e n ( 1 0 ) w o r k i n g d a y s a f t e r n o t i f i c a t i o n t o c o r r e c t a n d c e a s e t h e v i o l a t i o n s , a f t e r w h i c h t h e c o n t r a c t m a y b e t e r m i n a t e d f o r c a u s e . T h i s c o n t r a c t m a y b e t e r m i n a t e d w i t h o u t c a u s e , i n a d v a n c e o f t h e s p e c i f i e d e x p i r a t i o n d a t e , b y e i t h e r p a r t y , u p o n t h i r t y ( 3 0 ) d a y s p r i o r w r i t t e n n o t i c e b e i n g g i v e n t h e o t h e r p a r t y . O n t e r m i n a t i o n o f t h i s c o n t r a c t , a l l a c c o u n t s a n d p a y m e n t s w i l l b e p r o c e s s e d a c c o r d i n g t o t h e f i n a n c i a l a r r a n g e m e n t s s e t f o r t h h e r e i n f o r a p p r o v e d s e r v i c e s r e n d e r e d t o d a t e o f t e r m i n a t i o n . 9 ) N O N A P P R O P R I A T I O N O F F U N D S : T h e C o n t r a c t o r a c k n o w l e d g e s t h a t t h e S t a t e c a n n o t c o n t r a c t f o r t h e p a y m e n t o f f u n d s n o t y e t a p p r o p r i a t e d b y t h e U t a h S t a t e L e g i s l a t u r e . i f f u n d i n g t o t h e S t a t e i s r e d u c e d d u e t o a n o r d e r b y t h e L e g i s l a t u r e o r t h e G o v e r n o r , o r i s r e q u i r e d b y S t a t e l a w , o r i f f e d e r a l f u n d i n g ( w h e n a p p l i c a b l e ) i s n o t p r o v i d e d , t h e S t a t e m a y t e r m i n a t e t h i s c o n t r a c t o r p r o p o r t i o n a t e l y r e d u c e t h e s e r v i c e s a n d p u r c h a s e o b l i g a t i o n s f r o m t h e S t a t e u p o n 3 0 d a y s w r i t t e n n o t i c e . I n t h e c a s e t h a t f u n d s a r e n o t a p p r o p r i a t e d o r a r e r e d u c e d , t h e S t a t e w i l l r e i m b u r s e C o n t r a c t o r f o r p r o d u c t s d e l i v e r e d o r s e r v i c e s p e r f o r m e d t h r o u g h t h e d a t e o f c a n c e l l a t i o n o r r e d u c t i o n , a n d t h e S t a t e w i l l n o t b e l i a b l e f o r a n y f u t u r e c o m m i t m e n t s , p e n a l t i e s , o r l i q u i d a t e d d a m a g e s . 1 0 ) T A X E S : B i d / p r o p o s a l p r i c e s w i l l b e e x c l u s i v e o f s t a t e s a l e s , u s e a n d f e d e r a l e x c i s e t a x e s . T h e S t a t e o f U t a h ' s s a l e s a n d u s e t a x e x e m p t i o n n u m b e r i s 1 1 7 3 6 8 5 0 - 0 1 0 - S T C , l o c a t e d a t h t t p : / / p u r c h a s i n g . u t a h . g o v / c o n t r a c t / d o c u m e n t s / s a l e s t a x e x e m p t i o n f o r m s i g n e d . p d f . T h e t a n g i b l e p e r s o n a l p m p e r t y o r s e r v i c e s b e i n g p u r c h a s e d a r e b e i n g p a i d f r o m S T A T E f u n d s a n d u s e d i n t h e e x e r c i s e o f t h a t e n t i t y ' s e s s e n t i a l f u n c t i o n s . I f t h e i t e m s b e i n g p u r c h a s e d a r e c o n s t r u c t i o n m a t e r i a l s , t h e y w i l l b e c o n v e r t e d i n t o r e a l p r o p e r t y b y e m p l o y e e s o f t h i s g o v e r n m e n t e n t i t y , u n l e s s o t h e r w i s e s t a t e d i n t h e c o n t r a c t , o r c o n t r a c t o r d e r s . T h e S t a t e o f U t a h ' s F e d e r a l e x c i s e e x e m p t i o n n u m b e r i s 8 7 - 7 8 0 0 1 9 K . 1 1 ) P A R T I C I P A N T S : T h i s i s a c o n t r a c t t o p r o v i d e t h e S t a t e o f U t a h g o v e r n m e n t d e p a r t m e n t s , i n s t i t u t i o n s , a g e n c i e s a n d p o l i t i c a l s u b d i v i s i o n s ( i . e , . , C o l l e g e s , s c h o o l d i s t r i c t s , c o u n t i e s , c i t i e s , e t c . ) w i t h t h e g o o d s a n d / o r s e r v i c e s d e s c r i b e d i n t h e b i d / p r o p o s a l . 1 2 ) P O L I T I C A L S U B D I V I S I O N P A R T I C I P A T I O N : P a r t i c i p a t i o n u n d e r t h i s c o n t r a c t b y p o l i t i c a l s u b d i v i s i o n s ( i . e . , c o l l e g e s , s c h o o l d i s t r i c t s , c o u n t i e s , c i t i e s , e t c . ) w i l l b e v o l u n t a r i l y d e t e r m i n e d b y t h e p o l i t i c a l s u b d i v i s i o n . T h e C o n t r a c t o r a g r e e s t o s u p p l y t h e p o l i t i c a l s u b d i v i s i o n s b a s e d u p o n t h e s a m e t e r m s , c o n d i t i o n s a n d p r i c e s . 2 0 1 0 1 4 o d e I P A A g e n d a P a g e 1 0 2 o f 2 1 3 7 - 5 C o n s e n t A g e n d a 13) REPORTS AND FEES: The Contractor agrees to provide a quarterly administrative fee to the State of Utah in the form of a Check or EFT payrrtent. The fee will be payable to the "State of Utah Division of Purchasing" for an amount equal to 1% of the net sales (net of any retums, credits, or adjustments) under this Addendum for the period. The Contractors WSCA pricing to the Participating Entity may be adjusted to offset for the equivalent fee amount. Payment(s) shall be made in accordance with the following schedule: Period End March 31 June 30 September 30 December 31 Fee Due April 30 July 31 October 31 January 31 The Contractor agrees to provide a quarterly utilization report, reflecting net sales to the Participating Entity during the associated fee period. The report will show the quantities and dollar volume of purchases by each agency and political subdivision. The report will be provided in secure electronic format and/or submitted electronically to the Purchasing Agent in the Division of Purchasing over in this Addendum and a copy to the Utah reports email address salesreportseutah.gov. 14) PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund clatms, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-3. The iRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. Payments may be made via a State of Utah (or political subdivision) "Purchasing Card" (major credit card). All payments to the Contractor will be remifted by mail, electronic funds transfer, or Purchasing Card. 15) HAZARDOUS CHEMICAL INFORMATION: The Contractor will, provide one set of the appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to the user agency. All safety data sheets and labets will be in accordance with each participating state's requirements. 16) PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and invoices will be public documents, as far as distribution of copies. Contractor gives the STATE express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor agrees that the Contractor's response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any Statements of confidentiality, proprietary information, or copyright information. 17) PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6-1002, Utah Code Annotated, 1953, as amended). 18) ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in the solicitation. 19) INDIVIDUAL CUSTOMERS: Each State agency and each political subdivision, as a State Entity, that uses this contract will be treated as if they were individual Customers. Each agency and each political subdivision will be responsible for their own charges, fees, and liabilities. The Contractor will apply the charges to each State Entity individually. ev 07-11-11 3. Lease Agreements: NONE 4. Primary Contact: Participating Entity's primary contact for this Participating Addendum is: Name: Heather Stevens Address: 3150 State Office Building, Capitol Hill Salt Lake, Utah 84114-1061 Telephone: 801-538-3157 Fax: - 801-538-3882 E-mail: hstevensautalt.Rov 5. Subcontractors: The following subcontractor(s) are authorized to perform services: NONE. • 6. Price Agreement Number: All Purchase Orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include the State Contract number MA546. 7. Purchase Orders: All Purchasing Entities issuing valid Purchase Orders will be bound by the terms and conditions of the .WSCA Master Agreement including, without limitation, the obligation to pay Contractor for Service and Equipment provided. The parties acknowledge and agree that orders submitted to Contractor from a Purchasing Entity through the Purchasing Entity's Business Procurement Card are authorized Purchase Orders under the WSCA Master Agreement. 2010ModelPA Agenda 1 Page 103 of 213 7-5 Consent Agenda (a) In the event of a conflict between the terms contained in the WSCA Master Agreement and this Participating Addendum, the terms and conditions of this Participating Addendum will control as between Contractor and the Participating Entity; and (b) This §tl specifically supercedes §S of the WSCA Master Agreement This Participating Addtrrdum and the WSCA Master Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject mutter of all previous communications, representations or agreements, whether oral or written, with respect to the sithjcct'natter hereof. Terms and conditions inconsistent with, contrary or in addition to the terns and conditions of this Participating Addendum and the WSC:A Muster Agreement, together with its exhibits, shall not be added to or immrporated into this Participating Addendum or the WSCA Master Agreement and its exhibits, by any subsequent Purchase Order or otherwise, and any such attempts to add or incorporate such terms and conditions arc hereby rejected. The terms and conditions (gilds Participating Addendum and the WSCA Master Agreement and its exhibits shall prevail and govern in the cttsY of tiny such inconsistent nr additional terns. IN WITNESS INH1 REO , the parties have executed this Participating Addendum as of the dale of execution by both pm-titm below. Participating Entity: State of Utah By: Kent Beer; Signature: Title: Direct 'rofl;urcltasmg Date: 20 I 0Mode1PA Contractor. Applied Concept, I / Stalker Radar By: Name: Jack Beck. Title: Sales Administration Manager Date: 01 /16/2012 Agenda Page 104 of 213 7-5 Consent Agenda PRODUCTS PRICE SCHEDULE Police Radar —Stalker Basic (See: http://www.stalkerradancom/law basic.shtml) Part # Part Description/Configuration Contract Price 801-0006- Stalker Basic K Band Stalker Basic K-Band Mover can be handheld or $1229.17 00 mounted on the included dash mount for moving mode. The package includes an lit Remote with LED backlight, two removable/rechargeable batteries, battery charger, tuning forks, certificate, manual, and carrying_case. Police Radar Stalker Dual SL— (See: http://www.stalkeiradancom/law dual.shtml) Part # Part Description/Configuration Contract Price N/A Stalker Dual SL K Band Not Applicable $2149.28 805-0022- 00 Stalker Dual SL KA Band Stalker Dual SL includes automatic same lane patrol speed detection (eliminates patrol faster/slower button), two Ka -Band antennas, detachable display*, IR remote with LED backlight, target lock, fastest opposite lane target detection, CAN/VSS cable with power and VSS detection from the ear's ODB2 diagnostic port, tuning forks, certificates, and a standard set of cables and mounts suitable for most installations. * requires optional cable 155-2211-00 $2149.28 Police Radar — The Stalker DSR (See: http://www.staliceiradancom/law_dsr.slitml) Part # Part Description/Configuration Contract Price 806-0022- Stalker Dual DSR KA Band Stalker Dual DSR (Directional Radar) includes $2894.66 00 automatic same lane patrol speed detection (eliminates patrol faster/slower button), two Ka - Band antennas, detachable display* with target direction indicators, IR remote with LED backlight, target lock„ fastest target and fastest lock (Opp and Same), target lock annunciator (large and fastest targets), CAN/VSS cable with power and VSS detection from the ear's ODB2 diagnostic port, tuning forks, certificates, and a standard set of cables and mounts suitable for most installations. * requires optional cable 155-2211-00 Agenda Page 105 of 213 7-5 Consent Agenda Police Radar — The Stalker DSR 2X (See: http://www.staikerradancom/law 2x.shtml' Part # Part Description/Configuration Contract Price 807-0001- Stalker DSR 2X KA Baud Stalker DSR 2X (Directional Radar) includes $3060.30 00 simultaneous front/rear target speed display, two Ka -Band antennas, detachable display* with 5 speed windows and target direction indicators, IR remote with LED backlight, target lock, fastest target and fastest lock (Opp and Same), target lock annunciator (large and fastest targets), CAN/VSS cable with power and VSS detection from the ear's ODB2 diagnostic port, tuning forlcs, certificates, and a standard set of cables and mounts suitable for most installations. * requires optional cable 155-2211-00 Police Radar — The Stalker II SDR (See: http://www.stalkeiradancom/law stalkerlishtml Part # Part Description/Configuration Contract Price 803-0005- Stalker II SDR KA Band Stalker II SDR (Directional Radar) Ka -Band $1419.05 00 Stationary. The display includes target directional indicators. The package includes a cigarette plug power cable, two removable/rechargeable battery handles, battery charger, tuning forlcs, certificate, manual, and carrying case. Police Radar — The Stalker II MDR (See: http://www.stalkerradancom/law stalkerffshtml' Part # Part Description/Configuration Contract Price 803-0002- Stalker II MDR KA Band Stalker If MDR (Directional Radar) Ka -Band $2273.51 00 Mover can be handheld or mounted on the included dash mount for moving mode. The display includes target directional indicators. The package includes an IR Remote with LED backlight, CAN/VSS cable with power and VSS detection from the ear's ODB2 diagnostic port, one removable/rechargeable battery handle, battery charger, tuning forks, certificate, manual, and carrying case. Agenda Page 106 of 213 7-5 Consent Agenda Police Radar — The Stalker Patrol Part # Part Description/Configuration Contract Price 809-0002- Stalker Patrol K Band Stalker Patrol includes two K-Band antennas, $1408.95 00 LCD display, ER remote with LED bacldight, target lock, fastest opposite lane target detection, CAN/VSS cable with power and VSS detection from the car's ODB2 diagnostic port, tuning forks, certificates, and a standard set of cables and mounts suitable for most installations. Police LIDAR— The Stalker LR (See: http://www.stallcerradar.com/lidar ir.shtml Part # Part Description/Configuration Contract Price 808-0011- Stalker LIDAR LR Stalker LIDAR LR (C-Package) includes two $2519.95 00 removable/rechargeable battery handles, battery charger, manual and soft padded carrying bag. PARTS & ACCESSORIES PRICE SCHEDULE Parts and Accessories Discount off List price ALL 1 10% Agenda Page 107 of 213 7-5 Consent Agenda PART II THE MODEL CONTRACT State of Washington Department of General Administration Office of State Procurement (OSP) STAT.4, •�wwNI MIN z•11111s>• • /889 Contract 01611 The State of Washington on behalf of The Western States Contracting Alliance (WSCA) A Multi -State Contract for: Police Radar, Lidar, Parts and Accessories For Purchases of Materials, Supplies, Services, and Equipment Under the Authority of Chapter 43.19 RCW Agenda Page 108 of 213 7-5 Consent Agenda 1 OVERVIEW 1.1 CONTRACT SCOPE This contract is intended to support the needs of state and local law enforcement for Police Radar, Lida; Parts and Accessories. This contract will provide new equipment as well as replacement parts and accessories for existing embedded devices, already owned and in operation by various departments throughout the United States. This Contract is to facilitate the as -needed purchase of Police Radar, Lidar, Parts and Accessories for participating members of the Western States Contracting Alliance (WSCA). This Contract was bid under the statutory authority of RCW 43.19 for the purchase of goods and services as stated herein and RCW 39.34 which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities. 1.2 CONTRACT MODIFICATIONS The Purchasing Activity reserves the right to modify this Contract by mutual agreement between the Purchasing Activity and the Contractor, so long as such modification is substantially within the scope of the original Contract. Such modifications will be evidenced by issuance of a written authorized amendment by the Contract Administrator. 1.3 RECITALS The state of Washington, acting by and through the Department of General Administration (GA), Office of State Procurement (OSP) issued an Invitation for Bid (IFB) for the purpose of purchasing goods and services in accordance with its authority under Chapter 43.19 RCW. The a.'a''e .e. V IV submitted a timely Response to OSP's SOLICITATION 1401611. OSP evaluated all properly submitted Responses to the above -referenced SOLICITATION and has identified the ga.41as the apparently successful Contractor. �'� g ,5•,a � �'�s � 5,1 will meet OSP has determined that entering into a Contract with';��;.� ��;p � �t Purchaser's needs and will be in Purchaser's best interest. NOW THEREFORE, OSP awards to the this Contract, the terms and conditions of which shall govern Contractor's furnishing to Purchasers the goods and services as described herein. This Contract is not for personal use. IN CONSIDERATION of the mutual promises as hereinafter set forth, the parties agree as follows: Agenda Page 109 of 213 7-5 Consent Agenda 1.4 PARTICIPATING ENTITIES Potential Participating Entities include members of the Western States Contracting Alliance. The Western States Contracting Alliance (WSCA) is a cooperative group - contracting consortium for state government departments, institutions, institutions of higher education, agencies and political subdivisions (e.g., school districts, counties, cities, etc.,) for the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. WSCA is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). This contract may also be used by other NASPO states with the authorization of the WSCA directors and subject to approval of the individual State Procurement Director and local statutory provisions. In addition to the State of Washington, the following entities have signified their intent to participate in this contract: Alaska, Arizona, Colorado, Delaware, Hawaii, Idaho, Louisiana, Minnesota, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Utah and Vermont. This Intent to Participate is not binding. Other states and public entities may use awards based on this solicitation at any time during the contract period. All members of the Washington State Purchasing Cooperative (WSPC) including where applicable: State Agencies, Institutions of Higher Education, Political Subdivisions, and Non -Profit Corporations are eligible to use this Contract. While use of the Contract by Political Subdivisions and Non -Profit Corporations that are members of the WSPC is optional, the Office of State Procurement encourages them to use state contracts. Their use of the contracts may significantly increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as state agencies. The Office of State Procurement accepts no responsibility for orders or payment by WSPC members. A list of WSPC members is available at http://www.ga.wa.gov/PCA/SPC.htm. Purchases by Nonprofit Corporations Legislation allows nonprofit corporations to participate in State Contracts for purchases administered by the Office of State Procurement (OSP). By mutual agreement with OSP, the contractor may sell goods or services at contract pricing awarded under this SOLICITATION and resulting contract to self certified nonprofit corporations. Such Agenda 1 Page 110 of 213 7-5 Consent Agenda organizations purchasing under the State Contract shall do so only to the extent they retain eligibility and comply with other contract and statutory provisions. The contractor may make reasonable inquiry of credit worthiness prior to accepting orders or delivering goods or services on contract. The State accepts no responsibility for payments by nonprofit corporations. Their use of the contracts may significantly increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as state agencies. 1.5 ESTIMATED USAGE Based on past and/or projected usage, it is estimated that purchases over the initial term of the Contract may approximate $4,700,000 as follows: State Annual estimated volume Alaska $200,000.00 Arizona Not provided Colorado Not provided Delaware $200,000.00 Hawaii not provided Idaho $100,000.00 Louisiana Not provided Minnesota $200,000.00 Montana $75,000.00 Nevada $150,000.00 New Mexico $500,000.00 North Dakota $50,000.00 Oklahoma $320,000.00 Uta h $100,000.00 Vermont $100,000.00 Washington $675,000.00 sub -total: $2,670,000 16 states 1st term Total: $5,340,000 This estimate is provided solely for the purpose of assisting Bidders in preparing their Response. Orders will be placed only on an as needed basis. The State of Washington does not represent or guarantee any minimum purchase. 1.6 CONTRACT TERM The initial term of this contract is Two (2) years from the effective date of award with the option to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of the Purchasing Activity and are subject to written mutual agreement. The total contract term, including the initial term and all Agenda 1 Page 111 of 213 7-5 Consent Agenda subsequent extensions, shall not exceed Seven (7) years unless an emergency exists and/or special circumstances require a partial term extension. The state reserves the right to extend with all or some of the contractors, solely determined by the state. 2 CONTRACT ADMINISTRATION 2.1 PURCHASING ACTIVITY CONTRACT ADNIINISTRATOR The Purchasing Activity shall appoint a single point of contact that will be the Contract Administrator for this Contract and will provide oversight of the activities conducted hereunder. The Contract Administrator will be the principal contact for Contractor concerning business activities under this Contract. The Purchasing Activity will notify Contractor, in writing, when there is a new Contract Administrator assigned to this Contract. 2.2 ADMINISTRATION OF CONTRACT GA will maintain Contract information and pricing and make it available on the GA web site. The Contract prices are the maximum price the Contractor can charge. The Contractor may also offer volume discounts to Purchasers. 2.3 CONTRACT PRODUCT CHANGES A Contractor may propose a revision to its offerings to reflect changed Products appropriate to the scope of the Contract, and may propose such new Products with associated prices to the GA Contract Administrator for approval. Contract Administrator has the sole discretion in approval of addition of revised offerings and pricing. New or changed Products proposed by Contractor must meet the requirements established in this solicitation document or subsequent revisions. If approved by GA, the new Products will be added to the Contract by written amendment. 2.4 CONTRACTOR SUPERVISION A.ND COORDINATION Contractor shall: 1. Competently and efficiently, supervise and coordinate the implementation and completion of all Contract requirements specified herein; 2. Identify the Contractor's Representative, who will be the principal point of contact for the Purchasing Activity Contract Administrator concerning Contractor's performance under this Contract. 3. immediately notify the Contract Administrator in writing of any change of the designated Contractor's Representative assigned to this Contract; and 4. Violation of any provision of this paragraph may be considered a material breach establishing grounds for Contract termination. Be bound by all written communications given to or received from the Contractor's Representative. Agenda Page 112 of 213 7-5 Consent Agenda 2.5 POST AWARD CONFERENCE The contractor may be required to attend a post award conference scheduled by the Procurement Coordinator to discuss contract performance requirements. The time and place of this conference will be scheduled following contract award. 2.6 CONTRACT MANAGEMENT Upon award of this contract, the contractor shall: 1. Review the impact of the award and take the necessary steps needed to ensure that contractual obligations will be fulfilled. 2. Promote and market the use of this contract to all authorized contract Purchasers. 3, Ensure that those who endeavor to utilize this contract are authorized Purchasers under this Contract. 4. At no additional charge, assist Purchasers in the following manner to make the most cost effective, value based, purchases including, but not limited to: a) Visiting the Purchaser site and providing Purchaser with materials/supplies/equipment recommendations. b) Providing Purchasers with a detailed list of contract itetus including current contract pricing and part numbers. 5. The contractor shall designate a customer service representative who will be responsible for addressing Purchaser issues including, but not limited to: a) Logging requests for service, ensuring repairs are completed in a timely manner, dispatching service technicians, and processing warranty claim documentation. b) Providing Purchasers with regular and timely status updates in the event of an order or repair fulfillment delay. 6. Acting as the lead and liaison between the manufacturer and Purchaser in resolving warranty claims for contract items purchased. 2.7 CHANGES Alterations to any of the terms, conditions, or requirements of this Contract shall only be effective upon written issuance of a mutually agreed Contract Amendment by the Contract Administrator. However, changes to point of contact information may be updated without the issuance of a mutually agreed Contract Amendment. 2.8 CONTRACT ADML ISTRATION FEE The Contract(s) will be subject to a WSCA Administration Fee. Bidder(s) will include this fee in its Contract pricing and not as a separate line item to Participating Entities. The Contractor(s) will collect the fees and distribute the fees to WSCA as outlined below: WSCA Administration Fee Agenda Page 113 of 213 7-5 Consent Agenda The WSCA Administration Fee will be one half of one percent (0.5%) on all purchases made under authority of the Contract. Purchases are defined as total invoice price less sales tax. The WSCA Administrative fee shall be paid within thirty (60) days after the end of the calendar quarter. It is the Contractor's responsibility to calculate and remit the Administrative Fee since WSCA does not issue an invoice for this fee. Contractor shall indicate the Contract Number #01611and include with the remittance, a quarterly sales report by WSCA contract participant. The administrative fee shall be paid to: WESTERN STATES CONTRACTING ALLIANCE (WSCA) C/O AMR MANAGEMENT SERVICES 201 EAST MAIN STREET, SUITE 1450 LEXINGTON, ICY 40507 In addition to the WSCA Administration Fee as stated above, some Participating Entities may also require an administrative fee, and will be incorporated into the Participating Entity's Participating Addendum. Participating Entity Administrative Fees may be added to the price of each item or as a separate line item as agreed in each individual Participating Addendum. 2.9 WASHINGTON STATEWIDE VENDOR PAYMENT REGISTRATION Contractors are required to be registered in Washington's Statewide Vendor Payment system, prior to submitting a request for payment under this Contract. Purchasers who are Washington state agencies require registration to be completed prior to payment. The Washington State Office of Financial Management (OFM) maintains a central contractor registration file for Washington State agencies to process contractor payments. To obtain registration materials go to http://www.ofm.wa.gov/accounting/vendors.asp the form has two parts; Part 1 is the information required to meet the above registration condition. Part 2 allows the Washington state agencies to pay invoices electronically with direct deposit and is the state's most efficient method of payment and you are encouraged to sign up for this form of payment. 2.10 SALES & SUBCONTRACTOR REPORTS The Contractor shall provide a Sales and Subcontractor Report to the Office of State Procurement on a quarterly basis in the electronic format provided by the Office of State Procurement at: https://fortress.wa.gov/ga/apps/CSR/Login.aspx. Reports must be submitted electronically within thirty (30) days after the end of the calendar quarter, i.e., no later than April 30th, July 31st, October 31st and January 31st. 2.11 OTHER REQUIRED REPORT(S) All reports required under this contract must be delivered to the Contract Administrator. Contractor may be required to provide a detailed annual contract sales history report that may include but is not limited to products description, part number, per unit quantities Agenda 1 Page 114 of 213 7-5 Consent Agenda sold, contract price in an electronic format that can be read by MS Excel. Other required reports will be designed and approved by the parties by mutual agreement. 2.12 WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS) Contractor shall be registered in the Contractor registration system, Washington's Electronic Business Solution (WEBS) www.ga.wa.gov/webs, maintained by the Washington State Department of General Administration. Contractors already registered need not re -register. It is the sole responsibility of Contractor to properly register with WEBS and maintain an accurate Contractor profile in WEBS. 3 PRICING 3.1 PRICE PROTECTION During the contract period, any price declines at the manufacturer's level or cost reductions to contractor shall be reflected in a reduction of the contract price retroactive to the date the price decline or cost reduction was available to the contractor. 3.2 NO ADDITIONAL CHARGES Unless otherwise specified in the Solicitation, no additional charges by the Contractor will be allowed including, but not limited to: handling charges such as packing, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws, regulations or other unforeseen factors dictate, at the Contract Administrators sole discretion, additional charges may be allowed. 3.3 PRICE ADJUSTMENTS Contractor requests for adjustments in pricing will be considered at the sole discretion of the Purchasing Activity. During Contract period pricing shall remain firm and fixed for the initial 365 days of the Contract and then on a pass through basis only that does not produce a higher profit margin for Contractor than that established by the original Contract pricing. Contractors shall not make extensions contingent on price adjustments. Price increases will not be considered without supporting documentation sufficient to justify the requested increase. Documentation must be based on published indices such as the Producer Price Index or other acceptable indices, and/or the result of increases at the manufacturer's level, other supportable pricing increases, and incurred after Contract commencement date. Contractor shall provide a detailed breakdown of their costs upon request. A minimum of 60 calendar days advance written notice of price increase is required. The granting of any price adjustment will be at the sole discretion of the Contract Administrator. The Contractor shall be notified in writing by the Contract Administrator of any price adjustment granted, and such price adjustment shall be set forth in a written Agenda 1 Page 115 of 213 7-5 Consent Agenda amendment to the Contract. Price adjustments granted shall remain unchanged for at least 365 calendar days thereafter, and no request for adjustments in price will be considered during that time period. 4 CONTRACTOR QUALIFICATIONS AND REQUIREMENTS 4.1 ESTABLISHED BUSINESS Prior to commencing performance, or prior to that time if required by the Purchasing Activity, law or regulation, Contractor must be an established business firm with all required licenses, fees, bonding, facilities, equipment and trained personnel necessary to meet all requirements and perform the work as specified in the Solicitation. Contractor shall maintain compliance with these requirements throughout the life of this contract. The Purchasing Activity reserves the right to require receipt of proof of compliance with said requirements within ten (10) calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirement of this paragraph. 4.2 DEALER AUTHORIZATION The Contractor, if other than the manufacturer, shall provide upon request from a customer, a current, dated, and signed authorization from the manufacturer that the Contractor is an authorized distributor, dealer or service representative and is authorized to sell the manufacturer's products. Failure to provide manufacturer's authorization may result in Contract cancellation. 4.3 USE OF SUBCONTRACTORS In accordance with IFB requirements, Contractor agrees to take complete responsibility for all actions of such Subcontractors. Prior to performance, Contractor shall identify all subcontractors who will perform services in fulfillment of contract requirements, including their name, the nature of services to be performed, address, telephone, facsimile, email, federal tax identification number (TIN), and anticipated dollar value of each subcontract: The Purchasing Activity reserves the right to approve or reject any and all Subcontractors that identified by the contractor. Any Subcontractors not listed in the Bidder's Response, who are engaged by the Contractor, must be pre -approved, in writing, by the Purchasing Activity. Specific restrictions apply to contracting with current or former state employees pursuant to Chapter 42.52 RCW. 4.4 SUBCONTRACTS AND ASSIGNIVIENT Contractor shall not Subcontract, assign, or otherwise transfer its obligations under this Contract without the prior written consent of the Contract Administrator. Contractor shall provide a minimum of thirty (30) calendar days advance notification of intent to Subcontract, assign, or otherwise transfer its obligations under this Contract. Violation of Agenda 1 Page 116 of 213 7-5 Consent Agenda this condition may be considered a material breach establishing grounds for Contract termination. The Contractor shall be responsible to ensure that all requirements of the Contract shall flow down to any and all Subcontractors. In no event shall the existence of a Subcontract operate to release or reduce the liability of Contractor to the state for any breach in the performance of the Contractor's duties. 4.5 CONTRACTOR AUTHORITY AND LNFRINGEMENT Contractor is authorized to sell under this Contract, only those materials, supplies, services and/or equipment as stated herein and allowed for by the provisions of this Contract. Contractor shall not represent to any Purchasers that they have the contract authority to sell any other materials, supplies, services and/or equipment. Further, Contractor may not intentionally infringe on other established State Contracts. 4.6 MATERIALS AND WORM iANSHIP The Contractor shall be required to furnish all materials, supplies, equipment and/or services necessary to perform Contractual requirements. Materials, supplies and workmanship used in the construction of equipment for this Contract shall conform to all applicable federal, state, and local codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials, supplies and equipment shall be manufactured in accordance with the best commercial practices and standards for this type of materials, supplies, and equipment. 4.7 MERCURY CONTENT AND PREFERENCE Contractor shall provide mercury -free products when available. Should mercury -free products not exist, contractors shall provide products with the lowest mercury content available. Contractor shall disclose products that contain added mercury and provide an explanation that includes the amount or concentration of mercury, and justification as to why added mercury is necessary for the function or performance of the product. The Contractor is to provide any existing technical data pertaining to the addition of mercury or a mercury compound intentionally added to the product. If the product does not contain mercury or a mercury compound, Contractor shall submit a written statement to that effect. Contractor shall maintain compliance with these requirements throughout the life of this contract. The Purchasing Activity reserves the right to require receipt of proof of compliance with said requirements within ten (10) calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirement of this paragraph. Agenda Page 117 of 213 7-5 Consent Agenda 5 DELIVERY REQUIREMENTS 5.1. STANDARD OF QUALITY/CONSISTENCY OVER TERM OF CONTRACT If, in the sole judgment of the Purchasing Activity or the Purchaser, any item is determined not to be as specified, the Purchaser may take any or all of the following actions: 1. the product may be returned at Contractor's expense; 2. the contract may be terminated without any liability to the State of Washington or Purchaser 5.2 SAIPPENG AND RISK OF LOSS Shipping shall be FOB Destination. Seller pays the cost of shipping, owns the goods in transit and files any claims if necessary. 5.3 DELIVERY a) Standard products shall be delivered within ten (10) business days. Non-standard or custom product orders shall be delivered within twenty (20) business days; if delivery is not possible because of specialized materials or product specifications then Contractor shall provide a mutually acceptable firm delivery date. b) Deliveries will be made during the normal work hours (Monday through Friday from 8 AM to 5 PM). The contractor is responsible for coordinating with customers and carrier(s) the delivery schedule, shipping instructions and location delivery details. The state reserves the right to refuse shipment when delivered outside of normal working hours. c) If order fulfillment is anticipated to exceed the typical order fulfillment lead time, the contractor shall advise the purchaser within 24 hours of receipt of the purchase order. 5.4 TECHNICAL MANUALS The supplier shall furnish the following equipment documentation. These manuals shall accompany ordered equipment at time of delivery; the ordering agency may request CDROM, or hard copy form. A. OPERATORS MANUAL One Operators Manual shall be included without charge with each equipment unit. This manual shall provide an operational description of the equipment and all other pertinent operational details. This manual must include illustrations or photographs displaying the location and details of the various devices and controls. This manual may be a volume separated from other manuals. B. INSTALLATION MANUAL Agenda Page 118 of 213 7-5 Consent Agenda One Installation Manual shall be included without charge with each unit supplied. The installation manual shall consist of printed and illustrated sections that describe the mechanical, electrical and electronic details of installation sufficient to assure proper operation at completion. This manual may be a section of the operator's manual. C. SERVICE MANUAL The Service Manual shall be included without charge with each unit supplied. The Service Manual shall contain circuit descriptions in written and illustrative form which are concise and all inclusive. Sections of the manual shall include theory of operations to the component level, parts lists, troubleshooting flow diagrams and charts, instructions for alignment, programming, adjustment and/or setup, schematics with normal operating voltages, plus wiring, interface, interconnection and printed circuit layout and assembly. Quantities of Service Manual issuance shall be as requested by the purchaser. 5.5 CATALOGS AND PRICE LISTS Bidder or Contractor shall furnish all necessary catalogs and latest dated published manufacturer's price lists upon the request of a purchaser. 5.6 SITE SECURITY While on Purchaser's premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations. 5.7 INSPECTION AND REJECTION The Purchaser's inspection of all materials, supplies and equipment upon delivery is for the purpose of forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Such inspection shall not be construed as final acceptance, or as acceptance of the materials, supplies or equipment, if the materials, supplies or equipment does not conform to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at the time of delivery, the Purchaser will promptly notify the Contractor. Without limiting any other rights, the Purchaser may require the Contractor to: (1) repair or replace, at Contractor's expense, any or all of the damaged goods; (2) refund the price of any or all of the damaged goods; or (3) accept the return of any or all of the damaged goods. 5.8 STANDARDS The equipment described herein shall meet or exceed applicable EIA, FCC, IEEE, NHTSA, NIST and NEMA requirements, standards, specifications, practices and/or procedures current at the time of contract bid opening. Unless specifically excepted by the terms of the attached specifications, any and all parts or accessories ordinarily furnished or required to produce the equipment herein specified Agenda Page 119 of 213 7-5 Consent Agenda as a complete, operating unit shall be furnished by the supplier whether identified in the specifications or not. The unit shall be delivered to the purchaser with any and all equipment modifications intact and intact and installed. All ordered options shall be factory installed and tested in the unit prior to delivery. The unit shall be delivered to the purchaser fully assembled and ready for operation. 5.9 TREATMENT OF ASSETS 1. Title to all property furnished by the Purchasing Activity and/or Purchaser shall remain in the Purchasing Activity and/or Purchaser, as appropriate. Title to all property furnished by the Contractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the Purchaser upon delivery of such property by the Contractor and Acceptance by the Purchaser. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in the Purchaser upon (0 issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchaser in whole or in part, whichever first occurs. 2. Any property of the Purchasing Activity and/or Purchaser furnished to the Contractor shall, unless otherwise provided herein or approved by the Purchasing Activity and/or Purchaser, be used only for the performance of this Contract. 3. The Contractor shall be responsible for damages as a result of any loss or damage to property of the Purchasing Activity and/or Purchaser which results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances. 4. If any Purchasing Activity and/or Purchaser property is lost, destroyed, or damaged, the Contractor shall immediately notify the Purchasing Activity and/or Purchaser and shall take all reasonable steps to protect the property from further damage. 5. The Contractor shall surrender to the Purchasing Activity and/or Purchaser all property of the Purchasing Activity and/or Purchaser prior to settlement upon completion, termination, or cancellation of this contract. 6. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 5.10 HAZARDOUS MATERIALS "Right to know" legislation requires the Department of Labor and Industries to establish a program to make employers and employees more aware of hazardous substances in their work environment. Implementing Chapter 296-839 WAC requires that all manufacturers Agenda 1 Page 120 of 213 7-5 Consent Agenda and distributors of hazardous substances, including any of the items listed in this Contract, must include a complete material safety data sheet (MSDS) for each hazardous material. Additionally, each container of hazardous materials must be appropriately labeled with: 1. The identity of the hazardous material, 2. Appropriate hazard warnings, and 3. Name and address of the chemical manufacturer, importer, or other responsible party Labor and Industries may levy appropriate fines for noncompliance and agencies may withhold payment -pending receipt of a legible copy of MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question. 6 PAYMENT 6.1 ADVANCE PAYMENT PROHIBITED No advance payment shall be made for the Products and Services furnished by Contractor pursuant to this Contract. Notwithstanding the above, maintenance payments, if any, may be made on a quarterly basis at the beginning of each quarter. 6.2 IDENTIFICATION All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Contract shall be identified by the Contract number and the applicable Purchaser's order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders. 6.3 PAYMENT, INVOICING AND DISCOUNTS Payment is the sole responsibility of, and will be made by, the Purchaser. Contractor shall provide a properly completed invoice to Purchaser. All invoices are to be delivered to the address indicated in the purchase order. Each invoice shall be identified by the associated Contract Number; the Contractor's Statewide Vendor registration number assigned by Washington State Office of Financial Management (OFM), the applicable Purchaser's order number, and shall be in U.S. dollars. invoices shall be prominently annotated by the Contractor with all applicable prompt payment and/or volume discount(s) and shipping charges unless otherwise specified in the Solicitation. Hard copy credit memos are to be issued when the state has been overcharged. Agenda Page 121 of 213 7-5 Consent Agenda Invoices for payment will accurately reflect all discounts due the Purchaser. Invoices will not be processed for payment, nor will the period of prompt payment discount commence, until receipt of a properly completed invoice denominated in U.S. dollars and until all invoiced items are received and satisfactory performance of Contractor has been accepted by the Purchaser. If an adjustment in payment is necessary due to damage or dispute, any prompt payment discount period shall commence on the date final approval for payment is authorized. Under Chapter 39.76 RCW , if Purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with Contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor. If the Contractor fails to make timely payment(s) or issuance of credit memos, the Purchaser may impose a 1% per month on the amount overdue. Payment for materials, supplies and/or equipment received and for services rendered shall be made by Purchaser and be redeemable in U.S. dollars. Unless otherwise specified, the Purchaser's sole responsibility shall be to issue this payment. Any bank or transaction fees or similar costs associated with currency exchange procedures or the use of purchasing/credit cards shall be fully assumed by the Contractor. 6.4 TAXES, FEES AND LICENSES Taxes: Where required by statute or regulation, the Contractor shall pay for and maintain in current status all taxes that are necessary for Contract performance. Unless otherwise indicated, the Purchaser agrees to pay State of Washington taxes on all applicable materials, supplies, services and/or equipment purchased. No charge by the Contractor shall be made for federal excise taxes and the Purchaser agrees to furnish Contractor with an exemption certificate where appropriate. Collection of R.etaiI Sales And Use Taxes: In general, Contractors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue (DOR). In general, out-of-state Contractors must collect and remit "use tax" to Department of Revenue if the activity carried on by the seller in the State of Washington is significantly associated with Contractor's ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative: 1. Maintains an in -state office, distribution house, sales house, warehouse, service enterprise, or any other in -state place of business; 2. Maintains an in -state inventory or stock of goods for sale; Agenda Page 122 of 213 7-5 Consent Agenda 3. Regularly solicits orders from Purchasers located within the State of Washington via sales representatives entering the State of Washington; 4. Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with Purchasers in an attempt to establish or maintain market(s); or 5. Other factors identified in WAC 458-20. Department of Revenue Registration for Out -of -State Contractors: Out-of-state Contractors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 800-647-7706 for additional information. When out-of-state Contractors are not required to collect and remit "use tax," Purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue. Fees/Licenses: After award of Contract, and prior to commencing performance under the Contract, the Contractor shall pay for and maintain in a current status any licenses, fees, assessments, permit charges, etc., which are necessary for Contract performance. It is the Contractor's sole responsibility to maintain licenses and to monitor and determine any changes or the enactment of any subsequent regulations for said fees, assessments, or charges and to immediately comply with said changes or regulations during the entire term of this Contract. Customs/Brokerage Fees: Contractor shall take all necessary actions, including, but not limited to, paying all customs, duties, brokerage, and/or import fees, to ensure that materials, supplies, and/or equipment purchased under the Contract are expedited through customs. Failure to do so may subject Contractor to liquidated damages as identified herein and/or to other remedies available by law or Contract. Neither the Purchasing Activity nor the Purchaser will incur additional costs related to Contractor's payment of such fees. Taxes on Invoice: Contractor shall calculate and enter the appropriate Washington State and local sales tax on all invoices. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247. 6.5 MINORITY AND WOMEN'S BUSINESS ENTERPRISE (MWBE) PARTICIPATION With each invoice for payment and within thirty (30) days of Purchasers request, Contractor shall provide Purchaser an Affidavit of Amounts Paid. The Affidavit of Amounts Paid shall either state that Contractor still maintains its MWBE certification, or state that its Subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts paid to each certified MWBE Subcontractor under this Contract. Contractor shall maintain records supporting the Affidavit of Amounts Paid in accordance with this Contract's Retention of Records section. Agenda Page 123 of 213 7-5 Consent Agenda 6.6 OVERPAYMENTS TO CONTRACTOR Contractor shall refund to Purchaser the full amount of any erroneous payment or overpayment under this Contract within thirty (30) days' written notice. If Contractor fails to make timely refund, Purchaser may charge Contractor one percent (1%) per month on the amount due, until paid in full. 6.7 AUDITS The state reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing may be considered complete cause for contract termination. 7 QUALITYASSURANCE 7.1 RIGHT OF INSPECTION Contractor shall provide right of access to its facilities to Purchasing Activity, or any of Purchasing Activity's officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 7.2 CONTRACTOR COMMITIN ENTS, WARRANTIES AND REPRESENTATIONS Any written commitment by Contractor within the scope of this Contract shall be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and shall render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor in its Response or contained in any Contractor or manufacturer publications, written materials, schedules, charts, diagrams, tables, descriptions, other written representations, and any other communication medium accompanying or referred to in its Response or used to effect the sale to Purchaser.. 7.3 MANUFACTURER AUTHORIZED WARRANTY REPAIR PROOF OF CERTIFICATION/AUTHORIZATION Contractor shall also provide documentation demonstrating the qualification of each facility to perform service and repairs including at least the following: A letter signed by an authorized representative of the manufacturer certifying that each facility listed is an authorized service and repair facility for materials, supplies, or equipment; and Manufacturer authorized service must be available in to any geographic area covered in this solicitation Agenda Page 124 of 213 7-5 Consent Agenda 7.4 WARRANTIES Items delivered under this contract will be accompanied by a copy of the warranty. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture. Equipment Service Life All equipment covered by these specifications and any resultant contracts shall have a minimum service life of ten (10) years from date of delivery to the purchaser. The supplier shall guarantee replacement parts availability from the supplier and/or authorized distributor for this service life period. Equipment & Parts Warranty The supplier shall guarantee repair or replacement of any equipment or part thereof that fails in operation during normal and proper use within one (1) year from date of purchaser's receipt due to defects in design, material or workmanship, consummation of final acceptance and payment notwithstanding. These replacements shall be of no cost to the purchaser. The cost of installation of these replacements, including shipping and delivery, shall be borne by the supplier for the period of warranty. Any equipment or part replaced under the provisions of this warranty becomes the property of the supplier. If the supplier desires the defective equipment or part returned, the supplier shall pay all transportation charges for the return. If the supplier does not specifically request return of such replaced parts within thirty (30) days from date of replacement, the equipment or parts become the property of the purchaser. Replacement parts shall be regularly stocked by the supplier and/or authorized distributor. Delay in purchaser's receipt of replacement parts shall not exceed ten (10) consecutive days from supplier or distributor's receipt of order. The supplier shall supply the purchaser, free of charge for the service life of the equipment, with all data, drawings and specifications of modifications, plans or experiments by which the equipment may be improved or modernized. 7.5 COST OF REMEDY Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor. Agenda 1 Page 125 of 213 7-5 Consent Agenda 8 INFORMATION AND COMMUNICATIONS 8.1 ADVERTISING Contractor shall not publish or use any information concerning this Contract in any format or media for advertising or publicity without prior written consent from the Contract Administrator. 8.2 RETENTION OF RECORDS The Contractor shall maintain ail books, records, documents, data and other evidence relating to this Contract and the provision of materials, supplies, services and/or equipment described herein, including, but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review, or audit by the Purchasing Activity, personnel duly authorized by the Purchasing Activity, the Washington State Auditor's Office, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 8.3 PROPRIETARY OR CONFIDENTIAL INFORMATION To the extent consistent with Chapter 42.56 RCW, the Public Disclosure Act, the Purchasing Activity shall maintain the confidentiality of Contractor's information marked confidential or proprietary. If a request is made to view Contractor's proprietary information, the Purchasing Activity will notify Contractor of the request and of the date that the records will be released to the requester unless Contractor obtains a court order enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, the Purchasing Activity will release the requested information on the date specified. The State's sole responsibility shall be limited to maintaining the above data in a secure area and to notify Contractor of any request(s) for disclosure for so long as the Purchasing Activity retains Contractor's information in the Purchasing Activity records. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such materials are exempt from disclosure. 8.4 NON -ENDORSEMENT AND PUBLICITY Neither the Purchasing Activity nor the Purchasers are endorsing the Contractor's Products or Services, nor suggesting that they are the best or only solution to their needs. Contractor agrees to make no reference to the Purchasing Activity, any Purchaser or the state of Washington'in any literature, promotional material, brochures, sales presentation Agenda Page 126 of 213 7-5 Consent Agenda or the like, regardless of method of distribution, without the prior review and express written consent of the Purchasing Activity. 8.5 OWNERSHIP/RIGHTS IN DATA Purchaser and Contractor agree that all data and work products (collectively called "Work Product") produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by Purchaser. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work made for hire under applicable law, Contractor assigns and transfers to Purchaser the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor shall execute all documents and perform such other proper acts as Purchaser may deem necessary to secure for Purchaser the rights pursuant to this section. Contractor shall not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership in any Work Product, without the prior written permission of Purchaser. Contractor shall take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Contract, but that does not originate there from ("Preexisting Material"), shall be transferred to Purchaser with a nonexclusive, royalty - free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor has a right to grant such a license. Contractor shall exert all reasonable effort to advise Purchaser at the time of delivery of Preexisting Material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. Purchaser shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. Purchaser shall have the right to Agenda Page 127 of 213 7-5 Consent Agenda modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 8.6 PROTECTION OF CONFIDENTIAL AND PERSONAL INFORMATION Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW or other state or federal statutes ("Confidential Information"). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without Purchaser's express written consent or as provided by law. Contractor agrees to release such information or material only to employees or Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by Purchaser. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information. "Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Contract shall be protected against unauthorized use, disclosure, modification or loss. HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Contractor must comply with all HIPAA requirements and rules when determined applicable by the Purchaser. if Purchaser determines that (1) Purchaser is a "covered entity" under HIPAA, and that (2) Contractor will perform "business associate" services and activities covered under HIPAA, then at Purchaser's request, Contractor agrees to execute Purchaser's business associate Contract in compliance with HIPAA. Contractor shall ensure its directors, officers, employees, Subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Agency or as otherwise required by law. Any breach of this provision may result in termination of the Contract and demand for return of all personal information. The Contractor agrees to indemnify and hold harmless Agenda 1 Page 128 of 213 7-5 Consent Agenda the State of Washington and the Purchaser for any damages related to both: (1) the Contractor's unauthorized use of personal information and (2) the unauthorized use of personal information by unauthorized persons as a result of Contractor's failure to sufficiently protect against unauthorized use, disclosure, modification, or loss. Contractor shall maintain a log documenting the following: the Confidential Information received in the performance of this Contract; the purpose(s) for which the Confidential Information was received; who received, maintained and used the Confidential Information; and the final disposition of the Confidential Information. Contractor's records shall be subject to inspection, review or audit in accordance with Retention of Records. Purchaser reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. Immediately upon expiration or termination of this Contract, Contractor shall, at Purchaser's option: (i) certify to Purchaser that Contractor has destroyed all Confidential Information; or (ii) return all Confidential Information to Purchaser; or (iii) take whatever other steps Purchaser requires of Contractor to protect Purchaser's Confidential Information. 9 GENERAL PROVISIONS 9.1 GOVERNING LAW/VENUE This Contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.2 SEVERABILITY Severability: If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. 9.3 SURVIVORSHIP All transactions executed for Products and Services provided pursuant to the authority of this Contract shall be bound by all of the terms, conditions, Prices and Price discounts set forth herein, notwithstanding the expiration of the initial term of this Contract or any extension thereof. Further, the terms, conditions and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. in addition, the Agenda 1 Page 129 of 213 7-5 Consent Agenda terms of the sections titled Overpayments to Contractor; Ownership/Rights in Data; Contractor's Commitments, Warranties and Representations; Protection of Purchaser's Confidential Information; Section Headings, Incorporated Documents and Order of Precedence; Publicity; Retention of Records; Patent and Copyright Indemnification; Contractor's Proprietary Information; Disputes; and Limitation of Liability shall survive the termination of this Contract. 9.4 T�1i DEPENDENT STATUS OF CONTRACTOR In the performance of this Contract, the parties will be acting in their individual, corporate or governmental capacities and not as agents, employees, partners, joint venturers, or associates of one another. The parties intend that an independent contractor relationship will be created by this Contract. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Contractor shall not make any claim of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW, or Title 51 RCW. 9.5 GIFTS AND GRATUITIES Contractor shall comply with all state laws regarding gifts and gratuities, including but not limited to: RCW 43.19.1937, RCW 43.19.1939, RCW 42.52.150, RCW 42.52,160, and RCW 42.52.170 under which it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business or contract activities. Under RCW 43.19.1937 and the Ethics in Public Service Law, Chapter 42.52 RCW state officers and employees are prohibited from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services. 9.6 IMMUNITY AND HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries, death or damage to property arising out of or resulting from the performance of the contract. Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractors' agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor shall be required to indemnify, defend, and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of Contractor. Contractor waives its immunity under Title 51 to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. Agenda Page 130 of 213 7-5 Consent Agenda 9.7 PERSONAL LIABILITY It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement. 9.8 INSURANCE General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the Contract. Upon request, Contractor shall furnish evidence in the form of a certificate of insurance satisfactory to the State of Washington that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, will result in Contract cancellation. Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the state. Specific Requirements: Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The State of Washington will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this Contract. Commercial General Liability Insurance: The Contractor shall at all times during the term of this Contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this Contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants. The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor's premises/operations, independent Contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business Contract), and contain separation of insured's (cross liability) conditions. Agenda Page 131 of 213 7-5 Consent Agenda Contractor waives all rights against the State of Washington for the recovery of damages to the extent they are covered by general liability or umbrella insurance. The limits of liability insurance shall not be less than as follows: General Aggregate Limits (other than products -completed operations) Products -Completed Operations Aggregate Personal and Advertising Injury Aggregate Each Occurrence (applies to all of the above) Fire Damage Limit (per occurrence) Medical Expense Limit (any one person) $2,000,000 $2,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Business Auto Policy (BAP): In the event that services delivered pursuant to this Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, Subcontractor, or anyone employed by either. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non -Owned coverage. Contractor waives all rights against the State of Washington for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. Additional Insurance Provisions: All above insurance policies shall include, but not be limited to, the following provisions: Additional Insured: The State of Washington and all authorized Purchasers shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance. Notice of Policy(ies) Cancellation/Non-renewal: For insurers subject to Chapter 48.18 RCW (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the director of purchasing or designee forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this Contract. Written notice shall include the affected Contract reference number. Surplus Lines: Agenda Page 132 of 213 7-5 Consent Agenda For insurers subject to Chapter 48.15 RCW (Surplus Lines) a written notice shall be given to the director of purchasing or designee twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this Contract. Written notice shall include the affected Contract reference number. Cancellation for Non-payment to Premium: If cancellation on any policy is due to non-payment of premium, a written notice shall be given the director of purchasing or designee ten (10) calendar days prior to cancellation. Written notice shall include the affected Contract reference number. Identification: Policy(ies) and Certificates of Insurance shall include the affected Contract reference number. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best's Reports. Any exception must be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 WAC . Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. Limit Adjustments: The state reserves the right to increase or decrease limits as appropriate. 9.9 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Purchasing Activity may terminate this Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor. 9.10 NONDiSCRIMiNATION During the performance of this Contract, the Contractor shall comply with all applicable federal and state nondiscrimination laws, regulations and policies, including, but not limited to, Title VII of the Civil Rights Act, 42 U.S.C. section 12101 et. seq.; the Americans Agenda Page 133 of 213 7-5 Consent Agenda with Disabilities Act (ADA); and, Chapter 49.64 RCW, Discrimination — Human Rights Commission. 9.11 OSHA AND WISHA REQUIREMENTS Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, if manufactured or stored in the State of Washington, the Washington Industrial Safety and Health Act (WISHA) and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with said laws, standards and regulations. Contractor further agrees to indemnify and hold harmless Purchasing Activity and Purchaser from all damages assessed against Purchaser as a result of Contractor's failure to comply with those laws, standards and regulations, and for the failure of the items furnished under the Contract to so comply. 9.12 ANTITRUST The state maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the Purchaser. Therefore, the Contractor hereby assigns to the State of Washington any and all of the Contractor's claims for such price fixing or overcharges which arise under federal or state antitrust laws, relating to the materials, supplies, services and/or equipment purchased under this Contract. 9.13 WAIVER Failure or delay of the Purchasing Activity or Purchaser to insist upon the strict performance of any term or condition of the Contract or to exercise any right or remedy provided in the Contract or by law; or the Purchasing Activity's or Purchaser's acceptance of or payment for materials, supplies, services and/or equipment, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Purchasing Activity or Purchaser to insist upon the strict performance of the entire agreement by the Contractor. In the event of any claim for breach of Contract against the Contractor, no provision of this Contract shall be construed, expressly or by implication, as a waiver by the Purchasing Activity or Purchaser of any existing or future right and/or remedy available by law. 10 DISPUTES AND REMEDIES 10.1 PROBLEM RESOLUTION AND DISPUTES Problems arising out of the performance of this Contract shall be resolved in a timely manner at the lowest possible level with authority to resolve such problem. If a problem persists and cannot be resolved, it may be escalated within each organization. In the event a bona fide dispute concerning a question of fact arises between the Purchasing Activity or the Purchaser and Contractor and it cannot be resolved between the parties through the normal problem escalation processes, either party may initiate the dispute resolution procedure provided herein. The dispute shall be handled by a Dispute Resolution Panel in the following manner. Each party to this Contract shall Agenda 1 Page 134 of 213 7-5 Consent Agenda appoint one member to the Panel. These two appointed members shall jointly appoint an additional member. The Dispute Resolution Panel shall review the facts, Contract terms and applicable statutes and rules and make a determination of the dispute as quickly as reasonably possible. The determination of the Dispute Resolution Panel shall be final and binding on the parties hereto. Purchasing Activity and/or Purchaser and Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute. In the event a bona fide dispute concerning a question of fact arises between Purchasing Activity or the Purchaser and Contractor and it cannot be resolved between the parties through the normal escalation processes, either party may initiate the dispute resolution procedure provided herein. The initiating party shall reduce its description of the dispute to writing and deliver it to the responding party. The responding party shall respond in writing within three (3) Business Days. The initiating party shall have three (3) Business Days to review the response. If after this review a resolution cannot be reached, both parties shall have three (3) Business Days to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved after three (3) Business Days, a Dispute Resolution Panel may be requested in writing by either party who shall also identify the first panel member. Within three (3) Business Days of receipt of the request, the other party will designate a panel member. Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three (3) Business Days. The Dispute Resolution Panel will review the written descriptions of the dispute, gather additional information as needed, and render a decision on the dispute in the shortest practical time. Each party shall bear the cost for its panel member and share equally the cost of the third panel member. Both parties agree to be bound by the determination of the Dispute Resolution Panel. Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to using a Dispute Resolution Panel whenever possible. Purchasing Activity, the Purchaser and Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute. If the subject of the dispute is the amount due and payable by Purchaser for materials, supplies, services and/or equipment being provided by Contractor, Contractor shall continue providing materials, supplies, services and/or equipment pending resolution of the dispute provided Purchaser pays Contractor the amount Purchaser, in good faith, believes is due and payable, and places in escrow the difference between such amount and the amount Contractor, in good faith, believes is due and payable. Agenda Page 135 of 213 7-5 Consent Agenda 10.2 ADMINISTRATIVE SUSPENSION When it is in the best interest of the state, the Purchasing Activity may at any time, and without cause, suspend the Contract or any portion thereof for a period of not more than thirty (30) calendar days per event by written notice from the Contract Administrator to the Contractor's Representative. Contractor shall resume performance on the next business day following the 30th day of suspension unless an earlier resumption date is specified in the notice of suspension. If no resumption date was specified in the notice of suspension, the Contractor can be demanded and required to resume performance within the 30 day suspension period by the Contract Administrator providing the Contractor's Representative with written notice of such demand. 10.3 FORCE MAJEURE The term "force majeure" means an occurrence that causes a delay that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences. Exceptions: Except for payment of sums due, neither party shall be liable to the other or deemed in breach under this Contract if, and to the extent that, such party's performance of this Contract is prevented by reason of force majeure. Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided. So far as consistent with the Rights Reserved below, the time of completion shall be extended by Contract amendment for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Contract. Rights Reserved: The Purchasing Activity reserves the right to authorize an amendment to this Contract, terminate the Contract, and/or purchase materials, supplies, equipment and/or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the State. 10.4 ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS In the event that the parties engage in arbitration, mediation or any other alternative dispute resolution forum to resolve a dispute in lieu of litigation, both parties shall share equally in the cost of the alternative dispute resolution method, including cost of mediator or arbitrator. In addition, each party shall be responsible for its own attorneys' fees incurred as a result of the alternative dispute resolution method. 10.5 NON-EXCLUSIVE REMEDIES The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under law. Agenda Page 136 of 213 7-5 Consent Agenda 10.6 LIMITATION OF LIABILITY The parties agree that neither Contractor, Purchasing Activity nor Purchaser shall be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages except a claim related to bodily injury or death, or a claim or demand based on patent, copyright, or other intellectual property right infringement, in which case liability shall be as set forth elsewhere in this Contract. This section does not modify any sections regarding liquidated damages or any other conditions as are elsewhere agreed to herein between the parties. The damages specified in the sections titled Termination for Default and Retention of Records are not consequential, incidental, indirect, or special damages as that term is used in this section. Neither the Contractor, the Purchasing Activity nor Purchaser shall be liable for damages arising from causes beyond the reasonable control and without the fault or negligence of the Contractor, the Purchasing Activity or Purchaser. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of a governmental body other than the Purchasing Activity or the Purchaser acting in either its sovereign or contractual capacity, war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delays must be beyond the reasonable control and without fault or negligence of the Contractor, the Purchasing Activity or the Purchaser, or their respective Subcontractors. If delays are caused by a Subcontractor without its fault or negligence, Contractor shall not be liable for damages for such delays, unless the Services to be performed were obtainable on comparable terms from other sources in sufficient time to permit Contractor to meet its required performance schedule. Neither party shall be liable for personal injury to the other party or damage to the other party's property except personal injury or damage to property proximately caused by such party's respective fault or negligence. 10.7 FEDERAL FUNDS TG In the event that a federally funded acquisition results from this procurement, the contractor may be required to provide additional information (free of charge) at the request of the Purchasing Activity or purchaser: Further, the contractor may be subject to those federal requirements specific to the commodity. 10.8 FEDERAL RESTRICTIONS ON LOBBYING Contractor certifies that under the requirements of Lobbying Disclosure Act, 2 U.S.C., Section 1601 et seq., no Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Agenda Page 137 of 213 7-5 Consent Agenda amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 10.9 FEDERAL DEBARMENT AND SUSPENSION The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR. 29.105 (p) ) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 11 CONTRACT TERMINATION 11.1 MATERIAL BREACH A Contractor may be Terminated for Cause by the Purchasing Activity, at the sole discretion of the Contract Administrator, for failing to perform a contractual requirement or for a material breach of any term or condition. Material breach of a term or condition of the Contract may include but is not limited to: 1. Contractor failure to perform services or deliver materials, supplies, or equipment by the date required or by an alternate date as mutually agreed in a written amendment to the Contract; 2. Contractor failure to carry out any warranty or fails to perform or comply with any mandatory provision of the contract; 3. Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; 4. Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors that endangers the Contractor's proper performance hereunder; 5. Appointment of any receiver, trustee, or similar official for Contractor or any of the Contractors property and such appointment endangers the Contractor's proper performance hereunder; 6. A determination that the Contractor is in violation of federal, state, or local laws or regulations and that such determination renders the Contractor unable to perform any aspect of the Contract. 11.2 OPPORTUNITY TO CURE: In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the Purchasing Activity may issue a written cure notice. The Contractor may have a period of time in which to cure. The Purchasing Activity is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of the Purchasing Activity. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, Agenda Page 138 of 213 7-5 Consent Agenda or otherwise affects any other remedies available against Contractor under the Contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, the Purchasing Activity may do any one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this Contract and any related Contracts or portions thereof; 3. Procure replacements and impose damages as set forth elsewhere in this Contract; 4. Impose actual or liquidated damages; S. Suspend or bar Contractor from receiving future Solicitations or other opportunities; 6. Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the Contract. 11.3 TERIYIINATION FOR CAUSE In the event the Contract Administrator, in its sole discretion, determines that the Contractor has failed to comply with the conditions of this Contract in a timely manner or is in material breach, the Contract Administrator has the right to suspend or terminate this Contract, in part or in whole. The Contract Administrator shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) calendar days or as otherwise specified by the Contract Administrator, or if such corrective action is deemed by the Contract Administrator to be insufficient, the Contract may be terminated. The Contract Administrator reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged breach and pending corrective action by the Contractor or a decision by the Contract Administrator to terminate the Contract. In the event of termination, the Purchasing Activity shall have the right to procure for all Purchasers any replacement materials, supplies, services and/or equipment that are the subject of this Contract on the open market. In addition, the Contractor shall be liable for damages as authorized by law including, but not limited to, any price difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. If it is determined that: (1) the Contractor was not in material breach; or (2) failure to perform was outside of Contractor's or its Subcontractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". The rights and remedies of the Purchasing Activity and/or the Purchaser provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law. Agenda 1 Page 139 of 213 7-5 Consent Agenda 11.4 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, the Purchasing Activity, at the sole discretion of the Contract Administrator, may terminate this Contract, in whole or in part by giving thirty (30) calendar days or other appropriate time period written notice beginning on the second day after mailing to the Contractor. If this Contract is so terminated, Purchasers shall be liable only for payment required under this Contract for properly authorized services rendered, or materials, supplies and/or equipment delivered to and Accepted by the Purchaser prior to the effective date of Contract termination. Neither the Purchasing Activity nor the Purchaser shall have any other obligation whatsoever to the Contractor for such termination. This Termination for Convenience clause may be invoked by the Purchasing Activity when it is in the best interest of the State of Washington. 11.5 TERIVIINATION FOR WITHDRAWAL OF AUTHORITY In the event that the Purchasing Activity and/or Purchaser's authority to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, the Purchasing Activity may terminate this Contract, in whole or in part, by seven (7) calendar days or other appropriate time period written notice to Contractor. 11.6 TERIVILNATION FOR NON -ALLOCATION OF FUNDS If funds are not allocated to Purchaser(s) to continue this Contract in a,ny future period, Purchasing Activity may terminate this Contract by seven (7) calendar days or other appropriate time period written notice to Contractor or work with Contractor to arrive at a mutually acceptable resolution of the situation. Purchaser will not be obligated to pay any further charges for materials, supplies, services and/or equipment including the net remainder of agreed to consecutive periodic payments remaining unpaid beyond the end of the then -current period. Purchasing Activity and/or Purchaser agrees to notify contractor in writing of such non -allocation at the earliest possible time. No penalty shall accrue to the Purchaser in the event this section shall be exercised. This section shall not be construed to permit Purchasing Activity to terminate this Contract in order to acquire similar materials, supplies, services and/or equipment from a third party. 11.7 TERMINATION FOR CONFLICT OF INTEREST Purchasing Activity may terminate this Contract by written notice to Contractor if it is determined, after due notice and examination, that any party to this Contract has violated Chapter 42.52 RCW , Ethics in Public Service, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, the Purchasing Activity and /or Purchaser shall be entitled to pursue the same remedies against Contractor as it could pursue in the event that the Contractor breaches this Contract. Agenda Page 140 of 213 7-5 Consent Agenda 11.8 TERMINATION BY M JTUAL AGREENIENT The Purchasing Activity and the Contractor may terminate this Contract in whole or in part, at any time, by mutual agreement. 11.9 TERMINATION PROCEDURE In addition to the procedures set forth below, if the Purchasing Activity terminates this Contract, Contractor shall follow any procedures the Contract Administrator specifies in the termination notice. Upon termination of this Contract and in addition to any other rights provided in this Contract, Contract Administrator may require the Contractor to deliver to the Purchaser any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. • The Purchaser shall pay to the Contractor the agreed upon price, if separately stated, for completed work and service(s) Accepted by the Purchaser, and the amount agreed upon by the Contractor and the Purchaser for (i) completed materials, supplies, services rendered and/or equipment for which no separate price is stated, (ii) partially completed materials, supplies, services rendered and/or equipment, (iii) other materials, supplies, services rendered and/or equipment which are Accepted by the Purchaser, and (iv) the protection and preservation of property, unless the termination is for cause, in which case the Purchasing Activity and the Purchaser shall determine the extent of the liability of the Purchaser. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The Purchaser may withhold from any amounts due the Contractor such sum as the Contract Administrator and Purchaser determine to be necessary to protect the Purchaser against potential loss or liability. The rights and remedies of the Purchasing Activity and/or the Purchaser provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a termination notice, and except as otherwise expressly directed in writing by the Contract Administrator, the Contractor shall: 1. Stop all work, order fulfillment, shipments, and deliveries under the Contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to the Contract except as is necessary to complete or fulfill such portion of the Contract that is not terminated; 3. Complete or fulfill such portion of the Contract that is not terminated in compliance with all contractual requirements; 4. Assign to the Purchaser, in the manner, at the times, and to the extent directed by the Contract Administrator on behalf of the Purchaser, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in Agenda Page 141 of 213 7-5 Consent Agenda which case the Purchaser has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contract Administrator and/or the Purchaser to the extent Contract Administrator and/or the Purchaser may require, which approval or ratification shall be final for all the purposes of this clause; 6. Transfer title to the Purchaser and deliver in the manner, at the times, and to the extent directed by the Contract Administrator on behalf of the Purchaser any property which, if the contract had been completed, would have been required to be furnished to the Purchaser; 7, Take such action as may be necessary, or as the Contract Administrator and/or the Purchaser may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Purchasing Activity and/or the Purchaser has or may acquire an interest. 12 CONTRACT EXECUTION 12.1 PARTIES This Contract ("Contract") is entered into by and between the state of Washington, acting by and through the Department of General Administration, Office of State Procurement, an agency of Washington State government ("Purchasing Activity" or "State") located at 1500 Jefferson St SE, Olympia, WA 98501, and [Contractor] a [corporation/sole proprietor or other business form] licensed to conduct business in the state of Washington ("Contractor"), located at [Contractor address] for the purpose of providing Police Radar, Lidar Parts and Accessories. 12.2 ENTIRE AGREEMENT This Contract document and all subsequently issued amendments comprise the entire agreement between the Purchasing Activity and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract. This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and except as provided in the section titled Contractor Commitments, Warranties and Representations, understandings, agreements, representations, or warranties not contained in this Contract or a written amendment hereto shall not be binding on either party. Except as provided herein, no alteration of any of the terms, conditions, delivery, Price, quality, or Specifications of this Contract will be effective without the written consent of both parties. 123 ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT AND CONFORMITY Incorporated Documents; Agenda Page 142 of 213 7-5 Consent Agenda Each of the documents listed below is, by this reference, incorporated into this Contract as though fully set forth herein. 1. The Purchasing Activity's Solicitation document 01611 with all attachments and appendices, and all amendments thereto 2. Contractor's response to the Solicitation 01611 dated [date]; 3. Award Letter. The terms and conditions contained on Purchaser's Order Documents, if used; and All Contractor or manufacturer publications, written materials and schedules, charts, diagrams, tables, descriptions, other written representations and any other supporting materials Contractor made available to Purchaser and used to affect the sale of the Product to the Purchaser. Order of Precedence In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State of Washington statutes and regulations 2. Mutually agreed written amendments to this Contract 3. This Contract, Number 01611 4. The Purchasing Activity's Solicitation document with all attachments and appendices, and all amendments thereto 5. Contractor's response to the Solicitation 6. Any other provision, term, or materials incorporated into the Contract by reference. Conflict: To the extent possible, the terms of this Contract shall be read consistently. Conformity: if any provision of this Contract violates any Federal or State of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law. 12.4 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law ]except notice of malfunctioning Equipment) shall be effective only if it is in writing and signed by the applicable party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in this section. For purposes of complying with any provision in this Contract or applicable law that requires a "writing," such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be "in writing" or "written" to an extent no less than if it were in paper form. Agenda Page 143 of 213 7-5 Consent Agenda To Contractor at: To Purchasing Activity at: [Contractor] State of Washington Department of General Administration Office of State Procurement Attn: [Contractor's Representative] Attn: Chief Procurement Officer [Contractor address] 1500 Jefferson Street SE Olympia, WA 98501 Phone: Phone: 360-902-7317 Fax: Fax: 360-586-2426 E-mail: E-mail: Steve jenkins cr,ga.wa.gov Notices shall be effective upon receipt or four (4) Business Days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above. In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to this Contract is served upon Contractor or Purchasing Activity, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and Purchasing Activity further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party. 12.5 LIENS, CLAIMS AND ENCUMBRANCES All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if the Purchasing Activity or the Purchaser requests, a formal release of same shall be delivered to the respective requestor. 12.6 AUTHORITY TO BEND The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract. 12.7 COUNTERPARTS This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes. Agenda Page 144 of 213 7-5 Consent Agenda SIGNAIT RES In Witness Whereof, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. This Contract is effective this 3) s -day of CX4f--)Z672 , 2011. 1 __ _ Unproved 2 State of Washington Department of General Administration Office of State Procurement c? y nfiypa i r ra4g_. _. �9 tg� -- �°o"""'� ff s ! 10/ 3:1, ! I tt� � Office-ofStateProcurement Unit Manager Approval E ' iVt . c.APEes, tv\INNie rr.. c . 10l�1t - Approved r j Conlracfod T /.? __ Jack Back Sales Administration Manager t Agenda Page 145 of 213 7-5 Consent Agenda Agenda Summary Moab City Council February 14, 2017 PL-17-28 Agenda item #: 8-1 Title: Consideration to Adopt Resolution #03-2017, Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Mike Bynum, Mike Hogan Background/Summary: The City originally received this application in April 2015. On September 24, 2015, the Planning Commission conditionally approved the site plan and the parking exception for this housing project. Resolution #09-2015 established three conditions for the approval of the site plan. Those included: 1. A traffic study shall be submitted and approved prior to issuance of a building permit; 2. A conditional use permit for housing on the ground floor shall be approved by the City Council; 3. A new site plan showing the adjusted parking of 1 space for each single bedroom and studio unit and 1.5 spaces (54 additional spaces) for all other units shall be submitted for review by the Planning Commission The traffic study was submitted with the amended site plan. On November 10, 2016, the amended site plan was reviewed by the Planning Commission. The plan showed the changes to the parking with the granted exception to off-street spaces, and the required increase in additional spaces for the multi -room units. Planning Resolution #17-2016 recommended that Council approve the conditional use permit with the conditions: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side parking area will be adjusted to be part of the development parcel. The attached site plan is an updated version with the additional parking spaces to be included on the site. Staff has reviewed the space count and determined that the requirement for the additional number of parking spaces has been satisfied. In addition, the buildings located along the northern property boundary have been relocated to the south to create an open space of up to forty feet in that area as a buffer to the adjacent properties. The site plan was approved by the Planning Commission in accordance with Chapter 17.09.660-17.09.665. Agenda Page 146 of 213 8-1 Old Business 2 The final step for this project is the Conditional Use Permit (CUP). Dwellings and apartment houses require conditional use approval as noted in MMC Chapter 17.27.020, Use regulations, (27). Recommendation of approval of the CUP to City Council was made contingent upon the Planning Commission receiving the amended site plan that was provided by the applicant. On November 22, 2016, the Council had their first look at the project and established a public hearing date for January 10, 2017. The application was tabled until February 14, 2017, so Council could have time to review the applicable code sections and submittals. In addition to the parking spaces, the site plan shows that the buildings have been relocated on the property. They have been moved to the south and into the property to provide a twenty-five to forty foot separation from the northern property line. The review standards are described in Chapter 17.09.530, Conditional uses. Resolution #03-2017 contains the findings of the Planning Commission to consider in approving the Conditional Use Application. Process Moab Municipal Code (MMC) Section 17.27.020 (27) states "Dwellings and apartment houses require conditional use approval as described in Chapter 17.09.530, Conditional uses. MMC Section 17.09.530 is attached for your convenience. Staff Recommendation: Staff recommends that the City Council adopt Resolution #03-2017 to approve the conditional use permit for dwellings on the ground floor with the conditions listed below: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side parking area will be adjusted to be part of the development parcel. Recommended Motion: I move to adopt Resolution #03-2017 to approve the conditional use permit for dwellings on the ground floor with the following conditions: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side of the parking area will be adjusted to be part of the development parcel. Attachment(s): Applicant's Narrative Amended Plan Deed Restriction Proposal Building Elevations Aerial Draft Council Resolution #03-2017 Agenda Page 147 of 213 8-1 Old Business 3 Addendum of Code Chapters BZRI7 -/4"Ark‘.. Business Re. it Ilc January 23, 2017 bti Jeff, Attached is the latest rendition of the apartment layout for Millcreek. We were able to make some moves with parking and buildings to increase the setbacks. This allowed us to move two of the buildings to 25' from the property lines and two others to 40' from the property lines. In addition, at the request of neighbors, we will be monitoring parking with permits for the residents of the apartments. Please let me know what, if any, other documentation is needed to reflect these changes. I assume you would also like a document to memorialize our commitment to two deed -restricted A.M.I. buildings, one in each phase. Please let me know if there is anything else you need trom me. Thank you for your help and assistance. Mike Bynum cc: Amy Weiser 7000 Walkabout Ranch Rd., Moab, OF 84532 Phone: 303-419-• 1192 Fax: 303-557-6236 Agenda Page 148 of 213 8-1 Old Business d' O-1Old Business Page 149 of 213 5 Bz REZ Business Re,miutions 11c January 6, 2017 City of Moab 217 E. Center Street Moab, UT 84532 Dear City Staff, This letter demonstrates Millcreek Development, LLC's commitment to place a ten-year deed restriction on one building per each phase of its project, in order to control rent based on 80% - 100% AMI. Furthermore, Millcreek will work with the City in any capacity to legalize this agreement. Sincerely, Millcreek Development, L By; Mike Bynum, Managing Member Millcreek"Development, LLC By: Shik Han, Managing Member 7000 Walkabout Ranch Rd., Moab, UT 84532 Agenda Page 150 of 213 8-1 Old Business 6 .0).1 A22022.020 SLI DING ELEVAnONS- EMAIL A3.3.1 Agenda Page 151 of 213 8-1 Old Business 7 Mil! Creek Drive & US 191 0 100 200 1 inch = 200 feet 400 Feet Agenda Page 152 of 213 8-1 Old Business 8 (DRAFT) CITY OF MOAB RESOLUTION #03-2017 A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A MULTI -FAMILY DEVELOPMENT WITH DWELLINGS ON THE GROUND FLOOR IN THE C-4 (GENERAL COMMERCIAL ZONE) ON PROPERTY LOCATED AT 1780 EAST MILL CREEK DRIVE WHEREAS, Mr. Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W, Centerville, Utah 84014, as the "Owner" of record of a 6.56 acre parcel of land located in the C-4 (General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, has applied for the approval of a Site Plan to construct multi -family rental dwellings on the described property; and WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City approval of apartments and dwellings in accordance with MMC 17.09.530, Conditional use permits; and WHEREAS, Owner is proposing to construct work force housing rental units and the associated parking and open space on the property described above; and WHEREAS, Owner is proposing to construct sufficient parking to include one (1) space per single bedroom and studio units and one and one half (1.5) spaces for all additional units, for a total of 234 parking spaces to be used by the residents of the development as allowed under an approved parking exception as permitted in MMC 17.09.220 Q; and WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the site plan as required by MMC Sections 17.09.530; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the site plan during a public hearing in a regularly scheduled meeting on September 24, 2015, to hear evidence of compliance with the requirements of the pertinent code provisions; and WHEREAS, at said meeting, the Commission tabled the action of adoption of Resolution #09-2015 until a revised site plan was submitted that showed the amended parking plan with "54 additional spaces"; and WHEREAS, on November 10, 2016, in a regularly scheduled meeting, the Commission reviewed the plan and Resolution #17-2016 to conditionally recommend the conditional use permit for dwellings on the ground floor to the City Council; and WHEREAS, the Commission, having discussed the pertinent aspects of the development and considered the Staff recommendation, found that the proposed use satisfies the requirements established in MMC Chapter 17.09.530, Conditional use permits, and has met the requirements of Title 17.09.531, Conditions for approval of specific conditional uses, as follows: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. 2. The proposed use has incorporated design features sufficient to protect adjacent uses. 3. The proposed use is not detrimental to the public, health, safety and welfare. 4. Adequate public services are available without reduction of services to other uses. Agenda Page 153 of 213 8-1 Old Business 9 5. Proper maintenance of the site shall be provided. 6. The conditional use shall conform to all regulations of this code. 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. 8. The applicant has demonstrated that site impacts within the property as well as adjoining properties have been reasonably mitigated appropriate to the topography of the site. 9. The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for approval of specific conditional uses. WHEREAS, the Moab City Council held a public hearing in accordance with MMC 17.09.530 on January 10, 2017, to review the conditional use permit for dwellings on the ground floor and discuss the pertinent aspects of the development for compliance with MMC Chapter 17.09.531, and agreed with the Planning Commission and found that the proposed use satisfies the requirements established in the Moab Municipal Code. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #03-2017 conditionally approves the application for dwellings on the ground floor to be located at approximately 1780 East Mill Creek Drive in the C-4 Zone with the following conditions: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side parking area will be adjusted to be part of the development parcel. ADOPTED AND APPROVED by action of the Moab City Council in open session this 14th day of February, 2017. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 154 of 213 8-1 Old Business 10 Addendum: 17.09.530 Conditional use permits. A. General. "Conditional use" means a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested. F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection (H) of this section. 1. Public Hearing Required. The planning commission shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. The notification requirements shall be followed as listed in subsection (G) of this section. 2. The criteria listed in subsection (H) of this section shall be used to evaluate the proposal. 3. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The city council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The city recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. In accordance with state law, the applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. Agenda Page 155 of 213 8-1 Old Business 11 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab planning department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030. 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record Agenda Page 156 of 213 8-1 Old Business 12 pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 2016-02 (part), 2016; Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject to the following requirements: A. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four feet. B. All principal residential structures shall: 1. Be placed on a slab -on -grade or perimeter foundation as approved by the building department; 2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; 3. Have a minimum 4:12 roof pitch and a one foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); 4. Allowed accessory structures shall not exceed twenty-five percent of the rear yard; 5. Buffering is required in accordance with other provisions of this chapter; 6. Minimum Setbacks for Residential Structures in the C-4 Zone. Minimum Setbacks for Residential Structures in the C-4 Zone Front yard 30 feet Side yard 15 feet Rear yard 20 feet Agenda Page 157 of 213 8-1 Old Business ��~ k T Y ( ) ��. l E N M O A B . _ r i . 5 r . i . ��. 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T h e s o u t h e r n m o s t l o t i s p r e s e n t l y d e v e l o p e d w i t h a s i n g l e f a m i l y h o m e a n d t h e r e a r e t w o m a n u f a c t u r e d h o m e s l o c a t e d o n t h e l a r g e s t l o t . T h e s e t w o m a n u f a c t u r e d d w e l l i n g s a r e a v e s t i g e o f a m i n i n g b o o m t r a i l e r p a r k t h a t e x i s t e d f r o m s o m e t i m e i n t h e e a r l y 1 9 5 0 ' s u n t i l t h e l a t e 1 9 7 0 ' s . I n i t i a l l y , 4 0 0 E a s t w a s t h e p r e v i o u s a l i g n m e n t o f H i g h w a y 1 9 1 . T h e p r o p e r t y h a s b e e n z o n e d a n d r e z o n e d f i r s t b y t h e c o u n t y , a n d t h e n t h e c i t y a s d e v e l o p m e n t t r e n d s c h a n g e d a n d t h e h i g h w a y w a s r e a l i g n e d t o t h e M a i n S t r e e t l o c a t i o n . T h e p u r p o s e o f t h e R - 2 , S i n g l e - f a m i l y a n d T w o - f a m i l y R e s i d e n t i a l Z o n e , i s " . . . t o p r o v i d e a r e s i d e n t i a l e n v i r o n m e n t w i t h i n t h e c i t y w h i c h i s c h a r a c t e r i z e d b y s m a l l e r l o t s a n d s o m e w h a t d e n s e r r e s i d e n t i a l e n v i r o n m e n t t h a n i s c h a r a c t e r i s t i c o f t h e R - 1 r e s i d e n t i a l z o n e . " ( M M C 1 7 . 4 5 . 0 1 0 ) T h e i n t e n t o f t h e R - 3 , M u l t i f a m i l y R e s i d e n t i a l Z o n e , i s " . . . t o p r o v i d e a p p r o p r i a t e l o c a t i o n s w i t h i n t h e c i t y f o r h i g h d e n s i t y r e s i d e n t i a l d e v e l o p m e n t . A c o m p a r i s o n o f t h e R - 2 a n d R - 3 a r e i n c l u d e d i n t h e t e c h n i c a l r e v i e w . A s p e r M M C S e c t i o n , 1 7 . 0 4 . 0 1 0 , I n i t i a t i o n o f z o n i n g c h a n g e , " A n y p e r s o n h a v i n g a p r o p r i e t a r y i n t e r e s t i n a n y r e a l p r o p e r t y m a y s u b m i t a n a p p l i c a t i o n f o r a z o n i n g m a p a m e n d m e n t o r a z o n i n g t e x t a m e n d m e n t , o r t h e p l a n n i n g c o m m i s s i o n c a n , o n i t s o w n m o t i o n o r o n r e q u e s t f r o m t h e c i t y c o u n c i l , p r o p o s e , s t u d y , a n d r e c o m m e n d c h a n g e s t o t h e o f f i c i a l z o n i n g m a p o r t h e t e x t o f t h e L a n d U s e C o d e . " T h e r e v i e w r e q u i r e m e n t s f o r a p p l i c a t i o n s t o r e z o n e p r o p e r t i e s a r e i n M o a b M u n i c i p a l C o d e ( M M C ) s e c t i o n 1 7 . 0 4 . 0 2 0 , Z o n i n g t e x t a m e n d m e n t s ( a t t a c h e d ) . l A g e n d a P a g e 1 5 8 o f 2 1 3 8 - 2 O l d B u s i n e s s A review of the criteria for an application to rezone is also located in the Technical Review. The Planning Commission reviewed the application in a duly advertised public hearing held on January 26, 2017. The Commission considered the comments from those in attendance. There were very few comments addressing the appropriateness of the requested zone change but many comments about a concept development plan that was generated and distributed by the applicant. Subsequent to the hearing the Commission voted 3-2 to favorably recommend the rezone application to City Council. Commissioners Brown and Hoskisson voting against. Commissioner Hoskisson stated that he would like more time to think about and review the application. The approved Planning Commission minutes for the January 26 meeting are attached for your convenience and review. Options: The Council can: 1. Adopt Ordinance #2017-07 and approve the rezoning of 61 and 71 South 400 East from R-2 zoning to R-3 and amend the Official Zoning Map; 2. Vote to not adopt Ordinance #2017-07 and state their reasons; 3. Table the vote until a later date to request additional information Staff Recommendation: Staff agrees with the Planning Commission and recommends that City Council adopt Ordinance #2017-07 that approves the rezoning of the Blackburn property from R-2, Single-family and Two-family Residential Zone, to R-3, Multi family Residential Zone, and amend the Official Zoning Map. Recommended Motion: I move to adopt Ordinance #2017-07 approving the rezoning of the Blackburn property from R-2 to R-3 and direct staff to amend the Official Zoning Map. Attachment(s): Technical Review Draft Ordinance #2o17-o7 Aerials Approved 1/26/2o17 PC minutes Received Comment Letters Agenda Page 159 of 213 8-2 Old Business E S 89'15YE 54.5' 00 01_04oun DAV1D J[ GILBERT CKBURN 4641 80.0. MICHCi EBLACKBLIRN x 014 160ff J. mICHELE BLACKBURN ' LISA MARLENE BLACKBURN GUY GILBERT BLACKBURN 01-006-0017 96.0' v 0 is rri co CO 96.0' 01.00G001H ieR UL� cli5 w� sD L 1--- WEST c a LOT 1 .. 01-DUN-01 a 118.5' 96.0' 92.5' E 114 CORNER SIEC 1, T265, R21E, SLB&M '117382.20 59752.45 Page 160 of 213 8-2 Old Business ORDINANCE #2017-07 AN ORDINANCE AMENDING THE ZONING FOR THREE PARCELS LOCATED AT 61 AND 71 SOUTH 400 EAST IN THE R-2, SINGLE- AND TWO- FAMILY RESIDENTIAL ZONE, TO R-3 MULTI -FAMILY RESIDENTIAL ZONE AND AMENDING THE OFFICIAL ZONING MAP WHEREAS, the Blackburn Family (G. Gilbert, Lisa M., J. Michelle Blackburn), at P.O. Box 152, Moab, Utah 84532, as the "Owner" of Record, has applied to rezone property located at 61 and 71 S. 400 East, Moab, Utah, and more particularly described as follows: Three parcels, for a total of 1.81 acres, are involved in the zoning map amendment and are more accurately described below: Parcel: 01-0006-0017 BEG AT A POINT WHICH BEARS N 16.5 FT FROM W1/4 CORNER SECTION 6 T26S R22E SLB&M AND PROCEED NORTH 368.5 FT; S 89°55'E 54.5 FT; E 160 FT; S 134.4 FT; W 96 FT; S 185.6 FT TO POINT OF BEGGINNING (TOTAL 1.22 AC.) Parcel: 01-0006-0018 BEG AT A CORNER WHICH BEARS NORTH 16.5 FT AND E 118.5 FT FROM W '/a CORNER SECTION 6 T25S R22S SLB&M AND PROCEED N 185.6 FT; E 96 FT; S 185.6 FT; WITH N R/W ROSETREE LANE W 96 FT TO POINT OF BEGINNING (TOTAL .41 AC) Parcel: 01-0006-0020 BEG 416.5 FT N & 54.5 FEET E OF THE SW CORNER LOT 5 SECTION 6 T26S R22E SLM & RUNNING THUS S 80 FT; E 80FT; N 80 FT; W 80 FT TO POB LESS BEBINNING AT A POINT ON THE C/L OF CATALPA LANE WHICH BEARS S 89° 47'E A DISTANCE OF 46 FT FROM THE STREET C/L MONUMENT AT THE INTERSECTION OF 400 E AND CATALPA LN (N 403 FT AND 5.8 FT W OF THE W1/4 CORNER SECTION 6 T26S R22E SLM) PROCEEDING THENCE N 0°12'E15 FT; S 89° 39'E 489 FT; S 0°13'W 31 FT; M 89°55'W 32 FT; S 33°35'W19.6 FT; N 63°55'W 30 FT; N 89°55'W412 FT; N 0°13'E 18 FT TO POINT OF BEGINNING (TOTAL .18 AC MORE OR LESS) WHEREAS, Applicant wishes to amend the zoning of the 1.81-acres from the R-2, Single- and two-family Residential Zone, to R-3, Multi -family Residential Zone; and WHEREAS, Applicant is requesting a change in zoning for the property to develop multi -family residential uses as allowed in the proposed zone in Moab Municipal Code 17.48.020; and WHEREAS, the Planning Commission ("Commission") held a duly advertised public hearing on January 26, 2017, to receive comment and determine the appropriateness of the proposed Map Amendment; and WHEREAS, the Commission reviewed the Use Regulations of the R-2 and R-3 zones and discussed the suitability of the application of the R-3 Zone to the subject property to allow multi -family development in accordance with Code Section 17.04.060, Map amendment approval criteria, and in a 3-2 vote favorably recommends the application to Council for approval; and WHEREAS, the City Council ("Council") reviewed the application in a public meeting on February 28, 2017, to review the Planning Commission and staff recommendations and determine the appropriateness of the proposed Map Amendment; and Agenda Page 161 of 213 8-2 Old Business WHEREAS, the City Council found that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The proposed zoning classification for residential use is compatible with the majority of surrounding uses and impacts to the existing development can be mitigated, B. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, C. The surrounding residential uses will be buffered from other residential development on the subject property and D. The application conforms to the provisions of the Moab General Plan. WHEREAS, the requested zone change is supported by the General Plan to: A. Meet the housing element of the General Plan in terms of quality, and quantity and the goal of meeting "the needs of current residents", B. "Encourage a mixed variety of housing types" that includes employee housing provided by the business or agency, C. Meets the vision of "Separate and buffer conflicting land uses, especially where commercial abuts residential', D. "Encourage in -fill development..." WHEREAS, the Commission in a 3-2 vote favorably recommends the zone change to the Moab City Council ("Council"); WHEREAS, Council, in a public meeting held on February 28, 2017 agreed with the Commission, and in a _-_ vote found that the request complies with the criteria in Chapter 17.04 and determined that the change in zoning was in agreement with the Moab Municipal Code and the General Plan. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this Ordinance, the rezoning request for 61 and 71 South 400 East as submitted by the Blackburn Family, is hereby approved and Council directs staff to amend the Official Zoning Map for the City of Moab. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2017. Attest: Rachel Stenta City Recorder City of Moab Mayor David L. Sakrison Agenda Page 162 of 213 8-2 Old Business ssau!sn8 PIO Z-8 CATALPA LANE (CENTER ST.) LOT 3 Exist! g Abend ed Reside e i Existing gravel drive i I I Existing Site & Lot Plan i LOT 1 Existing Mobile Home � 1 400 EAST i IExisting Mobile Home I 3 F -11 LOT 2 Existing Garage Existing gravel drve 111111OR Existing Accessory Residence Existing Primary Residence January 4, 2017 W z g W W cc to 0 cc Page 163 of 213 epua6d A i Blackburn Parcels • s x N;bili• • ++4.. -ter � •� 4 r_ 0 50 100 Page 164 of 11;3 1 inch = 100 feet 200 Feet r _ 8-2 Old Business Blackburn Parcels 0 15 30 60 Page 165 c�Feet 1 inch = 40 feet 8-2 Old Business City of Moab Planning Department Interoffice Correspondence PL-17-15 TECHNICAL REVIEW MEMORANDUM Request to Rezone Property Located at 61 and 71 South 400 East Street For Presentation: January 26, 2017 Meeting of the Moab Planning Commission Date Prepared: January 19, 2017 Prepared By: Jeff Reinhart, Planning Dir. Subdivision: N/A Name and Address of the Owner(s) of Record: Blackburn Family (G. Gilbert, Lisa M., J. Michelle Blackburn) P.O. Box 152 Moab, Utah 84532 Name and Address of Representatives: N/A Summary of Significant Issues 1. It must be determined if the land to be rezoned, was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. 2. The applicant must show that the area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. It must be considered whether or not the proposed map amendment is necessary to provide land for a use which was not anticipated at the time of the adoption of the Moab General Plan, and if the change is consistent with the policies and goals of the plan. 4. The City must determine if the application to rezone is compatible with the surrounding zoning and if adequate measures are proposed to mitigate any readily identifiable impacts. 5. The City must determine if the proposed uses agree with the surrounding uses and aspects of the General Plan. Base Information Size and Location: The property is approximately 1.81 acres or 79,043 square feet in size and located on the east side of 400 East Street between Catalpa Lane (East Center Street) on the north and three hundred and sixty Agenda Page 166 of 213 8-2 Old Business nine (369) feet south, to Rosetree Lane. The property extends east from 400 East Street about two - hundred and fifteen (215) feet toward the east. Surrounding land uses include single-family residential uses to the north, east, northeast, south and southwest. Directly across 400 East is Cedar Breaks Condos. Legal Description for the parcels: Three parcels, for a total of 1.81 acres, are involved in the zoning map amendment as described below: Parcel: 01-0006-0017 BEG AT A POINT WHICH BEARS N 16.5 FT FROM W1/4 CORNER SECTION 6 T26S R22E SLB&M AND PROCEED NORTH 368.5 FT; S 89°55'E 54.5 FT; E 160 FT; S 134.4 FT; W 96 FT; S 185.6 FT TO POINT OF BEGGINNING (TOTAL 1.22 AC.) Parcel: 01-0006-0018 BEG AT A CORNER WHICH BEARS NORTH 16.5 FT AND E 118.5 FT FROM W 1/4 CORNER SECTION 6 T25S R22S SLB&M AND PROCEED N 185.6 FT; E 96 FT; S 185.6 FT; WITH N R/W ROSETREE LANE W 96 FT TO POINT OF BEGINNING (TOTAL .41 AC) Parcel: 01-0006-0020 BEG 416.5 FT N & 54.5 FEET E OF THE SW CORNER LOT 5 SECTION 6 T26S R22E SLM & RUNNING THUS S 80 FT; E 80FT; N 80 FT; W 80 FT TO POB LESS BEBINNING AT A POINT ON THE C/L OF CATALPA LANE WHICH BEARS S 89° 47'E A DISTANCE OF 46 FT FROM THE STREET C/L MONUMENT AT THE INTERSECTION OF 400 E AND CATALPA LN (N 403 FT AND 5.8 FT W OF THE W1/4 CORNER SECTION 6 T26S R22E SLM) PROCEEDING THENCE N 0°12'E15 FT; S 89° 39'E 489 FT; S 0°13'W 31 FT; M 89°55'W 32 FT; S 33°35'W19.6 FT; N 63°55'W 30 FT; N 89°55'W412 FT; N 0°13'E 18 FT TO POINT OF BEGINNING (TOTAL .18 AC MORE OR LESS) Present Uses and Zoning/Proposed Uses: The property is developed with three single family homes: one site -built and two factory manufactured homes. There is an older small garage or shed structure toward the northern edge of the property fronting Catalpa Lane The applicant is proposing to rezone the property to R-3, Multi family Residential Zone, and develop the land with additional new housing. A full list of use types for the R-2 and R-3 zones is located below. Review of Submittal Requirements The applicant has submitted the required documents as established in 17.04.040, Application for zoning map amendment or text amendment, and listed below: 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; Agenda Page 167 of 213 8-2 Old Business 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 9. A narrative describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. Compliance with Review Criteria The Planning Commission and City Council is required to consider the criteria in Moab Municipal Code (MMC) section 17.04.050 Map amendment policy declaration, when reviewing a zoning map amendment. The declaration follows: "Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's General Plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008) MMC 17.04.060, Map amendment approval criteria, contains the elements that the commission and council shall consider in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? The applicant is not claiming that there was any error in zoning. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Continued current growth trends have increased pressure on the lack of housing in the community. Rezoning the parcel will allow a potential for more housing development on an underdeveloped parcel. C. Is there a need for the proposed zoning within the area or community? Agenda Page 168 of 213 8-2 Old Business As noted above, there has been an increased demand for housing and there are many parcels zoned for the use. However, these parcels remain underdeveloped with single homes perpetuating the lack of housing. There is a need for willing property owners to do more in an effort to address the housing issue. R-2 MMC 17.45.020 R-3 MMC 17.40.020 One -family dwellings One -family dwellings Two-family dwellings Two-family dwellings Apartment houses and other multiple dwellings Court apartments Boarding and rooming houses Accessory buildings and structures Accessory buildings and structures Secondary dwelling units as per Chapter 17.69. Secondary dwelling units as per Chapter 17.69. Planned unit developments 17.66 Planned unit developments 17.66 Customary household pets Customary household pets Public schools Public schools Public libraries Public libraries Public parks/playgrounds Public parks/playgrounds Recreation buildings Recreation buildings Churches Churches Agriculture Agriculture Temporary construction buildings/yards Temporary construction buildings/yards Home occupations Home occupations Child day care centers Child day care centers Foster family care homes Foster family care homes Other public facilities Clubs and lodges (nonprofit) D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? The proposed change in zoning is compatible with the existing surrounding uses and will provide a much needed transition to the residential uses. Any impacts will be identified and evaluated during the site plan review process. E. Will benefits be derived by the community or area by granting the proposed zoning? The benefits to the community are described in the submitted narrative and in section C, above. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? All utilities are available for the proposed uses on this property. G. Does the application conform to the provisions of the Moab General Plan, the Land Use Code...? The application has met the submittal requirements of MMC Title 17, Zoning. The applicant has also presented a narrative that addresses the requirement of applying the General Plan to the application and supports the zone amendment with specific sections of the Plan. Zone Comparison R-2/R-3 Comparison of Uses Agenda Page 169 of 213 8-2 Old Business MOAB PUEBLO ZONE CHANGE REQUEST (R-2 to R-3) PREFACE: This is the first owner -requested Zone variance in over 100 years of family -held land ownership. There were no government -applied Zones over the first 50 years, however, since 1954, City and County officials have applied and changed the Zone designation, depending on the prevailing vision of the community. Historians will recall this land once fronted the State Highway (Main Street). Later, when our existing bridge systems were constructed, the highway was realigned, to where it is today. In its early history, the acreage was primarily agricultural (including a residence), with a fruit orchard of apple and apricot trees. Later, during the mining boom, it became "Robertson's Trailer Court," to provide workers affordable housing. Then, in the late 1980s, the City `outlawed" trailers, and the Zone was changed from Trailer Court to R-2. In 2013, the County Assessor attempted to change the Zone back to Trailer Court, in order to justify higher property taxes. That action was successfully appealed, with the help of the City Zoning department, and the Zone was restored to R-2. Today, our family and the community are requesting this property be Zoned R-3, so we can, once again, provide affordable housing for working-class residents. PROJECT DESCRIPTION: The project -- herein referred to as "Moab Pueblo" - is a multi -partner collaboration between the Blackburn Family and Community Rebuilds with the aim to create a small scale, affordable multi- family apartment complex. In order to accommodate density exceeding maximum two-family dwellings (duplexes), a zone change from R-2 to R-3 is required. There are no anticipated impacts requiring mitigation. The proposed re -zoning is compatible with surrounding uses. All residential parcels West of the subject parcels are zoned R-3. The Blackburn Family (Lisa, Gilbert and Michele) collectively owns the property (3 parcels), which has been held by the family for over 100 years. The family, having experience managing rental property in Moab, plans to manage this development once built. The family does not wish to sell the property to a developer or subdivide the property into lots for sale. Community Rebuilds is a non-profit organization with a mission to build energy -efficient housing, provide education on sustainability, and improve the housing conditions of the workforce through an affordable program. To date, Community Rebuilds has built 17 single-family homes for low-income families in Moab and educated over 135 students in Moab on green construction building practices. Community Rebuilds is participating in a Capacity Building Collaborative with the Rural Community Assistance Corporation (RCAC) as part of this project to expand its knowledge of multifamily development, which will increase the number of families that Community Rebuilds can serve in the Moab community. Page 170 of 213 8-2 Old Business RELATIONSHIP TO THE MOAB GENERAL PLAN: This project supports the elements of the General Plan through: 1) Economic Development: The project will increase the Moab City tax base through employing local contractors, builders and other Utah professionals while utilizing locally -sourced natural materials to create an aesthetically - pleasing, multi -family apartment development. The development will provide housing for a diverse demographic of moderate -income residents serving our community. Completion of these apartments will provide an improved standard of living for its residents, and improve the neighborhood at large. Aesthetic improvements to the property will enhance local appeal. 2) Growth & Urbanization: The project will be an example of efficiency in land and resource use in Moab's rapidly developing downtown corridor. Emphasis on appropriate architecture and landscaping will create an integrated whole meant to complement existing homes and the native landscape. 3) Land Use: The project is an opportunity to invigorate inner-city acreage which has remained largely vacant and unproductive since the City's land use changes regarding Trailer Parks in the late 1980s. Design for the landscape will emphasize ecological health through resource management, including water conservation and appropriate planting. One goal will be to use all on - site water resources - following the best practices of water harvesting - in order to alleviate strain on Moab City stormwater infrastructure. First -rights water shares (Moab Irrigation Co) will be utilized for passive irrigation. 4) Urban Design: Efficient use of limited resources in an urban environment will be emphasized. Energy conservation will be achieved through the use of progressive building design (i.e. - straw bale) and active and passive solar techniques. Design will consider the needs and quality of nearby homes. 5) Housing: Moab Pueblo supports the need for greater quantity, quality and affordability within the City limits. The project will help address the current need for a diverse array of housing options, providing a multi -tiered approach to apartment affordability, and housing diversity, with studio, one and two bedroom units. 6) Parks and Recreation: While not a Public Park, the project will beautify property within and abutting the public right-of-way. As well, within the development, a common area will be designed for residents' outdoor use, including but not limited to: a children's play area, a small orchard and small plots for growing vegetables. 7) Transportation: By creating an array of affordable rental units in proximity to the downtown corridor, Moab Pueblo will encourage its residents Page 171 of 213 8-2 Old Business to practice lower -impact forms of transportation, including walking and bicycling. 8) Public Works: Ecological design -- integrating buildings and the localized landscape - will ensure efficient energy use while preventing waste. 9) City Services: The project will be constructed in compliance with current safe building codes, including but not limited to: fire-resistant building materials and sprinkler systems for fire mitigation, and solar -lighted parking and pathways for resident safety. Should a serious situation arise, residents will be located within minutes of peace officers, fire fighters, and emergency medical services. RELATIONSHIP TO EXPANDED GENERAL PLAN COMPONENTS: This project supports the vision of a thriving, healthy community that preserves the integrity of Moab's historical character while carefully integrating it with responsible and innovative design practices in order to: • revitalize downtown residential acreage to provide easy access to central commercial zones, essential employment, and social activities; • create higher density residential use, while maintaining green space and minimizing urban sprawl; • preserve the historic home (built in 1911) and mother-in-law structure; • reduce effects of summer heat by utilizing existing water sources (including water rights and rainfall), applying ecological design in the landscape (maximizing tree and shrub plantings for shade, cooling, and privacy), and incorporating permeated paving. • improve quality of living by providing a high -quality, in -town, energy - efficient, and affordable place to live. RELATIONSHIP TO THE MOAB MUNICIPAL CODE (17.04.050) Map Amendment Policy Declaration: A. As presently zoned, these parcels are inconsistent with the policies and goals of the City's General Plan, as it relates to creating affordable housing. B. The area is changing to such a degree that it is in the public interest to encourage a redevelopment of the area, and to do so in such a way that provides a positive and innovative example of HOW. The execution of the Moab Pueblo development will include public and private educational opportunities on integrated building and landscape design that will serve as a template for future development. C. The proposed map amendment is necessary in order to provide land for more densely developed residential use, consistent with the policies and goals of the General Plan. Special consideration should be given due to the dilapidated existing conditions, the changing nature of the area, the need for Page 172 of 213 8-2 Old Business more affordable housing, the preservation of existing structures, and the reduced scale (for R-3) of the proposed structures. RELATIONSHIP TO THE MOAB MUNICIPAL CODE (17.04-060) Map Amendment Approval: A. Existing Zone adopted in error? Hard to say. The property has been used as a trailer park for decades, long before the City re -zoned it as R-2 roughly 30 years ago. The continued use as a non -conforming trailer park demonstrates that the need and demand for affordable housing at this site remains. B. Change of character in the area? Yes. Current growth trends call for increased availability of affordable, long-term rentals. The property has been deteriorating since the Zone was changed to R-2. C. Need for proposed Zoning? Yes. R-2 will not allow multi -family buildings. D. Compatible with surrounding area? Yes. Vast acreage to the West is zoned R-3. Adverse Impacts? Not that we are aware of. Should any adverse impacts be identified in the future, they will be mitigated. E. Benefits? Yes! The existing and future residents of this neighborhood, as well as the municipality, will benefit from improved aesthetics, site -specific resource management (including stormwater), and the provision of affordable housing for our workforce. F. Are adequate facilities available for the proposed zoning? Yes. Utilities and City services have been provided to this property for many decades. This project, once completed, will improve upon existing systems. G. Conforms with the Moab General Plan, Land Use Code, and applicable agreements? Yes. This project is an excellent "fit" with City plans and community needs. RELATIONSHIP TO RESOLUTION #15-2009, ADOPTION OF THE HOUSING STUDY AND AFFORDABLE HOUSING PLAN (10-13-09): This project supports the 5-year goals and objectives to make affordable housing available to all residents, by: achieving and protecting secure, affordable, decent housing opportunities for residents; contributing to overall rental opportunities, allowing the community to recruit and retain the skilled workforce needed by community employers; • creating housing stock affordable to all income levels, including very low, low, moderate, and up to 120% of Area Median Income (AMI) households; Page 173 of 213 8-2 Old Business " c o l l a b o r a t i n g w i t h p u b l i c a n d p r i v a t e e n t i t i e s t o i n c o r p o r a t e t h e m o s t p r o g r e s s i v e , n a t u r a l b u i l d i n g t e c h n i q u e s , i n s u p p o r t o f l o w - c o s t c o n s t r u c t i o n , w a t e r c o n s e r v a t i o n , e n e r g y - e f f i c i e n c y , a n d e d u c a t i o n , r e s u l t i n g i n g r e a t e r n u m b e r s o f q u a l i t y , a f f o r d a b l e h o u s i n g s o l u t i o n s ; " i n v o l v i n g m u l t i p l e c o m m u n i t y a n d o u t s i d e a g e n c i e s , i n c l u d i n g c o n t r a c t i n g w i t h n o n - p r o f i t b u i l d e r , C o m m u n i t y R e b u i l d s , a n d c o n s u l t i n g w i t h t h e R u r a l C o m m u n i t y A s s i s t a n c e C o r p o r a t i o n ( R C A C ) , t o k e e p t h e f o c u s o n a f f o r d a b i l i t y . T h e B l a c k b u r n F a m i l y a n d C o m m u n i t y R e b u i l d s w e l c o m e t h i s o p p o r t u n i t y t o c o l l a b o r a t e f o r t h e b e n e f i t o f t h e c o m m u n i t y , a n d b e l i e v e t h i s p r o j e c t h a s t h e p o t e n t i a l t o b e c o m e a m o d e l o f w h a t c a n b e a c c o m p l i s h e d w h e n l a n d o w n e r s , c o n s c i o u s d e v e l o p e r s , a n d t h e C i t y o f M o a b w o r k t o g e t h e r t o s u p p o r t t h e d e v e l o p m e n t o f a f f o r d a b l e h o u s i n g . P l e a s e d i r e c t a n y q u e s t i o n s o r c o n c e r n s t o : T h e B l a c k b u r n F a m i l y M i c h e l e B l a c k b u r n , M a n a g i n g P a r t n e r P h o n e : 4 3 5 - 2 5 9 - 0 8 1 5 E m a i l : i m i c h e i e b l a c k b u r n @ g m a i l . c o m W e l o o k f o r w a r d t o h e a r i n g f r o m y o u . P a g e 1 7 4 o f 2 1 3 8 - 2 O l d B u s i n e s s " c o l l a b o r a t i n g w i t h p u b l i c a n d p r i v a t e e n t i t i e s t o i n c o r p o r a t e t h e m o s t p r o g r e s s i v e , n a t u r a l b u i l d i n g t e c h n i q u e s , i n s u p p o r t o f l o w - c o s t c o n s t r u c t i o n , w a t e r c o n s e r v a t i o n , e n e r g y - e f f i c i e n c y , a n d e d u c a t i o n , r e s u l t i n g i n g r e a t e r n u m b e r s o f q u a l i t y , a f f o r d a b l e h o u s i n g s o l u t i o n s ; " i n v o l v i n g m u l t i p l e c o m m u n i t y a n d o u t s i d e a g e n c i e s , i n c l u d i n g c o n t r a c t i n g w i t h n o n - p r o f i t b u i l d e r , C o m m u n i t y R e b u i l d s , a n d c o n s u l t i n g w i t h t h e R u r a l C o m m u n i t y A s s i s t a n c e C o r p o r a t i o n ( R C A C ) , t o k e e p t h e f o c u s o n a f f o r d a b i l i t y . T h e B l a c k b u r n F a m i l y a n d C o m m u n i t y R e b u i l d s w e l c o m e t h i s o p p o r t u n i t y t o c o l l a b o r a t e f o r t h e b e n e f i t o f t h e c o m m u n i t y , a n d b e l i e v e t h i s p r o j e c t h a s t h e p o t e n t i a l t o b e c o m e a m o d e l o f w h a t c a n b e a c c o m p l i s h e d w h e n l a n d o w n e r s , c o n s c i o u s d e v e l o p e r s , a n d t h e C i t y o f M o a b w o r k t o g e t h e r t o s u p p o r t t h e d e v e l o p m e n t o f a f f o r d a b l e h o u s i n g . P l e a s e d i r e c t a n y q u e s t i o n s o r c o n c e r n s t o : T h e B l a c k b u r n F a m i l y M i c h e l e B l a c k b u r n , M a n a g i n g P a r t n e r P h o n e : 4 3 5 - 2 5 9 - 0 8 1 6 E m a i l : j m i c h e l e b i a c k b u r n � g m a i i . c o m W e l o o k f o r w a r d t o h e a r i n g f r o m y o u . P a g e 1 7 5 o f 2 1 3 8 - 2 O l d B u s i n e s s MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: JANUARY 26, 2017 :: Members Present: Laura Uhle, Jeanette Kopell, Allison Brown, Wayne Hoskisson, Joe Downard Members Absent: None City Councilmembers: Rani Derasary City Staff: Planning Director Jeff Reinhart, Community Services Director Amy Weiser, Zoning Administrator/Planning Assistant Sommar Johnson, Public Works Director Patrick Dean, City Engineer Phillip Bowman Public Members: — 37 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Jeanette Kopell called the meeting to order at 6:02 pm. Planning Commission Workshop — 5:30 pm • General Plan Update Planning Commission members held a discussion about the General Plan Update. The initial discussion centered on the formatting of Chapter 4. In general, the Commissioners felt the formatting of the chapter was cohesive with other chapters of the General Plan Update. Commission members also discussed the various goals and policies spelled out in chapter four. They concluded their discussion by outlining a plan for presenting the General Plan Update document to the public and City Council. 1. Election of Chair and Vice Char Commissioner Downard moved to keep the Chair and Vice Chair the same as 2016. It was requested that Commissioner Downard state who it was for the people that don't know. Commissioner Downard specified Jeanette Kopell as Chair and Wayne Hoskisson as Vice Chair. It was corrected that Vice Chair was Allison Brown. Commissioner Downard corrected his motion to keep Jeanette Kopell as Chair and Allison Brown as Vice Chair. Commissioner Brown seconded the motion. Commissioner Kopell stated that according to what she has heard in the wings she can only be Chair for two terms unless the Commission wants to keep it the way it is right now. She said in usual cases it is two terms. Community Services Director Weiser clarified that the term limit is in the Planning Commission bylaws but if that was the motion and that is what the Commission wants then move forward with it. Commissioner Downard stated for the sake of discussion he wanted to keep his motion. There was no further discussion. The motion passed 5-0 aye. 2. Citizens to be Heard There were no citizens to be heard 3. Action Item Approval of Minutes: January 12, 2017 Agenda ng Commission, Minutes 26, 2017 Page 176 of 213 Page 1 of 9 8-2 Old Business Commissioner Hoskisson moved to approve the minutes of January 12, 2017 as written. Commissioner Brown seconded the motion. There was no discussion. The motion carried 5-0 aye. 4. Action Item — Planning Resolution 05-2017 A Resolution Conditionally Approving the Final Plat for Phase Two of the Valley View Subdivision on Property Located at Approximately 930 Millcreek Drive in the R-2 Zoning District Planning Director Reinhart gave an overview of the final plant for phase 2 of the Valley View Subdivision. Commissioner Uhle moved to adopt Planning Resolution 05-2017, favorably recommending approval of the final plat for Phase II of the Valley View Subdivision with the condition: A Development Improvements Agreement shall be approved by City Council prior to recording the final plat. Commissioner Downard seconded the motion. There was no discussion. The motion carried 5-0 aye. 5. Public Hearing — Zone Change Application 17-0103 Moab Pueblo Map Amendment — Zone Change Application Proposed zoning map amendment for property located at 61 and 71 South 400 East, requested by the Blackburn Family (G. Gilbert, Lisa M., and J. Michele), from R-2 Single -Family and Two - Family Residential Zone to R-3 Multi -Family Residential Zone and amending the City of Moab Official Zoning Map. Planning Director Reinhart gave an overview presentation of the zone change application including a comparison of the permitted uses in each zone. He emphasized the map amendment policy declaration and reminded the Commission that these are the things they should be evaluating in establishing their resolution to the Council. Planning Commission Chair Kopell opened the public hearing at 6:22 pm. She was reminded that the applicant should have a chance to speak prior to opening the public hearing. Planning Commission Chair Kopell closed the public hearing at 6:22 pm to allow the applicant an opportunity to address the Commission regarding her application. Applicant Michele Blackburn introduced herself to the Commission and stated she is the managing partner for her family which includes her sister Lisa, her brother Gilbert and herself. She explained that this project represents a lifetime vision of being able to improve the property. She said they have owned the property for over 100 years and they have coupled with a mindful contractor to keep the project affordable. She said they have been providing affordable housing for people in this community for 75 years and currently do not have any tenants that are paying a market rate for their business or their home. She said this is a natural evolution that they would be able to step up at this time and it is obvious that the community needs housing and needs housing that they can afford at all income levels. She explained that the development would be a small-scale apartment complex utilizing solar and permaculture. She said it is important to the family to be good neighbors and have opened up their design process to input and comments which she feels is the best way to go. She explained that it was a little more contentious but it is how information comes to the table so that everyone can make a better decision. She said she is very open to answering questions. Commissioner Hoskisson explained to Ms. Blackburn that she would have another opportunity to address comments or concerns at the conclusion of the public hearing. Ms. Blackburn concluded by stating that the Commission was familiar with what the zones would allow and they would like to create something that is aesthetic and still flows with the neighborhood as it is today. She stated the R-2 zone would allow them to put a number of duplex units on the property but which is not the best use of that Agenda ng Commission, Minutes 26, 2017 Page 177 of 213 Page 2 of 9 8-2 Old Business space. She said they prefer to have the same amount of units clustered toward the middle with less driveways. She thinks that is a better use of the property and are hoping for the rezone to R-3. Planning Commission Chair Kopell opened the public hearing at 6:27 pm. Drake Taylor stated he was a resident at 498 Rosetree Lane and said he would try not to harp too much on the proposed site plan but it was something he was given so he feels it is worth commenting on. He stated he is a father of two children and there are other children on their street. He stated their main concern as a family is the increased vehicular traffic if it were to be diverted, ingresses or egressed on to Rosetree Lane. He said it seems like there is a very busy street, 400 East, which could accommodate the traffic rather than the proposed site plan. He said for them they would really like to see that not occur on their street for safety reasons. He stated Rosetree Lane is narrow, it has no sidewalks, their kids play on it, and they skateboard on it and bike on it and walk on it. He said you see kids on their street, you see adults on their street and he would ask that of the Commission. Pete Apicella said he is a tenant and lives next to Lisa. He said he lives on the property that is going to be built around so this is going to affect him the most of anybody here. He said he knows there are neighbors here that live up Rosetree and Center but he is going to be surrounded by the development. He said he knew about this when he moved in and he has lived there for more than 10 years. He said he is very happy there. He said his life is complicated too but he wanted to thank Lisa and Michele for being very kind and benevolent landlords. He said he lives in the little onesie shack and it is old. He said he works in town as an artist and waits tables but he paints murals and contributes to the community that way. He stated one of the main ways he can do it is because he is not totally squeezed for income so he is able to live in Moab the life that everybody wants to live. He feels like he uses that to give back and that comes from them being generous to him as a tenant. He said he used to live on Powerhouse Lane in the trailer park before they all got relocated and he is in a vulnerable position because he doesn't own property. He said he waits tables for 90% of his income and 10% of his income is as an artist and he feels fortunate and lucky and some people are jealous for that but he thinks it's a good thing to do and contribute that way. He said he was speaking as a way to support Michele and Lisa in their vision. He said they have been very conscious and caring and he has never had any tiffs with them. He said he is a very loyal tenant. He said he hasn't seen the total layout but he feels that there is a good design. He said it is a cool design and a cool layout and whatever the actual configuration is if that is cool he is fine with more density there. He thinks that will help keep rents low as well over the long term. Barb Zinn stated she lives at 460 Rosetree, diagonally across from the Blackburn property. She said she would like to talk about the ingress and egress on their two lanes, Center Street and Rosetree, rather than on 400 East. She said these lanes are sized for R-2 neighborhoods and the addition of 30 more cars coming in and out is unsafe and incompatible with the R-2 neighborhood area. She said as it was shown in the presentation all the lots east of 400 East are R-2 except the commercial ones on the south and Rockridge on the hill. She said she takes upzoning in her area very seriously as it can open the door for future upzone requests in their R-2 area. She said not everyone is going to be as sensitive in development as Michele. She stated the Blackburn plan for affordable housing is to be applauded and if developed as presented could be a model project that benefits the community. She said however if the upzone is approved there is no guarantee that the units will be affordable. She said with Community Rebuilds as partner or builder as laid out in the proposal, deed restrictions on income levels would be in place but currently their first MOU is about to run out and the second one has not been signed. She said she is personally feeling a little bit in limbo. She feels that the MOU that those deed restrictions and numbers about what levels of income will really be served is necessary for her to support the upzone. She does not think we need another apar trident complex that our workforce can't afford in this town. She said she did not know if it was possible but she would suggest postponing this decision so that the MOU can be worked out and perhaps some mitigation of the ingress and egress at the same time. She said if postponement is not an option then she is opposed to the rezone. Sarah Schrepel said she lives at 559 Bowen Circle here in Moab. She said she has never done this and she wasn't sure if she was going to talk but she kind of relates to all of these people. She said she has two small children and Agenda ng Commission, Minutes 26, 2017 Page 178 of 213 Page 3 of 9 8-2 Old Business she is a single mom so she understands the need for them to play and not too many cars. She said at the same time the affordable housing here is pretty much non-existent. She said anything short of living in a trailer in a park or something like that or right now her situation is living with another male and she said she rents two rooms from him so she thinks she is pulled more toward this. She understands that the zoning it once could cause other people to want to do it but the need for affordable housing and, as she said, it may not even be affordable but it would be really nice if it was affordable. She stated she works full-time at a preschool and makes $9 an hour but she works full-time but with this market she is still on state assistance. She said she wants to live here and she wants to raise her kids here and wants her kids to be part of this community. She said she would not support a lot of things to be zoned in that area but she knows Michele and the family for 10 years so it is important to her that she has the vision for it being sustainable and cost affordable hopefully but she can only see that overall it would be beneficial to the town. She said it is not a huge monstrosity, it will be easy on the eyes and a lot of people, herself included if she got in there, would definitely ride her bike or walk. She said it is right in the middle of the town and it is not like all 30 of the people will be driving in and out consistently. She said you're right in the middle of town and people will walk or ride their bikes. She said the daycare she works at is right by the city park so she understands everyone's thing but she is totally going to be in favor of it because in the long run with it not being not an eyesore and being sustainable and hopefully being at for people with lower incomes. She said there is not a lot of options for them and she does not want to raise her kids with roommates. She understands there is Cinema Court and Huntridge but she does not like those kinds of places. She said Huntridge seems like the projects to her and Cinema Court is still kind of weird for her because it seems more city and she likes the idea of what Michele has planned. Carol Mayer stated she lives at 444 Rosetree which is due south of the project. She is impacted so one of these when it says there is no impacts to be mitigated there are that haven't been mitigated yet between the developer and the neighbors. She said the zone is in the middle of a neighborhood on a quiet street and they've got ingress and egress which was mentioned before but those are two of the main reasons why most of the neighbors are here. She said they have issues that they need to have worked out. She said they are being worked out and Michele has met with the neighbors. She said they are very appreciative of this even though they came late to the table. She said if things had been worked out ahead of time the neighbors would be behind this zone change because all of their issues would have been answered. She said as of right now they have not been answered and this is not an actual affordable housing complex. She said they all want affordable housing but it is not yet nailed down and that is one of the most important things. She said not every unit in this complex is going to be affordable housing and she thinks that is something that she thinks they need to think about. She asked the Commission to either postpone their decision tonight or she would like them to vote no. Planning Commission Chair Kopell wanted to remind everybody in the audience that this is not a site plan public hearing. She said this is a zone change public hearing so everyone that comes up and talks about the actual development, they are not voting on the development. She said they are only voting on the zone change. She said she has not seen the site plan and does not think the commission has seen the site plan. She said as Commission members they try to be as objective as the can be and not subjective. She said they look at the code as it is written and they do not look at site plans. She said they look at the code as it is written. She said there has been some changes in the last 72 hours and that there is a moratorium on site plans right now. She said remember that they are here for a zone change and not for the site plan. Joe Kingsley said in addressing some of the comments that he started working on this and trying to work with the Blackburn family and trying to get a density and from day one it was to work on affordable housing. He said he worked with them for almost a year and his plan was to do a tiny home project and get the city code changed to be able to have tiny home lots. He said because of the delay and the passion that the Blackburn's have on getting affordable housing they partnered up with someone else to keep the ball moving forward. He said something that is compelling in his view of their passion is that they were paying property tax on a 50 unit trailer park and they maintained paying those taxes because they wanted to maintain that density. He said when they started working on it, it became apparent that they could not preserve that because the trailer park was gone. He said his research Agenda ng Commission, Minutes 26, 2017 Page 179 of 213 Page 4 of 9 8-2 Old Business on this property back then the people who would be renting this he can assure you most wont' even own a car. He said they will use it and bike to town because being closer to town and being affordable housing, he strongly feels the need for an automobile will be way down in the list it will not be high. He said the high thing is being able to have a home and being able to commute to town in affordable way which will be bike and walking. He strongly urged the Commission to vote positive with this zone change. He said it is something that Moab needs and it is across the street. Trish Hawkins said she lives on Center Street and she finds herself in a very unfortunate situation with this zone change. She said they have seen Michele's plan, they applaud her plan, and thinks it is really fantastic but there is no guarantee moving forward that this plan will in fact happen if you add a zone R-3 upgrade. It is her understanding that there is no place for public input once the zone change has been approved. She said with no place for public input once the zone change is approved it is possible should something happen and this plan doesn't go through that this piece of property could be fully built out to the extent of the R-3 zoning which she thinks is completely inappropriate for her neighborhood. She feels that we have a flawed process if there is no room for public input after the zone change is complete. She stated with a PUD there is room for public input after that has already been decided. She said given that that's the situation she would have to oppose this zone change and she hopes that the Council will look to changing this situation so that projects like this can go forward in the future without being put in this difficult situation. Mike Duncan said he and his wife live at 579 Rosetree just up the street on Rosetree from Michele's development. He said he just concluded an 8 year stint on the county planning commission and they have often seen the same kind of dilemma come up when people request rezones and the developer has the best of intentions. He said no one doubts the Blackburn family's intention but the scary part of it for them in view of the most important criteria is it something that the community needs and we all agree we need affordable housing. He said other than the fact that the apartments likely will go on and it's denser and that will help but what they have seen in the county is that it doesn't necessarily guarantee they will be affordable for people up to 80% of median incomes. He said while the neighbors have been meeting and talking about this, his general feeling is that they generally approve it, they would be a lot more comfortable if there was some way to guarantee or bind in some fashion a commitment to go with a PUD ideally in an R2 zone if they can get the density that she needs to make it pencil out or R-3 if necessary. He stated of course Cinema Court as you guys know has been a well -received subdivision. He stated he hears that Michele doesn't want that but said he was talking site so he would skip that. He said R-3 is something that may well grow but the neighbors would be more comfortable with it if they knew that this one was going to result in something that is genuinely affordable and that is not so easy to do. He said that is the only unsettling part of it and other than that they are a go. Theresa Wilson stated she lives on Center Street. She said she thinks the system is flawed that you have to approve a zone change that could open doors to things that you don't want. She said all the area east of 400 East is R-2. She stated the plans said vast areas west of 400 East are R-3 and that is true, and equally vast areas are R-2 east of it with the exception of Rockridge. She said there are only currently nine residents living surrounding the property that would be upzoned to R-3 and her request is to maintain the R-2 zoning that has been in place since the late 80's. She said they like what the Blackburn's vision they have for it but they want to trust the city government to follow their own plans and ordinances and rules and laws. She knows that a planned affordable development (PAD) concept was discussed a couple years ago and that it was stalled but resurrect the discussions and creatively consider this development and, in your wisdom, find a way to support affordable housing with the Blackburn family within the R-2 zone and support the quality of life that neighboring R-2 residents want. She said the only difference they appear to want is to share walls to make utilities and things more affordable that R-2 doesn't allow but if it were affordable could it. She said approving a request for rezoning when an idea comes along that does not fit the current zoning requirements doesn't instill trust and confidence in the city's commitment to its long-term residents. She said affordable housing is a popular buzz phrase and it is tempting to jump on the bandwagon in order to alleviate a real housing issue. She said you have an opportunity to do something innovative for the future of Moab residents. She said everything doesn't have to turn a higher zoning to Agenda ng Commission, Minutes 26, 2017 Page 180 of 213 Page 5 of 9 8-2 Old Business allow affordable and to allow something creative like the Blackburn's are proposing. She said it should allow it in R-2 because the density number of people isn't more and the zone change provide absolutely no guarantee to alleviate affordable housing needs and no assurances to them as long-term residents concerning traffic and noise and light pollution and potential for conflict without any guarantees or restrictions. She said a zone change opens the door to allow anything within R-3and applies to all future developments. She feels there is a commitment to them because they live there, they bought in R-2 and it was adjacent to them and she thinks their plan could fit in the R-2 if we are creative and innovative. Jeremy Lynch and he is an ecological designer and landscape designer in town. He said he has talked to Michele and others about this project as well as to the neighbors and he is very impressed by the citizen engagement of this project already as it stands. He said a lot of what he hears is fear and, to some degree, very justifiable fear but he thinks it is going to be innovation and taking that step that really gets one of these projects done whether this is affordable housing or whatever it is determined to be that is the goal and those steps come a little bit later. He said right now what we need first is this change and so he is in support of it. He said he is a neighbor. He lives a few blocks away and has been here for four years and wants to be here for a lot longer than that and this is the kind of step we need to take if we are going to get there. Bill Foreman did not wish to speak but provided a written comment stating one zone change can lead to another and until we know what is going to happen he would like to wait, otherwise he is in favor. He also referred to the email he sent previously. David Wilson did not wish to speak but stated they did not mention or acknowledge the letters they received regarding the zone change and questioned why not. Applicant Michele Blackburn welcomed questions from the Commission. She said it is easier to do that than speak off the cuff. Commissioner Uhle asked Ms. Blackburn if she were to subdivide how many duplex units could she fit on the land. Ms. Blackburn deferred to Soren Simonson, the architect for their plan, and he gave her an off the cuff response. Commissioner Uhle stated at 1.81 acres they were so far below what she could do. Soren Simonson stated that 1.81 acres is about 79,000 square feet for the lots and the R-2 zone for duplexes is 3,000 square feet for each unit and the rough calculation is about 26 units. Michele stated they hope that is not what they are forced to do because that is 26 units and 26 driveways and talk about a traffic nightmare and that is what it is zoned for. Commissioner Downard asked Ms. Blackburn if she had any rebuttal to any comments they heard. Ms. Blackburn stated rebuttal makes it sound like she is arguing with her neighbors and she doesn't want to do that. She said she wanted to thank everyone who commented and she said she really believes this opportunity to bring comments and information to the table is what makes it a better process. She said she welcomes the constructive comments and it has made her think and has caused her family to really reflect on what their goal is and what it is that they really want to accomplish here. Ms. Blackburn thanked everyone for their time and the Commission for the hours they put in. Commissioner Uhle stated in what she is putting forward this takes a lot of altruism and a lot of self to do this from a private standpoint and you don't see it often and thanks Ms. Blackburn. Ms. Blackburn thanked the Commission, the neighbors, and the people who spoke in support. She said she didn't solicit those comments except from Pete because she thought maybe their longest tenant would be a good person to hear from. She said she is available for contacting for future questions from the Commission or the neighborhood and welcomed them to contact her. Commissioner Hoskisson stated he looked at this to see what was possible and even keeping a 5,000 square foot lot for the home on the corner it is large enough it would still permit 24 units in duplex housing so even in an R-2 Agenda ng Commission, Minutes 26, 2017 Page 181 of 213 Page 6 of 9 8-2 Old Business we can get some pretty heavy density into that lot. He said it is hard and what we need to do is look at the criteria for a zoning change and that is what their discussion should center on. Commissioner Kopell stated she looked at what is allowed and not allowed and it is pretty similar. She thinks what we have to remember is that the zone change is not supposed to be presented with the development and there are other places that put the zone change with the site plan or development. She said it is very difficult to do this objectively because she has never seen the site plan and she has to be super objective about this. She sated she is only looking at what is in the code not what is on the site plan. She said we have a site plan moratorium right now for six months so nothing can move forward for six months as far as the site plan. Members of the audience questioned the public notices with the site plan attached and asked if the Commission received those. Commissioner Downard clarified that the only thing they were considering was the zone change Planning Commission Chair Kopell closed the public hearing at 7:01 pm. 6. Action Item — Planning Resolution 06-2017 A Resolution Recommending Approval of a Zoning Map Amendment for property located at 61 and 71 South 400 East, requested by the Blackburn Family (G. Gilbert, Lisa J., and J. Michele), from R-2 Single -Family and Two -Family Residential Zone to R-3 Muti-Family Residential Zone and amending the City of Moab Official Zoning Map. Commissioner Downard moved to send Planning Resolution 06-2017 to City Council with a positive recommendation. Commissioner Uhle seconded the motion. Commissioner Brown mentioned that someone brought up the idea of a PUD during the public hearing and from what she understands a PUD can't happen on a lot less than three acres so they cannot look at the PUD as an option for this, even a PUD in the R-2 zone because it has to have at least three acres. Commissioner Uhle believed that was a good comment for problem solving but it cannot be used for this application. Commissioner Downard noted that a comment about the process being flawed and wondered if we should change our codes. He said we have no option but to rezone and keep our fingers crossed that they actually go through with it. Community Services Director Weiser stated that in some places you can tie a zone change to a development plan but our code does not require that right now but it may be something to consider with code revisions in the future and there are different options we can look at but it won't help the zone change today. Commissioner Brown asked about the moratorium that was passed on Monday by City Council and whether changing the process for site plans and asked if those types of code changes would fall under the moratorium. She asked if they can link the site plan to the zone changes in order to bring those two together. Community Services Director Weiser stated those cannot be linked. Commissioner Uhle said when looking at the uses in each zone you can assume the highest and best use would be applied so you can assume multi -family housing as the use. Commissioner Uhle also stated we have an opportunity in an area of growth where we are going to be dealing with zone changes over the next 10 to 20 years and how we plan and envision the City and how the General Plan and the Affordable Housing Plan leads us to this point. She said we have a private opportunity for multi -family housing and we have gone full circle with this over the last 15 years. She said it would be an awful shame not to allow this. Commissioner Downard noted one of the concerns during the public hearing was about the size of the roads for Center Street and Rosetree. He questioned if these were the same size as R-3 or if they were old roads that aren't to our new standards of 50 feet Planning Director Reinhart stated the Rosetree right-of-way was significantly wider but East Center Street appears that the lot line comes right up to the street corner curb and gutter. He said as far as the street width it is probably about 30 to 35 feet. Commissioner Downard stated it would be the same for R-3 or R-2. City Engineer Bowman said the standard for a residential street width is 36 feet that allows two regular drive lanes and two seven foot park lanes to allow parallel parking and attached sidewalks on both sides but clarified that it would be addressed during the site plan process. Commissioner Uhle asked if we would require a traffic study for the site plan and City Engineer Bowman stated the parameters that define the traffic study need are in general terms and are fairly loose so it is based on the Agenda ng Commission, Minutes 26, 2017 Page 182 of 213 Page 7 of 9 8-2 Old Business development density and the site specific situations. Commissioner Brown stated 17.04.060 has the map amendment approval criteria and those things are what we need to make a decision on or table this until we can make a decision. Commissioner Hoskisson stated those are the things that are pertinent to the motion but the other piece of the code is the difference between the R-2 and R-3 in terms of traffic. He said it is anticipated that R-3 would have a heavier traffic pattern than R-2 and those are the pieces that are of concern. He thinks it would be worthwhile go through the criteria and discuss each of those. Commissioners generally agreed that the zoning was not adopted in error although it was pointed out that the property was originally zoned R-4 and then changed to R-2 so it is not unreasonable to change it to multi -family again. Commissioners discussed whether there has been a change of character in the area. There was difficulty in determining how to define the area but they generally agreed that there has been a change of character and new growth trends are upon us and that is part of the criteria. They discussed that zoning is not supposed to be a rigid concept and the zone is not a forever promise on the part of the city. It was noted that we lost a lot of affordable housing on the west side of town and that is not something that we have managed to replace. They ultimately believed that it was reasonable to think that the area has changed especially when talking about new growth trends. Commissioners all agreed there was a need for affordable housing and agreed there is a need for multi -family housing. Commissioners agreed that increases in density will have impacts but those impacts can ultimately be mitigated through the site plan process. Commissioners agreed that benefits will be derived by the community and the area because there is a need for multi -family housing and the rezone would allow it but the existing zoning would also allow it on a smaller scale. They generally felt that if the property is developed as R-2 or R-3 it would benefit the community but the R-3 would allow more housing per acre Commissioners agreed that adequate facilities are available to serve the property. Commissioners also agreed that the application conforms to the provisions of the General Plan. Commissioner Hoskisson made a second motion to table the application. A discussion ensued about parliamentary procedures and the ability to make a second motion while the first motion was not acted upon. Commissioners questioned whether they can discuss an idea of a table without making any other motions. Commissioners questioned the idea behind tabling the decision and Commissioner Hoskisson stated he would like more time to think about it. He also stated he would like to discuss a second motion to reopen the public hearing and receive written comments until the proposal is brought back before the Commission. Commissioner Brown said she thinks that some of the issues can be addressed if and when a site plan comes before them. She said some of the adverse impacts and some of the issues the public hearing brought up cannot be heard or discussed or mitigated until it has gone forward to help ease the problems and fears that the neighborhood has. Planning Director Reinhart recommended that the Commission look at Planning Resolution 06-2017 and be certain that what is drafted in the resolution is how they feel because these are the findings that they are sending on to the City Council. Agenda ng Commission, Minutes 26, 2017 Page 183 of 213 Page 8 of 9 8-2 Old Business Commission Chair Kopell called for a vote. The motion carried 3-2 aye, with Commissioners Brown and Hoskisson voting nay. Commission Chair Kopell recessed the meeting at 7:22 pm. Commission Chair Kopell reconvened the meeting at 7:27 pm. 7. Public Hearing — Planning Resolution 04-2017 A Resolution Recommending the Adoption of the Moab Area Affordable Housing Plan as an Addendum to the City of Moab General Plan Planning Director Reinhart gave an overview presentation of the Moab Area Affordable Housing Plan. Commission Chair Kopell opened the public hearing at 7:29 pm. No public comments were made. Commission Chair Kopell closed the public hearing at 7:30 pm. 8. Action Item — Planning Resolution 04-2017 Recommendation to City Council A Resolution Recommending the Adoption of the Moab Area Affordable Housing Plan as an Addendum to the City of Moab General Plan Commissioner Brown moved to adopt Planning Resolution 04-2017 recommending that City Council adopt the housing plan as an addendum to the General Plan. Commissioner Uhle seconded the motion. There was no discussion. The motion carried 5-0 aye. 9. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adj ournment Planning Commission Chair Kopell adjourned the meeting at 7:45 pm. Agenda ng Commission, Minutes 26, 2017 Page 184 of 213 Page 9 of 9 8-2 Old Business A B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Zone A-2 C-1 C-2 C-3 C-4 C-5 Acres % of Total E 9.91 0.33% 6.60 I 0.22% 73.96 2.43% 160.46 523.70 18.51 5.26% 17.18% 0.61% FC-1 j 119.61 3.92% 1-1-26.14 0.86°0 MH/RV-1 34.33 1.13% E R-1 7.08 0.23 R-2 676.78 22.20% R-3 199.40 6.54% R-4 362.36 11.89% RA-1 532.31 17.46% RC : 157.61 5.17% 17 18 SAR 139.89 4.59% i 19 20 Total City Acreage 30413.66 Grand County Islands Not Included in Total 8-2 Old Business Page 185 of 213 M Gmail Zone change for Moab Pueblo Bill Foreman <wc4man@gmail.com> Wed, Jan 25, 2017 at 3:47 PM To: jell@moabcity.org Like most folks, I'm in favor of a low income housing project, but, from my point of view as a close neighbor to the development, I have two concerns: I - One zone change can easily lead to another, I've heard, and I'm not in favor of more R3 developments in the neighborhood, and: 2 - Even though the project has been in the works for a while, we've only been informed recently about it. It would be nice if we had more time to be sure what is being planned is actually going to happen. That's my input. Bill Foreman 460 Rosetree Lane (across the street from the proposed development) Moab, UT 84532 435-259-4077 Page 186 of 213 IR F,C EIVED JAN 2 5 Z017 8-2 Old Business Barbara Zinn 460 Rosetree Lane Moab, Utah 84532 City of Moab Planning Commission 217 East Center Street Moab, Utah 84532 Dear Planning Commissioners: Following are my comments concerning agenda item number 5: Public Hearing — Zone Change Application 17-0103 Moab Pueblo Map Amendment — Zone Change Application Proposed zoning map amendment for property located at 61 and 71 South 400 East, requested by the Blackburn Family (G. Gilbert, Lisa M., and J. Michelle), from R-2 Single -Family and Two Family Residential Zone to R-3 Multi -Family Residential Zone and amending the City of Moab Official Zoning Map. From the proposed site map, my greatest concern is the ingress/egress on the lanes rather than on 400E, along with the parking at the back of the lot. These lanes were not designed for the volume of traffic that 30 vehicles will introduce, but rather for that of the existing R2 neighborhood. Using them for R3 volume traffic is unsafe. As I live on Rosetree, I can give specifics for that lane: - It is a through street, and is used by many (including myself) as a shortcut to the Tusher neighborhood, Mill Creek Road, Sand Flats, etc. There is no doubt that renters in this development would do the same. - There are a nightly rental business and a B and B on the street, and most tourists staying there are unaware of Rosetree's traffic hazards. Adults and children walk, bike, and play on the street, and ATVs are common. - Rosetree is narrow with no sidewalks, and many cars park on the street, narrowing it further. There would be overflow parking along our street from this development as well. - The proposed egress has large trees and bushes up the street that block the view, and vehicles sometimes come down the hill at high speeds. The Moab General Plan, section IV.4, specifies reduction of traffic congestion and conflicts, but egress on Rosetree will increase them. - 400E is a wider street with a median lane for maneuvering as well as better sight distance. It is designed for heavier use. In short, it is a safer alternative. Finally, 1 can't be confident that the development will provide the community benefits claimed (true affordable housing) until deed restrictions are agreed upon. I cannot support up zoning until these issues are resolved, and I ask you to postpone a decision until more is in place. 1 applaud the Blackburn's efforts and desires, but need more time to be sure this will truly benefit the community. Sincerely, G�G'v"u�cu. Barbara Zinn Page 187 of 213 RECEIVED JAN 2 5 2017 BY: 8-2 Old Business City of Moab Planning Commission 217 East Center Street Moab, UT 84532 RE: Public input on proposed change from R-2 Single -Family and Two -Family Residential Zone to R-3 Multi -Family Residential Zone. Property located at 61 and 71 South 400 East Planning Commission Members: Let the record show that we support an affordable, energy -efficient, and aesthetically pleasing concept for the Blackburn property. AND, let the record show that we are opposed to the rezone of the property located at 61 and 71 South 400 East. Long-term residents live quiet lives adjacent to the proposed rezone property. Maintain the R-2 zoning that has been in place since the late 1980's. We want to trust the city government to follow their own plans, ordinances, rules, and laws. We know that a planned affordable development (PAD) concept was discussed in the last couple of years and that discussions stalled. Resurrect the discussions. Creatively consider this development and in your wisdom, find a way to support affordable housing with the Blackburn family within the R-2 zone and support the quality of life that neighboring R-2 residents value. Approving requests for rezoning when an idea comes along that does not fit into existing zoning requirements does not instill trust and confidence in Moab City's commitment to its long-term residents. Affordable housing is a popular buzz phrase and it is tempting for Planning and Zoning to jump on the bandwagon in order to alleviate a very real housing issue in Moab. You have an opportunity here to do something innovative for the future of Moab residents. • R-2 should allow for affordable housing, quality Community Rebuilds construction, energy efficiency, and aesthetically pleasing, safe, and livable neighborhoods. The Blackburns should be supported to work within existing R-2 Zone parameters to achieve this goal. • A zone change alone provides no guarantees to alleviate affordable housing needs and no assurances to the long-term residents concerning traffic, noise, light pollution and potential for conflict. Without any guarantees or restrictions, a zone change opens the door to allow anything within R-3, and applies to all future development. • R-3 zoning would set an irreversible precedent opening the door to R-3 east of 400 East. R-3 potentially doubles the population density which increases noise, traffic, light pollution and problems to occur between residents. Essentially all of the properties east of 400 East are Zoned R-2. Rockridge is the main R-3 exception. The proposal refers to "Vast acreage to the west.. zoned R-3." There is equally vast R-2 zoning on the east side of 400 East surrounding this plan and beyond. • A 30-vehicle parking lot directly adjacent to the existing R-2 neighbors with car headlights, car alarms, exhaust, engine noises, slamming car doors, and people talking loudly outdoors to others is tremendously unsettling to imagine and should not be permitted. Please consider future ramifications, not just for the people who would benefit from the creation of affordable housing, but for those of us who have invested in our homes, properties, and the neighborhood around this site up until this time. spectFUllYr 1646.40_73 yid & Theresa Wilson 1 464 East Center Street I Moab, UT 84532 v Page 188 of 213 O 1 4 RECEIVED JAN 2 5 2017 BY: Trish Hawkins 453 East Center St Moab UT 84532 Dear Planning Commission, Jan 25th 2017 I am writing in regard to the proposed application for a zone change, from R-2 to R-3, for the Blackburn property on 400 East. The Blackburn family has approached the neighbors with their proposal for developing this property. This is the type of development that I believe should be happening in the City to elevate our housing problem. However, this proposal requires a spot zone change to our R-2 residential neighborhood and there is NO guarantee that the Blackburn's will be able to move forward with their development plan as they are initially proposing. Once an up zone to R-3 has been granted the property could be built out to full capacity without any public review. This is unacceptable for our neighborhood. Without any assurance that the Blackburn's proposed development will actually happen, with no MOU in place between the Blackburn's and Community Rebuilds I cannot support this zone change. I ask the Planning Commission to not approve this zone change. Thank you for your service to the community, Sincerely, Trish Hawkins Page 189 of 213 RECEIVED JAN252017 BY: 8-2 Old Business Joan Gough 441 East Catalpa Lane AKA Center Street Moab, Utah 84532 City of Moab Planning Commission 217 East Center Street Moab, Utah 84532 Dear Planning Commissioners: This is in regards to the Blackburn Development request for a spot zone change from R-2 to R-3. As you know, this for the block fronting on 400 East between Catalpa Lane (Center Street) and Rosetree Lane. The City General Plan has the entire area from 400 East to the hills above Hillside zoned R-2 with the exception of the commercial strip to the south and the senior apartments to the north. The narrow lanes --Locust, 200 South, Nichols, Rosetree and Catalpa —make it necessary that this neighborhood stay R-2. The use of the City General Plan to minimize conflicts in the community is an important one. The Plan states [R-2] "should provide for low -density residential uses ..." Sec. III, no. 3. Even concerning low-income housing the Plan states that it should be "consistent in scale and character with surrounding neighborhoods." Sec. IV, No. 9. Traffic is a major safety issue with the lanes being so narrow. There are no sidewalks on the lanes and no room for them. This puts us all, especially kids, at increased risk with increased traffic. Can you even have parking on both sides of the lanes and have two vehicles pass? Other issues for the neighborhood are noise and light spill over. Four Hundred East is already very noisy. The number of car alarms going off, idling engines, banging doors will all increase noise by the same amount you increase population. Our neighborhood in this area is very dark which we have worked hard to maintain. Pets too, will increase the foot print of residents and the potential for conflicts. Professional, on -site management with clear guidelines will go a long toward mitigating problems of rental properties here. The lanes are unique in Moab. They created a neighborhood of working-class, low-income family homes. Let's not lose that when it is most needed and disappearing all over Moab. And, let's not set a precedent for other zone changes in the area east of 400 East. Any change to the City General Plan deserves careful consideration. Please, do not grant this zone change until neighbors and yourselves are assured as to the plans, the developer and management. We all want this to be a success. It shouldn't be rushed. Thank you for your work for this community. Sincerely, an Gough Page 190 of 213 RECEIVED i JAIL 2 5 Z017 BY: 25 Jan 2017 City of Moab Planning Department Jeff Reinhart Sommar Johnson Moab, Utah Re: Blackburn family R2 to R3 re -zone application Dear Mr. Reinhart, Ms. Johnson: My wife and I are residents near the subject property. You are probably aware of on -going discussions of a group of neighbors, including myself, with Michelle Blackburn and a potential collaborator, Emily Niehaus of Community Rebuilds. You may know then that the neighbors, with a few exceptions, are in general favorably disposed towards the re -zone and the subsequent development, particularly if Community Rebuilds is an active participant to ensure that genuinely affordable (80% of units are "affordable" to 80% of median income, with deed restrictions) housing results. That guarantee also makes the potential spread of R3 e of 4tb East less painful. There are also several site plan alterations the neighbors suggest to mitigate the development's impact on the neighborhood — for example ingress/egress routes, location of parking, and privacy of nearby neighbors. I've served on the County Planning Board for eight years and have often seen the quandary posed by, one the one hand, dense, unaffordable development permitted by zone upgrade right, and on the other, the best intentions of the applicant to build something rather more acceptable, for what intentions are worth. I'm searching for some way to ensure those good intentions happen, prior to re -zone approval. Perhaps, if possible, a PUD submission, ideally under the existing R2 zone. Perhaps a delay to ensure Community Rebuilds participation. Failing those, perhaps a Cinema Court development that is acceptable to all. Thank you for your consideration. Regards, Mike Duncan and Bonnie Crysdale 579 Rosetree Moab �) f Page 191 of 213 CEIVED JAN 2 5 2017 8-2 Old Business Drake Taylor Helene Boyer Eli Taylor (14 years old) Mona Taylor (14 years old) 498 Rosetree Lane Moab, Utah 84532 City Planning Commission 217 East Center Street Moab, Utah 84532 To the Planning Commission: This letter is in regards to the Blackburn request for a zone change from 1:3-2 to R-3 for their property on 400 East. In the opinion of our family, the proposed site plan which the Blackburn family has submitted to you in their packet, is not acceptable for the following reasgns. 1.) The potential increase in traffic on the 2 adjacent lanes in the R2 distript: Rosetree and East Center (Catalpa Street), is first of all not consistent with Moab Municipal Code # R3 17.48.010 Objectives and characteristics: The objective in establishing the R-3 residential zone is to provide appropriate locations within the city for high density residential development. In general, this zone is located in the central part of the city, adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is char cterized ny more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. Their proposed site plan shows the parking lot on the east side of their land (next to an Ra neighborhood), the ingress on the north side (Catalpa) and the egress on the south side (Rosetree Lane), These three sides of the property affected by the request for a zone change from R2 to R3 would experience negative impacts to what is currently a quiet neighborhood with residential R2 characteristics. 2.) And secondly, and most importantly in our opinion, the proposed site plan dogs not create a safe neighborhood. Rosetree and Catalpa Lanes are narrow streets without sidewalks, and as a family whose kids and friends walk, bike, and skateboard our street daily, increased traffic Is a great concern to us and the safety of our kids. 3.) We are also concerned knowing that the proposed site plan is just that: "a proposed site plan". In other words, after obtaining the zone change (if permitted), the developers are in no way committed to their initial proposed site plan, and neither the public, nor the city, nor the planning department has any authority to hold them to their initial site plan. This is very concerning to us. We applaud the Blackburns' desire to create affordable housing, but it is our opinion that our concerns need to be resolved before our family will support their project. Drake Taylor lene Boyer Mona Taylor Eli Taylor Page 192 of 21 8-2 Old Business RECEIVED JAN 2 5 2017 January 25, 2017 City Planning Commission 217 East Center Street Moab, Utah 84532 Re: Proposed Up Zoning of 61 and 71 S 400 East R2 to R3 Moab Pueblo Commissioners, My property lies immediately south of above described property on Rosetree. The neighbors surrounding this parcel (on Rosetree, Catalpa/Center and on the eastern property line) have been exchanging electronic communications, meeting with each other, with Emily Niehaus of Community Rebuilds (the proposed builder) and with Michele Blackburn of The Blackburn Family (Developers) after we were notified of the project via the letter from the Planning Commission and a packet of the legal information provided by The Blackburn family concerning this zone change. Per the packet: "PROJECT DESCRIPTION: The project - herein referred to as `Moab Pueblo' is a multi -partner collaboration between the Blackburn Family and Community Rebuilds with the aim to create a small scale, affordable multifamily apartment complex. In order to accommodate density exceeding maximum two-family dwellings (duplexes), a zone change from R2 to R3 is required. There are no anticipated impacts requiring mitigation. The proposed re -zoning is compatible with surrounding uses. All parcels West of the subject parcels are zoned R3." Even though the neighborhood was brought into the conversation late in the game, Ms. Blackburn has been very amenable to our concerns and is going above and beyond what other developers would do for the neighbors directly impacted by their projects. However, as the results of the neighbors' meetings I am convinced: a au d m 4 a) There are impacts requiring mitigation that will not be agreed upon with the neighbors, Community Rebuilds and the Blackburns until AFTER the meeting with P & Z on Thursday, Jan. 26th: 1) Sole ingress from Center and sole egress onto Rosetree. 2) A one way parking lot at the back (eastern) side of the project; parking lot noise will directly impact residences on the eastern boundary; all headlights from parking lot will shine into the two properties on Page 193 of 213 8-2 Old Business Rosetree; all vehicles must exit on a small lane with limited visibility to the east due to established vegetation, no sidewalks and typical small neighborhood uses (bikes, children walking, biking and skateboarding, dog walking,); residential and possible overflow street parking on both Rosetree and Catalpa/Center will create a bottleneck. 3) Building placement contiguous to Center/Catalpa, b) The proposed re -zoning is NOT compatible with the surrounding uses which, on three sides of the project (same side of 400 East) are single family residential. c) The project has no official affordable housing distinction at this time. In our conversations with Emily Niehaus of Community Rebuilds (which all neighbors agree is the premier affordable housing provider in Moab) we were apprised of the fact that the current preliminary MOU between the Blackburn Family and Community Rebuilds will cease as of Sunday, January 29th and a more detailed, second MOU, specifying the project's AFFORDABLE HOUSING COMPONENT has not been, and will not be, signed in time for the commissioners to approve the up -zone. Because of the above, I ask the commissioners to postpone or deny the proposed zone change at this time. espectfully, Carol Mayer 444 Rosetree Lane Page 194 of 213 8-2 Old Business Dear Planning Commission, January 25, 2017 Walt and Carey Dabney submit the following comments regarding agenda item #5: 5. Public Hearing — Zone Change Application 17-0103 Moab Pueblo Map Amendment — Zone Change Application Proposed zoning map amendment for property located at 61 and 71 South 400 East, requested by the Blackburn Family (G. Gilbert, Lisa M., and J. Michelle), from R-2 Single - Family and Two Family Residential Zone to R-3 Multi -Family Residential Zone and amending the City of Moab Official Zoning Map We understand that: In considering a request for an amendment to the zoning ordinance or map, the planning commission may submit a recommendation for or against the request or it may recommend an alternate amendment. Walt and Carey Dabney at 523 Rosetree Lane request the Planning Commission take note of the following neighborhood concerns with the vehicular traffic and parking impacts that should be mitigated by revising the current draft project design included in the packet of Information Citv of Moab Planning Commission Proposed Zone Change Application which was shared with residents on both Rosetree Lane and Center Street several days ago. The current draft design snows both parking and vehicular traffic accessing the east side of the property by entering on the north side (Center Street) and departing on the south side (Rosetree Lane). These three sides of the property affected by the request for a zone change from R2 to R3 would experience negative impacts to what is currently a quiet neighborhood with residential R2 characteristics. In reviewing the packet of information we received, (Relationship to the Moab Municipal Code 17.04.060 part D.) the developer stated that "Should any adverse impacts be identified in the future, they will be mitigated." A change from R2 to R3 also includes the following language: R3 17.48.010 Objectives and characteristics: The objective in establishing the R-3 residential zone is to provide appropriate locations within the city for high density residential development. In general, this zone is located in the central part of the city, adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is characterized by more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. The address of the property in question is 61 and 71 South 400 East. 400 East is directly adjacent to the existing R3 zone and siting both the ingress and egress, as well as the parking on the west side of the development would support both the current R2 zone and proposed R3 Zone. We have shared this information with both the Blackburn family and with the neighbors impacted by this proposed zone change request and believe that mitigating the impact of vehicular traffic and parking by moving those impacts to 400 East is both a reasonable request and one supported by City code. Th a ma dl 01 a you for the opportunity to submit these comments. Walt and Carey Dabne Page 195 of 213 RECEIVED JAN 2 5 2017 BY: 8-2 Old Business CM Y O;,15OAB f MOAB CITY COUNCIL MEETING March 14, 2017 PL-17-37 Agenda ltem g-1 Title: Consideration of Ordinance #2o17-04 and an Application for a Code Amendment to Moab Municipal Code Chapter 17.3o.020, C-5 Neighborhood Commercial Zone, Use Requirements, Adding Bike Shops to the Allowed Uses as Referred by the Planning Commission Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Pat Scherer Background/Summary: The City has received an application to amend the "Use requirements" in the C-5 Neighborhood Commercial Zone as established in Chapter 17.30.020. The application was submitted by Mr. Patrick Scherer and proposes that "Bike shops" be an allowed use. The uses in the C-5 are varied and have some similarities to the requested use of a bike shop. The intent of the C-5 Zone is for the primary purpose of providing a location where commercial establishments can be located where people who live in the surrounding neighborhood can obtain daily household goods and services conveniently. The zone is characterized by stores, shops and establishments situated in landscaped surroundings that are maintained in harmony with amenities of adjacent residential development. The following table contains the allowed uses: C-5 Use Requirements Convenience establishments Parking lots Pet shops Signs Rest homes Schools and other public buildings Child care center Cafes Gymnasiums Apartments Two-family dwellings Single family dwellings Fraternal organization lodges Medical clinics Professional offices Grocery stores less than three thousand square feet Veterinary clinics with no outside kennel or livestock pen 1 Agenda Page 196 of 213 9-1 New Business The Planning Commission held a public hearing on February 9, 2017. Subsequent to the hearing, discussion, and consideration of the staff recommendation, the Commission voted 4-o to favorably refer the text amendment to City Council to approve. Process: A public hearing before Planning Commission is required by MMC Chapter 17.04, Zoning Map Amendments and Text Amendments. A recommendation is required to be submitted to the Council, and City Council may elect to hold a separate public hearing. A detailed account of the process is located below. Options: The Council can: 1. Adopt Ordinance #2017-04 as drafted and approve the text amendment to Chapter 17.30.020; 2. Adopt Ordinance #2017-04 with changes; 3. Vote to not adopt Ordinance #2017-04 and state their reasons; 4. Table the application until a later date and request additional information Staff Recommendation: Staff agrees with the Planning Commission. The use of a bike shop would have less impacts on a neighborhood than a 3,000 square foot grocery store, a school, a clinic or some of the other allowed uses. It is similar to the use of "pet shop". Recommended Motion: I move to adopt Ordinance #2017-04 approving the application for a text amendment to add bike shops to the C-5 Zone, Use requirements, found in Chapter 17.30.020. Attachment(s): Draft Ordinance #2o3.7-o4 Background and Justification Narrative Addendum Moab Municipal Code (MMC) 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Agenda Page 197 of 213 9-1 New Business B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) Agenda Page 198 of 213 9-1 New Business DRAFT ORDINANCE #2017-04 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE SECTION 17.30.020, USE REQUIREMENTS, FOR THE C-5, NEIGHBIRHOOD COMMERCIAL ZONE WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City received an application for a Code text amendment from Mr. Patrick Scherer, 1575 Old Mail Trail, Moab, Utah, 84532, as owner of record of a parcel located in the C-5 Zone that requests amending code section 17.30.020 by adding the use of a bike shop to the list of allowed uses; and WHEREAS, the proposed use is similar to the existing allowed retail uses of pet shops and grocery stores less than three thousand square feet; and WHEREAS, the proposed use has fewer impacts than most of the other allowed uses of convenience establishments, parking lots, schools and other public buildings, child care centers; cafes, gymnasiums, apartments, one- and two-family dwellings, fraternal organization lodges, medical clinics and professional offices, or veterinary clinics with no outside kennel or livestock pen; and WHEREAS, the Moab Planning Commission held a duly advertised public hearing on February 9, 2017, to hear and decide the merits of said amendment; and WHEREAS, the Commission, subsequent to reviewing the public testimony and the recommendation of Staff, favorably recommends to Council by a _-_ vote that the suggested amendment be adopted; and, WHEREAS, Council agrees with the Planning Commission that the proposed use is in compliance with MMC Chapter 17.30.010, Objectives and characteristics, which states: "The C-5 neighborhood commercial zone has been established for the primary purpose of providing a location where commercial establishments can be located where people who live in the surrounding neighborhood can obtain daily household goods and services conveniently. This zone is characterized by stores, shops and establishments situated in landscaped surroundings that are maintained in harmony with amenities of adjacent residential development." NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.30.020 Use requirements. The following buildings, structures and uses of land shall be permitted in the C-5 zone upon compliance with the requirements set forth in this title: A. Convenience establishments as defined in this title; B. Parking lots; C. Pet shops; D. Signs; E. Rest homes; F. Schools and other public buildings; Agenda Page 199 of 213 9-1 New Business DRAFT G. Child care center; H. Cafes; I. Gymnasiums; J. Apartments; K. Two-family dwellings; L. Single family dwellings; M. Fraternal organization lodges; N. Medical clinics; O. Professional offices; P. Grocery stores less than three thousand square feet; Q. Veterinary clinics with no outside kennel or livestock pen; R. Bike shops; and S. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66 (Planned Unit Developments) of this title relating to large-scale developments. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _th day of , 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 200 of 213 9-1 New Business Date: 11 Jan2017 To: Department of Planning and Community Development From: Double Down Bike Shop Re: Text Amendment for C5 Neighborhood Commercial Zoning Double Down Bike Shop is respectfully requesting a use -by -right text amendment for the C-5 neighborhood commercial zone, adding "bike shop". The proposed property address is 350 South 400 East. The business plan is a "boutique" bike shop offering rentals, sales and repairs of a single brand, Canfield Brothers. Based out of Bellingham, Washington, the Canfields have always had a special relationship with Moab. As a web based Mountain Bike company, this will be their first and only bike shop. Historically, this address has been used as a medical office, retail clothing and used goods store, coffee shop, video store and professional office. Currently, within close proximity, there is a small grocery store, a fast-food restaurant, two large new office buildings, a motel, a barber shop, a bike touring company and a large commercial building which was most recently a retail space. This area, in line with the general plan, has become a commercial hub adjacent to Main Street. This location is ideal for a bike shop due to its proximity to Moabs own trail system. Currently there is no retail space available on main street. Obtaining land and building is not economically feasible and further impacts our infrastructure. With the heavy traffic on Main Street, biking has become more dangerous with increasing motor vehicle versus bike accidents. From this Iocation, bikers may access the Slickrock, Kane Springs and Bar M trails via bike paths and lanes with never touching Main Street. Recently, there has been concern for excessive noise in town due the increased motorized traffic. As a bike hub, this location may actually decrease motorized traffic. Impact on neighboring properties shall be positive. Adjacent businesses are within walking distant and should benefit economically. The normal daytime hours should not impact the non-commercial neighbors. This property has had a very high turnover the previous twenty-five years. We are confident in our business model and plan on improvements to the building and land with no added burden to our waste water treatment plant. Just as Daves Corner Market has become a place for people to congregate and socialize, we plan for our shop to have a similar local Moab flavor. The owners of Double Down have nearly four decades of residence in Moab and are acutely aware of the wage and housing crisis in Grand County. Our goal is to provide employment that is emotionally and fiscally rewarding. Page 201 of 213 9-1 New Business MOAB CITY COUNCIL MEETING March 14, 2017 —'1" PL-17-38 Agenda item #9-2 Title: Review and Adoption of Resolution 2o-zos7 Approving a Two -lot Minor Subdivision for Property Located at 8io Mill Creek Drive and Accepting a Portion of Right -of -Way for Peartree Lane In the R-z Zone Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Dee and Helen Tranter Background: Mr. Dee Tranter has applied for a minor subdivision of his property located at 810 Mill Creek Drive. The zoning is R-2, Single-family and Two-family Residential Zone. The subdivision will create two lots from a single .67-acre (29,185 square feet) parcel. Lot 1 will consist of .40 acres or 17,614 square feet, and Lot 2 will be .27 acres or 11,903 square feet. The minimum lot size in the R-2 is 5,000 square feet. Access to the new "Lot 2" will be from Pear Tree Lane and a dedication of right-of-way for the street is required as shown on the plat. This area was formerly dedicated as an access easement and the plat formalizes that the access will now be a public street right-of-way. Water service is provided by the city and sewer is provide by GWSSA. The agency was notified that the subdivision has been proposed. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing 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 Agenda Page 202 of 213 9-2 New Business Page 2 of 2 (vi) The plat is approved by the Moab City Council; (vii) An amended plat showing the vacation, alteration, or amendment is signed by the City Council and recorded in the office of the county recorder in which the land is located; and The document must be recorded at the Grand County Recorder's Office at 125 East Center Street, Moab, Utah, within ninety (90) days of approval by the City Council. Issues The full Pear Tree Lane access was not dedicated as a right-of-way but over time, easements for utilities and access have been granted. Dedication of the right-of-way for the street is indicated on the plat in accordance with Utah Code 10-9a-607, Dedication of streets and other public places. Also, the applicant will not be required to develop the public improvements, but the obstructions in the Pear Tree Lane right-of-way shall be removed to the appropriate setbacks at the time of construction of the street improvements. Options: The City Council can: 1. Adopt Resolution #20-2017 and approve the two -lot minor subdivision with the suggested conditions listed in the recommended motion below; 2. Vote to not adopt Resolution #20-2017 and state their reasons; 3. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff agrees with the Planning Commission and recommends that Council adopt Resolution #20-2017 and conditionally approve the two -lot Dee Subdivision. Recommended Motion: I move to adopt Resolution #20-2017 to conditionally approve the Dee Subdivision with the following conditions: 1. Pear Tree Lane Right-of-way, as shown on the plat, shall be dedicated to the City for the construction of future street improvements; 2. All obstructions in the right-of-way of Pear Tree Lane shall be removed to the required setbacks prior to the start of future construction of the street improvements. Attachment(s) Aerial Draft Resolution 20-2017 Planning Resolution 13-2017 Narrative Plat Agenda Page 203 of 213 9-2 New Business CITY OF MOAB RESOLUTION #20-2017 A RESOLUTION CONDITIONALLY APPROVING THE FINAL PLAT FOR THE DEE SUBDIVISION, ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, T. Dee and Helen Tranter, with a mailing address of 810 Millcreek Drive, Moab, Utah 84532, has applied to develop a minor, two -lot subdivision; and, WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and drawings to complete the application for the Final Plat -Phase II of the proposed subdivision; and, WHEREAS, the City of Moab Planning Commission ("Commission") held a public meeting to review the proposal on March 9, 2017; and, WHEREAS, the City Council ("Council") held a public meeting to review the Final Plat for Dee Subdivision on March 14, 2017; and, WHEREAS, Council found that the proposed lots meet or exceed the minimum required lot size for detached single family residences of five thousand (5,000) square feet for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code and, WHEREAS, Council, having considered Staff recommendations and discussed the pertinent aspects of the development, determined that the proposed final plat of the Dee Subdivision, has met or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code and other applicable regulations. NOW, THEREFORE, be it resolved by the Moab City Council that with the adoption of Resolution #20-2017, hereby approves Phase II of the Valley View Subdivision with the following condition: 1. Pear Tree Lane Right-of-way, as shown on the plat, shall be dedicated to the City for the construction of future street improvements; 2. All obstructions in the right-of-way of Pear Tree Lane shall be removed to the required setback prior to the start of future construction of the street improvements. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on March 14, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 204 of 213 9-2 New Business RESOLUTION 13-2017 A RESOLUTION RECOMMENDING TO CITY COUNCIL CONDITIONAL APPROVAL OF THE DEE SUBDIVISION, A TWO LOT MINOR SUBDIVISION, OF PROPERTY LOCATED AT 810 MILLCREEK DRIVE WHEREAS, Dee and Helen Tranter, "Owners" of a .67-acre parcel of land located in the R-2 Zone at 810 Mill Creek Drive, have applied for a minor subdivision to create two lots; and WHEREAS, the Owners desire to construct a single family home on Lot 2 of the property, a flag lot as defined in MMC Chapter 17.06, Definitions, for their future use, and the properties are located in the R-2, Single-family and Two-family Residential Zone as established in MMC 17.45; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed two -lot minor subdivision as required in MMC Chapter 16.08.020; and WHEREAS, Lot 1 will consist of 17,614 square feet (.40 acre) and Lot 2 will consist of 11,903 square feet (.27 acres) and both lots exceed the minimum lot size of 5,000 square feet for the R-2 Zone; and WHEREAS, the proposed dimensions for lot frontage meet or exceed the minimum lot width of 50 linear feet adjacent to a street for Lot 1 (MMC Chapter 17.45), and the lot width of 20 linear feet for a flag -shaped lot MMC Chapter17.06); and WHEREAS, the Moab Planning Commission reviewed the application for the Dee Subdivision in a regularly scheduled meeting on March 9, 2017, to review the application and subsequently adopted Resolution 13-2017 recommending conditional approval to the City Council; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on _, 2017, appraised the proposed minor subdivision for compliance with the Moab Municipal Code Chapter 16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a public hearing if: A. The subdivision plan shall have been approved by the planning commission, the planning coordinator, the city engineer, the city attorney, other agencies the zoning administrator deems necessary, and the city council; B. The subdivision is not traversed by lines of a proposed street, and does not require the dedication of any land for street or other purposes; C. Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority; D. All final plat requirements shall be complied with; E. All provisions of Chapter 16.20 of this title shall be complied with; and F. The water supply and sewage disposal shall have been approved by the utility supervisor. WHEREAS, subsequent to the consideration of the Staff recommendation and having reviewed the technical aspects of the pertinent code sections, and pursuant to Resolution #13-2017, the City of Moab Planning Commission hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB PLANNING COMMSISION, the application for the Dee two lot minor Subdivision is hereby recommended to City Council with the following conditions of approval: 1. Right-of-way for Pear Tree Lane shall be dedicated, as shown on the plat, to the City for the construction of future street improvements; Resolution #27-2016 Agenda Page 1 of 2 Page 205 of 213 9-2 New Business 2. All obstructions in the right-of-way of Pear Tree Lane shall be removed to the required setback prior to the start of future construction of the street improvements. Laura Uhle Chair Resolution #13-2016 Page 2 of 2 Date Agendt. Page 206 of 213 9-2 New Business To Moab City Council and Planning Commission: About two years ago our son was having trouble finding affordable housing for his family (two adults and six children aging from infant to sixteen), so we let them move into our home on MillCreek Drive and we moved into our RV. Recently we were notified by the City that we were in violation of a city ordinance regarding the living in an Rv within the city. Because of that and several other reasons, we considered remodeling the garage into a small apartment but realized, that would be little better than living in our RV. As a result it was suggested that since we have a large enough lot, we could do a minor subdivision. We have found a manufactured home we can move into right away, giving the two of us a permanent place to live. We are anxious to move out of the RV for several reasons, first to be in compliance with the City ordinance, and one of the other reasons is to have more living space. We hope to have City approval of this named subdivision just as soon as possible. Thank you, Dee and Helen Tranter Page 207 of 213 RECEIVED FEB 0 3 2017 BY: 9-2 New Business .Ii GRAPHIC SCALE 20 0 10 20 1" (INCH) = 20 ' (FEET) RED DBE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 FINAL PLAT OF DEE SUBDIVISION A SUBDIVISION OF A PARCEL OF LAND LOCATED IN THE NE QUARTER OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN MOAB, GRAND COUNTY, UTAH Site address: 810 MILLCREEK DR MOAB, UT 84532 Project 011-17 1 Date 1/31/17 Sheet 1 OF 1 Page 208 of 213 (TIE) WEST 1393.6' NORTHEAST 1 CORNER SECTION 7, T265, R22E, I SLUM +EAST QUARTER CORNER SECTION 7, T25S, R22E, SLB&M LOCATED IN THE NE QUARTER OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN CITY ENGINEERS APPROVAL APPROVED BY THE MOAB CITY ENGINEER THIS DAY OF , 2017. Surveyor's Certificate I, Lucas Blake, do hereby certify that I am a Registered Utah Land Surveyor, and that I hold certificate no. 7540504 as prescribed under the laws of the State of Utah, and I further certify that under authority of the owners, I have made a survey of the tract of land shown on this plat and described below, and have subdivided said tract of land into lots and streets, hereafter to be known as DEE SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Boundary Description Beginning at a corner which bears North 00°29' East along the section line 1083.1 feet (record=North 1083.0') and West 1393.6 feet (record=1384.7) from the East Quarter corner Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian and running thence North 29°50' West 156.1 feet; thence South 65°39' West 152.8 feet; thence South 21°50' East 50.7 feet; thence South 65°39' West 20.0 feet; thence South 21°50' East 87.0 feet; thence South 29°50' East 132.6 feet; thence North 69°45' East 78.7 feet; thence North 27°18' West 110.1 feet; thence North 60°27' East 108.5 feet to the point of beginning, Lucas Blake License No. 7540504 OWNER'S DEDICATION Know all men by these presents that , the undersigned owner( ) of the above described tract of land having caused same to be Subdivided into lots abd streets hereafter to be known as the DEE SUBDIVISION Do hereby dedicate for perpetual use of the public all parcels of land shown on this plat as intended for public use. In witness whereof have hereunto set A.D., 2016. ON THE this day of ACKNOWLEDGMENT DAY OF , 2017 PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY OF IN SAID STATE OF UTAH, THE SIGNER( ) OF THE ABOVE OWNER'S DEDICATION, IN NUMBER, WHO DULY ACKNOWLEDGED TO ME THAT THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED, MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN CITY MAYOR PRESENTED TO THE MOAB CITY MAYOR THIS DAY OF , 2017. SUBDIVISION APPROVED. ATTEST: MAYOR, MOAB CITY COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE COUNTY RECORDER FEE 9-2 New at SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS C2 Moab LLC, a Utah Limited Liability Company, ("C2 Moab"), and Moab City, a municipality and political subdivision of the State of Utah ("City"), (sometimes collectively referred to as the "Parties"), hereby enter into this Settlement Agreement and General Release of All Claims (the "Agreement") as of this day of , 2017, for the purpose of settling and resolving certain claims, controversies and disputes between them on the terms and conditions and for the considerations set forth below. 1. Intent of the Parties. There is a dispute between the Parties with respect to the application of City of Moab Ordinance No. 2016-15 enacting a moratorium ("Moratorium")on new connections to the City of Moab Waste Water Treatment System (the "Ordinance") and whether Phases 4-7 of C2 Moab's Entrada Project are vested and should have been included among the Priority Connections that were excluded from the applicability of the Ordinance, which resulted in the filing of that certain legal action now pending in the Seventh Judicial District Court for Grand County, State of Utah, captioned C2 Moab, LLC v. Moab City, a Utah municipal corporation, Case No. 160700052 (the "Litigation"). Without waiving or conceding their respective positions in the Litigation, it is the intent and purpose of the Parties to this Agreement to fully and completely settle, compromise and resolve all claims and controversies between them arising out of or in any way referring or relating to the Ordinance and the Litigation. 2. Dismissal of Litigation. The Parties hereby agree that a stipulation and order shall be executed by counsel for the Parties and filed in the Seventh Judicial District Court dismissing the Litigation with Prejudice and upon the merits, with all parties to bear their own costs and attorney's fees. 3. Approval of Building Permits and Certificates of Occupancy. C2 Moab has previously received final plat approval for Phases 4-7 of the Entrada Project. As part of this agreement, the City hereby agrees to grant building permits for Phases 4-7 of the Entrada Project and certificates of occupancy upon completion of units and satisfaction of all other relevant requirements of the City, but without regard to the Ordinance or the Moratorium. 4. General Release of All Claims. As part of this Agreement, C2 Moab, for and on behalf of itself and its agents, indemnitors, insurers, successors, and assigns, hereby releases and forever discharges the City, together with its elected officials, appointed officials, employees, agents, indemnitors, insurers, successors, and assigns, from any and all claims, demands, liabilities, damages, causes of action, costs and expenses, including attorney's fees, arising out of or in any way related to the Ordinance, the Moratorium and the Litigation. 5. Integration. This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and integrates all prior conversations, discussions or undertakings of whatever kind of nature and may only be modified by a subsequent writing duly executed by the Parties hereto. Agenda Page 209 of 213 6. Counterparts. This document may be executed in one or more counterparts, which together shall constitute one and the same document. 7. Amendment. This Agreement or the rights and obligations contained herein may not be modified, superseded, or supplemented except by an instrument in writing signed by the parties hereto. 8. Additional Acts. The parties shall do such further acts and things and shall execute and deliver such additional documents and instruments as may be necessary or reasonably required by a party or its counsel to obtain approvals or other benefits described herein. 9. Authorization. Each individual executing this Agreement does thereby represent and warrant to the other signers that the individual has been duly authorized to execute and deliver this Agreement in the capacity and for the party specified. 10. Mutual Participation in Document Preparation. Each party has anticipated materially in the negotiation and preparation of this Agreement and any related items; in the event a dispute concerning the interpretation of any provision of this Agreement or any related item, the rule of construction to the effect that certain ambiguities are to be construed against the party drafting a document will not apply. 11. No Third -Party Beneficiary Interests. Nothing contained in this Agreement is intended to benefit any person or entity other than the Parties to this Agreement; and no representation or warranty is intended for the benefit of , or to be relied upon by, any person or entity which is not a party to this Agreement. 12. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective heirs, representatives, officers, agents, employees, members, successors and assigns. WHEREFORE, the parties have executed the foregoing to be effective the date first appearing above. [Signatures and Acknowledgments on Next Page] Agenda Page 210 of 213 STATE OF UTAH :SS. COUNTY OF SALT LAKE C2 MOAB, LLC By: Its: On this day of , 2017, before me personally appeared, known to me to be the person who executed the Settlement Agreement and General Release of All Claims herein in behalf of C2 Moab, LLC, and acknowledged to me that he/she executed the same for the purposes therein stated. STATE OF UTAH :SS. COUNTY OF SALT LAKE Notary Public MOAB CITY, a Utah municipal corporation By: Its: On this day of , 2017, before me personally appeared, known to me to be the person who executed the Settlement Agreement and General Release of All Claims herein in behalf of Moab City, a Utah municipal corporation, and acknowledged to me that he/she executed the same for the purposes therein stated. Agenda Page 211 of 213 Attest: City Recorder Notary Public Agenda Page 212 of 213 City of Moab Regular Council Meeting Schedule 2017 The City of Moab will hold Regular City Council Meetings at 7:00 PM with workshops beginning at 6:30 PM on the second and fourth Tuesdays of each month. All Regular City Council Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: January 10 January 24 February 14 February 28 March 14 March 28 April 11 April 25 May 9 May 23 June 13 June 27 July 11 July 25 August 8 August 22 September 12 September 26 October 10 October 24 November 14 December 12 /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 22 and 29, 2016. Agenda Page 213 of 213