HomeMy Public PortalAboutRES-CC-1997-05RESOLUTION 05-97
A RESOLUTION APPROVING AN INTERGOVERNMENTAL COOPERATIVE
AGREEMENT BY AND BETWEEN MOAB CITY AND UTAH STATE UNIVERSITY FOR
THE PURPOSES OF CONDUCTING AN IMPACT FEE STUDY.
WHEREAS, the document entitled Intergovernmental Cooperative
Agreement between Moab City and Utah State University has been
presented at this meeting of the Governing Body,
NOW, THEREFORE, THE MOAB CITY GOVERNING BODY HEREBY RESOLVES TO
APPROVE THE ABOVE -MENTIONED AGREEMENT IN SUBSTANTIALLY THE FORM
PRESENTED AT THIS MEETING AND AUTHORIZES EXECUTION AND DELIVERY OF
THIS AGREEMENT BY THE APPROPRIATE OFFICIALS. I
PASSED AND APPROVED THIS ,a5�1'' day of / lU r CiF•
ATTEST:
.icithc»r1/��
ity Recorder
, 1997.
c
C
INTER -GOVERNMENTAL COOPERATIVE AGREEMENT
between
MOAB CITY
and
UTAH STATE UNIVERSITY
LOGAN, UTAH
This Agreement made this day of !i a,r4, , 1997,
by and between Moab City, Utah (hereinafter referred to as City)
and Utah State University, (Center for Rural Economic Development),
Logan, Utah 84322 (hereinafter referred to as USU).
WITNESSETH THAT:
WHEREAS, Moab City has requested assistance from
review and preparation of impact fee studies; and
WHEREAS, the City is authorized to enter into
Cooperative Agreements under Utah Code 11-13-1; and
WHEREAS, the City desires to enter into an agreement with USU
to perform that work hereinafter set forth;
NOW, THEREAFTER, in consideration of the promises hereinafter set
forth, it is hereby mutually agreed as follows:
USU in the
ARTICLE I. STATEMENT OF WORK:
Interlocal
The Impact Fees Assessment Study for the City of Moab, Utah, will
be prepared to enhance city planning efforts and satisfy study
criteria mandated by the Legislature. The City will be apprised of
progress on a weekly basis through informal reporting to the City
Manager of Moab City. Formal reporting to the entire City Council
will be conducted at the request of the City Manager. A formal
written report will be presented to the City on, or before, June
30, 1997. Specifically, the Impact Fees Assessment Study will
include the following components:
1. Survey impact fee assessment studies for other Utah
cities and review economic literature on optimal impact
fee assessment structures.
2. Gather ten years of historical data on capital
expenditures, capacities, and utilization for capital
services currently covered by Moab City impact fees.
Access to City records will be provided by the City
administration.
3. Perform a utilization review of capital infrastructure
investment and evaluate capital needs in the context of
historical and projected population growth rates.
4. In the context of historical data, provide an economic
rationale for impact fee assessment and provide a
defensible fee structure based on marginal impact
resulting from commercial, industrial and residential
development.
5. Prepare a written report titled "Impact Fees Assessment
Study" that identifies all research procedures and
findings, and summarizes the impact fee structure that
could potentially be rationalized, and thus implemented
by the City.
6. Prepare a written justification for the specific fees for
Water and Sewer.
ARTICLE II. AGREEMENT PERIOD:
Performance under this Agreement shall commence on the 26th day of
March, 1997, and this Agreement shall expire on the 30th of June,
1997.
ARTICLE III. PAYMENT FOR SERVICES:
The total Agreement amount agreed to by the parties of this
Agreement for performance of the scope work identified in Article
I. is $4,000.00 fixed charge for each impact fee studied and $792
for cost reimbursable travel. The initial payment amount provided
under this Agreement is $2,000 upon signature of this agreement.
An additional payment of $2,000 shall be made upon receipt of the
preliminary report. The final payment of $4,000 and travel costs
shall be made upon acceptance of the final report. Payment shall
be made within 30 days after receipt of an invoice in triplicate
specifying the appropriate dates and total amount due, to whom the
said check should be made, and the address for sending the said check.
ARTICLE IV. KEY PERSONNEL:
Dr. Christopher Fawson and Dr. John E. Keith are designated as
Project Director and shall have overall responsibility for the
direction of the work of John Thompson, Emily Simmons and Daniel
Simmons performed under the Agreement. Any changes of key
personnel shall require prior approval.
ARTICLE V. REPORTS:
A progress report shall be due two (2) months after the project has
begun. Receipt and acceptance of the reports are subject to the
approval of the City Manager. The final Impact Fee Study shall be
submitted to Moab City, Utah.
ARTICLE VI. LIABILITIES:
USU agrees to assume liability for the negligent acts or omissions
of its employees committed during the performance of this
Agreement. City agrees to assume liability for the negligent acts
or omissions of its employees committed during the performance of
3
this Agreement to the extent such negligence gives rise to
liability pursuant to the provisions of the Governmental Immunity
Act, Section 63-30-10, et seq. Utah Code Annotated, 1953, and
subject to the limitation of liability established in Section 63-
30-10 et seq. Utah Code Annotated, 1953.
ARTICLE VII. DRUG -FREE WORKPLACE:
USU agrees that it will make every effort to provide a drug -free
workplace by notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled
substance is prohibited in USU's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition.
ARTICLE VIII. TERMINATION:
This Agreement may be terminated by either party and will be
considered terminated upon receipt in writing of such intent. Upon
termination, USU shall immediately turn over to City any
information and/or data gathered in a suitable form such that the
information can be identified and used.
ARTICLE IX. FULL AND COMPLETE AGREEMENT:
This Agreement, together with any and all attachments herein
incorporated by reference constitutes the full and complete
understanding of the parties regarding the subject matter hereof.
No modification or alteration of or addition to this Agreement
shall be effective to bind the parties hereto unless it shall be in
writing signed by the parties or their authorized representatives.
IN WITNESS WHEREOF, we have hereunto set our hand the day and year
first above written.
MOAB CITY
UTAH STATE UNIVERSITY
by by
omas A. Stocks Christopher Fawson
Moab City Mayor Principal Investigator
Act g City Recorder
4yCOOODy
M.R. Lewis, Assistant Director
Contract/Grant Office
by
Robert D. Barclay
Assistant Attorney General
University counsel
4
State of Utah )
) ss.
County of Grand )
Subscribed to and executed before me by Thomas A. Stocks this
day of April , 1997. Witness my hand and official
seal.
My commission expires: kiP51d000
NOTARY PUBLIC
MARGET A SNYDER
1930 S Shumway Ln.
Moab, UT 94532
MY> of U 23, 2000
r
---(-Thosop a r)fuy-
Notary Public