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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