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Home My Public Portal AboutPKT-CC-2016-11-22Moab City Council November 22, 2016 Pre -Council Workshop **6:30 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 167 Agenda Page 2 of 167 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, November 22, 2016 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 November 1, 2016 1-2 November 8, 2016 SECTION 2: CITIZENS TO BE HEARD SECTION 3: PRESENTATIONS/PROCLAMATIONS 3-1 A Mayoral Proclamation Valuing Diversity within the Moab Community 3-2 Presentation of the Fiscal Year 2015-2016 by Jon Haderlie of Larson & Company SECTION 4: 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 4-8 City Manager SECTION 5: SECTION 6: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Solicitation of Public Input on Proposed Ordinance #2016-14 — An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2016-2017 SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Request by the Moab Resiliency Hub for a Refund of Special Event Fees in an amount not to exceed $290 6-2 Approval of Permits for the 2017 Moab Rocks Mountain Bike Stage Race and Social to be held March 24-28, 2017 6-2.1 Approval of a Special Business Event License 6-2.2 Approval of a Class IV Special Event Beer License 6-2.3 Approval of a Park Use Permit for Swanny City Park 6-2.4 Approval of Park Alcohol Permit for Swanny City Park 6-2.5 Approval of Local Consent for a state -issued Special Event Beer Permit Agenda Page 3 of 167 SECTION 7: NEW BUSINESS 7-1 Request of Approval of a Sole Source Procurement Request to Great Western Park and Playground in an amount not to exceed $38,517.34 7-2 Acceptance of Annual Audit for Fiscal Year 2015-2016 7-3 Approval of a License Agreement with Bear Cloud Software for the Use of Short Term Rental Software 7-4 Approval of the Federal Aid Agreement between the Utah Department of Transportation and the City of Moab for the Mill Creek Drive Intersection Improvement project 7-5 Approval of the Project Agreement for the Water Reclamation Facility Site Preparation Project with Harrison Field Services 7-6 Approval of Task Order #380.06.102 with Hansen, Allen, and Luce, Inc. accepting the Scope of Work for the 2016-2017 Development Review Support project with a fee amount not to exceed $50,000 7-7 Request for Approval of a State Contract Lease with Les Olsen Company for a term of 60 months in an amount not to exceed $15,795 7-8 Discussion to Schedule a Public Hearing for a Conditional Use Permit for Dwellings on the Ground Floor in the C-4 for Property Located at 1600 Mill creek Drive 7-9 Confirmation of a Mayoral Appointment of Chace Gholson to the Moab Mosquito Abatement District Board for a Term Ending December 31, 2020 7-10 Consideration of Cancelation of Regular City Council Meeting on December 27, 2016 SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 167 MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL CITY COUNCIL WORKSHOP/MEETING NOVEMBER 1, 2016 The Moab City Council held a Special City Council Meeting/Workshop on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Dave Sakrison called the Workshop to order at 5:30 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were Interim City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Community Services Director Amy Weiser, and City Engineer Phillip Bowman. Approximately 100 members of the public and media were present. The Workshop consisted of a Presentation by Jeff Beckman and Bob Mayers of Bowen Collins and Associates regarding the Waste Water Treatment Plant and a discussion of the City Council on the consideration and possible approval of Proposed Ordinance #2016-15 — An Ordinance Enacting a Moratorium on New Connections to the City of Moab Wastewater Treatment System. The Council invited questions from the audience. Mr. Mayers discussed the technical memo and presented a slide show showing the current facility and described the state of the facility and the type of treatment that is employed in Moab. He outlined the standards and measures of BODs (Biochemical Oxygen Demand) and TSS (Total Suspended Solids) and the biological loading the current facility is experiencing. He also discussed the variations in high season and cold season, and pointed out the current plant is overloaded. Mr. Mayers proposed that hauling the septage from area vault toilets to Price and/or Blanding for a period of time could increase capacity to offset the Priority Connections list connection applicants. Mr. Mayers also discussed some other interim measures that could alleviate the overload until the new system comes online. The anticipated schedule for the new wastewater plant was outlined, November 1, 2016 Page 1 of 6 WORKSHOP MEETING & ATTENDANCE MEETING CALLED TO ORDER PRESENTATION Agenda Page 5 of 167 with an expected opening date in the Fall of 2018. Councilmember Jones asked about the odor and Jeff Beckman responded that sewer odors will exist until the new plant comes online. The Mayor asked about what the community can do to reduce loading on the existing system. Beckman replied that garbage disposals add significantly to the BOD count. The BODs have increased over the years as in -sink disposals have become more prevalent. He went on to explain that pouring grease down drains is a problem and should be reduced. When questioned about pharmaceuticals poured into drains, he explained that the wastewater treatment plant does not process pharmaceuticals, so these are poured into the river. Councilmember Derasary noted that unwanted pharmaceuticals can be taken to the Sheriff's office or Walker Drug for disposal. Councilmember Derasary asked about what happens if winter tourism increases. It was explained that motel units are factored into the ERUs. The engineers estimated a two percent growth rate every year for a twenty-year span. The following Citizens were heard: William Love asked about downstream chemicals and odors. The reply was that chlorine kills biological organisms, so chlorine is bad. Of the new chemicals in use or proposed, the engineer had no data indicating it can harm the river. Of the polymers discussed, the engineer was unclear if there is concern; if there is concern, they will try to avoid the polymers. Tom Dillon asked about long-term increase of flow. The answer was that the new plant will nearly double capacity, with a 50% expansion potential. Rolf Capply asked about definitions in paragraph 5 about the Priority Connection list. City Attorney McAnany described the proposed exemptions in the proposed and partial moratorium. Developer Gary Blackburn announced he is planning to build twenty November 1, 2016 Page 2 of 6 COUNCIL DISCUSSION CITIZENS HEARD Agenda Page 6 of 167 units by the golf course. He asked if the Wastewater Treatment Plant operators could add organisms or increase the heat of the water to speed processing. The answer was that there is unproven benefit of introduced organisms and that heating water is very expensive. Blackburn also asked about the City's confidence level in the two-year construction timeline for the new plant. The Mayor answered that there would be monetary incentives to build faster and to come online sooner. Councilmember Derasary asked for a summary of some of the hiccups the City has experienced, for the benefit of the audience. The Mayor explained the delay caused by the reported sighting of an endangered bird, the yellow -billed cuckoo. The US Fish & Wildlife Service biologists were on -site to investigate and did not find any birds. The Mayor went on to explain that once the construction is underway, all the trees must be cleared by year's end to ensure more birds do not take up habitation. Councilmember Derasary also asked if the organisms that assist with the processing of the water treatment are outside, and if enclosed, could the enclosures be heated. The response was that the trickling filters are partially enclosed. The engineer went on to explain that heating the enclosure is not out of the question, but it is a very expensive proposition. Councilmember Derasary also commented that, with regard to the endangered bird, the protocols of the US Fish & Wildlife Service are in place. Contractor Richard McElhaney stated that he is working on plans, and he asked if single family homes will be allowed. City Attorney McAnany replied that the proposed moratorium allows for primary residences only, not vacation and second homes. Moab Springs Ranch owner McKay Edwards asked if projects could be permitted and constructed, to be queued up for Certificates of November 1, 2016 Page 3 of 6 Agenda Page 7 of 167 Occupancy once the new system comes online. Interim City Manager Everitt replied that yes, that is what is proposed. Jon Kovash asked about the City's violations with wastewater effluent. The Mayor explained that since the City is trying to move forward, it is unlikely that the City will be fined. He went on to explain that the City is in ongoing discussions with the Department of Environmental Quality (DEQ) and that they have delayed the new plant in various ways. Anne Lawson asked if there were stepped incentives for quick construction of the plant. The Mayor explained that yes, this is being discussed. An unidentified man asked if remodels were to be allowed. The answer was that the proposed moratorium exempts existing connections, so that unless a remodel was extreme in its increased impact, it would be allowed. Richard Blackburn asked if there would be penalties if the contractor did not finish the new plant on time? City Attorney McAnany explained that, yes, typical construction contract rules would apply, including incentives for early completion and penalties for delayed completion. William Love suggested that, instead of raising resident rates, the City should consider increasing impact fees for developers of large projects. The response was that the City has considered this and a legal opinion is required. Councilmember Knuteson-Boyd commented that everyone is impacted. This will be a shared sacrifice. The Mayor asked the Council if they desired action at the meeting or at a later date. Councilmember Derasary stated she would like more time, till November 8. Councilmember Knuteson-Boyd stated she would like more time. Councilmember Derasary said she would like more information from staff about changing opinions. Councilmember Ershadi stated she would like to postpone, to gather more input from the public and the County. Interim City Manager Everitt stated that one option would be to postpone for three months in order to see if the interim November 1, 2016 Page 4 of 6 Agenda Page 8 of 167 measures proposed by the engineers have a significant impact. Councilmember Knuteson-Boyd made a motion to table the consideration of the proposed moratorium indefinitely. Councilmember Ershadi seconded the motion. The motion passed 4-1 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Ershadi voting aye and Councilmember Derasary voting nay. Councilmember Bailey asked City Attorney McAnany if there is wisdom in delay. City Attorney McAnany replied that a run on the bank has begun for the planning and permitting process. He advised that the City Council needs to send a clear direction to staff. He went on to state that sewer services must be tied to issuance of building permits. Community Development Director Weiser stated that she has heard that there are concerns that lenders will not issue building loans without the assurance of future connections. She stated that letters from the City would be issued to lenders to ensure connectivity for projects exempted from the moratorium. William Love stated that the City is in high violation with current conditions at the wastewater plant. He questioned the prudence of another three-month delay. He stated that the City needs to stop digging a deeper hole. By shipping septage to neighboring communities, this will buy some capacity. City Attorney McAnany referred to the Priority Connections list and speculated that several of the larger projects in the permitting process will likely not come online for some time. Councilmember Ershadi stated that she wanted to make sure a moratorium was needed. Councilmember Knuteson-Boyd asked if thirty days was enough to tell if the interim measures would increase capacity. The reply was no. Councilmember Jones acknowledged that he would be personally affected in his work as an architect, but he is intent on acting in the interests of the City. Councilmember Derasary made a new motion to table the consideration November 1, 2016 Page 5 of 6 MOTION TO TABLE, APPROVED NEW MOTION TO TABLE Agenda Page 9 of 167 of the proposed moratorium until the next meeting on Tuesday, November 8. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 6:55 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder November 1, 2016 Page 6 of 6 Agenda Page 10 of 167 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING NOVEMBER 8, 2016 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Mayor Dave Sakrison called the Workshop to order at 6:30 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were Interim City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer Phillip Bowman, Community Services Director Amy Weiser, Planning Director Jeff Reinhart, Treasurer Jennie Ross, Interim Police Chief Steve Ross, Public Works Administrative Assistant Leigh Anne Reinhart, and Parks, Recreation and Trails Director Tif Miller. The Workshop consisted of discussion of Proposed Ordinance #2016-08 — An Ordinance Enacting a Moratorium on New Connections to the City of Moab Wastewater Treatment System. Councilmembers addressed questions and comments received from citizens. Councilmember Derasary related citizens' questions about the status of negotiations between the City and the Department of Environmental Quality (DEQ), chemicals proposed to be used in the current plant to optimize efficiency, limiting hotel occupancy to 80% to reduce the load on the current plant, and rerouting of septage from the area's vault toilets. Councilmember Bailey asked about timeline for the wastewater treatment plant design. The Mayor, City Attorney McAnany, Interim City Manager Everitt, and City Engineer Bowman responded to the various questions. City Engineer Bowman stated that the interim mitigation efforts to increase efficiency of the current plant during construction is now estimated to cost between $300,000 and $400,000 and was estimated earlier to cost about $50,000. Councilmember Ershadi commented that all costs are going up and that a discussion of budget is needed. Councilmember Bailey stated that the November 8, 2016 Page 1 of 9 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP Agenda Page 11 of 167 consulting engineer is doing a revised rate study; sewer rates will all need to be reviewed. Interim City Manager Everitt noted that the annual budget process will be a time to discuss costs, and added that a five-year plan is good practice. He also asked if current staffing levels are adequate. Councilmember Bailey stated that the new Public Works Director starts November 21, and many other positions are open. Councilmember Knuteson-Boyd raised the question of how to enforce the "primary residence" rule in the proposed moratorium. Interim City Manager Everitt replied that enforcement of any code issue is always a concern and the current mode is a complaint -driven process for enforcement. City Attorney McAnany added that it would be a Class B Misdemeanor and explained the repercussions of this type of violation. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Fifty-three (53) members of the public and media were present. Councilmember Derasary moved to approve the minutes of October 11, 25, and 31, 2016 meetings with corrections provided by Councilmembers Derasary and Ershadi. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. There were no Citizens to be heard. Mayor Sakrison presented Pierson Vagts with the Mayor's Student Citizenship of the Month Award for November 2016 for Helen M. Knight School. At 7:15 PM Mayor Sakrison opened a public hearing on Proposed Ordinance #2016-08 — An Ordinance Amending Chapter 13.25 of the City of Moab Municipal Code with New Amounts for the Sewer Impact Fees. There were no citizens to be heard so the Mayor kept the hearing open. He closed the hearing later in the meeting, with no comments before the proposed ordinance was considered. Under Community Services Update, Community Services Director Weiser reported on an update of the Affordable Housing Plan. She noted a request by Zacharia Levine, Grand County Community November 8, 2016 Page 2 of 9 REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION OF STUDENT OF THE MONTH PUBLIC HEARING DEPARTMENTAL UPDATES Agenda Page 12 of 167 Development Director to hold a joint City/County council meeting. Weiser also reported that there is an effort underway to secure housing for the wastewater treatment plant contractors and also that the City's parade float is in the works. City Engineer Phillip Bowman reported on the Engineering Department Update, stating that the City is re -advertising the unfilled engineer position. He also mentioned discussions with UDOT regarding a proposed turn lane onto MiVida Drive from north Highway 191, and a proposed speed radar sign to be installed on the south end of town. He also noted the sewer rehabilitation project is wrapping up. Interim Police Chief Ross presented the Public Safety report. The police department has a new secretary. He also noted he met with the school superintendent about public relations efforts of the department. Councilmember Derasary asked about the department's presence at Trunk or Treat and Ross replied the event is posted on the Police Department's Facebook page and they received good feedback on the effort. Administrative Assistant Reinhart reported the Public Works team has been occupied with routine duties which were detailed in her report. Highlights included a report that a new Mosquito Abatement District Director was hired. Christmas lights are being installed, and flags were in place for Election Day and Veterans' Day. Also, work is being done on an educational flyer about the sanitary sewer to inform citizens about how households can optimize performance of the City's wastewater treatment facility. Councilmember Bailey brought up that Art Wollenwebber at Spanish Valley Water and Sewer Improvement District has a similar brochure completed. Under Recreation, Parks and Trails Department, Director Tif Miller announced the annual Turkey Trot on November 22. It will include a food drive for the local food bank. He noted that the last Art Walk of the season would be the following Saturday and the next one would be in April. Under Recorder and Human Resources Report, City Recorder/Assistant City Manager Stenta reported on Human Resources, mentioning the renewal of the self -funded employee health insurance. She noted that November 8, 2016 Page 3 of 9 Agenda Page 13 of 167 staff are exploring wellness incentives to help keep costs down and improve health of employees. She reported that the salary survey team has been meeting and is reviewing Pay for Performance models and the pay plan which will be presented for a public hearing on November 22. A survey of the proposed salary model is being conducted with all staff. The Recorder's office has been working on training for the new purchasing policy. She also reported that the budget opening would be after health insurance final costs are in, and the new pay plan is in place —should be early January. Stenta mentioned she had met with bond counsel and financial counsel regarding CIB monies for USU and the wastewater treatment plant. She also reported that work is being done on the various GRAMA requests. Councilmember Derasary thanked Stenta and her team for work on the CIB funding. Under Treasurer Report, City Treasurer Ross updated the Council that utility bills have been sent and the water meters have been read. Interim City Manager Everitt reported that he is working on the wastewater treatment issues, as well as staffing. He is working on hiring a new staff engineer and a police chief. He mentioned he may utilize a recruiting firm for the police chief position. Under Consideration and Possible Approval of Proposed Ordinance #2016-15—An Ordinance Enacting a Moratorium on New Connections to the City of Moab Wastewater Treatment System, Councilmember Jones reiterated he has professional interests that would be negatively affected by the proposed ordinance. He then moved to adopt the proposed ordinance with amendments to include provisions for affordable housing. Councilmember Derasary seconded the motion. Citizen William Love pointed out the City may enforce the existing wastewater contract to limit new connections without a moratorium. Discussion ensued with Councilmember Jones pointing out that the temporary moratorium will help the City to manage its risk regarding effluent violations. He noted the best -case scenario may not come to pass. He proposed a sunset date. A hierarchy of connections was discussed, as well as definitions for affordable housing. Councilmember Derasary stated that embracing the status quo got the City to where it is now and the City has an obligation to act under the authority of the November 8, 2016 Page 4 of 9 MOTION TO APPROVE PROPOSED ORDINANCE #2016- 15 WITH AMENDMENTS, FAILED Agenda Page 14 of 167 Clean Water Act. She noted that a false sense of capacity has been estimated. Mayor Sakrison asked City Attorney McAnany to explain the proposed exemptions to the moratorium. He clarified the priority connections list and primary residences, and also explained that Councilmember Jones' proposed amendments would place primary residences under moratorium until March, and would also exempt affordable housing units. Mayor Sakrison asked if this expanded definition would expand the City's legal exposure. City Attorney McAnany allowed that the City is liable for violations, so either way, the City and its citizens are exposed. Councilmember Bailey asked how the proposed moratorium would end. City Attorney McAnany replied that Section 6 directs staff to implement and study the effects, with no specific sunset provision. Interim City Manager Everitt clarified that the moratorium would be in place until the Council moves to repeal it. More discussion ensued between Mayor Sakrison, Councilmember Bailey, and Councilmember Ershadi regarding mitigation efforts. Greg Fosse, Wastewater Treatment Plant Operator, answered questions from the Mayor and Councilmembers Knuteson-Boyd and Ershadi about current plant efficiency. Councilmember Ershadi stated the City is in compliance now. She stated that a moratorium should be a last-ditch effort. She continued that being slightly in or out of compliance is not very different. Councilmember Knuteson-Boyd stated that, with so many exemptions, it is not a real moratorium. She agreed that a moratorium should be a last- ditch effort. She stated her concern about the human cost of layoffs in the construction industry. Councilmember Derasary pointed out that the City Council must uphold the state constitution. She warned that the City could be sued by any number of sides. She stated the Council owes it to the future. Councilmember Ershadi suggested that composting toilets might help mitigate the impacts. November 8, 2016 Page 5 of 9 Agenda Page 15 of 167 The question was called, and the motion failed 2-3 with Councilmembers Derasary and Jones voting aye and Councilmembers Ershadi, Knuteson-Boyd and Bailey voting nay. Councilmember Bailey moved to adopt the original motion with an expiration date of six months. Councilmember Jones seconded the motion. Councilmember Bailey pointed out we are not yet permitted for construction and it is premature to think the new plant can come online in two years. Councilmember Ershadi stated the City should wait. Councilmember Jones noted the liability for the City to knowingly violate the permit and this partial moratorium is far more sensitive to local needs than if the State imposes a full moratorium for lack of compliance. Councilmember Ershadi stated stopgap measures are working and again stated a moratorium should be a last-ditch effort. Councilmember Derasary stated this is a serious situation and the City must enforce the law. Councilmember Knuteson-Boyd stated that the number of exemptions on the list raise the question of whether or not the moratorium will do anything to help. The motion passed 3-2 with Councilmembers Derasary, Jones, and Bailey voting aye and Councilmembers Ershadi and Knuteson-Boyd voting nay. Councilmember Jones proposed to offer informal direction to Interim City Manager Everitt to create a wastewater mitigation plan for the Council's next meeting. Councilmember Bailey moved to approve an unbudgeted emergency purchase of a 185 CFM Air Compressor from Cate Equipment at a cost not to exceed $20,000.00. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson- Boyd, Ershadi, and Derasary voting aye. Councilmember Derasary moved to approve the purchase order for trip hazard mitigation by Precision Concrete Cutting in the amount of $24,925.00. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, November 8, 2016 Page 6 of 9 MOTION TO APPROVE PROPOSED ORDINANCE #2016- 15 WITH A SIX MONTH EXPIRATION DATE, APPROVED EMERGENCY STATE CONTRACT PURCHASE OF AIR COMPRESSOR, APPROVED SOLE SOURCE TRIP HAZARD MITIGATION PURCHASE, APPROVED Agenda Page 16 of 167 and Derasary voting aye. Councilmember Jones moved to approve Task Order #16-06 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Wastewater Treatment Plant Additional Engineering Assistance project with a fee amount not to exceed $66,956. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Knuteson-Boyd moved to approve Task Order #16-07 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Wastewater Treatment Plant Environmental Permitting Assistance project with a fee amount not to exceed $45,384. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Derasary moved to approve Task Order #16-08 with Bowen Collins & Associates, Inc., accepting the Scope of Work for General Engineering Assistance with a fee amount not to exceed $40,000. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey moved to adopt 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. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Derasary moved to approve Proposed Resolution #28- 2016 authorizing the issuance and confirming the sale of wastewater revenue bonds in the aggregate principal amount of not to exceed $11,500,000 (the "Bonds") of the City of Moab, Grand County, Utah (the "Issuer"), calling a public hearing and establishing a time, place and location for said public hearing to receive input from the public with respect to the issuance of bonds and any potential economic impact to the private sector from the construction of the project to be funded by the bonds; providing for a pledge of wastewater revenues for the payment of the bonds; fixing the maximum principal amount of the November 8, 2016 Page 7 of 9 TASK ORDER FOR WASTEWATER ENGINEERING, APPROVED TASK ORDER FOR WASTEWATER PERMITTING ASSISTANCE, APPROVED TASK ORDER FOR GENERAL ENGINEERING ASSISTANCE, APPROVED PROPOSED ORDINANCE #2016- 08 — SEWER IMPACT FEES, APPROVED PROPOSED RESOLUTION #28- 2016 -- BOND ISSUANCE, APPROVED Agenda Page 17 of 167 bonds; the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the running of a contest period; and related matters. Councilmember Bailey seconded the motion. Alex Buxton with Zions Bank made a presentation about the bonding process. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. City Attorney McAnany discussed the proposed agreement between Moab City and the Spanish Valley Water and Sewer Water Improvement District in light of the moratorium passed earlier in the meeting. The agreement is required to secure funding from the state for new plant. Discussion ensued between the Mayor, Council, Art Wollenwebber, Interim City Manager Everitt, and McAnany about possible amendments to the resolution that take into account the issue of capacity and the moratorium. Councilmember Bailey moved to authorize the Mayor and City Attorney McAnany to reconcile the moratorium language with the language of the Proposed Resolution #29-2016 — A Resolution Approving An Agreement Between Spanish Valley Water And Sewer Water Improvement District And The City of Moab, with amendments. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Ershadi moved to approve Proposed Resolution #30- 2016 — A Resolution Adopting the Moab Wastewater Treatment Plan — Facilities Master Plan. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey noted that he attended the meeting of preliminary findings from the water study. Councilmember Jones noted he attended a solid waste meeting. Mayor Sakrison noted he is discussing writing a CIB grant for $1.1 million for... He noted that he attempted to negotiate a partial grant/loan combination with CIB, without success. He went on to state that San Juan County received very generous terms from CIB for a similar project. There was discussion about the advantage of having a Grand County representative on the CIB board. Tom Stocks was the last known November 8, 2016 Page 8 of 9 PROPOSED RESOLUTION #29- 2016 SPANISH VALLEY WATER AND SEWER AGREEMENT, APPROVED PROPOSED RESOLUTION #30- 2016 WASTEWATER TREATMENT FACILITIES MASTER PLAN, APPROVED MAYOR AND COUNCIL REPORTS Agenda Page 18 of 167 representative. Councilmember Ershadi mentioned HMK school would hold their Veterans Day assembly on Thursday. Councilmember Derasary attended the meeting of the Colorado Association of Ski Towns (CAST), which is comprised of towns with similar issues to Moab including overcrowding, housing shortages, noise, festival fatigue, and etc. Derasary also mentioned the upcoming League of Women Voters event about the minimum wage on November 14 at 5:15pm at the MARC. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $286,096.07. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Councilmember Jones moved to adjourn the meeting. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned at 9:25 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder November 8, 2016 Page 9 of 9 APPROVAL OF BILLS ADJOURNMENT Agenda Page 19 of 167 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 22, 2016 / / Agenda ltem #: 5-1 Title: Solicitation of Public Input on Proposed Ordinance #2016-14 — An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2016- 2017 Fiscal Impact: Budgeted Impact of $227,836 Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Human Resources Applicant: N/A Background/Summary: The next step in implementing the results of the salary survey is a public hearing. I've prepared an informational handout outlining aspects of the background and the process. I apologize that it is a lengthy explanation, but given the overall time invested in the process and the potential outcomes, I felt a detailed and transparent explanation would be helpful to everyone. Several additional items will need to be approved in December to implement the new pay ranges, including a minor revision to the Personnel Policies and Procedures manual to allow a Pay for Performance compensation model along with annual adoption of the pay ranges and several other housekeeping items pertaining to vacation and on -call pay. During this process, the Deputy Recorder II/Human Resources Coordinator has also re-evaluated previously designated exempt positions in alignment with the Fair Labor Standards Act and would like to present a modified list of exempt positions within the City for approval at the December 13, 2016 meeting. 1 Options: Solicit public input Staff Recommendation: Solicit public input Recommended Motion: no action required at this meeting Attachment(s): Proposed Ordinance #2016-14 Salary Survey Process Summary CITY OF MOAB PUBLIC HEARING PROPOSED ORDINANCE #2016-14 The City of Moab will hold a Public Hearing on Tuesday, November 22, 2016 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Ordinance #2016- 14 — An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2016-2017. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, November 10 and 17, 2016. Agenda R:\Recorder\Notices\2016\ph ord 2016-14 salaries.docx Page 20 of 167 ORDINANCE NO.2016-14 AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE FOR FISCAL YEAR 2016-2017 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 January 1, 2017. DATED this 22nd day of November 2016. ATTEST: Rachel E. Stenta City Recorder SIGNED: David L. Sakrison Mayor Agenda rdinance #2016-14 November 22, 2016 Page 21 of 167 Ordinance 42016-14 Attachment A JOB TITLE ADMIN ASSISTANT - AQUATIC ADMINISTRATIVE ASSISTANT I ADMINISTRATIVE ASSISTANT II ADMINISTRATIVE ASSISTANT ADMINISTRATIVE ASSISTANT II ANIMAL CONTROL OFFICER ANIMAL CONTROL SUPERVISOR ANIMAL SHELTER MANAGER AQUATIC CENTER MANAGER AQUATIC MANAGER ARTS/SPECIAL EVENTS MANAGER ASSISTANT CITY MANAGER/RECORDER ASSISTANT PLANNER ASSISTANT TO CITY ENGINEER CITY ENGINEER CITY MANAGER CITY PLANNER CITY TREASURER CIVIL ENGINEER SENIOR COMMUNITY SERVICES DIRECTOR CONSTRUCTION INSPECTOR DEPUTY RECORDER DEPUTY RECORDER II/HR DEPUTY TREASURER FILM COMMISSION COORDINATOR LIEUTENANT LIFEGUARD PARKS SERVICE WORKER I PARKS SERVICE WORKER II PARKS SERVICE WORKER III PARKS SUPERINTENDENT PARKS,RECREATION & TRAILS ASSISTANT PARKS/RECREATION/TRAILS DIRECTOR POLICE CHIEF POLICE OFFICER I POLICE OFFICER II POLICE OFFICER II/DRUG ENFORCEMENT POLICE OFFICER III POLICE OFFICER III/DRUG ENFORCEMENT PUBLIC FACILITIES SUPERINTENDENT PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN PUBLIC WORKS DIRECTOR RECORDER ASSISTANT SERGEANT SEWER DIVISION SUPERINTENDENT SPORTS/RECREATION ASSISTANT SPORTS/RECREATION MANAGER STREETS SERVICE WORKER I STREETS SERVICE WORKER II/CDL STREETS SERVICE WORKER II/MECHANIC STREETS SERVICE WORKER III/CDL STREETS SERVICE WORKER III/MECHANIC STREETS SUPERINTENDENT WASTEWATER TREATMENT PLANT OPERATOR/SUPERINTENDENT WATER DIVISION SUPERINTENDENT WATER/SEWER SERVICE WORKER I WATER/SEWER SERVICE WORKER I/METER READER WATER/SEWER SERVICE WORKER II/CDL WATER/SEWER SERVICE WORKER II/WWTP WATER/SEWER SERVICE WORKER III Hourly Pay Rates Minimum $15.91 $17.49 $19.27 $17.58 $19.27 $16.49 $20.12 $20.90 $25.62 $21.36 $21.78 $43.68 $20.77 $19.69 $35.99 $55.12 $28.09 $22.22 $27.42 $33.05 $20.61 $17.75 $28.05 $18.55 $23.63 $28.65 $16.48 $16.70 $17.18 $17.89 $24.88 $16.72 $32.97 $36.38 $19.85 $20.44 $20.44 $21.29 $21.29 $24.00 $15.61 $36.32 $17.78 $24.50 $25.96 $16.95 $22.65 $16.97 $17.50 $18.46 $19.10 $21.51 $25.27 $27.06 $26.23 $17.13 $17.07 $17.67 $18.59 $18.95 Pay Range Midpoint $19.89 $21.86 $24.09 $21.98 $24.09 $20.61 $25.14 $26.13 $32.02 $26.70 $27.23 $54.60 $25.97 $24.61 $44.99 $68.90 $35.11 $27.78 $34.27 $41.31 $25.76 $22.18 $35.07 $23.19 $29.54 $35.82 $20.61 $20.87 $21.47 $22.36 $31.10 $20.91 $41.21 $45.47 $24.82 $25.55 $25.55 $26.62 $26.62 $30.00 $19.51 $45.40 $22.23 $30.63 $32.45 $21.18 $28.31 $21.21 $21.88 $23.08 $23.88 $26.89 $31.59 $33.83 $32.79 $21.42 $21.34 $22.09 $23.24 $23.69 Maximum $23.87 $26.24 $28.90 $26.38 $28.90 $24.74 $30.17 $31.36 $38.43 $32.04 $32.67 $65.52 $31.16 $29.54 $53.99 $82.68 $42.13 $33.33 $41.13 $49.58 $30.91 $26.62 $42.08 $27.83 $35.45 $42.98 $24.73 $25.04 $25.77 $26.83 $37.32 $25.09 $49.45 $54.56 $29.78 $30.67 $30.67 $31.94 $31.94 $36.00 $23.41 $54.48 $26.67 $36.75 $38.94 $25.42 $33.97 $25.45 $26.25 $27.69 $28.66 $32.27 $37.91 $40.60 $39.35 $25.70 $25.61 $26.51 $27.88 $28.43 Monthly Pay Rates Pay Range Annual Pay Rates Pay Range Minimum Midpoint Maximum Minimum Midpoint Maximum $2,758 $3,032 $3,340 $3,048 $3,340 $2,859 $3,487 $3,623 $4,441 $3,702 $3,775 $7,571 $3,601 $3,413 $6,239 $9,555 $4,868 $3,852 $4,753 $5,729 $3,572 $3,076 $4,863 $3,216 $4,096 $4,966 $2,857 $2,894 $2,978 $3,101 $4,312 $2,899 $5,714 $6,305 $3,441 $3,544 $3,544 $3,691 $3,447 $3,790 $4,175 $3,810 $4,175 $3,573 $4,358 $4,529 $5,551 $4,628 $4,719 $9,464 $4,501 $4,266 $7,799 $11,943 $6,085 $4,814 $5,941 $7,161 $4,465 $3,845 $6,078 $4,020 $5,120 $6,208 $3,572 $3,617 $3,722 $3,876 $5,390 $3,624 $7,143 $7,881 $4,301 $4,429 $4,429 $4,613 $4,137 $4,548 $5,010 $4,572 $5,010 $4,288 $5,230 $5,435 $6,661 $5,553 $5,663 $11,356 $5,401 $5,119 $9,358 $14,332 $7,302 $5,777 $7,129 $8,593 $5,357 $4,614 $7,294 $4,824 $6,144 $7,450 $4,286 $4,341 $4,466 $4,651 $6,469 $4,348 $8,571 $9,458 $5,162 $5,315 $5,315 $5,536 $3,691 $4,613 $5,536 $4,160 $2,705 $6,295 $5,201 $3,382 $7,869 $6,241 $4,058 $9,443 $3,082 $4,247 $4,500 $2,937 $3,925 $2,941 $3,034 $3,200 $3,312 $3,729 $4,381 $4,691 $4,547 $2,970 $2,959 $3,063 $3,222 $3,285 $3,853 $5,309 $5,625 $3,672 $4,907 $3,676 $3,792 $4,000 $4,139 $4,661 $5,476 $5,864 $5,683 $3,713 $3,699 $3,829 $4,028 $4,106 $4,623 $6,371 $6,750 $4,406 $5,888 $4,411 $4,551 $4,800 $4,967 $5,593 $6,571 $7,037 $6,820 $4,455 $4,439 $4,595 $4,833 $4,928 $33,096 $36,382 $40,078 $36,574 $40,078 $34,302 $41,841 $43,480 $53,289 $44,424 $45,303 $90,851 $43,212 $40,956 $74,866 $114,655 $58,419 $46,219 $57,030 $68,746 $42,860 $36,912 $58,350 $38,591 $49,153 $59,598 $34,287 $34,726 $35,731 $37,209 $51,749 $34,787 $68,571 $75,660 $41,294 $42,523 $42,523 $53,154 $63,784 $44,288 $55,360 $66,432 $44,288 $55,360 $66,432 $49,925 $62,407 $74,888 $32,463 $40,578 $48,694 $75,540 $94,425 $113,310 $36,984 $46,230 $55,476 $50,965 $63,707 $76,448 $54,003 $67,504 $81,005 $35,247 $44,059 $52,871 $47,104 $58,880 $70,656 $35,290 $44,112 $52,935 $36,406 $45,507 $54,609 $38,400 $48,000 $57,600 $39,738 $49,673 $59,607 $44,746 $55,933 $67,119 $52,570 $65,712 $78,855 $56,294 $70,368 $84,441 $54,559 $68,198 $81,838 $35,641 $44,551 $53,461 $35,509 $44,387 $53,264 $36,757 $45,946 $55,135 $38,666 $48,332 $57,999 $39,421 $49,277 $59,132 $41,370 $45,478 $50,097 $45,718 $50,097 $42,878 $52,301 $54,350 $66,612 $55,531 $56,628 $113,563 $54,014 $51,195 $93,582 $143,318 $73,024 $57,774 $71,288 $85,933 $53,574 $46,141 $72,938 $48,239 $61,442 $74,497 $42,859 $43,407 $44,664 $46,511 $64,686 $43,484 $85,714 $94,575 $51,618 $53,154 $49,644 $54,573 $60,117 $54,861 $60,117 $51,453 $62,761 $65,220 $79,934 $66,637 $67,954 $136,276 $64,817 $61,434 $112,299 $171,982 $87,628 $69,329 $85,545 $103,119 $64,289 $55,369 $87,525 $57,887 $73,730 $89,397 $51,431 $52,089 $53,596 $55,814 $77,623 $52,181 $102,856 $113,490 $61,941 $63,784 Agenda Updated on: 11/14/2016 Page 22 of 167 R:\RecordenSalary Survey01-08-2016\Market Analysis - Moab 11-8-2016 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Mayor: Council: Moab City Salary Survey David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Background Information As outlined in Moab City Personnel Policies and Procedures Manual Salary Policy section 3.3: The City Manager and department heads shall be responsible for the development of a uniform and equitable pay plan that consists of a minimum and maximum rate of pay for each class of positions. The salary ranges are linked to the classes of position in the classification plan. In arriving at salary ranges, consideration should be given to: (A) Maintenance of correct relationships between the salary grades of various positions in the City service. (B) The duties and responsibilities of the position. (c) The comparable wage rates for similar work in other municipalities within the State of Utah. (D) The financial position of the City. Also, Section 3.4 states that "pay ranges may be adjusted periodically on the basis of annual survey of salaries paid for comparable work in other municipalities within the State of Utah, within the limits of federal wage and price guidelines". Pay ranges have not been adjusted based on a formal, comprehensive salary survey in at least the last 19 years. To accomplish the updating of our pay plan in 2016, the City conducted a comprehensive salary survey utilizing the services of Personnel Systems Inc. (attachment 1). Survey Methodology 1. Update and develop job descriptions 2. Solicit worth of work values from our employees through an internal survey 3. Evaluate positions relative to organizational worth of work values 4. Compare those positions pay ranges within a comparable labor market Process The process began with department heads revising and updating job descriptions that were then reviewed by the Personnel Officer (City Manager). That process began in June of 2015. At the same time, a new performance evaluation form Agenda First EPA Green Power Community in the Nation Page 23 of 167 was developed and implemented citywide (attachment 2). This evaluation form incorporates a performance based rating system that is consistent with other government agency models. A Worth of Work values survey was developed by the consultant and distributed to all employees. The survey was voluntary and 47 employees participated. Responses were compiled and used to weight our internal equity values in four categories: Job Knowledge, Responsibility, Difficulty and Work Environment. The consultant then performed an assessment and rating of all job descriptions based on the internally weighted four areas of worth of work value. Simultaneously, an employee salary survey committee was then formed with representatives from each department. Committee Members are: Name Title Department Represented Mike Huts Parks Superintendent Public Works/Parks Chantel Lindsay Deputy Treasurer Treasurer Leigh Anne Reinhart Administrative Assistant Public Works Obe Tejada Sewer Superintendent Public Works/Sewer Cindy Montague Administrative Assistant Police Department Bret Edge Sergeant Police Department Terry Lewis MRAC Director Recreation Justin Marcus Sports/Recreation Manager Recreation Phillip Bowman City Engineer Engineering Chet Wareham Streets Service Worker III Public Works/Streets Danielle Guerrero Deputy Recorder/HR Coordinator Recorder Human Resources Rachel Stenta City Recorder/Assistant City Manager Recorder/Administration The committee met over several months and reviewed different aspects of the process including selecting targeted market communities for comparisons in our salary survey. The committee members disseminated information within their departments, answered questions and brought comments back to the overall committee. The Personnel Officer and the Committee members conducted a market review and analysis to determine the city's competitive relationship with selected Utah and Colorado public employers and selections were made as follows: AMERICAN FORK, UT PARK CITY, UT ASPEN, CO ROOSEVELT, UT BOUNTIFUL, UT SILVERTHORNE, CO BRECKENRIDGE, CO SNOWMASS VILLAGE, CO CEDAR CITY, UT SPANISH FORK, UT DILLON, CO ST. GEORGE, UT DURANGO, CO STATE OF UTAH, UT ESTES PARK, CO STEAMBOAT SPRINGS, CO FRASER, CO TELLURIDE, CO GLENWOOD SPRINGS, CO VAIL, CO GRAND COUNTY, UT VERNAL, UT MOUNTAIN VILLAGE, CO WASATCH COUNTY, UT PAGOSA SPRINGS, CO WINTER PARK, CO Agenda Page 24 of 167 Next the consultant compared City positions within the identified market group and then developed a "Market Based" pay plan model Linking Internal Equity results to prevailing pay practices. The proposed pay plan model is a "range" model consisting of minimum, midpoint and maximum which would replace the previously used and outdated "step and grade" compensation model. Results The consultant, Mike Swallow, presented the results of the process to the Salary Survey Committee and then to the City Council at a public meeting held on October 11, 2016. Some highlights of the survey were: • City's current minimum pay fell 25.6% below the market • City's current midpoint pay fell 11 % below the market • City's current maximum pay fell 2% below the market • City's overall average pay fell 18.3% below the market Examining the averages showed that the City pay minimums trailed the market on average-25.6%, but most significantly at the lower end of the pay ranges. This is where the City experiences the highest turnover; entry level positions that typically fall at the lower end of the pay ranges. The proposed pay plan is before you as a public hearing this evening (attachment 3). The proposed pay plan represents revised pay ranges for all city positions (with the exception of seasonal positions) with the lowest anticipated wage being $15.61 per hour. mpiementation We anticipated adjusting pay ranges this fiscal year and budgeted salary adjustments in the amount of $227,836. A least cost implementation was developed for the remainder of this fiscal year and is reflected in three phases (attachment 4). Phase 1 The first priority would be to ensure that all city workers are at least within the adopted ranges, meaning that anyone below the minimum would be moved to minimum through a base pay adjustment. This will have an immediate and substantial impact on our entry level positions in several departments with the most impact in Public Works and the Police Department. Please refer to the attached Survey Range and Average Pay regression analysis chart (attachment ) for a visual representation of how many positions (not employees) currently fall below the minimum ranges. Phase 2 The second priority would be to make salary adjustments to positions based on the progression to midpoint. Employees whose service years are at or exceed seven years can be expected to be paid at or above midpoint. Phase 2 Agenda Page 25 of 167 would make base pay adjustments to employees with 7+ years of service whose compa-ratio is below 100% (compa-ratio = payrate / midpoint). Generally an employee's compa-ratio would be below 100% if they were new to the organization. Phase 2 would move those employees to the midpoint of their pay range. The survey results demonstrated that at Moab City, as jobs become more technical, professional, administrative and managerial there is more stability and longevity. Newer management level positions are already at or approaching midpoint as they were filled by offering market driven pay rates which created some disparity with existing positions. This adjustment will relieve that issue as well as offer recognition for proficiency and skill development. Phase 3 The purpose of Phase 3 is to recognize any pay progression disparity issues within pay ranges created by longevity in that position. As the proposed pay plan is a Pay for Performance (P4P) tool which differs from our previous model, we did not feel it was entirely equitable to compensate for longevity on a one - for -one basis. for all years of service. This phase would make base pay adjustments for employees with 8-10 years of service at a rate of 1% per year (max of 3%). Employees with 11+ years would receive a fixed pay adjustment of $250 for every year of service over 11 years. That adjustment would not be added to base pay. Fully implementing all three phases exceeds the current year's budgeted amount by $13,976. I have also prepared an estimate of the sustaining fiscal effect of the new pay ranges. It would be expected that an overhaul of our pay philosophy and ranges would have a significant fiscal impact. Keep in mind that the new system is performance driven so raises are no longer a given, they must be earned through performance and a progression pay system. Pay for Performance (P4P) The new pay plan will incentivize performance. A scale is needed to determine how employees' pay will progress through the ranges based on performance scores. The Salary Survey Committee reviewed three P4P progression scale options. An employee survey of the three options was also conducted. Thirty- three employees responded. The committee agreed with the employee survey results and the final recommendation is attached (attachment 6). A proposed P4P — Compensation Management Policy Plan is also attached (attachment ). This was also reviewed and accepted by the Salary Survey Committee. Agenda Page 26 of 167 Attachment 1 City of Moab Proposal For A Job Classification Compensation Study March 16, 2016 Prepared By Personnel' Systems & Services 1325 W. Bluemont Dr. Salt Lake City, UT 84123 801-269-8977 personnelsystems@comcast.net Agenda Page 27 of 167 TABLE OF CONTENTS INTRODUCTION 1 PROJECT PHILOSOPHY 1 SERVICE AREAS 2 JOB EVALUATION & CLASSIFICATION 2 LABOR MARKET ANALYSIS 2 COMPENSATION POLICIES & PROCEDURES 2 BASIS OF SOUND PAY PROGRAMS 3 SCOPE OF WORK- JOB ANALYSIS & CLASSIFICATION STUDY 4 JOB EVALUATION AND CLASSIFICATION 4 SCOPE OF WORK- MARKET COMPENSATION STUDY 4 LABOR MARKET DATA COLLECTION & ANALYSIS 4 SAMPLE ANALYTICAL CHARTS 5 "NO MORE PAY GRADES" ALTERNATIVE 6 EMPLOYER PROVIDED BENEFITS 6 SALARY STRUCTURE REVIEW & RECOMMENDATIONS 7 DELIVERABLE PRODUCT & MATERIALS 7 TIME REQUIREMENTS 7 PROFESSIONAL & BUSINESS PROFILE 9 REFERENCES 10 PREVIOUS ENAGEMENTS 11 Agenda Page 28 of 167 INTRODUCTION The development of a sound personnel management system begins with an organizational statement addressing the objectives of management related to achieving a predetermined employer status and labor market posture. Underlying the objectives is the organization's attitude or philosophy about work and workers. With this in mind the consultant assumes (1) that the City of Moab desires to achieve a reasonable level of competitiveness and maintain current standards in providing quality services by attracting and retaining the most qualified employees and (2) in order to avoid becoming a training ground for other employers, the city views it desirable to provide career development opportunities where ever possible, competitive compensation and commit other resources necessary to enhance the attractiveness of the city as an employer. PROJECT PHILOSOPHY Personnel Systems & Services subscribes to and promotes equal pay for equal work, non-discrimination in employment and fair and good faith dealing in all employee -employer relationships. Management has the right to expect a fair day's labor for the daily wage provided. Employees have the right to expect a fair day's pay for the labor given. The appropriateness of the pay provided is a function of the market place, the organizations internal equity system, which establishes the value of the job to a specific employer, and the perceived value of the individual based upon job performance, which includes loyalty, dependability and competence. The employee's perception of equity and consistency in pay practices may not result in greater productivity and efficiency while the perception of inequity and inconsistency will most always produce discontent. 1 Agenda Page 29 of 167 SERVICE AREAS JOB DESCRIPTION UPDATE & DEVELOPMENT -- TO BE COMPLETED BY THE CITY The process of collecting facts about jobs sufficient to update job descriptions and specifications is the preliminary requirement necessary to complete job evaluation and classification, the application of your internal equity instrument. The description details what is involved in the job that includes job title, general purpose statements, and essential functions. The specifications for the job refer to those statements that describe personal characteristics, minimum qualifications, knowledge, skills, and abilities, or special qualifications that must be met in order for a job applicant to be considered eligible for the position. Completed documents are ADA compliant with regard to essential functions of each individual position. JOB EVALUATION & CLASSIFICATION The evaluation of the job comes through the establishment of measurement criteria against which all jobs are compared in order to determine relative organizational value. The instrument is typically a point system, a factoring method, job ranking, or a combination. Measurement criteria are aspects of the job such as job knowledge, minimum qualifications, and difficulty of work, accountability, responsibility, supervision, job controls, and work environment. The objective of this phase of the project is to determine and establish the internal equity program that is ultimately attached to market data to create a formal pay plan. This process will assist the city to identify its own "worth of work" values resulting in a "site validated" internal equity methodology. LABOR MARKET ANALYSIS A review of the labor market, the economic area in which you wish to compete, is essential to the overall success of the pay plan. The objective of the analysis is to achieve external competitiveness. This phase involves the completion of a survey of employer wages and benefits for city benchmark positions. Through the use of statistical measures and evaluation techniques it is possible to determine your competitive position in the chosen market place including public and/or private employers, and then establish a specific posture regarding the most realistic market objectives in terms of pay ranges and methods of pay progression. Where does the City want to posture itself in the market place? As a trendsetter? A leading edge competitor? At market parity? Or, as reasonably comparable? COMPENSATION POLICIES & PROCEDURES Provided without cost will be a model policy for compensation administration. A comprehensive set of policies and procedures could be included in the study if of interest by the city for which a separate cost would need to be determined. 2 Agenda Page 30 of 167 BASIS OF SOUND PAY PROGRAMS As the city seeks to establish and maintain an effective compensation program it is recommended that consideration be given to some or all of the following: 1. Size and type of business: The ability to pay certain rates, based upon revenues and financial resources. 2. Organizational Philosophy: The willingness to pay certain rates and attitudes about ranking among other employers within a selected labor market. 3. Nature and Diversity of Work: The degree of specialization, work variety, and technology (an element of the job classification methodology). 4. Regional Economics: The prevailing rates of pay and the rates of inflation. 5. Availability of Labor Supply: The competition for certain types of jobs resulting from an abundance or shortage of certain skills and abilities within the labor market. 6. Value of Work Contribution: The worth of a particular job to the organization (the overall value determined through classification methodology). 7. Pay Supplements: The total compensation comparability afforded through various incentives and discretionary benefits. 8. Reputation of the Organization: The competitiveness of pay and social recognition as high- or low -paying. 9. Pay Progression Policy: ➢ The learning curve impact associated with certain types of jobs. ➢ Pay range uniformity vs. diversity (pay schedule design). ➢ Length of Service. ➢ Performance based increases. ➢ Pay for knowledge or level of competency. ➢ The use of "control rates" within the pay ranges. 10. Bonus and Incentive Plans: ➢ The use of "non-scheduled" recognitions. ➢ The use of non -monetary rewards. 11. Ownership Protection: involves realistic consideration of resource limitations. The cost of administration should constantly be balanced against achieving the other objectives of the pay plan and overall personnel program. 3 Agenda Page 31 of 167 SCOPE OF WORK JOB ANALYSIS & CLASSIFICATION STUDY QUESTIONNAIRE ADMINISTRATION Step #1: The consultant will provide to MANAGEMENT/HR staff the data collection instruments (along with instructions for completion) for distribution to fulltime employees. These instruments will include a "Job Values" survey. Target dates for completion will be attached in a memo regarding the project when delivered to employees via PDF and email. Step #2: MANAGEMENT/HR staff to review a "Job Values Survey" instrument provided by the consultant to determine that the survey content addresses all the "worth of work" values of interest to the city. This process results in the delivery of a "site validated" job evaluation (point factor) instrument consistent with those criteria set forth in the Fair Labor Standards Act as the legitimate basis to "discriminate" or differentiate the pay between jobs. Step #3: MANAGEMENT/HR distributes to all employees the survey along with instructions for completion and a targeted completion date. Upon completion, the employee will return the form automatically by clicking a "submit" button at the bottom of the survey form. Step #4: MANAGEMENT/HR staff delivers electronic copies of existing/current job descriptions to the consultant. Step #5: MANAGEMENT/HR staff to email the consultant an Excel file containing the fulltime employee census identifying employee first name, last name, department, job title, pay grade/band, pay range minimum and maximum and current actual pay. JOB EVALUATION & CLASSIFICATION Based upon the results of the "Job Values" survey the consultant will develop and deliver an updated and customized job evaluation instrument reflecting the employee "worth of work" priorities. The consultant will then perform the initial point factor evaluation of each job based upon the provided job description and prepare recommendations for job ranges or pay grades. The instrument will compare each job against measures such as responsibility, difficulty of work, job knowledge and work environment, etc. The scientific approach used in the construction of the factor tool is based upon Weber's "Law of Just -Noticeable -Difference." Step #6: Consultant develops and recommends point factor evaluation instrument and pay grade options with consideration being given to various pay plan designs, with or without pay grades. Step #7: The consultant applies the point valuation instrument to each job and creates the baseline for establishing internal equity and job valuation consistency. Step #8: MANAGEMENT/HR Officer and assigned staff in cooperation with the consultant "fine-tunes" the assignment of points to each job. SCOPE OF WORK MARKET COMPENSATION STUDY MARKET DATA COLLECTION & ANALYSIS Step #9: To the extent possible, the consultant will utilize the Technology Net, web -based resource to expedite the conducting of the Market Compensation Study. Additionally, complementary market data will be added to the data obtained through direct solicitation of the targeted survey participants in the Blanding market area as defined by management. 4 Agenda Page 32 of 167 Step #10: Labor Market Analysis: The consultant will conduct a survey of base wages within a selected labor market for a variety of selected benchmark positions. The survey participants will be chosen by city management and MANAGEMENT/HR staff and represent various public and private entities with whom the city desires to be competitive. It is recommended that this sample remain fairly stable over the years in order to assure consistency in market evaluation. It is also recommended that the survey participants represent the "trend setters", thus enabling the city to ascertain the leadership position of the market. By knowing what market leaders are doing the city can determine what kind of pay policy and posture they want to maintain in relationship with the selected market. Statistical analysis and charts will be used to describe the survey results. Step #11: Develop and deliver regression analysis graphic illustrations of the city's comparative position with the defined market area and survey participants. Sample Analytical Chart #1 Pay Grade Survey Minimum Heber $ Minimum Difference % Difference 10 $25,249 $27,814 $2,566 9.2% 11 $27,002 $29,551 $2,549 8.6% 12 $28,877 $31,396 $2,518 8.0% 13 $30,883 $33,355 $2,473 7.4% 14 $33,028 $35,438 $2,410 6.8% 15 $35,321 $37,650 $2,329 6.2% 16 $37,774 $40,000 $2,226 5.6% 17 $40,398 $42,498 $2,100 4.9% 18 $43,203 $45,151 $1,947 4.3% 19 $46,204 $47,969 $1,766 3.7% 20 $49,412 $50,964 $1,551 3.0% 21 $52,844 $54,145 $1,301 2.4% $105,000 $90,000 $75,000 T 560,000 a a $45,000 $30,000 $15,000 $o a 0 Minimum Rate Comparison 45urvey Minimum -L- Heber Minimum 5 10 15 Pay Grade 20 25 30 J 5 Agenda Page 33 of 167 Sample Analytical Chart #2 Pay Grade Survey Minimum Survey Midpoint Survey Maximum Heber Actual 1 $13,797 $16,417 $19,018 $15,614 2 $14,756 $17,566 $20,357 $16,827 3 $15,780 $18,796 $21,790 $18,135 4 $16,876 $20,112 $23,324 $19,544 5 $18,048 $21,520 $24,966 $21,062 6 $19,302 $23,027 $26,724 $22,699 7 $20,642 $24,639 $28,605 $24,463 8 $22,076 $26,364 $30,619 $26,364 9 $23,609 $28,209 $32,774 $28,412 10 $25,249 $30,184 $35,082 $30,620 11 $27,002 $32,298 $37,552 $32,999 12 $28,877 $34,559 $40,195 $35,563 13 $30,883 $36,978 $43,025 $38,326 14 $33,028 $39,567 $46,054 $41,304 15 $35,321 $42,338 $49,297 $44,513 16 $37,774 $45,302 $52,767 $47,972 17 $40,398 $48,473 $56,482 $51,699 18 $43,203 $51,867 $60,459 $55,716 19 $46,204 $55,498 $64,715 $60,046 $140,000 Survey Range vs. City Average Pay $120,000 $100,000 e a $80,000 A c c d $60,000 $40,000 $20,000 50 a s 10 15 Pay Grade Survey Minimum - s-Survey Midpoint - Survey Maximum Heber Actual 20 25 1 30 1 Alternative: No More Pa Grade : Now developed and available is an approach to compensation analysis that eliminates the use of pay grades but still retains the integrity of an internal equity maintenance methodology. Over the years there have always been complaints about pay grade structures that become manipulated. While it is almost impossible to eliminate all manipulation, this new approach can significantly minimize and may eventually eliminate such fairness distortions. Based upon an internal equity valuation each job can have an individualized market based pay range. The slightest variations between the worth of jobs based upon your entity's worth -of -work values can now be recognized resulting in base pay management that is not cumbersomely attached to a confining "pay plan". This approach can also overcome the frustrations of "Broad Banding" and eliminate the challenges of associating non-benchmarked jobs to the benchmark anchor. Here too, every job can be uniquely assigned a market derived pay rate. EMPLOYER PROVIDED BENEFITS In identifying the city's competitive posture with the labor market, the consultant will develop a total compensation picture. There are three basic approaches to comparing benefits: (1) Benefit plan provision method, (2) Employer cost method, and (3) standard cost method or the "level of benefit approach". All three methods have strengths and weakness. Method #2 is the approach utilized by U.S. Chamber of Commerce and the Bureau of Labor Statistics to analyze trends in employer benefits. The question that will be addressed is: "How does the amount of money the city is spending per employee (for employer paid benefits) compare to the amount of money competitors are spending on their employees" (discretionary and mandatory benefits)? Step #12: The consultant will solicit Total Compensation data, the total value of employer paid benefits. The Total Compensation Value (TCV) will be calculated for each position and included in the final market analysis. 6 Agenda Page 34 of 167 SALARY STRUCTURE REVIEW & RECOMMENDATIONS Step #13: The Consultant and MANAGEMENT/HR Staff will finalize the salary structure to ensure conformity with management philosophy for pay progression methodology and competitive positioning within the defined market. After identifying market relationships the City will select a level of competitiveness to be achieved in the design of the new pay plan or "plans" with consideration being given to targeted percentiles in the data's prevailing rates. The learning curve philosophy may also be reflected in the development of ranges for various job classifications. Under the "No More Pay Grade" alternative, each individual job classification/description will potentially have an independent and separate pay range based upon market. Step #14: The Consultant will complete the full integration of the results of the classification and job evaluation phase of the study with the market compensation study. Step #15: The Consultant will Identify and calculate a least cost implementation plan and identify the placement of each employee in relation to their job's revised pay grade/range and classification. As needed, the consultant will create "phase -in" options based upon calculated economic impact. Step #16: Based upon the preferred option for the number of pay grades the consultant will prepare and deliver recommendations for salary schedule restructuring. If the "No Pay Grade" option is of interest the results can be reviewed according to individual jobs and job families. DELIVERABLE PRODUCT AND MATERIALS Upon conclusion of the project the consultant will provide the City electronic copies of all documents, including job descriptions, pay plans, sample compensation policy and related materials according to this proposal. Hard copy option is available at a cost of $100 per binder, each ring binder containing all project documents and personnel materials. The binders will be vinyl and include City name on the front, with the words "Human Resource Manual" on the spine and across the front. A six bank set of Mylar covered tabs will be inside each binder identifying manual sections labeled: Organization Charts, Policies and Procedures, Position Descriptions, Classification and Job Analysis, Salary Information, and Sample Personnel Forms. TIME REQUIREMENTS Wage & Salary Market Analysis Study Job Value Survey** Job Valuation Instrument Development Point Factoring & Position Classification Labor Market Analysis ** Total Compensation Data Collection Salary Schedule Pay Plan Development Completed Project/ Least Cost Implementati 1st Month 2nd Month 3rd Month 4th Month 4111—dr sir is- �r 0 n �r is— IliV INV Approx. ** It is the consultant's experience that slowing in the time line can occur at these phases of the study. Generally, supervisors need to be insistent regarding employees completing and returning Values Survey within the allocated time period. Should such hurdles develop in the study, the target completion date could be over run. Commitment from all levels of management to promote the projects successful completion will be a key element. 0= Deliverable 7 Agenda Page 35 of 167 MIKE SWALLOW PROFESSIONAL & BUSINESS PROFILE WORK EXPERIENCE (1976-2016) Technology Net, Inc.; Partner and co -developer of the TechNet online Compensation Survey System. 900 Subscribers in Utah, Idaho, New Mexico, Wyoming, Colorado, Mid -American Regional Council (Kansas & Missouri), Virginia and Maryland. Established 2002. Personnel Systems & Services. Currently providing technical assistance consulting services in human resource management systems consisting of: job analysis and classification, labor market compensation analysis and pay plan development, policy and procedure development, grievance management and resolution, performance management, recruitment and selection, training and general HR management programs. Company established in 1988. Bureau Manager- Local Government MANAGEMENT/HR Consultant, Bureau of Consulting Services, Department of Human Resource Management, State of Utah. Develop, market, coordinate and deliver technical assistance services to Utah cities and counties in human resource management, supervisory training, organizational development, employee assistance programs, employee relations, fair employment programs, recruitment and selection, job classification, and wage and benefit analysis. Direct and coordinated state-wide and interstate salary and benefit surveys and analysis. Contract Consultant, Emery County, Price City, Tooele City, Iron City, Tooele City and Carbon County Utah. In conjunction with State of Utah consulting duties, and under special contract, acted as advisor and resource to the City. Provided consultation related to policies, procedures, classification, compensation, recruitment, selection, discipline, termination and employee relations. Self Employed, Benefits Broker & Personnel Consultant. Marketing and sales of individual and group benefits utilizing medical reimbursement plans, salary continuation plans, business continuation programs, stock redemption plans and 401(k) salary reduction plans. Performed private consulting to professionals and local governments. Developed business plans or proformas with income projections, cash flow analysis, balance sheets and break even analysis. Worked as an associate to Ricketts and Associates -Risk Management/Vierra-CPA firm. Licensed to sell life, health and disability insurance. Idaho Association of Counties, Boise, Idaho. Develop, market, coordinate and deliver technical assistance services to Idaho cities and counties in human resource management, supervisory training, organizational development, employee assistance programs, employee relations, fair employment programs, recruitment and selection, job classification, and wage and benefit analysis. Current Retainers: North Davis County Sewer District, UT; Washington City, UT Current Projects: North Central Regional Transportation District, NM; Idaho Falls, ID; Ephraim City, UT; Canyon County, ID; Ouray, CO; Ridgway, CO; Taos Ski Valley, NM; Lehi, UT; Saratoga Springs, UT; Nampa, ID; Canyon County Paramedics, ID. Annual Projects Conducted via Technology Net: Wasatch Compensation Group annual salary and benefit survey (Salt Lake City, West Valley, Murray, Sandy, Provo, Orem, Ogden, Layton, Park City, West Jordan, St. George, and South Salt Lake). Colorado Municipal League, Virginia Institute of Government/University of Virginia, Maryland Municipal League. 8 Agenda Page 36 of 167 REFERENCES Mr. Craig Whitehead, City Manager, 51 East Main Street, American Fork, UT 84003, 801-763-3000, cwhitehead@afcity.net Mr. Rick Holman, City Manager, Cedar City, UT, 435 586-2953; hrick@cedarcity.orq Mr. Jamie Davidson, City Manager, Orem, UT, 801-229-7038, jpdavidson@orem.org Mr. Brenn Bybee, Assistant City Manager, Orem, UT, 801-669-7292, bdbybee@orem.org Ms. Pam Springs, HR Director, Lafayette, CO, 303-665-5588, pamsp@cityoflafayette.com Mr. Roger Carter, City Manager, 111 North 100 East, Washington City, UT, 435-656-6300, rcarter@washingtoncity.org Mr. David Kitchen, Human Resource Director, Lehi City, 801-768-7100, dkitchen(a�Lehi-ut.gov Ms. Ruth Holyoak, HR Officer, 111 North 100 East, Washington City, UT, 435-656-6315 Mr. William Fulginiti, Executive Director, New Mexico Municipal League, 505-982-5573 Mr. Dan Byron, Chief Deputy County Clerk, Bonneville City, Idaho Falls, ID; 605 N Capital Ave, (208) 529-1350 Ms. Delilah Walsh, County Manager, Socorro County, Socorro, NM, 575-835-0589, dwalsh@co.socorro.nm.us Mr. Roger Makin, Member Services Consultant, New Mexico Municipal League, 1-800-432-2036, rmakin@nmml.org Ms. Melanie Marsh, Human Resources Director, City of Idaho Falls, Idaho Falls, ID; 208-612-8248; mmarsh(@..idahofallsidaho.gov Mr. Dan Tarwater, HR Director, Las Vegas, NV, (702) 229-6011, dtarwater@lasvegasnevada.gov Ms. Sue Brown, Compensation Administrator, Las Vegas, NV, (702) 229-6011, sbrown@LasVegasNevada.GOV Ms. Pam Springs, HR Director, Lafayette, CO, 303-665-5588, pamsp@cityoflafayette.com Ms. April Hessman, City Clerk, Pagosa Springs, 970-264-4151, ahessman@pagosasprings.co.gov Others Upon Request 9 Agenda Page 37 of 167 PREVIOUS ENGAGEMENTS Classification, Compensation, Supervisor Training, Performance Management UTAH American Fork, UT Bluffdale City Bountiful Water Subconservancy District Box Elder City Brian Head Town Brigham City Cache City School District Canyonlands Natural History Association Carbon City Housing Authority Cedar City Centerfield Central Weber Sewer Improvement District Clearfield City Davis Applied Technology Center Davis City Davis City School District Draper City Eagle Mountain, UT East Carbon City Emery City Emery City School District Ephraim City Five City Association of Governments Garfield City Grand City Heber City Heber Light & Power Heber Valley Railroad Helper City Holladay City Hurricane City Iron County Kearns Improvement District LaVerkin City Layton City Lehi City Mapleton City Midvale City Morgan City Mountainland Association of Governments Murray School District Neways International North Davis City Sewer District North Salt Lake City, UT Park City School District Phonex Corporation Pleasant Grove City Price City Provo City Riverdale City Salt Lake City Service Area #1 San Juan School District Santaquin City Sevier Applied Technology Center Six City Commissioners Organization Snyderville Recreation District South Davis City Fire Department South Jordan City South Salt Lake City Southeastern Utah Association of Governments Spanish Fork City Springville City State Board of Education (Utah) State Court Administrator, Office of Summit County Syracuse City Taylorsville Timpanogos Special Service District Tooele County Tooele City Uintah Basin Applied Technology Center Uintah School District Utah County Utah Risk Management Mutual Association Wasatch County Wasatch Front Regional Council Washington County Washington City Washington Terrace Wellington City West Jordan Woods Cross Zion Natural History Association IDAHO Coeur d'Alene City Idaho Falls City Benewah County Blaine County Bonner County Bonneville County Boundary County Canyon County Caribou County Custer County Gooding County Idaho County Kootenai County Lemhi County Madison County Minidoka County Owyhee County Power County Valley County 10 Page 38 of 167 Agenda NEW MEXICO New Mexico Municipal League New Mexico Finance Authority Albuquerque Ruidoso Santa Fe North Central Regional Transit District Carlsbad Town of Taos Clovis Village of Taos Ski Valley Socorro County WYOMING/COLORADO/ALASKA Hoonah, AK Cody, WY Park County, WY Powell, WY Lander, WY Central Wyoming College Wheatland, WY Torrington, WY Wyoming Municipal Power Agency, WY Lafayette, CO Walsenburg, CO Logan City, CO Georgetown, CO Other: National District Attorney Association, Washington DC/Arlington VA President of general partner assistance primarily management procedure development, selection and based in Utah, Intergovernmental Academic credentials Brigham Young David has provided years. Mr. Colvin city manager improvement resource systems, legislature, Mr. plans and providing also managed and management human resource in Communications University. Gaylyn boasts complimented classification consulting engagements Department's Waste & Recycling years and as in Personnel & PROJECT TEAM -KEY STAFF Mike Swallow Personnel Systems & Services, Inc.; a human resource consulting company established in 1988 and a of Technology Net, Inc., established in 2001. For over 30 years Mike has been providing technical to local government entities either as a staff consultant or independent consultant in various HR areas, including job analysis and classification, labor market analysis and pay plan development, policy and grievance management and resolution, performance management & evaluation, recruitment and supervisor training. Having been engaged by over 100 entities, Personnel Systems & Services has clients New Mexico, Idaho, Wyoming, New Jersey and Alaska. Previous employers include the Utah Personnel Agency, Idaho Association of Counties, State of Utah- DHRM, and Summit County. include a master's degree in public administration and a bachelor's degree in psychology from University. David R. Colvin management and consulting services to state and local governments, and education for more than 25 has a dozen years of experience in city government management in three states, including 9 years as a or administrator. During his tenure as a city manager/administrator, he managed many large-scale capital projects, developed and implemented master plans, city-wide performance reporting systems, human and performance based budgets. As a strategic planner, fiscal and management analyst for a state Colvin has 9 years' experience managing and facilitating the development of several state-wide strategic consulting services in developing a state-wide performance measurement system. Mr. Colvin has and provided training for a University's state and local government managers/elected officials leadership development program, and provided consulting services to many local governments in developing systems and implementing other organizational development efforts. Mr. Colvin has a Bachelor's degree and Organizational Behavior, and a Master of Public Administration degree, from Brigham Young Gaylyn Larsen, SPHR over 21 years of experience in local government human resource management, which experience is by three years of full time consulting. Her consulting engagements involved the development of job and compensation systems, and she has been a member of several job audit teams in connection with entered into by Personnel Systems & Services. Gaylyn is served as the Salt Lake County Sheriff Human Resource Director for several years and is currently Human Resource Director for Wasatch Front District. Previously, she served as Human Resource Director for the City of St. George for nearly 8 a Human Resource Analyst for the Utah State Tax Commission. Her academic credentials include a degree Industrial Relations with a minor in Economics. 11 Page 39 of 167 Agenda Jeff Monson Jeff has attained degrees in Business Management, Business Administration, and a Master's degree in Organizational Management. He has 15 years of training, program development, and human resource experience. Jeff gained much of his experience while working at Intermountain Health Care. During that time, he worked with a variety of employee and patient groups and committees and helped develop and implement effective communication techniques and behavioral modification programs. He also gained a wide range of experience from working with over 300 small- and medium-sized organizations, assisting them with human resource, benefit, and safety issues. Additionally, he has helped companies develop the necessary policies and procedures to become more effective and profitable. Various projects involved the resolution of issues between employers and employees regarding compliance issues, safety laws, and regulations. He was elected and serves as a member of the Board of Trustees for Kearns Oquirrh Park Fitness Center. Currently Jeff is the Human Resource Director for the Valley Emergency Communications Center, Salt Lake County. Richard T. Morley Richard (Ric) holds a bachelor's degree in business administration and is a human resource professional with 20+ years of combined experience in human resource management, business, business development, purchasing, accounting, computers, and retail business management. With his experience crossing several disciplines, he brings multiple business talents to our consulting team. Since 1991 he has been involved in HR operations. This included the development of seminars in time management (Simple Time Management); serving as Director of Operations for a company that achieved over 50 million a year in sales (where he also developed the basis for the future HRIS system); serving as a team member providing HR consulting to local governments; and serving as Director of Human Resources for a small company where he was later promoted to Executive Vice President. Here he also developed an internet-based HRIS system that works with almost all payroll and human resource programs. Most recently, Ric assisted in forming a human resource company named HR Group Central whose focus is to provide customized HR technical assistance to small and large companies where he is currently serving as the COO. Ric is a member of the SHRM and has been involved with various chamber organizations. Judy Thimakis Judy has a combined 25 years of human resource experience in private industry, higher education and local government public administration. As a PhD, Judy currently occupies a faculty position at the University of Phoenix, teaching in the master's and undergraduate programs. In a fulltime capacity, Judy has worked for Salt Lake County as a Senior HR Analyst in the Human Resources Department. She is experienced in managing benefits, compensation, recruitment, employee relations, safety, training, testing, law enforcement merit systems, and some information systems. Academically, Judy carries a Bachelor's Degree in Human Resources and a Master's Degree in Public Administration. She owns a Doctorate of Management where her dissertation subject was Gender and Leadership, a Comparative Study. She is trained in dispute resolution and is a Legislative Advocate, assisting with lobbying efforts for University of Utah. Judy has been active professionally serving on boards in the human resources area including President, Vice President, and a board member for the Intermountain Compensation and Benefit Association (ICBA) and the International Public Management Association -Human Resources (IPMA-HR). Kenneth G. Topham Jr., CEBS CPM Kenneth earned a B.S. degree in Business Administration from Southern Utah State County (now Southern Utah University) and an MBA from the University of Utah. He has professional designations as a Certified Employee Benefit Specialist (CEBS) from the Wharton School and the International Foundation of Employee Benefits Plans; and as a Certified Public Manager (CPM) from the University of Utah and the State of Utah. He is a past member and chairman of the Salt Lake Area Compensation and Benefits Group and previous member of the International Foundation of Employee Benefits Plans and of the International Society of Certified Employee Benefit Specialists. He was employed with the State of Utah for 30 years, with nearly 28 years of experience in the human resource management field. He has filled positions as Management Analyst in the Department of Transportation, Human Resource Director in the State Tax Commission, State Compensation Manager, State Benefits Manager, and HR Functional Manager during the State's development and implementation of a client/server Human Resource Management Information System. He was instrumental in developing and implementing the State's flexible benefits program, employee benefits profiles, annual benefits fairs, a health awareness training program, and the State's client/server human resource management information system. His last assignment with the DHRM was as the HR Special Projects Manager with assignment specifically in the area of local government services. Ken is also a Technology Net, Inc. general partner. 12 Agenda Page 40 of 167 Attachment 2 EMPLOYEE EVALUATION Employee name and title [Employee name], [Title] Evaluation for the period: [Start date] — [End date] Supervisor name and title [Supervisor name], [Title] Department: GOALS AND OBJECTIVES DURING THIS EVALUATION PERIOD • [Goals and objectives] • [Goals and objectives] • [Goals and objectives] ACHIEVEMENTS, ACCOMPLISHMENTS, AND RESPONSIBILITIES (completed by employee) • [Achievements, accomplishments, and responsibilities] • [Achievements, accomplishments, and responsibilities] • [Achievements, accomplishments, and responsibilities] RATING SCALE 1 2 3 4 5 • 1 = Does not meet performance expectations • 2 = Partially meets performance expectations • 3 = Meets performance expectations • 4 = Meets and often exceeds performance expectations • 5 = Meets and consistently exceeds performance expectations CUSTOMER SERVICE (completed by supervisor) 1 2 3 4 5 15% • Expectation of performance • Provide specific examples of how Employee has provided customer service during the evaluation year. • Identify areas in which the employee excels in customer service. • Identify areas of customer service in which the employee could improve or modify actions. RELIABILITY/ATTENDANCE (completed by supervisor) 1 2 3 4 5 10% • Expectation of performance • Provide specific examples of Employee's reliability during the evaluation year. • Identify areas in which the employee excels in reliability or attendance. • Identify areas of reliability in which the employee could improve or modify actions. PRODUCTIVITY/SELF MOTIVATION (completed by supervisor) 1 2 3 4 5 20% • Expectation of performance • Provide specific examples of Employee's productivity and self motivation during the evaluation year. • Identify areas in which the employee excels in productivity and self motivation. • Identify areas of productivity and self motivation in which the employee could improve or modify actions. TECHNICAL SKILLS (completed by supervisor) 1 2 3 4 5 15% • Expectation of performance —cific examples of Employee's technical skills during the evaluation year. Agenda Page 41 of 167 EMPLOYEE EVALUATION • Identify areas in which the employee excels with their technical skills. • Identify areas technical skills in which the employee could improve. COOPERATION/TEAMWORK (completed by supervisor) 1 2 3 4 5 15% • Expectation of performance • Provide specific examples of Employee's cooperation and teamwork during the evaluation year. • Identify areas in which the employee excels in cooperation and teamwork. • Identify areas of teamwork and cooperation in which the employee could improve or modify actions. SAFETY (completed by supervisor) 1 2 3 4 5 2% • Expectation of performance • Provide specific safety examples during the evaluation year. • Identify areas in which the employee excels in safety. • Identify areas of safety in which the employee could improve or modify actions. JUDGEMENT (completed by supervisor) 1 2 3 4 5 10% • Expectation of performance • Provide specific examples of Employee's judgement during the evaluation year. • Identify areas in which the employee has demonstrated excellent judgement. • Identify areas or examples of which the employee could improve or modify judgement. SUPERVISION (completed by supervisor) 1 2 3 4 5 13% • Expectation of performance • Provide specific examples of Employee's supervision during the evaluation year. • Identify areas in which the employee excels in supervision. • Identify areas of supervision in which the employee could improve or modify actions. STRENGTHS AND AREAS FOR DEVELOPMENT • [Strengths and areas for development] • [Strengths and areas for development] • [Strengths and areas for development] CAREER DEVELOPMENT PLAN • [Career development plan] • [Career development plan] • [Career development plan] GOALS AND OBJECTIVES FOR NEXT EVALUATION PERIOD • [Goals and objectives] • [Goals and objectives] Agenda ] Page 2 of 3 Page 42 of 167 EMPLOYEE EVALUATION • [Goals and objectives] EMPLOYEE COMMENTS • [Goals and objectives] • [Goals and objectives] • OVERALL EVALUATION RECOMMENDATION CUMULATIVE SCORE • Employee's cumulative score indicated eligibility for pay increase • 1— Grounds for discipline/termination • 2 — Performance plan — possibly disciplinary action • 3 — Meeting performance expectations — eligible for COLA and Merit • 4 — Excelling at performance expectations — eligible for COLA, Merit, and 1.5% Performance Bonus • 5 — Exceeding Job Requirements AND Excelling in areas beyond — eligible for COLA, Merit and 3% Performance Bonus EMPLOYEE SIGNATURESUPERVISOR SIGNATURE Signature Signature Name [Employee name] Name [Supervisor name] Date [End date] Date [End date] Agenda ] Page 3 of 3 Page 43 of 167 Attachment 3 ORDINANCE NO.2016-14 AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE FOR FISCAL YEAR 2016-2017 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 January 1, 2017. DATED this 22nd day of November 2016. ATTEST: Rachel E. Stenta City Recorder SIGNED: David L. Sakrison Mayor Agenda rdinance #2016-14 November 22, 2016 Page 44 of 167 Ordinance 42016-14 Attachment A JOB TITLE ADMIN ASSISTANT - AQUATIC ADMINISTRATIVE ASSISTANT I ADMINISTRATIVE ASSISTANT II ADMINISTRATIVE ASSISTANT ADMINISTRATIVE ASSISTANT II ANIMAL CONTROL OFFICER ANIMAL CONTROL SUPERVISOR ANIMAL SHELTER MANAGER AQUATIC CENTER MANAGER AQUATIC MANAGER ARTS/SPECIAL EVENTS MANAGER ASSISTANT CITY MANAGER/RECORDER ASSISTANT PLANNER ASSISTANT TO CITY ENGINEER CITY ENGINEER CITY MANAGER CITY PLANNER CITY TREASURER CIVIL ENGINEER SENIOR COMMUNITY SERVICES DIRECTOR CONSTRUCTION INSPECTOR DEPUTY RECORDER DEPUTY RECORDER II/HR DEPUTY TREASURER FILM COMMISSION COORDINATOR LIEUTENANT LIFEGUARD PARKS SERVICE WORKER I PARKS SERVICE WORKER II PARKS SERVICE WORKER III PARKS SUPERINTENDENT PARKS,RECREATION & TRAILS ASSISTANT PARKS/RECREATION/TRAILS DIRECTOR POLICE CHIEF POLICE OFFICER I POLICE OFFICER II POLICE OFFICER II/DRUG ENFORCEMENT POLICE OFFICER III POLICE OFFICER III/DRUG ENFORCEMENT PUBLIC FACILITIES SUPERINTENDENT PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN PUBLIC WORKS DIRECTOR RECORDER ASSISTANT SERGEANT SEWER DIVISION SUPERINTENDENT SPORTS/RECREATION ASSISTANT SPORTS/RECREATION MANAGER STREETS SERVICE WORKER I STREETS SERVICE WORKER II/CDL STREETS SERVICE WORKER II/MECHANIC STREETS SERVICE WORKER III/CDL STREETS SERVICE WORKER III/MECHANIC STREETS SUPERINTENDENT WASTEWATER TREATMENT PLANT OPERATOR/SUPERINTENDENT WATER DIVISION SUPERINTENDENT WATER/SEWER SERVICE WORKER I WATER/SEWER SERVICE WORKER I/METER READER WATER/SEWER SERVICE WORKER II/CDL WATER/SEWER SERVICE WORKER II/WWTP WATER/SEWER SERVICE WORKER III Hourly Pay Rates Minimum $15.91 $17.49 $19.27 $17.58 $19.27 $16.49 $20.12 $20.90 $25.62 $21.36 $21.78 $43.68 $20.77 $19.69 $35.99 $55.12 $28.09 $22.22 $27.42 $33.05 $20.61 $17.75 $28.05 $18.55 $23.63 $28.65 $16.48 $16.70 $17.18 $17.89 $24.88 $16.72 $32.97 $36.38 $19.85 $20.44 $20.44 $21.29 $21.29 $24.00 $15.61 $36.32 $17.78 $24.50 $25.96 $16.95 $22.65 $16.97 $17.50 $18.46 $19.10 $21.51 $25.27 $27.06 $26.23 $17.13 $17.07 $17.67 $18.59 $18.95 Pay Range Midpoint $19.89 $21.86 $24.09 $21.98 $24.09 $20.61 $25.14 $26.13 $32.02 $26.70 $27.23 $54.60 $25.97 $24.61 $44.99 $68.90 $35.11 $27.78 $34.27 $41.31 $25.76 $22.18 $35.07 $23.19 $29.54 $35.82 $20.61 $20.87 $21.47 $22.36 $31.10 $20.91 $41.21 $45.47 $24.82 $25.55 $25.55 $26.62 $26.62 $30.00 $19.51 $45.40 $22.23 $30.63 $32.45 $21.18 $28.31 $21.21 $21.88 $23.08 $23.88 $26.89 $31.59 $33.83 $32.79 $21.42 $21.34 $22.09 $23.24 $23.69 Maximum $23.87 $26.24 $28.90 $26.38 $28.90 $24.74 $30.17 $31.36 $38.43 $32.04 $32.67 $65.52 $31.16 $29.54 $53.99 $82.68 $42.13 $33.33 $41.13 $49.58 $30.91 $26.62 $42.08 $27.83 $35.45 $42.98 $24.73 $25.04 $25.77 $26.83 $37.32 $25.09 $49.45 $54.56 $29.78 $30.67 $30.67 $31.94 $31.94 $36.00 $23.41 $54.48 $26.67 $36.75 $38.94 $25.42 $33.97 $25.45 $26.25 $27.69 $28.66 $32.27 $37.91 $40.60 $39.35 $25.70 $25.61 $26.51 $27.88 $28.43 Monthly Pay Rates Pay Range Annual Pay Rates Pay Range Minimum Midpoint Maximum Minimum Midpoint Maximum $2,758 $3,032 $3,340 $3,048 $3,340 $2,859 $3,487 $3,623 $4,441 $3,702 $3,775 $7,571 $3,601 $3,413 $6,239 $9,555 $4,868 $3,852 $4,753 $5,729 $3,572 $3,076 $4,863 $3,216 $4,096 $4,966 $2,857 $2,894 $2,978 $3,101 $4,312 $2,899 $5,714 $6,305 $3,441 $3,544 $3,544 $3,691 $3,447 $3,790 $4,175 $3,810 $4,175 $3,573 $4,358 $4,529 $5,551 $4,628 $4,719 $9,464 $4,501 $4,266 $7,799 $11,943 $6,085 $4,814 $5,941 $7,161 $4,465 $3,845 $6,078 $4,020 $5,120 $6,208 $3,572 $3,617 $3,722 $3,876 $5,390 $3,624 $7,143 $7,881 $4,301 $4,429 $4,429 $4,613 $4,137 $4,548 $5,010 $4,572 $5,010 $4,288 $5,230 $5,435 $6,661 $5,553 $5,663 $11,356 $5,401 $5,119 $9,358 $14,332 $7,302 $5,777 $7,129 $8,593 $5,357 $4,614 $7,294 $4,824 $6,144 $7,450 $4,286 $4,341 $4,466 $4,651 $6,469 $4,348 $8,571 $9,458 $5,162 $5,315 $5,315 $5,536 $3,691 $4,613 $5,536 $4,160 $2,705 $6,295 $5,201 $3,382 $7,869 $6,241 $4,058 $9,443 $3,082 $4,247 $4,500 $2,937 $3,925 $2,941 $3,034 $3,200 $3,312 $3,729 $4,381 $4,691 $4,547 $2,970 $2,959 $3,063 $3,222 $3,285 $3,853 $5,309 $5,625 $3,672 $4,907 $3,676 $3,792 $4,000 $4,139 $4,661 $5,476 $5,864 $5,683 $3,713 $3,699 $3,829 $4,028 $4,106 $4,623 $6,371 $6,750 $4,406 $5,888 $4,411 $4,551 $4,800 $4,967 $5,593 $6,571 $7,037 $6,820 $4,455 $4,439 $4,595 $4,833 $4,928 $33,096 $36,382 $40,078 $36,574 $40,078 $34,302 $41,841 $43,480 $53,289 $44,424 $45,303 $90,851 $43,212 $40,956 $74,866 $114,655 $58,419 $46,219 $57,030 $68,746 $42,860 $36,912 $58,350 $38,591 $49,153 $59,598 $34,287 $34,726 $35,731 $37,209 $51,749 $34,787 $68,571 $75,660 $41,294 $42,523 $42,523 $53,154 $63,784 $44,288 $55,360 $66,432 $44,288 $55,360 $66,432 $49,925 $62,407 $74,888 $32,463 $40,578 $48,694 $75,540 $94,425 $113,310 $36,984 $46,230 $55,476 $50,965 $63,707 $76,448 $54,003 $67,504 $81,005 $35,247 $44,059 $52,871 $47,104 $58,880 $70,656 $35,290 $44,112 $52,935 $36,406 $45,507 $54,609 $38,400 $48,000 $57,600 $39,738 $49,673 $59,607 $44,746 $55,933 $67,119 $52,570 $65,712 $78,855 $56,294 $70,368 $84,441 $54,559 $68,198 $81,838 $35,641 $44,551 $53,461 $35,509 $44,387 $53,264 $36,757 $45,946 $55,135 $38,666 $48,332 $57,999 $39,421 $49,277 $59,132 $41,370 $45,478 $50,097 $45,718 $50,097 $42,878 $52,301 $54,350 $66,612 $55,531 $56,628 $113,563 $54,014 $51,195 $93,582 $143,318 $73,024 $57,774 $71,288 $85,933 $53,574 $46,141 $72,938 $48,239 $61,442 $74,497 $42,859 $43,407 $44,664 $46,511 $64,686 $43,484 $85,714 $94,575 $51,618 $53,154 $49,644 $54,573 $60,117 $54,861 $60,117 $51,453 $62,761 $65,220 $79,934 $66,637 $67,954 $136,276 $64,817 $61,434 $112,299 $171,982 $87,628 $69,329 $85,545 $103,119 $64,289 $55,369 $87,525 $57,887 $73,730 $89,397 $51,431 $52,089 $53,596 $55,814 $77,623 $52,181 $102,856 $113,490 $61,941 $63,784 Agenda Updated on: 11/14/2016 Page 45 of 167 R:\RecordenSalary Survey01-08-2016\Market Analysis - Moab 11-8-2016 Attachment 4 Salary Survey Pay Plan Adjustments Projected Fiscal Impacts Phase 1 - Year 1 - Implementation Salaries Benefits Total bring all employees within the Minimum of ranges $ 100,978.41 $ 21,290.94 $ 122,269.34 Phase 2 - bring employees with 7+ years to Midpoint of ranges $ 46,499.78 $ 14,808.82 $ 61,308.59 Phase 3 - longevity pay range adjustment for employees with 8+ years* 'includes a one time fixed bonus for employees with 11+ years $ 49,206.06 $ 9,028.90 $ 58,234.96 Phase 1 - Total Cost Implementation Estimate $ 241,812.89 FY 2016-2017 Budget' $ 227,836.00 Year 2 - Sustaining Salaries Benefits Total continue with all employees within the Minimum of ranges $ 201,956.81 $ 42,581.87 $ 244,538.69 Phase 2 - bring employees with 7+ years to Midpoint of ranges $ 92,999.55 $ 29,617.63 $ 122,617.19 Phase 3 - longevity pay range adjustment for employees with 8+ years* $ 41,912.11 $ 18,057.80 $ 59,969.91 Total Sustained Cost Estimate $ 427,125.79 Agenda Page 46 of 167 Attachment 5 r a to a To a a Q $170,000 $160, 000 $150,000 $140, 000 $130,000 $120,000 $110,000 $100,000 $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 0.00 5.00 10.00 15.00 Job Value urvey Minimum —Survey Midpoint Survey Maximum —si—R- City Actual O C-City Actual 20.00 25.00 1 30.00 Page 47 of 167 Attachment 6 Option #2 Employee pay rate falls below midpoint. Increases are added to the Base Pay. Employee pay rate falls at or above midpoint. Increases are added to the Base Pay. Employee pay rate falls at or above midpoint. Award treated as a one time bonus. COMMITTEE RECOMMENDATION Pay For Performance Performance Score <3 1 3-3.25 1 3.26-3.5 1 3.51-3.751 3.76-4 1 4.1-4.25 1 4.26-4.5 1 >4.5 .7T!' .w 0.00% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% 5.00% Performance Incentive 0.000/0 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 0.00% 0.00% 0.000/0 0.00% 3.00% 3.50% 4.00% 4.50% Longevity Recognition Now: As per existing policy. Beginning in 2 years (January 2019) employees would only be eligible for longevity pay if their performance score was a 3.0 or greater. Page 48 of 167 Attachment 7 Moab City - Proposed Pay for Performance COMPENSATION MANAGEMENT A. POLICY: Compensation for city employees shall be equitable and competitive with the market and in accord with the city's ability to pay. The compensation plan and pay rates shall be recommended by the City Manager/Personnel Officer, Human Resource Coordinator and/or Job Classification Committee for approval by the Mayor and City Council. B. GENERAL WAGE/SALARY ADJUSTMENTS: It is the intent of the city to consider prevailing practices related to cost of living and market trends in establishing wages and salaries which constitute the formal pay schedule. On all occasions the amount of the rate changes will ultimately be based upon the anticipated affect(s) upon the city budget. The Personnel Officer, based upon final Mayoral and Council approval and after a public hearing process, will make final recommendations of any changes to the salary scale. Where general, across-the-board adjustments are approved, the change will be effective on a date determined and approved by the City Council. General adjustments are separate and distinct from performance recognition bonuses and longevity increases. General adjustments may affect the pay scale only, thus shifting the pay of all employees in relation to the midpoint. 1. COST -OF -LIVING VS. MARKET: Adjustments to the salary schedule may be determined periodically through analysis of market trends in comparison to cost -of -living. This may be done once per year and the city may utilize either market survey results or cost -of -living index data (federal) or a combination of both. All employees, regardless of employment status, except those being red circled (frozen), shall receive the benefits of such general COLA adjustments to the pay plan. 2. In determining the total compensation value of the position, benefits must be considered. Base salary plus cost of benefits constitutes total compensation. In comparing benefit packages provided in the labor market, the city may evaluate both level and cost of benefits or other factors as deemed appropriate. C. HOURLY RATES: Temporary full time and all part time, seasonal and emergency employees shall be paid at an hourly rate no higher than that which is established for the position classification. D. INITIAL APPOINTMENT: All initial appointments to positions assigned to salary ranges on the compensation plan shall normally be at the minimum rate of the salary range. Exceptions may be allowed if: (1) an employee cannot be recruited for the position at the beginning rate, or (2) the qualifications of the individual selected for the position exceed the minimum requirements and the individual can be expected to perform at a level equal to that of other individuals currently being paid at the same rate. In determining placement on the pay plan under exception two, a newly hired employee may receive one percent for every year of directly related experience which exceeds the number of years required to meet the minimum qualifications, except that initial placement may not exceed 95% of the midpoint of the pay range. Exceptions for Exempt initial appointments may be considered for approval by the Personnel Officer by means of written justification showing extraordinary circumstances or unique market challenges in filling Exempt positions. 1 Agenda Page 49 of 167 Current city employees who are awarded new jobs through the recruitment process, may receive one percent for each year of directly related experience which exceeds the number of years required to meet the minimum qualifications, except that initial placement may exceed the midpoint of the pay range if the employee has over five years of experience with the city. The Human Resources Coordinator shall monitor recommended starting rates for compliance to policy and must inform the Personnel Officer and Mayor and Council of appointments that are recommended to be made at rates higher than the midpoint. E. ORIENTATION PERIOD: All newly hired employees of the city are required to complete a six- month orientation period. During the six month period the supervisor shall conduct a formal performance appraisal. At the conclusion of this orientation period and being retained the employee will be eligible for up to a three percent (3%) increase on the salary range, provided he/she is retained as an employee and has satisfactory performance reviews from the immediate supervisor or Department Head. Successful completion of the orientation period results in the award of "regular" status to the employee, part-time or fulltime. F PROMOTION ORIENTATION PERIOD: Upon being promoted to a position in a higher classification (job track promotions), regular employees are assigned a review date not to exceed six months from the date of promotion. On the date of promotion, the employee will be eligible for an increase within the salary range. The employee shall retain the increase and the promotion, provided he/she demonstrates the expected level of competence required to perform the higher - level position and receives a satisfactory performance review from the immediate supervisor or Department Head. The amount of the pay increase may exceed 5% if adjusting to the minimum for the new pay range exceeds the 5% rule. If the promoted employee fails to perform satisfactorily, termination could occur if there are no position vacancies. G. PAY PROGRESSION: Progression through the various pay ranges within the salary and wage scale shall be based upon the recommendation of the Department Head and Human Resource Coordinator with final approval given by City Manager/Personnel Officer. In making recommendations for pay progression, the Department Head shall consider compliance with city policies and procedures, performance, level of competence and job knowledge. 1. MINIMUM TO MIDPOINT PROGRESSION: Upon completion of the orientation period and receiving regular status with a pay adjustment, employees shall be assigned a new annual performance review date by the Human Resources Coordinator. It is the objective of the city that employees acquire job skills that are considered full performance level within their job classification by the time they arrive at midpoint of the pay range of the job classification in which they are hired to perform. It is the responsibility of the department head and immediate supervisor to identify the essential skills, competence, and quality of work that will satisfy the "full performance" requirement. "Full Performance" is generally achieved when the employee can perform virtually all aspects of the position's essential functions without supervision and with minimal errors. Employees, in conjunction with supervisors shall develop a performance plan based upon achieving full performance competence. Full performance (or journey level for trades and crafts) should be achievable in four to five years. Therefore, employees who progress at a normal rate may be recommended for increases in accordance with approved Pay Schedules for that position. At least four weeks prior to the annual review date, the supervisor shall conduct a performance review and prepare a written recommendation to the City Manager/Personnel Officer and Human Resource Coordinator. Initiation of a request to increase pay lies solely within the discretion of the Department Head and is not a vested right of any employee. Such requests are normally considered annually in 2 Agenda Page 50 of 167 conjunction with the budget process, but may be considered more frequently for the exceptional performer. 2. MIDPOINT TO MAXIMUM PROGRESSION: Compensation at the midpoint is considered market competitive. In order to be considered for increases beyond the midpoint, the employee must receive at least a standard rating on their annual performance evaluation. Each employee who meets this requirement may receive increases in accordance with approved Pay Schedules for that position, up to the maximum of the pay range. Upon achieving the maximum, the employee shall still be eligible for any general increase or adjustment to the pay plan (i.e., market, COLA, etc.) and for consideration for one-time performance incentives. H. RECOGNITION/INCENTIVE AWARDS : In order to promote exceptional or outstanding services and recognize those occasions where services are rendered, emergencies responded to, or proficiencies demonstrated which are beyond the normal occurrence or expectation of the job; it is the position of the city to reward such individual or group contributions. These awards shall be a one-time recognition, in that they are not added to the regular or base pay of the recipient(s). 1. CRITERIA: Monetary and non -monetary awards may be given for: a. Ways to increase office or operational efficiencies. If there is a process in the normal routine of the work place that is time consuming, a waste of one's time, repetitive, or a burden on the budget, there may be a means for improvement. This is a criterion where creative ideas improve departmental efficiency or effectiveness or eliminate difficulties. b. Exemplary performance on special projects. An employee may be given a special project. A great deal of effort and research may go into the project. The project may benefit the department or city in some way. c. Exemplary performance on special group projects. A group of individuals may be given a difficult task to perform. The team may work together to complete the difficult task in a timely and effective manner that benefits the department, city or general public. d. Cost Savings. An employee may suggest a procedure that will save costs to the department or city. Similarly, an employee may suggest a procedure for generating revenue. e. The exercise of leadership and/or initiative beyond that normally expected in the individuals regular assignments. An employee may be required to meet unusual deadlines or perform in emergency situations. An employee may demonstrate a willingness to accept and perform new assignments on a short-term basis. f. Performance which averts legal actions by or against the city. g. Actions which bring favorable public or professional attention or recognition to the department or city. h. Independent research and analysis initiated by an employee resulting in a contribution to the specific objectives or improved methods for delivering city services or conducting city operations. 2. NOMINATION PROCESS: a. Nominations may be made by any city employee, supervisor, manager, department head or member of the public and must be delivered to the City Manager/Personnel Officer with a copy to the Human Resources Coordinator. 3 Agenda Page 51 of 167 b. Effective January 1, 2017, incentive awards will be considered every six months. On a calendar year cycle, nominations will be accepted during the fifth month in each six-month period (May and November), with awards being made in June and December. c. Nominations must involve a detailed description of the project or act and the nominated employee's involvement in the act. It must also explain why the act is worthy of consideration for an incentive award. d. In order to consider eligibility for an award an Incentive Awards Committee shall be established. The Incentive Awards Committee has the authority to research beyond the initial description with the approval of the City Manager/Personnel Officer and/or Human Resource Coordinator. 3. COMMITTEE ORGANIZATION: a. The committee shall consist of one member from each city department; plus the Human Resource Coordinator, who shall serve as committee chairperson. Representatives from each department may be selected or appointed by any means chosen by the department head (i.e., departmental voting vs. mayoral or department head appointment). b. Each member of the committee shall serve a period of six consecutive months. At the end of each six-month period, a new committee shall be established, except that the Human Resource Coordinator shall remain as the committee chair indefinitely. c. The committee shall meet during the first two weeks of the sixth month in each incentive period to review and consider the incentive award nominations. The committee shall determine which nominations for incentive pay is worthy and make such recommendations to the city council, including level and type of award. d. If a member of the committee discovers that they have been nominated for an award, that person must withdraw from the committee, and the department head must appoint a replacement. e. In order to be considered for a committee position, the employee must have been employed at least three years by the city. f. All votes for awards will be considered by majority vote. 4. ADMINISTRATIVE PROVISIONS: a. The city must set aside annual award funds to be divided equally among the two award periods. b. When awarded, the City Manager/Personnel Officer shall make the announcement at a predetermined event or time, specifying award amounts and statement of justification for each. c. The committee shall provide a statement that describes the amount of the award as well as justification for the award. This statement shall be placed in the employee's permanent personnel file. 5. AWARD RESTRICTIONS: a. The most recent performance evaluation must be at least standard in order for the committee to consider a nomination. 4 Agenda Page 52 of 167 b. A nomination that is not granted an award may be resubmitted for two consecutive nomination periods. c. Levels for cash awards will be approved annually as part of the pay plan . d. More than one incentive award of different sizes may be given to the same employee, providing that the performance qualifies. e. Normally, no more than one incentive award may be given for the same or substantially similar act. f. Awards may be shared by a team of employees, provided all of the employees contribute to the project or act. g. Employees shall not be considered for an incentive award for performance that is routinely expected for any duty or responsibility. �. RED CIRCLE RATE: This provision refers to the rate of pay for an employee whose pay falls above the current maximum salary for the pay range to which assigned, reclassified or transferred. Such employee(s) shall be placed on a salary freeze for a period not to exceed two (2) years and shall not be eligible for any general adjustment (COLA) given during the same period of time. During the two-year period, if the employee's rate of pay falls back within the assigned pay range, the freeze shall be lifted. If at the end of two years, the employee's pay rate still falls above the maximum of the pay range, that employee's pay rate shall be reduced to the maximum of the assigned position. J. RIGHT TO AGGREIVE: This compensation management plan is subject to the City's grievance policy as outlined in Section IX of the Moab Personnel Policies and Procedures Manual. 5 Agenda Page 53 of 167 11/14/2016 City of Moab Mail - Agenda Item tuesday: Fwd: Special Event Permit Refund Request Rachel Stenta <rstenta@moabcity.org> Agenda Item tuesday: Fwd: Special Event Permit Refund Request David Everitt <deveritt@moabcity.org> Mon, Nov 14, 2016 at 1:47 PM To: Rachel Stenta <rstenta@moabcity.org> Forwarded message From: Tawny Knuteson-Boyd <tknuteson-boyd@moabcity.org> Date: Mon, Nov 14, 2016 at 1:45 PM Subject: Re: Special Event Permit Refund Request To: Claire Core <claire.core@aggiemail.usu.edu> Cc: City Council <city-council@moabcity.org> Claire, I'm not sure if you did this in the address line of the email or not. Please forward this on to staff, either Rachel Stenta or David Everitt. They will put it on the next agenda as an action item. Thanks for reminding us. Tawny Boyd On Mon, Nov 14, 2016 at 11:41 AM, Claire Core <claire.core@aggiemail.usu.edu> wrote: On October 25th, Resiliency Hub/Canyonlands Community Recycling submitted a request for a Special Event Permit along with a letter requesting a refund of the associated fee. The Special Event Permit was granted but the refund request was not acted on. I am requesting that our refund request be considered at your next board meeting. I have included a pdf of the refund letter below. We appreciate your consideration. Best, Claire Core You received this message because you are subscribed to the Google Groups "City Council" group. To unsubscribe from this group and stop receiving emails from it, send an email to city-council+unsubscribe@moabc ity.org. To post to this group, send email to city-council@moabcity.org. To view this discussion on the web visit https://groups.google.com/a/moabcity.org/d/msgid/city-council/C6BF5014- 910E-43C4-878A-4795814E9E25%40aggiemail. usu.edu. You received this message because you are subscribed to the Google Groups "City Council" group. To unsubscribe from this group and stop receiving emails from it, send an email to city-council+unsubscribe@moabc ity.org. To post to this group, send email to city-council@moabcity.org. To view this discussion on the web visit https://groups.google.com/a/moabcity.org/d/msgid/city-council/C6BF5014- 910E-43C4-878A-4795814E9E25%40aggiemail. usu.edu. You received this message because you are subscribed to the Google Groups "City Council" group. To unsubscribe from this group and stop receiving emails from it, send an email to city-council+unsubscribe@moabc ity.org. s group, send email to city-council@moabcity.org. Agenda Page 54 of 167 https://m ai I.googl e.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view=pt&search=i nbox&m sg=1586497d9f96b0e6&si m 1=1586497d9f96b0e6 1/2 11/14/2016 City of Moab Mail - Agenda Item tuesday: Fwd: Special Event Permit Refund Request To view this discussion on the web visit https://groups.google.com/a/moabcity.org/d/msgid/city-counci 1/CACZSpoepB Rn_UcbJ4m3Uenbt2gpy6REDMocjki-fGJ b_VMfLhg%40mail.gmail.com. Agenda Page 55 of 167 https://m ai I.googl e.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view=pt&search=i nbox&m sg=1586497d9f96b0e6&si m 1=1586497d9f96b0e6 2/2 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 56 of 167 MOAB CITY COUNCIL MEETING November 221 2016 I / Agenda Summary Item #:6-2 t Title: Approval of Permits for the 2017 Moab Rocks Mountain Bike Stage Race and Social to be held March 24-28 Fiscal Impact: This is an annual event in the community. Law enforcement and other city services are needed to support this event. The special event, park and beer permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Amy Weiser, Community Services Director Department: Community Services Applicant: Kevin McDonald/TransRockies US LP Background/Summary: Kevin McDonald/TransRockies US LP submitted all of the required applications to hold the 2o17 Moab Rocks Mountain Bike Stage Race and Social, utilizing Swanny City Park, and the City right-of-way. In the past this event occurred in October, but the event organizers felt they would have greater attendance in March. The applicant has coordinated and will continue to coordinate with other government entities including the Utah Department of Transportation the Bureau of Land Management. Please note that several of the required/permits are contingent upon other approvals. The following approvals are needed: i. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of a Park Use Permit for Swanny City Park 4. Approval of Park Alcohol Permit for Swanny City Park 5. Approval of Local Consent for a state -issued Special Event Beer Permit The City Special Events Committee reviewed the applications for the required permits and licenses for the proposed event. City support is needed for the Stage i race day on Saturday March 25. Police support is needed for traffic control from Swanny Park up to Agenda Page 57 of 167 Sand Flats Road. Approval of the Park Alcohol Permit should be conditioned upon securing state approval of the Special Event Beer Permit and submitting said permit and documentation to the City. Options: The Council may approve, approve with conditions, deny or continue the item. Staff Recommendation: Staff recommends approval of all items with the following conditions: 1. The following shall be completed and or provided to the City two weeks prior to the event a. Event staff should coordinate with the Parks Superintendent and Safety Officer on location of the Porta-potties. Porta-potties shall not be located on the grass. b. All park fees and special event fees shall be paid. c. Copy of UTAH DABC Special Event Beer Permit approvals d. Recommended Motion: "I move to approve the 2o17 Moab Rocks subject to the conditions outlined in the Agenda Summary" Attachment(s): Special Business Event License Application Class IV Special Event Beer License Application Application for the Special Use of City Parks Application for Park Alcohol Permit Application for Local Consent for a Special Event Beer Permit rAgenda Page 58 of 167 -7/V11 TRANSROCKIES' RACE SERIES Miss Jennie Ross City Treasurer City of Moab 217 East Center Street Moab, Utah 84532 Dear Jennie, By way of this letter, please accept our application for the 4`h annual Moab Rocks mountain bike race on March 24-28, 2017 at Swanny Park. We will not be holding an event in 2016. Once again, we will work closely with the BLM (Jenny Jones), City of Moab Police Department, and Moab Trail Mix (Scott Escott) to ensure a safe and friendly event. Please let me know if you have any concerns or questions about the application. Best Regards, Kevin J. McDonald VP, Director of Operations TransRockies US LP Cell: 403.483.9977 Page 59 of 167 I II IIVLV IV Race Guide & Schedule: WIVGV I - I I CIl larWl..Np f\QVC JCI Ip uy 1 I 01 IJIlulA•lp CV CI IW Moab Rocks 2017 — Daily Schedule Subject to Change Registration Location Registration Times Call to Start Race Start Start Location Finish Location Latest Finish Awards Ceremonies Daily Briefing Pictures of the day Ceremonies & Social Ceremonies & Social Location ca c CD klird/}rnr ice rnm/mnnh.rnrire/ Q Stage 0 Stage 1 Stage 2 Stage 3 Friday, March 24th Saturday, March Sunday, March 26th Monday, March 25th 27th Moab Recreation & Aquatic Ctr. 374 Park Ave. 5:00 PM — 7:00 PM N/A N/A N/A N/A N/A N/A 7:15 PM N/A 5:30 PM — 7:30 PM Swanny City Park Moab Recreation & N/A Aquatic Ctr. 374 Park Ave. 7:15 AM — 8:00 N/A AM 8:10 AM 8:30 AM W. 400 N. in front of the aquatic Ctr. end of timed descent, 3.7 mi before trailhead 4:00 PM 6:30 PM 6:50 PM 7:00 PM 5:30 PM — 7:30 PM Swanny City Park Page 60 of 167 8:10 AM 8:30 AM Klondike Bluffs Gemini Bridges Parking Lot 7:30AM-8:00 AM 8:10 AM 8:30 AM Base of Gemini Bridges Road —10 Miles from Moab Klondike Bluffs Base of Gemini Bridges Road 4:00 PM 6:30 PM 6:50 PM 7:00 PM 5:30 PM — 7:30 PM Swanny City Park 4:00 PM 6:30 PM N/A 7:00 PM 5:30 PM — 7:30 PM Swanny City Park 111 'saotnap ardpunut won 56urpvu uo pang dilemma arpprw a ow toi upi6 11101Mlya !not too 'Spowsw uopvrnarea our S•M1n011 rap Snoltvn am Aral *MAIMS iuualrp se 'Mnollvrd 6ulddew to •ornap Ag aingtvn AryOry aq Amu qvp uopenum. oz s� of s o 1gPr' �b )IS n )I9 6ulpuaasep • own `uie6 uopenafa 14 00Z `salsui SI lue3sea pawl" ;dial 0092 :uie9 uoilena13 sailm Sz :aauelsta Lum auldn3.iod aBelS r "'" r Y.. r 'L' Jam..' 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' s ias a0da 931>130tJSNVaL :i trs c X a n epuaBy DATE PAID: AMOUNT PAID: RECEIPT NO.: S-- y- I� a90" ne.g6-o CEN of MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259.5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ��'(( o L.TQ_TRANSIENT (W): �� OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: a00.0� $$8-8A a9oet" ka NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Molt•B L0C45 3- Mt ✓ Aw✓y "AG /k. O Ike-' t7g &C. ‘.4c-e s ,A. tyly "fit �e TEMPORARY STRUCTURES TO BE USED (IF ANY): 2 / ii/ v ( DATE(S) AND TIME(S) OF EVENT: /l All . 2 y' � Y / g 0 1 % ANTICIPATED # OF EVENT PARTICIPANTS: re)-715 P.V. PS)✓4.f N 1. - 530�,, - Y:00 p 1)4/LY A Uh NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: N /R EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): .4 A&C TR y Ft - „Z ? • EVENT SPONSORS NAME: rEvl i fit c 0 D N/1'40 / Tt 414420 G k �C S US L P PHONE: 13. qe3• 57 4_7. SPONSORS ADDRESS: LIMOS W • GJ 4./6 )C it.Ve CITY: j fJ- hi,40 o or STATE: C/ ZIP: 0 yU SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF ORGANIZATION: PROPRIETORSHIP 0 PARTNERSHIP 0 CORPORATION OOTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: —12 /j-i✓j et o C/k Ce:S VS GP C d >T Q THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IIWE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY FIEASE PRINT NAUE(5) BUSINESS LICEN GULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION C• • TAINED ' -EIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPL • N PONSOR). ( E AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Elteh-� c,cy�ri SS County of ) I SUBCRIBED AND SVjtQRN to before me this day of NOTARY PXJBLIC -� /ate r//( Aia i t, ,ad c c,. JEREMYLEPORE Notary Public State of Colorado Notary ID 20074029983 My Commission Expires Sep 26, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 13 of 25 Page 64 of 167 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: (Or)c!(4^'7-s l)coeleGeS c/s G;P LICENSE APPROVALS CITY STAFF In APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ No ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01 /05 Page 14 of 25 Page 65 of 167 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY .Applicant Information Name of Person Responsible for Use of Park: 1(0/ / fv 41,0 Name of Organization and Event if applicable: j e-A ,e v c•-(s v S L P Address. 1441, 5 t"✓• C°LF1W Rat. t� / 5 Y � Lit-Ccv ao D� Cv F-Ha Day Phone: l'1°)- 14Y3• �y 37- fr-4 . cv," Proposed Park Usage Information Which park to you intend to use? Swanny Park: ✓ Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: htAQ • L`//l1• Start Time: 5'l o am pm End Time• �`O am Proposed End Date: A`1".. ,1-77/7- Start Time: 6' 30 am/ End Time. S'• ° 0 am Please specify what areas of the park are proposed for use• 5 L / L°Jy/Jfty 4_4 c✓r'� B /1.i0 a Nal, D For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: , u 67 Number of spectators that you expect: (b Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: CAI x(° Ty),TI / 7-011O F��cE_ Will amplification be required for your event? Yes '� No Please specify any electrical needs for your event: C2 ) / L � �•L v� T Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. si,AG 0xi TL6Tr PAIL /6Ri � CTYL A/Pr e-C/ b %o,c n.v",.se2� If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. NU 5771' ! c LvS'vt C Eb PLEASE COMPLETE OTHER SIDE Page 9 of 25 Page 66 of 167 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No IV Please describe any security or crowd control measures you plan for use of the park: 1•0. C1-IFC 1Ea")c oLNI For groups over 100 people, please describe your refuse control and recycling plan: 12/11 c. Yv 0 /,✓s Z-v Tit to a <lI a ✓T 7 C f<EV Please describe your clean-up plan during and after the event: Si i CLE ,v(:v vp p-0.4 Egli Dk7 /f 111/r),/I / �L'�G/4./` r 0 vEX. w/ir1i7 Please describe your restroom facility plan: GI/GC. 2Er7" �i �I CET1 FLo�., 2 s 13/2)5' . Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: pi4(L i Per LC ,eil, PAC wlc,C 4, 1:- F,,.,.o f 1.----0,A_ /ho 4-8 7-11.4./c m roc pi Iv/to,t L.e,GAC. l 49-/L iv/`O/.✓L /f,%s 414 /,✓ in/ .4�NG r Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes `-/r No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditiorLs at this permit. Signature of Contact Person: Date: At 4`1..c L-I 2 r//6 Office Use Only Public Works Review: Police Department Review: Administrative Review. S-Y-/ Park Use Fee: Date Fee Paid: Date of City Council Approval. /b .co Insurance Received: Final Set up Diagram Received Special Conditions or Requirements: Other Required Permits and Approvals Page 10 of 25 Page 67 of 167 Swanny Park I\ \. 400Noah area t 100 50 N [1 SCALE ca c a) a) Q y 7P wET3 and PO ,4-0" 0 100 1" = 1001 Page 11 of 25 Page 68 of 167 1 200 FEET To Maln St. One Block 0--a 43--. City of Moab Park Alcohol Permit Application and Checklist A Park Alcohol Permit may be granted if the City Recorder certifies that the applicant meets the conditions on the following checklist. The Applicant should complete the information on this form and submit the form along with the Park Use Application and the Special Business Event License Application. Applicant is responsible to abide by all applicable terms and conditions of this permit and all other required permits and approvals. Upon successful completion of all items on this checklist, the City Recorder will certify completion and issue the permit. PLEASE PRINT Applicant Information Name of Person Responsible for Use of Park: ��1/l;✓ ()l c-po ,/A 4,0 Name of Organization and Event if applicable: T i -4//5 41 c-lz lE S !/f a/115 teu c-k-r Address. «cio C04--G- ')‘ Ave') i. /5'S- LfYCc1.v42thay (1 yti,/o J Day Phone: yo 3 4Y3. 5 5 -3 Email: e e cl. ,.-„� Date(s) of Event: M EGG (74 )- `�� S7 ,Z ) 2- v l �— Park Alcohol Permit Checklist (for internal use only) I certify that the event sponsor has completed all of the following approvals and is hereby issued a Park Alcohol Permit: Event Sponsor has obtained approval for a State of Utah Single Alcohol Permit or Temporary Special Event Beer Permit (applicable permit is attached) Event Sponsor has obtained approval for all applicable City of Moab alcohol licenses. Event Sponsor has obtained approval for City of Moab Special Event License for the event. Event Sponsor has obtained approval for a City of Moab Park Use Permit for the event. City Recorder's Signature Date Page 20 of 25 Page 69 of 167 DATE PAID' AMOUNT PAID: RECEIPT No.: g ' CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET Moae, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: O CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: '71(CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 ikeQ APPLICANT'S PERSONAL INFORMATION FULL NAME: VtVia 721c Po A/4C.0 HOME ADDRESS: SZl B 1 vL' 20 A o SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER 8 STATE: HOME PHONE: 4714 3. C e 3, g, 71 CITY: CAW/j70 t.-- STATE: 46 ZIP: Cd 2,-E 17 DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: Tie /hi; ccie GC S J r LP SALES Tax ID #: BUSINESS ADDRESS: /yC:e S 4, . C! 4- All.?a / 14 41 1 sr BUSINESS PHONE: 7 d 3. Ue7 • / q / 17 1 BUSINESS MAILING ADDRESS: t' CITY: 4--4/444/44, STATE: C. / ZIP: ,k7 'i0 i R C a) co Q WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. O CLASS I O CLASS 11 O PRIVATE CLUB O CLASS III M/CL.ASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the Ci and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? O NO GrifES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: v►► o 414. IS C ew1 •✓G Go n, "'by 4/ 'Beer application is for 3.2% by weight only. Also requires a State license. 09.2/105 Page 21 of 25 Page 70 of 167 3. you ever been convicted of any offense other than a minor traffic violation? No ❑ YES Of yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, 11, Private Club and Class IV. Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435)259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 22 of 25 Page 71 of 167 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. � u STATE OF UTAH COUNTY OF 6 ss uplisLaors_Siran ture JEREMY LEPORE Notary Public State of Colorado Notary ID 20074029983 My Commission Expires Sep 26, 2016 `d dUxfici-z-o , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this 'day of Page 23 of 25 Notary Public C d Q Page 72 of 167 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: rstdv+v4. Rl,&C SocfAC. 4-tva 4-"✓9-4OS Cntt(/It61✓ 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: Tv Pkn.rnil OvT17d0/C /lei. Pr.do slJ,y �g✓,LISP 4. I C34,1 c 0A,4 hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on AN. 2 -/-lY, starting at S 30 PM, and located at � uv,4-i✓,✓ f Qi4-EIG and City ordinances. SIGNED: STATE OF-14-TAH. ) COUNTY OF BRAND ) for purposes of monitoring compliance with all license terms JEREMY LEPORE Notary Public State of Colorado Notary ID 20074029983 My Com i . ion Expires Sep 26, 016 SUBSCRIBED AND SWORN TO BEFORE ME cY n THIS a� /'E DAY OF (% `mil _ , Ol Co . IN Page 24 of 25 tE c N11- .-- ON NOTARY PUBLIC C d Q Page 73 of 167 .% JEI' i. AMA.T. .:: , .t1 •Y Q �t Ilt!LQQ 0_4tI •:.1 V Ri TuRpOse: Comtri.ssion allow be Local business licensing authority provides written consent to the Alcoholic Beverage Control to issue 211 event permit to an organization for the purposes of storage, sale, offer for sale, fi rnish, or consumption of an alcoholic product on the event premises AUTHORITY: ORI.TY: Utah Code 32B-9-201 C i 7"( u F /wIP ti-g , IN City [ i Town ( j County hereby Applicant Event Event on the during fecal Dusinen 6=64 innbo hY grants its consent to the issuance of a temporary single event permit license to: Entity/Organization: 7 e AVl R rJc,i t6- f EiY is- P \Tame: P 6 A s f o c'k S Iocstion address: f dd LN/ L{d U nl 41 J•611) VT _ sr a `(- 2 -1 day(s) of At /Li ea 21/- 22 1 , „2,9/? !La - opIL1 the hours of 5 : Tali., i., - 7,3D , pursuant to the provision of Utah Code 32E-9. ; 10,41atil 0011-10 We recommend this Entity as conducting a civic or community enterprise* [ 1 Yes [ 1 Ne [ 1 A"ot providing a lreconmtendation *As�Paii<7o_fiaca iii-ii's6-4,- 'ul d-'6 �°s28=9�201 1 c dielo litilirra .ruvide'anecomrtien�ation.asta : '.vii eih itfiiy,¢ #t1247:t• •••,; ndylciirri(]- afaiiia. ee6initiiuniti4ii.Eerpj'isetA'civfe oi.r. -mn • -.. ifit- 1- diiesns s uijgiion :t�`� �[n tfienatsira.a�a'tempo'raty specialent;sa;0h:`ae a�eacia2r_b'usuiess: reGgioif's,:�oCitigat,•gdveipriie�ntal, �: ti t_�,dy Gil l ral„',re«eseo i cuii -.1! charityble,, hfett0:4h`eatnc2l•� 110/ sllo;.:a41•s %tnr.sciQnt9ftc ave: • • ini�c or . 1ciwitiiii".,:nierplbe garcei�il�+,is,ggafhering ttif,e, ps'smeinbesa;of a c ,ippli,ii!y,togeft.kerlpr,, • • cosrlrrtoo•gobtl. •:: ;`; 4?: la,s+rent perm�is�nayhot b.Qilss Acilii'orohtatild'Aiy:Iiien�ly,ot Qrgapq-siloo for tbeAki rtle;ol 1.: . -- • or:'.:' - _ §aiteniptlrtglo'ev01. theslr3gusctitmelt}'..%f a', _..olio[. ... 9;sig:; •-- • -. .. . .. Authorized Sigtult► re Name/Title Date :r•. :,Phis is`a iscggesf ."iuiat icOEillypro¢iice;ciryiCQWii:OftiAn1i, .OrRt iS AGc.ef .. 1a.. rASAF b�PTR I3F,Rai 2d15 O—CCAI C.O. NS_NT .,____ t13$ sus. isurrn TQ tls'`bA$C'.BY:TAE AI'PLIiCANI'. Page 74 of 167 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: �� f 14 MOAB CITY CODE: n• V 1 ._A2 V SIGN PERMIT: g0Qu MOVED -ON NECESSARY: ❑ YES � No REQUIRES PLANNING QQ�� COMMISSION APPROVAL ❑ YES 1��13 No REVIEWED BY ZONING ADMINISTRATOR: DATE: 4 - 13 ' 1 w NAME OF APPLICANT: Tit J! RU c-k (C s PHONE: Vd 3- 43 ! 9 9 7 APPLICANT'S MAIUNG ADDRESS: 1 y yU S lv. COL A .4)6. CITY: L-19-IG‘14/V✓9 STATE: C ZIP: 7V yb BUSINESS NAME: Pt D %}' 0 g J c.,t e s ( etioi S ) BUSINESS LOCATION: SW kf,A,' ` Aii jG ZONE: K.2. %.e L! w I /L V e-^' 1 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: (J1 U (/ Ai ?A /i✓ P 1/6Z i7VI G E — ,e4 c C 1fv1 S Pc-1A L L' Am/ex 1,4.6- AT S,.vA-rvN" "4.4k Page 15 of 25 06/16/05 C d Q Page 75 of 167 Certificate of General Liability & Accident Medical Insurance DATE (MM/DD/YYYY) 03/28/2016 PRODUCER Phone: (800) 747.9573 Fax (303) 422.1276 The Camp Team 9035 Wadsworth Pkv y., Suite 3840 Westminster, CO 80021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Sports and Recreation Providers Assoc. (purchasing group) end Its members. Trans Rockles U.S. L.P. 14405 West Colfax Ave., #158 Lakewood, CO 80401 INSURER A: United States Fire Ins. Co. INSURER B: United States Fire Ins. Co. INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA AXIL s80 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE M/ DATE (MDU/YY) POLICY EXPIRATION DATE (MM/DCYTY) LIMITS A GENERAL LIABIU Y SRPGP•101-0815 08/09/2016 03/29/2017 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300,000 I CLAIMS MADE I X OCCUR MED. EXP (Any one person) $ 0 X INC ATHLETIC PARTICIPANTS PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS-COMP/OP AGG. $ 5,000,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY IPer accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ B ACCIDENT MEDICAL To Be Determined 08/09/2016 03/29/2017 MAXIMUM MEDICAL BENEFIT PER CLAIM $ 10,000 X Ersess To Primary Health Ins. ACCIDENTAL DEATH 8 DISMEMBERMENT L IS2.`�00 X Policy will not cover primary health insurance deductibles, co -pays, program Emits, or out of network care. If Injured parry dues not have primary care, excess coverage becomes primary. DEDUCTIBLE PER CLAIM $ 500 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I I CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S $ OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONS Athletic Events Additional Insured(s): Certificate hotder is added as additional insured in regards to the operations of the insured. CERTIFICATE HOLDER CANCELLATION (City of Moab 217 East Centre Street Moab, UT 84532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PaovlsfoNS. AUTHORIZED REPRESENTATNE 04441 Harold Leld Page 76 of 167 Agenda L96 )o LL abed SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: AN . a2 y- i 5'1 )--d 1 1 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX _ID Page 17 of 25 09/08/03 MOAB CITY COUNCILMEETING November 22, 2016 Agenda Item #:7-1 Title: Approval of Great Western Park & Playground, the sole source provider of GameTime equimpment in Utah, as a sole source provider for purchase of the Phaser playground equipment system Fiscal Impact: $38,517.74 Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director Department: Recreation Applicant: City of Moab Recreation Background/Summary: There was budgeted $30,000 for playground equipment in the 2016/2017. After looking at different companies, we applied for a grant from GameTime for help in purchasing some new playground equipment. The 'Phaser' model of equipment is exclusive to GameTime's PrimeTime line of playground equipment. We received non -matching funding help of $17,836.23 through Great Western Park & Playround, GameTime's sole source provider in Utah, towards playground equipment that would have cost $51,868 with installation included. With $4,485.97 in shipping the cost came up to $38,517.74. We have funds either in our park improvement capital project line or our recreation special projects line that we can use to offset the $8,517.74 that would be in addition to the already $30,000 budgeted. As mentioned, this equipment is exclusive to the GameTime company and with the discount we have received via the grant this is a unique situation where having this be a sole source I believe should be considered. Options: The council may approve, approve with conditions, deny or postpone this item Staff Recommendation: City staff recommends approval or this purchasing exception for a sole source provider for the Phaser playground equipment. Recommended Motions: "I move to approve GameTime, a subsidary of Playcore, as a sole source provider for purchase of the Phaser playground equipment system." Attachments: Equipment and proposal from GameTime Letter from GameTime listing Great Western as Sole Source Provider Agenda Page 78 of 167 Moab, UT Moab City Playground Option 2 Great Western Park & Playground I Lewis L Painter _ 435-245-5055 _ lewis@gwpark.com Agenda Page 79 of 167 Moab, UT Moab City Playground Option 2 Great Western Park & Playground I Lewis L Painter _ 435-245-5055 _ lewis@gwpark.com Agenda Page 80 of 167 Moab, UT Moab City Playground Option 2 Great Western Park & Playground I Lewis L Painter _ 435-245-5055 _ lewis@gwpark.com Agenda Page 81 of 167 Moab City Playground Option 2 Great Western Park & Playground I Lewis L Painter _ 435-245-5055 _ lewis@gwpark.com Agenda Page 82 of 167 as c a> 0) Q SC-00\ER CL 19096 oa b C'tyaygrou li Optson 2 WOR V HOOF 36019 2 WAY S X-POD C ST-D 36021 \G E \ BOSS BEA 36031\ E\TRY WAY 19001 FR -ESTA\ 9 \ G X DOD STEP - \TRY 36082 k WAY V 19001 v ARCHED C H A \ \ -T 3 6 01 /l ZIP SL 1912� D-9 F CLVBE 19223 ACC -SS ATTA C V - \ T 19035 TRA\SEER DLATFOR W/ G � /6\ A L 19285 5 5' 99 R VER ROC< CL 19287 FLOW-R T,�L/< T� B E �19368 DOUBLE / D SLID 19081 FLOW- R TALK T3E 38018 -RIA\GJLA� SHRO,.D 2609/1 (3) F RE- -\G\E DA\ -L 1 2L02 AS-I/<0 (BELOW) 1908/1 LEA\ \ G WALL 1 91 /6 F,\ S-AT(BELOW) 18/66 9 0 ° D LAY F\\-L BR 19701 -RV- / D SL 19322 s o 9 0 0 1 CERTIFIED A PLOYCORE Company 150 PlayCore Drive SE Fort Payne, AL 35967 www.gametime.com Moab City Moab, UT 1 Representative Q_P J / This play � 'Minimum Area Required: equipment is recommended for children ages Scale: 1" = 51-0" This drawing can be scaled only when in } ,, an 18" x 24" format IMPORTANT: Soft resilient surfacing should be placed in the use zones of all equipment, as specified for each type of equipment, and at depths to meet the critical fall heights as specified by the U.S. consumer Product Safety Commission, ASTM standard F 1487 and Canadian Standard CAN/CSA-Z-614 Drawn By: NH Date: 09.26.16 Drawing Name: Moab City Grant Playgrovtl Page 83 of 167 (Gamelime) Moab City Attn: Tif Miller 217 East Center Street Moab, UT 84532 Phone: 435-355-0660 Great Western Park & Playground P.O. sox 97 Wellsville, UT 84339 800.453.2735 www.gwpark.com Moab City Grant Playground Option 2 QUOTE #86128 11/10/2016 Project #: P64944 Ship To Zip: 84532 Quantity Part # Description Unit Price Amount 1 RDU 1 INSTALL Game Time - Custom Playground Game Time - Installation of New Playground Equipment Shipping to: Moab, UT 84532 *Freight charges are based on listed zip code and are subject to change, if shipping information changes. Customer is responsible for all offloading of equipment $41,668.00 $10,200.00 SubTotal: Discount: Freight: Total Amount: $41,668.00 $10,200.00 $51,868.00 ($17,836.23) $4,485.97 $38,517.74 Pricing is based on 2016 Grant pricing with CWO. Equipment must ship from factory by December 9, 2016 to be eligible for grant pricing. Installation, site work and surfacing are not included in this quote. ***Note: If you are issuing a P.O. or CONTRACT please make it payable to GameTime C/O Great Western. Checks should also be made payable to Gametime C/O Great Western** Agenda Page�ll Wei 167 GREAT WES 1 LRN RECIRE N Levers Painlef No811 Harare lfflopiliappr tort Noellaywrarkkam Moab City Grant Playground Option 2 QUOTE #86128 11/10/2016 ***Note: If you are issuing a P.O. or CONTRACT please make it payable to GameTime C/O Great Western. Checks should also be made payable to Gametime C/O Great Western** Payment Options Credit Orders - Complete a Gametime Credit Application in order to receive approved credit. Allow 7-10 business days for processing time. An order deposit may be required. Credit Card Orders - Visa, Mastercard, or American Express. Your credit card will be charged by Gametime. Cash on Delivery(COD) - Cashiers Check ONLY made out to Gametime C/O of Great Western This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime, c/o Great Western. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Pricing: f.o.b. factory, firm for 10 days from date of quotation. Payment terms: payment in full, net 30 days subject to approval by GameTime Credit Manager. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Shipment: order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Damaged goods and/or shortages must be reported within 30 days of receipt of shipment in order to receive full credit. Please inspect and inventory all items received and list all damaged and missing goods on the bill of lading provided by the freight driver. Credit will not be given on items reported outside the 30 day time period. Freight charges: Prepaid and added at time of invoicing. Taxes: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry. Receipt of goods: Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Unless specifically included, this quotation also excludes drawings and permits. This quotation also excludes impact testing and independent audits unless specifically included. Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime designs and specifications are unique and not intended to be identical in all respects to other manufacturers. When requested we shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. To order: Please complete the acceptance portion of this quotation and provide color selections, purchase order copy and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Site Dimensions: Confirmation of final site dimensions and use zones are the responsibility of the owner. Use Zones: Use zones shown are minimum safety zones required and should be clear of any overhead obstructions and any other encroachments. Please refer to ASTM 1487-07 a el for additional information regarding using zones and placement of playground equipment. Agenda Page��28of`i 167 GREAT WES LRN RECIRE N Levyrs Painter No811 Harare lfflopiliappr tort Noellaywrark,00m Moab City Grant Playground Option 2 ***Orders cannot be processed without color options. Please list your color choice below. Color Palette Name Enter Desired Custom Colors: Uprights (Metal): Decks: Accents/Arches (Metal): Plastics: Roofs: Rock Plastics: Handgrips: Tubes (Plastic): HDPE: 2 Color HDPE: QUOTE #86128 11/10/2016 THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO GAMETIME, C/O GREAT WESTERN. Order Information: Bill To: Ship To: Company: Contact: Billing Contact: Address: Address: City, State, Zip: City, State, Zip: Tel: Tel: Email: Email: Customer's Signature: Agenda Page3 of`i 167 GREAT WES LRN RECIRE N Levers Pa1191ar Nina!! Harare lfflopiliappr tort Naellaywrarkkam f / AGENDA SUMMARY MOAB CITY COUNCIL MEET;NG November 22, 2016 Agenda item #: 7-3 / Title: Approval of the License Agreement with Bear Cloud Software for STR Helper Fiscal Impact: $2,600 annual fee and $300 per license annual fee Staff Presenter: Amy Weiser, Community Services Director Department: Community Services Summary: City Staff was contacted by Bear Cloud Software a few months ago about their innovative software program for Short Term Rental (STR) tracking and enforcement called STR Helper. City Staff received demonstrations of the software and believes that STR Helper will provide staff with an extremely helpful tool for Short Term Rental enforcement. It also creates a database for ease of sending out renewal notices, violation letters and weekly updates of recent activity. Staff is ready to get the live active version of this program that is tailored to the City of Moab. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the License Agreement with Bear Cloud Software for STR Helper Recommended Motion: "I move to approve the License Agreement with Bear Cloud Software for STR Helper." Attachment(s): STR Helper Software License Agreement Agenda Page 87 of 167 as) ear I VVloaud �1R� STR Helper Software License Agreement For Moab, Utah Agenda Page 88 of 167 BeprTfil9Eud Bear Cloud Software STR Helper Software License Agreement BY USING THE LICENSED SOFTWARE FROM BEAR CLOUD SOFTWARE, THE INDIVIDUAL IF ACTING ON BEHALF OF HIMSELF OR HERSELF ("INDIVIDUAL CUSTOMER") OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF AN EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, OR OTHER ENTITY ("ENTITY CUSTOMER", THE INDIVIDUAL CUSTOMER AND ENTITY CUSTOMER TOGETHER ARE "CUSTOMER") IS AGREEING TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT INSTALL, COPY, OR USE THE LICENSED SOFTWARE. 1. DEFINITIONS. "User Account" means, collectively, the specific User ID, and authorization for each copy of the Licensed Software issued by Bear Cloud Software to Customer. "Affiliates" or "Affiliate" means an entity, institution, or organization that controls, is controlled by, or is under common control with another entity, institution, or organization, with at least majority ownership. "Authorized Reseller" means an authorized distributor, authorized reseller, or dealer of the Licensed Software. "Authorized User" means an employee or contractor licensed to use STR Helper. "Documentation" means the user manuals and supporting documentation in electronic form provided with the Licensed Software under this Agreement. "License Fee" means the applicable fee for which Customer licenses the Licensed Software. "License Period" means a perpetual term unless (a) terminated as provided below or (b) a specific fixed term is otherwise set forth in the License and User Account. "Licensed Software" means the specific software licensed to Customer under the terms of this Agreement (as specified in the License and User Account issued to Customer), including any Updates and Upgrades thereto. "Bear Cloud Enhancements" means enhancements to Bear Cloud Files in which the copyright is owned by Bear Cloud Software or distributed by Bear Cloud Software from time to time. "Bear Cloud Website" means www.strhelper.com. "Update" means a revision to the Licensed Software or patch that improves the functionality of the Licensed Software, and may contain new features or enhancements, which is not an Upgrade. "Upgrade" means a subsequent version of the Licensed Software that Bear Cloud Software designates as a new release and makes generally commercially available or a different flavor of the Licensed Software that that Bear Cloud Software makes generally commercially available. Agenda Page 89 of 167 bear Cloud 2. LICENSE AND OWNERSHIP. _ 2.1 License and User Accounts. that Bear Cloud Software shall issue Customer a "License and User Account" via email, fax, postal mail, or courier (e.g., FedEx, UPS, DHL) that sets forth the specific Licensed Software, the specific number of Concurrent Authorized Users for Entity Customers, and the User Account associated with the Licensed Software (the License and User Account or User ID). The License and User Account is hereby incorporated by reference into this Agreement. Certain of the licenses in Section 2.2 permit use by Authorized Users of Entity Customer and the Entity Customer is responsible for compliance of all such Authorized Users with the Agreement and shall be liable for the breach of the terms of this Agreement by such Authorized Users. 2.2 Single -User License. An Individual Customer whose License and User Account issued by Bear Cloud Software specifies the "License Type" as "Single User". A Single -User license is for a named individual who is identified as the Authorized User. Subject to the terms and conditions of this Agreement, Bear Cloud Software grants to Customer a transferable license, without the right to sublicense, to use the Licensed Software. 2.3 Documentation License. Subject to the terms and conditions of this Agreement, Bear Cloud Software grants to Customer a transferable license, without the right to sublicense, to use the Documentation in connection with Customer's authorized use of the Licensed Software. Customer may not reproduce or distribute the Documentation in any manner, whether physically or electronically, without the express written permission of Bear Cloud Software. 2.4 User Account. Bear Cloud Software shall issue to Customer a License and User Account for each copy of the Licensed Software. Customer is entirely responsible for any and all activities that occur under Customer's account. 2.5 License to Bear Cloud Enhancements. Subject to the terms and conditions of this Agreement, Bear Cloud Software grants to Customer a transferable license, without the right to sublicense, to use Bear Cloud Software Enhancements solely with the Software for Customer's internal business, research, or educational purposes. THE ENHANCEMENTS ARE PROVIDED TO CUSTOMER ON AN 'AS IS' AND 'WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. 2.6 Restrictions. Customer shall not, nor permit any person (including any Authorized User) to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the Licensed Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the Licensed Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the Licensed Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the Licensed Software, or any portion thereof; (v) transfer, use, or export the Licensed Software in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the Licensed Software or any system services accessed through the Licensed Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, Trojan horse, or other harmful, disruptive, or unauthorized component; or (vii) embed the Licensed Software in Agenda Page 90 of 167 BeprTfil9Eud any third -party applications, unless otherwise authorized in writing in advance by an officer of Bear Cloud Software. 2.7 Ownership. The Licensed Software, Bear Cloud Software Enhancements, and Documentation contain copyrighted material and other proprietary material and information of Bear Cloud Software and/or its licensors. Bear Cloud Software and/or its licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, Bear Cloud Software Enhancements, and Documentation. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Licensed Software, Bear Cloud Software Enhancements, or Documentation, or any component thereof. 3. TECHNICAL SUPPORT AND UPGRADES AND UPDATES. 3.1 Technical Support. Bear Cloud Software agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by Bear Cloud Software. All registered users of the then -current release of STR Helper and the previous release of Bear Cloud Software are eligible for free limited technical support. Installation support inquiries by telephone will be accepted by Bear Cloud Software during normal business hours. Technical support email inquiries are accepted at any time and will be answered during normal Bear Cloud Software business hours. Bear Cloud Software will attempt to respond to inquiries within the same business day. 3.2 Updates and Upgrades. To receive and use an Upgrade, Customer must pay the applicable annual fees for that Upgrade and agree to Bear Cloud Software standard terms and conditions governing the use of that Upgrade. 4. TERM AND TERMINATION. 4.1 Term. Customers with a fixed -term License Period, this Agreement shall commence on the Effective Date and shall Continue in effect until terminated as set forth in Exhibit A. 4.2 Termination. Customer may terminate this agreement set forth in Exhibit A. 4.3 Effect of Expiration or Termination. Upon expiration or termination of this Agreement, (i) the rights and licenses granted to Customer pursuant to this Agreement shall automatically and immediately terminate and (ii) Customer shall immediately cease using the Licensed Software. In addition, for a fixed - term License Period, upon expiration of the License Period, the User Account or User ID will expire and the Licensed Software will cease to function. 5. FEES AND PAYMENT. Fees and Payment Terms. Customer licenses the Licensed Software from Bear Cloud Software. This Agreement is between Customer and Bear Could Software solely. The applicable license fee is specified and set forth in Exhibit A. 6. IMPLEMENTATION. Customer agrees to supply Bear Cloud Software with city property data for software implementation. Agenda Page 91 of 167 BeprTfil9Eud 7. CONFIDENTIALITY. Customer and Bear Cloud Software agree to maintain the confidentiality of any confidential or proprietary information of one party (the "disclosing party') received by the other party (the "receiving party") during the term of, or prior to entering into, this Agreement that the receiving party should know is considered confidential or proprietary by the disclosing party based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information ("Confidential Information"). The Licensed Software is copyrighted and shall be deemed Bear Cloud Software Confidential Information. The Documentation is copyrighted material of Bear Cloud Software. This section shall not apply to any information that is or becomes publicly available through no breach of this Agreement by the receiving party or is independently developed by the receiving party without access to or use of the Confidential Information of the disclosing party. The foregoing confidentiality obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable the other party to seek a protective order or otherwise limit such disclosure. The receiving party of any Confidential Information of the disclosing party agrees not to use the disclosing party's Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party's Confidential Information with no less than reasonable care. All the disclosing party's information remains the property of the disclosing party. 8. LIMITATION OF LIABILITY. 8.1 Consequential Damages Waiver. IN NO EVENT SHALL BEAR CLOUD SOFTWARE OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF BEAR CLOUD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. 8.2 Limitation of Damages. IN NO EVENT SHALL BEAR CLOUD SOFTWARE'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED: (I) IF THE LICENSED SOFTWARE IS LICENSED FROM BEAR CLOUD SOFTWARE DIRECTLY, THE LICENSE FEES PAID BY CUSTOMER TO BEAR CLOUD SOFTWARE FOR THE LICENSED SOFTWARE, OR (II) IF THE LICENSED SOFTWARE IS LICENSED THROUGH AN AUTHORIZED RESELLER, THE LICENSE FEES PAID BY CUSTOMER TO THE APPLICABLE AUTHORIZED RESELLER, AS APPLICABLE. IN NO EVENT WILL BEAR CLOUD SOFTWARE LICENSORS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. 8.3 Limitation of Remedies. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. Agenda Page 92 of 167 BeprTfil9Eud 9. U.S. GOVERNMENT CUSTOMERS. The Licensed Software under this Agreement is "commercial computer software" as that term is described in DFAR 252.227-014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms and this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.111(Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors. Exhibit A Implementation Fee Account Licenses Support (Email) Upgrades Updates Annual Software Fee Additional Account Licenses Custom Development Enhancements Waived 1 License Free Free Free Free $2,500 — Non-refundable, charged after production rollout & 90 trail period has expired, paid annually unless cancelled prior to renewal date. $300 Each $140 per hour John Spuhler, CEO Bear Cloud Software Date Moab, Utah Title Date: Agenda Page 93 of 167 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING November22, 2016 z Agenda Item #: 7-4 Title: Approval of the Federal Aid Agreement between the Utah Department of Transportation and the City of Moab for the US-191 and Mill Creek Drive Intersection Improvement Project a Y op, MOAB Fiscal Impact: $200,000 required for local match; $100,000 by the City of Moab, $100,000 by Grand County Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: In early 2012, the City of Moab submitted an application for federal aid funding to the Utah Department of Transportation (UDOT) to improve the intersection of US-191 and Mill Creek Drive. The application was approved, and the project was programmed for federal funding in Fiscal Year 2017 (FY 2017). The federal Fiscal Year begins on October 1, so these funds are now available of the City and UDOT to start the project. The UDOT Region 4 office in Richfield will administer this project, and a UDOT Project Manager has been assigned. One of the first tasks undertaken by the Project Manager is to complete the Federal Aid Agreement (FAA) for the project between UDOT and the City of Moab. The FAA defines the total amount of funding available for the project as $1,200,000, with the amount of federal aid funding capped at $1,000,000 and the amount of local match set at $200,000. As is standard with all UDOT federal aid agreements, if the total project cost exceeds the $1,200,000 of funding available, then the City of Moab will be responsible for all additional costs above that amount. At the time of application in 2012, it was generally agreed to by the City of Moab and Grand County that the local match amount would be shared equally by the two agencies, and that the City of Moab would provide $100,000 of funding toward the project and that Grand County would provide $100,000. There is no record of this agreement being formalized in a Memorandum of Understanding (MOU), Interlocal Agreement (ILA), or other mechanism. City staff has discussed this project with County staff, and all agree that this equal cost share was always planned but never formalized in a project -specific agreement. The City Attorney is currently working on a MOU to formalize this cost share and the contribution amounts, and it is anticipated that the MOU will be ready for City and County approval within the next month. 1 Agenda Page 94 of 167 Upon execution of the FAA by the City, UDOT will be able to complete the contracts with the engineering consultants who were selected to perform the environmental clearance and design of the project. The design phase of the project will prepare the Plans, Specifications, and Estimates (PSE) and must be completed by August 2017. Upon completion of PSE, UDOT will be able to obligate all remaining project funds and transfer those funds into the next fiscal year (FY 2018). The project will be advertised and bid in the fall of 2017, and it is anticipated that construction will start in the spring of 2018 (in FY 2018). The City Attorney has reviewed the FAA and has approved the form and content. It should be understood that UDOT now requires an "electronic signature" for this agreement, so approval of the FAA will require the Mayor and the City Recorder to execute the agreement in the DocuSign electronic format. If the FAA is approved, City staff will begin work with the UDOT Project Manager and the engineering consultants to prepare the environmental clearance documents, and start the preliminary and final design of the project. Staff Recommendation: Staff recommends approval of the Federal Aid Agreement between UDOT and the City of Moab. Recommended Motion: "I move to approve the Federal Aid Agreement between the Utah Department of Transportation and the City of Moab for the US-191 and Mill Creek Drive Intersection Improvement Project." Attachments: Federal Aid Agreement for Local Agency Project — Mill Creek Intersection Improvement Concept Plan — Mill Creek Intersection Improvement Project Agenda Page 95 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 geeplirg Utah Moving State of Utah Department of Transportation PARTNERS uoor FOR SUCCESS :::w Gc c•nmc r.. Federal Aid Agreement for Local Agency Project City of Moab - Phillip Bowman Maximum Project Value Authorized CFDA No. 20.205 $1,200,000 Highway Planning and Construction PIN Number Project Number Agreement Number 11852 F-LC19(16) (Assigned By Comptrollers) FINET Number PIN Description 54101 Moab City, Millcreek Drive Intersection FMIS Number Improvemen Date Executed F009387 This Agreement is entered into this by and between the Utah Department of Transportation ("UDOT) and City of Moab "Local Agency(ies)", a political subdivision(s) of the State of Utah. The (City/County) has a project that will receive financing from federal -aid highway funds. The Project consists of Moab City, Millcreek Drive Intersection Improvement, located at City of Moab and identified as project number F- LC19(16); Pursuant to 23 CFR Section 635.105, UDOT has the responsibility to oversee the federal aid projects to ensure adequate supervision and inspection so the projects are completed in conformance with the approved plans and specifications, including compliance with all federal requirements; and This Agreement describes the respective roles and requirements of UDOT and the City/County to ensure compliance with the federal requirements for the receipt of federal funding for the Project. State Wide Transportation Improvement Program STIP 2016 - 2019 Fund* Prior 2016 2017 2018 2019 Total Fed Aid State Other Pct LOCAL_GOVT $0 $0 $200,000 $0 $0 $200,000 $0 $0 $200,000 100.00% STP_SU_JHC $0 $0 $1,000,000 $0 $0 $1,000,000 $1,000,000 $0 $0 .00% Total: $0 $0 $1,200,000 $0 $0 $1,200,000 $1,000,000 $0 $200,000 16.67% Agenda Page 96 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 AGREEMENT Now, therefore, the parties agree as follows: I. Description of the Project. II. UDOT's Roles and Responsibilities on a Federally Funded Local Government Project as follows: A. Oversee compliance with federal and state regulations. B. Ensure transportation project oversight as outlined in 23 CFR 635.105. C. Assign a UDOT Project Manager to: 1. Assist the Local Government Project Manager to monitor scope, schedule, budget, and help track expenditures during all phases of the project. 2. Assist in project risk monitoring by reviewing and discussing identified risks and mitigation efforts. 3. For projects approved through the Wasatch Front Regional Council (WFRC), assist in early coordination with UDOT's Environmental staff during preparation of the environmental document. 4. Prepare and process the federal aid agreement before project initiation. 5. Help administer consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the Project using the UDOT Consultant Services selection process. 6. Assist the local agency to process and approve Consultant Pay Requests. 7. Coordinate and participate in design review meetings to ensure the federally -approved, UDOT design process is followed. 8. Coordinate to ensure ongoing communication with the local project sponsor. 9. Notify the Local Government that the match, betterment or other funding to UDOT is due. 10. Assist the Local Agency in preparing and executing UDOT Standard Utility Reimbursement Agreements as required. 11. Coordinate betterment items and finalize agreements prior to construction advertising. 12. Assist with the federally -approved construction advertising and award processes through the UDOT construction advertising and award process. 13. Coordinate with the Local Project Manager to review and recommend change orders for approval. 14. Coordinate the UDOT project closeout process. III. Local Agency Roles and Responsibilities on a Federally Funded Local Government Project. The Local Agency shall manage the Project in compliance with federal and state laws and regulations. The Local Agency shall monitor the quality of work being performed on the Project and daily activities and issues with the consultants. A. The Local Agency shall assign a representative to serve as the Local Project Manager to: 1. Research, understand, and take responsibility for federal requirements by its acceptance of federal funds. 2. Coordinate with the UDOT Project Manager concerning the funding. 3. Work with organizations (MPO's, etc.) for funding and expenditure time -frames, scope issues and delivery schedule. 4. Manage the day-to-day activities of the Project as follows: a. Consultant and professional services used on the Project. b. The Local Agency shall recommend and approve consultant pay requests. c. Project scope, schedule, budget, and quality. d. Coordination of details, decisions and impacts with the local jurisdiction's community councils, commissions, legal counsel, department heads, political leads, engineering and public works departments, etc. e. Coordination with the assigned UDOT Project Manager. f. Project risk monitoring by reviewing and discussing identified risks and mitigation efforts. g. Monitor project schedule and progress of all project tasks- to ensure a timely delivery of the project. h. Schedule discussion should be held in all preconstruction and construction project progress meeting. i. Oversee project compliance with federal and state transportation project processes. These responsibilities include (but are not limited to): Agenda Page 97 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 1) Participate in the federally approved UDOT consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the project. 2) Participate as the active lead in project team meetings as well as all field and plan reviews. 3) Ensure NEPA Environmental clearances and approvals are obtained. 4) Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all design exceptions, waivers or deviations are obtained from UDOT and have the necessary signatures in place. 5) Ensure and certify that right of way acquisitions follow the federal Uniform Act and comply with state right of way acquisition policy, including rules, and meet all Project right of way commitments. 6) Ensure construction standards and specifications are met. 7) Oversee project construction management operations, progress, documentation and quality inspection to meet state and federal contract administration requirements. j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper documentation, easements and agreements in place. The Local Agency shall provide to UDOT Region Utility Coordinator the Project utility certification prior to construction advertising. All utility agreements must follow the UDOT standard Utility agreement format and process. k. Provide right of way certification verifying all required right of way has been purchased prior to advertising. I. Ensure required documentation is in place before submitting the advertising package to UDOT for advertising through its federally -approved process. m. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and betterment funds as outlined below in Section IV. n. Approve the final advertising package and obtain local signature approval advertisement. o. Review the abstract of bids and recommend to the UDOT Project Manager award of the project. The Local Agency may decline to recommend award for the following reasons: Lack of funding to cover project costs as bid, or cancelling the project. p. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer (RE). q. Review all construction change orders for approval and submit them to UDOT Project Manager for review and processing. r. Review the project budget for changes related to change orders, quantity overruns, incentives, fuel and asphalt adjustments, etc. s. Ensure materials comply with the current UDOT Materials Testing and Acceptance Manual and the UDOT Minimum Sampling and Testing Requirements. t. Assist to provide all documentation needed for construction project close out including Buy America certification. u. Coordinate the project close out process by timely closing all open contracts and agreements. This list of roles and responsibilities is not comprehensive but describes the general roles of the Local Agency. IV. Funding. Upon signing this agreement, the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT within 30 days. Phases typically include environmental, design, right of way and construction. The local match for this project is represented by the percentages of the Total Project Value shown below. In addition the Local Agency agrees to pay 100% of the overruns that exceed $1,200,000 and any ineligible costs to UDOT. The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the federal government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. No costs are eligible for federal aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. Local Agency betterments are ineligible for Federal Funding. The Federal Aid Agreement must be modified to incorporate the additional funding for the betterments that are included after the execution of this Agreement. The Local Agency will advance the funds for the betterments to UDOT prior to the construction award. Agenda Page 98 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 Flexible match (soft match) will only be utilized on this project if the flexible match is approved by the UDOT Local Government Programs Engineer and the flexible match is included in this agreement prior to execution. Flexible match will not be added to the project after this agreement has been executed. For the specific funding for the project, see page 1, Statewide Transportation Improvement Program (STIP). UDOT will request payment of matching shares and overruns through an email that will be sent to Phillip Bowman at PBOWMAN@MOABCITY.ORG, the Local Agency Contact. The Local Agency shall pay within 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, 4501 South 2700 West, Box 1415010, Salt Lake City, Utah 84114-1510. Funds requested beyond the amount described in this Agreement will require execution of a Federal Aid Agreement Modification by the parties. If the project has cost overruns, the Local Agency shall pay the additional amount to UDOT within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made in addition to any other remedies available. If the Local Agency's advanced amount exceeds its share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial closure of the project. If there are any unexpended Federal Funds remaining on the project, the funds will be returned to the funding source that they originated (MPO, etc) and reprogrammed. UDOT Comptroller shall provide the Local Agency with a quarterly statement reflecting a cost summary for the project. V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA phased approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager within 30 days of cost incurrence. Reimbursements to the Local Agency for right of way claims are classified as a pass -through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved annually by the Federal government. The Local Agency shall certify to UDOT that it has conformed to all the requirements of applicable state and federal law, Consultant Services Manual of Instruction, Local Public Agency Guide, and all the provisions of the contract, as a condition of and prior to receiving payment under the contract. The Local Agency shall comply with 23 CFR Section 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR Section 710.203 http://www.gpoaccess.gov/cfr/retrieve.html. VI. Federal Aid Project Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, 2 CFR Part 200, , UDOT Local Government and State Aid Project Guide, UDOT's Right of Way Operational Manual and the Federal Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects. They will also follow the Local Government Design and Process Manuals. VII. Project Authorization for Federal Aid. The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any federal aid project. Federal funds shall not participate in costs incurred prior to the date of authorization. The Local Agency will work with the Project Manager to establish a project end date. Any expenses incurred after the FMIS Close Out End Date will not be eligible for Federal reimbursement and the Local Agency will be required to pay 100% of those costs. This end date can be found on the UDOT website at the following link: Local Government Close Out Dates. FHWA authorizes the funding in separate phases including environmental, design, ROW, and construction. Agenda Page 99 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 Vlll.lndemnity clause. Local Agency agrees to hold harmless, defend and indemnify the State of Utah, UDOT, its employees and agents (Indemnitees) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of this Project. This clause is intended to include but not be limited to: Indemnitees own negligence unless arising out of Indemnitee's sole negligence, and any failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from this Project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the Project does not relieve the Local Agency of its Project duties, including its duty to indemnify, or its duty to ensure compliance with applicable standards. IX. Single Audit Act. The Local Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, http://www.whitehouse.gov/omb/circulars/a133/a133.html. A sub -recipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4501 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. X. Maintenance. The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with state and federal requirements. XI. Utilities. The Local Agency shall notify and cooperate with utility companies having facilities in the project limits in accordance with Utah Code Section 54-3-29. The Local Agency shall follow the standard UDOT utility agreement process including signatures by UDOT, utility, and the Local Agency. The Local Agency shall certify, in accordance with 23 CFR Section 645.107(c), that utility relocation reimbursements to be made in accordance with the provisions of 23 CFR Section 645.107(a) do not violate the terms of a use and occupancy agreement, or legal contract, between the utility and the Local Agency, or are solely for the purpose of implementing safety corrective measures to reduce the roadside hazards of utility facilities to the highway use as provided in 23 CFR Section 645.107(k). The Local Agency shall determine reimbursement eligibility for identified relocations based on Local Agency Franchise Agreement or Ordinance. If not reimbursable, submit a written statement to UDOT that the Local Agency is "legally unable to reimburse the utilities" for relocation or protection work as part of the project. Utility relocations deemed to be reimbursable will be performed in accordance with 23 CFR Section 645, Utilities, Subpart A, and are subject to 23 CFR Section 635.410, Buy America Requirements. In accordance with 23 CFR Section 645.209 (g), the Local Agency will provide a degree of protection to the highway that is equivalent to or more protective than Utah Administrative Rule 930-7, Utility Accommodation Rule. XII. Availability of Records. For a period not less than three (3) years from the date of final voucher, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the state and federal government, or furnished upon request. XIII. Right of Way. The Local Agency shall acquire all the required right of way for the Project in compliance with 23 CFR Section 710.309, 49 CFR Part 24 and UDOT Right of Way Operations Manual, including the procurement process for contracting with consultants. The Local Agency shall use the right of way module in ePM for acquisitions. The Local Agency shall utilize UDOT's contracting processes to hire consultants to provide Right of Way services. This requirement includes selection methods, consultants being on the approved pool, and the contracts going through UDOT Consultant Services. Noncompliance with these requirements may result in UDOT withholding federal funds. Once all the necessary right of way is acquired, the Local Agency shall obtain UDOT's certification. All the necessary right-of-way must be obtained before the project is advertised. No limitations concerning right -of- way shall be allowed. For UDOT right-of-way certifications required for advertising access the following: http://www.udot.utah.gov/main/f?p=100:pg::::1:T,V:808,34728. Agenda Page 100 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 For real property disposals the Local Agency shall comply with 23 CFR Sections 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR Sections 710.409 and 710.403. These sections require that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.gpoaccess.gov/cfr/retrieve.html for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate metropolitan planning organization or the Joint Highway Committee. XIV. Change in Scope and Schedule. Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project (i.e, MPO, JHC). Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders and obtain the Local Agency's consent if the change order increases the cost of the project. The Local Agency shall be responsible for 100% of the costs of all change orders on the Project not reimbursed by FHWA. XV. UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. This includes costs for auditing consultant contracts that can be up to 0.5% of the contract costs. Appropriate charges for these costs will be incurred by the project and included in the overall project costs. XVI. Additional Contracting Party. If the Local Agency desires to be an additional contracting party and an additional bondholder or obligee on the performance bond for Class B and C roads, a signed letter on official letterhead by the governing body of the Local Agency shall be an attachment to this Federal Aid Agreement. This provision applies only to federally funded projects and only on B and C roads. XVII. Termination. This agreement may be terminated as follows: 1. By mutual agreement of the parties, in writing. 2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Thirty day written notice to terminate the Agreement will be provided to the other party describing the noncompliance of the Agreement. If the noncompliance is not remedied within the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is violating the Agreement that may result in harm to the public, inappropriate use of federal funds or if the Federal Highway Administration requests immediate termination, UDOT may terminate the Agreement without giving the thirty day notice. 3. By UDOT for the convenience of the state upon written notice to the Local Agency. 4. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. In the event of termination, the Local Agency shall pay all of UDOT's costs referenced in paragraph XV regardless of whether the Project is constructed. XVIII. Miscellaneous. 1. This Agreement cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties. 2. If any term or provision of this Agreement or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each term, Agenda Page 101 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this Agreement. 3. The failure of a party to insist upon strict performance of any provisions of this Agreement shall not be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. 4. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this Agreement for and on behalf of the respective parties 5. The parties shall not, by this Agreement nor by any act of either party, be deemed principal and agent, limited or general partners, joint ventures or to have any other similar relationship to each other in the conduct of their entities. XIX. Content Review Language content was reviewed and approved by the Utah AG's office on March 17, 2016. LOCAL AGENCY Utah Department of Transportation By Date City of Moab Official By Region Director Date UDOT Comptroller By Comptroller's Office Date Agenda Page 102 of 167 DocuSign Envelope ID: 8A3DBF06-3748-4002-9F04-CAFD6E3EF1A0 Ifieffiraprfilaeglir-r*. Consultant Services Federal Aid Agreement Review/Approval Routing Form STATE OF UTAH UTAH DEPARTMENT OF TRANSPORTATION ENGINEERING SERVICES Project No.: F-LC19(16) PIN Description: TODAY'S DATE PM REQUEST DATE FEDERAL AID AGREEMENT NO. 10/3/2016 10/3/2016 PIN No.: 11852 Moab City, Millcreek Drive Intersection FINET Prog Code No.: 54101 Improvement UDOT Project Manager UDOT Contract Administrator Troy C. Torgersen 708 South 100 West Richfield, UT 84701 (435)896-1303 ttorgersen@utah.gov Michael R. Butler PO Box 148490 Salt Lake City Utah 84114-8490 (801)965-4419 michaelbutler@utah.gov Local Government City of Moab 217 E. CENTER Moab, UT 84532 Phillip Bowman, (435) 259-4941 PBOWMAN@MOABCITY.ORG Project Value $1,200,000 Federal Match $1,000,000 Local Government Match $200,000 State Match $0 This Federal Aid Agreement will follow the current Consultant Services electronic signature process. Please follow the email instructions for processing the Federal Aid Agreement. If legal reviews are required by your entity, the contract will still need to ultimately follow the electronic signature process. Agenda Page 103 of 167 U L7 DESCRI PLI ON REVISIONS NE DCCELERATION LANE SCALE HORIZONTAL 1"=50' 1 VERTICAL 1"=10' i WARNING IF THIS BAR DOES NOT MEASURE 1" THEN DRAWING IS NOT TO SCALE 1 HORROCKS Iltll ENGINEERS 2162 West Grove Parkway Suite 400 Pleasant Grove, UT 84062 Pam) 49.15960167 IUS-191 &MILL CREEK DR. CONCEPT PLAN FOR CONCEPT PLAN FOR IMPROVEMENTS " END I -ROVEMENTS,,' MATCH EXISTING PAVEMENT : '.. MILL CREEK INTERSECTION IMPROVEMENT PROJECT AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 22/ 2016 Agenda ltem #: 7-5 Title: Approval of the Project Agreement for the Water Reclamation Facility (WRF) Site Preparation Project with Harrison Field Services Fiscal Impact: Total Project Amount of $910,803 Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Vendor: Harrison Field Services 1 OAB Background/Summary: The Water Reclamation Facility (WRF) Site Preparation Project is the first phase construction at the new wastewater treatment plant. The project was advertised in May 2016 and bids were received by the City in June 2016. On June 14, 2016, the City Council approved the award of the project to Harrison Field Services (HFS). Throughout the summer and fall, City staff has been working with the Utah Department of Environmental Quality (DEQ) to secure the necessary environmental clearances and permitting to start work on the Site Preparation Project. As reported to the City Council at past meetings and workshops, many issues have come up that created significant delays for the start of the project. In anticipation of the project start, the City issued a Notice of Award (NOA) to HFS on September 30, 2016. City staff believes that the project is very close to having all necessary clearances in place to allow work to begin. If City Council approves the Project Agreement, the Mayor will be authorized to execute the agreement with HFS and a Notice to Proceed (NTP) will be issued for the project. It is anticipated that the NTP could be issued during the week of November 28, and that HFS could begin work on the removal of vegetation, clearing, and grubbing of the site during the week of December 5, 2016. The City has not yet received final approval of the Finding of No Significant Impact (FONSI) and the Construction Permit for the project from DEQ. Staff is not aware of any outstanding issues at this time that would present a significant risk for the City in starting the Site Preparation Project work by HFS. 1 J Agenda Page 105 of 167 City staff is available to further explain the project scope and work, the anticipated construction schedule, and to answer any questions that the City Council may have. Staff Recommendation: Staff recommends approval of the Project Agreement with Harrison Field Services. Recommended Motion: "I move to approve the Project Agreement for the Water Reclamation Facility (WRF) Site Preparation Project with Harrison Field Services." Attachments: Project Agreement Agenda Page 106 of 167 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This document is a MODIFIED version of EJCDC® C-520, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright. TABLE OF CONTENTS PAGE ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 - ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 4 ARTICLE 7 - INTEREST 4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 6 BC&A CITY IF MOAB Agenda ITE PREPARATION PARATION PROJECT Page 107 of 167 AGREEMENT PAGE 00 52 13 - 1 THIS AGREEMENT is by and between City of Moab ("Owner") and Harrison Field Services ("Contractor"). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. Site civil work. ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The City of Moab WRF Site Preparation Project generally includes civil work associated with preparing the site for future WRF construction and rehabilitation of the existing Wastewater Treatment Plant (WWTP) outfall. The work associated with the future WRF site preparation includes clearing existing vegetation, excavation of existing topsoil, import and compaction of fill material to achieve required grades. The work associated with the existing WWTP outfall rehabilitation includes, but it is not limited to clearing and grubbing of the work area, installation of additional reinforced concrete piping, and import and placement of bank stabilization material (riprap). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bowen Collins & Associates. 3.02 The Owner has retained Bowen Collins & Associates ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 2 Page 108 of 167 any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, a lump sum of: (Figure) $ 910.803.00 (Words) $ Nine Hundred Ten Thousand Eight Hundred three dollars and no cents. Specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 3 Page 109 of 167 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate per annum, as allowed by the State. BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 4 Page 110 of 167 I. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 5 Page 111 of 167 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance bond. 3. Payment bond. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings 8. Addenda 9. Exhibits to this Agreement (enumerated as follows): Contractor's Bid. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 6 Page 112 of 167 an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. BC&A CITY IF MOAB AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 7 Page 113 of 167 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: David L. Sakrison By: Title: Mayor, City of Moab Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: By: Rachel E. Stenta By: Title: Recorder, City of Moab Title: Address for giving notices: Address for giving notices: 217 East Center Street Moab, Utah 84532 Attn: Phillip Bowman, City Engineer (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) BC&A CITY IF MOAB License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. AGREEMENT Agenda ITE PREPARATION PROJECT PAGE 00 52 13 - 8 Page 114 of 167 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November22, 2016 Agenda Item #: 7-6 Title: Approval of Task Order #380.06.102 with Hansen, Allen, and Luce, Inc. accepting the Scope of Work for the 2016-2017 Development Review Support project with a fee amount not to exceed $50,000 Fiscal Impact: $50,000 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Hansen, Allen, and Luce, Inc. a op, MOA Background/Summary: This Task Order will allow the Engineering Department to utilize Hansen, Allen, and Luce, Inc. (HAL) for assistance with the engineering and technical review of private development projects. All land development projects proposed in the City are required to submit detailed engineering documents as part of the application package, including site plans, utility plans, grading and drainage plans, and drainage reports. These plans and reports help the City ensure that the proposed development will have the required public and private improvements included with the project, and that all appropriate design standards for the improvements are followed. It is anticipated that the remainder of calendar year 2016 and beginning of calendar year 2017 will see continued high levels of private development activity, so the Engineering Department has worked with HAL to define the specific work required with the detailed engineering review of private development projects. This Task Order will allow HAL to be "on call" to provide assistance with development review as new applications are received. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of the Task Order with HAL to provide Development Review Support. 1 J Agenda Page 115 of 167 Recommended Motion: "I move to approve Task Order #380.06.102 with Hansen, Allen, and Luce, Inc., accepting the Scope of Work for the 2016-2017 Development Review Support project with a fee amount not to exceed $50,000." Attachments: Task Order #380.06.102 (signed by HAL) Agenda Page 116 of 167 ATTACHMENT A TASK ORDER NO. 380.06.102 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB THIS TASK ORDER NO. 380.06.102 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of November , 2016, by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 2016-2017 Development Review Support 2. PROJECT SITE. The PROJECT SITE is located as follows: City of Moab 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $ 50,000. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed as negotiated on a project specific basis following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: By: Printed Name: Its: Attest: Rachel E. Stenta, City Recorder Its: Ft- ic. pal Agenda Page 117 of 167 EXHIBIT A 2016-2017 DEVELOPMENT REVIEW SUPPORT BACKGROUND AND SCOPE OF WORK BACKGROUND The City of Moab provides engineering and planning reviews of proposed residential and commercial development projects within the City. The purpose of the reviews is to verify compliance with planning, zoning, utility and engineering requirements so that each development successfully functions as intended and so that each development is a benefit to the City. While primary responsibility of the development review work is provided by City Staff, engineering and technical assistance is desired. This engineering assistance may include: 1) consultation on water, waste water, storm drainage or street improvements; 2) updates to existing water, waste water or storm drainage system computer models, when available; or 3) assistance with memos, reports, meeting attendance or presentations. Hansen, Allen & Luce, Inc. (HAL) has extensive experience assisting municipal clients with development review. With the review of over 10,000 residential lots and hundreds of commercial sites, HAL has experience working with local officials, engineers, architects, planners, and developers. This includes technical review, communication and reporting, and coordination with elected officials. HAL understands that the City of Moab is interested in establishing a standard procedure for assisting the City in the review of proposed developments, and will have a Task Order in place so that on -demand assistance is available to respond to development review as needed. Therefore, the following scope of work was prepared to define the engineering assistance. SCOPE OF WORK The scope of work is outlined by Task and Subtask below. Tasks: Land development within the City of Moab has increased significantly within the past several months. This increase has places an ever greater demand on the limited resources of current City staff. In order to continue providing an appropriate response to developers in a timely manner, the City has requested that HAL assist by assuming a significant role in the development review process. The involvement of HAL with this phase of development review is expected to be at a greater level than has been done in the past. Development Review Assistance 1. Project management and communication. 2. Technical reviews of water, waste water, storm drainage, streets, grading, land surveying or other engineering items as needed. City Staff will provide copies of information submitted by the developers and will indicate areas that staff is addressing. Agenda Exhibit A Page 1 Page 118 of 167 EXHIBIT A 3. Review the proposed development in the existing computer models, when available, and compare with master plans, master plan models, Impact Fee Facility Plans, design standards, and City Code. 4. Identify compliance and conformity to industry standards. Identify potential City concerns. Identify constructability, functionality and maintenance concerns. 5. Identify solutions to any City issues or concerns if needed. 6. Coordination with City Staff and developers including: phone calls, web meetings, emails, in -person meetings, and presentations to City Staff and City Council. 7. Coordinate with the Utah Department of Transportation when a development is located along a state highway. 8. Prepare correspondence which describes the projects, methodologies, analysis, results, and recommendations. ESTIMATED FEE HAL proposes a total "not to exceed" engineering budget of $50,000 for the development review assistance as outlined in this task order. Assumptions upon which the above estimated fee is based are as follows: 1. The cost and schedule for specific reviews and assistance will be negotiated with the City Engineer on a project specific basis as the needs for engineering services related to each development review are identified. Agenda Exhibit A Page 2 Page 119 of 167 STANDARD FEE SCHEDULE September 2015 — December 2016 PERSONNEL CHARGES EXHIBIT B Client agrees to reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional $172.00/hr Managing Professional $147.50/hr Senior Professional II $136.90/hr Senior Professional I $128.30/hr Professional III $1 16.70/hr Professional II $105. I 0/hr Professional 1 $99.20/hr Professional Intern $89.60/hr Engineering Student Intern $46.50/hr Senior Designer $97.60/hr Senior Field Technician $97.60/hr Field Technician $77.80/hr CAD Operator $77.80/hr Secretary $58.90/hr Professional Land Surveyor $1 10.00/hr 1 Man GPS Surveying Services — Surveying Technician $97.60/hr 1 Man GPS Surveying Services - PLS $130.00/hr 2 Man GPS Surveying Services - PLS $145.00/hr Expert Legal Services $275.00/hr DIRECT CHARGES Client also agrees to reimburse HAL for all other costs directly related to the completion of the project. Direct charges shall include, but not be limited to, the following: Communication, Computer, Reproduction $6.00 per labor hour Out-of-town per diem allowance (lodging not included) $35.00 per day Vehicle $0.65 per mile Outside consulting and services Cost plus 10% Other direct expenses incurred during the project Cost plus 10% Trimble GPS Unit $130.00 per day Data Logger/Transducer $125.00 per week INTEREST CHARGE AFTER 30 DAYS FROM INVOICE DATE 1.5% per month Note: Annual adjustments to personnel and direct expense charges will occur in January of each year. Mileage rate changes are based on fuel prices. Agenda Exhibit B Page 1 Page TZO of 7 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 22, 2016 I / / / Agenda Item #: 7-7 To: Members of the Moab City Council From: Jeff Reinhart, AICP, Planning Director Date: December 22, 2016 Re: Large Format Scanner/Printer Lease PL-16-152 1 The large format printer in the planning office has finally drawn its last breath. This plotter has been used to generate large prints for nearly every city department over the years and is still well used by planning and engineering. However, it has become costly to maintain and newer technology exists that can replace the current machine. Les Olson Company in Grand Junction, Colorado, holds the state contract for this equipment and has presented us with a lease amount of $263.25/month for a term of five years (60 months). Staff is recommending the agreement with the Les Olson Company because it is the state contract holder and we will get more from our dollar with next day service by a local representative, free set up, free delivery, and free training that is offered with the lease. Agenda Page 121 of 167 11/1;),)AS/N Revco 3244 South 300 West Salt Lake City, Utah 84115 Phone (801) 487-6878 Fax (801) 486-7439 Insurance Provider: Local Agent Address City, State, Zip Phone EQUIPMENT Quantity Description 1 Each HP DesignJet T2530 Printer Serial No. Date 11/03/2016 L Lease Number 01 CITMO-1 From: City of Moab -PLANNING AND ZONING Full Legal Name 217 E Center Street Billing Address Moab UT 84532 City State Zip We have entered into a Lease Agreement with Revco Leasing Company at the address shown above for the following equipment shown on the left. This is a net lease and we are responsible to provide All -Risk Insurance Coverage on the leased equipment. Please see that we have proper coverage, and send a copy of the policy to Revco Leasing Company naming them as the additional insured. If there is any delay in issuing the request policy, please send written confirmation that the insurance is in effect and that the policy or other evidence of coverage will be sent at an early date. Your prompt attention to this matter will be appreciated. Regards, Name of Lessee By Note: Please insert the correct name and mailing address of your agent in the space provided above. Revco Leasing Company will send this letter to your agent. Agenda Page 122 of 167 Equipment Lease Agreement Revco Leasing Company, LLC .1151N 3244 South 300 West Salt Lake City, Utah 84115 Phone (801) 487-6878 Fax (801) 486-7439 SUPPLIER Les Olson Company 3244 South 300 West Salt Lake City, Utah 84115 LESSOR Revco Leasing Company, LLC 3244 South 300 West Salt Lake City, Utah 84115 Acceptance By Lessor: Revco Leasing Company, LLC Signature: Date: Acceptance By Lessor Revco Leasing Company, LLC Signature: Date: EQUIPMENT Quantity Description I I [ach HP DesignJet T2530 Printer Agenda Serial No. ] See attached schedule for additional Equipment DELIVERY AND ACCEPTANCE The undersigned hereby certifies that all the equipment described in the equipment lease between Revco and the undersigned has been furnished, that delivery and installation of this equipment has been fully completed as required, with the delivery date being the date of this certificate, and that it has been accepted by the undersigned as satisfactory. Further, all conditions, and terms of said equipment lease have been reviewed and acknowledged. Signature Print Name Title Date Lease Number 01 CITMO-1 LESSEE City of Moab -PLANNING AND ZONING Full Legal Name DBA 217 E Center Street Address Moab UT 84532 City State Zip Contact Phone EQUIPMENT LOCATION, IF OTHER THAN ADDRESS OF LESSEE LEASE TRANSACTION TERMS 60 Payments of $263.26 Commencement Date 11/03/2016 Use Tax $0.00 Term 60 months Total Payment $263.26 Billing Period Monthly The following additional payments are due on the date this Agreement is signed by the Lessee: Advance Payment $0.00 Document Fee and UCC Filing Fee $75.00 (included on first invoice) City of Moabagrees to pay the property tax that is billed annually END OF LEASE OPTIONS Lessee shall have the following option at the end of the original term, provided all payments have been made and no event of default under the lease has occurred. 1. Purchase the equipment for fair market value. 2. Renew the lease. 3. Return the equipment as provided in Paragraph 14 of this lease agreement. 4. Opportunity to upgrade. 5. Other: LESSEE SIGNATURE in both sides of this Equipment Lease Agreement, by reference) and become part of this to all the Terms and Conditions and understand above. You agree to all of the Terms and Conditions contained and in any attachments to same (all of which are included Agreement. You acknowledge to have read and agreed that this is a non -cancelable Lease for the fun term shown By: X Signature of Authorized Signer Name: X Please (hint Title: Date: Fed Tax ID PERSONAL GUARANTY guarantee the prompt payment when due Lease Agreement. To enforce the first to (a) give guarantor notice of Lessee's the liability of Lessee under the Lease of rental and may extend the terms of this guaranty. This is a guarantee of is a material part of the consideration upon and that this guarantee is executed as an The undersigned guarantor jointly and severally unconditionally of each monthly rental payment due and payable under the foregoing liability of guarantor hereunder, Lessor shall not be required, default; (b) repossess the equipment or (c) attempt to enforce Agreement. Lessor may from time to time accept late payments Lease Agreement without defeating or diminishing this continuing payment and not of collection. The Guarantor acknowledge that execution of this guarantee which Lessor relies in consummating this Lease Agreement inducement to the Lessor to consummate the Lease Agreement 1. Sign awl e Date Print Name TERMS AND CONDITIONS hereby agrees to lease from Lessor, the set forth herein (such property therein or affixed thereto being terms continued on reverse side) 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee personal property described above upon the terms and conditions together with all replacements, repairs and additions incorporated referred to herein as "Equipment"). (Additional THIS LEASE CANNOT BE CANCELED ( Additional terms continued on the reverse side ) Page 123 of 167 BARCODE 2. TERM. The term of this Lease with respect to each item of Equipment shall begin on the date it is accepted by Lessee and shall continue for the number of consecutive months shown above from the rent commencement date unless earlier terminated as provided herein. 3. RENT. Rent shall be payable in installments, each in the amount of the basic rental payment set forth on reverse plus any applicable sale tax or use tax. Lessee shall pay installments in advance on the date this Lease is executed by Lessee as Indicated above. Subsequent installments shall be payable on the first day of each rental payment period shown above beginning after the first rental payment period; provided, however, that Lessor and Lessee may agree to any other payment schedule including irregular payments or balloon payments, in which event they shall be set forth in writing in or as part of this Lease. 4. SECURITY DEPOSIT. Lessor may apply any security deposit toward any obligation of Lessee hereunder and shall retum any unapplied balance to Lessee, without interest, upon satisfaction of Lessee's obligations. The Lessor may commingle the security deposit with its other funds. In the event that the Lessor applies the security deposit to satisfy an obligation of Lessee, the Lessee shall immediately replace any portion of the security deposit so applied by Lessor. At expiration of the Lessee, Security Deposit can be applied to the purchase of the equipment. 5. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make the rental and other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recourse to Lessor, and warranty received by Lessor, SUPPLIER IS NOT AN AGENT OF LESSOR, AND LESSEE SHALL HAVE NO RIGHT TO RELY ON STATEMENTS OR REPRESENTATIONS MADE BY SUPPLIER. Lessor assumes no responsibility for the installation, adjusting or servicing of the Equipment. 6. TITLE. Title to the Equipment shall at all times remain in Lessor, and Lessee at its own expense shall protect and defend the title of Lessor and keep it free of all claims and liens other than the rights of Lessee hereunder and claims and liens created by or arising through Lessor. The Equipment shall remain personal property regardless of its attachment to realty, and the Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 7. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taxes on or measured by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file all tax returns relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 8. INDEMNITY. Lessee hereby Indemnifies and agrees to save Lessor harmless from any and all liability and expense arising out of the ordering, ownership, use, condition, or operation of each item of Equipment during the term of this Lease, including liability for death or injury to persons, damage to property, strict liability under the laws or judicial decisions of any state or the United States, and legal expenses in defending any claim brought to enforce any such liability or expense, but excluding any liability for which Lessee is not responsible under paragraph 7. 9. ASSIGNMENT. Without Lessor's prior written consent Lessee will not sell, assign, sublet, pledge, or otherwise encumber or permit a lien arising through to exist on or against any interest in this Lease Agreement or the Equipment or remove the Equipment from its location referred to above. Lessor may assign its interest in this Lease Agreement and sell or grant a security interest in all or any part of the Equipment without Lessee's consent. Lessee agrees not to assert against any assignee of Lessor any claim or defense Lessee may have against Lessor. 10. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business hours. 11. REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the Equipment in good repair, condition and working order, and will furnish all parts and services required therefore, all at its expense. All such parts when furnished shall immediately become the property of Lessor and part of the Equipment for all purposes hereof. 12. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lessee shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount of all unpaid rent with respect to such item for the balance of the term of this Lease Agreement not yet due at the time of such payment discounted from the respective dates installment payments would be due at the rate of 18% per annum plus (c) twice the amount of any investment tax credit recaptured by Lessor on account of early disposition of such item plus (d) 10% of the original cost of such item, which represents compensation for loss of Lessor's anticipated residual value. Upon payment of such amount to Lessor such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and Interest therein, the rent with respect to such item shall terminate, and the basic rental payment on the remaining items shall be reduced accordingly. Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this paragraph and Lessor shall be entitled to any surplus. Lessee grants to Lessor power of attorney for any Insurance proceeds received. 13. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance insuring against liability for bodily injury and property damage with a minimum limit of $500,000 combined single limit and (b) physical damage Insurance Insuring against loss or damage to the Equipment in an amount not less than the full replacement value of the Equipment. Lessee shall fumish Lessor with a certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least minimum amounts required herein, naming Lessor as an additional insured there under for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 30 days prior written notice of any alteration in the terms of such policy to the cancellation thereof, and a clause specifying that no action or misrepresentation by Lessee shall Invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not comply with the requirements hereof. 14. RETURN OF THE EQUIPMENT. Upon the expiration or early termination after full obligations of monies have been made the Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 15. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may request in order to more effectively cany out the intent and purpose of this Lease Agreement, including the execution and delivery of appropriate financing statements to fully protect Lessor's interest hereunder in accordance with the Uniform Commercial Code or other applicable law. Lessee further agrees to pay Lessor the expense of filing such documents and originating this Lease. Lessee grants to Lessor power of attorney for UCC forms. 16. COLLECTION CHARGES. If any installment of basic rent is not paid when due, Lessor may Impose a late charge of up to 15% of the amount of the installment or $15.00, whichever is greater, plus interest to Lessor upon each delayed payment calculated at the rate of 13/4% per month, or any part thereof. Payments thereafter received shall be applied first to delinquent installments and then to current installments. Lessee agrees to pay Lessor a collection call charge of $15.00 to compensate Lessor for time and expense of making such call. If for any reason a Lessee's check is retumed to the Lessor for non-payment, a $15.00 bad check charge will be imposed. 17. DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder: (a) Lessee shall fail to pay when due any installment of basic rent; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder and the continuance thereof for 113 calendar days following written notice thereof by Lessor to Lessee; (c) Lessee or any guarantor of this Lease Agreement or any partner of Lessee if Lessee is a partnership shall cease doing business as a going concem or make an assignment for the benefit of creditors; (d) Lessee or any guarantor of this Lease Agreement or any partner of Lessee If Lessee is a partnership shall voluntarily file, or have filed against it Involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the Federal Bankruptcy Code or any other present or future Federal or State Bankruptcy or Insolvency Law, or a trustee, receiver, or liquidator shall be appointed of it or of all or a substantial part of its assets; (e) any individual Lessee, guarantor of this Lease Agreement, or partner of Lessee if Lessee is a partnership shall die; (f) breach of any representation or warranty made by the Lessee or any guarantor of this Lease; (g) levy, seizure of attachment of the equipment; (h) an event of default shall occur under any other obligation Lessee owes to Lessor. 18. REMEDIES. Lessor and Lessee agree that Lessor's damages suffered by reason of an Event of Default are uncertain and not capable of exact measurement at the time this Lease Agreement is executed because the value of the Equipment at the expiration of this Lease Agreement is uncertain, and thereof they agree that for purpose of this paragraph 18 'Lessor's Loss" as of any date shall be the sum of the following: (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount of all unpaid rent with respect to such item for the balance of the term of this Lease Agreement not yet due at the time of such payment discounted from the respective dates installment payments would be due at the rate of 18% per annum plus (c) twice the amount of any investment tax credit recaptured by Lessor on account of early disposition of such item plus (d) 10% of the original cost of such item, which represents compensation for loss of Lessor's anticipated residual value. Upon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed below as Lessor in its sole discretion may lawfully elect provided, however, that upon the occurrence of an Event of Default specified in paragraph 17 (d), an amount equal to Lessor's Loss as of the date of such occurrence shall automatically be and become immediately due and payable without notice or demand of any kind. (a) Lessor may, by written notice to Lessee, terminate this Lease and declare an amount equal to Lessor's Loss as of the date of such notice to be immediately due and payable, and the same shall thereupon be and become immediately due and payable without further notice or demand, and all rights of Lessee to use the Equipment shall terminate but Lessee shall be and remain liable as provided in this paragraph 18. Lessee shall at its expense promptly deliver the Equipment to Lessor at a location or locations within the continental United States designated by Lessor. Lessor may also enter upon the premises where the Equipment is located and take immediate possession of and remove the same with or without instituting legal proceedings. (b) Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of this Lease Agreement or to recover, for breach of this Lease, Lessor's Loss as of the date Lessor's Loss is declared due and payable hereunder; provided, however, that upon recovery of Lessor's Loss from Lessee in any such action without having to repossess and dispose of the Equipment, Lessor shall transfer the Equipment to Lessee at its then location upon payment of any additional amount due under clauses (d), (e),and (f) below Agenda nt Lessor repossesses the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee's obligation hereunder or sell or lease each item of Equipment and upon such terms as Lessor may in its sole discretion determine. The proceeds of such sale or lease shall be applied to reimburse Lessor for Lessor's Loss and any additional amount due under clauses (d), (e), and (f) below. Lessor shall be entitled to any surplus and Lessee shall remain liable for any deficiency. For purposes of this subparagraph, the proceeds of any lease of all or any part of the Equipment by Lessor shall be the amount reasonably assigned by Lessor as the cost of such Equipment is determining the rent under such lease. (d) Lessor may recover twice the amount of any investment tax credit taken with respect to the Equipment recaptured by Lessor on account of early disposition of the Equipment. (e) Lessor may recover interest on the unpaid balance of Lessor's Loss from the date it becomes payable until fully paid at the rate of 18% per annum. (f) Lessor may exercise any other right or remedy available to it by law or by agreement, and may in any event recover legal fees and other expenses incurred by reason of an Event of Default or the exercise of any remedy hereunder, including expenses of repossession, repair, storage, transportation, and disposition of the Equipment. No remedy given in this paragraph is intended to be exclusive, and each shall be cumulative but only to the extent necessary to permit Lessor to recover amounts for which Lessee is liable hereunder. No express or implied waiver by Lessor of any Event of Default shall constitute a waiver of any other Event of Default. 19. NOTICES. Any written notice hereunder to Lessee shall be deemed to have been given when delivered personally or deposited in the United States mail, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 20. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net Lease and Lessee's obligation to pay the rent and amounts payable by Lessee under paragraphs 12 and 18 is unconditional and not subject to any abatement, reduction, setoff, or defense of any kind. 21. NON -CANCELLABLE LEASE. THIS LEASE CANNOT BE CANCELLED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN. 22. SURVIVAL OF INDEMNITIES. Lessee's obligations under paragraphs 7 and 8 shall survive termination of this Lease Agreement. 23. MISCELLANEOUS. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Lease and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. The terms and conditions of this Lease supercede the terms and conditions of any related purchase order. 24. CONSENT TO UTAH LAW, .JURISDICTION AND VENUE IN THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY, UTAH. This lease shall be deemed fully executed and performed in the state of UTAH and shall be governed by and construed in accordance with the law thereof. Any action, proceeding, or appeal on any matter related to or arising out of this Lease, the Lessor, Lessee and guarantors shall be subject to the personal jurisdiction of the state of UTAH, including any state or federal court sitting therein, and in all court rules thereof and shall accept venue in any federal or state court in UTAH. 25. RENEWAL. Unless LESSEE, sixty days prior to the expiration of this lease notifies LESSOR in writing of its intentions to terminate this lease at its expiration date, then this Lease will automatically renew at the same payment amount for consecutive 30-day periods from its expiration date without the necessity of execution of any further instrument or document. Page 124 of 167 yor xq STATE OF UTAH "BEST VALUEtt COOPERATIVE CONTRACT CONTRACT NUMBER: MA432 Revision number: 1 Effective Date: 10/9/2015 Purchasing Agent: Fay Tan Phone #: (801) 538-3524 Email: ftan@utah.gov Items: Computer Equipment and Related Services (Desktops, Laptops, and Tablets) Vendor: 11552G Hewlett Packard Company 14231 Tandem Blvd. Austin, TX 78728 Remittance: 13207 Collection Center Dr. Chicago, IL 60693-3207 Internet Homepage: www.hp.com/buy/naspovp-pc4 General Contact: Debra Lee Telephone: (847) 537-0344 Fax number: (847) 572-1336 Email: debra.lee@hp.com Usage Report Contact: Same Reporting Type: Brand/trade name: Summary HP, HPI Price: Please see attached documents. Terms: NET 30 Effective dates: 10/9/2015 — 3/31/2017 Potential renewal options remaining: Three (3) 1-year renewal options (through 3/31/2020) Days required for delivery: N/A Price guarantee period: Minimum discounts are guaranteed for full contract term. Freight: F.O.B. destination Minimum order: N/A Min shipment without charges: N/A Other conditions: Please see contract. Revision 1: Updated to accommodate the HP Separation. This contract is now MA432 and covers only desktop computers, laptop computers, and tablets. PA2211 with HP Enterprise covers servers and storage hardware. No changes to terms and conditions. Master Agreement #: MNWNC-115 and MNNVP-133 Administrative Fee: The administrative fee for this contract is one percent (1%) and is already included in the contract price. This is a multiple award contract. The vendors listed below have each been awarded a master agreement by the State of Minnesota as a result of the above -named solicitation and are therefore eligible to enter into a contract with the State of Utah. Vendors with which the State of Utah has contracted are identified below. If you wish to place an order with a Agenda Page 125 of 167 STATE OF UTAH "BEST VALUE" COOPERATIVE CONTRACT CONTRACT NUMBER: MA432 Effective Date: 10/9/2015 vendor that does not yet have a computer equipment and services contract with the State of Utah, please e-mail the Purchasing Agent listed above to request that a contract be initiated. Please review the other State of Utah contracts for optimal pricing, delivery, and service before making your purchasing decision. Computer Equipment Vendor Table VENDOR PRODUCTS OFFERED STATE OF UTAH CONTRACT NUMBER Ace Tech Partners Desktops, Servers, Storage --- Apple Desktops, Laptops, Tablets PA2212 ByteSpeed Desktops, Laptops, Tablets, Servers, Storage --- Ciara Desktops, Laptops, Tablets, Servers --- Cisco Servers --- Cray Servers --- CTL Desktops, Laptops, Tablets, Servers, Storage PA2215 Dell Desktops, Laptops, Tablets, Servers, Storage PA2213 EMC Storage MA965 Firefly Servers --- Fujitsu Desktops, Laptops, Tablets, Servers, Storage --- Grace Global Desktops, Laptops, Servers, Storage MA2046 Hitachi Servers, Storage PA2217 Howard Desktops, Laptops, Tablets, Servers, Storage --- Hewlett Packard Inc. Desktops, Laptops, Tablets MA432 Hewlett Packard Enterprise Servers, Storage PA2211 IBM Servers, Storage --- Lenovo Desktops, Laptops, Tablets, Servers, Storage PA2209 M&A Technology Desktops, Tablets, Servers, Storage --- Microsoft Laptops, Tablets PA2219 Microtech Servers, Storage --- NetApp Storage --- Nimble Storage Storage --- Oracle Servers, Storage --- Panasonic Laptops, Tablets Pure Storage Storage --- Samsung Tablets --- Tegile Storage --- Tintri Storage --- Toshiba Laptops, Tablets --- Transource Desktops, Laptops, Tablets, Servers, Storage MA2104 Violin Memory Storage --- XioTech (X-IO) Storage --- ORDERING INSTRUCTIONS This contract covers only those procurement items listed. When placing orders, make sure to identify your organization as a government entity and provide the contract number. It is the responsibility of the ordering agency to Agenda Page 126 of 167 STATE OF UTAH "BEST VALUE" COOPERATIVE CONTRACT CONTRACT NUMBER: MA432 Effective Date: 10/9/2015 ensure that the vendor is given the correct delivery and billing address. Agencies should return to the vendor any invoice which reflects incorrect pricing. Other items ordered that are not listed on the contract must be invoiced separately. All state -level executive branch agencies not listed in § 63F-1-102(6)(b) of the Utah Code are under the jurisdiction of the Department of Technology Services (DTS). These agencies must place orders for items listed in this contract through DTS and may not order directly from the vendor or resellers. If you are ordering on behalf of such an agency, please use ServiceNow or contact DTS Procurement at (801) 538-1008 or dtsprocurement@utah.gov to place your order. Orders may be placed either with HP or with a Fulfillment Subcontractor. Orders placed with HP should be sent to: Hewlett Packard Attn: Public Sector Sales 14231 Tandem Blvd. Austin, TX 78728 Fax: (800) 825-2329 P sorderprocessing(&,,hp. com Payment for orders placed with HP should be issued to HP, and pre- and post -sales support will be provided by HP Reseller Agents. Orders may also be placed with Fulfillment Subcontractors. Payment for orders placed with a Fulfillment Subcontractor should be issued to Fulfillment Subcontractor, and pre- and post -sales support will be provided by the Fulfillment Subcontractor as well. All orders must include the Contract Number and the Master Agreement Number. This contract information sheet and attached scope summary are for general informational purposes only and are subject to change. Users should read the entire contract, including associated terms and conditions, to make an informed purchasing decision. Please refer to the State Purchasing website, www.purchasing.utah.gov, for updated information. Please contact the Purchasing Agent listed above if you have questions or concerns. SCOPE OF CONTRACT Desktop computers, laptop computers, and tablets are available for purchase under this contract. Pricing listed on the webpage for this vendor is the maximum price per single item. If you are in need of multiple units, you can often achieve better pricing by sending a quote request to the vendor's contact listed above; the greater the quantity and the more standardized your configurations are, the lower the price quoted may be. Soliciting competing quotes from multiple vendors may also lead to more aggressive pricing discounts. LIMITATIONS 1. Software a. Software is restricted to operating systems and commercial off -the shelf (COTS) software and is subject to equipment configuration limits. Agenda Page 127 of 167 of,r677.4 STATE OF UTAH "BEST VALUE" COOPERATIVE CONTRACT CONTRACT NUMBER: MA432 Effective Date: 10/9/2015 b. Software is an option which must be related to the procurement of equipment. c. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 2. Services a. Services must be related to the procurement of equipment. b. Wireless phone and internet service are not covered by this contract. c. Cloud services including acquisitions structured as managed on -site services are not covered by this contract. d. Managed print services are not covered by this contract. 3. Third -party Products a. Contractor can only offer third -party products in the product categories they have been awarded. b. Contractor cannot offer products manufactured by another contractor listed in the above Computer Equipment Vendor Table unless approved by the State of Minnesota. 4. Additional Products/Services a. Hardware and software required to solely support wide area network (WAN) operation and management are not covered by this contract. b. Cellular phone equipment is not covered by this contract. Individual units/configurations may not exceed the following purchase prices: ITEM CONFIGURATION LIMIT (per unit) Desktops $10,000 Laptops $10,000 Tablets $5,000 Servers $500,000 Storage $500,000 Peripherals $5,000 WARRANTY The manufacturer's standard warranty will apply to both Contractor's products and any third -party products offered under this contract. At minimum, the Contractor has agreed to warrant software for ninety (90) days. Agenda Page 128 of 167 STATE OF UTAH "BEST VALUE" COOPERATIVE CONTRACT CONTRACT NUMBER: MA432 Effective Date: 10/9/2015 FINET COMMODITY CODE(S): 20413000000 Cables: Printer, Disk, Network, Etc. 20416000000 Chips: Accelerator, Graphics, Math Co -processor, Memory (Ram and Rom), Network, Etc. 20419000000 Communication Boards: Fax, Modem (Internal), Etc. 20424000000 Controllers, Programmable: Industrial Control Devices, Robots, Etc. 20428000000 Data Entry and Remote Job Entry Devices, Voice Activated: Voice Recognition, Voice Digitization, Speech Synthesizers, Etc. 20433000000 Drives, Compact Disk (Cd Rom, Etc.) 20434000000 Drives, Floppy Disk 20435000000 Drives, Hard/fixed Disk 20437000000 Drives, Tape 20442000000 Expansion/accelerator Boards: Memory, Processor, Etc. 20453000000 Microcomputers, Desktop or Towerbased 20454000000 Microcomputers, Handheld, Laptop, and Notebook 20455000000 Microcomputers, Multi -processor 20458000000 Modems, External, Data Communications 20460000000 Monitors, Color and Monochrome (Cga, Vga, Svga, Etc.) 20464000000 Network Components: Adapter Cards, Bridges, Connectors, Expansion Modules/ports, Hubs, Line Drivers, Msaus, Routers, Transceivers,etc 20468000000 Peripherals, Miscellaneous: Joy Sticks, Graphic Digitizers, Light Pens, Mice, Pen Pads, Trackballs, Etc. 20475000000 Printers, Dot Matrix 20476000000 Printers, InkJet 20477000000 Printers, Laser 20478000000 Printers, Pen Plotter 20480000000 Printers, Thermal 20484000000 Retrieval Systems, Computer Assisted: Indexing, Retrieval (Cd Rom Jukebox, Etc.)And Access Systems 93921000000 Computers, Data Processing Equipment and Accessories (not WORD Processing Equipment) Maintenance/Repair 00000000000 Generic Commodity Code REVISION HISTORY: Revision 1: Updated to accommodate the HP Separation. This contract is now MA432 and covers only desktop computers, laptop computers, and tablets. PA2211 with HP Enterprise covers servers and storage hardware. No changes to terms and conditions. Agenda Page 129 of 167 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 22, 2016 I / / / Agenda Item #: 7-8 To: Members of the Moab City Council From: Jeff Reinhart, AICP, Planning Director Date: December 22, 2016 Re: Discussion to Schedule a Public Hearing for a Conditional Use Permit for Dwellings on the Ground Floor in the C-4 for Property Located at 1600 Mill creek Drive PL-18-154 1 Moab Municipal Code Chapter 17.09.531 G. 1, requires a public hearing before the city council prior to council acting on the permit. Staff is recommending that the hearing be held on December 13, 2016 for this housing project. The attached planning commission information describes the project and a full discussion will be held at the December 13 meeting. Agenda Page 130 of 167 Agenda Summary Moab Planning Commission November 10, 2016 PL-16-148 Agenda item #: 3 [Title: Review and Adoption of Resolution #17-2016 Recommending to Council the Approval of a Conditional Use Permit for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Mike Hogan, Hogan and Associates Construction Background/Summary: On September 24, 2015, the Planning Commission conditionally approved the site plan and the parking exception for this housing project located on a 6.56-acre parcel. Resolution #09-2015 established three conditions for the approval of the site plan. Those include: 1. A traffic study shall be submitted and approved prior to issuance of a building permit; 2. A conditional use permit shall be approved by the City Council; 3. The proposed parking exception shall be modified to require one parking space for each studio and single bedroom unit and 1.5 spaces (54 additional spaces) for all other units. The attached site plan is an updated version for the parking condition that the additional 54 spaces were to be included on the site. Staff has reviewed the parking counts and determined that the requirement for the additional number of parking spaces has been satisfied. The final step for this project is the Conditional Use Permit (CUP). Dwellings and apartment houses require conditional use approval as noted in MMC Chapter 17.27.020, Use regulations, (27). Recommendation of approval of the CUP to City Council was made contingent upon the Planning Commission receiving the amended site plan that has been provided by the applicant. The review standards are described in Chapter 17.09.530, Conditional uses. Resolution #17-2016 contains draft findings for the Commission to consider in recommending the application to the City Council. Process Moab Municipal Code (MMC) Section 17.27.020 (27) states "Dwellings and apartment houses require conditional use approval as described in Chapter 17.09.530, Conditional uses. Section 17.09.530 is attached for your convenience. Staff Recommendation: Staff recommends that the Commission adopt Planning Resolution #17-2016 and recommend to Council approval of the conditional use permit. Agenda Page 131 of 167 Recommended Motion: I move to adopt Planning Resolution #17-2016 recommending approval of the conditional use permit by Council. Attachment(s): Planning and Zoning Resolution #17-2016 Applicant's Conditional Use Justification Aerial Agenda Page 132 of 167 z II a) 0 LL 0 7r 0 0 N- 0 1 1 N- 0) N— U) D 06 >a) - L_ 0 a) 2 0 2 1 inch = 200 feet Page 133 of 167 /NOGAN {omPI11CTIGifA11l AWIL.6e4EFi1 LI Nra,CIrut MD 11101h 12Sp +uesI Ceotcavi11c, CNab 64D14 901.951-700D ill REZ BoAwes. Fts, so 100 s Moab, UT 8d511 This project narrative is for the Millcreek Employee and Affordable Housing development. This narrative is a follow up to the approved plan from the Planning Commission Meeting on September 24th, 2015 to address the request to increase parking spaces and the Conditional Use Permit. Integration of requested increase of parking spaces: The revised site plan complies with the request of additional parking spaces utilizing the calculation set at the September 24th' 2015 commission meeting of 1.0 space per studio/one bedroom unit and calculation of 1.5 spaces for all other units. The original site plan had to be slightly modified to account for the added asphalt needed for the additional parking spaces. With this modified site plan, Millcreek Development saw an opportunity to maintain open space, improve unit mix, and add the required parking spaces. This was achieved by removing two buildings and adding a garden level to remaining 10 buildings. This also created an opportunity to generate a better unit mix into the overall development. Prior plan accounted for only 1 and 2 bedrooms. The modified plan, addresses the need for larger family housing by adding 3 bedroom units — see chart below for full unit mix and parking space calculations. Total Unit : 196 Total Parking : 252 Studio/1-BDRM : 84 Parking : 84 2-BDRM :100 Parking :150 3-DBRM :12 Parking :18 Phase One: # of Total Type of Parking Required 116 Unit # of Units Required Parking 35% Studio 20 1 20 20% 1-BDRM 28 1 28 40% 2-BDRM 60 1.5 90 5% 3-BDRM 8 1.5 12 100% Total 116 150 Phase Two: # of Total Type of Parking Required 80 Unit # of Units Required Parking 35% Studio 16 1 16 20% 1-BDRM 20 1 20 40% 2-BDRM 40 1.5 60 5% 3-BDRM 4 1.5 6 100% Total 80 102 Agenda Page 134 of 167 Comments to Conditional Permit Use: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. The development conforms under current zoning and it improves the current collection of historical dumping of dirt that has occurred. The buildings are spread across the entire parcel to maximize open space and create landscaping barriers to minimize the impact to neighboring properties. Currently, the surrounding properties are made up of commercial retail, single family, and undeveloped properties. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The buildings are spread across the entire parcel to maximize open space and to create enough space for landscaping and fencing barriers to minimize the impact to neighboring properties. The development will incorporate a walking/biking path through the open space areas. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The development will fulfill the much needed housing demand within the community. The housing will be used as employee housing for the missing middle as well as meeting the demand for lower income families. The development will set aside deed restricted units and/or build units through the LIHTC affordable housing program. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. All listed public services are available and existing uses will not be reduced. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. All facilities and landscaping maintenance will be scheduled to ensure the safety of the residents and contribute to the beautification of the developed property. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. The development of the housing will meet all applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. The development is consistent with the general plan as it helps to fulfil the shortage of available housing. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. The details of the plans outline the mitigation of impacts. Agenda Page 135 of 167 City of Moab Planning Department Interoffice Correspondence City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 PL-16-149 TECHNICAL REVIEW Conditional Approval of a Conditional Use Permit for Housing Located in the C-4 Zone For Presentation: Date Prepared: Prepared By: November 10, 2016, Meeting of the Moab Planning Commission November 3, 2016 Jeff Reinhart, AICP Planning Director Name of the Owner(s) of Record: Hogan and Associates 940 North 1250 West Centerville, UT 84014 Business Resolutions 50 West 100 South Moab, Utah 84532 Name of Representative(s): Mike Hogan Shik Han Mike Bynum Project Address: 1780 East Mill Creek Drive Moab, Utah 84532 Project Summary The proposal consists of the construction of six buildings that will provide apartment -style multi- family housing for local employees. The project includes landscaped open space, a play area, and storm water detention on the 6.56-acre parcel. A trail system and adequate parking are also provided. The proposal was given approval by the Planning Commission on September 24, 2015 with the conditions: 1.A traffic study shall be submitted and approved prior to issuance of a building permit; 2.A conditional use permit shall be approved by the City Council; 3.A new site plan showing the adjusted parking of 1 space for each single bedroom and studio unit and 1.5 spaces (54 additional spaces) for all other units shall be submitted for review by the Planning Commission Review of Criteria MMC 17.09.530, Conditional use permits, lists the following criteria Agenda Page 136 of 167 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. The use is compatible with many of the surrounding uses. The structures are larger in scale than the single family homes but these new buildings are located on a relatively large parcel of land and have been located in such a way to minimize impacts to the neighboring properties and focus impacts toward the interior of the property. Ample open space is provided between the structures for an open development. The surrounding uses include an RV/campground to the west across East Mill Creek Drive, a nursery retail business and three single family residences to the north, undeveloped property to the south, and to the east is a single-family residence and more undeveloped property. Landscaping, trails, and other walkways will be provided that is similar to the submitted plan. All lighting shall comply with MMC 17.09.660 H and be downward directed, fully shielded, full cut-off fixtures. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses; including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The buildings are sited on the property so many of the impacts are directed toward the interior of the property. Fences and/or landscaped buffering will be constructed to provide separation from adjacent residential uses. Improvements to Mill Creek Drive will also be required but future UDOT improvements to HWY 191 create a possible conflict and there is some uncertainty as to the scope of the improvements. 3. The proposed use is not detrimental to the public, health, safety and welfare; through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The proposed housing is intended to fill a niche that is not currently addressed in the city. The proposed units will be used for employee housing, and will be connected to the culinary water and sanitary sewer services that are currently available. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be are available without reduction of services to other uses. The listed services are available and will not be reduced to other existing uses. 5. Proper maintenance of the site building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. Maintenance of the above elements will be a practical matter for management of the property. The safety of residents and visitors is crucial for continued operation of the development. The visual aspect is also important and a matter of pride for the developer/owner as well as the tenants. 6. The conditional use shall conform to all regulations of this code; concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. Agenda Page 137 of 167 The housing will function as any other multi -family development within the City of Moab and all applicable regulations will be met. 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. City Council adopted Resolution #15-2009 on October 13, 2009, to amend the City of Moab General Plan with the Affordable Housing 5-Year Goals and Action Plan that were adopted as part of the Grand County and City of Moab Housing Study and Affordable Housing Plan. The stated goal in the current plan is "To provide or make available affordable housing for all Moab residents. This private project will meet a portion of the main goal and satisfy other goals to: 1. "...achieve and protect secure, affordable, decent, housing opportunities...; 2.... achieve adequate owned and rental housing opportunities to allow the community to recruit and retain a workforce with skills and credentials needed in the community...; 3....achieve creation and retention of housing stock to very low, low, moderate, and moderate to 120 percent of Area Median Income (AMI) households. ; 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. These issues are addressed in the submitted plans that have been reviewed by staff. 9. The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for approval of specific conditional uses, and satisfy the minimum wall dimensions, foundation requirements, setbacks, architectural standards, and buffering requirements. Agenda Page 138 of 167 CITY OF MOAB PLANNING RESOLUTION #17-2016 (Previously #09-2015) A RESOLUTION RECOMMENDING TO CITY COUNCIL THE APPROVAL OF A CONDITIONAL USE PERMIT FOR A MULTI -FAMILY DEVELOPMENT IN THE C-4 (GENERAL COMMERCIAL ZONE) ON PROPERTY LOCATED AT 1780 EAST MILL CREEK DRIVE WHEREAS, Mr. Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W, Centerville, Utah 84014, as the "Owner" of record of a 6.56 acre parcel of land located in the C-4 (General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, has applied for the approval of a Site Plan to construct multi -family rental dwellings on the described property; and WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City approval of apartments and dwellings in accordance with MMC 17.09.530, Conditional use permits; and WHEREAS, Owner is proposing to construct work force housing rental units and the associated parking and open space on the property described above; and WHEREAS, Owner is proposing to construct sufficient parking to include one (1) space per single bedroom and studio units and one and one half (1.5) spaces for all additional units, for a total of 234 parking spaces to be used by the residents of the development as allowed under an approved parking exception as permitted in MMC 17.09.220 Q; and WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the site plan as required by MMC Sections 17.09.530; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the site plan in a regularly scheduled meeting on September 24, 2015, to hear evidence of compliance with the requirements of the pertinent code provisions; and WHEREAS, at said meeting, the Commission tabled the action of adoption of Resolution #09-2015 until a revised site plan was submitted that showed the amended parking plan with "54 additional spaces"; and WHEREAS, on November 10, 2016, in a regularly scheduled meeting, the Commission reviewed the plan and Resolution #17-2016 to recommend the conditional use permit to the City Council; and WHEREAS, the Commission, having discussed the pertinent aspects of the development and considered Staff recommendations, found that the proposed use satisfies the requirements established in MMC Chapter 17.09.530, Conditional use permits, and has met the requirements of Title 17.09.531, Conditions for approval of specific conditional uses, as follows: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. 2. The proposed use has incorporated design features sufficient to protect adjacent use 3. The proposed use is not detrimental to the public, health, safety and welfare; 4. Adequate public services are available without reduction of services to other uses. 5. Proper maintenance of the site shall be provided. 6. The conditional use shall conform to all regulations of this code; 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. 8. The applicant has demonstrated that site impacts within the property as well as adjoining properties have been reasonably mitigated appropriate to the topography of the site. Agenda Page 139 of 167 9. The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for approval of specific conditional uses. NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of Resolution #17-2016 favorably recommends to the Moab City Council conditional approval of the apartments to be located at approximately 1780 East Mill Creek Drive in the C-4 Zone. Jeanette Kopell Chair Date Agenda Page 140 of 167 HSa HSb NN ELLS L lea4S paM=a49 :Aq pau6pa0 :As wawa :,agwnN yoafo,d :SUOph91:1 91.0001. 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PLATE 29' - 7 3/ 4" ___dSo_11-11RD LEVEL 20'-61/2" SEC O ND LEVEL 10'-31/4" / EL02 EL03 MAIN LEVEL 0" 1 / 4" =1'- 0" I BUILDING ELEVATI O N I I I i i I ( 9 ) I I I i i • 12" 3.1 1/ 1/4"= 1'-0" SECOND LEVEL 10' - 3 1/4" ELEVATION KEYNOTES Key Value Keynote Text EL01 30 YEAR ARCHITECTURAL SHINGLES OVER 15 LB. FELT ON PLYWOOD SHEATHING PER STRUCT. EL02 CONCRETE FOUNDATION WALL, SEE STRUCT. EL03 FINISH GRADE EL04 TURTLE VENT (OR EQUAL) - NEEDS TO SUPPLY AT LEAST 50 SQ. INCHES OF NET FREE AREA EL05 VINYL WINDOW - SEE WINDOW SCHEDULE EL06 WOOD COLUMN, SEE STRUCTURAL EL08 GAS METER LOCATION, SEE MECHANICAL DRAWINGS FOR MORE INFORMATION EL09 FIBERCEMENT SIDING - PAINT EL10 FIBERCEMENT TRIM BOARD - PAINT EU 1 PRE -VENTILATED ALUMINUM SOFFIT EL12 42" HIGH PAINTED STEEL GUARDRAIL, NOT TO ALLOW 4" SHPERE TO PASS THROUGH, SEE DETAIL EL13 SLIDING GLASS DOOR, SEE SCHEDULE & DETAILS EL14 PROVIDE FLASHING AT ALL TRANSITIONS BETWEEN EXTERIOR MATERIALS EL15 ADDRESS NUMBERS: MIN. 4" TALL, MIN. STROKE WIDTH 0.5", VERIFY W/ FIRE MARSHALL ACTUAL ADDRESS BEFORE INSTALLATION EL17 PRE -FINISHED METAL GUTTER WITH DOWNSPOUT EL18 METAL GUTTER TO BE HARD PIPED INTO STORM DRAIN EL19 EIFS SIDING SYSTEM EL20 CONCRETE CAP EL21 42" TALL WROUGHT IRON METAL RAILING EL22 3/4" STUCCO REVEALS O 2 LL1 O co AE2013.020 BUILDING ELEVAII O N S - SMALL STUD 10 DATE: 15 NOV 2013 A3.1.1 COPYRIGHT AE URBIA, LLC. Page 144 of 167 /25/2015 4:55:02 P Studio Units sing Studio Units\AE2015.07_M AE2015.07_MILLCEEK H :\AE URBIA JOBS\2015\AE2015.007 - HOGAN CONSTRUCTION - M 1 40' - 11 1 / 2" BUILDING ELEVATI O N (c) I I 12" 4" T.O. PLANE 29' - 7 3/ 4" THIRD LEVEL 20' - 6 1/2" SECOND LEVEL 10' - 3 1/4" Ai MAIN LEVEL 3.1 f1/ 114" = 1'-0" /2 EA) I BUILDING ELEVATION 12" 4" 114" = 1'-0" T.O. PLATE 29' - 7 3/ 4" THIRD LEVEL 20' - 6 1/2" SECOND LEVEL 10'-31/4" MAIN LEVEL 0" ELEVATION KEYNOTES Key Value Keynote Text EL01 30 YEAR ARCHITECTURAL SHINGLES OVER 15 LB. FELT ON PLYWOOD SHEATHING PER STRUCT. EL02 CONCRETE FOUNDATION WALL, SEE STRUCT. EL03 FINISH GRADE EL04 TURTLE VENT (OR EQUAL) - NEEDS TO SUPPLY AT LEAST 50 SQ. INCHES OF NET FREE AREA EL05 VINYL WINDOW - SEE WINDOW SCHEDULE EL06 WOOD COLUMN, SEE STRUCTURAL EL08 GAS METER LOCATION, SEE MECHANICAL DRAWINGS FOR MORE INFORMATION EL09 FIBERCEMENT SIDING - PAINT EL10 FIBERCEMENT TRIM BOARD - PAINT EU 1 PRE -VENTILATED ALUMINUM SOFFIT EL12 42" HIGH PAINTED STEEL GUARDRAIL, NOT TO ALLOW 4" SHPERE TO PASS THROUGH, SEE DETAIL EL13 SLIDING GLASS DOOR, SEE SCHEDULE & DETAILS EL14 PROVIDE FLASHING AT ALL TRANSITIONS BETWEEN EXTERIOR MATERIALS EL15 ADDRESS NUMBERS: MIN. 4" TALL, MIN. STROKE WIDTH 0.5", VERIFY W/ FIRE MARSHALL ACTUAL ADDRESS BEFORE INSTALLATION EL17 PRE -FINISHED METAL GUTTER WITH DOWNSPOUT EL18 METAL GUTTER TO BE HARD PIPED INTO STORM DRAIN EL19 EIFS SIDING SYSTEM EL20 CONCRETE CAP EL21 42" TALL WROUGHT IRON METAL RAILING EL22 3/4" STUCCO REVEALS LA v +./ c� oI- a a s 0 Reti 0o SO g 0 a 2 LL1 O co 0 AE2013.020 BUILDING ELEVA110 N S - SMALL STUD 10 DATE: 15 NOV 2013 A3.1.2 COPYRIGHT AE URB IA, LLC. Page 145 of 167 17.09.530 Conditional use permits. A. General. "Conditional use" means a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested. F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection (H) of this section. 1. Public Hearing Required. The planning commission shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. The notification requirements shall be followed as listed in subsection (G) of this section. 2. The criteria listed in subsection (H) of this section shall be used to evaluate the proposal. 3. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The city council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The city recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. In accordance with state law, the applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. Agenda Page 146 of 167 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab planning department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030. 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date Agenda Page 147 of 167 and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 2016-02 (part), 2016; Ord. 12-09 (part), 2012; Ord. 12- 05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject to the following requirements: A. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four feet. B. All principal residential structures shall: 1. Be placed on a slab -on -grade or perimeter foundation as approved by the building department; 2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; 3. Have a minimum 4:12 roof pitch and a one foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); 4. Allowed accessory structures shall not exceed twenty-five percent of the rear yard; 5. Buffering is required in accordance with other provisions of this chapter; 6. Minimum Setbacks for Residential Structures in the C-4 Zone. Minimum Setbacks for Residential Structures in the C-4 Zone Front yard 30 feet Side yard 15 feet Rear yard 20 feet Agenda Page 148 of 167 Agenda Summary Moab Planning Commission November 10, 2016 PL-16-148 Agenda item #: 3 [Title: Review and Adoption of Resolution #17-2016 Recommending to Council the Approval of a Conditional Use Permit for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Mike Hogan, Hogan and Associates Construction Background/Summary: On September 24, 2015, the Planning Commission conditionally approved the site plan and the parking exception for this housing project located on a 6.56-acre parcel. Resolution #09-2015 established three conditions for the approval of the site plan. Those include: 1. A traffic study shall be submitted and approved prior to issuance of a building permit; 2. A conditional use permit shall be approved by the City Council; 3. The proposed parking exception shall be modified to require one parking space for each studio and single bedroom unit and 1.5 spaces (54 additional spaces) for all other units. The attached site plan is an updated version for the parking condition that the additional 54 spaces were to be included on the site. Staff has reviewed the parking counts and determined that the requirement for the additional number of parking spaces has been satisfied. The final step for this project is the Conditional Use Permit (CUP). Dwellings and apartment houses require conditional use approval as noted in MMC Chapter 17.27.020, Use regulations, (27). Recommendation of approval of the CUP to City Council was made contingent upon the Planning Commission receiving the amended site plan that has been provided by the applicant. The review standards are described in Chapter 17.09.530, Conditional uses. Resolution #17-2016 contains draft findings for the Commission to consider in recommending the application to the City Council. Process Moab Municipal Code (MMC) Section 17.27.020 (27) states "Dwellings and apartment houses require conditional use approval as described in Chapter 17.09.530, Conditional uses. Section 17.09.530 is attached for your convenience. Staff Recommendation: Staff recommends that the Commission adopt Planning Resolution #17-2016 and recommend to Council approval of the conditional use permit. Agenda Page 149 of 167 Recommended Motion: I move to adopt Planning Resolution #17-2016 recommending approval of the conditional use permit by Council. Attachment(s): Planning and Zoning Resolution #17-2016 Applicant's Conditional Use Justification Aerial Agenda Page 150 of 167 z II a) 0 LL 0 7r 0 0 N- 0 1 1 N- 0) N— U) D 06 >a) - L_ 0 a) 2 (....) 1 inch = 200 feet Page 151 of 167 /NOGAN {omPI11CTIGifA11l AWIL.6e4EFi1 LI Nra,CIrut MD 11101h 12Sp +uesI Ceotcavi11c, CNab 64D14 901.951-700D ill REZ BoAwes. Fts, 50 100 s Moab, UT 8d511 This project narrative is for the Millcreek Employee and Affordable Housing development. This narrative is a follow up to the approved plan from the Planning Commission Meeting on September 24th, 2015 to address the request to increase parking spaces and the Conditional Use Permit. Integration of requested increase of parking spaces: The revised site plan complies with the request of additional parking spaces utilizing the calculation set at the September 24th' 2015 commission meeting of 1.0 space per studio/one bedroom unit and calculation of 1.5 spaces for all other units. The original site plan had to be slightly modified to account for the added asphalt needed for the additional parking spaces. With this modified site plan, Millcreek Development saw an opportunity to maintain open space, improve unit mix, and add the required parking spaces. This was achieved by removing two buildings and adding a garden level to remaining 10 buildings. This also created an opportunity to generate a better unit mix into the overall development. Prior plan accounted for only 1 and 2 bedrooms. The modified plan, addresses the need for larger family housing by adding 3 bedroom units — see chart below for full unit mix and parking space calculations. Total Unit : 196 Total Parking : 252 Studio/1-BDRM : 84 Parking : 84 2-BDRM :100 Parking :150 3-DBRM :12 Parking :18 Phase One: # of Total Type of Parking Required 116 Unit # of Units Required Parking 35% Studio 20 1 20 20% 1-BDRM 28 1 28 40% 2-BDRM 60 1.5 90 5% 3-BDRM 8 1.5 12 100% Total 116 150 Phase Two: # of Total Type of Parking Required 80 Unit # of Units Required Parking 35% Studio 16 1 16 20% 1-BDRM 20 1 20 40% 2-BDRM 40 1.5 60 5% 3-BDRM 4 1.5 6 100% Total 80 102 Agenda Page 152 of 167 Comments to Conditional Permit Use: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. The development conforms under current zoning and it improves the current collection of historical dumping of dirt that has occurred. The buildings are spread across the entire parcel to maximize open space and create landscaping barriers to minimize the impact to neighboring properties. Currently, the surrounding properties are made up of commercial retail, single family, and undeveloped properties. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The buildings are spread across the entire parcel to maximize open space and to create enough space for landscaping and fencing barriers to minimize the impact to neighboring properties. The development will incorporate a walking/biking path through the open space areas. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The development will fulfill the much needed housing demand within the community. The housing will be used as employee housing for the missing middle as well as meeting the demand for lower income families. The development will set aside deed restricted units and/or build units through the LIHTC affordable housing program. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. All listed public services are available and existing uses will not be reduced. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. All facilities and landscaping maintenance will be scheduled to ensure the safety of the residents and contribute to the beautification of the developed property. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. The development of the housing will meet all applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. The development is consistent with the general plan as it helps to fulfil the shortage of available housing. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. The details of the plans outline the mitigation of impacts. Agenda Page 153 of 167 City of Moab Planning Department Interoffice Correspondence City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 PL-16-149 TECHNICAL REVIEW Conditional Approval of a Conditional Use Permit for Housing Located in the C-4 Zone For Presentation: Date Prepared: Prepared By: November 10, 2016, Meeting of the Moab Planning Commission November 3, 2016 Jeff Reinhart, AICP Planning Director Name of the Owner(s) of Record: Hogan and Associates 940 North 1250 West Centerville, UT 84014 Business Resolutions 50 West 100 South Moab, Utah 84532 Name of Representative(s): Mike Hogan Shik Han Mike Bynum Project Address: 1780 East Mill Creek Drive Moab, Utah 84532 Project Summary The proposal consists of the construction of six buildings that will provide apartment -style multi- family housing for local employees. The project includes landscaped open space, a play area, and storm water detention on the 6.56-acre parcel. A trail system and adequate parking are also provided. The proposal was given approval by the Planning Commission on September 24, 2015 with the conditions: 1.A traffic study shall be submitted and approved prior to issuance of a building permit; 2.A conditional use permit shall be approved by the City Council; 3.A new site plan showing the adjusted parking of 1 space for each single bedroom and studio unit and 1.5 spaces (54 additional spaces) for all other units shall be submitted for review by the Planning Commission Review of Criteria MMC 17.09.530, Conditional use permits, lists the following criteria Agenda Page 154 of 167 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. The use is compatible with many of the surrounding uses. The structures are larger in scale than the single family homes but these new buildings are located on a relatively large parcel of land and have been located in such a way to minimize impacts to the neighboring properties and focus impacts toward the interior of the property. Ample open space is provided between the structures for an open development. The surrounding uses include an RV/campground to the west across East Mill Creek Drive, a nursery retail business and three single family residences to the north, undeveloped property to the south, and to the east is a single-family residence and more undeveloped property. Landscaping, trails, and other walkways will be provided that is similar to the submitted plan. All lighting shall comply with MMC 17.09.660 H and be downward directed, fully shielded, full cut-off fixtures. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses; including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The buildings are sited on the property so many of the impacts are directed toward the interior of the property. Fences and/or landscaped buffering will be constructed to provide separation from adjacent residential uses. Improvements to Mill Creek Drive will also be required but future UDOT improvements to HWY 191 create a possible conflict and there is some uncertainty as to the scope of the improvements. 3. The proposed use is not detrimental to the public, health, safety and welfare; through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The proposed housing is intended to fill a niche that is not currently addressed in the city. The proposed units will be used for employee housing, and will be connected to the culinary water and sanitary sewer services that are currently available. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be are available without reduction of services to other uses. The listed services are available and will not be reduced to other existing uses. 5. Proper maintenance of the site building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. Maintenance of the above elements will be a practical matter for management of the property. The safety of residents and visitors is crucial for continued operation of the development. The visual aspect is also important and a matter of pride for the developer/owner as well as the tenants. 6. The conditional use shall conform to all regulations of this code; concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. Agenda Page 155 of 167 The housing will function as any other multi -family development within the City of Moab and all applicable regulations will be met. 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. City Council adopted Resolution #15-2009 on October 13, 2009, to amend the City of Moab General Plan with the Affordable Housing 5-Year Goals and Action Plan that were adopted as part of the Grand County and City of Moab Housing Study and Affordable Housing Plan. The stated goal in the current plan is "To provide or make available affordable housing for all Moab residents. This private project will meet a portion of the main goal and satisfy other goals to: 1. "...achieve and protect secure, affordable, decent, housing opportunities...; 2.... achieve adequate owned and rental housing opportunities to allow the community to recruit and retain a workforce with skills and credentials needed in the community...; 3....achieve creation and retention of housing stock to very low, low, moderate, and moderate to 120 percent of Area Median Income (AMI) households. ; 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. These issues are addressed in the submitted plans that have been reviewed by staff. 9. The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for approval of specific conditional uses, and satisfy the minimum wall dimensions, foundation requirements, setbacks, architectural standards, and buffering requirements. Agenda Page 156 of 167 CITY OF MOAB PLANNING RESOLUTION #17-2016 (Previously #09-2015) A RESOLUTION RECOMMENDING TO CITY COUNCIL THE APPROVAL OF A CONDITIONAL USE PERMIT FOR A MULTI -FAMILY DEVELOPMENT IN THE C-4 (GENERAL COMMERCIAL ZONE) ON PROPERTY LOCATED AT 1780 EAST MILL CREEK DRIVE WHEREAS, Mr. Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W, Centerville, Utah 84014, as the "Owner" of record of a 6.56 acre parcel of land located in the C-4 (General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, has applied for the approval of a Site Plan to construct multi -family rental dwellings on the described property; and WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City approval of apartments and dwellings in accordance with MMC 17.09.530, Conditional use permits; and WHEREAS, Owner is proposing to construct work force housing rental units and the associated parking and open space on the property described above; and WHEREAS, Owner is proposing to construct sufficient parking to include one (1) space per single bedroom and studio units and one and one half (1.5) spaces for all additional units, for a total of 234 parking spaces to be used by the residents of the development as allowed under an approved parking exception as permitted in MMC 17.09.220 Q; and WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the site plan as required by MMC Sections 17.09.530; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the site plan in a regularly scheduled meeting on September 24, 2015, to hear evidence of compliance with the requirements of the pertinent code provisions; and WHEREAS, at said meeting, the Commission tabled the action of adoption of Resolution #09-2015 until a revised site plan was submitted that showed the amended parking plan with "54 additional spaces"; and WHEREAS, on November 10, 2016, in a regularly scheduled meeting, the Commission reviewed the plan and Resolution #17-2016 to recommend the conditional use permit to the City Council; and WHEREAS, the Commission, having discussed the pertinent aspects of the development and considered Staff recommendations, found that the proposed use satisfies the requirements established in MMC Chapter 17.09.530, Conditional use permits, and has met the requirements of Title 17.09.531, Conditions for approval of specific conditional uses, as follows: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. 2. The proposed use has incorporated design features sufficient to protect adjacent use 3. The proposed use is not detrimental to the public, health, safety and welfare; 4. Adequate public services are available without reduction of services to other uses. 5. Proper maintenance of the site shall be provided. 6. The conditional use shall conform to all regulations of this code; 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. 8. The applicant has demonstrated that site impacts within the property as well as adjoining properties have been reasonably mitigated appropriate to the topography of the site. Agenda Page 157 of 167 9. The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for approval of specific conditional uses. NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of Resolution #17-2016 favorably recommends to the Moab City Council conditional approval of the apartments to be located at approximately 1780 East Mill Creek Drive in the C-4 Zone. Jeanette Kopell Chair Date Agenda Page 158 of 167 Hsa HSa NN EL L9 L lea4S pa�oa40 :Aq pau6paa :As unAwa :�agwnN loafo�d :SUOISIAad 91.0001. 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PLATE 29' - 7 3/ 4" ___dSo_11-11RD LEVEL 20'-61/2" SEC O ND LEVEL 10'-31/4" / EL02 EL03 MAIN LEVEL 0" 1 / 4" =1'- 0" I BUILDING ELEVATI O N I I I i i I ( 9 ) I I I i i • 12" 3.1 1/ 1/4"= 1'-0" SECOND LEVEL 10' - 3 1/4" ELEVATION KEYNOTES Key Value Keynote Text EL01 30 YEAR ARCHITECTURAL SHINGLES OVER 15 LB. FELT ON PLYWOOD SHEATHING PER STRUCT. EL02 CONCRETE FOUNDATION WALL, SEE STRUCT. EL03 FINISH GRADE EL04 TURTLE VENT (OR EQUAL) - NEEDS TO SUPPLY AT LEAST 50 SQ. INCHES OF NET FREE AREA EL05 VINYL WINDOW - SEE WINDOW SCHEDULE EL06 WOOD COLUMN, SEE STRUCTURAL EL08 GAS METER LOCATION, SEE MECHANICAL DRAWINGS FOR MORE INFORMATION EL09 FIBERCEMENT SIDING - PAINT EL10 FIBERCEMENT TRIM BOARD - PAINT EU 1 PRE -VENTILATED ALUMINUM SOFFIT EL12 42" HIGH PAINTED STEEL GUARDRAIL, NOT TO ALLOW 4" SHPERE TO PASS THROUGH, SEE DETAIL EL13 SLIDING GLASS DOOR, SEE SCHEDULE & DETAILS EL14 PROVIDE FLASHING AT ALL TRANSITIONS BETWEEN EXTERIOR MATERIALS EL15 ADDRESS NUMBERS: MIN. 4" TALL, MIN. STROKE WIDTH 0.5", VERIFY W/ FIRE MARSHALL ACTUAL ADDRESS BEFORE INSTALLATION EL17 PRE -FINISHED METAL GUTTER WITH DOWNSPOUT EL18 METAL GUTTER TO BE HARD PIPED INTO STORM DRAIN EL19 EIFS SIDING SYSTEM EL20 CONCRETE CAP EL21 42" TALL WROUGHT IRON METAL RAILING EL22 3/4" STUCCO REVEALS O 2 LL1 O co AE2013.020 BUILDING ELEVAII O N S - SMALL STUD 10 DATE: 15 NOV 2013 A3.1.1 COPYRIGHT AE URBIA, LLC. Page 162 of 167 /25/2015 4:55:02 P Studio Units sing Studio Units\AE2015.07_M AE2015.07_MILLCEEK H :\AE URBIA JOBS\2015\AE2015.007 - HOGAN CONSTRUCTION - M 1 40' - 11 1 / 2" BUILDING ELEVATI O N (c) I I 12" 4" V �r 1 r ' _... ru,. .. �_ .... OtO. FrA 3 gr; T.O. PLANE 29' - 7 3/ 4" THIRD LEVEL 20' - 6 1/2" SECOND LEVEL 10' - 3 1/4" Ai MAIN LEVEL 3.1 f1/ 114" = 1'-0" /2 EA) I BUILDING ELEVATION 12" 4" 114" = 1'-0" T.O. PLATE 29' - 7 3/ 4" THIRD LEVEL 20' - 6 1/2" SECOND LEVEL 10'-31/4" MAIN LEVEL 0" ELEVATION KEYNOTES Key Value Keynote Text EL01 30 YEAR ARCHITECTURAL SHINGLES OVER 15 LB. FELT ON PLYWOOD SHEATHING PER STRUCT. EL02 CONCRETE FOUNDATION WALL, SEE STRUCT. EL03 FINISH GRADE EL04 TURTLE VENT (OR EQUAL) - NEEDS TO SUPPLY AT LEAST 50 SQ. INCHES OF NET FREE AREA EL05 VINYL WINDOW - SEE WINDOW SCHEDULE EL06 WOOD COLUMN, SEE STRUCTURAL EL08 GAS METER LOCATION, SEE MECHANICAL DRAWINGS FOR MORE INFORMATION EL09 FIBERCEMENT SIDING - PAINT EL10 FIBERCEMENT TRIM BOARD - PAINT EU 1 PRE -VENTILATED ALUMINUM SOFFIT EL12 42" HIGH PAINTED STEEL GUARDRAIL, NOT TO ALLOW 4" SHPERE TO PASS THROUGH, SEE DETAIL EL13 SLIDING GLASS DOOR, SEE SCHEDULE & DETAILS EL14 PROVIDE FLASHING AT ALL TRANSITIONS BETWEEN EXTERIOR MATERIALS EL15 ADDRESS NUMBERS: MIN. 4" TALL, MIN. STROKE WIDTH 0.5", VERIFY W/ FIRE MARSHALL ACTUAL ADDRESS BEFORE INSTALLATION EL17 PRE -FINISHED METAL GUTTER WITH DOWNSPOUT EL18 METAL GUTTER TO BE HARD PIPED INTO STORM DRAIN EL19 EIFS SIDING SYSTEM EL20 CONCRETE CAP EL21 42" TALL WROUGHT IRON METAL RAILING EL22 3/4" STUCCO REVEALS LA v +./ c� a a s 0 Reti 0o SO g E e� u CD CO °- 0 a 2 LL1 O co 0 AE2013.020 BUILDING ELEVA110 N S - SMALL STUD 10 DATE: 15 NOV 2013 A3.1.2 COPYRIGHT AE URB IA, LLC. Page 163 of 167 17.09.530 Conditional use permits. A. General. "Conditional use" means a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested. F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection (H) of this section. 1. Public Hearing Required. The planning commission shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. The notification requirements shall be followed as listed in subsection (G) of this section. 2. The criteria listed in subsection (H) of this section shall be used to evaluate the proposal. 3. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The city council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The city recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. In accordance with state law, the applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. Agenda Page 164 of 167 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc., shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, policies and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab planning department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030. 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date Agenda Page 165 of 167 and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 2016-02 (part), 2016; Ord. 12-09 (part), 2012; Ord. 12- 05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject to the following requirements: A. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four feet. B. All principal residential structures shall: 1. Be placed on a slab -on -grade or perimeter foundation as approved by the building department; 2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; 3. Have a minimum 4:12 roof pitch and a one foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); 4. Allowed accessory structures shall not exceed twenty-five percent of the rear yard; 5. Buffering is required in accordance with other provisions of this chapter; 6. Minimum Setbacks for Residential Structures in the C-4 Zone. Minimum Setbacks for Residential Structures in the C-4 Zone Front yard 30 feet Side yard 15 feet Rear yard 20 feet Agenda Page 166 of 167 Moab Mosquito Abatement District 1000 E. Sand Flats Road P. O. Box 142 Moab, UT 84532 Robert A. Phillips, Director! Entomologist Phone 435-259-7161 October 18, 2016 Moab City 217 E. Center St. Moab, UT 84532 Dear Council Members: This letter is to notify you that Chace Gholson's term, as the Moab City appointed member of the Moab Mosquito Abatement District Board of Trustees, expires December 31, 2016. Mosquito District Board appointments are governed by Utah Code sections 17A-1-302, 17A-1- 303, 17A-1-306, and 17A-2-906. If I can be of any assistance, please call me. Thank you. Sincerely, ga-I-7f aaz,„:„ Robert A. Phillips Agenda Page 167 of 167 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Councilmembers and Media From: Mayor David Sakrison Date: 11/21/2016 Re: Regular City Council Meeting Addendum Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Addendum for the Regular Moab City Council Meeting on Tuesday, November 22, 2016 at 6:30 PM. SECTION 7: 7-11 Approval of Resolution #31-2016 - A Resolution Adopting the Moab Wastewater Treatment Plant Final Environmental Study and Environmental Assessment The meeting will be held in the Council Chambers at t ity Center, 217 East Center Street, Moab, Utah. r Mayor David Sarkison 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. REC-MEM-16-11-003 First EPA Green Power Community in the Nation Resolution #31-2016 A Resolution Adopting the Moab Wastewater Treatment Plant — Final Environmental Study and Environmental Assessment WHEREAS, the City has determined that it is in the best interest of the community to provide Wastewater Treatment Services as a Regional Plant for Moab City and Spanish Valley; and WHEREAS, the attached Moab Wastewater Treatment Plant Final Environmental Study and Environmental Assessment was prepared by Bowen Collins & Associates in October 2016; and WHEREAS, the City Council and staff have reviewed said document as well as solicited public input at a Public Hearing before the City Council held on October 25, 2016; and WHEREAS, the City Council has deemed the document to be accurate and necessary to guide the Treatment of Wastewater in Moab City and Spanish Valley; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE MOAB WASTEWATER TREATMENT PLANT — FINAL ENVIRONMENTAL STUDY AND ENVIRONMENTAL ASSESSMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 22nd day of November, 2016. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #31-2016 Page 1 of 1