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PKT-CC-2017-03-28
Moab City Council March 28, 2017 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 199 Agenda Page 2 of 199 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 28, 2017 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 11, 2017 1-2 February 28, 2017 CITIZENS TO BE HEARD PROCLAMATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for March 2017 for Helen M. Knight School 3-2 Mayoral Proclamation of April 4, 2017 as National Service Recognition Day in Moab PRESENTATIONS 4-1 Update on Civilian Conservation Corps (CCC) Sign from the Bureau of Land Management PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Southeastern Utah March for Science 1. Approval of Special Event License on April 22, 2017 2. Approval of Special Use of Swanny City Park on April 22, 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 Approval of a Private Property Vendor License for Helen Rohr, d.b.a. Food Tank LLC, Located at 239 W. Center Street for a term of April 1, 2017 to April 1, 2018 6-4 Approval of a Private Property Vendor License for Kenneth N. Hauk II, d.b.a. Hauk Designs LLC Home of River Raider Offroad, Located at 301 South Main Street for a term of April 9 to 16, 2017 Agenda Page 3 of 199 SECTION 7: CONSENT AGENDA 7-1 Consideration and Possible Approval of a Request for a Donation of Surplus Equipment to the Moab Valley Fire Department 7-2 Consideration and Possible Approval of two Procurement Exceptions as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For an Equipment Purchase with Semi Service Inc. for a Dump Body not to exceed $8,309.61 and with Ken Garff Ford for a Ford F350 Truck not to exceed $24,348.71 7-3 Request for Approval of an Amplified Music Event at Old City Park on May 13 and 14, 2017 7-4 Approval of a Request to Send Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property Located at 435 Riversands Road to the City of Moab to a Public Hearing on April 11, 2017 at approximately 7:15 PM 7-5 Approval of Proposed Resolution #22-2017 — A Resolution of The Governing Body of The City of Moab Allowing Found Propery Bicycles To Be Donated To Non -Profit Organizations, The Grand County Middle School And The Multi -Cultural Center And Sending All Other Valuable Property To Propertyroom.Com For Disposition 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 Approval of Award and Agreement for Construction Services with Alder Construction for the new Moab City Wastewater Treatment Plant in an amount not to exceed $13,086,000 8-3 Approval of the Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and Approval of the Construction Reimbursement Agreement between the City of Moab and Club Utah Resort Group, LLC 8-4 Approval of Proposed Resolution #23-2017 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of City Manager for a Set Term SECTION 9: NEW BUSINESS 9-1 Request from Housing Authority of Southeastern Utah to Amend the Scope of Work for Community Development Block Grant Project 9-2 Commercial Site Plan Review —Verbal Update 9-3 Discussion Regarding Proposed Rules of Procedure for Council Meetings 9-4 Request for Approval of New Job Descriptions: 9-4.1 Sustainability Director 9-4.2 Communicaitons and Engagement Manager 9-4.3 Senior Project Manager 9-5 Request for Approval of a Services Agreement with ADP for Payroll and HR Related Service Agenda Page 4 of 199 SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: READING OF CORRESPONDENCE SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 5 of 199 MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL CITY COUNCIL RETREAT MEETING February 11, 2017 The Moab City Council held a Special City Council Retreat Meeting on the above date at the Gonzo Inn located at 100 West 200 South in 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 9:00 AM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kalen Jones, and Kyle Bailey. Also in attendance were City Manager David Everitt and City Recorder/Assistant City Manager Rachel Stenta, Administrative Assistant Carmella Galley, City Engineer Phillip Bowman, Public Works Director Pat Dean and Community Services Director Amy Weiser. One member of the audience was present. Facilitators Kathleen Kelly and Craig Sanchez were also present. The purpose of the retreat was to set goals and discuss priorities for calendar year 2017. There were no resolutions or other public actions. Topics discussed included: Infrastructure and capital projects including the waste water treatment plant, water tank, and streets; transportation planning, including traffic calming and traffic noise; general plan and downtown plan completions; code revisions; housing, including essential and affordable housing and density; responsible growth; improved communication and transparency with the community; and event planning that minimizes impacts on the community. Councilmember Bailey moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 2:30 PM. APPROVED: David L. Sakrison February 11, 2017 Agenda ATTEST: Rachel E. Stenta Page 1 of 2 Page 6 of 199 SPECIAL RETREAT MEETING & ATTENDANCE WORKSHOP ADJOURNMENT Minutes 1-1 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING FEBRUARY 28, 2017 Regular Meeting & Attendance: 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. Pre -Council Workshop: Mayor Pro-Tem Tawny Knuteson-Boyd called the Workshop to order at 6:33 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 Attorney Chris McAnany, City Engineer Phillip Bowman, City Treasurer Jennie Ross, Community Services Director Amy Weiser, Planning Dir ctor Jeff Reinhart, Planning Assistant Sommar Johnson, and Parks, Recreation, and Trails Dire o��tIf Miller. The Workshop consisted of questions and discussion between Council and staff. Councilmember Jones asked City Engineer Bowman about the bidding process to retain the services of the Waste Water Treatment Plant engineering firm. City Manager David Everitt stated he will apprise the Council about the City's infrastructure planning efforts as they relate to the City's ten-year plan, as well as for the upcoming budget planning process. The budget amendment was briefly discussed, and Everitt mentioned that the proposed hydrology study and drinking water source protection plan updates are requested to be added into the budget amendment. City Engineer Bowman) answered questions about the proposed Community Impact Fund Board (CIB) project priority list, including drainage improvements on north Highway 191 and in Spanish Valley. Councilmember Jones asked about vendor applications and available parking. City Recorder/Assistant City Manager Stenta stated that staff did a parking analysis for the popular Main Street vendor locations in the past, and will do another one next year. City Manager David Everitt touched on the code revision process. Councilmember Jones asked about the prioritization process for the revision process. Councilmember Jones mentioned a memorandum he sent to other Council members earlier in the day about the Conditional Use Permit (CUP) proposed for the evening's agenda. Regular Meeting Called to Order: Mayor Pro Tem Knuteson-Boyd called the Regular City Council Meeting to order at 6:58 PM and led the Pledge of Allegiance. Sixty-eight members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the February 1 and 8, 2017 meetings. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: The following Citizens were heard: Grand County citizen Floyd Dean spoke about the location of the proposed water tank in Spanish Valley and requested that the Council reconsider moving the proposed tank location 750 feet to the north. Page 1 of 7 Agenda Page 7 of 199 Minutes 1-1 Moab City citizen Christina Sloan spoke about Utah House Bill 253 that would limit the City's ability regarding limiting short term rentals in residential zones. Student of the Month: Mayor Pro-Tem Knuteson-Boyd presented Aiden Gordon with the Mayor's Student Citizenship of the Month Award for February, 2017 for Helen M. Knight School. Special Events Licenses: Moab Farmers' Market - Approved Motion and Vote: Councilmember Ershadi moved to approve licenses and permits for the Moab Farmers' Market to be held on selected Friday evenings from May through October, 2017 at Swanny City Park as follows: 1) Special Business Event License; 2) Park Use Permit for Swanny City Park; 3) A License Fee waiver not to exceed $290 and a Park Use Fee waiver of $35 per week for the duration of the event. Councilmember Bailey seconded the motion. The motion carried 5 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Moab Free Concert Series - Approved Motion and Vote: Councilmember Derasary moved to approve licenses and permits for the Moab Free Concert Series to be held on selected Friday evenings in July, 2017 at Swanny City Park as follows:. 1) Special Business Event License; 2) Park Use Permit for Swanny City Park; 3) A License Fee waiver not to exceed $290 and a Park Use Fee waiver of $35 per week for the duration of the event; 4) Granting of a Local Consent for a Single Event Permit with the state of Utah; 5) Approval of a Park Alcohol Permit for Swanny City Park; 6) Approval of a Class IV Beer License. Councilmember Jones seconded the motion. Applicant Melissa Schmaedick commented on the music events and the Farmers' Market moving to Friday evenings. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Skinny Tire Festival - Approved Motion and Vote: Councilmember Bailey moved to approve a Special Business Event License for the Skinny Tire Festival to be held March 11 to 14, 2017. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Moab Cowboy Country Off Road Adventures - Approved Motion and Vote: Councilmember Jones moved to approve a Vendor License for Christine and Kent Green, doing business as Moab Cowboy Country Off Road Adventures, located at 83 South Main Street for a term of March 1, 2017 to February 28, 2018. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Yummytown LLC - Approved Motion and Vote: Councilmember Ershadi moved to approve a Vendor License for Joelle Riddle and Max Schon, doing business as Yummytown LLC, located at 83 South Main Street for a term of April 1, 2017 to December 31, 2017 and February 1, 2018 to March 31, 2018. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Page 2 of 7 Agenda Page 8 of 199 Minutes 1-1 New Business: Resolution #14-2017 - Lionsback Zoning Status Agreement - Approved 47:12 Under Discussion, Consideration and Possible Approval of Proposed Resolution #14-2017 — A Resolution Approving a Zoning Status Agreement for the Lionsback Resort. Legal Counsel Jon Andrews for the School and Institutional Trust Administration (SITLA) discussed topics related to the agenda item and the disputes between SITLA and the City regarding the Zoning Status Agreement. Discussion: Councilmember Derasary asked about the number of parking spaces for the development. Councilmember Ershadi asked about the open space requirement in light of comments received from Jeff Adams of the Canyonlands Watershed Council about different interpretations for calculating open space. City Attorney McAnany asked if the revision would be reviewed by staff to ensure the development meets compliance for the Sensitive Area Resort (SAR) zone. Councilmember Derasary asked about maximum occupancy and Planner Reinhart stated the number would be fluid. City Manager David Everitt mentioned that the factors being inquired about were r bpon the agenda. City Attorney McAnany pointed out that what is at issue is whether the requested=changes are major or minor, and he illustrated the factors under consideration. Councilmember Ershadi asked if the zoning status agreement is approved, would SITLA withdraw; the answer from Jon Andrews was they would not. Councilmember Ershadi also asked about the timeline for traffic studies and stated her concern about traffic during the construction phase and the first six months after occupancy before a new traffic study is done. Councilmember Ershadi then asked about the quality and quantity of water, and whether the development could harm the City's water supply. Andrews stated the 2010 Drinking Water Source Protection Plan previously approved by the City outlines mitigation to threks to drinking water quality. Councilmember Ershadi also asked if changes to the Drinking Water Source Protection Plan could be implemented if the agreement is approved. City Attorney McAnany explained that new data is always helpful and could inform future decisions but it is not germane to this decision point; McAnany stated the Water Protection Plan could and should be updated, and new requirements can be enacted by agreement. Motion and Discussion: Councilmember Jones moved to approve Proposed Resolution #14-2017 - A Resolution Approving a Zoning Status Agreement For the Lionsback Resort. Councilmember Bailey seconded the motion. Councilmember Jones stated his support after researching the proposal. Councilmember Bailey stated he would vote no, and added he also voted no in 2008. Councilmember Derasary stated she did not support the suggestion that amendments constituted a minor change. Councilmember Ershadi stated her appreciation for all the effort, and she had to support the motion as the pragmatic choice. Councilmember Derasary noted that the pragmatic thing to do would be for SITLA to work with the City, within the code. Councilmember Bailey stated that he felt prior City management fostered this process. City Manager David Everitt pointed out that SITLA has the right to withdraw from working with the City. Vote: The motion passed with Councilmembers, Jones, Knuteson-Boyd, and Ershadi voting aye. After the vote, Councilmember Ershadi wanted to change her vote and City Attorney McAnany stated it may be possible at a future meeting pending legal review. Climate Reality Project - Approved Motion and Vote: Councilmember Derasary moved to approve a Committed Partnership Letter Agreement between the City of Moab and The Climate Reality Project. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Page 3 of 7 Agenda Page 9 of 199 Minutes 1-1 Ordinance #2017-07 - Zoning for 61 and 71 South 400 East - Tabled 1:49 Motion and Vote: Councilmember Ershadi moved to approve 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 Official Zoning Map of the City of Moab, as Referred to City Council by the Planning Commission. Councilmember Derasary seconded the motion. Discussion: City Planner Reinhart presented an overview of the zoning change request. Councilmember Bailey asked for clarification that the property in question equals 1.81 acres. Planner Reinhart confirmed that is does. Councilmember Derasary asked if the reason for the proposed up -zone was to create more density. Applicant Michelle Blackburn spoke about the reasons for the change in the zone. Councilmember Ershadi stated that it appears to be a fair request for a rezone. Councilmember Jones stated he did not support the rezone because it is incompatible with the surrounding neighborhood and that 400 East creates a buffer between the zones. Councilmember Bailey asked City Planner Reinhart about the Planning Commission's view of the future of 400 East or if the requests are being considered piecemeal. Councilmember Bailey stated his desire for a more comprehensive view within the context of the revisions to the General Plan. Councilmember Ershadi stated her support of increased density downtown. Councilmember Jones stated he was not willing to adopt an up -zone before the new zoning plan was adopted. Councilmember Jones stated there is no guarantee that an R-3 designation with this property would go in the direction promised. City Attorney McAnany and City Manager Everitt discussed Council concerns that could be discussed in the coming weeks if the Council needed more time. Motion to Table and Vote: Councilmember Derasary moved to table the motion pending legal review. Councilmember Bailey seconded the motion to table. The motion to table passed 3-2 with Councilmembers Bailey, Knute , and Derasary voting aye and Councilmembers Ershadi and Jones voting nay. Communities that Carey Approved - 2:17 Motion and Vote: Councilmember Derasary moved to approve a Memorandum of Understanding between the City of Moab and Moab Regional Hospital Regarding Communities that Care. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Golf Course Lease — No Action Discussion: The Council discussed the Golf Course Lease Agreement. City Manager David Everitt stated the lease on the City's land has expired. Ross Tabberer from the Moab Country Club Board and Rob Jones, Golf Pro, presented a state -of -the -golf -course report. They discussed the need for a replacement of the irrigation system, which will cost in excess of one million dollars. City Manager David Everitt suggested that when the City considers renewing the lease, terms or funding mechanisms could be considered to assist with the irrigation project. Councilmember Bailey mentioned the good stewardship of the Course, yet he would like to see a management plan, specifically regarding environmental impacts on the aquifer and irrigation, in the new lease language. Bailey suggested the Community Impact Fund Board (CIB) may be an option for funding this irrigation project, with the Mayor's input. Resolution #03-2017 Conditional Use Permit Mill Creek Multi family Housing Project — Tabled 2:50 Motion: Councilmember Jones moved to approve Proposed Resolution #03-2017 — A Resolution Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek Multi - Page 4 of 7 Agenda Page 10 of 199 Minutes 1-1 family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone, with conditions. Councilmember Bailey seconded the motion. Discussion: Councilmember Ershadi suggested tabling the motion until March 14. Councilmember Derasary asked about how other Councils develop conditions for Conditional Use Permits (CUPs). City Attorney McAnany explained that suggestions usually come from staff. At Councilmember Knuteson- Body's request, he also outlined the proposed conditions, which involved setback from neighboring residences, fencing, berm, landscaping, waste receptacles, exterior lighting, window coverings, HVAC noise, and building height. Christina Sloan, attorney for the developer, stated neither she nor her client had seen the proposed conditions. The developer expressed his disappointment about further delay but stated he is willing to wait. Councilmember Bailey suggested tabling the motion. City Manager Everitt suggested getting questions and feedback within forty-eight fours, so that there could be a sense of the Council's approach to the conditions prior to scheduling it for consideration on March 14. Motion to Table and Vote: Councilmember Bailey moved to taWtf e consideration of the motion to approve. Councilmember Jones seconded the motion. The motiokr-to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Resolution #06-2017 Amending the Budget - Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #06-2017 — Amending the Fiscal Year 2016-2017 Annual Budget with amendments outlined in the Council packet as well as an additional $50,000 for a water budget project. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Ordinance #2017-09 Creating the der Conservation and Drought Management Advisory Board - Approved - Motion: Councilmember Ershadi moved to approve Proposed Ordinance #2017-09 — An Ordinance creating the Moab City Water Conservation and Drought Management Advisory Board. Councilmember Derasary seconded the motion. Discussion: Discussion ensued about the cross -over between the Moab Area Watershed Council and this proposed board. City Manager David Everitt mentioned the Mayor's wish to have a diverse representation of the community, and Recorder Assistant Eve Tallman added that this board is established by ordinance to advise the Council on matters of budget, proposed policy, code, and initiatives. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda: Motion and Vote: Councilmember Bailey moved to approve the Consent Agenda. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson- Boyd, Ershadi, and Derasary voting aye. The following items were approved: 1) Moab Municipal Code 2.28-110(B) - State Approved Contracts/MPA, For an Equipment Lease with Xerox Corporation for a Copier in an amount not to exceed $21,539.40; Page 5 of 7 Page 11 of 199 Agenda Minutes 1-1 2) A Sovereign Lands Permit through the Division of Forestry, Fire & State Lands to Moab City; 3) 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; 4) Proposed Resolution #16-2017 — A Resolution Conditionally Approving the Final Plat for the Valley View Subdivision, Phase II, on Property Located in the R-2 Zoning District; 5) Task Order #17-04 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the Sanitary Sewer Master Plan project with a fee amount not to exceed $79,800; 6) Task Order #17-05 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the Moab Water Reclamation Facility Materials Testing project with a fee amnt not to exceed $40,888; 7) Task Order #380.09.100 with Hansen, Allen and Luce, Inc. accepting the Scope of Work for the Water Distribution and Storage Master Plan project with a fee amount not to exceed $68,000.; 8) Change Order #1 with Applied Geotechnical Engineering Consultants, Inc. accepting the additional scope of work for Geotechnical Consulting and Materials Testing Services at the WRF project with a fee amount not to exceed $15,500; 9) Proposed Resolution #19-2017 — A Resolution Approving the City of Moab 2017-2018 Permanent Community Impact Fund Board (CIB) Comprehensive Projects List. Infrastructure improvements to the Moab Golf Club were added to the list as an amendment; 10) Proposed Resolution #17-2017 — A Resolution Approving the Improvements Agreement for the Final Plat of Phase II of Valley View Subdivision on Property Located in the R-2 Zoning District. Council Reports: Councilmember Knuteson-Boyd and other Council members thanked Phillip Bowman for his service as City Engineer. Councilmember Jones reported that he took a night tour of the City with graduate students for a night sky project. Councilmember Ershadi planned to attend the public meeting for the new affordable housing plan. Councilmember Derasary attended the ribbon cutting for the City Center's solar panels, and highlighted other meetings she attended. Approval of Bills Againthe City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $666,850.41. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Executive Session: At 10:00 PM, Councilmember Derasary moved to enter an Executive Closed Session to Discuss Pending or Reasonably Imminent Litigation and a Strategy Session to Discuss the Purchase, Exchange, or Lease of Real �perty. Councilmember Jones seconded the motion. The motion passed 5- 0 with Councilmembers Baly Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Executive Closed Session was entered into at 10:02 PM. Councilmember Bailey made a motion to end the Executive Closed Session and enter into open session. Councilmember Jones seconded the motion. The motion carried 5-0 aye. The Executive Closed Session ended at 10:46 PM. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 10:47 PM. Page 6 of 7 Agenda Page 12 of 199 Minutes 1-1 APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 7 of 7 Agenda Page 13 of 199 Minutes 1-1 �% A g e n d a I t e m # : 4 - 1 T i t l e : U p d a t e o n C i v i l i a n C o n s e r v a t i o n C o r p s S i g n f r o m B L M F i s c a l I m p a c t : n / a S t a f f P r e s e n t e r ( s ) : T i f M i l l e r D e p a r t m e n t : R e c r e a t i o n A p p l i c a n t : n / a B a c k g r o u n d / S u m m a r y : M i c h a e l L u n d e l l w i t h t h e B L M w i l l p r e s e n t i n g t h e f i n a l u p d a t e o n t h e C C C s i g n t h a t w a s d e v e l o p e d b y B L M t o p l a c e i n R o t a r y P a r k . T h e s i g n w i l l p r o v i d e h i s t o r i c a l i n f o r m a t i o n o n t h e C C C a n d i t ' s c o n t r i b u t i o n s t o M o a b a n d s u r r o u n d i n g a r e a s . T h e s i g n i s r e a d y t o b e c o m p l e t e d p e n d i n g n o q u e s t i o n s o r c o n c e r n s f r o m c o u n c i l . O p t i o n s : n / a S t a f f R e c o m m e n d a t i o n : n / a . R e c o m m e n d e d M o t i o n : n / a A t t a c h m e n t ( s ) : C C C P a n e l s C C C P a n e l 2 A g e n d a P a g e 1 4 o f 1 9 9 Agenda Page 15 of 199 Agenda Page 16 of 199 MOAB CITY COUNCIL MEETING March 28, 2o3Z Agenda Item #: 6-1 Title: Approval of Special Event License for the 2017 March for Science to be held on Earth Day, April 22, 2017. Fiscal Impact: Requires Police and Public Works support. Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Southeastern Utah March for Science, Hannah Russell Background/Summary: The request is for a march and rally on Earth Day (happening all over the world) to demonstrate "passion for science and to sound a call to support and safeguard the scientific community." The rally will be at Swanny Park from 10:00-11:30, followed by a march (see attached map) and a concert back at Swanny Park. The entire event is free and open to the public. The City Special Events Committee reviewed the Special Event License application for the 2017 and recommends approval with the following conditions: • Port-o-potties will be required • Contact Police department for March escort • No vehicles on Swanny park greens • All usual park rules and regulations apply • Must keep moving on Main Street during the March - NO STALLING Staff Recommendation: Staff recommends approval. Recommended Motion: "I move to approve the special event application for the 2017 Southeastern Utah March for Science with the recommended conditions." Attachment(s): Special Event License Application with Attachments 1 Agenda 1 Page 17 of 199 Special Events 6-1 March for Science Event in Moab The March for Science, Southeast Utah in one of over 300 marches all over the world on Earth Day (April 22") to demonstrate "our passion for science and [to] sound a call to support and safeguard the scientific community " (March for Science home page). Like all communities, Moab, and the surrounding towns in Southeastern Utah use science in numerous ways including in educating young people, in our doctor's offices and pharmacies, to keep our water and environment safe, and to turn on the lights in our homes and offices. Southeastern Utah, however is unique in our land management and tourism based economy —two very science heavy and science reliant industries. In short, our local March for Science plan is to host a rally in Swanny Park between 10AM to 11:30 AM. The rally will include numerous speakers who will touch on issues of scientific that are important in our region. Following the rally will be the march which will start in Swanny, trend south on 100 West then turn east onto 100 North and continue on to 400 East at which point the march will turn south and then west onto Center Street. The last leg of the march will be from Center and 100 West back to Swanny Park. (See map). We expect the march to last approximately one hour with a police escort. We ask at that the roads we march on be closed during the march. We will cross Main Street twice. Following the march we hope to host a concert in Swanny Park. The concert will end by 2PM. The performer(s) are to be determined. Volunteer crews will clean up refuse and recycling in the park following the concert, and the event is expected to be competed (included clean-up) by 3 PM. CS 73 c v on a Page 18 of 199 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL 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: $90.00 rl S� A3VVsryl. LICENSE #: ZONE: NAME OF EVENT: Sbui•hudIexh 1./I1-ekiA T-or Science,, DESCRIPTION OF EVENT: jr1/l cry` CAS c(, rat l ,� LOCATION OF EVENT: cSe,.'e- rr-ta.p '� `�Jvi0.11j lU► PEW" PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: L 2 AFy I 9.-O I ] 1 ANTICIPATED # OF EVENT PARTICIPANTS: 'LUO - 5Ob 0\L (IOW Ca -Vitt(*) EVENT SPONSORS NAME: MC rGh 40r 5ueruz (oi-5) SPONSORS ADDRESS: 2.2q WC: di' CITY: }AOab CONTACTS EMAIL ADDRESS: f a nnall. r kSse.l Z Q 9 ma,i 1, cvr+^ PHONE: 435'210'0414 STATE: 1 i ZIP: %4632 THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR 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. UWE 1101 EL4SS-61,( PLEASE PRINT NAME(S) CITY SPECIAL EVENT 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/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPOR. Signature of Sponsor State of Utah ) SS County of Grand HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB 17 Date SUBCRIBED AND SWORN to before me this day of mcuro-, , VY VViSdi—C-A-- RY PUBLIC CS c v on a JAMIE HULCE I Notary Public - State of Utah Comm. No. 692781 My Commission Expires on I Feb 2, 2021 r SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 19 of 199 Rev. ecfal Events 6-1 2016 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 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: c v on a Page 20 of 199 Re ecfal Events 6-1 2016 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: 4,4vAsk,i._ latita ( Name of Organization and Event if applicable: 1.Act.Sci010_1 S004 +ero-le rr. Lii0.A. Address: 2-21 tAJc Lkar • Moab I UT i;4632 Day Phone: itz36-21° °- 14 Email: licaln°a•1. russ2ll SQ3ky al,con, Proposed Park Usage Information Which park to you intend to use? Swanny Park. 1 Other (please indicate name of park. Please indicate the proposed dates and times of use: �.t, 'Willa Proposed Start Date: 22• Apr; 12011 Start Timer a�r /pm End Time• 3 am�pr � _ Proposed End Date: 22Apri12orl Start Time: am/pm End Time• am/pm include "1� Please specify what areas of the park are proposed for use• Q Ynap For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. 200~50V Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: T'). Will amplification be required for your event? Yes v No - Please specify any electrical needs for your event: crnpagicalioan Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. titAL OZ C. rpa..1► . If you anticipate any street closures for your event, please describe below, and show on the accompanying dig ---•n. a, on a v2..rAt ,Street dostth _ E.Ecor+ q(on) *CL. marc,h, ►'Otk. Cae. rytexp . PLEASE COMillgE914ER SIDE Do you intend for the park to be open to the public during your event? Yes Y No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No " For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: For groups over 100 people, please describe your refuse control and recycling plan: (;-ri3D 1 we wit( hope unlu.nietr deA4•-10p C-r-e-vo. toevvi-N. Please describe your clean-up plan during and after the event: Please describe your restroom facility plan: Tgb ) law- wi t l uAe. matrbe twa eA:. Pik. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: ThA Marc l� r Su yue_ moth c� V�Io�.b tAli 11 hi � frAt � . Vq ( Lic scu ei7a. our o �� •1- e.w cznd - e d u ca:Vor\ Moab's k icy . Please specify and describe other community or city facilities that you plan to use: Puhi� r nano ,,� park Have you applied for a Special Event Permit for this use? Yes V No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date% lieu c-IN Qvl? Office Use Only - Public Works Review. Police Department Review: Administrative Review. Park Use Fee• Date Fee Paid: Date of City Council Approval. Insurance Received: Final Set up Diagram Received. Special Conditions or Requirements: Ot c v on a required Permits and Approvals Page 22 of 199 mcm-c i, -Raw- Sc.ie,i,)c e_ Swanny Park 4 3 Covered Picnic Tabl 110, \\�\� 400Nath Street Aquatic Center Outd�Swim - Poo Playground 1� Park Drive t 1 100 50 1 N SCALE O vered Picnic Tables n 0 LLI 3 Picnic Tables 100 i 200 1" = 100' FEET To Main St. One Block 700 West Street 1� c v on Q Page 23 of 199 z yy✓ Y.l aF[s J- B.?11 asaii 3 • -a-)vtahs Jl c6 m.)-Po J S �j1-,750 --fla 5 )1 n-j- 'd5 :) wi .14? ,fro-yts ' �°,� dad gt 15!•N.rJ 3 N b913 �y • 7 DC/ 3 . 3 no..a al6, 00 i 00.MS wnbre$wis to SIitt4 51041,6 9a0•04 Oubigiu.,,00 Thom saoia' SNJ: svid(ios;WAS Alua..rye, ., g 'J z 000,111.0311an010 c Noon- f Nocz M, Z @4r`oliva7,3 Cleol4 UL41101u.raMR.1 O r+l3,019APgtl$'Wsiod ii tak�a� l� N ACAS ;um • m 0.1Y L 4eoW to sSgwn� nwnt •z "y 41702, M NU alabWM. 3>•V J;WU'lh 4X.Z.N un c 4 3 F:qp 5:ah:SM djlQUdsoli leu0!64t44300, w•tl 4��nd T-g s;uan3 lepz w— PriP iaa,�aOlft c� ICV 1Saf09�94 0a8 .� � @ ayggyacbpq � Y, iN(Jey SingA 'Won, epua2V MOAB CITY COUNCIL MEET[NG March 28, 2o27 Agenda ltem #: 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: At the March 14th Council meeting the application was continued in order for the applicant to provide additional information on clean-up of the colored corn starch. The school cares about the environment and is committed to a thorough clean-up effort. The applicant provided additional information (attached) and plans to attend the March 28th Council meeting to answer any further questions. The applicant provided detail of each color station and information on the finish line containment of the 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 to the satisfaction of the City. 2. Applicant will have volunteers on hand to ensure that participants will run on public sidewalks and not in the street. Staff Recommendation: Approve with the recommended conditions. 1 Agenda Page 25 of 199 Special Events 6-2 MI 73 c v on Q Recommended Motion: "I move to approve the Special Business Event License for the First Annual MCS Color Run with recommended conditions." "I move to approve/deny the fee waiver request." Attachment(s): Additional Information Submitted 3-22-17 3-14-17 Agenda Summary Special Business Event License Application with Attachments Page 26 of 199 o Ec EOME tru 22 AC WI:M ICS ARTS EXCELLENCE Hello! My name is Karisa Larsen. I am first a parent at the Moab Charter School second a board member. I am putting this race together as a fundraiser for our school. Im very excited to bring this to the locals of moab it has been talked about for a while among some of us. The whole intention of this run is FUN. MCS enjoys using our pathways and parks as our outdoor classroom and often times can be found out on the path picking up garbage as well as learning. As a consequence of that it will be a very high priority for us to keep the path clean and beautiful for everyone to enjoy post race. I will personally do whatever is necessary to clean up the colors. I plan to lay canvas drop cloths down to catch the majority of the color with the added bonus of reusing these, now colorful, eco friendly cloths as an art project at our school afterwards! I have access to a pressure washer and will use it wherever is necessary. Any place that will have color will be set up to contain as much powder as I can possibly can catch because really the less I have to clean up, the better right! All of the color areas are either in a grass area or cement/gravel area as far away from the creek as I could get. I have every faith in our school and our volunteers to make this all go smooth and make sure everyone just has FUN. Id love to answer any other questions you may have personally. Please feel free to call. Karisa 260-0414 Thank you so much for your time. Page 27 of 199 " a m p j j L I N / - 4 1 . 0 5 4 - ) a N A S ` a + l i c 7 N A C I 1 " ) , I A J W O a L ( 0 0 4 ��o �� ��a ����d - - & 3 1 \ 4 s \ M \ - 7 1 - a " 0 1 ( 2 a , f A - ��0 ���� h i A 4 3 4 - 1 A - - 0 ) 1 1 1 S ( \ ` \ 0 - u v i a u M - a 3 a r n o . A . 1 M ( A O K I ' D x i n N i A J c r - 1 1 \ Z - g s w a n 3 i e p a d s P a g e 2 8 o f 1 9 9 Z-g swan3 iepadS Page 29 of 199 Z-9 s;uan3 !wads \VIVA JA.0 ov,D-p SlonN19� Z-g swan3 iepads Page 31 of 199 a3A1131E1 GVk k1°A iud�is \OW xoe cod 2I a�' \ Page 32 of 199 €7o i epua2v CS c v on a Agenda Item #: 6- ' 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 Page 33 of 199 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCATION SPECIAL EVENT FEE: PLUS (CHI GA niiF): ❑ TRANSIENT ($90): $200.00 DATE PAID: AMOUNT PAID: RECEIPT NO.: 217 EAST CENTER STREET Moab, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: NAME OF EVENT:'l)��] _ I� =-0"g. DESCRIPTION OF EVENT: j E,/vv f E s �t��4C��t'Q��y ��tc },� �+{�LOCATION OF EVENT. RQCNt['[ iQ�- A t TTllV�L,�S` E_ ' i OiC. Cl� L �� " vpl - `f SI.Dt V®`I 1 l 3� PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): f":7,� DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: ICC-I � NUMBER OF VENDORS PARTICIPATING: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): ��1.~ EVENT SPONSORS NAME: SPONSORS ADDRESS: - cITY: QNe) TYPE OF ORGANIZATION: CI PROPRIETORSHIP CI PARTNERSHIP CI CORPORATION MOTHER (SPECIFY): _ PHONE: STATUT- ZIP: SC k-k t� EVENT SPONSORS SALES TAX IDtiariararg 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. INVE(` AS RI NnM BUSINESS LICENREGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFO' r= • T N IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ,� • - T E AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. b- lq ign �f s so6n r Dale ate of Utah ) County of Grand ) r- SUBCRIBED AND SWORN to before me this /t day of e.--4 R e 2r / f- NOTARY PUBLIC SS HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: as c v ba er SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 34 of 199 N lG C N LU w u N Q V) 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 bride; We 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. c v on Q W -Mr) 1/4_.11 C V(-- Cu R aka ukx).---7\ 1 pvzc U. lk-) M,r-e\ wk rr k71C w-P41,5 c"\9.DLYCr 217- r; p\-T woke CV--"" t7 O Cam- c° ""&( UN, 61A l --R.1. ( be- u‘M\K--- »Sik\ bc PKNOCK -11+-C 12\YO/WeVS cltr;0 V - Page 35 of 199 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. as MI c v on Q Page 36 of 199 7xv,11 V 0 ilaZ`OZ WV1 1g34 A. N��� N n-�t� I00}1-5loam r t 1 7 �j- i� c ain -� �, F Z-9 s;uan3 lepads n OvcA �bl 07 — Svv ika704:1, via t%<lb� '11 a-25i ••3004-1 ZIX-0 kl ar) �_ -- — o M At\ ���J V 10 OSA _-AgdCh , / 01\ SW e 4-)))o� _f ---� M01M '•tiotic0 fr•t©rrid, t 1SS%ii-1 418,, - ---711,41 ,j1 epua2v t1-1-212tD3( t39,._ lippIQD Ir-biiv�� �o i s � SieRS irmeepc give permission to Moab Charter School to use a section of our prop - t identified A �oee �' �iel� as � N��--f�- ef �s �� �� 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. e Z-g s;uan3 iepadS Page 38 of 199 epua2v 1_3'74(\ eye -t Y 2V� 1 � Y Nc-1 0\1 GC---5 give permission to Moab harter School to use a section of ur property identified as (00'%. 11-0� (_-ct5)-7 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. Z-g s;uan3 lepadS Page 39 of 199 epua2v 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 Kammtaus Maimed& kfentefieation System A St1151 B vrts + .Ilt C+►+ D 6 + us+ E >a7 + .it F+ Nola++ H 6'+ate+-t+W west +ate+ J C9 + NF K .ge .f 11. M MY tines .Fi . ropp.. ` ' rwnR G+o...,.dY¢Is 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 c v an a Page 40 of 199 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: Flash Point: Starch is a class ST1 dust at normal moisture level 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 as MI c v on Q Page 41 of 199 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 c v on Q Page 42 of 199 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 (NAPS), and Clean Air Act Amendments This product contains no ingredients regulated by these acts. as MI c v on Q Page 43 of 199 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. as MI c v an Q Page 44 of 199 O V CD v C GJ CA Q Ingredion� CORN PRODUCTS'/CASCOTM Corn Starch Food Grade Unmodified 034030 Corn Products'"/Casco" Corn Starch, Food Grade, Unmodified 034030 is a general purpose, thick boiling corn starch for use in food applications. Chemical and Physical Properties Min. Max. Moisture, % 9.0 12.5 Scott Viscosity (12 g), secs. 75 pH 4.8 5.8 Total Protein, % 0.45 S02, ppm < 10 Ash, % 0.2 Sensory Data Odor Flavor No detectable foreign odor Clean, typical taste Microbiological Standards Max. Standard Plate Count/g 1000 Yeasdg 50 Mold/g 50 Coliforms/g 10 E coli/30g Negative Salmonella/ I00g Negative Certification Kosher pareve Halal Packaging and Storage Bags Supersacs Bulk Product should be stored at ambient temperature under clean and dry conditions. Shelf Life 3 years Regulatory Data CAS No. 9005-25-8 United States Meets FCC (Food Chemical Codex) requirements. Labeling Corn Starch Nutritional Data/ 100g Typical Calories 360 Canada Total Carbohydrate, g 89 Standard Food CFDA Regulation Simple Sugars, g 0 B.13.01 1 Other Carbohydrate, g 89 Labeling Corn Starch Sodium, mg 10 There is no fat, protein, fiber, vitamins, or other minerals of dietary significance. Features and Benefits White powder Adds no color to application Blends well with other ingredients Bland taste Will not mask flavors and aromas Effecuve Date: February 24, 2015 Next Review Date: February 24, 2017 The information described above is offered solely for your consideration, investigation, and independent verification. It is up to you to decide whether and how to use this information. Ingredion Incorporated and the Ingredion group of companies make no warranty about the accuracy or completeness of the information contained above or the suitability of any of their products for your specific intended use. Furthermore, all express or implied warranties of noninfringement, merchantability, or fitness for a particular purpose are hereby disclaimed. Ingredion Incorporated and the Ingredion group of companies assume no responsibility for any liability or damages arising out of or relating to any of the foregoing. The INGREDION mark and logo are trademarks of the Ingredion group of companies. ies. All ugh reserved. All contents copyright m 2012. 5 Westbrook Corporate Ctr, I600-90 Burnha Westchester, Illinois 60154 Mississauga, On U.S.A. Canada Ph:708.551.2600 Ph:905.281.795 www.ingredion.co Special Events 6-2 pe Road West, 5B OH9 Ingredion April 1, 2015 Ingredion Incorporated 5 Westbrook Corporate Center Westchester, Illinois 60154 United States t: +708-551-2600 w: ingredion.com Allergen & Sensitizing Agent Information - Corn ProductsTm/CascoTM Corn Starch,Food Grade Unmodified With regards to your inquiry concerning the presence of allergens and sensitizing agents in Corn ProductsTm/Cascon" 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? Milk1•2,3 No No Eggs' 2,3 No No Fish''2,3 No No Crustacean shellfishL2,3 No No Molluscs" No No Tree Nutsw No No Peanutsw No No Legumes No No Soybeans''2,3 No No Wheat''2 No No Gluten -containing Grains2,3,4 No No Sesame seeds2 3 No No Celery3 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 3 Allergenic 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.DocumentsPinaredion.com. Noed fihrewica quiet, rissuwaaee Ingredion Incorporated Westchester, IL 60154 Page 46 of 199 Next Review Date: Apr Special Events 6-2 18 MOAB CITY COUNCIL MEETING March 28, 2017 Age item #: 6-3 Title: Approval of a Vendor License for Helene' Rohr, d.b.a. Food Tank LLC, Located at 239 W Center Street for a term of April 1, 2017 to April 1, 2018 Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer Applicant: Helene' Rohr Background/Summary: This applicant is seeking approval for a new plant based food truck located at 239 W Center Street. The application is in compliance with code sections 5.64.050 General Operating Standards and 5.64.060 Specific Operating Standards with the following exception. The applicant is requesting an increase in the number of tables and seating. Code section 5.64.060(g) states, "Seating may be provided as approved by City Council to include a table and up to six seats. Seating areas shall be located adjacent to the display and in no case exceed forty square feet in area." The applicant is requesting an exception to allow a total of three (3) tables and twenty four (24) chairs. This location has ample parking for the food truck and the business. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License, subject to the following condition: 1. All required inspections as listed in the Vendor Application 2. Hours of operation shall be limited from 7:oo am to io pm 3. Approve the requested exception for a total of three tables and twenty four chairs as shown on the site plan. Recommended Motion: I move to approve a food vendor license for Helene' Rohr d.b.a. Food Tank LLC to be located at 239 W Center Street." Attachment(s): Vendor Application Agenda Page 47 of 199 Special Events 6-3 DATE PAID: AMOUNT PAZ: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY} BUSINESS LICENSE APPL1CATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO; CRY OF MOAB BUSINESS NAME: FO(L �L�.�k (LC, P 16- -8, BUSINESS PHONE: BuswEss MAILING ADDRESS: � d �O�L se, CITY: VLOOLIO e-mail address: �pci. KDOIib rvVA.4\ 4 CAM Locations) where business will be conducted: Attach agreement of authorization frorn property owner(s) 2:3 l w � � �e including employee use of Restroom Facilities FEE: $ (AS DETERMINED 8Y RESOLUTION) LICENSE #: ZONE: C. STATE is ZIP: ‘81--1 5/- Length of time and/or specific dates business will be conducted: �J �2 t %�; 1 ( uJ/ .c6(Ai lt 1 Proposed hours of operation: k/V i, 1 ! VA- 4 1 t V61/4„141 V1.01A.47. I% + MLA,?IA ! $.4.01 Type (see definitions): © Cart Vehicle ❑ Wu Display Apparatus 'K. Vendor Type (see definitions): Street Vendor ❑ Sidewalk Vendor Private Properly Vendor ❑ Local Vendor In Food Vendor Goods, wares, services or merchandise to 6e sold or offered for sale: jA Ct- rt. �QLii.c.,c3V An C� 2,1 BUsINEss OwNER's NAME: Vie-1 Q,n g )k.a._ PHONE: SI D 4011-2001 OWNER'S ADDRESS: (C)L,� iaX2v t (2-Cte,." CITY: oe b STATE: tAl ZIP: 54.636._ OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: i [� �1�� \ A 1 �,. r--Pss Ltd, OPERATOR'S NAME (IF DIFFERENT FROM OWNER): (Olt . 1-kkt 4Q � prioNE: "{u2'(Q� D ` 4- 11: OPERATOR'S AOoREss(IF DIFFERENT FROM OWNER): W L t I6(CI ITY: IA04+13 STATE: Irr ZIP: g�-irj3� -Pjns-it SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: T CA P.-A Id- LL DATE OF BIRTH: PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 48 of 199 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE), ALL INFORMATION MUST SE ACCURATELY COMPLETED OR THE 1$SUANCE OF A LICENSE WILL BE DELAYED- IT IS A CLASS 'C' MISDEMEANOZ TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE- 61/‘( HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS S FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN 1S TRU I F E UNDERST • D THIS LICENSE IS NON TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. I14VE AGREE TO FILE THE PR REPOR ITH THE STATE OF UTAH. 11411E State of Utah County of Grand Signature of Applican ) ) § SUBCRIBED AND SWORN to before me this G74) ti'clay of NOTRY PUBLIC DEFINITIONS: ➢ Cart: A small mobile cart or wagon that occupies a temporary location on 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. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the safe 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 far displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ 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, a Private property Vendors, and o Food Vendors, > Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goads, 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 safe 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. Rov- M Cale CARMELLA GALLEY f Notary Public Etata of Utah Comm. No. 686544 *Como. hobos Oa 28. 21M II/27/3013 r•IBUSINESSLICEN,SESURISLirFORMSIBusGrc- Vendor revisundioc.v Page 49 of 199 M lD N C N 7 W f0 �V GJ Q co c v 00 Q VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING. ❑ DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE © SITE PLAN TO SCALE OF NOTL.ESS THAN WEQUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHUCK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. )3i. ZONING COMPLIANCE EVIDENCE "pe/ COMPLETE ATTACHED COMPLIANCE FORM D�4f, ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER /Q4 ATTACHED WRITTEN RESTROOM AGREEMENT XREFUSEIRECYCLING PLAN (IF APPLICABLE) FIRE OR BUILDING INSPECTION (IF APPLICABLE) /// ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF SPECIALBUS:NESS EVENT ATTACH ADDITIONAL INFORMATION INDICATED BELOW: � W,e_ R•P� i,ry 1 +�i li�cr ll h6e. s w 11/2,7/013 T:OUSliVESSLICENSCSIBUS'L1C1,01.21.IS4Thrsl.Pc- Vendor mvison.docc Page 50 of 199 LICENSE APPROVALS 1VloAa CITY COUNCIL AGENDA DATE: ❑ APPROVED © DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASONS): CITY RECORDER © APPROVED © D€SAPPROVED REASONS): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ® APPROVED ® DISAPPROVED REASONS): Nay Fee Calculation: Mobile Vendor Fee Structure 11/27/2013 r.11{li.s7AFssLHEms:12Si.Ii[;.SIJcPO/M.1,51 m Lir - Vendorrerison.dncr Page 51 of 199 M N C N 7 W To �V N CL CITY OF MOAB 217 EAST CENTER STREET MoAg, UTAH 84532-2534 (435) 259-5121 FAX (435) 259-4135 Property Owner Authorization Letter Date. LJ City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, klant\e/J h‘a (property owner name) am the owner of the property located at 2:6 (property address and parcel tax 113 #) I Understand that I ar cac)Kk, VAA5LS-e,1_.— (name of business license applicant) •140 has applied for a business license for .-FIC18 Lcv,AL Lt_ L Dr,,fk-TrAyIK (appkicant business name) from the City of Moab and that their business will be located from the above described address. I hereby, give my permission to allow this activity from my property and authorize use of my restro�ry�l facilitie or employees of the above listed business. Signature Ukt. /Pkak0 1Lic,cv Printed Name .Please list additional businesses authorized to use the above property and restroom facilities: Page 52 of 199 c o uty oT lvloao (-- 217 East Center Street - Mom Moab, Utah 84532 co c v 00 Q Business License Zoning Compliance Application To be fillers out by the applicant: Name of Applicant: 6-0-V14-- Vokx2- °L' *Z�7-c:A(0 - WA-s- tv--- Business Name: -uocl Lank- LLt, Address: 2 g LuQS-t- ce ►rp iP Phone: -✓I p - IOFif-C2tf `fo2-lo�$-�q?,� Ernail: -an,]✓ M-064-A0 0 3 r1'o4 1- L0-1 Property Owner: ql2.- glAT - ,14)Ati Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑ Sidewalk Vendor )a(Frivate Property Vendor ❑ Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64,010 For definitions): ❑ Cart %Vehicle ❑ Display Apparatus - k- Detailed description of business activities: .rOC}A, �n.4 yx,epa— KoAA 0.ir-ct_0)(4 (Atltig. Al& WitkAA Total number of off-street parking spaces: u? AID 2-5 j1 gip, � Hours of operation- kijSl\ U r 'QQ,-111JQ N jn4i 1(L a/A ao 1 .\ 4( tO `pk>keMortsvQ n �Q.vL c� ads To be filled out by city: J Zoning: Lr;� Allowed use per Moab Municipal Code section: 11 OA Number of parking spaces required for permanent business. Number of parking spaces required for other businesses: 1 Zoning Administrator Date Page 53 of 199 special Events 6-3 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 BAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: . INSPECTIONS REQUIRED FOR AN EMSTING BUSINESSADDING ANEW SERVICE(S). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: BUSINESS NAME' � � I� LC- L -1712, A+ -- BUSINESS ADDRESS: 2� We-JJIr- OWNER'S NAME: 4,e_11.ut TYPE OF BUSINESS {EXPLAIN IN DETAIL): F:::"OcA tALOA/ y-- s beit-W42PeA(k. -On-A- V\ trUCcl BUSINESS PHONE: �%¢} `OWNER PHONE 1d1 Q - Ali l-L ca. I l c- � 1 IU Swein 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 ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION 04'2b• 11 APPROVED ❑ DISAPPROVED 0 REASON: FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST IN PECTION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION i) .- 24-'' -ii APPRDVED Ra1SAPPROVED ❑ REASON: I�ih?�c-not� Lv1-kTi,.�C.El 1 Dt r Ar2z1.c\-- APP2ott+L. A y r \D'O CGrAn [G1 l_ co c v 00 Q SIGNATURE Page 54 of 199 HEALTH INSPECTOR (435)259-5602 675 KANE CREEK BLVD ifECTION REQUIRED: ES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION _3 _zo - 1 F APPROVEDpi, DISAPPROVED Q REASON: 07101/05 AGREEMENT THIS AGREEMENT, dated February 12th, 2017 is by and between The Parkshop, LLC (Owner/Lessor) and Food Tank, LLC (Tenants/ Lessees), for parking a food truck in an outside area located at 239 W Center Street in MOAB, UTAH 84532 and shall adhere to the following terms and conditions: 1) This agreement shall be valid for a 12 months basis, beginning on March 15t 2017 and ending on February 28, 2018. 2) Employees of the Food Tank, LLC will have access to the bathroom at 239 W Center St., Moab UT 84532 Food Tank, LLC Mngr sign Date ParkSlop, LLC 81-4445326 EIN# 1 sign ate Page 55 of 199 MI 73 C G1 an Q Refuse and Recycle plan for Food Tank LLC: Food Tank LLC DBA Food Tank will provide our own refuse and recycling containers. We will utilize Monument Waste for our refuse dumpsters, ensuring that the dumpster has a cover and will share the dumpster with our landlord, Park Shop LLC. We intend to recycle as much as possible, utilizing the services of Green Solutions; recycling containers will also have a cover. We also will compost when possible, and have begun a composting program off -site. Because we will have a seating table, we will have our refuse and recycling containers for patron use emptied at the close of business each day. Page 56 of 199 M to V1 C a) 7 W f0 V el Q epua2v ay i 1RRICralil04 .--.,....m._..,.,�?�._139 i0' i WF:ST 291 00' 1 SNIT - 139 3'` ___.., , 71 :.7., y1w• --ill.) `^ MOAB CITY f: 286.1(i' `r. �1�4L.3,3" �� .. T .141,3,1,1) MOAB CITY t11�IU �-,?� L �.;� \'YL•>']Z'U! CCG 1�� !s,r§ S'W 172:9' .ky 1 19 n' _ 108 0' MARY COLLEEN IIOI_YOAK TAYLOR 141-1 2 ", 117 `J 120,0' 231 Vv. I s 1.013ERT DI-:f` TAYLOR 7AWLMY TAYLOR' U 1-001-01.25 73�' ".._...:.� :z.1.7I""" `_ . 1 p } � *io+x,:rig' E3 l a ir° l2? '"; 152-1. 1 S y.. „ iolv,,_, , _ ..._.... . 'I. ;•�i._hS)E'$�� [NSf1Er S)r}I L" 1 30 OW ! z 01-001-0124 273 W 1.4L41`� 1)ESER3' BLUE Hi' 01-ani-0233 243 W 243 vv �..Lls. 115 3' 241 W r r: Ell t1gI-�;2_ S7'35`W- tv B — y ��1� , i E FE 5094,13 1119 1' 661 3 };E PARK 4101).LLC 0I-401-0144 CB" um/ 1'A RYAV J. MES c tYAN E k2'_IY1 S.q.732'1; 04.5 i 3; V 1-06 1I -411. 43 Ar� J U 1-001-0235 l91.S4 - £-9 guan3 lehac whLlR �'J' 51)rt3rlA'� Ir�j i n W V 1 1t14.5G , -117?1,7?ti J l] 1#LS sr. �,� INIQA131kkluAT(ON I.,�)1$.c• 1 +E5hST Elk: 476 PG 474 rn KEIi'l: rn A>avIl M.iR) frS CJCZ k7i L H m `I a epua2v £-9 nuan3 iepad Page 59 of 199 epua2v £-9 nuan3 iepad Page 60 of 199 epua2v £-9 nuan3 iepad Page 61 of 199 epua2v £-9 nuan3 iepad Page 62 of 199 epua2v P MOAB CITY COUNCIL MEETING March 28, 2°17 Agenda item #: 6-4 Title: Approval of a Vendor License for Kenneth N Hauk II, d.b.a. Hauk Designs LLC Home of River Raider Offroad, located at 301 S Main Street for a term of April 9, 2017 to April 16, 2017 Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer Applicant: Kenneth N Hauk II Background/Summary: This applicant is seeking approval for a display apparatus on private property located on the Valley Vista property at 301 South Main Street during Jeep Safari. They will be selling T-shirts and Jeep parts. 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, subject to the following conditions: 1. All required inspections as listed in the Vendor Application 2. Hours of operation shall be limited from 8:oo am to 8 pm 3. Specific Business Dates to be 4/9/17—4/16/17 Recommended Motion: " I move to approve a Vendor License for Kenneth N Hauk II, d.b.a. Hauk Designs LLC Home of River Raider Offroad to be located at 301 S. Main Street." Attachment(s): Vendor Application Agenda Page 63 of 199 Special Events 6-4 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL -- YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB PEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: zoNE: C 3 BUSINESS NAME: HAUK DESIGNS LLC HOME OF RIVER RAIDER OFFROAD BUSINESS PHONE. 717-262-3079 BUSINESS MAILING ADDRESS: 6317 ROCK HILL ROAD e-mail address: INFO@RIVERRAIDER.COM Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities Length of time and/or specific dates business will be conducted: Proposed hours of operation: r4- u'I CITY: CHAMBERSBURC£TATE: PA ZIP: 17202 30 ( ,570Wow CQ 19r4% "4&2rG 9 Ap2rG /Co 6 Pwt Type (see definitions): ❑ Cart ❑ Vehicle Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor Arorivate Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: SWAG, AFTERMARKET JEEP PARTS BUSINESS OWNER'S NAME: KENNETH N HAUK II PHONE: 717-262-3079 OWNER'S ADDRESS: 6317 ROCK HILL ROAD OWNER'S DRIVER LICENSE NUMBER He STATE OR OTHER PROOF OF IDENTITY: CITY:CHAMBERSBURCZTATE: PA ZIP: 17202 OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): NIA PHONE: OPERATOR'S ADDRESS OF DIFFERENT FROM OWNER): CITY: STATE: LIP: .SALES TAX ID # (ATTACH PROOF FROM OTAH TAX COMMISSION): 85803621 NAME REGISTERED WITH THE STATE FOR TAX ID: HAUK DESIGNS LLC HOME OF RIVER RAIDER OFFROAD 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 1S 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. co c v 00 Q SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 64 of 199 PLEASE PRINT NAMEIS) 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 LIGENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. IANE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAK r � 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 (IF 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 A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. IlUUE HAUK DESIGNS LLD HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Sonalura of Applicant State of-kltep ) rtai4(,n) § County of Grand ) fi— SUBCIBED AND SWORN to before me this _rl--day of RY • BLIC DEFINITIONS: 3/10/17 Dale COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KimberlyJ. Wolff, Notary Public I MontAllo Boro, Franklin County My Commission Expires Dec. 24,2020 HOMBK pENNSY1.vANI4ASSOcIATiok ;F NOTAR;ci > Cart: A smali mobile cart or wagon that occupies a temporary location on 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. > 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, Y 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. i' 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,): O 5treet Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, > 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 MITI 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. ran 13 T WL151NESS L1C'ENSESiBUS L1C FORMSiBus Lic - Vendor revlson.docx Page 65 of 199 VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (1F APPLICABLE) INCLUDING: woo 0 DIMENSIONS OF THE STRUCTURE 10 ;r3G n PHOTOGRAPHS OF STRUCTURE ammo ❑ SITE PLAN TO A SCALE OF NOT LESS THAN inrEQUALS ONE FOOT SHOWING: j.7. THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ,2/ ALL STRUCTURES AND DIMENSIONS ,2/ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES J(/ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY LANDSCAPED AREAS WITH DIMENSIONS IALL EASEMENTS IMPACTING THE PROPERTY 71 SIGN PLAN ❑ CERTIFICATION OF INSURANCE (1F OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITW ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. rd ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM 004 L❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE DR BUILDING INSPECTION (IF APPLICABLE) C COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) J ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: T:OUSINESS LICENSESIBUS LIC FORMSIBus Lic - Vendor rerison.docx Page 66 of 199 ifi" LICENSE APPROVALS . __ ._., , . __ 4 11)._ MOAB CITY COUNCIL. AGENDA DATE: © APPROVED i DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING 17 APPROVE➢ ❑ DISAPPROVED REASON(S): CITY RECORDER © APPROVED © DISAPPROVED REASONS): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: 0 APPROVED DISAPPROVED REASONS}: Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee 11/27/2013 c a) on Q Solid Waste Fee/Food vendors Limited Term {less than 30 days) Long Term (1 month-17 months) 510 $610 0 ' *Waived for local vendors with permanent business address in Grand County ‘, b . flro T: 4aUSINESS & 10ENSFS48US L1C.` PORMS11?11s I_ic - Voider revis0».doct Page 67 of 199 per month or partial month . Flat Fee (includes administrative fee)' per month (plus adm4.1 fee) CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 r FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S), INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: 464 (AR- 9 ems' L c' �6 / %��f /1// 4t Gt 0/161/4-8/ b t• /4//e r.0-4)7r-/�,1% TYPE OF BUSINESS (EXPLAIN IN DETAIL): cc.„ BUSINESS PHONE: ( `1 26;22'I 50 7 OWNERS PHONE -/yf 7' 7-5--9-0S57� 1 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 ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES C;IKNO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDIp DISAPPROVED ❑ REASON: I co c v 00 Q Page 68 of 199 Special Events 6-4 /01 /05 CITY OF' MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAx (435) 259.41 35 Property Owner Authorization Letter Date: - 2f City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1,� —5;061-// (property owner nam am the owner of the property located. at � ��� � 66,1-(9 a/f/4 (property address and parcel tax ]U V) 1 understand that 461t g (name of business license applicant) has applied for a business license for /11464"' (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroorn facilities for employees of the above listed business. 4/35= oyo ff R cg4L/1-Ga?-t1_, Painted Name Telephone # Email .Please list additional businesses authorized to use the above property and restroom ¢acilities: c v 00 Q Page 69 of 199 (a:TY Qom: "Q0:0 MOAB co c v 00 Q Lily or moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: 4-e- / eg-et r ' /46(k Business Name: r114U l< Address: -,?(;) % � p�--7�'� �{•4 r � jil/�Gv¢i� Phone: —7/ 7- 7573 - Email: / f'U Q g/vet /204 r0 c I2 - CC/41 Property owner: / 4 /-Z-E7 (JCS („4 7`iLv42L+��/� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0 Street Vendor ❑Sidewalk Vendor Private Property Vendor ❑Local Vendor OFood Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): O Vehicle #isplay Apparatus Detailed description of business activities: r 7/0 Ivy 1 ZLA / / -eee Total number of off-street parking spaces: Hours of operation: i4-04 To be filled out by city: Zoning: L Allowed use per Moab Municipal Code section: n 94.0 90 Number of parking spaces required for permanent business. 19) Number of parking spaces required for other businesses: I Page 70 of 199 92 2,)• -I Date Special Events 6-4 Flood zone CROSSWALK \1, Approx new sign location Ex. sidewalk Replace existing driveway wait new sFdewalk. curb and gutter S Ex sidewalk 10'-5" .6= Traffic signaS pole 11'-6" Traffic signal cabinets 122'-6" f Arrassible route Site and Landscape Plan Asphalt surface Replace existing dr veway with new sidewalk, curb and gutter New Building New gate r Canvash &Ming 300 South Existing Overhead power Dna Wsden driveway 28'-0" ' feTele. Ped Powerlpole 129% 2 20'-0" I r II Asphalt Parking Area 1 I onc—Asphah Ex- Zo n. wide "kiln), retaming easement from Wall ' record plat Ex retalnin wall see civil engineering drawings for all grading and dralnage design, ulNly focations, final parking layout and other site Information. 10'-o" CONCRETE SURFACE Agenda Page 71 of 199 Special Events 6-4 1 i s DAYUGHT LINE. BEGIN.° --PROP65E$-GRADING 3' FROM UTIUTY STRUCTURES 4048.72 DAYLIGHT 4048.00 4048.43 INV 4049.00 MATCH GEL 4049.45 MATCH BK OF SIDEWALK 4049.84 MATCH GFL 4050.41 MATCH BK OF 'SIDEWALK 4047.77 MATCH GFL 8" HDPE OVERFLOW CONNECTION TO SIDEWALK FUTURE CITY AIN SYSTEM ONLY CAPPED R0 MANHOLE I4048.37 c c , cA 1 EG MATCH O EC I, 4 mmi.wisoruirAimaimm �', v n i _ Ir /�� t - ', ` �� 0 4048.70` -�,C. A I I n I`-1 INLE r�rrl OC GB \ 4050.96 EG TELE F66 , Cs M a PLUMB NEW BUILDING SEINER INTO EXISTING SERVICE LINE. INCLUDE CLEANOUT. �1mmmlu �111r NI 111riF111r111m0m0010 lam mom111 fI.IIN PROPOSED BUILDING FF 4051.0 4052.50 Tow 4051.95 EG s s 4Ao.sa 4050.90 FG FG =4049.97 4050.130 GATE k ® fL 4050.63 FENCE FL 4052.00 EG MATCH I BEGIN WALL 4052.50 TOW 4051.78 EG CAR WASH ■� FF 4052.0± 0+00 4047.88 MATCH GFL _4046.46 MATCH BK OF 9 c ,NA _ 52.50 TOW 4052.03 EG 23 4048.50 OC EC EG MATCH OK. 40413.31 FL FL 39.7' DRIVE AISI BEGIN TRANSITIC TO FLUSH CURB 4051.73 FL GUTTER t111011111111011 4051.59. o o�� �l{j+ POLE ANCHOR chF _ _ 411 CONSTRUCTI EOP 7.7 1. INSTALL PERII 2. INSTALL 12" 3. INSTALL 6" I DEEP. 4. STORMTECH 5. EXISTING MOh 6. EXISTING um 7. RE -USE ERI: BENDS AND IE sunicE C 8. EXTEND WATI CITY SPECIFI EXISTING ME1 9. EXTEND GAS 10. INSTALL FENI 2015. It. INSTALL VALI 12. INSTALL STAI Special Events 6-4 Agenda Page 72 of 199 as Ts c w an c2 v-g swan] lepaas MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 7-1 Title: Approval of a Request for a Donation of Surplus Equipment to the Moab Valley Fire Department Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: n/a Background/Summary: The City has been approached by the Moab Valley Fire Chief, Phillip Mosher, requesting a donation of two items that Moab City Council has approved to be auctioned off as Surplus. The items are a 1983 CASE Backhoe and a 2009 Dodge Charger. The City has, in the past, donated surplus items to various entities including the Fire Department. The backhoe will be used to remove large barriers and snow and the Dodge will be used for travel and trainings. i Options: Council can approve, table, or deny the proposed request. Staff Recommendation: Staff recommends approving the donation request. Recommended Motion: I move to approve donating the 1983 CASE Backhoe and a 2009 Dodge Charger to the Moab Valley Fire Department. Attachment(s): Agenda Page 75 of 199 Consent Agenda 7-1 MOAB CITY POLICE MEMORANDUM TO: CITY COUNCIL MEMBERS & MOAB CITY MANAGER EVERITT FROM: STEVE ROSS SUBJECT: 2009 DODGE CHARGER POLICE VEHICLE DATE: MARCH 20, 2017 MEMO# 17-03-02 I would like to donate a 2009 Dodge Charger to the Moab Fire Department This Gray Dodge Charger has maintenance issues that will cost several thousand dollars to repair. The issue with the car only allows the vehicle to reach approximately 30 MPH at times. This issue makes it unsuitable for police department work. The Moab Fire Department is willing to invest several thousand dollars into this vehicle, and will possibly put used parts in the vehicle to make it meet their needs. I would appreciate your support in donating this vehicle to a great volunteer organization which protects our homes and business from fires. Steve Ross Agenda Page 76 of 199 Consent Agenda 7-1 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 MEMORANDUM Date: March 28, 2017 TO: Moab City Council FROM: Carmella Galley, Executive/Administrative Assistant RE.: Donation of Surplus Equipment Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The Public Works Department has a 1983 CASE Backhoe at their facility yard, which was just approved by Council as surplus and listed for auction. This backhoe has not been used in quite a while and has recently been replaced. Due to its age and the lack of accessible records, I do not have the original cost of this backhoe. In speaking with the Moab Valley Fire Department Chief, Phillip Mosher, we feel it would be a useful piece of equipment to be donated to them for their use in moving and removing debris and snow. The Moab City Police Department has a 2009 Dodge Charger that has also been approved as surplus and listed for auction. The original cost of the vehicle to the City was $24,291.41. This vehicle would also be useful to the Moab Valley Fire Department for travel and trainings. This vehicle has mechanical issues and has been out of circulation as well as already replaced. The Fire Department is aware of these issues. I request that council approve these donations to the Moab Valley Fire Department. Agenda Page 77 of 199 Consent Agenda 7-1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28/ 2017 Agenda ltem #: 7-2 Title: Approval of Budgeted Purchase of 2017 Ford F350 4x2 Truck Chassis & Yard Dump Body Fiscal Impact: Not to exceed $25,000.00 for Truck Chassis & $9,000.00 for Yard Dump Body Staff Presenter(s): Public Works Director — Pat Dean Department: Parks Department Background/Summary: Requesting a budgeted purchase of a 2017 Ford F35o 4x2 vehicle on State Contract for the price of $24,348.71. Also requesting a budgeted purchase of Rugby 9' FDS 2-3 Yd. Dump Body on State Contract for the price of $8,3o9.61. This is a fleet vehicle purchase on State Contract from Ken Garff Ford and Semi Service Inc. It is to replace Parks Department Vehicle # 1o3 which is a 2001 F350 Chassis and Dump Body Options: Approve Staff Recommendation: Approve Recommended Motion: Approve Attachment(s): Ken Garff Quote State of Utah Approved Vendor List Number AV2528 Semi Service Inc.F Quote State of Utah Approved Vendor List Number MA3o4 Agenda Page 78 of 199 Consent Agenda 7-2 CNGP530 T> VEHICLE ORDER CONFIRMATION 2017 F-SERIES SD Order No: 0001 Priority. Cl Ord Ord PEP: 640A Cust/Fit Name: MOAB RETAIL, F3G F350 4X2 CHAS/C *34435 145" WHEELBASE ZI OXFORD WHITE 1 CLTH 40/2I0/40 100 S MEDIUM EARTH GR 640A PREF EQUIP PKG .XL TRIM 572 .AIR CONDITIONER NC .AM/FM ST.ER/CLK 996 6.2L EFI V8 ENG NC 44P 6-SPD AUTOMATIC NC TBK .LT245 BSW AS 17 NC X37 3.73 REG 6LE NC 14000# GVWR PKG 425 50 STATE EMISS NC FI-Help F4=Subm i.t TOTAL TOTAL *THIS F2-Return to Order F5-Add to Library S099 - PRESS F4 TO SUBMIT 01/06/17 17:44:59 Dealer: F56557 Page: 1 of I FIN: QS050 Order Type: 5B Price Le`se1: 750 PO Number: RETAIL JOB #1 BUILD 531 TRAILER TOW PKG 45 65Z AFT AXLE TANK NC SP DLR ACCT ADJ SP FLT ACCT CR FUEL CHARGE B4A NET INV FLT OPT NC DEST AND DELIV 1295 BASE AND OPTIONS 35875 35875 IS NOT AN INVOICE* F3/F12=Veh Ord Menu (Yok-- figr zit3Lit 1- '2_ MISRP_ State Rebate [ t Voo State Fee {to *g Fuel Other�- Quote_ Customer QC082541 KenCire Ford l Ainslie:en Fork Ftionw seimszeoo Coe: 801.382428+ 801-78341895 jknoOkortgerlicorn 507 East 1000 South 'uswim Fork, Ur 84003 COMMERCIAL REET IMAGER rowitlamgartftorrizom Agenda 7 Page 79 of 199 Jan 6, 2 C Consent Agenda 7-2 ��M ! E R l / ! C E / / V C C U S T O M E R : C i t y o f M o a b C O N T A C T : K e l l y D a y A D D R E S S : 2 1 7 E a s t C e n t e r M o a b U T 8 4 5 3 2 M O B I L E : W O R K : 4 3 5 - 2 5 9 - 7 4 8 5 F A X : 4 3 5 - 2 5 9 - 2 7 7 6 E M A I L : k e l l y Q m o a b c i t y . o r g 4 2 8 5 W e s t 1 3 8 5 S o u t h S a l t L a k e C i t y , U t a h 8 4 1 0 4 P h o n e : 1 . 8 0 1 . 5 2 1 . 0 3 6 0 F a x : 1 . 8 0 1 . 5 3 2 . 7 4 0 7 w w w . s e m i s e r v i c e . c o m Q U O T A T I O N S A W 0 8 8 3 4 Q U O T E N U M B E R : S A W 0 8 8 3 4 Q U O T E D A T E : 3 / 1 0 / 2 0 1 7 Q U O T E V A L I D U N T I L : 4 / 2 4 / 2 0 1 7 S A L E S P E R S O N : R i c h a r d H a r r i s M O B I L E : 8 0 1 - 4 1 4 - 2 9 5 5 W O R K : 3 8 5 - 2 3 4 - 6 2 5 0 F A X : 3 8 5 - 2 3 4 - 6 2 6 7 E M A I L : r h a r r i s Q s e m i s e r v i c e . c o m Y E A R : 2 0 1 6 M A K E : F O R D C A B T O A X L E : 6 0 . 0 C A B T O T A N D E M : M O D E L : F - 5 5 0 C A B T Y P E : S I N G L E / D U A L : D R W V I N : Q T Y D E S C R I P T I O N P R I C E E A C H A M O U N T 1 1 D U M P B O D Y R u g b y 9 ' F D S 2 - 3 Y d . D u m p B o d y , 9 ' 3 " ( 1 0 8 " I D ) L X 9 6 " W W i t h 1 / 4 C a b S h i e l d W i t h W i n d o w S I D E S : 1 2 " F o l d D o w n S i d e s 1 0 G a . W i t h F u l l y B o x e d D i r t - S h e d d i n g T o p R a i l . C A B S H I E L D : L e v e l 4 F a c t o r y I n s t a l l e d F L O O R : 7 G A . S t e e l F l o o r W i t h R a d i u s C o r n e r s , 1 P i e c e F l o o r W i t h O u t e r S e a m s W e l d e d U n d e r n e a t h . T A I L G A T E : 1 8 . 5 " F u l l y B o x e d P e r i m e t e r , 2 V e r t i c a l B r a c e s , S l o p e d 1 0 D e g r e e I n w a r d . L O N G R A I L S : 5 " S t r u c t u r a l C h a n n e l L o n g i t u d i n a l . C R O S S M E M B E R S : 3 " S t r u c t u r a l S t e e l 1 6 " C e n t e r s . L I G H T S : N e w O v a l - S h a p e d S t o p / T u r n / T a i l B u i l t I n t o C o r n e r P o s t . ( L E D ) . H O I S T : H R 5 2 0 E S E l e c t r i c S i n g l e A c t i n g H o i s t W i t h a S u b F r a m e C l a s s 2 0 O P E R A T I N G P R E S S U R E : 3 2 0 0 P S I C A P A C I T Y : 8 T o n C Y L I N D E R : 5 " B o r e , 2 0 " S t r o k e , 2 " D i a m e t e r R o d W E I G H T A P P R O X : D u m p B o d y 1 2 7 5 L B S H o i s t : 5 9 0 L B S P A I N T : F a c t o r y P o w d e r C o a t D u m p B o d y B L A C K E L E C T R I C O V E R I I Y D R A U L I C H O I S T W A R R A N T Y : 5 Y e a r s F o r E v e r y t h i n g M a n u f a c t u r e d b y R u g b y a n d 3 Y e a r s o n L i g h t s a n d P o w e r U n i t s . 1 I n s t a l l a t i o n K i t f o r 8 ' - 1 2 ' D u m p b o d i e s i n c l u d i n g : M u d f l a p s , C h r o m e M u d f l a p b r a c k e t s , A T F F l u i d , F u e l f i l l r e i n f o r c e m e n t b r a c k e t , ] u n c t i o n b o x f o r e l e c t r i c a l . 1 B u y e r s F u r n i s h a n d I n s t a l l a P i n l l e T y p e H i t c h 1 / 2 " B u c k P l a t e S t y l e R e i n f o r c e d t o t h e F r a m e W i t h S a f e t y D R i n g s . P e r S p e c s , F u r n i s h a n d I n s t a l l B u y e r ' s P a r t s # 1 8 0 9 0 3 0 ( F o r d ) # 1 8 0 9 0 3 5 ( G M / C h e v r o l e t ) # 1 8 0 9 0 3 7 ( R a m ) I n s t a l l e d n o M o r e T h a n 8 " I n s i d e o f t h e R c a r D u m p B o d y T h e n F u l l y R a i s e d . A l s o I n s t a l l a H i t c h C o m b i n a t i o n 2 " ( P a r t # R B 2 0 0 0 ) a n d a 2 - 5 / 1 6 " b a l l ( P a r t # B U Y - B I 1 8 2 5 1 6 ) 1 1 7 W a y f l a t l i g h t r e c e p t a c l e ( R E A R ) P a r t T O W P O - 1 1 - 8 9 3 R e f l c x r m L E D m i n i b a r s p r o v i d e a c o m p a c t y e t p o w e r f u l w a r n i n g s o l u t i o n t h a t f e a t u r e s 1 2 - 2 4 V D C o p e r a t i o n , u s e s h i g h i n t e n s i t y L E D ' s a n d r e f l e c t i v e t e c h n o l o g y t o m a x i m i z e l i g h t o u t p u t a n d a l l o w s t h e u s e r t o s e l e c t f r o m a c h o i c e o f 1 8 u s e r s e l e c t a b l e f l a s h p a t t e r n s . P a t t i ! E C C - 5 5 8 5 C A $ 8 , 3 0 9 . 6 1 $ 8 , 3 0 9 . 6 1 A g e n d a P a g e 1 o f 2 P a g e 8 0 o f 1 9 9 C o n s e n t A g e n d a 7 - 2 EdTY/C.E //L/C 4285 West 1385 South Salt Lake City , Utah 84104 Phone : 1.801.521.0360 Fax : 1.801.532.7407 www.semiservice.com QUOTATION SAW08834 QTY DESCRIPTION PRICE EACH AMOUNT ***Mounted To Headboard With Switch In Dash*** ***State Contract MA304*** Quote Total: $8,309.61 Sales Tax: $0.00 Total Due: $8,309.61 Signature Required to Process Order PO Number Date QTY SUGGESTED ITEMS PRICE EACH AMOUNT ♦ Labor and installation is included in all pricing unless specified. ♦ Quoted price does not include any applicable F.E.T., sales taxes, and delivery charges. ♦ Quote price does not include any unforeseen obstructions or modifications. ♦ Quotation valid until above stated expiration date. ♦ Terms are due upon receipt unless prior credit arrangements are made at the time of order. ♦ FOB Salt Lake City, Utah 84104 ♦ 50% down payment required with special order items, NON REFUNDABLE. ♦ We only Accept Cash, Check, Visa and MasterCard. Agenda Page 2 of 2 Page 81 of 199 Consent Agenda 7-2 Revision # STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 1 of 12 Purchasing Agent: Linda Crawford Phone: (801) 538-3150 Email: l indacrawfordQutah. gov Item: Yard Dump Bodies with Fold Down Sides & Hydraulics & Platform Bodies - no Hydraulics Vendor: 09026FA Internet Homepage: General & Usage Report Contact Telephone: Fax: Email: Reporting type: Brand/trade name: Price: Terms: Effective dates: Remaining renewal options: Days required for delivery: Price guarantee period: Min shipment without charges: Other conditions: Sethi Service, Inc. 4285 W 1385 S Salt Lake City, UT 84104 www.semiservice.com Sam Johnson (801)521-0360 (801) 532-7407 siohnson@semiservice.com Line item Rugby TBEI See Attached Price Section Net 30 01 /07/2013 through 01 /08/2018 None 60 Days 1 year This is a new contract awarded to the same vendor. Was changed from a PD to an MA. Assigned to new Agent. This contract resulted from bid # PG13003 This contract covers only those items listed in the price schedule. It is the responsibility of the agency to ensure that other items purchased are invoiced separately. State agencies will place orders directly with the vendor creating a PRC in Finet. Agencies will return to the vendor any invoice which reflects incorrect pricing. This is a multiple award please refer to the following Contracts before making purchasing decision: MA304, MA368, & MA369 Agenda Page 82 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 2 of 12 PUBLICATION / invitation For Bid (IFB) State of Utah , Division of Fleet Operations through the Utah Division of Purchasing and General Services, is requesting bids for the future purchases of 4 foot- 2-3 Yard / Dump Bodies with fold down sides with associated parts listed on current price pages and installation on state agencies or political subdivisions (i.e. colleges, school districts, counties, cities, etc.) provided vehicles.. The state anticipates that it may award a contract. To separate distributor(s) of Crysteel, Rugby, TescoWillimsen and approved equal respectively. Bidders are not required to carry all brands. Bidders may bid on all or selected ones. All specifications and instructions are in addition to the Standard Terms and Conditions (attached).This specification is a product of State. STATE does not assume nor accept any liability when this specification is used in the procurement process by any other entity. PURPOSE: The purpose of this Invitation for Bid (herein IFB) is to establish state cooperative contract(s) for the use of all State of Utah agencies and its political subdivisions (i.e. colleges, school districts, counties, cities, etc.). This solicitation may result in the award of multiple contracts. AWARD OF CONTRACT: Single or multiple contracts will be awarded to the lowest bidding responsive and responsible bidder based on the pricing provided. The state reserves the right to cancel any contract awarded as a result of this solicitation when it is in the best interest of the state. Contracts will be to Dealer(s)/Distributor(s) in Utah of major manufactures. Bidders must have trained repair technicians and authorize repair facility(s) within the State of Utah. CONTRACT TERM: The contract tern is for five (5) years. Contracts are renewable, at the State's option, on an annual basis, up to a maximum of three total renewal years (contract potential is five years, including all renewal options). The State of Utah reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract PRICE GUARANTEE: Pricing must be guaranteed for the initial term of the contract. Following the guarantee period, any request for price adjustment must be for at least one (l) year and must be made at least 30 days prior to the effective date. Request for price adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the contract will not be effective unless approved by the State Director of Purchasing. MANDATORY USAGE REPORT REQUIREMENT: One of the primary goals in administering this contract is to keep accurate records regarding its actual value. Consequently, the contractor will be required to provide quarterly usage reports to the Division of Purchasing. All reports must be submitted, using our template, in electronic format via email to both the contract manager and to salesreoorts@utah.00v. After contract award, you will be provided by e-mail an Excel spreadsheet template that includes instructions, sample date and all information that must be provided. Agenda Page 83 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 3 of 12 Quarterly Report Submission Quarterly reports must coincide with the quarters in the State of Utah fiscal year as outlined below: Quarter #1: July 1 through September 30, due annually by October 30. Quarter #2: October 1 through December 31, due annually by January 30. Quarter #3: January 1 through March 31, due annually by April 30. Quarter #4: April 1 through June 30, due annually by July 30. Bidders shall identify the name of the individual responsible for preparation of the mandatory usage reports: ADMINISTRATIVE FEE: The administrative fee for this contract is .0% and shall be included in the price, however, State reserves the right to add an administrative fee of .04%. State agencies, cities, counties, schools, etc. will not be billed the administrative fee for using the cooperative contract. The fee is paid by the contractor to the Division of Purchasing. The contractor is responsible for tracking contract usage, calculating and remitting the administrative fee to the Division of Purchasing. PART I: GENERAL CLAUSES AND CONDITIONS 1. The equipment furnished under this specification shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality worlananship and material. The supplier represents that all equipment offered under this specification is new at time of delivery. DISCONTINUED, DEMONSTRATOR OR DEVELOPMENTAL MODELS ARE NOT ACCEPTABLE. 2. Supplier shall submit, with the bid to BidSync (http;//www.bidsyne.com), the latest detailed specifications for the equipment offered. Supplier should submit the latest literature for informational purposes only. Should you need assistance from BidSync, contact supportObidsvnc.com or 801-765-9245. 3. Upon delivery, unit shall be completely assembled and adjusted. All equipment, including standard and supplemental equipment, shall be installed, and the unit shall be serviced and ready for continuous operation. 4. All parts not specifically mentioned, but are necessary for the unit to be complete for operation or are normally furnished as standard equipment, shall be furnished by the supplier. All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry. 5. The unit provided shall meet or exceed all the Federal and STATE of Utah safety, health, lighting, and noise regulations and standards in effect, and which are applicable to equipment fumished at the time of acceptance. 6. It is the intent of UDOT to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economical considerations. Any suggested changes and Agenda Page 84 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 4 of 12 environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 7. UDOT encourages all manufacturers to comply, voluntarily, with the Society of Automotive Engineers (SAE) recommended practices. $. Required measurements standard will be given in English units or the industry's standard units. 9. Failure to provide and comply with Part I of bidder submitted specifications will result in bid(s) being declared non -responsive. 10. Requests for exception(s) to this bid must be submitted through questions and answers on BidSync. Any addenda will be issued through BidSync.Exceptions shall not be granted to requests made after the question and answer deadline. State any exception and/or additions to the warranty here. PART II: GENERAL SPECIFICATIONS 1. SCOPE: 1.1 This specification describes material(s) and labor, for installation of a steel dump body by means of an electrically / hydraulic hoist with hitch plate. Installed on 1-ton, dual wheel, cab & chassis trucks (supplied by state.) To be Chevrolet, Dodge. Ford or etc one -ton Chassis, 60" C.A , dual rear wheel vehicles. Units are to be delivered assembled, serviced, tested and ready to operate. All fluids are to be at operation levels. For use in general highway maintenance work. 1.2 Example(s): 1.2.1 TESCOWILLIAMSEN, 9' FDS 1.2.2 RUGBY, 9' Eliminator FDS I.2.3 CRYSTEEL - E-Scries 1.2.4 Reference to Buyers parts www.buversproducts.com 1.3 The combination of the characteristics of the brand -name products cited shall be the minimum standard of quality for this bid. Products which meet the minimum standard and which arc in other ways substantially equivalent to those designated will be considered for award. The use of brand names is for themgr of designating the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition_ IA NOTICE TO BIDDERS: Any example shown is listed to show type and class of equipment desired. Bidders are cautioned to read the specifications carefully, as there may be special requirements not commonly offered by the equipment manufacturer- Do not assume your standard equipment meets all detailed specifications merely because it is listed as an example. Bidders arc cautioned that units delivered to the FOB points, which do not meet specifications in every aspect will be rejected. Agenda Page 85 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 5 of 12 PART III: DETAILED - SPECIFICATIONS I. Floor - Body: 1.1 Floor to be, B Gauge, A101 l - Grade 50 steel, 50,000 PSI Yield strength, 65,000 - PSI tensile strength, smooth plate, construction minimum. 1.2 Width O.D. to be 96 inches minimum. 1.3 Body inside length 1 l 1 inches minimum. 1.4 Floor sheet is formed with angle down at the outside edge on both sides to prevent material form hanging up when fold down sides are open. Welds on top of deck floor are not acceptable. 1.5 Rear edge of floor sheet is reinforced top prohibit deflection and maintain a positive long lasting tailgate seal. 1.6 Deck height shall be as low as possible, 1-inch minimum clearance above tires when axle is on snubbers. Height above mainframe: 11" , Can Comply YES Exceptions 2. Understructure: 2.1 Understructure shall be a size and type, engineered and approved from the manufacturer with cross sill to be 3" I-beam, spaced approximately 16" apart and reinforce with gussets. The understructure to be of interlaced structural design for load support.. To reduced weight and have the lowest body floor height. 2.2 Anti -sail mud flaps with no logo printed on flaps, to be installed with bolts by vendor. Can Comply YES Exceptions 3. Headboard / Front: 3.1- Front- headboard to be one piece - 12 Gauge, A1011 - Grade 50 steel, 50,000 PSI yield strength, 65,000 - PSI tensile strength for a bulkhead 40 inches in height minimum. 3.2- Headboard shall be extended above the cab. 3.3- Cab window to be louver(s)1 Slots) or equal. 3.4- Cab protector to be forward -extending 10 X 50-inch wide minimum, capable of supporting a 45-inch bar light. (also see 9.4) 3.5- Cab brake light, to be visibly. Full height front comer posts shall include clearance lights at each comer with all lights in compliance with FMVSS 3.6- Shovel holding bracket for 3 shovels incorporated into body, located inside of body right behind the bulkhead. 3.7- Grab handle mounted to passenger side of headboard for use with stcp(see 10.3). Agenda Page 86 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 6 of 12 Can Comply YES Exceptions 4. Side(s): 4.1 Sides shall be 12 Gauge (+/- 10%), A1011 Grade 50 steel, 50,000-PS1 yield strength, 65,000-PSI tensile strength minimum. 4.2 Sides shall be easily folded down for access to payload from the side of the body. 4.3 Sides shall be 14 inches minimum. 4.4 Sides shall operate easily and safely with a single lever that positively extends 3/" pins at each end using a solid linkage member for one -person operation. 4.5 Side design to keep dirt and debris from gathering and hindering side operation. 4.6 Side shall have heavy duty double strip greaseable hinge(s) allowing side to rotate 180 degrees with greaseable lube fitting at each hinge pin. 4.7 Full depth rear corner posts with hardware concealed for a clean streamlined look. Can Comply YES Exceptions 5 Tailgate: 5.1 Tailgate must be, 10 Gauge, A101 I - Grade 50 steel, 50,000-PSI Yield strength, 65,000 - PSI tensile strength, minimum. With fully boxed top and bottom rails with two vertical braces. 5.2 Tailgate shall have a quick -drop design for one -person operation with a double acting design.. 5.3 Tailgate shall dropped dawn 90 degrees (parallel to the floor) with chains and 180° without chains. 5.4 Tailgate shall include a 1-inch cold rolled steel shaft top and bottom pin minimum for hinge plate with trip lever latch mechanism. 5.5 Trip lever for the tailgate latch mechanism shall be locate at the left front comer of the dump bed. Accessible from the driver's side of the chassis cab. 5.6 Tailgate installation shall result in a sand tight dump body without the application of knife-cdgcs or filler welds. 5.7 Slotted chain tic points (banjo eyes) shall be welded to the dump body rear comer upright supports. 5.8 3 feet of 3/8 inch, grade 43 chain(s) shall be attached to the upper left and upper right rear sides of the tailgate. 5.9 Chains shall include rubber coating or canvas sheaths. Can Comply YES Exceptions 6 Hitch: - 6.1 Hitch shall be 'A inch plate minimum, mounted 8 inches or less inside rear dump body to allow dump bed to be fully raised. To be Buyers hitch part No. 1809030 or 1809035 or equal. 6.2 Width of hitch as required to matching cab & chassis frame. 6.3 Bed hinges to be mounted above hitch plate 8 inches or less and to manufacture design. Page 87 of 199 Agenda Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 7 of 12 6.4 Frame overhang and hinge mounting to be located that it will not hit trailer hitch when dumped. 6.5 It shall have combination trailer hitch premier model 150, or equal, with both a 2-inch and 2 5/16 - inch ball. 6.6 Hitch to be powder coated black finish. 6.7 7 way round light receptacle. Can Comply YES Exceptions 7 Hoist & Hydraulic: 7.1 Electric /hydraulic motor shall be 12 volt -DC and geared. 7.2 Motor to be mounted in 18 X 18 X 30 a protected in location left side behind the cab mounted to frame in a stainless steel weather tight box. 7.3 Dump hoist shall be fabricated of high strength steel and be NTEA rated and calssified bed lift capacity to be 6.0 tons at 50° dump angel minimum. 7.4 Dump hoist cylinder to b e minimum of 5" diameter with 16" stroke. Cylinder rod is to be 2" diameter minimum and chrome or equal to prevent rusting. 7.5 Hoist frame to have grease zerks at pivot points and zerk lubricated rear hinges. 7.6 Hoist mounting height shall not exceed 9.25" with sub -frame. 7.7 Elevation of bed to be 45° to 50° within 30 seconds with of hydraulic pump sized accordingly. 7.8 Hydraulic tanks shall be manufacturer approved and properly sized for this application. 7.9 Body prop to be approved manufacturer design. 7.10Hoses and lines shall be secured to a supportive structure at effective intervals by rubber -covered metal clamps attached by bolts. 7.11Hoses, pipe ad all other components conducting hydraulic fluid shall be compatible with all common hydraulic fluids. Can Comply YES Exceptions 8 Controls: 8.1 Dump control to be in cab, in front of seat centered with arrow board control. 8.2 Push button type - heavy-duty switch. 8.2.2 Printcd plastic labels arc not acceptable. 8.2.3 Cable type controls arc not acceptable. Can Comply YES Exceptions Agenda Page 88 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 8 of 12 9. Electrical/Lighting: 9.1 Lights and conspicuity tape to confirm to FMVSS, SAE, code and include the following: 9.1.2 Stop lights, turn & taillights to be Truck-Lite super 44 LED series or equal. 9.1.3 Backup lights 9.1.4 Three light cluster 9.1.5 Conspicuity tape to be applied on sides and on back of bed. 9.2 Lights shall have guard rings or equal to protect lights. 9.3 Wiring must be pre -fabricated, sealed loom system, one piece runs with no internal splices with connections only in a junction box. 9.4 Electrical breaker or and fuse(s) to be automotive style, rated and approved by manufacture for all circuit system that apply. 9.5 Solenoids to be located in a whether tight tool box same as 7.2. 9.6 Light Bar to be LED Federal Signal 45-Legende inch part number LGD45ZS-UTAH mounted and wired. 9.7 To have vehicle mounted traffic director (Arrow Board) Wanco - model WFBP5-SAC 30"X 60" with UDOT spec controller and power tilt installed by vendor. Noted: contract Safety Supply & Sign Co. Carvel Anderson 801-973-2266 For light bar & arrow board, that complies to State of Utah DOT standards 9.8 Color -code wire harnesses are provided to minimize installation a time and simplify. 9.9 Additional brackets incorpated into cab-sheild/bluikhead for early warner signal. To be a drop in style so it can be removed as needed. 9.10Clips bolt or welded into body longsills so wiring can be securely run to the rear of the body. 9.11Items welded to the body or frame before they arc power coated painted. Can Comply YES Exceptions 10. Hardware: 10.1 Stainless steel toolbox to be 18 X 18 water and dust tight, suitable dry deck bottom, with lock and shall be installed at the right front corner of bed. 10.2 Metal frame work, right and left of center, welded to headboard. With 2" X 2" x 3116" minimum square tubing (must clear cab and bar light - approximately 5') weld to the headboard to support a Wanco arrow board. 10.3 To have a metal bracket to support arrow board control (9.7), dump control (8.1) and support 2-way radio. To be approved with 1" unit I0.4 . Step for passenger side to be 2-rung part no. RS2 Buyers retractable or equal. Agenda Page 89 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 9 of 12 11 PAINTING: 11.1 The units shall be power coat, except for, rubber and those metallic accessories or futures constructed of rust -resistant or plated material not normally painted. 11.2 Cab -shield, shovel holders, holes for electrical wiring, early warner board brackets and all other accessories that are welded or punch onto body before powder coated. Can Comply YES Exceptions 12 Warranty: 12.1 The units and the motors shall be warranted against all defects in material and workmanship for a period of not less than five (5) years and shall cover 100% parts and labor for each unit excluding lights. If manufacturers standard warranty period exceeds five (5) years then the standard warranty period shall be in effect. Warranty periods shall start on the date the unit is determined to meet specifications and is accepted into STATE's fleet. 12.2 During the warranty period the vendor will be responsible for labor, materials, and other cost associated with warranty repair. It is the intent of this warranty that the vendor performs warranty repair work. The STATE shall provide the In-service date to the manufacturer. Basic warranty shall include an option for the STATE if chosen to allow all STATE shops to be approved to complete, "In house" warranty repairs, at STATE maintenance shops. STATE will assume responsibility for cost of repairs resulting from collision, theft, vandalism, operator negligence and/or acts of God. 12.3 Response Time: Warranty repair action shall begin within two working days after notification is made to the vendor for need of warranty repairs. A representative of the vendor's Utah dealer will be notified by telephone at the location and telephone number designated by the vendor on the data sheet as the point of contact. Excessive delays incurred for the performance of warranty repairs, unless delays have approved and extension(s) granted for an acceptable reason due to circumstances beyond the vendor's control, liquidated damages of $25.00 will be deducted from the invoice for every working day after the expiration of the number of days shown on the purchase or work order until the units are repaired, delivered, accepted, put back into the STATE's fleet. This provision is not intended as a penalty but as liquidated damages. 12.4 Minor Warranty Repair: It is the intent of this warranty that the vendor performs minor warranty repairs; however, at STATE'S option, warranty repairs deemed by STATE to be minor in nature may be performed by U.D.O.T. at the vendor's expense. Parts required for repairs, which arc to be made by STATE, will be OEM parts and obtained from the vendor at no cost to STATE, or from any commercial source. Only the actual time required for repairs will be reimbursed. Reimbursement by the vendor to STATE for the cost of warranty repair will be computed as follows: 12.5 Labor: Labor for warranty repairs will be calculated at the composite rate for the mechanic in effect at the time of the warranty repairs. Labor rate will not exceed CONTRACTOR's bided labor rate per hour. The time allowed for each repair will be determined by the manufacturer's standard time schedule. Manufacturees time schedule shall be furnished to the receiving district with the units at the time of delivery (if available). If a manufacturer's time schedule is not available, the actual time for repairs, as noted above, will be used. 12.5 Warranty Repair Claims: Warranty repairs will be accumulated on STATE repair orders and will be billed from same, unless the vendor prefers to have claims processed on the vendor's standard forms. Agenda Page 90 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 10 of 12 12.7 Parts: Replaced parts will be held thirty calendar days and will be available for inspection by the vendor or authorized representative. Copies of invoices for all parts will be provided to the vendor. The cost of parts other than those furnished to STATE at no cost by the vendor will be billed at actual cost. 12.8 Major Warranty Repairs: When major warranty repairs are required, STATE will notify a representative of the vendor's Utah dealer by telephone at the location and the telephone number designated by the vendor on the data sheet as the point of contact. State any exception and/or additions to the warranty here. PART IV: DELIVERY 1. DELIVERY REQUIREMENTS 1.1 Delivery shall be within 120 days after receipt of order. At State's option, an extension may be granted, whichever is in State's best interest. PART V: PRICE (2-3) Yard Dump Bodies Price as to this bid $13,242.65 1.1 State of Utah will assume responsibility for cost of repairs resulting from collision, theft, vandalism, and operator negligence. 1.2 Cost of repairs and parts that are not covered by warrantee. Such as collision, theft, vandalism, and negligence Response: Labor hourly Cost $81.25 Not available Response: Parts Price (example 10% of net pricing list of 2013) Discount pricing % off PRICEBOOK +15% Price Page date and title RUGBY MAY 12012 Not available Part VI: TRAINING, DOCUMENTATION. ACCEPTANCE, PAYMENT, AND BID SUBMITTALS 1, DOCUMENTATION 1.1 Delivery must include Supplier's Invoice, a Copy of Warranty(s) and an Operator's Manual for each unit. Agenda Page 91 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 11 of 12 1.2 A set of manuals, with the latest revision(s) shall be delivered with each unit at no additional charge. These manuals shall include, but not be limited to, an illustrated parts book, operator's manual, and service manual to include electrical schematics. 2. ACCEPTANCE 2.1 All equipment ordered with this request will be subject to acceptance inspection and performance testing upon receipt. 2.2 Acceptance inspection and performance testing will not take more than five working days, weather permitting. 2.3 The vendor will be notified within five working days of any units that do not comply with the purchase order specifications. 2.4 If any units are canceled for non -acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, for any cost in handling charges. 4. PAYMENT 4.1 Invoices will not be approved for payment until all of the required documentation and manuals have been received and the equipment has been accepted. All parts that are necessary jar the unit to be complete for operation and/or are normally furnished. (Please reference part III). 5. BID SUBMITTALS: Bidders must submit the following in BidSync in order to have bids considered. 5.1 Complete equipment specifications and descriptive literature. Submitted with bid YES Not Submitted with bid Agenda Page 92 of 199 Consent Agenda 7-2 STATE OF UTAH CONTRACT NUMBER: MA304 January 04, 2013 Page 12 of 12 FINET COMMODITY CODE(S): FOR AGENCY USE ONLY 06510 - BODIES, UTILITY 06530 - DUMP BODIES, HOIST SUBFRAMES, ETC. 06550 - LADDER RACK BODIES 06567 - PLATFORM BODIES (INCLUDING ELEVATING TYPE) 06570 - REFRIGERATED BODIES 06585 - TOOL COMPARTMENT BOXES (FOR TRUCKS) 06594 - WINCHES AND CRANES, AUTOMOTIVE REVISION HISTORY: Agenda Page 93 of 199 Consent Agenda 7-2 1/18/2017 DAS Joomla About 3 results (0 13 seconds) Agency Contracts - Year End Planninq File Format PDF/Adobe Acrobat Feb 1, 2013 ... MA-304. Seml Service Inc. 01/07/13 -. 01/08/18. Yard Dump Bodies with Fold. Down Sides. MA-368. Legacy Equipment. 01/07/13 -. 01/08/18. www.purchasing.utah.govinewslettersl...lnews20130124.pdf 2013 He Format PDF/Adobe Acrobat Feb 11, 2016 ... MA-304. Semi Service Inc. 01/07/13 -. 01/08/18. Yard Dump Bodies with Fold. Down Sides. MA-368. Legacy Equipment. 01/07/13 -. 01/08/18. www.purchasing.utah.govinewsietteral...loidnews2013.pdfT2111/2016 Statewide Best Value Contracts File Format Microsoft Excel 244, Equipment & Industrial Supplies, Equipment Rental, MA304, DUMP BODIES WITH FOLD DOWN SIDES, SEMI SERVICE INC, Cody Nelson ... www.purchasing.utah.goviStatewldeLoglStateewideLog.xlmai01031... powered by Custom Search About the Department: About Us Annual Reports Agenda httFrioas.uurn.gowinaempnprope -cam content&view=article&ud=34&catid`2&cx=014442481185814973188%3A7hxciaejhcg&cof=FORID%3A10&ie=UTF-8... Consent Agenda 7-2 I Want to... File a Claim File a Rule Gel my State Vehicle Fixe4 Address and Hours: 3120 Stale Office Building Capitol Hill Complex Page 94 of45001orth Stale Street 213 State of Utah Best Value Equipment & Industrial Cooperative Supplies SERVICE BODIES AND PLATFORM BODIES WITHOUT SIDES SEMI SERVICE INC Equipment Rental MA340 Linda Crawford ]indacrawford@utah.gov 80I-538-3150 1/912018 Agenda Page 95 of 199 Consent Agenda 7-2 STATE OF UTAH APPROVED VENDOR LIST CONTRACT NUMBER: AV2528 January 06, 2017 Purchasing Agent: Nick Hughes Phone #: 801.538.3148 Email: nhughes utahapv Item: FORD Vendor: 84912A Ken Garff Ford 597 East 1000 American Fork, UT 84003 Remit to: SAME Internet Homepage: www.kengarffford.com General Contact: Jim Elliot / Rob Morgan Telephone: 801-763-6824 / 801-692-9255 Fax number: Email: Yimegketgarff com / robertmfgAengarff_com Usage Report Contact: SAME Telephone: Reporting Type: Total Brand/trade name: FORD Price: COST TO BE GATHERED BY ELIGIBLE USER PER ATTACHMENT C OF MASTER AGREEMENT Terms: NET 14 DAYS Effective dates: 10/6/2016 through 10/5/2021 (Subject to re -qualification per the provisions of solicitation #NH 17005) This is a new Contract. Solicitation #: NH17005 The administrative fee for this contract is 0.25%. Multiple awards have been issued. The other Master Agreement numbers and Vendors arc in the table below. This Agreement only covers only those items listed in the RFSQ. It is the responsibility of the agency to ensure that other items purchased are invoiced separately. State agencies will place orders directly with the vendor creating a PRC in Finet. Agencies will return to the vendor any invoice which reflects incorrect pricing. Agenda Page 96 of 199 Consent Agenda 7-2 A�*TMroved Vendor List'r'°hip (Check Each Master sareement to ensure it is activeti VENDOR L;9re<yll illextliumolkti tine IAD � kiLi )omi :C lang? Me' Vielzik ):,pui BM kW Ring awns Mgt Am to thaw44ln.ytiyy)(;1 ft-Wm --Jl� fen Jam Rog! _Ken Qgr'Ff ktd Y.quIg Rani Lanz H Miller Ford V'otaa Taw Into %Edo Mason GMC Nor GMC i T.3CV,[iii .. CATEGORIES QUALIFIED :iteo- 'Marc a CIE VMS ,fiord Fund STATE OF UTAH MASTER AGREEMENT NUMBER ma2a Mau A "BM MU MOM Ford 73031 GMC GMC 4ao MEM 02575 02576 kV?! i`; Mandatory discounts required to be supplied by each vendor under their respective agreements. Discounts are a floor, with each request for a vehicle, a vendor may offer additional and deeper discounts on to of their floor in order to win an bids. Vendor Dealer % off (MSRP): Dealer'%toff optional equipment, Larry H Miller Chevrolet 13% off MSRP 5%.off Young Chevrolet 4% off MSRP 6% off Ken GarFf Chrysler Dodge Jeep Ram Police Car 29% Police SUV 16% Light Duty Trucks 24% Heavy Duty Trucks 26% Light Cars (non police) 17% Promaster Vans 24% 20°l. off Larry H Miller Chrysler Dodge Jeep Ram 1% off of the listed MSRP before destination and delivery charges. 4% off Salt Lake Valley Chrysler Dodge Jeep Ram 10% off MSRP 10% off Agenda Page 97 of 199 Consent Agenda 7-2 Young Chrysler Dodge Jeep Ram 8.51% off MSRP 8.43% Off Henry Day Ford 7.5% off MSRP 11°, Off Ken Garff Ford ' 10% off MSRP Y 30%Off Larry H Miller Ford 12% off MSRP '5% Off ! Young Ford 8.11% off MSRP '4 01% ',Off i Tony Divino Toyota 8% off MSRP 10% off Young Toyota 7.52% off MSRP 8):04%.off Young GMC 4.08% off MSRP 4.13%,off Nelson GMC 5.5% off MSRP 10°4 ,off Young Honda 7.52% off MSRP !$id4% off Stockton 12 Honda 2% off MSRP + destination 10°4:off Please see their respective contracts for more information regarding discounts and/or fleet discounts. INSTRUCTIONS FOR USE OF APPROVED VENDOR LIST In order to assign work under the Approved Vendor List Eligible Users must use a quotation process, listed below, to purchase one or more vehicles based on their needs. During the quotation process an Eligible User will submit a Requested Quote Specification to each Vendor within the manufacturing category, via email or phone quote, on the Approved Vendor List that provides the vehicle(s) required by the Eligible User. Only Vendors on the Approved Vendor List who have been awarded a Master Agreement will be able to participate in the quotation process. Eligible Users must provide a deadline in which the approved Vendors must respond to the quotation process. Eligible Users will then award to the Vendor with the lowest cost that meets the Requested Quote Specifications. Lastly, quotes submitted by Vendors must include all delivery prices. In order to maintain fair and equitable opportunity to compete under the open-ended Approved Vendor List for Statewide vehicles, Eligible Users must adhere to the following steps in purchasing off of the Approved Vendor List: 1. Eligible users must work with their own fleet manager or motor pool personnel that oversee vehicle purchasing. 2. Eligible Users will determine vehicle needs and required features. Eligible Users will develop a worksheet listing the vehicle to be purchased; the delivery schedule; selected optional equipment with the manufacturers equipment codes; exterior and interior colors etc., ("Requested Quote Specifications"). 3. A Requested Quote Specifications should contain all information required to be evaluated and eligible for consideration i.e. specifications for vehicle, time fame for delivery, availability of inventory, etc. For example, if a dealer provides a vehicle at a lower cost but is not able to meet the timeframc requested, the dealer will be considered non -responsive for that individual bid. 4. Eligible Users must then submit the Requested Quote Specifications to each approved Vendor in the manufacturing category which provides the requested inventory item. Eligible Users should identify in their Requested Quote Specification that quotes are being sought under the Statewide Approved Vendor List and seek, at a minimum, all discounts identified in Vendors proposal. Agenda Page 98 of 199 Consent Agenda 7-2 5. Eligible Users must document the procedure used to evaluate the offers. Eligible Users must also provide a deadline in which Vendors must submit responses. 6. Eligible Users must follow the Utah Procurement Code in evaluating bids. 7. Eligible Users must award the lowest responsive and responsible bidder that meets the Requested Quote Specifications. 8. Eligible Users will coordinate with winning Vendor for completion of bid. Executive Branch Agencies falling under the jurisdiction of the State Motor Pool or Division of Fleet Operations will be required to coordinate with State Motor Pool or Division of Fleet before using the AVL. Fleet Operations Use of the Approved Vendor List: 1. State Fleet Operations will build vehicle specifications. These are Fleets most common vehicle purchases (class standards). 2. State Fleet will generate an estimated number of vehicles needed for each class standard. 3. State Fleet will then send these specifications, along with estimated amount of vehicles needed for each class standard, to all vendors on the Approved Vendor List requesting current model year pricing. a. The estimated number does not guarantee purchase of that amount. 4. The manufacturer and vendor that meet Fleets requirements for best vehicle in each of these classes, for that model year, will be the vendor of choice for that year. Each class will be looked at separately and will be awarded individually. 5. The pricing that is submitted for each class standard will need to be held throughout the model year buy cycle. 6. As additional vehicle specifications are needed throughout the year, Fleet will follow the above referenced procedures. Pricing received on these specifications will also need to be held for the model year. • Vendors will not be allowed to negotiate additional terms and conditions based on the Scope of Work (provided for in Attachment B: Statewide Vehicle Response Form) or Requested Quote Specifications. • The State of Utah Division of Purchasing may assist Eligible Users in using the open-ended Appmved Vendor List. Vendors must submit a quarterly usage report and administrative fee every quarter. FINET COMMODITY CODE(S): 25100 Motorized Vehicles Agenda Page 99 of 199 Consent Agenda 7-2 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 7-3 Title: Approval of a Request by Jon Olschewski for an Amplified Music Event at Old City Park on May 13 and 14, 2017 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder Department: Parks Applicant: Jon Olschewski Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. 1 Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve (insert agenda item title here). " Attachment(s): Please see attached letter from Jon Olschewski. Agenda Page 100 of 199 Consent Agenda 7-3 Monday May 20, 2017 Mayor and Moab City Council 217 E. Center St. Moab, Utah 84532 RE: Old City Park Dear Mayor and Council, I would like to request the use of the Old City Park for an amplified music event. The dates and times of this event will be Saturday May 13th, 12 P.M. noon until 9P.M. and Sunday May 14th, 12 P.M. noon until 6P.M.. These events will showcase for the community, performances of local musical talent and regional (Salt Lake City, Utah based) talent. This feature of music and art is all ages and provided to the community free of charge. The Moab Arts Council has given wonderful support in the past, as has this council. Moab local support has also been terrific. Moab Gear Trader has been kind in donating the cost portion of park rental. Thank you for considering these requests. Sincerely Jon Olschewski 293 Park Lane Moab, Utah 84532 435-258-6086 co c v 00 Page 101 of 199 Consent Agenda 7-3 i1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 7-4 Title: Approval of a Request to Send Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to a Public Hearing on April 11, 2017 at approximately 7:15 PM Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: Moab City Background/Summary: This petition for annexation was accepted by the City Council on January 10, 2017. I then certified the annexation on February 6, 2017 and advertised the protest period. The protest period ended on March 6, 2017 and I received confirmation from Grand County that no valid protests were received. The next step in the process is to send the proposed ordinance adopting the annexation to a public hearing on April 11, 2017 at which time a zoning recommendation and annexation policy plan would be included. I've attached the annexation checklist for your reference. Options: Approve, Deny or Postpone Staff Recommendation: Approve the request to send the proposed ordinance to public hearing on April 11, 2017. Recommended Motion: I move to approve item # 7-4 Attachment(s): Proposed Ordinance #2017-05 Annexation Petition Notice of Certification Annexation Checklist Agenda Page 102 of 199 Consent Agenda 7-4 /'Y_JC 11 CN FR JlT S o% 25% so% SPA I NFCRMAT1 CN • Nicholas D. Brown • agoo Pueblo Alto • Santa Fe, NM 87507 • 505-795-5529 759/0 i00% AN\EXAII CN CH32KU ST ITEM Petition Received Address (adjacent to City Limits) Contact Name Contact Phone # Copy of Petition mailed to County Clerk & PC by applicant Notice of PC Meeting posted on property City Council Acceptance/Denial Notice of Denial Mailed Planning Commission Review Recommended Zone PC Annexation Review Received Certification Date Notice of Certification to City Council Notice of Certification to Affected Entities Notice of Certification Published Protest Period Ends Protests Received City Council Agenda to Set Public Hearing Ordinance # Public Hearing Date Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Annexation mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder City Zoning Map Updated DEFPJ LS 23-Dec-16 435 River Sands Rd. Nicholas D. Brown 505-795-5529 = a3-Dec-a6 ao-Jan-i7 n/a g-Feb-a7 R-4 io-Mar-a7 6-Feb-17 6-Feb-a7 6-Feb-a7 02/09 02/16 02/23/2017 6-Mar-a7 No 28-Mar-i7 2017-05 la-Apr-a7 Compl eted f J f J f J f Agenda Page 103 of 199 Consent Agenda 7-4 ] City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PYMT REC`D CITY OF MOAB DEC =3 2016 AAnn -ge c :112514 PETITION FOR ANNEXATION Petition Date: 1 Z j 1 1 l �' Petition Description (Approximate Address): 435 f Ve-t -5Avv;\S Acer-1/4c\ Contact Sponsor Name: Contact Sponsor Mailing Address: Z 61C) �' ?L''' Q-br o A 1T0 Sc.,,vfa, Sri SC Contact Sponsor Phone Number: �S Z� We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiplepetitioner petition. Printed Name Mailing Address Signature 2. 3. 4. 5. 6. 7. an a RECE DEC 12 BY: Consent Agenda 7-4 Page 104 of 199 r V .$ 9. 10. * Moab City Code 17.12.150 Moab City -Annexation Petition The territory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; 44 N An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; VLv 't, D-RS S .re Copes of notices sent to affected entities; kl A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. Ltt; 12,.\(Q4- 5 a.„ , fr\I\ cv-e.A3 VAA,'`-- $ `t 3 2 A Qo.ccp,j w",tL,�, ,� E d-f 35- 1 0�''^51.:p 15' �_ � �� _��, � Gf-�_a cbwr+y 6_3:� orl-;c_:-AosA5 (),2,5c�(9-e-A a5(3”z,en.b s w a p a.Sr t 6ea - 54, sq ° S4' inie5+ Ft , c-1u ti� ti,x ,Sash;, t4. b07" (A' west 14g.9 ©r"Jr aF See.--i1o,,, 3Si f L5-5 0-11Ei5i-f3 (1(41" 6-° � b �,' w a-5f 12b ,1 -C+, 4-0 0.- Pc' cpa, co, to 0„ (5,,.ry j LNe.net atws 41,e 6;5 b� ava�, $?*',`4 rEo,,st. t77, � �� � �-Q nc� Sv-�Z d0° p� r Ez, , 4-0 R Mc›co- b04-4"-ZN-c<3 S 72,i 64-1 s `4-7 orz— 5, 62. a-cf--k.5_ Page 105 of 199 b-L epueSvluesuop t4.6(tio De,_( f\f\cA, 6,‘N) C s;s-J-f t� r e_ an. 3 w t `\ nic2-12h-sz_ c Ji2r-). 5e:5Z3rA, @� en v-\)\,-N- _62- 5-G� y rz)-1,3 fecA c.Qd re-CAre j irw,,re G��'" � .r.,o i- Ga � .�-� i5�1 \-A-0 -tom C 2. cr‘ v Q . cLArc.. a-N -3'4-1 Jk"-Q Fo)e-Q_Cv,r� 5V— ex, v. 3 ,ram e sz, S 1 oq`.--cAo5 . RECEIVED DEC 12 BY: Cy-k Page 106 of 199 Consent Agenda Agenda 03-035-0042 ROHR-COOLEY o+ SOUTH QUARTER CORNER SECTION 35, T255, R21E, SLB&M (FOUND MON) LEGEND BROWN-RIVERSANDS ANNEXATION MAP Surveyor's Certificate MOAB CITY, GRAND COUNTY, UTAH LOT 2 HAZLET MINOR SUB. PRESENT CITY LIMITS N 89°54' E 179.6' HOUSE v u u _Lf_ v 03-035-0133 NICHOLAS D BROWN S 89°54' W 179.6' New Business - 7-10 .V9ZI 3 .90.00 S Fence Line Edge Of Asphalt Section Comer Monument p Property Comer PRESENT CITY LIMITS S 89'54' W 1675.6' DEER TRAIL TOWNHOMES SUB. BASIS OF BEARING APPROVED BY MOAB CITY MAYOR APPROVED CITY RECORDER APPROVED SOUTHEAST CORNER SECTION 35, T2SS,R21E, SLB&M (FOUND MON) Consent Agenda 7-4 CIVOIJ SONVS 213/kIb GRAPHIC SCALE 20 0 10 20 1" (INCH) = 20 ' (FEET) I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504.1 further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ANNEXATION DESCRIPTION A parcel of land within the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab City boundary, thence along the City boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Lucas Blake License No. 7540504 COUNTY SURVEYOR APPROVAL: APPROVED THIS DAY OF 2017A.O.BY COUNTY SURVEYOR COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE COUNTY RECORDER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 435 RIVER SANDS RD MOAB, UT 84532 T end Snrw ring 4150 tburennan L,"r Moab. UT e4533 433.2 d°3o4 Project 170-16 Date 11/2S/16 Sheet 1 OF 1 Page 107 of 199 N OTI CE OF PROPOSED AN N EXATI ON Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex .52 acres, more or less, of property located at approximately 435 River Sands Road, and more particularly described as follows: A parcel of land within the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab aty boundary, thence along the aty boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Said petition was received by the Moab City Council on January 10, 2017 and certified by the Moab City Recorder on February 6, 2017 which certification states the petition meets the requirements of Title 10-2-403(2), (3) and (4) of the Utah Code Annotated as follows: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B-2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and Agenda Page 108 of 199 Consent Agenda 7-4 5) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 6) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; A copy of the complete annexation petition is available for inspection and copying at the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Moab City may grant the petition and annex the area described in the petition, unless a written protest to the annexation petition is filed with the Grand County Boundary Commission and a copy of the protest delivered to the Moab City Recorder. The protest period will be 30 days from the date of certification and will end on March 6, 2017. Protests may be filed with the Grand County Boundary Commission, c/o Grand County Clerk's Office, 125 E. Center St., Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Protests may be filed with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 6th day of February, 2017. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT February 9, 16 and 23, 2017. Agenda Page 109 of 199 Consent Agenda 7-4 ORDINANCE #2017- 05 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE BROWN PROPERTY ON NORTH RIVER SANDS ROAD TO THE CITY OF MOAB WHEREAS, on December 23, 2016, the Moab governing body received a petition for annexation of certain property approximately .52 acre in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with multi -family residential uses, an allowed use in the requested zoning designation; and WHEREAS, the City Recorder on February 6, 2017, certified that the application complies with applicable law of the State of Utah and the Moab Municipal Code; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on February 9, 2017 to review the annexation and the requested zoning for R-4, Manufactured Housing Residential Zone and found that the zone is acceptable for the types of uses proposed for the area; and WHEREAS, as required by law, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Brown Annexation, as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 435 N. River Sands Road, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be R-4. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS DAY OF , 2017. Ordinance #2017-05 Agenda Page 110 of 199 Page 1 of 4 Consent Agenda 7-4 ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Ordinance #2017-05 Agenda Page 111 of 199 Page 2 of 4 Consent Agenda 7-4 EXHIBIT # 1 A parcel of land within the SE 1/4 of Section 35, T25 South, range 21 East, SLBM, Grand County, Utah being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54'West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the southeast corner of Section 35,T25S, R21E, SLB&M and running thence North 00° 06' West 126.1 feet to a point on the current Moab City boundary, Thence along the city boundary North 89 54' East 179.6 feet, thence south 00° 06' East 126.1 feet to a point on the current Moab City boundary South 89°54' West 179.6 feet to the point of beginning. Ordinance #2017-05 Pare 3 of 4 Agenda Page 112 of 199 Consent Agenda 7-4 'TWA, w n4: uxex, ZSSVBliI'9V0511 Q3i$f3NV$8nma £4 dV3ti NOiL1dX3NNY NV10I8341 OH Y 3SY0 3NY111V5 1SV3 Li 3W/01'141On SC iIWSNMAl SS NOIi.]3S d0 s3311:1XMLSYMVIOS 3.41.01 O31>170T 1e01100rurea 3:1 3HW 300 xuSKO9r 34115r07RIDar 441410]0W119)01,43.a J 10N UM 4003r A1NDP) aw.snanswr�o3 nwoo -suum owwr na unual 13N0A3ArN5 r.w1107 409345[AM _-...II Q44e10 soPrn sous i511r01114 ee5i21[nIeluo) 1M,4190430 lwud iw 01100y 9.6[1300AA15.6841n0511P.rny Al 4ayl 9uge 14030 Awpurcq A1179egkwin, oo:upd aoi Wd5 netEse3 .90A7 41.10S XAOAP 5.,.Y9-50 15e3.VS.69 4AN 7apunoq hyd. age Huai Noma•,Oepunoq k1g geoe3 locum. ayn un %L od eau kid; L'9LS ISOM,90.00 WON UYJ4,11 Bu1m^, Pue WgBTi'ICES T5ASS WI:49101iu-43:5S yACI La MI }e'91'I alVe.90.00 4Yg1 Vue auA uPR'is ay} &tlge Ray 9' 9L9S Isom eS.6991nP5 utael lelcd Per 1C tPunaq A117e ow Wa33nP ailWnP:?N'n a31od a3e 9upr.E�aO sono 4oi °P PaqeisaP hp d n3111 Ad „„8i F4'elplfl %Iwo] Pule VAIPWIN Put an9 olJei i{ES 7se3 Li darer 'y31055Z d A.0,01'S9 0011005P-0130091+oa,7nP9 x1 u1 yWM P1elic FEN Ed V NOLLM]S30 110IIVe3Ne.H ui.ai4 avo a..rs•ww*WM' RriY0.Wgipp.uur.uwa P.1•1. 3.NAa»eiru I'fal0AS3'do .M1 ride I.11Px.V�r1 A.45 ry0lw...1.11•94. la PANIPAI FINd.addd A UI 11cpddRad Asp xdrd 01001[1,000dar0,05 f1il0. cE •IM]Pd.i a 3117501HdV119 RIVER SANDS ROAD x uAwen idldraDdd uo aencwm nnwn rr7r 0147/,15111,5 7Ete5SAl YE MUMS tl3ptlP] AllO eVow AS omoaddn S IW3a AY(31 v.,M.eA! '9fi5S31101-INM01 11V01933O SLIWII u17110353dd �n • • n 9'GLI M,b5.595 1 NM0019 0 WO H71N ££:0-S£0£0 Hard 1 .w.x,N.*waas utlWn ED33N � z+w 35110H .9-GLI 3 .11.69 N x -N ., ,. .1 % R XNA % % % % % % .. % % A SlIV41l AA101NNald Htltn 'AJ.NnOD ❑hardS ',LLD avow dFlw NOI INMNNV SONVS82AR1-NM0219 INNS 1lCHIIN 1dRY'H i 1Ol ON3031 Ira1V arMix f1A W4'5 . sR muxs a3rYD] h� .4.31007.9HQ9 Ss00.5G0.90 A X. % -X A Z# }!q!4X3 Ordinance #2017-05 Consent Agenda 7-4 Page 113 of 199 RESOLUTION #22-2017 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB ALLOWING FOUND PROPERY BICYCLES TO BE DONATED TO NON- PROFIT ORGANIZATIONS, THE GRAND COUNTY MIDDLE SCHOOL AND THE MULTI -CULTURAL CENTER AND SENDING ALL OTHER VALUABLE PROPERTY TO PROPERTYROOM.COM FOR DISPOSITION WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1. The property detailed on the attached list is hereby declared as found/unclaimed property. 2. City staff are directed to dispose of property as authorized by this resolution. 3. This resolution shall take affect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 1 lth day of April, 2017 SIGNED: ATTEST: David L. Sakrison, Mayor Rachel Stenta, City Recorder Resolution #22- 2017 Agenda Page 114 of 199 Consent Agenda 7-5 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda item #: 7-5 Title: Donation of found property bicycles to Grand County Middle School and The Multi -Cultural Center. Other valuable found property to be sent to Propertyroom.com. Fiscal Impact: N/A Staff Presenter(s): Cindy Montague Department: Police Applicant: N/A Background/Summary: There are 11 bikes currently in inventory to be donated, and miscellaneous property ready to be shipped to Propertyroom.com. The process is complete, as required by the State of Utah, code 77-24a-5. 1 Options: Approve, Deny, or Table Staff Recommendation: Donate bicycles to non-profit organizations, Grand County Middle school and The Multi -Cultural Center. GCMS Principal Melinda Snow and MCC Coordinator Leticia Bentley will oversee programs for children in the Moab community to receive the bikes. All other property of value, pending approval, is ready to be shipped to Propertyroom.com. Recommended Motion: Approve Attachment(s): Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscellaneous items as Found/Recovered Property. Contact us at 435-259-8938, within 8 days, to identify the items, or they will be disposed of on or after January 19, 2017. "GIANT" Mountain Bike, Red in color, #E111073 Specialized Fuse One BMX Bike, White in color, #E76623 Unknown Make/Model Bike, Blue/Black in color, #E129539 Agenda Page 115 of 199 Consent Agenda 7-5 Mongoose Mtn Bike, Gray/Black w/Green Writing in color, #E122012 BMX Bike, Red/Black in color, #E112730 Mongoose BMX Bike, Orange in color, #E145005 Murray Bike, Blue in color, #E145004 BMX Bike w/Pegs on Side, Gray in color, #E130034 Red/Black Bicycle Helmet, # 11531 Black Droid Cell Phone, #E99508 Cannon Power Shot Camera, Silver in color, #E123014 Samsung cell phone, Gray in color, #E111072 Amazon Kindle in Black Leather Case, #E139000 Folding Knife, Brown/Gray in color, #E 111101 Black Kyocera Touch Screen Cell Phone, #E112729 Tri-fold mens wallet, Brown in color, #E129532 Miscellaneous Bike Parts, #E131001 Miscellaneous Bike Parts, #E131002 Wooden Jewelry Box, #E112695 Bicycle fork, seat, lock w/cables, 2 shocks, other bike part, #E112694 Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscellaneous items as Found/Recovered Property. Contact us at 435-259-8938, within 8 days, to identify the items, or they will be disposed of on or after March 24, 2017. Rockshox, Front Fork Scandium69 Frame Bicycle, White/Green in color, #E131067 Harley Handlebars w/spare tire Bicycle , Gray in color, #E156000 Ross Bike, Silver in color, #E155500 Black HP Computer Video Camera, #E151500 Agenda Page 116 of 199 Consent Agenda 7-5 PROPERTYROO1V.com 1 1 Pep lefrolaiPapu: ` d Agrcy e Pickup Doh: Aymey Addrue argot PiekuplGI! dgonMelton CRT "WWI ApeocyA tw9ele A;erq Wren LP Cudc Lier Minim AeMOgioidloo tiro SeWHum* ApiarReinnl 111111111111 1226•oeohee BILLDl�rj6 ill OM' :IDIt-r ONOI Pli l'1508 11111114°4[19 f 1225•aoaaae i r co 111:,klr�obf icgc 1al6) Q ]��. FA liE 1PoiLi 1,,GI�565 IN11111111111 12254mm ^ ,=, Inl�}ii.ivIsqnail pi,,,,, P��113 Bil1m1n1111i111111 1225.000501 bicoj../ Jh�tiogpn 4fRiciii6, ill a . )la i. 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CI AlFrew�hgClnYl[PRCdubFWl;Elu ■IYta:',1r,,,: Cyf '0 Aor..ingr.. R....4 f. Agenda Page 118 of 199 Consent Agenda 7-5 Agenda Summary Moab City Council March 28, 2017 PL-17- Agendaltern #: 8-1 [Title: Review and Adoption of Resolution #03-2017 Approving a Conditional Use Permit for 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 Representative/Applicant: Mike Bynum Background/Summary: City staff members David Everitt and Jeff Reinhart met with Councilmember Kalen Jones, Mike Bynum and Christina Sloan on March 16, 2017 to discuss conditions for the Mill Creek Housing project that could be proposed to the council for the March 28, 2017 meeting. The following six conditions were discussed: 1. Applicants shall participate in the construction of public improvements as required for the Mill Creek Development in accordance with the future design and construction of Mill Creek Drive pursuant to an Improvements Agreement; 2. Applicant shall construct and install a wooden privacy fence at least 6' in height on the north and east property boundaries. 3. Applicant shall submit a revised Landscaping Plan prior to issuance of the building permit compliant with MMC Chapter 17.09.660(1), which shall include screening along the north and east property boundaries with locally adapted shrubs or trees with mature heights of at least 15' at a spacing which will create continuous coverage at maturity. 4. Applicant shall submit a Lighting Plan prior to issuance of the building permit with full cutoff, downward directed and fully shielded exterior lighting that does not reach neighboring properties in compliance with MMC Chapter 17.09.660(H) and 17.09.300. Applicants shall cooperate with the City Planning Department to install warm lamps with a lumen not to exceed 2.50 lumens per square foot of hardscape to minimize impact on the neighboring properties but also provide safety for residents. 5. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties and shielded to the extent possible. Agenda Page 119 of 199 6. The finished elevations shall not exceed 40 feet from final grade, using the building height definition found in MMC Chapter 17.06.020 which states: building height means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof. 7. Applicant shall record a deed restriction that all rentals must be thirty-one (31) days or longer for a period of fifteen (15) years. A short discussion with the Utah Property Rights Ombudsman about some of the conditions proposed at the last council meeting revealed that the parking exception could not be overturned and additional requirements imposed. Staff was also cautioned about requiring amendments to a duly approved site plan that would change the arrangement of the elements of the plan especially using standards that are not part of the code. Council tabled the action in order to consider conditions that were suggested by Councilmember Jones. 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. Applicants shall participate in the construction of public improvements are required for the Mill Creek Development in accordance with the future design and construction of Mill Creek Drive pursuant to an Improvements Agreement; 2. Applicant shall construct and install a wooden privacy fence at least 6' in height on the north and east property boundaries. 3. Applicant shall submit a revised Landscaping Plan prior to issuance of the building permit compliant with MMC Chapter 17.09.660(1), which shall include screening along the north and east property boundaries with locally adapted shrubs or trees with mature heights of at least 15' at a spacing which will create continuous coverage at maturity. 4. Applicant shall submit a Lighting Plan prior to issuance of the building permit with full cutoff, downward directed and fully shielded exterior lighting that does not reach neighboring properties in compliance with MMC Chapter 17.09.660(H) and 17.09.300. Applicants shall cooperate with the City Planning Department to install warm lamps with a lumen not to exceed Agenda Page 120 of 199 2.50 lumens per square foot of hardscape to minimize impact on the neighboring properties but also provide safety for residents. 5. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties and shielded to the extent possible. 6. The finished elevations shall not exceed 40 feet from final grade, using the building height definition found in MMC Chapter 17.06.020 which states: building height means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof. 7. Applicant shall record a deed restriction that all rentals must be thirty-one (31) days or longer for a period of fifteen (15) years. Attachment(s): Draft Council Resolution #03-2017 (including plat and legal description) Updated Site Plan Phasing Plan Agenda Page 121 of 199 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 Bynum of Red Rock Partners, with offices at 50 West 100 South, Moab, Utah, 84532 and Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W, Centerville, Utah 84014, as the "Owners" of record of a 6.94 acre parcel of land located in the C-4 (General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, and more particularly described as follows: Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51 " East 428.72 feet along the section line from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88°52'51 "East 229.95 feet along the section line to the northwest corner of that portion conveyed to Lathrom as Entry No. 474498 in book 679 at page 258; thence South 01 °15'09" East 10.57 feet; thence South 89°34'34"East 127.60 feet; thence North 89°3722"East 122.90 feet; thence North 01 °15'09" West 15.60 feet to the section line and northeast corner of said conveyed portion; thence North 88°52'51 " East 411.55 feet along the section line to the northeast corner of Lot 41; thence South 00°53'00" East 351.85 feet along the east line of Lot 41 to and along the east line of Lot 46; thence South 88°47'31 " West 200.60 feet; thence South 46°1229" East 27.86 feet; thence South 88°47'31 " West 353.55 feet; thence North 46°12'29" West 27.86 feet; thence South 88°47'31 " West 248.95 feet to a point on the east right of way line of Mill Creek Drive; thence North 15°01'09" West 363.75 feet along said right of way line to the point of beginning. Contains 302330.47 sq. ft. OR 6.94 acres; and WHEREAS, Owner is proposing to construct rental housing units and the associated parking and open space on the property described above; 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 and Conditional Use Permit as required by MMC Sections 17.09.530 and 17.09.660; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the site plan during a regularly scheduled public meeting on September 24, 2015, to hear evidence of compliance with the requirements of the pertinent code provisions; and WHEREAS, Owner proposed and was granted a parking exception by the Planning Commission, as permitted in MMC 17.09.220 Q, 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; and WHEREAS, at said meeting, the Commission adopted Resolution #09-2015 approving the site plan and required modifying the parking exception 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 favorably recommend to the City Council the Conditional Use Permit for dwellings on the ground floor to the City Council with the following requirements: 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; 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, 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. Agenda Page 122 of 199 Page 2 of 2 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. 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. WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City Council approval of apartments and dwellings on the ground floor in the C-4 Zone, in accordance with MMC 17.09.530, Conditional use permits; and 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 17.09.530; and WHEREAS, the Moab City Council agrees with the Planning Commission and found that the proposed use of dwellings on the ground floor satisfies 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. Applicants shall participate in the construction of public improvements as required for the Mill Creek Development in accordance with the future design and construction of Mill Creek Drive pursuant to an Improvements Agreement; 2. Applicant shall construct and install a wooden privacy fence at least 6' in height on the north and east property boundaries; 3. Applicant shall submit a revised Landscaping Plan prior to issuance of the building permit compliant with MMC Chapter 17.09.660(1), which shall include screening along the north and east property boundaries with locally adapted shrubs or trees with mature heights of at least 15' at a spacing which will create continuous coverage at maturity. 4. Applicant shall submit a Lighting Plan prior to issuance of the building permit with full cutoff, downward directed and fully shielded exterior lighting that does not reach neighboring properties in compliance with MMC Chapter 17.09.660(H) and 17.09.300. Applicants shall cooperate with the City Planning Department to install warm lamps with a lumen not to exceed 2.50 lumens per square foot of hardscape to minimize impact on the neighboring properties but also provide safety for residents. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties and shielded to the extent possible. 5. The finished elevations shall not exceed 40 feet from final grade, using the building height definition found in MMC Chapter 17.06.020 which states: building height means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof. 6. Applicant shall record a deed restriction that all rentals must be thirty-one (31) days or longer for a period of fifteen (15) years. ADOPTED AND APPROVED by action of the Moab City Council in open session this 28th day of March, 2017. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 123 of 199 666 1° 17Z1. abed N SSMH 8" PIPE RIM=4276.18 INV=4267.38 N �- 428.72' NORTHWEST SSMH CORNER RIM=4280.44 SECTION 17, INV=? [30LTEC�'', LID T26S, R22E, II SLB&M (FOUND MONUMENT) N N 50 CRAP 0 �- - IC SCALE 25 50 z, 100 (i\ci i) 5-6 POINT OF BEGINNING 8°5'51x" W X229�(95' X OH OHP OHP LOT 43 Narrative x OHP OHPOHP -OHP OHPOHPOHPOHP N 88°47'31" E 248.95' S 46° 12'29" E 27.86' LOT 45 RED ROCK PARTNERS LLC 01-017-0003 N 01 °15'09" W �10.57' S 01 ° 15'09" E 15.60' LATHROM S 88°52'51" W 411.55' NN 9°34'34" W X127�60' � S 89°3 ''22" W 122.90' LOT 42 PARCEL 1 TOTAL AREA 302330.47 SQ. FT. 6.94 ACRES ORIGINAL BOUNDARY LINE S 88°42'09" W 397.65' The Basis of Bearings is North 88°52'51 " East between the found Northwest corner and the north quarter corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian. The purpose of this survey is to retrace and monument the boundary of the above described properties according to the official records and the location of pertinent existing improvements located on the ground and to modify the boundary line between them as shown hereon. LEGEND Power Pole D4 Wcic, Valve Guy 'Or re Pro.>erly Corse, Fourd 'roperly Corne vcrant 1 ,cc (Size As Noted) Section Corner Monument x x GAS - GAS SD SD OHP- OHP Fc-cc Li-c Gcsie Slor�ri Itrai- Line Sn-Lcry Scwer Line Water Cre "v cncccd Power Line N 88°47'31" E 33.55' NEW BOUNDARY LINE PARCEL 2 TOTAL AREA 333177.46 SQ. FT. 7.65 ACRES LOT 56 BYNUM 01-017-0004 0 co o6 CV M N 00°59'04" W LOT 41 N 88°47'31 " E 200.60' is\_N 46° 12'29" W 27.86' LOT 46 RED ROCK PARTNERS LLC 01-017-0003 LOT 55 RED ROCK PARTNERS LLC 01-017-0003 Agenda CONCRETE 1320.65' SHED TONINELLI 02-008-0082 V NORTH QUARTER CORNER SECTION 17, T26S, R22E, SLB&M (FOUND MONUMENT) LOT 40 u7 HAWKS 02-008-0083 LOT 47 MOAB DEVELOPMENT TRUST 01-017-0007 trn 0 S 00°53'00" E S 88°40'02" W 328.43' LOT 54 JOHNSON 02-017-0105 Surveyor's Certificate I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ORIGINAL PARCEL 1 (01-017-0002) All of Lots 41, 42 and that portion of Lot 43 lying East of Mill Creek Drive less that portion conveyed to Roy L. Lathrom and Lana Pauline Lathrom with the overall boundary being more particularly described as follows: Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51" East 428.72 feet along the section line from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88.52'51" East 229.95 feet along the section line to the northwest corner of that portion conveyed to Lathrom as Entry No. 474498 in book 679 at page 258; thence South 01 °15'09" East 10.57 feet; thence South 89°34'34" East 127.60 feet; thence North 89°37'22" East 122.90 feet; thence North 01 °15'09" West 15.60 feet to the section line and northeast corner of said conveyed portion; thence North 88.52'51" East 411.55 feet along the section line to the northeast corner of Lot 41; thence South 00°53'00" East 327.35 feet along the east line of Lot 41 to the southeast corner of Lot 41; thence South 88.47'30" West 809.26 feet along the south line of Lots 41, 42 and 43 to the east right of way line of Mill Creek Drive; thence North 15°01'09" West 338.52 feet along said right of way line to the point of beginning. NEW PARCEL 1 Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51" East 428.72 feet along the section line from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88.52'51" East 229.95 feet along the section line to the northwest corner of that portion conveyed to Lathrom as Entry No. 474498 in book 679 at page 258; thence South 01 °15'09" East 10.57 feet; thence South 89°34'34" East 127.60 feet; thence North 89°37'22" East 122.90 feet; thence North 01 °15'09" West 15.60 feet to the section line and northeast corner of said conveyed portion; thence North 88.52'51" East 411.55 feet along the section line to the northeast corner of Lot 41; thence South 00°53'00" East 351.85 feet along the east line of Lot 41 to and along the east line of Lot 46; thence South 88°47'31" West 200.60 feet; thence South 46°12'29" East 27.86 feet; thence South 88°47'31" West 353.55 feet; thence North 46°12'29" West 27.86 feet; thence South 88°47'31" West 248.95 feet to a point on the east right of way line of Mill Creek Drive; thence North 15°01'09" West 363.75 feet along said right of way line to the point of beginning. Contains 302330.47 sq. ft. OR 6.94 acres. ORIGINAL PARCEL 2 (01-017-0003) Lots 45, 46, and 55, of Section 17, Township 26 South, Range 22 East, SLM, Grand County, Utah. NEW PARCEL 2 Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51" East 428.72 feet along the section line and South 15°01'09" East 363.75 feet from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88°47'31" East 248.95 feet; thence South 46°12'29" East 27.86 feet; thence North 88.47'31" East 353.55 feet; thence North 46°12'29" West 27.86 feet; thence North 88°47'31" East 200.60 feet to a point on the east line of Lot 46; thence South 00'53'00" East 631.45 feet to the southeast corner of Lot 55; thence South 88°40'02" West 328.43 feet to the southwest corner of Lot 55; thence North 00°59'04" West 328.80 feet to the southwest corner of Lot 46; thence South 88°42'09" West 397.65 feet along the south line of Lot 45 to a point on the east right of way line of Mill Creek Drive; thence North 15°01'09" West 313.03 feet along the east right of way line of Mill Creek Drive to the point of beginning. Contains 333177.46 sq. ft. OR 7.65 acres. Lucas BI: e License No. 7540504 LOCATED IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN BOUNDARY LINE ADJUSTMENT 1537 MILL CREEK DRIVE MOAB, UT 84532 RED ROCK PARTNERS RED DESE Land Surveying L290 Z'-rrre-rcr Lane Mocb, U- 8L532 L35.260.01 04 C Pro:cc 035 -17 5"CC� '2/.2.5/17 OF 1 Mill Creek CUP Legal Description Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51" East 428.72 feet along the section line from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88°52'51" East 229.95 feet along the section line to the northwest corner of that portion conveyed to Lathrom as Entry No. 474498 in book 679 at page 258; thence South 01 ° 15'09" East 10.57 feet; thence South 89°34'34" East 127.60 feet; thence North 89°37'22" East 122.90 feet; thence North 01 ° 15'09" West 15.60 feet to the section line and northeast corner of said conveyed portion; thence North 88°52'51" East 411.55 feet along the section line to the northeast corner of Lot 41; thence South 00°53'00" East 351.85 feet along the east line of Lot 41 to and along the east line of Lot 46; thence South 88°47'31" West 200.60 feet; thence South 46°12'29" East 27.86 feet; thence South 88°47'31" West 353.55 feet; thence North 46°12'29" West 27.86 feet; thence South 88°47'31" West 248.95 feet to a point on the east right of way line of Mill Creek Drive; thence North 15°01'09" West 363.75 feet along said right of way line to the point of beginning. Contains 302330.47 sq. ft. OR 6.94 acres. Agenda Page 125 of 199 Nnd 311S llVk13AO 0•E3 laeus HSN HSH NN ELI'SL :Ae pe110ey0 :Aq peu6lsep :AG whelp uegwnN loalad :suolslnay liGGWtt9 LipyFfAO MOWN /OM kink M31A38 :ploaay anssl 73 O v 0 0 N 0 V 0 V V CO 0 m r C� m m 0 P3 O D W C CO CO 1\3 OO all .6LIV(.10S 1g bw,aauibu3 11a9 l0 7uasuoo puo a l wiad ua7711m buiuio,goIsv) inog7im ,(liotl PM,11 Auo 01 paubissso aq o07 Aaq, a u sloq.x i w a1 Auo u1 paitloa Jo pabuoyo aq 01 lou alo suold uo sayl amid asoql u1 s7g6u A7ia^d0osd Jaywoapuo ls6iy(doa ayl Flssaidxa DU, '6uiAan nS 1S 6uuaaoibu3 1109 woa eupeauosu3Noc•mmm 50L l-Lve (OL6) mew oovamoo .OJNvidna V 311f1S 3AIHa 1NIOd >1O01d 9Z l 'OM 'ONIA3nHnS'8 91\11833NION3 dd00 JNi9NIAHAtl11S i- nanraman. •ON 417# ANl ON 1.3 ()I ped Jaisd xnus3s N]r9 RA' ped aaisdwp I %00'UOT I,T9 SLZ I°101 %676£ 17T0'80T sllemapls / aoeds uado / adeospuei %69-6Z 6Z818 (mamas Eulpnpxa) Aempeo8 / easy 8u1pp ad %L8'17T VL6'017 pe9Ta5 %St9T L6L'1717 8ulpling a8elua»ad Os) easy ash 3lgy135f1 ONKI r ti1 n +N:1nMl =» f ._tea 3 _1 dr, , r,.1 41MI epua2V � - -1- 0 v 1> m N +1 I r :11=++m,. 1N3rv3SV3 a3M3S rv2x)1S .06 ., 01 .x s .m.. _ xnealls- MIS Ai 1N3h75Y3 213M3S WIRfTS ,5aa , \i T7 r Page 126 of 199 C7 uio-oo-mvlaoud ZESI81O'HdOW N0N3N.11W'3OBLl 1N3Wd013A300NISf10H P A33:10T11141 i P� II 0 11�� 1V s 9 9 i ii i ji P Pi P Agenda Summary Sheet Council Meeting Date: March 28, 2017 #: 8-2 Title: Notice of Award and Agreement for Construction Services with Alder Construction for the new Moab City Wastewater Treatment Plant. Fiscal Impact: None to General Fund Staff Presenter(s): David Everitt Department: Administration Applicant: N/A Background/Summary: This is the notice of award and contract for actual construction of the new wastewater treatment plant. Alder Construction was the lowest bidder of the four pre -selected contractors at $13,086,000; the three lowest bids (all from in -state contractors) were within $900,000 of each other; the highest bid was for $14,573,768. The proposed agreement includes provisions for both penalties for delayed completion of construction and bonuses for early completion (Sections 4.03 and 4.04). If approved by the City Council, the City will issue a Notice of Award immediately; Alder will have a set period of time to return the needed documents in order to receive the Notice to Proceed with actual construction. Options: Approve, deny, or modify the recommended contract. Staff Recommendation: Approve Agenda Page 128 of 199 Old Business 8-2 Recommended Motion: Move to authorize the Mayor to sign the contract as proposed between Moab City and Alder Construction for construction of the new wastewater treatment plant. Attachment(s): - Notice of Award Proposed Agreement - Project Bid Award Recommendation Agenda Page 129 of 199 Old Business 8-2 SECTION 00 5100 NOTICE OF AWARD Copyright © 2013 (EJCDC® C-510) National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Date of Issuance: March 29, 2017 Owner: City of Moab Engineer: Bowen, Collins & Associates Engineer's Project No.: 130-15-03 Project: Moab WRF Contract Name: Bidder: Bidder's Address: TO BIDDER: Alder Construction Company 3939 South 500 West, Salt Lake City, UT 84123 You are notified that Owner has accepted your Bid dated February 2, 2017 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Construction of the new Moab WRF as outline in the Bid Documents. The Contract Price of the awarded Contract is: $ 13,086,000.00 Three unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. [Revise if multiple copies accompany the Notice of Award] ❑X A set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner two counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Authorized Signature By: Title: Copy: Engineer END OF SECTION Agenda Page 130 of 199 Old Business 8-2 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This document is a MODIFIED version of EJCDC® C-520, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright. TABLE OF CONTENTS PAGE ARTICLE 1— WORK 2 ARTICLE 2 — THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 — CONTRACT TIMES 2 ARTICLE 5 — CONTRACT PRICE 4 ARTICLE 6 — PAYMENT PROCEDURES 4 ARTICLE 7 — INTEREST 5 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 — CONTRACT DOCUMENTS 6 ARTICLE 10 — MISCELLANEOUS 7 Agenda Page 131 of 199 Old Business 8-2 THIS AGREEMENT is by and between City of Moab ("Owner") and Alder Construction Company ("Contractor"). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. Construction of a new Water Reclamation Facility as described in Article 2 of this section. ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The Moab WRF Project includes the construction of a new Water Reclamation Facility (WRF) including, but not limited, to construction of a new Administration Building, Process Building, Screw Pump Station, two (2) Sequencing Batch Reactor (SBR) Circular Concrete Tanks, Concrete Equalization and Solids Storage Basin, Intermediate Pump Station, Septage Receiving Station, and Emergency Effluent Pump Station. In addition, the work also includes all required civil, landscaping, yard piping, mechanical, and electrical work as indicated in the drawings and specifications. The work also includes required start-up and commissioning of the new WRF. Furthermore, the work includes the demolition of the existing Wastewater Treatment Plant (WWTP) with site restoration following the acceptance of the new facility by the Owner. Work shall be as shown and as specified, complete, tested, and ready for operation. ENGINEER 2.02 The Project has been designed by Bowen Collins & Associates. 2.03 The Owner has retained Bowen Collins & Associates ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bowen Collins & Associates. 3.02 The Owner has retained Bowen Collins & Associates ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Agenda Page 132 of 199 Old Business 8-2 4.02 Contract Times: Days A. The Work will be substantially completed within 440 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 500 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 2,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. B. Bonus: Contractor and Owner further recognize the Owner will realize financial and other benefits if the Work is completed prior to the time specified for Substantial Completion. Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall pay Contractor $ 2,000 for each day prior to the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract) that the Work is substantially complete. The maximum value of the bonus shall be limited to $ 60,000. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall Agenda Page 133 of 199 Old Business 8-2 reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, a lump sum of: (Figure) $13,086,000.00 (Words) Thirteen Million and Eighty Six Thousand Dollars. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment delivered and properly stored on the Site (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent Agenda Page 134 of 199 Old Business 8-2 of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of five percent (5%) per annum until paid. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. Agenda Page 135 of 199 Old Business 8-2 1� G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance bond. 3. Payment bond. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings 8. Addenda 9. Exhibits to this Agreement (enumerated as follows): Contractor's Bid. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. Agenda Page 136 of 199 Old Business 8-2 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Agenda Page 137 of 199 Old Business 8-2 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. END OF SECTION Agenda Page 138 of 199 Old Business 8-2 THIS PAGE INTENTIONALLY BLANK Agenda Page 139 of 199 Old Business 8-2 March 22, 2017 David Everett, City Manager City of Moab 217 East Center Street Moab, Utah 84532 Subject: Moab WRF Project Bid Award Recommendation Dear Mr. Everitt: Bids were received by the City of Moab Recorders Office on February 2, 2017 at 2:00 PM for the Moab WRF Project. The bidders and bid amounts are summarized in the following table. The four bids ranged from $13,086,000.00 to $14,573,768.00. Summary of Bids Rank Contractor Total Bid Amount 1 Alder Construction $ 13,086,000.00 2 COP Construction $ 13,840,000.00 3 Gerber Construction $ 13,980,616.67 4 RSCI Construction $ 14,573,768.00 Alder Construction submitted the low bid which is the basis of selection defined in the bidding documents. Their bid appears to conform to the requirements set forth. Alder Construction is licensed in the State of Utah to perform the work and have demonstrated to the City sufficient requisite experience to meet the standards set for this project. Therefore, Alder Construction appears to be a responsive and responsible low bidder. Based upon this review, Bowen Collins and Associates recommends award of the construction contract to Alder Construction Field Services in the amount of $13,086,000.00. Sincerely, Bowen Collins & Associates Jeff Beckman, P. E. Project Manager Agenda Page 140 of 199 Old Business 8-2 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 8-3 Title: Approval of the Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and Approval of the Construction Reimbursement Agreement between the City of Moab and Club Utah Resort Group, LLC Fiscal Impact: minimal - staff time and effort only Staff Presenter: Rachel Stenta, City Recorder/Assistant City Manager Department: Engineering Background/Summary: As you may recall, the City Council previously (12/13/2016) approved these agreements in order for the City, the Utah Department of Transportation (UDOT), and Club Utah Resort Group, LLC, aka Moab Springs Ranch to work together to address a drainage issue in UDOT Right-of-way that is directly adjacent to the Moab Spring Ranch property. The work has been completed and required more than the initially approved amount of $25,000. The City of Moab is a party to both of the agreements, but has no fiscal responsibility for the costs of design or repairs. The City continues to act as the "middle man" for the funding of the project and in order to reimburse the costs of the project, it is necessary to increase the amount of the previously approved agreements. Staff Recommendation: Staff recommends approval of both agreements. Recommended Motion: "I move to approve the Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and to approve the Construction Reimbursement agreement between the City of Moab and Club Utah Resort Group, LLC." Attachments: Cooperative Agreement between UDOT and City of Moab Construction Reimbursement Agreement between City of Moab and Club Utah Resort Group, LLC. 1 Agenda J Page 141 of 199 Old Business 8-3 17-8613 LyZIENa' State of Utah Department of Transportation -// Keeping Utah Moving Cooperative Agreement Local Agency Performing Work for UDOT Project Description: Moab Springs Ranch Drainage Local Agency: City of Moab Location: US-191 M.P. 127.187 — 127.367 $35,000.00 Pin:14358 FINET Program: 7235201 D Project:S-0191(139)127 26607 Date Executed Comptrollers signature date THIS AGREEMENT, made and entered into on the executed date , by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "UDOT", and City of Moab, a political subdivision of the State of Utah, hereinafter referred to as the "Local Agency." UDOT requested that the Work be included in the Local Agency's Project. Subject to the attached provisions, Local Agency will include the following items into its Project. Unless the parties agree to a lump sum, upon signing this Agreement, UDOT agrees that the costs shown are estimates and that it will be responsible for paying the actual costs associated with these items, based on unit bid prices, and actual quantities placed. If a lump sum payment is specified, UDOT will not pay for any additional costs beyond the lump sum payment amount. Description of Work: Moab City will be responsible for the oversight of the design and construction of drainage modifications at Moab Springs Ranch. Work will be reimbursed per documented equipment and labor actual time at unit prices included in this agreement which have been reviewed and approved by UDOT. Contractor will be required to document daily work activities, including equipment used, labor, and materials. UDOT will provide traffic control devices to detour/close mixed -use trail. UDOT will furnish 36 inch pipe and bands for contractor. Engineering costs expended by Moab Spring Ranch for the design of modifications will be reimbursed as part of this agreement. Costs to include: List or Description of Items Item # Item Description Estimated Quantity Unit Price Estimated Cost #1 Construction $23,000.00 $23,000.00 #2 Engineering $2,000.00 $2,000.00 #3 Modification I (add an additional $10,000.00 to original Contract 178613) $10.000.00 $10,000.00 Estimated Total Cost $35,000.00 LUMP SUM PAYMENT: TOTAL AMOUNT TO BE PAI D BY UDOT (Fill in only if actual cost approach is not used.) Project Completion Date: -TBD — Submit billing to Kathy Starks, UDOT Project Manager, 5340 W 200 S. #300, Hurricane, UT 84737 or email to kstarks@utah.gov . If the actual costs exceed the agreed maximum total cost, Local Agency will immediately notify UDOT and UDOT can determine whether to reduce the scope of Work or continue with the Work at the increased cost. 1 of 3 MoabDrainageAgreement .docx 3/15/2017 Page 142 of 199 Agenda Old Business 8-3 Once final UDOT signoff has occurred, the Local Agency will submit the receipts of payments for the Work to the UDOT Region office. UDOT will process the payment of the committed amount or the direct costs of approved activities, whichever is less, within 45 days and send a check to the Local Agency. Total Estimated Reimbursement to the Local Agency is $35,000.00 Provisions Local Agency will include the UDOT's Work provided UDOT pays the actual costs incurred for the Work. Local Agency's contractor will perform the Work described in this Agreement in accordance with UDOT's plans and specifications. Local Agency will notify UDOT two weeks in advance prior to starting the Work so UDOT may inspect the Work. UDOT has the right to inspect the Work but may choose not to exercise this right. Regardless of any inspection by UDOT, Local Agency is still required to construct the Work in accordance with the plans and specifications. UDOT, through its inspection of the Work, will provide Local Agency with information addressing any problems or concerns UDOT may have with acceptance of said Work. Upon completion of the Work, the Local Agency will contact UDOT for a final review and inspection. UDOT reserves the right to withhold payment unless the Work is completed to UDOT standards and specifications. The Local Agency has the right to correct any deficiencies in a timely manner and resubmit the Work for inspection and approval. I. Liability: UDOT and the Local Agency are both governmental entities subject to the Governmental Immunity Act. Each party agrees to indemnify, defend and save harmless the other party from any and all damages, claims, suits, costs, attorney's fees and actions arising from or related to its actions or omissions or the acts or omissions of its officers, agents, or employees in connection with the performance and/or subject matter of this Agreement. The obligation to indemnify is limited to the dollar amounts set forth in the Governmental Immunity Act, provided said Act applies to the action or omission giving rise to the protections of this paragraph. This paragraph shall not be construed as a waiver of the protections of the Governmental Immunity Act by the parties. The indemnification in this paragraph shall survive the expiration or termination of this Agreement. Agenda II. Termination: This Agreement may be terminated as follows: a. By mutual agreement of the parties, in writing b. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this Agreement. Reasonable allowances will be made for circumstances beyond the control of the parties. Written notice of intent to terminate is required and shall specify the reasons for termination. If a party fails to cure the breach, the other party may terminate this Agreement. c. By UDOT for the convenience of the State upon written notice to the Local Agency. However, UDOT will be responsible for the costs incurred for the Work before the termination of the Agreement. III. Maintenance: Division of jurisdiction and responsibilities of state highways shall be in accordance with Utah Code Section 72-3-109 and applicable rules. IV. Payment and Reimbursement to Local Agency: UDOT shall be responsible for all actual costs associated with the Work described in this Agreement up to the maximum total cost or lump sum. The Local Agency must submit the billing within 3 months of the Work completion date. V. Change in Scope and Schedule: If Work scope or schedule changes from the original intent of this Agreement, UDOT will notify the Local Agency prior to changes being made. If the Local Agency modifies its Project and the modification affects the Work, Local Agency will immediately notify UDOT. In the event there are changes in the scope of the Work, extra work, or changes in the planned Work covered by this Agreement, a modification to this Agreement must be approved in writing by the parties prior to the start of work on the changes or additions. VI. Environmental Compliance 2 of 3 MoabDrainageAgreement .docx 3/15/2017 Page 143 of 199 Old Business 8-3 The Local Agency will assure compliance of the Project with all applicable state and federal environmental statutes, regulations, rules, and permitting requirements. VII. Miscellaneous: Each party agrees to undertake and perform all further acts that are reasonably necessary to carry out the intent and purposes of the Agreement at the request of the other party. The failure of either party to insist upon strict compliance of any of the terms and conditions, or failure or delay by either party to exercise any rights or remedies provided in this Agreement, or by law, will not release either party from any obligations arising under this Agreement. This Agreement does not create any type of agency relationship, joint venture or partnership between the parties. Each party represents that it has the authority to enter into this Agreement. This Agreement may be executed in counterparts by the parties. VIII. Content Review: Language content was reviewed and approved by the Utah AG's office on February 2, 2015. City of Moab Utah Department of Transportation By Date By Date Title/Signature of Official Region 4 Operations Engineer, Robert Dowell] By Date By Date Title/Signature of additional official if required Region 4 Director, Rick Torgerson By Date By Date Title/Signature of additional official if required Comptrollers Office Agenda 3 of 3 MoabDrainageAgreement .docx 3/15/2017 Page 144 of 199 Old Business 8-3 CONSTRUCTION REIMBURSEMENT AGREEMENT This Construction Reimbursement Agreement is entered into by and between the City of Moab (City) and Club Utah Resort Group, LLC (CUR) as follows: a. The Utah Department of Transportation (UDOT) has identified that certain drainage improvements on the CUR property at 1266 North Highway 191, Moab, Utah 84532 as being beneficial, and it is prepared to provide reimbursement funding for the construction of those improvements, subject to oversight by the City. b. CUR is willing to undertake the design and construction of drainage improvements on its property and to obtain reimbursement for its costs as outlined in the UDOT Cooperative Agreement. c. The City is willing to coordinate and provide local oversight of the construction, as further set forth in this Agreement. AGREEMENT 1. Design. CUR will undertake design of the improvements as generally described in the UDOT Cooperative Agreement attached as Exhibit A. All improvements will be designed by a licensed Utah civil engineer. The plans will be submitted for review and approval by UDOT prior to the commencement of any construction, and the approved plans will be provided to the City Engineer. 2. Construction. CUR shall be solely responsible for the completion of all construction, which shall be done in a workmanlike manner and in conformity with all approved plans and building codes. Costs of all construction for the work shall be initially paid by CUR, subject to reimbursement as set forth below. The City will issue a grading permit for the work at no cost. CUR will be responsible for obtaining any other necessary permits from UDOT. 3. Reimbursement. From the proceeds of the UDOT project agreement the City will reimburse CUR for the proportionate value of all work performed in conformity with this Agreement. The total project budget shall be Paie,t., f;.,o t,,,., san ae"afs($2570nn thirty five thousand dollars ($35,000) . The City shall not be liable for any sums in excess of those actually received from UDOT for the project grant. Any additional costs for completion of the work shall be borne solely by CUR. CUR will be reimbursed no later than 30 days from the date of submittal of complete pay requests accompanied by supporting invoices or inspection reports, as applicable. Final payment shall be made promptly following a final inspection by the City and confirmation that all work is completed in conformity with this Agreement. 4. Points of Contact. The City's representative on the project will be the City Engineer, Phillip Bowman. The representative for CUR will be McKay Edwards, Manager. 5. Compliance with Grant/Waiver of Bonding. CUR will adhere to all terms and conditions contained in the UDOT Cooperative Agreement. For purposes of construction bonding requirements, all parties agree that this matter is a private construction project. The City shall not be obligated to require payment/performance bonds, nor shall it be subject to any duties 1 Agenda Page 145 of 199 Old Business 8-3 to subcontractors or material suppliers. CUR will obtain lien waivers from all laborers, material suppliers, and subcontractors in conjunction with all payments made under this Agreement. CUR additionally agrees that it will indemnify and hold the City harmless with respect to any claims by vendors, subcontractors, laborers, or material suppliers asserting claims as a result of any non-payment by CUR. 6. Governing Law. This Agreement is governed by Utah law. The sole venue for any dispute arising under this Agreement shall be the courts of Grand County, Utah. In any dispute arising under this Agreement the parties agree that the matter shall be decided by the Court sitting without a jury, regardless of the denomination of the legal claims which might be brought. 7. Integration/Modifications. This document is the sole and complete agreement of the parties, and supersedes all prior representations or agreements. This Agreement shall only be modified in a writing signed by both parties. 8. Additional Documents. The parties agree to cooperate in executing such other and additional documents as may be necessary to carry out this Agreement or satisfy the requirements of the UDOT Cooperative Agreement. 9. Warranty. CUR warrants that it will repair or replace any work performed under this Agreement which is found to be defective in construction or workmanship within one year from the date of completion. 10. Notice. Notices under this Agreement shall be delivered as follows: City of Moab c/o Phillip Bowman, City Engineer 217 East Center Street Moab, UT 84532 email: pbowman@moabcity.org Club Utah Resort Group, LLC email: The foregoing Agreement is valid and binding as of the date of execution, below. City of Moab By: David L Sakrison, Mayor Date 2 Agenda Page 146 of 199 Old Business 8-3 City of Moab/Club Utah Resort Group Construction Reimbursement Agreement Signature Page, Cont. Attest: Rachel E. Stenta, Recorder Date Club Utah Resort Group, LLC By: McKay Edwards, Manager Date Attachment: Exhibit A — UDOT Cooperative Agreement -End of Document- 3 Agenda Page 147 of 199 Old Business 8-3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 8-4 Title: Approval of Proposed Resolution #23-2017 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of City Manager for a set term Fiscal Impact: As outlined below Staff Presenter(s): Mayor David Sakrison (Prepared by Rachel Stenta) Department: Administration Applicant: N/A Background/Summary: As requested by the City Council and Mayor, our attorney has reviewed the attached employment agreement for the position of City Manager and it is presented for your approval. Please note that the current agreement is set to expire on April 10, 2017 and the proposed agreement is through February 1, 2018. Options: Approve, Deny or Postpone Staff Recommendation: Mayor recommends approval Recommended Motion: I move to approve (insert agenda title) Attachment(s): Proposed Resolution #23-2017 Proposed Employment Agreement Agenda Page 148 of 199 Old Business 8-4 Resolution #23-2017 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DAVID EVERITT FOR THE POSITION OF CITY MANAGER FOR A SET TERM Whereas, the governing body of the City of Moab is desirous to engage the services of David Everitt to serve as the City Manager for the City of Moab under the direction of the governing body of the City, pursuant to Moab Municipal Code Section 93-09; and Whereas, the Employment Agreement has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE EMPLOYMENT AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 11th day of April, 2017. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #23-2017 Agenda Page 149 of 199 Page 1 of 1 Old Business 8-4 EMPLOYMENT CONTRACT The City of Moab, a Utah municipal corporation (City), and David A. Everitt (Everitt), hereby enter into the following employment contract (the Agreement) as set forth below. 1. Duties. a. The City agrees to employ Everitt as City Manager of the City of Moab, Utah, effective on April 1, 2017 (Effective Date). As City Manager, Everitt shall perform the duties described in the City Manager job description, the ordinances of the City, Utah law, and such other duties and functions as the City Council shall from time to time assign. b. Everitt shall not engage in any other business or consulting work for other persons having business with the City, or engage in any business activities that would present a conflict of interest between his duties under this Agreement and duties to any other person. 2. Term. The term of this Agreement shall commence on the Effective Date and expire on February 1, 2018. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Everitt at any time for any reason; and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Everitt to resign at any time from his position with the City for any reason. The employment relationship established by this Agreement shall be deemed at -will, and nothing in this Agreement shall be deemed to require or authorize any administrative process, hearing, or appeal rights prior to the exercise of any rights by the City. Everitt shall not be entitled to the process or restrictions on discharge or transfer applicable to Utah public employees generally, as otherwise provided by U.C.S. § 10-3-1105-1106. 3. Salary. The salary to be paid to Everitt for services as City Manager shall be ten thousand four hundred forty dollars ($10,440.00) per month (Salary), which shall be paid periodically in the same manner as other employees of the City are paid. Everitt may be eligible for salary increases at the City Council's discretion based upon the City Council's assessment of performance. 4. Benefits. In addition to the Salary, Everitt shall receive the following benefits during employment as City Manager: a. Administrative Leave, Holidays, Vacation and Sick Leave. On the Effective Date and at each annual anniversary thereafter, Everitt shall accrue twenty five (25) days of administrative leave, (Administrative Leave), which may be used by Everitt for personal reasons, vacation, or sickness. In all subsequent years, if applicable, Everitt shall accrue additional Administrative Leave at the same rate. Upon resignation, retirement, or termination of employment, Everitt shall be compensated for accrued Administrative Leave. Everitt shall be entitled to holidays and other statutory leave benefits (such as, by way of example, Family Medical Leave Act, worker's compensation benefits, 1 Agenda Page 150 of 199 Old Business 8-4 bereavement leave, jury duty, and witness service leave) in the same manner as all other full-time employees of the City. b. Retirement. The City shall make an employer retirement plan contribution to a retirement account or plan selected by Everitt at the same rate as would otherwise apply to the City Manager position if enrolled in the Utah Retirement System.. c. Equipment. All equipment issued to Everitt will remain the Property of the City. The City shall provide Everitt with non-exclusive use of an automobile from the City's pool of vehicles on an as -needed basis for use during the term of employment. The City shall be responsible for providing legally required levels of insurance, as it does for all other City vehicles. The City shall be responsible for maintaining and fueling the vehicle. The vehicle shall be used by Everitt for the performance of job duties and job - related travel. If a City pool vehicle is not available, Everitt will be eligible for mileage reimbursement from the City at the same rate authorized for other full-time employee travel. d. Travel Stipend. Everitt shall be paid a travel stipend at the rate of nine hundred and sixty dollars ($960.00) per month to account for travel to and from his place of residence in Salt Lake City, Utah. 5. Termination and Events of Termination. a. If Everitt is terminated by the City Council, either with or without cause, during such time that Everitt is willing and able to perform the duties of the City Manager, the City agrees to pay Everitt for all earned Salary and benefits earned through the date of termination. All severance pay shall be subject to applicable wage withholding taxes. b. Without altering the at -will nature of the employment relationship, the parties confirm and agree that termination may occur at any time for such causes which include, but are not limited to: a) acts of sexual harassment or unlawful employment discrimination; b) falsification of City records; c) gross insubordination or willful failure to carry out lawful instructions; d) intoxication while on duty; e) theft of City property; f) engaging in transactions involving a conflict of interest; g) criminal conduct while on duty; h) violations of City ordinances; or i) other acts or omissions, whether occurring on duty or off -duty, which compromise the ability of the employee to effectively lead the organization. If the City elects to terminate for cause, Everitt shall not be entitled to receive any accrued Administrative Leave benefits which may have accumulated to the point of termination. 6. Hours of Work. The parties agree that the City Manager must devote a great deal of time outside normal office hours to the business of the City. The City Manager position is a full-time position which, from time to time, may require work on weekends, during evening hours, or on holidays. Everitt shall be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be entitled to overtime compensation. It is agreed that full- time employment for purposes of this Agreement shall be defined to mean an average of at least 2 Agenda Page 151 of 199 Old Business 8-4 three (3) days a week when Everitt is physically present at City Hall; during the remainder of the work week Everitt may work remotely. 7. Professional Development and Memberships. Subject to such amounts as may be budgeted, the City, in its sole discretion, shall pay for expenses related to Everitt's continuing professional development, which includes attendance at various national or state conferences, seminars, and continuing education programs, and may include membership to relevant professional organizations, such as the Utah State Bar and the International City Managers Association. 8. Performance Evaluations. Within six months of the Effective Date, or such other time as is agreed by the parties, the City Council shall provide Everitt with a performance evaluation, which shall include a review of how well Everitt is performing in relation to the goals and expectations of the City Council. 9. Indemnification. Everitt shall be defended and indemnified by the City for all actions undertaken in his official capacity as the City Manager to the extent permitted by Utah law. 10. Bonding. The City shall bear the full cost of any fidelity or other bonds required of the City Manager under the law. 11. Miscellaneous. a. Governing Law; Venue; Jury Waiver. This Agreement shall be governed by the laws of the State of Utah. The exclusive venue for any dispute arising from this Agreement shall be the Seventh Judicial District Court, Grand County, Utah. Any dispute arising under this Agreement shall be heard by the Court sitting without a jury, regardless of the denomination of the legal claims which may be brought. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either party shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire Agreement between Everitt and the City, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect, and the severed provision shall be redrafted in such a manner so as to be lawful and enforceable and to effectuate the intent of the parties in the original provision. f Modification. This Agreement may only be modified upon written agreement lawfully approved by both the parties. 3 Agenda Page 152 of 199 Old Business 8-4 By their signatures the parties execute and authorize this Agreement. ATTEST: CITY OF MOAB, UTAH David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Date David A. Everitt David A. Everitt Date 4 Agenda Page 153 of 199 Old Business 8-4 INSERT JOB DESCRIPTION 5 Agenda Page 154 of 199 Old Business 8-4 Class Title: City Manager Department: Administration Division: Administration GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: E5 Effective Date: Date Revised: 3/21/97 Performs a variety of professional, administrative, and managerial duties related to planning, directing and controlling the administrative processes necessary to carry out the effective operation of the City. REPORTING RELATIONSHIPS Supervision Received: The City Manager works under the broad policy guidance and direction of the governing body of the City of Moab. Supervision Exercised: The City Manager provides broad policy and general guidance and direction to department heads; provides close to general supervision to personnel in the administrative department. ESSENTIAL FUNCTIONS Manages the day-to-day operations and internal affairs of the City; develops policies, procedures and processes as needed to implement the decisions of the City Council; performs and directs research on issues, policies, and political developments; advises and apprises the governing body as needed; approves recommendations for executive and administrative actions; makes recommendations for legislative actions; conducts internal investigations, examines books, records and official papers of any office, department, agency, board or commission of the City as needed to assure integrity of operations and prevent impropriety. As Chief Executive Officer, assumes responsibility for full and effective utilization of City personnel by establishing overall departmental objectives, priorities and standards; serves as final hiring authority for all non-exempt and most exempt City positions; acts as Personnel Director; monitors human resource management activities related to advancement, discipline, and discharge; supervises administrative departmental staff; evaluates performance; determines priorities and delegates assignments. City Manager Agenda 03/21/97 Page 1 of 3 Page 155 of 199 Old Business 8-4 Manages the preparation and administration of the City's budget; submits budget and capital improvement programs to the Mayor, Council and department heads; monitors overall fiscal activity of the City to assure compliance with established budgets; apprises City Council regarding ongoing financial status of the City. Directs City operations through subordinate department heads; coordinates City-wide management activities and facilitates implementation strategies; conducts program evaluations; coordinates with department heads to implement changes in City policy and processes; apprises City Council members of emergencies. Attends and/or conducts various City meetings; advises City boards and commissions; attends City Council meetings; proposes alternatives and options; makes recommendations; solicits legal responses and positions from the City Attorney. Represents the City as directed by the governing body; participates in intergovernmental consortiums to establish mutual relationships and programs; facilitates and participates in interagency, intergovernmental and private enterprise programs and projects as needed. Develops State -of -the -City reports; issues public statements to the press and responds to questions from the press related to City management, policies, procedures, administrative decisions, etc.; assumes responsibility for general public relations activities. Serves as arbitrator or adjudicator of complaints filed against or between City employees, departments, divisions, or services; negotiates to achieve mutually agreeable solutions. Exercises general supervision over public property under the jurisdiction of the City. Performs related duties as required. MINIMUM QUALIFICATIONS A. Education and Experience 1. Graduation from an accredited college with a Master's degree in business or public administration or related field AND 2. Five (5) years of progressively responsible experience in municipal management OR 3. An equivalent combination of education and experience City Manager Agenda 03/21/97 Page 2 of 3 Page 156 of 199 Old Business 8-4 B. Required Knowledge, Skills and Abilities 1. Thorough knowledge of management theory, methods and practices; municipal and fiscal accounting principles, practices and procedures; municipal organizations and department operations including applicable laws and regulations; budgeting, accounting and related statistical procedures; various revenue sources available to local governments, including state and Federal sources. Considerable knowledge of state laws as they apply to city management practices; human resource management practices and procedures. 2. Considerable skill in resolving disputes and complaints from the public. 3. Ability to analyze a variety of financial problems and make decisions; coordinate a variety of intra-governmental policy matters between the governing body and department heads; plan, organize, direct and supervise the work of professional and administrative subordinates; communicate effectively orally and in writing; establish and maintain effective working relationships with the Mayor and City Council, department heads, intergovernmental agencies, employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. D. Work Environment and Physical Demands The City Manager normally works in a safe, climate -controlled environment. Tasks may entail muscular strain, including walking, standing, stooping, sitting, reaching and lifting. Talking, hearing and seeing are essential to performing job requirements. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with governing body. Successful completion of a pre- employment drug and alcohol screen test. City Manager Agenda 03/21/97 Page 3 of 3 Page 157 of 199 Old Business 8-4 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING "arch 28, 2017 Agenda item #: 9-1 Title: Request from HASU to Amend the Scope of Work for the CDBG Funds Staff Presenter: Amy Weiser, Community Services Director Department: Administration Applicant: Ben Riley, Housing Authority of Southeastern Utah Summary: CDBG funds, awarded to the Housing Authority of Southeastern Utah through the City of Moab, were awarded from the State of Utah in 2o16. Initially these funds were for acquisition of a property on Kane Creek Blvd but negotiations with the land -owner fell through. HASU is now requesting the budget be revised and the funds be used for planning and development of an independent senior living project on the MAPS Campus (Moab Area Partnership for Seniors). The property is on the vacant land north of the hospital, owned by the Canyonlands Health Care Special Service District (CHCSSD). Funds will go towards engineering and architecture, infrastructure improvements and administration of the grant. At this time HASU is projecting 48 units of senior housing with roughly 38 deed restricted tax -credit units for seniors with AMI's below 6o% and 10 market rate units. Exact location on the CHCSSD's 13 acres and unit mix is subject to change as we evaluate costs moving forward and appropriate zoning. Staff Recommendation: Approve the request to amend the scope of work to pursue the development of an independent senior living project on the MAPS Campus. Recommended Motion: "I move to approve the request from HASU to amend the scope of work approved for the CDBG funds to pursue the development of an independent senior living project on the MAPS Campus." Attachment(s): State of Utah Contract Amendment 1 Agenda Page 158 of 199 New Business 9-1 STATE OF UTAH CONTRACT AIVIENDMENT AMENDMENT #: 1 CONTRACT #: 17-0257 CONTRACT ADMINISTRATOR: Mary Jacobs CONTRACT TITLE: MAPS - Independent Living Development TO BE ATTACHED TO AND MADE A PART OF the above numbered contract by and between the State of Utah, DEPARTMENT OF WORKFORCE SERVICES, HOUSING & COMMUNITY DEVELOPMENT DIVISION, Community Development Block Grants (CDBG), referred to as STATE and Moab City, referred to as CONTRACTOR THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: 1. Contract Period: 07/01/2016 (Original Start Date) 12/31/2017 (Original End Date) 12/31/2017 New End Date 2. Contract Amount: $279,467.00 (Current Contract Amount) (N/A) New Contract Amount 3. Scope of Work Change: (See Attached Revised Scope of Work) 4, Budget Change: (See Attached Revised Budget) 5. Effective Date of Amendment: 03/01/2017 6, Special Notices: Amendment Is to change Scope of Work and Budget Line items for the new MAPS project located in City of Moab. All other conditions and terms in the original contract and previous amendments remain the same. IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed. CONTRACTOR STATE Contractor's gnature Day d Skr►son Na yor Type or Print Name and Title Jonathan D. Hardy, Director Housing & Community Development Division Director, Division of Finance 44j `P/2-co,reieJ-L___ c v on Q Page 159 of 199 G1 C .4 CO 3 a Scope of Work: Community Development Block Grant funding will pass through the City of Moab to the Housing Authority of Southeastern Utah and will be targeted for acquiring this three -acre parcel for future multi -family home development for 80% AMI and below qualified households. The Housing Authority of Southeastern Utah will build 12 new affordable rental units on the proposed parcel at 545 Kane Creek Blvd. in Moab, Utah. AMENDMENT #1 Revised Scope of Work: Community Development Block Grant (CDBG) funds will be passed through the City of Moab to the Housing Authority of Southeastern Utah and will be used to develop a 48 unit Low Income Housing Tax Credit Independent Living project for seniors. This housing will be part of the larger campus developed by the Moab Area Partnership for Seniors (MAPS). This project will target seniors 55 and older with incomes at or below 60% AMI. CDBG funds will be used for infrastructure improvements to the site as well as engineering and architectural work associated with the project. CS 13 c v an a Page 160 of 199 d, (11 {A G1 C VI 3 v MS 73 c v on Q Revised Budget - 2016 Budget Category Grant Other Total Funds Funds Funding Administration $15,000.00 $0.00 $15,000.00 Planning $0.00 $0.00 $0.00 Technical Assistance (AOG) $0.00 $0.00 $0.00 Program Delivery Costs $0.00 $0.00 $0.00 Construction $189,476.00 $6,500,000.00 $6,689,476.00 Engineer/Architect $75,000.00 $0.00 $75,000.00 Other $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Real Property Acquisition $0.00 $0.00 $0.00 Totals $279,476.00 $6,500,000.00 $6,779,476.00 Page 161 of 199 ew Business 9-1 Agenda Summary Sheet Council Meeting Date: March 28, 2017 #: 9-3 Title: Proposed Rules of Procedure for Council Meetings Fiscal Impact: None Staff Presenter(s): Chris McAnany Department: Administration Applicant: N/A Background/Summary: These rules of procedure are proposed to assist the Council with managing the expectations of the public, staff, and each other regarding the manner in which Council meetings are conducted. Options: Approve, deny, or modify. Staff Recommendation: Approve. Recommended Motion: Move to approve the resolution adopting rules of procedure for City Council Meetings and Hearings. Attachment(s): - Proposed resolution. Agenda Page 162 of 199 CITY OF MOAB RESOLUTION NO. 2017- . A RESOLUTION ADOPTING RULES OF PROCEDURE FOR CITY COUNCIL MEETING AND HEARINGS The following describes the intent and purpose of this resolution: a. Utah Code Annotated § 10-3-606 requires that municipalities adopt rules of procedure and order to govern public meetings. b. The City of Moab finds that it is proper from time to time to adopt and revise its rules of procedure so that public meeting will be conducted in a fair, orderly, and efficient manner. c. These rules are adopted to provide advisory guidelines for the conduct of public meetings and public hearings before the Moab City Council. Therefore, the City of Moab enacts as follows: 1. Quorum. The number of City Council members required to constitute a quorum for a meeting shall be three, excluding the Mayor. 2. Convening the Meeting; Workshops, Regular meetings shall be scheduled in advance by resolution of the Council adopted on an annual basis. Special meetings may be called from time to time by action of the Mayor or any two Council members. The Mayor or the Mayor Pro Tempore (the presiding officer) shall call the meeting to order at the time scheduled. The presiding officer is charged with preserving order at the meeting and conducting the meeting in conformity with the agenda, applicable ordinances, and these rules. a. The Council meeting may be preceded by an informal workshop, at which time the Council can ask questions or receive input from staff and others on agenda items or other matters. Workshops may be conducted informally. No final action shall be taken on any item discussed during a pre -meeting workshop. 3. Citizens to be Heard. At every regular meeting of the Council there shall be an agenda item allowing citizens to address the Council on the subject of any matter of public concern which is not identified on the agenda for action. The Council shall not take final action on any matter identified during the citizens to be heard portion of the agenda, but Council members may ask questions, give directions to staff, or ask that a matter be brought back for formal action at a later meeting. a. To ensure equity and avoid the appearance of favoritism, comments by members of the public during the citizens to be heard portion of the agenda shall be limited to a maximum of three minutes per individual, unless otherwise directed by the presiding officer. b. In order to ensure that all present feel comfortable expressing their views and that the free speech rights of all individuals are respected, members of the public who are present but not currently speaking shall not engage in outward displays of support or opposition to those speaking at the citizens to be heard portion of the meeting. Agenda 1 Page 163 of 199 4. General Meeting Procedure; Consent Agenda. Unless otherwise moved by the Council, matters shall be considered in the order specified in the agenda. Where there are several routine or uncontested matters requiring approval, the Council may elect to approve those items as a group under a consent agenda, and without extensive discussion. Any Council member may request that any item to be removed from consideration under a consent agenda, in which case it will be reviewed individually. a. All meetings should be conducted fairly and efficiently, and with respect for the participants. The presiding officer has discretion to conduct the meeting in a manner which is consistent with these goals. 5. Review Procedure. The presiding officer shall call an item up for discussion. The matter should typically be introduced by a member of the staff, who will outline the issues up for decision. The presiding officer may elect to call a proponent for a particular item, and request that interested persons address the Council on the matter under consideration. Council members may ask questions of staff and proponents, and may review documents and information as necessary to understand the issue. a. An applicant or member of staff may pull an item from consideration by delivering notice to the presiding officer prior to the commencement of the meeting. During the meeting the presiding officer should announce that the item has been pulled from the agenda. 6. Manner of Acting. To approve an item under consideration, a Council member must move to approve the item, the motion must be seconded by another Council member, and approved by a majority vote. In the absence of a second to a motion the motion fails. a. Prior to voting Council members may discuss or debate the motion to the extent they see fit. The presiding officer has discretion to limit lengthy debate and may call the question on any item as he/she sees fit. b. At any time prior to voting, a moving Council member may, without a second or vote, elect to withdraw the motion. A pending motion may be amended by offering an amendment by motion, which must be seconded. An amended motion offered prior to action on the primary motion shall be decided prior to voting on the original motion. c. A motion to table an item or adjourn a meeting shall be acted upon without debate. d. With respect to information requests to staff or similar routine items, the Council may act informally or by consensus 7. Voting. Unless otherwise provided by law, all matters brought for action before the Council shall be decided by an affirmative vote of a majority of the Council. The Mayor shall only vote in the case of a tie vote; if the Mayor Pro Tempore is the presiding officer he/she shall always be entitled to vote. If the Mayor is not present to break a tie vote, the motion fails. Agenda 2 Page 164 of 199 a. On matters which create a financial obligation of the City, or where the voice vote tally is unclear, the vote shall be recorded as a roll call vote. 8. Reconsideration. Subject to applicable law, the Council may elect to reconsider a matter which was previously acted upon. Reconsideration requires a motion, second, and affirmative vote of the majority. At the time of reconsideration the number of Council members present must be equal to the number of Council members present when the matter was first considered. Where reconsideration would have the effect of cancelling or abrogating a binding obligation of the City (such as a contract), the presiding officer shall require that the City Attorney provide a legal opinion to the Council on the subject prior to any action on reconsideration. 9. Conduct of Public Hearings. By law the City Council is required to hold a public hearing prior to reaching a decision on certain adjudicatory or other matters. The Council may also elect to hold a public hearing on a matter even if it is not required by law. Public hearings are more formal than other proceedings, and shall be conducted in a manner which respects the due process rights of the applicant and all other participants. The following procedures shall apply to public hearings. a. Where a staff report is generated prior to the public hearing the applicant shall be provided with a copy of the staff report a reasonable period of time prior to the public hearing. b. At the public hearing the matter shall be introduced by staff, followed by testimony from the applicant at their discretion. Interested persons shall then be given the opportunity to provide testimony for or against the matter. At the conclusion of testimony by interested persons the applicant shall be given the opportunity to offer rebuttal testimony. c. Persons providing testimony will be requested to: i) identify themselves; ii) state clearly their position on the matter subject to review; and iii) provide testimony, information, or data in support of their position. Unsupported argument or derogatory comments directed to the matter in question or the applicant are not useful to the Council, and are discouraged. d. persons other than the applicant may only provide testimony once during a specific public hearing; this applies to hearings that are continued or postponed to future meetings. The presiding officer has discretion to limit the length of testimony or allocate the available time for the hearing to allow interested persons the opportunity to testify. e. All testimony, evidence, documents, photographs, or other information received by the Council shall be entered into the record of proceedings. The Council has discretion to postpone action on a public hearing item, and it may continue to receive additional written comments or other evidence until such time as closes the public hearing. f. At the conclusion of the public hearing the Council will consider the matter, and Council members may engage in discussion and debate to the extent deemed necessary. Agenda 3 Page 165 of 199 Although the rules of evidence do not apply to public hearings, Council members have discretion to weigh the evidence and measure the credibility of the testimony in the manner that they see fit. Irrelevant or incompetent evidence should be disregarded. g. A final decision may be made in the manner provided for all other decisions, except that the Council may: i) announce its findings in support of the decision orally on the record or; ii) give direction to staff to prepare a written order, permit, or decision consistent with the Council findings, which the Council may adopt or modify as it sees fit. 10. Modification of these Rules. To the extent these rules conflict with any other law or statute, the other law or statute shall prevail. The Council or the presiding officer has discretion to modify these rules or the procedures under these rules to the extent necessary to accommodate the needs of a particular situation. The adoption of these rules shall not be deemed to confer any specific substantive or procedural rights upon any person participating at a Council hearing or meeting. 11. Adjournment. The Council may elect to adjourn a meeting without hearing all matters on the agenda if the meeting continues past 10:30 p.m. Matters not heard will be rescheduled on the next available agenda. The Council may also adjourn at any time if disruptive conduct at a meeting prevents orderly action. 12. Expulsion. Pursuant to U.C.A. § 10-3-607 and608, the Council, by a two-thirds vote, may elect to expel any Council member or member of the public from an open public meeting where that person has engaged in disorderly, abusive, or criminal conduct during a meeting. 13. Subpoena. Pursuant to U.C.A. § 10-3-610 the City Council may direct the City Attorney to issue a subpoena to any person for the purpose of directing that person to appear and give testimony and/or produce records or items of physical evidence as may be necessary in connection with any legislative, adjudicatory, or investigatory matter before the City. The subpoena shall be issued pursuant to the same procedures provided under the Utah Rules of Civil Procedure. The foregoing is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date -End of Document - Agenda 4 Page 166 of 199 Agenda Summary Sheet Council Meeting Date: March 28, 2017 #: 9-4 Title: Job descriptions for the Sustainability Director, Communications and Engagement Manager, and the Senior Project Manager positions Fiscal Impact: N/A Staff Presenter(s): David Everitt Department: Administration Applicant: N/A Background/Summary: The Council approved these positions as part of FY 2017 Budget Opening #1, and historically has requested to approve job descriptions for senior/executive-level positions. If approved, we will finalize scoring, post, and hire into these positions in an expeditious manner. Options: Approve, deny, or modify the recommended job descriptions. Staff Recommendation: Approve Recommended Motion: Move to approve the job descriptions for the Sustainability Director, Communications and Engagement Manager, and the Senior Project Manager positions as written. Attachment(s): - Job description: Sustainability Director - Job description: Communications and Engagement Manager - Job description: Senior Project Manager Agenda Page 167 of 199 New Business 9-4 City of Moab Job Description Job Title: Sustainability Director Department: Administration Full-time. Exempt Effective Date: 04/01/2017 General Purpose The City of Moab established ambitious renewable energy goals for both municipal services and for the community as a whole. The Sustainability Director is responsible for the creation and implementation of comprehensive strategies to meet those goals through carbon emission reduction measures, aggressive energy efficiency standards, local renewable power generation, partnerships with private energy providers, and a range of other innovative tactics. Overall, this position will lead a generational effort to ensure that Moab is embracing energy, land use, and design practices that will meet the City's long-term sustainability goals. Reporting Relationships The Sustainability Director reports to the City Manager and is an at -will, exempt employee. Essential Functions The Sustainability Director will create and implement a Moab City Sustainability Plan ("Plan") by: • Facilitating a community -centered process that will result in a Moab City Sustainability Plan for both municipal energy use and for the community as a whole; • Coordinating across City departments to create and execute department -level sustainability strategies to meet the goals of the Plan; • Establishing and tracking metrics that reflect the Plan's goals; • Preparing a budget and monitoring relevant expenditures; and • Periodically revising and updating the Plan for Council consideration. The Sustainability Director will increase community awareness regarding energy sustainability by: • Creating and/or delivering formal public presentations related to the City's environmental sustainability vision, plan, and successes; • Developing various media outreach efforts regarding the City's sustainability goals and strategies, including, radio and newspaper interviews, press releases, social media updates; • Taking point on community inquiries and community partnerships regarding sustainability issues; • Working closely with the Communications and Engagement Manager to use creative Agenda Page 168 of 199 Revised• Ma New Business 9-4 Job Description: Sustainability Director and innovative engagement tactic to reach non-traditional populations; and • Acting as a policy liaison for items related to energy efficiency, renewable energy, and mitigating carbon emissions. The Sustainability Director will directly manage certain specific aspects of the Plan, such as: • Overseeing individual initiatives or projects related to sustainability, e.g. construction of a photovoltaic solar farm, the administration of energy efficiency grants for individual homeowners, etc.; • The preparation of annual updates to the municipal greenhouse gas emissions inventory; • Creating and updating a public -facing Energy Dashboard; and • Representing Moab with regard to regional and national sustainability organizations. As part of a small team of city employees, the Sustainability Manager will work collaboratively across departments and with policy makers to address the short term and long term needs of the City. This job requires a can -do attitude, an adaptable mindset, and dedication to addressing the City's challenges and opportunities associated with rapid growth and development. Required Knowledge, Skills, and Abilities The Sustainability Director must be able to: • Manage a large number of disparate projects concurrently; • Interface effectively with residents, the city council, community organizations, and other government entities; • Communicate effectively, both orally and in writing, and as a public speaker; • Communicate effectively with the media; • Work independently yet collaboratively in fast -paced team environment; and • Understand municipal budgeting, goal -setting, and the City's prioritization process. Education and Experience Required: • Bachelor's Degree in Public Administration, Urban Planning, Environmental Sciences, or related field; • Five (5) or more years of increasing responsibility for projects, budgets, and implementation; o A relevant advanced degree, or demonstrated equivalent, may be substituted for two years of experience. • Demonstrated excellence in written, oral, and presentation skills • Strategic planning experience • Experience managing large-scale projects involving inter- and intradepartmental members as well as contractors. Agenda Page t9 of 199 Revised• Ma New Business 9-4 Job Description: Sustainability Director Preferred: • An advanced Degree in related field • Three (3) years of experience in a self -managed team environment • Demonstrated quantitative and analytical thinking abilities • Experience calculating carbon footprints and devising, plus implementing, carbon mitigation plans • Technical grasp of environmental issues including, but not limited to, climate change • Understanding of local, state, and federal policy issues related to environmental sustainability Work Environment and Physical and Mental Demands Employees work under typical office conditions, and the noise level is usually quiet. While performing the duties of this job, employees are regularly required to sit, walk and stand; talk or hear, both in person and by telephone: use hands repetitively to finger, handle, feel or operate standard office equipment; reach with hands and arms; and lift up to 25 pounds. While performing the duties of this job, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve non -routine and complex office administrative problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines with frequent interruptions; and interact with City managers, staff, customers, the public and others encountered in the course of work, some of whom may be dissatisfied or abusive individuals. Selection Guidelines Formal application and resume; interview with hiring authority. Successful completion of a pre -employment drug test and background check. Agenda Page yO of 199 Revised• Ma New Business 9-4 City of Moab Job Description Job Title: Communications and Engagement Manager Department: Administration Full-time. Non -Exempt Effective Date: 4/1/17 General Purpose The Communications and Engagement Manager facilitates the execution and improvement of all external and internal communications for Moab City. This position serves as the chief marketing and communications strategist for the City. The Communications and Engagement Manager's central purpose is to increase productive resident participation in the governance of the City of Moab through innovative engagement strategies and effective cross -platform communication. Reporting Relationships The Communications and Engagement Manager reports directly to the City Manager but works closely with the Mayor and other city staff and officials as needed. Essential Functions The Manager is frequently the first point of contact for residents and the media regarding city affairs, and accordingly acts as the public information officer for the City. The Manager will create and execute a strategic external communications plan to raise resident awareness and participation in municipal government. This position will play a central role in fostering trust and facilitating effective communication between city government and its constituents. This position will manage all external communications including management and update of the City's official website and social media channels. Internally, this position will provide communication guidance to all levels of the organization by developing guidelines, trainings, and other tools that will foster better communication among city employees. The Manager will continuously identify and assist with needed internal communication improvements. The Manager will work closely with all City departments and divisions to craft and deliver messages that resonate with residents. Agenda Page 171 of 199 New Business 9-4 Revised: Wednesday, March , GU 1 / , 1/1V11_, Job Description: Communications and Engagement Manager Required Knowledge, Skills, and Abilities The Communications and Engagement Manager must be able to: • Manage a large number of disparate projects concurrently; • Interface effectively with residents, the city council, city staff, community organizations, and other government entities; • Communicate effectively, both orally and in writing, and as a public speaker; • Communicate effectively with the media; • Work independently yet collaboratively in fast -paced team environment; and • Understand municipal budgeting, goal -setting, and the City's prioritization process. This position requires excellent verbal and written communications skills, including strength in both print and writing. Experience in creating and managing web content and maintaining a fresh social media presence on behalf of an organization is mandatory. The ability to handle media inquiries from both print and broadcast, including on -camera responses, is a must. Minimum Qualifications Education and experience required: • A bachelor's degree in communications, civic engagement, or a related field of study; • Five (5) years of increasingly responsible experience in the field of communications and engagement; or • An equivalent combination of advanced training and experience. • Experience in a government setting is highly desirable. Work Environment and Physical and Mental Demands Employees work under typical office conditions, and the noise level is usually quiet. While performing the duties of this job, employees are regularly required to sit, walk and stand; talk or hear, both in person and by telephone: use hands repetitively to finger, handle, feel or operate standard office equipment; reach with hands and arms; and lift up to 25 pounds. While performing the duties of this job, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve non -routine and complex office administrative problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines with frequent interruptions; and interact with City managers, staff, customers, the public and others encountered in the course of work, some of whom may be dissatisfied or abusive individuals. Agenda evised: Wednesday, March 8, 2017, Bw1PEL 2 of 199 New Business 9-4 Job Description: Communications and Engagement Manager Selection Guidelines Formal application and resume; interview with hiring authority. Successful completion of a pre -employment drug test and background check. Agenda evised: Wednesday, March 8, 2017, Bv1PE1373 of 199 New Business 9-4 City of Moab Job Description Job Title: Senior Project Manager Department: Administration Status: Full-time. Exempt. Effective Date: 4/1/2017 General Purpose The Senior Project Manager handles complex cross -departmental projects and initiatives, represents the City at high-level meetings and gatherings, addresses sensitive council and constituent concerns, and supervises selected staff in a professional, efficient, and highly communicative manner. This position is a substantially external -facing role, requiring a sophisticated awareness of community attitudes that relate to municipal operations. Reporting Relationships The Senior Project Manager is an executive -level, at -will position that reports directly to the City Manager. The Process Improvement Specialist and the Moab to Monument Valley Film Commission Director report to the Senior Project Manager. Essential Functions As part of a small team of city employees, the Senior Project Manager works collaboratively across departments and with policy makers to address the short term and long term needs of the City. This job requires a can -do attitude, an adaptable mindset, and dedication to addressing the City's challenges and opportunities associated with rapid growth and development. Specifically, this position is responsible for select cross -departmental initiatives as assigned, such as but not limited to: • The implementation of the Affordable Housing Plan; • The development of commercial site plan review revisions; and • Facilitating the Land Use Code Revision Project; • Acting as Moab's primary contact for economic development; Additionally, the Senior Project Manager responds to and addresses specific community - driven initiatives and quality -of -life issues, including but not limited to: • The USU campus development; • The Throttle Down In Town campaign; • The Dark Skies Initiative; • A Safe and Welcoming Cities Initiative Agenda Page 174 of 199 Revised: Ma New Business 9-4 Job Description: Senior Project Manager • Truck idling/overnighting; and • Pedestrian safety. The Senior Project Manager coordinates closely with the City Manager to: • Respond to council inquiries and requests as needed; • Manage grant writing opportunities among the City departments; • Handle additional projects and initiatives as assigned by the City Manager. • Manage specific project budgets, including estimates, cash flow, and reconciliation. Last, this position supervises the Moab to Monument Valley Film Commission Director and the Process Improvement Specialist in their daily work. Required Knowledge, Skills, and Abilities The Senior Project Manager must be able to: • Manage a large number of disparate projects concurrently; • Interface effectively with residents, the city council, community organizations, and other government entities; • Communicate effectively, both orally and in writing, and as a public speaker; • Communicate effectively with the media; • Work independently yet collaboratively in fast -paced team environments; • Understand municipal budgeting, goal -setting, and the City's prioritization process; and • Establish clear, measurable metrics that define success for both specific projects and for this position generally. Education and Experience Required: • Bachelor's Degree in Public Administration, Urban Planning, or related field; • Eight (8) or more years of progressive responsibility for projects, budgets, and implementation; o A relevant advanced degree, or demonstrated equivalent, may be substituted for two years of experience; • Advanced project management experience; • Strategic planning experience; • Demonstrated excellence in written, oral, and presentation skills; and • Experience managing large-scale projects involving inter- and intradepartmental members as well as contractors. Preferred: • An advanced Degree in related field; • Five (5) years of experience in a self -managed team environment; and Agenda 2 Page 175 of 199 Revised: Ma New Business 9-4 Job Description: Senior Project Manager • Demonstrated quantitative and analytical thinking abilities Work Environment and Physical and Mental Demands Employees work under typical office conditions, and the noise level is usually quiet. While performing the duties of this job, employees are regularly required to sit, walk and stand; talk or hear, both in person and by telephone: use hands repetitively to finger, handle, feel or operate standard office equipment; reach with hands and arms; and lift up to 25 pounds. While performing the duties of this job, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve non -routine and complex office administrative problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines with frequent interruptions; and interact with City managers, staff, customers, the public and others encountered in the course of work, some of whom may be dissatisfied or abusive individuals. Selection Guidelines Formal application and resume required; finalists will interview with the appropriate hiring authority. Applicant must pass a pre -employment drug test and background check. Agenda 3 Revised: Ma Page 176 of 199 New Business 9-4 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 28, 2017 Agenda ltem #: 9-5 Title: Approval of a Services Agreement with ADP for Payroll and HR Services Fiscal Impact: Budgeted $19,030.50 annually with a one-time $2,800 setup fee Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Mgr. Department: Recorder HR Applicant: N/A Background/Summary: As you may be aware, we have been restructuring the duties within our department to accommodate the increased demand for the Human Resource function for the City. We feel that increasing the HR duties and developing and implementing new policies and protocols has been very beneficial for the City but it has been a struggle to keep up with the increased workload and has necessitated a lot of late nights and overtime on the part of our HR Coordinator. You may recall that we budgeted this FY year for a payroll clerk which was cut due to a budget reduction. We alternately budgeted for Payroll Services. We have solicited quotes for those services in addition to online timekeeping, and several other areas to assist with HR functions, such as Performance Review tracking, Recruitment tracking, HR Reporting, W-2 preparation, ACA reporting, etc. There are many providers for these services, and we received quotes from a former software provider and two nationally known providers. Our recommendation is to contract with ADP services, a widely known and used provider of Payroll and HR services who through our research has received very positive reviews. We continue to train and educate ourselves on improving our Performance Review processes and both Dani and I will be completing a class through SHRM (Society for Human Resources) this June on best practices and policies for Performance Reviews to continue to improve and motivate employee performance. Outsourcing the majority of the Payroll function will enable us to continue to review, revise and improve our HR functions. Thank you for your consideration. 1 Agenda Page 177 of 199 New Business 9-5 Options: Approve, Deny or Postpone Staff Recommendation: Staff recommends approval of the contract with ADP for an annual fee of $19,030.50 and a one-time setup fee of $2,800 Recommended Motion: I moved to approve (insert agenda title) Attachment(s): Proposals from: ADP Caselle Software Wells Fargo Agenda Page 178 of 199 New Business 9-5 Payroll Providers Comparison Attendance/Time Payroll Services Setup/one time keeping Human Resourc( Total ADP $6,622.50 $2,800.00 $3,960.00 $7,260.00 $20,642.50 CaseIle $16,890.00 $5,250.00 $3,450.00 $4,875.00 $30,465.00 Wells Fargo $11,307.38 $2,112.75 $3,550.00 Not offered $16,970.13 Agenda Page 179 of 199 Financial Review Investment Summary Quote Number 02-2017-2150428.2 Company Information City of Moab 217 E Center St Moab, UT 84532 United States 110 Tota Employees ADP Safes Associate Kyle Kline Senior Business Consultant HCM yle.kline@adp.com (469) 729-1191 $2,800.00 b»plemanlalion Costs Expiration 4/16/2017 A more human nnource.' Executive Contact Rachel Stenta City Recorder rstentaamoabcitv.ora (435) 259-2683 $19,030.50 Total Aimokil Inve7mcnt Agenda Page 180 of 199 New Business 9-5 Financial Review Sales Order Quote Number 02-2017-2150428.2 Company Information City of Moab 217 E Center St Moab, UT 84532 United States Prorr-.c;flQ Fens and (Thrl iderationc: Number of Employees: 110 on City of Moab g1 Per Processing A more human re30,0-40 Executive Contact Rachel Stenta City Recorder rstenta @moabcitv.ora (435) 259-2683 Count Min Base Rate Bi-Weekly Annual Workforce Now Payroll Solutions 110 - $95.00 $1.25 $232.50 $6,045.00 ■ Essential Plus Payroll Count Min Base Rate Monthly Annual Workforce Now HCM Solutions 110 - - $5.50 $605.00 $7,260.00 ■ Workforce Now HR & Benefits ■ Essential ACA • Workforce Now Performance ■ Workforce Now Recruitment Workforce Now Essential Time and Attendance 110 $250.00 - $3.00 $330.00 $3,960.00 • Essential Time InTouch Bar-code Reader 1 - - $87.00 $87.00 $1,044.00 InTouch Quick Punch 1 $12.00 $12.00 $144.00 Additional Jurisdiction (if applicable) International Employees Rate (if applicable) w� 2+ $8.951month $3.001month Year End Forms, W2s or 1099s Count Min Base Rate 110 - $5.25 Annual $577.50 0 Total Annual Investment Workforce Now Services Total Annual $19, 030.50 Q Implementation • Implementation for Workforce Now Payroll Solutions ■ Implementation for Workforce Now HCM Solutions ■ Implementation for Workforce Now Time and Attendance ■ ACA Historical Hours Import: Client will upload hours history themselves Setup $375.00 $2,000.00 $425.00 NIA Total Other Considerations Implementation and One Time Fees Total Setup $2,800.00 Agenda Page 181 of 199 New Business 9-5 Financial Review Sales Order Quote Number 02-2017-2150428.2 Company Information City of Moab 217 E Center St Moab, UT 84532 United States Imp01 tart Proiect & &Him..] Information A morn human riIOUTCP: Executive Contact Rachel Stenta City Recorder rstenta@moabcitv.oro (435) 259-2683 Product Billing Billing for Payroll Processing Services, HCM and any module bundled into the single per employee per processing fee for payroll, is billed immediately following the client's first payroll processing. The billing count is based on the number of pays submitted during each processing period, therefore total billing may fluctuate. Billing for Essential Time will begin on the earlier of (i) the date the ADP Product or Service is available for use by the client in a production environment OR (II) ninety (90) days from the date of this sales order. The billing count for Essential Time is based on all non -terminated employees in the Time Module. Billing for all modules bundled under HCM Solutions will begin on the earlier of (i) the date the ADP Product or Service is available for use by the client in a production environment OR (II) ninety (90) days from the date of this sales order. The billing count for HCM Solutions is based on all unique lives in the database paid in the previous calendar month. Other Start Date: Payroll:4/13/2017 I Time:5/25/2017 I HCM:61812017 Client agrees to direct debit of fees for service: Expiration Date: YES 4/16/2017 Summary Estimated Annual Net Investment: $19,030.50 Total Implementation: $2,SOO.OD The ADP Services Listed on this sales order are provided at the prices set forth on the above pages and in accordance with ADP's standard terms and conditions of service attached to this sales order. By signing below you are acknowledging receipt of and, agreement to such terms and conditions and to the listed prices. ADP, LLC Signature: Name: Title: Date: Client: City of Moab Signature: Name: Title: Date: Agenda Page 182 of 199 New Business 9-5 Financial Review Sales Order Quote Number 02-2017-2150428.2 Company Information City of Moab 217 E Center SI Moab, UT 84532 United States �11lC,rhfnrc" NIChnr IriCI+!rleri s rvices Essential Pius Payroll • Tax Filing Service • Payment Services ■ Reports Library and Custom Report Writer • Wage Garnishment Processing • Group Term Life Auto Calculation • One Delivery Location Workforce Now HR & Benefits " ADP Portal with Customized Content ■ Policy Acknowledgement • Organization Charting ■ Employee Development Tracking • Compliance Reporting • Custom Fields ■ Global HR System of Record: - Multiple Language & Currencies - Country Specific Workflows & Processes - Country Specific Custom Fields & Formatting Essential ACA • Annual 1094c/1095c Filing Workforce Now Performance • Custom Performance Review Templates • 360 Degree Peer Review Workforce Now Recruitment • Requisition Process & Reporting • Post Directly to Job Boards & Social Sites Media Essential Time • Time Collection • PTO Management & Reporting • Request & Approval Workflows • ADP Portal with Customized Content A more ?aortae' resource. Executive Contact Rachel Stenta City Recorder rstenta(crlmoabcitv.orq (435) 259-2683 ■ Employee and Manager Self Service • Access to Mobile Apps • Employee Discount Program • New Hire Reporting ■ General Ledger Solution • Online Reports and Pay Statements • Employee and Manager Self Service • Paid Time Off (PTO) Accruals Engine • Multiple Benefit Plan Types ■ Flexible Rate Structures • Notifications & Approvals • Dependent & Beneficiary Tracking • Employee Open Enrollment ■ ACA Measurement Dashboard • Invoice Auditing • Evidence of Benefit Offering Screens & Reporting • Employee Goal Management • Manager Dashboard • Metrics behind Cost & Time to Hire • Rule Based Calculations • Scheduling • Mobile Access • Paid Time Off Accruals Thank you for your consideration Agenda Page 183 of 199 New Business 9-5 WorkforceNow MAJOR ACCOUNTS SERVICES - MASTER SERVICES AGREEMENT ADP, LLC: One ADP Boulevard Roseland New Jersey 07068 CLIENT: City of Moab 217 E Center StMoab, UT 84532, United States Attention: Rachel Stenta 03-02-2017 (Effective Date) (referred to herein as "ADP") (referred to herein as "Client") ADP and Client agree that ADP shall provide Client with the following services in accordance with the terms and subject to the conditions set forth in this Major Accounts Services Master Services Agreement (the "Agreement") ANNEX A: GENERAL TERMS AND CONDITIONS ANNEX B: PAYROLL PROCESSING, TAX FILING & PAYMENT SERVICES ANNEX C: TIME AND ATTENDANCE SERVICES ANNEX D: HR, BENEFITS AND TALENT MANAGEMENT SERVICES ANNEX E: ESSENTIAL ACA BY SIGNING BELOW, CLIENT ACKNOWLEDGES THAT THEY HAVE REVIEWED THE ENTIRE AGREEMENT INCLUDING THETERMS AND CONDITIONS IN EACH ANNEX CORRESPONDING TO SERVICES PURCHASED PURSUANT TO THE SALES ORDER. This Agreement includes the Annexes related to the services selected by Client. Each Annex listed above is attached hereto and is incorporated into this Agreement in full by this reference as if set forth in this Agreement in full, ADP, LLC (Signature of Authorized Representative) (Name - Please Print) (Title) (Date) CLIENT (Signature of Authorized Representative) (Name - Please Print) (Title) (Date) ADP Proprietary and Confidential 02-2017-2150428.2 ADP Major Account Services Version 3 (07012016) Cover-2 Agenda Page 184 of 199 New Business 9-5 Workforce Now ANNEX A GENERAL TERMS AND CONDITIONS All references in this Agreement to "Client" shall refer to Client and its affiliates receiving the Services and ADP Products (defined in section IA) pursuant hereto. For purposes of this Agreement "affiliate" shall mean any individual, corporation or partnership or any other entity or organization (a —person") that controls, is controlled by or is under common control with Client. For purposes of the preceding definition, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, whether through ownership of voting securities or by contract or othenvise. Unless otherwise specified, any reference in this Annex to a section or other subdivision is a reference to a section or subdivision of this Annex. Any terms defined in this Annex A shall have the same meaning in any other Annex to this Agreement unless otherwise noted. I. GENERAL TERMS A. Services. ADP shall provide the services described in each Annex elected by Client under this Agreement or amendment to this Agreement and any other services offered pursuant to this Agreement and that ADP provides to Client at Client's request (the `Services") and such equipment, computer programs, software (other than pre -packaged third -party software), and documentation (the "ADP Products—) required for such Services in accordance with sales order(s1 between Client and ADP (the "Sales Order(s)'-). A general description of the Services, including ADP Workforce Now. ADP's web -based portal which provides a single point of access to ADP online solutions and employee -facing websites and resources related to payroll, HR, benefits, talent, and time and attendance, is found at www.productdescription.majoraccounts.adp.com (which may be modified from time to time provided, however, that any such modifications will not have a material adverse impact on any of the Services Client is receiving). The ADP Products and Services are hosted in the United States and are for use in the United States only, except for the HR and/or Talent modules of ADP Workforce Now (but specifically excluding document cloud sen•ices and any other modules/tools that ADP, in its sole discretion, determines shall not be accessible to Client employees located outside the United States), approved for use and access by Client from the countries specified on the Approved Country List listed on vvww.productdescription.maioraccxounts.adp.com or ADP otherwise consents in writing. ADP will provide the Services in a good, diligent and professional manner in accordance with industry standards, utilizing personnel with a level of skill commensurate with the Services to be performed. B. Errors; Review of Data. All Services provided hereunder will be based upon information provided to ADP by Client or any person who is authorized by Client to use, access or receive the Services. Client will promptly review all documents and reports produced by ADP and provided or made available to Client in connection with the Services and promptly notify ADP of any error, omission, or discrepancy with Client's records. ADP will promptly correct such error. omission or discrepancy and, if such error, omission or discrepancy was caused by ADP, then such correction will be done at no additional charge to Client. To help prevent employee fraud. ADP recommends that Client has someone oiler than its designated payroll contact, promptly and thoroughly review Client's disbursement reports to enable Client to spot and correct errors and inconsistencies. C. Records. ADP does not serve as Client's record keeper and Client will be responsible for retaining copies of all documentation received from or provided to ADP in connection with the Services to the extent required by Client or applicable law. D. Use of ADP products and Services. ADP Products and Services include confidential and proprietary information. Client shall use the ADP Products and Services only for its internal business purposes. Client shall not provide, directly or indirectly, any of the ADP Products or Services or any portion thereof to any other party. Client shall not provide service bureau or other data processing services that make use of the ADP Products or Services or any pan thereof without the express written consent of ADP. Client shall be responsible for the use of the Services by its affiliates, employees, plan participants and any other persons authorized by Client to access or use the Services in accordance with the teens of this Agreement. Client is responsible for the accuracy and completeness of all information and materials provided by Client, its agents or employees, regardless of form ("Client Content'), E. Compliance. i. Applicable Laws. Each party will comply with applicable laws and regulations that affect its business generally, including any applicable anti -bribery, export control and data protection laws and rules and regulations promulgated by the United States Department of Treasury, Office of Foreign Assets Control ("OFAC") regarding export controls and trade with prohibited parties. For clarity, Client represents that Personal Information (as defined section 7C of this Annex A) transferred by Client or at Client's direction to ADP has been collected in accordance with applicable privacy laws, and ADP agrees that it shall only process the Personal Information as needed to perform the Services, or as required or permitted by law. fi. Design of the Services. ADP will design the Services, including the functions and processes applicable to the performance of the Services, to. assist the Client in complying with its legal and regulatory requirements applicable to the Services, and ADP will be responsible for the accuracy of such design. Client and not ADP will be responsible for (i) how it uses the Services to comply with its legal and regulatory requirements and (ii) the consequences or any instructions that it gives or fails to give to ADP, including as part of the implementation of the Services, provided ADP follows such instructions. Services do not include any legal, financial, regulatory, benefits, accounting or tax advice. Hi. Online Statements. If Client instructs ADP to provide online pay statements, Forms W2, or Forms 1099 without physical copies thereof. Client will be exclusively responsible for determining if and to what extent Client's use of online pay statements, Forms W2 or Forms I099 satisfies Client's obligations under applicable laws and the consequences resulting from such determinations. F. Links to Third -Party Sites. Certain ADP Products or Services may be accessed by Client and its authorized employees and plan participants through the Internet at a websile provided by ADP or on behalf of ADP, including those 'hosted by ADP on behalf of Client (a "Site"). Links to and from the Site to other third -party sites do not constitute an endorsement by ADP or any of its subsidiaries or affiliates of such third -party sites or the acceptance of responsibility for the content on such sites. Client's business dealings with any third -party advertiser found on the Site(s) are solely between Client and such advertiser and ADP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on ADP Workforce Now. ADP Proprietary and Confidential Version 3 (070120161 A-1 Page 185 of 199 ADP Major Account Services Agenda New Business 9-5 G. Transmission of Data. In the event that Client elects to use an application programming interface ('API") to provide, or requests that ADP provide any Client Content or employee or plan participant information to any third party or to any non-U.S. Client location, Client represents that it has acquired any consents or provided any notices required to transfer such content or information and that such transfer does not violate any applicable international, federal, state or local laws and/or regulations. Additionally, ADP shall not be responsible for any services or data provided by any such third party. 2. FEES, PAYMENTS, AND TAXES A. Fees. Client shall pay ADP for the ADP Products and Services at the rates specified in the Sales Order (assuming no changes in requirements, specifications, volumes or quantities) for the first six (6) months after the Effective Date, or if there is a Price Agreement for certain ADP Products or Services, for the term set forth therein (the "Initial Period"). Client shall pay ADP for the ADP Products and Services added by Client after the Effective Date at ADP's then prevailing prices for such ADP Products and Services. Subject to any Price Agreement, ADP may increase prices for the ADP Products and Services at any time after the Initial Period upon at least thirty (30) days prior written notice to Client if such change is part of a general price change by ADP to its clients for affected items. B. Billing. Commencement of billing for Services shall be set forth in the respective Annexes governing the Services Client will pay all invoices in full within thirty (30) days of the invoice date. Client shall reimburse ADP for any expenses incurred, including interest and reasonable attorney fees, in collecting amounts due ADP hereunder that are not under good faith dispute by Client. Fees for implementation services, if any, shall be billed upon go live of the respective Service(s); provided, however, in the event this Agreement or any Services(s) is terminated after the commencement but prior to the completion of such implementation, ADP will invoice, and Client will pay, for any implementation services and expenses incurred by ADP until such date of termination (a minimum of 30% of quoted implementation fees), not to exceed the implementation fees quoted on the Sales Order. C. Taxes. Client shall be responsible for payment of all taxes (excluding those on ADP's net income) relating to the provision of ADP Products and Services, except to the extent a valid tax exemption certificate or other written documentation acceptable to ADP to evidence Client's tax exemption status is provided by Client to ADP prior to the delivery of Services. 3. WARRANTIES AND DISCLAIMER A. Warranties. Each party warrants that (i) it has full corporate power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby and (ii) this Agreement has been duly and validly executed and delivered and constitutes the valid and binding agreement of the parties, enforceable in accordance with its terms. B. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL EQUIPMENT PROVIDED BY ADP OR ITS SUPPLIERS IS PROVIDED "AS IS" AND ADP AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON -INTERRUPTION OF USE, AND FREEDOM FROM PROGRAM ERRORS, VIRUSES OR ANY OTHER MALICIOUS CODE WITH RESPECT TO THE SERVICES, THE ADP PRODUCTS, ANY CUSTOM PROGRAMS CREATED BY ADP OR ANY THIRD -PARTY SOFTWARE DELIVERED BY ADP. ADP AND ITS LICENSORS FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICES, THE ADP PRODUCTS, ANY CUSTOM PROGRAMS CREATED BY ADP OR ANY THIRD -PARTY SOFTWARE DELIVERED BY ADP WILL MEET CLIENT'S NEEDS. 4. INTELLECTUAL PROPERTY A. Client IP Rights. Except for the rights expressly granted to ADP in this Agreement, all rights, title and interests in and to Client Content, including all Intellectual Property Rights (as hereinafter defined) inherent therein and pertaining thereto, are owned exclusively by Client or its licensors. Client hereby grants to ADP for the term of this Agreement a non-exclusive, worldwide, non -transferable, royalty -free license to use, edit, modify, adapt, translate, exhibit, publish, reproduce, copy and display the Client Content for the sole purpose of performing the Services; provided Client has the right to pre -approve the use by ADP of any Client trademarks or service marks. For the purposes of this Agreement, "Intellectual Property Rights" means all rights, title and interest to or in patent, copyright, trademark, service mark, trade secret, business or trade name, know-how and rights of a similar or corresponding character. B. ADP IP Rights. Except for the rights expressly granted to Client in this Agreement, all rights, title and interest in and to the Services, including all Intellectual Property Rights inherent therein and pertaining thereto, are owned exclusively by ADP or its licensors. ADP grants to Client for the term of this Agreement a personal, non-exclusive, non -transferable, royalty -free license to use and access the ADP Products or Services in accordance with the terms of this Agreement. The ADP Products or Services do not include any Client - specific customizations unless otherwise agreed in writing by the parties. Client will not obscure, alter or remove any copyright, trademark, service mark or proprietary rights notices on any materials provided by ADP in connection with the Services, and will not copy, decompile, recompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, such ADP materials. C. Ownership of Reports. Client will retain ownership of the content of reports and other materials that include Client Content produced and delivered by ADP as a part of the Services, provided that ADP will be the owner of the format of such reports. To the extent any such reports or other materials incorporate any ADP proprietary information, ADP (i) retains sole ownership of such proprietary information and (ii) provides the Client a fully paid up, irrevocable, perpetual, royalty -free license to access and use same for its internal business purposes without the right to create derivative works (other than derivative works to be used solely for its internal business purposes) or to further distribute any of the foregoing rights except to its affiliates, employees, plan participants and any other persons authorized by Client to access or use the Services. D. ADP Indemnity. Subject to the remainder of this Section 4D, ADP shall defend Client in any suit or cause of action, and indemnify and hold Client harmless against any damages payable to any third party in any such suit or cause of action, alleging that the ADP Products as used in accordance with this Agreement infringe any U.S. patent, copyright, trade secret or other proprietary right of any third party. The foregoing obligations of ADP are subject to the following requirements: Client shall take all reasonable steps to mitigate any potential damages which may result; Client shall promptly notify ADP of any and all such suits and causes of action; ADP controls any negotiations or defense of such suits and causes of action; and Client assists as reasonably required by ADP. The foregoing obligations of ADP do not apply to the extent that the infringing ADP Product or portions or components thereof or modifications thereto were not ADP Proprietary and Confidential Version 3 (07012016) A-2 ADP Major Account Services Agenda Page 186 of 199 New Business 9-5 supplied or directed by ADP, or were combined with other products, processes or materials not supplied or directed by ADP (where the alleged infringements relates to such combination). 5. NONDISCLOSURE All Confidential Information (defined below) disclosed hereunder will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the Confidential Information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care. The receiving party will limit access to Confidential Information to its affiliates, employees and authorized representatives with a need to know and will instruct them to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information of the disclosing party (a) to the extent necessary to comply with any law, rule, regulation or ruling applicable to it, (b) as appropriate and with prior notice where practicable, to respond to any summons or subpoena or in connection with any litigation, (c) relating to a specific employee, to the extent such employee has consented to its release, and/or (d) in order to provide the Services under this Agreement. Upon the request of the disclosing party, the receiving party will return or destroy all Confidential Information of the disclosing party that is in its possession. Notwithstanding the foregoing, (x) ADP may retain information for regulatory purposes or in back-up files, provided that ADP's confidentiality obligations hereunder continue to apply; (y) ADP may use the Client's and its employees' and participants' information for purposes other than the performance of the Services but only in an aggregated, anonymized form, such that neither Client nor its employees or participants may be identified, and Client will have no ownership interest in such aggregated, anonymized data. For purposes of this Section, "Confidential Information" shall mean: all information of a confidential or proprietary nature, including pricing and pricing related information and all personally identiftable payroll and employee -level data, provided by the disclosing party to the receiving party for use in connection with ADP Products or Services, or both, but does not include (i) information that is already known by the receiving party, (ii) information that becomes generally available to the public other than as a result of disclosure by the receiving party in violation of this Agreement, and (iii) information that becomes known to the receiving party from a source other than the disclosing party on a non -confidential basis. The obligations of ADP set forth in this Section 5 shall not apply to any suggestions and feedback for product or service improvement, correction, or modification pmvided by Client in connection with any present or future ADP product or service, and, accordingly, neither ADP nor any of its clients or business partners shall have any obligation or liability to Client with respect to any use or disclosure of such information. 6. LIMIT ON LIABILITY A. Limit on Monetary Damages. Notwithstanding anything to the contrary contained in this Agreement, ADP's aggregate liability under this Agreement during any calendar year for damages (monetary or otherwise) under any circumstances for claims of any type or character made by Client or any third party arising from or related to ADP Products or Services, will be limited to the lesser of (i) the amount of actual damages incurred by Client or (ii) the average monthly charges for three (3) months for the affected ADP Products or Services during such calendar year. ADP will issue Client a credit(s) equal to the applicable amount and any such credit(s) will be applied against subsequent fees owed by Client. The foregoing limit on liability shall not apply to (i) ADP's willful, criminal or fraudulent misconduct; (ii) the infringement indemnity set forth in Section 4D; (iii) loss or misdirection of Client funds in possession or control of ADP due to ADP's error or omission; and (iv) in connection with the Tax Filing Services as provided in Section I of Annex B, (a) interest charges imposed by an applicable tax authority on Client for the failure by ADP to pay funds to the extent and for the period that such funds were held by ADP and (b) all tax penalties, in each case resulting from ADP's error or omission in the performance of such Services. The provisions of Section 6A(iv) shall only apply if (x) Client permits ADP to act on Client's behalf in any communications and negotiations with the applicable taxing authority that is seeking to impose any such penalties or interest and (y) Client assists ADP as reasonably required by ADP. B. No Consequential Damages. NEITHER ADP NOR CLIENT WILL BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR, LOSS OF INFORMATION) THAT THE OTHER PARTY MAY INCUR OR EXPERIENCE IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES OR ADP PRODUCTS, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. SECURITY AND CONTROLS A. Service Organization Control Reports. Following completion of implementation of any applicable Services, ADP will, at Client's request and at no charge, provide Client with copies of any routine Service Organization Control I reports ("SOC I Reports") (or any successor reports thereto) directly related to the core ADP Products utilized to provide the Services provided hereunder for Client and already released to ADP by the public accounting firm producing the report. SOC I Reports are ADP Confidential Information and Client will not distribute or allow any third party (other than its independent auditors) to use any such report without the prior written consent of ADP. Client will instruct its independent auditors or other approved third parties to keep such report confidential and Client will remain liable for any unauthorized disclosure of such report by its independent auditors or other approved third parties. B. Business Continuity; Disaster Recovery. ADP maintains a commercially reasonable business continuity and disaster recovery plan and will follow such plan. C. Data Security. ADP has an established information security program containing appropriate administrative, technical and physical measures to protect Client data (including any Personal Information therein) against accidental or unlawful destruction, alteration, unauthorized disclosure or access consistent with applicable laws and data processing industry standards. For purposes of this Agreement, "Personal Information" means information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to such person's physical, physiological, mental, economic, cultural or social identity. In the event ADP suspects any unauthorized access to, or use of, the Services, ADP may suspend access to the Services to the extent ADP deems necessary to preserve the security of the Client's data. D. Data Security Incident Notification. If ADP becomes aware of a security breach (as defined in any applicable law) or any other event that compromises the security, confidentiality or integrity of Client's Personal Information (an "Incident"), ADP will take appropriate ADP Proprietary and Confidential Version 3 (07012016) A-3 ADP Major Account Services Agenda Page 187 of 199 New Business 9-5 actions to contain, investigate and mitigate the Incident. In the event that applicable law requires notification to individuals and others of such an Incident, ADP will take additional mitigation steps including providing assistance with the drafting and mailing of such notifications. ADP and Client shall mutually agree on the content and timing of any such notifications, in good faith and as needed to meet applicable legal requirements. 8. TERM AND TERMINATION; DEFAULT BY CLIENT; REMEDIES UPON DEFAULT A. Termination/Suspension. Subject to the terms of any Price Agreement and except as set forth in any other Annex herein, entered into by ADP and Client, ADP may upon at least ninety (90) days prior written notice or Client may upon at least sixty (60) days prior written notice, terminate this,Agreement or any Service(s) provided hereunder without cause. In the event Client does not provide ADP with the proper notice as set forth in the previous sentence (or as set forth in any Annex herein), Client shall pay ADP for any fees for Services that would have been incurred by Client during such notice period (calculated based on an average of the prior six months of invoices for such terminated Services, or shorter period of time if there has been less than six months of invoices). Either patty may also suspend performance and/or terminate this Agreement immediately upon written notice at any time if: (i) the other party is in material breach of any material warranty, term, condition or covenant of this Agreement and fails to cure that breach within thirty (30) days after written notice thereof; (ii) the other party ceases business operations; or (iii) the other party becomes insolvent, generally stops paying its debts as they become due or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against the other (and not dismissed within ninety (90) days after commencement of one of the foregoing events). ADP may also suspend performance immediately without prior notice in the event Client, its employee(s) or any other third party (i) includes in any Site any Client Content which is obscene, offensive, inappropriate, threatening, or malicious; which violates any applicable law or regulation or any contract, privacy or other third party right; or which otherwise exposes ADP to civil or criminal liability or (ii) wrongfully uses or accesses the ADP Products or any other systems of ADP used in the performance of its obligations under this Agreement. ADP may also immediately terminate this Agreement or the Services if Client has violated or, if conducting business with Client, a payee of Client, or Client subsidiary is in violation of, any of the rules or regulations promulgated by OFAC. B. Termination/Suspension of Payment Services. Without limiting the foregoing, the parties agree that any Services that involve electronic or check payments being made by ADP to third parties on Client's behalf and at its direction (collectively, "Payment Services") involve a credit risk to ADP. Payment Services may be immediately suspended or terminated by ADP without prior notice if (i) ADP has not received timely funds from Client; (ii) a bank notifies ADP that it is no longer willing to originate debits from Client's account(s) and/or credits for Client's behalf for any reason; (iii) the authorization to debit Client's account is terminated or ADP reasonably believes that there is or has been fraudulent activity on the account; (iv) ADP reasonably determines that Client no longer meets ADP's credit/financial eligibility requirements for such Services; (v) Client has any material adverse change in its financial condition; (vi) Clients violation of any applicable operating rules of the National Automated Clearing House Association ("NACHA") or (vii) with respect to the ADP Wage Payments Card Services, the Issuing Bank (as defined in Annex J) cancels the Cards issued on behalf of Client. ADP shall not be required to provide such Payment Services if ADP reasonably determines that Client presents an undue credit risk to ADP or in the event of any other termination right. If Payment Services are not terminated despite the occurrence of any of the events described above, ADP may require Client to pay its outstanding and all future third -party payment amounts covered by Payment Services and/or ADP's fees and charges for Payment Services to ADP (x) by bank or certified check, (y) by wire transfer of immediately available funds and/or (z) in advance of the then current schedule, as a condition to receiving further Payment Services. C. Post -Termination. If use of any ADP Products or Services is or may be terminated by ADP pursuant to Section 8A and 8B, ADP shall be entitled to allocate any funds remitted or otherwise made available by Client to ADP in such priorities as ADP (in its sole discretion) deems appropriate (including reimbursing ADP for payments made by ADP hereunder on Client's behalf to a third party). If any ADP Products or Services are terminated by either party hereto, Client will immediately (i) become solely responsible for all of its third -party payment obligations covered by such ADP Products or Services then or thereafter due; (ii) reimburse ADP for all payments made by ADP hereunder on Client's behalf to any third party; and (iii) pay any and all fees and charges invoiced by ADP to Client relating to the ADP Products or Services. Any license or right to access the ADP Products shall automatically terminate upon ADP ceasing to provide Client with the related Services. At any time prior to the actual termination date, Client may download Client's information or reports available to it in conjunction with all of the Services provided to Client by ADP. Upon termination of this Agreement, Client may order from ADP any data extraction offered by ADP, at the then prevailing hourly time and materials rate. 9. MISCELLANEOUS A. Inducement; Entire Agreement; Modification. Client has not been induced to enter into this Agreement by any representation or warranty not set forth in this Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes and overrides all prior agreements on the same subject matter, and shall govem all disclosures and exchanges of Confidential Information made by the parties previously hereto. This Agreement shall not be modified except by a writing signed by ADP and Client. B. Third -Party Beneficiaries. Except as expressly provided herein or in an applicable exhibit, annex, appendix or schedule by express reference to this Section 9B, nothing in this Agreement creates, or will be deemed to create, third party beneficiaries of or under this Agreement. Client agrees that ADP's obligations in this Agreement are to Client only, and ADP has no obligation to any third party (including, without limitation, Client's personnel, directors, officers, employees, users and any administrative authorities). C. Force Majeure. Any party hereto will be excused from performance under this Agreement for any period of time that the party is prevented from performing its obligations hereunder as a result of an act of God, war, utility or communication failures, or other cause beyond the party's reasonable control. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. D. Non -Hire. During the term of this Agreement and for the twelve (12) months thereafter, neither Client nor the ADP regions providing the Services, shall knowingly solicit or hire for employment or as a consultant, any employee or former employee of the other party who has been actively involved in the subject matter of this Agreement. ADP Proprietary and Confidential Version 3 (07012016) A-4 ADP Major Account Services Agenda J Page 188 of 199 New Business 9-5 E. Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other parry shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. F. Headings. The headings used in this Agreement are for reference only and do not define, limit, or otherwise affect the meaning of any provisions hereof. G. Severability. If any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of Client and ApP shall be construed and enforced accordingly. H. Relationship of the Parties. The parties hereto expressly understand and agree that each party is an independent contractor in the performance of each and every part of this Agreement, is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. 1. Governing Law. This Agreement is governed by the laws of the State of New York without giving effect to its conflict of law provisions. J. Additional Documentation. In order for ADP to perform the Services, it may be necessary for Client to execute and deliver additional documents (such as reporting agent authorization, client account agreement, limited powers of attorney, etc.) and Client agrees to execute and deliver such additional documents. K. Regulatory Notice. No state or federal agency monitors or assumes any responsibility for the financial solvency of third -party tax filers. L. Use of Agents. ADP may designate any agent or subcontractor to perform such tasks and functions to complete any services covered under this Agreement. However, nothing in the preceding sentence shall relieve ADP from responsibility for performance of its duties under the terms of this Agreement. M. Conflicts Clause. In the event of a conflict between the terms of this Agreement and any additional terms, the terms of this Agreement shall control, unless an Addendum to this Agreement is executed simultaneously herewith or subsequently hereto, in which case the terms of such Addendum shall control. N. Counterparts. This Agreement may be signed in two or more counterparts by original, .pdf (or similar format for scanned copies of documents) or facsimile signature, each of which shall be deemed an original, but all of which together shall constitute one and the same instniment. O. Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party. However, ADP may assign its rights and obligations under this Agreement to a commonly controlled affiliate of ADP without the prior written notice or consent of Client in order for such affiliate to perform any or all of the Services, provided that ADP will remain responsible for the performance of such Services. P. Notices. All notices required to be sent or given under this Agreement, including any notices of termination in accordance with Section 8 herein, shall be in writing and shall be delivered or sent by recognized courier or registered or certified mail, retum receipt requested, to Client at the address indicated on the face hereof and to ADP, General Counsel — Major Accounts, One ADP Boulevard, Roseland, NJ 07068, or to such other addresses as the parties shall specify by notice given pursuant hereto. Q. Survival. Those provisions which by their content are intended to, or by their nature would, survive the performance, termination, or expiration of this Agreement, shall survive termination or expiration of this Agreement. ADP Proprietary and Confidential Version 3 (07012016) A-5 ADP Major Account Services Agenda Page 189 of 199 New Business 9-5 WorkforceNow ANNEX B PAYROLL PROCESSING, TAX FILING & PAYMENT SERVICES 1. Payroll Processing, Tax Filing S Payment Services. ADP will process payroll for Client's employees and payees, deliver pay cheeks and related reports to Client, process direct deposits to those employees electing such service, remit payroll taxes on Client's behalf to those federal, state, and most local taxing jurisdictions designated by Client (not including the filing or depositing of excise, sales, use, corporate. or similar taxes). and file related tax returns (such remitting of payroll taxes and filing of related tax returns, the "Tax Filing Services'). For an additional fee, ADP will also process calendar year-end Fonts W-2 for Client's employees and Forms 1099-MISC for payments to individuals that provide services to Client as independent contractors. Client shall be liable for, and shall indemnify ADP against, any loss, liability, claim, damage or exposure arising from or in connection with any fraudulent or criminal acts of Client's employees or payees. 2. Billing. Payroll processing services and any other ADP Products and/or Services bundled into the pricing for the payroll processing services are billed immediately following Client's first payroll processing. The billing count is based on the number of pays submitted during each payroll processing period, therefore total billing may fluctuate. 3. Funding. If Client is receiving Payment Services (as defined in Section 8B of Annex A). Client shall have sufficient funds in Client's account within the deadline established by ADP to satisfy Client's third -party payment obligations in their entirety. A mandatory credit check will be perforated prior to the provision of any Payment Services. ADP may commingle Client's impounded funds with other clients'. ADP's or ADP -administered funds of a similar type. ALL AMOUNTS EARNED ON SUCH FUNDS WHILE HELD BY ADP WILL BE FOR THE SOLE ACCOUNT OF ADP. 4. Debits. Client shall be Gable for debits properly initiated by ADP hereunder. Client unconditionally promises to pay to ADP the amount of any unfunded payroll file (including any debit returned to ADP because of insufficient or uncollected funds or for any other reason), plus any associated bank fees or penalties, upon demand and interest on the unfunded payroll amount at the rate of 1.5% per month (or the maximum allowed by lave. if less). Also, if any debit to an employee's or other payee's account reversing or correcting a previously submitted credits) is returned for any reason, Client unconditionally promises to cooperate with ADP and pay the amount of such debit upon demand and interest thereon. Client agrees to cooperate with ADP and any other parties involved in processing any transactions hereunder to recover funds credited to any employee as a result of an error made by ADP or another party processing a transaction on behalf of ADP. 5. Full Service Direct Deposit (FSDD). Prior to the first credit to the account of any employee or other individual under FSDD services, Client shall obtain and retain a signed authorization from such employee or individual authorizing the initiation of credits to such party's account and debits of such account to recover funds credited to such account in error. G. ADPCheckT`t. Client shall not distribute any ADPChecks to payees prior to the check date. If Client distributes any ADPChecks prior to the check date, ADP may impose an early cashing fee against Client, if Client desires to stop payment on any ADPCheck, Client shall provide ADP with a stop payment request in such farm required by ADP. ADP shall then place a slop payment order with ADP's bank within twenty-four (24) hours of ADP's receipt of such stop payment request. Client shall not request ADP to stop payment on any ADPCheek that represents funds to which the applicable payee is rightfully entitled. Client agrees to indemnify, defend, and hold harmless ADP and its affiliates and their successors and assigns from and against any liability whatsoever for stopping payment on any ADPCheck requested by Client and from and against all actions, suits, losses, claims, damages, charges, and expenses of every nature and character, including attorney fees, in any claims or suits arising by reason of stopping payment on said check. including claims made by a "holder in due course" of such check. 7. Important Tax Information (IRS Disclosure). Notwithstanding Client's engagement of ADP to provide ADP Tax Filing Services, Client is responsible for the timely filing of payroll tax returns and the timely payment of payroll taxes for its employees. The Internal Revenue Service recommends that employers enroll in the U.S. Treasury Department's Electronic Federal Tax Payment System (EFTPS) to monitor their accounts and ensure that timely tax payments are being made for them, Online enrollment in EFTPS is available at www.etips.gov; an enrollment form may also be obtained by calling (800) 555-4477, State tax authorities generally offer similar means to verify tax payments. Client may contact appropriate slate offices directly for details. 8. State Unemployment Insurance Management. Subject to Section 9C of Annex A, Client's compliance with its obligations in Sections A and B herein, and any delays caused by third parties (e.g., postal service, agency system and broker delays) and events beyond ADP's reasonable control, ADP will deliver the State Unemployment Insurance Management Services ("SUI Management Services') within the time periods established by the relevant unemployment compensation agencies. A. Provision of Information; Contesting, Claims. Client will on an ongoing basis provide ADP and not prevent ADP from furnishing al[ information necessary for ADP to perfonn the SUI Management Services within the timeframes established or specified by ADP_ The foregoing information includes without limitation the claimants' names, relevant dates, wage and separation information. state -specific required information, and other documentation to support responses to unemployment compensation agencies. B. Transfer of Data. Client may transfer the information described in Section A to ADP via: (i) an -line connection between ADP and Client's computer system, or (ii) inbound data transmissions from Client to ADP. Client will provide the data using mutually acceptable communications protocols and delivery methods. Client will promptly notify ADP in writing if Client wishes to modify the communication protocol or delivery method. C. Client acknowledges that ADP is not providing storage or record keeping of Client records as part of the SUl Management Services, and that if the SUI Management Services are terminated, ADP may, in conformity with Section 5 of Annex A, dispose of all such records. If the SUI Management Services are terminated. any access Client has to ADP websites containing Client's data will expire and Client will be responsible for downloading and gathering all relevant data prior to expiration of any such access that may have been granted. ADP Proprietary and Confidential Version 3 (07012016) 13 -I ADP Major Accomit 5er.iccs Agenda Page 190 of 199 New Business 9-5 WorkforceNow ANNEX C TIME AND ATTENDANCE SERVICES I. Time and Attendance Products. ADP agrees to provide Client with the data collection devices (e.g. Timeclock, HandPunch, etc.) (the "Timeciock Equipment"). time and attendance module or application, and related services (collectively. the "Time Products") described in the Sales Order. For the hosted Enhanced Time (also known as Enterprise eTIME) product only, additional license terms are available at www_adp_comltlmlicenseterms. ADP Enhanced and Essential Time products are available for use in a limited number of countries outside the United States, although certain restrictions and requirements may apply. 2. Billing for Services. if Client is purchasing Essential Time Services and the pricing for such ADP Products and Services is not bundled with Client's pricing for Payroll Processing services, if any_ billing for such ADP Products and Services will begin on the earlier of (i) the date that ADP Products and Services are available for use by Client in a production environment OR (ii) ninety (90) days from the Effective Date. If Client is purchasing Enhanced Time (also known as Enterprise eTIME) services billing will begin on the earlier of (i) the date that ADP Products and Services are available for use by Client in a production environment OR (ii) one hundred forty 040) days from the Effective Date. If the Services Client is purchasing pursuant to this Annex C is bundled with payroll processing services, then billing for such services shall commence in accordance with the terms of Section 2 of Annex B. 3. Installation, Client shall provide and install all power, wiring and cabling required for the installation of any Timeclock Equipment. Client shall also pay an installation and setup fee for each unit of Timeclock Equipment if such equipment is installed on Client's premises by ADP. 4. Use of Timeclock Equipment and Right to Inspect. Regarding Timeclock Equipment provided on a subscription basis only, Client shall not make any alterations or attach any device not provided by ADP to the Timeclock Equipment, nor shall Client remove the Timeclock Equipment from the place of original installation without ADP's prior consent. Upon reasonable written notice to Client, ADP shall have the right to enter Client's premises to inspect the Timeclock Equipment during normal business hours. Title to the Timeclock Equipment shall at all times remain in ADP unless Client has chosen the purchase option and has paid ADP in full the purchase price. Except if so purchased and paid for by Client, the Timeclock Equipment is and at all times shall remain, a separate item ofpersonal property notwithstanding its attachment to other Timeclock Equipment or real property. 5. Return of Timeelock Equipment. Upon termination or cancellation of this Agreement, Client shall, at its expense, return the Timeclock Equipment to ADP in accordance with ADP's instructions. The Timeclock Equipment shall be returned in as good condition as received by Client, normal wear and tear excepted. In the event the Timeclock Equipment is not returned within ninety (90) days, Client agrees to purchase it at the prevailing manufacturer's suggested retail price. If timely payment for the Timeclock Equipment is not made by Client, ADP shall have the right to take immediate possession of such equipment. The terns of this Section 5 shall not apply if prior to the lime of such termination or cancellation Client already purchased and paid for the Timeclock Equipment in full. G. Warranty. ADP warrants to Client that the Timeclock Equipment shall be free from defects in material and workmanship at the date such Timeclock Equipment is shipped and for ninety (90) days thereafter. ADP's sole obligation in case of any breach of any warranty contained herein shall be to repair or replace, at ADP's option, any defective items. The foregoing is the extent of ADP's liability with respect to all claims related to Timeclock Equipment, including without limitation, contract and negligence claims and shall constitute Client's sole remedy. 7. Maintenance Fees. Maintenance services for the Timeclock Equipment (set forth below in Section 8) apply automatically to Timeclock Equipment obtained under the subscription option (and any charges therefore are already included in the monthly time and attendance subscription fees). The costs for maintenance services for Timeclock Equipment under the purchase option are not included in the purchase price for such equipment; a separate annual maintenance fee applies. Client, under the purchase option, may terminate its receipt of maintenance services by providing written notice to ADP no less than thirty (30) days prior to the end of the then current annual coverage period. ADP is not required to rebate to Client any maintenance fees relating to a current or prior coverage period. ([VOTE: If Client selects the purchase option but opts not to receive (or terminates) maintenance services hereunder by executing a waiver of maintenance services, any such services provided by Af]P at Client's request will be subject to ADP's then current charges for such services,) No Timeclock Equipment maintenance is done at the Client site. Client shall bear all delivery/shipping costs and all risk of loss during shipment/delivery of Timeclock Equipment relating to maintenance services. 8, Maintenance Services. ADP will maintain the Timeclock Equipment to be free from defects in material and workmanship as follows: Any parts found to be defective (except as specifically excluded below) shall be replaced or repaired, at ADP's or its designee's option, without charge for parts or labor, provided that the Timeclock Equipment has been properly installed and maintained by Client and provided that such equipment has been used in accordance with this Agreement and any online or shrink- wrap terms or license, or other accompanying dncuntentatinn including, but not limited to, Client's Sales Order provided by ADP or its designee and has not been subject to abuse or tampering. The foregoing repairs and replacements may be made only by ADP or its designee, and will be [Wade only aver ADP or its designee is notified of a problem, receives delivery from Client of the Timeclock Equipment at issue and determines that it results front defective materials or workmanship. Notwithstanding the foregoing, ADP may deliver a temporary replacement item for Client's use while such determination is being made with respect to the Timeclock Equipment in question. Repairs and replacements required as a result of any of the following shall not be included in the foregoing maintenance services and shall be charged at ADP's then current rates: (i) damage, defects, or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical, or electrical stress, or causes other than normal or intended use: (ii) failure of Client to provide and maintain a suitable installation environment; (iii) any alterations made to or any devices not provided by ADP attached to the Timeclock Equipment: and (iv) malfunctions resulting front use of badges or supplies not approved by ADP. 9. Upgrades. In order to keep the Time Products current, ADP may from time to time perform maintenance fixes and other upgrades to the Time Products Client is then receiving. ADP will perform these upgrades on Client's behalf for all hosted products. For non - hosted products, Client will be required to install the upgrade provided by ADP in accordance with the written notice provided to Client. ADP Proprietary and Confidential Version 3 (070120161 C-1 ADP Major Accouni Services Agenda Page 191 of 199 New Business 9-5 WorkforceNow ANNEX D HR, BENEFITS AND TALENT MANAGEMENT SERVICES I. Billing for Services. If Client is purchasing HR, Benefits or Talent Management Services and the pricing for such Services is not bundled with Client's pricing for payroll processing services, billing for such Services will begin on the earlier of (i) the date that the services are available for use by Client in a production environment OR (ii) ninety (90) days after the Effective Date. The billing count For HR, Benefits or Talent Management Services when the pricing for such Services is not bundled with Client's pricing for payroll processing services is based on all unique lives in the database paid in the previous calendar month. If the Services Client is purchasing pursuant to this Annex D are bundled with payroll processing services, then billing for such Services shall commence in accordance with the terms of Section 2 of Annex B. 2. Initial Setup Services. Client shall promptly deliver to ADP die Client Content required by ADP to perform initial setup services. Such information and materials shall be in an electronic file format acceptable to ADP. 3. Additional Configuration. After completion of initial setup services, any subsequent changes Client requests to the configuration of the Client Content in the HR and/or Benefits module will be charged at ADP's then current benefits maintenance fees. 4. ADP Carrier Connection. If Client is receiving the Benefits products and services and elects the ADP Carrier Connection service, ADP, or its authorized agent(s), will electronically transmit employee data, including employee benefits enrollment data, to Client's carriers or other third parties authorized by Client. and Client authorizes ADP and its authorized agent(s), to provide such transmission on Client's behalf. Additionally, commencement of the Carrier Connection service is subject to Client completing the configuration setup of Client Content and the format of such transmission to the designated caniets_ ADP's ability to transmit Client's employee benefits enrollment data is subject to the provision by the designated carriers of a current functional interlace between the benefits module and the designated carriers' systems. ADP will not be obligated to transmit Client's data to the designated carriers if at any time Client's designated carriers fail to provide the proper interface as described above. If Client requires the development of any special interfaces in order to transmit such data to the designated carriers, all work performed by ADP to create such interfaces will be al ADP's then current fees for such services. Client is responsible for promptly reviewing all records of carrier transmissions and other reports prepared by ADP for validity and accuracy according to Client's records, and Client will notify ADP of any discrepancies promptly after receipt thereof. In the event of an error or omission in the Carrier Connection services caused by ADP, ADP will correct such error or omission, provided that Client promptly advises ADP of such error or omission. Client shall retrain responsible for transmission of all enrollment/disenrollment data to Client's carriers other third parties authorized by Client until ADP confirms that carrier connection implementation is complete. Additional setup fees will apply when Client elects to add new carrier connections. This includes reconfiguration of existing carrier connections and additional elections requested after connection set up (initial implementation) of the Services. Any changes in Client's benefit providers that require the establishment of a new carrier connection or the modification of an existing carrier connection shall be considered a new carrier connection. 5. Talent Management Services. Talent Management Services includes Performance, Recruitment and Compensation Management products and services. If Talent Management Services are purchased, the Following additional provisions will apply. A. Hiring Practices, Client represents and warrants that it will use Talent Management Services for its own hiring and/or HR management purposes only. Client acknowledges and agrees that ADP will not be deemed to be involved in any hiring decisions or evaluation of candidates in connection with the recruitment services, or with any compensation decisions in connection with the compensation management services. B. Customized Content. Client understands and agrees that to the extent it chooses to customize any content or documents made available to job candidates through Talent Management Services, including but not limited to job descriptions, online application instructions and questions, Client is responsible for the content of any such customization. Client acknowledges that any content provided by the Talent Management Services may not be suitable for all situations or in all locations. Client should review applicable laws in the jurisdictions in which Client operates and should consult with its own legal counsel prior to utilizing the services. C. Sensitive Data. If Client implements the Talent Management Services to collect any sensitive data elements (or special categories of data), Client shall comply with any additional requirements for the processing of these data elements, and it shall be responsible for respecting all individual rights of access, correction or deletion and for responding to any individual or regulatory inquiries. ADP Proprietary and Confidential Version 3 (07012016) D -1 ADP Major Aceount Services Agenda Page 192 of 199 New Business 9-5 WorkforceNow ANNEX D HR, BENEFITS AND TALENT MANAGEMENT SERVICES 1. Billing for Services. The billing for HR, Benefits or Talent Management Services will begin on the date that the Services are available for use by Client in a production environment. 2. initial Setup Services. Client shall promptly deliver to ADP the Client Content required by ADP to perform initial setup services. Such information and materials shall be in an electronic file format acceptable to ADP. 3. Additional Configuration. After completion of initial setup services, any subsequent changes Client requests to the configuration of the Client Content in the 1IR and/or Benefits module will he charged at ADP's then current benefits maintenance lees. 4. ADP Carrier Connection''`. if Client is receiving the Benefits products and services and elects the ADP Carrier Connection service, ADP, or its authorized agent(s), will electronically transmit employee data, including employee benefits enrollment data, to Client's carriers or other third parties authorized by Client, and Client authorizes ADP and its authorized agent(s), to provide such transmission on Client's behalf, Additionally. commencement of the Carrier Connection service is subject to Client completing the configuration setup of Client Content and the format of such transmission to the designated carriers. Ai)P's ability to transmit Client's employee benefits enrollment data is subject to the provision by the designated carriers of a current functional interface between the benefits module and the designated carriers' systems. ADP will not be obligated to transmit Client's data to the designated carriers if at any time Client's designated carriers fail to provide the proper interface as described above. If Client requires the development of any special interfaces in order to transmit such data to the designated carriers, all wort: performed by ADP to create such interfaces will be at ADP's then current lees for such services. Client is responsible for promptly reviewing all records of carrier transmissions and oilier reports prepared by ADP for validity- and accuracy according to Client's records, and Client will notify ADP of any discrepancies promptly after receipt thereof. In the event of an error or omission in the Carrier Connection services caused by ADP, ADP will correct such error or omission, provided that Client promptly advises ADP of such error or omission. Client shall remain responsible for transmission of all enrollmentldisetirollment data to Client's carriers other third parties authorized by Client until ADP confirms that carrier connection implementation is complete. Additional setup fees will apply when Client elects to add new carrier connections, This includes reconfiguration of existing carrier connections and additional elections requested after connection set up (initial implementation) of the Services. Any changes in Client's benefit providers that require the establishment of a new carrier connection or the modification of an existing carrier connection shall be considered a new carrier connection. S. Talent hlanagement Services. Talent Management Services includes Perfonnance, Recruitment and Compensation Management products and services. If Talent Management Services are purchased, the following additional provisions will apply. A. Hiring Practices. Client represents and warrants that it will use Talent Management Services for its own hiring and/or HR management purposes only. Client acknowledges and agrees that ADP will not be deemed to be involved in any hiring decisions or evaluation of candidates in connection with the recruitment services, or with any compensation decisions in connection with the compensation management services. B. Customized Content. Client understands and agrees that to the extent it chooses to customize any content or documents made available to job candidates through Talent Management Services, including but not limited to job descriptions, online application instructions and questions. Client is responsible for the content of any such customization. Client acknowledges that any content provided by the Talent Management Services may not be suitable for all situations or in all locations. Client should review applicable laws in the jurisdictions in which Client operates and should consult with its own legal counsel prior to utilizing the services. C. Sensitive Data. if Client implements the Talent Management Services to collect any sensitive data elements (or special categories of data), Client shall comply with any additional requirements for the processing of these data elements, and it shall be responsible for respecting all individual rights of access, correction or deletion and for responding to any individual or regulatory inquiries. ADP Proprietary and Confidential Version 3 1070IMI6) DI -1 ADI' Major Account Services Agenda Page 193 of 199 New Business 9-5 WorkforceNow ANNEX E Essential ACA 1. Description. ADP will provide the Essential ACA solution specified in the Sales Order (and any applicable service specification) (collectively, the "Essential ACA') to Client in accordance with the tenns of this Agreement. Essential ACA is a technology and software solution to assist Client in managing compliance needs related to the Affordable Care Act (ACA), including eligibility calculations and affordability determinations, preparation and electronic filing of Forms 1094-C and 1095-C forms, access to evidence of benefit offering information and benefit offering audit reports. Client must use ADP Workforce Now payroll, FIR and benefits services in order to purchase and implement Essential ACA. Essential ACA will commence in calendar year 2017 for the 2017 filing period (and will not include any filings for the 2016 filing period). For the avoidance of doubt, all Forms filed by ADP with the IRS on behalf of Client will be filed electronically; any Forms sent to Client for its employees by ADP shall be sent in paper form, and, if Client has ADP's iPay functionality. ADP will also make Forms accessible to Client employees electronically. It will then be Client's responsibility to distribute the Forms directly to its employees. 2. Billing for Services. if Client is purchasing Essential ACA Services and the pricing for such Services is not bundled with Client's pricing for payroll processing services, billing for such Services will begin on the earlier of (i) the dale that the services are available for use by Client in a production environment OR (ii) ninety (90) days from the Effective Date. If the Services Client is purchasing pursuant to this Annex E are bundled with payroll processing services, then billing for such Services shall commence in accordance with the terms of Section 2 of Annex B. 3. Delivery of Client Content. Client shall promptly deliver to ADP the Client Content as required by ADP in an electronic file format specified by and accessible to ADP and will include any materials relating to Client and necessary for incorporation in the Essential ACA solution, including, but not limited to, any Human Resources, Payroll, Time and Labor, Benefits, Form 1-9, and/or financial data. 4. Client ACA Liaison, Prior to the commencement of ADP's provision of the Essential ACA solution, Client shall designate in writing to ADP the name of one person who shall serve as ADP's principal designated contact for the Essential ACA solution (the "Client ACA Liaison"). Client hereby represents and warrants to ADP that the Client ACA I.iaison has, and shall at all tittles have. the requisite authority to transmit information, directions and instructions on behalf of Client. The Client ACA Liaison also shall be deemed to have authority to issue, execute, grant, or provide any approvals (other than amendments to this Agreement), requests, notices, or other communications required or permitted under this Agreement or requested by ADP in connection with the Essential ACA solution. Client shall designate an alternate Client ACA Liaison in the event the principal Client ACA Liaison is not available. 5. Client Instructions. In the event ADP shall have any questions relating to a particular set of facts or Client directions, then ADP shall request clarification from the Client ACA Liaison. The Client ACA Liaison shall have the responsibility to obtain answers to any such questions or objections and ADP shall be entitled to rely upon such answers and to follow any directions communicated by the Client ACA Liaison. Client authorizes ADP to release employee -related data to third party vendors of Client as are designated by Client from time to time. ADP shall be under no duty to question the measures taken or directions provided by Client pursuant to any section of this Annex E. 6. Disclaimer, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE SCOPE OF SERVICES, CLIENT EXPRESSLY ACKNOWLEDGES THAT ADP IS NOT THE "ADMINISTRATOR" OR "PLAN ADMINISTRATOR" AS DEFINED IN SECTION 3(16)(A) OF ERISA AND SECTION 414(g) OF THE INTERNAL REVENUE CODE, RESPECTIVELY, NOR IS ADP A "FIDUCIARY"' WITHIN THE MEANING OF ERISA SECTION 3(21). ADP SHALL NOT EXERCISE ANY DISCRETIONARY AUTHORITY OR DISCRETIONARY CONTROL RESPECTING MANAGEMENT OF ANY BENEFIT PLANS SPONSORED OR OFFERED BY CLIENT. ADP HAS NO DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITY IN THE ADMINISTRATION OF THE CLIENT'S BENEFIT PLAN(S), 7. Implementation Services. ADP will assist Client in implementing the Essential ACA solution for the benefit of and in conjunction with Client in accordance with the provisions of Sections 7 and 8 below. ADP will use commercially reasonable efforts to complete the implementation services in a timely manner. 8. Conversion of Data; Required Timeline. Client shall provide to ADP, such applicable Client files, databases and other information (the "Client Files") as is necessary to permit the Essential ACA solution to be performed. Client must provide the Client Files to ADP by November PI of the year preceding the year in which the preparation and electronic filing of the Forms will be provided. For purposes of clarification and example, in order for ADP to perform the preparation and electronic filing of the Forums in January of the current filing year, Client must provide the Client Files in accordance with the tenns and conditions of this Annex, and such Client Files must be accepted and converted by ADP by December 9 of the previous year. Client assumes the responsibility for the Client Files to be transmitted to ADP, including, but not limited to, their condition, content, format, usability or correctness. Client shall perform all Client Files refinement, purification and reformatting in order for the Essential ACA solution to be performed by ADP. With Client's pre -approval. ADP shall be compensated on a time and expense basis at ADP's standard rates in effect at such time in the event ADP is required to perform any such refinement, purification or reformatting. Client will cooperate with ADP and provide ADP with all necessary information and assistance required in outer for ADP to successfully convert the Client Files. Client understands and agrees that if Client fails to provide the Client Files in order for such Client Files to be accepted and successfully converted by November lst in any given year, ADP will not provide the preparation and electronic filing of the Forms for that year and Client will not be eligible for credit of any fees paid for the Essential ACA solution for that year. Client is responsible for the accuracy of all Client Files and will review for accuracy the preview of the Forms prior to filing. In the event that a Farm 1094-C or 1095-C needs to be rented due to an inaccuracy in the Client Files, Client will be billed for such ref -ding. The obligations described in this Section 7 shall apply to ongoing provision of Client Files to ADP by Client. 9. Project Lead. Client will designate a project lead for the implementation of the Essential ACA solution and will promptly notify ADP of the name, telephone number and email address of such person. The Client project lead will be deemed to have authority to issue, ADP Proprietary and Confidential Version 3 (07012016) 1-1 ADP Major Account Ser,.iccs Agenda Page 194 of 199 New Business 9-5 execute, grant, or provide any approvals, requests, notices, or other communications required under this Annex E or requested by the other party in connection with the implementation of the Essential ACA solution. The project lead will bring appropriate personnel/skillsets to the project as needed. 10. Licensed Entity. Notwithstanding the use in this Annex E of the word "ADP", in the event that ADP determines that all or a portion of the Essential ACA solution may be subject to licensing or other regulatory requirements, such services shall be performed solely by such wholly owned subsidiary of Automatic Data Processing, Inc. as shall be designated by ADP or such licensed third party as determined by ADP. ADP Proprietary and Confidential Version 3 (07012016) E-2 ADP Major Account Services Agenda Page 195 of 199 New Business 9-5 Caselle® Software & Services Proposal City of Moab, UT April 26, 2016 Proposal Detail Caselle® Application Software License Fees On -site Training Setup Conversion Total General Ledger $5,500 $1,500 $700 $3,000 $10,700 Budgeting Incl. w/GL Included - - - Bank Reconciliation Incl. w/GL Included - 2,000 2.000 Transparency Reporting Incl. w/GL - - - - miExcel GL 500 Included 500 - 1,000 Caselle Advanced Budgeting 5,000 2,500 2,500 - 10,000 Payroll/Direct Deposit 9,200 2,250 1,750 3,740 16,940 Electronic W2/1099 1,700 Included - - 1,700 Timekeeping 2,700 750 500 - 3,950 Human Resources 4,500 375 - - 4,875 Online Pay Stubs/W2's - - 3,000 - 3,000 miExcel PR 750 Included 750 - 1,500 Accounts Payable 5,500 375 500 3,000 9,375 miExcel AP 500 Included 500 - 1,000 Accounts Receivable 5,500 750 500 100 6,850 Utility Management 5,500 2,250 1,500 4,400 13,650 Utility Electronic Reading Interface 2,700 Included 250 - 2,950 Utility Service Orders 2,700 375 500 - 3,575 miExcel UM 750 Included 750 - 1,500 Cash Receipting 4,500 375 500 - 5,375 Payment Import 2,700 Included - - 2,700 Animal License 2,700 Included - 500 3,200 Asset Management 3,300 375 500 500 4,675 Business License 3,300 375 500 700 4,875 Project Accounting 4,500 1,500 500 - 6,500 miExcel PA 250 Included 250 - 500 Caselle Document Management Enterprise Package 3,595 3,000 3,000 - 9,595 Three (3) Concurrent User Licenses Included - - - Included Three (3) Additional Concurrent User Licenses (6 Total) 6,000 - - - 6,000 Sub Total $ 83,845 $16,750 $19,450 $17,940 $137,985 Special Consideration Discount (48,000) - - - (48,000) Grand Total $35,845 $16,750 $19,450 $17,940 $89,985 rSELLS® c v 00 Q Proven Software Solutions for Local Government www.caselle tom Toll Free (B00) 228-9851 Fax (801) 850-5001 1656 S East Bay Blvd., Ste. 100 / Provo, UT/ 84606 Page 196 of 199 Jew Business 9-5 3 Business Payroll Services Price Quote Company name City of Moab Company payroll contact Dani/Rachel WELLS FARGO Input type Active employees Termed employees Quote valid 90 days from date written • Online o PC O Email o Phone I80 [ 0 1 09/01/2016 Per payroll processing Base processing' -3 O Weekly $42 • Bi-weekly $60 o Semi-monthly $60 O Monthly $76 Per payment processing, O No charge/1-3 O $2.25/4-15 O $2.10/16-49 • $1.85/50-99 O $1.75/100-150 O $1.65/151+ HR360'" Exclude ❑ Local Print WageView Online Reports Access: al Suppress Payroll Reports s6 Suppress Tax Reports Optional per payroll services ❑ Wells Fargo cashier's checks/no charge ❑ Tax package upgrade/$7 per processing° ❑ Split package same location/$5 ❑ Split package/$5 plus delivery fee per additional location: O $8.95 two day delivery O $12.95 next day delivery ❑ Expedited payroll processing, excludes delivery/$5 per processing ❑ Next day delivery/$5 El promo discount for 15 months processing. 10.00% Payroll setup Q $200 (plus $1.95 per employee/contractor greater than 20) 2 GL custom setup/$300 ❑ Custom time import/$200 ❑ Additional workstation software install/$100 each ❑ 401 k Non -Wells Fargo export/$200 ❑ Custom reports minimum/$75 R Relationship Discount 100.00% $54.00 $142.45 -$19.65 Total processing $176.81 $317.00 $300.00 -$317.00 Total setup $300.00 Affordable Care Act (ACAIs ❑ Yes, I wish to receive ACA reporting services from Wells Fargo Business Payroll Services and agree to the listed fees below. ❑ $499 One-time setup fee for primary company6, $5 per 1095-C filed', $99 Monthly maintenance fee, ❑ $99 One-time setup fee for each additional company6, $5 per 1095-C filed7, $25 Monthly maintenance fee, 2 No, I do not wish to receive ACA reporting services from Wells Fargo Business Payroll Services. Initial. I understand that if I decline ACA reporting services now and wish to elect such services later in the year, I will be charged retroactively the monthly maintenance fee for the applicable reporting year. Year end O W-2s & 1099s/$42.50 plus $4.75 per active and termed employee/contractor Other ❑ Signed up for instructor -led OptRight° online training class Total other Payroll Sales Specialist D Earle Code 10 °499 Customer signature Schedule does not include bank charges for account -related services on deposit accounts such as stop payments. Terms and conditions, and pricing are subject to change. Additional service fees and applicable sales tax may apply. ' Base processing includes: Standard 2 day delivery, direct deposit, new hire reporting, standard tax package (includes Federal and primary state), quarterly tax processing, standard reports, online report access, WageView, paid time off tracking and reporting. GL standard export for Quickbooks° users, Wells Fargo 401k contribution file transfer export, Workers' Compensation file transfer export, HR360'" subscription and general workers' compensation reporting. All exports are available only for Online or PC input customers. ' Monthly min'mum fee of $65 applies if no payrolls are processed within the calendar month. ' Base process'ng and per payment processing are combined on the invoice and expressed as a single billing amount. The first three checks are included in the base processing and not billed. ' Tax package upgrade is for multiple state jurisdictions plus WA L&I, NM & WY, local jurisdictions, and Multi Worksite Reporting. Wells Fargo cashiers check & expedited payroll services customers must fund payroll with an active Wells Fargo checking account. 'Well Fargo does not provide any tax advice or guidance in connection with the Service. Wells Fargo recommends that Company seek legal and tax advice from its own legal and/or tax advisors. Com uld verify its fi uements with the IRS and any other applicable federal and state agencies. Company is responsible for providing accurate Payroll Information for its ACA reporting, and will be responsibl penalties and st resulting from incorrect filings or other errors based on Payroll Information Company has provided Wells Fargo in connection with the Service. Signing up for ACA reporting requires a o etup fee, mon tenance fee and 1095-C filing fees. ° The dable ACA setup fee covers setup for ACA reporting and will be billed during implementation. ' The es included in this price quote are an estimate only until final billing. The 1095-C billing will occur in the January immediately following the applicable tax year. °The na aintenancefee applies toeach company,will bebilled monthlyand will appearonyourbillingstatement. Customers that fund payrollwith aWells Fargoaccountwillnotbechargedamor� c lintenance fee c In Wells Fargo Business Services"Packages. Page 197 of 199 ® 2 � Its Fargo Bank, N.A. All rights reserved. Member FDIC. BPS-PS-CPPS-031716 Jew Bus Q Agenda Total Employees Payroll Cost/Run Time clock Cost 13ased on $2.5/EE/mtli Total cost per run Total Annual Cost . 60 $129.63 $75.00 $204.63 $5,320.38 80 $176.81 110 1 0 $217.13 $100.00 $137.50 Less Offest from ACH Savings Est 181/month . . $276.81 $354.63 . $7,197.06 $9,220.38 q2• i--- ., r li 3415- 38 $2,172 ,. One Time Fees - Standard Set up Fee $317 Waived 4 ✓ Time clock set up optional * G/L Custom Set up $250 $300 ,. . $250 $300 ., ., Total 1 timefees . Annual Fee 4 ., $550* W2 Preparation 42.5 + $4.75/ W2 Est . 215 W2's * $1,063.75 $1,063.75 . Other optional fees: . 4 ACA Reporting By Bank One Time Set up $499 Monthly ACA Maintenance Annual 1095-C $99/Monthly . $5 EA @ 80 . $1,188 $400 . icliocile. (3 ew Business 9-5 QTY City of Moab - Attendance on Demand Wells Fargo Time and Attendance ITEM DESCRIPTION PER UNIT FEE MONTHLY FEE SOFTWARE 80 Attendance on Demand Includes Unlimited Managers System Includes Employee Self Service with Leave Management Mobile Apps with GPS ValidationNerify - Inlcuded Employee Kiosk $ 2.50 $ $ 200.00 Total Software $ 200.00 Timeclock Options: ID Punch 7 PIN Entry/Badge based Time Clock Purchase Option $795 Annual Maint $165 ID Punch 7 Fingerprint Time Clock Purchase Option $995 Annual Maint $195 $ $ 70.00 45.00 $ Timeclock Hardware Total Monthly Product Total $ $ 200.00 All implementation and training fees are one time fees IMPLEMENTATION SERVICES Implementation, Configuration and Core User Training $ 250.00 Optional Manager Training - $200 per session up to 15 managers per session in a virtual classroom Total Services MS 73 c v an a Page 199 of 199 $ 250.00 Ul c, cn in v c 3 m 3 v