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PKT-CC-2016-10-25
Moab City Council October 25, 2016 Pre -Council Workshop **5:30 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 117 Agenda Page 2 of 117 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 25, 2016 at 5:30 p.m. 5:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: Presentation of the 2016 Moab City Salary Survey by Mike Swallow of Personnel Systems, Incorporated PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 October 4, 2016 1-2 October 6, 2016 CITIZENS TO BE HEARD PRESENTATIONS/PROCLAMATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for October 2016 for Helen M. Knight School 3-2 Presentation by Deb Barton of the Grand County Special Service Solid Waste District #1 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 PUBLIC HEARING (Approximately 7:15 PM) 5-1 Solicitation of Public Input on the Moab City Wastewater Treatment Plant Facilities Master Plan and the Moab Wastewater Treatment Plant Relocation Final Environmental Study (Environmental Assessment) Agenda Page 3 of 117 SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Special Business Event License for Canyonlands Community Recycling for an Upscaled Art Party Fundraiser at the Moab Arts and Recreation Center (MARC) at 111 East and 100 North on November 19, 2016 SECTION 7: NEW BUSINESS 7-1 Confirmation of Mayoral Appointment of the Public Works Director 7-2 Approval of Proposed Resolution #26-2016 — A Resolution to Accept the Storm Water System Improvements and Release the Warranty Assurance Funds for Said Improvements in Deer Trail Subdivision 7-3 Approval Proposed Resolution #27-2016 — A Resolution Approving a Petition for a Boundary Line Adjustment located at 526 Locust Lane 7-4 Approval of 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 7-5 First Reading and Request to Send to Public Hearing Proposed Ordinance #2016-08 — An Ordinance Amending Chapter 13.25 of the City of Moab Municipal Code with New Amounts for the Sewer Impact Fee 7-6 Request to Send Proposed Ordinance #2016-14 — An Ordinance Amending the Classified Hourly Pay Rate Schedule and Exempt Officials Salaries to Public Hearing 7-7 Approval of the Public Defender Services Proposal and Contract 7-8 Discussion Regarding Coffee with the Council Meetings 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: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 117 MOAB CITY COUNCIL SPECIAL CITY COUNCIL MEETING October 4, 2016 The Moab City Council held a Special City Council Meeting on the above date in the City Council Chambers at the Moab City Center located at 217 East Center Street in Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 5:30 PM. In attendance were Councilmembers Kalen Jones, Kyle Bailey, Tawny Knuteson-Boyd and Rani Derasary. Also in attendance were City Recorder/Acting City Manager Rachel Stenta, City Engineer Phillip Bowman, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Parks, Recreation and Trails Director Tif Miller and Acting Police Chief Steve Ross. Eight (8) members of the audience and two (2) members of the media were also present. Under discussion regarding Interim City Manager Hiring Process, City Recorder/Acting City Manager gave an overview of the provided City Manager job description. Councilmember Bailey stated that the current Acting City Manager is carrying a very large workload and unable to perform both the Recorder/Assistant City Manager position as well as Acting City Manager during the transition between City Managers. Mayor Sakrison agreed that the current workload is substantial and additional help is needed. City Recorder/Acting City Manager Stenta stated that all department heads as well as some of the elected officials were taking on more workload to keep progress on track. Councilmember Derasary stated that she is in favor of getting an additional person as soon as possible and inquired what the time frame would be for a permanent hire. Councilmember Bailey stated that the Interim position would be facilitating with the Council what that process would be and how long it would take. October 4, 2016 Page 1 of 4 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE DISCUSSION REAGRDING INTERIM CITY MANAGER HIRING PROCESS Page 5 of 117 Mayor Sakrison stated that he had been in contact with a candidate that is willing to step in for the short term, is available now and offers a vast amount of experience in addition to being well connected in the state. Councilmember Knuteson-Boyd asked what a reasonable time frame was for an Interim position and would the salary be a flat rate. Mayor Sakrison stated that the candidate is agreeable to a contract basis for both term and salary and that there are funds available in the budget. City Recorder/Acting City Manager Stenta stated that a budget adjustment would be required when the Council is ready to make a permanent appointment to the position of City Manager. Under Discussion regarding Police Chief Recruitment and Appointment Process City Recorder/Acting City Manager Stenta gave an overview of the provided Police Chief job descriptions. Mayor Sakrison requested that the Council review the job descriptions presented and then staff would present a draft for the Council to consider at a future Council meeting. Councilmember Jones requested clarification on the job description approval process as to which descriptions were approved by the City Council versus those approved by the City Manager. City Recorder/Acting City Manager requested that the City Council set a direction or policy on which job descriptions are approved by the Governing Body and which are approved by the Personnel Officer/City Manager. Councilmember Knuteson-Boyd inquired what the process was previously for review of job descriptions. City Recorder/Acting City Manager stated that previously job descriptions are fully researched and prepared prior to presentation to City Council for approval and that specifically for the Police Chief position, other factors had to be reviewed including Utah Retirement Systems eligibility as a public safety position. City Recorder/Acting City Manager stated that staff is in the process of drafting a standard job October 4, 2016 Page 2 of 4 DISCUSSION REGARDING POLICE CHIEF RECRUITMENT AND APPOINTMENT Page 6 of 117 description form that will then be reviewed by the City's employment counsel. Under Update on Public Works Director Recruitment and Appointment Process, Councilmember Bailey stated that he had participated in the first round of candidate interviews and that three candidates would be visiting and participating in the second round of interviews. City Recorder/Acting City Manager stated that seven original candidates were scheduled for interviews and that the interview panel consisted of Councilmember Bailey, Deputy Recorder II Danielle Guerrero, Administrative Assistant Leigh Anne Reinhart and Community Services Director Amy Weiser. Councilmember Jones inquired what the Public Director's role would be in the construction or operation of the new Waste Water Treatment Plant (WWTP). Councilmember Bailey stated that the WWTP operator holds the license and operates that plant currently but that two of the candidates also held WWTP operator licenses. Councilmember Knuteson-Boyd inquired if the two job descriptions would be combined. City Recorder/Acting City Manager Stenta stated that the Interim City Manager would be Personnel Officer and could draft a new job description for Council approval. Councilmember Jones stated that he had seen some street striping being performed and inquired if it was utilizing epoxy paint. Mayor Sakrison stated that staff was utilizing the paint that Public Works had in inventory and that the decision had been made to go out to bid for street striping services in the Spring of 2017, realizing that the winter season and sand on the streets would be a hindrance along with some inconsistencies in the bid specification. Mayor Sakrison stated that Streets Superintendent Galley was marking critical areas now until the bid can be secured. UPDATE ON PUBLIC WORKS DIRECTOR RECRUITMENT AND APPOINTMENT PROCESS Under consideration of addition of Columbus Day to the 2016 Moab City CONSIDERATION OF October 4, 2016 Page 3 of 4 Page 7 of 117 Holiday Schedule, Councilmember Jones moved to add Columbus Day A Special Workshop was held as a Retreat, Goal Setting and Team Building session. Councilmember Jones moved to adjourn the meeting. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. The meeting was adjourned at 6:05 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 4, 2016 Page 4 of 4 ADDITIONAL OF COLUMBUS DAY TO THE 2016 MOAB CITY HOLIDAY SCHEDULE, APPROVED MOTION TO ADJORN, APPROVED ADJOURNMENT Page 8 of 117 MOAB CITY COUNCIL SPECIAL CITY COUNCIL MEETING October 6, 2016 The Moab City Council held a Special City Council Meeting on the above date in the City Council Chambers at the Moab City Center located at 217 East Center Street in Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 5:30 PM. In attendance were Councilmembers Kalen Jones, Kyle Bailey, Tawny Knuteson-Boyd, Heila Ershadi and Rani Derasary. Also in attendance were City Recorder/Acting City Manager Rachel Stenta, City Engineer Phillip Bowman, and Reinhart, Parks, Recreation and Trails Director Tif Miller and Acting Police Chief Steve Ross. Four (4) members of the audience and four (4) members of the media were also present. Councilmember Jones moved to approve Proposed Resolution #25- 2016 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the position of Interim City Manager. Councilmember Bailey seconded the motion. Councilmember Jones stated that he is impressed by Mr. Everitt's resume and that speaking with him has confirmed that impression. Councilmember Bailey stated that he is excited to have him on board and that he offers a high level of professionalism. Councilmember Derasary stated that she felt that Mr. Everitt's experience and community knowledge will really benefit us and has an impressive resume and good connections around the state of Utah and that she is very grateful that he is willing to step in and help us out. Councilmember Ershadi stated that she was very hesitant to vote without thoroughly vetting Mr. Everitt and she did not feel like she had the time to do that and so she would be voting against the contract. The motion carried 4-1 aye by a roll -call -vote with Councilmembers Jones, Bailey, Knuteson-Boyd and Derasary voting aye and Councilmember Ershadi voting nay. October 6, 2016 Page 1 of 2 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE PROPOSED RESOLUTION #25- 2016, APPROVED Agenda Page 9 of 117 Councilmember Bailey moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 5-0 aye. The meeting was adjourned at 5:37 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 6, 2016 Page 2 of 2 MOTION TO ADJOURN ADJOURNMENT Agenda Page 10 of 117 Solid Waste District Operations Review and 2017 Budget Presentation Page 11 of 117 • ,1*� 1, 600.00 1,400.00 1,200.00 1,000.00 800.00 600.00 400.00 JAN KlondikeTonnages (Class 1— MSW) FEB KLONDIKE LANDFILL - MSW Disposed Tons by Month for 2013-2016 MAR APR MAY JUN JUL AUG SEP OCT —A-2016 Disposed Tons t2015 Disposed Tons t2014 Disposed Tons NOV DEC Page 12 of 117 600 500 400 300 200 100 0 2016 Cubic Yards vs JAN Klondike Biosolids Impacts KLONDIKE LANDFILL - Biosolids (CY) by Month for 2014-2016 FEB MAR APR ii#2016 Disposed Yards MAY JUN JUL —0 .2015 Disposed Yards AUG SEP OCT f 2014 Disposed Yards NOV DEC Page 13 of 117 14000 12000 10000 8000 6000 4000 2000 0 Klondike Gallons (Waste Grease 2015-2016) 2016 Gallons JAN KLONDIKE LANDFILL - Waste Restaurant Black Grease (Gal) by Month for 2014-2016 FEB MAR —ii— 2016 Disposed Gallons APR MAY JUN 2015 Disposed Gallons JUL AUG 2014 Disposed Gallons SEP OCT NOV oa Three Year Average DEC Page 14 of 117 1600 1400 1200 1000 Moab Tonnages (Class IV — CD/Yard) MOAB LANDFILL - Disposed Tons (calculated) by Month for 2013-2016 0 0 0 800 1 0 0 000�f 0 moo 600 , 400 200 JAN 2016 Tons (hotel, BLM, 400 E bldg) /Io O 0� 444o. Ooo �0o 0 o 0 410 o 00 • / / 0 • 0oter,......----' 2014 Tons O 0 O o 0 o O 0o� 0 o o0 FEB MAR APR MAY JUN JUL AUG f 2016 Disposed Tons 2015 Disposed Tons 1111,o SEP 0 0 0 0 OCT NOV 2014 Disposed tons —0 - 2013 Disposed Tons 2015 Tons O gb O O O DEC Page 15 of 117 Recycled Tons Received for 2013-2016 Monthly Tons (estimated) Received for Recycling for 2013-2016 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JJit2016 Received Tons 2015 Received Tons � .2014 Received tons ♦ 2013 Received Tons Page 16 of 117 Budget Expenses by Major Category Description Payroll Expenditures Salaries and Benefits Solid Waste Special Service District #1 1000 Sand Flats Road, PO Box 980, Moab, UT 84532-0980 Ph: (435) 259-3867 email: gcswmss@gmail.com Enterprise Fund Budget 2017 (Preliminary DRAFT Budget) 2015 Actual EXPENDITURES 452,152 Total Payroll 452,152 2016 Approved* 2017 Budget 579,523 615,675 579,523 615,675 Operating Expenditures Other Operating Expenses 180,070 150,363 150,363 Professional Fees 6,164 53,540 63,040 Utilities 9,634 9,125 12,870 Insurance and Bonds 18,035 25,500 25,800 Depreciation 149,977 137,232 162,972 Repairs and Maintenance 28,300 35,640 62,380 Total Operating (non payroll) 392,180 411,400 477,425 Capital Expenditures Capital Outlay/Interfund Transfers 398,290 Total Operating & Capital 790,470 300,000 328,108 711,400 805,533 Total Expenditures 1,242,622 1,290,923 1,421,208 Page 17 of 117 \;! Proposed Revenue Sources Solid Waste Special Service District #1 1000 Sand Flats Road, PO Box 980, Moab, UT 84532-0980 Ph: (435) 259-3867 email: gcswmss@gmail.com Enterprise Fund Budget 2017 (Preliminary DRAFT Budget) Description REVENUES Operating Revenues Landfill Charges and Fees (Tipping Fees) Recycling Sales Total Operating Revenue Other Revenue Asset Sales Interest Earned Interfund Transfers/Loans/Grants Total Other Revenue Administrative/Government Revenue Transient Room Tax Mineral Lease Total Administrative/Government Revenue 2015 Actual 498,735 110,189 608,924 4,750 6,103 385,000 395,853 270,000 270,000 2016 Approved* 514,877 91,007 605,884 15,500 5,640 227,800 248,940 360,000 360,000 2017 Budget 578,958 83,330 662,288 500 5,640 152,300 158,440 400,000 400,000 Parr Total Revenues e 18 of 117 1,274,777 1,214,824 1,220,72E ;w1W1 0 IND 4 •+ Ltr..'. �+t � � it ' 11111:Our continued mission is to manage an environmentally safe and fiscally sound solid waste and recycling asset for the community and region for our citizens, our businesses, our geographically large community as well as for our visitors. We are revising our long term management plan and will be hosting a public workshop on December 1, 2016 at the MARC from 6 pm to 8 pm to discuss goals for the community. +r-' Solid Waste Special Service District #1 Waste Management Hierarchy Source. !Reduction & Reuse Recycling I CO r lniSti ng Energy Recover y Trerol m n.k a Disposal Questions? Page 20 of 117 FINDING OF NO SIGNIFICANT IMPACT ANTIDEGRADATION REVIEW TO ALL INTERESTED GOVERNMENTAL AGENCIES AND PUBLIC GROUPS: As required by the guidelines for preparation of environmental impact statements, an environmental review was performed on the proposed project: Project: Moab City Wastewater Treatment Project (project) Location: Moab City is located on U.S Highway 191 (US-191), approximately 4 miles south of the entrance to Arches National Park and 30 miles east of Canyonlands National Park in Grand County, Utah. The proposed project site is directly across the street from the existing wastewater plant. Project Number: SRF 248 Total Project Cost: $12,504,000 State/Federal Share: $10,400,000 Water Quality Board Loan; $1,504,000 Local Contribution (upfront expenses); $600,000 Local contribution (cash). Moab City (City) plans to build a new mechanical wastewater treatment plant (WTTP) to replace a plant that was originally constructed in the 1950s. The treated effluent will continue to be discharged to the Colorado River through an existing 2,000 foot concrete pipe. The project will treat an average daily flow rate of 1.5 MGD with an annual average daily biological oxygen demand (BOD) concentration of 376 mg/L. The plant capacity was established to accommodate the 20-year planning period loads from Moab City, Grand Water & Sewer Service Agency (GWSSA), San Juan Spanish Valley Special Services District (SJSVSSD), Utah State University Extension campus (USU), and area hauled septage wastes. Predicted population for Moab City will grow at an annual rate of 1.1 % by the Governor's Office of Planning and Budget. Growth in GWSSA is estimated to be 2%. In May 2016, the Utah Water Quality Board authorized financing of $10,400,000 loan to Moab City with a repayment term of 20 years at a 1.15% for the project. The new monthly sewer user fee is expected not to exceed $35.00/month per ERU. As required by the National Environmental Policy Act and agency regulations, Moab City prepared an Environmental Assessment (EA) that evaluated the potential environmental effects and consequences of the project. This notice announces the availability of the EA for public review and comment. In accordance with the Utah Administrative Code (UAC R317-2-3), an antidegradation review (ADR) is a permit requirement for any for any new discharges. This notice also announces the availability of the ADR for the new project, which is included as Appendix J in the EA. The review of the EA for Water and Wastewater Improvement Project, Moab, Utah did not indicate significant environmental impacts would result from the proposed action. The U.S. Fish & Wildlife Service (USFWS) is requiring that removal of suitable habitat for the Yellow -billed Cuckoo be mitigated at a 2:1 ratio. USFWS has concurred with Section 7 of the Endangered Species Act finding that the project "may affect, but not likely to adversely affect" the Yellow - billed Cuckoo, the Colorado pikeminnow and the razorback sucker. Consequently, a preliminary Agenda Page 21 of 117 decision not to prepare an environmental impact statement (EIS) has been made. This action is taken on the basis of a careful review of the engineering report, environmental information documents and other supporting information. Copies of the EA can be reviewed at the Utah Division of Water Quality, 195 North 1950 West, P. O. Box 144870, Salt Lake City, Utah 84114- 4870; online at its website at: http://www.deq.utah.gov/NewsNotices/notices/water/index.htm#fa ; or the Moab Mayor's office located at 217 E. Center . Comments supporting or disagreeing with this decision may be submitted for consideration to the Division at the address above or e-mail: wdamery@utah.gov. After evaluating the comments received, the agency will make a final decision; however, no administrative action will be taken on the project for at least thirty (30) calendar days while advertising the Finding of No Significant Impact. DWQ will accept comments until midnight Nov 18, 2016. UTAH WATER QUALITY BOARD Walter L. Baker, P.E. Executive Secretary NOTICE OF PUBLIC HEARING FOR THE MOAB CITY WASTEWATER TREATMENT PLANT FACILITIES MASTER PLAN Moab City has reviewed alternatives for construction of a new wastewater treatment facility. The results of this investigation are summarized in a Facilities Master Plan (FMP) prepared as part of funding application to the Utah Division of Water Quality. Moab City will hold a public hearing regarding the Facilities Master Plan. The recommended FMP alternative is to construct a new conventional wastewater treatment facility with nutrient removal at a new site. The public hearing will be held concurrently with the Moab City Council meeting for adoption of the Facility Master Plan. The community is invited to attend and provide comment on the Facility Master Plan. Please join us: TUESDAY, Oct 25, 2016 7:00 p.m., Public Hearing & Comment Period City Council Chambers located at 217 E. Center St., Moab, Utah. Copies of the Facility Master Plan are available for review at the Moab City Hall located at 217 E. Center, Moab, Utah until Nov 19, 2016. For additional information, or if you have questions or comments please contact Mayor Dave Sakrison's office at 435-259-5121 or contact Jeff Beckman with Bowen Collins & Associates at 801-495-2224. Agenda Page 22 of 117 MOAB CITY COUNCIL MEETING October 25, 216 Agenda Item #: 6-1 Title: Approval of a Special Business Event Permit for Canyonlands Community Recycling for Upscaled Art Party Fundraiser on November 19, 2016 Fiscal Impact: Additional staff time will be needed at the MARC for the event Staff Presenter(s): Amy Weiser, Community Services Director Department: Administration Applicant: Canyonlands Community Recycling Background/Summary: This is a repeat event for Canyonlands Community Recycling. It is a fundraiser that involves an art show using recycled items. The event takes place at the Moab Arts and Recreation Center. Canyonlands Community Recycling has also requested a refund of their special event and business license fees. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the event application as submitted. Council must decide whether or not to refund the required fees. Recommended Motions: "I move to approve the 2016 Upscaled Art Party at the Moab Arts and Recreation Center." Attachment(s): Application materials Agenda Page 23 of 117 4 ti �r't�Gf(`_ DATE PAID: 'QO� -L^itP AMOUNT PAID: p/"ri Q fX) RECEIPT NO.: / gs aac, Cm OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 8453-2 (435) 259-6121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (O REcR oNE): RANsIENT (S9D): OR C7s CURRENT CITY OR COUNTY LICENSE (ATTACH eoPY) TOTAL FEES: _i9) � (�'7 fJ $2.00_QD -1 p Cab UcsNse#: ZONE: NAME OF EvENT: ,..4..1. ll DESCRIPTION OF EVENT: } e,1-e eb vS` k--- 4,15‘c„ a...) o r,..-4 - P++,..44,2„ - se. f LOCATION OF EVENT: AA.-=aa Ai"i- 5 etn, A. 1P.e c ,.-e�:.i a C M. �' .c \I PREMISESTOBEUSED: ��` 1=i..r.1 f.a,V, fgo ,t2 Sl'a (4;..0c r _V.:i tt;C.�4a1T4 1 1 g�-4y;91. PizAt '‘As 5 TEMPORARYSTRUCTURES-TOSEUSENIFmy): d e r-t4 DATEN AR TA(*)'O EWAr. (A.1 c y c 1 A r -r { O;!' t) ..t,,1 o k) k 1 F 2_d : (11 f.,, -, .15) v ,.r., ANTIGIPATED#'OF WM' PARTICIPANTS: i, q ?I% __ 1`�U R dF VirNDORS PA tC}PAT,ING t d - Z 0 TYPES OF VENDORS PARTICIPATING 1N EVENT: (4 r 1-+ t4C 5 � s1 h 4 -r-f c � G t-e 1."^�.�F"f {" 1 i"a l') e0 `i 4" Co .5. Fs V•{ I �!-12 v,rti �. l EXPLAIN 'FEES GENERATED BYTHE EVENT (I.E,ADMISSION"CHARGES, BOOTH FEES, RENTAL GHARGES,Ere): St-1.4k 51i( t(ar�a.F garl -4?.rti a,. c7.444 64') , i 5 V(QC.etA. `5 a p.r+C S+ AK.A.A0T EVENT SPONSOR'S NAME: fln cs,C11-0415 Cvn�Fv,c i � (24 4.A.1cti+i SPONSOR'S ADDRESS: V Cs { b .574 CRY: AA,. A STATE: _(14.7 .1f!: lAME REGISTERED WITH THE STATE FOR TAX ID: ST 1 l3 a A^ d C p1 " `lr C L r n J a TYPE OF ORGAN17ATION: Q PROPRIETORSHIP Q PARTNERSHIP L/CORPORA IONPKOTHER (SPECIFY): EVEN' SPONSOR'S SALES TAX lD * PHONE; 4,5 7?-i0t 01 THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT ULENSE, THE ACTUAL UE'.ENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL LT IS UNLAWFUL TO Et$GAGE IN SIGH ACTIVITY WIT -EN THE CFTY VI?I MOUT FIRST FARING A LICENSE. ALL INFORM /MON MUST BE A6CURA'TELY COMPLETED OR THE ISSUANCE OF A LICENSE WfLt, l3E DELAYED. MINE tlia.Q., G0'{� 0"� _ kigkeey,AeeK To CONDUCT SAID BUSINESS STRICTLYIN ACCORDANCE WITH TH5MOAB:CITY BUSINESS LIOENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW OE INFORMATION CONTAINED 1--16F EIN IS TRUE. LANE'UNDERSTAND. THIS UCENSE IS NOW:TRANSFERABLE AND VALID ONLY FOR THE 4eavF' MENTIONED LOCATION ANR APPLICANT (GPGjNSOR). INVE AGREE TO. FILE THEPROPERREPORTS WITH THE STATE OF UTAH. = of Utah ) ) SS County of Grand SUBCRIBED-AND SWORN to before me thN I � day of .064.A_ , 2-0 . NOTARY PUBLIC ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN -FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Agenda SEE BACK OF FORM FOR ADD1710NAL REQUIREMENT! Page 24 of 117 3r Arne Canlitaittatifie $1110001010 4 p� 2$, 2019 IL LICENSE APPROVALS CITY STAFF in APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED Q NO ❑ YES AGENDA DATE' _ ❑ APPROVED ❑ DISAPPROVED REASONS): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: a; A ai.• tAiltb 11 Malt �004 L:slasaritti.l f 12/22/03 Agenda Page 25 of 117 Exit and Ramp Access Ladies Gents 16'x18' Storage 5 AEG DANCE ROOM 32'x5i9' STAIRS L'� Y i iri# ,'fir h4`yf� OALLERY (ak$. Foye r) 3a'x40' 's4,6140 } : 5:7 _r u Broilt ' t{a STAIRS 1 J 1 ( 1 Ne Li c.‘ c +:� rY A � J•ra 3 2' x42" STARS • ,r S' Page 26 of 117 CANYONLANDS CamMUNI1 Y RECYCLING To Whom it May Concern at the City of Moab: am writing from Canyonland Community Recycling (CCR) regarding our fall fundraising event. This event will be a recycled art show, reception, and school art showcase held on America Recycles Day, November 19th, 2016 at the MARC. CCR works year round to provide recycling and waste reduction programs that serve our mission of enhancing sustainability by empowering the Moab community to reduce, reuse and recycle. CCR is a very small organization, with no staff members. Because our capacity is limited, it is crucial that we maximize our fundraising efforts so that more time can be spent delivering programs. All funds collected at this event will help CCR deliver community programs. All of these programs help to City of Moab to be a clean, environmentally responsible and sustainable place. The recycled art show is one of CCR's two yearly fundraising events, and it is important that we make it count. The City's event fees propose an obstacle to our fundraising efforts. On behalf of Canyonlands Community Recycling, our Board, staff and membership, I respectfully request a refund of the Special Event Fee ($200), and the Transient Fee ($90). This would significantly aid in our fundraising efforts. Thank you for your consideration of this issue. Sincerely, fi r. 1_l Claire Core Board member Canyonlands Community Recycling CCR@MoabRecycles.org 435.260.8931 Agenda Page 27 of 117 MOAB CITY COUNCIL MEETING October 25, 2o16 / Agenda item #: 7-2 I PL-18-142 Title: Adoption of Council Resolution #26-2016 to Accept the Storm Water System Improvements and Release the Warranty Assurance Funds for Said Improvements in Deer Trail Subdivision Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning pplicant: Ben Riley, Executive Director for the Housing Authority of Southeastern Utah Summary: Resolution #26-2016, accepts the improvements associated with Deer Trail Subdivision, a six unit townhome development on West 400 North Street (Please refer to the attached plat). City refund of the warranty amount for the required public improvements would naturally follow acceptance of those improvements by Council. All required improvements for "storm water drainage facilities including grading and berming" were determined by staff to be constructed in compliance with the approved plans. The Housing Authority completed the improvements with their personnel so lien waivers from contractors are not needed. In summary, Council Resolution #26-2016: 1. Specifies those built improvements needed for the development, 2. Certifies that the improvements have been completed to the city's satisfaction, 3. Certifies that all charges for labor, materials, and/or services have been paid in full, 4. Certifies that no liens have been attached against the property. Staff Recommendation: Staff recommends approval of Resolution #26-2016. The warranty fund amount less the audit fee, can be refunded upon acceptance of the improvements by City Council. Recommended Motion: I move to adopt Resolution #26-2016 accepting the storm water improvements for Deer Trail Subdivision and refunding the warranty amount to the Housing Authority of Southeastern Utah. Agenda Page 28 of 117 Attachment(s): o Resolution #26-2016 o Final Plat o Release request letter and form Agenda Page 29 of 117 RESOLUTION #26-2016 A RESOLUTION ACCEPTING STORM WATER IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE "DEER TRAIL SUBDIVISION" AND AUTHORIZING THE RELEASE OF THE WARRANTY GUARANTEE ASSOCIATED WITH SAID IMPROVEMENTS WHEREAS, the City of Moab (the "City") and Housing Authority of Southeastern Utah ("Developer") with offices at East Center Street, Moab, Utah, entered into a Subdivision Improvements Agreement dated November 5, 2014, (the "Agreement") covering the public improvements associated with the above named subdivision; and WHEREAS, Developer provided a Performance Guarantee in the form of a collateral pledge and one year warranty, executed by a cash amount, in order to secure performance of the improvements provided in the Agreement; and WHEREAS, Developer has constructed the storm water improvements pursuant to the Agreement; and WHEREAS, City Staff inspected the public improvements in 2015 and found that they are fully acceptable in their design, workmanship, and construction quality; and WHEREAS, City Staff certified that all charges for labor, materials, and/or services have been paid in full and no liens have been attached against the property or the improvements; and WHEREAS, Developer warranted the improvements for a period of one year from the date of completion of the public improvements with a cash amount; and WHEREAS, upon acceptance of the improvements by City Council, the warranty amount can be returned to Developer; and WHEREAS, pursuant to Council Resolution #26-2016, Developer is entitled to a release of the warranty amount less the audit fee. NOW, THEREFORE, We, the governing body of the City of Moab, do hereby resolve to accept the storm water improvements covered by the Subdivision Improvements Agreement dated November 5, 2014, specifically: storm water drainage facilities including grading and berming improvements located within the subdivision, and hereby authorize the City Treasurer to execute a release of the warranty amount for the improvements. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 25t' day of October, 2016. SIGNED: ATTEST: Rachel Stenta, Recorder Dave Sakrison, Mayor Agenda Page 30 of 117 ��s L r o w 0 ! r z l x v F e 3 . L e u Y d / 1 e / 8 0 3 1 Y V 1 1 0 S f g 3 H Y O N t e R I e l C I R L V V p 7 ' I d > Y V N I N I 7 3 1 1 d h r 8 3 0 M 9 7 3 8 A ! N n o o 3 . 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P a g e 3 1 o f 1 1 7 HOUSING AUTHORITY OF SOUTHEASTERN UTAH SERVING GRAND AND SAN JUAN COUNTY Main Administrative Office 321 East Center Street Moab, UT 84532 Phone (435) 259-5891 Fax (435) 259-4938 TTY (800) 3464128 Email: hasu@frontiernet.net 10/13/2016 To Whom It May Concern: I would like to request the bond payment for the drainage/subdivision improvements done by the Housing Authority of Southeastern Utah (Developer) for the Deer Trail townhome subdivision on 400 N and Riversands Rd., Moab, Utah in the amount of $4,945.50. Work was inspected and passed by the previous Public Works Director Jeff Foster, (then) acting City Engineer Eric Johansen and the current City planning and zoning staff. I appreciate your considerati Benjamin Riley Executive Director Housing Authority of Southeastern Utah Housing Authority of Southeastern Utah is an Equal Opportunity Provider and Equal Housing OpportunityEl tts C d cr) Q Page 32 of 117 Agenda L 6 6 Jo EE abed City of Moab Center 217 East Center Street Moab, Utah 84532 PH:435 259 5121 FAX:435-259-0600 SUBDIVISIC?N IMPRDVEMENTS PERFORMANCEIRMANCE GUARANTYOAB 9.4t.City o in Cm ESCROW PARTIAL RELEASE REQUEST FORM Subdivision Name: Deer Trail Owner/Developer: Housing Authority of Southeastern Utah Phase No.: All Reason for Request: 10% Warranty Release Date of Request: 10/13/2016 Prime Contractor, P OWNER/DEVELOPER CERTIFICATE The undersigned certifies that: (1) all previous releases received from Moab City on account of Work done under the Subdivision improvements Agreement (51A) have been applied on account to discharge Owner's/Developer's legitimate obligations incurred in connection with Work covered by prior release Requests; (2) title of all Work, materials, and equipmerit incorporated in said Work or otherwise listed in or covered by this release Request will pass to City, or other public service provider as applicable, at time specified in SIA, and shall be free and clear of all Liens, security interests and encumbrances; and (3) ALL Work covered by this release Request is in accordance with the approved Construction plans and is not defective. Date: /0//5 / Attach the Following supporting documents: 0 Copies of quality assurance testing reports © Copies of Bill of Lading or Sales Invoice for Stored materials 0 Copies of Invoices from Contractors performing the Work Date of Subdivision Improvements Agreement: November 6, 2014 1. Driginal Guaranty Amount 2. Balance audit charge 3. Arnount Requested 4. Balance to Remain in Escrow $ _4,945.50 $ 20.00 $ 4931.13 $ 0.00 Release of: One Year Warranty (explanation attached) Requested by: Benjamin Riley Date: 10/13/2016 Approved by: / Completed by: L (City Manager) (City Treasurer) Date: ID_ (C Date: /6//3// iO MOAB CITY COUNCIL MEETING October 25. 2016 I / Agenda item #: 7-3 PL-18-143 Title: Adoption of Council Resolution #27-2016 Approving a Petition for a Boundary Line Adjustment for 526 Locust Lane Staff: Jeff Reinhart, City Planner Department: Planning and Zoning Applicants: Jon Kovash and Nancy Kurtz Background/Summary: Jon Kovash and Nancy Kurtz, as the owners of Lots 57 and 58, Bowen Plat of the Nichols -Bowen Subdivision (also 526 Locust Lane), have applied to amend the boundary line between the two lots. Lot 58 is the current site of the owner's home and the house slightly encroaches over the lot line into lot 57. The adjustment will cure the encroachment and enable the construction of a second residential unit on Lot 57. The area of both lots meet the minimum lot size of five thousand square feet for the R-2 (Single- family and Two-family Residential) Zone. The request complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: "(a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision...." The request does not vacate or amend a public street, right-of-way, or easement and this request meets the applicable requirements listed in state law and the dimensional requirements of Moab Municipal Code sections 17.06 and 17.48.030. Agenda Page 34 of 117 Options: Council can: 2. Approve the petition for the lot line adjustment as submitted; 2. Approve the petition with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council; it satisfies the requirements of Utah State Code and the Moab Municipal Code. Recommended Motion: I move to adopt resolution #27-2016 and approve the lot line adjustment as submitted. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #27-2016 Agenda Page 35 of 117 Ex isroyc, LOCUST LANE `f ps �- S vl/ ! CURB AND GUTTER LOT 59 s Lt1 1-1 m Z I { t SIDEWALK 4.s-NeW r mil`{ P5 IN 87°24'46" W 50.0' — 87'24°46" W 50.0' S 02°35'14" W 5.0' POINT OF BEGINNti4G LOT 58 HOUSE N 89'34' W 49.5' `( X Y. X ua i� S 02'35'14" W 18.8' , S 87'04' 19" E 9.1' X X X X a_ ci m LOT 57 c 5 86'49'40" E c.ro 5.7' N n � N N 137'24'46" W — i o NEW >fp+lS. S89'34'E 50.5' )i ROBINS NEST SUB IVISION GRAPHIC SCALE O �n FOUND REBAR AND CAP NIEHAUS SUBDIVISION 01°010 E� POLE 20 0 10 20 1" (INCH} = 20 ' (FEET) LEGEND X X O O Fence Line Property Corner Found Property Corner Surveyor's Certificate I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 75413504. I further certify that a land survey was made of the property described betow, and the findings of that survey are as shown hereon. Boundary Description OtEOM Description for 0141.160-004 Let 57 end Lot 58, Bowen PIaL Nichols -Bowen Subdivision, according to the official plat thereof, LESS: The Nardi 5 feet of La157 and the North 5 feet of tot 58, Bowan Flat, Nichols -Bowen Subdivision. New Descriptions A portion of Let 57, Bowen Plat Nichols -Bowen 5ubdMsion, occore g to the ofkial plat thereof, be more particularly Caseated as: beginnung at a point South 02'35'14" West distance of 5,0 feet from the Northwest comer of Lot 57, Bowen Plat, Nicfals43owen Subdivsion, thence South 02'35'14" West a distance of 18.8 feet; thence South 87°04'19' East a distance of 3.1 feel; thence South 03'1020' West a distance of 25.7 feel; thence South 86°49'4V East a distance of 5.7 feel; thence South 03°1020° Walt a distance of 28.7 feet; throw North 87°24'46' West a dUence of 8.2 feet; Thence South 03°2927' West a distance of 339 fret to the North Fne of the Robins Nest Subdivison; thence South 80°34° East along he Subdivision tie a distance of 50,6 toet thence North 02°3514' East a distance of 105,2 feet (record =100.0 feet); thence North 87'24'46' West a disUrice of 50.0 feet: to the point of beginning, having an area of 6000,26 square feel, 0.115 acros All of Lot 68 and a portion of Let 57, Bowen Plat. Nichols -Bowen Subdivision, accorpng to the official plat thereof, be more particularly described as: beginning at a point South 02°3514' West a distance of 5,0 feet from the Northeast comer of Lot 5B, Bowen Plat, Nichols -Bowen Subdivision, Memo North 87°24'46' West a distance of 500 feet; thence South 02°3514" West a distance of 109.0 foot}record =107.6 fool) to the North line of the Robins Nest Subdivision; thence South 89°34' East along the Subdivision lire a distance of 49.5 feet thence North 03°2927" East a distance of 33.9 feet; thence South 87'24'46' East a distance of 82 Feel; thence North 03'1020' East a distance of 28.7 feet; thence Noah 66°49'40' West a distance of 5,7 feet; thence North 03°10'20' East a distance of 25.7 fret thence North 87°0419' West a distance of 3.1 feel; Ounce North 02°3514" Fast a distance of 18.8 fact to the point of beginning, having on area of 5706.98 square feet, 0.131 acres Lucas Blake License No. 7540504 Narrative The Basis of Bearings is North 87°24'46" West afong the centerline of Locust Lane. The purpose of this survey is to retrace and monument the boundary of the above described property according to the official records and the location of pertinent existing improvements located on the ground and to provide new descriptions based on existing structures on the site. LOCATED IN SECTION 6, TOWNSHIP 25SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN � l BOUNDARY LINE ADJUSTMENT SURVEY 526 Locust Lane Moab, UT 84532 Jon Kovash RED DER CU r91 1-1 rrl t� 0 Ent 513916 Bk Land Surveying 4 t90 ammsrzn. Moab, VS 8453] 35.2E0.9194 Project Pate Sheet 117-16 9/24/16 1 or 1 l a) a) Q Page 36 of 117 526 Locust Lane Page 37 of 117 N 0 10 20 40 Feet 1 inch = 20 feet NARRATIVE Reason for amendment Applicants are owners of adjoining lots 57 and 58. Lot 58 contains an existing (1949) house that is out of compliance with the side setback. Applicants wish to build a new house on lot 58, which requires this nonconformity to be remedied. jon Kovash and Nancy Kurtz al c a) a) Q Page 38 of 117 Ito • U Applicant: Fee - S100.00 plus $25.00 per amended lot or unit. Receipt No. lT12.142, PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Phone: `f-3S' ,JS 9 (, 73. T Mailing Address: IS, A rr- _PR . E-mail: Jo nI a Vq,s!% Alai / c a iv/ Size of Properties: o .5 7 — S60b 2 6 SF Srs -- 5 ze) q$ S� Location of Affected Properties: o kt V vi P�a /7 /Vise A ots'•-Ro w e y) .S043 D/ 0510il 5Z6 Lac4_4,ifE A short narrative describing the reason for the amendment is required and is part of complete application, Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if_the _fee owners of eac adro- c lots or parcels joins in th pitian, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. Page 39 of 117 PE I 11 ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT OWNERS: CL State of UPI-} County of e y-And /,/1/76 ate /b (o Date page 2 On the 94-11 day of ()c.--bbe_r ,X(6 , personally appeared before me Nancil j (nine of owner(s)) -0(04-hair) KADri-7 who dulv acknowledged to me that they executed the same. NOTARY PUBLIC LACY ANN SHEPHERD 686388 COMMISSION EXPIRES DECEMBER 14, 20% STATE OF UTAH My Commission Expires: )?,/i i j1 OWNERS: atAAS41/1 Notary Pu c Residing in 0116rFi Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in c� c a) a) Q Page 40 of 117 RESOLUTION # 27-2016 A RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 57 AND 58, BOWEN PLAT OF THE NICHOLS-BOWEN SUBDIVISION ON PROPERTY LOCATED IN THE R-2 ZONE WHEREAS, Jon Kovash and Nancy Kurtz, Owners of Lots 57 and 58 of the Bowen Plat, have applied for a lot line adjustment between the two lots; and WHEREAS, the properties are located in the R-2, Single-family and Two-family Residential Zone at 526 Locust Lane; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed lot line adjustment; and WHEREAS, Lot 57 will consist of 5,000.26 square feet (.115 acres) with a street frontage of fifty (50.0) linear feet and Lot 2 will consist of 5,706.98 square feet (.131 acres) and have a street frontage of fifty (50.0) linear feet; and WHEREAS, the proposed lot dimensions meet or exceed the minimum lot area of 5,000 square feet and the required street frontage of 50 linear feet for the R-2 Zone as established in Moab Municipal Code Chapter 17.45; and WHEREAS, the Moab City Council ("Council'), in a regularly scheduled public meeting held on October 25, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a- 608(2) that allows an amendment of a subdivision plat without a public hearing if: (a) the petition seeks to: "Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision..." WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, and pursuant to Council Resolution #27-2016, the City Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the application for the lot line adjustment for Lots 57 and 58 of the Bowen Plat located at 526 Locust Lane is hereby approved. ADOPTED AND APPROVED by action of the Moab City Council in open session this 25th day of October, 2016. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 41 of 117 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 42 of 117 PASSED AND APPROVED THIS DAY OF , 2016. ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Agenda Page 43 of 117 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 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 44 of 117 Agenda EXHIBIT#2 SOUTHWEST CORNER SECTION 35, T25S, R21E, SLB&M ► S — 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' X X X SOUTH (9.81' MOAB CITY 03-035-0048 N 89°54'00" E 211.81' ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH MOAB 21 LLC 01-035-0037 N 89°54100" E 107.89' x x x x x 0 0 m MOAB 21 LLC 01-035-0037 2 O Cn x EAST 2.29' FOUND REBAR FOUND REBAR S 89°54'00" W 286.00' 40,0 N O RTH y RW N 89°54'00" E 250.30' SOUTH QUARTER CORNER SECTION 35, T25S, R21E, SLB&M (FOUND MONUMENT) THE NATURE CONSERVANCY GRAPHIC SCALE 50 0 25 50 1" (INCH) = 50 ' (FEET) WILLIAMS 03-002-0087 LEGEND FOUND REBAR STEWART'LAN MOAB CITY 03-002-0088 S 89°54'00" W 501.29' X 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 Project 047-16 Date Sheet 5/9/16 1 OF AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 25, 2016 Agenda item #: 7-5 Title: Consideration and First Reading of Proposed Ordinance #2016-08 - An Ordinance Amending the City of Moab Municipal Code, Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee, and schedule a Public Hearing and Second Reading for approval of Proposed Ordinance #2016-08 on November 8, 2016, at approximately 7:15 P.M. Fiscal Impact: The proposed ordinance will modify and lower the Sewer Impact Fee for the City of Moab, but will increase the Sewer Impact Fee for outside agencies. The exact effect on the total amount of Sewer Impact Fees collected per year is not known at this time. Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Bowen Collins and Associates, Inc. Background/Summary: City staff has worked closely the City's engineering consultant, Bowen Collins and Associates, Inc., (BCA), to create a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee analysis. The completion of these two studies is necessary per the Utah Impact Fees Act to establish and collect a Sewer Impact Fee from new development within the City and within any other service agencies served by the City's sewer collection system and wastewater treatment plant. The Sewer Impact Fee Analysis has determined a Recommended Impact Fee amount that is different than the amount currently established in the Moab Municipal Code, Section 13.25, and this proposed Ordinance will modify the Code to collect the recommended impact fee. The Sewer Impact Fee Facilities Plan (IFFP) and the Sewer Impact Fee Analysis (IFA) were prepared in strict conformance with the Utah Impact Fees Act. The IFFP and IFA were presented and discussed with the City Council in a workshop on May 28, 2016, and the process and analysis required to complete the studies was explained. The IFA has developed a Recommended Impact Fee for two service situations that exist in our sewer collection and treatment system: new development located within the City of Moab incorporated city limits, and new development located in other service areas outside of the incorporated city limits. The sewer impact fee is calculated and based on an Equivalent Residential Unit (ERU), which is effectively one single-family dwelling unit. The Recommended Impact Fees determined by the IFA are as follows: J Agenda Page 46 of 117 City of Moab - $1,448 per ERU Other Service Agency (outside of Moab City limits) - $1,152 per ERU For business and commercial uses, the sewer impact fee is calculated based on an "Equivalent Residential Unit Schedule". The ERU Schedule currently used by the City and in the Code was developed based on national data by the American Water Works Association (AWWA) in 1984. City staff has worked closely with BCA and Grand Water and Sewer Service Agency (GWSSA) staff to update the ERU Schedule table to be inclusive of additional business, commercial, and residential types of uses that are present in our service area, and to remove and/or combine some of the types of uses currently listed that are not as prevalent. In addition, City staff has worked with BCA to analyze wastewater generation rates for these uses, with data coming from both the Moab utility billing system and from other municipalities and districts in the State of Utah. As a final result, a revised ERU Schedule table has been developed for adoption with this ordinance. The revised ERU Schedule has been incorporated into Proposed Ordinance #2016-08 for the public hearing and City Council consideration on November 8, 2016. With City Council action, the Proposed Ordinance #2016-08 will be scheduled for a Public Hearing at the regular City Council meeting on November 8, 2016, and all required advertising and public notice will be completed. In addition, the Proposed Ordinance, Sewer Impact Fee Facilities Plan, and Sewer Impact Fee Analysis will all be made available for public review for a minimum of ten (10) days prior to the public hearing. If Proposed Ordinance #2106-08 is approved by the City Council on November 8, 2016, there is a mandatory ninety (90) day waiting period established by the Utah Impact Fees Act before the new impact fee amount can be collected. During the waiting period, the City is allowed to continue to collect the existing impact fee amount established by the current Code. With this waiting period taken into account, the new impact fee amount could begin to be collected within the City of Moab and within other service agencies (i.e. Spanish Valley water & Sewer Improvement District) on Monday, February 6, 2017, or at a later date if directed by City Council. City staff is available to further explain the impact fee studies or ERU Schedule, and to answer any questions that the City Council may have. Options: 1. Schedule the Public Hearing and Second Reading for Proposed Ordinance #2016-08 on November 8, 2016, at approximately 7:15 P.M. 2. Direct staff to make changes to the Proposed Ordinance, and schedule with revisions. 3. Other, as directed to staff. Agenda Page 47 of 117 Recommended Motion: "I move to send Proposed Ordinance #2016-08 — An Ordinance Amending the City of Moab Municipal Code, Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee, to public hearing and second reading on November 8, 2016." Attachments: Proposed Ordinance #2016-08 Sewer Impact Fee Analysis, October 2016, Executive Summary, Pages i through ES-5 Agenda Page 48 of 117 ORDINANCE #2016-08 AN ORDINANCE AMENDING CHAPTER 13.25 OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW AMOUNTS FOR THE SEWER IMPACT FEE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 13.25, Water and Sewer Impact Fees, to establish impact fees for new development; and, WHEREAS, the Utah Impact Fees Act mandates that municipalities establish ordinances and procedures for the equitable apportionment of costs for municipal capital improvements; and, WHEREAS, the City of Moab has completed a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee Analysis in accordance with Utah Code Annotated, 11-36a-306(2); and, WHEREAS, the Sewer Impact Fee Analysis has determined a Recommended Impact Fee of a different amount than currently in effect; and, WHEREAS, Council reviewed Ordinance #2016-08 in a regularly scheduled meeting held on October 25, 2016, to hear and discuss the merits of the proposed changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council, in a duly advertised public hearing held on November 8, 2016, did hear public testimony and determine the merits of the changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 13.25, Water and Sewer Impact Fees, and amends the language as noted below: Section: 13.25.060 13.25.060 Chapter 13.25 WATER AND SEWER IMPACT FEES Calculation of impact fees B. Sewer impact fees shall be calculated per Equivalent Residential Unit (ERU). 1. Residential sewer impact fees shall be calculated at one thousand four hundred forty eight dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule — City of Moab" table. Agenda Page 49 of 117 2. Sewer impact fees for business and commercial uses shall be calculated at one thousand four hundred forty eight dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Sewer Impact Fee Schedule - City of Moab Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $949 $499 $1,448 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $949 $499 $1,448 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $531 $279 $811 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $1,139 $598 $1,737 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $949 S499 $1,448 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $743 S390 $1,133 Other Auto Repair 1,000 ftZ 0.16 0.16 $153 $80 $233 Bakery 1,000 ftz 0.53 5.00 $499 $2,494 $2,993 Bank 1,000 ftz 0.50 0.50 $474 $249 $724 Beauty/Barber Shop Chair 0.25 0.25 $237 $125 $362 Campground Campsite 0.79 0.79 $746 $392 $1,138 Car Wash - Auto Each 10.00 5.00 $9,489 $2,494 $11,983 Car Wash - Wand Wand 5.00 2.50 $4,745 $1,247 $5,991 Commercial 1,000 ftz 0.15 0.15 $146 $77 $223 Dry Cleaner 1,000 ftZ 0.59 0.37 $558 $185 $743 Fast Food 1,000 ftZ 2.86 4.76 $2,711 $2,375 $5,086 Gas Station/Convenience Store 1,000 ftZ 0.28 0.28 $264 $139 $402 Grocery Store 1,000 ftz 0.32 0.33 $306 $161 $467 Laundromat Washer 0.71 0.33 $678 $165 $843 Office 1,000 ftZ 0.25 0.25 $237 $125 $362 Restaurant Seat 0.09 0.21 $90 $06 $196 Retail 1,000 ftZ 0.15 0.15 $146 $77 $223 Schools Students 0.07 0.07 $64 $33 $97 Theater Seat 0.007 0.007 $7 $3 $10 Warehouse 1,000 ftZ 0.11 0.11 $100 $52 $152 * Cost of studies included under flow impact fee Agenda Page 50 of 117 C. Sewer impact fees for development with the Spanish Valley Water and Sewer district, the Grand Water and Sewer Service District, or any other service agency outside of the City of Moab service area shall be as provided by interlocal agreement by the service agency and the City, and shall be calculated per equivalent residential unit (ERU). 1. Residential sewer impact fees for connections in other service agencies outside the City of Moab service area shall be calculated at one thousand one hundred fifty two dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table. 2. Sewer impact fees for business and commercial uses in other service agencies outside the City of Moab service area shall be calculated at one thousand one hundred fifty two dollars per ERU pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table. Agenda Page 51 of 117 Sewer Impact Fee Schedule - Other Agencies Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $542 $610 $1,152 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $542 $610 $1,152 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $303 $342 $645 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $650 $732 $1,382 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $542 $610 $1,152 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $424 $478 $902 Other Auto Repair 1,000 ftz 0.16 0.16 $87 $98 $186 Bakery 1,000 ftZ 0.53 5.00 $285 $3,051 $3,336 Bank 1,000 ftz 0.50 0.50 $271 $305 $576 Beauty/Barber Shop Chair 0.25 0.25 $135 $153 $288 Campground Campsite 0.79 0.79 $426 $480 $905 Car Wash -Auto Each 10.00 5.00 $5,415 $3,051 $8,466 Car Wash - Wand Wand 5.00 2.50 $2,708 $1,525 $4,233 Commercial 1,000 ftZ 0.15 0.15 $83 $94 $177 Dry Cleaner 1,000 ftZ 0.59 0.37 $319 $226 $545 Fast Food 1,000 ftz 2.86 4.76 $1,547 $2,905 $4,452 Gas Station/Convenience Store 1,000 ftZ 0.28 0.28 $150 $169 $320 Grocery Store 1,000 ftz 0.32 0.32 $175 $197 $371 Laundromat Washer 0.71 0.33 $387 $203 $590 Office 1,000 ft2 0.25 0.25 $135 $153 $288 Restaurant Seat 0.09 0.21 $51 $130 $181 Retail 1,000 ft2 0.15 0.15 $83 $94 $177 Schools Students 0.07 0.07 $36 $41 $77 Theater Seat 0.007 0.007 $4 $4 $8 Warehouse 1,000 ftZ 0.11 0.11 $57 $64 $121 * Cost of studies included under flow impact fee -End of Amendment - Agenda Page 52 of 117 This ordinance is effective upon adoption, and per the Utah Impact Fees Act the new amount of the Sewer Impact Fee will take effect ninety (90) days after this adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on November 8, 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Agenda Page 53 of 117 L O G D a 0 e 0 n O O ❑, 0 0` M -A IES PLAN AND NALY p a 6 a2 ° 6 / 0 �t October 2 16 a 0 Prepared by: Bowen Collins & Associates, Inc. CONSULTING ENGINEERS Prepared for: Agenda SEWER IMPACT FEE ANALYSIS October 2016 Prepared for: Prepared by: CITY OF MOAB, Bowen Collins & Associates, Inc. CONSULTING ENGINEERS Agenda Page 55 of 117 SEWER IMPACT FEE ANALYSIS TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY ES-1 Impact Fee Analysis (Sewer) ES-1 Introduction ES-1 Why Assess an Impact Fee? ES-1 How are Impact Fees Calculated? ES-1 Impact Fee Calculation ES-1 Recommended Impact Fee ES-4 IMPACT FEE ANALYSIS (SEWER) 1 Introduction 1 Service Areas 1 Requirements 1 Impact On System - 11-36a-304(1)(a)(b) 2 Relation of Impacts to Anticipated Development - 11-36a-304(1)(c) 3 Proportionate Share Analysis - 11-36a-304(d) 4 Excess Capacity to Accommodate Future Growth 4 Existing System Infrastructure Costs 4 Reimbursement Agreements 5 Future Improvements 5 Impact Fee Calculation - 11-36a-304(1)(e) 6 Bonding Interest Costs 7 Credit for User Fees 7 Impact Fee Studies 10 Recommended Impact Fee 11 Calculation of Non -Standard Impact Fees 14 Additional Considerations - 11-36A-304(2) 15 Manner of Financing — 11-36a-304(20(a-e) 15 User Charges 15 Special Assessments 15 Pioneering Agreements 15 Bonds 15 General Taxes 15 Federal and State Grants and Donations 15 Dedication of System Improvements - I 1-36A-304(2)(f) 16 Extraordinary Costs - 11-36a-304(2)(g) 16 Time -Price Differential - 11-36a-304(2)(h) 16 Impact Fee Certification - 11-36a-306(2) 17 Agenda Q^`"'''' r OLLINS & ASSOCIATES I Page 56 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS LIST OF TABLES On or Following No. Title Page No. ES-1 Impact Fee Calculation per ERU — Moab City Service Area ES-2 ES-2 Impact Fee Calculation per ERU — Other Service Area ES-3 ES-3 Impact Fee Costs Associated with Studies per ERU ES-3 ES-4 Recommended Impact Fee, 2016 and 2017 — Moab City ES-4 ES-5 Recommended Impact Fee, 2016 and 2017 — Other Agencies ES-5 1 Projected Moab Sewer System Growth — Flow ERUs 2 2 Projected Moab Sewer System Growth — Treatment ERUs 2 3 Use of Existing Capacity 4 4 Existing Infrastructure Costs 4 5 Impact Fee Eligible Capital Projects 5 6 Impact Fee Calculation per ERU — Moab City Service Area 6 7 Impact Fee Calculation per ERU — Other Agencies Service Area 7 8 Credit for User Fees Paid Toward Existing — Moab City 9 9 Credit for User Fees Paid Toward Existing — Other Agencies Service Area 10 9 Impact Fee Costs Associated with Studies per ERU 10 10 Impact Fee Costs Associated with Studies per ERU 11 11 Recommended Per ERU Impact Fee — Moab City Service Area 11 12 Recommended Per ERU Impact Fee — Other Agencies Service Area 11 13 Recommended Impact Fee, 2016 and 2017 — Moab City 13 14 Recommended Impact Fee, 2016 and 2017 — Other Agencies 14 Agenda Q^`'"-m f OLLINS & ASSOCIATES I I Page 57 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS EXECUTIVE SUMMARY — IFA (SEWER) Introduction The purpose of the impact fee analysis (IFA) is to calculate the allowable impact fee that may be assessed to new development in accordance with Utah Code. Why Assess an Impact Fee? Until new development utilizes the full capacity of existing facilities, the City can assess an impact fee to recover its cost of latent capacity available to serve future development. The general impact fee methodology divides the available capacity of existing and future capital projects between the number of existing and future users. Capacity is measured in terms of Equivalent Residential Units, or ERUs, which represents the demand that a typical single family residence places on the system. How Are Impact Fees Calculated? A fair impact fee is calculated by dividing the cost of existing and future facilities by the amount of new growth that will benefit from the unused capacity. Only the capacity that is needed to serve the projected growth within in the next ten years is included in the fee. Costs used in the calculation of impact fees include: • New facilities required to maintain (but not exceed) the proposed level of service identified in the IFFP; only those expected to be built within ten years are considered in the final calculations of the impact fee. • Historic costs of existing facilities that will serve new development • Cost of professional services for engineering, planning, and preparation of the impact fee facilities plan and impact fee analysis Costs not used in the impact fee calculation • Operational and maintenance costs • Cost of facilities constructed beyond 10 years • Cost associated with capacity not expected to be used within 10 years • Cost of facilities funded by grants, developer contributions, or other funds which the City is not required to repay • Cost of renovating or reconstructing facilities which do not provide new capacity or needed enhancement of services to serve future development Impact Fee Calculation Impact fees for this analysis were calculated by dividing the proportional cost of facilities required to service 10-year growth by the amount of growth expected over the next 10-years based on ERUs. This is done for both collection and treatment facilities. Calculated impact fees by component are summarized in Tables ES-1 and ES-2. Table ES-1 covers the cost of impacts on Agenda Q^`'"-" f OLLINS & ASSOCIATES ES-1 Page 58 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS collection and treatment facilities from growth within the Moab City service area. Table ES-2 covers impact fees for capacity associated with agencies outside the City. Table ES-1 Impact Fee Calculation per ERU — Moab City Service Area System Components Total Cost of Component cyo Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Collection Facilities Existing Facilities $4,151,529 4.71% $195,671 632 $309.59 Existing Facility Interest Costs Outstanding $0 0.00% $0 632 $0.00 10-year Projects $2,489,200 15.94% $396,799 632 $627.82 10-Year Project Interest Costs $0 0.00% $0 632 $0.00 Credit for User Fees Paid Toward Existing $0.00 Subtotal $6,640,729 $592,470 $937.41 Treatment Plant Existing Facilities $0 0.00% $0 706 $0.00 Existing Facility Interest Costs Outstanding $0 0.00% $0 706 $0.00 10-year Projects $12,504,000 4.42% $552,870 706 $783.08 10-Year Project Interest Costs $1,276,208 5.42% $69,174 706 $97.98 Credit for User Fees Paid Toward Existing -$382.34 Subtotal $13,780,208 $622,044 $498.72 Agenda Q^`'"-" f OLLINS & ASSOCIATES ES-2 Page 59 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS Table ES-2 Impact Fee Calculation per ERU — Other Agencies Service Area System Components Total Cost of Component % Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Collection Facilities Existing Facilities $4,151,529 2.39% $99,231 1,508 $65.80 Existing Facility Interest Costs Outstanding $0 0.00% $0 1,508 $0.00 10-year Projects $2,489,200 28.12% $700,082 1,508 $464.19 10-Year Project Interest Costs $0 0.00% $0 1,508 $0.00 Credit for User Fees Paid Toward Existing $0.00 Subtotal $6,640,729 $799,313 $529.99 Treatment Plant Existing Facilities $0 0.00% $0 1,744 $0.00 Existing Facility Interest Costs Outstanding $0 0.00% $0 1,744 $0.00 10-year Projects $12,504,000 10.92% $1,365,876 1,744 $783.08 10-Year Project Interest Costs $1,276,208 13.39% $170,896 1,744 $97.98 Credit for User Fees Paid Toward Existing -$270.95 Subtotal $13,780,208 $1,536,772 $610.11 Utah Code also allows for the cost of planning and engineering associated with impact fee calculations to be recovered as part of an impact fee. The final impact fee will include the cost of this study as summarized in Table ES-3. Table ES-3 Impact Fee Costs Associated with Studies per ERU System Components Total Cost of Component % Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Impact Fee Studies $24,870 100.00% $24,870 2,158 $11.53 Subtotal $24,870 $24,870 $11.53 The total impact fee per ERU can be calculated by adding up the fee for each type of system component. Agenda Q^`'"-" f OLLINS & ASSOCIATES ES-3 Page 60 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS Recommended Impact Fee Total calculated impact fees for 2016 and 2017 for different user types are summarized in Tables ES-4 and ES-5 for the Moab City and Other Agency service areas respectively. Information regarding calculation of impact fees in future years can be found in the body of the full report. This is the legal maximum amount that may be charged as an impact fee. This is separate from any additional charges levied by the City for hookup costs or for other reasonable permit and application fees. Table ES-4 Recommended Impact Fee, 2016 and 2017 - Moab City Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $949 $499 $1,448 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $949 $499 $1,448 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $531 $279 $811 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $1,139 $598 $1,737 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $949 $499 $1,448 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $743 $390 $1,133 Other Auto Repair 1,000 ft2 0.16 0.16 $153 $80 $233 Bakery 1,000 ft2 0.53 5.00 $499 $2,494 $2,993 Bank 1,000 ft2 0.50 0.50 $474 $249 $724 Beauty/Barber Shop Chair 0.25 0.25 $237 $125 $362 Campground Campsite 0.79 0.79 $746 $392 $1,138 Car Wash - Auto Each 10.00 5.00 $9,489 $2,494 $11,983 Car Wash - Wand Wand 5.00 2.50 $4,745 $1,247 $5,991 Commercial 1,000 ft2 0.15 0.15 $146 $77 $223 Dry Cleaner 1,000 ft2 0.59 0.37 $558 $185 $743 Fast Food 1,000 ft2 2.86 4.76 $2,711 $2,375 $5,086 Gas Station/Convenience Store 1,000 ft2 0.28 0.28 $264 $139 $402 Grocery Store 1,000 ft2 0.32 0.32 $306 $161 $467 Laundromat Washer 0.71 0.33 $678 $166 $844 Office 1,000 ft2 0.25 0.25 $237 $125 $362 Restaurant Seat 0.09 0.21 $90 $106 $196 Retail 1,000 ft2 0.15 0.15 $146 $77 $223 Schools Students 0.07 0.07 $63 $33 $97 Theater Seat 0.007 0.007 $7 $3 $10 Warehouse 1,000 ft2 0.11 0.11 $100 $52 $152 *Includes study related costs. Agenda Q^`'"-" f OLLINS & ASSOCIATES ES-4 Page 61 of 117 MOAB CITY SEWER IMPACT FEE ANALYSIS Table ES-5 Recommended Impact Fee, 2016 and 2017 - Other Agencies Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $542 $610 $1,152 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $542 $610 $1,152 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $303 $342 $645 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $650 $732 $1,382 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $542 $610 $1,152 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $424 $478 $902 Other Auto Repair 1,000 ft2 0.16 0.16 $87 $98 $186 Bakery 1,000 ft2 0.53 5.00 $285 $3,051 $3,336 Bank 1,000 ft2 0.50 0.50 $271 $305 $576 Beauty/Barber Shop Chair 0.25 0.25 $135 $153 $288 Campground Campsite 0.79 0.79 $426 $480 $905 Car Wash - Auto Each 10.00 5.00 $5,415 $3,051 $8,466 Car Wash - Wand Wand 5.00 2.50 $2,708 $1,525 $4,233 Commercial 1,000 ft2 0.15 0.15 $83 $94 $177 Dry Cleaner 1,000 ft2 0.59 0.37 $319 $226 $545 Fast Food 1,000 ft2 2.86 4.76 $1,547 $2,905 $4,452 Gas Station/Convenience Store 1,000 ft2 0.28 0.28 $150 $169 $320 Grocery Store 1,000 ft2 0.32 0.32 $175 $197 $371 Laundromat Washer 0.71 0.33 $387 $203 $590 Office 1,000 ft2 0.25 0.25 $135 $153 $288 Restaurant Seat 0.09 0.21 $51 $130 $181 Retail 1,000 ft2 0.15 0.15 $83 $94 $177 Schools Students 0.07 0.07 $36 $41 $77 Theater Seat 0.007 0.007 $4 $4 $8 Warehouse 1,000 ft2 0.11 0.11 $57 $64 $121 *Includes study related costs. Agenda Q^`'"-" f OLLINS & ASSOCIATES ES-5 Page 62 of 117 MOAB CITY / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 25, 2016 / / Agenda item #: 7-6 Title: Request to Send Proposed Ordinance #2016-14 to Public Hearing (Salary Survey) Fiscal Impact: Salary Adjustments are included in FY 16-17 budget Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Human Resources Applicant: N/A Background/Summary: As you know, we commissioned a comprehensive Salary Survey a few months ago which is nearing completion. The process has been a collective effort of staff, an employee salary survey committee and the consultant. Additionally, each benefited city employee has had an opportunity to participate by completing a survey regarding pay practices and perceived values. The consultant, Mike Swallow, will be attending the workshop Tuesday night (at 5:30 PM) to present the methodology and results of the Salary Survey. This is a request to send the new proposed Pay Plan to public hearing. You may notice that the Proposed Pay Plan is not included with this draft ordinance. We will be distributing the Proposed Pay Plan at the meeting during the presentation and after some final phasing recommendations/adjustments are prepared on Tuesday with the advice of the consultant. 1 Options: Send to public hearing or postpone Staff Recommendation: Approve sending to public hearing Recommended Motion: I move to approve (insert agenda item) Attachment(s): Proposed Ordinance #2016-14 Agenda Page 63 of 117 ORDINANCE NO.2016-14 AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS' SALARIES WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically for comparable work in other municipalities; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for annual surveys of salaries; and WHEREAS, the City has conducted a comprehensive salary survey through the utilization of Personnel Systems Inc. and has presented the survey results to the Governing Body; and WHEREAS, the proposed "City of Moab 2016 Proposed Pay Plan" is attached to this resolution as Attachment A, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab 2016 Proposed Pay Plan (Attachment A) as referred herein effective December 1, 2016. DATED this 22nd day of November 2016. SIGNED: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder n,- mance #2016-14 November 22, 2016 Agenda Page 64 of 117 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 25, 2o16 / / Agenda ltem #: 7-7 Title: Approval of Public Defender contract Fiscal Impact: Under $50,000 annually Staff Presenter(s): David Everitt Department: Administration/Legal Applicant: Stowell, Crayk & Bown Background/Summary: Moab City prosecutes Class B misdemeanors and below at the Grand County Justice Court. Historically the city has had an informal arrangement with a local attorney to handle the 20 or so indigent cases each year and three years ago entered conducted our first competitive process for those services. That contract is now expiring and in the continued interest of transparency and fairness, the City recently let a Request For Proposals (RFP) for public defender services. There were 3 respondents. Options: Approve, reject, or modify staff recommendation i Staff Recommendation: Enter into a contract with Stowell Crayk Bown (SCB) to provide public defender services. Recommended Motion: Move to authorize staff to contract with SCB to provide public defender services for the City of Moab. Attachment(s): 1. The RFP 2. Bids from Ascent, SCB, and Pietryga 3. Internal scoring sheet 4. Draft contract Agenda Page 65 of 117 City of Moab PUBLIC DEFENDER PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into effective the 26th day of October 2016, by and between the City of Moab, which shall be called the "City" in this agreement; and Stowell, Crayk & Bown PLLC., who shall be called the "Public Defender" in this agreement. WHEREAS, the City, in accordance with Title 77, Chapter 32, Utah Code Annotated, 1953 as amended, and other statutes, is required to provide minimum standards for the representation and defense of indigent defendants in criminal and civil matters in the courts and various administrative bodies of the state; and WHEREAS, Section 77-32-6, Utah Code Annotated, 1953 as amended, provides that the City Council may provide the legal services so prescribed through the appointment of a qualified attorney or attorneys to whom the City shall pay a reasonable compensation and expenses, and WHEREAS, representation of defendants is required by statute in certain criminal and civil matters and the City may have the legal obligation to provide legal representation to indigent persons in such matters; and WHEREAS, the Public Defender is a qualified and competent law firm that employs attorneys who are licensed to practice law in the State of Utah and represents to the City that it is willing and able to provide adequate and required legal services to indigents in the City; NOW THEREFORE, in consideration of the mutual conditions set forth in this agreement, the parties hereby agree as follows: 1. Compensation. a. The City agrees to pay the Public Defender for the legal services to be rendered pursuant to this agreement compensation in the base amount of $22,800 annually for up to 10 hours per week with overage hours billed at an hourly rate of $75.00. Public Defender will submit monthly invoices of $1,900 each. 2. Terms, Termination and Compensation. a. This contract shall be in effect for a period of three years, beginning November 1, 2016 and ending October 31, 2019. b. In the event that either party hereto shall deem the other to be in breach of any provision hereof, the party claiming the existence of the breach on the other's part shall in writing notify the other party of such breach. The other party shall within fifteen (15) days commence all actions reasonably necessary to cure the breach and shall notify the complaining party in writing of the actions taken to cure the breach. In the event that actions reasonably necessary to cure the breach are not timely commenced, the complaining party may terminate this agreement upon ninety (90) days' written notice. Page 1 of 5 Agenda Page 66 of 117 c. In the event of disciplinary action by the Utah State Bar against the Public Defender, this contract may be terminated without notice. d. In the event the Public Defender intends to cease in its contracted relationship with the City as Public Defender, or the City does not intend to renew this contract, ninety (90) days written notice to the other party is required. If 60 days has expired after giving the written notice required by this subsection and the Public Defender has not been relieved of its duties, the Public Defender shall be paid at the rate of $75.00 per hour until the Public Defender is replaced. e. Compensation shall be payable in equal installments on a monthly basis. Invoices should be submitted to the City of Moab Recorder's Office, 217 East Center Street, Moab Utah, 84532. 3. Legal Services. a. The Public Defender shall provide legal services and representation to qualified indigents in all matters involving criminal charges, excluding juvenile delinquency actions, in which the City is obligated to pay for legal services for indigents, subject to the exclusions and qualifications specified in this agreement. b. The legal services and representation to be provided by the Public Defender shall include, but not be limited to, office and telephone conferences with indigent clients, conferences in the jail with indigent clients, arraignments, preliminary hearings, other related hearings, trials, appeals to the district court, and any other proceedings contemplated by this agreement and normally required in the matters and actions involving such indigents and includes first appeals of right by the indigent to the Grand County Seventh District Court. c. The Public Defender shall provide legal services and representation to the following: i. Indigent persons entitled thereto upon appointment by the justice court judge, a judge of the Seventh Judicial District Court, and a justice of the Utah Supreme Court, provided, however, that the indigent is charged under the laws of the State of Utah with a misdemeanor, probation violation, or other non -infraction statutory offense committed in the City of Moab, Utah, or with the violation of any Moab City ordinance. 4. Excluded Services. It is understood and agreed by the parties that the Public Defender shall not be responsible under this agreement to represent indigent clients in dependency cases in the Juvenile Court, juvenile delinquency actions, nor shall the Public Defender be responsible to act as a court appointed guardian ad litem for indigents. 5. Accessibility and Jail Visits. Page 2of5 Agenda Page 67 of 117 a. The Public Defender agrees to the following: i. The Public Defender shall make all reasonable efforts to visit indigent clients incarcerated at the earliest possible moment and to be reasonably accessible to such indigent clients. ii. It is understood and agreed that accessibility to indigent clients is an integral consideration in the making of this agreement and therefore the Public Defender agrees to be available and accessible to indigent clients reasonably in advance of any hearings or proceedings for purposes of interviews, gathering information, making decisions, and doing such other things as is reasonably necessary to adequately and properly represent the indigent client. iii. The Public Defender shall maintain a suitable office space to be located within the City of Moab. 6. Non -indigent Clients. Nothing in this agreement shall prevent the Public Defender from representing clients in other criminal or civil cases or in other matters in the county who have not been determined indigent by the court. Public Defender shall be allowed to maintain his private practice of law. 7. Conflicts or Inability to Represent. a. In the event of a conflict of interest, inability or circumstances such that the Public Defender is not able to represent the indigent client, such conflicts shall be made immediately known to the court. The court shall determine whether such conflict of interest, inability or circumstances in fact exist, and upon a determination by the court that the Public Defender should be excused from the case the court may excuse the Public Defender from the case and may appoint another attorney to represent the indigent client. b. In the event of a court determination that the Public Defender cannot represent an indigent pursuant to the immediately preceding paragraph, the Public Defender shall be responsible to employ and pay another attorney to defend or represent the indigent client. 8. Reports and Record Keeping. a. The Public Defender agrees to maintain records of all representation of indigent clients under the terms of this agreement and to submit written reports to the Moab City Administrator of such services every six months. b. Reports shall include historical and annual comparative information as to the number and types of cases or matters handled specifying the types and classes of offenses, courts, particular clients, non -jury trials, jury trials, hearings other than trials, plea -negotiated settlements, and/or such other factors as may be reasonably requested by the City that do not violate attorney -client privilege. Page 3of5 Agenda Page 68 of 117 9. Disclaimers. a. It is understood and agreed that neither the Public Defender nor any of its staff or agents are employees of the City. b. The Public Defender will be acting in all respects as an independent contractor and the City will in no way be liable for or on account of the conduct, negligence, or omissions of the Public Defender. 10. Renewal of Contract, or, Transition Upon Termination of Contract. a. In the event this appointment is not renewed by the City: i. The Public Defender agrees to cooperate with its successors including filing the necessary pleadings for withdrawal and to deliver all applicable files, information and materials to his successor. ii. All matters pending at that time shall become the responsibility of the subsequently appointed public defender. iii. In the event the Public Defender is not permitted to withdraw from the representation in any matter by the court upon the conclusion of this agreement and any extensions hereto, the City agrees to compensate the Public Defender at the rate of $75.00 per hour, or as agreed to in special type cases, for services provided beyond the term of this agreement and any extensions thereto. 11. Principal Office and Liaison. The Public Defender shall notify the Moab City Administrator of his physical address in Moab or the Spanish Valley, or change of address or phone number within a week of any change thereof. 12. Public Defender Status. In the event of any change of address, on -going conflict, or inability to practice law, the Public Defender shall promptly notify the City in writing of such change in status. 13. Non -Assignability. This agreement may not be assigned by the Public Defender to any attorney other than a properly licensed attorney employed by Stowell, Crayk & Bown, without the prior written consent of City. 14. Notice to the Parties. Any notice required by this agreement to be given shall be given in writing at the following address unless designated otherwise in writing: • Moab City Manager, 217 East Center Street, Moab, Utah 84532. • Stowell, Crayk and Bown 2225 South State Street, Salt Lake City, Utah 84115. Page 4of5 Agenda Page 69 of 117 IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, each of which shall be deemed an original, on the 26th day of October, 2016. ATTEST: Rachel E. Stenta, City Recorder CITY OF MOAB: Mayor David L. Sakrison PUBLIC DEFENDER: STOWELL, CRAYK & BOWN. By: Douglas Stowell, Managing Member Page 5of5 Agenda Page 70 of 117 STOWELlr,,, CRAYKLBOWN.. September 28, 2016 City of Moab c/o Rachel E. Stenta, City Recorder/Assistant City Manager 217 East Center Street Moab, Utah 84532 Re: Request for Proposal —Public Defender City of Moab Cover Letter Dear Rachel, Douglas L. Stowell Adam L. Crayk Christopher G. Bown Christine R. Eschenfelder Jeffry K. Ross Daniel R. Black Joseph M. Johnson Shawn M. Smith I am the Managing Member of the law firm of Stowell Crayk & Bown ("the Firm"). Pursuant to the requirements set forth in the City of Moab Public Defender Contract Request for Proposals ("RFP"), please accept this correspondence as the Firm's Cover Letter to the City of Moab ("the City") with regard to the RFP. In accordance with my telephone call to you, it is my understanding that by emailing you two copies of the Firm's Proposal to provide public defender services to the City, it complies with the requirements set forth in section VII of the RFP to submit two hard copies to the City. Please advise me if this is incorrect and I will cause the copies of the Proposal to be overnightcd to the City. I have signed this correspondence and declare that the Firm is bound by the terms of the Proposal submitted herein. Pursuant to the RFP, the Firm's address and telephone number and my email address is included below. Si trely, Dougl . ' Stowell Managing Member DSlcs 2225 South State Street, Salt Lake City, UT 8015 i P 8ot-944-3459 F 8o1-483-o7o5 y dstowell@lawscb,com Agenda Page 71 of 117 CITY OF MOAB PUBLIC DEFENDER CONTRACT PROPOSAL STOWELL CRAYK & BOWN (S pages exclusive of attachments) 1 Agenda Page 72 of 117 REQUEST FOR PROPOSAL —PUBLIC DEFENDER FOR THE CITY OF MOAB FROM STOWELL CRAYK & BOWN 2225 South State Street Salt Lake City, Utah 84115 The City of Moab (hereinafter "the City") is seeking proposals from Utah -licensed attorneys to provide public defender services (hereinafter "PDS") for the City for the following contract: CITY OF MOAB REQUEST FOR PROPOSALS —PUBLIC DEFENDER. The law firm of Stowell, Crayk & Bown ("the Firm") provides the following PROPOSAL to render these services. FIRM'S QUALIFICATIONS The Firm has been in business as a limited liability partnership since 2406 and has recently established a not for profit foundation to provide PDS. The founding members are Douglas Stowell, Adam Crayk and Christopher Bown. Mr. Stowell has been practicing law since 1993 with his primary emphasis focused on criminal defense. Since 1.997, Mr. Stowell has provided PDS on a contract basis with various cities and counties in the state of Utah. Currently, Mr. Stowell oversees the Firm's contract PDS services for Holladay, Cottonwood Heights, Taylorsville, Midvale and Draper. In the past, Mr. Stowell has held the PDS contracts with West Jordan (main contract) and Price (conflicts). In addition, the Firm currently holds the "conflicts" PDS contracts with Murray, Herriman, Saratoga Springs, West Valley City, Layton and Salt Lake County. In addition to his criminal law practice, Mr. Stowell also practices in the area of family law and has extensive experience with criminal domestic violence matters. Mr. Stowell has represented hundreds of clients in all types of misdemeanor and felony cases; having conducted a substantial number of hearings, bench and jury trials over the years. In the past, Mr. Stowell has been a member of the Utah State Bar advisory committee for legal education for conferences, and for seven years, Mr. Stowell served as a small claims court judge in the Third Judicial District Court, Murray and Salt Lake Departments. Mr. Crayk has been practicing law since 2002 and joined the Firm in 2006. Mr. Crayk is fluent in Spanish and his practice is focused on criminal defense and immigration. It is a requirement that defendants with immigration issues be fully informed about the implications of criminal charges as they relate to their immigration status and Mr. Crayk is a premier expert in this area. Mr. Crayk is regularly called upon by members of the criminal defense bar to provide expert advice regarding immigration consequences for their criminal defense clients. In addition, Mr. Crayk has been a presenter for continuing education for justice court judges regarding immigration consequences to defendants. Mr. Crayk has conducted a substantial number of hearings, bench and jury trials in his practice and has been involved in providing indigent defense services to various cities in the Salt Lake Valley since 2046. Mr. Bown has been practicing law since 2441 and joined the Firm as a partner in 2414. Mr. Bown brings a wealth of experience to the firm in the area of criminal defense as this has been his specialty throughout his legal career, Prior to joining the Firm, from 2001 to 2013, Mr. Bown was a deputy district attorney for Salt Lake County. While a serving as a prosecutor, Mr. Bown conducted a substantial number of jury trials, including numerous first degree felony trials. Mr. Bown was also assigned as the felony drug court prosecutor for several years. Mr. Bown is currently an adjunct professor at Salt Lake Community College, teaching the legal portion of the curriculum for the POST training course. Mr. Bown is fluent in Spanish and is fully versed in the immigration consequences for clients in criminal proceedings. 2 Agenda Page 73 of 117 Pursuant to Subsection VII 2 of the Request for Proposals, the Firm identifies that Mr. Stowell, Mr. Crayk or Mr. Bown will primarily perform the services identified in the RFP. However, each of the Firm's attorneys have significant experience and may be called upon to appear at hearings on behalf of its clients. The Firm also employs three associates in its Salt Lake City office who may participate in representation of criminal defense clients: Daniel Black, Joseph Johnson and Shawn Smith. All three attorneys have been practicing in criminal courts and are highly proficient. Mr. Black, Mr. Johnson and Mr. Smith are each fluent in Spanish and understand immigration consequences related to criminal law matters. .See Attachment 1 for Attorney resumes. At no time has any attorney employed at the Firm been removed from representation for failure to perform basic services, nor in any manner has any attorney been found to be ineffective on appeal by either an ethics panel or by an appellate court. Organizational Chart: Supervising Attorneys Douglas Stowell Adam Crayk Christopher Sown Bar No. 6659 Bar No. 9443 Bar No. 9218 Associate Attorneys Involved in Proposal Daniel Black Shawn Smith Joseph Johnson Support Staff Bar No. 15095 Bar No. 15303 Bar No. 15175 Bailey Rogers -legal assistant Vicky Nicolaides-paralegal Laura Leon -third year law student -intern Heidi Chamorro, paralegal Janae Forsey, accountant Mr. Stowell oversees the operations of the PDS contracts the Firm presently holds. Mr. Stowell delegates portions of work to the various attorneys and staff members. Bailey Rogers is designated to send and receive all discovery requests and assemble all electronic files for the attorneys in preparation for hearings and trials. Vicky Nicolaides and Heidi Chamorro are assigned to assist the attorneys in drafting of suppression motions, continuance requests and other common pleadings to the court. These staff members receive and respond to indigent defendant client calls and forward them to attorneys for further response. The office staff for the Firm is outstanding and these staff members are designated to coordinate all tasks with the City. If additional assistance is needed, other staff members are available. The Firm's accountant is always available for the City to discuss any billing or documentation issues. Through many years of providing PDS for numerous cities, specific office procedures have been established allowing the City to save time and expenses in its interaction with the Firm. Disciplinary Actions There are no disciplinary actions by any Bar Association (Utah or any other state) presently pending or previously taken against the Firm, any attorney employed by the Firm, or anyone at the Firm who porvides 3 Agenda Page 74 of 117 legal support under this Proposal. In addition, there are no known felony or misdemeanor convictions for any of these individuals referenced herein. Insurance The Firm already maintains professional liability insurance and is willing to comply with all requirements of the City for Insurance. Certificate of Good Standing: The Firm has the ability to provide Certificates of Good Standing for each attorney if the City so requires. RELEVANT LEGAL DEFENDER EXPERIENCE In addition to the combined 52 combined years of practicing criminal law between Mr. Stowell, Mr. Crayk and Mr. Bown, the Firm presently holds the PDS contracts for the cities of Holladay, Cottonwood Heights, Draper, Midvale and Taylorsvil le. The Firm also holds the PDS "conflicts" contracts for the cities of West Valley, Murray, Saratoga Springs, Herriman, and Layton. Finally, the Firm is conflict counsel for the Salt Lake Legal Defender's Office (serving all of Salt Lake County). SERVICES TO BE PERFORMED 1. Services. The Firm shall perform the services set forth in the following sub -paragraphs. A. The Firm agrees to furnish and provide for the defense of indigent parties upon a determination of indigency by the City in the Grand County Justice Court ("Court"), and upon appointment of the Firm to defend the accused. The Court's election to appoint the Firm to represent indigent defendants shall be conducted in a manner required by Utah law. Legal Services shall include appearing before the Court and representing criminal defendants at all appropriate meetings and hearings, including, but not be limited to, reviews, order to show cause hearings, waiver hearings, arraignments, bail hearings, pretrial conferences, bench and jury trials (collectively, "Criminal Matters"), in which the Firm has been appointed as counsel for an indigent by the Court. B. Legal Services provided by the Firm shall at all times be subject to applicable laws, rules and regulations, including without limitation, the Rules of Professional Conduct adopted by the Utah Supreme Court. The Firm shall immediately notify the City of the final adjudication or acceptance by the Firm of any violation of the Rules of Professional Conduct by the Firm or anyone associated with or performing legal services through the Firm. C. Progress Reports. The Firm shall maintain thorough records of all appointments received and shall provide the City access to records verifying said appointments (subject to attorney -client privileges). The Firm shall, if requested by the City, submit periodic progress reports to the City and/or attend accountability meetings with the authorized representative of the City. 2. Compensation Proposal. Due to the recent report provided by the 6t Amendment Committee, PDS contracts are proceeding into somewhat uncharted territory. The goal in providing effective PDS requires a balancing of efficient, effective service at a reasonable cost, but in the same vein, attempting to provide these services without the imposition of monetary cost factors which may limit the defense capacities for the client. As such, the Firm suggests the following option: 4 Agenda Page 75 of 117 A. $1900.00 per month for services rendered each month. In the event legal work hours exceed 10 hours in any particular month, the Firm would bill additional hours at a rate of $75.00 per hour. In order to comply with the recent 6th Amendment Committee standards, the Firm is willing to perform its services under this modified flat fee plus discount hourly fee structure. By providing these services under this modified fee structure, the public defender is moderately compensated for additional time and it is no longer perceived to be a disincentive for the public defender to take matters to trial; it is believed this structure is fully compliant with the standards set forth by the 6'h Amendment Committee. Finally, based on the Firm's review of billings for PDS from last year to the City, this pricing structure offered by the Firm should be more cost efficient to the City based upon the per month billing contract set forth in the 2013- 2016 Public Defender Professional Services Agreement. B. The Firm is open to alternative arrangements for charging PDS, including eliminating or revising hourly rates, providing a daily rate for trial work, etc. However, the per month flat fee charge, coupled with the "reduced rate" hourly billing (or a similar "daily rate" billing) appropriately addresses the 6th Amendment Committee's goal of providing full and proper PDS to clients. C. It is further proposed that the City pay for costs to serve subpoenas or other court orders along with the cost of investigations, investigators and expert witnesses; provided the Firm obtains advance written consent from an authorized representative of the City. All other costs and expenses shall be paid by the Firm and shall not be reimbursed by the City. 3. Indemnification and Liability. The Firm shall indemnify and bold harmless the City, its officers, agents employees and volunteers from any and all claims arising out of the activities or omissions of the Firm, its officers, agents, employees, and others claiming through or under the Firm, including its assignees, murder this Request for Proposal. This indemnification requirement includes indemnification for claims for attorney's fees, court cost and litigation expenses, of whatever type and amount. The Firm shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from any and all claims involving worker's compensation and claims for injuries occurring upon or arising from the performance of its services; the Firm shall be solely and fully responsible for the payment of such claims. The Firm shall indemnify and defend the City, its o-fficers, agents and employees from any and all administrative claims and proceedings (such as alleged OSHA violations and similar proceedings) brought against the City, its officers, agents, employees or volunteers which arise out of the performance its services. At all times, the Firm shall perform its services in accordance with the regulations, standards and instructions of the City. 4. Relationship of Parties and No Third Party Rights. This Proposal does not create any joint venture partnership, undertaking or business arrangement between the parties hereto nor any rights or benefits to third parties. The contractual relationship between the City and Firm out of this Proposal is one of independent contractor and not agency. It is understood that the Firm shall not be deemed an employee of the City and the Firm has no authority to enter into legally binding obligations on behalf of the City. GENERAL QUESTIONS AND ANSWERS REGARDING THE FIRM General Overview/Experience in Providing Public Defense Services Describe your firm's management structure. Doug Stowell is the managing member of the organization and is responsible for assignments to various courts. Mr. Crayk manages the immigration practice at the Firm and is responsible for the Draper City PDS contract. Mr. Bown manages the Salt Lake City PDS contract. Vicky Nicolaides is the office manager along with her paralegal duties. Bailey Rogers and Calli Stowell are responsible for maintaining the electronic files for PDS services and manage discovery matters. Additional assistants are on staff for follow up with various City tasks. 5 Agenda Page 76 of 117 Does your firm practice in areas other than criminal defense? If yes, what other areas? Immigration Law, Family Law, Personal Injury Law, along with various civil litigation matters in business. How long has your firm been in existence? How many of those years have been spent practicing criminal defense law? Mr. Stowell established a criminal defense practice in 1993. Mr. Crayk joined the practice in 2005 and Mr. Bown joined the practice in 2014. For all of the referenced years, all partners have been practicing criminal defense. Mr. Stowell started the PDS portion of his practice when he operated a satellite conflicts PDS office in Price, Utah in approximately 1997. Has your firm handled indigent defense cases before? If yes, what kinds of cases were they? Yes. The Firm has handled all manner of cases from infractions through first degree felonies in various cities referenced herein, In how many courts does your firm currently represent clients? Specify which courts and approximately how many cases you handled in 2014 and 2015? The Firm practices in virtually every court in the Second, Third Fourth and Eighth Districts, and at various times throughout each year in the First and Sixth District Courts (Juvenile, Justice and District Courts), along with the United States District Court for the state of Utah and the United States Immigration Court for Utah. The Firm manages approximately 200-300 cases per month, with a rough estimate of over 2,500 cases for each year, 2014 and 2015. What types of cases outside of public defense (felony, misdemeanor, other) did your firm handle in 2014 and 2015? For each year: Criminal --all levels of criminal cases from infractions through first degree felonies. Civil -- dozens of family law cases, hundreds of immigration cases, a couple dozen personal injury cases and a couple dozen various business litigation cases. How many total cases did your farm handle in 2014 and 20I5? How many criminal trials and appeals were handled by your firm in those same years? For each year, approximately 2,500 cases, approximately 50 criminal trials and 15 appeals (from justice court to district court), and no appeals from district court to Utah appellate courts. How many full time criminal defense attorneys are currently employed by your firm? Seven full-time. One part-time. How many other full time and part time staff (paralegals, legal assistants, clerks, other) are currently employed by your firm? Ten. Agenda G Page 77 of 117 Does anyone employed by your firm have any conflicts of interest with any the City Staff or the Justice Court .fudge? No What is the general workload per attorney employed at your firm? Include all case types handled by each full time attorney who will be contracted to work with the City. "Workload" is different for each attorney. The attorneys are scheduled in a master electronic scheduling program, Mr. Stowell has oversight for scheduling PDS services to justice courts; Mr. Crayk has oversight over the Draper City PDS contract, all immigration matters and assists in oversight in the District Courts; Mr. Bown has oversight over the Salt Lake Legal Defender contract and District Courts. Attorneys have specific assignments for days throughout the month for court and office time. The group as a whole runs smoothly and efficiently. Mr. Stowell has oversight on the civil litigation side of the Firm and assigns various attorneys for assistance as needed. Mr. Crayk handles dozens of immigration cases each month and utilizes Mr. Black, Mr. Johnson, Mr. Smith and Ms. Eschenfelder in assisting in the several hundred immigration cases handled by the Firm each year. Mr. Ross works in PDS in Vernal and the Uintah basin, as well as maintains a family law and business law private practice. Contract Performance Has your firm ever had a contract that was terminated partly or wholly. for performance? If yes please identify the contract involved and describe the reason far the termination. No. In the last five (5) years has your firm been placed on corrective action? If yes, please identify the contract involved and describe the reason for the corrective action and outcome? No. In the last five (5) years, has your firm had an attorney who has been removed from representation in a case by order of the court far any reason other than conflict of interest or irreconcilable differences with a client, or has in arty manner been found to be ineffective in the representation of his or her clients by an ethics panel or by any court? If yes, please list the incidents and explain the circumstances and any corrective action taken. No. Describe any past instances in the last five (5) years when an attorney ofyour firm has been sanctioned by any court for any reason. None. Describe any claims settled without filing or filed against any attorney in your farm or your firm during the last .five (5) years. The claim roust be related to the performance of work dome for the Firm. None. Explain the process your firm has in place for dealing with complaints made to the Utah State Bar Association regarding attorney professional misconduct. 7 Agenda Page 78 of 117 To the Firm's knowledge, the Firm has not had complaints made to the Utah State Bar Association regarding attorney professional misconduct. In the event that did occur, the Firm would address the complaint on a specific basis and would provide specific educational tools to any member of the Firm who may be subject to such a complaint in order to hopefully eliminate the problem for the future. For the last five (5) years, please describe each complaint, claim, or case in which an attorney associated with your firma for which the Bar Association opened an investigation regarding any violation of the Rules of Profession Conduct (RPC). Please state the outcome of the complaint. Describe any corrective action taken by your firm as a result of a disciplinary finding and sanction. To the Firm's knowledge, the Firm has not had any complaint or claim of any kind against an attorney associated with the Firm for which the Utah Bar Association has opened an investigation. REFERENCES Judge Mark Kouris, District Court Judge, Third District Court, state of Utah. Telephone Number: 801-233- 973 0; Judge Dee Bensen, District Court Judge., United States District Court for Utah. Telephone Number: 801- 524-6160; Judge David Anderson, United States Immigration Court, state of Utah. Telephone Number: 801-524- 3 000; Judge Daniel Bertch, Justice Court Judge, Draper, Utah. Telephone Number: 801-424-3800; Judge Michael Kwan, Justice Court Judge, Taylorsville, Utah. Telephone Number: 801-963-0268; Tracy Cowdell, City Attorney, Taylorsville, Utah. Telephone Number: 801-550-9864; John Taylor, City Manager, Taylorsville, Utah. Telephone Number: 801-963-0268; Judge Augustus Chin, Justice Court Judge, Holladay and Cottonwood Heights, Utah. Telephone Number: 801-273-9731; James Tucker Hansen, City Prosecutor, Holladay and Cottonwood Heights, Utah. Telephone Number: 801-735-9596; Mayor Kelvyn Cullimore, Cottonwood Heights City, Utah. Telephone Number: 801-944-7089; Lisa Garner, City Prosecutor, Midvale, Utah. Telephone Number: 801-363-5959; Prof. Collin Mangrum, Creighton Law School Professor and author of Benson & Mangrum on Utah Evidence. Telephone Number: 402-280-3092. Su �,� tted by: Douglastowell, Managg Partner Agenda 8 Page 79 of 117 ATTACHMENT 1 Agenda Page 80 of 117 Douglas L. Stowell 2225 South State Street, Salt Lake City, Utah 84115 (801) 944-3459 dstowell@Iawscb.com EDUCATION S.J QUINNEY COLLEGE OF LAW, University of Utah, Salt Lake City, Utah • J.D. --May 1993 UTAH STATE UNIVERSITY, Logan, Utah .B.S. Finance June 1980 EXPERIENCE MANAGING PARTNER, STOWELL CRAYK& GOWN, PLLC Salt I .ake City, Utah ■ Eight attorney law Firm ■ Personal practice concentrated in the areas of criminal late, family law, personal injury law and contract law. INDIGENT DEFENSE COUNSEL Taylorsville City; Cottonwood Heights City; Holladay City; Draper City, Midvale City, Utah ■ Represent approximately 2-300 total misdemeanor cases per month. West Jordan City, Utah CONFLICT DEFENSE COUNSEL West Valley City; Midvale City; Layton City, Utah ■ Represent approximately 2-300 total misdemeanor cases per month. Price City, Utah OWNER, STOWELL LAW, PLLC Salt Lake City and Price City, Utah ▪ Personal practice concentrated in the areas of criminal law, family law, personal injury law and credit/debt management. 2006 to Present 2006 to Present 2007-2011 2006 to Present 1997-2000 1996-2006 SMALL CLAIMS COURT JUDGE PRO TEMPORE 1999-2006 Third District, Murray City, and Salt Lake City Departments ATTORNEY, STIRBA & HATHAWAY, PLLC Salt Lake City, Utah ■ Practice concentrated in the areas of white collar felony crimes, county civil tort liability, real estate defense, and civil rights violations. ATTORNEY, PURSER & EDWARDS, PLLC Salt Lake City, Utah ■ Practice concentrated in the areas of insurance defense on tort liabilities and family law. STOCK BROKER, COVEY& COMPANY, INC. Salt Lake City, Utah ■ Full Service stockbroker for Member Firm of the New York Stock Exchange. 1995-1996 1993-1995 1980-1990 Agenda Page 81 of 117 Adam L. CYayk 2225 South State Street, Salt Lake City, UT 84115 ■ (801) 944-3459 aerayk a(7lawscb.com EXPERIENCE PARTNER ATTORNEY January 2005 to Present Stowell, Crayk & Bown, PLLC Handle personal case load and firm cases in the areas of criminal law, immigration law and commercial litigation. Legal Defender in three cities: Cottonwood Heights, Holladay, and Taylorsville City. FEDERAL JUDICIAL LAW CLERK August 2003 to January 2005 Chief Judge Dee V. Benson, United States District Court for the District of -Utah Researched and drafted opinions, orders, and bench memoranda for Judge Benson. Assisted in preparing Judge Benson for hearings, trials, and other court proceedings. ASSOCIATE ATTORNEY April 2002 to July 2003 Wfingo Rinehart & McConkie Researched and drafted court documents and intemal memoranda covering topics such as construction law, personal injury law, employment law, family law, and corporate law. Conducted depositions, attended court hcarings, and settled numerous employment discrimination cases. LAW CLERK October 2000 to April 2002 Union Pacific Corp. Equal Employment Opportunity Office Responsible for the resolution of all internal employee EEO complaints. Successfully responded to numerous discrimination charges filed by employees through various state anti -discrimination offices. Assisted in training and aiding field managers to be EEO compliant. LAW CLERIC. June 2000 to August 2000 Salt Lake Legal Defender's Office Researched and drafted court documents relating to all facets of criminal law. Served as an interpreter between counsel and Hispanic clients. RESEARCH ASSISTANT September 2001 to April 2002 Professor Collin Mangrum, Creighton University School of Law Assisted Professor Mangrum by researching and editing materials for his evidence treatise. EDTJCATION CREIGHTON UNIVERSITY SCHOOL OF LAW May 2002. Omaha NE Juris Doctor, Magna Cure Laude • Lead Articles Editor Creighton Law Review, Member Creighton Law Review • Member National Jesuit Honors Society (Alpha Sigma Nu). Chosen to represent the law school. • Member Creighton Urriversity School of Law Advanced Trial Practice Team. • President International Law Society. UNIVERSITY OF UTAH, Bachelor of Art, Spanish, 3.79 GPA • Dean's List SKILLS AND INTERESTS • Bilingual in Spanish, written and oral. • Interests' Family —wife, three daughters, and one son, bicycle riding, fly fishing and triathlons. Page 82 of 117 June 1997• SLC, UT Agenda CHRISTOPHER G. HOWN 2225 South State Street • Salt Lake City, Utah 84115 • (801) 944-3459 chris@lawscb.com EXTENSIVE LEGAL EXPERIENCE Attorney, Partner, STOWELL, CRAYK and GOWN, PLLC - Feb. 2014 - Present • Currently awarded trial attorney conflict counsel with Salt Lake Legal Defender's Association for 2014 ■ Established private criminal defense practice Attorney, Partner, CRIPPEN & CLINE, LC -- Jan. 2013 - Feb. 2014 • Awarded trial attorney conflict counsel with Salt Lake Legal Defender's Association for 2013 • Established private criminal defense practice • Managed private law practice • Obtained several dismissals of several conflict contract clients Deputy District Attorney, Salt Lake County District Attorney's Office - Nov. 2001 to Jan. 2013 • Felony Drug Court Head Prosecuting Attorney 2 years • Criminal Trial Attorney 11 years with experience in over 40 jury trial • Organized specialized Major Crash Team dealing with Automobile Homicides, Felony DUI's involving injuries and other vehicle related crashes • Prosecuted homicides, organized gang crimes, gun prosecutions, fraud crimes, embezzlement crimes, sex offenses and drug distribution crimes • Provided Training to Police Agencies in Salt Lake County on a variety of legal issues as requested • Prosecutor of the Year by Cottonwood Heights Police Department 2009 • Prepared briefs for Utah Supreme Court and Utah Court of Appeals ■ Argued before the Utah State Supreme Court in State v. One Lot of Real Property, 2004 UT 36 ■ Civil Litigation with Asset Forfeiture Adjunct Professor, Salt Lake Community College - May 2008 to Present • Instruct students on the legal portion of the curriculum of the Police Officer Standards and Training course • The legal portion includes instruction on the United States and Utah Constitutions, the Utah State Criminal Code, and Search and Seizure Speak and Read Spanish Fluently LANGUAGE SKILLS Agenda Page 83 of 117 EDUCATION University of Utah College of Law - Juris Doctor, May 2001 Managing Editor Journal of Law and Family Studies Staff Member Journal of Law and Family Studies Published in Journal of Law and Family Studies Traynor Moot Court Competition Participant Leary Scholar in Family Law and Trusts & Estates Brigham Young University - B.A., Political Science, May 1996 Presidential Scholarship Recipient 1991 to 1996 COMMUNITY SERVICE Criminal Law Section, Utah State Bar - July, 2010 to July 2015 Serving as Chair since June 2014 with the term ending in July 2015. Served as Vice -Chair from July 2011 to 2014, Served as Secretary/Treasurer from July 2010 until July 2011. Utah Criminal Law Journal - September 2012 to present Serving as a board member with its first publication date of Spring 2014 SL County Alcohol and Drug Planning and Allocation Council, Member - May, 2008 to May 2010 Provided advice, support and advocacy to the Salt Lake County Division of Substance Abuse Services who serves as the local authority for the delivery of treatment and prevention services in Salt Lake County. Utah State Bar, Tuesday Night Coordinator - 2002 Provided free legal counsel to members of the public. Recruited and supervised other attorneys to do the same. Presiding Judge Royal I. Hansen Third District Court Salt Lake District 450 South State Street Salt Lake City, Utah 84114 Telephone: (801) 238-7370 More available upon request REFERENCES Carlos A. Esqueda Assistant United States Attorney 185 East State Street, Suite 300 Salt Lake City, Utah 84111 Telephone: (801) 325-3352 Agenda Page 84 of 117 DANIEL BLACK 2946 South 625 West, Bountiful, UT 84010 (801) 326-9743 • dAnglawscb.com Education University of Utah S.J. Quinuey College of Law — Salt Lake City, UT Juris Doctorate — May 2014 • 3.59 GPA — Top 30% - CALI {highest grade in class} in Legal Methods and Immigration Law • Intern, Salt Lake Legal Defenders Association, 2013-2014 ■ Participant in 2014 Regional Trial Advocacy Competition in Oklahoma ■ Judicial Intern, Magistrate Judge Dustin Pead, U.S. District Court of Utah, Summer 2013 ■ Judicial Intern, Salt Lake Immigration Court, Summer 2012 • Teaching Assistant, Legal Research and Writing Class, 2013-2014 • PR Director, Student Bar Association of the S.J. Quinney College of Law • Leary Scholar for Spring Semester 2013 University of Utah — Salt Lake City, Utah B.S. Finance - December 2008 • 3.70 GPA ■ Intern with the U.S. District Court of Utah, Hinckley Institute of Politics - Spring 2008 ■ International Exchange Student, University of East Anglia, Norwich, England - Spring 2007 Work Exaerience Stowell, Crayk & Bown, PLLC, Salt Lake City, UT Associate Attorney, October 2014 — present; Law Clerk, February 2014 — October 2014 • Public Defender, Immigration Law, and Criminal Defense Associate • Over 30 bench trials and a dozen jury trials, including 4 felony jury trials Goodall Defense Law Firm, Salt .Lake City, UT Law Clerk, October 2012 —January 2014 ■ Researching and drafting motions, complaints, answers, subpoenas, appeals, memoranda, etc. for criminal and civil cases, along with general clerical and office management duties. Court Supportive Services, Park City, UT Court Liaison, April -August 2011 • Provided support to judges, prosecutors and defense attorneys to ensure client compliance with court orders; managed client accounts. Interpreted classes for Spanish-speaking clients. Peace Corps, Central Mexico Volunteer, March 2009-2011 • Worked in community outreach, small business development, and eco-tourism development, Volunteer ■ Volunteer Attorney for monthly Pro -Bono Immigration Law Clinic at Welfare Square in SLC, UT • Recipient of the Utah Law Student Pro -Bono Award 2013 • Student Director of the Street Law Pro -Bono Clinic, Summer 2013 ■ Certified Volunteer Income Tax Assistant, Spring 2012 & 2013 • Juvenile Justice Center- Decker Lake Facility volunteer, Salt Lake City, Fall 2005 • Church of Jesus Christ of Latter-day Saints, Missionary, Chile, September 2002 - 2004 Interests • Rugby — Played in High School, Collegiate, and Mexico National Championship Tournaments • Fluent in Spanish Agenda Page 85 of 117 JOSEPH M. JOHNSON 7657 Birch Street Midvale, Utah 84047 (801)673-5828 j osenh. ma rti n. j ohnson*gma il.com EDUCATION UNIVERSITY OF UTAH S.J. QUINNEY COLLEGE OF LAW, J.D., May 2014 BRIGHAM YOUNG UNIVERSITY, B.S. in Psychology, August 2008 EXPERIENCE STOWELL CRAYK & BOWN, PLLC, Salt Lake City, Utah May 2012-present Law Clerk, May 20I2-October 2014; Associate Attorney, October 20I4 present; • Prepare, revise, review, copy, and file immigration forms for asylum, adjustment of status, U visas, Deferred Action for Childhood Arrivals, employment authorization, consular processing, and cancellation of removal ■ As a public defender, assist indigent clients to reach resolutions with judges and prosecutors in criminal matters, as well as reviewing their cases with judges ■ Draft motions and memoranda for immigration court relating to clients' qualifications for bonds, cancellation of removal, adjustment of status, asylum, and prosecutorial discretion • Draft motions and memoranda for criminal justice courts, oftentimes relating to or reductions of criminal convictions or factual clarifications ■ Communicate with clients to request additional information for cases and advise them of upcoming hearings or deadlines • Calendar appointments for sell, other attorneys in office, and other staff members UNITED STATES POSTAL SERVICE, Salt Lake City, Utah August 2009-August 2011 Data Conversion Operator; • Type appropriate information for mail pieces for bar code conversion and delivery SHANTI BHAVAN CHILDREN'S PROJECT, Bangalore, India January 2009-April 2009 Volunteer Instructor; ■ Teach various aspects of the curriculum to children of the "untouchable" caste in grades K-12, including mathematics, science, geography, and physical education VISTA ADOLESCENT TREATMENT CENTER, Magna, Utah October 2008-January 2009 Staff Member; • Mentor troubled teens, including participating in and overseeing various meetings and assisting with various assignments and activities LICENSUR.ES AND SKILLS ADMITTED TO THE UTAH STATE BAR NOTARY PUBLIC SPEAK FLUENT SPANISH Agenda Page 86 of 117 Shawn Michael Smith 2329 East Kensington Avenue, Salt Lake, Utah 84115 801-660-0226 • Shawn@laW SCb.CDm Education Creighton University School of Law, Omaha, NE ID., May2014 Honors and Activities: ■ National Horror Society: Order of the Banisters • Recipient of the Honorable Lyle E Strom Scholar in Trial Advocacy • Trial Competitions: ABA Arbitration Competition (Semi -Finalist), Texas Young Lawyers National Competition, National Animal Law Competition (Closing Arguments). Relevant Course Work: • Litigation Emphasis: Criminal Procedure, Criminal Law, Civil Procedure, Conflicts of Law, Trial Practice, Witness Examination, Advance Trial Practice, Evidence, Scientific Evidence, Arbitration, and Prosecution of a Criminal Case Utah State University, Logan, UT B.S., Political Science, May 2012 Work Experience Attorney; Stowell, Crayk and Bown Salt Lake, Utah (Sep. 2015 - Present) ■ Tasks: Working criminal defense cases from beginning of litigation to end. Involved in firms public defender contracts, which includes; hundreds of criminal cases, and dozens of trials and motion hearings. Attorney; Reza Athari and Lui Salt Lake, Utah (Feb. 2015 -Aug. 2015) • Tasks: Conducted bond hearings, motion hearings and trials. Drafted memos and other court documents. Researched immigration statutes. Attended immigration hearings and removal proceedings. Law Clerk, Douglas County Attorney's Office Omaha, Nebraska (Nay. 2013-May2014) • Worked in Douglas County Prosecution Office (Felony Division) Tasks: Gathered and analyzed evidence. Reviewed case law and statutes for pertinent cases. Helped prepare warrants and subpoenas. Drafted memos and other court documents. Law Clerk, Layton City Attorney's Office Layton, Utah (Summer, 2012) • Tasks: Screened police reports to assess charges, participated in arraignments, pre-trial hearings, traffic hearings, civil trials and criminal hearings. Spoke with police officers and relayed legal advice. Skills/Volunteer Experience LDS Service Mission • Speak fluent Spanish ■ Layton High School Mock Trial Team Attorney Coach Torreon, Mexico (2003-2005) Layton, Utah (2014-16) Agenda Page 87 of 117 ASCENT LAW Michael R. Anderson, JD James R Balinforth, JD Gregory B. Lyle, JD Andrew J. LaPorta, JD VIA FIRST CLASS MAIL Rachel E. Stenta, City Recorder City of Moab 217 East Center Street Moab, Utah 84532 Utah Address: 8833 South Redwood Road, Suite C West Jordan, Utah 84088 September 26, 2016 Re: Proposal for Public Defender Services Contract — Moab City Dear Ms. Stenta: Phone:801-676-5506 Facsimile: 801-676-5508 Toll -Free Phone: 800-564-2707 www.ascentlawfirm com This letter is regarding the above -referenced matter and sent as the required Responses for the Request for Proposal due on or before September 30, 2016. Pursuant to Article VII of the Request for Proposals, the contact information for the firm is 8833 South Redwood Road, Suite C, West Jordan, Utah 84088, Telephone: 801-676-5506 e-mail address is office@ascentlawfirm.com and my email address is: Michael@ascentlawfirm.com. The remaining information sought in the RFP is enclosed herewith. Thank you for your attention to this matter. We look forward to serving the people of Moab. I am MRA/lm c� c a) a) Q Very Michael R. Anderson, JD Attorneys and Counselors at Law Page 88 of 117 ASCENT LAW Michael R. Anderson, JD James R. BalmfOrth, JD Gregory B. Lyle, JD Andrew J. LaPorta, JD Executive Summary Utah Address: 8833 south Redwood Road, Suite C West Jordan, Utah 84088 Prepared For Moab City Request for Proposals - Public Defender Phone: 801-676-5506 Facsimile: 801-676-5508 Toll -Free Phone: 800-564-2707 www.ascentlawfirm. com Ascent Law, LLC is a law firm with one office, and four active attorneys who regular practice in Salt Lake County, State of Utah and surrounding areas. Of the four attorneys, all are licensed in the State of Utah and are in good standing. James R. Balmforth, JD has previously held a public defender contract while living in the State of Michigan and has over ten years of legal practice in criminal defense. Gregory B. Lyle has experience in criminal defense as well and has been licensed in Utah for six years. Michael R. Anderson and Andrew J. LaPorta have both been practicing law in Utah for over a year and have criminal defense experience. Resumes of all attorneys are enclosed herewith. It is anticipated that all four (4) of these attorneys would fill the position of Public Defender for Moab City with mainly Mr. Balmforth or Mr. Lyle providing the main services at the Moab Justice Court. If needed, Mr. Lyle, Mr. Anderson, and Mr. LaPorta are available to fill in as needed should any of the other attorneys become ill or unable to appear at the court. The firm currently has two (2) full time paralegals; two (2) full time assistants and one (1) part time clerk. The firm intends to hire another staff member and another attorney to assist with the firm's current case load should Ascent Law be awarded the contract with Moab City. Technical Requirements and Content: 1. Statement of Qualifications. As outlined previously, all attorneys are licensed and in good standing in the State of Utah. All of the attorneys in the office have criminal defense experience, Mr. Balmforth and Mr. Lyle with the majority of such experience. Copies of all four (4) attorneys' licenses are enclosed herewith along with their resumes. Ascent Law currently holds a malpractice insurance policy. A copy is enclosed herewith. If the minimum requirements are not sufficient for the contract, Ascent Law is willing and able to increase the limits pursuant to the City's request with 30 days' notice. 2. Past Client list. Although Mr. Balmforth has been a public defender in the State of Michigan when he was sole practitioner, the law firm of Ascent Law has not been previously awarded a public defender contract. 3. Professional References. Three (3) professional references who can attest to our ability to c� c a) a) Q Page 89 of 117 competently represent clients in criminal cases include the following: (1) George Priday 801- 633-8930; (2) Rodney Belt 801-509-1179; and (3) Ryan Simpson 801-921-6409. 4. Compensation Proposal. We propose a billing model of $100.00 per hour for attorney time and $30.00 per hour paralegal time for time spent on the contract. Based on the information provided by the City in the RFP, Ascent Law estimates that it will take about 10- 12 hours per week of attorney time and 8-12 hours per week of paralegal time. This would result in a monthly estimate of $4,300 - $6,200 per month. Ascent Law is willing to put a monthly "cap" on the billable hours so as not to go over a budget. If the City prefers to be billed on a flat fee monthly contact basis, Ascent Law is willing to do so at a monthly rate of $5,000 per month. If the City prefers to be billed on a per case basis, Ascent Law is willing to do so at the per case rate of $275.00 per case. Any of these three (3) different pricing scenarios will work for Ascent Law. Ascent Law is willing to further negotiate these rates based on types of appointment on the three (3) year contract. 5. Additional Information. As outlined above, Ascent Law has five (5) total staffmembers currently and is able to acquire additional staff as needed. Ascent Law can handle the caseload of approximately 50 new cases per month with one new staff member and 100 new cases per month with two additional staff members. The law firm currently uses a system called "rnycase" which allows staff to quickly discover conflicts (if any) by running a name search. Ascent Law is friendly and easy to work with. The law firm would be happy to accommodate the Court Administrator to create an agreeable schedule and the firm is even willing to change days and dates depending on the Court's needs. If awarded the contract, Ascent Law will open an Office in Moab City and place one (1) staff member and one (1) attorney at that office full time to facilitate the ability to easily give indigent defendants the ability to consult with the office or with their attorney in advance of a court hearing when necessary. Ascent Law is able to handle each appointed case through the exhaustion of all case appeals when necessary. 6. Case Methodology/Approach to providing public defender services. Ascent Law is committed to provide the legal representation to indigent defendants in a skilled and professional manner that is consistent with all standards set forth by the Utah State Bar. The law firm's primary duty and responsibility is to do what is in the client's best interests and represent them and give candid legal advice. Ascent Law will not allow the caseload to of the attorneys to become excessive so that each client shall have the necessary time and effort needed on their case to ensure effective and efficient representation. Because all of these cases are misdemeanors, it is anticipated that the time will be lower than on felony or capital cases. RESPECTFULLY SUMITTED this 21st day of September, 2016. t Michael And; s. , 'j Member of Ascent aw LLC Attorney and Counselor at Law tv -a c d a) Q Page 90 of 117 Attorney Licenses al c a) a) Q Page 91 of 117 UTAH STATERVICE McMber Directory Profile Gregory Lyle Basic Information Prefix First Dame Muddle Name Last Larne Bar Number Type Status Date Admitted Law School Mr Gregory S Lyle 132% Active Attorney Paid 1 D/13/2010 University of Utah Page 92 of 117 UTAH STARM. Member Directory Profile James Bahnforth Basic Information Prefix Mr. First Name James Middle Name R Last l+me Balmforth Bar Number 14932 Type Active Attorney Status Paid Date Admitted 3/18/2014 Law School Brigham Young University c� c a) a) Q Page 93 of 117 UTAH STAA,IRAM. Member Directory Pratle NDREW IAPORTA Basic Information Prefix Mr First Name ANDREW Middle Name J Last Name LAPGRTA Bar Number 15422 Type Active Attorney with less than 3 years Status Paid Law School University of Utah Page 94 of 117 UTAH STARRAM ,14 member Directory Profile IV ICHAEL ANDERSON Basic Information Prefix Mr. First Name MiCk IAEL Middle Name R. Last Name ANDERSON Bar Number 15440 Type Active Attorney with less than 3 years Status Paid Law Schaal University of Utah Page 95 of 117 Attorney Resumes al c a) a) Q Page 96 of 117 DAMES BALMFORTH 900 Hermitage Farm Lane, Stockbridge, MI 49285 Home: (517) 851-7495 - Cell: (517) 851-2966 - jrbalmforth@gmail.com PROFESSIONAL SUMMARY Dedicated, versatile attorney with thousands of hours in the courtroom. Exceptional writer and researcher who communicates clearly and effectively with clients, attorneys, jurors, and judges. WORK HISTORY 11/2015 to Current Attorney Ascent Law, LLC — West Jordan, Utah • Engaged in commercial litigation including contract disputes and business torts. • Handled family law, criminal, and probate cases from inception to completion. • Represented debtors in Chapter 7 and Chapter 13 bankruptcy cases. 03/2013 to 11/2015 Attorney Wood Balmforth LLC — Salt Lake City, Utah • Litigated complex cases involving securities fraud, civil RICO, and breach of fiduciary duty claims in state and federal courts. • Managed and analyzed voluminous discovery materials providing detailed case analysis and evaluation. • Took and defended depositions of parties, lay witnesses, and experts. 11/2002 to 03/2013 Attorney Law Offices of James R. Balmforth, P.C. — Howell, Michigan • Handled family law, probate, civil, criminal, and bankruptcy cases from inception to completion. • Worked extensively with at risk youth in the juvenile drug court. • Advised clients with starting, buying, and selling businesses. 01/2005 to 06/2006 Attorney Law Offices of Gatesman & Spickard, P.C. — Howell, Michigan • Litigated high volume of court -appointed felony matters while maintaining high standards of practice. MILITARY 1996 to 2000 Officer U.S. Navy — Norfolk, Virginia • Supervised, trained, and evaluated perforrnance of 60 military and civilian personnel in supply and logistics operations. EDUCATION 1995 Juris Doctor Brigham Young University — Provo, Utah 1991 Bachelor of Science: Accounting Brigham Young University — Provo, Utah ca C a) a) Q Page 97 of 117 Gregory Lyle South Jordan, UT gregblyle@gmail.com - (801) 663-6406 WORK EXPERIENCE Dexter & Dexter - Orem, UT - May 2013 to May 2014 • Criminal defense: Felony, misdemeanor, DUI, and more • Represent clients in Chapter 7 and Chapter 13 bankruptcy cases • Family based immigration Shumway Van & Hansen - Salt Lake City, UT - March 2012 to April 2013 • Business transactional work and business planning • Trademarks, collections, estate planning, probate, bankruptcy, immigration, and more • Real estate transactional and litigation, foreclosures, land use • Commercial and contract litigation law clerk in Oct Tesch Law Offices - Park City, UT - October 2008 to March 2012 • Business transactional work, setting up companies, articles, bylaws Park City, UT • Real estate litigation and transactional work including: Review and draft contracts, purchases of land, municipalities assessments/taxes, landlord/tenant, HOAs, and more • Estate planning drafting trusts, wills, powers of attorney, healthcare directives and more • Started as a law clerk in Oct. 2008 and hired as an attorney in Oct. 2010 Advertising Account Coordinator 5tudeo Interactive Direct - Salt Lake City, UT - May 2006 to July 2007 Planned nationwide advertising media for clients and Winder Farms TV commercial Missionary Jesus Christ - Santiago de Chile, Regi6n Metropolitana - 2001 to 2003 Served in Santiago, Chile EDUCATION J.D. in Clinical University of Utah S.J. Quinney College of Law - Salt Lake City, UT October 2010 B.A. In Communications Brigham Young University - Provo, UT August 2006 ADDITIONAL INFORMATION & SKILLS • Skilled in legal research on Westlaw, Lexis, Casemaker, AmJur, CJS, and all major treatises • Proficient in Excel, Microsoft Word (Mail Merge), and PowerPoint Page 98 of 117 " F a c u l t y M e m b e r o f C E O S p a c e I n t e r n a t i o n a l ( f o c u s i n g o n b u s i n e s s a n d s e c u r i t i e s l a w ) " M e m b e r o f U t a h S t a t e B a r B u s i n e s s , S e c u r i t i e s , a n d C o r p o r a t e C o u n s e l S e c t i o n s I N V O L V E M E N T " S a l t L a k e C o u n t y R e p u b l i c P a r t y D e l e g a t e 2 0 1 4 - 2 0 1 5 a l C a ) a ) Q P a g e 9 9 o f 1 1 7 Michael R. Anderson. Attorney & Counselor at Law 8833 South Redwood Road, Suite C, West Jordan, Utah 84088 (801) 676-5506 Michael@ascentlawfirm.com SKILLS SUMMARY • 5 years transactional law and contracts • 4 years in criminal law • 7 years in legal compliance and research • 11 years in financial services industry • 5 years in Real Estate Transactions • 9 years in employee development • 13 years supervisory experience • Global experience (Multi-IinguallMulti-cultural) (Spanish) PROFESSIONAL EXPERIENCE Partner, Ascent Law Firm, West Jordan, UT, May. '15 to Present • Managing Partner— Managed over 150 cases a month, built relationships for business growth, managed 4 attorneys and 3 staff, oversaw billing and general practice management • Workload Contracts, Business Litigation, Business formation, Real Estate, Family Law, Law Firm Management, Client Acquisition Owner and CEO, Aviago Business Solutions, Murray, UT, Aug. '14 to Present • Creation of the Company —Managed a team of design and coding professionals in creating gamification systems, SaaS packages, and backend that allows the company to function smoothly. • Workload Contracts, Hiring, Client Retention and Management. Law Clerk, Goodall Law, SLC, UT, Jan. '14 to May '15 • Legal Research and Writing— Researched and prepared dozens of memorandum, motions, and opinions preparatory for active litigation. • Workload Criminal Defense, DUI, Employment Law, Discrimination, Contracts, Trial Preparation • Criminal Trial work, including a murder trial Intern to the President Guarantee Capital —Wasatch Guarantees & Capital, SLC, UT, Aug. '13 to Dec. '13 • Contract Preparation — Prepared Guarantee agreements between WGC and the lender to secure capital for property acquisition. • Document Review —Reviewed lending documents for Guarantees and Capital lending • Corporate Entities Audit — Standardized systems between acquisition of property, lending, and security. Intern to the VP of Corporate Finance —Wasatch Acquisitions & Capital, Logan, UT, May. '13 to Aug. '13 • Contract Preparation — Scrutinized and prepared contracts between lenders, buyers, and sellers for purchase of real property, 1031 swap agreements, and financial document for proposed investment properties. • Document Review — Purchase Contracts, Employment Contracts, and Contracts for Franchise acquisition • Corporate Entities Audit— Verified and secured legal compliance of over 250 business entities. Head Trainer/ Team Lead —Sales Department, Clearlink, SLC, UT, Nov. `10 to Jan. '12 • Asset Development —Responsible for the development of over 300 sales representatives in a constantly changing sales environment. Proven record of communicating managerial purpose to the sales floor while increasing revenue by developing already hired assets. EDUCATION University of Utah -- Baccalaureate of Arts, English, 2010 University of Utah — College of Law, Juris Doctor 2015 Utah State Bar — Active since 2015 Page 100 of 117 ANDREW J. LAPORTA, ESQ. Education UNIVERSITY OF UTAH, S.J. QUINNEY COLLEGE OF LAW, SALT LAKE CITY, UT JURIS DOCTOR, DECEMBER 2014 • 3.00 GPA • Graduated early UNIVERSITY OF IDAHO COLLEGE OF LAW FIRST YEAR OF LAW SCHOOL, 2012-2013 • 3.00 GPA with Top 30% Class Standing • 15` Year Dean's List • IL Representative, Federalist Society BRIGHAM YOUNG UNIVERSITY-IDAHO, REXBURG, ID BACHELORS OF SCIENCE, HISTORY, MAY 2011 • Minor in Political Science • Member, Pre -Law Society Experience IDAHO SEVENTH JUDICIAL DISTRICT February 2015 to Present. • Served as law clerk for the Honorable Joel E. Tingey. Researched and drafted numerous opinions and bench memoranda on a variety of civil and criminal matters on which the judge heavily relied. Advised the judge on dispositive pre-trial motions, motions in limine and motions to compel. Prepared jury instructions. Observed legal proceedings over which the judge the presided to become fluent in courtroom proceedings. OLSEN SKOUBYE NIELSON LLC, MURRAY, UT, August 2014 • Selected for independent research project undertook to review legislation in various states that have allowed for transfer on death deeds for real property. Project was used to determine the feasibility of passing similar legislation in Utah. SALT LAKE LEGAL AID SOCIETY, SALT LAKE CITY, UT, June -September 2014 • Successfully argued dozens of petitions for protective orders before a county commissioner. Also interviewed clients, prepared affidavits, and represented clients under the third year practice rule. PROTECTION 1 SECURITY SOLUTIONS, OREM, UT, March -August 2014 • Worked alongside general counsel for Protection 1 and outside counsel in litigating numerous claims against former salesman who had committed fraud against Protection 1. This included investigating potential fraudulent transactions, drafting complaints and preparing initial disclosures. Bar Admissions • Member of the Utah Bar • Currently filing paperwork to become member of the Idaho Bar as c a) a) Q Page 101 of 117 Law Firm Malpractice Insurance al c a) a) Q Page 102 of 117 Policy Number: 580.311497-7 INSURER:. Crutftr: United States Fire Insurance Company f}: The North River Insurance Company 305 Madison Avenue Morristown, NJ 07962-1973 LAWYERS PROFESSIONAL LIABILITY PLATINUM PROTECTION NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS POLICY PROVIDES COVERAGE FOR CLAIMS FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. WORDS AND PHRASES WHICH ARE PRINTED IN BOLD ITALIC TYPEFACE HAVE SPECIFIC MEANING AND ARE DEFINED IN SECTION IV. OFTHE POLICY. UNLESS STATED OTHERWISE BY SPECIFIC ENDORSEMENT, DEFENSE EXPENSES ARE INCLUDED IN THE LIMIT OF LIABILITY AND REDUCE THE, LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES. Item 1 Named Insured & Street Address: Ascent Law LLG 8833 S. Redwood Rd, Suite G West Jordan, Utah 84088 Item 2 Policy Period: From 08/03/2016 (Effective) To 08/03/2017 (Expiration) (12:01 a.m. local time at the address shown in item 1) Item 3 Limit of Liability $250,000 Each Claim $500,000 Policy Aggregate These amounts include Defense Expenses unless this Section Is amended by specific endorsement of this policy. Item 4 Deductible: $2,000 Each Claim This amount applies to Defense Expenses unless this Section is amended by specific endorsement of this policy. This amount applies to each Claim unless this Section is amended by specific endorsement of this policy. Item 5 Premium: $7,298 for the Policy Period Total: $7,298 r $125 Broker Policy Fee = $7423 Iola! Item 6 Prior Acts Date; 08103/2005 Item 7 The following endorsements, if any, are made a part of this policy at issuance: LPL - 100 (09110), LPL - 107 (09110), LPL -125 (07/12), LPL -126 (01/13), LPL -127 (03/13), LPL -129 (08/13), LPL -130 (08/13), OFAC Notice , MI 07 001 01 15 These Declarations, the application, and the policy with endorsements attached thereto, constitute the entire agreement between the insurer and the Insured. Countersigned (if required by law): LPL - 100 (09110) Date: as c N a) Q Page 103 of 117 CRIMINAL DEFENSE "INDIGENT DEFENSE PROPOSAL" R. Pietryga Law Office, P1lc Russ Pietryga 1547 Bryan Avenue Salt Lake City, Utah 84105 Telephone: 801-505-1586 Facsimilie: 888-345-5929 Email: russ@saltlakeDULcom Web sites: utanduilegal.com Utah-domestic-violence-attorney.com Utah-drug-possession.com Bestutahcriminalattorney.com cts c a) a) Q Page 104 of 117 Statement of Qualifications I have practiced criminal law in Utah since 1999. My first job, starting in 1999, was with Kelley and Kelly, Pllc., providing conflict indigent defense for people accused of abusing or neglecting their children, in the 3rd District Juvenile Court. While employed with Kelley and Kelly, I also worked as a public defender in Sandy and South Jordan Justice Court. My second job was with Laherty & Associates, P.C. At that time, they were the primary public defenders for parental defense in the 3rd District Juvenile Court. While employed with Laherty and Associates I was assigned to the drug court. Additionally, I maintained my public defender contracts with Sandy and South Jordan Justice Courts. In 2006, I opened my own practice, Pietryga Law. At that time, I had 4 public defender contracts, they were: 3rd District Juvenile Court; abuse, neglect and dependency, indigent defense; 3rd District Juvenile Court, juvenile criminal defense; 3rd District Summit County, adult public defense; Sandy Justice Court; adult public defense; and South Jordan Court, adult public defense. Currently, I practice solely criminal defense throughout Utah. I have two offices, one in Salt Lake City and the other in St. George. I employ one full-time attorney and two part-time attorneys. I am a member of the following organizations: The National Association of Counsel for Children; The National Advocacy for DUI Defense; National College for Page 105 of 117 DUI Defense; Criminal Trial Lawyers Association; National Academy of Criminal Defense; and Utah Association of Criminal Defense. I have the following accolades: The National Trial Lawyers, Top 100 Trial Lawyers; Top 10 Utah Criminal Attorneys; Top 75 DUI Attorneys, State of Utah; and a Superb rating on AVVO (please refer to (https://www.awo.com/attorneys/84105-ut-russell-pietryga- 4141496/reviews.html) for additional client reviews and feedback on criminal matters). Lastly, I write and present continuing legal education courses for attorneys. Most recently, I taught a class on Utah criminal procedure. Past Client List 3rd District Juvenile Court —Represented parents charged with abuse and neglect. 3ra District Juvenile Court —Represented juveniles charged with a crime. 3rd District Court/Summit County —Conflict adult criminal defense. Sandy City Justice Court —Adult criminal defense. South Jordan Justice Court —Adult criminal defense. Professional Reference List Doug Johnson —Sandy City Prosecutor-801-633-0059 Mike Scott —West Jordan Prosecutor-801-783-6908 Dave Brickey—West Jordan Prosecutor--435-6591926 Todd Mecham—Sandy City Public Defender-801-4505758 cts c a) a) Q Page 106 of 117 Compensation Proposal I represent around 10 to 15 private clients in Moab and Monticello a year. I already have enough attorneys and presence throughout the state. I am interested in residing in Moab, Utah. Because of this, I am willing to cover the public defender duties for $22,000.00 a year. This will cover my office expense. $22,000.00 plus my private clients will be sufficient al c a) al Q Page 107 of 117 RUSS S. PIETRYGA 1547 Bryan Avenue Salt Lake City, Utah 84105 Phone: (801) 505-1586 E-mail: russ@saltlakeDUI.com ATTORNEY Public Defender. 3'd District Juvenile Court, Sandy City, South Jordan & Summit County Accomplished attorney with a proven track record of success conducting legal research, analysis, trial preparation, document preparation, and document drafting. Proven ability to logically and effectively analysis statutes, ordinances, case law and factual data. Concise, complete, logical, objective and persuasive in both written and oral communications. Ability to anticipate and evaluate all issues to adequately protect clients, and complete projects producing professional results while adhering to rigid deadlines. EDUCATION J.D., THOMAS COOLEY LAW SCHOOL, Lansing, Michigan-1998 B.S., EASTERN MICHIGAN UNIVERSITY, Ypsilanti, Michigan-1995 Public Law & GovernmentlMilitary Science CERTIFICATE, NAVAL AIR TECHNICAL TRAINING CENTER, Millington, Tennesee-1987 Aviation Electronics CERTIFICATE, NAVAL SPECIAL WARFARE CENTER, Cornado, California-1988 Underwater Demolition/Sea, Air &Land Training CERTIFICATE, U.S. ARMY INFANTRY SCHOOL, Fort Benning, Georgia-1989 Airborne School LEGAL LICENSE & AFFILIATIONS STATE OF UTAH BAR ASSOCIATION-1999 NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS MILITARY UNITED STATES NAVY, Little Creek, Virginia-1986 Petty Officer 3r1 Class -Seal Team Two Honorable Discharge USNavy-1994 c� c a) a) Q Page 108 of 117 RUSS S. PIETRYGA-PAGE TWO PROFFESSIONAL EXPERIENCE PIETRYGA LAW OFFICE, PLLC, 2006 to present Managing Attorney • Managed criminal and family law practice, including all aspects of administration, accountability for profit and loss, controlling costs, and achieving revenue objectives. • Coordinate multifaceted office functions encompassing court calendar management. • Prepare content -specific case files, supporting forms, documentation, and photographs. • Perform computerized and law library research to obtain and gather case -relevant materials. • Prepared pleading and other legal documents in connection with trials, hearings and other legal proceedings. • Primary focus is criminal law, juvenile law and family law. LOKKEN & ASSOCIATES, PC, 2000 to 2006 Associate Attorney • Coordinate multifaceted office functions encompassing court calendar management. • Prepared content -specific case files, supporting forms, documentation, and photographs. • Performed computerized and law library research to obtain and gather case -relevant materials. • Prepared pleading and other legal documents in connection with trials, hearings and other legal proceedings. • Primary focus was representing parents in abuse, neglect and dependency proceedings in juvenile courts and representing individuals in family law proceedings. KELLEY & KELLEY, LLC,1998 to 2000 Associate Attorney • Coordinate multifaceted office functions encompassing court calendar management. • Prepared content -specific case files, supporting forms, documentation, and photographs. • Performed computerized and law library research to obtain and gather case -relevant materials. • Prepared pleading and other legal documents in connection with trials, hearings and other legal proceedings. • Primary focus was family law. al c a) a) Q Page 109 of 117 Public Defender RFP Responses Respondent Experience (1-5) Proposed cost (1-5) Robustness of proposed approach Total score (15 max) Ascent 4 2 3 9 Pietryga 3 4 1 8 Stowell Crayk Bown 5 4 4 13 Agenda Page 110 of 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MOAB CITY PUBLIC DEFENDER SERVICES 10/06/16 2 - t d , OD kfrt Name Amount op, Law offi c_fi - o W e II r re, a- i<r e w rr a, 000- 00 Present at Bid Opening: Name: t)Gt rL, tc-1,14.0rre r4U 12tYY1 f.\ALIlce_ 1 � 016 c d 0 Q Page 111 of 117 City of Moab Recorder's Office CITY OF MOAB REQUEST FOR PROPOSALS PUBLIC DEFENDER SERVICES The City of Moab desires to obtain the contract services of a qualified attorney or legal firm to provide criminal defense legal representation to qualified indigent clients. The term of the contract will be three (3) years in duration, beginning on November 1, 2016. Request for proposal forms are available at the Moab City Offices located at 217 East Center Street, Moab, Utah 84532 or online at: www.bidsync.com. All proposals must be turned in to the Moab City Recorder's Offices, located at 217 East Center Street, Moab, Utah 84532. Moab City reserves the right to reject any or all proposals; or to accept or reject the whole or any part of the proposal; or to waive any informality or technicality in the interest of Moab City. The Deadline for all requests for proposals is 4:oo p.m. Friday, September 3o, 2016. For further information, please contact the Moab City Recorder's office at: (435) 259-5121. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, September 15, and 22, 2026. Agenda C:\Users\rstenta\Google Drive\Recorder\Bids\2016\public defender\public defender ad.docx Page 112 of 117 City of Moab Public Defender Contract Request for Proposals PROPOSALS DUE: 4:00 PM Friday, September 30, 2016 City of Moab 217 East Center Street Moab, Utah 84532 Agenda Page 113 of 117 I. Introduction The City of Moab desires to obtain the contract services of a qualified attorney or legal firm to provide criminal defense legal representation to qualified indigent clients. The term of the contract will be three (3) years in duration, beginning on November 1, 2016. II. Background The City of Moab prosecutes Class B misdemeanors and below in the Grand County Justice Court. The City is required to provide Public Defender services for qualified indigent defendants, as appointed by the court. In 2015, the Grand County Justice Court appointed a Public Defender for 20 individuals for City of Moab cases. For the total number of charges filed in Justice Court on behalf of the City of Moab, there were 636 charges filed for traffic offenses and 225 charges filed for misdemeanors, noting that a given case can have charges for multiple fields. For many years, the City of Moab has provided Public Defender services for qualified indigent defendants through an informal hourly -basis arrangement with a local attorney. Given the number of cases handled each year, as well as a need for the City to seek competitive proposals for professional services it pays for, the City is seeking proposals for this service. III. Provision of Services The City of Moab Public Defender shall provide legal services and representation to qualified indigents appointed by the Grand County Justice Court, for City of Moab cases involving Class B misdemeanors and below. Services for clients shall include, but not be limited to, office and telephone conferences, conferences in jail, arraignments, preliminary and other hearings, trials, appeals to the District Court, attendance at relevant drug court proceedings, and any other proceedings required in the matters and actions involving such indigents. The City of Moab Public Defender will agree to make all reasonable efforts to visit incarcerated indigent clients at the earliest reasonable time and to be reasonably accessible to such indigent clients in advance of hearings and proceedings, for the purposes of interviews, gathering information, making decisions about the case, and performing other duties as necessary to adequately and properly represent the client. The Public Defender shall maintain a suitable and accessible office, located within Moab City limits. The City of Moab Public Defender will maintain records of all services provided as the City of Moab Public Defender. The City of Moab Public Defender will bill the City of Moab on a monthly billing schedule. Agenda Page 114 of 117 The City of Moab Public Defender shall not provide representation to indigent clients charged with municipal code violations, for juvenile delinquency violations or dependency cases. The Public Defender shall not be responsible to act as a court -appointed Guardian ad litem for indigents. IV. Other Clients The City of Moab Public Defender will be entitled to maintain a private law practice and represent other clients in other criminal or civil cases. V. Conflicts of Interest In the event of a conflict of interest, inability, or other circumstances in which the City of Moab Public Defender is not able to represent an indigent client, the City of Moab Public Defender will be expected to make such circumstances immediately known to the Justice Court, which will determine if conflict or other such circumstances exist. It is understood that the Court may excuse the City of Moab Public Defender from the case and may appoint another attorney to represent the indigent client. If the agreement between the City of Moab and the Public Defender provides for a flat fee for Public Defender services, regardless of the number of cases or hours works, then the Public Defender shall be responsible for any costs incurred for cases assigned to other attorneys. If the services are provide on an hourly basis, then the City of Moab shall pay for costs associated with cases assigned to other attorneys. VI. Services to be subject to the terms and conditions of an agreement Service rendered by the City of Moab Public Defender shall be provided for in an agreement between the City of Moab and the selected attorney or legal firm. The agreement must be duly approved by the Moab City Council prior to the start date of the agreement, and incorporate the elements of this RFP, as well as other conditions in the proposal that have been agreed upon by the parties, including compensation for services. The selected attorney or firm shall provide an initial draft of the agreement for city staff review. The term of the agreement shall be three years, commencing on November 1, 2016. VII. Proposal Submittal Requirements Any qualified attorney or legal firm may be considered for providing the services described in this RFP. Respondents should submit two (2) hard copies of their submittal to: Rachel E. Stenta, City Recorder 217 East Center Street, Moab, Utah 84532 (435) 259-2683 (phone) (435) 269 0600 (fax) rstenta@moabcity.org Agenda Page 115 of 117 All proposals must be submitted no later than 4:00 PM on Friday, September 30, 2016 in order to be considered. Respondents submitting proposals from out of town should take into consideration that over -night delivery to Moab is not always possible. Respondents should not submit boilerplate proposals. Proposals that do not respond to this specific RFP shall not be considered. Proposals will be evaluated on the proposal submittals. Proposals must contain the following information, arranged in the following order: 1. Cover Letter. This cover letter should include contact information including phone number and email, along with any additional information not included in the other RFP submittals. 2. Statement of Qualifications. This statement should outline the qualifications of the attorney and/or firm. The Statement should provide a brief summary of the qualifications of each individual involved in the provision of services described in this RFP. The Statement should describe the experience and knowledge the respondent possesses as they directly relate to the services to be provided. This is not the place to attach resumes. 3. Past Client list. This list should show other municipal -type organizations for which public defender services have been provided. 4. Professional Reference List. A minimum of three (3) professional references should be included. 5. Compensation Proposal. This one page proposal should include a proposed compensation arrangement for the services to be provided. Respondents may put forth a flat fee arrangement, and hourly arrangement, or some other arrangement. Details regarding rates and costs should be included. The City of Moab is not a rich city so please be reasonable with your proposal. 6. Resumes. Resumes of individuals involved with the provision of services as described herein should be included. VIII. Selection Process and Schedule • September 15, 2016: RFP Distributed • September 30, 2016, 4:00 PM: Completed Proposals due to City • Week of October 10-14: Staff Review of Proposals • Week of October 17-19: Follow-up with Respondents and Possible Interviews • October 20, 2016: Selection of Recommended Public Defender • October 20, 2016: Finalization of Recommended Agreement • October 25, 2016: Approval of a Professional Services Agreement by the Moab City Council • By October 28, 2016: Full Execution of Agreement for Services • November 1, 2016: Commencement of Services IX. Conditions and Limitations Agenda Page 116 of 117 The City of Moab expects to select a Public Defender from the proposals submitted, but reserves the right to reject any and all responses to the RFP, to advertise for new responses, or to accept any response deemed to be in the best interest of the City. A response to this RFP should not be construed as a contract or an indication of a commitment of any kind on the part of the City, nor does it commit either to pay for costs incurred in the submission of a response to this request or for any cost incurred prior to the execution of a final Professional Services Agreement. X. Proposal Deadline Proposals are due no later than 4:00 PM on Friday, September 30, 2016. Please submit two (2) hard copies of your full proposal. An emailed document is not a hard copy document and does not satisfy this requirement. XI. Contact Questions should be directed to: Rachel Stenta, City Recorder/Assistant City Manager 217 East Center Street, Moab, Utah 84532 435 259 2683 rstenta@moabcity.org Agenda Page 117 of 117