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HomeMy Public PortalAboutPKT-CC-2016-10-11Moab City Council October 11, 2016 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 168 Agenda Page 2 of 168 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, October 11, 2016 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 August 23, 2016 1-2 September 12, 2016 1-3 September 27, 2016 1-4 September 30, 2016 CITIZENS TO BE HEARD PRESENTATIONS/PROCLAMATIONS 3-1 Presentation Regarding New City Logo DEPARTMENTAL UPDATES 4-1 Community Services 4-2 Engineering 4-3 Public Safety 4-4 Public Works 4-5 Recreation/Trails 4-6 Recorder/Human Resources 4-7 Treasurer SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on Proposed Ordinance #2016-11 - An Ordinance Approving the Annexation of 8.77 Acres for the City of Moab Waste Water Treatment Plants on Properties Located along the Western Extension of 400 North Street Right -of -Way SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Special Business Event License for the Moab Ho Down to be held October 27 to 30, 2016 at the BMX Bike Park Agenda Page 3 of 168 6-2 Approval of a Park Use Permit for the Moab Ho Down from October 27 to 30, 2016 at the BMX Bike Park SECTION 7: NEW BUSINESS 7-1 Approval of Change Order #4 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. 7-2 Request for Approval of a Building Permit Fee Waiver by the Grand County Sheriff's Office in an amount not to exceed $10,538.77 7-3 Possible Action on New City Logo 7-4 Third Reading and Possible Approval of Proposed Ordinance #2016-13 —An Ordinance Amending City Procurement Procedures, Enacting Certain Ethics Provisions, and Providing for Disclosure of Transactions in which City Employees or Officials may have a Personal Interest 7-5 Award of the City Hall Roof Mounted Solar Photovoltaic System Project Contract 7-6 Award of the Cyber Security and Information Technology Support Services Contract SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: PUBLIC OUTREACH REPORT 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 4 of 168 MOAB CITY COUNCIL REGULAR MEETING August 23, 2016 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. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Services Director Amy Weiser and City Engineer Phillip Bowman. During the Pre Council Workshop a discussion was held regarding Affordable Housing. City Community Services Director Weiser informed the Council of Affordable Housing Programs that are available in Moab, including Federal Programs, Section Eight Housing, Mutual Self Help and Housing Vouchers. City Community Services Director Weiser also listed the State Programs available which are the Crown Homes or Rent to Own and a Low Income Tax Credit which funds a new development. City Community Services Director Weiser shared the definition of Affordable Housing for our area: a household cannot spend more than 30% of their Gross Annual Income on rent, and utilities; and for home owners that would be 30% for a mortgage payment, property taxes, insurance and utilities. City Community Services Director Weiser defined Inclusionary Housing for the Council which would be for a developer to include a percentage of Affordable Housing, typically 10%— 30%, with Deed Restrictions and Rent Increase Caps. City Community Services Director Weiser encouraged City Council to discuss Goals and Policy that they would like the Staff and Planning August 23, 2016 Page 1 of 9 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP Agenda I Page 5 of 168 Commission to implement by Ordinance creation. Councilmember Jones suggested a deeper breakdown of the types of housing that would fit the needs of our community. City Manager Davidson questioned Council about where they think the 500 needed housing units should be located and what type of housing. Councilmember Ershadi stated that she would like to hear more information and suggestions from the Housing Task Force. A discussion regarding Sexually Oriented Businesses (SOBS) was also held during the Pre Council Workshop. City Community Services Director Weiser reported to the Council that Attorney David Church is helping to draft an ordinance for regulating Sexually Oriented Businesses for the City. City Community Services Director Weiser informed the Council that some items to be included in the Ordinance will be location, licensing, design and operational requirements and that when is it received it will be presented to the Council for review. Jared Lundell and Ashley Long of the Bureau of Land Management presented the design of the Interpretation Sign for Civilian Conservation Corps Barracks at Rotary Park. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Sixteen (16) members of the audience and media were present. Councilmember Derasary moved to approve the minutes of July 22, July 26, and July 29, 2016 minutes as written. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Under Citizens to be Heard, Bill Topper spoke on behalf of Dave McClean and Citizens Community Collaboration (www.sees.com website). Mr. Topper followed up on an email invitation he sent to City Council regarding the September 19, 2016 visit from Ogden, Utah Council members. Mr. Topper stated that the presentation will be four August 23, 2016 Page 2 of 9 PRESENTATION BY BLM REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Agenda Page 6 of 168 parts with input from the Moab City Council, a tour on the morning of September 19, 2016 followed by a luncheon and a formal presentation. Kelly Green commented on the revisions to the Procurement Policy and feels it is good language, commended Council on that. Mr. Green noted concern on the requirements for businesses providing employee housing and stated that he feels it may have a negative outcome and cautions the Council on requiring businesses to provide employee housing. Councilmember Ershadi moved to approve a Special Event License for the Grand County High School 2016 Homecoming Parade to be held September 16, 2016. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Bailey moved to approve a Park Use Permit and a Special Event License for Recovery Day to be held on September 17, 2016 at the Center Street Ballfield. Councilmember Derasary seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Jones Approval of Permits for Moab Craggin Classic to be held on October 28 and 29, 2016 at the Center Street Ballfield as follows: 1) Approval of Park Use Permit; 2) Approval of Special Business Event License; 3) Approval of Special Event Beer License; 4) Granting of Local Consent for a Single Event Liquor Permit. Councilmember Derasary seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Ershadi moved to approve Proposed Ordinance #2016- 09 - An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab located at Approximately 400 East and Raspberry Lane. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Derasary moved to approve Awarding the 2016 Downtown Plan Project to CRSA Planning in the amount of $28,988.00 August 23, 2016 Page 3 of 9 APPROVAL OF SPECIAL EVENT LICENSE FOR GRAND COUNTY HIGH SCHOOL HOMECOMING PARADE APPROVAL OF PERMITS FOR RECOVERY DAY APPROVAL OF PERMITS FOR MOAB CRAGGIN APPROVAL OF ORDINANCE #2016-09 APPROVAL OF DOWNTOWN PLAN Agenda Page 7 of 168 Councilmember Knuteson-Boyd seconded the motion. Councilmember Ershadi asked withy CRSA Planning being the lowest bid would we be getting what the City wants. City Manager Davidson explained that this was actually a Request For Proposal (RFP) and not a bid. Councilmember Ershadi stated that she hopes there will be enough public input. Community Services Director Weiser explained that the committee liked the CRSA proposal because CRSA puts together groups and panels of stakeholders as well as community forums for input. Councilmember Jones asked if there is enough budgeted. Community Services Director Weiser replied that as long as CRSA is sticking to the plan and scope then we should be fine. Community Services Director Weiser mentioned the committee would come back to council if necessary. Councilmember Ershadi asked how the stakeholders are determined. Community Services Director Weiser explained that the Executive Team would include staff, a Planning Commission member as well as a City Councilmember. Community Services Director Weiser mentioned that CRSA will reach out to the community as well as the City identifying key businesses along that street. Councilmember Ershadi asked if the Chamber of Commerce had weighed in on this plan. City Manager Davidson mentioned that Jodie Hugentobler, the Chamber of Commerce Director will be part of the team. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Under First Reading and Consideration of Proposed Ordinance #2016- 05, an Ordinance to Amend the Home Occupation Regulations in Moab August 23, 2016 Page 4 of 9 FIRST READING OF PROPOSED ORDINANCE # 2016-05 Agenda Page 8 of 168 Municipal Code Section 17.09.540, Home Occupations, and the Business Licensing Section, MMC 5.80.010, Home occupation permits, by Repealing the Home Inspection and Clarifying Existing Text, as Referred to the City Council by the Planning Commission, City Planner Reinhart explained striving to remove inspections from code for Home Occupancy Permits and instead have a floor plan of exactly where the business would conducted in the home. Councilmember Derasary asked if a woodworking type businesses would still need some sort of inspection possibly for fire hazards. City Planner Reinhart stated he is unsure if the Fire Department would require those. Councilmember Ershadi stated she is still unclear as to what type of business is or is not allowed and that may prohibit economic opportunities. Councilmember Ershadi suggested getting examples from other places, for example distinctions and levels, daycare being one, so a layperson can understand what is allowed or is not. Councilmember Jones mentioned a duplication of wording in enforcement areas. Community Services Director Weiser explained that the duplication is due to there being different areas of code one being permitting and another being land development sections. Mayor Sakrison mentioned that there will be a second reading of these changes at a future Council Meeting. Councilmember Derasary asked City Planner Reinhart for a list of common home occupancy businesses. City Planner Reinhart stated that he will produce a list for the Council. Under Discussion Regarding Draft Purchasing Policy Revision Councilmember Derasary mentioned that small purchases changed from $7,000.00 to $10,000.00 as well as changes in all thresholds and is wondering why. City Manager Davidson stated that she had requested the $10,000.00 August 23, 2016 Page 5 of 9 DISCUSSION REGARDING PURCHASING POLICY REVISION Agenda Page 9 of 168 change and she had asked the City Attorney to review other agencies as to their criteria and that the value of items has increased over time. City Manager Davidson also mentioned doing more outsourcing for items like more sewer connections and as items come up we can process things like that more quickly and get those processes through. City Manager Davidson mentioned how we are going to change how we operate. Councilmember Ershadi suggested changing domestic partner to housemate so it is less neutral but factual. Councilmember Bailey asked as an example if a rooming house would need to declare everyone living there. Councilmember Ershadi replied yes that it would be prudent to do that and asked if that is a problem. Councilmember Bailey replied that he feels it depends on the number of people and that he thinks that it would be over restrictive. Councilmember Bailey asked how often Disclosure Statements would be required. City Recorder/Assistant City Manager Stenta stated that it would be once a year or at any time that something new needs to be disclosed. Councilmember Ershadi stated that she feels it is better to err on the side of disclosing than not disclosing. Councilmember Bailey commented that he feels that it would be too intrusive into people's private lives. Councilmember Jones commented that he thinks it would be less intrusive than domestic partner because it does not disclose an economic interest or benefit. Councilmember Ershadi commented that if people living in the same household may have a mingling of finances and disclosure may prevent public speculation. Councilmember Bailey reiterated it would be too intrusive into people's lives. August 23, 2016 Page 6 of 9 Agenda Page 10 of 168 Councilmember Derasary suggested that the council decide what the priority is. Councilmember Derasary stated that the public suggestions have been that if any City employees have any economic ties that there is an obligation to disclose. Councilmember Ershadi suggested checking with the attorney on potential liability. Mayor Sakrison questioned why it matters, if there is a conflict you have to just disclose it. Councilmember Ershadi mentioned changing to household member instead of Domestic Partner. Councilmembers Ershadi and Jones stated that they support replacing Domestic Partner with Household Member. Councilmember Derasary asked what would need to be disclosed if spouses are separated. Councilmember Derasary also supports attorney reviewing and giving advice. Councilmembers Ershadi, Jones and Derasary would like advice from the attorney. Under Administrative Reports, City Manager Davidson reviewed the parameters of the 1982 agreement with Spanish Valley then gave an overview of the January 2016 Memorandum of Understanding. City Manager Davidson then outlined aspects of the proposed agreement as well as an overview of the upcoming process for agreement discussion. City Manager Davidson distributed a written report. In Mayor and Council Reports, Councilmember Jones reported that he attended a Solid Waste District Meeting and mentioned that the cardboard baler is now working and that the district is waiting for a State permit for composting. Mayor Sakrison reported the he and City Manager Davidson attended a Short Term Rental meeting with the Utah League of Cities and Towns. Mayor Sakrison also met with the Department of Environmental Quality August 23, 2016 Page 7 of 9 ADMINISTRATIVE REPORTS MAYOR AND COUNCIL REPORTS Agenda Page 11 of 168 and had a good meeting. Mayor Sakrison mentioned an article in the Huffington Post that reported Moab being the most "hippy" city in the state. Mayor Sakrison commented on attempting to fly out of Moab on Boutique Airlines. Councilmember Ershadi mentioned attorney services to be discussed at another time. There was no Correspondence to be read. There was no Public Outreach Report given. Councilmember Derasary moved to approve payment of bills against the City in the amount of $145,289.42. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Bailey moved to enter Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual at 8:47 pm. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. Councilmember Bailey moved to close Executive Session at 9:05 pm. Councilmember Ershadi seconded the motion.. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Derasary voting aye. The meeting was adjourned at 9:05 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder August 23, 2016 Page 8 of 9 READING OF CORRESPONDENCE PUBLIC OUTREACH REPORT APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED ADJOURNMENT Agenda Page 12 of 168 MOAB CITY COUNCIL REGULAR MEETING September 12, 2016 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. Mayor David Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Services Director Amy Weiser, City Parks, Recreation and Trails Director Tif Miller and City Engineer Phillip Bowman. Grand County Community Director Zacharia Levine presented updated information on Assured Housing. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Ten (10) members of the audience and media were present. Edith Sage of BEACON After School Program thanked the City of Moab for their participation in a recent grant. Ms. Sage informed the Council that BEACON has been around for twelve years and serves a large population of our students. Ms. Sage stated that BEACON appreciates the support from the City and are looking for opportunities to work in collaboration with the Recreation Department. Ms. Sage also reminded the Council that October 26, 2016 is the Lights On Event. There were no minutes to approve. There were no Citizens to Be Heard. Councilmember Derasary moved to approve Private Property Vendor License for Quesadilla Moabilla Located at 89 North Main Street. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and September 12, 2016 Page 1 of 9 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP PRESENTATION ON ASSURED HOUSING PRESENTATION FROM BEACON AFTER SCHOOL PROGRAM APPROVAL OF MINUTES CITIZENS TO BE HEARD APPROVAL OF A PRIVATE PROPERTY VENDOR LICENSE FOR QUESIDILLA MOABILLA Page 13 of 168 Derasary voting aye. Councilmember Bailey moved to approve Local Consent for a Single Event Permit for Moab Investments / Club Rio for Moab Pride Festival located at 156 N 100 W. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Bailey moved to approve a Request by BEACON After School Program for Special Use of Sun Court and Moonstone Gallery to Conduct the 2016 Moab Science Festival on September 24, 2016. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Jones moved to approve the Award of the Downtown Plan Proposal in the amount of $28,988.00 to CRSA Planning. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Jones moved to approve Change Order #1 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Derasary moved to approve a Purchasing Exception to Parr, Brown, Gee and Loveless in an amount not to exceed $33,928.38. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Bailey moved to approve Proposed Ordinance #2016-05 to Amend the Home Occupation Regulations in Moab Municipal Code Section 17.09.540, Home Occupations, and the Business Licensing Section, MMC 5.80.010, Home occupation permits, by Repealing the Home Inspection and Clarifying Existing Text, as Referred to the City Council by the Planning Commission. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. September 12, 2016 Page 2 of 9 APPROVAL OF LOCAL CONSENT FOR A SINGLE EVENT PERMIT APPROVAL OF SPECIAL USE FOR SUN COURT AWARD OF DOWNTOWN PLAN APPROVAL OF CHANGE ORDER #1 FOR SANITARY SEWER REHABILITATION PROJECT APPROVAL OF PURCHASING EXCEPTION APPROVAL OF PROPOSED ORDINANCE #2016-05 Page 14 of 168 Councilmember Derasary moved to approve Proposed Ordinance #2016-10 — An Ordinance to Amend City Ordinance # 2014-07 That Adopts The Building Codes And Amendments Currently Adopted By The State Under Utah State Rule 156-56 of the Utah Uniform Building Standards Act. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Under First Reading of Proposed Ordinance #2016-12 — An Ordinance Amending the City Municipal Code, Sections 12.20.005 and 12.20.030 and Adding Section 12.20.060 by Amending and Defining Restricted Park Uses Parks, Recreation and Trails Director Miller spoke about issues with motorized vehicles on and in the City Park System. Although there are signs stating no motorized vehicles there is not an ordinance to enforce it. Councilmember Bailey asked if there is an issue with vehicles in the parks. Parks, Recreation and Trails Director Miller stated that there is more of an issue on the pathway. Councilmember Derasary mentioned that this includes E-bikes and also asked if the area will include the path from 500 West to Lions Park. Parks, Recreation and Trails Director Miller replied that it does not include that area at this time. Councilmember Jones asked in the Mill Creek Parkway and the 500 West to Lions Park Path are part of the City Park System. Parks, Recreation and Trails Director Miller stated that the Mill Creek Parkway is a part of the Park System but is unsure of the 500 West to Lions Park Path. Council requested more information for the Second Reading of Proposed Ordinance #2016-12 — An Ordinance Amending the City Municipal Code, Sections 12.20.005 and 12.20.030 and Adding Section 12.20.060 by Amending and Defining Restricted Park Uses September 12, 2016 Page 3 of 9 APPROVAL OF PROPOSED ORDINANCE #2016-10 FIRST READING OF PROPOSED ORDINANCE #2016-12 Page 15 of 168 Under First Reading of Proposed Ordinance #2016-13 — An Ordinance Amending City Procurement Procedures, Enacting Certain Ethics Provisions, and Providing for Disclosure of Transactions in which City Employees or Officials may have a Personal Interest, City Manager Davidson reported that City Attorney McAnany would be at the next meeting to go over the Proposed Ordinance #2016-13. City Recorder/Assistant City Manager Rachel Stenta reviewed some of the changes made to the Proposed Ordinance #2016-13 by City Attorney McAnany. Councilmember Derasary mentioned that the portions of the proposed ordinance that mentions business relationships may need to be expanded. Councilmember Knuteson-Boyd stated that she feels that portions of the proposed ordinance are intrusive and that she feels it is getting into people personal business. Councilmember Knuteson-Boyd also mentioned needing definitions of some terms including a relative. Councilmember Ershadi mentioned other disclosure statements that she has signed disclosures that state anyone to which you have a significant tie. Councilmember Knuteson-Boyd mentioned that she would like some of the terminology changed, but does not have a problem with employees signing a disclosure Statement. Councilmember Jones stated that he feels there should be a broader range of relationships and he agrees with some of local attorney Christina Sloan's suggestions. Councilmember Derasary questioned the difference between competitive and written proposals. City Recorder/Assistant City Manager Stenta explained that a competitive proposal would be putting out to a formal bid, advertising and soliciting through a public process versus written proposals may be for situations where the City would need to procure written proposals directly from vendors. September 12, 2016 Page 4 of 9 FIRST READING OF PROPOSED ORDINANCE #2016--13 Page 16 of 168 Councilmember Jones discussed changing the section concerning providers to allow five providers including locals for proposals. Councilmember Bailey asked for clarification of the Purchasing Agent. Councilmember Derasary asked for a definition of Pre -Qualified Bidders. Mayor Sakrison suggested Council review the comments made by City Attorney McAnany and come back with more suggestions at Second Reading of Proposed Ordinance #2016-13. Community Services Director Amy Weiser presented Council with the 2015 Housing Goals and Housing Policies and Strategies as well as presenting Park City's policies. Councilmember Ershadi mentioned that the goals and policies and strategies are in line with the Assured Housing Policy. Community Services Director Amy Weiser informed the council of Planning Commission's wish for direction from the Council to move forward with the Housing Plan. Councilmember Derasary requested to have Park City's examples sent to Councilmembers as well as discussing it at the September 22, 2016 Workshop. Councilmember Jones suggested bringing in a Transportation Component. City Manager Davidson presented an updated draft of the Sewer Agreement which included comments about Pre -Treatment. City Manager Davidson reported that she went over some changes to the agreement with David Church and she hopes to have those changes back tomorrow. City Manager Davidson discussed finalizing the impact fee study and final Equivalent Residential Unit (ERU) list from the district. City Manager Davidson hopes to have the agreement finished by Friday or Monday at the latest. September 12, 2016 Page 5 of 9 DISCUSSION AND POSSIBLE ACTION ON AFFORDABLE HOUSING GOALS AND POLICIES DISCUSSION AND POSSIBLE ACTION ON SEWER AGREEMENT Page 17 of 168 Councilmember Derasary suggested some change in language for the layperson to easily understand. Councilmember Bailey informed the Council that the District has already given out several hundred "will serve" permits for new construction. City Manager Davidson mentioned that the more accurate we are with connections the better we may pay back the loan. Councilmember Jones asked how negotiations were going with the Spanish Valley District. City Manager Davidson reported that the Spanish Valley group is very willing to work and get to the bottom of things, they have been working on language which is the last thing besides determining Equivalent Residential Units (ERU). Mayor Sakrison mentioned it looks very promising and hopes the board is satisfied and votes in favor. Mayor Sakrison also mentioned how the City has never dictated to the District. Councilmember Derasary mentioned consistency across the Districts for treatment of wastewater. City Manager Davidson stated there will be consistency between the users, all will have the same standards. Councilmember Derasary moved to approve sending a Permanent Community Impact Fund Board Application for the Utah State University Infrastructure Project to Public Hearing on September 27, 2016. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. Councilmember Bailey moved to approve sending a Permanent Community Impact Fund Board Application for the Water Tank Project to Public Hearing on September 27, 2016. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Knuteson-Boyd, Jones and Derasary voting aye. September 12, 2016 Page 6 of 9 REQUEST TO SEND CIB APPLICATION FOR USU PROJECT TO PUBLIC HEARING REQUEST TO SEND CIB APPLICATION FOR WATER TANK TO PUBLIC HEARING Page 18 of 168 Councilmember Bailey spoke of the Council's concerns about the direction the Public Works Director positions. Councilmember Bailey mentioned the cost of two positions as well as the extension of one of the application deadlines. City Manager Davidson reported that both positions are now closed and that she had reviewed the applications over the weekend. City Manager Davidson reported that she has chosen people for interviews and there will be four people interviewed in each category. Councilmember Bailey questioned how after six months without a director how is the department functioning without anyone in that position. City Manager Davidson stated that the department is getting along with help from City Engineer Bowman and City Parks, Recreation and Trails Director Miller, as well as she is meeting with each group once a week. Councilmember Bailey asked if the Public Works Department employees are getting daily direction and guidance and evaluations. City Manager Davidson repeated that she meets with each group once a week for a staff meeting and reviews the ongoing issues. Councilmember Ershadi appreciates everyone's hard work and glad there are now enough applicants to move forward. Councilmember Knuteson-Boyd empathized how difficult it can be to get good applicants and the need for filling the position with good people. Councilmember Jones asked about results of the Salary Survey to see if the salary offered is competitive. City Recorder/Assistant City Manager Rachel Stenta reported that there should be some results from the Salary Survey by the end of the week. In Mayor and Council Reports, Councilmember Jones reported that the Throttle Down Committee has distributed information to hotels as well as yard signs. Councilmember Jones also attended the recent Housing Task Force Committee meeting. September 12, 2016 Page 7 of 9 DISCUSSION AND POSSIBLE ACTION ON PUBLIC WORKS DIRECTOR POSITION MAYOR AND COUNCIL REPORTS Page 19 of 168 Mayor Sakrison reported the he attended the Recreation Summit in Ogden Utah and will attend another Recreation Summit here in Moab on October 4, 2016. Mayor Sakrison also mentioned meeting briefly with the Chief Executive Officer of Tread Lightly. Councilmember Ershadi mentioned looking forward to Monday, September 19, 2016 when she will attend the Critical Public Presentation enhancing a Livable Moab: Lessons We Can Learn from Ogden, Utah. Councilmember Ershadi also suggested the Council purchase their tickets to Dancing With the Stars. Councilmember Derasary reported attending a meeting in Green River, Utah regarding the Tailings with officials from Nevada, California to work on Federal Funding. There was no Correspondence to be read. A written Administrative Report was distributed. There was no Public Outreach Report given. Councilmember Derasary moved to approve payment of bills against the City in the amount of $691,659.58. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Knuteson-Boyd, Ershadi, Jones and Derasary voting aye. Councilmember Bailey moved to enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual at 8:45 pm. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Knuteson- Boyd, Ershadi, Jones and Derasary voting aye. Councilmember Bailey moved to close Executive Session at 10:55 pm. Councilmember Derasary seconded the motion.. The motion carried 5- 0 aye, with Councilmembers Knuteson-Boyd, Bailey, Ershadi, Jones and Derasary voting aye. The meeting was adjourned at 10:55 PM. September 12, 2016 Page 8 of 9 READING OF CORRESPONDENCE ADMINISTRATIVE REPORT PUBLIC OUTREACH REPORT APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED ADJOURNMENT Page 20 of 168 APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder September 12, 2016 Page 9 of 9 Page 21 of 168 MOAB CITY COUNCIL REGULAR MEETING September 27, 2016 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. Mayor David Sakrison called the Pre -Council Workshop to order at 6:58 PM. In attendance were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Services Director Amy Weiser, City Police Lieutenant Steve Ross, City Parks, Recreation and Trails Director Tif Miller, Public Works Administrative Assistant LeighAnne Reinhart, City Attorney Chris McAnany and City Engineer Phillip Bowman. In Pre Council Workshop a discussion was held regarding Sewer Agreement with Spanish Valley Water and Sewer Improvement District. Councilmember Bailey mentioned that the agreement is complete just waiting for Final Approval with the District and ERUs are still being reviewed. Councilmember Ershadi requested clarification on if the City will require more restrictions on Pre -Treatment than the Department of Water Quality requires. Mayor Sakrison reported that the Department of Water Quality's approval is next. Councilmember Jones inquired about the requirements for grease -traps within the City. Engineer Bowman explained that the grease -traps with in the City are used more for the Sanitary Sewer than for Waste Water Treatment. Engineer Bowman also explained that pre-treatment is still being discussed and worked out. September 27, 2016 Page 1 of 12 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP Agenda I Page 22 of 168 During Pre -Council Workshop Departmental Updates were given. Under Community Services Update, Community Services Director Weiser reported that the Planning and Zoning Office will be closed on Wednesday, Thursday and Friday, October 5 through 7, 2016, from 3:00 PM to 5:00 PM due to staff attending conferences and previous obligations. Community Services Director Weiser informed the Council that they will soon be seeing the Planned Affordable Development Ordinance (PAD) again. City Attorney McAnany will be coming back to the City within a month with an update. Community Services Director Weiser mentioned scheduling another Joint Planning Commission/City Council Meeting sometime in November. Community Services Director Weiser mentioned the department will be working on revamping the for Subdivision and Site Plan submittals. Under Engineering Department Update, City Engineer Bowman updated the Council on filling vacancies in his department as well as working on the Sewer Agreement, Safe Routes to School Grant and Salary Survey. Under Public Safety Report Police Lieutenant Ross reported that the Police Department is gearing up for the Pride Parade. The Police Department will be promoting public relations with a Coffee with a Cop program. Lieutenant Ross mentioned that Sergeant Edge will be the new Facebook Administrator for the Police Department's Facebook page. Lieutenant Ross also mentioned that there are four permanent vacancies in the Police Department however there is one officer at POST in final testing. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty-two (22) members of the audience and media were present. Councilmember Jones moved to approve the minutes of August 9, 2016 minutes. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. There were no Citizens to be Heard. Mayor Sakrison presented Willow Nichols with the Mayor's Student Citizenship of the Month Award for September 2016 for Helen M. Knight September 27, 2016 Page 2 of 12 REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION OF STUDENT OF THE MONTH Agenda Page 23 of 168 School. Continuing in Departmental updates Under Public Works Department, Administrative Assistant Reinhart reported the Streets Department has been trimming trees along bus routes at the request of the School District; marking sidewalk trip hazards that may be a liability; maintaining weed control in City Rights -of -Way; roadway and pothole patching; street sweeping and working with Special Events including the traffic control set up and breakdown for the Homecoming Parade. Public Works Administrative Assistant Reinhart continued with the Facilities Department report including their weekly maintenance and cleaning and getting ready for winter; constructing a fenced area to house the four wheeler/snowplow and painting the stair rail at City Hall. Public Works Administrative Assistant Reinhart reported that the Parks Department continues to with the daily routine at the City Parks; weed control at the BMX Track, Ball field and other parks; removal of dangerous branches on the trails; fence repair on Millcreek Trail near Hecla Subdivision; stage repair at Old City Park. The Parks Department will be replacing the decking on a bridge at Rotary Park on October 18, 2016, the public will be notified. The Sewer Department has been cleaning sewer lines in the downtown area according to Public Works Administrative Assistant Reinhart. Reported by Public Works Administrative Assistant Reinhart, the Water Department just completed lead and copper testing; replacing old waterlines and meters and has completed the yearly report to the State. Moab City's water system is in compliance with the State of Utah Division of Water Quality. Mayor Sakrison congratulated the Public Works Department on all of their hard work. Under Recreation and Trails Department, Recreation and Trails Director Miller reviewed the events on the current Info Ad and gave an update to the upcoming bridge work. Under Recorder and Human Resources Report, City Recorder/Assistant City Manager Stenta reported on Human Resources with open positions and upcoming interviews scheduled as well as a Deputy Recorder retiring and being replaced internally. City Recorder/Assistant City Manager Stenta reported that the IT Committee had hoped to have a recommendation for Council on hiring a firm, however due to a lot of September 27, 2016 Page 3 of 12 DEPARTMENTAL UPDATES Agenda Page 24 of 168 shifting of priorities and unexpected demands, the committee was not able to finalize their recommendation. City Recorder/Assistant City Manager Stenta distributed a written update. Under Treasurer Report City Treasurer Ross updated the Council with information concerning a new program that more accurately follows water usage as well as the monthly bills being readied to send to users. Mayor Sakrison opened a Public Hearing at 7:17 PM on the following item: Solicitation of Public Input on an Application to the Permanent Community Impact Fund Board for the Utah State University Infrastructure Project. Joe Kingsley commented that this is a turning point in our community and he really appreciates all the effort. Mr. Kingsley addressed some community concerns including housing shortages and mentioned that SITLA is a partner and aggressive in designing housing for on campus population. Councilmember Jones commented that it appears the infrastructure will serve a block of commercial development. Mr. Kinglsey explained that the project will be a phased in program. Mayor Sakrison informed the Council that the total cost of construction would be $2,316,245.00. Approximately $1,000,000.00 will come from Moab City and Grand County with $250,000.00 coming from SITLA. The CIB Application is a request for a 100% Grant. Mayor Sakrison also reported that the application has been vetted by the Association of Governments and will go to the Permanent Community Impact Board by October 3, 2016. Mayor Sakrison mentioned that the infrastructure will be a critical part. Including water, sewer, and roads. Mr. Kinglsey agreed that SITLA is ready to build and has 360 acres. Stephanie Dahlstrom of Utah State university (USU) reported to City Council on progress so far including an item from the CIB Application: September 27, 2016 Page 4 of 12 PUBLIC HEARING OPENED Agenda Page 25 of 168 WHY — Has the applicant investigated other sources of funding for this project and an explanation of why the applicant agency requires financial assistance from CIB. A great deal of time, energy, and money has gone into the design and development of this project. • The full site has been incorporated into the City of Moab; • USU Moab has acquired ownership of a 40-acre parcel (valued at $990,000); • A master plan for the entire site has been developed ($96,510, see Figure 1); • A conceptual design has been created for an initial USU building ($27,838, see Figure 3); • An infrastructure engineering study has been completed by Kimley-Horn ($59,640, Attachment #2); • Multi -year set aside funds have been created by Grand County and the City of Moab (currently totaling $975,000); • Rights of Way have been granted by SITLA and the private property owner. At this point, funding through the CIB will provide a critical mechanism for closing the gap on remaining funding needed to initiate Phase I of this infrastructure development. As detailed in the Kimley-Horn engineering study (see Attachment #2), Phase II of this project will require an additional $468,343. • A dialogue has been established with Patrick Waggoner and Trent Thompson with the Economic Development Administration (EDA) based in Denver and a pre -proposal for this project has been invited and will be submitted in the near future. • Stephanie Cecil with USDA Rural Development has provided guidance and contacts that will allow us to submit funding proposals to the USDA for additional project support. Mayor Sakrison concluded with how much teamwork has gone into this project. Mayor Sakrison closed the Public Hearing at 7:29 PM. Councilmember Ershadi moved to approve a Special Business Event License for Plein Air from October 1 - 8, 2016 located at the Moab Arts and Recreation Center (MARC) at 111 East and 100 North. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to approve a Class II Beer License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S Main St., Suite #8. Councilmember Knuteson-Boyd seconded the motion The September 27, 2016 Page 5 of 12 CLOSE PUBLIC HEARING APPROVAL OF SPECIAL BUSINESS EVENT LICENSE FOR PLEIN AIR APPROVAL OF CLASS II BEER LICENSE Agenda Page 26 of 168 motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to approve Granting of Local Consent for a Limited Service Restaurant Liquor License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S. Main St., Suite #8. Councilmember Ershadi seconded the motion The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Bailey moved to approve the Confirmation of Steve Ross as Acting Chief of Police. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Ershadi inquired of Mayor Sakrison as to his reason for appointing Lieutenant Ross. Mayor Sakrison explained that Lieutenant Ross is the most qualified and second in command in the Police Department. Councilmember Ershadi moved to approve a Sanitary Sewer Agreement for Moonflower Market. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Knuteson-Boyd moved to approve Change Order #2 and #3 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to approve Proposed Ordinance #2016-12 — An Ordinance Amending the City Municipal Code, Sections 12.20.005 and 12.20.030 and Adding Section 12.20.060 by Amending and Defining Restricted Park Uses. Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones asked if the definition of Slacklines needed to be changed. Councilmember Ershadi asked if slacklining will still be allowed in September 27, 2016 Page 6 of 12 GRANTING OF LOCAL CONSENT APPOINTING OF ACTING POLICE CHIEF APPROVAL OF SANITARY SEWER AGREEMENT FOR MOONFLOWER MARKET APPROVAL OF CHANGE ORDER #2 and #3 WITH LANCE EXCAVATING, INC. SECOND READING AND APPROVAL OF PROPOSED ORDINANCE #2016-12 Agenda Page 27 of 168 designated areas. Recreation, Trails and Parks Director Miller informed Council that slacklining will still be allowed in designated areas and if the Council wishes to change the wording he could do so. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Bailey moved to Approve Proposed Ordinance #2016- 13 — An Ordinance Amending City Procurement Procedures, Enacting Certain Ethics Provisions, and Providing for Disclosure of Transactions in which City Employees or Officials may have a Personal Interest. Councilmember Knuteson-Boyd seconded the motion. City Attorney McAnany reviewed changes to the ordinance. Councilmember Ershadi asked where in code is states that the City Recorder is the Purchasing Agent. City Attorney McAnany read code section 2.28.010, explaining that City Council can change the code by Resolution. Councilmember Jones asked if suggestion that were made concerning an official with a parent/child relationship disclosure had been omitted. City Attorney McAnany explained that he felt that the suggestion had been covered in other wordings within the changes. City Attorney McAnany mentioned if the Council would like to go to a third reading they certainly can. He also mentioned that he did not receive mandate from Council to add Christina Sloan's comments to the ordinance. Councilmembers Ershadi and Jones asked for a definition of ExParte. Councilmember Ershadi moved to table Proposed Ordinance #2016-13 — An Ordinance Amending City Procurement Procedures, Enacting Certain Ethics Provisions, and Providing for Disclosure of Transactions in which City Employees or Officials may have a Personal Interest. Councilmember Jones seconded the motion. September 27, 2016 Page 7 of 12 SECOND READING AND MOTION TO APPROVE PROPOSED ORDINANCE # 2016-13 MOTION TO TABLE PROPOSED ORDINANCE # 2016-13, APPROVED Agenda Page 28 of 168 The motion carried 3-1 aye, with Councilmembers Ershadi, Jones and Knuteson-Boyd voting aye and Councilmember Bailey voting nay. Councilmember Bailey moved to approve a Sewer Agreement with Spanish Valley Water and Sewer Improvement District subject to Final Approval. Councilmember Knuteson-Boyd seconded the motion. Mayor Sakrison introduced Art Wallenweber the new manager at Spanish Valley Water and Sewer Improvement District. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to Approve Proposed Resolution #24-2016 — A Resolution to Accept the Street, Waterline, Sanitary Sewer System Improvements and Releasing the Warranty Assurance Funds for Said Public Improvements in Deer Trail Subdivision. Councilmember Knuteson-Boyd seconded the motion. Planning Director Reinhart explained to council that all improvements have been made. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Bailey moved to approve the Request to Send Proposed Ordinance #2016-11 - An Ordinance Approving the Annexation of 8.77 Acres for the City of Moab Waste Water Treatment Plants on Properties Located along the Western Extension of 400 North Street Right -of -Way to Public Hearing. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Bailey moved to Rescind Previously Adopted Resolution #11-2016 — A Resolution Amending the Personnel Policies and Procedures Manual which Revised Section 7.25 - Statutory Appointees - by Removing the Public Works Director Position. Councilmember Knuteson-Boyd seconded the motion. Councilmember Bailey mentioned that he feels rescinding the resolution may help move things along faster and taking it back to one director makes more sense. September 27, 2016 Page 8of12 DISCUSSION AND POSSIBLE APPROVAL OF SEWER AGREEMENT WITH SVWSD APPROVAL OF PROPOSED RESOLUTION #24-2016 REQUEST TO SEND PROPOSED ORDINANCE #2016-11 TO PUBLIC HEARING MOTION TO RESCIND RESOLUTION # 11-2016, APPROVED Agenda Page 29 of 168 Councilmember Ershadi agreed that it may make things go faster but is not sure that it would equal quality. Mayor Sakrison mentioned that he had extensive discussion with the Public Works Employees and reported that those employees feel only one supervisor would be needed. Councilmember Ershadi discussed why the Public Works Director was split into two separate positions. Mayor Sakrison explained that there may not be that much work as previously discussed. Councilmember Jones asked why the position is an appointment. City Recorder/Assistant City Manager Stenta explained the position has been recruited for and is going through the regular employment process. City Attorney McAnany explained that the Mayor and Council could appoint anyone at any time and he feels that the Council has chosen wisely to have people actually apply and go through the employment process. Councilmember Jones inquired that if a City Manager was hired for their Public Works experience how are we behind in infrastructure assessment and would a new Public Works Director have the skills to assess infrastructure. Councilmember Knuteson-Boyd asked how many Department Heads are under a Public Works Director. City Recorder/Assistant City Manager Stenta answered there are six (6) Department Heads under the Public Works Director. Councilmember Ershadi mentioned that she would like to gather department heads and others to discuss this topic more. Councilmember Jones asked where we are with the Salary Survey. September 27, 2016 Page 9 of 12 Agenda Page 30 of 168 City Recorder/Assistant City Manager Stenta replied that since she has taken on more duties as Acting City Manager that the Salary Survey is on hold but almost complete. Councilmember Bailey questioned whether we need one or two people to fill the position. Councilmember Ershadi mentioned she does not feel comfortable making a decision on her own or feeling a decision should not be made in haste. Councilmember Knuteson-Boyd stated she does not think the decision is being made in haste. Councilmember Bailey asked how many people will be in the Engineering Department. City Engineer Bowman listed the number of people to possibly still be hired in his department. Councilmember Bailey suggested to hold the interviews as planned and then decide. The motion carried 3-2 aye, with Councilmembers Bailey and Knuteson- Boyd voting aye, Councilmembers Jones and Ershadi voting nay and Mayor Sakrison breaking the tie by voting aye. Councilmember Bailey moved to approve an application to the Permanent Community Impact Fund Board for the Utah State University Infrastructure Project. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Under Mayor and Council Reports, Councilmember Jones reported that he attended the Utah League of City and Towns Conference as well as a meeting in Park City. Councilmember Jones reported the Throttle Down Committee met and there will now be rack cards available in town. Councilmember Knuteson-Boyd mentioned attending the City Staff September 27, 2016 Page 10of12 APPROVAL OF CIB APLLICATION FOR USU MAYOR AND COUNCIL REPORTS Agenda Page 31 of 168 Meeting about Employee Assistance Program (EAP) with Councilmember Jones and spoke to employees concerning how professional they all have been and how appreciative council is. Councilmember Ershadi reported she had an impromptu meeting with BioRegional Planning Students and also attended Dancing With the Stars. Mayor Sakrison revisited the Acting Police Chief conversation to inform council that he has asked Acting Chief Ross to submit a Job Description for review so the position can be advertised. The job description will be reviewed by Council prior to posting. There was no correspondence to be read. There was no Administrative Report given. A Report on City/County Cooperation was not given. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $355,081.38. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to enter an Executive Session at 8:35 PM for the purpose of An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Ershadi moved to close the Executive Session at 10:32 PM. Councilmember Bailey seconded the motion. The motion carried 4- 0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Councilmember Jones moved to table the reconsideration of the approval of a Purchasing Exception to Parr, Brown, Gee and Loveless in the amount not to exceed $33,928.38. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. September 27, 2016 Page 11of12 READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED RECONSIDERATION OF PURCHASING EXCEPTION, TABLED Agenda Page 32 of 168 Under Request for Authorization of Interim Employment Attorney Services Council requested updates on a regular basis and directed staff to stay the same course for Interim employment Attorney Services. Councilmember Bailey moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. The meeting was adjourned at 10:40 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder September 27, 2016 Page 12 of 12 REQUEST FOR AUTHORIZATION INTERIM EMPLOYMENT ATTORNEY SERVICES ADJOURNMENT Agenda Page 33 of 168 MOAB CITY COUNCIL SPECIAL MEETING September 30, 2016 The Moab City Council held a Special Meeting on the above date in the Moab City Council Chambers, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Special Meeting to order at 12:00 AM. In attendance were Mayor David Sakrison, City Councilmembers Heila Ershadi, Kyle Bailey, Kalen Jones and Tawney Knuteson-Boyd. Also in attendance were Deputy City Recorder Danielle Guerrero. Fourty-four (44) members of the audience and media were present. Councilmember Bailey moved to terminate the employment contract of the City Manager, Rebecca B. Davidson, effective immediately and state that the termination shall be without cause under the terms of the contract section 5. Councilmember Knuteson-Boyd seconded the motion. Councilmember Ershadi stated that she knows this item will need to be voted on in the future but that she would like to wait until she had more information. Councilmember Ershadi stated that she knew there had been some investigation and wants to make sure we are proceeding in a way that will not put the City at risk. The motion carried 3-1 aye by roll -call -vote with Councilmembers Bailey, Jones and Knuteson-Boyd voting aye and Councilmember Ershadi voting nay. Councilmember Bailey moved to adjourn the special meeting. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 12:02 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder September 30, 2016 SPECIAL MEETING & ATTENDANCE CITY MANAGER CONTRACT TERMINATION APPROVED ADJOURNMENT Agenda Page 34 of 168 City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435)259-D6DD Memorandum To: Members of the Moab Planning Commission and City Council From: Jeff Reinhart, AICP, Planner Date: August 18, 2016 Re: WWTP Annexation Review Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd PL-16-127 Background The City of Moab is proposing an annexation of 8.81 acres located at the westernmost extension of W 400 North Street (1007 West 400 North and 400 North Stewart Lane). The exhibit below shows the properties proposed for annexation and indicates the existing development. The future 400 North right- ' City of Moab 2,2' R�VJ Wr- - Grand County WWTP Annexation Vicinity TownsT i,25 South, Range 21 East, Section 35 14' ROW Width North of Section Line 14.2' ROW Width _Timor 400 North of Section LneF. -- Township 26 South, Range 21 East, Section 2 0 50 100 200 Feet 1 inch = 100 feel Legend Friet ng RigM1t�ar-wey Propmed won-F Anexeinn i._.3t awn city ❑.. Llvn .1{, Paiwls 18' Row Width of -way is bisecting the parcels. Agenda Page 35 of 168 ANNEXATION MAP NOAB CITY, GRAND COUNTY, IITAH Address/Lot size: Parcel at 1007 West 400 North 5.00 acres Parcel at 400 N Stewart Lane 3.81 Total 8.81 acres The annexation plat below shows the lot configuration and the right-of-way alignment of 400 North. EXHIBIT #2 1' nmVA 045f MO [ARUM o ANNEXATION PLAT 488 NORTH STEWART LANE MOAB, UT 84582 1 e veu LEGAL DESCRIPTION FOR THE ANNEXATION: A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of Section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence East 2.29 feet; thence South 440.0 feet; thence South 89°54' West 501.29 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00" East 95.00 feet; thence North 10.00 feet; thence East 120.00 feet; thence South 9.81 feet; thence North 89°54'00" East 211.81 feet; thence South 175.00 feet; thence North 89°54'00" East 107.89 feet; thence South 163.00 feet; thence North 89°54'00" East 250.30 feet along the section line to the point of beginning. Contains 383,602 sq. ft. OR 8.81 acres Agenda Page 36 of 168 Current Zoning: Both parcels have a county zoning designated of RR, Rural Residential, which allows residential uses on a 1 acre minimum lot size. Requested Zoning: The City is requesting that a zoning designation of 1-1, Industrial Zone, be applied to the property south of 400 North in preparation for development of the lot with the modern waste water treatment plant and RA-1 to the lot with the existing plant. The allowed uses are listed in the use table below (b). Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Waste Water Treatment Plant Annexation and requires that each annexation be evaluated against several factors listed below. a. Compliance with Appropriate Provisions of State Code Applicable state code provisions have been reviewed and staff has determined that the annexation complies with the relevant requirements, including but not limited to the following: • The annexation must be contiguous to Moab City Limits. o The properties are adjacent to City Limits. • The annexation must maintain contiguity through the entire area to be annexed. o The contiguity is in place. • The annexation must not create islands or peninsulas of unincorporated county land. o No islands or peninsulas will be formed by this annexation. • The annexation must be initiated by a petition that meets all state requirements. o The petition has been certified by the City Recorder to meet all state requirements. • The annexation must be included in the City's adopted Annexation Area. o The properties are well within the Annexation Area Boundary (in yellow) as indicated on the exhibit below. The following exhibit shows the boundaries of the Annexation Area Boundary as adopted by City Council. Agenda Page 37 of 168 Established by the Annexation Policy Plan Map in MMC Chapter 1.32 r General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) 4,turrent City Limits Ownership Parcels i 6 6.5 1 1 inch equals 0.5 miles Ni I=_s Agenda Page 38 of 168 b) Proposed Land Uses The following table indicates the types of uses allowed for each zone. A-2 Agricultural Zone (17.18.020) 1-1 Zone -City (17.36.020) Agriculture Manufacturing, compounding, processing, packaging, fabrication and warehousing of goods and materials, The raising, care and keeping of animals and fowl in unlimited numbers, (except for hogs in numbers exceeding twenty-five head) Asphalt and concrete mixing plants Barns, corrals, pens, coops and feed storage buildings for the keeping of animals and fowl and the storage of farm products (located one hundred fifty feet from the street) Coal yards One -family dwellings and buildings accessory thereto (when located on a 5- acre lot) Earthmoving equipment and equipment storage Home occupations Gas and oil wells, gas and oil storage facilities Retail and wholesale businesses principally supplying agricultural enterprise with feed, seed, fertilizer, equipment, and similar items Public buildings and public utility buildings Vegetable and fruit packing and processing plants Craft shops Farm machinery storage sheds Tire recapping establishments Fur farms Automobile wrecking and salvage yards, Plant nurseries Mines Animal hospitals Accessory signs Rest homes subject to approval of the county health department and the State Welfare Department Gravel pits Public parks and playgrounds, hunting and fishing reserves, wildlife sanctuaries and arboretums Sand pits, clay pits Residential subdivisions in which all lots contain over five acres of land Rock quarries PUDs approved by the planning commission and city council. (Max. Density= 1 du/per five acres) Rock crushers and buildings and structures in connection therewith Kennels Scenic railroads and railroad maintenance yards Riding academies Agriculture Beehives Farm machinery storage sheds Fisheries Self -serve warehouse storage facilities Fences, walls and hedges Vegetable and fruit packing and processing plants Water reservoirs, ponds, dams, water pumping plants and pipelines, water facilities Dams, pumping plants, power plants, Temporary buildings and yards for the storage of construction materials and equipment (incidental and accessory to construction of uses otherwise permitted in the zone) Water wells transmission lines, substations Utility transmission lines Schools, churches, monasteries and similar institutions Livestock raising Cemeteries, public and private, (subject to the laws of the state, when approved by the appeal authority) Cafes Agenda Page 39 of 168 Accessory advertising signs not exceeding fifteen square feet in area, provided such sign is maintained in good repair, also nameplates not exceeding two hundred twenty-six square inches in area; Caretaker dwelling (with a maximum footprint of eight hundred square feet when associated with a nonresidential use) Golf courses containing at least ten acres. A golf club house may be permitted when part of a permitted golf course containing at least forty-five acres of land Fitness center or gymnasium Public utility buildings and structures (except power plants) Retail commercial uses Flood control structures Accessory buildings and parking lots incidental and accessory to other permitted uses Sewage treatment plants (subject to review and approval of the State Department of Health) Sewage treatment plants (subject to review and approval of the State Division of Health) Solid waste disposal sites c) The Assessed Valuation of the Properties Property Current Use Area Total acres Valuation 400 N Stewart Lane WWTP 3.81 ac 8.81 N/A 1007 W 400 N Undeveloped 5.0 ac 50,660.00 d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City currently provides water and sewer facilities to one of the parcels and will include the newly developed waste water treatment plant in the system once it has been constructed. Water: Water service is currently provided by the City. The City will pay to extend water lines into the annexed property. All design and installation of water distribution systems are approved by the public works and engineering departments and the city will own, manage, repair and maintain water service facilities. Sanitary Sewer: Sewer service to the site is currently provided by the City and will be extended to the undeveloped annexed property. The City will own, manage, repair and maintain the sewer service systems. Onsite Roads: The City will be responsible for the development of W400 North and Stewart Lane. The streets are required to comply with the construction design standards for construction of public improvements. Once constructed, the streets will be under the City's authority. Trails: Trails have not been discussed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation No comments have been received at this time. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. The proposed development of the vacant property with the waste water treatment plant will be a benefit to everyone living in and visiting the area. The existing treatment plant has outlived its usefulness and the new plant will provide more efficient service. g) Identification of any Special Districts or County Department Currently Providing Services. • As noted above, the City is currently providing sanitary sewer services to the properties that are included in this annexation. Agenda Page 40 of 168 " Grand County School District is a county -wide district for which there is no contemplated change in level of service or responsibility because of the annexation. There will no residential uses on the property. " Moab Fire Department- This is also a county -wide district and there is no contemplated change in service level or responsibility. " Grand County Hospital Service District -This is a county -wide district and there is no contemplated change in service level or responsibility. " Health department of Southeastern Utah- This is also a county -wide district and there is no contemplated change in service level or responsibility. " Cemetery District- This is a county -wide district and there is no contemplated change in service level or responsibility. " Moab Mosquito Abatement District- This is also a county -wide district and there is no contemplated change in service level or responsibility. " Grand County Library Board- This is also a county -wide district and there is no contemplated change in service level or responsibility. " Solid Waste District- This is a county -wide district and there is no contemplated change in service level or responsibility. " Recreation District- This, too, is a county -wide district and there is no contemplated change in service level or responsibility. h) If an application includes a specific proposal for urban development, an Understanding as to the provision of improvements will be concluded between the city and the applicant. This is not a necessary document since the city is the owner/developer of the property. i) New Annexations should create area in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service difficult or extremely expensive to provide. Utilities are readily available. j. Tax Consequences for Affected Entities. There will be a small effect on the property taxes collected by the county. The parcel was assessed at the agriculture/open space rate (the lowest) but will now be removed from the tax role. Projected Population: Residential uses are not being proposed on the properties. ADDENDUM Utah Code, Effective 5/12/2015 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; Agenda Page 41 of 168 (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (5) The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. Agenda Page 42 of 168 (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)may not deny an annexation petition proposing the annexation of that same area to that municipality. (8) (a) A municipality may not annex an unincorporated area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval. (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation Development Authority may petition for annexation of a project area and contiguous surrounding land to a municipality as if it was the sole private property owner of the project area and surrounding land, if the area to be annexed is entirely contained within the boundaries of a military installation. (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military Installation Development Authority shall provide the military installation with a copy of the petition for annexation. The military installation may object to the petition for annexation within 14 days of receipt of the copy of the annexation petition. If the military installation objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may not petition for the annexation as if it was the sole private property owner. (iii) If any portion of an area annexed under a petition for annexation filed by a Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Moab Municipal Code 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the city hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and Agenda Page 43 of 168 B. The map from the adopted Annexation Policy Plan is attached in the addendum below and includes a description map showing the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service and more readily available for future expansion. C. (1) Criteria for annexation of unincorporated areas include: a. The property is contiguous to the boundaries of the city; b. The property is located within the area projected for the city municipal expansion as noted above; c. The property is not included within the boundaries of another incorporated municipality; d. The annexation is a part of an unincorporated island within the boundaries of the city; e. The property will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. (2) The city will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. Under new provisions in UCA 10-2-418, adopted by the Utah State Legislature and in effect May 5, 2015, a municipality may annex an area if: 1. municipal facilities have been provided to the area for a period of at least one year, 2. the area has fewer than 800 residents, and 3. the county and municipality agree that the area should be included within the municipality. Grand County had no objection to the annexation. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the city, a statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the city is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the city a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the city and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi -jurisdictional problems. Agenda Page 44 of 168 k. The tax consequences for affected entities should be addressed. (3) In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The city's policy is to consider annexation only in those areas where the city has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The city declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the city's boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the city as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the city may exercise its initiative to prepare and adopt a general plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This general plan will define proposed land uses, nature, and density of development desired by the city in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the general plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the city to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly -owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the city, the planning commission may review a proposed annexation and make recommendations to the city council concerning the parcel to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the planning commission is not a requirement for annexation, and approval from the planning commission is not necessary for annexation. g. The city council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the general plan. The city council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the city council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the city code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the city. i. The city may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the city may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the city council after at least fourteen days' notice and public hearing. Annexation policy declarations for individual annexations may be Agenda Page 45 of 168 considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The city was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the city will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The city recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the city. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the city, general government services and public safety service will be provided by the city as the area is annexed and developed. Where feasible and in the public interest to the citizens of the city, public utility services will be provided by the city or through the appropriate utility companies or improvement districts. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the city. A basic network of collector roads presently exists in many of these areas and the city can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the city's policy that all new development in areas requiring service bears the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the city. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The city may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the city in writing, the annexation of real property into the municipal, limits shall not obligate the city to construct or install utilities or other public Agenda Page 46 of 168 infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the city council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the city resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the city will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially -affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 125 East Center Moab, Utah 84532 Grand County School District 264 South 400 East Moab, Utah 84532 Moab Fire Department 45 South 100 East Moab, Utah 84532 Grand Water & Sewer Agency 3025 East Spanish Trail Moab, Utah 84532 259-8121 Grand County Hospital Service District 245 West Williams Way Moab, Utah 84532 Cemetery District P.O. Box 64 Moab, Utah 84532 Moab Mosquito Abatement District P.O. Box 142 Moab, Utah 84532 Grand County Library Board 25 South 100 East Moab, Utah 84532 Solid Waste District P.O. Office Box 980 Moab, Utah 84532 Recreation District P.O. Box 715 Moab, Utah 84532 Grand County Boundary Commission Health Department of Southeastern 125 East Center Utah Moab, Utah 84532 P.O. Box 800 Price, Utah 1.32.030 Annexation policy plan. General plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Agenda Page 47 of 168 Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Agenda Page 48 of 168 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) *arrant City Limits Ownership Parcels 05 1 inch equals 0.5 miles 2 Miles Agenda Page 49 of 168 Agenda Summary City Council Meeting September 27, 2016 Agenda Item PL-18-138 Title: Consideration to Adopt Ordinance #2o16-11 for the Approval of the Annexation of Properties Located at 400 North Stewart Lane and sow West 400 North as Submitted by the City of Moab and a Request of I-1(Industrial) and A-2 (Agricultural) Zoning as Referred to the City Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Staff Background/Summary: The City is proposing to annex two parcels located in unincorporated Grand County at the westernmost extension of the West 400 North right-of-way. The total area of the properties is 8.81 acres or 382,166.5 square feet. One of the parcels is located on the north side of the future right-of-way and is currently developed with the existing waste water treatment plant (3.81 acres). The requested zoning of this lot is A-2, Agricultural. The other lot (5.00 acres), located slightly to the east of the first lot and on the south side of 400 North Street, will be used for the proposed construction of a new waste water treatment facility. The requested zoning is 1-1, Industrial. Both zones allow waste water treatment plants. The area proposed for annexation as described in the attached legal description is not a part of a peninsula or an island and so a petition is required by state statute. The annexation petition includes the right-of-way extension of 400 North Street. Discussion As of May 12, 2015, Utah State Code (10-2-402. Annexation -Limitations) allows annexation of unincorporated properties if: 1. It is a contiguous area with the incorporated city boundary; 2. The parcels are contiguous; 3. The annexation will not leave a peninsula or an island (unless the county and municipality agree); and 4. The area is within the annexing municipality's expansion area. The parcels satisfy the requirements above and are not intended for residential use. All development will satisfy the code for curb, gutter, and paving of streets as well as sidewalks. Some additional information is included in the attached annexation review. Options: City Council can: Agenda Page 50 of 168 1. Agree with the Planning Commission's recommendation and adopt Ordinance #2016-11 and approve the annexation of the described properties and the suggested zoning; 2. Not adopt Ordinance #2016-11 and refuse to annex the properties; 3. Table the ordinance until a later date and request additional information Staff Recommendation: Staff's recommendation is to adopt Ordinance #2016-11 and apply the requested zoning to the specified parcels. Recommended Motion: I move to adopt Ordinance #2016-11 approving the annexation of the described properties of 8.81 acres and approve the requested zoning of 1-1 and A-2. Attachment(s): Draft Ordinance #2016-11 Annexation plat Legal description of the annexation property Aerials Certification of the Annexation Application Agenda Page 51 of 168 ORDINANCE #2016-11 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE WASTE WATER TREATMENT PLANT PROPERTIES ON WEST 400 NORTH TO THE CITY OF MOAB WHEREAS, on July 15, 2016, the Moab governing body received a petition for annexation of certain properties approximately 8.81 acres in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with a waste water treatment plant, a City of Moab municipal facility and future open space; and WHEREAS, the City Recorder on August 10, 2016, 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 August 25, 2016 to review the annexation and the requested zoning for A-2, Agricultural, and I-1, Industrial, Zones and found that the zones are 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 properties known as the "Waste Water Treatment Plant Annexation", as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 1007 West 400 North, and 400 North Stewart Lane, is hereby annexed into the City of Moab and the zoning designation upon recommendation from the Planning Commission for said annexation shall be A-2 and I-1, respectively. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. Agenda Page 52 of 168 PASSED AND APPROVED THIS DAY OF , 2016. ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Agenda Page 53 of 168 EXHIBIT #1 A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence South 440.0 feet; thence South 89°54' West 499.0 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00"East 95.00 feet; thence North 10.00 feet; thence North 89°54'00" East 120.00 feet; thence South 10.00 feet; thence North 90°54'00" East 209.50 feet; thence South 175.00 feet; thence North 89°54'00"East 110.00 feet; thence South 163.00 feet; thence North 89°54'00" East 250.55 feet to the point of beginning. Contains 382,166.5 sq. ft. OR 8.77 acres Agenda Page 54 of 168 Agenda EXHIBIT #2 SOUTHWEST CORNER SECTION 35, T25S, R21E, 44SLB&M — MOAB 21 LLC 01-035-0037 NORTH 10.00' N 89°54'00" E x 9.001)( MOAB 21 LLC 01-035-0037 EAST 120.00' SOUTH (9.81' MOAB CITY 03-035-0048 N 89°54'00" E 211.81' X X X X X ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH MOAB 21 LLC 01-035-0037 N 89°54100" E 107.89' x x x x FOUND REBAR FOUND REBAR S 89°54'00" W 286.00' 40,0 N O RTH„R • W THE NATURE CONSERVANCY GRAPHIC SCALE 50 0 25 50 1" (INCH) = 50 ' (FEET) WILLIAMS 03-002-0087 LEGEND 0 0 xcri MOAB 21 LLC c0 01-035-0037 2 1— SOUTH QUARTER %� CORNER O SECTION 35, T25S, R21E, EAST 2.29' SLB&M (FOUND MONUMENT) N 89°54'00" E 250.30' FOUND REBAR STEWART'LAN MOAB CITY 03-002-0088 S 89°54'00" W 501.29' X X POINT OF X BEGINNING ABBOTT 01-002-0021 SPAH FAMILY Ll 01-002-0022 FOUND REBAR & CAP 0 Edge of Asphalt Fence Line Found Property Corner Section Corner Monument THE NATURE CONSERVANCY FOUND REBAR & CAP Narrative X ANNEXATION DESCRIPTION A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence East 2.29 feet; thence South 440.0 feet; thence South 89°54' West 501.29 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00" East 95.00 feet; thence North 10.00 feet; thence East 120.00 feet; thence South 9.81 feet; thence North 89°54'00" East 211.81 feet; thence South 175.00 feet; thence North 89°54'00" East 107.89 feet; thence South 163.00 feet; thence North 89°54'00" East 250.30 feet along the section line to the point of beginning. Contains 383,602 sq. ft. OR 8.81 acres Lucas Blake License No. 7540504 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST AND THE NORTHWEST QUARTER OF SECTION 2 TOWNSHIP 26 SOUTH, RANGE 21 EAST, The Basis of Bearings is South 89°54'00" West along the section line from the South Quarter corner to the Southwest corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian. The purpose of this survey is to describe an area around existing parcels as part of an Annexation. APPROVED BY MOAB CITY MAYOR CITY RECORDER CITY ENGINEER CITY ATTORNEY APPROVED APPROVED APPROVED APPROVED RED DESE SALT LAKE BASE AND MERIDIAN ANNEXATION PLAT 400 NORTH STEWART LANE MOAB, UT 84532 Land Surveying 4290 Zimmerman Lane Moab, UT 84532 435.260.0104 C Project Date Sheet 047-16 5/9/16 1 OF sieved diusJeum0 sl!Lun }ue.un0 uoi}exeuud d1MM pesodoad pue6ei 1004 001, = you! 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Taal 00Z 001, 00 0 Aiwpm uogexauuv d1M/V1 ,.. eun uo!}oeS 1-11a0N ulp!M MOH ,I71, NOTICE OF PROPOSED ANNEXATION Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex 8.77 acres, more or less, of property located at approximately 400 North Stewart Lane and 1070 West 400 North, and more particularly described as follows: A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence South 440.0 feet; thence South 89°54' West 499.0 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00"East 95.00 feet; thence North 10.00 feet; thence North 89054'00" East 120.00 feet; thence South 10.00 feet; thence North 90°54'00" East 209.50 feet; thence South 175.00 feet; thence North 89°54'00"East 110.00 feet; thence South 163.00 feet; thence North 89°54'00" East 250.55 feet to the point of beginning. Contains 382,166.5 sq. ft. OR 8.77 acres Said petition was received by the Moab City Council on August 9, 2016 and certified by the Moab City Recorder on August 10, 2016 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 iii. 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 cc c a) a) a Page 59 of 168 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 September 12, 2016. Protests may be fled 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 fled with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 10th day of August, 2016. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT August 18, 25 and September 1, 2016. cc c a) a) a Page 60 of 168 slowed dNaieum0 si! nn Alit paisenbay Z-y - d1MM bugsix3 - pa}senbay -I - d1MM pasodoad A uogexeuuy pasodoad pua6ai laal 00£ = you! 1, Taal 009 00E 051. 0 6u!uoz pasodom uogexauuv dIMAA MOAB CITY COUNCIL MEETING October 13, 203.5 Agenda Item #: Click here to enter text. Title: Approval of a Special Event License Application/ Approval of Park use Permit for the Moab Ho Down Bike Festival Fiscal Impact: n/a Staff Presenter(s): Amy Weiser, Community Services Director�� Department: Administration Applicant: Chile Pepper Bike ShoplTracy Reed lY c MOAB � Background/Summary: The Moab Ho -down Festival is on ongoing bicycle festival that consists of several events, including a dirt jump competition, downhill races, and skills clinics. It is a fundraiser for the BMX Bike Park and benefits the park and the community. The festival will be held October 27-30, 2016. This year the applicant is requesting permission for use of the BMX Bike Park only. There were traffic and pedestrian safety concerns after last year's event. The special events committee met and reviewed the application. The committee required several conditions for this year's event, the memo is attached. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of the requested permits subject to the attached conditions memo from the Special Events Committee. Recommended Motions: "I move to approve 2016 Moab Ho Down with staff recommended conditions. Attachment(s): Application materials Special Events Committee - Conditions Memo Page 62 of 168 DATE PAID: AMOUNT PAID: RECEIPT NO.: qQ- f 2� I io lD 155650 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 OFMOAB SPECIAL EVENT FEE: $90.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: • n oGil, 0 4,fuo) n -h v/L/ R / 1I 6, k L (ten (.7 jGEn-, lLu - A /arm — S' p l e s TEMPORARY STRUCTURES TO BE USED OF ANY): �} t DATE(S) AND TIME(S) OF EVENT: r 0 / ,.) --} f O / fff � rrr ANTICIPATED i# OF EVENT PARTICIPANTS: r� py? �c� TeA� llS /t eak fir �t P-rop y PAX" C(Ifci 31A-me 10- EVENT SPONSOR' S NAME: CAA �fz l ice! ,r 9 1 SPONSOR'SADDRESS. 70. CITY: MI. CONTACT'S EMAIL ADDRESS �1-v • Le ice s . err PHONE L/3th$S STATE: /L T ZIP: g (5 z THIS FORM IS AN APPLICATLON 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 LL BE DELAYED. INVE 1 C yame C �X �'/ HEREBY AGREE TO CONDUCT SAIO SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MoAB PLEA E'PFttbri NANEN 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. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE ANO VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. _1 I 'gnat State of Utah County of Grand } ) SS } �l SUBCRIBED AND SWORN to before me this 4 day of NOTARY PUBLIC A- 7delfv- 1/ l z/ (t, Bale zot4 . SEE BACK OF FORM FOR ADDITIONAL. REQUIREMENTS! CANMELLA GALLEY Notify Pubtie Sty of Utah GCNIMl. No. 586544 Mty Comm: Expires Dec 29 '' ' Rev. 3 30 2016 ca O Z31 Q Page 63 of 168 " Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No V 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: /�� r �� : i di��PS`��Y��t ��r S t7-t'4 o ��1C,P.x. F r groups over 100 people, please describe your refuse control and recycling plan: t/ii rPeA v, ()I i p c4-z )t .5,) h S Please describe your clean-up plan during and after the event: [Ai/ l/' elleti-V1 w�� babt. Pi,1 pit ,11,, utz, loAe-1( i-el-1-4S 1 -t- i,Je Ji Please describe your restroom facility plan: r JP-) VRrt4 A ������bjA -��.r lP4 Yc��lee 4OG��rde_ Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: a 1.71 Po, Please specify and describe other community or city facilities that you plan to use: 45in r? Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes 1' 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 per it. Signature of Contact Person:  ( Office Use Only Date" q` f (.0 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: Other Required Permits and Approvals ca a) 81 Q Page 64 of 168 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: 1 VA4- Pt/e Name of Organization an `vent if applicable: (1') P k> .s- �ia� own F'aJ— i Kai Address: ri�i7 S iLtitLin lqutoi & -1 g- `f� Day Phone: 9-3 e7 Email: + 0 r l„ fah, k Ps Proposed Park Usage (reformation Which park to you intend to use? SsnEa ark. Other (please Please indicate the proposed dat9s and times of use: °posed Start Date: I`�` / Start Time: . m rpm ,.Prg osed-�rd- Date: ! DStart Time• )0 am .pm •f�a[ -, Please specify what areas of the park are proposed for use. , i41r-11;v� S 0"1-rr717- a �arri(� - Ap; s , ?t `f tAe `b POcrp7P"c6-dc— indicate name End Time. End Time• of park- iltua`a ,kr qui, —__LLO/pm f qZS- am/E9 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: Nu er of spectators that you expect: ` � Ortit � _ 6,1, Please describe structures, tents, candpis, portable restrooms, etc. that you propose to set up at the park: t r i o x lc) F �r 1 i! tiel l c� � f, t.fry Brit- rr,gireegitL ^ Will amplification be required For your event? Yes Please specify any electrical needs for your event: (� y, ft, footet-t_ Please describe the parking and traffic plan for your event. Lo2ation of parking, signage, traffic control devices, usel4f volunteers, etc. should be described. L-) k ��� k2i1Pf�f — p,{{t�%1Y. (� (�t�) If you anticipate4any strreclosures or ou�event, pST lease describe below, and show on the accornpanyiing � t•�P�� Y diagram. ca a) 81 Q PLEASE COMPLETE OTHER SIDE Ctit* Lk& jvuA n - C7 6-; ks ( • L� Page 65 of 168 J� 1 j r . / . f , City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (4351253-512B Fax (435) 25B-0E00 Memorandum To: Tracy Reed From: Amy Weiser, Special Events Committee/177 Date: September 29, 2016 Re: Moab Ho Down Festival Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Haila Ershadi Kalen Jones Tawny Knuteson-Boyd Tracy - The special events committee met to review your request for the annual Ho Down Festival. There were a few issues/concerns last year with parking, congestion on the street, and pedestrian safety. The committee has requested the following for this year's event 1. There shall be no parking of cars or bikes on the street or in the bike lane of the west side of 500 West. In order to make this clear the committee requests that approximately 15 candlestick barricades be placed along the east side of the bike lane between Bartlett to the north and the bridge to the south. The committee asks that you have a few volunteers on site during the event that will enforce this requirement. 2. If possible please provide bike racks, or designate a roped off area for bike parking, off of the street and the bike lane for people to park their bikes. 3. Two special event barricades shall be used during the event. One to the north and one to the south. 4. Parking is permitted on the east side of 500 West and on the south side of Williams Way. 5. Please provide written confirmation from the Grand Center that you have permission to use their parking lot for the event. Page 1 of 1 ca c a) a1 a Page 67 of 168 Tracy Reed to me Oct 1 {3 days ago} Amy- contacted Verleen at Grand Center - below is her email giving us permission to use the Grand Center as overflow. Thanks, Tracy Forwarded message From: Verleen Striblen <VStriblenCa arandcountvutah.nei> Date: Fri, Sep 30, 2016 at 2:11 PM Subject: RE: Overflow parking on Sunday, October 30th To: Tracy Reed <tracy@chilebikes.com> Hi Tracy, Yes the parking lot is available for you to use as over flow parking for the Fall Bike Festival. Thanks Verleen Striblen Grand Center 182 N 500 W Moab, Utah 84532 435-259-6623 vstriblen@grandcountyutah.net From: Tracy Reed [mailto:tracy@chilebikes.com] Sent: Friday, September 30, 2016 1:50 PM To: Verleen Striblen <VStriblen@grandcountyutah.net> Subject: Overflow parking on Sunday, October 30th Hi Verleen- It is that time of year again, our fall bike festival that benefits the Moab Bike Park on 500 West is happening on Sunday, October 30th. In years past the Grand Center has given pennission for overflow parking. I wanted to get confirmation from you for this year that we can have the overflow parking at the Grand Center. If you could please respond to me via email that this is permitted then I can forward this to the City of Moab for our event permit. Thank you very much, Tracy Reed Shop Owner Chile Pepper Bike Shop 702 S. Main Street Moab, UT 84532 x ww. chilebikes.com `35-259-4688 c� a) a1 Q Page 68 of 168 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 11, 2°16 / Agenda Item #: ]-1 Title: Approval of Change Order #4 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. Fiscal Impact: $34,968.00 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Contractor: Lance Excavating, Inc. (LEI) Background/Summary: Change Order #4 is proposed to add a new work area to the scope of the 2016 Sanitary Sewer Rehabilitation Project. The new work area will include the replacement and upgrade of existing sewer pipe in the general area of Park Drive and Park Avenue near the southwest corner of Swanny Park. Near the intersection of Park Drive and Park Avenue, there is an existing 4" sanitary sewer service line that provides service to two (2) existing homes. This existing service line is located within the City Right -of -Way for Park Drive, and is the maintenance responsibility of the City. The service line is known to be constructed of Orangeburg pipe in very poor condition, and this service line is a high priority for replacement. City maintenance staff have had to spend significant time cleaning this service line in the past year to clear the line of clogs, and it is suspected that the line could be prone to complete collapse and failure causing the need for a more costly emergency repair based on inspection of the line. Based on the condition of this line and the increased time for City maintenance of the line, the Engineering Department has prepared a design for replacement of the 4" line with a new 8" sewer main. A copy of the final design plan is attached for your reference. Lance Excavating, Inc. (LEI) has provided a change order proposal to add this work to the 2016 Sanitary Sewer Rehabilitation Project, and City staff have reviewed the proposed cost with LEI. The cost of this work is reasonable and in - line with the bid costs provided on the original project scope. J Agenda Page 69 of 168 The cost for the additional work is itemized on the attached Contract Change Order #4 form and support documentation. The total cost for this change order is $34,968.00, and the total contract amount for the project will now be increased to $543,717.98. In addition, Change Order #4 will add twenty-one (21) days to the contract time for the project, increasing the total amount of time for the project to ninety-five (95) days. Based on this amount of time, all work on the project is anticipated to be complete around the end of October. The increased total contract amount is budgeted in Fiscal Year 2017 as part of the "Sewer Line Replacements" project in the Sewer Enterprise Fund Capital Projects Budget. There are no budget adjustments required as a result of Change Order #4. Options: The Council may approve, approve with conditions, deny, or postpone the items. Staff Recommendation: Staff recommends approval of Change Order #4. Recommended Motions: "I move to approve Change Order #4 for the 2016 Sanitary Sewer Improvements project with Lance Excavating, Inc. in the amount of $34,968." Attachments: Park Drive Service Replacement Plan Contract Change Order #4 form and support documentation Agenda Page 70 of 168 NOTES 1. ALL LATERALS WITH 'ORANGEBURG." PIPE ARE TO BE REPACED TO THE CURD & GUTTER LINE OR PROPERTY LINE. 2- LATERALS SPECIFIED ON DRAWING ARE TO BE REPLACED AT LEAST TO PROPERTY UNE. ADDITIONAL REPLACEMENT MAY BE REQUIRED PER THE ENGINEER 3. ALL EXISTING UTILITY CROSSING LOCATIONS AND ELEVATIONS ARE ESTIMATED. CONTRACTOR IS RESPONSIBLE FOR ALL UTILITY RELOCATIONS REQUIRED TO COMPLETE THE WORK 4014 4012 4010 4008 4006 4004 4014 40f2 4010 400E 4006 4004 �002 4000 13993 399fi 3994 �� STA; .(OF5 :�6a EIS--INV : N33999.32 - WES}01V OUT-3999.22 2" ELEPH 3NE-1 INSTALL SSMH 634 CROW SI FI [+3+.4U -400 01 INS TA❑y+p3p�5p0n RTA: 033 F:0.00 ]IA:I�+4,1v RI Urh: A: 400 IM:4 F1CT �27� 2 4 INV IAL 1Cga 17 tAS WFGT INV INV 14: OI IF- 39992. 1993 74_ ' 2' FIBER R OPTIC SOUTH NOR 11I INV IN:3998.07 INV 3UT.3:313.07 rar wN 14.; {- 34 4.40 a 3R 3/4' F VC C4 LS AR I WA R -� - - :ROwN STA. ELEV 1,- 4 a 3s _� �, I002 1000 5993 3996 3944 4" 5_WER �ETI'STINC i WA1.V. SFA• [+33.RR CU NANT xR 1E1 _ r _ OWN ELEV:3�19- 64 IVIIIIiihr ..-__._________ -, PVC O 0.44% 0A5 2' POLY 0LASTr: GAS 1 - �- 2" STA- FIRER 2+44AO OPTIC) EXISTNG 8' SEWER 3/4" P[LY PLASTIC " rOLY •TA: 2•+23,9 PLAS-RC OIR3 CROWN E_EV:31,98.70 3 CROWN A. Or45.47 ELEV: 3996-31 rROWN STA: PI I+De,y3. PIP 3414764 uNuwn tLtV:3999'3Z pPLY vLAsS{C'LAa 1 q3'3 f-P.G Ovu004'[ STA nTER-I 1+6••.66 _STA. CROWN ELE 14: 39 GE .04 L-HCFNI'I EWV:3903.a 0+00 1+00 0+50 INSTALL SSMH #33_ 5TA: O+00.OD OFF:0.00 RIM: 4032.74 EAST INV IN:3998.17 SOUTH INV IN: 399B O 7__ NORTH. INV-OU T: 4993107 i J 1+50 2+00 4. STA INSTALL.40 �4pF:p�0p0 w 1 5 EAST N iH; 3p9/?1 WEST INV OUT:3998.74 D05T. Or. WATER R V ❑ O ca i a BY 1}CRIP710N OHO WARNING 1 t 1F THIS 9AR DOES NOT SCALE 1 INCH THEN DRAWING IS NOT TO SCALE NOTED I 2+50 EX. CLEANOUT DRAWING SCALE DRAWING SCALE 1'= 40' HOR2 3+00 CITY OF MOAB ENGINEERING DEPARTMENT 217 E CENTER ST SUITE 220 1AOAB. UTAH B4532 (QS) 269-4941 me¢Dc074,1 SAM q03p sTlp I O+ac ato-ra7 Mu NV 174.391E77 9DU1H INV 0l314•07 NORTH INV 00E3190.07 dd, SSMH #34 STA: 1+44.30 OFF:0.00 RIM. 4002.92 EAST INV IN: 3998.76 WEST INV OUT:399374 lfis. L'• SSMH #33 4DIA MANHOLE SSMH #34 4' DIA MANHOLE -`14SST NOTE- MATCH 01 REDUCER 'N-0. WYE CROWNS A SSN4 OE STA 2.44E2 OFF; O. co R 1.1 t003.22 EAST .NV IN:3994,32 INV O11T; 3999.22 8" WYE W/ 4X8 REDUCER FOR USE AT LATERAL CONNECTIONS INSTALL SSMH 415 _ STA: 2+64.62RIM:40O3.22 °FE: DM A." 1 EAST HV IN:3999.32 WEST INV OUT:3999-22 10. OF 8` SOR-35 PVC O 0.50X - CAP_ D 4" SEWER LATERAL STA: 2+57t SEE NOTE 2 JO'•-`."EXISr2 GA 168 PROJECT NAME 400 NORTH AND MIVIDA SANITARY SEWER REHABILITATION 4 DIA MANIHO_E rl M.• Z NO WMAN ; -2 202: k' LiWart %_� r .0 •� f�`yittitill lrinIIIII1I1110' IMPROVED SHEET DESCRIPTION 4004---��-� G 0 SCALE FEET PARK DRIVE SERVICE REPLACEMENT 9103 SHEET PP- I SHEET 1 CIF 1 DOCUMENT 009900 CONTRACT CHANGE ORDER Project: City of Moab — 2016 Sanitary Sewer Improvements Project Location: Moab Utah Change Order No.: 4 To: Lance Excavating, Inc. 10/5/2016 You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of Changes, Quantities, Units, Unit Prices, Change in Completion Schedule, etc. Decrease In Contract Price Increase In Contract Price C.O.4 PARK DRIVE SEWER REPLACEMENT (PER ATTACHED SUMMARY) $34,968.00 Change in contract price due to this Change Order: $0.00 $34,968.00 Total Decrease $0.00 Total Increase $34,968.00 Difference between Col. 3 & 4 $0.00 $34,968.00 Net (increase) (decrease) $0.00 $34,968.00 The sum of $ 34,968.00 is hereby added to the total contract price and the total adjusted contract price to date thereby is $ 543,717.98 . The time provided for completion of the contract is increased by 21 days. The total adjusted time provided for completion ❑f the contract is now 95 days. This Document shall become an amendment to the contract & all provisions of the contract will apply hereto. Requested by: Accepted by: Approved by: Attested by Contractor Date fa /5/7.49/ ,6 Phillip M. Bowman, City Engineer Date David L. Sakrison, Mayor Date Rachel E. Stenta, City Recorder Date ca tv 81 Q Page 72 of 168 Change Order#4 2106 Sanitary Sewer Rehabilitation Project Park Drive Sewer Replacement —Total Cost = $34,968.00 1. Three manholes and 267 lineal feet of 8-inch PVC sewer pipe are to be installed in Park Drive in order to improve service to 187 and 199 Park Drive. Culinary water lines are to be re -fitted and run under sanitary sewer at crossings. a. 48-inch Manholes: three (3) @ $3,500.00 each = $10,500.00 b. 8-inch PVC sewer pipe: 267 LF @ $44.00/LF = $11,748.00 c. Relocate culinary water lines, including fitting, lowering, and pipe: two (2) crossings @ $1,000.00 each = $2,000.00 d. Repair curb and gutter: 40 LF @ $25/LF = $1,000.00 e. Repair sidewalk: 220 sq. ft. @ $6.00/sq. ft. ($600.00 minimum) _ $1,320.00 f. Asphalt repair: 1,400 sq. ft. @ $6.00/sq. ft. _ $8,400.00 Contractor Date 714 r0/s/2-0r6 City EngineDate ca a) a1 Q Page 73 of 168 Sheriff Steven White Chief Deputy sKERrr.F Darrel Mecham Emergency Manager Rick M. Bailey September 29, 2016 fiY'�p coG4, C9 - _ : -t ti ,ipp.s 0 - OFFICE OF THE GRAND COUNTY SHERIFF EMERGENCY MANAGEMENT Rachel Stenta City Recorder and Acting City Manager City of Moab 217 East Center Street Moab, Utah 84532 RE: Grand County Jail and Dispatch Remodel Project Request for waiver of building inspection fees Dear Ms. Stenta: ]ail Commander Veronica Bullock Grand County is preparing to do a major remodel of the County's Jail and Dispatch Center. We are requesting the City of Moab consider waiving the building inspection fees that been calculated to be $10,538.77. I have enclosed a copy of the building permit application for your reference. If this needs to be placed on the City Council Agenda, would you please notify me so I can be in attendance. I can be contacted by email at rbailey@grandcountysheriff.org or at (435) 459-0768. I thank you in advance for your consideration of this important matter in reference to this most important project for Grand County. Sin ,Agaf--P\ l Rick M. Bailey Project Man CC: Grand County Officials Architect Officials Contractor Officials Attachment: Building Permit Application Agenda Sheriff's Office Address 25 S 100 E Moab, UT 84532 Phone (435) 259-8115 Fax (435) 259-8651 ess: 125 East Center St. Moab, UT 84532 Pa9(Ph3664 5)259-4321 Fax (435)259-1364 updated 05/07/2014 ee El rlectrunrc Plans Submitted BUILDING PERMIT APPLICATION CITY OF MOAB! GRANO COUNTY, UTAH SL1:1fvlIT l'f+yt`!* ° all•dl?TRUCTION DOCUMENTS TC • .l H. ST • MOAB, LIT i} S.32 CALL 435-Z594134 TO SCHEDULE INSPECTIONS ❑ COmt heck Emailec ❑ NEScheck kmalled OcadCa,cs Emaded Building 12. Last Center Street Address Receipt Date Permit Number Issued Number Assessor's ;from OWNER ,..0Name a v Ir a- Parcel N 01-B l8-0002 site plan, BUILDER In No 111 Yes • Ifyps,':»„VrNu'„tr, CCrti#it'arirnt Fultt7 attachi:ri Grand County ❑ City Ei County ❑Residential Building SF O Castle Valley li Commercial 3K,347 Building Luau State R GRA valuation $ 1,098,530.44 fees 5 7,942 59 Mail Address 115 Last Center Street Rough Basement Sr Plan Check Fees 5 1, 26C 26C bU 00 City/StategiP Moab, Utah 84532 Finish Basement SF 3,179 Impact Fee S Email rhailey(t?grandeountysheriff,org Covered Patio/DeckST Statel%Fee 5 7943 Phone (433) 587-3223 Garage/Carport SF 8ft' (interred pIaR Review $ CL o re z 0 `-r 4 z ." Name Hogan uC Associates Construction, Inc. Type of Construction [HI investigation 5 Mail Address 9,10 North i 250 West, Centerville, Utah 8.1014 Occupancy Group 3iS-2;1-3 Demo 5 Phone (801) 951-7000 Coll Number of Building; I Plan Review Deposit 5 794 26 Email mhogan@hoganconstruction.com Number of Dwellings as a $ tt Utah StateContraor'sLicensclf 31Ct293-SSOE Number of P twin PermFloodit FeeDev, 5 Utah Municipality Business license q Numberot Bedrooms U 5 = 0 oPhone u V .. G uJ W Name Lyle Northern Electric, Inc. Number of Bathrooms Reinspection Fee 5 Mall Address 61 West 300 North, Blanding, Utah 84511 max Occupancy Load 39B TOTAL FEES 5 (.435) 678-2415 Cell Fire Sprinider NI Yes 0tic TOTAL FEES DUE 5 10,53. 77 Email jcfr{ inCICCE1TC.net BRIEF DESCRIPTION OF BUILDING PROJECT Utah State Contractor's License!, 245632-5501 Utah Municipality Business license 4 o nPhone u w i 3 a Name Redd 1VIechanical, Inc CULINARY WATER El Well III utility Mail Address I012 South .3110 West, Blanding, Utah 84511 SEsAtAGE Cl5epticTank ■Server ❑Other (435) 678-2500 Cc II rIQODPLAIN STATUS Elevation Certification Email javan(uireddmeehanical.corn r FIRE DEPARTMENT tc tt r Approved by Dale Utah State Contractor's License 4 3090320-55D 1 Utah Municipality Business License A FLOODPLAIN PERMIT Approved by Date GName * ~ Q ,1 u a v Redd Mechanical, lot:. mail Address 1012 South 300 West, Blanding, Utah 84511 MOAB CITY ENGINEER and MOAB CITY PUBLIC WORKS Approved by Date Approved by Date ✓hone (435) 678-2500 Cell email javan@reddntcehanical.cont GRAND WATER AND SEWER SERVICE AGENCY Approved by Date Utah Slate Contractor's Licensee 3090320-5501 Utah Municipality Business License n LIST ALL ADDITIONAL CONTRACTORS/ARCHITECTS/ ENGINEERS ON THE BACK OF THIS of Improvement/Kind of Construction ❑ SiKn ❑ Build ❑au model ❑Addition ❑ Repair ❑ Move ❑ Convert Use Q FORM ZONING ADMINISTRATION Approved by Date Approved by bate Type HEALTH DEPARTMENT 'lppro.rd,3Y Dale Demolish BUILDING DEPARTMENT Approved o•; Date Numbe-of olf-street parking snacesr 0 Covered 42 Uncovered Minimum Se backs in Feet i hereby atkrowledge that hair read this annlrcaBan ann state that the above ii correct and ,r,,r,_e to comply with all City sod/or County Ordinances and State of Utah taws regulating b,a'd nv eonstruam, runirg, and sanitation. Front Side Side Real tjoi LF5 /L jyd Date q3 /S--- /vP ZONE Site Plan 111Submttted ❑ r'1/A Signature of Permittee/owner "� l v�,-4 '1- NOTE 24 HOURS NOTICE IS REQUIRED FOR ALL INSPECTIONS Signature of contractor:,- - —�� -- _ z r Agenda Page 75 of 168 BUILDING PERMIT APPLICATION CITY OF MOAB / GRAND COUNTY, UTAH LIST ALL ADDITIONAL CONTRACTORS/ARCHITECTS/ENGINEERS ON THIS PAGE Contractor Type CONCRETE Contractor Type ARCHITECT Name Hogan & Associates Construction, Inc. Name Arohiplex Group Mail Address 940 North 1250 West, Centerville, Utah 84014 Mall Address 255 Crossroad Square, Salt Lake City, Utah 84115 Phone (801) 951-7000 Cell Phone (801) 961-7070 Cell Email mhogan@hoganconstruction.com Email Utah State Contractor's Ucense # 31623-5501 Utah State Contractor's License # Utah Municipality Business License # Utah Munklpality Business License # Contractor Type INSULATION Contractor Type STRUCTURAL ENGINEER Name United Subcontractors, Inc. Name BHB Consulting Engineers Mall Address 895 West 2600 South, Salt Lake City, Utah 84119 Mail Address 2766 South Main Street, Salt Lake City. Utah 84115 Phone (801) 972-3737 Cell Phone (801) 355-5656 Cell Email Email Utah State Contractor's Ucense # 369003-5501 Utah State Contractor's Ucense # Utah Municipality Business License # Utah Municipality Business License # Contractor Type DEMOLITION Contractor Type MECHANICAL ENGINEER Name TID Inc. Name WHW Engineering Mail Address 870 W. Robinson Drive Suite A, North SL, UT 84054 Mail Address 8619 Sandy Parkway Suite 101, Sandy, Utah 84070 Phone 936-1007 Cell Phone (801) 521-8007 Cell Email Email Utah State Contractor's Ucense # 320922-5501 Utah State Contractor's Ucense # Utah Municipality Business License # Utah Municipality Business License # Contractor Type STUCCO Contractor Type ELECTRICAL ENGINEER Name Duane Hales & Sons Inc. Name Spectrum Engineers Mail Address 817 South 580 East, Spanish Fork, Utah 84660 Mall Address 324 S. State Street Unit 400, Salt Lake City, UT 8401 Phone (801) 367-6700 Cell Phone (970) 247-1705 Cell Email Email Utah State Contractor's Ucense # 239011-5501 Utah State Contractor's License # Utah Municipality Business License # Utah Municipality Business License It Contractor Type MASONRY Contractor Type CIVIL ENGINEER Name Duane Hales & Sons Inc. Name Goff Engineering & Surveying Mail Address 817 South 580 East, Spanish Fork, Utah 84660 Mail Address 126 Rock Point Drive Suite A, Durango, CO 81301 Phone (801) 367-6700 Cell Phone Cell Email Email Utah State Contractor's License # 239011-5501 Utah State Contractor's License # Utah Municipality Business License # Utah Municipalfty Business License it Contractor Type PAINT Contractor Type DETENTION EQUIPMENT Name Hegemann Paint Co., Inc. Name CML Security Mail Address Po Box 536, Midvale, UTah 84047 Mall Address 400 Young Court, Erie, CO 80516 Phone (801) 253-1997 Cell Phone (720) 466-3650 Cell Email hegpaint@hotmail.com Email Utah State Contractor's Ucense # 373466-5501 Utah State Contractor's License it Utah Municipality Business Ucense # Utah Municipality Business Ucense # Agenda Page 76 of 168 CITY OF MOAB ORDINANCE NO.2016 13 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. Members of the public requested that the City change its ordinances to provide greater transparency with respect to purchasing decisions by City officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 070 and enacts the following: Chapter 2.28 Purchasing Procedures 2.28.010 Purpose. The purpose of this Chapter is to ensure integrity in the procurement process by assuring that purchases are conducted in an open and competitive manner. Additionally, this Chapter is intended to establish standards of conduct for City employees and officials, and avoid conflicts of interest in procurement decision making. 2.28.020 Definitions. The following definitions apply to this Chapter. A. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. B. "Debarment' means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Interest' means a pecuniary, monetary, or other material benefit which may accrueirtg to a City official or employee as a result of any business, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of: 1 Formatted: Centered, Indent: First line: 0" Agenda Page 77 of 168 1. a spouse, sibling, child (whether natural or adoptive and regardless of age), er-parent/grandparent,; aunt/uncle, niece/nephew, or first cousin; 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or 4. a business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. F. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. G. "Non -Responsive" means a proposal or bid from a venderperson which does not conform to the published requirements for a procurement as to such terms as; quantity;; scope of services;; price;; quality;; time of submittal or performance;; or other material requirements established by the Purchasing Agent. H. "Official' means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. I. "Prequalification" means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. "Pr urcmcnt" mean the r e s f c ntracting f r c nstructi n, g s, services, equipment, r pers nal r perty y the City pursuant t csta lishc purchasing procedures. J. "Procurement' means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. "Pre ualificati n" means a screening r cess whereby pers ns wh may wish t enter int 'a c ntract with the City arc evaluated f r eligibility ursuant t a sct f criteria a lishcd by the Purchasing Agent. 3K. "Procurement Threshold" as used in Section 090 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 030, 040, and 050 in this Chapter. "Purchasing Agent' m ans the person tasked with administering thi, Chapter, as specified from time to time. Unless otherwise designated by the City Council. the Purchasing Agent shall be the Recorder. by the City Manager. ILL. "Proposal' means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or 2 Agenda Page 78 of 168 other criteria. "Rcc rdcr" mcans the City Rcc rdcr as app intcd pursuant t MMC Chapter 2.12 r the Deputy Rcc rdcr, wh may pelf rm th se functi ns in the Rcc rdcr's absence. M. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. " g ds, serviceks, r b th which is submitted c nfidcntially and cried publicly at a time s ccificd y the City in its invitati n f r ids. A scaled id res n s t the ctailcd spccificati ns utlinod in the City's invitati n f r bids and is the ffcr f the pus n submitting the bid t enter int a c ntract in acc rdancc with its terms. N. "Purchasing Order" means a document issued by the Purchasing Agent whereby the City undertakes to purchase goods, services, or other property from an outside vendor or provider by specifying the types, quantities, price, and other material terms. O. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. "Pr urcmcnt Thresh ld" as used in Sccti n 9 f this Cha to means the d llar limits n urchasing and the ass iatc urch sing r e ures, as sct f rth in Sccti ns 030, 040, and 050 in this Chapter. P. "Sealed Bid" means a written statement by a person to provide . oods services or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. "Pr sal" means a written statement by a pers n t r vide g s, services, r th having a value f n m rc than fifty th usand d llars which is su mittcd in res se t a City re uest f r r sals. A r sal may c ntain terms ther than rice and include details as t : experience; uality; suitability f r intended urp scs; scheduling r m nner 2.28.020030 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. The Purchasing Agent shall be designated by the City Manager. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. 2.28.030040 Purchasing Authority- Small Purchases. Upon the request of any department head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of less than ten thousand 3 Formatted: Indent: First line: 0.5" Agenda Page 79 of 168 dollars (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor. 2.28.040050 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed ten thousand dollars, but which is not to exceed fifty thousand dollars, the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.050060 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 040050, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; erand 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.060070 Essential Public Works Projects. For Pprocurements involving Essential Public Works projects and having a cost in excess of ten thousand dollars but not exceeding fifty thousand dollars, the Purchasing Agent and City Manager may waive the competitive proposals requirement, provided that the Purchasing &Agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.070080 Competitive -Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars the Purchasing Agent shall solicit competitive sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, financial strength, er-past performance, or the like, have the capability to perform. A. Procurements subject to competitive sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability and performance of the vendor. 4 Agenda Page 80 of 168 The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.059090 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars. For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (within 5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.090100 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Where programmatic or repeated procurements, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal year. The fiscal year dollar limit so -defined shall determine which procurement process applies. 2.28.480110 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with the other procedures of thisis Chapter. B. State Approved Contracts. Pursuant to U.C.A. § 11-13-201 the City is authorized to enter into joint purchasing arrangements with other governmental entities. Where 5 Agenda Page 81 of 168 the State of Utah or the National Joint Powers Alliance (NJPA) have has established a -standard procurement contracts for state agencies which isare available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms established by the State of Utah or NJPA. City departments are encouraged to utilize sState of Utah or NJPA procurements where practicablcappropriate. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2i) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; and extensions of existing contracts. E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 2.28.110120 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properly payable items. The City Council shall review the Purchasing Agent's certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City. 2.28.120130 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an Interest, as defined by this Chapter, in any entity or person who maintains a contract, or who anticipates entering into a contract or similar business relationship with the City, shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any 6 Agenda Page 82 of 168 decision or action pertaining to that related person, business, or contract, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D. No Disclosure of ed Confidential Information Pertaining to City Contracts. No City employee or official, with respect to any contract or transaction which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose confidential information concerning the transaction, any actions of the City, or otherwise use such information to benefit the employee or official, or others. E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Securing Special Privileges f-rem for Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. G. Disclosure of Persons and Businesses Doing Business with the City. The identity of persons and businesses doing business, or maintaining contracts, with the City is public information which is subject to disclosure pursuant to requests under the Government Records Access and Management Act. 2.28.130140 Remedies. Except as otherwise provided in Sections 4-80190 and 4-9200 (pertaining to contractor debarment), the sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. 2.28.140150 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. 7 Agenda Page 83 of 168 A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars. B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts, unless alternative security is authorized pursuant to this Chapter. C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. Where the City elects to waive or alter bonding requirements, the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. -1-E. In every contract where there is a modification of bonding requirements, the City is authorized to: il) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 42) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or iii3) alter retainage disbursements. 2.28.150160, Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.440170 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.170180 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City; as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.4-80190 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 8 Agenda Page 84 of 168 1. conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2. failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3. failure to perform any bid or proposal made to the City of Moab; 4. engaging in any acts which are a violation of this Chapter; 5. unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6. any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: 11) reject debarment;112) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 1113) issue a partial debarment order limiting, for example, the types of work, er-total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.41200 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: 9 Agenda Page 85 of 168 i il) presume that the decision is valid; and 42) determine only whether or not the decision is arbitrary, capricious, or illegal. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Attest: Date Rachel Stenta, Recorder Date 10 Agenda Page 86 of 168 CITY OF MOAB ORDINANCE NO.2016-13 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. Members of the public requested that the City change its ordinances to provide greater transparency with respect to purchasing decisions by City officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 070 and enacts the following: Chapter 2.28 Purchasing Procedures 2.28.010 Purpose. The purpose of this Chapter is to ensure integrity in the procurement process by assuring that purchases are conducted in an open and competitive manner. Additionally, this Chapter is intended to establish standards of conduct for City employees and officials, and avoid conflicts of interest in procurement decision making. 2.28.020 Definitions. The following definitions apply to this Chapter. A. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. B. "Debarment" means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Interest" means a pecuniary, monetary, or other material benefit which may accrue to a City official or City employee as a result of any business, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of: 1. a spouse, sibling, child (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; Agenda Page 87 of 168 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or 4. a business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. F. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. G. "Non -Responsive" means a proposal or bid from a person which does not conform to the published requirements for a procurement as to such terms as: quantity; scope of services; price; quality; time of submittal or performance; or other material requirements established by the Purchasing Agent. H. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. I. "Prequalification" means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. J. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. K. "Procurement Threshold" as used in Section 090 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 030, 040, and 050 in this Chapter. L. "Proposal" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. M. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. N. "Purchasing Order" means a document issued by the Purchasing Agent whereby the City undertakes to purchase goods, services, or other property from an outside vendor or provider by specifying the types, quantities, price, and other material terms. O. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. Agenda Page 88 of 168 P. "Sealed Bid" means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. 2.28.030 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. 2.28.040 Purchasing Authority- Small Purchases. Upon the request of any department head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of less than ten thousand dollars (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor. 2.28.050 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed ten thousand dollars, but which is not to exceed fifty thousand dollars, the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.060 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 050, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; and 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.070 Essential Public Works Projects. For procurements involving Essential Public Works and having a cost in excess of ten thousand dollars but not exceeding fifty thousand dollars, the Purchasing Agent and City Manager may waive the competitive proposals requirement, provided that the Purchasing Agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. Agenda Page 89 of 168 2.28.080 Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars the Purchasing Agent shall solicit sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, financial strength, past performance, or the like, have the capability to perform. A. Procurements subject to sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.090 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars. For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (within 5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.100 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. Agenda Page 90 of 168 A. Where programmatic or repeated procurements, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal year. The fiscal year dollar limit so -defined shall determine which procurement process applies. 2.28.110 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with the other procedures of this Chapter. B. State Approved Contracts. Pursuant to U.C.A. § 11-13-201 the City is authorized to enter into joint purchasing arrangements with other governmental entities. Where the State of Utah or the National Join Powers Alliance (NJPA) have established standard procurement contracts for state agencies which are available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms established by the State of Utah or the NJPA. City departments are encouraged to utilize State of Utah or NJPA procurements where appropriate. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; and extensions of existing contracts. E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. Agenda Page 91 of 168 2.28.120 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properly payable items. The City Council shall review the Purchasing Agent's certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City. 2.28.130 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an Interest, as defined by this Chapter, in any entity or person who maintains a contract, or who anticipates entering into a contract or similar business relationship with the City, shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any decision or action pertaining to that related person, business, or contract, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D. No Disclosure of Confidential Information Pertaining to City Contracts. No City employee or official, with respect to any contract or transaction which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose confidential information concerning the transaction, any actions of the City, or otherwise use such information to benefit the employee or official, or others. E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Securing Special Privileges for Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. G. Disclosure of Persons and Businesses Doing Business with the City. The identity of persons and businesses doing business, or maintaining contracts, with the City is public information which is subject to disclosure pursuant to the procedures of -the Government Records Access and Management Act. Agenda 1 Page 92 of 168 2.28.140 Remedies. Except as otherwise provided in Sections 190 and 200 (pertaining to contractor debarment), the sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. 2.28.150 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars. B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts, unless alternative security is authorized pursuant to this Chapter. C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. Where the City elects to waive or alter bonding requirements, the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. E. In every contract where there is a modification of bonding requirements, the City is authorized to: 1) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 2) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or 3) alter retainage disbursements. 2.28.160 Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. Agenda Page 93 of 168 2.28.170 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.180 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.190 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 1. conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2. failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3. failure to perform any bid or proposal made to the City of Moab; 4. engaging in any acts which are a violation of this Chapter; 5. unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6. any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. Agenda Page 94 of 168 D. Decision. The City Manager may: 1) reject debarment; 2) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 3) issue a partial debarment order limiting, for example, the types of work, total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.200 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: 1) presume that the decision is valid; and 2) determine only whether or not the decision is arbitrary, capricious, or illegal. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date Agenda Page 95 of 168 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 11, 2o16 Agenda Item #: 7-5 Title: Award of the City Hall Roof Mounted Solar Photovoltaic System Project and Approval of Contract Fiscal Impact: $78,800 offset by a 60% Blue Sky grant from Rocky Mountain Power Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Administration Applicant: N/A Background/Summary: In the absence of a Public Works Director, I was asked the beginning of 2015 (as Assistant City Manager) to be the project manager for the expansion of our existing PV system for the City Center. This is being funded by a Blue Sky Grant of $60,000 from Rocky Mountain Power. The project must be completed by December 31, 2016. Hansen Allen and Luce prepared the specifications for the bid and reviewed the proposals. Their recommendation for award is attached and I concur with their recommendation of awarding to Gardner Engineering. We have worked with Gardner on a previous PV project. Options: Approve, Postpone or Deny Staff Recommendation: Recommend Approval Recommended Motion: I move to approve (insert Agenda Item) Attachment(s): Proposal Contract Agenda Page 96 of 168 Project Management PI i'i 3 rotative Energy Services 4" Gardner s _.2 Engineering ca a) 81 Q City of Moab Cit., Ilall— SolirAddition 25.87 kW roof mounted array (o\ September 20, 2016 MOAB CKhCEIVED SEP 202016 ROOF MOUNTED SOLAR PV SYSTEM Moab City Hall Moab, UTAH rrITIT Tr r :4r-r i urrrr,i arri r I14filuf r r . ri• 7 a .-.14.1 if TrfT r F ....+ TI I n rrri i77 F'I'r Engineering Contact: Ken Gardner 801-689-2618 ken@gardner-energy.com Bid/Contracts Contact: Kyle Hartman 801-689-2618 kyle@gardner-energy.com gardner-energy.com 801-689-2618 2047 Painter Ln, West Haven, Utah 84401 age yi o Management Plan REFERENCE CONTACTS Management Plan Project Description eutive Energy Services IAA Gardner Engineering Design and install a roof mounted 25.87 kW turkey solar PV systems at 271 East Center St, Moab UT. The roof mounted PV array will consist of 75, 345 watt Solar World PV panels. The system will be interconnected to the utility grid using a SMA TL inverters. The array will be mounted with SnapNrack Series 100 mount system. The system will be designed structurally to meet requirements for this site. Contact Personal r Main contact design/engineering: • Ken Gardner o. 801.689.2618 c. 801.589.0447 ken@gardner-energy.com Administrative Contact: • Kyle Hartman o. 801.689.2618 c. 801.866.7510 kyle@gardner-energy.com Pre -Construction Our approach to project management highlights the following: • Communication • Planning • Coordination • Teamwork • Follow Through • Thoroughness Gardner Engineering is experienced in all aspects of the pre -construction phases, including the following: Communication — Gardner knows the key to a projects success is in the communication between the owner and contractor. We are committed to effectively communicate at all levels of the project planning to move the project forward toward a successful outcome. Thorough Understanding— Gardner is committed to gaining a full understanding of the projects' specific site requirements, and potential problems, to identify and correct early, making for a smoother construction gardner-energy.com Page 98 of 168 Management Plan REFERENCE CONTACTS e/olive Energy Services , Le Gardner n Engineering process. We are committed to understanding the visions of our clients to design and build a project that will meet and exceed the expectations of our clients. Scheduling — Gardner recognizes that "time is money," and your project must be completed in a timely manner. Scheduling is everything when it comes to this. Gardner will communicate clearly all project milestones to achieve an on -time completion. Pre -Construction Meeting - Gardner understand the importance of coordinating with key personnel on the project it is essential to a successful construction project. Project Construction We will combine the knowledge obtained throughout the pre -construction process and apply that to the construction phase. The following are what we see as the key aspects of this phase: Experience The most important element needed during the actual phase of construction is experience. With over 4 megawatts of solar installed and years of solar design -build experience, Gardner knows what needs to be done. We will use our years of experience to make the sure this solar project is completed to the high standards that our clients expect. Procurement — Proper and timely scheduling and coordination to accommodate lead times. Gardner will Source high quality construction materials in the latest technology available at a competitive price. We are able to accomplish this for our clients through the relationships we have built with top industry suppliers. Project Management — With hundreds of jobs within our project portfolio, our ability to manage a project has become an essential element to our success. Gardner knows that we are responsible for the success of the design -build project and we take great pride in managing each and every detail of the project to attain a successful outcome for everyone involved. Weekly Meetings — As mentioned, communication is essential for a project's success. We recognize the valuable input required from both the owner and the contractor during the construction stage. For this reason, we propose that weekly meetings are held on site or over the phone to update schedules and maintain open communication throughout the construction phase. Safety- Protection to individuals on and around the jobsite is of utmost importance. Proper safety measures will be taken during construction and managed by our OSHA 30 hour safety manager. Gardner has not had a workers comp claim or work site injury in over 6 years. ca c a) Q Page 99 of 168 Management Plan REFERENCE CONTACTS Post -Construction epative Energy Services LI �Gardner t€��© Engineering Finishing a job is not simply installing the last solar panel and interconnection. We plan to continue our relationship with our clients for years to come. We are proud of all the projects we complete and are determined to maintain our outstanding industry reputation. Key post -construction items: Close Out —The staff at Gardner work diligently to provide all the necessary work and documents to close the project and complete any last request from the owner. As-Builts — Gardner will provide as -built drawings required by the contract. We are confident that our procedures as listed above will ensure an overall successful project for DFCM and the Division of Parks & Recreation. We look forward to working with you. :Q a Project Team Structure five Energy Services Gardner Englneering� Principal in Charge Design/Engineering Ken Gardner Project Manager Curtis Anderson SLT gibp MOAT! Administration/Contracts Kyle Hartman Procurement Project Foreman Mike Wight • Safety Officer Scott Vandehei On Site Installation Crew See Statement of Qualifications document for team member qualifications Project Execution The above team is able to provide the City of Moab with superior performance and a quality project. Each team member is capable of fulfilling their assigned roles and responsibilities to carry out the project. Ken Gardner is the main point of contact for the project and will be providing oversight in the design and installation of the project. Gardner Engineering AES has safety as its number one priority. To deliver safety and security to all companies and individuals involved, Gardner Engineering AES will ensure that foremen, installers, subcontractors, and other parties included in the project are informed and aware of the importance and utmost necessity of safety onsite. Page 100 of 168 Management Plan REFERENCE CONTACTS Project Risk Factors tpative Energy Services ��z� (Azm Gardner Engineering Gardner Engineering is a complete design build firm with an in house Engineering team and is fully capable and experienced in providing high quality construction documents that address all relevant code issues and satisfy building codes. In our design approach we have considered and will meet all requirements listed in the RFP for a 25kW roof mounted system. This is a straight forward project with limited risk factors; however one identified concern is the required open roof penetrations during the construction process. We will coordinate proper temporary roof seals with during the construction phase to mitigate any risk of roof leakage during this phase and to maintain the existing roof warranty. Target Work Schedule Milestone/Element Target Dates 2016 Notice of Award 9/27 Signing of contract documents submit P&P bonding 9/27-9/30 Complete design -submit to DFCM for comment 10/7 Submittal of 100% Final Construction Documents 10/9 Approval of Final design 10/11 Obtain Building Permits & Submit Net Metering application 10/11-10/21 Order Major Equipment Items (Solar Panels, Inverters, etc.) 10/11 Target Construction Start Date 11/14 PV support/roof penetrations installation 11/14-11/18 PV panel attachment/inverter installation A/C wiring 11/21-11/23 Monitoring setup / Testing 11/28-11/28 Target Construction Substantial Completion Date 11/28 Target Commissioning & Acceptance Testing 11/29 To be completed on or before 11/30/2016 Termination or Debarment Certification Gardner Engineering Alternative Energy Service its principal, and engineers certify that neither it nor its principal are presently debarred, suspended, proposed for debarment , declared ineligible or voluntarily excluded from soliciting work by any governmental department or agency. Further, we also certify that neither the firm nor its principal have been terminated during the performance of a contract or withdrew from a contract to avoid termination. Page 101 of 168 Management Plan DEFERENCE CONTACTS Our Reputation and Commitment eative Energy Services 'der Gardner �. Engineering As one of Utah's top solar contractors, we represent the best capabilities in our industry. We are dedicated to providing the highest quality of work at a competitive price to our clients. Our vast portfolio includes work for Municipal, State and Federal agencies, as well as, University's, private companies and home owners. Our commitment to quality and proper system design has built a strong reputation with our customers that have led to a large number referrals and repeat clients. We look forward to bring our expertise as mentioned in this response to your solar project and are excited to continue our relationship with The City of Moab. sr..4r ;Sis. �sdtkrililirat. +. gardner-energy.com Page 102 of 168 gardner-energy.com We are happy to help with any additional information you may need to get started on your project. Please don't hesitate to contact us. We have a passion for the environment, a desire to help reduce your energy costs, and commitment to community. 2047 PAINTER LN WEST HAVEN, UTAf--I 84401 eative Energy Services n Gardner Engineering G) age o a1 Q P. 801-689-2618 C. 801-589-0447 Prepared For: CITY OF MOAB 217 East Center Street Moab, Utah 84532 +w*pa7 s,ueI y emative Energy Services `4 w � _:. Gardner Engineering Bid Documents ROOF -MOUNTED SOLAR PV SYSTEM MOAB CITY HALL, Moab, Utah September 20, 2016 Hill Air Force Base 2 1 1 kW gardner-ene iy.com 801-689-2618 2047 Painter Ln., West Haven, Utah 84401 eaiive Energy Services 4 Gardner Am Engineering Gardner Engineering AES 2047 Painter Ln. West Haven, UT 84401 Office: 801-689-2618 September 20, 2016 CITY OF MOAB Rachel E 5tenta 217 East Center Street Moab, Utah 84532 Rachel Stenta: We are excited and appreciate the opportunity to respond to the design -Build RFP, for the roof -mounted PV system located on the Moab City Hall. We are a highly qualified contractor with experience in design and construction of solar -power systems. We have completed several design -build projects in Moab, and have worked with Rocky Mountain Power BlueSky funded projects in the past and are familiar with the program requirements. A few of the BlueSky funded projects completed by us include the Moab DFCM regional office 90 kW, Summit County Health Department 71kW, Salt Lake Arts Academy 14kW, HUCC 10kW, Mt. View Community Learning Center, SLC School Dist. 39.5kW and the 72kW Utah State University Hillyard ground mount PV system. Base Bid: We have included in this response a complete design -build turnkey PV system which includes a 25.87 kW roof -mounted solar array with high quality SolarWorld 345 watt PV panels, and SMA SunnyBoy 6000TL-US 208V inverters, with integrated monitoring. Alternate Bid: In addition we have included an alternate option for a micro inverter system. This alternate option includes a 25.20 kW system with SolarWorld 60 cell, 300 watt panels, Enphase 5280- 208V micro inverters and Enlighten system monitoring. The cost for this bid alternate is included on the cost proposal from. We have included the following in this packet: Statement of Qualifications, Past Performance & References, design proposal/scope of work, power production estimates and major equipment specification sheets. The management plan and the cost proposal form are separately attached. As you consider who to select as a partner on this project, we feel it is important that your organization select a firm with proven and specific industry experience to achieve a positive outcome by meeting budget, schedule and quality goals. Having successfully installed megawatts of solar, we are one of Utah's most experienced solar integrators. We are confident our team at Gardner can meet and exceed the expectations of this project by providing exceptional service and a quality installation of the proposed solar PV system. • turn -key construction • Certified with North American Board of Certified Energy Practitioners (NABCEP) • Safety First, strong safety record with OSHA 30 hr. and 10 hr. installation crews Your careful consideration of our proposal will be appreciated. We feel a review of our completed projects will assure you of our qualifications. We look forward to working with you on this project and will be happy to provide you with any further information you may request. Please direct your questions to Ken Gardner or Kyle Hartman in our office. Regards, Ken Gardner Kyle Hartman Page 105 of 168 eniive Energy Services Gardner Engineering 'They were extremely knowledgeable and highly skilled. The installation was fast, efficient, and of high quality. They completely cleaned up the area after work was complete. Afterwards, they took care of the final inspection and making all arrangements with the power company to install our net meter. In other words, Gardner Engineering performed with skill and knowledge, taking all of the work and worry out of the process for us, and installed a high quality solar system. -Palmer Cottonwood Heights Letter of Transmittal Summary of Qualifications/ Team Overview 4 Insurance/Bonding Compliance Statements 7 Past Performance/References 8 Design Proposal/Scope 10 PV Production Estimates 13 Cost Proposal Summary 14 Appendix 15 Design Drawings 26 2 "Gardner Engineering has been a pleasure to work with. They know their material and know how to make things work for their customers." -1.C. Weber State University Page 106 of 168 Firm Overview 1 Statement of Qualifications GARDNER ENGINEERING ALTERNATIVE ENERGY SERVICES About Gardner Engineering Gardner Engineering has 10 years of solar specific experience specializing in turnkey solar power systems that has earned our industry leading reputation of Utah's most trusted design build team; we serve both public and private clients. • Successfully installed over 4 megawatts of renewable energy systems throughout the intermountain region. • We specialize in full design -build projects utilizing our years of experience in both the engineering and construction fields. • Gardner Engineering utilizes the latest computer design, surveying and drafting technology to manage client needs.— --� Gardner Engineering has experience providing services on a variety of federal, state, county and local government projects. We have recently completed solar projects for: - DFCM Moab Regional Office - Draper City Hall - Park City Hall - Washington Terrace City fire station - City of Lehi library - State of Utah's Department of Facilities Management (DFCM) - Summit County We have successfully completed several large scale commercial projects including: - 900kW Department of Veterans Affairs, VA Hospital, SLC, Utah - 246kW RAM Company, St George, UT - 211 kW Department of Defense Hill Air Force Base, Layton, UT Gardner Engineering is a licensed Solar Contractor with the State of Utah, and carries both professional and general liability insurance. D c� CD 7 IL fl1 entive Energy Services Gardner Engineering Gardner AES Offices Located at: 2047 Painter Ln. West Haven, Utoh 84401 Office: (801 ) 689-2618 Fax: (385J 259-7194 Web: gardner-energy,com State Licenses & Certifications Licensed solar Contractor, Utah — 6399860-5501 Master Electrician, Utah — 154270-5502 Professional Structural Engineer, Utah 2008-154270-2203 Professional Civil Engineer, Utah 1985— 154270-2202 Certified with the "North American Board of Certified Energy practitioners (NABCEP) OSHA 30 hour & 10 hour certified installers Some of our clients include: K 10►11 ] yi� L t�r�!" aa.wor..w,u/w sw, /r d" DRAFER CITY 14�+wwsap i a -a Q a 5un5marr 14()c-,r;, Itca0 Wram Scut uri��ain 12 Utah Orthopaedics LIVU mrs,N rRL«x U#IYERSM, gardner-energy.com Page 107 of 168 Team- Statement of Qualifications GARDNER ENGINEERING ALTERNATIVE ENERGY SERVICES Who will I be warkin ith at Gardner? Ken Gardner, P.E., L.S. President/Owner Mr. Gardner is the founder and owner of Gardner Engineering Alternative Energy Services. He holds B.S. and M.E. degrees in Civil Engineering from Brigham Young University. Mr. Gardner provides consulting, design, installation, construction, engineering, project development services, education and training services, contractor services, maintenance, and repair services. He also instructs Solar and Hydro courses for the top national renewable energy educational organization, Solar Energy International (SE!). SatAREMERGy ixrtwunoNAL • Professional Civil Engineer, Utah 1985 — 154270-2202 • Professional Structural Engineer, Utah 2008-154270-2203 • Professional Land Surveyor Utah 1980 — 154270 • Licensed Solar Contractor, Utah — 6399860-5501 • Master Electrician Utah — 154270-5502 • North American Board of Certified Energy Practitioners (NABCEP) R0318061-2201 CERTIFIED Solar r Installer Affiliations American Society of Civil Engineers Utah Council of Land Surveyors — Past Board Member Utah City Engineers Association — Past Pres. Utah Solar Energy Association — Board Member Independent Electrical Contractors of Utah motive Energy Services •+:-� Gardner :4f::3 Engineering Kyle Hartman Business Director/Manager Mr. Hartman services as the Business Director and Manager for Gardner Engineering Alternative Energy Services. He holds B.S. in Business Marketing from Utah State University. Since his involvement with Gardner in 2008, he has helped to grow the company from a few hundred installed kilowatts of renewable energy projects, to over 4 megawatts of installed capacity in 2016. Mr. Hartman's roles included managing the day to day operations of the company, consulting with clients on project development, responsible for making sure our projects are completed within the scope of work, material procurement, project budget, scheduling, as well as government compliance procedures if required. Project Experience: • 7 years of business oversight on over 3 megawatts of solar projects • Contracts & Procurement • Government compliance requirements ARRA, Buy American and Davis -Bacon reporting. Affiliations Utah Solar Energy Association — Board Member Page 108 of 168 t3( ti gardner-energy.com Team- Statement of Qualifications GARDNER ENGINEERING ALTERNATIVE ENERGY SERVICES Curtis Anderson Project Manager Mr. Anderson serves as our project manager, estimator for solar projects at Gardner Engineering AES. He has been in the solar industry since 2009. He achieves operational objectives by contributing information and recommendations to strategic plans and reviews; preparing and completing action plans; implementing production, productivity, quality, and customer -service standards; resolving problems. He helps meet financial objectives by forecasting and preparing project budgets and working with clients to educate on solar incentives. Project Experience: • 5 years of Operation and Project Management on solar projects. • maintaining budgets and schedule Mike Wight Project Forman Solar PV Mr. Wight leads our installation crews as the project Forman. Mr. Wight has been with Gardner since 2007, and has filled a key role in the growth and success of Gardner Engineering by ensuring quality installations and successful coordination between ourselves and our clients. He has led the onsite installation of over 4 megawatts of installed solar as of 2016. Certifications D ca CD 7 Q fl1 • North American Board of Certified Energy Practitioners {NABCEP} R0318061-22010ERTIFIE44 • Car Charge Station Certified ,, ; Saar. • OSHA 10-Hour �asta�l_ • Forklift Certified • Arial Lifts Certified etative Energy Services �� Gardner i• Engineering Scott Vandehei Safety Officer/Installations Safety is of the utmost importance to Gardner and Scott Vandehei services as or safety officer. He is also a key member of our installation team. Mr. Vandehei has been with Gardner since 2010, and has key role ensuring quality installations and successful coordination between ourselves and our clients and safety coordination with in our group. Certifications • OSHA 30-Hour --I • Forklift Certified • Arial Lifts Certified • CPR Certified gardner-energy.com Page 109 of 168 Team- Statement of Qualifications GARDNER ENGINEERING ALTERNATIVE ENERGY SERVICES Bonding Firm- Insurance INSURANCE COMPLIANCE STATEMENT Workers Comp Liability Insurance WCF %SOMERS COMPENSATION ruND ® EMC Insurance Companies Gardner Engineering will be able to demonstrate the ability to provide a performance, labor and materials bond for 100% of the contract amount, if required. Contact Information Surety Company -Michael Wade 801-924-1400 otive Energy Services Gardner Engineering Gardner Engineering will be able to demonstrate that they carry insurance in the approximate amounts set forth below: 1. Workers Compensation (Policy#2995238, WCF of Utah) 2. Comprehensive General Liability Limits: $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 umbrella policy ($2M/$3M combined) 3. Automobile Liability: Limits: $1,000,000 combined single limit 4. Professional Liability Insurance $1,000,000.00 each occurrence $1,000,000.00 aggregate Contact Information: Insurance Company American Insurance Jeffrey Hirst 801-364-3434 Termination or Debarment Certification Gardner Engineering Alternative Energy Service its principal, and engineers certify that neither it nor its principal are presently debarred, suspended, proposed for debarment , declared ineligible or voluntarily excluded from soliciting work by any governmental department or agency. Further, we also certify that neither the firm nor its principal have been terminated during the performance of a contract or withdrew from a contract to avoid termination. Page 110 of 168 Past Performance REFERENCE CONTACTS e.oative Energy Services �' Gardner Engineering Note: 7 references are included below. 3 include past State DFCM projects the others are 81ueSky funded projects and larger projects intended to highlight Gardner's capabilities on complex projects of verifying sizes and technology. Please contact us for more information or details about the listed projects. Moab DFCM Regional Center Solar - 90 kW (DFCM) Project Completed: 11-2015 Size $275K Duration: 25 day construction schedule Type: DFCM Facility, 90 kW roof mount PV array Grid -tied String inverters Location: Moab, Utah Reference Contact Bianca Shama, Energy Program Director (801) 793-8745, bshama@utah.gov 4110 State Office Building, SLC, Utah 84114 ELLIElt r _f WORK ,11r4Mnimrntrt Weber State University Davis Campus Solar - 20.05kW & 35.5kW (DFCM) Project#10165810 Con #117393 Completed: 6-2011 Size: $132K Duration: 12 day construction schedule Type: Educational Facility, 20.05kW roof mount PV array Location: Layton, UT Reference Contact Bianca Shama, Energy Program Director (801) 793-8745, bshama@utah.gov 4110 State Office Building, SLC, Utah 84114 OR Jacob Cain, Energy Manager Weber State University (801) 626-6311, JacobCain@weber.edu UDOT Traffic Operation Center Solar - 17.28kW (DFCM) Project#11045900 Con #127336 Completed: 5-2012 Size: $106K Duration: 10 day construction schedule Type: (TOC) Facility, 17.28kW roof mount PV array Location: Salt Lake City, UT Reference Contact Bianca Shama, Energy Program Director (801) 793-8745, bshama@utah.gov 4110 State Office Building, SLC, Utah 84114 D co CD 7 Q fl1 gardner-energy.com Page 111 of 168 Past Performance REFERENCE CONTACTS Summit County Health Center - 71 kW Completed: July 2013 Size: $217K Duration: 12 week construction schedule Type(s): Roof top ballast mounted array Location: Park City, Utah RMP BlueSky Project Lisa Yoder, Sustainability Coordinator 435-336-3128, lyoder@summitcounty.org PO Box 128, 60 N Main St. Coolvine, UT 84107 Salt Lake Arts Academy - 14kW Completed: Dec 2013 Size: $50K Duration: iweek construction schedule Type(s): Roof top ballast mounted array Location: Salt Lake City, Utah RMP BlueSky Project Moni Schwaerzler, Business Manager 801-531-1173 moni@slarts.org 844 S 200 E, Salt Lake City, UT 84111 E .),*.y {k vvdaK I.UFSKj/ ,0,:i' 4VOAK NP�3If� MOURaN Hogle Zoo Solar Multiple Projects - 22kW (3 Separate Projects) Completed: 2008-2012 Size: $130K Type: Flush roof mount(1), tilt -up self-ballasted(2), Location: Salt Lake City, UT Reference Contact Douglos Lund, Utoh's Hogle Zoo 801-584-1709, dlund@hoglezoo.com 2600 E Sunnyside Ave, Salt Lake City, UT 84108 � �.r 'yla•.. l3 uE s c •" MPLTRern PWlpl Department of Veteran Affairs Solar - 900kW Completed: Jan 2013 Size: $1.4M installation only Duration: 30 week construction schedule Type(s): Array 1: Large Ground Mount PV array 500kW Array(s)2:Solyndro, Self -ballast PV array 325kW Array3: Carport Mounting Structure 75kW Location: Salt Lake City, Utah (Davis -Bacon Act, Buy American provisions applied) Reference Contact Patrick McNabb, Ameresco Manager 1-865-310-1538, pmcnabb@ameresco.com 1820 Midpark Rd, 5te. C Knoxville, TN 37921 votive Energy Services Gardner Engineering r ca a) a1 Q Page 112 of 168 gardner-energy.com Design Proposal REFERENCE CONTACTS Scope of work / Deliverables: epative Energy Services 41 ea Gardner Engineering Gardner AES intends to work as a partner with Moab City on the design build project for an investment grade 25.87 kW solar PV system, at the Moab City Hall. Gardner has reviewed the provided RFP documents and understands the full requirements of this project. Deliverables Items to be provided per RFP Documents: 1. Develop Solar Energy Project Final Plans and Specifications 2. Supporting Design Documentation 3. Obtain Building and all other needed Permits 4. Rocky Mountain Power Coordination 5. Construct the PV System 6. Obtain Intermediate and Final Inspections 7. Setup required monitoring, RMP coordination 8. Commissioning and Acceptance Testing Proposed System Design (25.87 kW) (see Preliminary Drawings pg 26-30) Additional details and detailed design drawings will be presented at DFCM Interview. PV System Details: This design -build proposal, includes an investment grade turnkey 25.87 kW (STC rated) roof mounted PV array will consist of 75, 345 watt SolorWorld Pro XL Mono PV panels. The system will be interconnected to the utility grid using (4) SMA SB60000 TL inverters or bid alternate, SolarEdge string optimized inverters. The array will be mounted using the SnapNrack Series 100 mount system, permanently attached to the roof perlins. Panel layout is, portrait orientation, 3 rows high parallel to the existing roof slop, mounted 12" above the roof surface per RFP requirements. The system will be designed structurally to meet code requirements for this site, as well as, the City's specific roof mounting requirements, 12" above the roof surface (see drawing on page 26 for details), 1) Type of solar Panel proposed: 75-SolarWorld Pro-5eries SW345XL mono These modules meet stringent SolarWorld quality standards and meet and exceed all industry standards and certifications. They also carry a 25-year linear warranty to guarantee maximum performance through the lifetime of your system with performance digression of 0.7% p.a.(See attached specification sheets) SOLARWORLD we tam.niient Into power 2) Type of inverters proposed: 4- SMA SS 6000TL-US Note: See bid alternate to replace SMA inverters with Enphase 5280 micro inverters attached to cost proposal documents. SMA's new SunnyBoy transformerless invter is raising the level of performance for decentralized commercial PV plants. This transformerless inverter is UL listed and has peak efficiency above 98.3 percent. (5ee attached specification sheets) Page 113 of 168 System efficiency 97% CEC OptiTrac advanced MPPT Design Proposal REFERENCE CONTACTS �pative Energy Services 4, Gardner 2E5 Engineering 3) Solar PV mounting system: SnapNrack Series 100 Mounting System (see attached drawing) To meet the specific mounting requirements, we have selected the SnapNrack Series 100 mount system. The system uses field tested, engineered components. Per the RRP request, the array design is a minimum of 12" above roof, mounted parallel with the existing roof slope. The roof penetration to be permanently attached to the roof perlins. Gardner will coordinate with the roofing contractor to maintain any existing roof warranty, to install PVC pipe flashing for each attachment point. • 5) Monitoring and Production Metering Included is the SMA Speedwire webconnect interface monitoring. Inverters are connected to the network via the Speedwire, monitoring accessible online via the Sunny web portal for remote accessible to both Moab City and RMP. This monitoring solution along with the production meter is intended satisfy the BlueSky program requirements for reporting and monitoring. No annual additional subscriptions apply. 6) Electrical Design [Votes (see attached drawings) All DC and AC wiring will be consistent with listed NEC requirements. Installtion of RMP prodcution meter. Base Bid: Total of 75, 345 watt solar modules (25,875 watts) 4 — SB6000TL-US SMA 208V inverters Alternate bid option: Total of 84, 300 watt solar modules (25,200 watts) 84 — Enphase S280 208V inverters Page 114 of 168 gardner-energy.com Design Proposal REFERENCE CONTACTS costive Energy Services :1 � Gardner 4 �� Engineering Warranty Workmanship: 10-Year complete workmanship warranty by Gardner Engineering AES. Full system warranty including labor, and materials for a period of 10 years. Solar Panel: 25-year linear performance guarantee. SolarWorld guarantees a maximum performance digression of 0.7% p.a. in the course of 25 years, a significant added value compared to the two-phase warranties common in the industry. 10-year product warranty. Inverters: 10-Year Inverter warranty by SMA America 25-Year Inverter warranty by Enphase (if selecting bid alternate) Rocky Mountain Power Utah Solar Incentive Program/BlueSky requirements Gardner AES has recently completed several design -build projects with Rocky Mountain Power funding and are familiar with the program requirements. All design, materials, production metering and monitoring requirements will be satisfied for RMP Utah solar inventive program/ BlueSky compliance. D c� CD 7 Q fl1 Page 115 of 168 Power Output Estimates PV LVArs �paiire Energy Services 4(C Gardner �� Engineering Array Size 25.87kW (STC) First Year Production Estimate: 42,353kWh Azimuth: 180° Tilt: 20° est. 5000 4500 d 4000 3500 ; 3000 2586 2500 r 2000 1500 1000 500 0 - J 2823 3581 4394 F 4591 4455 4149 4055 3452 3035 2711 2520 JAN FFD MAR APP. MAY JUN JUL AUG SEP OCT Nov Da. 61ES-WMED PV PRODUCTION Source: PVWatts Calculator Array Size 25.87kW (STC) 25 Year Production Estimate: 974.47 MWH Azimuth: 180° Tilt: 20° est. Performance digression of 0.7% 44.00 , 42.35 42.00 f 1 40.00 MWH 38.00 36.00 34.00 32,00 41.76 41.18 40.61 t 40.04 39.48 38.93 38.39 37 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 aESTIMATED PV PRooucriorJ MWH 37,32 19 35.80 36.29 35.78 � 6_ 20 21 22 23 24 25 Page 116 of 168 gardner-energy.com Cost Proposal BID SCHEDULE Moab City Hall ROOF -MOUNTED SOLAR PV SYSTEM eaiive Energy Services 11 a Gardner �® Engineering 20 Sept 2016 25.87 kW Grid -Tied Roof Mounted Solar Array (All materials below are code compliant 8, Ul_ listed) Scope of work: Turnkey installation per Bid requirements ALL design, interconnection, labor and Materials Roof mounted PV array Order and obtain all necessary supplies, panels, racking system and equipment necessary to construct the approved design. Coordinate all delivery, staging, panel placement, craning and all other related tasks. Design / Documents 0&M manual, as -built drawings. On -Site system overview/training for facilities staff after completion Installation/Mobilization/ P&P Bonding Complete installation and insure project progress and general compliance with local code requirements. 100% P&P Bond Proposed PV System: Array Size 25.87kW (STC) Major Equipment List PV Panel Type: 75- SolarWorld Pro -Series SW345XL mono Inverter Type: 4- SMA SB6000TL-US 208V Module attachment: 75- SnapNrack Series custom mounting system Monitoring solution: 1- SMA Speedwire Sunny Portal w/ online or mobile access Bid Note: Attached with the cost proposal documents is a bid alternate to replace 4-SMA inverters with-Enphase S280 inverters and Enlighten Envoy for system monitoring. Bid total is included separately attached on the Provided COST PROPOSAL FORM. D c� CD 7 Q fl1 Page 117 of 168 Appendix PRODUCT SPECIFICATION SHEETS Pa 16- Spec Sheet SolarWorld SMA Enphase 26- Design Drawings cv c a) a1 a Page 118 of 168 epative Energy Services *I efol Gardner _Asm Engineering eaiive Energy Services Gardner Engineering SunmaduleY SW 340-354 JCL MONO �JJill SOLA€81!`t ORLD REAL VALUE TUV Power controlled Lowest measuring tolerance in industry Every component Is tested to meet times 13C requirements Designed to withstand heavy accumulations of snow and Ice Avadahle with either 1000 V or 15°0 V maxnnurn voltage rating 25-year linear performance warranty and 10-year produetwarranty Glass with anti -reflective coating World -class quality Fully -automated production lines and seamiess monitoring of the process and material ensure the quality that the company sets as Its benchmark for Its sites worldwide. 5olarWorld Plus -Sorting Plus -Sorting guarantees hrghest system eff crency SolarWodd only delivers modules that have greater than or equal to the nameplate rated power. 25-year linear performance guarantee and extension of product warranty to 10 years 5 larWorld guarantees a maximum perfermancedigression of0.7% p.a in the course of nyears, a significant added value compared to the two-phase warranties common in the industry, along with our Industry -first 10-year product warranty.' 'In accordance with the applies ble SolarWorld b mdeil Warranty at purchase. www.solarworld.comlwa rra my solarworld.com • O.onot 6111r •Sarslri,W It FL 1 • Ifia.,s>na n:lnahm,lcc 600tiT-F .fi 6yE . Urasnlvels.cm,ec sin r 1 • Pn-.MrF+ruMvlaan IFC61T01 GSA La.1703 so 9.001 rso tour Cortirloa D c� CD 7 Q fl1 Page 119 of 168 entive Energy Services Gardner �.� Engineering , SunmoduleY SW 340-350 XL MONO PERFORMANCE UNDER STANDARD TESTCONDI110NS {STCr �11dig REAL.VALUE Maximum power SW 340 3WT45 SW 350 340 wp 9J0, Wit a:cr We Open &ark Voltage sa eV 43.0V Maxlmumpowerpoirrtroltage V ,. Short circuit current 3,9 V 382V 932A Marimum power point current 9 61 A Module efficiency PERFORMANCE AT BOO W/M , NOCT, AM 1.S SW 34SW tV Maximum power 267iVrp Open cirtukvokage _ 415 V 4143 V 42 D V Maximum pawerpnrntvolterge „ 34.9V 35,2V 354V Short cireult Current tf SASA 8.10A 816A Maximum posrerpa)et Current IMer 7.42 A 7.50A 7S6A 141rnar+educlIOn m afrkr.nry under p;rltal lord comtltio N. et N'C: St 200 W fm1, IGO%of theSTC elf Karmy {1000 W/m+) n achieved Ipgq Vym: w4w•.•rt�. Ni assocQ pa„te4 tantsrt, m L COMPONENT MATERIALS Cells per module 72 Front Cell type Lour-,ron tempered with ARC (EN 12150) RAMO Char anodl.ed alum rum Cdldimentions 6 "7 rr, : r•. r .n Weyht (15d15xL`i,�. �) 47611A (21 614 THERMAL CHARACTERISTICS ADDITIONAL DATA N0C7 C Power sorting-0Wpf,5Wp fir+ 0041%f•C !-Dox ip65 TCYx -0304%j-C canned., wire Ftr 1_11 r/l 1Lr i YA.,Jr1 n�: i�: • ECP.y-0.43%/'C Operating temp •40 m t85'0 Module fire performance iIJL 170.311yr PARAMETERS FOR OPTIMAL SYSTEM INTEGRATION Maximum rya! em voltage NEC 500V :peOrywive arcrnei.4 Maximum system voltage SC fr 1000 `r �'��:'r:v;7� iiiu:t�"• `14�,�inJ4�+��t�fl'i�r' v�Tta;= ETA, A'fa3:Talrli i 1B rreinerLielt.1a"F' 71=4.,Y sL :�Pi ��ti�'silll kai+l a�eiix = *FTAR BR.Tri gardner-energy.com Page 120 of 168 ootive Energy Services 0�%� Gardner z73 Engineering SUF-IINY BOY 30+ 011-US / 38 T1-US/400011-US / 500011-U S / 60 11-US % 700011-U S / 77 11-US THE WO RLD'S ONLY SECURE POWER SUPPLY Cerri bed • IIL1Jd1aid1&PP6son plod. WsgrdsdAPC1mc.d-atls =viim. I nnavafive • 3ecare rake 13apply pee+ieles shire rake minims aid errlkgm. Powerful 91 6% ncvina n d%iceacy • WI& in p.Fwkge ra REF Flexible • Trm Ni PP Fracism prwidc asna pm dolga aplim ric k aF H EC ;m 11 d9113.11 • Simde mimeo ns i Kipi O FFirms G66a !Peal M Pr l,acliag • Ms recede sadiag k ripe=km ee image SUNNY BOY 3000TL-US 380011-US /400011-US � 5000TL-US 6000TL-US 7000TL-US 7700T1.-US Setting new heights in residential inverter performance The Sunny Boy 30€IOiI-USf3800r1-USAMOTI-US/600.3T1,1-1S/60C14TE-US/7400T1 US/7J00TlJJS repreerts the next dap in performance for IJEcerhrtred reverters. h trarnformerlessdesign means high eRciency and reducedvreig}f. WIN -MUM poorer produdion is derived fom vide input voltage anti operalirlg hemperdure ranges. Mulip6 MPP trackers and O Farad" Global Peak miligde t he. effect c# . bade and allow for i nsta Ikfion aF challenging sites. The unique Sec are Power Supply feciure provides daytime power in the event el a grid outage. Figh performance,flaible deign and innordi-re feciura make the Sunny Buy TRU series the RH choice among solar professionals. gardner-energy.com Page 121 of 168 Tededml dohs Input PC) Mon. usable CC parer (61 cos V ti 1) Max DC voltage Rc1ed µPDT voltage range Ivl9PFpparsErs vakage range µIn. DC -voltage / gee yaws.' Man operating hod cane t/ per MPP hacker NembQ of ?AP? ImcLm /alms! por1v1PP hacior Output (AC, AC walk o I power Mar. NC appwmripowe Herrin& AC voltage / gdbrdvble AG voltage range AC grid frequency, range Max astpui tyrant PC4.41iactar Ions 9] Onlputphown / In a eamseclimn No,maraa Efficiency Mao. elfldenry GEC efficiency Protection devices OC citsoanretBm dwdte DC ta'msepolerny protector Gnxi d belt maniraring J Ceid morBeting AC sl at circuit prolechon Nipple !melee residual norm monitoring unit Are kuk circuit Inl aruprar WCII armpkont In U6 16996 Protection doss/ mmrrailoge cdagory General data Deopr iar61W /81 / men (in] DC Disconnect ect dimensimp `W / H / Dien mm Ian} hcleng r lemons 1W / H / DI rn mm Irn1 rt DC Doomed. poelpts rtnleroions IW / ^1 /r]] in rem (inj Weight/ DCMoored- xrighl Pecktnp %sight/DC Dkceenpcl packing weight Operating lempereurn rotge None aloha/on 80=8 lnlemal owaumplion at night Topology Coding ElodrnNtl prolixity doling Feaerres Sedum Whir Supply DaF=aY graphk If Indoors RSd 65/ Speadwee/Webwnnect %%wetly 10/ 15 / 20 yeas CealArnms on- pan& (mare available en mattes) HUE US Isomers ship with gray Ws Type dorignoBoh Sonny gay 300011.-US 208 VAC 240 V AC 3269 Me 600 V 175..480V E 25 500 V 123Y/150V 184/15A 3000 W 3000 VA 20111V/• 7d0V/• 183 - 229 V 211 ^ 264 V 60Hx/593 605Hs 15A 1 1/7 < 4% 97,2% 97,6% 96.5% 96.5% S 25 dS(A1 <1 W Transfutmedess Convection NEM.A3R ogiive Energy Services • Gardner Engineering Sonny Say 380011aJ5 26a V AC 240 VAC d200 w 600 V 175-400Y 125 500 V 125 4 / 15G V 2dA/15A 2/2 3330 W 3810 W 3330 VA 3 E140 YA 2011V/• 240V/• 163 - 229 Y 211 - 264 V 60 (ix / 59 3 - 605 Hs 16A I/2 < 1% 47.2% 9/ 5% 96.5% 970% 490/519/ i85 1193/ 2115/7.31 167/ 297/ 100 V 1/ 11 7/ 75] 61`/ I597 / 266 124.3 / 23.5 / 10.5I 370/240/760 (14 6/93/1 10) 24kg 153114/35kg 181b1 27 kg (6016( / 3.5 kg 181b] -40'C +80 rC (-40" +140.F1 < 25 dB1A) <1W Trareformwleu Comedian NEW 3R Sonny Say 400011-US 268 V AC 240 VAC 4200 W 600 V 175.480 V 125 spay 125V/150V 241A/I5A 4000W 4000 YA 208V/• 740V/• 163-229Y 211-26dV 60Hs/593 605Hs 20 A 1 1/2 44% 97.2% 97.5% 96.5% 97.0% < 75 d3(AI <I W -rcnslormmhes Consoled, NEMA 3R • • • • • • 0/0 0/0 0/o 6/0/0 4/0/0 40/010 U 1741, U( 1999, UC 1699% IEEE1547, FCC Pan 15 (Clam A A S), CM!/CSA C27 2 1071 1 S8 3009TC 1.13-22 S9 38001i 3522 Slt d00 ITL-US 22 a) a) a1 Q Page 122 of 168 gardner-energy.com 5...erly 96y 5000T 1415 208YAC 240V AC 5340 w 6A0 V 175 - 103 V 1M - 500 Y 125 Y/150V 30,A/15A eative Enemy Services En Gardner Engineering r Accetta nes 411- ISMS In Mai. 0N.aEC,Y510 Falikrm5mor mi +®/mrEntisaz M4070 •10 *SFamIadkal= 0ari4Alf E.ic-Hohreci666 Oaacd.ar:ralsordion £ary gay 8000Ti.115r 5,rtly Bay 70031' UPS &My Fkly 770011 1S 209YAC 240Y AC 209YAC 240 VAC 208YAC 240VAC 6300 w 7Wm w 600 V ST V 210 -4E0 V Zd5 -1E0 V 125 - 300 V FS - 500 V 173Y/150V 12SYf150Y 20A/15A OOAf 79A 2 /2 sow w 600 Y 270-d90V 125 -500 V 175V/1SOV 30A/13A d550 W 5000 VY 52W W 6OC9 4Y 6070 Or no3 W 6550 6Y 7890 w d550 VA 5053 VA 50:13 VA. 6W 0 YA 6000 VA 7000 YA 6650 VA 76 90 VA z09Vf• 2dOYf* z09Vf* 2d0V/• MEV/• 2,10 Y/• 202V/• 210Y/• 163-29V 211-261V 163-229V 211-26iV 193-279V 211-26s1V 1E3-2294' 211-264LY 40 Fir/ 593-603 Kr 60 lFr/593-605 Flr 60 llr/543-6051tr 4014r/593-605 Fkr zz A. x5 A V Z A. 3z A. 1 1 1 1 1/2 1/2 1/2 1/2 di% edtc ddR {d1E 974% 97131G 97dR %EX 96.FR %ER 9734 97 oR 9855C 9710E 965% 96_1% 9.33% 983E • • •/• • • • I/ hr 40/519/ 1E5 1193 f2135/731 127/297/190 Vd/llJ/751 611 /597 / a66 12d3 / 705 / 10.51 37o/zd0/z90 111,3/9d/11.01 711g 19 161/33 113 12161 2719 103161/35 113 1$161 �0'C..+80'C 1-d0'F..1-140•fi dad6P,1 e29 d6W &Walk' 429d6�1 11w e1w 1w {1w Tranfainmka Tr efiinc Asa Tran.F. net La Tbrloinrdo. Cawsdim Fo1 Fe For HENIA31. Halm. HEMA31 HBIA3[ • • • • • • • * Crib CVO O/b 0/0 */O/b •fo/b •10f a *WO En 1711, Ill 1996, I1 L16I9916 HEF15L7, FCC Poi 15 iC6a AL 61 CAWC3A=2210731 365000E60522 566000E10322 56700760522 36770011113Z2 gardner-energy.com Page 123 of 168 Ara JFdut S.rars ibw.rivFly omiive Energy Services ?� Gardner Engineering R.6rrpra G.adr.rpra,.. rcren A NEW GENERATION OF INNOVATION THE SUNNY BOY TL•US RESIDENTIAL SERIES HAS YET AGAIN REDEFINED THE CATEGORY Transfarnirlas design The Sunny Boy 3000TL-US / 3800TL-US / dC40TL-US f 30GOTL-US f &COOTI:US f 700OA-US f 770C1f L-US are iransformerlea inverters, which means owner and insio liars benefd fro m high eff iciency and lower weight rl. wide Milani voltage rang._ also means the inverters will produce hgh anna u rrls of power under a number of eendifanr. Additionally, ironslormerless invedea have been shown is be among the safes) siring inveriers on the markd.An industry firs{. the IL - US series bas been riled io UL 17,11 and UL 1 b449 and is in compliance with ihe arc lona requirements of N EC 2011. Increa ad energy praducian OplilrecM Glabal Peaky S3 iA`s shade- iolerord MPP irackine agarilhm, quickly adlus4 to change' in solar irradirlion,which magales the effec6 of shade and results in h Wier tool power o ul pul. And, WA 1>7a MPP trackers, the TLUS series can ably handle eampfex reds with multiple orientations a siring lengths. An odended operating lemperolure range of -40 ' F b+140 'F ensures parer is produced Toll Free+1 888 4SMA USA www,SMA-Americo,com in alt types ofc limafes and for hneer periods of line Ilion with masl traditional shin® inverters. Seeere Pawer5upply One of many unique features a{ the TL-US residential series u its innovalive Slum Penner Supply. Wain rnosi eddiied inverters, when the grid gores down, so does the solar scrumed home. SMArs aolukon provide' daytime energy to a dad imied power outlet during probnged grid outage:, provHing homeowners wain aceers to power as long as the sun shines. Simp In inane llofa n As a ironsformerk-ss inverter, the TL-US residential series is Ighier in vneehl than its iransforner-based counlerports,. maLiig a easier io lift and ironsport. A new wall ma uni ing plate inalu res ani iihefl secu ray a rd makr' hanging line inverierqu ick. and easy. A simplified DC wiring concept allows the DC dtreanneef la b• uned as a wire nacawvy, swing labor and maleriak. The 38OOTL-US and 7700TL--US models allow installers io maximize systems ice and energy prodnchonforcusiomerswah 140Aand200 Asereice panels. Leading mariner -mg and co rtnol salurna nz l4i.r R ign eram.ieele,a • The new IL -US c idenka I line features mare i s than high performance and a large graphic 11 sa display. The monitoring and control options 47 provide users with an ouisianding degree of 11 fkdbilily. Muhipla communimiOn options i! allow for a highly conirollable inverter i± and one ihal von be monitored on Sunny 11 Porbl from anywhere on tire planei via an a e !menial connection. Whether communioaling �# ihrough Rum,0, SNI s new plug -and -play WebConnect 1034016a aan find on optimal s� i' to is r1 Whether you're looking for a model 10 rrardmi.m 0 1C0 A sen►e panel or trying b 'reel the needs of a larger residential FV I �. systern, the Sunny Boy IL -US wah Secure 71 Power Supply has you covered. Hs wide 11 range of pourer classes horn 3 o 77 LW— offers cusiomers the right size for viri Lally amy ,1 residential appliasiron.TheTLUS series is rot i s only thesmarlest inverieron the planet,. ifs also err qr a; solution b their monitoring needs. Wide Rawer Class Ro nee the masiflcdbre. SMAAtneriLLC Page 124 of 168 gardner-energy.com Alternate inverr.er option Enphase Microi nverters EnphaseS280 epative Energy Services 4i Gardner Engineering Designed for high-powered, 50-cell modules, the advanced grid -ready Enphase S280 Micrainverter is built on the fifth -generation platform and achieves the highest efficiency for module level power electronics along with cost per watt reduction. With its all -AC approach, the S280 simplifies design and installation for 280 VA installations, and delivers optimal energy harvest The S280 is compatible with storage systems, including battery management systems. TheEnphase S280 integrates seamlessly with the Enphase Envoy-S" communications gateway, and Enphase Enlighten monitoring and analysis software PRODUCTIVE SIMPLE AND RELIABLE - Optimized for higher -power, 60-cell modules - Maximizes energy production -Minimizes impact of shading, dust, and debts ENPHASE. - No GEC needed for microinverter - No DC design or str ng calculat on required - More than 1 million hours of test ng -industry-leading warranty, up to 25 years ADVANCED GRID READY - Complies with fixed power factor, voltage and frequency ride -through requirements - Remote updating to respond to changing grid requ rements - Configurable forvar'able gr'd profiles like Hawaiian Elect" c Company {HECO} Rule 14H, Cal Porn -a Rule 21 co CD 7 CL fl1 Page 125 of 168 eative Energy Services T - Gardner Enaineering Enphase S280 Microinverter // DATA INPUT DATA (DC) 5280.60-LL-2-US, sago-ao-Lt-S-us Commonly used module pairings' 235 W -365 W Maximum Input DC voltage 48 V Peek paver tracking voltage 27 V - 37 V Operating range 16 V-48 V M INM ax start vohage 22 V / 48 V Max OC short circuit cUrrerlt 15 A OUTPUT DATA (AC) 208 VAC 240 VAC Peek output power 280 VA 280 VA Maximum continuous pourer 270 VA 270 VA Nominal voltage/range' 208 V / 183 22g V 240 V r 211-264 V Nominal output current 1.30 A 1 13 A Nominal frequency/range 60 / 57 -61 Hz 60 r 57 -61 Hz Extended frequency range 57 - 63 Hz 57 63 Hz Power factor at rated power 1-0 1 0 Maximum units per 20 A branch circuit 21 (three phase, balanced) 14 (single phase) Maximum output fault Current 663 mA rms,100 ms 663 mA,100 ms Power factor (adjustable) 1 ! 0,7leading ...07 lagging 1 / 0 7 leedhg ... 0.7 lagging EFFICIENCY 208 VAC 240 VAC CEC weighted efficiency Peak inverter efficiency 96.5 ss 96a% 970% 97.3 % MECHANICAL DATA Ambient temperature range - -40°C to +45°C Connector type 8280-60-11-2-US. MCd 5280-60-LL-5-US Amphenol H4 Dimensions (MHO) 172 mm x 175 mmx 35 mm (w1thout bracket) Weight 1 8 kg (4 Ibs) Cooling Natural convection -No fans Enclosure environmental rating Outdoor - N EMA 6 FEATURES Compatttillly 60-cell PV modules Communication Power line Integrated ground The DC clrcult meets the requirements for ungrounded PV arrays In NEC 690.35 Equipment ground Is provided In the Engage Cable No additional GEC or ground le required Ground Nutt protection (GFP) is Integrated into the mkroinvertec Monkonn9 Enlighten Manager and MyEnfrghten monitoring options Compliance UL1741/1EE0547, FCC Part 15 Class B, CAN/CSA-C22,2 NO.0-M 91, 0.44 4, end 107.1-01 I, Suggestion only, inverter deit limits 00 inputs 2 Nominal tieG agemnge can be ea,crded beyond naminak it required 6y the uhhty. To learn more about Enphase Microinverter technology, visit enphase.com ca 2016 EnphaSe Energy, 411 rights 'ascribed_ P1 troderntiftc Welds in ;his decUntnt arc registered by their re_ipevi, orvrrr. v ENPHASE. Jnnunry 2016 i a) 81 Q Page 126 of 168 ��epatire Energy Services aGardner Engineering SunmoduleY Plus SW 290-310 ilfiONO Pi/ill SCRARWORLD REALVALUE 7Uv POWO controlled: Lowest measuring lolcran^_c in industry Nery curponent i5 te5led t6 meet 3 tines MC rtg:nremenls Designer; t; withstand heavy aG:umulations of 5 now a nd iCB 5:Awedule Plus: Prnitive per F�rmarice tolerame 25-y ear linear pnforma nre warranty and 10-yeat prod xt warranty Cbs:i with anti:refle:tiyacc:ating Wan Id class quality fully -automated production line's and seamless nimituring of the process an4l rnatprial ensure the quality that the company sets as its benchmdrk fa its sites worldwide. Sararwortd Plusiorting Plus-Sor ling guarantees highest system efficiency. SolarWOrld only delivers nodules that have greater than or equal to the nameplate rated power. 25 year linear performance guarantee and extensional' product warranty to 10 years Solar World guarantees a maxinlurrr per Formance digression of0,7%p.a. in the course of25years,asignificantadded vafuecompa Fed to the two" phasewarranties common in the industry, along with our industry-first10-year product warranty" -Sara, can; mamrracrurcd in VS A. ar Gum any modules assembled in U.S A. "in accord nt"_with the npplicnbie.nlnrwond Imetanty at otanhat.e. wwwsolarwurldcorniwananty solo' tworl d-com " 0..0iwl.0rc]Sr " 14....1.r.IR4 ,55 -06..1 e0rJ ��t.....LLC 0006x w.ai4 " N..wr..nr ircaaK " iil wl,r.o-.ww..Ni r941 .rr��a..y,ero. Imo._ I ..w.��.�� " ,w..�. CE �� ,i C 15 Us UL i70S ISO SON ma r{p0+ willeNd MADE IN USA OF a: cuevenriorsPIV gardner-energy.com Page 127 of 168 leative Energy Services 4 �? ; Gardner Engineering SunmoduleX PI us SW 290-310 MONO PERFORMANCE LINDER STANDARD TEST CONDITIONS (STC)' f iiiiii SOLARM:0R LO REAL VALUE SW 290 SW 295 f 30d SW 305 SW 310 M xvlmum power Shel Ws, 295. W TM Wu 11,1 vq. Open circuitvattage M1c V 40IV fail 1 4 Maximum power point voltage V„rr 31.4 V 315V 316V 317V 313V Shorttimuit current M110A 13 :frL Maximum power point current I� 9 33 A 9.45A 957A 9 6S A 9.31 A Module efficiency 1730 % 17.59 % 17.39 % 18.19 % 13 49 % 1000427mr..5'C AM 1.5 PERFORMANCE AT 80O WIM , NOCT,AM 1.5 SW 290 SW 795 .SW 300 SW 305 SW 310 Maximum power 2171 Wp 2205Wp 2227Wp 2259Wp 2296Wp Open Cif Nil' vatage •J Maximum power point voltage v�r 28 8 28.9 V 29.0 V 29.0 V 291 V Short rirtwY current Ix 908A 3.17A 826A 8 28 A 639A Max mum power point current 1� AA 7 64 A 776A 773A 7 89 A m • 4.:,10or, t.iouto r!mputYsarduweat+ersil 7LN:sI:n6 —Jm' 100%attne$1Cdrtl(It1113{I09O 00)j ic{nM+1e COMPONENT MATERIALS [Ars pet module 0 front Cell type it frame Celt dinxnuons n Fve:ght } THERMAL CHARACTERISTICS ADDITIONAL DATA NOCT C. Poser sorting 'G J•8a,r Af"V TCP, Operating temp Cenneetnr Module fire performance PARAMETERS FOR OPTIMAL SYSTEM INTEGRATION Maximum system voltage SC II/NEC Maximum reverse current 11i15.t%Sk a) a) Q Page 128 of 168 gardner-energy.com 75-34S WATT SOLJRAbHLP MAXIM q - B,Tm wATT EATA sumo 1NIBTIE ns p 0 a - -1 L, -- f-. p lr , , i, ,l r, r 11. r „ it - R NC .7 1 r �1 .) _ - n n ] r r , - 11 _vim _. .. ... a --.- _. it .. rr -- - .. � - - -. • 0 � C .1 ,r ,r �._G. f SUPPORT PENETRATIONS n y F } f‘ 1 !/0 - 1 SNAP-N-RACK RAIL SUPPORT SYSTEM l;1l l;1l;1l;1I;1l;II;'II',jl;1l;1l;jp1l,'ll 1 ill Hlll1 I; J, III I; 11,11 BASE PLATE (51X SELF TAPPERS) — PURLIN SIDE VIEW SIN.S1 YOWLS q t . i' - Y it 1`/T a ti PROJECT LOCATION MOAB CITY HALL 217 EAST CENTER STREET MOAB, UTAH SITE PLAN %Eu CARxx[R, P.E. s°"".. , 6RR T EucIx ITT 1 TERZI' ENERGY SERVIEES L.6 i0�] SOVIx pRwi[Ir Lax[, w[sl xav[x, ul ea �1* CERTIFIER Q PRGTEReR,x. PROFESSIONAL STRVCTURV OR - MAN -L x]a-Zxsa j L•Q��� m1) PROFESSIONAL ELE /LANDSOL SURVEYOR T IIlANx151Pa-3201 SSW y#! .11 Ifs YICENSEG EFL[/SOLW EOxlelGleR _ill 39OeW- pg1ins taller tEg E[ule'f,M NuIRSER RO]1e0-2T R (eao se!-zsle EX. 201 OFFICE ROI) se9-e401 CELL 0I1 B i t 2 Agenda Page 129 of 168 75-34.+` WATT BOLARWORLO MODULES -IC -152n -141._ 1.S.rnW LRl iHl 15t1 if -152f- - - -1{- -IC lStl R .4- tw tw tRl W lR lRl W '1 .IRNaTbn xre _./ MU 3•44.01 CM iRAFST11nf+[N0% ...lift Grid ...Y,. �� . An0 LI L2 W -Y GCITFER YATE 1 I-04) MIN OF 01R0 P1.aAP wvna 0 120 r mR wLT ,Y [� twiaa an . J q \\1 ANC 14 TN* Rxaml1 � Emmy. r r ~ IT, u Lx w I uI iLe I lit L3AT rc �1.1 Jam Illi ] ID O Oa a NMI P RAG DIERCO EGT Y00� NM+I a la El a EREALER II _ -u MOUND GOAD ���aaea�e� peel 1OR16OC}9E11 .-. AINc4 71 CERTIFIED A} ; a'17 �7 C T1�0) KEN GARDNER. P.E.. LS. GARDNER ENGINEERING ALI ERNATIPE ENERGY SERVICES 2047 suUTN PAINTER LANE. WEST HAVEN. UI 0AA01 PRUTTSSIONAL [TOL ENGINEER - DIAN 154270-2202 PROTESSNINAL STRUCIGNAL ENGINEER - WAN 15432C-2201 PROTESSIONAL LAND SURYETOR - TITAN 154270-2201 NASNESED R E ELEC/SDIAR CONTRACTION - Ta ]99G60-5501 KAMP CEATIFlCATE NRURER Ru11RGR-112 WI) GS9-2615 EA. 201 OTNEE o01i 5149-0447 CELL 1 MOAB MUNICIPAL CORPORATION J CD CI CC J a¢ CDF WU n' cYS7 � r w _1 64420 WATT SOL4RWIDfLO MODULES 114-210 WATT @PHARE MC RO-RNENTENSI SUPPORT'PEPETHATICONS +*s 6'-0' SNAP-N-RACK RAIL SUPPORT SYSTEM Alai PCs.- 66994.4 XMI MO .611I ;I1,Ii,I1,I1I11411,li,li,lill 11 Il�I �li�l I11I1ulI BASE PLATE (SIX SELF TAPPERS) — PURLIN SIDE VIEW v.. •054F S •41 tT .� s16•"14.. `Ir 5 n'f r r-k AL„ ' 1 _ PROJECT LOCATION MOA.B CITY HALL 2f7 EAST CENTER STREET MOAB, UTAH STIE PLAN ,CCI:RTIFIFD Elie; HONER, Y.E., Ls. 0411''.A..„ GARSNER CN INEERING ALTERNATIVE ENERGY SERVICES YV 2047 SOUTH PANNER LANE, WEST HAVEN, UT BAA01 9. PROFESSIONAL civil [POMMELS - uTAN 154270-2202 O PROFESSIONAL STRUCTURAL ENGINEER - UTAH 154270-220S So or MORE MORAL LAM SURVEYOR - urAH 154270-7201 LICENEE0 ELEc/SOLAR CONTRACTOR - UTAH 639R160-5501 u1AN tgnle-5502 uARCEP cEROFICATE xuNEiR 3t tl06-TT (SOU 669-2616 EX. 201 OFFICE (501) 659-9447 MI. i 6 F MOAB MUNICIPAL CORPORATION r w J J w W rA 6 0 z 0U ra a¢ 0 J Y (NI N MOAB, UTAH 3 4 Agenda Page 131 of 168 94-000 WATT SOL.ARIMORLD MODULES 94-290 WATT' ENPHASE WHO -INVERTERS +�up~6.4% 1'4 CERTIFIED 4 A�i L &ile f Ll S inalTaller A� m Page 132 of 168 KEN GARDNER. P.E.. L.S. F MONER ENGMEERING ALTERNATIVE ENERGY SEWED 1047 SOUTH PAIHSER LANE. WEST HAVEN. uT PROFESSK)NAL MR ENGINEER - UTAH IN21O-2201 AL sTRUc1URAL ENGINEER - UTAH 154270-1 PROFESSIONAL LAND SLANCI IR - MAN 154270-2291 LICENSEE ELLE/SOLAR GONIRAc1OR - UTAH 8591880-5 MASTER ELECTRICIAN - 70-SSc2 NASCEP CERTIDDLTC HHM¢ER R031804-17 (801) E89-2018 EX. 201 OFFICE (DOI) Sep-ossn cuL gardner-energy.com J We are happy to help with any additional information you may need to get started on your project. Please don't hesitate to contact us. We have a passion for the environment, a desire to help reduce your energy costs, and commitment to community. 2047 PAINTER LN WEST HAVEN, UTAH 84401 rotative Energy Services e Gardner � Engineering -) L—�(c2I� - 0_ sv P. 801-689-2618 C. 801-589-0447 NAME OF PROPOSER To the City of Moab 217 East Center Street Moab, Utah 84532 COST PROPOSAL FORM Gardner Engineering Alternative Energy DATE 9/20/2016 Services, LLC. The undersigned, responsive to the "Request for Proposals" for the "Moab City Hall Roof Mounted Solar Photovoltaic System Project" and having examined the Contract Documents and the site of the proposed Work and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of labor, hereby proposes to furnish all labor, materials and supplies as required for the Work in accordance with the Contract Documents as specified and within the time set forth and at the price stated below. This price is to cover all expenses incurred in performing the Work required under the Contract Documents of which this bid is a part: I/We acknowledge receipt of the following Addenda: #1 9/15 . #2 9/19 For all work described in the Specifications and Contract Documents, I/we agree to perform for the sum of: kWpc Installed Estimated Annual kWh Output Total System Output after 25 Years (kWh) Total Build Price Moab City Hall (25kW) 25.87 42,353 974,4700 $ 78,800.00 Costs: 25 kW Mobilization, Bonds and Insurance $ 5,100.00 Materials Labor Total $ 60.500.00 $ 13,200.00 $ 78,800.00 **Alternate Bid Option**: Change to micro inverters and 60 cell SolarWorld panels - System details: 25.20 kW (84-Enphase 5280 micro inverters - 84-SolarWorld 300W mono 60 cell Cost: Mobilization, Bonds and insurance $ 5,300.00 Materials $ 68,700.00 Labor $ 13,200.00 —otal Alternate Bid: $ 87,200.00 Questions or clarifications please contact: Kyle Hartman (801)689-2618 kyle@gardner-ennergy.com cc c a) a) a Page 134 of 168 PROPOSAL FORM PAGE NO. 2 I/We guarantee that the Work will be Substantially Complete by 11/30/2016 , should I/we be the successful proposer and agree to pay liquidated damages in the amount of $500 per day for each day after expiration of the Contract Time as stated in Article 3 of the Contractor's Agreement. This bid shall be good for 45 days after bid opening. The undersigned Contractor's License Number for Utah is 6399860-5501 Upon receipt of notice of award of this bid, the undersigned agrees to execute the contract within ten (10) days, unless a shorter time is specified in the Contract Documents, and deliver acceptable Performance and Payment bonds in the prescribed form in the amount of 100% of the Contract Sum for faithful performance of the contract. Type of Organization: LLC. (Corporation, Partnership, Individual, etc.) Any request and information related to Utah Preference Laws: Questions or clarifications please contact: Kyle Hartman {801) 689-2618 kyle@gardner-ennergy.com Respectfully submitted, Kyle Hartman - Gardner Engineering AES Name of Proposer ADDRESS: 2047 Painter Ln. West Haven, UT 84401 9/20/2016 uthorizegnature D cQ CD Q CO Page 135 of 168 SUBCONTRACTORS LIST PROJECT TITLE: Moab City Hall Roof Mounoted Solar Name of Contractor Type of Work Subcontractor Bid Amount Cont. License # We certify that: I. This list includes all subcontractors as required by the instructions, including those related to the base bid as well as any alternates. 2. All subcontractors are appropriately licensed as required by State law. FIRM: DATE: SIGNED BY: ca c a) a1 Q Page 136 of 168 10/7/2016 City of Moab Mail - FW: City of Moab - Solar Power Project �ZT Y pF -mot� MC:1AB FW: City of Moab - Solar Power Project Rachel Stenta <rstenta@moabcity.org> Ben Miner <bminer@hansenallenluce.com> Fri, Oct 7, 2016 at 8:48 AM To: rstenta@moabcity.org Rachel: Gardner gave the City two quotes, one for four string inverters ($78,800) and one for a micro -inverter at each panel ($87,200). The string inverters are less expensive and Gardner's cost score was based on this since both are acceptable and meet the spec. Intermountain proposed only micro inverters ($81,545). String Inverters: These are very common and have been the industry standard. They are acceptable for this project and climate. String inverts are less expensive. These work well when partial shading of the panels is not expected and when the angle and direction of the panels are the same. If part of the array is blocked from the sun part of the day (perhaps from trees) the electrical production of all panels on the string inverter is limited to the least production panel. Micro Inverters: These are newer technology. They are acceptable for this project and climate. A separate micro - inverter is used for each panel. More inverters and the associated labor equal more cost. Power for individual panels is not reduced by a shaded panel in the string. This means that they can be more efficient. However, micro inverters will have a similar efficiency to string inverters if partial shading of the array is not a problem. With micro inverters, it is possible to track individual panels and can be easier to identify where problems occur. I noticed in the proposals that the Moab DFCM Regional Center uses string inverters. Thanks, Ben Benjamin D. Miner, M.P.A., P.E. Principal HANSEN, ALLEN & LUCE, INC. 6771 South 900 East Midvale, UT 84047 801-566-5599 www.hansenallenluce.com Agenda Page 137 of 168 https://mail.google.com/mail/u/0/?ui=2& k=0bf0a4325f&view=pt&search=i nbox&m sg=1579f9e3a5707df9&si m 1=1579f9e3a5707df9 1/3 10/7/2016 City of Moab Mail - FW: City of Moab - Solar Power Project HAM% A L.��L+E111 LUG. Em i n 0 1 11 C i R 1 Confidentiality Notice. This email message (and any attachments) is confidential and may be privileged. If you believe it has been sent to you in error, please notify the sender and delete this email. From: Rachel Stenta [mailto:rstenta@moabcity.org] Sent: Thursday, October 6, 2016 12:01 PM To: Ben Miner Subject: Re: City of Moab - Solar Power Project Hi Ben: Yes I did receive it. Thank you so much for all of your work on our project. I am sending the award to City Council for next Tuesday's meeting, could you give me quick summary of any advantages/disadvantages to micro vs. string inverters for our project or specifically to our climate? thanks again. Rachel E. Stenta Moab City Recorder Assistant City Manager (435) 259-2683 On Wed, Oct 5, 2016 at 2:14 PM, Ben Miner <bminer@hansenallenluce.com> wrote: Rachel: I just wanted to check in with you to make sure that you received our letter and scoring that we sent yesterday. Thanks, Ben Benjamin D. Miner, M.P.A., P.E. Principal HANSEN, ALLEN & LUCE, INC. 6771 South 900 East 4047 Agenda Page 138 of 168 https://m ail. googl e.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view=pt&search=i nbox&m sg=1579f9e3a5707df9&si m 1=1579f9e3a5707df9 2/3 10/7/2016 City of Moab Mail - FW: City of Moab - Solar Power Project 801-566-5599 www.hansenallenluce.com HtinsEn ALLER LU CEO \\I Confidentiality Notice. This email message (and any attachments) is confidential and may be privileged. If you believe it has been sent to you in error, please notify the sender and delete this email. Agenda Page 139 of 168 https://m ail. googl e.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view=pt&search=i nbox&m sg=1579f9e3a5707df9&si m 1=1579f9e3a5707df9 3/3 DOCUMENT 00 52 00 SAMPLE AGREEMENT THIS AGREEMENT is by and between City of Moab ("Owner") and Gardner Engineering ("Contractor"). Owner and Contractor hereby agree as follows: 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: Furnish and install a minimum 25 kW solar photovoltaic power generation system at the Moab City Hall. ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Moab City Hall Roof Mounted Solar Photovoltaic System Project ARTICLE 3 — ENGINEER 3.01 The Owner may assign an Engineer or Consultant to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority in connection with the completion of the Work in accordance with the Contract Documents. Any responsibilities relegated to the ENGINEER in the General Conditions or Supplementary Conditions will be fulfilled by the Owner. 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. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before [as negotiated with OWNER], and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before [as negotiated with OWNER] 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): 08/2016 AGREEMENT Agenda 100 Page 00 52 00 - 1 Page 140 of 168 1. Substantial Completion: Contractor shall pay Owner $ 500.00 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 $500.00 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. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.A below: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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 OWNER 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, and if the character and progress of the Work have been satisfactory to Owner, then as long as the character and progress of the Work remain satisfactory to Owner, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total 08/2016 AGREEMENT Agenda 1.100 Page 00 52 00 - 2 Page 141 of 168 payments to Contractor to 97.5 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Owner'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 provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear a maximum interest at rate of up to or equal to District's maximum interest rate, but in no case greater than 4 percent per annum. 7.02 All moneys held in retainage as provided in Article 6.02A of this Agreement shall be placed in an escrow account. Accrued interest shall be to the benefit of the Contractor. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: 8.02 Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. The CONTRACTOR shall retain design and installation experts, including a profession design engineer if needed, to provide an evaluation of the existing electrical and photovoltaic system and design of the current project system. A. 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. B. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. C. 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. D. 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, 08/2016 AGREEMENT Agenda 1.100 Page 00 52 00 - 3 Page 142 of 168 sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. 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. F. 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. G. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor. H. 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 (pages 1 to 6, inclusive). 2. Performance bond (pages 1 to 4, inclusive). 3. Payment bond (pages 1 to 4, inclusive). 4. The Contractor's proposal. 5. General Conditions (pages 1 to 65, inclusive). The General Conditions are incorporated by reference and are the EJCDC Section C- 700 2013 Edition. 6. Supplementary Conditions (pages 1 to 12, inclusive). 7. Specifications as listed in the table of contents of the request for proposal. 8. Addenda (if any). 9. Exhibits to this Agreement, identified as follows: a. NA 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. 08/2016 AGREEMENT Agenda 1.100 Page 00 52 00 - 4 Page 143 of 168 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. 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 any thing 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 noncompetitive 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, 08/2016 AGREEMENT Agenda 1.100 Page 00 52 00 - 5 Page 144 of 168 persons or their property to influence their participation in the bidding process or affect the execution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on October 12, 2016 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: By: Title: Title: authority to sign.) Attest: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of Attest: Title: Title: Address for giving notices: Address for giving notices: Ke License No.: (where applicable) (If Owner is a corporation, attach evidence of NOTE TO USER: Use in those states or authority to sign. If Owner is a public body, other jurisdictions where applicable or attach evidence of authority to sign and required. resolution or other documents authorizing execution of this Agreement.) 08/2016 AGREEMENT Agenda 1.100 Page 00 52 00 - 6 Page 145 of 168 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING October si, 2016 / Agenda Item #: 7-6 Title: Award of the Cyber Security and IT Support Services Contract Fiscal Impact: FY 2016-2017 $65,745 (included in Budget) Staff Presenter(s): IT Selection Committee Department: Recorder Applicant: N/A Background/Summary: As you are aware, we have conducted a competitive process to procure Cyber Security and IT Support Services. A Request for Proposals (RFP) was advertised and closed on August 26, 2016. Five proposals were received by the deadline. An IT Selection Committee was formed, representing Department Heads and Super Users. Committee members are: Amy Weiser — Community Development Director, Tif Miller — Parks, Recreation and Trails Director, Leigh Anne Reinhart — Administrative Assistant, Jamie Hulce — Administrative Assistant, Bret Edge — Police Sergeant and Rachel Stenta — City Recorder/Assistant City Manager. The Committee reviewed all proposals and rated and ranked them based on the selection criteria established in the RFP. Firms were ranked on scales of 1-5 and 1-10 in the various categories with cumulative scores determining overall ranking. Based on these rankings, two firms were chosen as finalists and were interviewed in person by the committee. The firms were very close in scoring after the interviews. The Committee checked references after the interviews and determined a final recommendation. Based on scoring, interviews and reference checks, the IT Selection Committee would like to recommend awarding the contract for Cyber Security and IT Support Services to Provelocity, an IT firm in Grand Junction, Colorado. They have bid a flat rate of $7,305 per month which includes 24/7/365 Cyber Security Services and IT Support. The firm does not charge for travel and offers on -site as well as remote support. Their references were excellent. You may recall that the budget anticipated a full time IT position which was budgeted at about $106,000 annually. Our recommendation is that we outsource IT Support and Cyber Security Services for at least the next year or until we can assess the feasibility of hiring and maintaining a full time IT department. 1 Agenda Page 146 of 168 Our departments require a service level of 24/7/365 and a full time position can't offer that. By utilizing a firm, we receive the benefit of many individuals with expert IT skills and diverse knowledge who also maintain a high level of training and certifications in order to remain competitive. The committee and recommended vendor will be attending the Council meeting if you would like further information or have any questions. Options: Approve, Deny or Postpone Staff Recommendation: The IT Selection Committee recommends approval of the Cyber Security and IT Services Contract to Provelocity in the amount of $7,305 per month ($87,660 for a 12-month period). Recommended Motion: Move to approve item 7-6 Attachment(s): IT Services Contract Proposal from vendor Agenda Page 147 of 168 aciry INFORMATION TECHNOLOGY SECURITY (CYBER SECURITY) AND INFORMATION TECHNOLOGY SUPPORT SERVICES City of Moab August 11, 2016 Prepared by: Prepared for: Jon Labrum Rachel E. Stenta President City Recorder/Assistant City Manager ProVelocity City of Moab 2536 Rimrock Ave - Suite 400-387 217 East Center Street Grand Junction, CO 81505 Moab, UT 84532 (970) 263-6910 (435) 259-5121 jlabrum@provelocity.com rstenta@moabcity.org Valid until November 17, 2016 Agenda Page 148 of 168 Contents a. Executive Summary 1 b. Proposal Details 2 c. Documentation 9 d. Implementation & Cost Options 9 e. Contract Documents 10 f. Exceptions 10 g. Qualifications and References 10 h. Company outline 13 i. Experience and services offered 13 j. Partnerships and relationships to date 13 k. Current and future strategies in the marketplace 14 I. Information on current clients 14 Agenda Page 149 of 168 a. Executive Summary City of Moab Attn: Rachel E. Stenta ProVelocity is a network and technology solutions firm that provides professional IT services to individuals and business of all sizes. Since 2001 ProVelocity has taken care of customers in Utah, Colorado and across the United States/Canada. Many of our clients include local nonprofits and local government such as City of Fruita and Pitkin County. We specialize in helping local government with IT services and look forward working with the City of Moab team to provide an effective IT solution. We are able to provide a complete Security & Technology Support solution for the City of Moab for $7,305 per month. This includes onsite support, security compliance, network & server management, support for mission critical applications, coordination with technology vendors, reporting, coordination with department personal on technology related projects and our honest advice on best practices in technology and government. In this process we expect to identify some cost savings for the City on existing services, hardware, software, and labor expenses. An outside audit of security and controls should still be performed annually by an approved vendor though we will provide any coordination and remediation as needed. Our goal is to provide a stable and effective technology platform to enable the City of Moab to deliver the best services possible to the Citizens and visitors of Moab. We look forward to meeting your team and discussing our solution further with you. Jon Labrum is the President of ProVelocity located at 360 Grand Avenue — Suite 201, Grand Junction, CO 81501. All correspondence should be directed to Jon Labrum via US Mail at 2536 Rimrock Ave - Suite 400-387, via telephone directly at (970) 263-6910 or via email at jlabrum@provelocity.com. This summary is signed by our President who is a corporate officer and it is legally binding. The following proposal and cost schedule shall be valid and binding for ninety (90) days (November, 17, 2016) following proposal due date and will become part of the contract that is negotiated with the City of Moab. President - ProVelocity Page 1 of 14 Agenda Page 150 of 168 b. Proposal Details Part 1- Scope of Services / Proposal Requirements — Cyber Security 1) Our strategy with respect to security configuration of internal and public -facing infrastructure is to conduct continual review and testing. We will establish a baseline methods & systems test of the security and configuration of internal and public -facing infrastructure of the City of Moab. We will provide remediation as determined by the assessments and propose potential solutions to City management. 2) ProVelocity will continually evaluate the security of information technology systems and networks to ensure the effectiveness of deployed security measures. We will utilize software and processes to ensure proper notification and management of an event. 3) We will establish a protocol for continual review of the security and configuration for internal City of Moab IT infrastructure. This includes the associated networks and systems with a perspective of ensuring confidentiality, integrity and availability of data and information systems. 4) ProVelocity will continually review the security of the City's SCADA network and its maintenance/control systems. We will coordinate with the appropriate SCADA vendor for installation, support, and management of IT systems related to the SCADA systems. We provide support for existing City SCADA systems and are familiar with the technology and requirements for management. 5) Our security expert will review of the security associated with web applications, hosted websites, VPNs and extranets in the City DMZ. 6) We will verify the perimeter security controls and collaborate on access control best practices and management. 7) Our team will identify and recommend safeguards suited to the City of Moab's environment with the aim to strengthen the level of protection of the City of Moab IT infrastructure. We will help develop and/or maintain security plans, disaster recovery plans and other documents needed to support the City of Moab's IT needs. 8) Our documentation will include breach management process and procedures and we will coordinate with City staff as needed in response to an incident. There will be no additional cost for these services or in the event of a breech. 9) We will manage Incident Response for phishing and advanced malware threats including communication with City staff and others as needed. 10) We will facilitate the creation of a data compromise plan with alignment to the State of Utah's breach notification requirements. 11) Our services will include review of compliance for all point -of -sale systems including meeting PCI and other regulatory requirements including CJIS. Agenda Page 151 of 168 12) Systems will be reviewed and monitored for security best practices and vulnerabilities utilizing a combination of vulnerability assessment tools and review of system configurations and security processes. 13) Please see our reference list of evidence of successful customers and projects we have managed. Our team would be happy to meet and discuss the solutions we provide to City of Fruita, Town of Palisade, and Pitkin County as they most closely resemble your needs. 14) References: Please see our attached references. 15) Please find qualifications for our technology team members below a) Jon Labrum — Jon will provide project management and advanced technical assistance to the implementation team as needed. He will build a relationship with key personnel at the City to ensure a good technology relationship with the departments. Jon has over 16 years of experience in working with local government technology. He has supported large organizations with over 1,300 computers and 15 sites and setup data center environments. He has a strong background in working with telecom providers and is experienced in voice and data technology. b) Ross Bentzler — is our Cyber Security Specialist who will be working on your project and overseeing ongoing security management. He has over 13 years of experience in the field with several industries recognized certifications, CISSP, GSEC, GCWN, GCED, GMON, Sans Securing the Human MGT433. He has extensive experience with PCI, HIPPA, CJIS, and other industry related requirements. c) TJ Forsman — TJ Forsman will be responsible for the management of server and application environments. He will coordinate with the needed vendors to provide a complete solution. TJ will work closely with Town staff to ensure the proper management and continuity of key business process applications. TJ is very friendly and has extensive experience supporting our customers SCADA, accounting, public safety, and other City focused applications. He works closely with City of Fruita and Town of Palisade and is very familiar with the needs of local government. d) Brandon Taylor — Brandon will manage the network infrastructure including wireless, switching, routing, VPN, and firewalls. Brandon will work closely with the City to ensure application and network availability. Brandon has valuable experience and is CCNA certified with Cisco. e) Additional technicians will be assigned to work with TJ, Brandon, Ross, and Jon as needed to ensure a smooth management of each key hardware and software resources. We will always have a presence in Moab for onsite support to ensure we are able to respond to any events or support needs 24x7x365. We are also happy to have our staff trained or certified in items specific to your environment including CISSP, CCIE, CCSC, SCADA specific certification and MCSE. Our team has extensive experience with Google Apps supporting nearly 400 users. We have worked with previous clients to ensure our staffs development meets the needs of the City. There are no additional costs for these resources, meeting training requirements/certifications or for the enhanced support levels. Agenda Page 152 of 168 Management Deliverables and Reports ProVelocity will provide summarized reports to meet your needs the City of Moab detailing any security threats or any need for further security implementation as outlined in the scope of work. More importantly we are happy to meet with the individuals reviewing the reports to help interpret the results and answer any questions about them. This includes City staff, auditors or City Council members. Total Cost Summary Prices below are valid for 90 days. Please find a breakdown of our proposed cost of services below. • Professional Services (hourly rates) — Hourly Rate is included in flat rate below; no other hourly charges will be assessed. • Any additional services deemed critical to the project (if not included above) — no additional services are deemed critical to the project • Travel Expenses (if not included above) — there are no other travel costs associated with this project • Miscellaneous (explain, in detail) — no other expenses will be incurred for this project scope • Other costs (specify, in detail) — no other expenses will be incurred for this project scope • Cost per hour for additional services — no other hourly expenses will be incurred for this project scope Monthly Managed Technology Service Cost IT Service & Security Cost $ 7,305.00 Total Monthly Cost $ 7,305.00 Our cost associated with IT Security is based upon the scope of work as detailed in the RFP documentation outlined in the scope of work Cyber Security Part 1. In the event another vendor is awarded the security portion of this project we can provide IT services or security together or separately to complement the other solution. Approach and Methodology • The Proposer's overall support strategy/philosophy o Our overall support strategy is to provide prompt technical support to users while providing a stable network and service environment for hosting applications and services critical to the organization. We believe strongly in helping others and building a good team with all who are involved including City staff, outside vendors, and our team. Many of our customers invite our staff to company BBQ's and we enjoy being a part of the team. • The approach Proposer will take to carry out the work objective o We will take a friendly and thoughtful approach to providing IT and security services to the City of Moab. Agenda Page 153 of 168 " Moab City currently has on -site personnel that handle the IT issues within their respective departments. Discuss how you address the "culture shift" that will be caused by changing our support model. o This is one of the most important questions in this RFP. Our team will work to build a good relationship with all City personnel with special attention to the person in each department that is the team lead for technology. We can help fill any gaps and will be available to answer any questions they might have. We will also work closely with them during implementations and change management processes. Please ask us more about this in the interview and we can tell you how we have solved similar challenges including coordination between City, County and other intergovernmental organizations. " Assumptions, i.e. requirements, risks, and expectations used to develop the Proposal o We understand the requirements, risks, and expectations demanded by responding to this proposal. We also understand that it may require us to meet with staff to discuss IT solutions and coordinate with staff and outside vendors. We are happy to come onsite and meet with any individuals needed. " An explanation of the problem reporting and resolution process that describes the Proposer's support plan, including tiers, service levels, call escalation, the person(s) authorized to close problem reports, etc. o We do not have tiers of support. Instead we have a team with expertise and a strong knowledgebase that we use to provide prompt resolution to City support needs. We answer our phones, respond to emails right away, and treat even small questions with care. Jon Labrum is available by phone or email any time if an issue needs to be escalated. Part 2 - Scope of Services  Information Technology Support Services a. Server architecture ProVelocity will manage City of Moab servers and networks to include complex application, database, messaging, web and other servers and associated hardware, software, communications, and operating systems necessary for the quality, security, performance, availability, recoverability and reliability of the system. We will ensure scheduled preventative maintenance for equipment is properly and promptly performed; maintain the maintenance records on the equipment; assist in the development of operations, administrative and quality assurance back-up plans and procedural documentation. Set up new users and edit or remove existing users from the servers. Server performance and capacity management services with reporting when specified thresholds are reached. ProVelocity, with the coordination of software vendors, will support all software products for the City of Moab and associated departments. We will manage user logins and network security. ProVelocity will coordinate any repairs or maintenance work with designated City personnel to ensure repairs are conducted in a timely fashion. Agenda Page 154 of 168 We will coordinate with administration on technology projects with assistance in discovery, planning, implementation, and management phases. Our team has experience coordinating with telecom and fiber optic vendors to support City owned fiber optic networks, PTP links, wireless, and other technologies. We complete all tasks with a sense of urgency and plan projects to ensure that they are completed with minimal down time to the end users. These services are all included in our managed services at no additional charge. b. System monitoring architecture We will utilize an existing system Splunk monitoring platform or we can help provide a solution to monitor and manage critical system infrastructure to ensure it is always available. We will make recommendations to the City about needs for hardware replacement or equipment needed to safeguard a high level of availability. It is important to monitor the network and server connectivity to assure uptime for critical applications. c. Storage architecture We will manage existing storage environments. We can help upgrade and replace equipment as needed. All of these services are included in our services which often leads to cost savings in training and implementation. We are familiar with all common SAN manufacturers and legacy systems. d. Virtualization architecture We are familiar with VMware, Citrix, Hyper-V and other virtualization technologies. We will provide support and management of these environments. e. High Availability for Critical Applications We will ensure high availability of critical applications and services. We understand the importance of these applications and services for the business continuity of the City departments and ultimately the citizens. f. Network architecture We will manage, monitor, maintain and make recommendations to the City for ongoing maintenance, growth, and management of the City's network architecture to support existing and future applications. g. VPN architecture We are familiar with and will provide support for the VPN environment and will ensure it meets the required regulatory security requirements. h. Technical Support Our team has a focus on prompt support when it comes to IT problems. We work around users schedule to minimize the impact of changes to their work day. This often means we will work nights and weekends to setup new servers or install applications to ensure upgrades go smoothly for users. This after-hours approach comes at no cost to your organization. Agenda Page 155 of 168 i. Help Desk Support ProVelocity help desk is available 24x7x365 including all holidays. We do not have a priority system for user's problems as we believe all issues are important and need prompt resolution. Our typical resolution time is around 15 minutes and almost all issues not waiting on parts or a software vendor are resolved the same day. Users can ask us a question as we are walking down the hall, give us a call, email, open ticket thru a support portal, or contact us by any other method and we will provide support to them immediately. We track all issues thru tickets and are able to provide reporting based on this information as needed. This is included in our managed services quote. J. PC and Mac Support We provide support to PC and Mac equally and have several customers with Mac environments. k. Active Directory / Group policy architecture We are very familiar with AD and GPO and will utilize them effectively to manage your IT environment. I. Cloud antivirus support We are able to provide support for cloud antivirus solutions and will work with your existing Sophos or a new AV provider if you choose to ensure updates, protection and compliance. We have extensive experience working in cloud and hybrid cloud environments. m. Parallels on OS X with Windows joined to the Active Directory domain We are familiar with Parallels and are able to provide support for this environment. n. Cloud wireless via Meraki cloud controllers We are a certified Meraki solution provider and will be happy to support your environment. o. Knowledge base or wiki development of common user issues to lower low hanging IT service requests We maintain a knowledgebase ourselves and find it to be a very effective and efficient way to share information on common requests or issues. We are happy to help keep this information updated and relevant to users. While some users enjoy using the KB others might prefer a person to help them and we are happy to help those users without pushing them to a KB resource. Our goal is to provide information and help how users want it. Our team is happy to aid Moab staff and provide staff augmentation on highly technical implementations during the course of the agreement. We will be happy to be present in face- to-face meetings, provide presentations, implementation, analysis, reports, recommendations and support. Our commitment is to always have a presence in Moab and we are willing to come to any meetings needed to ensure a good solution for the City and to provide technical advice to the best of our ability. There will be no additional costs for travel, lodging, or meals for our services to the City. Agenda I Page 156 of 168 Management Deliverables and Reports ProVelocity will provide reports and presentations to meet the needs the City of Moab. We find that it is best to sit down with the group needing information and build reports to their requirements. We have helped several of our other government customers in this manner and found it to be the most efficient. Some common reports we have used are computer inventory, software inventory, antivirus, ticket resolutions. We are happy to ensure reporting meets your needs and will meet with stakeholders to review reports and answer questions. Total Cost Summary Breakdown of pricing model: • What is the pricing model? Fixed fee, hourly rate, hybrid, other? — our pricing is fixed pricing based on number of computers and servers support, our services are month to month and require no long term commitment, we are also happy to provide a month free if you would like to try our services before committing to a long term agreement, we feel it is important to have a win/win solution for both parties • What services are included in the pricing? Address specifically the following (and feel free to include anything not included in this list): o On -site time - included o Help -desk support - included o After hours support — included 24x7x365 o Response time/problem resolution time — included — 15-minute response if call is not answered, we will always have someone in Moab able to resolve onsite issues o Travel time - included o Vendor management - included o Training - included o Regular in -person business review - included o Regular reporting on system health in business terms - included o Response to major system problems or outages - included Monthly Managed Technology Service Cost IT Service & Security Cost $ 7,305.00 Total Monthly Cost $ 7,305.00 Our cost associated with Information Technology Support Services is based upon the scope of work as detailed in the RFP documentation Part 2 Scope of Services proposal requirements — Information Technology Support Services. Approach and Methodology • The Proposer's overall support strategy/philosophy o Our overall support strategy is to provide prompt technical support to users while providing a stable network and service environment for hosting applications and services critical to the organization. We believe strongly in Agenda Page 157 of 168 helping others and building a good team with all who are involved including City staff, outside vendors, and our team. Many of our customers invite our staff to company BBQ's and we enjoy being a part of the team. • The approach Proposer will take to carry out the work objective o We will take a friendly and thoughtful approach to providing IT and security services to the City of Moab. • Moab City currently has on -site personnel that handle the IT issues within their respective departments. Discuss how you address the "culture shift" that will be caused by changing our support model. o This is one of the most important questions in this RFP. Our team will work to build a good relationship with all City personnel with special attention to the person in each department that shares most of the IT support now. We can help fill any gaps and will be available to answer any questions they might have. We will also work closely with them during implementations and change management processes. Please ask us more about this in the interview and we can tell you how we made a strong fit with Pitkin County. • Assumptions, i.e. requirements, risks, and expectations used to develop the Proposal o We understand the requirements, risks, and expectations demanded by responding to this proposal. • An explanation of the problem reporting and resolution process that describes the Proposer's support plan, including tiers, service levels, call escalation, the person(s) authorized to close problem reports, etc. o We do not have tiers of support. Instead we have a team with expertise and a strong knowledgebase that we use to provide prompt resolution to City support needs. We answer our phones, respond to emails right away, and treat even small questions with care. Jon Labrum is available by phone or email any time if an issue needs to be escalated. c. Documentation Our solutions are tailored to our customers. You can find a brief overview of our services on our website, at www.provelocity.com, by reading our description of services provided to similar customers in the references area below, or we would be happy to have a meeting and address any specific questions that might be outstanding. d. Implementation & Cost Options Our solution is priced based on the number of phones computers and servers that the City utilizes. We are open to providing a more scaled service cost approach if needed, but find that most of our clients like having a fixed budget friendly cost for IT services each year. This service includes support for everything requested in this RFP and there are no hourly service charges outside of this agreement. We will provide coordinate for ongoing projects and help in planning for the Town at no additional cost. There is no cost for setup of new hardware, travel, Page 9 of 14 Agenda I Page 158 of 168 or other related expenses. Here is a breakdown of monthly services requested based on the information we found in the RFP. Monthly Managed Technology Service Cost IT Service & Security Cost $ 7,305.00 Total Monthly Cost $ 7,305.00 We look forward to meeting the City personnel and providing a good technology solution for your team. e. Contract Documents We find that most Cities and Counties have a standard contract document that is acceptable. We are also happy to construct a standard service agreement to meet our requirements as a team. ProVelocity meets or exceeds the insurance Employment practices and requirements as outlined in the RFP. We will be happy to provide documentation upon successful award of the contract. f. Exceptions ProVelocity has no exceptions with respect to City of Moab Proposal Submittal Requirements. g. Qualifications and References We have extensive experience helping City and local governments with their technology needs. From a complete outsourced IT department to hourly services we are able to provide a good solution for any technology need. We are able to fix our costs to help ensure that your organization can meet its financial requirements while having access to technical support and IT management. We will work with you to build the best technology strategy to support the City of Moab. Thank you for asking to contact some of our current clients. Existing clients are our number one source for new business. We believe strongly in making sure every client is happy with the service we provide. Please contact the following references: • Pitkin County (County Government) o John Loyd - Chief Technology Officer- (970) 920-5211- john.loyd@pitkincounty.com o In 2014 we began providing a complete outsourced technology solution for Pitkin County. In the process they were able to save 30% on their technology spend and repurpose these funds towards Process Analysts to help the county make better of use of technology to help the public more efficiently and effectivity. Page 10 of 14 Agenda Page 159 of 168 i. Complete helpdesk and onsite support for users of all departments including, public works, waste water treatment, police department, parks & recreation, engineering, planning, administration, court, health/human service, and county commissioners. ii. Setup, management, and maintenance of Storage Area Network with VMware Server system and virtualization of servers for redundancy and scalability iii. Management, design, and planning for private dark fiber network between each city building spanning more than 20 miles iv. Setup and management of Voice over IP phone system utilizing Avaya IP phones and providing direct dial and call routing between all facilities over internal fiber network and PRI to PSTN v. Basic disaster recovery planning, offsite backup, and onsite disaster recovery backup setup, management, and monitoring vi. Advanced live disaster recovery failover for critical applications vii. Management of county wide network camera system with centralized recording and monitoring for those who are needed via fiber network viii. Setup and management of sheriff's patrol computers, wireless WAN, and software installation/troubleshooting ix. Coordination with other governmental entities & outside vendors as needed for applications/database sharing, telco, internet and POTS connectivity needs x. Planning & implementation of 5-year computer infrastructure replacement including server, desktop, network, and WAN • City of Fruita (Local Government) o Odette Brach — IT Manager/HR Director - (970) 858-8373 — obrach@fruita.org o In 2008 we began providing help desk support for the City of Fruita. Since then we have transitioned to provide a complete Information Technology department solution to encompass the following areas for City of Fruita: i. Complete helpdesk and onsite support for users of all departments including, public works, waste water treatment, police department, parks & recreation, engineering, planning, administration, local court, and city council. ii. Setup, management, and maintenance of Storage Area Network with Blade Server system and virtualization of servers for redundancy and scalability iii. On premise Exchange 2010 installation & maintenance including spam and virus filtering iv. Support for public works SCADA control system for waste water treatment facility and camera scope system for public works Page 11 of 14 Agenda Page 160 of 168 v. Management, design, and planning for private dark fiber network between each city building spanning more than 10 miles vi. Setup and management of Voice over IP phone system utilizing Polycom phones and providing direct dial and call routing between all facilities over internal fiber network and PRI to PSTN vii. Basic disaster recovery planning, offsite backup, and onsite disaster recovery backup setup, management, and monitoring viii. Implementation and management of city wide network camera system with centralized recording and monitoring for those who are needed via fiber network ix. Setup and training of iPads for city council paperless initiative x. Setup and management of patrol car computers, wireless WAN, and software installation/troubleshooting xi. Coordination with other governmental entities & outside vendors as needed for applications/database sharing, telco, internet and POTS connectivity needs xii. Planning & implementation of 5-year computer infrastructure replacement including server, desktop, network, and WAN xiii. Support of all software applications for administration, parks & rec; engineering; planning; public works; and police department including interfacing with software vendors in the sales, implementation, and support lifecycles xiv. We work with City of Fruita on a daily basis in planning for future technology needs at a department level including: fiber plant maintenance/growth; police department growing technology needs; mobile devices in patrol cars; SCADA control systems at public works/waste water treatment; wireless network connectivity for City events; connectivity and collaboration of shared applications with the County and other governmental agencies; identifying technology needs and planning for support of future services; participating in meetings as needed to provide technology vision and guidance • Grand Junction Incubator (Non -Profit) o Jon Maraschin - Executive Director - (970) 243-5242 - jmaraschin@gjincubatonorq o Since 2008 we have provided IT services to the Incubator including basic desktop support, software support, server maintenance, network design and planning, wireless network management, and we helped bring fiber internet to their facility. We also help their clients, small startup businesses, with computer support and troubleshooting. Please let our references know you are calling about ProVelocity and Jon Labrum gave you their number or email. Page 12 of 14 Agenda Page 161 of 168 h. Company outline ProVelocity is a network and technology solutions firm that provides professional IT services to individuals and business of all sizes. Since 2001 ProVelocity has taken care of customers in Utah, Colorado and across the United States/Canada. Many of our clients include local nonprofits, government, energy sector, and medical practices. We specialize in helping local government with IT services and are very interested in working with the City of Moab to provide a viable IT Security & IT Systems solution. ProVelocity Computers has been in business for 15 years. Highly responsive, support and follow-up, are the biggest value we bring to our clients. We believe in taking care of problems right away and being proactive. Here are a few reasons why our clients choose us: o We are friendly and explain problems & solutions in plain English that anyone can understand. o We help find solutions that improve your organization and save money. o We believe your technology should work all the time and we work around your schedule. o We are available anytime day or night with staff in our office 7 days a week. o We ensure the project or problem is fully resolved in a timely manner and follow-up. Organizations choose ProVelocity primarily for our quick response times and attention to detail. We work hard to setup everything right the first time and follow-up to make sure that any problems are fully resolved. Most of our clients have been with us for 5 or more years and our primary source for new clients is from referrals. We do what's best for the client and work hard to deliver what we promise. Many of our clients treat us as they would a valued employee. We look forward to building a lasting relationship with your organization. i. Experience and services offered Please review our detailed breakdown of references above and our website for more information on experience and services offered. We like to coordinate our offering to the needs of our customer. We would be happy to discuss any questions on our services offering at the time of interview. j. Partnerships and relationships to date We work closely with vendors as needed and build strong relationships and partnerships with them. Many of the vendors the City of Moab currently uses for software, hardware, and internet services we also have good relationships with. We are able to utilize these connections to ensure the best service and support for the City of Moab. While we have many existing relationships we will build new relationships with any vendors the City of Moab currently uses and we will coordinate with software vendors and staff to ensure a good solution instead of pointing fingers. We take ownership and see things are resolved for the organization and users. Agenda Page 162 of 168 k. Current and future strategies in the marketplace We have a focus on delivering cost effective and quality IT services to local government organizations. Our many years in the field enable us to collaborate with the staff inside the organization as well as build strong relationships and partnerships with other community stake holders such as public safety, GIS, County, fire departments, 911 dispatch, State, and Colorado Bureau of Investigations organizations. It is important to have a good communicator in technology when collaborating with other organizations in the community. Technology empowers communities to work together. I. Information on current clients ProVelocity Computers currently has approximately 175 clients with about 15 in local government in Western Colorado. We have a diverse customer base that enable us to bring good solutions to our family of customers. Agenda Page 163 of 168 MANAGED SERVICES AGREEMENT This agreement for IT services ("Agreement") is entered into between the City of Moab (Client) and ProVelocity LLC (IT Services Firm). Background: A. The Client is of the opinion that the IT Services Firm has the necessary qualifications, experience and abilities to provide IT services to the Client. B. The IT Services Firm is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: 1. Services Provided. The Client hereby agrees to engage the IT Services Firm to provide the Client with services as proposed. The Services will also include any other tasks which the parties may agree on in the future. The IT Services Firm hereby agrees to provide such Services to the Client. 2. Term of Agreement. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect for 12 months from the date of the Agreement, subject to earlier termination as provided in this Agreement, with the option of annual renewals. 3. Termination. In the event that either party wishes to terminate this Agreement, that party will be required to provide a notice period of 1 month. 4. Obligations. Except as otherwise provided in this Agreement, the obligations of the IT Services Firm will terminate upon the earlier of the IT Services Firm ceasing to be engaged by the Client or the termination of this Agreement by the Client or the IT Services Firm. 5. Monthly Compensation. For the services rendered regularly by the IT Services Firm as required by this Agreement, the Client will pay to the IT Services Firm compensation as indicated by the Proposal, attached as Exhibit 1. This compensation will be payable on a monthly basis, while this Agreement is in force. All sums properly billed under this Agreement are due no later than 30 days from the date of billing. 6. Additional Compensation. In addition to the above compensation, the IT Services Firm will be entitled to the compensation for performing services as proposed and agreed upon by the Client and IT Services Firm based on future written proposal(s) as may be approved by the parties.. 7. Sale of Goods. In addition to the services listed above, the IT Services Firm may provide goods for the Client to purchase. Prior to the IT Services Firm placing the order for the goods the Client will sign off on a Purchase Order indicating that it agrees to order and pay for said goods. IT Services Firm will make its best effort to include any details surrounding the order including: customer PO number, 1 Agenda Page 164 of 168 price, description of who or what project the item is for, and any other information available. A 50% deposit may be required prior to placing the order for special order items and a 35% restocking fee will be applied to any Goods returned or orders canceled after a signed Purchase Order has been received. Returns will be allowed on a case by case basis with Manager approval. 8. Goods Warranty. All goods delivered shall be new and carry the manufacturer's warranty. All warranty work will be provided by the manufacturer. IT Services Firm shall promptly deliver all warranty information to the Client so as to allow Client to obtain warranty benefits. The IT Services Firm does not provide any direct warranty on goods. Extended warranty options are available on most goods upon request. 9. Billing Periods. All services are billed weekly, monthly, or yearly as noted on the Proposal or invoice. Invoices for goods sold are sent on the date the goods are shipped. 10. Reimbursement of Expenses. The IT Services Firm will be reimbursed for expenses incurred in the performance of this Agreement pursuant to the schedule(s) in the attached Proposal or future proposals. The IT Services Firm will furnish to Client invoices for all such reimbursable expenses contemporaneous with any billing to Client. 11. Payment Terms. In the event that the Client does not comply with the rates, amounts or dates of pay provided in this Agreement, a late payment penalty will be charged as follows: The Client will pay an additional 18% per year for each day that payment is beyond terms under this Agreement. 12. Notice of Disconnect. Service disconnect notices will be provided to the Client should the need arise. Disconnect notices will be provided to the email address on file for the Client as specified in this Agreement. A minimum of one and a maximum of two disconnect notices will be provided to Client. The first notice will be provided a minimum of seven business days prior to disconnection of services. The second notice will be provided a minimum of three business day prior to disconnection of services. The IT Services Firm will make its best effort to work with the Client. Services will be disconnected for failure to pay by date required on invoice. 13. Warranties. The IT Services Firm warrants that the Services to be provided under this Agreement shall be performed in a professional manner conforming to generally accepted industry standards and practices. The Client agrees that the IT Services Firm's sole and exclusive obligation with respect to the Services covered by this limited warranty shall be, at the IT Services Firm's sole discretion, to correct the nonconformity or to refund the Services Fees paid for the affected consulting services. 14. Client Confidentiality. In the course of providing services under this Agreement IT Services Firm may have access to data of the Client which is proprietary, confidential, and/or subject to legal restrictions applicable to disclosure. Without limiting same, this data may include utility control systems, customer credit card information, personnel files, passwords, payroll records, police files, or other confidential data. The IT Services Firm agrees that it will not disclose, divulge, reveal, report, or use, for any purpose, any information with respect to the business of the Client, which the IT Services Firm has obtained, except upon the advance written consent of the Client. IT Services Firm agrees that it will only access the systems of the Client for the purposes set forth in this Agreement, and no other. Unauthorized access, deletion, downloading, alteration, or manipulation of Client files or systems shall be a material breach of this Agreement. It Services Firm shall assure that all of its personnel are 2 Agenda Page 165 of 168 aware of, and abide by, the confidentiality provisions of this Agreement. Any violation of this Agreement may subject IT Services Firm to liability for damages and/or criminal prosecution as may be provided by other law. This obligation will survive indefinitely upon termination of this Agreement. 15. IT Services Firm Confidentiality. The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the IT Services Firm, which the Client has obtained including systems and processes not specifically defined in the services provided. This obligation will survive indefinitely upon termination of this Agreement. 16. Ownership of Materials. All materials developed, produced, or in the process of being so as defined in the Proposal will be the property of the Client. Any other materials developed, produced, in the process or used by the IT Services Firm and not defined in the Proposal will be the property of the IT Services Firm. The use of the mentioned materials by the Client will not be restricted in any manner. The IT Services Firm may retain use of the said materials and will not be responsible for damages resulting from their use for work other than services contracted for in this Agreement. 17. Return of Property. Upon the expiration or termination of this Agreement, the IT Services Firm will return to the Client any property, documentation, records, or confidential information which is the property of the Client in physical form or on electronic media. Upon expiration or termination of this Agreement all passwords or software providing access to Client systems shall be deleted or disabled. 18. IT Services Firm Employees. The IT Services Firm regards its employees as valuable assets of the organization, it is expected that the Client will in no way solicit a IT Services Firm employee for hire or for consulting services outside of this Managed Services Agreement without written authorization from a principle of the IT Services Firm or for two years following termination of said employee from the IT Services Firm. Likewise the IT Services firm will not hire an employee of a Client without express written consent from the Client. 19. Assignment. The IT Services Firm and the Client will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the other party. 20. Capacity. It is expressly agreed that the IT Services Firm is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The IT Services Firm and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. 21. Modification of Agreement. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party. To be valid, modifications to this Agreement affecting the Client must be executed by the Mayor and the City Recorder. 22. Notice. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as indicated by "Attachment F - Contact Information" or to such other address as to which any Party may from time to time notify the other. 3 Agenda Page 166 of 168 23. Costs and Legal Expenses. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action. 24. Entire Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. 25. Indemnification. The IT Services Firm will indemnify and hold the Client harmless from any claims against the Client by any other party arising, directly or indirectly, out of the acts, omissions, or the provision of the services by the IT Services Firm or its personnel under this Agreement. 26. Currency. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars. 27. Governing Law. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreementshall be construed in accordance with and governed by the laws of the State of Utah. The exclusive venue for any dispute arising under this Agreement shall be the Seventh Judicial District Court, Grand County, Utah. Dispute Resolution. In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. 28. Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable, in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. 29. Wavier. The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions. In witness whereof the parties have duly executed this Managed Services Agreement on: Accepted and Agreed: IT Services Provider: Client: ProVelocity Company City of Moab By By David Sakrison, Mayor Name Attest: Title Rachel Stenta, Recorder Date Email 4 Agenda Page 167 of 168 Contact Information for IT Services Provider: ProVelocity 2536 Rimrock Ave - Suite 400-387 Grand Junction, CO 81505 (970) 263-6910 jlabrum@provelocity.com Contact Information for Client: City of Moab 217 East Center St. Moab, Utah 84532 (435) 259-2683 rstenta@moabcity.org Agenda Page 168 of 168