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PKT-CC-2016-12-13
oab City Council ecember 130 2016 Pre -Council Workshop **6:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 235 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, December 13, 2016 at 6:00 p.m. ..........................................•••••••••••••••••••••••••••• 6:00 — 6:30 p.m. 6:30 — 6:45 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRE COUNCIL WORKSHOP Water Conservation Plan Discussion Salary Survey Discussion CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 November 22, 2016 CITIZENS TO BE HEARD PRESENTATIONS/PROCLAMATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for December 2016 for Helen M. Knight School 3-2 Presentation by Ashley Korenblatt Regarding the Bureau of Land Management Master Leasing Plan DEPARTMENTAL UPDATES 4-1 City Manager PUBLIC HEARING (Approximately 7:15 PM) 5-1 A Public Hearing to Receive input from the public with respect to the issuance of the Wastewater Revenue Bonds and any potential economic impact to the private sector from the construction of the Project to be funded by the Bonds SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of Seekhaven's Puttin' on the Ritz Event on February 11, 2017 6-1.1 6-1.2 6-1.3 6-1.4 Approval of Special Business Event License Approval of Class IV Special Event Beer License Granting of Local Consent for a Single Event Alcohol Permit Request for a Waiver of Special Event Fees in an amount not to exceed $380.00 NEW BUSINESS 7-1 Discussion Regarding Revenue Projections Agenda Page 2 of 235 7-2 Approval of Proposed Ordinance #2016-14 — An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries For Fiscal Year 2016-2017 7-3 Approval of Proposed Resolution #33-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual 7-4 Approval of Proposed Resolution #32-2016 — A Resolution Designating Depositories For Moab City Funds 7-5 Request for Approval of a Procurement Exception as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For a Sewer Camera Van Build - out to Neverest Equipment Company in an amount not to exceed $184,459.02 7-6 Request for Approval of a Procurement Exception as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJP, for a Sewer Camera Van Chassis to Ken Garff Ford in an amount not to exceed $30,000.00 7-7 Confirmation of Mayoral Appointment of Wayne Hoskisson to the Moab City Planning Commission for a Five Year term ending on December 31, 2021 7-8 Appointment of the Mayor Pro-Tem for 2017 7-9 Appointment of the Councilmember Responsible for Reviewing the Bills of the City of Moab 7-10 Approval of the 2017 Moab City Council Regular Meeting Schedule 7-11 Approval of the 2017 Moab City Holiday Schedule 7-12 Approval of Proposed Resolution #36-2016 - A Resolution Approving a Zoning Status Agreement For the Lionsback Resort 7-13 Moab City Information Technology Update 7-14 Approval of Proposed Resolution #34-2016 — A Resolution Amending the Fee Schedules for Recreation Parks and Facilities 7-15 Approval of Proposed Resolution #35-2016 — A Resolution Adopting the Water Conservation Plan Update for 2016 for the City of Moab 7-16 Approval Proposed Resolution #38-2016 — A Resolution Approving The Development Improvements Agreement With Jpk Tr Moab li, Llc, A South Dakota Limited Liability Company, For The Sleep In Main Stay Suites On Property Located At 356 South Main Street In The C-3 Zoning District 7-17 Approval of Proposed Resolution #37-2016 — A Resolution Approving A Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and Approval of the Construction Reimbursement Agreement between the City of Moab and Club Utah Resort Group, LLC) 7-18 Request for Approval of a Grading Permit Fee Waiver for the Water Reclamation Facility Site Preparation Project in an amount not to exceed $18,000 7-19 Request for Approval of the Site Plan Application Fee Waiver for the Water Reclamation Facility Project in an amount not to exceed $5,000 7-20 Approval of Task Order #380.08.100 with Hansen, Allen, and Luce, Inc. accepting the Scope of Work for the Development Criteria Manuals project with a fee amount not to exceed $24,000 Agenda Page 3 of 235 7-21 Approval of An Interconnection and Net Metering Service Agreement with Rocky Mountain Power for a Net Metering Facility at Moab City Hall 7-22 Discussion Regarding Revised Legal Services SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: EXECUTIVE CLOSED SESSION 11-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation SECTION 12: 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 235 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING November 22, 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 Pro Tem Kyle Bailey 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, Deputy Recorder/HR Coordinator Danielle Guerrero, Treasurer Jennie Ross, Public Works Director Patrick Dean, Community Services Director Amy Weiser, City Engineer Phillip Bowman, Interim Police Chief Steve Ross, and Parks, Recreation, and Trails Director Tif Miller. The Workshop began with questions about the proposed new playground equipment. It opened with Councilmember Ershadi asking about its location and Councilmember Bailey asking about sole -source pricing. Councilmember Jones asked about negotiable pricing. Councilmember Derasary asked about its similarity to existing equipment at Rotary Park. Councilmember Ershadi stated that she had been approached by members of the public about the concept of establishing Moab as a "sanctuary city" regarding potential efforts at deportation of undocumented immigrants. Councilmember Derasary stated she was researching what other municipalities around the country were doing. Councilmember Jones stated that he was concerned about federal funding that may be in jeopardy if Moab were to become a sanctuary city. Councilmember Derasary asked Interim City Manager Everitt if staff can assist with researching this topic. He responded that it can be a workshop topic, and it can be assigned to staff to research. He added that a "fact-finding session" with other community leaders and law enforcement could be helpful. Councilmember Knuteson-Boyd discussed the Mayor's declaration scheduled for later in the meeting and how it November 22, 2016 Page 1 of 7 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP Agenda Page 5 of 235 ties to this discussion, and mentioned there is a lot of fear in the community, even among legal citizens. She felt an education effort would be appropriate. Councilmember Jones appreciated the fact- finding approach. Councilmember Ershadi suggested considering this topic after the first of the year. Councilmember Jones suggested a joint meeting with the County Council. City Recorder/Assistant City Manager Stenta asked for clarification regarding what meeting topic would be advertised to the public. Discussion ensued about the recruitment of a new police chief and the hiring of a new city manager. Community Services Director Amy Weiser gave a Departmental Update and appreciated how the Wastewater Plant project has fostered a closer relationship with GWSSA staff. Parade float progress is good. Film Commission report upcoming. City Engineer Phillip Bowman gave a Departmental Update. He mentioned the addendum to the meeting's agenda, proposing to adopt the Wastewater Treatment Plant Final Environmental Study and Environmental Assessment. He said the comment period closed. Mayor Pro Tem Bailey led the pledge of allegiance. Mayor Sakrison arrived at 7:00 PM and called the Regular City Council Meeting to order. Fifteen (15) members of the public and media were present. Councilmember Jones moved to approve the minutes of November 1 and November 8, 2016 meetings with corrections. Councilmember Derasary 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 a Mayoral Affirmation Valuing Diversity within the Moab Community. Presentation of the Fiscal Year Audit for 2015-2016 by Jon Haderlie of Larson & Company. November 22, 2016 Page 2 of 7 DEPARTMENTAL UPDATES REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATIONS Agenda Page 6 of 235 At 7:30 PM Mayor Sakrison opened a public hearing soliciting Public Input on Proposed Ordinance #2016-14 - An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2016-2017. Copies are available on the City's website and at the Library. Interim Police Chief Ross presented the Public Safety report. He introduced new law enforcement officers, and stated another officer w. He mentioned a grant -writing seminar that he would be attending. Administrative Assistant Reinhart reported the Public Works team has been occupied with routine duties which were detailed in her report. She introduced the new Public Works Director, Patrick Dean. Of note, all water department staff are now certified. Obe Tejada attended a training for traffic control. The air compressor arrived, and staff attended the Defensive Driving training. Greg Fosse gave an update on compliance of the Wastewater Treatment Plant. Under Recreation and Trails Department, Recreation and Trails Director Tif Miller announced that there were 112 participants in the Turkey Trot and stated that the food drive was a success. Winter sports are starting up and a position at aquatic center has been filled. Under Recorder and Human Resources Report, City Recorder/Assistant City Manager Stenta reported that the IT staff has completed system compliance checks for all departments. She also reported progress on Government Records Access Management Act (GRAMA) requests and noted another comprehensive GRAMA request had been filed. Staff committee has worked hard on the pay plan. Budget opening is expected in January. Human Resources Coordinator Danielle Guerrero mentioned the open enrollment meeting. Also, the self -funded health insurance renewal was good. The department has been coordinating several interviews for new staff. Under Treasurer Report City Treasurer Ross updated the Council that her department has been working on billing, connections, water rates, November 22, 2016 Page 3 of 7 PUBLIC HEARING DEPARTMENTAL UPDATES (CONTINUED) Agenda Page 7 of 235 and beer license renewals. Interim City Manager Everitt reported that he participated in a meeting with Grand County regarding economic development. Councilmember Ershadi asked about the ASAP Process. Everitt reported on a proposed upcoming joint City/County council meeting after the first of the year pertaining to economic development and government accountability. He mentioned a desire to fund an economic forecast study. He also noted his research into ATV speed limits. Councilmember Jones mentioned the Throttle Down meeting that he had recently attended. Councilmember Jones moved to approve the request by the Moab Resiliency Hub for a Refund of Special Event Fees in an amount not to exceed $290. Councilman Bailey 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 2017 Moab Rocks subject to the conditions outlined in the Agenda. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Councilmember Ershadi move to approve GameTime, a subsidiary of Playcore, as a sole source provider for purchase of the Phaser playground equipment system. 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 accept the Annual Audit for Fiscal Year 2015-2016. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved to approve the License Agreement with Bear Cloud Software for STR Helper. Councilmember Derasary seconded the motion. There was discussion about the County signing on to the same software at the same time; however, it does not appear the entities can share the license. Councilmember Derasary asked about whether there would be public education efforts to notify the public of November 22, 2016 Page 4 of 7 REFUND OF SPECIAL EVENT FEES APPROVAL OF EVENT LICENSE NEW BUSINESS PLAYGROUND EQUIPMENT PURCHASING EXCEPTION, APPROVED ACCEPTANCE OF AUDIT SOFTWARE LICENSE AGREEMENT, APPROVED Agenda Page 8 of 235 the City's efforts to regulate overnight rentals in the City. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved 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. Councilmember Knuteson-Boyd seconded the motion. Councilmember Derasary asked questions about costs and details of the contract. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Derasary moved approve the Project Agreement for the Water Reclamation Facility (WRF) Site Preparation Project with Harrison Field Services. 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 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." Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones asked a question about inclusive costs. Councilmember Derasary asked about FONSI compliance. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Knuteson-Boyd moved to approve a State Contract Lease with Les Olsen Company for a term of 60 months in an amount not to exceed $15,795. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Ershadi moved 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. Councilmember Jones seconded the motion. Discussion ensued about whether conditional use permits could have conditions, and also about a public information effort to educate citizens about public notices. Council members brought up specific concerns about the proposed development and the November 22, 2016 Page 5 of 7 FEDERAL AID AGREEMENT, APPROVED WATER RECLAMATION FACIILITY SITE PREPARATION AGREEMENT, APPROVED TASK ORDER #380.102 WITH HANSEN, ALLEN & LUCE, APPROVED PURCHASING EXCEPTION FOR A STATE CONTRACT LEASE, APPROVED CONDITIONAL USE PERMIT PUBLIC HEARING SCHEDULED FOR 2017 Agenda Page 9 of 235 timing of a public hearing. The Public Hearing was scheduled for January 10, 2017. Councilmember Derasary requested that the City Attorney be present at the hearing. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Ershadi moved to Confirmation of a Mayoral appointment of Chace Gholson to the Moab Mosquito Abatement District Board for a Term Ending December 31, 2020. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey moved to cancel the Regular City Council Meeting on December 27, 2016. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey moved to approve Resolution #31-2016—A Resolution Adopting the Moab Wastewater Treatment Plant Final Environmental Study and Environmental Assessment. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Mayor revisited the public hearing on the proposed pay plan. Citizen Laura Gale praised the proposed wages for City employees. She stated that Moab is facing not an affordable housing crises but rather a wage crisis and was impressed that the City was addressing the issue with their employees. Councilmember Jones requested that the proposed pay plan be included in the workshop portion of the next meeting. Interim City Manager Everitt requested Council members to reach out to staff with questions before the next meeting. The Public Hearing was closed at 8:49 PM. Councilmember Jones reported on the success of the Solid Waste District's E-waste drive. He mentioned the Dark Sky party. He also noted that he attended the last Planning Commission meeting. November 22, 2016 Page 6 of 7 MOSQUITO ABATEMENT BOARD APPOINTMENT CANCELLATION OF FUTURE MEETING RESOLUTION #31-2016, APPROVED PUBLIC HEARING COMMENTS PUBLIC HEARING CLOSED COUNCIL REPORTS Agenda Page 10 of 235 Councilmember Derasary mentioned the League of Women Voters workshop on Minimum Wage. She also attended the Peace and Healing gathering, as well as the Wabi Sabi meeting on November 17. She also attended a recent Grand County Planning meeting where code changes regarding assured housing were discussed. Councilmember Ershadi attended the Peace and Healing gathering. She contacted the Chamber of Commerce about upcoming locations for Coffee with the Council. Councilmember Knuteson-Boyd attended the Moab Business Summit and the Pre -construction meeting for the Loop Road Project, which begins first week of December and will continue through October 2017. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $349,794.30. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. The meeting was adjourned at 8:55 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder November 22, 2016 Page 7 of 7 APPROVAL OF BILLS ADJOURNMENT Agenda Page 11 of 235 w w.dol.gov News Release �ra:rt �o, r," OFFICE OF THE SECRETARYU.S. Department of the Interior Date: July 20, 2016 Contact: (Interior), Interior_Press@ios.doi.gov Lisa Bryant (BLM), Imbryant@blm.gov, (435) 259-2187 Interior Releases Blueprint for Responsible Development in Moab Planning Effort Underscores Landscape -Level Approach to Minimize Conflicts and Facilitate Responsible Development MOAB, Utah— The Bureau of Land Management (BLM) Canyon Country District today released a proposed plan designed to guide mineral development in and around Moab, Utah while also protecting important cultural and recreational sites. The Moab Master Leasing Plan and Proposed Resource Management Plan Amendments/ Final Environmental Impact Statement (MLP/FEIS) are the culmination of a significant effort by the BLM and interested members of the public, community stakeholders and other local, state, and federal partners to provide for responsible development and conservation in the area. "The proposed plan takes a landscape -level approach to balancing the protection of the iconic scenery in and around Moab and access to the rich energy resources found there," said Secretary Jewell. "As the first Master Leasing Plan in Utah, the collaborative process that led to the proposed plan should serve as a model for how communities can work together to balance development with the protection of world -class environmental, cultural and recreational resources." The Moab Master Leasing Plan (MLP) planning area covers nearly 785,000 acres of public lands in Utah's Grand and San Juan counties. Diverse land uses in the planning area include recreation, oil and gas production, mining, and grazing. The area is also home to the iconic Arches and Canyonlands National Parks, as well as BLM-managed public lands that hold spectacular red rock landscapes and unique geologic features. More than two million visitors recreate in the area each year, benefitting local economies and supporting hundreds of jobs and businesses. The planning area also contains a rich archaeological record of the Ancestral Puebloans who once called it home. The invaluable cultural resources left in the area hold their history and tell the story of the first farmers in the region. "Balance is essential," said BLM Director Neil Kornze. "In this plan we make sure that southern Utah's energy resources can be responsibly accessed while also ensuring that Moab's recreation economy can continue to flourish." The Moab MLP is an example of the success of the oil and gas leasing reform initiative launched by the BLM in 2010 which called for the development of MLPs to provide a framework for determining which areas are appropriate for oil and gas leasing and development. The Moab MLP reflects the balance and benefit of both recreation and the mineral and commodity extraction industry. Diverse recreational activities on BLM-managed lands in Utah provided $460 million in local and national economic benefits in 2014; oil, gas and coal activities on BLM-managed lands in Utah provided $981 million in local and national economic benefits during the same time period. Agenda Page 12 of 235 MLPs were launched by the Bureau of Land Management (BLM) in May 2010 as part of a sweeping oil and gas leasing reform initiative to address a leasing system that was close to the breaking point with nearly half of all proposed parcels receiving community protests and a substantial proportion resulting in litigation. The plans establish a framework for determining which areas are appropriate for responsible exploration and development of oil and gas resources while protecting the area's conservation resources. The reforms were designed to encourage stakeholder input early in the planning process, which reduces protests and litigation and provides developers with greater certainty. MLPs also provide direction for resolving resources conflicts, protecting important conservation resources, supporting outdoor recreation and other activities that benefit local communities and public land visitors. The proposed Moab MLP and associated final environmental impact statement exemplifies the thoughtful planning and intensive analysis that can be achieved through a robust and collaborative process. In crafting the Moab MLP, the BLM brought together a diverse set of stakeholders, including local community members, industry representatives, recreation enthusiasts, tribes and other interested parties from across the country. The BLM also worked closely with the National Park Service, Environmental Protection Agency and other state and local agencies in the planning process. The BLM also solicited public feedback on preliminary alternatives and held public meetings. The proposed plan was developed after careful consideration of the more than 28,000 public comments received. Copies of the Final EIS are available online (http://go.usa.gov/xcbEh) and will ultimately be available at the BLM Utah State Office in Salt Lake City, the Canyon Country District Office in Moab, and the Monticello Field Office in Monticello. The Notice of Availability will publish in the Federal Register on July 22, 2016, and will start a 30-day public protest period and 60-day Governor's consistency review. Additional information and review instructions are in the Dear Reader letter on the website. Further information is available from MLP Project Manager Brent Northrup, at the BLM Canyon Country District Office, by calling (435) 259-2100. ### Agenda Page 13 of 235 EXECUTIVE SUMMARY INTRODUCTION This Moab Master Leasing Plan and Proposed Resource Management Plan Amendments/Final Environmental Impact Statement for the Moab and Monticello Field Offices (MLP/FEIS) has been prepared by the United States Department of the Interior, Bureau of Land Management (BLM), Canyon Country District. The BLM Washington Office (WO) Instruction Memorandum OM) No. 2010-117: Oil and Gas Leasing Reform — Land Use Planning and Lease Parcel Reviews (May 17, 2010) and BLM Handbook H-1624-1: Planning for Fluid Mineral Resources (January 28, 2013) outline the process and criteria for preparing a Master Leasing Plan (MLP). Although the IM and the Handbook pertain to oil and gas leasing decisions, the BLM determined that the MLP concepts are also applicable to potash leasing decisions. An MLP is a mechanism for completing additional planning, analysis, and decision making that may be necessary for areas meeting the criteria for preparing an MLP. Through the MLP process, the BLM will reconsider mineral leasing decisions in a portion of the Moab and Monticello Resource Management Plans (RMP) that are covered in the designated Planning Area. The planning effort is to prepare the Moab MLP, proposed amendments to the Moab and Monticello RMPs, and a single Environmental Impact Statement (EIS). The scope of the decisions in the Moab MLP is limited to oil and gas and potash leasing and development within the Planning Area. This planning effort is not a full RMP revision, but rather is focused on the issues of oil and gas and potash leasing and development in portions of the Moab and Monticello Field Offices. The majority of the public lands within the Planning Area are managed by the Moab Field Office. Approximately 581,624 acres are managed by the Moab Field Office and 203,943 acres are managed by the Monticello Field Office. An additional 124,295 acres of land in the Planning Area are managed by the Utah School and Institutional Trust Lands Administration (SITLA), and 4,377 acres are managed by Utah State Parks. The geographic area being considered in this planning process includes a portion of BLM-administered public lands and Federal mineral estates managed by the BLM's Moab and Monticello Field Offices in Grand and San Juan Counties, Utah (Map 3-1). The Planning Area includes approximately 785,567 acres of public lands in southeast Utah south of Interstate 70. The area adjoins the town of Moab and Arches National Park. The western boundary is the Green River and the northeastern boundary of Canyonlands National Park. To the south of Moab, the Planning Area includes the Indian Creek/Lockhart Basin/Hatch Point area between Canyonlands National Park and Highway 191. The Planning Area encompasses a mix of land uses including developed and dispersed recreation, oil and gas development, and a potash facility on State and private land. There is interest in potash exploration and development in the area. Table ES-1 shows the total acreage within the Planning Area including private, state, and other Federal ownership. Agenda Page 14 of 235 Table ES-1. Land Ownership within the Planning Area Land Status Moab Field Office Acres Monticello Field Office Acres Planning Area Total Acres BLM 581,624 203,943 785,567 State 91,805 32,490 124,295 State Parks 4,337 40 4,377 Private 17,855 14,375 32,230 Split Estate* 9,855 5,281 15,136 Total* 695,621 250,848 946,469 *Acreage not additive Source: BLM Canyon Country District The MLP/FEIS was prepared using the BLM's planning regulations and guidance issued under the authority of the Federal Land Policy and Management Act (FLPMA) of 1976. An EIS is incorporated into this document to meet the requirements of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality (CEQ) regulations for implementing NEPA (40 Code of Federal Regulations [CFR] 1500-1508) and requirements of BLM's NEPA Handbook 1790-1. PURPOSE AND NEED Purpose The MLP process will provide additional planning and analysis prior to new leasing of oil and gas and potash within the Planning Area. The MLP will enable the Moab and Monticello Field Offices to 1) evaluate in -field considerations such as optimal parcel configurations and potential development scenarios; 2) identify and address potential resource conflicts and environmental impacts from development; 3) develop mitigation strategies; and 4) consider a range of new constraints, including prohibiting surface occupancy or closing areas to leasing. New mineral leasing stipulations and development constraints would be accomplished through proposed amendments to the existing land use plans (Moab and Monticello RMPs). The EIS analyzes likely development scenarios and land use plan alternatives with varying mitigation levels for mineral leasing. Need The BLM introduced the MLP process as part of its 2010 Oil and Gas Leasing Reform effort (IM 2010- 117). The BLM determined that the Planning Area meets the criteria for preparing an MLP and therefore additional planning and analyses are necessary prior to new or additional mineral leasing and development. Furthermore, the BLM has identified a need to evaluate mineral leasing decisions as a result of changing circumstances, updated policies, and new information. Planning Issues Planning issues were identified during the public scoping process and were considered during the preparation of the MLP/FEIS. These resource issues were utilized in the development of the management actions in the alternatives, the resources addressed in the affected environment, and form the basis of the analysis for the environmental consequences. A summary of the planning issues are highlighted below and are organized by resource category. Agenda Page 15 of 235 Air Quality: Emissions, pollutants, impacts to air quality, and how BLM will address those issues. Climate Change: Minimizing greenhouse gas emissions. Cultural and Paleontology Resources: Protecting cultural and paleontological resources from damage, and protecting the Old Spanish National Historic Trail segments and the associated viewsheds. Lands and Realty: Protecting high use filming locations, utility corridors, roads; and had questions about stipulations for mineral withdrawals and addressing private inholdings. Lands with Wilderness Characteristics: Protecting lands with wilderness characteristics. Minerals (oil and gas and potash): Impacts of oil, gas, and potash leasing and development. Recreation: Protecting viewsheds and recreation opportunities; and conflicts between mineral development and recreation use. Socioeconomics: Economic impacts from mineral development and revenue from recreation. Soil and Water Resources: Protecting water resources, such as water quality, springs, watersheds, and aquifers. Minimizing impacts to soils and reducing erosion. Special Designations: Protection of special designation areas (areas of critical environmental concern [ACEC], Wild and Scenic Rivers [WSR], and National Historic Trails). Special Status Species: Protection of special status wildlife, fish, and plants. Vegetation: Vegetation protection, reclamation and Best Management Practices, and invasive species and noxious weed control. Visual Resource Management and Auditory Management: Protecting viewsheds, visual quality, soundscapes, and night skies. Wildlife and Fisheries: Protecting wildlife and fisheries, including water quality, habitat fragmentation, and lease stipulations to protect habitat and species. MANAGEMENT ALTERNATIVES Alternatives Development Process The alternatives were prepared by BLM in conjunction with cooperating agencies. In addition, a preliminary range of alternatives was presented to the public at an open house meeting and on the Moab MLP website on May 14, 2014. Feedback from the public on the preliminary range of alternatives was taken through May 28, 2014. This feedback, as well as that of cooperating agencies, was used to assist the BLM in finalizing the alternatives for the MLP/DEIS and the MLP/FEIS. Agenda Page 16 of 235 Summary Description of the Management Alternatives The proposed plan and three alternatives are presented in the MLP/FEIS. Alternative A (No Action Alternative —Continuation of Existing Management) Alternative A is the No Action alternative and represents the continuation of existing mineral leasing management (oil, gas, and potash) under the Moab and Monticello Resource Management Plans (2008). This alternative is the least restrictive to mineral leasing and development; however, current management provides protection for special designations and constraints for sensitive resources. Alternative A allows for oil, gas, and potash leasing and development to occur on the same tracts of land where it is consistent with the leasing decisions in the RMPs. The No Action alternative is required by the Council on Environmental Quality. Alternative B Alternative B provides for mineral leasing and development outside of areas that are protected for high scenic quality (including public lands visible from Arches and Canyonlands National Parks), high use recreation areas, special designations, and other sensitive resources in a manner that minimizes surface disturbance and associated potential resource impacts. Alternative B provides a limited number of specific exceptions to leasing stipulations. Mineral leasing decisions are divided into two options specified as Alternative B1 and Alternative B2 (Tables 2-5 and 2-6). The stipulations devised for the protection of specific resources in Alternative B apply to the leasing decisions in both Alternative B1 and Alternative B2. Alternative B1 provides for both oil and gas leasing and potash leasing. In Alternative B 1, surface impacts would be minimized by separating the new leasing of the two commodities (oil/gas and potash), limiting the density of development in a manner that would not dominate the landscape, and locating potash processing facilities in areas identified with the least amount of sensitive resources. Separating leasing of oil/gas and potash would eliminate redundant infrastructure and ensure orderly development by setting apart the competing objectives of the two commodities. Potash leasing would involve a phased approach and would initially only be issued within identified areas. A phased approach to potash leasing would provide the opportunity to lease a limited portion of the Planning Area in order to determine the feasibility of potash development and methods for reducing resource conflicts. Alternative B2 provides for only oil and gas leasing; no new potash leasing would occur. Oil and gas is a proven economic commodity in the Planning Area while the feasibility of developing deep potash deposits with solution mining methods has not been established on public lands within the Planning Area. Leasing for oil and gas alone would meet the objective of minimizing surface impacts by eliminating the potential for redundant infrastructure associated with co -development of oil, gas, and potash and eliminating the potential for potash processing facilities. Alternative B2 would also minimize surface impacts by limiting the density of oil and gas development in a manner that would not dominate the landscape. Alternative C Alternative C emphasizes resource protection over mineral leasing and development. Alternative C provides for only oil and gas leasing; no potash leasing would occur. This alternative affords the greatest protection to areas with high scenic quality, recreational uses, special designations, BLM lands adjacent to Arches and Canyonlands National Parks, and other sensitive resources. Alternative C provides minimal exceptions to leasing stipulations. In areas open for oil and gas development, surface impacts would be Agenda Page 17 of 235 minimized by limiting the density of oil and gas development in a manner that would not dominate the landscape. Alternative D (Proposed Plan) Alternative D is the BLM's proposed plan and provides for both oil and gas leasing and potash leasing. Mineral development would be precluded in many areas with high scenic quality, in some high use recreation areas, specially designated areas, and in other areas with sensitive resources. Outside of these areas, surface impacts would be minimized by separating leasing of the two commodities (oil/gas and potash), locating potash processing facilities in areas with the least amount of sensitive resources, and limiting the density of mineral development. Potash leasing would involve a phased approach and would initially only be issued within identified areas. Alternative D provides operational flexibility for mineral leasing and development through some specific exceptions and closes BLM lands adjacent to Arches and Canyonlands National Parks to mineral leasing and development. AFFECTED ENVIRONMENT The affected environment provides a description of the existing physical, biological, and cultural resources as well as resource uses that could be affected by implementing the mineral leasing decisions in the alternatives. The information presented in the affected environment is utilized in analyzing the potential environmental consequences of the management actions in the alternatives. ENVIRONMENTAL CONSEQUENCES The purpose of the analysis of environmental consequences is to determine the potential for significant impact of the "Federal action" on the "human environment." The CEQ regulations for implementing NEPA states that the "human environment" shall be interpreted comprehensively to include the natural and physical environment, and the relationship of people with that environment (40 CFR § 1508.14). The "Federal action" is the BLM's selection of a MLP on which future mineral leasing and development will be based. The environmental analysis identifies impacts that may enhance or improve a resource as a result of management actions, as well as those impacts that have the potential to impair a resource. The analysis of the alternatives is focused on identifying the types of impacts anticipated to occur and estimating their potential intensity. The analysis is organized by resource program and discloses the potential impacts on each resource program from implementing each of the proposed alternatives. The analysis also includes an assessment of cumulative effects, which are defined as the impacts that result from the incremental impact of an action when added to other past, present, or reasonably foreseeable future actions. CONSULTATION AND COORDINATION The MLP/FEIS was prepared in consultation and coordination with various Federal, State, and local agencies, organizations, and individuals. Agency consultation and public participation have been accomplished through a variety of formal and informal methods, including public meetings, workshops, correspondence (both traditional and electronic), and meetings with various public agencies and interest groups. Agenda Page 18 of 235 COOPERATING AGENCIES The BLM extended cooperating agency status to government entities and agencies throughout the Planning Area. The following is a list of the cooperating agencies that have actively attended the cooperators meetings leading to the development of the MLP/FEIS. • Grand County • San Juan County • State of Utah • National Park Service (NPS) (U.S. Department of the Interior [DOI]) The U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service are also actively involved in the planning process. As part of the planning process, the BLM initiated consultation with culturally affiliated Native American Tribes. The Hopi Indian Tribe accepted BLM's invitation to become involved in the MLP process. PUBLIC PARTICIPATION The public scoping period began with the publication of the Notice of Intent (NOI) in the Federal Register on March 5, 2012. The scoping period included three public scoping meetings held in Moab, Monticello, and Salt Lake City, Utah. The formal scoping period ended on May 7, 2012. The majority of comments pertained to policy and administrative actions, socioeconomics, water and soil resources, fish and wildlife and special status species, air resources, and visual resource management and noise. On August 21, 2015, the BLM published a Notice of Availability (NOA) for the Moab MLP/Draft RMP Amendments/Draft EIS (MLP/DEIS) in the Federal Register which initiated a formal public comment period (94-days) which ended on November 23, 2015. The MLP/DEIS was distributed to appropriate Federal agencies with jurisdiction by law or special expertise and to State and local agencies, including Indian Tribes. Copies of the MLP/DEIS were also made available to the public at public libraries, the MLP website, and BLM offices. The public was provided with an opportunity to review and comment on the MLP/DEIS during the 94-day public comment period. Three public meetings were held in Moab, Monticello, and Salt Lake City during the comment period to inform the public about the MLP/DEIS. CHANGES FROM THE MLP/DEIS TO THE MLP/FEIS Comments received on the MLP/DEIS from the public and internal BLM review were considered and incorporated as appropriate into the proposed RMP amendments and FEIS. Public comments resulted in the addition of clarifying text, but did not significantly change proposed land use plan decisions. Adjustments and clarifications have been made to the preferred alternative in the DEIS which is now presented as the proposed plan in the FEIS. Changes made in the text of the MLP/DEIS that are based on public comment and BLM internal review are shaded in gray in the MLP/FEIS. Refer to the end of Chapter 1 (Table 1-2) for a complete listing of every change from the MLP/DEIS to the MLP/FEIS. Agenda Page 19 of 235 NEXT STEPS Following the Environmental Protection Agency's publication of the NOA for the MLP/FEIS in the Federal Register, there will be a 30-day protest period. In addition, a 60-day Governor's Consistency Review period will start at the same time as the protest period. At the end of the protest period on the proposed plan amendments and FEIS and after protests are resolved, a Record of Decision (ROD) is issued. The ROD serves as a concise and useful tool for summarizing the findings and decisions brought forward into the Moab MLP and approved Moab and Monticello RMP amendments. After the ROD is signed, implementation level decisions, such as lease issuance, applications for permit to drill, geophysical operations, and sundry notices, will be appealable for 30 days from the date of the decision for these actions. Agenda Page 20 of 235 December , 2016 Bureau of Land Management Attn: Lance Porter 82 East Dogwood Moab, Utah 84532 RE: Moab City Council comments on Moab Master Leasing Plan Final EIS Dear Mr. Porter: r The Moab City Council would like to thank your office and the U.S. Bureau of Land Management (BLM) for the hard work completed in developing the Moab Master Leasing Plan Final Environmental Assessment (FEIS). This letter supplements our letter of September 24, 2015, which expressed support for the Preferred Alternative D from the draft Moab Master Leasing Plan. This FEIS reflects the proposed management recommendations from the Preferred Alternative D, and therefore we again support the direction that BLM is taking with the FEIS to strike a balance betwee oil and gas development 'and potash mining with the protection of our public lands. /64 , Tourism and recreation plays a keystone role in our local economy. As noted in the FEIS, recreation on BLM lands alone would generate upwards of $761 million in economic activity over the next 15 years and support over 1,000 jobs. In addition, the National Park Service estimates that Arches and Canyonlands National Parks generate $146.5 million in economic actiyear. Ensuring healthy public lands and a strong vision toward balance is key fonomic fu f Moab businesses and the quality of life for Moab's residents. This FEIS benefitted significantly from early collaboration durinoundtable discussions hosted by our Mayor with attendance and comments from Grand County, SITLA, the National Park Service and many other stakeholders. Those efforts provided a forum for ideas and concerns could be shared amongst the group. Your office should also be commended for continuing dialogue among local stakeholders about how public lands should be managed. The ]clearly listened to what local stakeholders had to say. We believe that that the BLM should implement the strongest plan possible to protect tourism and recreation es on our public lands a riv s while facilitating the responsible development of oil and gas drilling and potash mining Accor , we believe this FEIS provides the right direction to strike a balance between conservation and dev pment. We again thank the BLM for the great work to protect Moab's world -class recreation and a strong and diverse local economy. Sincerely, Agenda Page 21 of 235 Moab Master Leasing Plan AModel for the Nation The Old Way of Doing Business The way that decisions about energy development and conservation on public lands have been made has been fraught with conflict and uncertainty. Energy companies, conservationists and other stakeholders, including Native American tribes and outdoor recreation businesses, fight to protect or develop certain segments of public lands piece -by -piece, one at a time. A proposal is made to mine, preserve, or protect a single area, both sides make their case, and a decision is rendered. These decisions are made piecemeal, slowly, and without regard for decisions being made about surrounding areas. Master Leasing Plans: A New Way of Doing Business Master leasing plans are the Bureau of Land Management's (BLM) most effective tool to keep up with our changing and growing economy. Because they are prepared in cooperation with local communities, stakeholders and businesses, they represent a shared, collaborative vision for how our public lands should be managed. By identifying the right places to develop, and balancing future energy development with the needs of local communities, master leasing plans ensure that our lands are working for the benefit of local economies, western families and our communities. And, master leasing plans help energy companies by identifying and resolving conflicts at the outset, helping to avoid lengthy delays on the back -end. This smart -from -the -start approach provides needed certainty not only for the energy industry, but for all users of our public lands. The Moab Master Leasing Plan The Moab master leasing plan Final Environmental Impact Statement is a public lands planning model for the nation, and a win -win outcome for Utah stakeholders. Using common sense and their unique expertise, local stakeholders — including business leaders, elected officials, outdoor recreation leaders, and citizens — worked with the BLM in Moab to craft a balanced plan for future energy development. For local economies, the Moab master leasing plan is a win -win that will allow both recreation businesses and oil and gas companies to operate and plan for the future with an unprecedented level of certainty. Advancing a policy that gives outdoor recreation a seat at the table is critical to western communities' economic future. The stunning landscapes of Arches and Canyonlands National Parks are the economic engine of Moab's local economy. Small businesses thrive in Moab because of the unmatched recreation opportunities in the area. From visiting Arches and Canyonlands, to biking Slickrock Trail, or rafting the Colorado and Green rivers, opportunities abound to enjoy the Moab area's great outdoors. In 2015, more than 2 million people visited these parks, which generated almost $262 million in economic output for the local economy and supported almost 3,300 jobs. In fact, nearly 1 out of every 2 private jobs in Grand County is related to travel and tourism. In 2013, tourism and recreation generated almost twice as much tax revenue for Grand County as natural resources industries ($9.8 million to $5.7 million). Tourism represents nearly a fifth of the total revenue for all of Grand County. Next Steps for Moab and Master Leasing Plans The FEIS for the Moab master leasing plan is an incredible step toward protecting this special place for generations to come — while ensuring certainty for all aspects of the region's diverse economy. Now, the BLM must fully adopt and implement the master leasing plan for the sake of Moab's economy, surrounding communities, and millions of visitors from across the world. The success of the master leasing plan process here in Moab can serve as a model for this kind of planning in other places as well. In areas like Chaco Canyon (NM), South Park (CO), Greater Little Mountain (WY), and Southwest Colorado, the BLM needs to listen to local communities, move forward with more smart planning and build on the success of Moab's landmark master leasing plan process. Agenda Page 22 of 235 Public Lands Solutions :: Moab, UT MOAB CITY COUNCIL MEETING December 13, 2o16 Agenda Item #: 6-1 Title: Approval of permits for Seekhaven's annual fundraising event, Puttin' On The Ritz, to take plane on February 11, 2017. Fiscal Impact: This event takes place at the Grand Center and requires very few, if any, city services. The special event, park and alcohol permit fees provide revenue to the city. Staff Presenter(s): Amy Weiser, Community Services Director Department: Community Services Applicant: Seekhaven Family Crisis and Resource Center Background/Summary: This is an annual fundraising event. There have been no adverse impacts with this event in the past, and the special events committee has no conditions of approval. Please note that several of the required/permits are contingent upon other approvals. The event is a fundraiser for the center, which provides services to Moab and Grand County residents. The applicant is requesting a waiver of the required $290.00 in Special Events fees. The $90 Class IV license fee cannot be waived. The following approvals are needed: 1. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of Local Consent Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the event applications as submitted. Council must decide whether or not to refund the required fees. Recommended Motions: "I move to approve the annual Puttin' on the Ritz fundraising event for Seekhaven to be held on February 11, 2017 at the Grand Center. I further move to the requested fee waiver in the amount of $290.00" Attachment(s): Application materials Agenda Page 23 of 235 Ste440AvtA Family Crisis & Resource Center Making an impact since 1990 Board of Trustees President Stephanie Dahlstrom Vice President Barbara Browning Mike Kirkham Secretary Marvelee Brewer Treasurer Sharifeh Robinson Board Marvelee Brewer Alison Ling Sharifeh Robinson Executive Director Jaylyn Hawks 20 November 2016 Amy Weiser! Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for Approvals • Special Event Permit • Class IV Retail Beer License Dear Ms. Weiser & Moab City Council, On behalf of Seekhaven Staff, Clients, and Board of Trustees, I express sincere appreciation for your continuing partnership with Seekhaven in addressing our community's domestic violence and sexual assault issues. In connection with that goal, you are probably aware that each year we hold our annual fundraiser, Puttin' on the Ritz, to secure addition operational funds necessary to continue offering high quality support to local survivors. This year's event will take place on February 11, 2017 at the Grand Center. The location makes it necessary to obtain the appropriate licensing permits to hold this event. I am therefore respectfully requesting that the Moab City Council consider the documents submitted with this letter and approve the necessary permits and licenses. You are likely aware that this local approval needs to precede the application and approval at the State level which, in and of itself can take a significant amount of time; as such timely completion is important. Hopefully, this submission will give all parties ample time to consider. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Sincerely, yn Hawks Executive Director Agenda Mission: To build safe and healthy communities Page 24 of 235 Stidickotvt4 Family Crisis & Resource Center Making an impact since 1990 Board of Trustees President Stephanie Dahlstrom Vice Presidents Barbara Browning Mike Kirkham Secretary Marvelee Brewer Treasurer Sharifeh Robinson Board Alison Ling Marvelee Brewer Sharifeh Robinson Executive Director Jaylyn Hawks Amy Weiser/ Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for fee waivers • Special Event Fee: • Transient Fee: • Class IV License Fee: 21 November 2016 $200.00 $90.00 $90.00 Dear Ms. Weiser & Moab City Council, On behalf of Seekhaven Staff, Clients, and Board of Trustees, I express sincere appreciation for your continuing partnership with Seekhaven in addressing our community's domestic violence and sexual assault issues. In connection with that goal, you are probably aware that each year we hold our annual fundraiser, Puttin' on the Ritz, to secure addition operational funds necessary to continue offering high quality support to local survivors. This year's event will take place on February 11, 2017 at the Grand Center. The location makes it necessary to obtain the appropriate licensing permits to hold this event. Since the fees attached to these permits pose a significant obstacle to our ability to maximize fundraising efforts, I respectfully request that these fees be waived. I appreciate your support and your sensitivity to the issues we face. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Sincerely, Ja Exe Director Agenda Mission: To build gage and Maltby communities DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): SI TRANSIENT ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 �jD. ob 2etD " NAME OF EVENT: or) -the, Rct z. DESCRIPTION OF EVENT: a nnP_ C4f nn l-6) �„ y1 ¢.L��LI��a COLC„ "�e. LOCATION OF EVENT: T h Qi ran QL (�1'1�P� PREMISES TO BE USED: ir")Q ha I� h/r,LIL (j/c�, CY & L-I:7(.4, 00n TEMPORARY STRUCTURES TO BE USED (IF ANY): I DATE(S) AND TIME(S) OF EVENT: �jP� , 20 r7 ; .1' prn u rrt I [ ►yl otn ( l� 2.30 ANTICIPATED# OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: NUMBER OF VENDORS PARTICIPATING: or-) e- EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Cut abaia_Sg-CPS , °d" `Cc( � 1 b/ 1 1 t-'7/2JI )1t5 PHONE: 435 25 1 2zze �' CI . M11a STATE: _/ 7 ZIP: $4-153 EVENT SPONSORS NAME: . Q0 k hi? i Lo 1(7 SPONSOR'S ADDRESS: p %�, B f, ?2q 2 TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP adirn iSs ton / 51 lea-t ❑ CORPORATION ..PDTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: 118 L 2 D 30002 sr( NAME REGISTERED WITH THE STATE FOR TAX ID: CONTACT EMAIL ADDRESS: .se,e,Lchaxtpr)_,Dr9 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. IANE _ Jwkl_►an Hail)L5 SE PRINT NAME(S) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSL'R�`GULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPOr OR). IANE AGIjEE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. gnature 6f S State o Ut�4i' ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this _a Cis NOTARY PUBLIC k .33 Date day of%1/43,e4kk61-A,, �( I ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! BETH W. MCCUE Notary Public State of Utah ? Comm. No. 683276 My Comm. Expires May 28, 2019 Rev. 3/30/2016 Agenda Page 26 of 235 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 27 of 235 Rev. 3/30/2016 Seekhaven, Inc. — Puttin' on the Ritz — February 11, 2017 Dinner/Dance/Silent Auction Fund Raiser w 1 m -% a) to ID Check I orkari rinnr Silent Auction Hallway Locked Door Cd4,4 �dr Food Service Band & Master of Ceremonies Orange stars indicate volunteer security personnel Food Service THE GRAND CENTER Banquet/Dining Area Food Service 03inaaS pool Kitchen N & Food Prep Locked Door Agenda Locked Door Page 28 of 235 DATE PAID AMOUNT PAID RECEIPT No. CITY OF MOAB RETAIL BEER* LICENSE APPLICATION L1.L�s1 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 217 FAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 O CLASS I FEE O CLASS II FEE O PRIVATE CLUB O CLAss III FEE: )KCLASS IV FEE' LICENSE # $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION Fuu NAM£: cJ j�l 1-1 t�--� HOME PHONE HOME ADDRESS CITY _/-'p(.d!) _ STATE: 1 SOCIAL SECURITY MBER DATE OF BIRTH: DRIVER LICENSE NUMBER & STATE 3 Z BUSINESS INFORMATION BUSINESS NAME: SPP. K a en � (1'1 G • n �) ^' r_ SALES TAx ID #: Q BUSINESS ADDRESS: I P . ?j 00 _6. � � D L�K (�9 � l ILC4lJ� �T 63BUSINESS PHONE :435 yqR � 7iZ2i-1 BUSINESS MAILING ADDRESS: P D, IC %7� 64 CITY: /14 fal' b TATE: u T ZIP. g.& 3 Z 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) ❑ CLASS O CLASS II O PRIVATE CLUB O CLASS III CLASS 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 City, 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 11 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. 1. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? O NO X(ES (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: 'Beer application is for 3.2% by weight only. Also requires a State license. try ,) as Page 22 of 26 Agenda Page 29 of 235 3. Have you ever been convicted of any offense other than a minor traffic violation? )8(No ❑ YES (If 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, Il, Private Club and Class 1V. Class HI 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 D DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 23 of 26 Agenda Page 30 of 235 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. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature L. lf1 tk.C,‘_k-LO , being first duly sworn, on his/her oath deposes and says: That he/she is Die 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 thisl day of SOLD lJ���►�� R BETH W. MCCUE Notary Public State of Utah Comm. No. 683276 -••-- My Comm. Expires May 28, 2019 Page 24 of 26 hoc te Notary Public Agenda Page 31 of 235 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: )1p4crt -i l m o(r) .aQin amis s o-f- bouc, dbane r , L2illY1 C.1Y t—� 1- a. �.8.r� l�if '1, `d' L" �L� .�C- 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: Leiker sr,c pv/re'p:5 _ - ► ix—Vey1S 4. I �Q� jVYI Na .) br:S 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 it gph 2D► 7 starting at _.y = 06 . PM, and located at 4h� Grand(..er'Ltf r for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTA COUNTY OF GRAND ) ) SS ) ±k, ..P rm r DATE: (l "-'2' — 2 v / 6 SUBSCRIBED AND SWORN TO BEFORE ME BY C'l-‘A/1/1" N& )0 S THISA ` DAY OF %\Q 'ANANCfQJIt � BETH W. MCCUE Notary Public State of Utah Comm. No. 683276 My Comm. Expires May 28, 2019 Page 25 of 26 ON k) NOTARY PUBLIC Agenda Page 32 of 235 CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, 1 hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. tur�e of�WitnessL State of Utah County of \.q\r-, } I Print J. : a a:I it f Applicant Date L ua�b.�h \(.-a�-OD\cP Print �ame of Witness Date On the �\ day of V1 , personally appeared before me J ekuv\ Un �Q_�.11 S , who duly acknowledged to me that they executed the samb. My Commission Expires: Notary Public 38, a01kisz Residing in: G« v, BETH W. MCCUE Notary Public State of Utah Comm. No. 683276 My Comm. Expires May 28, 2019 Page 26 of 26 County Agenda Page 33 of 235 SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 a,,I _�. , [City [ ] Town [ ] County hereby Applicant Event Event On the during Localltbusine ice's lit brit y grants its consent to the issuance of Entity/Orga ' ation: Name: iii HI (/) f �41‘-2_ a temporary single event permit license to: c�_e4(AA, C4/40_,j1 ‘g i---— location address: 1 -7.__ I l • 92) (A /kW+ UT— O 7j3 Z street city mato Zip /—il/N day(s) of t1/1C41'��/���///�JJJ , 7D/C.da ( es _ month / year the hours of �� ,pursuant to the provision of Utah Code 32B-9. dined hocuu sdin - t o We recommend this entity as conducting a civic or community enterprise* [ ] Yes [ ] No [ ] Not providing a recommendation *As Part of local consent required by whether the entity is conducting a civic function that is in the nature of a temporary educational, recreational, cultural, charitable, community enterprise" generally is a gathering Single event permits may not be issued to attempting to avoid the requirement of state 32B-9-201(1)(c), the locality may provide a recommendation as to or community enterprise. A civic or community enterprise means a special event such as a social, business, religious, political, governmental, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or that brings members of a community together for the common good. or obtained by an entity or organization for the purpose of avoiding or retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Agenda Page 34 of 235 co cu Q 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 specs al 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. as d Page 35 of 235 Special Event/Vendor 61 City of Moab $8,000,000.00 $7,000,000.00 $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 $- Sales Based Tax Annual Comparison niiill = IN Ma ••••• NM SALES & USE HIGHWAY TRANSIENT ROOM 1 RESORT COMMUNITY ■ 2009-2010 ■ 2010-2011 ■ 2011-2012 ■ 2012-2013 i 13-14 Actual ■ 14-15 Actual ■ 15-16 Actual Annual Tax Revenue Updated on: 12/9/2016 R:\Recorder\Budg@IVMARi\Tax Projections Moab City Recorder's Office $8,000,000.00 $7,000,000.00 $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 $- 09-10 Total Sales Tax Revenue Actual vs. Budget 10-11 11-12 12-13 13-14 ■ Annual Tax Revenue Annual Budget 14-15 15-16 Page 37 of 235 2016-2017 Year End Sales Tax Projections Sales Generated Taxes FY 16-17 YTD Actual FY 16-17 Budgeted YTD Increase over FY 15-16 FY 16-17 Projection +/- 31300 Sales & Use Tax $ 925,572.91 $ 1,820,467.00 4.98% $ 1,884,146.75 $ 63,679.75 31500 Highway Taxes $ 386,343.37 $ 701,696.00 7.44% $ 737,505.31 $ 35,809.31 31600 Transient Room Taxes $ 642,250.13 $ 1,082,140.00 7.74% $ 1,061,828.02 $ (20,311.98) 31700 Resort Community Taxes $ 1,959,886.97 $ 3,474,676.00 6.92% $ 3,699,592.58 $ 224,916.58 Projected Year End Surplus $ 304,093.67 Updated on: 12/9/2016 R:\Recorder\Budg@l� NY6hife\Tax Projections Moab City Recorder's Office AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 11, 2016 / / Agenda item #: 7-2 Title: Approval of Proposed Ordinance #2016-14 —An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries 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: A public hearing was held on November 22, 2016 for the attached proposed pay plan and one positive comment was given. The next step is adoption of the new pay plan and a revision to the Personnel Policies and Procedures manual. I've attached the informational handout outlining aspects of the background and the process as well as the projected fiscal impact sheet. The budgeted impact for this FY is $227,836.00. The cost for total implementation is $250,626.91(including benefits) which could be accommodated through budget adjustments if you choose to implement all three phases this FY. Moving forward, for next FY the sustaining impact is estimated at $444,753.82 including benefits. Please note as detailed on the fiscal impact summary, this amount represents 7.01 % of our annual personnel costs for the City of Moab. Given that we have not adjusted our overall pay ranges based on outside market comparisons nor have we engaged in a comprehensive re- evaluation of all job description ratings and rankings in over 19 years, a 7% increase does not seem unreasonable. Several additional items are on this agenda for approval in order 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 has presented a modified list of exempt positions within the City for approval. 1 Agenda Page 39 of 235 Options: Approve, deny or postpone Staff Recommendation: Approval of new play plan and corresponding items Recommended Motion: I move to approve Proposed Ordinance #2016-14 Attachment(s): Proposed Ordinance #2016-14 Salary Survey Process Summary Projected Fiscal Impacts Agenda Summary (Danielle Guerrero) for Attachment B Agenda Page 40 of 235 ORDINANCE NO.2016-14 AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE AND ADOPTING THE EXEMPT AND ELECTED OFFICIALS SALARIES 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 ordinance as Attachment A, respectively; and WHEREAS, the proposed "Exempt and Elected Officials Salaries" is attached to this ordinance as Attachment B, 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) and the Exempt and Elected Officials Salaries (Attachment B) as referred herein effective January 1, 2017. DATED this 13th day of December 2016. ATTEST: Rachel E. Stenta City Recorder SIGNED: David L. Sakrison Mayor Ordinance #2016-14 Agenda Page 41 of 235 December 13, 2016 Ordinance #2016-14 Attachment A (FaVf0.,) MoAB City of Moab Proposed Pay Plan 2016-17 Hourly Pay Rates Pay Range JOB TITLE Minimum Midpoint Maximum ADMINASSISTANT- AQUATIC $15.91 $19.89 $23.87 ADMINISTRATIVE ASSISTANT I $17.49 $21.86 $26.24 ADMINISTRATIVE ASSISTANT II $19.27 $24.09 $28.90 ADMINISTRATIVE ASSISTANT $17.58 $21.98 $26.38 ADMINISTRATIVE ASSISTANT II $19.27 $24.09 $28.90 ANIMAL CONTROL OFFICER $16.49 $20.61 $24.74 ANIMAL CONTROL SUPERVISOR $20.12 $25.14 $30.17 ANIMAL SHELTER MANAGER $20.90 $26.13 $31.36 AQUATIC CENTER MANAGER $25.62 $32.02 $38.43 AQUATIC MANAGER $21.36 $26.70 $32.04 AQUATICS ASSISTANT MANAGER $18.22 $22.77 $27.33 ARTS/SPECIAL EVENTS MANAGER $21.78 $27.23 $32.67 ASSISTANT CITY MANAGER/RECORDER $43.68 $54.60 $65.52 ASSISTANT PLANNER $20.77 $25.97 $31.16 ASSISTANT TO CITY ENGINEER $19.69 $24.61 $29.54 CITY ENGINEER $35.99 $44.99 $53.99 CITY MANAGER $55.12 $68.90 $82.68 CITY PLANNER $28.09 $35.11 $42.13 CITY TREASURER $22.22 $27.78 $33.33 CIVIL ENGINEER SENIOR $27.42 $34.27 $41.13 COMMUNITY SERVICES DIRECTOR $33.05 $41.31 $49.58 CONSTRUCTION INSPECTOR $20.61 $25.76 $30.91 DEPUTY RECORDER I $17.75 $22.18 $26.62 DEPUTY RECORDER II/HR $28.05 $35.07 $42.08 DEPUTY TREASURER $18.55 $23.19 $27.83 FILM COMMISSION COORDINATOR $23.63 $29.54 $35.45 LIEUTENANT $28.65 $35.82 $42.98 LIFEGUARD $16.48 $20.61 $24.73 PARKS SERVICE WORKER I $16.70 $20.87 $25.04 PARKS SERVICE WORKER II $17.18 $21.47 $25.77 PARKS SERVICE WORKER III $17.89 $22.36 $26.83 PARKS SUPERINTENDENT $24.88 $31.10 $37.32 PARKS,RECREATION & TRAILS ASSISTANT $16.72 $20.91 $25.09 PARKS/RECREATION/TRAILS DIRECTOR $32.97 $41.21 $49.45 POLICE CHIEF $36.38 $45.47 $54.56 POLICE OFFICER I $19.85 $24.82 $29.78 POLICE OFFICER II $20.44 $25.55 $30.67 POLICE OFFICER II/DRUG ENFORCEMENT $20.44 $25.55 $30.67 POLICE OFFICER III $21.29 $26.62 $31.94 POLICE OFFICER III/DRUG ENFORCEMENT $21.29 $26.62 $31.94 PUBLIC FACILITIES SUPERINTENDENT $24.00 $30.00 $36.00 PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN $15.61 $19.51 $23.41 PUBLIC WORKS DIRECTOR $36.32 $45.40 $54.48 RECORDER ASSISTANT $17.78 $22.23 $26.67 SERGEANT $24.50 $30.63 $36.75 SEWER DIVISION SUPERINTENDENT $25.96 $32.45 $38.94 SPORTS/RECREATION ASSISTANT $16.95 $21.18 $25.42 SPORTS/RECREATION MANAGER $22.65 $28.31 $33.97 STREETS SERVICE WORKER I $16.97 $21.21 $25.45 STREETS SERVICE WORKER II/CDL $17.50 $21.88 $26.25 STREETS SERVICE WORKER II/MECHANIC $18.46 $23.08 $27.69 STREETS SERVICE WORKER III/CDL $19.10 $23.88 $28.66 STREETS SERVICE WORKER III/MECHANIC $21.51 $26.89 $32.27 STREETS SUPERINTENDENT $25.27 $31.59 $37.91 WASTEWATER TREATMENT PLANT OPERATOR/SUPERINTENDENT $27.06 $33.83 $40.60 WATER DIVISION SUPERINTENDENT $26.23 $32.79 $39.35 WATER/SEWER SERVICE WORKER I $17.13 $21.42 $25.70 WATER/SEWER SERVICE WORKER I/METER READER $17.07 $21.34 $25.61 WATER/SEWER SERVICE WORKER II/CDL $17.67 $22.09 $26.51 WATER/SEWER SERVICE WORKER II/WWTP $18.59 $23.24 $27.88 WATER/SEWER SERVICE WORKER III $18.95 $23.69 $28.43 Monthly Pay Rates Pay Range Minimum Midpoint Maximum $2,758 $3,447 $4,137 $3,032 $3,790 $4,548 $3,340 $4,175 $5,010 $3,048 $3,810 $4,572 $3,340 $4,175 $5,010 $2,859 $3,573 $4,288 $3,487 $4,358 $5,230 $3,623 $4,529 $5,435 $4,441 $5,551 $6,661 $3,702 $4,628 $5,553 $3,158 $3,947 $4,737 $3,775 $4,719 $5,663 $7,571 $9,464 $11,356 $3,601 $4,501 $5,401 $3,413 $4,266 $5,119 $6,239 $7,799 $9,358 $9,555 $11,943 $14,332 $4,868 $6,085 $7,302 $3,852 $4,814 $5,777 $4,753 $5,941 $7,129 $5,729 $7,161 $8,593 $3,572 $4,465 $5,357 $3,076 $3,845 $4,614 $4,863 $6,078 $7,294 $3,216 $4,020 $4,824 $4,096 $5,120 $6,144 $4,966 $6,208 $7,450 $2,857 $3,572 $4,286 $2,894 $3,617 $4,341 $2,978 $3,722 $4,466 $3,101 $3,876 $4,651 $4,312 $5,390 $6,469 $2,899 $3,624 $4,348 $5,714 $7,143 $8,571 $6,305 $7,881 $9,458 $3,441 $4,301 $5,162 $3,544 $4,429 $5,315 $3,544 $4,429 $5,315 $3,691 $4,613 $5,536 $3,691 $4,613 $5,536 $4,160 $5,201 $6,241 $2,705 $3,382 $4,058 $6,295 $7,869 $9,443 $3,082 $3,853 $4,623 $4,247 $5,309 $6,371 $4,500 $5,625 $6,750 $2,937 $3,672 $4,406 $3,925 $4,907 $5,888 $2,941 $3,676 $4,411 $3,034 $3,792 $4,551 $3,200 $4,000 $4,800 $3,312 $4,139 $4,967 $3,729 $4,661 $5,593 $4,381 $5,476 $6,571 $4,691 $5,864 $7,037 $4,547 $5,683 $6,820 $2,970 $3,713 $4,455 $2,959 $3,699 $4,439 $3,063 $3,829 $4,595 $3,222 $4,028 $4,833 $3,285 $4,106 $4,928 Annual Pay Rates Minimum Pay Range Midpoint Maximum $33,096 $36,382 $40,078 $36,574 $40,078 $34,302 $41,841 $43,480 $53,289 $44,424 $37,892 $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 $44,288 $44,288 $49,925 $32,463 $75,540 $36,984 $50,965 $54,003 $35,247 $47,104 $35,290 $36,406 $38,400 $39,738 $44,746 $52,570 $56,294 $54,559 $35,641 $35,509 $36,757 $38,666 $39,421 $41,370 $45,478 $50,097 $45,718 $50,097 $42,878 $52,301 $54,350 $66,612 $55,531 $47,365 $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 $53,154 $55,360 $55,360 $62,407 $40,578 $94,425 $46,230 $63,707 $67,504 $44,059 $58,880 $44,112 $45,507 $48,000 $49,673 $55,933 $65,712 $70,368 $68,198 $44,551 $44,387 $45,946 $48,332 $49,277 $49,644 $54,573 $60,117 $54,861 $60,117 $51,453 $62,761 $65,220 $79,934 $66,637 $56,838 $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 $63,784 $66,432 $66,432 $74,888 $48,694 $113,310 $55,476 $76,448 $81,005 $52,871 $70,656 $52,935 $54,609 $57,600 $59,607 $67,119 $78,855 $84,441 $81,838 $53,461 $53,264 $55,135 $57,999 $59,132 Agenda Page 42 of 235 R:\RecordenSalary Survey111-08-20161Market Analysis - Moab 11-22-2016 ATTACHMENT B Exempt and Elected Official Salaries Section 1. The following are exempt positions: City Manager See approved pay plan Police Chief See approved pay plan City Engineer See approved pay plan Community Services Director See approved pay plan Recorder/Assistant City Manager See approved pay plan Parks, Recreation & Trails Director See approved pay plan Senior Civil Engineer See approved pay plan Public Works Director See approved pay plan Treasurer See approved pay plan Section 2. Yearly salary rates for the following elected official positions: Mayor $12,300 Councilmembers $ 8,400 Planning Commission Members $50 per meeting Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2016-14 — Attachment B Agenda Page 43 of 235 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 44 of 235 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 45 of 235 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 46 of 235 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 47 of 235 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 48 of 235 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 49 of 235 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 50 of 235 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 51 of 235 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 52 of 235 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 53 of 235 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 54 of 235 1 Phase 1 - Year 1 - Implementation Total Salaries Benefits 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 Salaries Year 2 - Sustaining 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 Total Personnel Costs Annual Earnings Citywide $ 4,065,305.19 Annual Benefits Citywide $ 2,031,991.66 Annual Personnel Costs $ 6,097,296.85 Adjustment % of Total Personnel Costs 7.01% Agenda Page 55 of 235 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 11, 2016 / / / Agenda Them #:7-2 Title: Approval of Proposed Ordinance #2016-14 — An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2016-2017 — Modification of Exempt Employee List — Attachment B Fiscal Impact: None Staff Presenter: Danielle Guerrero, Deputy City Recorder/HR Department: Recorder Summary: On June 28, 2016 the City Council approved Ordinance #2016-07. This Ordinance included Attachment B — Exempt and Elected Officials Salaries. At the direction of the City Manager, this list was increased by eleven (11) positions from the prior year. Also by the direction of the City Manager the exempt status of these positions was not to be implemented until completion of the Salary Survey. With the Federal Labor December 1st rule changes upon us, I reviewed all the job descriptions that were added and classified as exempt. In this review I ran each job description through the Department of Labor, Fair Labor Standards Exemption Test. I found that the majority of the additional positions do not meet the criteria for exempt status under the FLSA (Exempt status means the employee is exempt from over time). Employers have the choice to not classify employees as exempt that do meet the criteria. However, employers do not have the choice to classify employees as exempt that do not meet the criteria. I recommend that the following positions be classified as exempt: City Manager, Police Chief, Recorder/Assistant City Manager, Community Services Director, Parks Recreation & Trails Director, City Engineer, Senior Civil Engineer and Treasurer. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of Ordinance 2016-14—An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2o16-2o17 specifically Attachment B "Exempt and Elected Officials Salaries" Recommended Motion: "I move to approve Ordinance 2o16-14—An Ordinance Adopting the City of Moab Pay Plan Schedule For Fiscal Year 2o16-2o17." Agenda Page 56 of 235 Attachment(s): Ordinance 2o16-14 — Attachment B Agenda Page 57 of 235 1 _ATTACHMENT B Exempt and Elected Official Salaries Section 1. Y arly salary range for tThe following are exempt positions only: City Manager $85,000 - $149,000 Police Chief $70,000 - $120,000 City Engineer $70,000 - $90,000 Community Services Director $70,000 - $90,000 Recorder/Assistant City Manager $70,000 - $100,000 Parks, Recreation & Trails Director $65,000 - $80,000 City Planner $65,000 - $80,000 Senior Civil Engineer $65,000 - $80,000 Utility Director $60,000 - $75,000 Public Strccts & FacilitiesWorks Director$60,000 - $75,000 Police Lieutenant $54,000 - $75,000 Assistant City Engineer $54,000 - $75,000 Deputy City Recorder II $45,000 - $75,000 Treasurer $45,000 - $75,000 Film Commission Director $40,000 - $55,000 Arts & Special Events Manager $37,500 - $49,000 MRAC Director $37,500 - $49,000 Sports Recreation Manager $37,500 $49,000 Section 2. Yearly salary rates for the following elected official positions: Mayor $12,300 Councilmembers $ 8,400 Planning Commission Members $50 per meeting Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Agenda Ordinance #2016-07 - Attachment B Page 58 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 11, 2016 Agenda item #:7-3 Title: Approval of Proposed Resolution #33-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual Fiscal Impact: $14,180/year for the Public Works On -call policy revision Employees currently average 60.00/ week or 8.57/day. This policy would average about 22.00/day or 154.00/week = 4,727.36 * water, streets, sewer, parks = 14,182.08 Staff Presenter: Danielle Guerrero, Deputy City Recorder/HR Department: Recorder/Human Resources Summary: This revision has three parts: i. Vacation accruals - Section 4.1(attachment 1) — It is my recommendation that the vacation accrual schedule be revised as follows: • Exempt and Non -Exempt employees accruals —Vacation time is currently accrued beginning at your hire date but employees can't use the accrued time until they have worked six months (Non -Exempt) or one year (Exempt). The proposed revision will give employees access to vacation each pay period. This does not increase the amount of vacation any employee would receive under the current policy, it just changes when employees have access to the accrued vacation time. 2. On Call Policy — Section 3.9 (attachment 2) — Employees that are on call are required to respond seven days a week 24 hours per day for a period of one week. • The current Public Works On -Call Policy is tied to a step and grade pay chart that is no longer being used. This Policy changes the compensation for being on call from a weekly stipend amount roughly equal to $56.00 non -holiday weeks or $75.00 holiday weeks to one hour of pay per day and two hours of pay per day on a holiday. A rough estimate of the average employee is an increase of about $98.00/week when they are on call. This change will institute an On -call policy that is consistent across departments. This models the current Police Department On -call policy. 3. Pay Plan changes: • Pay Plan - Section 3.4 (attachment 3) — modify section to reflect the proposed pay for performance plan. • Exceptions to Basic Pay Plan - Section 3.6 (attachment 3)— modify section to reflect the proposed pay for performance plan. • Classification - Section 7.11(attachment 4) — modify section to reflect the proposed pay for performance plan. Agenda Page 59 of 235 4. Housekeeping changes (a full copy of the manual is available in Google Drive): • Overtime and Compensatory Time Off - Section 3.8G (attachment 2) — updated defined list of Exempt employees to an annual adoption of Exempt Employees in accordance with the pay plan. • Throughout manual - Term "probation period" changed to "introductory period". • Throughout manual - Term `permanent employee" changed to "regular employee" • Section 7.6 Procedures for filling vacancies, Sections 7.12 Reclassification, 7.15 Outside Employment and 7.21 Promotion Job Track — Include HR Coordinator to process to reflect current practice. • Section 7.8 Temporary Appointment — Clarification that "no temporary or seasonal employee may exceed 15o8 hours per calendar year". • Section 7.16 — Remove term "City" • Section 7.25 Statutory Appointees — remove "also described as department heads" • Section 7.25 Statutory Appointees (A) — Change term "Governing Body" to "City Council". • Section 8.1 Causes for Disciplinary Action (H) — change term `monies" to "funds" • Section 8.1 Causes for Disciplinary Action, (N) Harassment, intimidation, threats, or discrimination against to Include "sexual orientation and gender identity" • Section 8.2 Verbal Warning — change "and the reprimand in personnel file" to "subsequently document the reprimand and place documentation in employee's personnel file" • Section 8.7 Discharge — change "concurrence" to "approval" Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of Resolution #33-2o16—A Resolution Amending the Moab Personnel Policies and Procedures Manual Recommended Motion: "I move to approve Resolution #33-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual" Attachment(s): Resolution #33-2016 and Personnel Policies and Procedures Manual Agenda Page 60 of 235 Attachment 1 City of Moab Personnel Policies and Procedures Manual 4.1 Vacation The City provides Vacation Leave to eligible employees for the purpose of -providing employees the opportunity to take paid time off from their job responsibilities in order to maintain a higher standard of mental, emotional and physical conditioning. -This policy is intended to provide a benefit to City employees as well as to the City as an employer by fostering a healthy and productive workforce. -Vacation is meant to be utilized as time away from work, not for an accumulated cash out program. Classified employees, statutory appointees, and contractual employees begin to earn vacation upon commencement of employment and employees are strongly encouraged to take vacations in the year in which it is earned. -The following schedules show the number of vacation days that will be accrued upon completion of each full year of employment: Exempt Employees Vacation hours per pay Maximum Vacation period hours 1st year Upon Hire 3.08 80 Completion of Service Vacation days per year Vacation hours per year First year 10 80 Second year 13 104 Fifth year 18 144 Seventh year 20 160 Tenth year 2422 168173 Thirteenth year 2-324 181192 Sixteenth year 26 208 Nineteenth year 29 232 Non-exempt Employees Vacation hours per pay Maximum Vacation ariodVaeationper hours 1st yearVaeation year .r hours -per -year Upon Hire 3.08 80 End of probationary peril." 44 1r Vacation days per year 80 Vacation hours per year Completion of Service Second year 10 80 Fifth year 13 104 Tenth year 16 128 Fifteenth year 19 152 Twentieth year 24 192 t (A) Accumulation: The number of days of vacation accumulated by a classified employee or statutory appointee shall be limited to one year's entitlement. -If an 12 / 8 / 2 01612 / 7 / 2 01 G 12 / 7 / 2 01 G 11 / 15 / 2 01 GrAper,onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR Reer..a...\o.....,.....el ReFsr...ael 9 Formatted Table Formatted Table Agenda Page 61 of 235 Attachment 1 City of Moab Personnel Policies and Procedures Manual employee is unable to take his/her vacation, the employee will be paid for the unused vacation time only if the introductory period has been successfully completed. at the rate of pay that applied at the time the vacation was earned. (B) Sick leave substitution: If a documented illness that would justify use of sick leave occurs while an employee is on vacation, that time may be counted against any accumulated sick leave if requested by the employee. (C) Payment: Payment for accrued vacation, to the nearest whole hour, shall be made upon retirement, death, or upon termination of employment only if the introductory period has been successfully completed. Vacation pay shall be prorated upon separation of service for compensation purposes. (D) Holidays while on vacation: An authorized City holiday shall not constitute a vacation day, and whenever an authorized holiday falls within an employee's vacation leave, he or she will be entitled to one (1) additional day beyond the specified vacation period. (E) Exempt employees' reporting of leave: Exempt employees shall report leave in eight -hour increments when practical; however, Exempt employees are not obligated to report leave time that will exceed 80 hours in a given pay period. (F) If an employee transfers from Non-exempt status to Exempt status or from Exempt status to Non-exempt status during the term of employment, the employee will accrue vacation hours according to the schedule that corresponds to the new status, but in no case shall an employee lose vacation due to the change in status. (G) Vacation accruals are based on hours worked per pay periodduring the preceding 12 month period. Accruals will be prorated and reduced accordingly to accommodate leave without pay or worker's compensation leave in excess of 12 weeks: Accruals will cease if an employee is on leave without pay or worker's compensation leave in excess of 12 weeks. 4.2 Vacation Scheduling The City will specify when vacation shall be taken and shall consider seniority and preferences in such determination, but in any event, scheduling of vacations shall be at the discretion of the department head.- Every effort will be made by the City to accommodate the employee's requested dates for vacation. 4.3 Sick Leave t Formatted: Keep with next 1. Lurpose The objective of this section is to provide methods of furthering the health and general welfare of city employees, as well as ensuring maximum and reasonable job attendance. 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 Cr:\per,onnel\personnel manual\personnel manual 05 15 travel a mendment.docxl TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR Resr rder\o.....ran.n l Rer-st... ael 10 Formatted: Font: 12 pt Agenda Page 62 of 235 Attachment 1 City of Moab Personnel Policies and Procedures Manual Sick leave should not be viewed as a right to be used at the employee's discretion; rather, it is a privilege of paid time away from work duties in the event of one of the following circumstance: 1. Actual illness or injury of the employee that occurred away from the job setting, except where such injury/illness occurred in connection with off -duty (outside) employment; 2. The employee's exposure to a contagious disease; 3. Where the employee's medical attention to an immediate family member, as defined in these personnel rules, is required due to the immediate family member's illness or injury; 4. Medical or dental appointments of the employee, or employee's immediate family members, when such appointments cannot be arranged during off -duty hours, and when the employee's immediate family member is incapable of independently attending such appointments; 5. Emergency leave due to the death or imminent death of family members. Immediate family includes the employee's parents, step-parents, children, step -children, siblings, grandparents, and in-laws. 2. accruals and Balances Formatted: Font: Not Bold 16iNo additional hours over the maximum shall be accrued. Probationary employees: Sick leave shall accrue at a rate of 4 hours per pay period., but shall not be available until after six (6) months of service for probationary employees. 4.4 Administration of Sick Leave (A) Report requirement: In order to be paid for sick leave, an employee must notify the department head, or the person designated by the department head to receive such notice, within a reasonable time prior to the start of the work shift. -For purposes of sick leave notification requirements and at the supervisor's discretion, cell phone text messages and online instant messaging may not be considered official notifications. (B) Illness or accident: When it is established to the City's satisfaction that an employee is incapacitated because of sickness or injury to a degree that he or she would not be able to perform his/her duties safely, sick leave, if accumulated, will be granted, or if the employee does not have any sick leave, the time will be deducted from other leave balances. (C) Death in family: When death occurs in the employee's immediate family, sick leave will be granted. Department heads may approve an employees' use of sick leave to attend funerals. (D) Medical certification: Medical certification may be required to substantiate sick 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 Cr:\per_onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR o..sessler\Person.nel Rees .. ne4 11 .Formatted: Personnel List, Indent: Left: 1.25' Agenda Page 63 of 235 Attachment 2 City of Moab Personnel Policies and Procedures Manual compensatory time or overtime pay. Exceptions to this policy must be approved in advance, in writing by the City Manager. (D) Overtime: With the exception of exempt employees and non-exempt police officers, all employees who work overtime will be paid at the rate of one and one- half times the hourly rate of pay. Overtime is that time worked in excess of forty (40) hours in a work week and does not include time such as vacation leave, sick leave, holidays, etc. Non-exempt police officers shall receive straight hourly pay for work exceeding eighty (80) hours in a pay period, until they exceed eighty-six (86) hours. When non-exempt police officers exceed 86 hours in a pay period they will receive pay at one and one-half times their hourly rate, for such excess. Pursuant to section 7 (k) of the Fair Labor Standards Act, the City establishes a fourteen (14) day pay period for all employees, including public safety employees. This section allows the City to exempt police officers from overtime pay, at time and one-half, until the employee exceeds 86 hours in a pay period. (E) Time included: In determining completion of 40 work hours in a work week or 80 work hours in a two -week pay period, holidays and authorized absences shall be excluded. (F) On Call/Minimum hours: The department head may establish a minimum period of overtime for employees who are "on call" and are required to leave an available phone number for contact. Employees who are routinely issued radios and/or pagers are not deemed to be on call for these purposes. The department head may also establish a minimum period of overtime for calls to work, such as court appearances, where the work is canceled upon or after arrival of the employee. (G) Eligibility: In general, all non-exempt employees are eligible for overtime. Employees who are identified as exempt status employees are not eligible for overtime or compensatory time. Exempt Employees will be defined annually in accordance with the pay p1an.Exempt employees are identified as the following: City Manager, Recorder, Treasurer, Chief of Police, and Public Works Director. (H) Emergency declaration: In the event of a disaster or emergency officially declared as such by an appropriate official, any employee may be required to work overtime to preserve the peace or to protect the general health, safety and welfare of the City. 3.9 On -Call Duty (Public Works) (A) There is a need within the Public Works Department for a limited number of employees to be accessible 24 hours a day and seven days a week to respond to unsafe, unusual and unforeseen events relating to the city's infrastructure.- This function is referred to as On -Call Duty. There will be one employee from the Water Department, Sewer Department and and one employee from the Streets Department assigned to On -Call Duty each week. Each week includes seven days, and all hours that arc not included in another employee's work schedule arc part of the On Call Duty week. (B) The On -Call Duty employee will be available and ready to respond for events 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 CrAper,onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR o..sessle4o.....,.....el o....,.n.nei 7 Agenda Page 64 of 235 Attachment 2 City of Moab Personnel Policies and Procedures Manual relating to their division and will be required to carry the On -Call Duty cellular phone provided by the City. The On -Call Duty schedule will be set by the division superintendent and will be set as far in advance as reasonably possible. All trades and exchanges of On -Call Duty among employees must be approved in advance by the division superintendent. (C) The City will compensate the On -Call Duty employee with a one additional hour per day and two hours on a paid holiday. Duty. The stipend will be calculated by paying one hour at the rate of a Grade 7 Step Min wage multiplied by 4. If the On Call Duty week includes a holiday, the came formula will apply with the exception that the rate will be a Grade 7 Stcp Min wage multiplied by 5. (D) In the event that an employee is called to respond to an incident while performing On -Call Duty, a minimum of 4-2 hours will be reported. additional On Call Duty will be compensated at the overtime rate multiplier of 1.5 of the employee's regular rate of pay. Each call out will be treated separately for the purposes of compensation, with the exception of multiple calls during an active call out (the employee has not yet returned to their home residence). On -Call hours can be converted to comp time as per Section 3.8 C. 3.10 Separation Pay All employees who terminate shall be required to return all keys, tools, safety equipment, and other City property and clear all financial obligations related to employment prior to receiving their final paycheck. In the event the employee does not clear the above obligations, the value of the equipment, property, or any remaining financial obligation to the City shall be deducted from their final paycheck. Final paychecks shall be issued through the City Recorder's offices and shall include compensation for all unused annual leave, excluding sick leave Program II, compensatory time and vacation time3. 3.11 Severance Pay When classified employees are separated from City employment as a result of a reduction in force, or through no fault of the employee, and the circumstances require immediate action by management, thereby not permitting a two (2) week notice, the employee shall be paid two (2) weeks' severance pay in lieu of two (2) weeks' notice.- Severance pay for statutory appointees is addressed in Section 7.25 of these rules. 3.12 Pay Advancements The City will not make pay advances to any employees. -A pay advance is any compensation advanced to a non -separated employee prior to the completion of the pay period. ARTICLE IV - BENEFITS 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 CrAper,onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR o..sessle4o.....,.....el o....,.n.nei 8 Agenda Page 65 of 235 Attachment 3 City of Moab Personnel Policies and Procedures Manual (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. 3.4 Step-Inerem ^* Pap Plan A pay plan for all compensated positions with Moab City shall be presented to the City Council annually for review and approval with a recommendation from the Personnel Officer. Employees Positions within Moab City are classified according to pay ranges, each of which includes a minimum, mid point and maximum series of pay steps, ,beginning with the minimum, or entry level, salary for the position. The pay steps within a pay range may extend indefinitely. This classification system will be called the position classification chart. Non classified/exempt employees may be listed in the position classification chart for reference purposes only. Progression of an employee through the pay ranges along the pay planin the salary range shall be determined en -via the av for performance policvthc basis of the merit of the employee.- Salary increases along the step increment pay plan may be awarded after the completion of an evaluation of the employee's performance -by the employee's superior, and upon approval of the employee's supervisor, the department head HR Coordinator and the City ManagerPersonnel Officer. Eligibility for salary increases may be limited by budgetary considerations as determined by the City ManagerPersonnel Officer. Evaluations of job performance should shall be performed at the end of the employee's prebatieneFyintroductory period and annually on the employment date of the employee.- Other periodic evaluations of employee performance may be performed.- Pay ranges may be adjusted periodically on the basis of annual surveys of salaries paid for comparable work in other municipalities within the State of Utah, within the limits of federal wage and price guidelines. 3.5 Cost of Living Adjustments to Pay Rate Schedule The City Council, upon recommendation from the City Manager, may make periodic adjustments to the Pay Rate Schedule in order to accommodate increases in the cost of living. Standard state and national measures shall be used in determining cost of living adjustments. 3.6 Exceptions to Basic Pay Plan Part-time and temporary employees are included in the step increment pay plan, and may receive merit increases based on performance considerations within the limits of the pay range and within the limits of federal wage and price guidelines. The pay ranges for these positions may also be adjusted periodically on the basis of salary surveys. 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 CrAper,onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR o..sessle4o.....,.....el o....,.n.nei 5 Agenda Page 66 of 235 Attachment 4 City of Moab Personnel Policies and Procedures Manual receive benefits accruable under their full-time status and will be permitted to return to their previous position at the end of the temporary appointment. 7.9 Emergency Appointment Emergency appointments may be made by the appropriate appointing authority without regard to the rules governing other appointments, in the event of an emergency which may result in the loss of public property or danger or serious inconvenience to the public, or any circumstance which may be contrary to the interest of the general public health, safety, or welfare. 7.10 Part-time Employees A part-time employee is any employee filling a position budgeted for less than thirty (30) per week, but not to exceed 1,508 hours total in a payroll year. This includes employees who work on -call or in reserve programs maintained by certain departments.- Such employees are compensated only for actual hours worked and are not eligible for any benefits of employment except those required by law or otherwise provided in these rules. (A) Use: -Part-time appointments on a continuing, seasonal, or temporary basis shall be made when it is in the City's best interest to employ persons less than the regularly scheduled number of hours per day, days per week, weeks per month, or months per year. (B) Pay: All part-time employees hired to work on a regular basis by the City shall be paid on an hourly basis.- Starting salary and pay advancement within the respective category shall be recommended by the department head and approved by the City Manager. (C) Part-time employees shall be recruited and hired through the same practices and procedures used in recruitment and hiring of classified employees to the extent practical. 7.11 Classification All City positions are evaluated on a set of factors (e.g., job knowledge, supervisory responsibility, accountability difficulty and working eenditiensenvironment) from which each is assigned a relative relationship to all other City positions. -The position is then assigned a grade _to which a specific salary range is assigned and indicated on a salary plan. -All elassinedregular employees receive compensation according to the classification of the position for which they are hired. Most employees will be hired at the minimum point of the salary step -range of the plan for their position and they may progress through the salary range as performance and time warrants such advancement. Appointment may be at a step higher than the minimum if approved by the City Manager. 12 / 8 / 2 01612 / 7 / 2 01512 / 7 / 2 01 G 11 / 15 / 2 01 CrAper,onnel\personnel manual\personnel manual 05 15 travel a mendment.dood TRANSFERED\Agenda Draft Documents \12-13-2016\Dani\Proposed Personnel Manual 1-17 dme rev.docxR o..sessle4o.....,.....el o....,.. ne4 42 Agenda Page 67 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 11, 2016 Agenda item #: 7-4 Title: Approval of Proposed Resolution #32-2016 — A Resolution Designating Depositories for Moab City Funds Fiscal Impact: N/A Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: N/A Background/Summary: Whenever we experience a change in staffing, we are required to update the authorized signatories on all of our financial accounts. You may recall that I have a new employee in my department and so an update is required. You may also notice that one Councilmember is listed as well. That Councilmember serves as a backup for our two signature requirement. If no one is available to side for either the Treasurer or Recorder departments the Councilmember can serve as a substitute signature. This rarely ever happens. 1 Options: Approve, deny or postpone Staff Recommendation: Approve Recommended Motion: I move to approve proposed resolution #32-2016 Attachment(s): Proposed Resolution #32-2016 Agenda Page 68 of 235 RESOLUTION #32-2oi6 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion's First National Bank 330 South Main Moab, Utah 84532 Wells Fargo Bank 4 North Main Street Moab, Utah 84532 Mountain America Credit Union i047 South Main St. Moab, Utah 84532 Utah Public Treasurer's Investment Fund E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Special Meeting of the Moab City Council of the City of Moab, held on the 2ist day of November, 2013, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Recorder, Rachel Stenta Treasurer, Jennie Ross Deputy Recorder, Danielle Guerrero Deputy Recorder, Jamie Hulce Deputy Treasurer, Chantel Lindsay City Councilmember Kyle Bailey NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion's First National Bank of Moab, Wells Fargo Bank of Moab or Mountain America Credit Union may be withdrawn by the combined signatures of one (i) of the Recorder or Deputy Recorder and any one (i) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Councilmember shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (i) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (i) City Councilmember. PASSED, ADOPTED, APPROVED AND EFFECTIVE this i3t" day of December, 2016 in open Council at Moab, Utah. Attest: Rachel E. Stenta City Recorder Approved: David L. Sakrison Mayor Resolution #32-2016 Agenda Page 1 of 1 Page 69 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda ltem #: 7-5 [I Title: Approval of Budgeted Purchase of Envirosight Rover X Camera System Software & Build out. Fiscal Impact: Not to exceed $195,000.00 Staff Presenter(s): Public Works Department Department: Sewer Background/Summary: Requesting a budgeted purchase of Envirosight Rover X Camera System Software & build out primarily through NJPA also a small under $10,000 direct purchase. After extensive research the Sewer Department feels this camera best suits the needs of the city. Options: Approve Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with Policy and Purchasing Procedures. Recommended Motion: Approve the purchase for the amount of $184,459.02 Attachment(s): Envirosight Quote on NJPA Envirosight Quote not on NJPA Envirosight Notice of Award from NJPA Salt Lake City Public Notice of purchase of equipment on NJPA NJPA Information flyer Agenda Page 70 of 235 Neverest Equipment Company 6681 Colorado Blvd Unit 5 Commerce City, CO 80022 (303)227-7686 Quote Bill To Wastewater Department - Moab, Utah City of Moab 217 E. Center St. Moab, UT 84532 Ship To Obe Tejada Sewer Superintendent City of Moab 217 E. Center St Moab, UT 84532 Account # Quote it Quote Data Valld Thru Terms Rep. Ship Via FOB 1503 1132 10/19/2016 11/18/2016 Nat 30 JClark , Product Description Quantity Unit Price Total Price E-RX-SY5 TRUCK_ BASIC ROWER X BASIC TRUCK SYSTEM WITH VC200 CONTROLLER 1.00' 69,305,60 69,305.60 E-564-0900.00 Remote Lift Accessory for Rower X 1.00 12,230A0 12,230.40 E-569-0900-00 Crawler Extension 1.00 10,192.00 10,192.00 E-559-0900-00 (Replaced by E-559-0900-01) LED Auxiliary Light with Backeye Camera for ROWER 1.00 4,586.40 4,586.40 E-000-0035-00 Top Manhole Cable Roller Aluminum frame and rubber wheel with bearings protects cable from manhole top cover edge and reduces friction to improves crawler performance. 1.00 333.35 333,35 Forts Transit Build out to customer supplied chassis - specifications attached - you must include one power option 1.00 16,027.00 16,027.00 MEPS FORD Power 6.3Kw MEPS FORD Power Unit Package Unit Package Verify Cost on this item on NJPA 1.00 11,904.00 11,904.00 WALL MOUNTED Wall Mounted Heater HEATER 1.00 254.00 254.00 HAND SPOT 12V Hand Held Spot 1.00 145.00 145.00 4 CORNER MOUNTED LED STROBES 4 comer mounted LED Strobes 1.00 566.00 566.00 FRONT ROOF MOUNTED STROBE Front Roof Mounted Strobe 1.00 148.00 148.00 REAR ROOF MOUNTED STROBE Rear Roof Mounted Strobe 1.00 148.00 148.00 BACKUP ALARM Back-up Alarm 1.00 290.00 290.00 BACKUP CAMERA Back-up Camera 1.00 510.00 510.00 Page 1 of 3 Agenda Page 71 of 235 Neverest Equipment Company 6681 Colorado Blvd Unit 5 Commerce City, CO 80022 (303)227-7686 Quote BIII To Wastewater Department - Moab, Utah City of Moab 217 E. Center St. Moab, UT 84532 Ship To Obe Tejada Sewer Superintendent City of Moab 217 E. Center St. Moab, UT 84532 Account # Quota # Quote Date Valid Thnr Terms Rep. Ship Via FOB 1503 1132 10/19/2016 11/1812016 Net 30 JClark Product Description Quantity Unit Price Total Price TOOL PACKAGE Shovel, Pick, Sledge Hammer, 8 Manhole Hook 1.00 237.00 237.00 SINK Sink with Installation and Grey Water Tank 1.00 833.00 833.00 ROOF MOUNTED AC Roof Mounted AC unit - includes Wiring Harness, Digital Thermostat, and Installation 1.00 1,323,00 1,323.00 COMPUTER MONITOR 19" Tru-Vu Computer Monitor (required for Rack Mount) 1.00 652.00 652.00 MULTI -MONITOR MOUNT Multi -Monitor Mount far Office Area (required for SAT and/or Rack Mount) 1.00 453.00 453.00 12V RECEPTACLE 12 V Receptable in Rear 1.00 160.00 160.00 MAGNETIC TOOL HOLDERS OVER WORK Magnetic Tool Holders over Workbench 1.00 136.00 136.00 FRONT BUMPER CONE STORAGE Front Bumper Cone Storage 1.00 113.00 113.00 E-PA-RACKMOUNT- 01 Rackmaunl Computer 1.00 2,935.30 2,935.30 E-000-0057-10 WinCan V8 VITEC card for MPEG 1/2/4 1.00 2,038.40 2,038A0 E-WIN-ULT -Ali Modules listed in Professional Package - Manhole Module - Photo Assist Module - Lateral Module - WinCan Validator Module - Report Generator Module 1.00 11,211.20 11,211.20 E-WINCANTRAININ G-00 2-Day WinCan V8 Training Package 1,00 3,393.94 3,393.94 E-W1NCANSERVIC E AGREEMENT Basic WinCan Support 1.00 1,528,80 1,528.80 Page 2 of 3 Agenda Page 72 of 235 Neverest Equipment Company 6681 Colorado Blvd Unit 5 Commerce City, CO 80022 (303)227-7686 Quote Bill To Wastewater Department - Moab, Utah City of Moab 217 E. Center St. Moab, UT 84532 Ship To Obe Tejada Sewer Superintendent City of Moab 217 E. Center St. Moab, UT 84532 Account it Quote # Quote Date Valid Thnr Tema Rep. Ship Via _ FOB 1503 1132 10/19/2016 11/18/2016 Net 30 JClark Product Description Quantity Unit Price Total Price E-512-0901-00SP SV and RavverX Cable Retermination Kit 1.00 1,271.93 1,271.93 E-035-0209-00 Flexible Guide Pulley for manhole bottom 1.00 1,014.30 1,014.30 Shipping Shipping and Handling Charge 1.00 3,000,00 3,000.00 E-555-0900-00 RX95 Crawler - Sleerable, with 2 High Performance Motors and 6 wheel drive. Weight approx 4kg, brass, for diameters from 100 up to approx 200mm, including standard wheels. With pressure indicator, inclinationa nd lilt sensors, Location Transmitter. 1.00 12,740.00 12,740.00 E-581-0900-00 PTP70 II Camera for ROVION RX130 1.00 13,759.20 13,759.20 E-080-0525-00 Large Rubber Wheel for Rower 100 and SV95 4.00 254.80 1,019.20 Taxable Total Tax Rate Tax Amount Discount Rate 184,459.02 0.00 0.00 0.00 Thank you for your Business. Quote Total 184,459.02 Page 3 of 3 Agenda Page 73 of 235 Neverest Equipment Company 6681 Colorado Blvd Unit 5 Commerce City, CO 80022 (303)227-7686 Quote Bill To Wastewater Department - Moab, Utah City of Moab 217 E. Center St. Moab, UT 84532 Ship To Obe Tejada Sewer Superintendent City of Moab 217 E. Center St. Moab, UT 84532 Account N Quote # Quote Data Valid Thru Toms Rep. Ship Via FOB 1503 _ 1270 12/07/2016 01/06/2017 Net 30 JClark , Product Description quantity Unit Price Total Prlca �. E-080-0704-00 - Quick Change Wheel (XXL Rubber ) R0(130 D175 x 881 d12 (QTY 1) I 4.00 535.101 2,140.40 E-080-0706-00 Quick Change Wheel (Medium Grease) for RX130 D120 x 31 ! d12 4.00 338.78 1,355.12 E-080-0711-00 Quick Change Wheel HMS (Medium Aggressive) Wheel D120x31 r d12 4.00 569.13 2,276.52 E-080-0709-00 Quick Change Wheel HMS (Small Aggressive) Wheal D85x18 ! d12 QCD I 4.00 1 431.84 1,727.36 - E-569-0017-00 ° QCD Connector 4x RCR1000 (Adapter for Carriage) 1.00 454.08 454.08 E-080-0705-00 Quick Change Wheel ( Small Grease) RX130 D85 x 18 ! d12 4.00 258.16 . 1,032.64 Soldering Station 1 Soldering Station 1.00 720.00 720.00 ECL-1 ES Camera lifting tool- Camera Swivel Hook 1.00 154.00 L 154.00 _ Shipping Shipping and Handling Charge will apply 1.00 0.00 0.00 Taxable Total Tax Rate Tax Amount Discount Rate 9,860.12 0.00 0.00 0.00 Thank you for your Business. quota Total 9,860.12 Agenda Page 74 of 235 NOTICE OF AWARD TO ENVIROSIGHT, 'LLC Request: for Proposal = 022014 SEWER VACCUM, HYDRO-E=XCAVA T iON, AND/OR STREET SWEEPER EQUii'sti' EN T RELATED ACCESSORiES AND SUPP iES March 18, 2014 Envirosight, LLC 111 Canfield Ave., Unit B3 Randolph, NJ 07869 Dear Ms. Smith: Congratulations! You have been awarded an NJPA national contract for procurement of "Sewer Vacuum, Hydro -Excavation, and/or Street Sweeper Equipment with Related Accessories and Supplies." Your proposal was accepted, deemed responsive, evaluated and recommended for award by NJPA's Bid Evaluation Committee as a solution to meet our members' needs. The NJPA Board of Directors subsequently approved a national contract award to Envirosight, LLC at their monthly meeting on March 18, 2014. This award means that you are now an "NJPA Awarded Contract Vendor" and are part of a select group of world -class vendors. Please find attached the NJPA Acceptance and Award — Forms D and E. Tony Glenz will be your NJPA Contract Manager and will be contacting you soon to advise you on how the contract will be launched and maintained. Tony's contact information is listed below: Office Phone: 218-894-5491 Cell Phone: 218-371-1671 Email: Tony.glenz@njpacoop.org Sincerely, Maureen Knight Contracts and Compliance Manager cc: Tony Glenz 20212`h Street NE • P.O. Box 219 • Staples, MN 56479 Page 75 of 235 d • E+41///;e 'Y el tl .cp; I pit it =(tea it It •Il r �' • rR•_ ,� r• ��r111111+� ill. '' t ,,,,, RFI NUMBER: August4, Moir} DATE ISSUED: DUE DATF, FOR COMMENTS': 1 i:oo a.m., August it, 2014 PROPOSED SUPPLIER: Envirosight, LLC REQUESTING AGENCY: Public Utilities Corporation's intent to procure certain equipment under ' is a public notice of Salt Lake City 022o14-EVS which was solicited, awarded, and administered by This Envirosight's cooperative agreement hydro - the National Joint Powers Alliance (NJPA)• nest for Proposal (REP) for sewer vacuum, response to the Request lies. The RFP was The agreement was awarded in rase with related accessories and supplies. excavation, and f or street sweeper equipment advertised January 9, 2014 in the Salt Lake Tribune. PUBLIC NOTICE ; �•• 1It'Isurty pU1tCI I�t 1tii; & CON'1iuitcI'S MANAGEMENT I .I. 11'INAi�l•K 01.1.P,titf \11:.r,y RFir5oot regarding the Ci�'s intent to procure through cooperativev agreement, *If any party has any comments due date to TiffanyRyd�ilch at please send your comments by SALT LAKE CITY CORPORATION Page e 76 of 235 451 SOUTH STATE STREET, ROOM 235 an Rnx 145455 SALT LAKE. CI'i Y UTAI I a41 14.5455 www SLC111111CHASING COM r1' t. BO! !;15 rsa+ I Ax Agenda, Eigyirosight, underground understood Salt Lake City Corporation - Public Utilities Division 1) Fully Automatic Cable Reel- The cable reel is perfectly synchronized with the travel of the crawler in both directions, to dispense/rewind cable simultaneously with the travel of crawler. Through true synchronization of the crawler and cable reel, the crawler feels less resistance and doesn't need to work as hard; thereby making it far more reliable than systems that require crawler to pull cable off the reel. Damage due to strain and impacts can occur in systems that require the cable reel to drag the crawler backwards upon retrieval. 2) Operating System- The operating protocol of the inspection system must be Can -bus. Six wires vs. the twelve electro-mechanical on other units is easier to re -term and more reliable. Because it is software -based the RovverX system offers "infinite upgradability" with new features frequently added at no additional cost; much like apps on today's tablets & phones. Free remote diagnostics and troubleshooting via pendant Internet connection are a future option. All systems must prove this capability to be accepted. The ability to gain upgrades and features via the internet at no charge is the power of Can - bus. This keeps the RovverX system current with the industry's needs of today and tomorrow. Reduces the need to purchase a new system or new components every few years. Removes the need to send the system in to gain new features and updates. 3) Inspection system hand held controller- The inspection system controller must be a design -dedicated water & shock resistant unit (not a bluetooth game controller.) Unit must be capable of the following functions with no need for additional devices or additional inspection software as an added cost: A) Complete control of the entire inspection system - including all camera, crawler and reel functions. B) Viewing of the inspection via a minimum of an 8" LCD touch screen. C) Complete recording capabilities - to include MPEG 4 recording as well as snapshot (JPEG) capability. D) Generate a complete inclination and inspection report that delivers a scale drawing of the line section, observations and corresponding snapshots of the observations (minimum of 2 snapshots per observation). See attached reports for reference of minimum requirement. E) A separate but complete diagnostic screen as well as the ability to display all diagnostic parameters on screen during inspection. The diagnostics are to include but not limited to: pressures and temperature of a components, electrical current to camera, crawler, and wheel motors and the degree of camera and crawler pitch and roll. F) On screen visual alarms for roll over potential and pressure loss. Page 77 of 235 Etivirosight Agenda E0yirosight, underground understood An all in one 65GB controller allows for greater control by the operator to reduce damage. This pendant can replace up to $10,000 in common computer hardware & software needs on other systems. Greater Ease of Use & Portability; the entire system is removable for relocating to difficult to access areas. Can be operated by one person. The onscreen alarms for rollover & pressure reduce entrapment or damage possibilities. Full recording capabilities as well as reporting functions give the user a more complete inspection. Color backup camera, laser measurement tools, single attachment point swivel and built-in sonde all included. 4) Electronic Clutch- The system must deploy an electronic clutch. The clutch must automatically disengage upon loss of power to allow safe retrieval of the crawler and camera. All other clutch designs require power to perform the disengaging function. Under a power loss or system shutdown situation, these systems require the operator to drag the crawler back with the wheels locked. This can cause significant drive -train and impact damage. Additionally, operator injury can occur where pulling & retrieving these heavier units by hand is required. 5) Remote camera lift- The system must have the ability to add a remote controlled camera lift for large line inspection. The lift must be easily attached to the crawler via a simple locking device and 2 bolts. The lift must have the ability to add auxiliary lighting and an additional back -eye camera. The additional back -eye camera must be able to be elevated with the front viewing camera to avoid flow. Manual lifts or the need for additional crawlers to complete this function will not be accepted. The ability to easily add a lift when needed as well as additional lighting and back-up camera viewing can be invaluable. Larger pipe inspection may not be an everyday occurrence but the ability to perform high flow inspections in medium size pipe (12-18") typically is. Having a manual lift or the need to switch to a much heavier crawler becomes cumbersome and labor intensive. Page 78 of 235 �Ngfrosight Agenda Benefits of NIPA: O Contracts competitively solicited on your behalf O Formal contracting process satisfied -- avoids duplication O Reduced vendor protests • NJPA publicly elected board awards contracts O NJPA is a government entity O NM staff are public employees O Function as our own lead agency O No -cost, liability or obligation membership O Life cycle cost efficiencies O Nationally leveraged vaume pricing O Saves time and money O Eliminates low -bid, low -duality issues O Choice of high quality equipment/products/services: • Nearly 200 national world class vendors • 500+ construction related contracts The Real VALUE 410 of HiP .! National Joint Powers Wince® Mee Fitney berms galipacai oar SHARP, shaw;# wirescon=paw raise meets K,,�ar4i PAcoop.org o 888-896-3950 merwur ©�-� PAT aratmes It's YOURChoice! You know what you're looking for ... so leverage the savings opportunity. With N,JPA's national, competitively solicited contracts, you can get the brands you prefer when you want them. Government, education and non-profit agencies benefit from easy access to high quality products, equipment and services at a competitive price — that's the real value of quaky and sayings, Join today: www.nipacoop.org/join T5. Del !Wet 6 4 1 � nGRAMM Tandus • Centiva tc� IMZEZ1 NEOP ST 1121 JPA National Joint Powers Alliance° O betitiveiy Solicited National Cooperative Contract Solutions c� fD 3 Q !y Page 79 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda ltem #: 7-6 Title: Approval of Budgeted Purchase of 2017 Ford Transit 350 HR Van Fiscal Impact: Not to exceed $30,000.00 Staff Presenter(s): Public Works Department Department: Sewer Background/Summary: Requesting a budgeted purchase of the 2017 Ford Transit 350 HR Van on State Contract for the price of $29,889.42. This is a fleet vehicle purchase on State Contract from Ken Garff Ford. It is a replacement Sewer Camera Van for the 1978 Ford Van that has been used for many years. Options: Approve Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with Policy and Purchasing Procedures. Recommended Motion: Approve the purchase for the amount of $29,889.42 Attachment(s): Ken Garff Quote State of Utah Approved Vendor List Contract Number; AV2528 Agenda Page 80 of 235 CNGP530 VEHICLE ORDER CONFIRMATION 10/26/16 13:58:43 -=> 2017 TRANSIT NA Order No: Q001 Priority: A2 Ord F=N: QS050 Ord Code: 101P_ Cust/Fit Name: MOAB RETAIL W2X TRAN 350 HR VAN $37990 148" WHEELBASE YZ OXFORD WHITE V VINYL K PEWTER /01A PREF EQUIP PKG _XL TRIM 5-1B _MANUAL A/C NC 99M 3.7L TIVCT V6 446 .6--SPD AUTO SST TC8 .235/65R16 SSW X41 4.10 REG X41 NC JOB #1 ORDER FRT LICENSE BKT NC 20C 95004 GVWR NC F1�Help F4=Submit 425 43R 53B 59B 63C 86F 913 F2=Return to Order F5=Add to.Library S099 - PRESS F4 TO SUBMIT MSRP 4 ,5 (D 2 - D State Rebate < ` ) 5 State Fee `-7 ti Fuel `� Other � 2 � . � Quote Customer 1,10 , r2, DLR INV $35901.00 Dealer: F56557 Page: 1 of 1 Order Type: 5B Price Level: 745 PO Number: RETAIL DLR INV 50 STATE EMISS NC NC REV PARK AID 295 272.00 TRAILER TOW PKG 485 447.00 .TRAILR WIR PROV HVY DUTY ALTERN 260 240.00 KEYS 2 ADDL 75 69.00 4X FRT SPEAKERS NC NC NC SP DLR ACCT ADJ (1566.00) SP FLT ACCT CR (1075.00) FUEL CHARGE B.28 B4A NET 7NV FLT OPT NC 7.00 NC DEST AND DELIV 1195 1195.00 TOTAL BASE AND OPTIONS 40300 35498.28 NC TOTAL 40300 35498.28 NC *THIS IS NOT AN INVOICE* F3/F12-Veh Ord Menu QC082542 Ford 1 Ate, Fork Phone:801-763 M° CaA:801-362-1261 FOX 801-7634895 pmeAlcen9af oom JiM ELLIOTT W East 1000 South American Fork, UT 54003 COMMERCIAL FLEET MANAGER wwwkengerfliorfLoom Agenda FFD027 Page 81 of 235 Oct 26, 2016 11:59:10 AM STATE OF UTAH APPROVED VENDOR LIST CONTRACT NUMBER: AV2528 October 17, 2016 Purchasing Agent: Nick Hughes Phone #: 801.538.3148 Email: nhughes@utah.gov Item: FORD Vendor: 84912A Ken Garff Ford 597 East 1000 American Fork, UT 84003 Remit to: SAME Internet Homepage: www.kengarffford.com General Contact: Jim Elliot / Rob Morgan Telephone: 801-763-6824 / 801-692-9255 Fax number: Email: jime@kengarff.com com 1 robertm4kengarff com Usage Report Contact: SAME Telephone: Reporting Type: Total Brand/trade name: FORD Price: COST TO BE GATHERED BY ELIGIBLE USER PER ATTACHMENT C OF MASTER AGREEMENT Terms: NET 14 DAYS Effective dates: 10/6/2016 through 10/5/2021 (Subject to re -qualification per the provisions of solicitation #NH 17005) This is a new Contract. Solicitation #: NI117005 The administrative fee for this contract is 0.25%. Multiple awards have been issued. The other Master Agreement numbers and Vendors arc in the table below. This Agreement only covers only those items listed in the RFSQ. It is the responsibility of the agency to ensure that other items purchased are invoiced separately. State agencies will place orders directly with the vendor creating a PRC in Finct. Agencies will return to the vendor any invoice which reflects incorrect pricing. This contract information sheet and attached scope summary are for general informational purposes only and arc 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.rov, for updated information. Please contact the Purchasing Agent listed above if you have questions or concerns. Agenda Page 82 of 235 A-►•oved Vendor List Table fCtreck Each Master Agrecrnent to ensure it is active} VENDOR CATEGORIES QUALIFIED - [ Arry. H Miller Chevrolet Young Chevrolet Ken Carp ke Fj.-Li Larry H Mier Clr:; ' Salt Lake Vaney C"hr Young ChrysttiC f?odps JrkP ROLm Henry. Day Hord Ken Gairff Ford Chevrolet STATE OF UTAH MASTER AGREEMENT NUMBER AV2521 Chevrolet C DJR CDJR C DJR CDR?. Ford Young Hord Larr} R Miller Ford Tony Dmno Fc�Y c�tc3 Ford Ford AV2522 AV2523 AV2524 AV2525 AV2S26 AV2527 AV2528 Ford Toyota AVL529 AV2530 AV753/ AV2S32 Mandatory discounts required to be supplied by each vendor under their respective agreements. Discounts are a floor, with each request for a vehicle, a vendor may offer additional and deeper discounts on to of their floor in order to win any bids. Vendor Dealer % off (MSRP): Dealer °ru off optional equipment. 5% off Larry H Miller Chevrolet 13% off MSRP Young Chevrolet 4% off MSRP 6% off Ken Garff Chrysler Dodge Jeep Ram Police Car 29% Police SUV 16% Light Duty Trucks 24% Heavy Duty Trucks 26% Light Cars (non police) 17% Promaster Vans 24% Zn% off Larry H Miller Chrysler Dodge Jeep Ram 1% off of the listed MSRP before destination and delivery charges. 4% off Salt Lake Valley Chrysler Dodge Jeep Ram 10% off MSRP l0% off Young Chrysler Dodge Jeep Ram 8.51% off MSRP 8.03% off Henry Day Ford 7.5% off MSRP 8% off Ken Garff Ford 10% off MSRP 30% off Agenda Page 83 of 235 Larry H MiIler Ford 12% off MSRP 5% off Young Ford 8.11% off MSRP 4.01% off Tony Divino Toyota 8% off MSRP 10% off Young Toyota 7.52°An off MSRP 8.04% off Please see their respective contracts for more information regarding discounts and/or fleet discounts. INSTRUCTIONS FOR USE OF APPROVED VENDOR LIST In order to assign work under the Approved Vendor List Eligible Users must use a quotation process, listed below, to purchase one or more vehicles based on their needs. During the quotation process an Eligible User will submit a Requested Quote Specification to each Vendor within the manufacturing category, via email or phone quote, on the Approved Vendor List that provides the vehicle(s) required by the Eligible User. Only Vendors on the Approved Vendor List who have been awarded a Master Agreement will be able to participate in the quotation process. Eligible Users must provide a deadline in which the approved Vendors must respond to the quotation process. Eligible Users will then award to the Vendor with the lowest cost that meets the Requested Quote Specifications. Lastly, quotes submitted by Vendors must include all delivery prices. In order to maintain fair and equitable opportunity to compete under the open-ended Approved Vendor List for Statewide vehicles, Eligible Users must adhere to the following steps in purchasing off of the Approved Vendor List: 1. Eligible users must work with their own fleet manager or motor pool personnel that oversee vehicle purchasing. 2. Eligible Users will determine vehicle needs and required features. Eligible Users will develop a worksheet listing the vehicle to be purchased; the delivery schedule; selected optional equipment with the manufacturers equipment codes; exterior and interior colors etc., ("Requested Quote Specifications"). 3. A Requested Quote Specifications should contain all information required to be evaluated and eligible for consideration i.e, specifications for vehicle, time frame for delivery, availability of inventory, etc. For example, if a dealer provides a vehicle at a lower cost but is not able to meet the timeframe requested, the dealer will be considered non -responsive for that individual bid. 4. Eligible Users must then submit the Requested Quote Specifications to each approved Vendor in the manufacturing category which provides the requested inventory item. Eligible Users should identify in their Requested Quote Specification that quotes are being sought under the Statewide Approved Vendor List and seek, at a minimum, all discounts identified in Vendors proposal. 5. Eligible Users must document the procedure used to evaluate the offers. Eligible Users must also provide a deadline in which Vendors must submit responses. 6. Eligible Users must follow the Utah Procurement Code in evaluating bids. 7. Eligible Users must award the lowest responsive and responsible bidder that meets the Requested Quote Specifications. 8. Eligible Users will coordinate with winning Vendor for completion of bid. Executive Branch Agencies falling under the jurisdiction of the State Motor Pool or Division of Fleet Operations will be required to coordinate with State Motor Pool or Division of Fleet before using the AVL. Agenda Page 84 of 235 Fleet Operations Use of the Approved Vendor List: I. State Fleet Operations will build vehicle specifications. These are Fleets most common vehicle purchases (class standards). 2. State Fleet will generate an estimated number of vehicles needed for each class standard. 3. State Fleet will then send these specifications, along with estimated amount of vehicles needed for each class standard, to all vendors on the Approved Vendor List requesting current model year pricing. a. The estimated number does not guarantee purchase of that amount. d. The manufacturer and vendor that meet Fleets requirements for best vehicle in each of these classes, for that model year, will be the vendor of choice for that year. Each class will be looked at separately and will be awarded individually. 5. The pricing that is submitted for each class standard will need to be held throughout the model year buy cycle. 6. As additional vehicle specifications are needed throughout the year, Fleet will follow the above referenced procedures. Pricing received on these specifications will also need to be held for the model year. • Vendors will not be allowed to negotiate additional terms and conditions based on the Scope of Work (provided for in Attachment B: Statewide Vehicle Response Form) or Requested Quote Specifications. • The State of Utah Division of Purchasing may assist Eligible Users in using the open-ended Approved Vendor List. Vendors crust submit a quarterly usage report and administrative fee every quarter. FINET COMMODITY CODE(S): 25100 Motorized Vehicles Agenda Page 85 of 235 e. The State encourages dealerships to carefully consider their dealer profit amount to assure that it is adequate to cover dealership requirements and still provide high quality customer assistance and support, yet slim enough to provide a competitive edge sufficient to win a contract. f. Some -ordering entities who lack the ability to generate an order worksheet may require the dealership's services in providing customer support and assistance. g. The Procurement Manager for this solicitation and award process is: Nicholas D. Hughes, State of Utah Division of Purchasing & General Services Room 3150 State Office Building, Capitol Hill Salt Lake City UT 84114-1061 nhuehesPutah.eov Telephone: (801) 538-3148 Fax: (801) 538-3882 h. Contract(s) resulting from this AVL shall be used by state agencies and may be used by political subdivisions. Dealer(s) agree to furnish the specified vehicles to all state agencies and to political subdivisions (colleges, universities, cities, counties, school districts and other public entities) under the same terms and conditions offered in this AVL. 2. Pricing, Delivery, and Payment: a. The State Intends to pay for manufacturer -to -dealer destination charges. With the exception of a change to pricing and/or destination charges initiated by the manufacturer, the destination charges shall be fixed for the contract period. Changes made by the manufacturer shall be validated by the manufacturer. Any decreases in pricing shall be passed immediately to the State. b. Charges, such as shop/service manuals, third key, decal application, or pass -through code charges may be added to the invoice as separate line items. c. All prices, discounts, equipment, etc./ shall be verifiable. In cases where prices or equipment are in dispute, dealers shall consult directly with the manufacturer and provide to the satisfaction of the ordering entity written documentation to support the price. d. Delivery schedules must be accurate. Dealers should make every effort possible to confirm factory acceptance of order, build date, and scheduled delivery. Dealers shall notify ordering entities within 14 days of order placement. Quoted lead times shall not exceed 30 days. In the event factory acceptance, build date, scheduled delivery date or delivery exceeds the 14 day or 30 day requirements above, the ordering entity may elect to impose a daily fine of up to $10.00 per day or cancel the order without penalty. e. State agencies shall make prompt payment to the dealer according to State established policies. Ordering entities shall make payments within fourteen (14) calendar days from the date of an approved invoice. This clause supersedes the payment time frame specified in Clause 24 of the State's Standard Terms and Conditions. The dealer is authorized to assess a finance charge to all late payments, provided the late payment is clearly the fault of the ordering entity. This finance charge cannot exceed the late payment interest rate as described in Clause 24 in the} State's Standard Terms and Conditions. The dealer shall make prompt payment to the manufacturer. Any invoice from the manufacturer received by the ordering entity will be returned to the dealership for resolution. The State of Utah and Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda Page 86 of 235 f Eligible Users assume no responsibility for unpaid invoices submitted by the manufacturer. f. Prior to delivery of any vehicle, the dealer should make arrangements with the ordering entity for the purpote of conducting a physical inventory of the vehicle(s). Pre -delivery servicing and adjustments shall be made to include (but not limited to) those listed below: i. Ail adjustments required to meet Utah safety inspection requirements and emission control certifications; ii. Tune engine for Eligible Users location altitude; iii. Adjust all accessories to optimal working condition; iv. Inspect electrical, braking and suspension systems; v. Charge battery; vi. Align front end (and rear end if applicable); vii. Inflate tires to optimal pressure; viii. Computer spin balance all wheels including spare; ix. Lubricate engine and chassis. Fill all lubrication reservoirs (crankcase power steering, transmission, differential, power brakes) with appropriate lubricants for current operating temperatures. Affix a plastic static type sticker to upper left windshield advising of the next recommended servicing; x. Service cooling system with permanent type antifreeze and summer coolant for -20 deg. F; and fill windshield washer fluid reservoir(s) with a type suitable to -20 deg. F.; xi. Vehicle(s) shall be ready for immediate operation and should Include a full tank(s) of gas and/or alternative fuel up to $50.00. Cost of gas and/or alternative fuel shall be included in the dealer quote. xil. Vehicie(s) must be clean and thoroughly detailed inside and out prior to delivery. All upholstery and floor protection is to be removed. Manufacturer's floor mats are to be placed, window decals removed and all adhesive cleaned from the vehicle. Vehicle must be delivered free of any decal or other attached item identifying the dealer. The vehicle is expected to be completely cleaned and operational at the time of delivery/pickup; xiii. All Factory defects must be corrected prior to delivery; and xiv. Two (2) sets of pre -tested keys marked with the VIN number. The vehicle key code must be provided, attached to the keys. 3. Registration: a. Dealer agrees to be responsible for properly registering and affixing to ail State agency vehicles the state authorized "EX" type centennial plates prior to delivery. b. Ordering entities may elect to register their own vehicle(s). Should an ordering entity wish to register their own vehicle, the ordering entity will advise the dealer at the time the order is placed. In such case, the dealer should take this into account when delivering a quote. 4. Documentation: a. The following items should be delivered with each vehicle i, Operators (owners) Manual IL Manufacturer's Warranty Information Solicitation NH1.7005 Attachment B: Statewide Vehicle Response Form r Agenda Page 87 of 235 ill. * Original Odometer Statement properly signed iv. * Manufacturer's Statement of Origin (MSO) properly signed v. " Application for Title properly completed and signed vi. Manufacturer's specifications attached to vehicle - vii. Signed pre -delivery checklist certifying completion of the above items, and those listed in Pricing and Delivery. viii. Window Sticker ix. Copy of Odometer Statement for dealership plated vehicles x. Contract of Sale (* Denotes documentation that must be provided only to those entities registering their own vehicle. 5. Advertising: a. No advertising, such as the dealer's name, logo, emblems or license place holders are to be placed on any vehicle ordered under this contract. Dealer will be responsible for any costs incurred for removal of such items if the dealer is not compliant with this clause. 8. Invoice: a. The dealer agrees to deliver a copy of the invoice with the vehicle. The original invoice should be mailed or delivered within 24 hours of the time the vehicle is delivered By signing this RFSQ Response Form, I confirm my company meets or exceeds the minimum requirements outlined in this solicitation. Signatu Printed Name V-e til ea r.)v f E" ' Company Name C 1 E, ' 1 �C Date Solicitation NH1.7005 Attachment B. Statewide Vehicle Response Form Agenda Page 88 of 235 Attachment C: Instructions for AVL use In order to assign work under the Approved Vendor List Eligible Users must use a quotation process, listed below, to purchase one or more vehicles based on their needs. During the quotation process an Eligible User will submit a Requested Quote Specification to each Vendor within the manufacturing category, via email or phone quote, on the Approved Vendor List that provides the vehicle(s) required by the Eligible User. Only Vendors on the Approved Vendor List who have been awarded a Master Agreement will be able to participate in the quotation process. Eligible Users must provide a deadline in which the approved Vendors must respond to the quotation process. Eligible Users will then award to the Vendor with the lowest cost that meets the Requested Quote Specifications. Lastly, quotes submitted by Vendors must include all delivery prices. In order to maintain fair and equitable opportunity to compete under the open-ended Approved Vendor List for Statewide vehicles, Eligible Users must adhere to the following steps in purchasing off of the Approved Vendor List: I. Eligible users must work with their own fleet manager or motor pool personnel that oversee vehicle purchasing. 2. Eligible Users will determine vehicle needs and required features. Eligible Users will develop a worksheet listing the vehicle to be purchased; the delivery schedule; selected optional equipment with the manufacturers equipment codes; exterior and interior colors etc., ("Requested Quote Specifications"). 3. A Requested Quote Specifications should contain all information required to be evaluated and eligible for consideration i.e. specifications for vehicle, time frame for delivery, availability of inventory, etc. For example, if a dealer provides a vehicle at a lower cost but is not able to meet the timeframe requested, the dealer will be considered non- responsive for that individual bid. 4. Eligible Users must then submit the Requested Quote Specifications to each approved Vendor in the manufacturing category which provides the requested inventory item. Eligible Users should identify in their Requested Quote Specification that quotes are being sought under the Statewide Approved Vendor List and seek, at a minimum, all discounts identified in Vendors proposal. 5. Eligible Users must document the procedure used to evaluate the offers. Eligible Users must also provide a deadline in which Vendors must submit responses. 6. Eligible Users must follow the Utah Procurement Code in evaluating bids. 7. EIigible Users must award the lowest responsive and responsible bidder that meets the Requested Quote Specifications. 8. Eligible Users will coordinate with winning Vendor for completion of bid. Executive Branch Agencies falling under the jurisdiction of the State Motor Pool or Division of Fleet Operations will be required to coordinate with State Motor Pool or Division of Fleet before using the AVL. Fleet Operations Use of the Approved Vendor List: 1. State Fleet Operations will build vehicle specifications. These are Fleets most common vehicle purchases (class standards). 2. State Fleet will generate an estimated number of vehicles needed for each class standard. 3. State Fleet will then send these specifications, along with estimated amount of vehicles needed for each class standard, to all vendors on the Approved Vendor List requesting current model year pricing. Agenda Page 89 of 235 Attachment C: Instructions for AVL use a. The estimated number does not guarantee purchase of that amount. 4. The manufacturer and vendor that meet Fleets requirements for best vehicle in each of these classes, for that model year, will be the vendor of choice for that year. Each class will be looked at separately and will be awarded individually. 5. The pricing that is submitted for each class standard will need to be held throughout the model year buy cycle. b. As additional vehicle specifications are needed throughout the year, Fleet will follow the above referenced procedures. Pricing received on these specifications will also need to be held for the model year. • Vendors will not be allowed to negotiate additional terms and conditions based on the Scope of Work (provided for in Attachment B: Statewide Vehicle Response Form) or Requested Quote Specifications. • The State of Utah Division of Purchasing may assist Eligible Users in using the open-ended Approved Vendor List. Agenda Page 90 of 235 2. Dealer Percentage (%) off Manufacturer's Suggested Retail Price (MSRP): The State of Utah seeks a flat minimum percentage discount. Vendors are encouraged to work closely with the manufacturer in obtaining any additional discounts; such as bid assistance, etc., that may be passed on to the State. The State would Ilke each vendor to offer a fixed minimum percentage discount off MSRP for future vehicles purchased under the contract. a. Should a dealer get approved to be on the AVL, the minimum flat rate percentage off MSRP should be a flat rate that will be applied to all purchases conducted as a result of this AVL. In subsequent bids for Requested Vehicle Specifications, dealers may, and are encouraged to offer higher percentage discounts on top of their flat rate discount in order to remain competitive. b. If discounts vary by model, dealer should calculate a minimum flat rate that is acceptable for all models. c. The dealer that provides the highest flat rate discount will receive full points for this category. d. The State of Utah reserves the right to conduct audits to confirm that all minimum flat rate discounts are being honored and applied to all purchases made by Eligible Users. Vendor Response: _Dealer will provide a 10% discount on the Manufacturer's Suggested Retail Price (MSRP). All model lines are included in this discount. 3. Dealer Percentage (%) off optional equipment: The State of Utah seeks a flat minimum percentage discount. Vendors are encouraged to work closely with the manufacturer to provide a minimum percentage discount off manufacturer's optional equipment. The State would like each vendor to offer a fixed minimum percentage discount off optional equipment that Is purchased under the contract. a. Should a dealer get approved to be on the AVL, the minimum flat rate percentage off optional equipment should be a flat rate that will be applied to ail purchases of optional equipment conducted as a result of this AVL. In subsequent bids for Requested Vehicle Specifications) dealers may, and are encouraged to offer higher percentage discounts on top of their flat rate discount in order to remain competitive. b. If discounts off optional equipment vary by model, dealer should calculate a minimum flat rate that is acceptable for all optional equipment. c. The dealer that provides the highest flat rate discount will receive full points for this category. d. The State of Utah reserves the right to conduct audits to confirm that all minimum flat rate discounts are being honored and applied to all purchases made by Eligible Users. Vendor Response: Dealer will provide a 30% discount off the list price of optional equipment. This includes all parts} purchased through our parts or service department. Labor will be at 20% less Customer Labor Rate. Current Customer Labor Rate is $110.00. Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda Page 91 of 235 4. Dealer Service and Maintenance of Warrantied Vehicles: The State of Utah seeks dealerships with successful service and maintenance shops that provide efficient, quality, and exceptional service for vehicles purchased at location. Dealers are encouraged to provide reports that demonstrate quality maintenance and service on warrantied vehicles i.e. reports, certificates, awards, or ratings. Vendor Response: Last month Ford Customer Viewpoint: Our rating of 78.0 was based on S8 out of 106 in Region. Versus the Group Score of 69.4, we are doing better than our nearest competitors. Our dealership has twenty Service Technicians with several Certifications In Ford Warranty repair. Two Master Certified Technicians. Six Technicians with Certifications in various shop competency in the areas of Gasoline Engine Performance and Repair, Steering and Suspension, Electronic Systems, Brakes, Diesel Engine Performance and Repair, Climate Control, Automatic and Manual Transmissions and Drivetrain. The remaining twelve are in training for the completion of their certifications. We also provide next bay priority to government customers. Attached copy of certifications and reports. File (Service_Technician.Training.List.pdf) (Customer.Service.Scoring.Comparted.To.Nation.pdfj 5. Delivery Days: Vendors should list the average number of days for delivery to required location after the vehicle is delivered to dealership. Vendor Response: Our Fleet team will make delivery of ordered vehicles to End Users, between 5 to 10 business days, after received by transport truck to dealership and with End Users cooperation. Unmarked Vehicles will be handled securely and with the continued discretions we have previously provided. IV. Scope of Work 1. Overview: a. This Approved Vendor List ("AVL") and subsequent contracts awarded from this AVL are for vehicle purchases only. Leasing of vehicles is not a part of this AVL and will not be part of the resulting contracts. b. Dealerships are encouraged to work closely with the manufacturer in obtaining any additional discounts; such as bid assistance, etc., that may be passed on to the State. c. All quotes should be inclusive of dealer overhead, profit, registration fees, an initial tanks of gas and/or alternative fuel up to $50.00 per vehicle, preparation and pre -delivery servicing expenses, and on -site customer delivery. d. Contract award will be made after careful evaluation and will be based primarily on the dealership's ability to provide the lowest total price on selected vehicles. Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda Page 92 of 235 II. Pre -Qualification Categories Vendors are to identify the manufacturing category for which it is seeking prequalification. Category Buick and GMC Yes ❑ Nissan Yes E Honda Yes ❑ Chevrolet Yes ❑ Ford YesIA Chrysler/Dodge/Jeep/Ram Yes ❑ Toyota Yes ❑ Subaru Yes ❑ Open (any manufacturer not listed in the above 8 categories) Yes ❑ 111. Statement of Qualifications a. In addition to answers within the text box, dealers are encouraged to expound on information provided by uploading additional attachments to their proposal. Vendors are required to provide the following: 1. Fleet Incentive Discounts: Vendors are encouraged to list and describe the types of fleet discounts and/or incentive rebates. If discounts tnd rebates vary by volume, please list and describe. Vendor Response: GPC— Government Price Concession (Primary, Piggyback or Local) The purpose for GPC is to allow Ford dealers to demonstrate corporate citizenship by providing discounted vehicle pricing exclusively to eligible state and local governmental agencies. CPA — Competitive Price Allowance (56A-Non-Gov.) are unique incentives granted to select commercial fleet customers in response to competitive situations. These offers can only be initiated by a Ford National Account Manager (NAM), Select Account Manager (SAM), or Commercial Business Manager (CBM). Please note: 56A and 56M are not compatible programs and cannot be combined. CAI — Customer Association Incentive (56M-Non-Gov.) National fleet incentives are published each model year and are available to commercial End User Ms. These incentives are also available to government End User FINS in lieu of Government Price Concessions (GPC). Price Protection — Lock in price for model year change. Net Invoice Fleet Option —(B4A) Reduces factory invoice by holdback, fuel and Advertising fees f Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda Page 93 of 235 Attachment B: Statewide Vehicle Response Form Solicitation Number: NH17005 In order to participate in this Request for Statement of Qualifications (RFSQ) for Statewide Vehicle Approved Vendor List, this Response Form must be completed and signed. Completed/signed RFSQ Response Forms must be submitted electronically through the SciQuest. Detailed submission instructions are included in the RFSQ solicitation. VENDOR INFORMATION Company Name: Ken Garff Ford Company Address: 597 East 1000 South American Fork UT, 84003 Local Representative Name: Jim Elliott Local Representative Contact Information: (Phone and Email Address) (801)763-6824 }ime@kengarff.com Company Website: Kengarffford.corn I Protected Information: All protected/proprietary information must be identified in this section of the response by completing the Claim of Business Confidentiality referenced in Section 1.8 of the RFSQ. If the Vendor's response contains protected/proprietary information (refer back to the Protected Information section of this RFSQ for additional information), then Vendor must submit a redacted copy of the response at the same time Vendor submits its response. The redacted copy of the Vendor's _ response must be submitted in compliance with other sections of this document. If there is no protected information, write "None" in this section. Potential Conflicts of Interest: Vendor must identify any conflict, or potential conflict of interest, that might arise during the contract. If no conflicts are identifieed or expected, write "None" in this section. !. _ Mandatory.Minimum Qualifications/Requirements Business license: All Vendors must provide an up to date business license. Have you provided a copy of your business licenseln your proposal submission? Yes V No ❑ Business background and years In business: Vendor must be licensed dealer of manufacturer's products for the last two (2) years. Vendors are encouraged to list any fleet experience during that time, government or commercial. Fleet experience is preferred; however, it is not required. Have you been a licensed dealer for the manufacturer for the past two (2) years? Yes lif No ❑ Acknowledgement and completion of Attachment B: Vendor must acknowledge and complete this Attachment B — Statewide Vehicle Response Form. Have you completed this form and answered all questions contained herein? YesXl No ❑ Soilc+tation NH17005 Attachment B: Statewide Vehicle Response Form F Agenda Page 94 of 235 Attachment C: Instructions for AVL use a. The estimated number does not guarantee purchase of that amount. 4. The manufacturer and vendor that meet Fleets requirements for best vehicle in each of these classes, for that model year, will be the vendor of choice for that year. Each class will be looked at separately and will be awarded individually. 5. The pricing that is submitted for each class standard will need to be held throughout the model year buy cycle. 6. As additional vehicle specifications are needed throughout the year, Fleet will follow the above referenced procedures. Pricing received on these specifications will also need to be held for the model year. • Vendors will not be allowed to negotiate additional terms and conditions based on the Scope of Work (provided for in Attachment S: Statewide Vehicle Response Form) or Requested Quote Specifications. • The State of Utah Division of Purchasing may assist Eligible Users in using the open-ended Approved Vendor List. Agenda Page 95 of 235 City of Moab Regular Council Meeting Schedule 2017 The City of Moab will hold Regular City Council Meetings at 7:00 PM with workshops beginning at 6:30 PM on the second and fourth Tuesdays of each month. All Regular City Council Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: January 10 January 24 February 14 February 28 March 14 March 28 April 11 April 25 May 9 May 23 June 13 June 27 July 11 July 25 August 8 August 22 September 12 September 26 October 10 October 24 November 14 November 28 December 12 December 26 /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 22 and 29, 2016. Agenda Page 96 of 235 City of Moab Holiday Schedule 2017 All City Offices will be closed on the following holidays during 2017: Monday, January 2 Monday, January 16 Monday, February 20 Monday, May 29 Tuesday, July 4 (observed) Monday, July 24 Monday, September 4 Friday, November 10 Thursday, November 23 Friday, November 24 Monay, December 25 /s/ Rachel E. Stenta City Recorder/Assistant City Manager New Year's Day (Observed) Dr. Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Pioneer Day Labor Day Veterans' Day (Observed) Thanksgiving Day Day After Thanksgiving Christmas Day Published in the Times Independent, December 22 and 29, 2016. Agenda Page 97 of 235 Resolution #36-2016 A RESOLUTION APPROVING A ZONING STATUS AGREEMENT FOR THE LIONSBACK RESORT WHEREAS, State and School Institutional Trust Lands Administration has exercised its right of exemption from Moab Land Use Review Processes for the Lionsback Resort; and WHEREAS, the Zoning Status Agreement has been presented to this meeting of the City Council; Now therefore, we, the governing body of the City of Moab do hereby authorize the Mayor to execute the Zoning Status Agreement as presented. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 13TH day of December, 2016. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #36-2016 Agenda Page 98 of 235 Page 1 of 1 MEMORANDUM TO: Mayor David Sakrison, Moab City Council FROM: Christopher G. McAnanyC6.0,~ RE: Lionsback Resort Zoning Status Agreement DATE: December 7, 2016 The City Manager asked that I provide you with a memorandum relating to the Lionsback Resort, and specifically the decision by the State Institutional Trust Lands Administration (SITLA) to seek an exemption from Moab land use review processes. SITLA has asked that the Council approve a "Zoning Status Agreement" addressing this issue at the next Council meeting. This history of this project is long, but I will try to compress this discussion to the current issues. I will be available to discuss this in greater detail at the December 13 Council meeting. The Lionsback project, which contemplates a hotel, restaurant, and various single family homes, sits on land owned by SITLA. The City gave preliminary Master Planned Development (MPD) approval to the project in 2009. An appeal by various objectors was filed, and the case wound its way to the Utah Supreme Court, which declined review, affirming the lower court decisions which were in favor of the City and the developer. The project has lain in a dormant status during the lawsuit and with the down turn in the economy. However, in the spring of 2016 the developer proposed to amend its preliminary approvals to change the hotel concept. This resulted in a dispute as to whether the "new" hotel concept was actually subsumed within the previous approvals. At the staff level the City took the position that new hotel concept for Phase One, which resulted in an apparent expansion from a fifty room casita hotel, to a fifty unit hotel (totaling 150 total rooms), would constitute a major change in the project, and therefore trigger additional review and public hearings under the MPD ordinance. When asked to review this matter, I opined that the new application would require "major change" review under the MPD ordinance, which would require planning commission and City Council public hearingst. The developer is clearly gun shy as to the prospect of future public processes (and possibly lawsuits), and it asked SITLA to get involved. In late October we were informed that SITLA intended to exercise its right under Utah law to exempt this project, at least partially, from local government zoning review. The applicable statute, U.C.A. 10-9a-304(1), specifies that local governments do not possess zoning 1 I based that conclusion on a close reading of the ordinance and an evaluation of the scope of the change application, which alters the building square footage, footprint, parking, and a number of other design elements. I also reached that conclusion based on the practical consideration that bending the City's review process to meet the demands of this developer would invite another legal challenge. Agenda 1 Page 99 of 235 jurisdiction over lands owned by the State of Utah. Specifically, SITLA stated that it was exempting the project from "major change" review, and would consent to City jurisdiction only if this change application was treated as a "minor change" subject only to staff level review. We were presented with a Zoning Status Agreement prepared by SITLA, and over the course of the last month we have had discussions and made changes to that document to protect the interest of the City. These negotiations focused on avoiding further disputes between the developer, SITLA, and the City. Additionally, changes to the draft Agreement focused on the fact that the project has changed since initially approved, and Moab has grown in the interim. In summary, the Agreement provides the following (references are to Sections of the Agreement): 1. The City will review the new hotel concept, Phase One, as a "minor change" under the MPD ordinance, which will be done at the staff level (Section 2.2). 2. Wastewater within the Lionsback development will be conveyed by a private system, and may include the formation of a separate special district to run and maintain the system. This internal system, which includes a number of planned lift stations, was deemed to be a maintenance liability by the City. Instead, the City will take the wastewater at a point where it will gravity flow into the remainder of the City system (Section 4). 3. The City will review traffic impacts associated with Phase One, and may impose reasonable traffic related conditions on approval. However, a new traffic study will not be required until 180 days subsequent to completion of the hotel, and new traffic improvements may be required based on the results of that study either: a) in connection with later phases; or b) if traffic impacts result in dangerous conditions (Section 5) A number of provisions of the original draft were struck from the final document as a result of negotiations. These included provisions whereby SITLA and the developer reserved the right to exempt this project, in whole or in part, from City jurisdiction if in the future the developer was dissatisfied with the results of City decisions. In summary, we believe this Agreement represents a compromise, and the best result that could be obtained, given the state zoning exemption. in the absence of this Agreement, it is likely that SITLA and/or the developer would invoke the zoning exemption in toto, which could take the City out of any further review processes. Alternately, it is likely that the SITLA and/or the developer would sue the City seeking a determination of its rights under the statute and the existing development approvals. In turn, the City would likely sue to defend the integrity of the land use decisions entered into by all parties. Litigation would likely be a costly Agenda 2 Page 100 of 235 and time-consuming distraction for a112. We concluded that a cooperative path was in the best interests of all of the parties. Please let me know if you have questions or concerns. 2 it is still possible that one or more outside parties may challenge this project on different legal grounds. The execution of this Agreement will not have any effect on third parties, a fact which I have stressed repeatedly with SITLA and the developer. Agenda 3 Page 101 of 235 ZONING STATUS AGREEMENT (Lionsback Resort) THIS ZONING STATUS AGREEMENT ("Agreement") is entered into and made effective as of December 13, 2016 ("Effective Date") by and between the City of Moab, a Utah municipal corporation, acting through its City Council ("City"); LB Moab Land Company, LLC, a Colorado limited liability company ("Developer"); and the State of Utah, acting by and through the School and Institutional Trust Lands Administration ("SITLA"). The City, the Developer and SITLA are collectively referred to herein as the "Parties". RECITALS A. The State of Utah, through SITLA, is the owner of a certain parcel of real property situated in Grand County, Utah consisting of 139.95 acres, more or less, more particularly described in the Development Agreement (defined below) ("Property"). B. The State of Utah, through SITLA, is also the owner of certain adjoining property more particularly described in the Development Agreement ("Adjoining Property"). C. Capitalized terms included herein and not otherwise defined shall have the meaning ascribed to the term in the Development Agreement. D. State trust lands managed by SITLA are not subject to municipal planning and zoning regulation pursuant to Utah Code Ann. 10-9a-304, absent consent by SITLA, which may be granted, withheld or withdrawn by SITLA in its discretion. E. Developer and SITLA have entered into a certain SITLA Lease and Development Agreement, as amended, by which Developer is authorized and empowered to seek and obtain development approvals from the City, including the entitlements described herein. F. Use and development of the Property may occur in accordance with and as provided for in the Moab City Code ("City Code") as well as all other applicable laws and regulations of the City of Moab ("Moab City Laws"), subject to the provisions of the Utah Municipal Land Use, Development and Management Act, Utah Code Ann. § 10-9a-101 et seq, including section 10-9a-304 thereof. G. Developer has pursued certain planning and zoning approvals with the City of Moab ("City") concerning the Property, which SITLA has authorized and granted its consent from time to time H. The planning and zoning approvals include the annexation of the Property ("Annexation") into the City, which occurred in accordance with the Moab City Laws and applicable provisions of Utah law, as more specifically described in Exhibit "A". The planning and zoning approvals for the Property also included the zoning of the Property ("Rezoning") in the City's Sensitive Area Resort Zone ("SAR") as provided for in the City Code and the Moab City Laws. I. The planning and zoning approvals for the Property also included reviews and approvals for a Mixed Use Master Planned Development ("MPD") for the Lionsback Project, a mixed use project ("Project"), as also more specifically described in Exhibit "A". J. The approvals granted by the City, including, the Annexation, the Rezoning, and the MPD Approvals, which are collectively referred to as the "City Approvals," authorized the development of the Project as such approvals were reflected by and described in the City Approvals. As further reflected in the Development Agreement and the Pre -Annexation Agreement, the City approved a period of extended Agenda Page 102 of 235 vested rights ("Vested Rights") for the development approvals granted for the Project and Property which ran for 15 years from the date of the Preliminary MPD, through July 27, 2024. K. The Development Agreement further provided that Developer may submit separate development applications associated with the Final MPD for each Phase of the Project ("Final Plat") and with such filing, the Developer is required to submit a Final Plat and a Subdivision Improvement Agreement ("SIA") for the Lots, Parcels and associated onsite and offsite Subdivision Improvements (described in the Development Agreement) to be constructed for the particular Phase, which will be consistent with the Lionsback Phasing Plan. The required onsite and offsite infrastructure improvements ("Subdivision Improvements") for the development in the Project are described in the Development Agreement. L. Developer and SITLA seek to amend elements of the City Approvals granted for the Project, as provided for herein ("City Approvals Amendments"). Developer and SITLA submitted their application dated June 30, 2016 ("City Approvals Amendments Application") seeking approval of the City Approvals Amendments. The City Approvals Amendments Application remains pending with the City. M. SITLA has notified the City, through counsel, of its election to withdraw its consent to local planning and zoning jurisdiction pursuant to Utah Code Ann. 10-9a-304 with respect to the City's review and action on the City Approvals Amendments Application and ongoing future City review of planning and zoning matters affecting and concerning the Property, which is acknowledged by the City. The foregoing notwithstanding, although SITLA maintains that it has the right and authority pursuant to Utah Code Ann. 10-9a-304 to make decisions concerning the use and development of its property without regard to the Moab City Laws and/or the involvement of the City, SITLA recognizes the importance of reasonably coordinating the development of its land with the City and to that end, SITLA has determined to grant its limited consent to local planning and zoning jurisdiction relating to the Property and Project with respect to the City Approvals Amendments, provided that the City review process occurs in the manner provided for herein. N. There exists a potential dispute between the City and SITLA with respect to the extent of any zoning exemption which SITLA may enjoy, given its prior decision to submit the Property to the land use jurisdiction of the City of Moab and the execution by the Developer, with SITLA approval, of various agreements in conjunction with the City Approvals. By entering into this Agreement the City makes no admission as to the scope of any zoning exemption which may be claimed by SITLA, as described in the prefatory recitals, above. O. The Parties desire to enter into this Agreement to reflect the manner that the City Approvals Amendments Application as well as future land use applications concerning the Property and the Project would be handled by the Parties. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated as part of the agreements of the Parties, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Status of City Approvals. Notwithstanding the election by SITLA to withdraw its consent to local planning and zoning jurisdiction relating to the Property and Project pursuant to Utah Code Ann. 10-9a-304, SITLA and Developer agree to comply with the existing terms and conditions of the City Approvals, subject to the pending City Approvals Amendment Application and the other issues addressed herein. It is acknowledged and agreed by the Parties that the terms and conditions of the City Approvals in effect as of the Effective Date, shall remain in full force and effect. It is further acknowledged and agreed Agenda Page 103 of 235 that the City is fully compliant with all commitments, terms, and conditions extant in the City Approvals as of the Effective Date. 2. City Approvals Amendments. 2.1. An amendment to the MPD Approvals is governed by the amendment procedures set forth in Section 17.65.130 of the City Code and is handled as either a Major Amendment (which are reviewed and acted upon by the City Council and/or the City Planning Commission) or Minor Amendment (which are reviewed and acted upon by the Moab City planning department staff). 2.2. SITLA consents to the City's exercise of its local planning and zoning jurisdiction relating to the Property and Project with respect to the review and action on the City Approvals Amendment Application, provided that the City Approvals Amendments Application is deemed to be a Minor Amendment, which will be reviewed and acted upon by the Moab City planning department staff ("City Planning Department") by and through the City Planning Director, not to be unreasonably delayed or conditioned, and which would not require a public hearing. The City Planning Department may impose reasonable conditions upon the approval of the Amendment Application which are generally consistent with the intent expressed in the MPD Approvals, applicable ordinances, and/or the needs of the Project. SITLA and Developer agree to be bound by the results of that minor plan review process, subject to applicable appeal procedures. 2.3. Following the action by the City Planning Department on the City Approvals Amendments Application, the Parties recognize and agree that the Development Agreement must be amended to reflect the changes to the MPD Approvals resulting from the City's approval of the City Approvals Amendments, which the City agrees to cooperate and assist in drafting and executing, which will not be unreasonably delayed or conditioned. SITLA consents to the Parties execution of an appropriate amendment to the Development Agreement reflecting the approval of the City Approvals Amendment Application. A list of outstanding items related to the final MPD and Plat Approvals is attached hereto as Exhibit `B" and incorporated by reference. 3. Provision of Water and Sewer Service to the Property and Project. The City confirms, acknowledges and agrees that the City shall provide municipal water and sewer service to Developer to serve the Project and Property, in form and manner contemplated by the City Approvals, which service will be based upon uniform terms, conditions and specifications as well as on fees and charges uniformly charged to other persons or entities in the City. 4. Special Districts. Developer may elect to form a special tax district or improvement district to finance and fund the cost and expense of the installation, operation, repair and maintenance of any and all privately operated water, sewer, road and utilities serving the Property and Project, which are to be paid for by Developer. City agrees to cooperate and assist Developer in connection with the formation of any such district. It is agreed that the City Approvals shall be modified to provide that all wastewater treatment service lines and equipment within the Property shall be privately owned, operated, and maintained, with the City to assume collection, maintenance, and treatment obligations at a point mutually agreed, as designated on the final utility plan approved in connection with Phase One of the Project. 5. Traffic Studies and Related Improvements. Developer, SITLA, and the City agree to confer in good faith with respect to traffic impacts which will be generated in connection with the Amendment Plan which is currently under review, and with respect to traffic improvements (including off -site improvements) which may be necessitated by the Amendment Plan and/or future phases of the Agenda J Page 104 of 235 Project. An updated traffic impact study prepared by a licensed engineer shall be submitted to the City no later than six (6) months from the date of the issuance of a certificate of occupancy for the hotel comprising Phase One of the Project. SITLA and Developer agree that the City may require Developer to install additional traffic related improvements: a) in conjunction with future phases of development on the Property; or b) if traffic impacts from Phase One result in unacceptable or dangerous vehicular or pedestrian traffic conditions on roads providing access to the Property. Any additional traffic related improvements which may be required by the City and installed by the Developer in conjunction with the Amendment Plan and/or future phases of the Project must be reasonable and proportional to traffic impacts generated by the development of the Property, as identified by the updated traffic study. 6. Engineer Review By City. The Parties agree that any engineer reviews to be conducted by the City in connection with the review and approval of plans, plats and other documents submitted by Developer to the City from time to time may be handled by a duly qualified engineer mutually agreed to by the City, Developer and SITLA, which reviews shall occur in a reason manner, not to be unreasonably delayed. 7. Review of Final Plats and Permits. SITLA consents to the City's exercise of its local planning and zoning jurisdiction with respect to future final plats, permits and other reviews required to be undertaken by the City pursuant to the City Code, which the City agrees will occur administratively by the City Planning Department, without a requirement for a public hearing. The Parties acknowledge and agree that development of improvements on lots in the Project will comply with all applicable building codes as uniformly applied to similar property in the City. 8. Future Amendments to City Approvals. In the event that Developer and SITLA seek to pursue other amendments to the City Approvals and/or to pursue new approvals for the Property and Project, including the Adjoining Property, the Parties shall meet and confer in good faith and discuss the nature and extent of the City review requirements. The City Planning Department may impose reasonable conditions upon the approval of future amendments and new approvals which are generally consistent with the intent expressed in the MPD Approvals, applicable ordinances, and/or the needs of the Project. Such approvals shall not be unreasonably delayed or conditioned, and shall be subject to applicable appeal procedures. 9. Miscellaneous. 9.1 Amendment of Agreement. Except as otherwise provided herein, this Agreement may be amended from time to time by mutual consent of the original Parties or their successors in interest in writing. 9.2 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Utah. The exclusive venue for any dispute arising under this Agreement shall be the courts of Grand County, Utah. 9.3 Performances. Time is of the essence of this Declaration and for the performance of each of the duties and obligations provided herein. 9.4 Severabilitp. Wherever possible, each provision of this Declaration shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Declaration shall be found invalid or unenforceable, this shall not affect the validity of the remaining provisions of this Declaration, and the remaining provisions shall remain in full force and effect. 9.5 No Waiver. Failure of a Party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such Party to exercise at some future Agenda Page 105 of 235 time said right or to enforce any other right it may have hereunder. 9.6 Parties' Representations. In entering into this Agreement, the Parties acknowledge and agree and represent and warrant to each other as follows: (a) that they will perform their duties and obligations in a commercially reasonable and good faith manner and that this commitment is being relied upon by each other Party; and (b) that the Party has actual and express authority to execute this Agreement, has taken all actions necessary to obtain such authorization, the Agreement constitutes a binding obligation of the Party and the person signing below is duly authorized and empowered to execute this Agreement. 9.7 Notices. The contact addresses of the Parties are as follows: LB Moab Land Company, LLC City of Moab State of Utah, acting by and Post Office Box 967 217 East Center Street through the School and Moab, UT 84532 Moab, Utah 84532 Institutional Trust Lands Cell 970-708-1896 Attention: City Manager Administration Email: badgermoabAgmail.com Phone: 435-259-5121 675 East 500 South, Suite 500 Fax: 435-259-4135 Salt Lake City, Utah 84102 Email: Attn. Development Group With a Copy to With a Copy to With a Copy to Thomas G. Kennedy, Esquire Christopher G. McAnany P.O. Box 3081 Telluride, CO 81435 Dufford, Waldeck, Milburn & Krohn, LLP Phone: (970) 728-2424 744 Horizon Court, Suite 300 Fax: (970) 728-9439 Grand Junction, CO 81506 Email: tom@tklaw.net Phone: (970) 241-5500 Fax: (970) 243-7738 Email:mcanany@dwmk.com 9.8 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or sections of this Agreement. 9.9 Counterparts; Facsimile. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement, which may be transmitted by canned/email or facsimile signature pages. Agenda Page 106 of 235 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by a duly authorized representative of Developer, as of the Effective Date. CITY: City of Moab, a Utah municipal corporation By: Date: Printed Name: Title: SITLA The State of Utah, acting by and through the School and Institutional Trust Lands Administration By: Date: Printed Name: Title: COMPANY: LB Moab Land Company, LLC, a Colorado limited liability Developer By: Date: Printed Name: Title: Agenda Page 107 of 235 EXHIBIT A (Annexation and Planning/Zoning Approvals) The Annexation of the Property occurred pursuant to and in accordance with the following documents: (i) City of Moab Ordinance No. 2008-20 ("Annexation Ordinance") dated December 9, 2008 and recorded on February 23, 2009 in Book 744, Page 407- 423 with the Clerk and Recorder for Grand County, Utah ("Official Records"); (ii) The Pre -Annexation Agreement dated October 28, 2008 and recorded on February 23, 2009 in Book 744, Page 407-423 in the Official Records ("Pre - Annexation Agreement"); and (iii) The Annexation Map recorded February 23, 2009 in Book 744, Page 424 in the Official Records ("Annexation Map"); The Property has received the following planning and zoning approvals ("MPD Approvals"): (i) Concept MPD. At a duly noticed and conducted public hearing/meeting, the City of Moab Planning Commission ("Planning Commission") reviewed and approved the Development Application associated with the Concept Plan/Master Planned Development ("Concept MPD"), subject to conditions stated in the document reflecting the Concept MPD approval. (ii) Preliminary MPD. (a) At a duly noticed and conducted public hearing/meeting, the Planning Commission reviewed and recommended approval of the Development Application associated with the Preliminary Plan/Master Planned Development ("Preliminary MPD") to the City of Moab City Council ("City Council'). (b) At a duly noticed and conducted public hearing/meeting, the City Council reviewed and approved the Development Application for the "Lionsback Development Plan' associated with the Preliminary MPD, subject to conditions stated in the document reflecting the Preliminary MPD approval (a copy of which is on file with the City). (c) The City, Developer and SITLA executed a certain Development and Phasing Agreement for Lionsback Resort dated July 28, 2009 ("Development Agreement"). The Development and Phasing Agreement, among other things, included the "Lionsback Development Plan" as reflected in the Development Approvals is on file with the City, approved the proposed land use and phasing plan for the Project and noted the allocation of infrastructure improvements required for the Project. (d) The Development Agreement incorporated an approved Phasing Plan for the Property as well as the Adjoining Property and Project. Developer contemplates that the Project will consist of five phases (each a "Phase"). The Lionsback Phasing Plan depicts the Phases for the Project and establishes the Lots, Parcels, uses and Subdivision Improvements (defined below) for the Project. 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ONV „3210d39. 310N ONIMV110 r puei geow w Page 111 of 235 31IS 131OH 03AO8ddV SNH orc oM w 8 .o HVll1 SVOW 1110838 / 131OH MOV98NOIl oThimm 3O1,1VH0 JO TAIV • ■ 103111-1021V 83H1O A9lumens 031111N3 Sf1O -IA321d 213d 031d1213A 38 01f1OHS 031d100W 3SOH1 NVHl 83H1O 213211O S21381Nf1N llV 10311H021V 213H1ONV A8 0321Vd321d SONIMV210 WO21d 03A12130 38V13S SIHl NI 031V1f101V00NV 0311,13S321d321 SV'S1N121d100d 0NV S3NI11O1,31,4VS„ ONV,321Od38. 31ON ONIM1/710 r DTI puei geolA 71 oianls a3izv10 11IH S>IH Hvin'VOW 1110333 / 1310H MOVBSNOII Page 113 of 235 DTI pUel geOW illiAGENDA SUMMARY December 13, 2016 Agenda Item #:7-14 Title: Approval of Resolution # 34-2016 that proposes to adopt fee changes for Moab City Sports and the Moab City Parks and Facilities into their associated fee structures. Fiscal Impact: N/A Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director Department: Recreation Applicant: n/a Background/Summary: We are proposing minor changes to the fee schedule for Moab City Sports and the Parks and Facilities fees. There was a typo for Youth Flag Football and it should have stated $45 not $35 and changed 8t" grade football to Middle School Football since it includes 7th grade as well. Attached you will also find documents that list all the proposed Park and Facilities fees for the 2016/2017 year with some fees that are planned to go into place starting January 1st, 2017. These fees have been updated with some extra language and minor alterations to a few fees, and changes have been made in red. The current fee schedules were passed in July, but after review some of the wording and fees needed updating. City Staff is available to discuss any specific details of proposal, and answer any questions that the City Council may have. Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the resolution to adopt fee changes for the Moab City Parks and Facilities and their associated fee structures. Recommended Motion: I move to approve the resolution to adopt fee changes for Moab City Sports and Moab City Parks and Facilities and their associated fee structures Attachment(s): Exhibit A — Parks and Facilities Fees Exhibit B — Moab City Sports Fees Agenda Page 114 of 235 RESOLUTION # 34-2016 A RESOLUTION AMENDING THE FEE SCHEDULE FOR THE MOAB RECREATION AND PARKS AND FACILITIES WHEREAS, the City of Moab establishes fees for city services by resolution; and WHEREAS, the City of Moab Recreation Department and Parks has determined that there fees that should be adjusted or wording modified within the fee structure, to help offset increasing operating costs and provide more opportunities for the citizens of the City of Moab. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT THE FEES FOR THE CITY OF MOAB RECREATION DEPARTMENT AND PARKS SHOWN AS EXHIBITS A, B, & C HERETO. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 13th day of December, 2016. ATTEST: Rachel E. Stenta City Recorder Resolution # 34-2016 Mayor David L. Sakrison Page 1 of 1 Agenda Page 115 of 235 Park/Facility Reservations Rates Rotary Park Reservation 4 hours or less Reservation all day (More than 4 hours) Damage and Cleanup Deposi Amplified Music Old City Park Shelter Reservation 4 hours or less Sheller Reservation all day (More than 4 hours) Damage and Cleanup Deposi Stage Rental Amplified Music Swanny Park Rate Out of Town Rate In Town $50 $110 $200 $40 $50 $200 $35 $85 $150 $30 $35 $85 $150 $40, $25 w/ Sheller $25, $15 w/ Sheller $40 $30 Less than 25% of Pa or Gazebo 4 hours or less (Blocked for Large Events) $55 $35 Less than 25% of park or Gazebo More than 4 hours (Blocked for Large Events) Use of more than 25% of park less than 4 hou 25 $75 $85 $60 Use of more than 25% of park 4-8 hours 25 $105 All day use of entire park $600 $475 Damage and Cleanup Deposi $200 $150 Damage and Cleanup Deposit for Entire park rental $400 $300 Amplified Music $40 $30 Center St. Ballfield Non-profit/Resident Use (No admission fees) $20/hr, 115/day $15/hr, $100/day Non-profit/Resident Use (Admission, Participation Fees) $25/hr, $130/day $20/hr, $125/day Commercial use w/ no fees 250/day 225/day Commercial use w/ fees 450/day 400/day Camp Rate $75/day 50/day Damage and Cleanup Deposi $200 $150 Use of Lights $10/hr $10/hr Current Fees $30 $75 $100(100-300) $500(over 300) $30 $30 $75 $100(100-300) $500(over 300) N/A $30 N/A N/A $25 $100 $500 $100(100-300) $500(over 300) $30 $10/hr, $100/day $12hr, 120/day $225/day $400/day n/a n/a $10/hr Rate Out of Town $35 $200 $25/h $275/day $500/day n/a $250 $40 $75 Rate In Town $25 $150 $15/hr $225/day $400/day $5/use, capped at $75/month $200 $25 $50 Dixie Park Reservation all day Damage and Cleanup Deposi Center St. Gym Commercial Use no fees Commercial use with fees Recurring Gym Events Damage and cleaning deposit Sun Court Reservations 3 hours or less Reservations more than 3 hou Damage and Cleanup Deposi Current Fees $15/hr n/a $15/hr $60/hr $400/day n/a $25 $50 n/a City of Frulta Bountiful City Salt Lake City St. George Park City $25 for 2 hours; $10 each additional hour $25/$50 small bowery, $50/$100 large bowery, stage $50/$100 (all rates are resident/non-resident) $44/53, $82/$110, most are all day rates, but some are half day (ball fields $20/hr with 2 hour minimum) $50/$100/$400, depends on group size and reserved in 4 hour blocks except $400 fee is for more than 200 people and it goes all day $50/$85 for half or full day, resident use Page 116 of 235 Moab City Sports Recreation Programs • For more information —Moab City Recreation Department 259-2255, www.moabcity.org • To register — www.moabcity.org (credit card required) or register at the Rec Office at 217 E Center St (pay by cash, check or credit card) - Early Bird Registration fees will apply up to a month before normal registration for certain programs (* Represents programs that offer early bird rate) - Registration late fees once assessments begin - Space may be limited • Financial Aid — Financial aid is available for youth programming. Participants eligible for reduced school lunch qualify for FA. Application included in the payment section of the on-line registration form. • Free Equipment - Moab City Recreation has used equipment and uniforms available for free. We usually have cleats during season. Other free items are available during the respective season. Call for information. PROGRAMMING First Kicks Spring Soccer Spring Youth Volleyball Lil Tykes T-Ball T-Ball Coach Pitch Boys Coach Pitch Girls Baseball/Softball Adult Soccer Frisbee Golf Tournament Adult Softball League Adult Pickleball Tournament Fall Youth Soccer Tackle Football NFL Flag Football Middle School Football Middle School Volleyball Fall Youth Volleyball Adult Flag Football Adult Volleyball Adult Volleyball League Adult Basketball League Adult Spring Basketball Tournament Jr. Jazz Basketball Ages Coed 3-4 yrs old Coed 5 yrs old - 8th grade Coed 3rd-8th Grade Coed 3-4 yrs old Coed Kindergarten 1st and 2nd Grades 1st and 2nd Grades 3rd-8th Grades Coed 15 + Coed 15 + Coed 15 + Coed 15 + Coed 5 yrs old - 3rd grade Coed 4th-7th Grades Coed 1st - 4th Grades Boys 7th and 8th Grade Girls 7th and 8th Grades Coed 3rd-6th Grades Coed 15+ Coed 15+ Coed 15 + Coed 15 + Coed 15 + Coed 3rd-6th Grades Season Spring Spring Spring Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Spring/Summer Summer Summer Fall Fall Fall Fall Fall Fall Fall Winter/Summer Fall/Winter Winter/Summer Spring Winter Fee $15 $35* +Uniform $40* + Uniform $15 $35* $40* $40* $65* $20 $20 $250/Team $60 $25 + Uniform $65* $45* $70 $40 $35* $135/Team $20/season $130/team $75/Team $30/Team $35* +Uniform Agenda Page 117 of 235 Youth Indoor Soccer Adult Indoor Soccer Ultimate Frisbee Ultimate Frisbee Tournament Coed 7th-12th Grades Coed 15 + Coed 15 + Coed 15 + RECREATION FACILITIES Winter Winter Winter/Spring Spring $35* $40 $10 $75 Team Old City Park Disc Golf Course (18 holes) Swanny City Skate Park Moab Recreation and Aquatic Center (Swanny Park) — aquatics (indoor and outdoor), weight and cardio room, aerobics room, party/rental room, drop -in child care Center St Gym (200 E Center St)— basketball/volleyball gymnasium Center St Ballpark (200 E Center St)— 4 baseball diamonds, football & soccer fields Anonymous Park BMX track (500 W) Moab Bark Park (Not reservable) Agenda Page 118 of 235 [I Title: Approval of Moab Water Conservation Plan Update 2016 Fiscal Impact: To Be Determined Staff Presenter(s): Eve Tallman with Jeffrey Adams of Canyonlands Watershed Council Department: Administration Applicant: NA MOAB CITY COUNCIL MEETING December 13, 2o16 Agenda ltem #7-15: Adoption of Moab Water Conservation Plan Update 2016 Background/Summary: Five Year update of the City's Water Conservation Plan to be adopted by City Council and submitted to the Utah Department of Natural Resources. Options: Approve, postpone or deny Staff Recommendation: Adopt Recommended Motion: Move to Adopt the Moab Water Conservation Plan Update 2016. Attachment(s): Moab Water Conservation Plan Update 2016 Agenda Page 119 of 235 Resolution # 35-2016 A RESOLUTION ADOPTING THE WATER CONSERVATION PLAN UPDATE 2016 FOR THE CITY OF MOAB WHEREAS, Utah water providers are required to update their water conservation plans every five years; and WHEREAS, the City of Moab's last update was adopted in 2011; and WHEREAS, the Water Conservation Plan Update 2016 for the City of Moab is attached to this resolution; and NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to adopt the Water Conservation Plan Update 2016 for the City of Moab in substantially the form attached to this resolution and to direct the appropriate parties to submit said plan to the State of Utah. Passed and adopted by action of the Governing Body of the City of Moab in open session this 13`h day of December, 2016 SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #35-2016 Page 1 of 1 Agenda Page 120 of 235 Moab Water Conservation Plan 2016 City of Moab, Utah 12/13/2016 Photo Courtesy of Steve Mulligan Agenda Page 121 of 235 [Page intentionally blank] Agenda Page 122 of 235 TABLE OF CONTENTS List of figures and Tables 1 Acknowledgements 1 Checklist for Department of Natural Resources 2 INTRODUCTION AND EXECUTIVE SUMMARY 3 THE CITY OF MOAB AND ITS WATER SYSTEM 5 History, Government and Population 5 Moab Water Rights/Water Source Capacity 6 Current City of Moab Water Distribution System Configuration 9 Secondary Water (Irrigation Sources) 12 Moab Area Geology and Origin of Water Sources 13 Water Use Trends, Current Use, & Per Capita Consumption 15 Number of Water Connections 16 Retail Water Deliveries 16 Demand Projections to Build -out 17 Future Supply Sources 18 Distribution System 19 Treatment System 19 Reuse Potential 19 Emergency Action Plan 19 Intersystem Agreements 20 Water Quality 21 Institutional and Political Factors 21 Environmental Concerns 22 Fiscal Structure and Financial Resources 23 WATER CONSERVATION GOALS 24 Why Conserve? 24 Current Water Conservation 24 Public Education on Wise Water Use 25 Water Conservation Policies/Ordinances 27 Numerical Goals for Water Conservation 28 RECOMMENDATIONS FOR IMPLEMENTATION OF CONSERVATION MEASURES 29 Stormwater Management: A Scenario 32 Additional Readings on Water Conservation 33 Agenda Page 123 of 235 Figure 1. Figure 2. Figure 3. Figure 4. Table 1. Table 2. Table 3. Table 4. Table 5. Table 6. Table 7. Table 8. Table 9. Table 10. Table 11. Table 12. Table 13. Table 14. Table 15. Table 16. Table 17. LIST OF FIGURES AND TABLES Moab Population Total Water Production (Gravity and Pumped) Compared Moab Area Watershed Moab area watershed boundaries as defined by the hydrological unit codes for Mill and Castle Creek Projected Population at Build -out (Moab and Grand County) Municipal Springs Municipal Wells 2011 and 2015 Annual Water Production and Utilization by Source Total Water Production (Gravity and Pumped) Water Production Trends 2010 - 2015 Per Capita Water Consumption Trends Average Water Consumption Residential versus Commercial 2011-2015 Average Water consumption in AF and percent by type (not including winter overflow) Table showing adjustments to include winter overflow volumes in Water System totals and per capita estimates, 2011- 2013 Retail Water Deliveries (Shop Water) Build -Out Water Demand, as a percentage of Paper Rights and reported 2010 Potential Production, based on 2015 Per Capita Maximum Population of Moab at current rates of consumption, based on potential production and paper water rights Current Water Rate Structure for the City of Moab (Revised 7/1/2016) Estimated Conservation Rates to Match Build Out Projections Water Falling on Moab City at different precipitation levels Estimated Total Water Use and potential conservation through Landscape Conversions, per 1,000 square feet Acknowledgements The assistance of the following personnel is greatly appreciated: Eve Tallman, Jeff Adams (Executive Director of the Canyonlands Watershed Council), John Weisheit (Executive Director of Living Rivers), Leigh Anne Reinhart, Levi Jones, Jennie Ross, Chantel Lindsay, Dana Van Horn, Ralph Ferrara, Geoff Freethey, Carmella Galley, and Jeff Reinhart. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 124 of 235 CHECKLIST for Moab City 2016 / Water Conservation Plan Current population: 5235 (per census.gov for 2015) 125 Number of M&I water connections, categorized by type: Residential 1575 Commercial & Industrial 414 Institutional 84 Total water deliveries, categorized by type: See Table 11. 25 Current water supply, categorized by source: See Table 4. Projected needed supply to Build -out: see Table 12. 125 Projected supply that can be delayed by implementing conservation programs and practices. This is not fully defined in our report. See Tables 13 and 15. Current per capita water use in gallons per capita per day (gpcd), categorized by type: See Table 7. 125 Compare to state's 2010 average (potable 185, secondary 55 gpcd). (Residential Potable 127 gpcd, Residential Secondary 40 gpcd) See Table 8. Conservation Goals: See Table 15 and "Conservation Goals" chapter. Your current metering situation and replacement schedule. All but 20 meters are now radio -read, on track to replace all manual -read. Your current pricing and rate structure: See Table 14. 25 List any water conservation ordinances currently implemented: See "Water Conservation Policies/Ordinances" List any conservation measures currently implemented: See "Current Water Conservation" Do you have a Water Conservation Coordinator on your staff? No Proposed conservation measures: See "Water Conservation Goals" MOAB WATER CONSERVATION PLAN 2016 ii Agenda Page 125 of 235 WATER CONSERVATION PLAN UPDATE 2016 City of Moab, Utah INTRODUCTION AND EXECUTIVE SUMMARY The State of Utah requires that each Utah community adopt a Water Conservation Plan every five years. The City of Moab last adopted a Plan in 2011; this Water Conservation Plan Update for 2016 considers new data for water supply and demand, trends for the last five years, and future growth and consumption trends for the Moab area. Based on this information, the 2016 Water Conservation Plan Update presents goals and objectives to ensure that Moab will meet its future water demand needs through water conservation programs and practices. Emerging data from the ongoing study spearheaded by the Utah Division of Water Rights (DWRI), and undertaken by the United States Geological Survey (USGS), will inform this Water Conservation Plan. Additional data is drawn not only from Moab City sources but also from reports prepared by neighboring agencies, including Grand Water and Sewer Service Agency (GWSSA), Moab Irrigation Company (MIC), and the Grand County Community Development Department. After decades of water supply projections showing abundant and pure culinary water, new data suggest an over -allocation of water rights and a trend of water use that appears to be significantly depleting available resources. Until recently, population projections have not taken into account denser zoning codes or the burgeoning tourist economy and its impact on per capita water usage. The 2016 Water Conservation Plan Update sets forth an analysis of the period of 2011-2015. Average per capita consumption for 2015 was 282 gallons per person per day, when including all culinary consumption (residential and commercial), divided by the resident Moab population. This consumption requires significant conservation measures to reduce to meet State and Federal consumption goals. If only residential use is taken into account, the figure was much lower (146 gallons per person per day), but does not portray a realistic picture of total impact on the existing water supply. Further, at current usage rates which take into account current tourism impacts, this report suggests the City will exceed water supply when the population reaches 11,552 residents. Overall, from 1998 to 2015, the total water delivered by the City of Moab culinary system has increased by 14%. Because previous water conservation plans have indicated abundant water supply and relatively low per capita water usage rates, the City of Moab has not been aggressive in pursuing water conservation measures. Due to new information about culinary water scarcity and the fast pace of growth in the Moab residential and overnight accommodation industry, it is recommended that the City aggressively implement the water conservation measures outlined in this plan, capitalizing on changing perceptions of what is feasible, and concentrating on reduction in outdoor use of culinary water and implementing recommendations to reduce threats to water quality. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 126 of 235 This plan recommends that the City aim for a 25% reduction in per capita water consumption over the next five years, and that the City reduce outdoor usage of culinary water by 25% in the same time period. In addition, it is recommended that the City integrate the water conservation goals set forth here and in the existing Moab sustainability plan entitled "2020 Vision"' into the City's Master Plan and adopt a Water Conservation Mission Statement. Finally, it is recommended that the Council pursue an interlocal agreement to establish a regional water authority, and call upon community citizens to form a Moab City Water Conservation and Drought Management Committee.2 The format of this Plan includes data required by the Utah Department of Natural Resources that at times makes for arduous reading. When possible, data is presented in Acre -Feet (an acre-foot is equivalent to one foot of water over an area that equals one acre of land area, and one acre-foot equals 325,850.943 gallons. The primary audience for this report is the City's leadership. The details starting with the section entitled "Intersystem Agreements" are perhaps most critical for consideration of future directions for Moab's Water Conservation program. 1 Vision 2020: A Sustainable Moab Plan (2008). MoabCityResolutionAdopting2020VisionSustainableMoabPlan.pdf z It is recommended that the City make use of the vast knowledge of local water and conservation experts to guide water management issues into the future. Washington County formed such a committee in 1993. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 127 of 235 THE CITY OF MOAB AND ITS WATER SYSTEM History, Government and Population The City of Moab was incorporated in 1902. The 2015 City population was 5,2353. The City of Moab has a Council -Manager form of government, with five elected Council members serving at large and a separately elected Mayor. The City's resident population has ebbed and grown slowly over the past ten years, with total growth of 5.3%. At the same time, rapid growth of overnight accommodations has increased the number of connections drawing from Moab's water supply. In addition, the population of unincorporated Grand County has increased along with non-resident tourist facilities. Altogether, the Moab Area Travel Council currently estimates there are approximately 4,000 overnight accommodation units in the Moab Valley.4 This chart shows the City of Moab's slow and steady population growth trend. Figure 1. Moab Population Population data from Census.gov and Grand County Community Development The City's build -out is projected as the City's full growth potential, which is based on existing zoning.' The City of Moab has anticipated additional culinary water demand created by limited annexations and/or higher density rezoning to occur in the future. Because of rapid growth outside the City limits, in addition to higher density rezoning that has occurred, it is important that the City anticipate 3 Per Zacharia Levine, Grand County Community Development Director (2016-11-16) 4 Moab Area Travel Council: 3,938 total rooms, condominiums, and commercial campsites in Grand County (2016-11-29). 5 Build -out population (Zacharia Levine 2016-11-16) MOAB WATER CONSERVATION PLAN 2016 Agenda Page 128 of 235 drought conditions and development patterns that are different from those contemplated in the older build -out analyses, as well as other prospective factors that may affect water supply and distribution. It should be noted that the 2014 Spanish Valley Water Conservation PIan6 anticipates a population for unincorporated Grand County in the year 2060 at fewer than 6,000 persons, which is far lower than the eventual projected build -out population. In the GWSSA Culinary Water Master Plan of 2016, it is projected that the agency will exceed culinary water supply within twenty years.' This build -out population does not account for available water resources. Potential production capacity is detailed later in this report. Table 1. Projected Population at Build -out (Moab and Grand County) Area (Acres) Population (2.34 avg. household size) Moab City 2,594 24,003 Unincorporated Grand County 98,725 70,549 Total Build -out Population 94,552 Courtesy of Grand County Community Development Moab Water Rights/Water Source Capacity Through its history, the City of Moab has acquired water rights and water source capacity to meet historically anticipated build -out projections.$ Shortly after its incorporation in 1902, the City of Moab acquired an approximate half -interest in Skakel Spring, located behind the Grand Old Ranch House about a mile south of the Colorado River. The amount of the acquisition was 0.625 cubic feet per second (cfs). Skakel Spring was used as the culinary source for the City's drinking water system installed in the original platted town blocks to the south. Outlying farmhouses utilized wells for water. Contemporary with formation of the City, the MIC built a diversion dam on Mill Creek where the creek enters the east side of Spanish Valley, and currently provides irrigation water throughout the City and to unincorporated areas north and west of Moab City. Many residential lots in the original Moab City town blocks still have irrigation shares with which outside watering is done, with the water being delivered down the gutters of the town streets to inlets into yards. When the uranium boom occurred in Southeast Utah after World War II, Moab's population suddenly jumped from about 1,500 to 8,000. The City of Moab, motivated by severe water shortages during the boom which lasted into the early 1950s, acquired rights to underground water that exceeded culinary demand at what was then considered to be the City's expected build -out. In 1955, the City 'Grand Water and Sewer Service Agency (GWSSA) Water Conservation Plan for Spanish Valley, Utah (2014) p.5. http://www.grandwater.org/Portals/0/2014%20Conservation%20PIan%20System%2010023%20Fina I.pdf GWSSA Culinary Water Master Plan (2016) p.16. http://www.grandwater.org/Portals/0/Website1/Web%20Docs/Water%20Master%20Plan%202016.pdf 8 Moab Water Conservation Plan Update 2011. https://moabcity.org/documentcenter/view/383 MOAB WATER CONSERVATION PLAN 2016 Agenda Page 129 of 235 purchased the 1,600-acre Lloyd Sommerville Ranch, which contained Sommerville #1, #2, #3, McKonkie, and Birch springs. The City sold most of the ranch lying west of the spring area to George White, and located the Moab City Cemetery, Old City Park (which contains McConkie and Birch springs) and the Moab Golf Course (which contains the Sommerville #2 and #3 springs) on part of the remainder. Water rights were also purchased subsequent to the boom, further augmenting supplies beyond anticipated demand.' The City drilled six wells adjacent to the Sommerville #2 and #3 springs; from 1998 through 2005 only wells #6 and #10 have been pumped into the culinary system. The springs (including Skakel) and the wells are the City of Moab water supply source today. Water from the Sommerville Ranch springs historically filled the three City water storage tanks having 3,500,000 gallons —or 10.74 acre-feet (AF)--total capacity by gravity flow. In 1999 the City acquired the remaining interest of 0.626 cfs in Skakel Spring, and afterward rebuilt the Skakel Spring diversion structure to secure it from accidental or deliberate contamination. Full rights to Skakel were acquired by the City in order to supply future demand anticipated from annexation of commercial properties in the north US 191 corridor. The City of Moab's total water rights total 13.930 cfs, which is 6,251.78 gallons per minute (gpm) or 27.63 AF per day. The following charts provide a summary of Moab's acquired (perfected) water rights, for both springs and wells: Table 2. Municipal Springs (water rights perfected) Name of Spring Water Right # cfs Limits AF/YR available Type of Right Priority Date Skakel Spring a29873 (a change to Base Rights of 05 — 2105 and 05 — 2103) 1.252 453.50 AF/YR Diversion; 236.62 AF/YR Depletion 236.62 Diligence claim 05-2105 = 1889 05-2103 = 1898 a29873 = 2/18/2005 Skakel Spring 05-2740 1.00 "remainder of flow" 723.91 Fixed -time application 1/27/ 1999 McConkie Spring 05-2007 0.21 152.02 Diligence claim 05-2007 = 1903 Sommerville Spring #1 05-2008 a30363 changed point of diversion 0.2 102 AF/YR; Period of Use: April 1 to October 31 102 Diligence claim 05-2008 = 4/15/1896 a30363 = 6/21/2005 Sommerville Springs #2, 3 05-251 0.207 Period of Use: November 1 to March 31 62.438 Application to Appropriate 10/20/1958 Springs sub -total: 2.662 cfs or approximately 1,928.48 AF/yr. When adjusted for seasonal use limits and maximum depletion limits listed on the State Department of Water Rights website, approximately 1,277.00 AF/YR are available for use. 9 Water rights history (Zacharia Levine 2016-11-16) MOAB WATER CONSERVATION PLAN 2016 Agenda Page 130 of 235 NOTES: 1) Water rights for Skakel are held under three separate rights, updated in the table above. 2) Total diversion and depletion limits are set for Skakel via change form a29873 allowing a total depletion of 236.62 AF, while right 05-2740 is for the "remainder of flow". It is unclear at this time whether Skakel spring's total flow capacity is 2.252 cfs or if this additional right (05-2740) is to capture the remaining diversion flows of right a29873. More information is needed to clarify. 3) Sommerville Springs have seasonal restrictions, limiting each of the two listed rights to distinct seasons as Right 05-2008 limited to 4/1 to 10/31 (7 months) and Right 05-251 limited to 11/1 - 3/31 (5 months). Also, Right 05- 2008 is listed as 0.2 cfs or 102 AF, meaning total production is 42.78 AF less than Use Rate/ Potential Production of 144.78 AF/yr at the listed flow rate. 4) Total cfs is 2.662 when only one Sommerville Spring right is included at a time to reflect distinct seasonal rights. See waterrights.utah.gov for more information. 5) Total AF from springs is 1,277.00 AF when adjusted for Limits to seasonal use and maximum depletion 6) Nearly all Spring and Well rights are appurtenant (linked) to each other. More research and knowledge of water rights are needed to fully understand how this influences total water rights and available water production from the sole -source aquifer Table 3. Municipal Wells (Water rights perfected and proving) Name of Well Water Right # cfs AF/YR available (approximate) Type of Right Priority Date Wells 4a, 5, 6, 7, 9, 11 05-169 3 2,173.34 Application to Appropriate 9/15/1955 Same 05-206 1.63 1,180.85 Application to Appropriate 10/7/1964 Same 05-716 2.256 1,634.35 Application to Appropriate 10/24/1968 Same 05-101 1 724.44 Application to Appropriate 1/27/1954 Same 05-183 1.114 807.03 Application to Appropriate 2/21/1956 Same 05-336 1 724.44 Application to Appropriate 4/14/1961 Well #10 05-429 1 724.44 Application to Appropriate 7/23/1962 West Park Well 05-1540 0.15 108.67 Application to Appropriate 10/12/1978 West Park Well 05-1744 0.118 85.48 Application to Appropriate 4/24/1980 Wells sub -total: 11.268 cfs = approximately 8,163.22 Acre Feet/yr Notes: Several of these Rights have been segregated from each other. 05-183 originally was for 5cfs; Right 05-206 was segregated in 1959 for 3.886 cfs (a27898), from which right 05-716 was segregated in 1968 for 2.256 cfs (a27898a). The current cfs attributed for each of these rights is depicted in the table above. 1) Water Rights in blue include information (in the listing on waterrights.utah.gov) about seasonal use restrictions for Spring #1 (05-2008) and Spring 2 and 3 (05-251), which appears to infer a hydrologic connection between the wells and springs. These rights total 97.6%, or 7,963.09 AF, of Well Rights. Figure 4 in the 2011 Update listed Production values for Well 6 and 10 only, while this table above highlights the interconnectedness of the majority of available rights to wells. 2) Water Right 05-716 lists three surface springs and three wells as the source. At this time, it is unclear how this right is executed in relation to the gravity use information provided in Figure 5. See "Comparison of Total Rights and Reported Usage in 2010" for more information about how this may influence use of available rights. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 131 of 235 3) Language indicating "perfected and proving' comes from 2011 Update; it is unclear which Rights are still proving, and this should be investigated. Current City of Moab Water Distribution System Configuration The City of Moab supplies drinking water to almost all of the residents and businesses within the City. As noted, not all of the above -named water rights currently provide water into the Moab water distribution system. Some of these rights are seasonal. As indicated above, Moab also holds groundwater rights to six major wells that penetrate the aquifer. Only two of these wells are currently on line, and are only utilized during peak irrigation season. Water sources in the distribution system for the City of Moab vary seasonally. Moab obtains water from three wells and three springs during the summer months. From the north end of town, water from Skakel Spring is pumped through a chlorination station and into a one -million -gallon tank, which then feeds the Northwest Low pressure zone of the city. Moab City Springs One, Two and Three plus Moab City Wells Six and Ten south of Moab are channeled into pipes and flow into two gas chlorination stations. From each of these chlorination stations, water flows downhill to the City grid. Two one -million -gallon storage tanks are not in line with the main transmission lines, but branch off at the south end of the system. The City of Moab contracted with the University of Utah Department of Civil and Environmental Engineering in 2010 to produce a report that looked at the utilization of water sources in the Moab water distribution system. According to the report, Moab at that time used less than half of the water sources allotted and developed for the City.10 The following table provides a current view of the water production of each of the in-service water sources for the City: Table 4. 2011 and 2015 Annual Water Production and Utilization by Source (in Acre -Feet) YEAR 2011 Source Volume Used Acre Feet Potential Production Acre Feet Springs 1 and 2 840.23 840.23 Spring 3 636.76 636.76 Skakel Spring 317.29 711.98 Well 6 258.77 2418.28 Well 10 253.61 1126.28 TOTAL 2306.66 5733.53 YEAR 2015 Source Volume Used Acre Feet Potential Production Acre Feet Spring 1 and 2 634.25 634.25 Spring 3 510.63 510.63 Skakel Spring 272.73 711.98 Well 6 360.53 2418.28 Well 10 432.41 1126.28 TOTAL 2210.55 5401.42 10 Moab Culinary Water Distribution System Model Description and Analysis: Recommendations for Current and Future Improvements, 2010-01-15. C.D. Houdeshel and C.A. Pomeroy, University of Utah Dept. of Civil and Env. Engineering. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 132 of 235 Drought conditions beginning in 1998 with a shift in the Northern Pacific Decadal Oscillation system11 in ocean currents caused a shift from water production from gravity sources to pumped sources. The amount of water pumped as a percentage of total water diverted changed dramatically in 2000. It was noted in the 2011 plan that diminished pressure due to reduced infiltration due to drought conditions takes two years to reach the point of discharge. Further research may be needed to determine this two-year assumption figure. The chart on the following page shows the City's total water production over time, along with the percentage breakdown of pumped versus gravity sources and a comparison to pre -drought conditions: Table 5. Total Water Production from Gravity and Pumped Year Gravity - AF Annual Gravity as % of 1998 Pumped - AF Annual pumped as % of 1998 Total diversion - AF Annual Diversion as % of 1998 % pumped 1998 1,589.38 100.0% 295.26 100.0% 1,884.63 100.0% 15.7% 1999 1,547.33 97.4% 288.38 97.7% 1,835.72 97.4% 15.7% 2000 1,567.59 98.6% 861.19 291.7% 2,428.78 128.9% 35.5% 2001 1,422.46 89.5% 1,051.06 356.0% 2,473.52 131.2% 42.5% 2002 1,306.95 82.2% 735.00 248.9% 2,041.95 108.3% 36.0% 2003 1,220.65 76.8% 861.50 291.8% 2,082.15 110.5% 41.4% 2004 1,292.65 81.3% 845.97 286.5% 2,138.62 113.5% 39.6% 2005 1,295.10 81.5% 865.89 293.3% 2,160.99 114.7% 40.1% 2006 1,385.97 87.2% 1,086.88 368.1% 2,472.85 131.2% 44.0% 2007 1,376.76 86.6% 877.64 297.2% 2,254.40 119.6% 38.9% 2008 1,518.36 95.5% 1,060.73 359.3% 2,579.09 136.8% 41.1% 2009 1,424.33 89.6% 934.81 316.6% 2,359.15 125.2% 39.6% 2010 1,434.43 90.3% 900.69 305.1% 2,335.12 123.9% 38.6% 2011 1,794.29 112.9% 512.38 173.5% 2,306.67 122.4% 22.2% 2012 1,766.82 111.2% 677.15 229.3% 2,443.97 129.7% 27.7% 2013 1,534.20 96.5% 679.54 230.2% 2,213.74 117.5% 30.7% 2014 1,171.67 73.7% 644.47 218.3% 1,816.14 96.4% 35.5% 2015 1,263.77 79.5% 892.83 302.4% 2,156.60 114.4% 41.4% Gravity Pumped Total Average Acre -Feet Per Year 1998-2015 1,439.77 781.74 2,221.51 11 An internet search produces numerous academic reports on this topic. A good starting point is: https://en.wikipedia.org/wiki/Pacific decadal oscillation MOAB WATER CONSERVATION PLAN 2016 Agenda Page 133 of 235 Figure 2. Total Water Production (Gravity and Pumped) Compared 3,000.00 2,500.00 2,000.00 1,500.00 1,000.00 500.00 0.00 CO 6] 0 r-I N M Lr5 c,4 r• CO 6] 0 r-I N M v'f rn rn o 0 0 0 0 0 0 0 0 0 r rn rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r-I r-I N N N N NNNNNNNNNNNN —$—Tota I Gravity (AO —M—Total Pumped (AO Total Diversion (AO Table 6. Water Production Trends 2010 - 2015 (in acre feet/ year) Year Springs - AF Wells - AF Total Use - AF % Spring % Well Total % of 2010 Spring % of 2010 2010 1,773.82 586.16 2,359.97 75% 25% 100% 100% 2011 1,794.29 512.38 2,306.67 78% 22% 98% 101% 2012 1,766.82 677.15 2,443.97 72% 28% 104% 100% 2013 1,534.20 680.13 2,214.32 69% 31% 94% 86% 2014 1,481.78 680.86 2,162.64 69% 31% 92% 84% 2015 1,417.61 792.94 2,210.55 64% 36% 94% 80% AVERAGE: 1,628.09 654.94 2,283.02 Trends from 2010 — 2015: • Use of Skakel has decreased by 11% of potential production (See Table 4) • Use of Springs 1,2, and 3 has remained 100% of Potential Production, while Potential Production has decreased 80% since 2010. This data requires further investigation. • Use of Springs 1,2,3 remains several times higher than amount available through Rights to springs. The relationship of Right 05-716 must be better understood. • Total Use has decreased 6% since 2010, while total use provided by ground water has risen 11% • Compared to 2010 figure, water use from well 6 has increased 21% and well 10 increased 50% MOAB WATER CONSERVATION PLAN 2016 Agenda Page 134 of 235 Secondary Water (Irrigation Sources)11 With the loss of cultivated farmland to residential development, 308.79 of the 1,086.897 shares of the MIC stock were acquired in 1979 by the Grand County Water Conservancy District, which diverts Mill Creek upstream into Ken's Lake for irrigation delivery above Moab in Spanish Valley. Since then, 66.5 shares of MIC stock have been leased or purchased and transferred by private owners upstream to the Mill Creek Diversion for Ken's Lake. Seventeen years ago, the MIC put in pressurized irrigation pipelines to replace their original open ditch system within Moab. With a motivation to reduce culinary water use on outdoor landscaping, the City should explore the possibility of acquisition of water shares from the MIC that could be used for outdoor watering. Most of the remaining MIC water shares that are delivered in Moab, north and west of Moab, and on Wilson and South Mesas above Mill Creek to the east of Spanish Valley could be bought and transferred to the Ken's Lake diversion on Mill Creek. Inside the City limits and in the north US 191 corridor, a number of orchards, hay fields, pastures and gardens are currently irrigated with these shares. Recharge from this irrigation may be largely responsible for inflow to the Matheson Wetlands Preserve operated by the Nature Conservancy at the north end of Spanish Valley. Over the years, some of the agricultural parcels were converted to residential or commercial development, and the predominant pattern has been to cluster buildings, leaving landscaped open areas. The 2011 Water Conservation plan called for the City to explore and define ways in which parcels developed with large open spaces could obtain and/or retain MIC water shares for more widespread outdoor landscaping irrigation. The 2011 report noted that acquisition of water shares by the Nature Conservancy to maintain recharge of the Matheson Preserve should be considered in this planning; City discussion with the Nature Conservancy to date has considered additional treatment of Wastewater Treatment Plant effluent so it can be discharged into the Sloughs. It is possible that reuse could be preferable to higher quality water for that purpose. It is not recorded whether any discussions with the MIC or private shareholders has occurred in the last five years. It will be to the City's benefit to implement a secondary water system to preserve pristine groundwater demand savings since growth patterns indicate that the total culinary demand on the City's water system is greater than anticipated supply13, or the City finds it profitable to "swap" conserved pristine groundwater for irrigation water from the Grand Water and Sewer Service Agency because the Agency is unable to divert enough pristine groundwater out of the same aquifer the City is using to meet growth demands in the Agency's service area.14 In 2005, it appeared that 180,641,000 gallons of pristine groundwater were consumed by 31 City customers for irrigation; another 185,075,000 gallons were apparently used by 2,121 residential customers for outdoor watering. Although dated, this statistic provides an idea of the total amount of pristine groundwater that could be conserved by the City if it was replaced by water from a secondary irrigation water 12 Moab Water Conservation Plan Update 2011. https://moabcity.org/documentcentedview/383 13 See "Demand Projections to Build -Out" later in this report. 14 See 2014 and 2016 GWSSA documents cited earlier in this report. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 135 of 235 system. Options for a secondary water system constitute the greatest potential for future water sources. Another scenario for the use of secondary water includes the more complex prospect of utilizing secondary water for flushing toilets and other non -potable uses. This is most likely a project that would involve municipal facilities such as park restrooms. More research needs to be done to determine the costs and benefits of such a proposal. Moab Area Geology and Origin of Water Sources The City of Moab is located at the north end of Spanish Valley to the south of the Colorado River. Spanish Valley is a salt collapse graben, formed when a dome of Paradox Formation salts bulged up, fracturing the overlying sedimentary formations. The fractured formations and part of the salt dome eroded away, largely from runoff from the La Sal Mountains through the Pack Creek drainage. The La Sal Mountains compose a small mountain range southeast of Moab that rises approximately 12,000 feet above sea level. The Glen Canyon Group (Navajo, Kayenta and Wingate) of sandstones conducts water downward from the mountains, which then surfaces in springs at various points along the Eastern Moab Fault complex on the edge of Spanish Valley. The City's water source, consisting of wells and springs, is a large aquifer contained in the highly porous Wingate sandstone to the east of the city. This aquifer is fed by the snowmelt from the La Sal Mountains. This water is classified as Pristine Ground Water by the Utah DEQ Division of Drinking Water. Water harvesting practices over the decades have disrupted the hydrology of Spanish Valley over time, affecting discharge into Pack Creek and the riparian zone. Please see "Environmental Concerns" later in this report. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 136 of 235 Figure 3. Moab Area Watershed (Courtesy of Canyonlands Watershed Councilr it 11.1 / it4 tai li 1;h Tut I'M TIM 11 N 1 )5 clACOMUMOC-DOSC.ArE,SKIDEL) h l fi 11111P1 100 001 IF4 P1114' lir i41 01 314 0713M 15 http://www.riversimulator.org/Resources/farcountry/Graphics/MoabAreaWatershedGraphic.jpg MOAB WATER CONSERVATION PLAN 2016 Agenda Page 137 of 235 Water Use Trends, Current Water Use, and per Capita Consumption Current water use in the past five years reflects an ongoing trend of increased water consumption for residential users and fluctuating consumption for commercial water consumers. Peak water usage in 2013 and 2014 may be attributed to "Shop Water" deliveries to tankers for oil and gas drilling practices. Previous Water Conservation Plans indicate that delivery of water through residential meters decreased from a 1996-2000 average of 4.16 Acre -Feet per day to a 2006-2010 average of 2.69 Acre -Feet per day; and a further reduction to approximately 2.35 Acre -Feet per day in 2015 could be due to changing designations for water use16. Note that per capita numbers are gallons per day. Total consumption is Acre -Feet. Table 7. Per Capita Water Consumption Trends. (Does not include Shop water deliveries) Years Per Capita — Dwellings (GPD) Per Capita — Dwellings + Commercial (GPD) Per Capita — Dwellings + Commercial + Winter Overflow (GPD) 2006 — 2010 171.67 311.40 2011- 2015 146.58 313.05 394.72 (average for 2011-2013 only) Change - 25.10 + 1.65 % Change - 15% +0.53% Table 8. Average Gallons Per Day Water Consumption Residential versus Commercial 2011-2015 Year Population Per Capita Average GPD — Dwellings Average GPD Dwellings Average GPD Commercial and Other Total GPD Delivered Per Capita Average GPD —All Uses 2011 5,088 131 667,930 803,270 1,471,200 289 2012 5,116 145 740,503 863,774 1,604,277 313 2013 5,121 146 745,907 1,076,572 1,822,479 355 2014 5,140 165 848,436 816,332 1,664,768 323 2015 5,235 146 765,041 715,096 1,480,137 282 Table 9. Average consumption in Acre Feet Per Year and percent by type (not including winter overflow) Year Dwellings Commercial and Other Total % use by Dwellings % use by Commercial and Other 2011 748.18 899.78 1,647.96 45% 55% 2012 829.47 967.55 1,797.02 46% 54% 2013 835.52 1205.92 2,041.44 41% 59% 2014 950.37 914.41 1,864.78 51% 49% 2015 856.96 801.01 1,657.97 52% 48% 16 Moab Water Conservation Plan Update 2011. https://moabcity.org/DocumentCenter/View/383 MOAB WATER CONSERVATION PLAN 2016 Agenda Page 138 of 235 Table 10. Table showing Acre -Feet adjustments to include winter overflow volumes in Water System Totals and per capita estimates, 2011- 201317 Year Winter Overflow AF Adjusted — Dwell+Comm + Overflow AF Per Capita —All sources + overflow\GPD % Total - Dwellings % Total - Commercial % Total - Overflow 2011 529.90 2,178.91 382.31 35% 41% 24% 2012 549.83 2,406.01 419.85 35% 42% 23% 2013 313.96 2,191,19 381.99 41% 45% 14% Winter overflow needs to be considered in the water supply budget as this water moves from its source through municipal piping and eventually overflows into Mill Creek further down valley. Prior to the development of the City water infrastructure, more of this water would have infiltrated into the aquifer and moved down valley slowly in the sub -surface soil matrix. Winter overflow ranged from 14% - 24% during the three-year period for which data was compiled. While Per Capita usage based on gallons per day consumed at dwellings has decreased, the total per capita water usage has increased when commercial water use is included. Factoring in winter overflow and shop water sales increases the average per capita water use even further. Number of Water Connections The number of water connections in the City of Moab system as of November 2016 is 2073. This is an approximate 8.5% increase from 2010. For 2016, there were 1575 Residential connections, 414 Commercial connections, and 84 Institutional connections. Retail Water Deliveries (Shop Water) Moab sells culinary water at the City Shop, mainly by the tanker -load to off -grid agencies such as the National Park Service and Dead Horse Point State Park. In the last five years, there was a significant uptick in shop water deliveries due to a boom in oil and gas drilling, which required culinary water for drilling purposes. The City took action to revise the billing structure for this impact on the water supply system18. Table 11. Retail Water Deliveries (Shop Water) Year Total Shop Water Billed (gallons) 2011 4,298,250 2012 8,858,325 2013 7,174,290 2014 13,098,811 2015 3,789,275 17 Data from Water Systems PowerPoint presented by Donna Metzler. http://www.riversimulator.org/Resources/farcountry/Moab/MoabWaterSystem.pdf 18 Tap Water for Oilfield Drilling Becomes an Issue in Moab By Jon Kovash (2014-02-13) http://upr.org/post/tap-water- oilfield-drilling-becomes-issue-moab MOAB WATER CONSERVATION PLAN 2016 16 Agenda Page 139 of 235 Demand Projections to Build -out It is important that a water conservation plan not only consider the five-year time frame called for by the plan, but a longer time horizon. This plan looks to Build -out, which is currently set at 24,000 persons. In 1996, future build -out considering zoning at the time accounted 4,298 additional units to be added to the 2,051 then existing. Annexation of unincorporated "islands" would add 288 additional existing residences to the 32 existing in these islands in 1995. At build -out, total residential units were estimated to be 6,669, housing a projected population of 18,473.19 In 2010, the City's Water Conservation Update stated that the City would meet build -out in approximately 130 years. Water demand would be 5,135,494 gallons per day at the build -out population potential of 18,473. With a source capacity of 9,136,958 gallons per day in hand, the report stated, the City possessed 44% more in water rights and source capacity than what would be needed at build -out. Further, the report went on to state that the City's population would reach approximately 7,438, by 2050, and would put water demand at 2,067,764 gallons per day in 2050. Given that the City has water rights of 9,157,009 gallons per day, the report stated, the City would not need to acquire more water rights any time before build -out potential is reached. Since then, Moab's zoning has been upgraded for more dense housing. As stated earlier in this report, the City's build -out population is now estimated to be 24,000. The acute uptick in overnight accommodations has also increased daily water usage that must be accounted for in a reasonable water budget. The 2010 Moab Water Distribution System Report reviewed future development scenarios and provided recommendations regarding the City system's ability to accommodate the anticipated developments. Regarding the Lionsback development, the report recommended that the City allow development itself but recommended against utilizing the water storage tank contemplated for the project for City storage. The report also examined other potential commercial and residential development, and indicated that water sources were more than adequate to meet the demands of the planned developments. The 2010 Moab Water Distribution System Report maintained that the "data indicate that the City of Moab can double its current population before new sources need to be developed or administrative constraints need to be placed on water use" and that "currently the greatest motivation for water conservation is energy conservation." Further, the report maintained that "total water availability...is not a limiting factor for growth in the foreseeable future." At issue and of extreme importance to City leaders and regional water managers is the deceptive notion that water rights equal water supply. Actual data pertaining to water levels in the aquifer as 19 1996, Public Facilities Analysis, Grand County/City of Moab. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 140 of 235 established by the USGS study and data measuring water supplied by the City's springs and wells are far more crucial to determining future supply than water shares. The tables below show water demand anticipated at build -out, and Moab's "carrying capacity' based on well and spring supplies. Table 12. Build -Out Water Demand, as a percentage of Paper Rights and reported 2015 Potential Production, based on average Per Capita use (2011-2015) Build Out Water demand: Build -out - AF/day AF per YR at current GPD Total Water Rights (AF/yr)* Build out AF/yr as % of Rights 2015 Potential production (AF/yr) Build -out as % of Potential Production (AF/yr) Surplus or Deficit Water Rights at Build Out Surplus or Deficit Potential Production at Build Out Dwellings Only 10.80 3,940.96 9,434.10 41.77% 5,401.43 72.96% Dwellings + Commercial^ 23.06 8,416.85 9,434.10 89.22% 5,401.43 155.83% 10.78% -55.83% NOTES: * Based on 2016 Updated Figure 2 and 3 per Water Rights review ^ Dwellings + Commercial is the figure to use, as this represents the majority of water used in the municipality ^ Does not include Winter Overflow or Shop Water sales These projections assume that water supply will remain constant, while climate scientists predict increasing climate uncertainty in the Southwest. See https://en.wikipedia.org/wiki/Pacific decadal oscillation as a starting point. Table 13. Maximum Population of Moab at current rates of consumption, based on potential production and paper water rights Potential Production Paper Rights Acre feet per year 5,401.43 9,434.10 Safety factor 25% 25% Available Production (AF/yr) 4,051.07 7,075.58 Per Capita Use (GPD)-Total 313.05 313.05 Maximum Population 11,552.75 20,177.98 NOTES: 1) Assumes current rates of water use are continued 2) Does not account for Colorado River Basin -wide reductions that may be needed 3) Assumes Potential Production from 2011 figure 4 can be sustained without harming the aquifer 4) The safety factor can be adjusted to look at different scenarios Future Supply Sources Preliminary information from the USGS report indicates the City should begin to consider the Colorado River as an alternate source of culinary water. This prospect is complex and costly, not only because of the great expense to process river water to culinary quality, but also because of the gravely politicized battle for the river water in both the Upper and Lower Colorado River basins. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 141 of 235 Distribution System20 The City of Moab water distribution system requires some replacement of water mains. A schedule for replacement of these mains should be developed. The system is sized to meet current and projected demand, with the exception of new service lines needed for new development. Each water connection is serviced by a meter. The City has nearly completed its meter replacement program, with all but 20 meters now part of a radio -read meter system. During the period of this report, there was a 50 gallon per minute leak where the City's water system connected with the GWSSA system at an emergency connect point near the golf course. That point is now disconnected and the leak was stopped. In the event of an emergency where one water system is required to augment the other, the connection will be made manually by crews. Treatment System Treatment for the City of Moab water system consists of minimal chlorination. USGS water sampling in 1997 found the drinking water of the City of Moab, before treatment, equals or exceeds the quality of 80 percent of brands of bottled drinking water from springs sold in stores (comparison data is from the published Natural Resources Defense Council study of bottled water quality). Reuse Potential In the City's 2020 Vision: A Sustainable Moab Plan, Water Reuse was addressed with an actionable goal to allow Utah residents to reuse clean, safe "gray water" to expand outdoor landscaping and gardening while at the same time conserving Utah's scarce culinary water sources. City officials were encouraged to work with other Utah communities to foster State of Utah changes to rules and regulations to allow more flexible gray water use. Graywater pilot projects are now underway in Moab, due to a successful collaboration between state officials, permaculture designers, and USU faculty.21 Emergency Action Plan The City's on -file emergency plan can be considered a water conservation plan for circumstances in which pumped culinary water from City wells is not available. In event of emergency, such as the main well pump failure that occurred in 1998 at the Moab Golf Course, citizens are asked through the media to discontinue all outside watering until adequate water flow is restored. City Public Works staff go in the field to identify customers who haven't gotten the message. If citizens refuse to stop outside watering when asked, their water meter is turned off and locked. Gravity flow from the Sommerville springs to the City storage tanks is sufficient to keep the storage tanks full while meeting inside culinary water needs; during the winter months, spring flow normally exceeds water usage in 2° Moab Water Conservation Plan Update 2011. https://moabcity.org/DocumentCenter/View/383 21http://www.moabtimes.com/view/full story/27309063/article-Graywater-system-pilot-projects-now-underway-in- Moab?instance=home news 2nd left MOAB WATER CONSERVATION PLAN 2016 19 Agenda Page 142 of 235 the system and the well pumps are not operated. Under emergency conditions, the City's concern is to maintain the storage tanks full so that water is available for firefighting. Intersystem Agreements There are currently no significant intersystem agreements for culinary water. The Grand Water and Sewer Service Agency, which serves Spanish Valley and is uphill and to the south of the City, does not have sufficient water sources in hand to meet its service area's build -out demand22. It is suggested that the City of Moab work to establish a regional water authority that will include all water systems in the watershed including include Moab City, Grand Water and Sewer Service Agency, Castle Valley, and water systems in southern Spanish Valley and Pack Creek. In lieu of the unlikely annexation of the San Juan County users into Grand County, a regional water authority can help to mitigate threats to the water system in the years to come. The Southern Nevada Water Authority set a good example. With regard to the new Manti-La Sal Forest Plan in development, it should be noted that Grand County has cooperating agency status and the City of Moab does not. It is advised that the City leadership have a "seat at the table" by engaging with federal land management agencies to oversee potential impacts on Moab's watershed. Figure 4. Moab area watershed boundaries as defined by the hydrological unit codes for Mill and Castle Creek .':11:12, V * NMFYIK4 xwY }_ %mai 8�Y _ _ _ i 22 Grand Water and Sewer Service Agency Culinary Water Master Plan 2016. http://www.grandwater.org/Portals/0/Website1/Web%20Docs/Water%20Master%20PIan%202016.pdf MOAB WATER CONSERVATION PLAN 2016 20 Page 143 of 235 Water Quality Water quality in the Moab water system meets all state and federal standards23. All drinking water supply for the City of Moab is Pristine Ground Water from wells and springs discharging from a sandstone aquifer. This aquifer enjoys the protections of U.S. Environmental Protection Agency designation as a Sole Source Aquifer. [Sole Source Aquifer Determination for Glen Canyon Aquifer System, Moab, Utah, published in the January 7, 2002 Federal Register, volume 67 #4, pp. 736-738.] Recently, citizens residing near the GWSSA's Chapman Well and just to the west have raised concerns about declining water quality in their wells. One resident has noted that the Chapman Well is slightly higher in elevation and the cone of depression from the Chapman Well is allowing Pack Creek Aquifer water to flow into nearby wells. It is claimed that the quality of the water in nearby wells is declining.24 The possibility of Pack Creek Water intruding into Glen Canyon Aquifer is something that should be investigated in the ongoing USGS study. Specifically, it is recommended to explore whether the USGS study can verify that pumping on the edge of the Glen Canyon Aquifer is reducing the outflow of water from the Glen Canyon Aquifer and allowing water from the Pack Creek aquifer to intrude into the Glen Canyon Aquifer. There is a question of whether Pack Creek water is moving into or close to the Moab City's wells during heavy pumping in the summer. Additionally, he asks if this is an indication that nearly all of the total available underground water near the Chapman Well is being utilized and whether any new allocations should be made from the Chapman well. In addition to this possible depletion or invasion of the system, it is recommended that the City take action to protect the aquifer from potential threats posed by proposed developments throughout the watershed. This includes SITLA land at Johnson's Up-On-Top25, as well as upgradient public and private land administered by counties, the BLM, and the USFS. It is recommended that the City participate directly in federal land management agency planning efforts which include the Moab area watershed, and cover activities which may impact the quantity or quality of water percolating into the aquifer, including oil and gas drilling, and vegetation management. Institutional and Political Factors There are several institutional and political factors relevant to the City of Moab Water Conservation Plan. It will be important to review any water rights applications submitted by adjacent water agencies such as the Grand Water and Sewer Service Agency and other water providers in the past five years to ensure that applications that involve such things as a change in points of diversion do not negatively affect the quantity or quality of Moab's water sources. In addition, the ability of the City to work with the Moab Irrigation Company (MIC) and its shareholders to keep surface -diverted irrigation water flowing to areas within the City, rather than being moved away from these lands for 23 Moab City Water Quality Report 2013. https://moabcity.org/DocumentCenter/View/1063 z4 Emailed from William Love copied to City Council 2016-11-15. is A Look at Johnson's Up -On -Top. http://www.livingrivers.org/pdfs/Johnsons.pdf MOAB WATER CONSERVATION PLAN 2016 Agenda Page 144 of 235 application elsewhere is key. A large part of the MIC's water shares are currently used by homeowners for yard irrigation, so it functions as a de facto secondary irrigation water system for residences in older portions of town. The City must look to the future of utilizing MIC water for outdoor uses within the City limits. Also, the potential development of a new water system in northern San Juan County should be of great concern to the City leadership. The San Juan Spanish Valley Special Service District has already changed a point of diversion from the San Juan River to Spanish Valley for 500 Acre Feet (not to be used until after USGS study) and have another right to 5000 Acre Feet to the Colorado River that could potentially have a change in point of diversion filed.26 Environmental Concerns Environmental concerns for the culinary system are growing; as stated earlier in this report, the USGS water study may reveal less water in the aquifer than assumed, and private wells near the golf course are reporting degraded water quality. Also, the potential development of SITLA land above the aquifer at Johnson's Up -On -Top could be a threat, along with potential hydraulic fracturing used in oil and gas drilling within the watershed. It is likely the City of Moab will need to develop new water supply sources or water rights, and does not yet have a water treatment facility for lower -grade water such as Colorado River water. The City will need to continue to monitor water quality to ensure the long-term sustainability of Moab's abundant water sources. Also of importance is climate change and how it affects our local aquifer. The City should consider scientific modeling to inform watershed policy. Global Climate Models (GCMs) are computer representations of the global climate system —the atmosphere, the oceans, ice sheets and sea ice, and the land surface —based on both physical laws and parameters derived from observation. The consensus of projections from about 35 GCMs is that the Intermountain West will warm by +2°F to +6°F by mid-century, relative to the 1971-2000 baseline. The range of projections reflects both greenhouse gas emission scenarios and differences among the models in how future climate will unfold under a given emissions scenario. The projections show summers warming more than winters, and typical summer temperatures by 2050 will be as warm or warmer than the hottest 10% of summers that occurred in the 20th century. The individual GCM projections have less agreement about whether average annual precipitation will increase or decrease in our region by 2050. The multi -model average shows little change in annual mean precipitation by 2050. Further, the models also suggest a seasonal shift in precipitation, with the combined effects of a northward -shifting storm track, potentially wetter storms and a drying of the sub -tropical regions globally resulting in more mid -winter precipitation, and in some areas, a decrease in late spring and summer precipitation. Together, the uncertain changes in precipitation and the more certain impacts of warming lead to a broad range of plausible futures for water in the Intermountain West. Consistent themes across those 26 Mark Stilson, Regional Engineer, USGS Presentation 2016-11-08. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 145 of 235 futures include snowmelt and runoff occurring earlier in the spring, decreased late -summer stream flows, and increased water use by crops and other vegetation.27 Although the analysis in this document does not include allowances for climate change, it may be prudent for City water policy to err on the conservative side to account for possible decrease in water supply relative to demand in the context of the changing climate. Fiscal Structure and Financial Resources The City recently issued bonds to complete the new Wastewater Treatment Plant, due to be completed in 2018. It is recommended that the City plan for expanded water rights, irrigation water rights, and incentive programs for commercial and residential projects to enhance water conservation to meet the City's conservation targets. One avenue for potential funding is the "WaterSMART Grants" program administered by the Department of Reclamation.28 The City leadership should determine a realistic budget for Water Conservation. At the low end, the City should maintain an educational page on the City's website. In the medium range of funding, the City should coordinate public workshops, pilot and demonstration projects, and dedicated sustainability staff. At the high end of fiscal commitment, the City should consider financial rebates and incentives and technical assistance for retrofits of residential and commercial systems. The City's current water rate structure was updated in 2016. The following is the City's current water rate structure: Table 14. Current Water Rate Structure for the City of Moab (Revised 7/1/2016) � UTILITY BILLING INFORMATION WATER RATES RESIDENTIAL_ $5.93 511.86 .47 .94 .64 1.29 • minimum charge (includes ihefirst 2,000 gallons) • per thousand for 3,000 to 10,000 gallons . per thousand for 1 1,000- or more gallons 1nra acseay wew. Y..ow $10.12 $20.24 2.24 4.50 .57 1.15 .136 1.33 _79 1.58 • minimum charge (incEucles the first 2,000 gallons) + per thousand for 3,000 to 5,000 gallons + per thousand for 6,000 to 10,000 gallons • per thousand for 11,000 to 50,000 gallons • per thousand for 51,000 or more gallons 27Western Water Assessment, Intermountain West Projection http://wwa.colorado.edu/climate/change.html 28 https://www.usbr.gov/watersmart/grants.html MOAB WATER CONSERVATION PLAN 2016 23 Page 146 of 235 WATER CONSERVATION GOALS Why Conserve? Several sources were consulted to gather suggestions for water efficiency programs that may be adopted for Moab, including The City of St. George29, the State of California39, the Alliance for Water Efficiency31, and the Utah Governor's Office32. There are important benefits to increasing water use efficiency, including: • Reduced stress on the environment of the watershed • Reduced landscape runoff (contaminated with fertilizers, pesticides, and road debris) to surface waters • Ability to stretch existing water supplies • Ability to provide water for surface or groundwater storage in wet years • Delayed capital cost of new infrastructure to treat and deliver water • Reduced water -related energy demands and associated greenhouse gas emissions • Better capacity to meet the water demand of Moab's growing population Current Water Conservation In the last few years, the overburdened wastewater treatment plant made robust water conservation campaigns difficult. More water has been needed to lessen the strain on the aging facility. Water conservation campaigns may need to delay a large-scale roll -out until the new wastewater treatment plant comes online in 2018 or beyond. Another challenge related to implementation of water conservation measures is that the City of Moab has a very small Water Department staff. The City does not have a Water Conservation Coordinator or Sustainability staff, although there is a Community Development Director and a Public Works Director. It is recommended that the City consider creating such a role on the City staff. Regardless, the City should embrace initiatives that are cost effective and not staff intensive, and that the effectiveness of water conservation efforts be simple to measure. This situation is another motive to call upon community citizens to form a Moab City Water Conservation and Drought Management 29 City of St. George Water Conservation Plan Update 2013 https://www.sgcity.org/pdf/administration/formsandapplications/conservationforms/washingtoncountywaterwiseplantli st.pdfwaterconservationplan.pdf 3o California Water Plan Update 2013: Chapter 3. Urban Water Use Efficiency.htto://www.water.ca.gov/calendar/materials/vol3 urbanwue apr release 16033.pdf 31 Alliance for Water Efficiency Tracking Tool. http://www.allianceforwaterefficiency.org/Tracking-Tool.aspx 32 See Governor Herbert's WATER CONSERVATION, UTAH EXEC. ORDER NO. 2015-4, Issued: June 3, 2015. http://www.rules.utah.gov/execdocs/2015/ExecDoc156361.htm MOAB WATER CONSERVATION PLAN 2016 Agenda Page 147 of 235 Committee, which can provide advice and guidance to staff and report to the City Council regularly with recommendations and actionable water conservation objectives. The City of Moab is poised to ramp up public efforts with respect to water conservation. Past water conservation efforts, a relatively dry climate, public perception, a high percentage of outdoor water usage, impacts on the City Waste Water Treatment Plant, and uncertainty with respect to the long- term availability of water sources are just a few of the challenges to be addressed. The idea of water conservation has not been thoroughly institutionalized and culturally accepted within the community. People are under the impression that water is a readily available resource with no need for conservation efforts, and adjusting this perception may be difficult. However, the population in general is changing perceptions of what is feasible. Also, the easy access to low -flow plumbing fixtures and other water -saving technologies will make a City-wide water conservation program understandable and palatable to the local populace. Water conservation measures such as progressive rate structures are difficult when trying to address outdoor use only, but the City has recently implemented a new rate structure. It is important to address the challenges and constraints in the development of short and long term water conservation goals. The fact that the City of Moab has not implemented intensive conservation efforts in the past, the overall public perception about the availability of water, the fact that Moab's outdoor water use is relatively high, the need to maintain water flow into the wastewater treatment plant to ensure its efficient operation, and the issues related to preserving and promoting the secondary water system all must be taken into consideration. Lastly, it is important to recognize that there is uncertainty associated with understanding the City's water sources. There are issues such as water quality, drought conditions and unknown factors that may affect our water sources. These issues point to the need for conservation. Public Education on Wise Water Use The City should rekindle the former campaign on wise water use, specifically, the following: (1) Renewal of City public education through the media and bill enclosures, reminding people to not water in the heat of the day; to water for a long period of time at intervals to get deep penetration of water and encourage deep rooting of landscaping, rather than for brief periods often; and to encourage low -water -demand plant selection for non -edible landscaping (xeriscaping)33. There are numerous topics that can and should be included, including water harvesting (on -site stormwater management to offset irrigation demand and provide additional benefits), and graywater reuse. 33 Water conservation advocates tend to ignore the distinction between edible and non -edible landscaping. Moab is dependent on what are possibly even more drought stressed agricultural areas for shipped -in food, including produce from California and Arizona, and which utilize Colorado River water which suffers significant evaporation losses. Local agriculture and self-reliance are valued in our community. Local ag with conscientious irrigation, while less conserving in a conventional sense than xeriscape, may represent a regionally more appropriate response to limited water supplies. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 148 of 235 (2) Sponsoring of public workshops on water -efficient irrigation and landscaping as a public service. (3) Revision of landscaping standards in residential and commercial site development zoning regulations to require water -efficient landscaping cultivar selection and irrigation systems. (4) Development and placement of placards in restrooms reminding visitors that they are visiting an arid climate in which water is limited, and stating ways to conserve water during their stay. The Travel Council should fund and publicize water saving tips in all overnight accommodations and commercial restrooms, as well as at the MRAC. It is very common for tourists to ignore or not understand the water challenges faced in a hot and dry climate. It can be an everyday occurrence to observe a line of rental jeeps at the carwash, or notice campers taking 20 minute showers at the pool. Even seemingly small savings can add up, when magnified by the 25,000 average visitors in peak summer months34. For example, turning off the tap after wetting a toothbrush or while lathering hands with soap; reusing towels; taking five-minute showers; sweeping patios instead of hosing them down; and wiping down a mountain bike with a dry cloth instead of using water. An aggressive public information campaign directed toward residential, commercial, and institutional outdoor water use, commercial use in restaurants and hotels, and tourism -related water use is needed. The Transient Room Tax (TRT) is a likely source for publicity funds to mitigate the impacts of the tens of thousands of tourists the City hosts on a daily basis in the peak months of the year. Promoting strategies to convert landscapes from high water use to drought tolerant plantings and high efficiency irrigation systems can greatly reduce outdoor water usage. Further, incorporating landscape -based stormwater retention strategies, roof water catchment, and greywater reuse can further decrease the amount of outdoor water used for landscaping while producing additional benefits to water quality, decreased energy use and more. Another public education challenge, faced by communities throughout the west, is that Moab is in an arid climate. The 2005 Water Conservation Plan showed that approximately 60% of the water that is delivered to customers from City sources is used for outdoor irrigation, and this number is in line with 34 Analysis of TRT & Sales Tax statistics from the City of Moab Treasurer for 2014-2016, compared January (with little or no outdoor water use and few tourists) with peak demand in August (with outdoor water use and the highest tax revenues per year) resulting in a figure representing consumption generated by tourists and outdoor water use that is approximately 2.5 times the indoor usage of residents alone. Assuming that some portion of the Moab population spends significantly in Grand Junction, online, or elsewhere, then this ratio would increase and there would be more average tourists per day using the infrastructure. For example, in 2015 if half of March sales were actually tourists (to establish baseline of 41,805), then it would be 360% (3.6x), or an additional 26,000 people per day. So, likely we are somewhere in between this 2.5x and 3.6x population much of the time. Deborah Barton, Grand County's Solid Waste Special Service District manager, reported on December 1, 2016, a 3.5x increase in volumes to landfill/recycling facilities during tourist season vs. baseline, so the water -use estimates have this additional credence. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 149 of 235 the range for communities throughout the West.35 This means that conservation efforts need to be aimed toward outdoor use.36 Water Conservation Policies/Ordinances In 2009, the City of Moab adopted Resolution 4118-2009, A RESOLUTION ADOPTING THE 2020 VISION: A SUSTAINABLE MOAB PLAN. This plan recognizes the leadership role of the City of Moab in "championing volunteer efforts to preserve and conserve natural resources and promote a cleaner, healthier environment." It also acknowledges "new paradigms of natural resource utilization, [to] ensure the health and well-being of future residents while at the same time meeting the needs of our current residents37." The first part of the plan presents goals for water conservation, to ensure the long-term productivity of The City of Moab's aquifers. It calls for reduction of per -household, per -business and City -owned facilities' water use by 20 percent by the year 2020. The Action Steps proposed included these measures: • Adopt a new water rate structure that rewards culinary water conservation. (Completed 2016) • Investigate how other communities have implemented successful water conservation plans and implement productive programs. • Implement water use reduction and water reuse programs at City -owned facilities. • Expand public awareness of the City of Moab and Grand County culinary water resources. The City staff has embraced several water conservation measures for City -owned properties, including elimination of mid -day watering of landscapes (when possible, watering between midnight and four AM). In addition, the City Hall landscape, along with a few other "demonstration gardens" at the public library, the hospice garden, and at USU, present water -wise landscapes and plants for citizen education. The Moab City Water Conservation and Drought Management Committee can embrace these objectives and make recommendations for public education campaigns and revisions to the City Code. Another element of Vision 2020 addresses sustainable construction practices. While the goal is far- reaching in its effort to utilize renewable energy sources and green building elements in residential and commercial building projects, a simple piece of this is codifying water -efficient plumbing fixtures, landscaping, and graywater systems to cut down on culinary water use City-wide. The Water 35 Annual water use for 1,000 houses in each of 12 cities. http://bcn.boulder.co.us/basin/local/heaney.html 36 Crossroads Utah p.16. http://utahrivers.org/wp-content/uploads/2015/10/Crossroads.pdf 37 Vision 2020: A Sustainable Moab Plan (2008). MoabCityResolutionAdopting2020VisionSustainableMoabPlan.pdf. Passed and adopted by action of the Governing Body of the City of Moab in open session this 25th day of August, 2009. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 150 of 235 Conservation and Drought Management Committee can research what is feasible, what other jurisdictions have already adopted, and tailor a campaign that fits Moab's needs. "Retrofitting for Sustainability" provides existing home and business owners incentives to reach the goal of increasing energy efficient retrofits by 40% by 2020. This goal called upon collaboration with the Southeast Utah Association of Local Governments to identify and retrofit energy inefficient dwellings owned or occupied by low and moderate income households, and to work with utility companies to promote energy efficiency and renewable energy incentives for homes and businesses. Moab City and the City Hall in particular have been models for the community with solar projects, low-water landscaping, energy efficient fixtures, and more. The City can continue its impact by embracing the existing action steps of providing regular commentary to local news outlets regarding sustainable practices and Moab's success in achieving the goals of the Vision 2020 Plan; assigning staff and a citizens' committee to provide regular reports to the Moab City Council on the progress of this plan; provide regular reports to community groups and organizations on the progress of this plan as well as information on sustainable "best practices" in other locales that can be successfully implemented here; and utilize the City of Moab's website and internet-based written, audio and video networks to encourage sustainable practices. Future Planning and Zoning ordinances should be required to balance the "water budget" to ensure water conservation measures do not compete with development and to ensure Moab City remains drought and flood resilient. Numerical Goals for Water Conservation As stated earlier in this report, current water supply can optimistically sustain a total Moab population of approximately 11,552. Capping the population would be the easiest numerical goal to ensure adequate water resources. However, the always -growing tourist market may further alter this level. As stated earlier, the average number of daily visitors in peak months has already topped about 25,000 visitors on top of the Moab resident population of about 5,000. The Moab -Area Travel Council mission to promote Moab as a year-round destination threatens the City's ability to "make up" for record usage in summer during the low -use winter months. In lieu of capping the population, the table below shows the estimated conservation rates needed to match the build -out projections. One column shows the high percentage of reduction needed based on reported potential production of available sources; the other column shows the more modest rates of conservation that is needed if all water rights exercised resulted in "wet water" delivered: MOAB WATER CONSERVATION PLAN 2016 Agenda Page 151 of 235 Table 15. Estimated Conservation Rates to match Build Out population projections Potential Production* Paper Rights Conservation Rate to achieve Build -Out population: 51.87% 15.94% Per Capita GPD to achieve Build - Out (Dwellings + Commercial) 150.67 263.16 NOTES: Conservation rates estimated as ratio of population for Carrying Capacity to projected Build Out, based on 2015 rates of consumption and safety factor used in carrying capacity estimates. *Potential production may be revised when final USGA report is issued. As stated earlier in this report, it is recommended that the City embrace an initial goal of 25% reduction in culinary water consumption for both indoor and outdoor use over the next five years. By comparison, the current goal for the City of Albuquerque is 40%38. RECOMMENDATIONS FOR IMPLEMENTATION OF WATER CONSERVATION MEASURES The City of Moab is primed to embrace water conservation efforts in light of our high per capita use due to the heavy burden of tourism, which drives the local economy. There are several areas where conservation measures are needed, and many are relatively easy to embrace. • Appoint a Citizens' Water Conservation and Drought Management Committee. • Create a Sustainability Coordinator role on the City staff. • Implement a public education campaign as detailed above. • Ensure plumbing codes require more efficient fixtures. • Adopt a water efficient landscape ordinance. • Reward new technologies in the commercial/industrial sector, including waterless or 0.5 gallon urinals, high -efficiency toilets, commercial washing machines, and pre -rinse spray valves in restaurant kitchens, and commercial dishwashers. • Mitigate existing inefficiencies in residential plumbing, including Toilets, Showers, Leaks, Faucets, and Clothes Washers. • Revise codes to allow graywater systems and composting toilets within City limits. • Prohibit hosing down sidewalks and washing cars with hoses that do not have a shut-off valve. • Reduce impact on current supply: The approvals of large new developments in Moab must be linked to assurances that there is an adequate water supply over a twenty year period. Without assurances that there is a reliable source of water, even in dry years, large development projects cannot proceed. as http://www.harvesth2o.com/alb.shtml MOAB WATER CONSERVATION PLAN 2016 Agenda Page 152 of 235 " A d o p t a g r e e n i n f r a s t r u c t u r e o r d i n a n c e f o r s t o r m w a t e r m a n a g e m e n t t o p r o t e c t w a t e r q u a l i t y , i n c r e a s e l o c a l i z e d g r o u n d w a t e r r e c h a r g e a n d o f f - s e t l a n d s c a p e i r r i g a t i o n t h r o u g h m a t c h i n g p l a n t i n g s w i t h g r e e n i n f r a s t r u c t u r e t r e a t m e n t s . " P r o h i b i t o u t d o o r w a t e r i n g b e t w e e n t h e h o u r s o f 1 0 : 0 0 a m a n d 6 : 0 0 p m . a n d i n t r o d u c e p r a c t i c a l s o l u t i o n s f o r s t a f f t o e n f o r c e c o r r e c t i o n s f o r o v e r - w a t e r e d l a w n s , p o o r l y m a i n t a i n e d s y s t e m s w i t h u n n e c e s s a r y o v e r s p r a y , a n d e t c . M o r e r e s e a r c h i s n e e d e d t o d e t e r m i n e w h a t l e v e l o f w a t e r s a v i n g s c a n b e r e a l i z e d i f a l l i r r i g a t i o n i s s h i f t e d t o n i g h t . " E n s u r e a l l C i t y - o w n e d f a c i l i t i e s a d h e r e t o t h e G o v e r n o r ' s E x e c u t i v e O r d e r N o . 2 0 1 5 - 4 a n d e n c o u r a g e a l l g o v e r n m e n t a l f a c i l i t i e s l o c a t e d w i t h i n M o a b C i t y l i m i t s ( F e d e r a l , S t a t e , a n d C o u n t y ) t o a d h e r e t o t h e s a m e 3 9 . " S t u d y f e a s i b i l i t y a n d e f f e c t i v e n e s s o f a l l o w i n g w i n t e r o v e r f l o w t o r e c h a r g e t h e a q u i f e r a s h i g h a s p o s s i b l e . " P u r s u e i m p l e m e n t a t i o n o f a s e c o n d a r y w a t e r s y s t e m f o r o u t d o o r w a t e r i n g a n d o t h e r s e c o n d a r y u s e s t o p r e s e r v e p r i s t i n e g r o u n d w a t e r . " U p d a t e V i s i o n 2 0 2 0 t o a c k n o w l e d g e w h a t h a s b e e n a c c o m p l i s h e d , a n d r e s e t t a r g e t s a s p a r t o f t h e r e v i s e d G e n e r a l P l a n . " T h e C i t y s h o u l d w o r k w i t h o t h e r g o v e r n m e n t a l u s e r s i n t a k i n g m e a s u r e s t o r e d u c e a p p l i c a t i o n o f c u l i n a r y w a t e r t o l a r g e l a w n a n d o t h e r p l a n t e d a r e a s . " I n a d d i t i o n t o w o r k a l r e a d y d o n e b y t h e C i t y ' s W a t e r D e p a r t m e n t s t a f f , T h e C i t y s h o u l d c o n d u c t w a t e r u s a g e a u d i t s o f C i t y a n d o t h e r f a c i l i t i e s t o d e t e r m i n e m o r e e f f i c i e n t w a t e r a p p l i c a t i o n a n d l a w n m a i n t e n a n c e p r a c t i c e s . I n a d d i t i o n , t h e C i t y s h o u l d c o n t i n u e t o c o n s i d e r a l t e r n a t i v e s t o g r a s s a n d o t h e r h i g h w a t e r p l a n t s w h e n d e v e l o p i n g n e w p a r k s a n d t o r e - l a n d s c a p e " w a s t e d t u r f " ( n o t p l a y i n g f i e l d s a n d e t c . ) i n e x i s t i n g p a r k a r e a s . I n a d d i t i o n , t h e C i t y s h o u l d w o r k w i t h M o a b I r r i g a t i o n t o d e t e r m i n e i f i t i s f e a s i b l e f o r t h e C i t y t o a c q u i r e w a t e r s h a r e s . T h i s c o u l d p o t e n t i a l l y r e d u c e t h e C i t y ' s r e l i a n c e o n c u l i n a r y w a t e r f o r C i t y u s e , a n d a d d m o r e C i t y c o n t r o l o v e r t h e u s e o f r u n o f f w a t e r f o r i r r i g a t i o n p u r p o s e s . " T h e l o n g - t e r m v i a b i l i t y o f t h e M o a b I r r i g a t i o n C o m p a n y ( M I C ) s h o u l d b e o f c o n c e r n t o t h e C o u n c i l . I t h a s b e e n m e n t i o n e d s e v e r a l t i m e s t h a t t h e a b i l i t y o f c i t y r e s i d e n t s t o u s e M I C w a t e r i s i m p o r t a n t f o r p r e s e r v a t i o n o f c u l i n a r y w a t e r f o r i n d o o r u s e . I t i s i m p o r t a n t t o m a i n t a i n a p o s i t i v e r e l a t i o n s h i p w i t h M I C t o e n s u r e c o n t i n u e d o p e r a t i o n o f t h e i r r i g a t i o n s y s t e m w i t h i n c i t y l i m i t s . I t i s a l s o i m p o r t a n t t o r e c o g n i z e t h a t t h e M I C s y s t e m , w h i l e r e c e n t l y u p g r a d e d t o a p r e s s u r i z e d s y s t e m , i s a n o l d s y s t e m w i t h c o n s t a n t m a i n t e n a n c e c h a l l e n g e s . " I n t e g r a t e w a t e r c o n s e r v a t i o n w i t h i s s u e s a t t h e W a s t e w a t e r T r e a t m e n t P l a n t i n c l u d e e d u c a t i o n o n c o m p o s t i n g t o m i n i m i z e u s e o f g a r b a g e d i s p o s a l s a n d c r e a t e a s o i l a m e n d m e n t t h a t h e l p s w i t h l a n d s c a p e w a t e r r e t e n t i o n , a n d p r o m o t e c o m p o s t i n g t o i l e t s . T h e S t a t e o f A r i z o n a h a s b e e n a l e a d e r i n i n n o v a t i o n i n t h i s a r e a . 4 o 3 � S e e G o v e r n o r H e r b e r t ' s W A T E R C O N S E R V A T I O N , U T A H E X E C . O R D E R N O . 2 0 1 5 - 4 , I s s u e d : J u n e 3 , 2 0 1 5 . h t t p : / / w w w . r u l e s . u t a h . g o v / e x e c d o c s / 2 0 1 5 / E x e c D o c 1 5 6 3 6 1 . h t m 4 � A r i z o n a c o d e o n " m a x i m u m w a t e r c o n s e r v a t i o n : " h t t p s : / / l e g a c y . a z d e p . g o v / e n v i r o n / w a t e r / e n g i n e e r i n g / d o w n l o a d / r u l e s / o s s 4 0 3 . p d f ) M O A B W A T E R C O N S E R V A T I O N P L A N 2 0 1 6 A g e n d a P a g e 1 5 3 o f 2 3 5 " A s s t a t e d e a r l i e r , i t i s r e c o m m e n d e d t h a t t h e C i t y t a k e a c t i o n t o p r o t e c t t h e a q u i f e r f r o m p o t e n t i a l t h r e a t s p o s e d b y p r o p o s e d d e v e l o p m e n t s t h r o u g h o u t t h e w a t e r s h e d . T h i s i n c l u d e s S I T L A l a n d a t J o h n s o n ' s U p - O n - T o p 4 1 , a s w e l l a s u p g r a d i e n t p u b l i c a n d p r i v a t e l a n d a d m i n i s t e r e d b y c o u n t i e s , t h e B L M , a n d t h e U S F S . I t i s r e c o m m e n d e d t h a t t h e C i t y p a r t i c i p a t e d i r e c t l y i n f e d e r a l l a n d m a n a g e m e n t a g e n c y p l a n n i n g e f f o r t s w h i c h i n c l u d e t h e M o a b a r e a w a t e r s h e d , a n d c o v e r a c t i v i t i e s w h i c h m a y i m p a c t t h e q u a n t i t y o r q u a l i t y o f w a t e r p e r c o l a t i n g i n t o t h e a q u i f e r , i n c l u d i n g o i l a n d g a s d r i l l i n g , a n d v e g e t a t i o n m a n a g e m e n t . 4 1 A L o o k a t J o h n s o n ' s U p - O n - T o p . h t t p : / / w w w . l i v i n g r i v e r s . o r g / p d f s / J o h n s o n s . p d f M O A B W A T E R C O N S E R V A T I O N P L A N 2 0 1 6 3 1 A g e n d a P a g e 1 5 4 o f 2 3 5 Stormwater Management: A Scenario Rainwater is a resource, and when not managed properly can become a nuisance and liability. The potential to manage precipitation as part of the water supply portfolio should be explored. Pursuing site -scale water harvesting through green infrastructure best practices would simultaneously improve stormwater management. Table 16. Water Falling on Moab City at different precipitation levels: % put to Use: 50% Area (sq ft) Precip/YR (in) Constant Coefficient Gallons/YR AF/YR total AF/YR avail for Use 112,994,640.00 4 0.623 0.75 211,186,982.16 648.11 324.05 6 316,780,473.24 972.16 486.08 9 475,170,709.86 1,458.25 729.12 Calculated as: Area in square feet is Acres within City Limits (2,594) x square feet per acre (43,560) Precipitation per year is average total rain and snow, in inches. Average precipitation in Moab is 9 inches, and 3 scenarios were estimated Constant is used to convert to gallons, based on 7.48 gal/cubic ft x 1ft/12inches Coefficient is the percent of precipitation running off surfaces. 0.75 was selected to reflect high levels of imperviousness in built environment. A more thorough analysis of land use would inform the best coefficient to use. The percent put to use reflects a selected target for the amount of precipitation that could be captured or directed to offset existing or future water demand Table 17. Estimated Total Water Use and potential conservation through Landscape Conversions, per 1,000 square feet PF IE ETWU Conventional turf and sprinklers 0.8 0.75 43,063 Water -wise plantings and drip 0.3 0.81 14,953 Potential water conservation: 28,110 Percent reduction: 65% Based on the above values and assumptions, 1 acre foot/ year of water conservation could be achieved for every 11,600 square feet of landscape conversion. Additional benefits would accrue when landscape conversion projects are designed to harvest runoff, build healthy soil, and/or reuse greywater on -site. Calculation based on CA Water Efficient Landscape Ordinance, where: ETWU = PF x ET x 0.623 / IE ETWU = Estimated Total Water Use, in gallons per year PF = Plant factor, with 1 being an open pan evaporation test. Expressed in decimal form as percent water use relative to open pan ET = evapotranspiration (inches per year) less effective precipitation (0.75 * average precipitation per year) IE = Irrigation efficiency. The percent of water applied that is beneficially used by the plants. Rates from 2015 CA WELO update. MOAB WATER CONSERVATION PLAN 2016 Agenda Page 155 of 235 Additional Readings on Water Conservation (Courtesy of John Weisheit, Executive Director of Living Rivers) Shrinking the Earth: The Rise and Decline of American Abundance (2015). Donald Worster. Oxford University Press (on order at Grand County Public Library). Cadillac Desert: The American West and Its Disappearing Water (1986). Mark Reisner. Vision 2020: A Sustainable Moab Plan (2009) https://moabcity.org/DocumentCenter/View/1006 GWSSA Water Conservation Plan for Spanish Valley, Utah (2014) http://www.grandwater.org/Portals/0/2014%20Conservation%20PIan%20System%2010023%20Final.pdf 2014 - Living with Water Scarcity; (References). Zetland. 2015- A Performance Audit of Projections of Utah's Water Needs. Utah legislative audit. 2016 - Grand County Water Master Plan. GWSSA. 1979 - Colorado River Basin Water Problems and How to Reduce Their Impact. Government Accountability Office. 1998 - National Drought Policy Act 2005 - Grand Challenges for Disaster Reduction (emphasis on drought and floods). National Science and Technology Council. 2006 - Managing Drought and Water Scarcity in Vulnerable Environments. Geological Society of America. 2009 - The End of Abundance: How Water Bureaucrats Created and Destroyed the Southern California Oasis. Zetland. 2009 - Prosperity Without Growth Report. Jackson. 2010- Forest and Water Climate Adaption: A case Study of Moab and Castle Valley, Utah. CWC. 2012 -Crossroads Utah. URC. 2013 - Hydrologic Assessment of the Surface Water and Groundwater Resources of Castle Valley, Utah: Part 1: Hydrologic and Environmental Analysis (HESA) and Preliminary Water Budget MOAB WATER CONSERVATION PLAN 2016 Agenda Page 156 of 235 CITY OF MOAB RESOLUTION #38-2016 A RESOLUTION APPROVING THE DEVELOPMENT IMPROVEMENTS AGREEMENT WITH JPK TR MOAB II, LLC, A SOUTH DAKOTA LIMITED LIABILITY COMPANY, FOR THE SLEEP INN MAIN STAY SUITES ON PROPERTY LOCATED AT 356 SOUTH MAIN STREET IN THE C-3 ZONING DISTRICT WHEREAS, JPK TR Moab II, LLC, "Applicant," provided the City of Moab with the necessary documents, plans and drawings to complete the review of the Site Plan application of the proposed Sleep Inn Main Stay Suites Hotel as required in Moab Municipal Code (MMC) Chapter 17.09.660 and other pertinent code sections; and WHEREAS, Applicant desires to construct a three-story, 87-room motel that is 51,380 square feet in size that will include a pool, required parking, landscaping and associated improvements on the described property; and WHEREAS, the proposed hotel is a permitted use in the C-3 (Central Commercial) Zone; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing for compliance with the requirements of MMC Title 17, Site Plan Review October 27, 2016 and subsequent to the hearing unanimously adopted Planning Resolution #16-2016 and found that the development met or can meet the requirements of MMC Title 17 with conditions; and WHEREAS, Applicant is required to complete public and other improvements for the Development; and WHEREAS, A Development Improvements Agreement between the City and Applicant is required as a condition of approval in order to provide for the completion of, and financial assurance for, the required improvements for the development; and WHEREAS, the Development Improvements Agreement has been presented to this meeting of the Moab City Council; and NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #38-2016 hereby approves the Development Improvements Agreement with JPK TR Moab II, LLC, and authorizes the appropriate officials to execute and deliver said agreements. PASSED AND APPROVED in an open meeting by a majority vote of the Governing Body of Moab City Council on December 13, 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #38-2016 Page 1 of 1 Agenda Page 157 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETANG —December 1 , 2°16 Agenda Item #: 7-3.6 Title: Approval of the Development Improvements Agreement for the new Sleep Inn Hotel Development to be located at 356 S. Main Street Fiscal Impact: Offset by required public improvements and fees associated with the DIA Staff Presenter: Amy Weiser, Community Services Director Owner: JPK TR Moab II, LLC Department: Administration Summary: On October 27, 2016 the Planning Commission approved the development with several conditions. One of the conditions requires that a Development Improvements Agreement (DIA) be executed between the developers and the City for certain required improvements. The project site requires the re -alignment of an existing public sewer line, which required new easements be recorded. In addition the applicant agreed to provide a sum of money to cover their share of the costs to improve the sewer infrastructure in Walnut lane. The City Attorney and City Staff worked closely to prepare the DIA and the developer has reviewed the document, agreed to its terms and signed the document. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the Development Improvements Agreement with JPK TR Moab II, LLC for the development of the new Sleep Inn. Recommended Motion: "I move to approve the Development Improvements Agreement for the development of the new Sleep Inn to be located at 356 S. Main Street. Attachment(s): Development Improvements Agreement and associated exhibits. Page 158 of 235 DEVELOPMENT IMPROVEMENTS AGREEMENT For Sleep Inn Main Stay Suites For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and JPK TR Moab II, LLC, a South Dakota limited liability company (Developer) mutually referred to as the "Parties", enter into the following Development Improvements Agreement (the Agreement), pursuant to Moab Municipal Code Section 17.09.660 et seq., to govern the development of the subject property and the installation of required improvements. I. RECITALS. A. On , 2016 the City Planning Commission approved the application for the construction of a hotel located at 356 South Main Street (the Project), subject to five conditions: 1. The Applicant must execute a Development Improvement Agreement with the City of Moab defining all public improvements and guarantee amounts, off -site sanitary sewer payment -in -lieu amounts (for 100 West and Walnut Lane), and off -site sanitary sewer improvements adjacent to the project that are required to be completed prior to the issuance of a Building Permit. 2. The Applicant must submit all final design plans for off -site sanitary sewer improvements adjacent to the Project and all recorded sanitary sewer easements on adjacent property(ies) for review and approval by the City Engineer prior to the issuance of a Building Permit. 3. The Applicant must provide an off -site sanitary sewer payment -in -lieu amount for sanitary sewer improvements in 100 West and Walnut Lane with a final amount yet to be determined (but not to exceed $75,000) prior to the issuance of a Building Permit. 4. The Applicant must provide an Approved UDOT Access Permit for the project prior to the issuance of a Building Permit. If any revisions to the City of Moab Approved Site Plan occur through the UDOT access permitting process, the Applicant will be required to amend or modify the City approved Site Plan which could include additional processing and/or approval by the City. 5. The Applicant must provide an Approved UDOT Right -of -Way (ROW) Encroachment Permit for the construction off all utility, sidewalk, and other improvements within UDOT ROW prior to the start of construction on the project. B. Developer has submitted to the City its preliminary design drawings, which show in sufficient detail the required improvements for the Project. Page 159 of 235 Sleep Inn Development Improvements Agreement Page 2 of 10 II. AGREEMENT IN CONSIDERATION OF THE ABOVE, THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement is described as set forth in Exhibit 1, attached (the Property). 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Project, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid, and service obligations established, at the time of connection or the time when the service is performed. a). The Project shall include an eighty seven (87) room hotel, parking, and related improvements, as depicted in Exhibit 2, attached. 3. Required Improvements and Approvals. Developer shall construct all of the improvements on and adjacent to the Property shown on the Development Improvement Schedule attached as Exhibit 3 (the Required Improvements). Required Improvements shall include the Public Improvements, as shown in Exhibit 4 Construction Cost Estimate, attached, as well as the following: (a) Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; (b) Streets, curbs, gutters, and sidewalks; (c) Street striping, signage, and street lights; (d) Storm water drainage facilities; (e) Non -motorized pathways; (f) All landscaping, irrigations systems, fencing, or other visual screening; (g) all electric utility lines, cable television/data, and telephone lines; and (h) all incidental improvements necessary or specified for use and occupation of the Property. 4. Payment in Lieu of Project Sewer Improvements. The Parties have conferred and determined that certain deficiencies in the Walnut Lane sewer line would be impacted by the Project, and the Developer would ordinarily be required to upgrade same in conjunction with its planned construction of the Project. However, the City plans to undertake other sewer system upgrades in the vicinity (including, but not limited to, the South Trunk Line sewer project) for reasons unrelated to the Project. The timing of construction of those improvements is uncertain at this point. Depending on the pace of development, those improvements may eliminate the need for the upgrades to the Walnut Lane sewer line. To address the uncertainty, the parties agree that Developer shall deposit a sum of money with the City to cover those possible Walnut Lane sewer Page 160 of 235 Sleep Inn Development Improvements Agreement Page 3 of 10 improvements, which sum will be held and/or spent as specified in this Agreement. a). In lieu of being required to upgrade the Walnut Lane sewer, Developer shall deliver to the City the sum of sixty two thousand dollars ($62,000.00) (the Payment in Lieu) no later than fifteen (15) days from the effective date of this Agreement. The Payment in Lieu will be held by the City in a non -interest bearing account, and may be comingled with other City funds as it deems necessary. The parties agree that: i) the Payment in Lieu amount represents the Developer's proportionate share, on an equivalent residential unit (ERU) basis, of the anticipated cost of the Walnut Lane sewer improvements; and ii) the Payment in Lieu is a sum which is equal to or less than the cost of sewer project improvements which Developer would otherwise have to construct for the use and occupancy of the Project. b). The City will apply the Payment in Lieu towards the following Walnut Lane (and adjacent) sewer improvements: design and engineering; approximately 600 linear feet of 24" sewer main (or equivalent); manholes; lateral connections; bypass pumping; asphalt, concrete, and surface excavation; surface restoration and miscellaneous costs. The work shall be undertaken by the City at no further cost to the Developer. The timing of the work and the specific design features of the sewer improvements shall be committed to the sole discretion of the City. c). The Payment in Lieu shall be in addition to all other impact fees, connection fees, building permit fees, or other fees which may be applicable to the Project. d). In its discretion, the City may combine the Payment in Lieu with other funds for the construction of the Walnut Lane sewer improvements. However, if construction of the Walnut Lane sewer improvements is not substantially completed within ten (10) years of the Effective Date of this Agreement, then the City shall promptly refund the Payment in Lieu to the Developer upon its written request. 5. Conveyance of Easements. Developer shall convey to the City a total of five (5) easements in connection with the development of the Property as follows: i) Off -site Sewer Easement Exhibit 5; and ii) Utility Easement, Pedestrian Path Easement, Sewer Easement, Exhibit 6; and Shared Access Easement, Exhibit 7. The final form of those easements shall be as mutually agreed between the parties. The Easements shall be executed and delivered to the City in recordable form no later than fifteen (15) days from the Effective Date of this Agreement. 6. Improvements to be Completed in Conformity with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Page 161 of 235 Sleep Inn Development Improvements Agreement Page 4 of 10 Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, applicable building codes, and all state and federal regulations, as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 7. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements shall be completed within three hundred sixty five (365) days from the Effective Date of this Agreement. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Developer that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the development approvals shall be deemed lapsed and shall have no further effect. 8. Occupancy. No Certificate of Occupancy shall be issued, and no occupancy shall commence, until such time as: i) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; and ii) all other performances required by this Agreement have been completed. 9. Acceptance of Public Improvements, Warranty. All of the Public Improvements shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Developer or its authorized representative shall provide not less than forty (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Developer. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Developer. Any work which is covered up prior to inspection may be rejected, in which case Developer shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the Public Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Developer to the City of all such improvements. Developer shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. Page 162 of 235 Sleep Inn Development Improvements Agreement Page 5 of 10 b). Developer warrants that all Public Improvements dedicated to the City shall be constructed of new materials, in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c), To partially secure this obligation, Developer shall deposit with the City the sum of eight thousand one hundred thirty three dollars ($8,133.00), which sum is equal to ten percent (10%) of the construction cost, as described in Exhibit 4, for Public Improvements (the Warranty Deposit). The Warranty Deposit shall be delivered to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. d). The Warranty Deposit shall be paid by the Developer before issuance of a building permit. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Developer upon expiration of the warranty period for the subject improvements. In the,event of any default following delivery of written notice to Developer with respect to Developer's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Developer additionally warrants that all Public Improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the Public Improvements. 10. Zoning Compliance; Permits. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements. a). Developer shall deliver to the City a copy of: i) the access permit issued by the Utah Department of Transportation (UDOT); and ii) the approved right of way encroachment permit for the construction of all utility, sidewalk, and other improvements within the UDOT rights of way. The permits shall be delivered prior to issuance of a building permit. 11. Default, Remedies, Lapse of Site Plan. All provisions of this Agreement are material and any violation is grounds for declaration of default. Prior to invoking any remedies for default under this Agreement the City shall deliver written notice to the Developer describing the act, event, or omission constituting a default, and allowing Developer a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) Page 163 of 235 Sleep Inn Development Improvements Agreement Page 6 of 10 proceeding against the Warranty Deposit; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a Lapse of Site Plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of Lapse of Site Plan by the City shall result in the lapse of all prior land use approvals and the voiding of the Site Plan as to the Property. 12. Recording. This Agreement shall be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. 13. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Developer in the ownership or development of all or any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Development Improvements Agreement, all exhibits hereto, the Final Site Plan, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially Page 164 of 235 Sleep Inn Development Improvements Agreement Page 7 of 10 prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that: i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to, third parties concerning any private improvements to the Property, and the City has no responsibility for public improvements unless/until the City accepts dedication pursuant to this Agreement; and iii. except as otherwise provided herein, Developer shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. j). All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: JPK TR Moab, II, LLC P.O. Box 15 Aberdeen, SD 57402-0015 Attn: James P. Koehler k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. Page 165 of 235 Sleep Inn Development Improvements Agreement Page 8 of 10 I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. m). This Agreement is a valid and binding obligation executed after obtaining all necessary authority required of the Parties. 14. Indemnity. Developer shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Developer, its members, managers, employees, agents, or contractors in connection with the development of the Property or the performance of this Agreement. 15. Future Legislative Power. Nothing in this Agreement shall be construed to impair, limit, or abrogate the future legislative power or zoning authority of the City. 16. Minor Plan Amendments. The City Planner shall have the authority to authorize in a writing designated as a Minor Plan Amendment such minor changes as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions , engineering difficulties, or design problems, provided that all such changes must be consistent with the overall intent and purpose of this Agreement. 17. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties as set forth below. 18. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: 1. Project Site Legal Description; 2. Site Plan; 3. Required Improvements; 4. Public Improvements, Construction Cost Estimate; 5. Off -Site Sewer Easement; 6. Utility Easement, Pedestrian Path Easement, and Sewer Easement; 7. Shared Access Easement. THIS AGREEMENT has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Developer as of the Page 166 of 235 Sleep Inn Development Improvements Agreement Page 9 of 10 date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder DEVELOPER: JPK TR MOAB, II, LLC Date James P. Koehler, Member Date STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing Development Improvements Agreement was executed before me by , this day of , 201_. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Page 167 of 235 Sleep Inn Development Improvements Agreement Page 10 of 10 STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing Development Improvements Agreement was executed before me by , this day of , 201_ Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH COUNTY OF GRAND The foregoing Development Improvements Agreement was executed before me by , this day of , 201_ Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: -End of Document- -Exhibits Follow - Page 168 of 235 v�c�ty 3G.11I •Buluu!Saq luiod ay; paled aai pue leyoW aye. 8uole £E'17ST M„SO,W7.68N = paooa8) laaj. S9'Z8i lsaM aouayo.haled uaa;s0 aye. 8uole (14 3„ OOIZS,8S = pa00a8) ;aaj. 80'LLT ISe3 „OO,tSoB yP-noS @nag; "pond uaalsp aye. Bale laaJ £6'6Z isaM „OO,LO.S8 141nos aouaq; 'S >loolg 'y geld uolsln,pgns aell!A wnluean 'Z1 1014o aawo0 lsamy3a0N a1-11. 01- Z17'ZST IsaM „917,6toi L nos aauatp 4aaj.1717'8£T IsaM „00,00.178 glnos aouaq; `aull Aem ;Op pies &uole (la@l ZO'8SZ I5e3 „£S,6TOS y1noS saeaq paoya) „LZ,BSoZ to ague lea1uao e aye. ol anano snlpea;oo4 STIL.617 e Buole zaa4170'8SZ aouayp,'Z6Z • Aemg91H se umowl osle laa4s au!' AEM 1.01.1 AlaaIsaM ay1 uo luiod e holed lueq suolz aye. 2uole zaaj.17E'tb9Z „00,00o-178 LI1JoN aouaq; (24 LZ'Oir ypoN aza} 9Z'817 aauaq; flaa} 06'6z;sea „00,000V8 (4.1oN aouaq; Pauli uopas aye. &foie 0£S 3„6Z,6000N = paooa)j) laa4 Z£'OZS ISe3 „ELS0.0 aouay; Buluuna pue 'uelppaN pue aseg lleS'ISe3 tz aBue i lq;nos 9Z dlysumol'Z uopas aauaoo aa;aenb y;nos aye. waif. aull uolloas aye.8uoie g•gzs lse3„£t,S0o0 gvoN lulod e;e SuluulSag uogdposad Aaepunog .1eld sly; uo umoys se punw2 aye. uo park pue paAanans ARoa.uoo uaaq sey awes pue NOIslnlagns ON1 se umowl aq o; aa;}eaaay sizaags pue slot ow! puel jo peak. ples papinlpgns anal pue'molaq pagposap Madoad apew seen Aanans puel e leg; Ajg.iaa aa144anI I 'VOSOtSL 'ou asuaoll ploy I pue yelrl 40 al-els ayP.40 smel aye aapun pagposaad se iohanans puei leuolssaload e we l;ey; Aj.waa seon-i 'l aleo► iJao s,ao%amns k 119/HX3 Page 169 of 235 0 % 0 • B LANDSCAPE PLAN SLEEP IN & MAINSTAY SUITES FOR TKO HOTELS 356 SOUTH MAIN STREET, MOAB, UTAH 84532 251 W. HILTON DR N 202 P.O. BOX 2775 ST. GEORGE UTAH 84770 (435) 828-2377 (435) 873.3580 fe• www.mnwleslpn.com Page 170 of 235 EXHIBIT 4 ENGINEER'S ESTIMATE OF PUBLIC IMPROVEMENT CONSTRUCTION COST SLEEP INN - MAIN STAY SUITES CITY OF MOAB, UTAH 12/6/2016 ITEM NO. CONTRACT ITEM UNIT QUANTITY Unit Cost Total 1 EXISTING CURB, GUTTER AND DRIVEPAD DEMOLITION SY 120 $ 10.00 $ 1,200 2 CAP & ABANDON EXISTING WATER SERVICE EA 1 $ 500.00 $ 500 3 EXISTING MANHOLE REMOVAL & DISPOSAL (<10' DEPTH) EA 2 $ 1,000.00 $ 2,000 4 TEMPORARY SEWER BYPASS PROVISIONS LS $ 5,000.00 $ 5,000 5 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 8' WIDE x 4" THICK CONCRETE SIDEWALK PER UDOT STANDARDS, INC. SUBGRAOE PREPERATION LF 160 $ 90.00 $ 14,400 6 NEW ACCESSIBLE RAMPED DRIVEWAY PER UDOT STANDARD DRAWING GW 4A, 7" THICK DRIVE PAD (36' DRIVEWAY WIDTH) EA 1 $ 2,500.00 $ 2,500 7 NEW 5' WIDE x 4" THICK PEDESTRIAN SIDEWALK PER MOAB CITY STANDARDS, INC. SUBGRADE PREPERATION SY 130 S 45.00 $ 5,850 8 NEW CONCRETE STEPS ON GRADE, INCLUDING HANDRAIL LS 1 $ 1,500.00 $ 1,500 9 3/4" ROAD BASE (8" DEPTH) CY 25 $ 35.00 $ 875 10 NEW 8" SEWER MAIN (0-5' DEPTH) LF 200 $ 50.00 $ 10,000 11 NEW 8" SEWER MAIN (5.10' DEPTH) LF 275 $ 60.00 $ 16,500 12 NEW 8" SEWER MAIN (10-15' DEPTH) LF 30 $ 80.00 $ 2,400 13 NEW 48" STANDANOARD MANHOLE, INC. CONNECTION TO EXISTING SEWER MAIN EA 3 $ 4,200.00 $ 12,600 14 NEW 60" DROP MANHOLE EA 1 $ 6,000,00 $ 6,000 otal Estimate GOFF I SpV14{\C INC Page 171 of 235 ° w Cr) O CD O z rn (V 1 1 m O lD lD 00 I SOUTH QUARTER CORNER 4._ SECTION 1, T26S, R21E, SLB&M EXHIBIT B East 292.57 r- I`' L1 LINE BEARING DISTANCE L1 S 84°00'00" W 20.08' L2 N 03°52' 1 1 " W 30.00' L3 N 84°00'00" E 20.00' L4 S 84°00'00" W 20.00' L5 N 06°31'58" W 30.00' L6 N 84°00'00" E 19.94' East 316.87 a a POINT OF BEGINNING POINT OF BEGINNING A30.00' R4971.151 DO°20'45" L6 F r n7 A30.00' R4971.15' DO°20'45" Page 172 of 235 Shared Access Area 1 (North) Beginning at a point on the westerly right of way line of Main Street also known as highway 191 said point being North 00°05'13" East along the section line 1122.94 feet and East 292.51 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence 30.00 feet along a 4971.15 foot radius curve to the left with a central angle of 0'20'45" (chord bears S 04°10'02" E 30.00 feet) along the right of way line; thence South 84°00'00" West 20.08 feet; thence North 03°52'11" West 30.00 feet; thence North 84°00'00" East 20.00 feet to the point of beginning. Shared Access Area 2 (South) Beginning at a point on the westerly right of way line of Main Street also known as highway 191 said point being North 00°05'13" East along the section line 866.03 feet and East 316.87 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 84°00'00" West 20.00 feet; thence North 06°31'58" West 30.00 feet; thence North 84°00'00" East 19.94' feet to a point on said right of way; thence 30.00 feet along a 4971.15 foot radius curve to the left with a central angle of 0°20'45" (chord bears S 06°38'14" E 30.00 feet) along the right of way line to the point of beginning. Page 173 of 235 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Chris Robb, Shawn B. Robb, Betty Jo Robb, and Val Rob (collectively: Grantor) hereby grant and covey the following easement to the City of Moab, a Utah municipality (Grantee), as follows: 1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive easement for ingress/egress, construction, maintenance, repair, and replacement of municipal facilities over and across the lands described in Exhibits A and B, attached, situated in the County of Grand, State of Utah. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes that are consistent with the rights accorded to the Grantee under this deed. However, any improvements installed by Grantor within or upon the Easement which interfere with the intended uses or purposes, or which otherwise violate this deed may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the parties and their respective successors and assigns in title, and the Easement shall burden the subject real property of the Grantor in perpetuity, unless abandoned upon execution and recording of a written notice of abandonment duly executed by Grantor and Grantee. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easements and utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, of any improvements constructed within the Easement, or which may be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all constriction or maintenance activities. All construction, maintenance, or repair activities of the Grantee shall be undertaken at its sole cost and expense. a. Grantor shall be solely responsible for repair, replacement, or restoration of any improvements within the Easement which may be damaged or altered as a result of any act or omission of Grantor, its agents, employees, or contractors. 1 Page 174 of 235 5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access to the other party, or otherwise engage in any actions or conduct which would have the effect of preventing or obstructing the uses authorized by the Easement. 6. Sewer Pipeline Easement. The Easement shall be used by the Grantee for the installation, maintenance, repair and/or replacement of a municipal underground sewage pipeline, including incidental surface facilities such as manholes, inlets, cleanouts, or the like. Grantee shall be authorized to engage in any activities, or construct any improvements, within or upon the Easement which are consistent, necessary, or incidental to these purposes. 7. Governing Law; Jury Waiver. This deed is governed by Utah law. The exclusive venue for any dispute arising under this deed shall be the courts of Grand County, Utah. Any dispute arising under this deed shall be heard by the court sitting without a jury, regardless of the denomination of any such legal claims. 8. Remedies; Costs. Depending on the nature of the dispute, this deed may be enforced in an action for specific performance, damages, or both. In any action seeking specific performance or injunctive relief the moving party shall be entitled to obtain such relief without the necessity of posting bond of any type. In any dispute arising under this deed the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 9. Authority; Modification. This deed is a valid and binding obligation duly executed after both parties have obtained the necessary authority. The terms of this deed are not subject to modification, except upon execution of a writing duly executed by both parties providing for such modification. Conveyed and agreed as of the date of execution by all parties, below. Grantor: Chris Robb By: Shawn B. Robb By: 2 Date Date Page 175 of 235 Robb/Moab DEED OF UTILITY EASEMENT Signature Page Betty Jo Robb By: Val Robb By: Date Date ACKNOWLEDGMENT The foregoing Deed of Utility Easement was executed before me this _ day of , 2016 by Chris Robb, Shawn B. Robb, Betty Jo Robb, and Val Robb. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: Grantee: City of Moab By: Mayor David Sakrison Date 3 al C d a) Q Page 176 of 235 Robb/Moab DEED OF UTILITY EASEMENT Signature Page, Contd. Attest: By: Rachel Stenta, Recorder Date ACKNOWLEDGMENT The foregoing Deed of Utility Easement was executed before me this _ day of , 2016 by Grantee, the City of Moab, acting through Mayor David Sakrison. Witness my hand and official seal. My commission expires: Exhibits A and B follow. Notary Public, State of Utah. Address: 4 Page 177 of 235 Exhibit A A 30-foot-wide sewer line easement being more particularly described as: Beginning at point on the center section line said point being N 00°05'13" E 1024.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence N 84°48'24" W 87.51 feet; thence N 02°27'23" W 30.27 feet; thence S 84°48'24" E 88.86 feet; thence S 00°05'13" W 30.12 feet along the center section line to the point of beginning. Page 178 of 235 I (21 N 02°27'23" W 30.27' L! lf S 84°48'24" E 88.86' EXHIBIT B S 00°05'13" W 30.12' N 84°48 24 VV \ POINT OF 87.51' BEGINNING 5 00°05'13" W 1024.7' w 1= SOUTH QUARTER CORNER SECTION 1, T26S, R21E, SLB&M ca c a) a1 Q Page 179 of 235 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF UTILITY AND ACCESS EASEMENTS For good and valuable consideration, receipt of which is acknowledged, JPK TR Moab II, LLC, a South Dakota limited liability company (Grantor), hereby grants and coveys the following easements to the City of Moab, a Utah municipality (Grantee), as follows: 1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive easement for ingress/egress, construction, maintenance, repair, and replacement of municipal facilities, including: a Sewer Pipeline Easement, Exhibit 1, attached; a Utility Easement, Exhibit 2, attached; and a Pedestrian Path Easement, Exhibit 3, attached (collectively: the Easements); all of which are located in the County of Grand, State of Utah. Grantor warrants good and sufficient title to the Easements. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easements, and shall be entitled to utilize same for all purposes that are consistent with the rights accorded to the Grantee under this deed. However, any improvements installed by Grantor within or upon the Easements which interfere with the intended uses allowed to Grantee, or which otherwise violate this deed may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easements shall be binding upon the parties and their respective successors and assigns in title, and the Easements shall burden the subject real property of the Grantor in perpetuity, unless abandoned upon execution and recording of a written notice of abandonment duly executed by Grantor and Grantee. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easements and utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, of any improvements constructed within the Easements, or which may be constructed in the future. Grantee shall restore the surface of the Easements to the approximate condition existing prior to disturbance following all construction or maintenance activities. Grantee shall not be responsible for repair or replacement of improvements installed by Grantor which encroach upon the Easement. All construction, maintenance, or repair activities of the Grantee shall be undertaken at its sole cost and expense. 1 Page 180 of 235 a. Grantor shall be solely responsible for repair, replacement, or restoration of any improvements within the Easements which may be damaged or altered as a result of any act or omission of Grantor, its agents, employees, or contractors. 5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access to the other party, or otherwise engage in any actions or conduct which would have the effect of preventing or obstructing the uses authorized by the Easements. 6. Pedestrian Path Easement. The Pedestrian Path Easement shall be used by the Grantee and members of the general public for purposes ingress/egress by pedestrians, bicyclists, and others utilizing non -motorized vehicles. The Pedestrian Path Easement is intended to be connected to other sidewalks, non -motorized pathways, and trails maintained by the Grantee and used by the public. Grantor consents to the connection of the Pedestrian Path Easement to other sidewalks, pathways, or trails held or maintained by Grantee. Grantee shall be authorized to erect, repair, constnict, or replace appropriate signage, lighting, benches, railings, paving, and/or such other improvements as will facilitate the intended use. 7. Utility Easement and Sewer Pipeline Easement. The Utility Easement shall be used by the Grantee for the installation, maintenance, repair and/or replacement of municipal underground utilities, including culinary water pipelines, electric lines, natural gas pipelines and/or related or incidental facilities. The Sewer Pipeline Easement shall be used by the Grantee solely for the installation, maintenance, repair and/or replacement of a municipal wastewater pipeline and associated facilities. Grantee shall be authorized to engage in any activities, or construct any improvements, within or upon the Utility Easement and/or the Sewer Pipeline Easement which are consistent, necessary, or incidental to these purposes. 8. Governing Law; Jury Waiver. This deed is governed by Utah law. The exclusive venue for any dispute arising under this deed shall be the courts of Grand County, Utah. Any dispute arising under this deed shall be heard by the court sitting without a jury, regardless of the denomination of any such legal claims. 9. Remedies; Costs. Depending on the nature of the dispute, this deed may be enforced in an action for specific performance, damages, or both. In any action seeking specific performance or injunctive relief the moving party shall be entitled to obtain such relief without the necessity of posting bond of any type. In any dispute arising under this deed the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 10. Authority; Modification. This deed is a valid and binding obligation duly executed after both parties have obtained the necessary authority. The terms of this deed are not subject to modification, except upon execution of a writing duly executed by both parties providing for such modification. 2 Page 181 of 235 Conveyed and agreed as of the date of execution by all parties, below. -Remainder of Page Intentionally Left Blank - DEED OF UTILITY AND ACCESS EASEMENTS Signature Page Grantor: JPK Moab II, LLC By: James P. Koehler, Member Date ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easements was executed before me this day of , 2015 by James P. Koehler, for and on behalf of the Grantor, JPK Moab II, LLC. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: Grantee: City of Moab By: Mayor David Sakrison Date Attest: By: Rachel Stenta, Recorder Date ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easements was executed before me this day of , 2016 by Grantee, the City of Moab, acting through Mayor 3 Page 182 of 235 David Sakrison. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: 4 Page 183 of 235 i I I EXHIBIT 1 i N 00°05'13" E 30.1' I S8 .5 ''24" E .41 POINT OF� BEGINNING N84°4824„ 57.4' I SOUTH QUARTER CORNER SECTION 1, T26S, R21E, SLUM O Ty) 01 vs o �F l-1 O Z S8 07'00" W 4.34' S 01 °49'46" W 13.24' CU 'C C Q Page 184 of 235 EXHIBIT 1 Sewer Easement A sewer line easement being more particularly described as: Beginning at point on the center section line said point being N 00°05'13" E 1024.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence N 00°05'13" E 30.12 feet along the center section; thence S 84°48'24" E 75.42 feet; thence S 04°09'03" E 189.08 feet; thence S 30°25'25" E 169.22 feet; thence 5 01°49'46" W 13.24 feet; thence S 85°07'00" W 14.34 feet; thence N 30°25'25" W 178.90 feet; thence N 04°09'03" W 166.63 feet; thence N 84°48'24" W 57.41 feet to the point of beginning. Page 185 of 235 EXHIBIT 2 N 22°35 00 W N 84°00'00" E 4.62' 10.42' EAST 154.75' I SOUTH QUARTER CORNER SECTION 1, _mius_ T26S, R21E, SLIMM S 30°25'25" E 15.03' N 59°34'35" E 30.00' D S 22°35'00" E °0R'y'1,//// 7.87' �'j / S 41°08'18" W / / 57.54' / ` N 70°28'28" E 22.56' I �0 2$2$ S 19°31'32" E 20.00' I 43.1 II II II I Iw I Im- I I�al I IC) 0 I Iin I I I► O P.I o ml I o `" i z I lvi I a3\ s IS r 3� \ I I \ \e3 �s o � j0°\ \ F I I o o cP I I� \ \ I I S 83 I L__ 96.27' \ L _ —N 83s47`1�* W 84.99' POINT OF BEGINNING S 01°49'46" W 18.74' S 01°49'46" W 11.20' S 85°07'00" W 19.93' Page 186 of 235 EXHIBIT 2 Utility Easement Beginning at a point North 0°05'13"East 698.53 feet along the section line and East 154.75 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 83°47'12" West 84.99 feet; thence North 4°09'03" West 333.73 feet; thence North 41°08'18" East 75.92 feet; thence North 22°35'00" West 4.62 feet; thence North 84°00'00" East 10.42 feet; thence South 22°35'00" East 7.87 feet; thence South 41°08'18" West 57.54 feet; thence North 70°28'28" East 22.56 feet; thence South 19°31'32" East 20.00 feet; thence South 70°28'28" West 43.11 feet; thence South 4°09'03" East 173.99 feet; thence South 30'25'25" East 15.03 feet; thence North 59°34'35" East 30.00 feet; thence South 30°25'25" East 143.01 feet; thence South 1°49'46" West 18.74 feet; thence North 30°25'25" West 148.87 feet; thence South 59°34'35" West 32.35 feet; thence South 4°09'03" East 103,88 feet; thence South 83°47'12" East 96.27 feet; thence South 1°48'17" West 11.20 feet; thence South 85'07'00" West 19.93 feet to the point of beginning. Page 187 of 235 EXHIBIT 3 R=25.00' L=19.63' D.45 °00'00" CH=N41 °04'03 "E CH L=19.13' N 18°34'03" E 2.92' R=5.00' L=3.93' D=45 °00100" CH=1\141 °04'03 "E CH L=3.83' z POINT OF BEGINNING �0 03` " 5635551 SOUTH QUARTER CORNER SECTION 1, T26S, R21E, SL88cM R=10.00' L=12.83' 0=73 °30138" CH=N49°06'23 "E CH L=11.97 403„ F.N 85°51'41" E 63 �3 /� % 46_97_ / %3;r `�85°51'41" W / 63°3bt 00� 45.00' �3 6 R=15.00' L=11.78' 0=45 °00'00" CH=S41 °04'03 "VV CH L=11.48' N 18°34'03" E 2.92' R=15.00' L=11.78' D=45 °00'00" CH=S41 °04'03 "W CH L=11.48' N 12°21'03" E 3.90' S 74°31'39" E 24.56' N 84°03 N 76°27159 E 13.5 121_41' 123.34. N 74°31'39" W 17.71' R=20.00' L=18.94' D=54°14155" CH=S58°44'14"W CH L=18.24' W —S 8 04 3'0 a� �6�_ ' S 06°27'33" E 10.00' 5" W Page 188 of 235 EXHIBIT 3 Pedestrian Walkway Easement Beginning at a point North 0°05'13"East 779.87 feet along the section line from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 0°05'13" East 11.18 feet; thence North 63°34'03" East 50.52 feet to a point of curvature; thence 3.93 feet along a 5.00 foot radius curve to the left with a central angle of 45°00'00" (chord bears North 41°04'03" East 3.83 feet); thence North 18'34'03" East 2.92 feet to a point of curvature; thence 19.63 feet along a 25.00 foot radius curve to the right with a central angle of 45°00'00" (chord bears North 41°04'03" East 19.13 feet); thence North 63'34'03" East 45.57 feet; thence North 85'51'41" East 46.97 feet to a point of curvature; thence 12.83 feet along a 10.00 foot radius curve to the left with a central angle of 73°30'38" (chord bears North 49°06'23" East 11.97 feet); thence North 12°21'03" East 3.90 feet; thence South 74°31'39" East 24.56 feet; thence North 76°27'59" East 121.41 feet; thence North 84°03'06" East 13.57 feet; thence South 6°27'33" East 10.00 feet; thence South 84°03'06" West 13.00 feet; thence South 76°27'59" West 123.34 feet; thence North 74°31'39" West 17.71 feet to a point on a curve; thence 18.94 feet along a 20.00 foot radius curve to the right with a central angle of 54°14'55" (chord bears South 58°44'14" West 18.24 feet; thence South 85°51'41" West 45.00 feet; thence South 63°34'03" West 43.60 feet to a point of curvature; thence 11.78 feet along a 15.00 foot radius curve to the left with a central angle of 45°00'00" (chord bears South 41°04'03" West 11.48 feet); thence South 18°34'03" West 2.92 feet to a point of curvature; thence 11.78 feet along a 15.00 foot radius curve to the right with a central angle of 45°00'00" (chord bears South 41°04'03" West 11.48 feet); thence South 63°34'03" West 55.51 feet to the point of beginning. Page 189 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 11, 2016 / / Agenda item #: 7-17 Title: Approval of the Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and Approval of the Construction Reimbursement Agreement between the City of Moab and Club Utah Resort Group, LLC Fiscal Impact: minimal - staff time and effort only Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The City of Moab, Utah Department of Transportation (UDOT), and Club Utah Resort Group, LLC, aka Moab Springs Ranch, have worked together to address a drainage issue in UDOT ROW that is directly adjacent to the Moab Spring Ranch property. The City of Moab will be party to both of the agreements, but will have no fiscal responsibility for the costs of design or repairs. The City will act as a "middle man" for the funding of the project, and City staff will assist UDOT with construction observation and coordination while the work is being performed. The drainage issue being repaired is directly adjacent to the bicycle path located in UDOT ROW. After rainfall and runoff events, there is frequently dirt and sediment deposited on the bike path in this area. These repairs should reduce or eliminate the amount of sediment deposition on the bike path, and minimize City maintenance crew time to clean up after the storms. City staff is available to further explain the work being done, and to answer any questions that the City Council may have. Staff Recommendation: Staff recommends approval of both agreements. Recommended Motion: "I move to approve the Cooperative Agreement between the Utah Department of Transportation and the City of Moab, and to approve the Construction Reimbursement agreement between the City of Moab and Club Utah Resort Group, LLC." 1 Agenda Page 190 of 235 Attachments: Cooperative Agreement between UDOT and City of Moab Construction Reimbursement Agreement between City of Moab and Club Utah Resort Group, LLC. Agenda Page 191 of 235 Resolution #37-2016 A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND THE CITY OF MOAB, AND APPROVAL OF THE CONSTRUCTION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF MOAB AND CLUB UTAH RESORT GROUP, LLC WHEREAS, The City of Moab, Utah Department of Transportation (UDOT), and Club Utah Resort Group, LLC, aka Moab Springs Ranch, have worked together to address a drainage issue in UDOT Right -of -Way that is directly adjacent to the Moab Spring Ranch property; and WHEREAS, the City of Moab will be party to both of the agreements, but will have no fiscal responsibility for the costs of design or repairs; and WHEREAS, the Cooperative Agreement and the Construction Reimbursement Agreement have been presented to this meeting of the City Council; Now therefore, we, the governing body of the City of Moab do hereby authorize the Mayor to execute the Cooperative Agreement and Construction Reimbursement Agreement as presented. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 13TH day of December, 2016. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #37-2016 Agenda Page 192 of 235 Page 1 of 1 LyDit:Vr State of Utah Department of Transportation .S®f Keeping Utah Moving Cooperative Agreement p 9 Local Agency Performing Work for UDOT Project Description: US-191; Moab Springs Ranch Drainage Modifications Local Agency: City of Moab Location: US-191 MP 127.23 — 127.39 Estimated value of Reimbursement $25,000 Pin:15145 Project: S-0191(147)127 FINET Program: 7256612S Date Executed Comptrollers signature date THIS AGREEMENT, made and entered into on the executed date, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "UDOT", and City of Moab, a political subdivision of the State of Utah, hereinafter referred to as the "Local Agency." UDOT requested that the Work be included in the Local Agency's Project. Subject to the attached provisions, Local Agency will include the following items into its Project. Unless the parties agree to a lump sum, upon signing this Agreement, UDOT agrees that the costs shown are estimates and that it will be responsible for paying the actual costs associated with these items, based on unit bid prices, and actual quantities placed. If a lump sum payment is specified, UDOT will not pay for any additional costs beyond the lump sum payment amount. Description of Work: Moab City will be responsible for the oversight of the design and construction of drainage modifications at Moab Springs Ranch. Work will be reimbursed for actual costs paid to contractor. This will include actual materials, labor and equipment used to complete the project. Labor and equipment will be paid for at the unit prices Standard Rate Sheet, October 2016, attached to this document. Contractor will be required to document hourly work activities including equipment, labor, and materials. All costs to be reimbursed, will be paid as per invoice(s) submitted by contractor. All payments to contractor will be verified with copies of returned checks. Upon verification of full -payment to contractor the project will be closed. UDOT will provide detour for mixed -use trail, including road base and traffic control devices. UDOT will furnish 140 ft of 36 inch pipe culvert and 8-36 inch culvert bands. Engineering costs expended by Moab Spring Ranch for the design of modifications will be reimbursed as part of this agreement. Costs to include: List or Description of Items Item # Item Description Estimated Quantity Unit Price Estimated Cost #1 Construction (labor, equipment & materials) $23,000.00 #2 Engineering $2,000.00 Estimated Total Cost to Moab $25,000.00 LUMP SUM PAYMENT: TOTAL AMOUNT TO BE PAID BY UDOT (Fill in only if actual cost approach is not used.) Project Completion Date: TBD Billing must be submitted within 3 months of work completion date to Kathy Starks, UDOT Region 4 , 5340 W 200 S #300, Hurricane, UT 84737 or emailed to kstarks@utah.gov..PH 801-699-0263. Agenda Page 193 of 235 If the actual costs exceed the agreed maximum total cost, Local Agency will immediately notify UDOT and UDOT can determine whether to reduce the scope of Work or continue with the Work at the increased cost. Once final UDOT signoff has occurred, the Local Agency will submit the receipts of payments for the Work to the UDOT Region office. UDOT will process the payment of the committed amount or the direct costs of approved activities, whichever is less, within 45 days and send a check to the Local Agency. Total Estimated Reimbursement to the Local Agency is $25,000 Provisions Local Agency will include the UDOT's Work provided UDOT pays the actual costs incurred for the Work. Local Agency's contractor will perform the Work described in this Agreement in accordance with UDOT's plans and specifications. Local Agency will notify UDOT two weeks in advance prior to starting the Work so UDOT may inspect the Work. UDOT has the right to inspect the Work but may choose not to exercise this right. Regardless of any inspection by UDOT, Local Agency is still required to construct the Work in accordance with the plans and specifications. UDOT, through its inspection of the Work, will provide Local Agency with information addressing any problems or concerns UDOT may have with acceptance of said Work. Upon completion of the Work, the Local Agency will contact UDOT for a final review and inspection. UDOT reserves the right to withhold payment unless the Work is completed to UDOT standards and specifications. The Local Agency has the right to correct any deficiencies in a timely manner and resubmit the Work for inspection and approval. I. Liability: UDOT and the Local Agency are both governmental entities subject to the Governmental Immunity Act. Each party agrees to indemnify, defend and save harmless the other party from any and all damages, claims, suits, costs, attorney's fees and actions arising from or related to its actions or omissions or the acts or omissions of its officers, agents, or employees in connection with the performance and/or subject matter of this Agreement. The obligation to indemnify is limited to the dollar amounts set forth in the Governmental Immunity Act, provided said Act applies to the action or omission giving rise to the protections of this paragraph. This paragraph shall not be construed as a waiver of the protections of the Governmental Immunity Act by the parties. The indemnification in this paragraph shall survive the expiration or termination of this Agreement. II. Termination: This Agreement may be terminated as follows: a. By mutual agreement of the parties, in writing b. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this Agreement. Reasonable allowances will be made for circumstances beyond the control of the parties. Written notice of intent to terminate is required and shall specify the reasons for termination. If a party fails to cure the breach, the other party may terminate this Agreement. c. By UDOT for the convenience of the State upon written notice to the Local Agency. However, UDOT will be responsible for the costs incurred for the Work before the termination of the Agreement. III. Maintenance: Division of jurisdiction and responsibilities of state highways shall be in accordance with Utah Code Section 72-3-109 and applicable rules. IV. Payment and Reimbursement to Local Agency: UDOT shall be responsible for all actual costs associated with the Work described in this Agreement up to the maximum total cost or lump sum. The Local Agency must submit the billing within 3 months of the Work completion date. V. Change in Scope and Schedule: If Work scope or schedule changes from the original intent of this Agreement, UDOT will notify the Local Agency prior to changes being made. If the Local Agency modifies its Project and the modification affects the Work, Local Agency will immediately notify UDOT. In the event there are changes in the scope of the Work, extra work, or changes in the planned Work covered by this Agreement, a modification to this Agreement Agenda Page 194 of 235 must be approved in writing by the parties prior to the start of work on the changes or additions. VI. Environmental Compliance The Local Agency will assure compliance of the Project with all applicable state and federal environmental statutes, regulations, rules, and permitting requirements. VII. Miscellaneous: Each party agrees to undertake and perform all further acts that are reasonably necessary to carry out the intent and purposes of the Agreement at the request of the other party. The failure of either party to insist upon strict compliance of any of the terms and conditions, or failure or delay by either party to exercise any rights or remedies provided in this Agreement, or by law, will not release either party from any obligations arising under this Agreement. This Agreement does not create any type of agency relationship, joint venture or partnership between the parties. Each party represents that it has the authority to enter into this Agreement. This Agreement may be executed in counterparts by the parties. VIII. Content Review: Language content was reviewed and approved by the Utah AG's office on February 2, 2015 [Moab City] Utah Department of Transportation By Date By Date Title/Signature of Official [UDOT Officer Name & Title] By Date By Date Title/Signature of additional official if required Region Director [or second signature verification] By Date By Date Title/Signature of additional official if required Comptrollers Office Agenda Page 195 of 235 CONSTRUCTION REIMBURSEMENT AGREEMENT This Construction Reimbursement Agreement is entered into by and between the City of Moab (City) and Club Utah Resort Group, LLC (CUR) as follows: a. The Utah Department of Transportation (UDOT) has identified that certain drainage improvements on the CUR property at 1266 North Highway 191, Moab, Utah 84532 as being beneficial, and it is prepared to provide reimbursement funding for the construction of those improvements, subject to oversight by the City. b. CUR is willing to undertake the design and construction of drainage improvements on its property and to obtain reimbursement for its costs as outlined in the UDOT Cooperative Agreement. c. The City is willing to coordinate and provide local oversight of the construction, as further set forth in this Agreement. AGREEMENT 1. Design. CUR will undertake design of the improvements as generally described in the UDOT Cooperative Agreement attached as Exhibit A. All improvements will be designed by a licensed Utah civil engineer. The plans will be submitted for review and approval by UDOT prior to the commencement of any construction, and the approved plans will be provided to the City Engineer. 2. Construction. CUR shall be solely responsible for the completion of all construction, which shall be done in a workmanlike manner and in conformity with all approved plans and building codes. Costs of all construction for the work shall be initially paid by CUR, subject to reimbursement as set forth below. The City will issue a grading permit for the work at no cost. CUR will be responsible for obtaining any other necessary permits from UDOT. 3. Reimbursement. From the proceeds of the UDOT project agreement the City will reimburse CUR for the proportionate value of all work performed in conformity with this Agreement. The total project budget shall be twenty-five thousand dollars ($25,000) . The City shall not be liable for any sums in excess of those actually received from UDOT for the project grant. Any additional costs for completion of the work shall be borne solely by CUR. CUR will be reimbursed no later than 30 days from the date of submittal of complete pay requests accompanied by supporting invoices or inspection reports, as applicable. Final payment shall be made promptly following a final inspection by the City and confirmation that all work is completed in conformity with this Agreement. 4. Points of Contact. The City's representative on the project will be the City Engineer, Phillip Bowman. The representative for CUR will be McKay Edwards, Manager. 5. Compliance with Grant/Waiver of Bonding. CUR will adhere to all terms and conditions contained in the UDOT Cooperative Agreement. For purposes of construction bonding requirements, all parties agree that this matter is a private construction project. The City shall not be obligated to require payment/performance bonds, nor shall it be subject to any duties 1 Agenda Page 196 of 235 to subcontractors or material suppliers. CUR will obtain lien waivers from all laborers, material suppliers, and subcontractors in conjunction with all payments made under this Agreement. CUR additionally agrees that it will indemnify and hold the City harmless with respect to any claims by vendors, subcontractors, laborers, or material suppliers asserting claims as a result of any non-payment by CUR. 6. Governing Law. This Agreement is governed by Utah law. The sole venue for any dispute arising under this Agreement shall be the courts of Grand County, Utah. In any dispute arising under this Agreement the parties agree that the matter shall be decided by the Court sitting without a jury, regardless of the denomination of the legal claims which might be brought. 7. Integration/Modifications. This document is the sole and complete agreement of the parties, and supersedes all prior representations or agreements. This Agreement shall only be modified in a writing signed by both parties. 8. Additional Documents. The parties agree to cooperate in executing such other and additional documents as may be necessary to carry out this Agreement or satisfy the requirements of the UDOT Cooperative Agreement. 9. Warranty. CUR warrants that it will repair or replace any work performed under this Agreement which is found to be defective in construction or workmanship within one year from the date of completion. 10. Notice. Notices under this Agreement shall be delivered as follows: City of Moab c/o Phillip Bowman, City Engineer 217 East Center Street Moab, UT 84532 email: pbowman@moabcity.org Club Utah Resort Group, LLC email: The foregoing Agreement is valid and binding as of the date of execution, below. City of Moab By: David L Sakrison, Mayor Date 2 Agenda Page 197 of 235 City of Moab/Club Utah Resort Group Construction Reimbursement Agreement Signature Page, Cont. Attest: Rachel E. Stenta, Recorder Date Club Utah Resort Group, LLC By: McKay Edwards, Manager Date Attachment: Exhibit A — UDOT Cooperative Agreement -End of Document- 3 Agenda Page 198 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda. Item #: 7-18 Title: Approval of a Grading Permit Fee Waiver for the Water Reclamation Facility Site Preparation Project in an amount not to exceed $18,000 Fiscal Impact: loss of revenue for permit fees estimated at $18,000 Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Contractor: Harrison Field Services Background/Summary: The Water Reclamation Facility (WRF) Site Preparation Project is the first phase construction at the new wastewater treatment plant. The Site Preparation Project has been awarded to Harrison Field Services (HFS), and work on the project began on December 5, 2016. HFS is currently focusing their efforts on the removal of vegetation from the site, including large trees and root balls. HFS is required to get a Grading Permit prior to the placement of any fill material on the site, and they have submitted a Grading Permit Application to the City Engineer for review and approval. Based on the total quantity of earthwork to be completed on the site, the estimated grading permit fee is approximately $18,000. It is requested that the Grading Permit Fee be waived for this project. If the waiver is approved, the City Engineer will approve and issue the Grading Permit for the project to allow HFS to begin fill placement in the coming days. It is anticipated that all work on the project will be complete around the end of February 2017. 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 Grading Permit Fee Waiver. 1 Agenda Page 199 of 235 Recommended Motion: "I move to approve the Grading Permit Fee Waiver for the Water Reclamation Facility Site Preparation Project in an amount not to exceed $18,000." Attachments: Grading Plan for WRF Site Agenda Page 200 of 235 i 5 0 SCAT 30 IN FEET PROPERTY LINE 60 II N 6656890.04 E 2191 636.02 - --- N 6656770.07 E 2191 635.65 I 6 RADIUS POINT 1 N 6656798.99 E 2191647.79 \ PC IN 6656875.94 E 2191720.94 A N 6656772.09 2191715.65 00 • (DO N 6656780.93 E 2192066.01 I f\ X I\ I \ I N CO rn I IUS N 6656873.97- E 2191647.78 PC N 6656896.94 E 2191700.10 DO 95.0' RADIUS POINT N 6656875.94 E 2191699.94 ND -3965 I 0 rn M -'i. irt• P D r rn 20' / / / / =(�32i�OD`DSi� APPROXIMATE LOCATION OF /" EXISTIN1 UNSIIITAEL F FII // MATERIAL d® ®�t�� =cam�� - - _ �� t �* - _---- �♦ ��� -t1 •'�`- 36 - A\>A PC N 6656925.12 E 2191661 .31 RADIUS POINT � N 6656925.12 csi E 2191671.36 I PC 1 +0 N 6656915.13 / / / PC N 6656901.16 E 21911744.36 I �j o I I PC N 6656826.17 E 2191819.25 RADIUS POINT N 6656901.16 E 2191819.36 0 O 1 % MIN PC N 6656826.16 E 2191963.41 O I I I I h 21`-71h/1.2� PC N 665,014.93 - - 7-- - / N 5656892.12 E/ 191715.30 / / - 2+03 I _ N 3+00 6h 11 O co ,D PC //' � 6657149.78 PC_______/---":,-.5 RADIUS661 J N 6657149.78 11, E 2191 671.36 PC N 665 159.78 E 2191671.35 00 B-3 RADIUS POINT N 6656901.16 E 2191961 43 0 O N PC N 6656901.1§ ' E 219200 3967 3968 3969 OO O mgtIlLgmliElffi -0 I./,I�- .STEWAFF 1..) °�°°= II\i/\rII /i\t I`//\' `//\� OHO I O11 OHP \ S-6-1=4.11 OHF 00\ / ee O 0 0 rn M 0 0 O M 1 + 0 N 6657154.92 E 2191847.95 / / / /// / 1 % MIN - N 6657154.92 E 2191875.95 B-1 I I I I I I I PC I N 6657160.32 E 2192023.48 RADIUS POINT N 6657145.32 E 2192023.49 \ I I RADI N 6: E 21 PC 4400 N 6657145.32 2192038 4-9- 0 20.0' 9 nn S POINT 571 62.72 92017.04 \ / r ----- m : Ti 4.r�l/ IMIVEINEIgimiratiedravarsweiwomandi VHF +99 • PP OHP ,.Ir �liri�ll/icll/icllricl OH 4+87 I 1 1 \ �_ PP SHARLENE PC - I SPAH FAMILY LTD. ABBOT N 6657163.66- BK.509PG418 I BK.774PG.946 E 2192057.03 1 I 2g2 L0"I 01 zoo Agenda \1 SU-1b-04 Moab WKF Final Design \2.0 - Design Phase \2.10 Drawings \Site Preparation \Change Order \BO_SP_13D1bD4_D-D2.dwg DecD/,201b - 5:1 bpm a I I I I I c N 6657202.72 E 2191 635.65 z • REMOVE EXISTING FENCE n c I ~�N 6657202.72 E 2191715.65 1 1 I 1 /PP / I I I I I PP C� PP I I I� I� I I I r, P+ a I I I I 1 1 I X r- co 1 65 of rr-0 °01 O=888F X 600��w PC N 6657202.72 E 2192017.04 p Cn CONSTRUCTION NOTES: CONTRACTOR SHALL PERFORM WORK WITHIN THE DEFINED LIMITS OF DISTURBANCE BOUNDARY. NO WORK SHALL PERFORMED BEYOND THE LIMITS OF DISTURBANCE WITHOUT THE ENGINEERS APPROVAL. CONTRACTOR SHALL PREPARE THE SITE (CLEAR AND GRUB, STRIP REMOVAL OF TOPSOIL) IN ACCORDANCE WITH SPECIFICATION SECTION 311000 "SITE PREPARATION". CONTRACTOR SHALL PLACE AND COMPACT IMPORT FILL MATERIAL IN ACCORDANCE WITH SPECIFICATION SECTION 312300 "EARTHWORK". NO FILL SHALL BE PLACED PRIOR TO IMPORT FILL SUBMITTAL APPROVAL. CONTRACTOR SHALL INSTALL SILT FENCE SEE DETAIL C/2047, LOCATED AT THE BOUNDARY OF CLEARING LIMIT (LIMIT OF DISTURBANCE) AND AT ALL LOCATIONS WHERE EXISTING AND DISTURBED GRADES DIRECT RUNOFF OF SITE. SILT FENCE SHALL BE CONSTRUCTED AS SHOWN, IN ADDITION TO ANY UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM OR OTHER STORM WATER POLLUTION PREVENTION PLAN REQUIREMENTS. THE SILT FENCE SHALL BE MAINTAINED THROUGHOUT PROJECT DURATION AND SHALL REMAIN ON SITE FOLLOWING WORK COMPLETION AND DEMOBILIZATION. PRIOR TO DEMOBILIZATION, THE SILT FENCE SHALL BE INSPECTED BY THE OWNER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAKE ANY NECESSARY REPAIRS PRIOR TO DEMOBILIZATION. CONTRACTOR SHALL PROTECT IN PLACE EXISTING POWER UTILITY. CONTRACTOR SHALL INSTALL AND MAINTAIN A STABILIZED CONSTRUCTION ENTRANCE IN ACCORDANCE WITH DETAIL CONTRACTOR SHALL PROTECT IN PLACE EXISTING FENCING. CONSTRUCT DRAINAGE SWALE oi$ PRIOR TO ISSUE OF NOTICE TO PROCEED, EXISTING POWER POLE WILL BE REMOVED BY ROCKY MOUNTAIN POWER IN COORDINATION WITH OWNER. REMOVE AND DISPOSE OF EXISTING ASPHALT PAD. CONTRACTOR SHALL PLACE REMOVED TOPSOIL WITHIN THE SOIL STORAGE BOUNDARY. TOPSOIL SHALL BE PLACED AND COMPACTED IN ACCORDANCE WITH SPECIFICATION SECTION 312300 - EARTHWORK. GRADING OF STORED TOPSOIL MATERIAL SHALL PROCEED FROM NORTH TO SOUTH GENERALLY AND SHALL NOT EXCEED DEFINED BOUNDARY. ALL EXCESS TOPSOIL SHALL BE HAULED • SIT - E • ACTOR • P• . D GAL ER. 12 RETENTION BASIN VOLUME APROX 6,500 CUBIC FEET, CONTRACTOR SHALL ROUTE SWALE TO THE RETENTION BASIN. GE 1. CONTRACTOR SHALL OBTAIN AUTHORIZATION TO PERFORM WORK UNDER THE UPDES GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITIES. -Am 2. ALL EXISTING DEBRIS, RUBBISH, TRASH, FENCING, LUMBER, ETC., FOUND ON SITE SHALL BE REMOVED FROM THE SITE AND LEGALLY DISPOSED OF. LEGEND: C C LIMITS OF DISTURBANCE DRAINAGE SWALE SOIL STORAGE AND CONSTRUCTION STAGING AREA EXISTING ASPHALT NORTH QUARTER CORNER SECTION 2 26, S.R.21,E, SLB&M EL 3969.84 N 6657221.44 E 2192080.67 6 0 z m U W CD CL Z CD a Q m o W `5 o o � • W U Cn L.� m O i a fl VERIFY SCALE 2 z O to CHECKED B. PETKOVIC APPROVED J. BECKMAN DESIGN B. PETKOVIC DRAWING NO. C - 0 2 SHEET 5 OF 11 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda. Item #: 7-19 Title: Approval of the Site Plan Application Fee Waiver for the Water Reclamation Facility Project in an amount not to exceed $5,000 Fiscal Impact: loss of revenue for permit fees estimated at $5,000 Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The Water Reclamation Facility (WRF) Project is nearing the completion of final design, and is anticipated to start the bidding process in late December 2016. The property where the new wastewater treatment plant will be built has recently been annexed into the incorporated City limits, and the final recording of the annexation documents is nearly complete. To allow for construction of the plant and issue a building permit within the City, this property must have an approved Site Plan. City staff have worked with the engineering consultant, Bowen Collins and Associates, to prepare all documents necessary for the Site Plan Application, and it is anticipated that the documents will be submitted for staff review in the coming weeks. The Site Plan will require consideration and approval of the Planning Commission, likely in early 2017. Based on the building sizes to be constructed on the site, the estimated Site Plan Application Fee is approximately $5,000. It is requested that the Site Plan Application Fee be waived for this project. If the waiver is approved, the Planning Department will accept the application package and begin the staff review process. City staff is available to answer any questions that the City Council may have. Staff Recommendation: Staff recommends approval of the Site Plan Application Fee Waiver. 1 Agenda Page 202 of 235 Recommended Motion: "I move to approve the Site Plan Application Fee Waiver for the Water Reclamation Facility Project in an amount not to exceed $5,000." Attachments: None Agenda Page 203 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda ltem #: 7-zo Title: Approval of Task Order #380.08.100 with Hansen, Allen, and Luce, Inc. accepting the Scope of Work for the Development Criteria Manuals project with a fee amount not to exceed $24,000 Fiscal Impact: $24,000 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Hansen, Allen, and Luce, Inc. (HAL, Inc.) Background/Summary: This Task Order will allow the Engineering Department to utilize Hansen, Allen, and Luce, Inc. (HAL) for assistance in the preparation of development criteria manuals for the design of water system improvements, sanitary sewer system improvements, and roadway and pedestrian facility improvements. All land development projects proposed in the City are required to submit detailed engineering design plans and reports as part of the application package. 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. The design standards and guidance for preparation of these plans and reports were developed by the City in 1999 and have not be updated since that time. Since that time many of the design practices and standard details have changed, and are now out of date or not applicable. This project will allow these design standards and guidance to be updated to a 2017 version, and will allow City staff to work with private developers more effectively on the review and approval of projects. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of the Task Order with HAL for the preparation of Development Criteria Manuals. 1 Agenda Page 204 of 235 Recommended Motion: "I move to approve Task Order #380.08.100 with Hansen, Allen, and Luce, Inc., accepting the Scope of Work for the Development Criteria Manuals project with a fee amount not to exceed $24,000." Attachments: Task Order #380.08.100 (signed by HAL) Agenda Page 205 of 235 HAnsEn num & LUCEmc ENGINEERS Mr. Phillip Bowman, P.E. City Engineer 217 East Center Street Moab, UT 84532 Re: Engineering Services - Development Criteria Standards Dear Phillip: SALT LAKE AREA OFFICE 6771 SOUTH 900 EAST MIDVALE, UTAH 84047 PHONE: (801) 566-5599 FAX: (801) 566-5581 www.hansenallenluce.com December 8, 2016 We are pleased to submit a scope of work and budget for engineering services to assist you prepare development criteria manuals. These manuals will provide guidance to land developers and City staff for water, sanitary sewer and transportation design of new facilities. Please contact us with any questions. Sincerely, HANSEN, ALLEN & LUCE, INC. iZifiqP Benjamin D. Miner, P.E. Principal Agenda NGINEERING EXCELLENCE SINCE 1 9 7 4 Page 206 of 235 Attachment A TASK ORDER NO. 380.08.100 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of Agreement: THIS TASK ORDER NO. 380.08.100 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of December , 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: City of Moab - Development Criteria Manuals 2. PROJECT SITE. The PROJECT SITE is located as follows: Moab City 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 $ 24,000. 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 within 90 calendar days 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: ENGINEER: By: Printed Name: Benjamin D. Miner Its: Principal Agenda Page 207 of 235 EXHIBIT A DEVELOPMENT CRITERIA MANUALS SCOPE OF SERVICES BACKGROUND The City has requested assistance in developing design standards. The design standards will provide a written framework for future development within the City. This framework will aid both the City and developers by outlining and standardizing the development process within Moab City. The following scope of work was prepared to define the engineering assistance. SCOPE OF WORK The suggested scope of work is outlined by Task and Subtask below. Tasks: 101. Prepare Moab City Water Criteria Manual a. Communication, coordination and general project management. This includes telephone calls, reviewing and responding to email and project related issues not addressed in the tasks below. b. Literature research and review. Locate and review development standards from two or three municipalities. The purpose of this review is to identify typical practice among leading Utah municipalities with regard to development criteria manuals. c. Prepare a water criteria manual for the City of Moab similar to the standards of other municipalities, cities and/or utility service districts. The manual will be updated to reflect Utah code requirements. Specific sections may be updated based on strong approaches from other Cities or based upon past HAL experience. 102. Prepare Moab City Wastewater Criteria Manual a. Communication, coordination and general project management. This includes telephone calls, reviewing and responding to email and project related issues not addressed in the tasks below. b. Literature research and review. Locate and review development standards from two or three municipalities. The purpose of this review is to identify typical practice among leading Utah municipalities with regard to development criteria manuals. c. Prepare a wastewater criteria manual for the City of Moab similar to the standards of other municipalities, cities and/or utility service districts. The manual will be updated to reflect Utah code requirements. Specific sections may be updated based on strong approaches from other Cities or based upon past HAL experience. Exhibit A Page 1 Agenda Page 208 of 235 EXHIBIT A 103. Prepare Moab City Transportation Criteria Manual a. Communication, coordination and general project management. This includes telephone calls, reviewing and responding to email and project related issues not addressed in the tasks below. b. Literature research and review. Locate and review development standards from two or three municipalities. The purpose of this review is to identify typical practice among leading Utah municipalities with regard to development criteria manuals. c. Prepare a transportation criteria manual for the City of Moab similar to the standards of other municipalities and local governments. The manual will be updated to reflect Utah code requirements. Specific sections may be updated based on strong approaches from other Cities or based upon past HAL experience. Assumptions upon which the above estimated fee is based are as follows: ■ A meeting has not been scheduled in Moab, but can be added if needed. Exhibit A Page 2 Agenda Page 209 of 235 STANDARD FEE SCHEDULE December 2016 — December 2017 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 $180.60/hr Managing Professional $154.90/hr Senior Professional II $143.70/hr Senior Professional I $134.70/hr Professional III $122.50/hr Professional II $110.40/hr Professional I $104.20/hr Professional Intern $94.10/hr Engineering Student Intern $48.80/hr Senior Designer $102.50/hr Senior Field Technician $102.50/hr Field Technician $81.70/hr CAD Operator $81.70/hr Secretary $61.80/hr Professional Land Surveyor $115.50/hr 1 Man GPS Surveying Services — Surveying Technician $102.50/hr 1 Man GPS Surveying Services - PLS $136.50/hr 2 Man GPS Surveying Services - PLS $152.20/hr Expert Legal Services $288.80/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. MISER I LUCE nc ENGINEERS Agenda Page 210 of 235 AGENDA SUMMARY MOAB CITY COUNCIL MEETING December 13, 2016 Agenda ltem #: ]-21 [I Title: Approval of an Interconnection and Net Metering Service Agreement with Rocky Mountain Power for a Net Metering Facility at Moab City Hall Fiscal Impact: Undetermined Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: N/A Background/Summary: Our solar panels are installed and the Blue Sky grant funded project is nearing completion. As you may be aware, a net metering service agreement is required by Rocky Mountain Power to connect to their system. Options: Approve, deny or postpone Staff Recommendation: Approve Recommended Motion: I move to approve the Net Metering Service Agreement with Rocky Mountain Power Attachment(s): Net metering agreement Agenda 1ROCKYR MOUNTAIN A DeYeS10H1 OF PACIFIC 4171 West Labe Park Blvd Salt Lake Gtl, Utah 84120 We appreciate your interest in Rocky Mountain Power's net metering program. Before purchasing any net metering equipment, we recommend you review the requirements for interconnecting a net metering system to Rocky Mountain Power's electrical distribution system. The requirements are found in the Interconnection Agreement. To complete the process for a net metering interconnection, please follow the steps below: 1. Complete and submit the following to Rocky Mountain Power: ➢ Interconnection Agreement including the Application for Net Metering Interconnection ➢ The inverter specification sheet ➢ For systems larger than 10 kW, a simple one -line diagram showing • The location of Rocky Mountain Power's meter • The location of the disconnect switch 2. Rocky Mountain Power will review your agreement and application and send you a written notification of approval either by mail or e-mail 3. Install the net metering system after you receive the written approval of your Interconnection Agreement and Application for Net Metering from Rocky Mountain Power 4. Obtain an inspection of your net metering system by the local city or county electrical inspector 5. Submit the electrical inspector's approval to Rocky Mountain Power 6. Turn on your net metering system after Rocky Mountain Power provides you written notification the interconnection work has been completed and the net meter installed Return completed documents to: Rocky Mountain Power Customer Generation P.O. Box 25308 Salt Lake City, Utah 84125-0308 Or Email to: netmetering@pacificorp.com Thank you for your interest in the net metering program. If you have questions, please call us toll free at 1-888-221-7070 and ask for a net metering specialist. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 1 of 24 Agenda Page 212 of 235 Service ID#: Request #: INTERCONNECTION AND NET METERING SERVICE AGREEMENT FOR NET METERING FACILITY LEVEL 2 INTERCONNECTION UP TO 2 MW NAMEPLATE CAPACITY This Interconnection and Net Metering Service Agreement ("Agreement") is made and entered into this day of , 20, by and between , an electric customer ("Customer"), and PacifiCorp, dba Rocky Mountain Power ("Rocky Mountain Power"), a Corporation organized and existing under the laws of the State of Oregon. Customer and Rocky Mountain Power each may be referred to as a "Parry", or collectively as the "Parties". Recitals: Whereas, Customer has installed or intends to install a Net Metering Facility qualifying for "Net Metering," Utah Rate Schedule No. 135 ("Schedule 135"), as given in Rocky Mountain Power's currently effective tariff as filed with the Public Service Commission of Utah ("Commission"), on or adjacent to Customer's premises located at , Utah, for the purpose of generating electric energy; Whereas, Customer represents to Rocky Mountain Power that Customer either owns or leases its Net Metering Facility qualifying for Schedule 135, or meets the exemption requirements set forth in Utah Code § 54-2-1.16(d) because it is a county, municipality, city, town, other political subdivision, local district, special service district, state institution of higher education, school district, charter school, or any entity within the state system of public education; or an entity qualifying as a charitable organization under 26 U.S.C. Sec. 501(c)(3) operated for religious, charitable, or educational purposes that is exempt from federal income tax and able to demonstrate its tax-exempt status; Whereas, Customer desires to interconnect the Net Metering Facility with Rocky Mountain Power's distribution system consistent with the Application completed by Customer on , 20, as described in as described in Appendix B ("Application") of this Agreement; and Whereas, Customer, using its Net Metering Facility, intends to offset part or all of its electrical requirements supplied by Rocky Mountain Power. Now, therefore, in consideration of and subject to the mutual covenants contained herein, the Parties agree as follows: Article 1. Scope and Limitations of Agreement 1.1 Scope Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 2 of 24 Agenda Page 213 of 235 The Agreement shall be used for all approved Level 2 Applications according to the procedures set forth in Utah Administrative Rule 746-312 ("Rule"). The Rule can be viewed at www.psc.utah.gov. The Agreement establishes standard terms and conditions approved by the Public Service Commission of Utah ("Commission") under which the Net Metering Facility with an Electric Nameplate Capacity of 2 MW or smaller as described in Appendix B will interconnect to, and operate in parallel with, Rocky Mountain Power's system. 1.2 Definitions Terms with initial capitalization, when used in this Agreement, shall have the meanings indicated or as specified in the Rule Section R746-312-2 and, to the extent this Agreement conflicts with the Rule, the Rule shall take precedence. 1.3 Other Agreements Nothing in this Agreement is intended to affect any other agreement between Rocky Mountain Power and Customer or any other Interconnection Customer. However, in the event that the provisions of the Agreement are in conflict with the provisions of any Rocky Mountain Power Tariff, the Rocky Mountain Power Tariff shall control. 1.4 Responsibilities of the Parties 1.4.1 The Parties shall perform all obligations of the Agreement in accordance with all applicable laws and regulations. 1.4.2 Customer will construct, operate, test, and maintain its Net Metering Facility in accordance with the Agreement, IEEE standards (available at the following link: http://standards.ieee.org/index.html), National Electric Code Standards (available for purchase at http://standards.ieee.org/fags/NESCFAQ.html#q8), Utah state building codes (available at the following link: http://www.dopl.utah.gov/programs/ubc/), the Rule and other applicable standards required by the Commission, as may be amended from time to time. 1.4.3 Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the Point of Common Coupling. Each Party shall provide interconnection facilities that adequately protect the other Party's facilities, personnel and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of interconnection facilities is prescribed in the Rule, including but not necessarily limited to R746-312-4. 1.4.4 Customer is responsible for protecting the generating equipment, inverters, protective devices, and other system components from damage from the Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 3 of 24 Agenda Page 214 of 235 normal and abnormal conditions and operations that occur on Rocky Mountain Power's system in delivering and restoring power; and is responsible for ensuring that the Net Metering Facility equipment is inspected, maintained, and tested in accordance with the manufacturer's instructions to ensure that it is operating correctly and safely. 1.4.5 Customer shall obtain Rocky Mountain Power's approval of the Application prior to commencing parallel operation of its interconnected Net Metering Facility. 1.5 Parallel Operation and Maintenance Obligations Once the Net Metering Facility has been authorized to commence parallel operation by an approved application, and execution of this Agreement, Customer will abide by all written provisions for operations and maintenance as required by the Rule and Rocky Mountain Power's Tariffs, including but not necessarily limited to R746-312-4 and Schedule 135 or its successor tariff(s). 1.6 Metering Rocky Mountain Power shall install, own and maintain, at its sole expense, a kilowatt- hour meter(s) and associated equipment to measure the flow of energy in each direction, unless otherwise authorized by the Commission. Customer shall provide, at its sole expense, adequate facilities, including, but not limited to, a current transformer enclosure (if required), meter socket(s) and junction box, for the installation of the meter and associated equipment. Customer hereby consents to the installation and operation by Rocky Mountain Power and at Rocky Mountain Power's expense, of one or more additional meters to monitor the flow of electricity in each direction. Such meters shall be located on the premises of Customer. 1.7 Net Metering Facility Requirements, Installation, Operation 1.7.1 Customer's Net Metering Facility must meet the requirements set forth in, including but not necessarily limited to, the Rule, R746-312-4 and Schedule 135 or its successor tariff(s). This also applies to installation and operation of the Net Metering Facility. 1.7.2 Customer is responsible for all costs associated with its Net Metering Facility and is also responsible for all costs related to any modifications to the Net Metering Facility that may be required by Rocky Mountain Power for purposes of safety and reliability as allowed under the Rule and Rocky Mountain Power tariffs. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 4 of 24 Agenda Page 215 of 235 1.8 Power Quality Customer will design its Net Metering Facility to maintain a composite power delivery at continuous rated power output at the Point of Common Coupling that meets the requirements set forth in IEEE 1547, in accordance with the Rule, R746-312-4. 1.9 Anticipated Start Date Customer must include an anticipated start date for operation of its Net Metering Facility in the Application. After receiving notice that the Application has been approved and satisfactory completion of all reviews and inspections of the Net Metering Facility, Customer must notify Rocky Mountain Power at least ten (10) Business Days prior to starting operation of the Facility, through either submission of an executed Agreement or through separate written notice. Customer shall not commence parallel operation of the Net Metering Facility until Rocky Mountain Power executes this Agreement, installs the net meter and notifies Customer that the Net Metering Facility is interconnected. 1.10 Net Metering Facility Inspection 1.10.1 Building Code Inspection Prior to operation in parallel with Rocky Mountain Power's system, the Net Metering Facility must be inspected by a local building code official to ensure compliance with applicable local codes. 1.10.2 Inspection by Rocky Mountain Power Rocky Mountain Power may inspect the Net Metering Facility and its component equipment, and the documents necessary to ensure compliance with the Rule. Customer shall notify Rocky Mountain Power prior to placing the Net Metering Facility in service, and Rocky Mountain Power shall have the right to have personnel present on the in-service date. If the Net Metering Facility is subsequently modified in order to increase its gross power rating, Customer must notify Rocky Mountain Power by submitting a new application specifying the modifications in accordance with the level of review required for that application. Net Metering Facility Testing and Maintenance Customer shall conduct maintenance and testing on its Net Metering Facilities as set forth in the Rule, including but not necessarily limited to R746-312-14. 1.11.1 Customer shall conduct any manufacturer -recommended testing or maintenance at its expense. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 5 of 24 Agenda Page 216 of 235 1.11.2 Customer shall conduct any post -installation testing, at its expense, necessary to ensure compliance with IEEE standards as set forth in the Rule or to ensure safety. This includes replacing a major equipment component that is different from the originally installed model. 1.11.3 When Customer performs maintenance or testing in accordance with the Rule, it must retain written records documenting the maintenance and results of the testing for three (3) years. 1.11.4 Rocky Mountain Power shall have the right to inspect Customer's facility after interconnection approval is granted, at reasonable hours and with reasonable prior notice to Customer. If Rocky Mountain Power discovers that the Net Metering Facility is not in compliance with the Rule, Rocky Mountain Power may require Customer to disconnect the Net Metering Facility until compliance is achieved. 1.12 Removal of Facility Customer shall immediately notify Rocky Mountain Power if Customer removes or ceases to operate the Net Metering Facility. Article 2. Review, Inspection, Testing, Disconnect Switch and Signage, and Right of Access 2.1 Initial Review and Additional Review After determining Customer's interconnection request is complete, in accordance with the Rule, R746-312-9, Rocky Mountain Power will conduct a review of the proposed interconnection, using screens set forth in the Rule R746-312-7. Rocky Mountain Power will conduct such review within fifteen (15) days after notifying Customer that the interconnection request is complete and will notify Customer either: 1) the Net Metering Facility meets all applicable criteria and the interconnection request is approved; 2) although the Net Metering Facility fails one or more of the screens the Net Metering Facility may be interconnected consistent with safety, reliability, and power quality standards and the interconnection is approved; or 3) the interconnection of the Net Metering Facility has failed to meet one or more of the applicable criteria and the reason for failure, or Rocky Mountain Power has not or could not determine from the initial reviews that the Net Metering Facility may be interconnected consistent with safety reliability, and power quality standards, or the Net Metering Facility cannot be approved without minor modifications at minimal cost and the interconnection request is denied unless the Customer is willing to consider minor modifications or further study. If the initial review determines that the Net Metering Facility fails to meet one or more applicable requirements, but additional review may enable Rocky Mountain Power to Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 6 of 24 Agenda Page 217 of 235 determine that the Net Metering Facility may be interconnected consistent with safety, reliability and power quality standards, Rocky Mountain Power will offer to perform the additional review to determine whether minor modifications to the electric distribution system would enable the interconnection to be made consistent with safety, reliability and power quality standards. In this instance, Rocky Mountain Power will provide Customer with a good faith, nonbinding estimate of costs of such additional review and minor modifications. Rocky Mountain Power will conduct additional review and make minor modifications after receipt of payment from Customer in accordance with the attached Appendix A. 2.2 Equipment Testing and Inspection Customer must notify Rocky Mountain Power of the anticipated testing and inspection date of the Net Metering Facility at least ten (10) business days prior to testing, either through submittal of the Agreement, a notice of completion, or in a separate notice. Within ten (10) business days after receipt of such required documentation, Rocky Mountain Power will inspect the Net Metering Facility, set the new meter if required, approve the interconnection and may arrange a witness test as set forth in the Rule, R746-312-9(5). Rocky Mountain Power and Customer will select a date by mutual agreement for the witness tests. Rocky Mountain Power will test and inspect the Net Metering Facility and Interconnection Facilities prior to interconnection in accordance with IEEE Standards as provided for in the Rule, R746-312-4. Customer shall not begin operation of its Net Metering Facility until after inspection and testing is completed. If a witness test is conducted and is not satisfactory, Customer must resolve any deficiencies within forty-five (45) business days or other time period as mutually agreed by the Parties. 2.3 Disconnect Switch and Signage Customer shall comply with the Rule regarding disconnect switches, R746-312-4. The disconnect switch may be located more than 10 feet from the public utility meter if permanent instructions in letters of appropriate size are posted at the meter indicating the precise location of the disconnect switch. Rocky Mountain Power must approve in writing the location of the disconnect switch prior to the installation of the Net Metering Facility. 2.4 Right of Access As provided in the Rule, R746-312-4, Rocky Mountain Power shall have access to any required disconnect switch at the Net Metering Facility at all times. Rocky Mountain Power will provide reasonable notice to Customer when possible prior to using the right of access. Additionally, as provided in Rocky Mountain Power Utah Rule 6, or Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 7 of 24 Agenda Page 218 of 235 its successor tariff, Rocky Mountain Power shall have access to the metering equipment. Article 3. Effective Date, Term, Termination and Disconnection 3.1 Effective Date The Agreement shall become effective upon execution by the Parties. 3.2 Term of Agreement The Agreement will become effective on the Effective Date and will remain in effect unless terminated in accordance with provisions of this Agreement, or Order by the Commission. 3.3 Termination No termination will become effective until the Parties have complied with all applicable laws and clauses of this Agreement applicable to such termination. 3.3.1 Customer may terminate this Agreement at any time by giving Rocky Mountain Power twenty (20) business days written notice. 3.3.2 Either Party may terminate this Agreement after default pursuant to Article 6.4 of this Agreement. 3.3.3 The Commission may Order termination of this Agreement. 3.3.4 Upon termination of this Agreement, Customer shall disconnect the Net Metering Facility from Rocky Mountain Power's system. The termination of this Agreement will not relieve either Party of its liabilities and obligations, owed or continuing at the time of termination. 3.3.5 If Customer removes the Net Metering equipment at the Net Metering Facility or ceases to operate its Net Metering Facility at the premise listed in the Application, this Agreement will be immediately terminated. 3.3.6 The provisions of this Article shall survive termination or expiration of this Agreement. 3.4 Temporary Disconnection 3.4.1 Rocky Mountain Power may temporarily disconnect the Net Metering Facility from Rocky Mountain Power's system for so long as reasonably necessary in the event one or more of the following conditions or events occurs: Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 8 of 24 Agenda Page 219 of 235 3.4.1.1 Emergencies or to address maintenance requirements for Rocky Mountain Power's system. 3.4.1.2 Hazardous conditions existing on Rocky Mountain Power's system which may affect the safety of the general public or Rocky Mountain Power employees due to the operation of the Net Metering Facility or protective equipment as determined by Rocky Mountain Power. 3.4.1.3 Adverse electrical effects on the electrical equipment of Rocky Mountain Power's other electric customers caused by the Net Metering Facility as determined by Rocky Mountain Power. 3.4.2 In the event that no disconnect switch is installed, Rocky Mountain Power may physically disconnect all service to the Customer and/or all service to the premises where the Net Metering Facility is located. 3.4.3 To the extent practicable, Rocky Mountain Power will give prior notice of any temporary disconnection of the Net Metering Facility. If Rocky Mountain Power is unable to give prior notice, Rocky Mountain Power will provide notice including an explanation of the condition necessitating the disconnection at the time of disconnection. 3.4.4 Under emergency conditions, Rocky Mountain Power or Customer may immediately suspend interconnection service and temporarily disconnect the Net Metering Facility. Rocky Mountain Power shall notify Customer promptly when Rocky Mountain Power becomes aware of an emergency condition that may reasonably be expected to affect the Net Metering Facility operation. Customer shall notify Rocky Mountain Power promptly when Customer becomes aware of an emergency condition that may reasonably be expected to affect Rocky Mountain Power's system. To the extent the information is known, the notification shall describe the emergency condition, the extent of any damage or deficiency, the expected effect on the operation of both Parties' facilities and operations, the anticipated duration, and the necessary corrective action. 3.4.5 Customer shall make reasonable efforts to provide notice of interruption of Net Metering Facility operation for safety and/or reliability reasons prior to the interruption unless an emergency occurs. Emergency interruptions or temporary terminations are subject to Section 3.4.1 above. 3.4.6 Rocky Mountain Power shall use reasonable efforts to provide Customer with prior notice of forced outages to effect immediate repairs to Rocky Mountain Power's system. If prior notice is not given, Rocky Mountain Power, shall, Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 9 of 24 Agenda Page 220 of 235 upon request, provide Customer written documentation after the fact explaining the circumstances of the disconnection. 3.4.7 Customer must provide Rocky Mountain Power notice and obtain Rocky Mountain Power's written approval before Customer may modify its Net Metering Facility in order to increase the electric output of the Net Metering Facility. If Customer makes any material change without prior written authorization of Rocky Mountain Power, Rocky Mountain Power will have the right to temporarily disconnect the Net Metering Facility until Rocky Mountain Power has had an opportunity to review the change(s) made to determine whether they are acceptable. If any system modifications or other equipment installations are deemed necessary by Rocky Mountain Power to accommodate the modified Net Metering Facility, Customer shall submit the appropriate net metering application at that time. 3.4.8 The Parties shall cooperate with each other to restore the Net Metering Facility, Interconnection Facilities, and Rocky Mountain Power's system to their normal operating state as soon as reasonably practicable following any disconnection pursuant to this section. Article 4. Cost Responsibility 4.1 Application Fee Customer shall bear the cost of any Application fee provided for in the Rule, R746- 312-13(2). Customer shall remit payment with the Application as calculated in the Application, Section 2(C). 4.2 Net Metering Facility and Interconnection Equipment Customer shall be responsible for all costs including overheads, associated with procuring, installing, owning, operating, maintaining, repairing, and replacing its Net Metering Facility, any associated equipment package, and any associated interconnection equipment or interconnection facilities required to be installed on Customer's side of the Point of Common Coupling. 4.3 Minor Modifications If, under Section 2.1 of this Agreement, additional review is performed and minor modifications to the electric distribution system are required to enable the interconnection to be made consistent with safety, reliability and power quality standards applicable to Level 2 interconnection reviews, the Customer shall pay for the cost to procure, install, and construct, operate, maintain, repair and replace any such Minor Modifications. A description of the minor modifications may be found in Appendix A. The cost of the minor modifications as described on Appendix A shall be Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 10 of 24 Agenda Page 221 of 235 $ . Customer shall remit payment for minor modifications prior to Rocky Mountain Power commencing the work required for the minor modifications. Article 5. Billing 5.1 Monthly Billing The electric service charge shall be computed in accordance with the monthly billing in the applicable standard service tariff. Customer will be compensated for net excess energy in accordance with Schedule 135 or its successor tariff(s). 5.2 Special Conditions Customer must comply with the special conditions found in Schedule 135 or its successor tariff(s). 5.3 Aggregating Meters Aggregating Meters is allowed if certain conditions are met under the Rule, R746-312- 5. Customer designates the following meters for aggregation: . In the event that the Net Metering Facility supplies more electricity to Rocky Mountain Power than the Customer uses from Rocky Mountain Power, Rocky Mountain Power will apply any credits to the next monthly bill in accordance with Utah Code § 54-15-104 and the Rule, R746-312-15. Customer shall designate the order in which to apply any credits in accordance with the Rule. «If customer does not want to aggregate, insert "NSA" in the gray box.» Article 6. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages and Default 6.1 Assignment This Agreement may be assigned by either Party with the consent of the other Party. A Party's consent to an assignment may not be unreasonably withheld. The assigning Party must give the non -assigning Party written notice of the assignment at least fifteen days (15) before the effective date of the assignment. The non -assigning Party must submit its objection to the assignment, if any, to the assigning Party in writing at least 5 business days before the effective date of the assignment. If a written objection is not received within that time period, the non -assigning party is deemed to consent to the assignment. 6.1.1 Exceptions to the Consent Requirement 6.1.1.1 Either Party may assign the Agreement without the consent of the other Party to any affiliate (including a merger or acquisition of the Party Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 11 of 24 Agenda Page 222 of 235 with another entity), of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement. 6.1.1.2 Customer -Generator is entitled to assign the Agreement, without the consent of Rocky Mountain Power, for collateral security purposes to aid in obtaining financing for the Net Metering Facility. 6.1.1.3 For Net Metering systems that are integrated into a building facility, the sale of the building or property will result in the automatic assignment of this Agreement to the new owner who will be responsible for complying with the terms and conditions of this Agreement. 6.1.2 Any attempted assignment that violates this Article is void and ineffective. Assignment does not change or eliminate a Parry's obligations under this Agreement. An assignee is responsible for meeting the same obligations as the assigning Party. 6.2 Limitation of Liability and Consequential Damages Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission in the performance of this Agreement, is limited to the amount of direct damage actually incurred. Neither Party is liable to the other Party for any indirect, special, consequential, or punitive damages. 6.3 Indemnification Customer shall hold harmless and indemnify Rocky Mountain Power for all loss to third parties resulting from the operation of the Net Metering Facility, except when the loss occurs due to the negligent actions of Rocky Mountain Power. Rocky Mountain Power shall hold harmless and indemnify Customer for all loss to third parties resulting from the operation of Rocky Mountain Power's system, except where the loss occurs due to the negligent actions of Customer. 6.4 Force Majeure 6.4.1 As used in this Agreement, a Force Majeure Event shall mean "any act of God, labor disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment through no direct, indirect, or contributory act of a Party, any order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party's control. A Force Majeure Event does not include an act of negligence or wrongdoing." Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 12 of 24 Agenda Page 223 of 235 6.4.2 If a Force Majeure Event prevents a Party from fulfilling any obligations under this Agreement, the Parry affected by the Force Majeure Event ("Affected Party") shall promptly notify the other Party of the existence of the Force Majeure Event. The notification must specify in reasonable detail the circumstances of the Force Majeure Event, its expected duration, and the steps that the Affected Party is taking to mitigate the effects of the event on its performance, and if the initial notification was verbal, it should be promptly followed up with a written notification. The Affected Party shall keep the other Party informed on a continuing basis of developments relating to the Force Majeure Event until the event ends. The Affected Party will be entitled to suspend or modify its performance of obligations under this Agreement (other than the obligation to make payments) only to the extent that the effect of the Force Majeure Event cannot be reasonably mitigated. The Affected Parry will use reasonable efforts to resume its performance as soon as possible. The Parties shall immediately report to the Commission should a Force Majeure Event prevent performance of an action required by Rule that the Rule does not permit the Parties to mutually waive. 6.5 Default 6.5.1 A Party is in default if the Party fails to perform an obligation required under this Agreement (other than the payment of money). A Party is not considered in default of this agreement if the failure to perform an obligation is caused by an act or omission of the other Party or is the result of a Force Majeure as defined in this Agreement. 6.5.2 Upon a default, the non -defaulting Party must give written notice of the default to the defaulting parry. The defaulting party has sixty (60) calendar days from the receipt of the written default notice to cure the default. If the default is not capable of cure within the 60-day period, the defaulting Party must begin to cure the default within twenty (20) calendar days after receipt of the written default notice, and must continuously and diligently complete the cure within six (6) months of the receipt of the notice. 6.5.3 If a default is not cured as provided for in 6.5.2, then the non -defaulting Party is entitled to terminate the Agreement by written notice at any time until cure occurs. If the non -defaulting Party chooses to terminate this Agreement, the termination provisions in Article 3.3 apply. Alternately, the non -defaulting Party is entitled to seek dispute resolution with the Commission in lieu of termination. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 13 of 24 Agenda Page 224 of 235 Article 7. Insurance Additional liability insurance is not required as a part of the Agreement if the Net Metering Facility is in compliance with the provisions of the Application approval, the Agreement and the standards contained in Utah Code § 54-15-106. Article 8. Dispute Resolution 8.1 Nothing in this Article shall restrict the rights of any Party to file a complaint with the Commission under relevant provisions of the Rule and applicable state law. 8.2 Pursuit of dispute resolution may not affect a Customer with regard to consideration of an Interconnection Request or a Customer's queue position. Article 9. Miscellaneous 9.1 Governing Law, Regulatory Authority and Rules The validity, interpretation, and enforcement of this Agreement is governed by the laws of the State of Utah. If any provision of this Agreement conflicts with any applicable provision, as may be amended from time to time, of the Utah Code ("Code"), Utah Administrative Rules ("Rules"), or Rocky Mountain Power's Tariffs ("Tariff'), then the applicable provision of the Code, Rules, or Tariff controls. Rocky Mountain Power must provide copies of the applicable provisions of the Code, Rules, and Tariff upon the Customer's request. 9.2 Amendment Additions, deletions or changes to the standard terms and conditions of this Agreement will not be permitted unless they are mutually agreed to by the Parties and permitted by the Rule or permitted by the Commission for good cause shown. The Parties may amend the Agreement by a written instrument duly executed by both Parties in accordance with the provisions of the Rule and applicable Commission Orders and provisions of the laws of the State of Utah. 9.3 No Third Party Beneficiaries The Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, or where permitted, their successors in interest and their assigns. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 14 of 24 Agenda Page 225 of 235 9.4 Waiver 9.4.1 The failure of a Parry to the Agreement to insist, on any occasion, upon strict performance of any provision of the Agreement, will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. 9.4.2 The Parties may also agree to mutually waive a Section of this Agreement without the Commission's approval where the Rule so provides. 9.4.3 Any waiver at any time by either Party of its rights with respect to the Agreement shall not be deemed a continuing waiver or a wavier with respect to any other failure to comply with any other obligation, right, duty of the Agreement. Termination or default of this Agreement for any reason by Customer shall not constitute a waiver of the Customer's legal rights to obtain interconnection from Rocky Mountain Power. Any request for waiver of the Agreement or any provisions thereof shall be provided in writing. 9.5 Entire Agreement The Agreement, including any supplementary attachments that may be necessary, constitutes the entire Agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of the Agreement. There are no other agreements, representations, warranties, or covenants that constitute any part of the consideration for, or any condition to, either Parry's compliance with its obligations under the Agreement. 9.6 Multiple Counterparts This Agreement may be executed in one or more counterparts, whether electronically or otherwise, each of which is deemed an original but all constitute one and the same instrument. 9.7 No Partnership The Agreement will not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Parry shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. 9.8 Severability Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 15 of 24 Agenda Page 226 of 235 If any provision or portion of the Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Parry that were affected by such ruling, and (3) the remainder of the Agreement shall remain in full force and effect. 9.9 Subcontractors Nothing in the Agreement shall prevent a Party from using the services of any subcontractor, or designating a third parry agent as one responsible for a specific obligation or act required in the Agreement (collectively "subcontractors"), as it deems appropriate to perform its obligations under the Agreement; provided, however, that each Party will require its subcontractors to comply with all applicable terms and conditions of the Agreement in providing such services and each Party will remain primarily liable to the other Parry for the performance of the subcontractor. 9.9.1 The creation of any subcontract relationship shall not relieve the hiring Party of any of its obligations under the Agreement. The hiring Party shall by fully responsible to the other Party for the acts or omissions of any subcontractor the hiring Party hires as if no subcontract had been made. Any applicable obligation imposed by the Agreement upon the hiring Party shall be equally binding upon, and will be construed as having application to, any subcontractor of such Party. 9.9.2 The obligations under this Article will not be limited in any way by any limitation of a subcontractor's insurance. 9.10 Reservation of Rights Rocky Mountain Power shall have the right to make a unilateral filing with the Commission to modify this Interconnection Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule, regulation or any other applicable provision of the Federal Power Act and the Commission's rules and regulations thereunder, and Customer shall have the right to make a unilateral filing with the Commission to modify this Agreement under any applicable provision of the Federal Power Act and the Commission's rules and regulations; provided that each Party shall have the right to protest any such filing by the other Party and to participate fully in any proceeding before the governing authority in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties, except to the extent that the Parties otherwise agree as provided herein. Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 16 of 24 Agenda Page 227 of 235 Article 10. Notices and Records 10.1 General Unless otherwise provided in the Agreement, any written notice, demand, or request required or authorized in connection with the Agreement shall be deemed properly given if delivered in person, delivered by recognized national courier service, sent by first class mail, postage prepaid, or by electronic mail if an electronic mail address is provided below to the person specified below: If to Customer: Customer: Attention (if applicable): Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: If to Rocky Mountain Power: By Mail: Rocky Mountain Power Attention: Net Metering Group P.O. Box 25308 Salt Lake City, UT 84125-0308 Phone: (888) 221-7070 Or By email: netmetering@pacificorp.com 10.2 Records Rocky Mountain Power will maintain a record of the Interconnection Agreement and related Attachments, if any, for as long as the interconnection is in place. Rocky Mountain Power will provide a copy of these records to Customer within fifteen (15) Business Days upon written request. 10.3 Billing and Payment Billings and payments shall be sent to the addresses below (complete if different from Section 10.1 above): Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 17 of 24 Agenda Page 228 of 235 If to Customer: Customer: Attention (if applicable): Address: City: State: Zip: 10.4 Designated Operating Representative The Parties will designate one operating representative each to conduct the communications that may be necessary or convenient for the administration of the operations provisions of the Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Parry's facilities (complete if different from Section 10.1 above): Customer's Operating Representative: Name: Attention (if applicable): Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: 10.5 Changes to the Notice Information Either Party may change this notice information by giving five (5) business days written notice prior to the effective date of the change. Article 11. Signatures IN WITNESSETH WHEREOF, the Parties have caused the Agreement to be executed by their respective duly authorized representatives. For the Customer: For Rocky Mountain Power: By: By: Name: Name: Title: Title: Date: Date: Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 18 of 24 Agenda Page 229 of 235 Appendix A Minor Modifications Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 19 of 24 Agenda Page 230 of 235 APPENDIX B ROCKY MOUNTAIN POWER UTAH NET METERING APPLICATION LEVEL 2 REVIEW CAPACITY OF 2 MW OR LESS Section 1: For Rocky Mountain Power Use Only Customer Name: Service Address: City, State, Zip: Customer Account No. & Request No.: Interconnection Agreement Acknowledgement (Date): Application fee: $ Date Paid: Section 2: To Be Completed By Customer A. Applicant Information Name: Mailing Address: City: State: Zip Code: Site Street Address (if different from above): City: State: Zip Code: Daytime Phone: ( ) Fax: ( ) Email: B. System Information System Type: n Solar n Wind n Hydro ❑ Other (Specify): Generation Nameplate Capacity: kW (Combine DC total of wind turbines, solar panels, etc. or AC rating if an inverter is not utilized) Inverter Manufacturer: Model: Number of Inverters: Rating: kW Manufacturer Nameplate Inverter Total AC Capacity Rating: kW Inverter(s): ❑ Single Phase ❑ Three Phase ❑ Multiple Single Phase Connected on Poly -phase (three phase) system (Attach Inverter and Panel Technical Specifications Sheets) Type: ❑ Induction n Inverter ❑ Synchronous Other Type of Service: n Single Phase n Three Phase Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 20 of 24 Agenda Page 231 of 235 If Three Phase Transformer: Indicate Type: ❑ Wye 1 I Delta Indicate Voltage and Number of Service Wires: ❑ 120/208 Volts, 4 wire ❑ 120/240 Volts, 4 wire ❑277/480 Volts, 4 wire ❑ Other Other Information: Self Contained Location: Outdoor Manual AC Disconnect Switch Location (show Disconnect Switch and Rocky Mountain Power Meter Location on Site Plan), unless exempt under Utah Administrative Rule 746-312-4(2): System Location (show all protective devices on One Line Diagram): Will the net metering facility interconnect to a switchgear? ❑ Yes ❑ No Customer must post metal or plastic engraved signage indicating on -site generation in accordance with the National Electric Code. The signage must be permanent and located adjacent to the meter base and disconnect switch noting "Parallel Generation on Site" and identifying the manual disconnect switch with the words "Manual Disconnect for Parallel Generation." (Initial Here) One Line Diagram Attached: ❑ Yes ❑ No Site Plan Attached: ❑ Yes No Installation Test Plan attached: ❑ Yes ❑ No Anticipated Operational Date of Net Metering Facilities: (Rocky Mountain Power must be notified at least ten (10) business days prior to starting operation.) Net metering facility available fault duty at the point of common coupling: (A Rocky Mountain Power Engineer may contact you for additional information) Electrical Inspection approval date (attach copy or provide to utility when obtained): C. Application Fees $ 50.00 Base + $ $1.00 x kW of Net Metering Facility's capacity $ TOTAL APPLICATION FEE D. Additional Information 1. An equipment package will be considered certified for interconnected operation if it has been submitted by a manufacturer to a nationally recognized testing and certification laboratory, and Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 21 of 24 Agenda Page 232 of 235 has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable IEEE and UL 1741 standards, as set forth in the Rule. 2. If the equipment package has been tested and listed as an integrated package, which includes a generator or other electric source, the equipment package will be deemed certified, and Rocky Mountain Power will not require any further design review, testing or additional information. 3. If the equipment package includes only the interface components (switchgears, inverters, or other interface devices), an interconnection applicant must show that the generator or other electric source being utilized with the equipment package is compatible with the equipment package and consistent with the testing and listing specified for the package. If the generator or electric source being utilized with the equipment package is consistent with the testing and listing performed by the nationally recognized testing and certification laboratory, the equipment package will be deemed certified and Rocky Mountain Power will not require further design review, testing or additional equipment. 4. A net metering facility must be equipped with metering equipment that can measure the flow of electricity in both directions, comply with ANSI C 12.1 standards and Rule 746-312. Rocky Mountain Power will install the required metering equipment at Rocky Mountain Power's expense. 5. Rocky Mountain Power will not be responsible for the cost of determining the rating of equipment owned by the customer -generator or of equipment owned by other local customers. 6. Customer may operate the Net Metering Facility temporarily for testing and obtaining inspection approval. Customer shall not operate the Net Metering Facility in continuous parallel without an executed Interconnection and Net Metering Service Agreement, and approval from Rocky Mountain Power. 7. Customer will pay to Rocky Mountain Power at the time of application the applicable Application fee of $50.00 plus $1.00 per kilowatt of the net metering facility's capacity. Customer -generator will pay to Rocky Mountain Power all costs of minor modifications or additional review as set forth in Rule 746-312 prior to commencement of work. E. Customer Acknowledgment I certify that the information provided in this Application is true. I will provide Rocky Mountain Power a copy of the signed government electrical inspection approval document when obtained, if not already provided with this Application. I agree to abide by the terms of this Application and I agree to notify Rocky Mountain Power thirty (30) days prior to modification or replacement of the System's components or design. Any such modification or replacement may require submission of a new Application to Rocky Mountain Power. I agree not to operate the Net Metering Facility in parallel with Rocky Mountain Power, except temporarily for testing and obtaining inspection approval, until this Application is approved by Rocky Mountain Power, until this agreement is signed by both parties, and until I have provided Rocky Mountain Power with at least five (5) days notice of anticipated start date. Customer or Applicant Signature & Date: Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 22 of 24 Agenda Page 233 of 235 Please send completed application to: Rocky Mountain Power Customer Generation or netmeteringa,pacificorp.com P.O. Box 25308 Salt Lake City, UT 84125-0308 Phone: (888) 221-7070 Please scan the completed application and email Section 3. To be completed by System Installer Installation Contractor Information/Hardware and Installation Compliance Installation Contractor (Company Name): Contractor's License No.: Mailing Address: City: State: Proposed Installation Date: Daytime Phone: Fax: Email: Zip Code: For inverter -controlled system, meets IEEE Standards and UL 1741 Inverters, Converters, and Controllers for use in Independent Power Systems as set forth in the Rule: n Yes n No For induction or synchronous device, meets IEEE Standard 1547 and IEEE/ANSI Standard C37.90 requirements as set forth in the Rule: n Yes n No If Photovoltaic System, System must be installed in compliance with IEEE Standards, Recommended Practice for Utility Interface of Photovoltaic Systems. All System types must be installed in compliance with applicable requirements of local electrical codes, Rocky Mountain Power and the National Electrical Code® (NEC) and must use an anti-islanding inverter. The System must include a manual, lockable, load -break (disconnect) switch, unless exempt under Rule 746- 312-4(2), accessible at all times to Rocky Mountain Power personnel and located within 10 feet of Rocky Mountain Power's meter. The disconnect switch may be located more than 10 feet from Rocky Mountain Power's meter if permanent instructions are posted at the meter indicating the precise location of the disconnect switch. Rocky Mountain Power must approve the location of the disconnect switch prior to the installation of the net metering facility. If the Net Metering Facility is designed to provide uninterruptible power to critical loads, either through energy storage, back-up generator, or the generation source, the Net Metering Facility will include a parallel blocking scheme for this backup source. This function may be integral to the inverter manufacturer's packaged system. Does the Net Metering Facility include a parallel blocking scheme: n Yes n No Signed (Contractor): Date: Name (Print): Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 23 of 24 Agenda Page 234 of 235 Section 4. To be completed by Rocky Mountain Power: A. If approving the application: Rocky Mountain Power does not, by approval of this Application, assume any responsibility or liability for damage to property or physical injury to persons. Further, this Application does not constitute a dedication of the owner's System to Rocky Mountain Power electrical system equipment or facilities. Customer entered into an Interconnection and Net Metering Service Agreement with Rocky Mountain Power on the day of , 20. Customer satisfactorily passed Witness Tests on the day of , 20 (Rocky Mountain Power may waive Witness Tests at its option; if tests are waived initial here )• This Application is approved by Rocky Mountain Power on this day of , 20_ Rocky Mountain Power Representative Name (Print): Signed (Rocky Mountain Power Representative): Date: B. If denying the application: This application is denied by Rocky Mountain Power on this day of , 20_ for the following reason(s): Rocky Mountain Power Representative Name (Print): Signed (Rocky Mountain Power Representative): Date: Applicant may submit a new application for Level review. Section 5. To be completed by Rocky Mountain Power Meterman Customer Account No. Served from Facility Point No.: New Net Meter No.: Site ID No.: Date net meter installed: Manual disconnect location and permanent signage in place unless system is less than 10 kW: ❑ Yes ❑ No Signature/Title: Date: Rocky Mountain Power Interconnection and Net Metering Service Agreement Utah Level Page 24 of 24 Agenda Page 235 of 235