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HomeMy Public PortalAboutPKT-CC-2018-03-13Moab City Council March 13, 2018 Pre -Council Workshop **6:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 265 Page 2 of 265 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, March 13, 2018 at 6:00 p.m. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE -COUNCIL WORKSHOP • Briefing by Ken Kolm Regarding Hydrologic and Environmental System Analysis of Moab Area Culinary Water Sources • Discussion Regarding Ordinance Code Revisons: Moab Municipal Code Chapter 2 CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 27, 2018 MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORTS CITIZENS TO BE HEARD PRESENTATIONS 5-1 Presentation of the Mayor's Student Citizenship of the Month Awards for September 2017 to March 2018 for Grand County Middle School SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 TransRocbies 5th Annual Moab Rocks three-day Mountain Bike Race Festivities April 13 to 16, 2018 6-1-1 Approval of Special Event Application 6-1-2 Approval of Special Use of Swanny City Park 6-1-3 Approval of Special Event Beer License 6-1-4 Granting of Local Consent for a Single Event Alcohol Permit 6-2 Approval of a Request by Bill Groff for Amplified Music at Old City Park on June 1, 2018 6-3 Approval of a Request by Moab Music Festival for Amplified Music at Old City Park on September 3, 2018 6-4 Approval of a Request by Moab Music Festival for Use of the Sun Court on August 31, Setpember 7 and 9, 2018 Page 3 of 265 6-5 Approval of a Private Property Vendor License for Melissa Mattson, d.b.a. Nom Nom Doughnuts, located at 391 South Main Street for a term of March 29 to June 4, 2018 and September 8 to November 12, 2018 SECTION 7: OLD BUSINESS 7-1 Review and Possible Approval of Changes to Sections 2.01 and 2.28 of Moab Municipal Code Regarding Procurement and Ethics — Proposed Ordinance #2018-03 — An Ordinance Amending City Procurement Procedures, Amending Certain Ethics Provisions, and Providing for Disclosure of Transactions in Which City Employees or Officials may have a Personal Interest 7-2 Reconsideration of Resolution #13-2018—A Resolution to Maintain Local Zoning Authority Over Short-term Rental Uses SECTION 8: NEW BUSINESS 8-1 Discussion Regarding Council Role in Special Events Permitting 8-2 Approval of Procurement of a Door Security Upgrade Purchase with TJ Communicaitons in an amount not to exceed $49,800 8-3 Review and Possible Approval of Proposed Ordinance #2018-05 — An Ordinance to amend Chapter 5.20.660 of the Moab Municipal Code by adding Lion's Park to the list of City facilities where alcohol may be permitted by the City Council 8-4 Presentation of Annual Film Commission Report 8-5 Review and Possible Approval of Proposed Resolution #17-2018—A Resoluiton Requesting the Utah Division of Water Rights to Limit New Allocaions within Spanish Valley SECTION 9: CONSENT AGENDA 9-1 Approval of Procurement of a Pedestrian Bridge from Contech Engineered Solutions in an amount not to exceed $31,015 9-2 Approval of Procurement of a Concrete Project for the Moab Arts and Recreation Center Side Yard Renovation Project from Straightline Contracting in an amount not to exceed $28,890 9-3 Request for Approval of Surplused City Property to Moonflower Market SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 265 Moab City Council Agenda Item Meeting Date: March 13, 2018 #: Workshop Title: Moab Municipal Code Title 2 Revisions Date Submitted: March 8, 2018 Staff Presenter: David Everitt Attachment(s): Proposed Ordinance Recommended Motion: I move to adopt Ordinance 2018-04, an ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. Background/Summary: Much of the Moab Municipal Code is in need of cleanup, clarification, and updates. The attached proposed ordinance addresses those needs for Title 2, Administration and Personnel, which contains an extensive range of provisions that affect day-to-day operations in the City. Specifically, this ordinance proposes the following changes: 1. Transfers appointment and removal power for certain department heads from the Mayor to the City Manager. This comports with current state law, provides consistency across the departments (except for Recorder and Treasurer, which remain Mayoral appointments by state law), and allows for a more efficient employment process. 2. Removes outdated provisions regarding superintendents and at -will appointees. There is no need for a chapter designating the "City Collector", "Utilities Superintendent", "Superintendent of Streets", nor a chapter regarding at -will status. All of this is covered in the Personnel Policies and Procedures manual, which is adopted by resolution of the Council separately. This is true for severance benefits and appeals as well. Page 5 of 265 3. Removes sections regarding advisory boards that no longer apply. The Stuntmen's Hall of Fame, the MARC Advisory Board, the Hillside Review Advisory Board, and the Youth Center Board are either not relevant or defunct at this time. 4. Updates language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section. 5. Updates the section governing the Planning and Zoning Commission to expand the number of Commissioners to seven, changes the term from five to three years, and adds clearer language where needed. Page 6 of 265 CITY OF MOAB ORDINANCE NO. 2018-04 An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. The following describe the intent and purpose of this ordinance: a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301.; b. From time to time the City undertakes to revise its ordinances to remove archaic or outdated language, and to bring ordinances into compliance with current City needs and practices; c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC") are dated and in need of repeal or substantial amendment in light of current practices and because certain administrative or other bodies are no longer in existence or needed; d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning commission rules of procedure and order to govern public meetings. The City of Moab has additionally enacted ordinances which create the Planning Commission and specify the matters that are within its jurisdiction; e. That in the interest of efficient municipal administration a number of changes are needed to update the MMC, including: 1. Transfer appointment and removal power for certain department heads from the Mayor to the City Manager; 2. Remove outdated provisions regarding superintendents and at -will appointees; 3. Remove sections regarding advisory boards that no longer apply; 4. Update language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section; and 5. Update the section governing the Planning and Zoning Commission f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b). Now therefore, the Moab Municipal Code is amended as follows: 1 Page 7 of 265 Chapter 2.04 CITY COUNCIL 2.04.010 Oath required. Each member of the City Council, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. 2.04.015 Role of the City Council. The City operates under the form of government as identified under U.C.A. § 10-3b-301. The City Council shall review and approve all resolutions and ordinances; appropriate funds and adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal administration as set out herein; and perform all other duties that may be required of it by law. From within the membership of the City Council the Council shall designate a person to serve as the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities of the Mayor when the Mayor is absent or unable to perform same. Any executive or administrative power held previously by the City Council is now delegated to the City Manager.. 2.04.020 Meetings --Time and place. A. The stated meetings of the City Council shall be held at a place designated by the City Council on the second and fourth Tuesday of each month, provided that when any meeting occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council may hold other or special meetings at such times it determines to be convenient. B. All meetings may be adjourned from time to time as business may require. The hour of regular meetings shall be seven p.m. C. All regular City Council meetings may be preceded by a pre -meeting workshop for the purpose of allowing the council to receive staff reports and recommendations on regular meeting agenda items. The workshop shall commence one-half hour before the meeting, or such longer period of time as the council shall by notice designate. D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public hearings" for the purposes of allowing testimony or comment from the public. E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre - meeting workshop shall be reserved for the regular meeting. (Ord. 98-04 § l (part), 1998; Ord. 96-08, 1996: prior code § 2-8) 2.04.040 Meetings -Procedure generally. The City Council shall sit with unlocked doors and shall keep a journal of its own proceedings. The votes for or against shall be taken upon the passage of all ordinances, all propositions to create any liability against the City, and in all other cases at the request of any member, which shall be entered upon the journal of its proceedings. Unless otherwise provided for by law, the concurrence of a majority of the Councilmembers at a meeting where quorum is presentshall be necessary for the passage of any such ordinance or proposition. (Prior code § 2-10) 2 Page 8 of 265 2.04.050 Meetings -Reconsideration of votes. No vote of the City Council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there are present as large a number of City Councilmembers as were present when such vote was taken. (Prior code § 2-11) 2.04.060 Meetings -Deferral of action on reports. Upon request of any two members of the City Council, action on any report of a committee of the City Council shall be deferred to a future meeting of the City Council., (Prior code § 2-12) 2.04.070 Meetings -Special meetings. The Mayor or any two members of the City Council may call a special meeting of the City Council by giving a notice thereof to each of the members of the City Council, served personally or left at their usual place of abode. (Prior code § 2-13) 2.04.080 Vacancies. If any vacancy shall occur in the office of City Councilmember by death, resignation, removal or otherwise, such vacancy shall be filled for the unexpired term by appointment of the City Council. Should the City Council fail for thirty days to fill the vacancy in the City Council, the City Recorder shall sit as a member of the City Council for the purpose of choosing some person to fill such vacancy. (Prior code § 2-14) 2.04.090 Reinvestment Agency Authority. Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and the City Council is designated as the governing body. The Council shall have the power to transact business and exercise all of the powers of such agency as otherwise provided by law. 3 Page 9 of 265 Chapter 2.08 MAYOR 2.08.010 Oath required. The Mayor, before assuming the duties of the office, shall take and subscribe the constitutional oath of office. (Prior code § 2-16) 2.08.015 Role of the Mayor. The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of the City Council. The Mayor is a non -voting member of the Council, but may vote where there is a tie vote of the other Council members, or as otherwise provided by law. The Mayor, as a member of the Council, may participate in all actions of the Council in setting policy for the City. The Mayor shall retain any legislative or quasi-judicial powers vested by law. The Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on commissions, boards, or committees of the City. Any other executive or administrative power held previously by the Mayor under prior law is delegated to the City Manager. (Ord. 93-9 § 6, 1993) 2.08.020 Office to be vacant upon removal from city. If at any time during his/her term of office, the Mayor shall no longer make his/her primary residence within the City, the office shall thereby become vacant. (Prior code § 2-17) 2.08.030 Vacancy -Filling. Whenever a vacancy shall occur in the office of Mayor, the City Council shall elect a Mayor, who shall possess all the rights and powers of Mayor until the next municipal election, and until his/her successor is elected and qualified. (Prior code § 2-18) 4 Page 10 of 265 Chapter 2.10 CITY MANAGER 2.10.010 Office created. As authorized by U.C.A. § 10-3b-303 there is created the office of City Manager of Moab, Utah. (Ord. 93-9 § 1, 1993) 2.10.020 Appointment. The appointment of a person to be known as City Manager shall be by the City Council. Once approved by the City Council, the Mayor shall sign the contract entered into with the City Manager on behalf of the City. (Ord. 93-9 § 2, 1993) 2.10.030 Term. The City Manager shall serve at the pleasure of the City Council, except that the Council shall employ the Manager for a term not to exceed three (3) years. The term of employment may be renewed at any time. Any person serving as City Manager may be removed with or without cause by a majority vote of the City Council. (Ord. 93-9 § 3, 1993) 2.10.040 Powers and duties. The powers, duties, and obligations of the City Manager are as follows: A. The administrative powers, authority, and duties are vested in the City Manager. B. The City Manager shall be the chief administrative officer of the city and shall be responsible to the City Council for the administration of all city affairs placed in his or her charge. All City employees, contractors, or appointees (excluding persons appointed to City boards or commissions) shall be under the supervision and direction of the City Manager. C. Subject to the terms of applicable contracts or personnel policies, the City Manager shall hire and, when he/she deems it necessary, suspend or remove all City employees and contractors. The City Manager has discretion to delegate personnel authority to any subordinate employee or department head with respect to employees under that person's direct supervision. D. The City Manager shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law. E. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and neither the Council, nor any member thereof, or the Mayor shall give orders to any subordinates of the City Manager, either publicly or privately. F. The City Manager shall attend meetings of the City Council with the right to take part in the discussion but not to vote. The City Manager may recommend to the City Council for adoption such measures as she/he may deem necessary or prudent. G. The City manager is designated as the budget officer for the City and shall perform or cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal Procedures Act. As budget officer, the City Manager shall prepare and submit the annual budget to the City Council, along with any proposed amendments to the budget. H. The City Manager shall promptly notify the Mayor and City Council of any emergency existing in any City department or body. I. The City Manager shall perform such other duties as may be required by law, or by the City Council through ordinance, resolution, or informal direction. 5 Page 11 of 265 J. In the manager's temporary absence, the Recorder shall exercise the powers and perform the duties of the City Manager. K. The City Manager shall carry out the policies and programs established by the Council. L. The City manager may examine and inspect the books, records, and official papers of any office, department, agency, board, or commissions of the city and make investigations and require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993) 2.10.070 Salary. The salary of the City Manager shall be set from time to time by resolution of the City Council. (Ord. 93-9 § 7, 1993) 6 Page 12 of 265 Chapter 2.12 DUTIES OF CITY RECORDER 2.12.010 Oath required. The City Recorder, before assuming the duties of the office, shall take and subscribe the constitutional oath. 2.12.020 Duties. Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and consent of the City Council. The Recorder shall perform all duties as may by law devolve upon him/her as recorder of a city of the fifth class under the laws of the State of Utah. The Recorder shall keep records properly indexed of all City contracts, and the records shall be open to inspection by all interested persons. Unless otherwise provided by ordinance, the Recorder shall be ex-officio city collector. The Recorder shall perform such other and further duties as the City Council may by ordinance provide. Within the office of the Recorder a properly qualified employee may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is authorized to perform, and shall perform, all duties of the Recorder during such times when the Recorder is unavailable or unable to perform same. Any official act of the Deputy Recorder taken in the absence of the Recorder shall be valid and binding to the same extent as if done by the Recorder. The Recorder, in addition to the powers and duties imposed by law and ordinance, shall perform the following duties: A. He/she shall issue notices to the members of the City Council, when directed to do so by that body, and to members of the different committees and to all persons whose attendance is required before any committee, when directed or requested so to do by the chairman of such committee. The Recorder shall also issue notices of special meetings of the City Council. B. He/she shall attest all licenses granted under this code or any other ordinance of the City, and shall keep a record of the issuance thereof. C. He/she shall, without delay, deliver to the officers of the City, and all committees of the City Council, all resolutions and communications referred to such officers or committees by that body. D. He/she shall, without delay, deliver to the Mayor all ordinances or resolutions which may be required to be approved or otherwise acted upon by the Mayor, together with all papers on which the same are founded. E. He/she shall sign and attest all ordinances passed by the City Council that are signed by the Mayor or other officer. F. He/she shall certify to the publication of all ordinances, resolutions, or other official documents. G. He/she shall attest all papers signed by the Mayor officially, and keep and affix the corporate seal. H. He/she shall keep correct records and minutes of all proceedings of the City Council, recording the same to the extent otherwise provided by law. I. He/she shall countersign all contracts made on behalf of the City, and every contract made on behalf of the City, or to which the City is a party, shall be void unless signed by the Recorder. The Recorder shall endorse a certificate upon every bond, warrant, or other evidence of debt issued pursuant to law, by the City stating that the same is within the lawful debt limit of the City, and is issued according to law. 7 Page 13 of 265 J. He/she shall pay into the City treasury all money belonging to the City coming into the Recorder's office. K. He/she shall deliver to the successor in office the corporate seal, together with all books, papers, records and other property of the City. L. He/she shall have the power to administer oaths in all matters in any way connected with the City government. M. He/she shall attend to all official correspondence and report the same to the City Council as needed. (Prior code § 2-30) 2.12.030 Records of ordinances to be kept. A. The Recorder shall keep records of all ordinances, together with affidavits of publication by the publisher. Before taking effect, all ordinances shall be deposited in the office of the Recorder. B. The originals of all ordinances passed by the City Council shall be filed in the Recorder's office. (Prior code § 2-31) 2.12.040 Papers, records, transcripts -Copies. Upon request and upon the payment of such fees set by the City Council the Recorder shall make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's office and transcripts of all records of which the Recorder is the lawful custodian. (Prior code § 2-32) 8 Page 14 of 265 Chapter 2.16 CITY TREASURER 2.16.010 Oath required. The Treasurer, before entering upon the duties of office, shall take and subscribe the constitutional oath of office. (Prior code § 2-33) 2.16.020 Appointment of deputies and assistants. Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and consent of the City Council. The Treasurer shall have power to appoint from within the office of the Treasurer a properly qualified employee who shall be designated the Deputy Treasurer. The Deputy Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during such times when the Treasurer is unavailable or unable to perform same. Any official act of the Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same extent as if done by the Treasurer. (Prior code § 2-34) 2.16.030 Powers and duties generally. The Treasurer shall receive all money belonging to the City, including all taxes, license fees, utility billings, fines, and other funds owed to or held by the City, and shall keep an accurate and detailed account thereof, in such manner as may be provided by law, and shall collect all special taxes and assessments as provided by law. The Treasurer shall reconcile all accounts with the Recorder, as the City Council may direct at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of the indebtedness of the City which may have been redeemed during the month, taking the receipts of the Recorder therefor, and all such warrants, orders or other evidence of indebtedness shall be cancelled by the Treasurer and have written or stamped thereon the date of their payment or redemption. (Prior code § 2-35) 2.16.040 Collection of special taxes. The Treasurer is ex-officio collector of special taxes. (Prior code § 2-36) 2.16.050 Receipts to be given. The Treasurer shall give every person paying money to the City a receipt therefor, specifying the date of payment and upon what account paid; and he/she shall also file the duplicate of such receipt with the Recorder at the date of the monthly report. (Prior code § 2-37) 2.16.060 Payments. The Treasurer shall not pay any funds owned or held by the City to any person unless the expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing Agent, or the City Manager as otherwise provided by law. (Prior code § 2-38) 2.16.070 Investment decisions at authorized banking institutions. A. The Treasurer is authorized to take any and all such actions in the name of and on behalf of the City in order to utilize investment opportunities available at banking institutions approved by the Utah Money Management Act. Such actions shall include but not be limited to setting up sweep accounts, zero balance accounts, automatic transfer of funds accounts and similar deposit 9 Page 15 of 265 and investment arrangements, entering into transactions similar to the foregoing, and performing such actions as may be required in connection with any of the foregoing. From time to time the Treasurer shall present to the City Council for approval all necessary resolutions for designation of depository institutions and authorized signatories. B. Agreements, instruments, or documents properly executed and delivered to any banking institution approved by the Utah Money Management Act by the city Treasurer shall be binding and enforceable obligations of the City, enforceable in accordance with their respective terms. (Res. 05-99, 1999) 10 Page 16 of 265 Chapter 2.20 is hereby repealed. Chapter 2.20 CITY COLLECTOR 11 Page 17 of 265 Chapter 2.24 CITY ATTORNEY 2.24.010 Establishment -Appointment -Term. There is established the office of City Attorney. The person(s) providing legal services to the City as City Attorney may be independent contractors designated by the City Manager or may be a full time city employee. Any applicable contracts for legal services are subject to approval by the City Council. Persons providing legal services to the City shall do so without a specified term, and services may be terminated as otherwise provided by contract. (Prior code § 2-43) 2.24.020 Oath required. The City Attorney, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. (Prior code § 2-44) 2.24.030 Delegation of Tasks. Where appropriate, the City Attorney may delegate certain tasks to an associate or assistant attorney, provided that the City Attorney shall retain responsibility for all such tasks. (Prior code § 2-45) 2.24.040 Employment of special counsel. The City Attorney shall have the power to employ, by and with the consent of the City Manager, special counsel on matters pertaining to the legal affairs of the City, if the same is deemed necessary and advisable. Such special counsel shall be compensated by the City as provided by contract. (Prior code § 2-46) 2.24.050 Succession -Delivery of records. Upon the termination of legal services or upon request by the City, the City Attorney shall promptly deliver to any successor or such person(s) designated by the City copies of all books and papers pertaining to pending or concluded City legal matters. (Prior code § 2-47) 2.24.060 Powers and duties. The City Attorney shall be responsible for prosecuting and conducting all cases for violations of this Code or any other ordinances of the City. The City Attorney shall appear on behalf of the City in all suits in which the City, City employees or officials are a party, and shall prosecute or defend them, as the case may be, in any courts until they are concluded. It shall be the duty of the City Attorney to advise all City employees, the City Manager, the Mayor, and City Council with respect to their official duties; to prepare the draft of all such ordinances as the City Council or City Manager from time to time shall instruct; and to perform such other duties as this Code and any other ordinances of the city and the general laws require, or as the City Council may specially direct. In addition to the powers and duties imposed by law or ordinance, the City Attorney shall have the following powers and duties: A. He/she shall advise the City Council and its committees on such legal questions as may arise in relation to the business of the City, and attend the meetings of the City Council when required. He/she shall report periodically on any matter as necessary for the approval of the City Council or as necessary for oversight. 12 Page 18 of 265 B. Whenever a criminal action for the violation of this Code or any other ordinance of the City is brought in any court, it shall be the duty of the City Attorney to appear and prosecute such action. C. When requested, the City Attorney shall furnish written opinions or memoranda upon subjects submitted to him/her by the Mayor, the City Council, the City Manager, or the head of any department. D. He/she shall draft any deeds, leases, contracts or other papers and forms required by the business of the City, when requested so to do by the Mayor, the City Council, the City Manager, or the head of any department. E. He/she shall keep accurate records of all actions in which the City Attorney appears as counsel. Such books shall at all times be open to the inspection of the Mayor, the City Council, and/or the City Manager. (Prior code § 2-48) 2.24.070 Reporting Periodically, or as requested by the Mayor or the City Council, the City Attorney shall provide oral reports or written memoranda detailing the status of pending legal matters or tasks which have been assigned. Day to day reporting on pending legal matters shall be provided to the City Manager. (Prior code § 2-49) 13 Page 19 of 265 Chapter 2.32 UTILITIES SUPERINTENDENT Chapter 2.32 is hereby repealed. 14 Page 20 of 265 Chapter 2.36 SUPERINTENDENT OF STREETS Chapter 2.36 is hereby repealed. 15 Page 21 of 265 Chapter 2.40 OFFICERS GENERALLY Chapter 2.40 is hereby repealed. 16 Page 22 of 265 Chapter 2.52 PLANNING COMMISSION 2.52.010 Establishment --Composition. The Planning Commission shall consist of seven (7) regular members. (Ord. 06-01 (part), 2006: prior code § 2-60) 2.52.020 Appointment of members--Qualifications--Compensation. The members of the Planning Commission shall be appointed by the mayor with the consent of the city council from among the qualified electors of the city. Such members shall be selected without respect to political affiliations, and may serve with compensation to be determined by the City Council. (Ord. 06-01 (part), 2006: prior code § 2-61) 2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies. The terms of office of each member of the planning commission shall be for three (3) years. Planning Commission members must attend a minimum of seventy-five percent of all Planning Commission meetings held during the course of a calendar year in order to remain a member of the Planning Commission. This annual determination of attendance shall be conducted by planning department staff and forwarded to the chairperson of the Planning Commission, the City Manager and Mayor and City Council. Vacancies and/or removals occurring otherwise than through the expiration of terms shall be filled by appointment by the Mayor with the consent of City Council. Members may be removed, with or without cause, after public hearing by a majority vote of City Council. (Ord. 95-18, 1995: prior code § 2-62) 2.52.050 Organization --Meetings. The Planning Commission shall elect from its membership a chair and vice chairand shall conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning Commission meetings. The City Recorder shall keep a public record of Planning Commission proceedings. (Prior code § 2-64) 2.52.060 Powers and duties. The Planning Commission shall have the following powers and duties: A. After holding public hearings, the Planning Commission may recommend to the City Council a General Plan for the physical development of the City. The General Plan shall show the Planning Commission recommendations and may include, among other things, the general location, character and extent of streets, parks, parkways, and other public places; the general location and extent of public utilities; recommendations for future zoning designations and land uses; recommendations for future land use policy initiatives and long term goals; plans for the development of additional housing; a future land use plan; and other elements as may be required by law. Utah State Code. The Planning Commission may from time to time review the General Plan and forward recommendations to the City Council for amendments or revisions. B. From time to time the Planning Commission may review the land -use ordinances of the City and consider amendments to same. It may recommend amendments or new ordinances to the City Council, either on its own initiative or upon referral by the City Council or staff. C. The Planning Commission shall act as an advisory body, reviewing and making recommendations to the City Council with respect to those land -use applications or proceedings 17 Page 23 of 265 as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land use authority on those matters specified by ordinance D. In its discretion, the Planning Commission may recommend that staff undertake studies or may recommend to the Mayor and City council programs or policies for the improvement of land development within the City. E. The Planning Commission may exercise those additional powers as are reasonable or necessary to carry out and perform the enumerated powers and duties specified above. 18 Page 24 of 265 Chapter 2.56 POLICE DEPARTMENT 2.56.010 Establishment -Composition. There is established a regularly constituted police force to be known as the City Police Department which shall consist of a Chief of Police and such other police officers as shall be employed by the City from time to time. (Prior code § 20-1) 2.56.020 Powers and duties of police officers. The Chief of Police and all police officers of the city shall have the following powers and duties: A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state, this Code, or any other ordinances of the city; B. To execute and serve all warrants, processes, commitments and all writs whatsoever, issued by any court; C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads and highways, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as shall be required by the license collector and perform all duties enjoined upon them by law and ordinance. (Prior code § 20-2) D. To arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within the view of the officer, any breach of the peace, or any offense directly prohibited by the laws of the State of Utah or this Code. 2.56.030 Chief -Appointment. The City Manager shall appoint the Chief of Police. (Prior code § 20-3) 2.56.035 Appointment of deputies and assistants. The Police Chief shall have power to appoint a properly qualified employee who shall be designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform, all duties of the Chief during such times when the Chief is unavailable or unable to perform same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and binding to the same extent as if done by the Chief. 2.56.040 Chief -Oath required. The Chief of Police shall before assuming the duties of office take and subscribe the constitutional oath of office. (Prior code § 20-4) 19 Page 25 of 265 Chapter 2.61 STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS Chapter 2.61 is hereby repealed. 20 Page 26 of 265 Chapter 2.64 RECORDS ACCESS AND MANAGEMENT PROGRAM Section 2.64.060 is amended as follows: 2.64.060 Fees. A. The City may charge reasonable fees to cover the City's actual cost of compiling a record or duplicating a record. The fees shall be established by resolution of the City Council. The initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance codified in this Chapter and found on file in the office of the City Recorder. B. When the City compiles a record in a form other than that normally maintained by the City, the actual costs under this section may include the following: 1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing, summarizing, copying, scanning, printing, or tailoring the record into certain formats or media to meet the person's request; 2. the cost of staff time to search for, locate, and retrieve the record, and other direct administrative costs for complying with a request; 3. in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections B.1. and B.2.; and 4. fees for paper photocopies of records or digital copies of records, fees for packaging supplies, and postage fees for mailing records. C. An hourly charge under Subsection B. may not exceed the fully loaded cost of employment of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. D. The City may fulfill a record request without charge when it determines that: l . Releasing the record primarily benefits the public rather than a person; 2. The individual requesting the record is the subject of the record; 3. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious; or 4. The individual has requested in writing a waiver of the fees due to indigency, and the requester has been granted such waiver by the City Recorder. E. The City may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection B.; or 2. Inspecting a record: or 3.Classification of a record. F. A person who believes that there has been an unreasonable denial of a fee waiver under Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver. G. The adjudicative body hearing the appeal: 1. shall review the fee waiver de novo, but shall review and consider the city's denial of the fee waiver and any determination under Subsection D.; and 2. has the same authority when a fee waiver or reduction is denied as it has when the 21 Page 27 of 265 inspection of a public record is denied. H. All fees received under this section by the city shall be retained by the city as a dedicated credit. Those funds shall be spent on the actual costs and expenses incurred by the city in providing the requested records. I. The City may require payment of past fees and future estimated fees before beginning to process a request if: 1. fees are expected to exceed $50; or 2. the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester. J. This section does not alter, repeal, or reduce fees established by other sections of this municipal code. Exhibit "A" to section 2.64.060 shall be amended to read as follows: 1. Record location, retrieval, research and compilation fee Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read: "Photocopying fee for " shall all be amended to read: "Fee for photocopies for ff 22 Page 28 of 265 Chapter 2.68 MOAB YOUTH CENTER BOARD Chapter 2.68 is hereby repealed. 23 Page 29 of 265 Chapter 2.72 HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD Chapter 2.72 is hereby repealed. 24 Page 30 of 265 Chapter 2.84 MOAB ARTS AND RECREATION CENTER ADVISORY BOARD Chapter 2.84 is hereby repealed. 25 Page 31 of 265 Chapter 2.88 MOAB HILLSIDE REVIEW ADVISORY BOARD Chapter 2.88 is hereby repealed. 26 Page 32 of 265 The foregoing ordinance was passed and adopted upon the majority vote of the City Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of , 2018. This ordinance shall take effect immediately following passage. By: Mayor Emily S. Niehaus Date Attest: By: Rachel Stenta, Recorder Date 27 Page 33 of 265 i CITY OF MOAB ORDINANCE NO. 2018- -04 An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. The following describe the intent and purpose of this ordinance: a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301.; b. From time to time the City undertakes to revise its ordinances to remove archaic or outdated language, and to bring ordinances into compliance with current City needs and practices; c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC") are dated and in need of repeal or substantial amendment in light of current practices and because certain administrative or other bodies are no longer in existence or needed; d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning commission rules of procedure and order to govern public meetings. The City of Moab has additionally enacted ordinances which create the Planning Commission and specify the matters that are within its jurisdiction; e. That in the interest of efficient municipal administration a number of changes are needed to update the MMC, including: 1. Transfer appointment and removal power for certain department heads from the Mayor to the City Manager; 2. Remove outdated provisions regarding superintendents and at -will appointees; 3. Remove sections regarding advisory boards that no longer apply; 4. Update language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section; and 5. Update the section governing the Planning and Zoning Commission f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b). Now therefore, the Moab Municipal Code is amended as follows: Page 34 of 265 i Chapter 2.04 CITY COUNCIL 2.04.010 Oath required. Each member of the Ceity Ceouncil, before assuming the duties of his office, shall take and subscribe the constitutional oath of office and shall furnish to the eit befi 1 *he Sli hundred dollars. (Prior code § 2 7) 2.04.015 Role of the City Council. The City operates under the form of government as identified under U.C.A. § 10-3b-301. The City Council shall review and approve all resolutions and ordinances; appropriate funds and adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal administration as set out herein; and perform all other duties that may be required of it by law. From within the membership of the City Council the Council shall designate a person to serve as the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities of the Mayor when the Mayor is absent or unable to perform same. Any executive or administrative power held previously by the City Council is now delegated to the City Manager.. 2.04.020 Meetings --Time and place. A. The stated meetings of the Ceity Ceouncil shall be held at a place designated by the Ceity Ceouncil on the second and fourth Tuesday of each month, provided that when any meeting occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council may hold other or special meetings at such times it determines to be convenient. B. All meetings may be adjourned from time to time as business may require. The hour of the regular meetings shall be seven p.m. C. All regular Ceity Ceouncil meetings shall -may be preceded by a pre -meeting workshop for the purpose of allowing the council to receive staff reports and recommendations on regular meeting agenda items. The workshop shall commence one-half hour before the meeting, or such longer period of time as the council shall by notice designate. D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public hearings" for the purposes of allowing testimony or comment from the public. E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre - meeting workshop shall be reserved for the regular meeting._ Nothing in this section shall be construed to prohibit the governing body from providing at pre meeting workshops direction or informal input to staff on purely administrative or operational matters. (Ord. 98-04 § 1(part), 1998; Ord. 96-08, 1996: prior code § 2-8) number may adjourn from time to time and may, when necessary, compel the attendance of absent members and direct the chief of police to enforce the attendance of such members. (Prior code § 2 9) 2.04.035 Meetings Penalty for absence. A. An administrative penalty of one hundred dollars shall be deducted from the salary of any elected official who misses any officially called regular or special meeting of the governing Page 35 of 265 body, except when the elected official has contacted the mayor's office in advance of the meeting to apprise the mayor and governing body that he or she will not be in attendance, and the elected official has sufficient reason, as determined by the governing body, for each absence from the regular or special meeting. B. The determination as to whether or not the reason for the absence is sufficient shall be determined by the governing body at the meeting from which the elected official is absent. C. No elected official shall be penalized for failing to attend a pre council workshop, as provided under Section 2.04.020(C). All city elected officials are encouraged to attend every much meeting. (Ord. 98 04 § 1 (part), 1998; Res. 15 91 §§ 1, 2, 1991) 2.04.040 Meetings -Procedure generally. The Ceity Ceouncil shall sit with open unlocked doors and shall keep a journal of its own proceedings. The votes for or against yeas and nays shall be taken upon the passage of all ordinances, all propositions to create any liability against the Ceity, and in all other cases at the request of any member, which shall be entered upon the journal of its proceedings. Unless otherwise provided for by law, the concurrence of a majority of the Councilmembers at a meeting where quorum is presentclectcd as city councilmen, shall be necessary for the passage of any such ordinance or proposition. (Prior code § 2-10) 2.04.050 Meetings -Reconsideration of votes. No vote of the Ceity Ceouncil shall be reconsidered or rescinded at a special meeting, unless at such special meeting there are present as large a number of Ceity Ceouncilmembersn as were present when such vote was taken. (Prior code § 2-11) 2.04.060 Meetings -Deferral of action on reports. Upon request of any two members of the City Council, action on aAny report of a committee of the Ceity Ceouncil shall be deferred for final action thereon to the next a future regular meeting of the Ceity Ceouncil after the report is made_, by request of any two members of the city council. (Prior code § 2-12) 2.04.070 Meetings -Special meetings. The Mmayor or any two members of the Ceity Ceouncil may call a special meeting of the Ceity Ceouncil by giving a notice thereof to each of the members of the Ceity Ceouncil, served personally or left at theirhis usual place of abode. (Prior code § 2-13) 2.04.080 Vacancies. If any vacancy shall occur in the office of Ceity Ceouncilmemberafi by death, resignation, removal or otherwise, such vacancy shall be filled for the unexpired term by appointment of the Ceity Ceouncil. Should the Ceity Ceouncil fail for thirty days to fill the vacancy in the Ceity Ceouncil, the Ceity Rrecorder shall sit as a member of the Ceity Ceouncil for the purpose of choosing some person to fill such vacancy. (Prior code § 2-14) 2.04.090 Reinvestment Angency Auuthority. Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and Page 36 of 265 the City Council is designated as the governing body. The Council shall have the power to transact business and exercise all of the powers of such agency as otherwise provided by law. Pursuant to Section 11 19 3, Utah Code Annotated, 1953 as amended, the redevelopment agency of the city is hereby created and that the city council is designated as the redevelopment agency of the city and shall have the power to transact the business and exercise all of the powers provided for in the "Utah Neighborhood Development Act," Section 11 9 1, et seq., Utah Code Annotated, 1953 as amended. (Ord. 88 06, 1988) Page 37 of 265 Chapter 2.08 MAYOR 2.08.010 Oath required. The mMayor, before assuming the duties of his the office, shall take and subscribe the constitutional oath of office_ and shall furnish to the city a bond in the sum of five hundred dollars. (Prior code § 2-16) 2.08.015 Role of the Mayor. The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of the City Council. The Mayor is a non -voting member of the Council, but may vote where there is a tie vote of the other Council members, or as otherwise provided by law. The Mayor, as a member of the Council, may participate in all actions of the Council in setting policy for the City. The Mayor shall retain any legislative or quasi-judicial powers vested by law. The Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on commissions, boards, or committees of the City. Any other executive or administrative power held previously by the Mayor under prior law is delegated to the City Manager.(Ord. 93-9 § 6, 1993) 2.08.020 Office to be vacant upon removal from city. If at any time during his/her term of office, the mMayor shall no longer make his/her primary residence within the City, remove from the city, histhe office shall thereby become vacant. (Prior code § 2-17) 2.08.030 Vacancy -Filling. Whenever a vacancy shall occur in the office of mMayor, the eCity eCouncil shall elect a mMayor, who shall possess all the rights and powers of mMayor until the next municipal election, and until his/her successor is elected and qualified. (Prior code § 2-18) 2.04. 140 D, wer—to—seetwe-assist ne Len v"rcement, The mayor shall have power, when necessary, to call every male inhabitant of the city over the age of twenty one years to aid in enforcing the laws or ordinances of the city in suppressing riots and other disorderly conduct or in carrying into effect any law or ordinance of the city. (Prior code § 2 26) Page 38 of 265 Chapter 2.10 CITY MANAGER 2.10.010 Office created. As authorized by U.C.A. § 10-3b-303 Tthere is created the office of eCity mManager of Moab, Utah. (Ord. 93-9 § 1, 1993) 2.10.020 Appointment. Pursuant to the authority outlined in Section 10 3 924 of the Utah Code Annotated, 1953, Appointment of Manager. The appointment of a person to be known as eCity mManager shall be by the governing body City Council. Once approved by the eCity eCouncil, the mMayor shall sign the contract entered into with the eCity Mmanager on behalf of the eCity. (Ord. 93-9 § 2, 1993) 2.10.030 Term. Pursuant to the authority outlined in Section 10 3 925 of the Utah Code Annotated, 1953, Term of Office. The City mManager shall serve at the pleasure of the governing bodyCity Council, except that the Council shall the governing body may employ the mManager for a term not to exceed three (3) years. The term of employment may be renewed at any time. Any person serving as City Mmanager of the municipality under this section may be removed with or without cause by a majority vote of the governing bodyCity Council. (Ord. 93-9 § 3, 1993) 2.10.040 Powers and duties. Pursuant to the authority outlined in Sections 10 3 926, 10 3 927 of the Utah Code Annotated, 1953, tThe powers, duties, and obligations of the eCity mManager are as follows: A. The administrative powers, authority, and duties are vested in the eCity mManager. B. The eCity mManager shall be the chief administrative officer of the city and shall be responsible to the City Council g,,..o,... ing b a., for the administration of all city affairs placed in his or her charge. All eCity employees, contractors, or appointees (excluding persons appointed to City boards or commissions) including the police chief and other department heads/statutory appointments) shall be under the supervision and direction of the eCity mManager. C. Subject to the terms of applicable contracts or personnel policies, Tthe eCity mManager shall hire and, when he/she deems it necessary, suspend or remove all eCity employees and ;contractors. except the following department heads shall be appointed or removed by the mayor with the advice and consent of the city council: recorder, treasurer, director of public works, police chief and city attorney. He The City Manager has discretion to delegate personnel authority to any may authorize any subordinate employee or department head with respect to employees under that person's direct supervision. administrative officer who is subject to this direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. D. The eCity mManager shall direct and supervise the administration of all departments, offices and agencies of the eCity, except as otherwise provided by law. E. Except for the purpose of inquiry, the City eCouncil and its members shall deal with the administrative service solely through the eCity mManager and neither the eCouncil, nor any member thereof, or the Mmayor shall give orders to any subordinates of the eCity mManager, either publicly or privately. Page 39 of 265 F. The eCity mManager shall attend meetings of the eCity eCouncil with the right to take part in the discussion but not to vote_; The City Manager may recommend to the eCity eCouncil for adoption efsuch measures as she/hale-may deemed necessary or cxpedicnt.prudent. G. The eCity manager is designated as the budget officer for the eCity and shall perform or cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal Procedures Act. -As budget officer, the City Manager Ite-shall prepare and submit the annual budget to the City CCouncil, along with fild any proposed amendments to the budget. H. The eCity mManager shall promptly notify the mMayor and eCity eCouncil of any emergency existing in any City department or bod . I. The eCity mManager shall perform such other duties as may be required of him by law, or the Moab Municipal Code or by the eCity eCouncil through ordinance, or -resolution, or informal direction. J. In the manager's temporary absence, the e&y-fRecorder shall exercise the powers and perform the duties of the City Mmanager. K. The eCity mManager shall carry out the policies and programs established by the eCouncil. L. The eCity manager may examine and inspect the books, records, and official papers of any office, department, agency, board, or commissions of the city and make investigations and require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993) The City operates under the form of government as identified under U.C.A. § 10 3b 301. The cCity eCouncil shall_ pass all resolutions, and ordinances,i appropriate funds and adopt the annual budget and any amendmentsL, set all mill levies or other taxes„ review municipal administration as set out herein,;.and perform all other duties that may be required of it by law. From within the membership of the City Council the Council shall designate a person to serve as the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities of the Mayor when the Mayor is absent or unable to perform same. Any executive or administrative power held previously by the cCity eCouncil is now delegated to the cCity mManager, pursuant to the applicable provisions of state law. (Ord. 93-9 § 5, 1993) Pursuant to the authority outlined in Sections 10 3 809 (10) and 10 3 927 of the Utah Code Annotated, 1953, Legislative powers and official position of the mayor not delegated. TThe mMayor shall be is the chief ceremonial officer of the cCity and the presiding officer at all meetings of the City Council. The Mayor is a non voting member of the Council, but ma e where there is a tie vote of the other Council members, or as otherwise provided by law. The Mayor, as a member of the Council, may participate in all actions of the Council in setting policy for the City. He shall serve as chairman of the governing body. He The Mayor shall retain any legislative andor q ' judicial powers vested by law. He The Mayor shall appoint, with the advice and consent of the eCouncil, department heads (statutory appointments) and persons to fill any vacancies on commissions, boards, or committees of the municipalityCity. Any other executive or administrative power held previously by the mMayor under prior law is now delegated to the cCity mManager_ pursuant to the applicable provisions of state law. (Ord. 93 9 § 6, 1993) Page 40 of 265 2.10.070 Salary. The salary of the eCity mManager shall be set from time to time by resolution of the eCity eCouncil. (Ord. 93-9 § 7, 1993) Page 41 of 265 Chapter 2.12 DUTIES OF CITY RECORDER 2.12.010 Oath required. The eCity rRecorder, before assuming the duties of his the office, shall take and subscribe the constitutional oath_, and shall furnish to the city a bond in such sum not less than five hundred dollars, as may be fixed by resolution or ordinance, which bond shall be fixed during the month of October preceding each election of city officers. (Prior code § 2 27) 2.12.020 Duties. Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and consent of the City Council. The eit3y-FRecorder shall do and per —form all sueh-duties as may by law devolve upon him/her as recorder of a city of the fifths class under the laws of the sState_ of Utah. The Recorder He shall keep records a book properly indexed of all in which he shall enter all City contracts, and the records which book shall be open to inspection byef all interested persons. Unlesstil otherwise provided by ordinance, the Recorder shall be ex-officio city collector. HThe Recorder shall perform such other and further duties as the eCity eCouncil may by ordinance provide. Within the office of the Recorder a properly qualified employee may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is authorized to perform, and shall perform, all duties of the Recorder during such times when the Recorder is unavailable or unable to perform same. Any official act of the Deputy Recorder taken in the absence of the Recorder shall be valid and binding to the same extent as if done by the Recorder. TThe eity-fRecorder, in addition to the powers and duties imposed upon him by law and ordinance, shall perform the following duties: A. He/she shall issue notices to the members of the eCity eCouncil, when directed se -to do so by that body, and to members of the different committees and to all persons whose attendance is required before any committee, when directed or requested so to do by the chairman of such committee. The Recorder He -shall also issue notices of special meetings of the eCity eCouncil. B. He/she shall attest all licenses granted under this code or any other ordinance of the eCity, and le -shall keep a record of the issuance thereof. C. He/she shall, without delay, deliver to the officers of the eCity, and all committees of the eCity eCouncil, all resolutions and communications referred to such officers or committees by that body. D. He/she shall, without delay, deliver to the mMayor all ordinances or resolutions in his charge, which may be required to be approved or otherwise acted upon by the mMayor, together with all papers on which the same are founded. E. He/she shall sign and attest all ordinances passed by the eCity eCouncil that are signed by the mMayor or other officer. F. He/she shall certify to the publication of all ordinances, er-resolutions, or other official documents in the record books thereof. G. He/she shall attest all papers signed by the mMayor officially, and keep and affix the corporate seal. H. He/she shall keep correct records and minutes of all proceedings of the eCity eCouncil, recording the same to the extent otherwise provided by law., in order of date, in a book kept for that purpose. Page 42 of 265 I. He/she shall countersign all contracts made iron behalf of the eCity, and every contract made ion behalf of the eCity, or to which the eCity is a party, shall be void unless signed by the rRecorder. HeThe Recorder shall endorse a certificate upon every bond, warrant or other evidence of debt issued pursuant to law, by the Cityhim, stating -that the same is within the lawful debt limit of the eCity, and is issued according to law. He shall sign such certificate in his official character. J. He/she- shall pay into the eCity treasury all money belonging to the eCity coming into the Recorder's office.his hands by virtue of his office. K. He/she shall deliver to hiAhe -successor in office the corporate seal, together with all books, papers, records and other property in his possession belonging toof the eCity. L. He/she shall have the power to administer oaths on all claims presented against the city and in all matters in any way connected with the eCity government. M. He shall report to the city council all acceptances of ordinances and bonds connected MN. He/she shall attend to all official correspondence and report the same to the eCity eCouncil as needed. (Prior code § 2-30) 2.12.030 Records of ordinances to be kept. A. The eity-fRecorder shall keep records of all ordinances in a book kept for that purpose, together with affidavits of publication by the publisher_, or his agent, or, if posted, with certificates of the due posting thereof; all ordinances b Before taking effect, all ordinances shall be deposited in the office of the eity-fRecorder. B. The originals of all ordinances passed by the Ceity Ceouncil shall be filed in the rRecorder's office. (Prior code § 2-31) 2.12.040 Papers, records, transcripts -Copies. Upon request and upon the payment of such fees set by the eCity eCouncil the eify-fRecorder shall make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's his office and transcripts of all records of which the Recorder is the lawful custodian. (Prior code § 2-32) Page 43 of 265 Chapter 2.16 CITY TREASURER 2.16.010 Oath required. The eit-ftTreasurer, before entering upon the duties of his office, shall take and subscribe the constitutional oath of office_, and shall furnish to the city a bond in such sum as shall be fixed by resolution or ordinance of the city council. (Prior code § 2-33) 2.16.020 Appointment of deputies and assistants. Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and consent of the City Council. The eit-ytTreasurer shall have power to appoint from within the office of the Treasurer a properly qualified employee, during the time for which he is elected, subject to the confirmation of the city council, such deputies and assistants as the council may determine to be necessary, _who shall be designated the Deputy Treasurer. The Deputy Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during such times when the Treasurer is unavailable or unable to perform same. Any official act of the Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same extent as if done by the Treasurer. be assigned to such duties and for such periods, and shall perform such services as may be deemed necessary. (Prior code § 2-34) 2.16.030 Powers and duties generally. The ei--tTreasurer shall receive all money belonging to the eCity, including all taxes, license_ fees, utility billings, s and fines, and other funds owed to or held by the City, and shall keep an accurate and detailed account thereof, in such manner as may be provided by law, or ordinance, and shall collect all special taxes and assessments as provided by law, and ordinance. He The Treasurer shall reconcile all accounts make a settlement with the eit-y-fRecorder, as the eCity eCouncil may direct at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of the indebtedness of the eCity which may have been redeemed_ by him during the month, taking the receipts of the eity-fRecorder therefor, and all such warrants, orders or other evidence of indebtedness shall be cancelled by the Treasurerhim and have written or stamped thereon the date of their payment or redemption. (Prior code § 2-35) 2.16.040 Collection of special taxes. The eit-ftTreasurer is ex-officio collector of special taxes. (Prior code § 2-36) 2.16.050 Receipts to be given. The eitt4Treasurer shall give every person paying money to the city treasurer City a receipt therefor, specifying the date of payment and upon what account paid; and he/she shall also file the duplicate of such receipt with the city rRecorder at the date of histhe monthly report. (Prior code § 2-37) 2.16.060 Payments. The eitt4Treasurer shall not pay any funds owned or held by the City to any person unless the expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing Agent, or the City Manager as otherwise provided by law. no money out save upon lawful Page 44 of 265 > > in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due. All warrants the back of each warrant presented to him the date of such presentation and, when payment is made, the date of such payment; provided, that any warrant shall be paid by the city treasurer in case a sufficient amount of money shall remain in the treasury to pay all warrants issued previous to such warrant. (Prior code § 2-38) 2.16.070 Investment decisions at authorized banking institutions. A. The at city tTreasurer is authorized to take any and all such actions in the name of and on behalf of the eCity in order to utilize investment opportunities available at banking institutions approved by the Utah Money Management Act. Such actions shall include but not be limited to setting up sweep accounts, zero balance accounts, automatic transfer of funds accounts and similar deposit and investment arrangements, entering into transactions similar to the foregoing, and performing such actions as may be required in connection with any of the foregoing. From time to time the Treasurer shall present to the City Council for approval all necessary resolutions for designation of depository institutions and authorized signatories. B. That aAgreements, instrumentsz or documents properly executed and delivered to any banking institution approved by the Utah Money Management Act by the city tTreasurer shall be binding and enforceable obligations of Moabthe City, enforceable in accordance with their respective terms. (Res. 05-99, 1999) Page 45 of 265 Chapter 2.20 CITY COLLECTOR Chapter 2.20 is hereby repealed. The city collector shall furnish and file with the city recorder and the city treasurer a monthly statement of all money received by him and from whom and on what account it shall have been received. It shall be the duty of the city collector, under and subject to the direction and supervision of the city recorder, to keep books and accounts which shall show all receipts and money received by him, and other matters pertaining to his office; such books and accounts shall Fees for inspection, fees for permits, compensation for franchises and all other payments of money shall be paid directly to the city collector, and such payments shall be transmitted promptly by the city collector to the city treasurer; provided, that where the public convenience requires it, the city council may authorize the payment of license fees and fees for permits to be made to the officer authorized to issue such license or permit, and that collections for water rates shall be paid directl Page 46 of 265 Chapter 2.24 CITY ATTORNEY 2.24.010 Establishment -Appointment -Term. There is established the office of eCity aAttorney. The person(s) providing legal services to the City as City Attorney sliallmay be independent contractors designated by the City Manager or may be a full time city employee., and Aany applicable contracts for legal services are subject to approval by the City Council. He shall be appointed by the mayor by and with advice and consent of the city council. He shall hold office during the term of the appointing power, or until his resignation or removal for cause. Persons providing legal services to the City shall do so without a specified term, and services may be terminated as otherwise provided by contract.(Prior code § 2-43) 2.24.020 Oath required. The eCity aAttorney, before assuming the duties of his office, shall take and subscribe the constitutional oath of office_ and shall furnish to the city a bond in the sum of five hundred dollars. (Prior code § 2-44) 2.24.030 .Delegation of Tasks. The city attorney may appoint a deputy or an assistant who shall be confirmed by the city council, to act in his absence, in case of disability or inability, for whose acts he shall be responsibleWhere appropriate, the City Attorney may delegate certain tasks to an associate or assistant attorney, provided that the City Attorney shall retain responsibility for all such tasks. (Prior code § 2-45) 2.24.040 Employment of special counsel. The eCity aAttorney shall have the power to employ, by and with the consent of the eit4fr councilCity Manager, special counsel on matters pertaining to the legal affairs of the eCity, if the same is deemed necessary and advisable. Such special counsel shall be compensated by the eCity as provided by contract. (Prior code § 2-46) 2.24.050 Succession -Delivery of records. Upon the termination of legal services or upon request by the City, expiration of his term of office, or his resignation or removal therefrom, the Ceity aAttorney shall promptly forthwith on demand deliver to any his successor or such person(s) designated by the City copies of in office all books and papers pertaining to pending or concluded City legal matters. in his possession belonging to the city or delivered to him by any of its officers and all papers and information in his possession in actions prosecuted or defended by him then pending and undetermined, together with his register thereof and of the proceedings therein. (Prior code § 2-47) 2.24.060 Powers and duties. The eCity aAttorney shall be responsible for prosecutinge he -gin -and conducting all cases for violations of this eCode or any other ordinances of the eCity. The City Attorney I4e-shall appear on behalf of the eCity in all suits at law or in equity in which the Ceity, City employees or officials4s are a party, and shall prosecute or defend them, as the case may be, in any courts until they are finally disposed ofconcluded. It shall be his the duty of the City Attorney to advise all Page 47 of 265 eCity employees, the City Manager, the Mayor, and City Council officers with respect to in - relation to their official duties; to prepare the draft of all such ordinances as the Ceity eCouncil or City Manager from time to time shall instructs him to do and to perform such other duties as this eCode and any other ordinances of the city and the general laws require, or as the eCity eCouncil may specially direct. In addition to the powers and duties imposed upon him by law and or ordinance, the eCity aAttorney shall have the following powers and duties: A. He/she shall advise the eCity eCouncil and its committees on such legal questions as may arise in relation to the business of the eCity, and attend the meetings of the eCity eCouncil when required. He/she -shall report periodically on monthly any mmatter in his hands as necessary for the approval of the Ceity eCouncil or as necessary for its informationoversight. B. Whenever a criminal action for the violation of this eCode or any other ordinance of the eCity is appealed to brought in any the district court, it shall be the duty of the eCity aAttorney to appear and prosecute such action_ in the district court. C. When requested,uired so to do, he the City Attorney shall furnish written opinions or memoranda upon subjects submitted to him/her by the Mmayor, the eCity eCouncil, the City Manager, or the head of any department. D. He/she shall draw draft any deeds, leases, contracts or other papers and forms required by the business of the eCity, when requested so to do by the mMayor, the eCity eCouncil, the City Manager, or the head of any department. E. He/she shall keep accurate records of all actions in which the City Attorney appears as counsel. in proper books to be provided for that purpose a register of all action in court prosecuted or defended by his office, to which the city may be a party, and shall keep an accurate record of all proceedings had therein. Such books shall at all times be open to the inspection of the mMayor, the or any member or committee of the cCity eCouncil, and/or the City Manager. (Prior code § 2-48) 2.24.070 Reporting The city attorney shall upon request of the city council annually on or before the first day of December in each year report in writing to the city council the transactions of his office during the preceding year, together with a statement of all actions pending in court prosecuted or defended by his office to which the city is a party; and such report shall contain the names of all defendants and complainants, the nature of the action, the date of the commencement thereof and the status of each suit and shall be accompanied with such information as he may see fit to append. He shall also attach to such report a list of all cases that have been disposed of during his term of office which were not reported as disposed of in his last previous report, stating the manner of the disposition of each of such cases, and shall prepare and submit to the city council on or before the thirty first day of December in each year an estimate of the whole cost and expense of providing for and maintaining his office during the current fiscal year; which estimate shall be in detail and shall be laid by the city attorney before the city council with his annual estimate. Periodically, or as requested by the Mayor or the City Council, the City Attorney shall provide oral reports or written memoranda detailing the status of pending legal matters or tasks which have been assigned. Day to day reporting on pending legal matters shall be provided to the City Manager. (Prior code § 2-49) Page 48 of 265 1 Chapter 2.32 UTILITIES SUPERINTENDENT Chapter 2.32 is hereby repealed. 2.32.010 Office established. There is established the office of utilities superintendent. (Prior code § 2 57) 2.32.020 Functions. The utilities superintendent shall have superintendency over and general care of the sewerage disposal plant and outfall line; all city streets, sidewalks and alleys; storm sewers and drains; bridges and culverts; and parks and other public improvements and buildings pertaining to the city. (Prior code § 2 58) 2.32.030 Powers and duties. The utilities superintendent shall have the following powers and duties: A. To superintend construction and repair of and be responsible for all streets, alleys, storm improvements; B. To receive and investigate all complaints as to the condition of the above and make satisfactory disposition thereof, and have charge of the enforcement of all laws and ordinances pertaining thereto; C. To perform such other services as are from time to time required of him by order of the city council, by ordinance or resolution or by general laws of the state; D. To work under the general and routine direction of the mayor or duly appointed administrative officer. (Prior code § 2 59) Page 49 of 265 Chapter 2.36 SUPERINTENDENT OF STREETS Chapter 2.36 is hereby repealed. There is established the office of superintendent of streets. He shall be appointed by the mayor by and with the advice and consent of the city council. (Prior code § 21 1) Page 50 of 265 Chapter 2.40 OFFICERS GENERALLY Chapter 2.40 is hereby repealed. A. All officers of the city, whether elected or appointed, before they enter upon the duties of their respective offices, shall take and subscribe the constitutional oath of office; and every such officer, before entering upon the duties of his office, shall execute a bond with good and sums as are specifically fixed and provided in this code or any other resolution or ordinance of the city council, conditioned for the faithful performance of the duties of his office and the payment of all money received by such officer according to law, this code and any other ordinances of the city. B. The premium charged by the corporate surety for any bond required as above shall be a legal charge against the funds of the city. C. All bonds given by the officers of the city shall be filed with the city recorder, except the bond of the city recorder, which shall be filed with the city treasurer. (Prior code § 2 2) If any vacancy shall occur in any appointive office provided by law or ordinance the mayor, by 2.40.030 Neglect of duty. Any member of the city council or any other officer of the city who refuses or neglects to perform any duty imposed upon him, without just cause therefor, or who wilfully violates any the city, wilfully, fraudulently or corruptly attempts to perform any act unauthorized by law or by ordinance, shall forfeit to the city fifty dollars for every such act, to be recovered on his official bond, and shall be further liable to removal from office. (Prior code § 2 6) Page 51 of 265 Chapter 2.52 PLANNING COMMISSION 2.52.010 Establishment --Composition. The Pplanning Ceommission shall consist of seven (7) regular members, and two alternates. Alternates shall be invited to participate and vote whenever a regular member is unable to attend or to vote. (Ord. 06-01 (part), 2006: prior code § 2-60) 2.52.020 Appointment of members--Qualifications--Compensation. The members of the planning commissionPlanning Commission shall be appointed by the mayor with the consent of the city council from among the qualified electors of the city. Such members shall be selected without respect to political affiliations, and may serve with compensation to be determined by the city councilCity Council. (Ord. 06-01 (part), 2006: prior code § 2-61) 2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies. The terms of office of each member of the planning commission shall be for three (3) fig years. Planning Ceommission members must attend a minimum of seventy-five percent of all planning commissionPlanning Commission meetings held during the course of a calendar year in order to remain a member of the planning commissionPlanning Commission. This annual determination of attendance shall be conducted by planning department staff and forwarded to the chairperson of the planning commissionPlanning Commission, the Ceity Mmanager and Mmayor and city councilCity Council. Vacancies and/or removals occurring otherwise than through the expiration of terms shall be filled by appointment by the Mmayor with the consent of city councilCity Council. Members may be removed, with or without cause, after public hearing by a majority vote of city councilCity Council. (Ord. 95-18, 1995: prior code § 2-62) The planning commission may appoint employees and may contract with city planners, and other appropriated for such purpose by the city council. (Prior code § 2 63) 2.52.050 Organization --Meetings. Ther-planning Ceommission shall elect from its membership a chair and vice chairman -and shall conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning Commission meetings. adopt rules for its own organization and for the transaction of business and The City Recorder shall keep a public record of its -Planning Commission proceedings. (Prior code § 2-64) 2.52.060 Powers and duties. The planning commissionPlanning Commission shall have the following powers and duties: A. After holding public hearings, the Planning Commission may recommend to the City Council a General Plan for the physical development of the City. The General Plan shall show the Planning Commission recommendations and may include, among other things, the general location, character and extent of streets, parks, parkways, and other public places; the general location and extent of public utilities; recommendations for future zoning designations and land uses; recommendations for future land use policy initiatives and long term goals; plans for the 19 Page 52 of 265 development of additional housing; a future land use plan; and other elements as may be required by law. Utah State Code. The Planning Commission may from time to time review the General Plan and forward recommendations to the City Council for amendments or revisions. After holding public hearings, to make, adopt and certify to the city council a master plan for the physical development of the city. The master plan shall show the planning commission's extent of streets, parks, parkways, playgrounds, airports and other public places; the general acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general location, character, layout and extent of community centers and neighborhood units; and the general character, extent and layout of the replanning of blighted areas. The planning commission may from time to time extend, amend or add to the master plan or carry any part or subject matter into greater detail; B. From time to time the Planning Commission may review the land -use ordinances of the City and consider amendments to same. It may recommend amendments or new ordinances to the City Council, either on its own initiative or upon referral by the City Council or staff. To make, adopt and certify to the city council a zoning plan, including both the full text of the zoning ordinance and maps, and representing the recommendations of the planning commission for zoning the city. The planning commission shall have the powers contemplated to be exercised C. The Planning Commission shall act as an advisory body, reviewing and making recommendations to the City Council with respect to those land -use applications or proceedings as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land use authority on those matters specified by ordinance. D. In its discretion, the Planning Commission may recommend that staff undertake studies or may recommend to the Mayor and City council programs or policies for the improvement of land development within the City. E. The Planning Commission may exercise those additional powers as are reasonable or necessary to carry out and perform the enumerated powers and duties specified above. C. In the preparation of the master plan, including a zoning plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose-of-guiding-and-aeoomplishing-a crated, adjusted and harmonious development of safety and general welfare, as well as efficiency and economy in the process of development; D. The planning commission may make reports and recommendations relating to the plan and educational, professional and other organizations and citizens. It may recommend to the mayor and city council programs for public improvements and the financing thereof. In general, the functions and promote city planning and zoning. (Prior code § 2 65) 20 Page 53 of 265 Chapter 2.56 POLICE DEPARTMENT 2.56.010 Establishment -Composition. There is established a regularly constituted police force to be known as the eCity pPolice dDepartment which shall consist of a eChief of pPolice and such other police officers as shall be employed by the City from time to time.chief of police with the consent and approval of the city council. (Prior code § 20-1) 2.56.020 Powers and duties of polices officers. The eChief of pPolice and all police officers of the city shall have the following powers and duties: A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state, this Ceode, or any other ordinances of the city; B. To execute and serve all warrants, processes, commitments and all writs whatsoever, issued by any court;by the city judge; C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads and highways, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as shall be required by the license collector and perform all duties enjoined upon them by law and ordinance. (Prior code § 20-2) D. To arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within the view of the officer, any breach of the peace, or any offense directly prohibited by the laws of the State of Utah or this Code. 2.56.030 Chief -Appointment. The City Manager shall appoint _he Cehief of Ppolice, subject to the advice and consent of the city council. (Prior code § 20-3) 2.56.035 Appointment of deputies and assistants. The Police Chief shall have power to appoint a properly qualified employee who shall be designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform, all duties of the Chief during such times when the Chief is unavailable or unable to perform same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and binding to the same extent as if done by the Chief. 2.56.040 Chief -Oath required. The eChief of pPolice and ex officio jailer shall before assuming the duties of office take and subscribe the constitutional oath of office_ and furnish a bond to the city in such sum, not less than five hundred dollars, as may be fixed by resolution or ordinance during the month of October preceding each election of city officers. (Prior code § 20-4) The chief of police shall rece' file and preserve all commitments by which persons are committed, and keep a record of each, 21 Page 54 of 265 showing the date of arrest, offense, charged term of commitment, date of release and the name, age and place of birth and description of the person committed, in a book kept for that purpose. (Prior code § 20 5) 22 Page 55 of 265 Chapter 2.61 STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS Chapter 2.61 is hereby repealed. 2.61.010 Purpose and scope. The purpose of this chapter is to establish procedures for the termination of severance pay and health benefits where a statutory appointee, as defined by Section 2.10.040(C) with the exception of the city attorney, is terminated for cause by action of the mayor and the city council. It is the express intent that all statutory appointees shall remain as "at will" employees serving at the pleasure of the mayor and the city council, and the procedures provided under this chapter shall apply only to the question of denial of severance benefits. Nothing in this chapter shall be construed to repeal or modify the appointee's at will status. (Ord. 98 06 (part), 1998) 2.61.020 Termination for cause. A. Notwithstanding the appointee's at will status, the mayor and the city council may elect to terminate any statutory appointee for cause, which cause may include, but shall not be limited to, any conduct prohibited by Section 8.1 of the Moab city personnel policies and procedures manual, or any other serious misconduct, malfeasance, unlawful conduct in office, or misuse of office warranting dismissal. B. The effect of dismissal for cause shall be the loss of severance pay and health benefits mandated for statutory appointees by resolution. The loss of benefits shall not be regarded as a fine, penalty, or punishment. (Ord. 98 06 (part), 1998) 2.61.030 Dismissal procedure A. Prior to dismissal for cause, the mayor shall deliver to the statutory appointee written notice of the alleged misconduct and the appointee shall be entitled an informal hearing and an opportunity to present evidence in response to the charges. B. Should the hearing result in dismissal the appointee shall be entitled to appeal to the full city council. Written notice of the appointee's intent to appeal shall be delivered to the city manager no more than seven working days from the notice of termination. Failure to deliver a notice of intent to appeal within the time provided shall result in the waiver of all appeal rights. C. The council shall hear any evidence and arguments with regard to the appointee's appeal, which shall be conducted on the record. The proceedings may be conducted informally and shall not be subject to the rules of evidence. The council shall render a decision based upon the evidence provided at the hearing, upon a majority vote, whether the termination for cause is sustained or reversed. The mayor shall not vote or participate in the appeal hearing, except as a witness to provide testimony or information as to the basis of the termination for cause. D. In the event the basis for termination is reversed, the appointee shall be entitled to all severance pay and health benefits provided by council resolution, but shall not be entitled to reinstatement to his/her position. If the basis for termination is sustained, the appointee shall be entitled to seek judicial review on the benefits issue, provided the action is timely commenced within thirty days of the governing body's decision. E. Exhaustion of all administrative remedies shall be a jurisdictional prerequisite to seeking judicial review. Review shall be limited to the record below and the court shall not reverse the 23 Page 56 of 265 evidence. F. All hearings shall be conducted in closed session, unless the appointee consents to a public hearing. (Ord. 98 06 (part), 1998) 24 Page 57 of 265 Chapter 2.64 RECORDS ACCESS AND MANAGEMENT PROGRAM Section 2.64.060 is amended as follows: 2.64.060 Fees. A. The city may charge a reasonable fee to cover the city's actual cost of duplicating a record or compiling a record in a form other than that maintained by the city. The fees may be set by resolution. The initial fee, until changed by resolution, is as set forth in "Exhibit A" attached to the ordinance codified in this chapter and found on file in the office of the city clerk. A. The City may charge reasonable fees to cover the City's actual cost of compiling a record or duplicating a record. The fees shall be established by resolution of the City Council. The initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance codified in this Chapter and found on file in the office of the City Recorder. B. A city may fulfill a record request without charge when it determines that: 1. Releasing the record primarily benefits the public rather than a person; 2. The individual requesting the record is the subject of the record; or 3. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious. B. When the City compiles a record in a form other than that normally maintained by the City, the actual costs under this section may include the following: 1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing, summarizing, copying, scanning, printing, or tailoring the record into certain formats or media to meet the person's request; 2. the cost of staff time to search for, locate, and retrieve the record, and other direct administrative costs for complying with a request; 3. in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections B.1. and B.2.; and 4. fees for paper photocopies of records or digital copies of records, fees for packaging supplies, and postage fees for mailing records. C. A city may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure; or 2. Inspecting a record. (Ord. 93 18 § 6, 1993) C. An hourly charge under Subsection B. may not exceed the fully loaded cost of employment of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. D. The City may fulfill a record request without charge when it determines that: 1. Releasing the record primarily benefits the public rather than a person; 2. The individual requesting the record is the subject of the record; 3. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious; or 4. The individual has requested in writing a waiver of the fees due to indigency, and the requester has been granted such waiver by the City Recorder. 25 Page 58 of 265 E. The City may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection B.; or 2. Inspecting a record: or 3.Classification of a record. F. A person who believes that there has been an unreasonable denial of a fee waiver under Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver. G. The adjudicative body hearing the appeal: 1. shall review the fee waiver de novo, but shall review and consider the city's denial of the fee waiver and any determination under Subsection D.; and 2. has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied. H. All fees received under this section by the city shall be retained by the city as a dedicated credit. Those funds shall be spent on the actual costs and expenses incurred by the city in providing the requested records. I. The City may require payment of past fees and future estimated fees before beginning to process a request if: 1. fees are expected to exceed $50; or 2. the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester. J. This section does not alter, repeal, or reduce fees established by other sections of this municipal code. Exhibit "A" to section 2.64.060 shall be amended to read as follows: 1. Record research fee 1. Record location, retrieval, research and compilation fee Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read: "Photocopying fee for " shall all be amended to read: "Fee for photocopies for ff 26 Page 59 of 265 Chapter 2.68 MOAB YOUTH CENTER BOARD Chapter 2.68 is hereby repealed. A. The city hereby creates the Moab Youth Center Board. The board shall consist of eleven members. The membership shall consist of one representative in perpetuity from each of the following: 1. Social services; 2. Mental health; 3. Grand County Middle School; 'I. Grand County High School; 5. Moab City police department; 6. The Moab office of the juvenile court; 7. Grand County Commission; 8. Moab recreation board. The above eight members shall be formally appointed by the city and any substitutions or changes shall be ratified by the city. B. The remaining three members shall be appointed at large by the city, two of whom shall serve two year terms and one of whom shall serve a four year term. Any vacancies on the board shall be appointed by the city according to the guidelines above stated. (Res. 08 88, 1988) 27 Page 60 of 265 Chapter 2.72 HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD Chapter 2.72 is hereby repealed. A. The city hereby creates the Hollywood Stuntmen's Hall of Fame Board to oversee, manage and advise the Hollywood Stuntmen's Hall of Fame on behalf of the city. B. The board shall consist of nine members to be appointed by the city, four of whom shall be vacancies in the initial board, replacement appointments shall be made by the city. (Res. 09 88, 4-48-83 28 Page 61 of 265 Chapter 2.84 MOAB ARTS AND RECREATION CENTER ADVISORY BOARD Chapter 2.84 is hereby repealed. A. The Moab Arts and Recreation Center advisory board shall consist of seven members. B. The membership of the board shall be drawn from a constituency of the community. (Ord. 98 18, 1998: Res. 16 96 (part), 1996) A. All members of the board will be ^ „teE 1,.. 1w ,r „a c nf;,.ale by *'leeit- ^ c41 B. The Moab Arts and Recreation Center steering committee will review applications and make recommendations to the mayor for the first Moab Arts and Recreation Center advisory board. The Moab Arts and Recreation Center board will make recommendations regarding the filling of vacancies on the board. (Res. 16 96 (part), 1996) 2- 847030Tenus-of-ef=iee: For the first board appointments, five members shall be appointed for two year terms, and four members for one year terms. All subsequent appointments shall be for two year terms. (Ord. 97 29, 1997: Res. 16 96 (part), 1996) A. The Moab Arts and Recreation Center advisory board, in an advisory capacity only, shall: 1. Adopt bylaws, a mission statement, and goals and objectives for the Moab Arts and Recreation Center advisory board; 2. Adopt policies, procedures and guidelines for programming, public relations and marketing, rental space and scheduling for the Moab Arts and Recreation Center; 3. Adopt guidelines for the selection and retention of permanent tenants for the building; �I. Make recommendations to city staff and the Moab City governing body regarding the annual Moab Afts and Recre , appointments to the board, and permanent occupancy of the building; 5. Perform strategic planning and annual program evaluations for the Moab Arts and Recreation Center. (Res. 16 96 (part), 1996) 29 Page 62 of 265 Chapter 2.88 MOAB HILLSIDE REVIEW ADVISORY BOARD Chapter 2.88 is hereby repealed. A. The Moab hillside review advisory board shall consist of five members. membership shall be as follows: geologist, engineer, realtor/developer, a citizen representing the citizens at large, and a representative from the city staff. C. If it is not possible to fill the geologist and/or other fields of expertise, these positions shall be assumed by citizens at large. (Res. 2 97, 1997) A. All members of the board will be appointed by the mayor and confirmed by the city council. B. The Moab hillside review advisory board shall select a chairman and determine a meeting schedule. The Moab hillside review board will make recommendations regarding the filling of vacancies on the board. (Res. 2 97, 1997) ''.4�Terms-tee For the first board appointments, three members shall be appointed for two year terms and two members for one year terms. All subsequent appointments shall be for two year terms. Vacancies shall be filled by appointment for the unexpired portion of the term. (Res. 2 97, 1997) The Moab hillside review advisory board, in an advisory capacity only, shall: A. Review proposed major developments as defined in the Moab City hillside ordinance, Chapter 17.55, Moab City Code, on slopes exceeding fifteen percent within Moab city jurisdiction and make recommendations for approval, conditional approval, or denial to the planning commission and city council. B. Provide advice and support as needed to the city staff, planning commission and city council in connection with reviewing requests for zoning changes or other development applications to which the hillside development ordinance applies. (Res. 2 97, 1997) A quorum of the hillside review advisory board shall be three members; a majority vote of a quorum shall be required for a decision of any matter before the board, but the minimum number of yes votes required for a decision shall never be less than three. If a quorum is not present, no meeting shall be held, and items of business shall be continued to the next meeting of the board. (Res. 2 97, 1997) 30 Page 63 of 265 1 The foregoing ordinance was passed and adopted upon the majority vote of the City Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of , 2018. This ordinance shall take effect immediately following passage. By: Mayor Emily S. Niehaus Date Attest: By: Rachel Stenta, Recorder Date 31 Page 64 of 265 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING FEBRUARY 27, 2018 Regular Meeting & Attendance: 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. Pre -Council Workshop: Mayor Emily Niehaus called the Workshop to order at 6:00 PM. In attendance were Councilmembers Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Councilmember Rani Derasary was not in attendance. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer Chuck Williams, Public Works Director Pat Dean, Senior Projects Manager Amy Weiser, City Treasurer Jennie Ross, Police Chief Jim Winder, Sustainability Director Rosemarie Russo, Planning Director Jeff Reinhart, Communications Director Lisa Church, Development Services Manager Sommar Johnson and Records Specialist Eve Tallman. The Workshop began with a Discussion of Planning Priorities and a Departmental Update from City Planner Reinhart. He began with information regarding repeal of conditional use permits. He stated there would be a public hearing on March 8. He mentioned an upcoming proposed change to the definition of Eating Establishments. He stated the Planning Commission would consider Planned Affordable Developments. Reinhart also explained upcoming changes for density -related housing code. He suggested there may be new code proposed that would allow for homes as small as 140 square feet. He next mentioned the concept of boarding houses and the definition of a family, and referenced employer -provided housing, adding that code issues regarding nuclear families may be changed to address maximum occupancy standards. Councilmember Jones asked about shared households and mentioned concerns regarding the number of parked cars and noise and wondered about tackling those issues head-on. Reinhart stated the only mechanism at this time is the family definition. City Manager Everitt noted that a city-wide parking study and parking plan is forthcoming. Next, Reinhart mentioned the administrative work plan and implications for affordable housing. Development standards were discussed, including fences, landscaping and pocket neighborhoods. Specifically, the east and west ends of Center Street were mentioned, and 100 North east of 400 East. Councilmember Duncan asked for background information on code changes. Councilmember Jones asked for use tables for the different zones. Mayor Niehaus stated she was meeting with applicants for Planning Commission. Councilmember Guzman -Newton asked when appointments may happen. The Mayor explained the need for changes to bylaws regarding membership, and those changes would be adopted by Council. The Workshop continued with a presentation by the Utah Division of Water Rights Southeast Regional Engineer Marc Stilson. He offered Information Regarding Water Rights Adjudication in the Moab Spanish Valley. Stilson discussed the history and process for developing a groundwater management plan. He mentioned the United States Geological Survey (USGS) groundwater study which is nearly complete and has been submitted for peer review. The stated that once the review is complete, the final draft will go out for comment to the cooperating agencies, and then the final report will be issued later this year. Stilson stated the adjudication process is the current step and announced a public meeting to be held Page 1 of 8 February 27, 2018 Page 65 of 265 r1-1 Minutes April 18 at the Grand Center at 6:00 PM. He also explained the resources available at waterrights.utah.gov. He played a brief video that explained the process for the public to review water rights and also explained the process for citizens to claim their rights, object to determinations, and the resulting judicial decree. Stilson said there were about 1,000 rights to be adjudicated in the north part of the valley this year. He continued with a discussion of increasing the monitoring of stream flows with strategically -placed gauges. He explained the purpose of gauges, proposed cost -sharing with USGS, and noted the Nature Conservancy, Division of Water Rights and the Division of Fish and Wildlife would be willing to share in the costs. He suggested the City might enter into a Memorandum of Understanding to pay one-third. Councilmember Duncan asked about the offer to share costs by Living Rivers. Councilmember Guzman - Newton asked if one monitoring system was adequate. Stilson explained that monitoring Pack Creek will play a larger role than previously believed. He mentioned Grand and San Juan Counties would be approached for that monitoring gauge. Duncan asked for clarification about the City's water rights. Stilson confirmed that the City's rights are perfected (proven) and the Mayor would only need to sign and return the packet of city rights. City Attorney McAnany asked about expectations for objections. Stilson said he was working with Chuck Williams to certificate Skakel Springs. Councilmember Jones asked if there was a map showing the wells in the north part of the valley, and Stilson showed a map of the rights to be adjudicated this year. Mayor Niehaus asked if this clean-up of abandoned rights would result in more water rights being available. Stilson explained that is not the process for how water rights are allocated. Regular Meeting Called to Order: (1:00 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Forty-eight members of the public and media were present. Approval of Minutes: Councilmember Duncan moved to approve the minutes of the February 13, 2018 meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus reported she had attended the Rural Utah Caucus as well as an orientation for services available from the state. She noted she had met with the executive director of the Utah League of Cities and Towns, and attended a meeting of the Utah Association of Governments and the Tripartite Board, which oversees the Food Bank and other services. She remarked there was a prospect for training for veterans in Moab and concluded with a report that she was working on the restructuring of the Planning Commission with an eye toward appointing three new members. Councilmember Duncan mentioned he had been on vacation in Hawaii and remarked on the water scarcity issues and tourist congestion there. Councilmember Jones reported on meetings of the Utah Department of Transportation (UDOT) recreation hotspot funding meetings which he attended with staff and Councilmember Knuteson-Boyd. He mentioned topics suggested to reduce congestion and improve recreation access could include parking garages downtown and multi -use transportation options. Page 2 of 8 February 27, 2018 Page 66 of 265 1-1 Minutes Councilmember Guzman -Newton noted she had attended a school board meeting and announced the proposed new middle school would remain on its existing site. She also mentioned the Airport Art Call, which will solicit art for the new terminal. Councilmember Knuteson-Boyd also reported on the UDOT hotspot meetings and noted she had also attended a meeting of the Housing Authority. She added that Councilmember Derasary won't be able to travel to Washington DC this year to lobby for continued funding of the tailings cleanup, so that travel opportunity is available to others. Administrative Report: City Manager Everitt mentioned he would like to include other departmental updates at future Council meetings. He showed Council a tracking documents for the Administrative Work Plan. He also mentioned the mechanism for tracking code revisions, in -process financial forecasting efforts, upcoming proposed changes to alcohol policies in Lions Park and Old City Park, and an effort toward consistency regarding speed limits around town. Sustainability Director Russo announced a Water Conservation Workshop to be held Monday, March 12 at 5:15 PM in the City Council chambers. She said the event would be co -sponsored by the Water Conservation and Drought Management Advisory Board and the League of Women Voters. Students of the Month: Mayor Niehaus presented Hiroshi Burriola with the Mayor's Student Citizenship of the Month Award for February, 2018 for Helen M. Knight School. Niehaus next presented Aliester Ekman with the Mayor's Student Citizenship of the Month Award for February, 2018 for the Moab Charter School. Citizens to be Heard: Brendan Cameron stated he represented City Market and expressed concern about the proposed Arches Reservation system. He thanks Kate Cannon, Park Superintendent, for her effort. He said the reservation system would hurt business at City Market. ReBecca Foster spoke in favor of proposed Ordinance 2018-02 regarding noise issues at her Marcus Court address caused by idling trucks on Highway 191. Jeramy Day stated he represented TKO Properties, which would take a cut in business due to the proposed Arches Reservation system. He said that if Park access is limited, the four hotels he represents will market to ATV users. Josh Green stated he represented Moab Cowboy Country Off -Road Adventures. He said 80 percent of his customers come to see Arches. He stated that the proposed reservation system would cause tax dollars to shrink and tourists will take their business to San Juan County. Cricket Green stated she is opposed to the proposed Arches Reservation System. She questioned why the City supports a business -killing initiative and speculated that it could result in a class-action lawsuit. She said the proposed reservation system is costing jobs. Austena Fugit stated she represented five hotels and has great concern with the proposed reservation system, which, she said, would result in the layoff of employees. She added that she markets to foreign travelers who will go elsewhere. Scott Groene spoke about Special Events at Swanny Park. He said the crowding has reduced Moab's Page 3 of 8 February 27, 2018 Page 67 of 265 1-1 Minutes quality of life. He asked Council to do what they could, by taking actions such as controlling the City's parks. He presented a letter signed by forty-five residents of his neighborhood and which requested the City to create a mechanism to consider the cumulative effects of special events on neighborhoods. Randy Day stated that Arches National Park is iconic and he once could visit without crowds but now times have changed. He expressed his opinion that the proposed Arches Reservation System is unacceptable. He stated that our quality of life is diminished, and so be it. Deb Schlecta of It's Sew Moab spoke about how Arches National Park is what originally drew her to Moab. She added she wouldn't have later moved to Moab if there had been a reservation system in place at the time of her original visit. She also mentioned her effort to bring a national quilt show to Moab and opined that quilters would also want to visit Arches National Park. Carrie Ann Marinelli spoke on behalf of the Moab Charter School. She thanked the Mayor for recognizing the Student of the Month and thanked the Council for lowering the speed limit in front of the school. She made an invitation to the Charter School board meetings, which are the third Tuesday of each month at 5:15 PM. Kevin Walker spoke in favor of the proposed Arches Reservation System. He stated residents are users of the Park or are economically impacted by users of the Park. He noted the park is obviously crowded and a reservation system could have the positive impact of evening out the visitation. He stated reservation systems are commonplace in other parks. He added that the main complaints regard crowding, and even if the reservation system reduced overall visitation, it is speculated that usage numbers would be at the 2014 level, which still is quite high. Colin Fryer spoke about the Arches Reservation System and stated the process to deal with crowding in the Park is a fraud. He stated he visited areas of the Park and proposed ideas. He said the process requires an impartial jury and judge. He added the National Park Service made the decision on their own. Jared Anderson spoke on behalf of Emery Telcom and the Moab Chamber of Commerce, of which he is President. He stated that at a recent Chamber luncheon, fifty members voted unanimously against the proposed Arches Reservation System in an informal poll. He stated that Emery Telcom would suffer if the Reservation System were implemented since it relies on broadband sales to hotels. Wendy Young suggested removing Special Events from Swanny Park. She stated she lives on the west side of Park Drive. She also noted the proposed through -road from 500 West will increase traffic and congestion. She added that a group should convene that may consider the impact of special events on the neighborhood. Wayne Hoskisson stated that Arches National Park is too crowded. He said the proposed Reservation System is good and is not a quota system. He mentioned it could spread out the visitors, and tourists would be able to reserve same -day visits. He noted the National Park Service has a mission to ensure the enjoyment of the public and the preservation of the Park. Ashley Korenblatt, owner of Western Spirit Cycling, spoke in favor of the proposed Arches Reservation System. She stated there is a huge cost for doing nothing. She noted there is misunderstanding and that Commercial Use Authorizations for tour buses and shuttles are exempt from the reservation system. She Page 4 of 8 February 27, 2018 Page 68 of 265 1-1 Minutes also noted that up to 25 percent of visitors each day would be permitted access to the Park without reservations on a first -come first -served basis. She stated she is a member of the Chamber of Commerce and would have voted in favor of the reservation system if she had been present at the luncheon. She stated she is really excited about the recreation asset management technology proposed to be implemented. She concluded that the proposed reservation system gives assurance to visitors. Charlotte Mates spoke about the Moab People Mover shuttle service and suggested it may be part of the solution for crowding in Arches National Park. She stated visitors could leave cars at hotels and take the bus to the Park. She also noted that March 17 is St. Patrick's Day and announced a celebration. SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS: Spitfire Smokehouse —Approved Motion and Vote: Councilmember Jones moved to approve a Private Property Vendor License for Craig Saleeby, doing business as Spitfire Smokehouse, located at 221 South Main Street for a term of March 1, 2018 to March 1, 2019. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Yummytown Food Truck —Approved Motion and Discussion: Councilmember Jones moved to approve a Private Property Vendor License for Joelle Riddle & Max Schon, doing business as Yummytown Food Truck, located at 83 South Main Street for a term of March 1, 2018 to March 1, 2019. Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones noted the request for tables and chairs and expressed there appears to be ample parking to accommodate the request. Councilmember Guzman -Newton asked about other vendors who have licenses for this location and City Manager Everitt mentioned licensure is on a first -come first - served basis, requiring conformance to parking requirements and other code. Planner Reinhart concurred. Vote: The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Old Business: (2:00 on recording) Support for Arches National Park Reservation System —Tabled Motion and Discussion: Councilmember Duncan moved to approve Proposed Resolution 14-2018—A Resolution Supporting the Proposed Arches National Park Reservation System. Councilmember Jones seconded the motion. Councilmember Duncan explained that he heard from many residents when he was campaigning for office that the top three concerns were congestion, noise, and affordable housing. He explained his interpretation of the proposed plan and noted he had received more letters in favor of the plan than against it. He said proposed limits on vehicles per day would move usage levels back to 2016 visitation levels and it was his opinion that business will still be good. He said the reason he was proposing support for the Park reservation system plan is that he believed it would make Moab a better, more livable, place. He said there may be other long-term solutions but the problem needs to be dealt with right now. Councilmember Jones stated he supports the motion for not only the reasons stated by Councilmember Duncan but also because the City is already seeking to address solutions to congestion with UDOT, and solutions must be sought in partnership and he welcomed the leadership shown by the Park Service toward those ends. He stated his expectation that the Park Service would continue to engage the Page 5 of 8 February 27, 2018 Page 69 of 265 1-1 Minutes stakeholders to explore other options. He noted this proposed reservation system would require minimal infrastructure. Councilmember Knuteson-Boyd stated her support for the resolution but noted she is concerned about the opinion of businesses who fear economic impact due to the proposed system. She stated she wanted business owners to be heard more in-depth and suggested there was no rush. Councilmember Guzman -Newton questioned whether there would be any new proposed solutions that haven't been fielded in the past four months. She stated the City's support was ancillary and the Park Service will do what they do regardless of whether the City supports them or not. Mayor Niehaus stated that bring the issue up has brought forward a lot of viewpoints. She suggested tabling the motion would allow for an opportunity to add language that expresses the sentiments of the business community. Councilmember Duncan suggested that timeliness would be affected by tabling. Councilmember Jones concurred. Arches National Park Superintendent Kate Cannon spoke from the audience and stated park staff are still considering more than 400 comments and they expect the National Park System will make a decision in June. She noted there appeared to be considerable misunderstandings. She requested the Chamber of Commerce to host a question and answer session with business owners, and Chamber President Anderson agreed to host such an event. Vote: Councilmember Knuteson-Boyd made a motion to table the proposed resolution. Councilmember Guzman -Newton seconded the motion to table. The motion to table passed 3-1 aye with Councilmembers Knuteson-Boyd, Duncan and Guzman -Newton voting aye and Councilmember Jones voting nay. Moab Rotary Car Show Fee Waiver —Substitute Motion Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Reconsideration of a Request for Waiver of Swanny Park Use Fees in an amount not to exceed $1,425 for Moab Rotary Car Show. Councilmember Duncan seconded the motion. Councilmember Guzman -Newton stated she wants Council to discuss the nature of fee waivers in general, and Councilmembers Knuteson-Boyd and Jones agreed the discussion is needed. Knuteson-Boyd reiterated Councilmember Derasary's prior suggestion to waive a lower amount that was more in line with similar waivers such as for the Seekhaven fund- raiser. Discussion ensued about the real expenses associated with events that are borne by the City, and Councilmember Jones opined that the waivers are viewed as donations to charity, and if the City wants to make donations, it will be more transparent to do so outright rather than by waiving fees. Support for Rotary was expressed, and Councilmember Guzman -Newton moved to approve a substitute motion to approve a Request for Waiver of Swanny Park Use Fees in an amount not to exceed $400 for Moab Rotary Car Show. Councilmember Knuteson-Boyd seconded the substitute motion. The substitute motion passed 3-1 aye with Councilmembers Knuteson-Boyd, Guzman -Newton and Duncan voting aye and Councilmember Jones voting nay. Idling Vehicle Restrictions —Approved Motion and Vote: Councilmember Jones moved to approve Proposed Ordinance 2018-02 — An Ordinance amending the City of Moab Municipal Code, Title 10 Vehicles and Traffic, Chapter 10.04 Vehicle Code; Specifically, the Recently Amended Section 10.04.230, to Further Clarify Restrictions for Vehicles Parked While Idling or Running. Councilmember Duncan seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Page 6 of 8 February 27, 2018 Page 70 of 265 1-1 Minutes New Business: (2:29 on recording) Biking Routes Plan —Approved Motion, Discussion and Vote: Councilmember Jones moved to approve Proposed Resolution 15-2018 — A Resolution Approving the City of Moab Biking Routes Plan. Councilmember Duncan seconded the motion. Council and staff discussed specific streets and routes, including Kane Creek Road west of 500 West. Williams stated this approved plan would be integrated into the City's General Plan. Councilmember Duncan mentioned the quality of the pavement in the bike lanes. The motion passed 4- 0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mill Creek Drive Engineering Service Agreement —Approved (2:45 on recording) Motion and Discussion: Senior Projects Manager Weiser presented a history of the project and City Engineer Williams explained details of the timeline. Councilmember Knuteson-Boyd moved to approve a Future Campus of Utah State University (USU) — Mill Creek Drive West Extension Engineering Services Agreement. Councilmember Duncan seconded the motion. City Manager Everitt explained the nature of the commitment the Council was condoning by approving the engineering agreement. Councilmember Duncan raised a question about whether this road project could, should the USU campus project fail to materialize, become a "bridge to nowhere." Williams explained there was to be a master -planned community regardless of the campus, as proposed by the School and Institutional Trust Lands Administration (SITLA). Councilmember Jones asked about how SITLA's commitment is memorialized, and expressed his concern that, since it is the mission of SITLA to maximize profits, it may come to pass that the City is using public funds for infrastructure for SITLA's development prerogative and that, in other situations, the developer would be required to pay for roads. Councilmember Duncan reframed his question to ask if USU doesn't materialize, if the City could again be in a situation with SITLA similar to Lionsback, and City Attorney McAnany said yes. To answer Jones' question, Weiser stated the agreement was memorialized in the master plan. Councilmember Knuteson-Boyd concurred with the concerns of Jones and Duncan and suggested the City should memorialize the agreement in a Memorandum of Understanding. City Manager Everitt stated that the City controls the road and granting access to the road. City Attorney McAnany pointed out that prior Councils have incrementally fostered the USU project and balking at this agreement could jeopardize future commitments on the part of the university. Vote: The motion passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman -Newton voting aye and Councilmember Duncan voting nay. Procurement and Ethics —Tabled (3:06 on recording) Motion and Vote: City Attorney McAnany made a brief presentation about the proposed changes. Councilmember Jones moved to table, and there was not a second to the motion to table. Councilmember Duncan voiced a concern that, given the history that precipitated the initial procurement and ethics rules changes, that this update might be perceived as a return to the old ways. City Attorney McAnany explained that the changes make the directives for the staff clearer. City Manager Everitt pointed out relationship rules are strengthened by these changes. Councilmember Guzman -Newton moved to approve Changes to Sections 2.01 and 2.28 of Moab Municipal Code Regarding Procurement and Ethics — Proposed Ordinance 2018-03 — An Ordinance Amending City Procurement Procedures, Amending Certain Ethics Provisions, and Providing for Disclosure of Transactions in Which City Employees or Officials may have a Personal Interest. Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones noted he had made some suggestions for edits and preferred the changes to be made and then presented for approval. Councilmember Page 7 of 8 February 27, 2018 Page 71 of 265 r1-1 Minutes Knuteson-Boyd moved to table the proposed ordinance. Councilmember Jones seconded the motion to table. The motion to table passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman - Newton voting aye and Councilmember Duncan voting nay. Meeting Dates Revision —Approved Motion and Vote: Councilmember Jones moved to approve Revisions to 2018 City Council Meeting Dates to reschedule the regular March 27 meeting to March 20. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. Surplus Property Declared —Approved Mayor Niehaus recused herself and left the chambers. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution 16-2018 — A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus returned to the chambers. Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills against the City of Moab in the amount of $56,328.17. Councilmember Jones seconded the motion. A brief discussion ensued about how to streamline the bill review process. The motion carried 4-0 aye, with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Executive Closed Session: Motion and Vote: Councilmember Jones moved to enter an Executive Closed Session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. The Executive Closed Session was entered into at 9:28 PM. At 10:11 PM, Councilmember Jones moved to end the Executive Closed Session. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:11 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 8 of 8 February 27, 2018 Page 72 of 265 1-1 Minutes Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 6-1 Title: Approval of a Request for TransRockies Inc. to hold the 5th Annual Moab Rocks 3-day Mountain Bike Race festivities at Swanny City Park from Friday, April 13, 2018 through Monday, April 16th 2018. Date Submitted: January 22, 2018 and February 12, 2018 Staff Presenter: Carmella Galley Attachment(s): Special Event Application/Background information Special use of City Park Application Retail Beer License Local Consent Options: Approve, deny, or modify. Recommended Motion: Background/Summary: TransRockies Inc. has held their Moab Rocks 3-day mountain bike race start and evening festivities at Swanny City Park. After each stage of the race awards are presented from the park band shell as beer is available to the race participants. Much of the background is contained within the application packet for review. Staff Recommendation: City Staff has gone back and forth reviewing the applications provided and communicating with the organizer through emails. The committee has also suggested using Lions Park for this event, however with the request for alcohol, the use of that venue would not be allowed. The organizer has communicated with the Grand County High School for use of that location as an alternative and to alleviate some of the issues with the use of Swanny Park Page 73 of 265 6-1 Special Events/Permits including street closures and early start times. WE have received confirmation from the High School that this event will be allowed to use the parking lot at their facility. The committee, as of the time of this summary, is requesting the following conditions for the Moab Rocks Event: Friday, April 13, 2018- • Set up at Swanny Park shall be coordinated with the Parks Superintendent for supervision of proper placement and set up which would include no vehicles on the grass, no stakes used to anchor fences and tents. As well as being shown the location of power for the use of a PA system in lieu of generators. • The organizer has been informed that the serving of alcohol will need to stop by 7:00 pm. • There shall not be any generators used during the evening festivities. • The organizer shall coordinate with the Streets Superintendent for proper and safe traffic control set up for the next morning's race start on 400 North • The organizer shall coordinate with the Moab City Police Department to review the route to be taken through town from the high school up to Sand Flats. The services of four officers will be needed. • Background-TransRockies requested four police officers and police cars for the escort, it was decided that five officers and car; would actually be needed to safely move the participants along the route as well as keep them and the public safe. Saturday, April 14, 2018- • There shall not be any amplified sound before 7:00 am. • There shall not be any generators used during the evening festivities. • The serving of alcohol will need to be stopped by 7:00 pm. Sunday, April 15, 2018- • The use of Swanny Park for Sunday's shuttle departure will not be allowed. Our code does not allow for noise before 9:00 am on Sundays. It has been suggested to the organizer to use Lions Park Page 74 of 265 6-1 Special Events/Permits or the Transit Hub north of town for the morning. As of this writing we 14-aye not- 1eafe la -fr `-�ri��rriirrs t�icci tiinti�vi • The evening festivities will be allowed with the same conditions listed above. Monday, April 16, 2018- • The same conditions apply for the evening festivities as listed above. • All trash and recycling removed and the park left in good condition to be refunded the damage deposit. Fees- 3 days use of 1/4 of the park for 6 hours each day is $125/day=$375 1 day use of 1/4 of the park for 4 hours at $55 A damage and cleanup deposit at $ 200 The Event Fee is $200. Beer/Alcohol License is $90. Total at this point: $920. $1220.00 has been paid at this point however there are other fees that have been assessed and will need to be submitted. These include - The Police Department Fees are as follows: Officers are paid at a flat rate of $65.00 per hour, no matter how many hours are worked each day. There is a four-hour minimum pay per day, so once the officer is called, used or not, there will be a charge for a minimum of four hours. Vehicles are $65.00 per day and 0.65 cents per mile. $65x 4 hours=$260 x 4 officers - $1300 $1040 Five cars @ $65/car - $325 Four Cars @ $65/car=$260 Page 75 of 265 6-1 Special Events/Permits The fees for the Public Works Department will be assessed and billed for payment prior to the event. They will include - Department Staff (typically Streets and/or Parks) are paid at a rate of $40/hour during Regular Work Hours (Monday through Friday 7:00 am to 3:30 pm) and $65/hour during Overtime Hours or for Emergency Services. The fee for Parks Superintendent to meet prior to set up will be $40. These costs would include the time for loading and unloading prior to and after an event. Use of Traffic Control/Safety Equipment would be per item and could include the following for this particular event: o 36" Cone .40 Per Day o Vertical flats .60 Per Day o Signs w/stand 2.50 Per Day o Barrels .60 Per Day o Candle stick .50 Per Day o Slide Top 5.50 Per Day Other items and equipment may be necessary and will be assessed as needed. That adds another $1625 $1340 to the fees already assessed. Making what is currently to be paid $1325 $1040. We are also suggesting that the residents surrounding the park be notified prior to the event of the upcoming event. Page 76 of 265 6-1 Special Events/Permits TRANSROCKIES' iWIZE• series TransRockies US LP 14405 W Colfax Ave. #158 Lakewood, CO 80401 Carmella Galley City of Moab 217 East Center Street Moab, Utah 84532 January 15th, 2018 Dear Carmella, Please find attached our application for the 5th Annual Moab Rocks 3-day mountain bike race. The dates are April 13-16, 2018. 1. We like to book Swanny Park for the following dates: o Friday, April 13th-1:00pm - 8:00pm o Saturday, April 14th - 3:00pm - 8:00pm o Sunday, April 15th - 3:00pm - 8:00pm o Monday, April 16th - 3:00pm - 8:00pm 2. Also, as in years past we'd like to serve Moab Brewery beer from 5:30pm - 7:00pm during our nightly awards presentation. Local Consent Form that needs to be signed by The City of Moab is enclosed. 3. On Saturday, April 14th (which is the Stage 1) we will need 4 officers and patrol cars to escort the 180 riders up Sand Flat Road. They will start from the Aquatic Center and be controlled through town and the crossings. They have been amazing to work with in the past. Please see map attached. Officers need to be in place by 8:15am. Please let me know if you require further information. My cell is 403.483.9977 Sincerely, Kevin McDonald Operations Manager, TransRockies Events Cell: 403.483.9977 TransRockies US LP,14405 W Colfax Ave. #158 Lakewood, CO, 80401 PAGE 1 Page 77 of 265 6-1 Special Events/Permits 172-1 i��Z t2i Date Received Applitatian: Receipt Number: 2Z /Kl SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB City of Moab Special Events 217 East Center Street Moab, UT 84532 Date Paid Amount Paid: 4122o.---- MOAB Phone: 435-259-5121 E-mail: events@moabcity.org .APPROVALS: City: Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: ❑ Film Production ❑ Outdoors Sales Cycling ❑ 5K ❑ Training Event ❑ Festival ❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious ❑ Fun Run ❑ Dance ❑ Other Please print or type EVENT NAME: illO(a��1 1. Location of Event: 2. Location of Event: FQ to4I , S-1)-T'1 5 v- / /31 - ✓ M-`t �J Li, l1rtl 3 ,,d,L$p L (II 4C -7- [,6,/(ZS4-- icl-fL_fit itl Le�b 3. Name of Organization: TR4,/S e c; s v f LP 4. Date (s) of Event: P IZ to iel,f r 4-p r--; j 1 3_ l G 5. EVENT DETAILS Start Date: 4r,, , / 3 Start Time: : a 6, p., Event Location 1 Date(s): Start time: End time: Set-up Date(s): p (L.10 � A. . 13 Start time: f : 0 an,,,_ End time: Sr: U aie, Clean-up t Date(s): ✓ e a ,..re fri l i : ! Start time: z 3 ae , End time: ' 3 )f — Event Location 2 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Is this a recurring event? Is this an Annual Event? r�s If yes; daily, weekly or other? If yes; same date and place? n �F ley Fvic i 11 IfTf `(C f 5. PARTICIPANTS Number of participants expected: Number of Volunteers/Event Staff: y ❑ Open to the Public Private Group/Party If event is open to the public, is it: Entrance Fee/Ticketed Event? Riee for Participants/ Racers/Runners Only 2 Page 78 of 265 6-1 Special Events/Permits Date Received Application: Receipt Number: Date Paid Amount Paid: SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB City of Moab Special Events 217 East Center Street Moab, UT 84532 M oAB UTAH Phone: 435-259-5121 E-mail: events@moabcity.org APPROVALS: City_ Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: _✓ Cycling ❑ 5K ❑ Training Event ❑ Festival ❑ Film Production ❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious ❑ Outdoors Sales ❑ Fun Run ❑ Dance ❑ Other Please print or type EVENT NAME: goc,A,s 1. Location of Event: 2. Location of Event: S c.1 11-14/ 10( C! r./4-k k (Q 4-vi o el e, t s� �� d � n i y✓ c S 1...hivoS) S �✓ JY✓i✓� C 1 7-1 %. ger)f 13 " 16 - s - 3. Name of Organization: Tit 471/ 1-1 o 4k. / C 5 OS LP 4. Date (s) of Event: f-p p;l 13 - / 6 / 2 7 / Y 5. EVENT DETAILS Start Date:J,,, ; 13 Start Time: 1,oir, Event Location 1 Date(s): 1i p r, I 13 Start time: r ; d 9,,,,, End time: k : U3 p,-, Set-up Date(s): 4nr, ! 1 3 Start time: / 1" p M End time: if-v )P�,,, Clean-up Date(s): Ap r , 1 1 b Start time: 7 , a dfl,„,,, End time: ?' , U p, ,., Event Location 2 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Is this a recurring event? Is this an Annual Event? u'k` S If yes; daily, weekly or other? !�piL i If yes; same date and place? 5. PARTICIPANTS Number of participants expected: % S� _ 7.42 0 ❑ Open to the Public Number of Volunteers/Event Staff: P/Private Group/Party 2c If event is open to the public, is it: n Entrance Fee/Ticketed Event? Racers/Runners Only Fee for Participants/ Page 79 of 265 6-1 Special Events/Permits 2 6. APPLICANT INFORMATION Name of Applicant: �CV l i✓ rill 4 L 10 Address: ST) a g l VEr2 4.0 C 41N r443 Day Phone: yv 3. vy3. 77? I- CeWOther: Mailing Address (if different): E-Mail: %Le✓', 7Yti jr �� r _ i. D rvi Event Web Address (if applicable): wt,i, L, f r, 4 S /' 9 c- , e.1- co Alternate Contact For Event: Ora ✓1 ` e o „ .,2 c % Cell Phone/Other: CeWother: Yo0 Hcf E-mail: A�rsro �eies. CaY•, Page 80 of 265 6-1 Special Events/Permits 3 7. VENDORS/FOOD/ check all that apply Vendors/Merchants Are �u ors Merchants Selling Products or Services? Yes No If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303 Is Food available at the event 1 Yes Is the food (please check all that apply) Given away Catered by restaurants/Vendors Prepared on site Events which have Food available must contaj i the SE Utah Health Dept., for approval 435-259-5602 Alcoholic Beverages will be available at the eventYes 11 No Please check applicable Beer Stands Fenced in Beer Garden Selling, Serving, Giving Aw , I..,lrol at -al cvc tequires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on sitemap) f!d'Tents/Pop-up Canopies Yes ❑ No How many Tents/Pop-up Canopies will be used for the event? 2\1 r f Dimensions of Tents/Pop-up Canopies: Ail Enclosed Tents and Pop-up Canopies inquire inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground. Dimensions: Description of Tents/Canopies/Race, etc.: o2 l l) srP / r i y ✓ .11-01-1 ❑ Temporary Stage /' /4 9. SITE SETUP/SOUND check all that apply (please include details on site map) F encing/Scaffolding Portable Sanitary Units Music if yes, check all that apply I I Acoustic PA/Audio System Type/Description: Fireworks / Fire Performances / Open Flame Propane/Gas On site Trash/Recycle Bin coordination On Site Barricades PR- ��Amplified F & A-11,41-0 3 Requires approval from Moab Valley Fire Dept. (435) 259-5557 Requires approval from Moab Valley Fire Dept. (435) 259-5557 Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 /0. ROAD & SIDEWALK USE please include deta' on site map ❑ Will Roads & Sidewalks Be Used? ❑ Yes ❑ Are you requesting Road Closures? ❑ Yes No An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485. U Road Use and Closure Location: U Sidewalk Use Location: U Parade Location: (must obtain privately) (must obtain privately) (must obtain privately) U Will stay on sidewalks and follow pedestrian laws Number of Floats: / /. Application fee is based on attendance as followed: (Other fees may apply after review by Events Committee) ❑ S200.00 for attendance under 300 ❑ $400.00 for attendance over 300 Total:$ as /1-f (e-R. cA-4.4KL/.4 By submitting a signed application, the applicant certifies that falsilri an • ' formation on this application constitutes cause for rejection or revocation of the Permit. Print Applicant's Name JIi-r1/_3/I /Y Date 4 Page 81 of 265 6-1 Special Events/Permits 7. VENDORS/FOOD/ALCOHOL check all that apply Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes / No If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303 Is Food available at the event I Yes ✓LjNo Is the food (please check all that apply) Given away Catered by restaurants/Vendors Prepared on site Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602 Alcoholic Beverages will be available at the event ltees U No Please check applicable Beer Stands Fenced in Beer Garden Selling, Serving, Giving Away, lconot a an requires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) Tents/Pop-up Canopies [Yes ❑ No How many Tents/Pop-up Canopies will be used for the event? Dimensions of Tents/Pop-up Canopies: / D x I 0 All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the grown' 1 ❑ Temporary Stage Dimensions: Description of Tents/Canopies/Stage, etc.: (J s E 702- 6 .41),%/ 0 s lft2 L S A s P4 6- 9. SITE SETUP/SOUND check all that apply (please include details on site map) T11r1T Fencing/Scaffolding Barricades Portable Sanitary Units ✓ 2 U N 14 l-1 0� - Music if yes, check all that apply vrAmplit-ied Acoustic PA/Audio System Type/Description: Fireworks / Fire Performances / Open Flame N l A Requires approval from Moab Valley Fire Dept. (435) 259-5557 Propane/Gas On site `A_� N / Requires approval from Moab Valley Fire Dept. (435) 259-5557 Trash/Recycle Bin coordination On Site t,L n Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 (must obtain privately) (must obtain privately) (must obtain privately) s (0- 6),J /O. ROAD & SIDEWALK USE please inc de details on site map ❑ Will Roads & Sidewalks Be Used? Yes CI o ❑ Are you requesting Road Closures? ❑ Yes No An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485. U Road Use and Closure Location: p0 L t-49 3 L S tr l- 4 4-e U Sidewalk Use Location: U Parade Location: U Will stay on sidewalks and follow pedestrian laws Number of Floats: II. Application fee is based on attendance as followed: (Oth7 fees may apply after review by Events Committee) a $200.00 for attendance under 300 ❑ $400.00 for attendance over 300 Total: $ 2 7 C By submitting a signed application, the applicant certifies that fa ng an ormation on this application constitutes cause for rejection or revocation of the Permit. KCV yica Print Applicant's Name pplican ure FC6, /IS' Date r Page 82 of 265 6-1 Special Events/Permits C EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. o - p sily Ina u,✓iAmi en -it 15A1✓ n / c - 774- S 7)1 c t" ►� beer 4-ec,1 / 3, pf, /s, it o1Q r le" S 30 l - ek r G 1.11: wC 1Q. S Ast - w; 11 r? eel y UsIN� S2rcIG -7: v 2 F f�GL rs I-G al 04,1 fl L 4 SL ,s GG K/0„, k Pti-(6 A 14de /414.1a G / Otf I SAS t. 3 4 I ' Page 83 of 265 6-1 Special Events/Permits DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many elements may not be visible. Your map should include: The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park Parade forming and disbanding areas, bleachers, etc. Vendor and booth placement, tables, etc. U Portable Toilets, fencing Location of Security Personal, information booth, lost and found booth Ll Stage, Tents and materials, storage, etc. used in the event. North T 6 Page 84 of 265 6-1 Special Events/Permits DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many elements may not be visible. Your map should include: / The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park Parade forming and disbanding areas, bleachers, etc. • Vendor and booth placement, tables, etc. ri Portable Toilets, fencing IK Location of Security Personal, information booth, lost and found booth ri Stage, Tents and materials, storage, etc. used in the event. North i Page 85 of 265 6-1 Special Events/Permits 6 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: vl)-6s vck.s DATE(S) OF EVENT: 4r:1 l3-1t,..)/u BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID C.I1'4f [NAIL-111j 303- .8'11- — 2`l,/3 pi4SSR6. 71-fr 4PV I t ✓atitA Las TV r/AT-14- ,,, D A41 S 30 3. co 4 . b �'s�i EL Cbylliv liL`3 S $ + L 71 va ri 14_„ ,. S , M , . n '1 D 3. 6 i,/. lJ rci l- IS ( iGl" ✓nCc- trA-y✓!c- 09/08/03 Page 86 of 265 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: YR d 114 if.. b (4- S DATE(S) OF EVENT: 471 r ( 13 - C` id i Y BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 09/08/03 Page 87 of 265 Moab Rocks 2018 Registration Beer Garden April 13th, 2018 Swanny Park 5:00 PM - 7:00 P 11M 4 Foot Fence Tents Tables and Chairs Page 88 of 265 Re• istration Tents Moab Rocks 2018 - Swanny Park Beer Garden: April 13th - 16th, 2018 5:30 PM - 7:00 PM Massage: April 14th -16th, 2018 2:00 PM - 8:00 PM 4 Foot Fence Tent • Tables and Chairs City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: ,'E1I•V /4'. 0 i% •V A L O Name of Organization and Event if applicable: T izAe/ s g.:Gkr; s v ; -P Address' 1 0 W( w • Car~ FR% //VC k l Sll L1�1�[-ice � � � c b 2 C Day Phone: `�°1 ] 7 °? �"}- Email: �.�r;^ F? •�r�r3 r � �-%.r� c � ••-, Proposed Park Usage Information Which park to you intend to use? Swanny Park: Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: — i3 Start Time: am/ rr End Time. TO'? am/ Proposed End Date: Start Time: °4'? am0 End Time. Qa am r/ M Et f 4,/9Neal / 4 a- g Please specify what areas of the park are proposed for use. WI)SAn SJ0"JO/Ai r!AtA/A4 For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: l e° Number of spectators that you expect: = a Please describe structures, I tents, canopies, portable restrooms, etc. that you propose to set up at the park: 15D tee-'- U � 4c ,e-I a ri,r, �t'+C t t — 0 .,:. 1 t7 ra? P J f Th Will amplification be required for your event? Yes / No Please specify any electrical needs for your event: /a / A Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should jbe described. / 1 1/1 �v r I' t% .i L iY C C T Lr L, n� 4 s / .t / e 4 f i r4 S 7 If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. iv I A PLEASE COMPLETE OTHER SIDE Page 90 of 265 Page 10 of 26 6-1 Special Events/Permits Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes / No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you plan for use of the park: 7A c Ff cc-4- F esc F ticC, 6 km Lit 2 p4-)r For groups over 100 people, please describe your refuse control and recycling plan: TY/! SN g C e yc err✓E 6 i A, 11 Please describe your clean-up plan during and after the event: S I 'i % Lox ak-r . 0,e a- le—)1t/ f A /4"f1 r Please describe your restroom facility plan: or b F SiliVG re:f74 M3 i No 611 v T VLVvt' F Esc. IN 6- 1.CP T t f r D1C 7� I LC T.S F2�-► I Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: 1>41Lte P�cr1 i 12- 4 r c 1K r � /Y1 f-7,1.n ,✓ A--A✓GE Please specify and describe other community or city facilities that you plan to use: tv/A fill -PP LE w� L� F 11 Pavt /'i ° 4g K C A L Taei-1 c. 1-ry Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any condition to this permit. Signature of Contact Person: Date- TY1-v.." ' 17 / Public Works Review: Police Department Review: Administrative Review - Park Use Fee: Date Fee Paid: Date of City Council Approval - Insurance Received: Final Set up Diagram Received. Special Conditions or Requirements: Other Required Permits and Approvals Page 91 of 265 Page 11 of 26 6-1 Special Events/Permits I Swanny Park 1\ 400N0/7h SITEVI 3 Picnic Tables Aquatic Center ParkDai/a Outdoor Swimming Pools 6 Covered Picnic Tables .:� \\\\\\\\\\\ 100 50 N SCALE 0 100 700 !West Street 1 200 1" = 100' FEET To Main St. One Block -P.- 43--a Page 92 of 265 Page 12 of 26 6-1 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: C1TYOF MOAB 0 CLASS I FEE: 0 CLASS II FEE: O PRIVATE CLUB O CtLASS III FEE: CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: HOME ADDRESS: /41. ✓►t L O i ,v 4 v0 1 i7 ler vot IQ l et0 HOME PHONE: CITY: C-ka A9 i aG STATE: 4-0 SOCIAL SECURITY NUMBER: DATE OF BIRTH: _ DRIVER LICENSE NUMBER & STATE: Y/ 3 • '-f 3 °PI 31 ZIP: Tl / it BUSINESS INFORMATION BUSINESS NAME: TQ Ar1 r 2 3 (44CE us L P SALES Tax ID #: 13 S 0 51 1--P BUSINESS ADDRESS: 1 <-{Y D S- IN • C 0 (- f Aj4 ✓i" 4 *- !TV BUSINESS PHONE: Li 0 3, L0-. 4 S 3 1- BUSINESS MAILING ADDRESS: CITY: LA -Kew Da p STATE: G 0 ZIP: Go y0 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOVA! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I O CLASS II ❑ PRIVATE CLUB O CLASS III 2 LASS 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 II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you allsp serve liquor, wine or heavy beer (over 3.2% by weight)? O No OYES (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: D q>2 kw) PI+N r `Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 93 of 265 Page 22 of 26 6-1 Special Events/Permits 3. Hire you ever been convicted of any offense other than a minor traffic violation? rUrflo ❑ 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, II, Private Club and Class IV. Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED In DISAPPROVED In REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 94 of 265 Page 23 of 26 6-1 Special Events/Permits CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: 13 l k Gr s -1 h c, 0 f1 of Ag0 tv-t inn,/wThf^/ 11-pi3O 13 - 14/ 21►( i s-3��..h - -3�P,, LA/ Arr✓' t I rf 1042r� A4-tcr ;- 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: 717 u IS,,., 4. I 14: Elfin/ rvi`',DA/ 4.0 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 13 , starting at 5 3 4) PM, and located at �✓/1-r/,,1 y r/m_k for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND } } } SS DATE: 1—)41,✓ , [ 6 /tY SUBSCRIBED AND SWORN TO BEFORE ME BY ;ei lei /46 DGNOV THIS jk:, DAY OF JC�G1 (2401 y " COMM. #2200817 NOTARY PUBLIC- CAUFORNIA F; SAN DIEGO couNre _ E I Commission Expires 06/09/2421 5 ON NOTARY PUBLIC Page Z5 eN5 6-1 Special Events/Permits 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. 76//tTh Applicant's Signature STATE OF UTAH COUNTY OF GRAND /-4[ 7)r>//V-vecl , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this a> day of J 4/4 02e)(E' NorAsCOMgy pRMA o 9uC �cg87elo �7-paaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Page 96 of 265 Page 24 of 26 6-1 Special Events/Permits CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I 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. Sig attire of Applicant Print Name of Applicant Print Nam 04 41/V Witness State of 14talz County of 30._(\ ) On the ' (q day of 1-0_r-1Boa` % �, personally appeared before me VAL)/Il _ I r ?� I�who duly acknowledged to me that they executed e same.ame. "` �" u-44-).-v. l ( // (1' Date 4ate40b KATHERINE ANN HOWE Notary Public - California San Diego County Commission N 2200702 My Comm. Expires Jun 9, 2021 My Commission Expires: 0( , I Nary Public Residing in: County Page 97 of 265 Page 26 of 26 6-1 Special Events/Permits " ..-. " SINGLE EVENT PERNIIT ` 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 L I l l O F eto /tB , [ ] City [ ] Town [ ] County hereby Applicant Event Event On the during Local business license authority grants its consent to the issuance of a temporary single event permit license to: Entity/Organization: 7-)1.- f i-d5g v C fr C t. S US L P Name: 141.0 4- a g. v G a.5 location address: 10 a W (4 00 n ) /no/616 v 1411 wee CO st2te rip 1 ? ~ / C day(s) of �� n r tl d-- B 1 datesTOII1��1 yen - the hours of 5 = 5 af^ - 7 : o? (, ,pursuant to the provision of Utah Code 32B-9. aer n������r���� ro We recommend this entity as conducting a civic or community enterprise* [ j Yes [ j No [ j Not providing a recommendation *As Par_ `o local `consent required :0;134.201( )(c), the l i01.14i.mayr provide a itc6mmendaiion as ti whetherrthe i.iti .i a ,i ducfmg a 6i.i. or community enterpriser. A: dyic orcamniur4iji eiiterprise rileans a '.. " ' iiii. ig.. at Is lnihe nature ofa t'e'mpo 61special event such as a,social,.business, rellgl00, political,goyemmisii*. ' iiiti iti0i4.1;.ecreaUonal,Ycultu[sl charitable, athietic;��tFieatrical, schola�tic;.4,014tic 'orscieridflc event. A "civic or - .. `coi'tirri i:O. enterprise" gerieraiiy is a gatheri60:t i riegs irie ri�6.0..f.* mmuiiI4i Oiii. for the :common good. ' Single .V.04. erliiits may_`not be" :issued;t..a* obtained by an entity or organs at(on for the purpose of *frikn6 or " =sttemphng to avoid the requirement of state 00.11..'alcohgl hcensing ' Authorized Signature Name/Title Date ��..:....:.::.::... ni : r.: Aaticalty produ"ced;city, town; or couriry.forcri is itcceptabla.... " ;:, .: ; .; .. , : �_ . " _ ." ... ; ; This. ts:aauggested: fomes. As OF SEP.TEMBERi.2015;tOaititoNSii4T 1VIUST BE:SUBMITTED I'dtil E iABC:BY:3'AE APPLICANT...' .: Page 98 of 265 6-1 Special Events/Permits 3 DAY MTB XC RACE '*%0 PORCUPINE RIM KLONDIKE BLUFFS MAGNIFICENT 7 pril 14 - 16 • 2018 RANSROCKIES RACE SERIES 6-1 Special Events/Permits r I ir+nrv:�nocKVcsJ 2018 Official Regulations 1. Withdrawal Teams or individuals who cannot continue the race or wish to withdraw for whatever reason must inform the race organizers (race office) immediately at the start, checkpoints or finish, or by calling the emergency phone number (435) 260-6001. 2. Environment Passing on the singletrack portions of the course is only allowed on slickrock segments. There is no authorized passing on non slickrock portions of the singletrack. Any reported, or observed, passing on the non-slickrock singletrack portions of the course during the race will result in rider disqualification. We will enforce littering, cutting trails and environmental abuse with stiff penalties. Every participant who is caught disregarding the environment will be fined with a one hour time penalty at first offense and disqualification at second offense. Note that all riders must stay on the established trail tread. Switchbacks will not be specifically flagged at each corner, but riders must stay on the established trail. Cutting switchbacks or corners will be considered shortcutting and will be subject to penalty. Solid human waste produced where no toilet is available must be collected by the participant in a plastic bag. The bag may be deposited into a garbage at the finish of the stage. Supporters and spectators are not permitted on the course, due to the possible cumulative impact to the natural environment. Riders must obtain all support from the checkpoints provided. 3. Start Numbers Start numbers must be mounted on the handlebars. The start numbers must not be altered in any way. Leaders' plates are presented to each rider of the leading team or solo rider in each category following each stage. Leading riders must place plates over existing number plates in the next stage of the event. 4. Start The start staging begins 20 minutes before the starting time specific to each stage. The daily briefing for all participants begins 15 minutes prior to the start time. Note that there is also a daily course briefing each evening, going over the next day's stage. See your schedule for briefing times. The start will remain open up to 5 minutes after the start time listed for each day. Riders starting up to 5 minutes after the designated start time will be measured according to the official start time. 5. Check Points Stage 1 will have one , Stage 2 will have two and Stage 3 will have three checkpoints. Checkpoints will include a neutral feeding station, and a feed zone. Outside support is not permitted at other points on course. Checkpoints will offer water, electrolyte drink, fruit and other energy foods. It is recommended that all participants carry additional food and drink with them in case of emergency or running out between checkpoints. At each checkpoint all riders must report. Riders who do not pass one of the check points (for example because they have lost their way) will receive a time penalty of 60 minutes for each control point missed. The official's panel reserves the right to impose a higher or lower time penalty in special cases. 6. Finish Riders who arrive at the finish after the finish time limit due to exhaustion, repairs, injury, etc., but who are still riding their bikes will receive the maximum racing time (from official starting time to finish -time) plus 60 minutes. They are eligible to continue racing the following day. 'seams or individual riders who can prove a severe defect or injury and arrive at the finish in a different vehicle than their mountain bike, will receive the maximum racing time (from official starting time to finish -time) plus 120 minutes, and can continue the race the following day. 7. Safety Rules Slower participants are required to make way for faster racers. 10 MOAB ROCKS I transrockies.com Page 100 of 265 6-1 Special Events/Permits 2015 Official Regulations Course hazards are often not marked. Ride in control and be prepared for possible course hazards. The race will take place partly on public roads. Each participant is to obey all traffic laws in effect and yield to motor vehicles with right-of-way at all times. The race organization strives to keep the start and finish area clear of vehicle traffic, but be aware that people and their vehicles sometimes don't adhere to traffic barriers and course marshals. These rules primarily serve to assure the riders' safety. Violating these rules can also lead to subsequent time penalty or disqualification from the race. 8. Protest and Jury Each participant can file a protest in writing against other teams for disregarding the rules or against decisions of the Officials Panel. Protests can be filed at the Race Office up to the finish time limit of each stage. Witnesses should be named. A jury panel of three members will debate the protest and render a decision prior to the start of the next stage. The protest fee is $50 USD. The fee will not be reimbursed unless the protest is upheld. The Officials Panel can also rule on an infraction observed by a race official or TransRockies Crew Member, The Officials Panel will be comprised of the Race Director, the Timing Director, Race Office Manager, and one of the following: a) athletes representative, b) Course Crew Chief. The Panel may decide to take one of the following actions: a) no action, b) impose a penalty or penalties, c) award a time credit, or d) neutralize the stage results for some or all categories (in extreme cases). The Panel may call on racers, crew or spectators as witnesses. 9. Penalties and Disqualification The organizer reserves the right to penalize or disqualify participants and teams when one of the following applies: • Not following the course • Participant health problems • Violating rules and regulations • Unfair or unsportsmanlike conduct • Any disregard for the environment • Disregard for traffic rules 10. Course Marking The course is marked with a combination of flagging tape and arrow signs. All athletes must stay on the marked and mapped course. If you do not see markings for an extended period of time (more than a couple minutes) you may be off course. If you are off course, you must return to the point where you left it or you will be subject to a penalty Short cutting of trails is prohibited (Riders who inadvertently deviate from the marked route must return to the marked route at the same place where they left it. Riders who re -join the route at a point past where the left the course may be subject to a time penalty at the discretion of the officials panel.) 11. Equal Opportunity No person shall be excluded from participation in, denied the benefits of, or subject to discrimination under any event or activity sponsored or conducted by TransRockies US LP on the basis of race, color, national origin, religion, sex, sexual orientation, age, veteran status or disability. TRN.STICICKI T Welcome to Moab Rocks Get Ready to Rock! Giddy up and get ready to ride Moab! Long known as one of the world's most iconic mountain biking destinations, Moab has played host to riders from far and wide, and we feel honored just to be here! Thanks to some great input from our partners at Poison Spider, Moab Rocks utilizes some of best classic and new routes, including Porcupine Rim, Klondike Bluffs, and Magnificent 7. With three exciting stages, this is sure to be a masterpiece of XC riding. All this is wrapped up in a fully supported, fun and friendly atmosphere, combining camaraderie and competition. Moab Rocks will present not only the best in Moab riding, but also the best in Moab culture, with beer from Moab Brewery. Moab Rocks will work in partnership with Grand County Trail Mix, and under permit from the Bureau of Land Management. This guide is provided for those considering registering to better understand how the event works and also for registered mountain bikers planning and preparing for the event to guide you through the weekend. Race Format: • Solo Categories: Open Men, Open Women, 40+ Men, 40+ Women, 50+ Men • The Top 3 finishers in each category will be recognized daily • GC leaders for each stage will be recognized with a leader's plate following each stage • The top 3 in GC for each category by overall time will be recognized at the end of the final stage Single Day entries will be eligible for stage awards in their respective category, but not for General Classification ranking Important Notes: Due to the fragile nature of the desert soil, passing on the singletrack portions of the course is only allowed on slickrock segments. There is no authorized passing on non slickrock portions of the singletrack. Any reported, or observed, passing on the non-slickrock singletrack portions of the course during the race will result in rider disqualification. Please do not alter your race plate. Massage Therapy will be available at Swanny City Park each afternoon following the stages on a fee -for - service basis. You can pre -book massage times at sign on. Support the Grand County Trail Mix by buying a raffle ticket! $5 each or 3 for $10 gets you a chance to win some incredible prizes from Poison Spider Bicycles, TransRockies and our event sponsors. We will have nightly prize draws at Swanny Park! Schedule of Events: Friday, April 13, 2018 5:00 - 7:00 PM Registration and Sign -On, Moab Recreation & Aquatic Center, 374 Park Avenue 5:30 - 7:30 PM Evening Social, Swanny City Park 7:15 PM Opening Briefing, Swanny City Park 2 MOAB ROCKS I transrockies.com Page 102 of 265 6-1 Special Events/Permits Moab, Utah 1 ` `nooucs i t:uU�:s Saturday, April 14, 2018 - Stage 1: Porcupine Rim 7:00 - 7:30 AM Last chance for package pickup Moab Recreation & Aquatic Center, 374 Park Avenue 8:10 AM Call to Start, W. 400N in front of the aquatic Centre 8:30 AM Stage 1 Start 10:30 AM - 4:00 PM Riders finishing on Porcupine Rim trail, above final singletrack . Feed Zone located at trailhead, approx. 3.7 miles past finish. 6:30 - 8:30 PM Evening Social at Swanny City Park 7:00 PM Stage 1 Awards Ceremony Swanny City Park 7:20 PM Daily Briefing 7:30 PM Pictures of the Day Sunday, April 15, 2018 - Stage 2: Klondike Bluffs 7:00 AM Shuttles depart from Swanny Park - car pooling is highly recommended. 7:00 - 7:30 AM Stage 2 Only Racers - Package Pickup at Klondike Bluffs Staging Area 8:10 AM Call to Start, Klondike Bluffs Road (BLM 142) 16.3 miles North on Hwy. 191 from Swanny City Park 8:30 AM Stage 2 Start 11:30 AM - 4:00 PM Riders finishing at Klondike Bluffs Trailhead 6:30 - 8:30 PM Evening Social at Swanny City Park 7:00 PM Stage 2 Awards Swanny City Park 7:20 PM Daily Briefing 7:30 PM Pictures of the Day Monday, April 16, 2018 - Stage 3: Mag 7 7:00 - 7:30 AM Stage 3 Only Racers - Package Pickup at Gemini Bridges Staging Area 8:10 AM Call to Start, Gemini Bridges Staging Area 9.6 miles North on Hwy. 191 from Swanny City Park 8:30 AM Stage 3 Start 10:30 AM - 4:00 PM Riders finishing at Gemini Bridges Staging Area 6:30 - 8:30 PM Evening Social at Swanny City Park 7:00 PM Stage 3 and Overall Awards Ceremonies 7:30 PM Pictures of the Day 0 BREW�;�� TRANSROCKIES" RACE SERIES ERGON POISON SPIDER 2 .T;: a THINK Lam) LOUISGRRNERU' c. ��fM• NONE Y Page 103 of 265 MOABF 6-1 Special Events/Permits Moab Rocks 2018 -Registration b G9 Beer Garden April 13th, 2018 Swanny Park 5:00 PM - 7:00 PM 4 Foot Fence Tents • Tables and Chairs Y ewe .,tion T Page 104 of 265 Re • istration Tents Toilets Moab Rocks 2018 -Stage 1 Start Toilets April 1 201 Grand County High School 5:30 AM - 8:30 AM - - - 4 Foot Fence Moab Rocks 2018 - Stage 1 Lead Out A "4 Police leadout to Sand Flats Recreation Area Gate House, a. • • # „it ' :r • i FirJ a►f,ro, rt r n , i r.:. - Page 106 of 265 1 Recreation Fla s Ar( a Potato a .r�r r Moab Rocks 2018 - Swanny Park Beer Garden: April 13th -16th, 2018 5:30 PM - 7:00 PM Massage: April 14th - 16th, 2018 2:00 PM - 8:00 PM 4 Foot Fence Tent ! Tables and Chairs .ecreation._ Center Skate Park Page 107 of 265 Toilets I Moab Rocks 2018 - Stage 1 Start Are!! 14fh, 2018 5:30 AM - 8:30 AM 4 Foot Fence .� 4E of 265 Moab Rocks 2018 - Stage 1 Nprii 14th, 2018 Swanny Park 8:15-9:On, AM P::eation Area Gate House. W '."44% o. tom* -z.z - , . ',, ki o a h 1 ' �� i, ;• .. ` .:' V S r r # 14/ '•�� �.' 00 s ;tit ' J� 20 � --i(;s. '�:� 5 �` r. • ...'' `,:ci� -e Cir. we t •r . • . 1 ' � — sni' ;4.1 ,r ?.it ' Gate House Stage 1 Porcupine Rim Distance & Elevation Gain: 25.1 mi / 4039 feet 40.4 km / 1231 m Checkpoint / Aid: 15.0mi/24km Route: - exit Moab - Kokopelli Sand Flats Road - Porcupine Overlook - UPS Lower - Upper Porcupine Alternate - LPS - Porcupine Rim V Moth A ` Negro ' "" Bill Canyon f v5 .Wilderness `` Study ''` Std�' Area f —4— a,� . i` .,,. ! ' -"" A 40"" i` • .r f . r „ jeariOc r i Mill Creek Canyon Wilderness Stt1dy Area J • Il 2s Page 110 of 265 Stage 2: Klondike Bluffs .Distance & Elevation Gain: 25.5 mi / 3110 feet 41.0 km / 947 m Checkpoint / Aid: 13.4 mi / 21.5 km 18.4 mi / 29.6 km Route: - Baby Steps - Copper Ridge 4x4 - Baby Steps South - Baby Steps - UFO - Little Salty - Baby Steps North - Copper Ridge 4x4 - Mega Steps - Alaska - Homer - Dino Tracks - Chilkoot Pass - Agate East - Midline - Jasper Access - Baby Steps North - Dino Flow - Copper Ridge 4x4 EMERGENCY NUMBER +1 (435)260-6001 Page 111 of 265 Stage 3: Magnificent 7 0 erTgali ) Distance & Elevation Gain: 28.4 mi 2507 feet 45.7 km / 764 m Checkpoint / Aid: 7.6 mi /12.2 km 13.8 mi / 22.2 km 19.1 mi / 30.7 km Route: - Gemini Bridges Road - Arths Corner - Getaway - Getaway Start - 7-Up - Bull Run - The Knoll - Bull Run - Great Escape - Little Canyon - Gold Bar Rim - Gemini Bridges Road "—;;;:sik ,^ 6000 r. 5500 5 000 1713 rn Monitor Butte - 1664 m Jr' ,-" .10.?••-••- P.• CP 1&3 — . Page 112 of 265 Moab Rocks — Mountain Bike Stage Race Commercial Recreation Event Proposal April 14-16, 2018 Proposal and Management Plan Prepared by: TransRockies US LP 14405 West Colfax Ave. #158 Lakewood, CO 80401 Phone: (403) 668-7537 Revised: January 15th, 2018 Moab Rocks 2018 Proposal and Management Plan Page 113 of 265 1 6-1 Special Events/Permits Section 1: Executive Summary General Overview of Business Moab Rocks is a 3-day mountain biking stage race held on public lands surrounding the town of Moab. The event is based on an existing Moab Rocks event hosted in the Canadian Rockies, part of the larger 7-day TransRockies Challenge, which has been an annual event since 2002. Additional reference is gained from the TransRockies Run in Colorado, in operation since 2007. The event uses a pre -determined and marked route, with a designated stage start and finish for each day. The Proposed Route Outline is: Stage 1: Sand Flats Road -- Porcupine Rim Trail Stage 2: Klondike Bluffs Stage 3: Gemini Bridges Road - Arth's Corner — Getaway - Bull Run - Gold Bar The proposed date for this event is: Saturday, April 14 — Monday, April 16, 2018. The operations of Moab Rocks can be divided into two major components: Trail Operations and Venue Operations. Venue operations will mostly take place on land that is privately owned, within municipal boundaries, or at designated trailhead or parking areas. Venue operations include start and finish refreshments, waste management, logistics and entertainment. Minimal stage operations will take place on BLM Lands. This management plan will focus on route operations and venue operations that occur on Public Lands. The primary activities on trails include: • The Race — Participants compete over dirt roads and trails. Stages may vary in distance from 25-40 miles per day. The race is a mass start each day, starting at 8:30 AM everyday. • Course Marking and Control — The course is marked 1 day in advance by bicycle and runners. The course is marked using surveyors tape and coroplast arrow signs. Up to one motorbike will be used on Stage 3 to: I) check markings in the morning prior to the start ii) ensure that participants are on course iii) sweep the last riders and clean marking and any garbage from the course and iv) respond to any issues that arise during the course of the event. Course control staff is in communication by cellular phone, satellite phone and/or radio. Bicycles will be used when motorized access is not permitted. • Medical Response — TransRockies will contract with Event Medical Support (Melissa Nerone) and the Grand Country Search and Rescue to provide on -course medical and search and rescue support for the event. • Checkpoints — Each day will include 2 checkpoints where participants can get food and water, and other support as required. Checkpoints will be equipped with communications equipment and will be located at suitable road accessible locations. • Media — A limited number of videographers or still photographers may follow the race by human power or vehicle on open roads. Other media will typically attend checkpoints by vehicle access, where access is appropriate. • Minimal spectator activity is expected on the course. TransRockies has prepared a plan that details permitted viewing locations for each stage. Spectators will be strongly discouraged from attending sensitive parts of the route. The primary activities at staging locations include: • Finish/Start Location — a portable metal arch (up to 18' wide) and approx. 200 feet of metal fence are used to create the finish and start chute for each stage of the race. An announcer with a PA system (2 speakers) and a timing company (2 people) are present during the start and the finish of each stage. Moab Rocks 2018 Proposal and Management Plan Page 114 of 265 9 6-1 Special Events/Permits " Overnight accommodations  All participant and crew accommodation will utilize the existing hotel and camping facilities in the town. " Medical Support  The medical team will be stationed at the finish of each stage, offering medical support and athletic therapy. In addition, rescue and emergency response will be handled from this location. " Food  Participants will dine on their own. " Entertainment  There will be an outdoor announcer and PA during each day from 7:30 AM to 8:10 AM (start) and from 10 AM until 3:30 PM (finish). In the evening there will be a daily awards ceremony, video, and photo presentation from 5:30pm-7:30pm at Swanny Park. " Exhibitors  Event sponsors will have a presence at the staging locations with commercial signage on temporary structures and tents. The principals of TransRockies US LP have successfully operated the TransAlp Challenge (mountain biking, Europe) for 14 years, the TransRockies Challenge (mountain biking, Canada) for 14 years, the Transalpine - Run (trail -running, Europe) for 12 years, The TransGermany (mountain biking, Germany) for 4 years and the TransRockies Run for 10 years, all using a similar format. Key Areas of Concern " The event creates a generally minor impact in its operating areas, however, due to the distance traveled by participants and the entourage, there are a large number of parties that must be aware of the event and be prepared to accommodate it passing through, including land managers, commercial industrial operators, commercial recreation operators, and other interested parties. Moab Rocks 2018 Proposal and Management Plan Page 115 of 265 6-1 Special Events/Permits Section 2: Purpose and Need This proposal outlines an annual 3-day mountain biking stage race, Moab Rocks, around the town of Moab, Utah occurring in October each year. Establishing Moab Rocks as a long-term recurring race in the region will enable the Moab Rocks to be the premier 3-day stage race in the United States, attracting a strong international field of cyclists while also promoting the significance of public lands and outdoor recreation, benefiting local economy through tourism and related economic benefits, creating a celebration and awareness of the sport of trail mountain biking, and fostering a strong environmental ethic among participants and observers. The proponent aspires to build a strong connection between the event and the community of Moab and also aims to educate participants about the natural environment and public lands that provide the basis for the route. Moab will not only benefit from the revenues that occur during the event but also the related media attention which reaches readers and viewers across the world, assisting the community by supporting its economy through sustainable tourism promotion. The proponent is a professional, experienced event organization which will conduct the race with minimal impact, demonstrating a high degree of environmental ethics, and will also support local trail organizations in improving local trails which will ultimately benefit all recreational users who access the route in the future. Moab Rocks is a unique opportunity not only for participants but for the community, and relevant stakeholders as well. If the race is established as a long-term, recurring event it will result in a symbiotic partnership for community members and leaders, business owners, the Bureau of Land Management, and race participants and organizers. The following section demonstrates the need for the Moab Rocks to be established as a recurring event and details the pertinent benefits, which include: • Promoting the Value of Public Lands and Outdoor Recreation • Supporting the Sport of Mountain Biking • Expanding Tourism Development in Moab • Providing Significant Economic Benefits to the Region • Encouraging Active Lifestyles • Fostering Environmental Ethics and Stewardship Values I. Promoting the Value of Public Lands and Outdoor Recreation Events such as the Moab Rocks are critical to engage a wide variety of new constituents and visitors to our public lands. They emphasize the recreational and intrinsic values of public lands and the importance of being good stewards of those resources. The Moab Rocks is also committed to supporting the local trail organizations. TransRockies Events (including TransRockies Inc. in Canada and TransRockies US LP in the United States) has raised over $80,000 in the past 10 years for organizations such as the Continental Divide Trail Alliance, The Fernie Trails Alliance, Choose Outdoors, IMBA and other local organizations. TransRockies US LP is committed to engaging with local non- profits around the Moab Rocks to support regional trail initiatives. II. Expanding Tourism Development within Host Communities As an iconic national and international event, there is significant media value, which benefits Moab by refreshing its image as a world -class destination for outdoor recreation pursuits. The Moab Rocks route was chosen specifically because of the exceptional scenery, high quality mountain biking, and the wonderful people that reside in the community. Media attention will not only convey the challenges of endurance racing but will also provide the context of the unique community showcasing the event, as well as the majestic desert landscapes and precious natural resources, renowned recreation amenities, and low impact recreation. Media generated from the event is Moab Rocks 2018 Proposal and Management Plan Page 116 of 265 4 6-1 Special Events/Permits richly visual, providing postcard impressions that illustrate the unmatched beauty and quality of life infrastructure of the area. The media value is of critical importance to the region and will help build its reputation as a supreme destination for outdoor recreation. • Earned media value is projected to reach up to $500,000 per year • This broad media attention will help Moab bolster its economy through the annual Moab Rocks event and related -tourism. III. Supporting the Sport of Mountain Biking Nearly seven million Americans participate in mountain biking, making it one of the most popular outdoor recreation activities according the Outdoor Industry Foundation. The mountain states possess a strong community of mountain bikers, and this event builds on the existing heritage of mountain bike riding and racing in the region while introducing a new format to the area. This event format is innovative because: • It immerses bikers in the natural environment during the day, while keeping them in non -sensitive areas overnight. • The event takes place over three days while the majority of other races occur over one day. IV. Providing Significant Economic Benefits. The economic benefits of the Moab Rocks will also benefit local communities. The annual event budget during the proposed period will be between $60,000 and $200,000 for a total five-year budget of $0.3 - $1 million. Each year, approximately 50%, or $30,000 - $100,000, of this budget is anticipated to be spent on expenses in the region that will host the event. An additional 20%, or $12,000 - $40,000, of total expenses will be infused into other local economies in Utah to encompass event crew wages, production of print materials and embroidery, RV and car rentals, and other travel costs. Table 1 highlights some of the annual detailed expenditures by type of spender for the event. Other important considerations: • The event occurs after the other existing major fail events, creating additional economic impacts that would otherwise not be infused into local economies. • Organizers highly encourage participants to purchase goods in local communities rather than during their transit. • As the Moab Rocks gains additional participants, sponsors, and media in the future, as projected in Table 1.1. Expected Levels of Use 2015 - 2017, economic impacts will also increase benefiting local economies exponentially. If the Moab Rocks were established as a recurring, annual event, and participation increases over time, economic impacts could be similar to the Canadian TransRockies Challenge, which has over 350 participants. The TransRockies Challenge can serve as a reasonable economic model because the race format is similar and the course also traverses several small mountain communities with local economies that are heavily reliant on tourism and outdoor recreation. The spending analysis study for the 2006 Canada TransRockies Race revealed that spending by participants and sponsors totaled nearly $700,000 (in U.S. dollars) for a 7-day race. • It is expected that a large number of Moab Rocks participants will travel with non -participating family and friends to create a combined competition/vacation trip, also visiting nearby attractions and National Parks. This boosts spending relative to other events. Moab Rocks 2018 Proposal and Management Plan Page 117 of 265 5 6-1 Special Events/Permits " Moab Rocks will utilize the local accommodation base exclusively, instead of relying largely on camps like the TransRockies Run does. This will also significantly boost participant spending. " Values in Table 1 are estimates based on prior similar events and do not include local and state taxes related to these expenditures or factor in the multiplier effect of employment and wages supported by the event or return trips to the region inspired by the runners introductory experience in the area. " In addition to the event, organizers take multiple trips to the region throughout the year to coordinate with community leaders and local businesses, refine race details and logistics, and map the route. Table 1 provides an estimate of expenditures by type of spender for the Moab Rocks and Table 2 highlights more specific spending patterns for participants and supporters for the inaugural 2007 Colorado TransRockies Run (6 days). Table I: Estimated Annual Economic lmpacts of the Moab Rocks Expenditures by Type of Spender Estimated Regional Total Value Inclusions Organizers $60,000 - $200,000 " Catering for participants, staff, and VIPs " Venue rentals and sponsor hospitality " Event crew and rescue and medical support team wages " Crew hotels and meals " Equipment and supplies " Permits (municipal, county, BLM) " Airport transfers " Truck rentals, fuel for event vehicles, and storage bay rental " Equipment rentals (generators, P.A., etc.) " Portable toilets and garbage containers " Incidental spending by crew (food, entertainment, sundries, souvenirs, etc.) Participants $60,000 - $250,000 " Accommodations, meals, entertainment, and groceries during the event " Trip -related expenditures prior to and after the TRR Sponsors $5,000 - $10,000 " Hotel room nights " Meals and supplies " Fuel expenses and incidental spending V. Encouraging Active Lifestyles The Moab Rocks is an inspirational event for observers, volunteers, and community members motivating them to engage in cycling and other recreation activities. " Local leaders have witnessed increased participation rates in cycling and endurance events within their communities as spectators witness and embrace the sport of trail running, ultimately promoting physical activity and improving public health. VI. Fostering Environmental Ethics and Stewardship Values The Moab Rocks has been intentionally designed to have the least possible impact on the environment, host communities, and Public Lands. Some of these considerations include minimizing the carbon footprint and advocating Leave No Trace principles. Moab Rocks 2018 Proposal and Management Plan Page 118 of 265 a 6-1 Special Events/Permits " Overall, the Moab Rocks has a significantly low carbon footprint, since most travel is human -powered (i.e. cycling). A relatively small number of vehicles are used to transport infrastructure between stages. Participants are also able to park their vehicle for the three days of the event. W'ti, " As a partner of Leave No Trace, the TransRockies Run will play a substantial role in promoting responsible and ethical backcountry recreation by abiding by the Leave No Trace principles, and providing opportunities for educational outreach to participants and observers. These principles are adamantly adhered to and to the organizers' knowledge no other event has an equivocal environmental standard. " Whenever possible, organizers also recycle materials such as water bottles, aluminum cans, etc. Moab Rocks 2018 Proposal and Management Plan Page 119 of 265 7 6-1 Special Events/Permits Section 3: Description of The Operation & Activities Offered 3.1 General Description of Operation 3.1.1 General Area • The general geographic area where the event is held is the BLM managed lands surrounding the City of Moab. • Refer to the route maps. 3.1.2 Base Operation • The base operation moves each day to be positioned at the finish of each stage, and at the in -town event headquarters. Base operations include the medical headquarters, race office, and race services such as finish line meals. Base operations take place on public or private land and will be made up of temporary structures (tents) and vehicles. 3.1.31mprovements • No improvements are required. 3.1.4 Access • Clients will join the race in Moab and minimal additional driving is anticipated. • Organizational Vehicles (Trucks, RVs, Cars) will use the public highway system to access staging areas. • Check points will be accessible by public roads to support personnel (pickup trucks). Moab Rocks 2018 Proposal and Management Plan Page 120 of 265 fR 6-1 Special Events/Permits 3.1.5 Staff Projected staff numbers: Staff Category Experience and/or Certificates 2018 2019 2020 Volunteers 18 or older 24 25 25 Event Staff Event Experience 13 14 15 Medical Crew EMT / RN / Paramedic 6 6 6 Timing Crew 3 3 3 Massage Therapists 10 10 10 TOTAL 56 58 58 Total On -Course 8 8 8 Total at Control Stations 6 6 6 Moab Rocks 2018 Proposal and Management Plan Page 121 of 265 4 6-1 Special Events/Permits 3.2 Commercial Recreation Activities Offered On Public Land 3.2.1 Description of Experience Being Offered • The Moab Rocks experience is unique. Drawing from the traditions of European cycle racing (like the Tour de France), Adventure Racing (like the Eco Challenge), and elite trail endurance cycling competitions (like the Leadville Trail 100), the format is a mountain biking stage race. Participants accumulate time over the course of three days to achieve an overall standing. The experience of the Moab Rocks will be an unique and powerful one, characterized by the following features. • Camaraderie — The experience of racing with the same group over a number of days is one of shared emotion. The intensity of emotion increases over the course of the event. There is also camaraderie that develops between racers and within the support staff to become a cohesive group by the end of the event. • Mixed Ability — A certain level of fitness is required to be able to complete the event, but we place no restrictions on who can enter the event (except for a minimum age of 15). For this reason, it is possible for a sixty -year -old insurance broker to line up next to a thirty year old Olympian. The slower riders may take up to 3 times as long to complete the distance, but they can compare their performance on a "level playing field". The average age of participants in similar events is approx. 41. • Typical Day • Participants will look after their own accommodations, and will be encouraged to stay in local hotels and campgrounds. • Riders will make their way to the start area from their location in town by bicycle. In cases where the start is a long distance from town, a shuttle will be offered from the race headquarters. • Participants report to the start area no later than 8:00 AM. An announcer is on -site with local officials for the start of the stage. • The stage starts at 8:30 AM sharp (8:OOam on Day 1, 8:30am on Day 2 & 3). The group of riders departs at a brisk but sustainable pace and then slowly starts to spread out and disperse. After the first 5 miles the pack has separated into individuals and small groups. • The first control station is around the 10-20 mile mark, or mid -morning. The riders will stop, fill water bottles, and eat some fruit and energy bars. • On each day, the riding challenge will be different, but there will usually be one or more major challenges, including major climbs, or sections of technical trail riding. Sometimes weather can be a major factor. • Riders will pass through the second and third control stations throughout the course of the route, stopping each time for food and drink. • Depending on the stage, the fastest riders may finish before noon, and the slowest riders may finish as late at 2 PM. Riders are greeted by a large or small crowd (depending on location) of fans and supporters, and are welcomed across the finish line by the announcer. • For those finishing in the afternoon, many will take an afternoon meal in town. Riders will take a shower, get a massage, and look after medical issues. • The evening awards ceremony starts at 6:30 PM at the race headquarters. The ceremony recognizes the stage winners from all categories, as well as the overall category leaders. The awards are followed by a motivational video presentation from the day's stage. • Riders retire to their accommodations. 3.2.2 Projected Level of Use • See Table 3.1 next page Moab Rocks 2018 Proposal and Management Plan Page 122 of 265 in 6-1 Special Events/Permits " We have capped registration for 2017 at 300. We expect that the event will be sustainable at a larger size, but will take a stepwise approach to annual field size increases to make sure that impacts remain manageable and the rider experience is high quality. 3.2.3 improvements " Minor trail maintenance will be required for all single-track trail along the route (non -motorized portions). TransRockies will work with local volunteers and trail organizations to make sure the required maintenance is completed prior to the race. BLM guidelines will be used in the case of any trail work. Table 3.1 Expected Levels of Use 2018 - 2020 Category 2018 2019 2020 Field Limit 300 400 400 StaffNolunteers 30 40 40 Supporters 200 300 400 TOTAL 1056 1258 1258 Total for overnight staging locations 570 575 575 Total for Transient Route Use 615 615 615 Moab Rocks 2018 Proposal and Management Plan Page 123 of 265 11 6-1 Special Events/Permits Section 4: Route Description & Referrals to other Landowners 4.1 Stage 1 — Porcupine Rim Trail 4.1.1 Description (See Maps attached) • Departing City Park Eastbound on W4OON • Turn right onto N100W • Turn Left onto E1OOS • Turn right onto S400E • Turn Left onto Mill Creek Drive • Continue Straight on Sand Flats Road • Turn left at the Stock Tanks • Continue on Porcupine Rita Trail • Finish timing point above non -motorized singletrack gate • Riders to continue under caution to Highway 128 4.1.2 Referrals Required 4.1.2.1 City of Moab 4.1.2.2 Grand County Roads 4.2 Stage 2 — Klondike 4.2.1 Description (See 2 Maps attached) • Start at Klondike South (parking lot right of Hwy 191) • Go down the Klondike 4x4 road to the next parking lot • Left Turn onto Copper Ridge 4x4 Road • Take a right onto Baby Steps heading uphill • Follow this to UFO • UFO -take a right onto Little Salty • Left onto Baby Steps North heading downhill • Right onto EKG • Right onto Mega Steps uphill • Lett onto Alaska Trail • Alaska Trail DH all the way to Dino Flow • Dino Flow to parking lot • Finish at the trailhead Moab Rocks 2018 Proposal and Management Plan Page 124 of 265 19 6-1 Special Events/Permits 4.3 Stage 3 — Gemini Bridges — Magnificent 7 4.3.1 Description (See Segment 3 Maps attached) • Start at Gemini Bridges Parking Lot • Turn Right onto Arth's Trail • Turn Right onto Getaway Trail • Turn Right onto "Shortcut" Trail • Turn Left onto 7-Up Trail • Straight Across Gemini Bridges Road • Straight onto Bull Run Trail • Right onto Gemini Bridges Road • Right onto Great Escape • Right onto Little Canyon Singletrack • Turn Left on Gold Bar 4x4 road • Turn Right onto Gemini Bridges Road • Turn Right into Gemini Parking Lot • Finish in Gemini Parking Lot 4.3.2 Referrals Required 4.3.2.1 City of Moab 4.3.2.2 Tracy Balsley land rental (Gemini Bridges Parking Lot) Moab Rocks 2018 Proposal and Management Plan Page 125 of 265 14 6-1 Special Events/Permits Section 5: Route Operations 5.1 Route Marking 5.1.1 Marking Materials 5.1.1.1 Flagging Tape. We will use a plastic flagging tape to mark the route at least 4 times per mile. More tape may be used where the route is ambiguous or where there is an intersection. Tape will be attached to existing posts or to our own wooden stakes wherever possible. In some cases the tape may be attached to tree or bush branches. All tape will be removed as each stage progresses following the last rider. 5.1.1.2 Coroplast Arrows. Arrows with the event logo will be used at key intersections, attached either to existing posts or to our own wooden survey stakes. 5.1.1.3 Spray Chalk. In some areas, spray chalk will be used on the ground to mark the route where not possible to clearly mark with arrows or tape. Spray chalk washes away with water and is non -toxic. The sweeper will wash away the spray chalk with a water bottle at the completion of each stage. 5.1.2 Marking Procedure 5.1.2.1 Trailhead Postings. Trailheads along the route will be sign -posted 2-weeks prior to the event to make other trail users aware of the event. 5.1.2.2 Schedule. Marking will take place starting up to 4 days ahead of the race, following the route from north to south. A lead motorcycle or mountain biker will check markings in the morning ahead of the racers. (Motorcycles will only be used where permitted). 5.1.2.3 Cleaning of Markings. Flagging tape, chalk spray, coroplast signs, event postings, and survey stakes will be removed as the race progresses by the sweep riders (2) each day. 5.2 Course Control 5.2.1 Event Regulations 5.2.1.1 Participants are required to stay on the designated route. 5.2.1.2 Any shortcutting is grounds for disqualification. 5.2.1.3 Littering or improper disposal of human waste on the course is grounds for disqualification. 5.2.2 Map Book. All Participants are provided with maps for each stage, although they will rely primarily on course markings 5.2.3 Course Control Crew 5.2.3.1 The course control crew will be 3-4 staff members traveling with the field of riders. This crew will be motorized when permitted and otherwise non -motorized (mountain bike). Course Crew will have radios and sat phones. 5.2.3.2 Crew Positions • Lead / Fore -Runner — Leads the runners and checks course markings • Mid -Field — roams the field in case of emergency. • Follow/Sweep — follows the last runners to clear the course, identifying any missing runners at control stations, and removing course markings and any garbage. Moab Rocks 2018 Proposal and Management Plan Page 126 of 265 1d 6-1 Special Events/Permits 5.3 Road Safety 5.3.1 Marshals 5.3.1.1 Marshals will be positioned at major road crossings and entrances (state highways and county roads) 5.3.2 Signs 5.3.2.1 "RACE IN PROGRESS" Signs will be placed on the following roadways: • Stage 1: Sand Flats Road • Stage 2: Klondike Bluffs • Stage 3: Moab Bike Path Crossings, Gemini Bridges Road 5.3.2.2 TransRockies will follow the UDOT guidelines for special event signage. 5.3.3 Regulations 5.3.3.1 Riders will be required to stay to the right shoulder on roadways, unless otherwise designated and signed. 5.4 Check Points 5.4.1 Spacing. Check Points will be spaced approximately 10-20 miles apart, and typically 10-20 miles from either the start or finish. In some circumstances there may be additional check points for safety or control purposes. 5.4.2 Access and Locations. See check point locations on attached map set. All check points will be road - accessed so that 2WD vehicles may service them. 5.4.3 Services Provided 5.4.3.1 Drinking water and energy drinks for all participants 5.4.3.2 Fruit and Energy Bars for all participants 5.4.3.3 Emergency communication by sat phone 5.4.4 Facilities 5.4.4.1 Tents — (1-2) 105(10' Portable Tents with (1-2) 8' tables 5.4.4.2 Garbage Can and bags -- for empty cups and food wrappers 5.4.4.3 Staffing — approx. 3-5 staff per control station 5.4.4.4 Space — Checkpoints take up between 1000, and 2000 square feet, depending on space available. This includes supply vehicles. 5.4.5 Schedule (closing times are contingent on accounting for all runners, start times may be later on first and last day) 5.4.5.1 Check Point 1: 10 AM — Noon Daily (2 hour maximum) 5.4.5.2 Check Point 2: (where required): 11 AM — 3PM Daily (4 hour maximum) Moan Rocks 2018 Proposal and Management Plan Page 127 of 265 1g 6-1 Special Events/Permits 5.4.5.3 Cut -Off Times. Maximum times will be established to reach each check point. After this time, riders will not be allowed to continue to the next check point or to the finish as the case may be. Cut-off times are intended to ensure that all racers are off the course within or close to the 6-hour time limit. 5.5 Spectators on Course. A plan has been developed to give direction to spectators for appropriate areas to view the race, aside from starts and finishes. This information is contained in Appendix A of this document. Spectators will not be allowed on the course, only in designated areas. Supporters caught on course will be grounds for disqualification for their respective teams. 5.6 Rescue/Medical Plan 5.6.1 Coordination. Our Rescue/Medical plan and team will be managed and led by an experienced wilderness medical coordinator. This person will also be the liaison with outside organizations in case of an emergency (National Forest, County, Air -Rescue, Hospitals). 5.6.2 Staff. The Rescue/Medical Team will include: (2-3) EMTs, (1) Athletic Therapist, (1) Registered Nurse, (1) Paramedic, (1) Physician direction by telephone, and (1) Crew Chief. 5.6.3 Trail Medics. There will be 3 EMT medics on course each day, via non -motorized access on non - motorized trails (on foot or mountain bike) and motorized access where motorized access is permitted to respond to medical situations arising on the trail. 5.7 Communication Plan 5.7.1 Two -Way Radio. Ali key staff will have radios. Mobile repeaters may be used to expand the range of the system, when possible. 5.7.2 Satellite Phones. Used for emergency call -outs and back up for radio system. Use 6 Sat. Phones and 2 car units. 5.7.3 Cell Phones. Where coverage is available — all staff carry cell phones. 5.8 Toilets on Course. Volunteers and participants will have access to portable toilets on the route in the following locations: Stage # 1 — Swanny Park Stage # 2 — Klondike Bluffs parking lot near the road Stage # 3 — Gemini Bridges parking lot near the road 5.9 Media On -Course 5.9.1 Photography. A limited number (max. 2) still photographers will be permitted on the course by mountain bike. Motorized vehicle access will only be permitted in areas where vehicles are normally permitted. 5.9.2 Videography. A limited number (max. 2) video cameramen will be permitted on course by bicycle. Videographers may also use open roads to access the course where appropriate. 5.10 Pre Event Disturbance on Trails 5.10.1 Course Marking. Course Marking will occur up to 3 days in advance of the race start. This will be done in teams of two by bicycle. Moab Rocks 2018 Proposal and Management Plan Page 128 of 265 1R 6-1 Special Events/Permits 5.10.2 Course Inspection. Organizers will mountain bike the route to collect GPS data for the route during the year prior to the event. 5.10.3 Participant pre -riding. There will be no sanctioned participant pre -riding of the course. 5.10.4 Check Point inspections. Check points will be each visited once by 1-2 vehicles so that check points staff will be able to locate them easily during the event. 5.11 Post Event Disturbance on Trails 5.11.1 Last Runners on Course. Each day has a latest finish time of 3:00 PM. Cut -Off times will be established for each check point such that no riders should finish after 3:00 PM. In the case that runners are not able to meet the cut-off time for a check point they will be transported by the check point staff to the finish. 5.11.2 Last Rider Sweep. A crew of maximum 4 people will follow the last rider (within 15 minutes). This crew will be responsible to collect all course marking and any litter on course (littering is grounds for disqualification). 5.11.3 Checkpoint Closing. Check Points will close immediately when cleared by the event rescue/medical team upon arrival of the sweep team. Check Points will be cleared of all garbage, equipment and supplies prior to departure of the control station staff. 5.11.4 Mitigation Activities. It is not anticipated that significant mitigation activity will be required to trails due to the bike traffic generated by the event. In the case that mitigation is required, we will plan and schedule this activity with the BLM in such a way that minimizes impact. Moab Rocks 2018 Proposal and Management Plan Page 129 of 265 17 6-1 Special Events/Permits Section 6: Staging Location Operations 6.1 Sanitation 6.1.1 Toilets. Portable toilets provided at a 1:25 ratio for people at the start -finish venues. 6.1.2 Garbage. Garbage cans in the finish area and checkpoint areas will be emptied regularly for disposal at the nearest public transfer station. 6.2 Power. Up to (2) 2 - KW gas generators (Honda Inverter type), or equivalent, will be used at staging areas. 6.3 Expo Tents. May include up to (10) 10' x 10' pop-up tents and 2-3 larger inflatable tents. 6.4 Vehicle Parking at staging areas 6.4.1 Numbers. Vehicle Numbers will follow these maximums: Vehicle Type 2018 2019 2020 Organization Motorhomes 1 1 Cargo Trucks 2 2 2 Pickup Trucks and Vans 3 3 3 Supporter Vehicles 25 30 30 Total 31 36 36 6.4.2 Control. Parking of all vehicles is controlled; with a parking pass required to access all event sites. 6.4.3 Staff. Parking staff will be in place to direct vehicle parking 6.4.4 Closures. No road closures will be required. 6.5 Sound and Noise 6.5.1 Outdoor PA. There will be outdoor announcing and music between 8 AM — 4 PM daily. The system will be a small 2-speaker system. Noise levels will only be adequate to cover the finish and expo area outside. Outside PA use will only occur during daylight hours. k_ 7 6.5.2 Generators. Generators will run when the PA system is in use only. „4/,)4 er 6.6 Finish and Start Area 6.6.1 Fencing — there will be a fenced starting and finishing straight of approx. 300'. 6.6.2 Arch. There will be a metal finishing arch approx. 15' wide and 10' high. The arch will include sponsor logos. Moab Rocks 2018 Proposal and Management Plan Page 130 of 265 1R 6-1 Special Events/Permits Carmella Galley <carmella@moabcity.org> Moab Rocks Libby Vaccaro <vaccarol@grandschools.org> To: Carmella Galley <carmella@moabcity.org> Kevin McDonald approved with us. They will be using the HS parking lot to stage the race Saturday 4/14/18 from 6:30am to 9:00am and then Sunday 4/15 from 7:00am to 7:30am. -Libby- [Quoted text hidden] Wed, Mar 7, 2018 at 1:11 PM Page 131 of 265 6-1 Special Events/Permits Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 221411 Receipt Date: 02/09/2018 Timestamp: 02/12/2018 02:26 PM Payor: TRANSROCKIES US LP SPECIAL EVENT FEE-MOAB ROCKS 1032160 FLAT BUSINESS LICENSES CLASS IV BEER LICENSE FEE-MOAB ROCKS 1032110 BEER LICENSES PARK DAMAGE DEPOSIT-MOAB ROCKS 1036200 PARK RENTALS PARK USE FEE-MOAB ROCKS 1036200 PARK RENTALS 200.00 90.00 200.00 730.00 $1,220.00 Credit Card - XBP $1,220.00 Tendered Amount: Cash Back: Total Applied: if $1,220.00 $0.00 $1,220.00 /4y0- — s-to 1 ),t,t.e Page 132 of 265 6-1 Special Events/Permits Certificate of General Liability & Accident Medical Insurance DAT05MMUD00'IYYYY) PRODUCER Phone: (B00) 747.9573 Fax (303) 422-1276 The Camp Team 0035 Wadsworth Pkwy., Suite 3840 Westminster, CO 80021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Sports and Recreation ProvWars Assoc. (p irchasmg group) and Its members. Trans Rockies US LP 14405 West Colfax Ave., #158 Lakewood, CO 80401 INSURER A: United States Fire Its. Co. INSURER B: United States Fire Ins. Co. INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITEON OF ANY CONTRACT OR OTHER DOCUMENT W RH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR POOL NM TYPE OF INSURANCE TYPE POLICY NUMBER POUCY EFFECTIVE (MM/DD/YY) POLICY EXPIRATION DATE (MAUDIWY) LIMBS A GENERAL UABILGY SRPGP-101-0717 08/11/2017 04/20/2018 EACH OCCURRENCE /$ 1,000,000 X COMMERCIAL GENERAL LIABILITY FERE DAMAGE (Arty one fire) $ 300,000 CLAIMS MADE X OCCUR MED. EXP (Any one person) /$ 0 X INC ATHLETIC PARTICIPANTS PERSONAL 6 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5.000,000 PRODUCTS-COMP/OP AGO. $ 5,000,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY leer accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ B ACCIDENT MEDICAL TO be determined 08/11/2017 04/20/2018 MAXIMUM MEDICAL BENEFIT PER CLAIM $ 10,000 X Excess To Primary Health Ins. ACCIDENTAL DEATH 8 DISMEMBERMENT $ 2,500 X Policy will not cover primary health insurance deductibles, co -pays, program Emits, or out of network care. d injured party does not have primary care. exess crnerage becomes primary. DEDUCTIBLE PER CLAIM $ 500 EXCESS / UMBRELLA LIABIL TY EACH OCCURRENCE $ OCCUR 1 1 CLAIMS MADE AGGREGATE $ I$ DEDUCTIBLE $ RETENTION $ t$ OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONS Athletic Events Additional Insured(s): Certificate holder is added as additional insured in regards to the operations of the insured. CERTIFICATE HOLDER CANCELLATION City of Moab 217 East Centre Street Moab, UT 84532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,�% `f/�a�l� �' Harold Leid Page 133 of 265 6-1 Special Events/Permits Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 6-2 Title: Approval of a Request for Amplified Music at Old City Park on June 1, 2018. Date Submitted: March 1, 2018 Staff Presenter: Carmella Galley Attachment(s): Request Letter Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for Bill Groff s 70th Birthday Party on June 1, 2018." Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Bill Groff's 70th Birthday Party is requesting amplified music. Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. Page 134 of 265 6-2 Special Events/Permits 1 March, 2018 Moab City Council To Whom it may concern, I am requesting a permit for amplified music at the Old City Park on June 1, 2018. I have paid for the reservation and permits for that date. This will be a birthday party for an old person who is turning 70 years old. Thank You Bill Groff 772 Mil!creek Dr. Moab, Ut 84532 435-259-5445 — home 435-719-5071— Cell wmjgroff@hotmail.com Page 135 of 265 6-2 Special Events/Permits Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 6-3 Title: Approval of a Request for Amplified Music at Old City Park on Monday, September 3, 2018 for the Moab Music Festival. Date Submitted: March 5, 2018 Staff Presenter: Carmella Galley Attachment(s): Request Letter Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for the Moab Music Festival on September 3, 2018. " Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. The Moab Music Festival has paid all fees and is aware that the Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. Page 136 of 265 6-3 Special Events/Permits MOAB MUSv FESTIVAL kVA riiLcsic in concert with the landscape March 5, 2018 Moab City Council 217 East Center Moab, UT 84532 Dear City Council Members, The Moab Music Festival respectfully requests an approval for amplified music for our reservation at Old City Park on Monday, September 3, 2018 for the Moab Music Festival's Rocky Mountain Power Family Picnic Concert. We make this request in order to offer a free amplified music concert to the general public as part of the Festival's Education and Community Outreach Program. The concert will take place at 2:00 p.m. for approximately two hours. We appreciate your consideration of our request and are happy to answer any questions that you may have. Sincerely, Erin Groves Festival Coordinator Michael liarrett, Music I)irector • Ieslie lornkins, Artistic fire(-1(,j irIll Smith ,\4ri,i1), [Lila r, iiP,Ne 13714fRgS) tisi(-rest.ory 6-3 Special Events/Permits Erin Groves From: Sent: To: Subject: VEY OP MOA.B Xpress Bill Pay <no-reply@xpressbillpay.com> Monday, March 05, 2018 11:04 AM erin@moabmusicfest.org Xpress Bill Pay Payment Erin Groves, Your City of Moab payment was processed! You may want to keep copy of this email for future reference. Here are the details of your payment: - Billing information - Erin Groves Moab, Ut 84532 435-259-7003 erinamoabmusicfest.orq - Payment information - Transaction Status: Successful Confirmation Number: 40961643 Transaction Number(s): 81449754PT Transaction Amount: 415.00 Transaction Date: 2018-03-05 - Payment Detail - Description Reference # PARK RENTALS OCP 932018 Amt per Item $415.00 1 $415.00 # Items Total Amt If you have any questions or concerns please Contact Us. Thanks again for using Xpress Bill Pay! You are receiving this email because this email address was attached to a payment made at www.xpressbilbay.com. Please de No-r reply to this email (no-replytaxprossbillpay.com), as this account is not monitored and you will NOT receive a response. ® Xpress Bill Pay 2018 � $s it.yAs 1 Page 138 of 265 6-3 Special Events/Permits Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 6-4 Title: Request of the use of Sun Court during the 2018 Moab Music Festival on the evenings of Friday, August 31, 2018; Friday, September 7, 2018 and Sunday, September 9, 2018. Date Submitted: March 5, 2018 Staff Presenter: Carmella Galley Attachment(s): Application for Special Use of City Park Options: Approve, deny, or modify. Recommended Motion: I move to approve the Special Use of Sun Court for the Moab Music Festival on the specified dates listed above. Background/Summary: The Moab Music Festival is an annual event that draws both locals and tourists. The Festival is requesting the use of Sun Court during intermission of various performances in Star Hall as well as for a Moab Artist Studio Tour. The applicant is aware that Star Hall is a County facility and requires separate approval. Applicant has paid all park fees. Page 139 of 265 6-4 Special Events/Permits City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Events Coordinator's office at not less then 60 (sixty) days prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fees, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information ,t Name of Person Responsible for Use of Park: (lkimieS, LZak`-'""� '� '�-� ' `D "'j "` Name of Organization and Event if applicable: 004 �yJiAl tC �� vvv Address:6' F-561- az atti+-1 Day Phone: 51— 91:)03 Email: Pi iVt _e i11.0— Ib D810j-Cf.&5f ,U� Proposed Park Usage Information Which park to you intend to use? Swanny Park- Other (please indicate name of park. 51-nn00014` Please indicate the proposed dates and times of use: ?N �!g} 9 ( 441 S } cirV� Proposed Start Date: Start Time. k-D am End Time Proposed End Date: Start Time: am/pm End Time - Please specify what areas of the park are proposed for use. 3011P ir+ (ertflt'QS��� : SliAf,t,o Tot ur on gf aI TAlen1nistiovVouzidoor Nimeracd-on/61-r-�� L �bas— u. ina dovirtpC For Swanny Park, please show in detail on the attached diagrams, w h areas of the park are proposed t be used. Show locations of all structures and facilities. Number of participants you expect: < S(-) Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Noifle) c� � - �, S131/4 itlMcatoStudco-rcurCM-isi sje.ar-ls p(Ct'tl`'i 6-6! Will amplification be required for your event? Yes No Please specify any electrical needs for your event: SIT-eflfa.i lt49 (1ThIrl.g i -tr Sbne.4" Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control am pm COZIA dQ am/pm j Mp h+'-�' t- devices, use of volunteers, etc. should be described. lA Igo hive 31,0,0 riot IAf k -t � re-AtA • Volw*ers aftc/ "If you anticipate any steet`cioures for your event, please deseti a below, and show on the accompanying diagram. N�� PLEASE COMPLETE OTHER SIDE Page 140 of 265 6-4 Special Events/Permits Do you intend for the park to be open to the public during your event? ' Yes No U__(1 U5Z Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes No Yi For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No X c +Cu -kati ease descr' any security or owd control measures you plan for use of the park: c � Q 0,avor# (4,50) , IT \e,t3_ 0 vs, 131-0) In Ivy r For groups over 100 people, please describe your refuse control and recycling plan: N/A--- rn ' ort+3 VLtug �� rarna�n `sir\ � �' . y pp Please describe yr clean-u Ian during and after the event: Please describe your restroom facility plan: 5ar ki-ka Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: rn r ��� �1,�, Q hv . PRrernt� �� +8 31a1 g m�7 � x Q c� M ToanU Si o���u^r frichnne/4o� irtP� , l I t ` �? PMpecify and describe other community or city facilities that you plan to use: r ,` -- C,, fii a�} Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No 1 certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date: Office Use Only Public Works Review. Police Department Review: Park Use Fee. Date Fee Paid. Date of City Council Approval: Insurance Received' Final Set up Diagram Received' Special Conditions or Requirements: Administrative Review: Other Required Permits and Approvals Page 141 of 265 6-4 Special Events/Permits Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 223013 Receipt Date: 03/05/2018 Timestamp: 03/05/2018 12:38 PM Payor: ERIN GROVES MOAB MUSIC FESTIVAL -SUN COURT RENTAL-3 DAYS 2336560 OTHER INCOME 75.00 $75.00 Credit Card - XBP $75.00 Tendered Amount: Cash Back: Total Applied: $75.00 $0.00 $75.00 Page 142 of 265 6-4 Special Events/Permits Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 6-5 Title: Approval of a Private Property Vendor License for Melissa Mattson, d.b.a. Nom Nom Doughnuts, located at 391 South Main Street for a term of March 29, 2018 to June 4, 2018 and September 8, 2018 to November 12, 2018. Date Submitted: February 22, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant is seeking approval for a Private Property Vendor license at the Moab Cyclery property at 391 South Main Street. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Melissa Mattson, d.b.a. Nom Nom Doughnuts, located at 391 South Main Street for a term of March 29, 2018 to June 4, 2018 and September 8, 2018 to November 12, 2018. Recommended Motion: "I move to approve a Private Property Vendor License for Melissa Mattson, d.b.a. Nom Nom Doughnuts, located at 391 South Main Street." Attachment(s): Vendor Application Page 143 of 265 6-5 Special Events/Permits t- DATE Palo; AMOUNT PAID: RECEIPT No.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL. APPROVAL —YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAN 84532 (435) 259.5121 I FAX (435) 259.4135 PLEASE MAKECHECKS PAYABLE TO: CfrYOFMOAB Bus oss NAME: W3A BUSINESSMAIIINGA9D M: e-mai address: . rovvin Lyn tiiu location(s) where business w9 be conducted: Attach agreement of aulhorizadon from properly owner(s) yl�o Including employee use of Restrcom FeaTl:lies Length of time anal. speck dates business veal be conducted: Proposed hours of aeration' 708 Type {see definitions): O Cart [] Velkte H Display Apparatus Vendor Type (see definitions): © Street Vendor 0 Sidewalk Vendor 0 Private Property Vendor ❑ Local Vendor Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: FEE: $ (AS DETERMINED at RESOLUTION) LICENSE It ZONE: C�3 BUSINESS f -�'l /3y so °IDS 3 STATE: w \I Zii': O s V l.1 1 L1 V 11 ' to' l L \I pl t�i )000) u1 A532�h - T 4649 lz- foil-e BUSMEN OM ER'S 141%E4,110a � (4 W201 ` OY.NER'S ADDRESS' IA 5 f)(V 1-1 � n Omen S DRNER UCErISE MUMMER F STATE OR OTHER Pnomnv IDENTITY: DYINER 5 SOCIAL SECURITY NUMBER: _ DATE OF BETH: OPUTATOR'S NAME (IF DIFFERENT FRO.0 OWNER: PHONE: OPSATOR'S ACORESS (IF DIFFERENT FROM owNER): CITY: STATE: ZIP: PINE:541 ao g0g3 Cr4ici( ONI STATE: LP: gl6o i. SATES TAX ID # (ATTACH PROOF RCM llTM TAX CO.WALSSION): � -- MALE REGISTERED WRITE STATE FOR TAX ID: N UI ia�_ ` Db y(i 15 PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. 6 I SEE BACK OF FORMA FOR ADDITIONAL REQUIREMENTS! Page 144 of 265 6-5 Special Events/Permits THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISiSkME`\A0.-i4oTO 0 P�R{11A BU,INESS IN THE CITY OF MOAB 1MTHOUT A CURRENT BUSINESS LICENSE HZAMM) •I,G\J 11 NSE REGULAT S AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE NTAINED HE EIN TRUE UNDERSTAND TH.5 LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AGREE To ILE E '' O' REPORTS WITH THE STATE OF UTAH svotur0 or Aaphca Wt-Prhitn Stale of-Litah' ttPrI ) § FINITIONS: i Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY day of v' o9>:1... A. 1-i:,,, en • . ol.,:v Pis iI:l 4 I;ounty a. 1.;�' -1: State �: � 1 r_ d iuian `., 1 /j1 'tic „„/iylf7 TComm?.slcrlE:;;>ile:3 iLl�—✓l-1—I ...... .......•ewe., ......._.. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. • Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. :- Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. r • Vendor:Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14* o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. • Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ',- Sidewalk vendor. Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. i Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. iI 27 1.9i 7' :RUMNESS 1.1 'ENSI,Skfil1S f,K' PORSLS'.IAus l.ic - render r'evrsurr &KA- Page 145 of 265 6-5 Special Events/Permits VENDOR APPLICATION CHECKLIST \fti DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: OIDIMENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE T SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS ONE FOOT SHOWING: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY UNES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY tiff SIGN PLAN ❑ CERTIFICATION OF INSURANCE (1F OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM Si HEALTH INSPECTION REPORT (IF APPLICABLE) IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ZONING COMPLIANCE EVIDENCE COMPLETE ATTACHED COMPLIANCE FORM ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) Cid FIRE OR BUILDING INSPECTION (IF APPLICABLE) L COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 2 7/2Q18 T.' BUSINESS LICENSESI BUS LIC FOR 1IS1 Bus Lrc - i endor rerison.docr Page 146 of 265 6-5 Special Events/Permits i .® LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: 0 APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING O APPROVED 0 DISAPPROVED REASON(S): CITY RECORDER ▪ APPROVED 0 DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: 0 APPROVED ❑ DISAPPROVED REASON(S): Il ..I I__/ IIMINgim Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $60 [one time fee ,Solid Waste fee/R0.1 vendors OD j per month or partial month LirrRed Tom (les5 tharr 30 days) $610 Flat Fee (include's.aalrni ilstrative fee WpgaTeinn ti month42 mpnthsj $20 .p r month (plus adoitfee): 'Waived for local vendors with permanent business address in Grand County 21/2 J18 1-:'BUSINESS LICENSF.SIBUS LIC FORMIBus !tc - 1 endor rewson dacx Page 147 of 265 1 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MoAB, UTAN 84532 (435) 259-61211 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: C� INBP9CTENt5REOURiEDFOR ANEyGSiNGBUSINESS ADOE6ANMSERIACE(S).'R ICANS S): Yit OTHER, PLEASE EXRABC U uLda f BUSTS NOM BusilEsS moREss:1145. TYPEOFBUSINESS {lE]fPIANINDem): '62ari Wild Of 6'6111 11 all . 10651 -- 1111 r-ter B. p.541,35Dg9h J DwIIEafi PHONE` � t/V V 1 � (_] cut rii uti. aitYgoP THE FOLLOWING INSPECTIONS MAY BE REQUIRED- PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 BAST CENTER INSPECTION REQUIRED: 0 YES ❑ No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED 0 DISAPPROVED 0 REASON' SIGNATURE FIRE INSPECTOR (435) 250-5557 45 SourH 100 EAST INSPECTION REQUIRED' Q YES O NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED❑ DISAPPROVED REASON SIGNATURE HEALTH INSPECTOR (435)259-5S02 575 KANE CREEK BLVD INSPECTION REQUIRED: © YES 0 NO (SIGNATURE REQUI1-) ED) IF YES, DATE OF INSPECTION �� APPROVED DISAPPROVED REASON' 07/01/03 6-5 Special Events/Permits Page 148 of 265 BUSINEssPI+oNE:611l(5 D4hN'2) CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MaAs, UTAH 84532 (435) 259-6121 J FAX (435) 259-4135 FOR OFFICE USE ONLY RFJ►eoN FOR !mapECTIDNS: INSPEcnoNS MOWED MAN DIST1NG BUSINESS AIMING A NENSERVICgS). INDICATE SERVICE(5): OTHER, PLEASE wax BuSINESSNAUE: 1161i) o NOW6 BusNEss 1a5 at\A 1n bolt, 3 &am\ kot cw 1 k ito, _ owNEas PHoNE9 135bw 3 THE FOLLOWING INSPECTIONS MAY BE REQUIRP_D, PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER 1NSPECTION REQUIRED: O YES ❑ No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED © DISAPPROVED REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH WO EAST INS :r CTIDN REQUIRED; ES ❑No(SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION 5C11411,414. r� APPROVED DISAPP OVER Otani � Foeb SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUfRED' ❑ YES NO (SIGNATURE REQUIRED) (IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED CI REASON' SIGNATURE o71A1A Page 149 of 265 CITY OF MOAB 217 EAST CENTER STREET' MOATS. UTAH 84532-2534 (435) 259,5121 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, am the owner of the property located at Data: 005 1 1 (Property owner name) 10.ETatty S (papery Address end pared tax V)4\\,1:\LiA61M9�alunderstand that 11 ane ueesue appiicaal) has appl ied for a business license for 1\1 om N om "Dh V ui (npplitaathusiuess name) from the City of Moab and that their business will be located from the above descnbed address. l hereby give my permission to allow this activity from my property and authorize use of my restroom foci ities for em tares of the above listed business. �AIE D fiSPIEK Pnnted Name ignaturc y35159 723 Telephone ff Email Please list additional businesses authorized to use the abovepropedo and restroom facilities: Page 150 of 265 6-5 Special Events/Permits CMS O� OAB Lily oT ivioaa 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To he filled out by the applicant: Name of Applicant: V.7a, tt-k Business Name: Address: 44 5 (5t 0 t1- In., 101k3 \KV61)1\\ VMO Phone: 51.16 b C100 Email: Property Owner: L VOK1 Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑Street Vendor ❑Sidewalk Vendor ❑ Private Property Vendor D Local Vendor ElFood Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): p Cart ❑ Vehicle 1rDisplay Apparatus ( Detailed description of business activities: Mg N�� r ���� h�,�� �� 1 16,S0 MG 00 Mal/9 r',yri � YORItY �� � blth U - Du uilS) MGM \\rol vq11Del r oop 6Nnisi} h5oitcl fle 6i6tic Di YVy 1 Total number of off-street parking spaces: Hours of operation- o��l � r " etay riax - p" `J i rah up\ inko 1i^ � y c�n� ���o To be filled out by city: Zoning: 1 Allowed use per Moab Municipal Code section:..__ .°AC Number of parking spaces required for permanent business. 9) Number of parlcing spaces required for other businesses: Zoning Administrator Page 151 of 265 2;•b- 1 Date 6-5 Special Events/Permits 1 Moab Cyclery satellite view of parking lot P: parking Property is located with v See travel times, traffic and nearby places Covered patio area equipped with f picnic tables for customers. itt ate'- n' } F� P Ss= } `ir 'bp Overflow parking i bro L M.„i ado loop'wr NEON' Bathrooms 410, accessible from outside r Page 152 of 265 , -" r Entrance Iloa area f P -05 -ti s4.!wJad/s�uan3 lopadS 5-9 'a•e 53 o 26 Moab Cyclery property lines Trailer location Page 154 of 265 •-5 S•ecinl Events Permit '---) ' G H N i° dcf414 tl- F11) What is Nom Nom? Pronunciation/ f nam ,nam/ informal, chiefly North American Definition of nom nom in English: Exclamation: [also om nom nom] Used to express pleasure at eating, or at the prospect of eating delicious food Page 155 of 265 6-5 Special Events/Permits The Silver Twinky • Vr} trilr.t.. Our truck is a converted 1969 Airstream Land Yacht. With its shiny aluminum exterior, it is eye catching and customers love sharing their own personal Airstream stories with us. It is 8' wide x 20 ' length and it is commercially licensed and fully contained. 6-5 Special Events/Permits Page 156 of 265 About the owner !. .1 I ij I T. My name is Melissa, and I am the owner of Nom Nom Doughnuts. I created Nom Nom because I wanted to create a place where I could be creative, have fun, and bring people happiness. Always looking for something new and ways to expand, 1 am stoked to be venturing into the food truck and festival seen. OUR MISSION Our mission is to never do things the boring way, we never will. We serve cake doughnuts and yeast raised doughnuts. Our normal size doughnuts are huge, but we also offer mini sizes and holes for special events. Our minis and holes make for the perfect "walk around" food at any event. All of our doughnuts are light and moist, and the cake style has the addition of having a slight crunch. Our doughnuts are made all day long in our food trucks so they're always hot and fresh. They are custom designed and decorated with the freshest ingredients and sauces, and our custom Nom Nom bites are made right in front of you. We have an abundant rotating menu, so our combinations of topping and sauces are virtually endless. 6-5 Special Events/Permits Page 157 of 265 Sweet treats sweet service v1 WAMA Si 4 -f• i Our staff is not only fun, they are incredibly hard working. We are able to hold down the fort in the largest of events, and not only that, we do it with a huge smile on our face. We love to have fun at Nom Nom Doughnuts. We like to party while serving up delicious gourmet doughnuts. We specialize in handmade, fresh, hot doughnuts using only the freshest ingredients. Nom Nom festi bites/ Doughnut Ice Cream Sandwich Page 158 of 265 6-5 Special Events/Permits Menu Nom Nom Giant Doughnut $3 Doughnut Holes SM $4/ LRG $5 Old Skool -- Chocolate glaze *add sprinkles White Out- Vanilla glaze * add sprinkles Zebra - chocolate and vanilla glaze * add sprinkles Summa time - Lemon glaze, fresh berries Pappa Bear - chocolate frosting, caramel drizzle, salty pretzel bits Pina colada - Pineapple glaze, shredded coconut Sweet Tooth organic cane sugar and cinnamon Bumble Bee - Lemon Glaze with dark chocolate drizzle Key Lime Pie - tart key lime icing, crushed graham crackers, white chocolate drizzle Tree Bark - toffee icing, saltine crackers, dark chocolate drizzle Razzle Dazzle - fresh raspberry icing, white chocolate drizzle PB & J- Peanut butter and berry glaze Strawberry POW - strawberry glaze, powdered sugar and jalapeno spicy Strawberry Cheesecake - with graham cracker bits Salty Spud - chocolate frosting with crushed potato chips* 6-5 Special Events/Permits Page 159 of 265 Frenchie - Maple, cinnamon sugar, powdered sugar Apple ]ax - caramel, granny smith apples, and cinnamon Cookie Monster - chocolate frosting, crushed chocolate mint cookies Fat Elvis- chocolate and peanut butter glazes, topped with banana chips and peanut butter chips DRINKS: MD$4 / LRG$5 Strawberry lemonade -- Fresh lemonade with strawberries Watermelon Mint- Watermelon juice with fresh mint Blackberry Ice Tea - Black ice tea with blackberries Arnold Palmer - Fresh black tea and Lemonade Iced Tea - Slow brewed black tea served over ice Iced Coffee- Slow brewed artisan coffee served over ice Frozen Treats Nom Nom Ice cream Sandwich $8- Choice of vanilla or chocolate ice cream sandwiched inside a huge Nom Nom Doughnuts. Fresh Berry Popsicle $4- Frozen pops made from real fruit juice and berries. Other Items Doughnut Grilled Cheese $8 - Artisan cheese grilled and melted between a huge Nom Nom Doughnuts. Page 160 of 265 6-5 Special Events/Permits References Amy Fradley, Program Manager Teton Valley Foundation P.O. Box 50 Victor, ID 83455 307-413-6897 amy@tetonvalleyfoundation.org Jeffrey Potter, Business Manager Center Management, Inc. jhjpotter@yahoo.com (650) 269-0468 cell Jillian Montgomery Market Manager Farmers Market on the Jackson Town Square P.O. Box 3167, Jackson, WY 83001 email: JHFMTS@gmail.com website: www.jacksonholefarmersmarket.com Press • Recently featured on the Cooking Channels Cheap Eats television show • 2015 Best Of Jackson Hole winner • 2016 Best Of Jackson Hole winner • 2017 Best Of Jackson Hole Winner • 2015 Jackson Hole Daily's entrepreneur of the year • Featured in numerous articles on media outlets seen here: http://nomnomdoughnuts.com/?page id=1110 • Facebook : https://www.facebook.com/nomnomdoughnuts/ • lnstagram : https://www.instagram.com/nomnomdoughnuts/ • Website : nomnomdoughnuts.com Page 161 of 265 6-5 Special Events/Permits Events Rendezvous Music Festival 2017 World Championship Snowmobile Race 2017,2018 Contour Music Festival 2016 Jackson WY Rendezvous Festival 2017,2018 2018 Music on Main Summer concert series 2015, 2016, 2017 .-5 5•ecia vents 'ermit Page 162 of 265 Jackson Hole Live Music Series 2015, 2016, 2017 Jackson Hole Farmers Market 2015, 2016, 2017 Jackson Hole Peoples Market 2015, 2016, 2017 Wildlife Film Festival 2015 6-5 Special Events/Permits Page 163 of 265 Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 7-1 Title: Changes to Moab Municipal Code sections regarding procurement and ethics Date Submitted: March 8, 2018 Staff Presenter: David Everitt Attachment(s): - Proposed Ordinance - Memo from City Attorney Recommended Motion: I move to adopt Ordinance 2018-03, an ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees, with the following amendments: [TO BE DETERMINED] Background/Summary: Last week, the Council briefly reviewed the proposed changes to the ethics and procurement provisions within Title 2. Two Councilmembers have proposed relatively minor and non -controversial changes, which will be provided for in motion form at the meeting for consideration and further discussion. Page 164 of 265 7-1 Old Business MEMORANDUM TO: Mayor Emily Niehaus Moab City Council David Everitt FROM: Christopher McAnan RE: Changes to Procurement and Ethics Code —this is a public memo DATE: February 21, 2018 In 2016 the City enacted a number of changes to its procurement ordinance. These changes were made in response to public concerns about contracting procedures and ethics considerations for City employees. Since that time the City has gained experience administering the ordinance, and a revised ordinance is proposed which contains several changes. The City Manager asked that I provide you with a summary of those changes. 1. Ethics Rules First, we moved the ethics provisions to Chapter 2.01 to make them more prominent and visible. It was noted that persons interested in ethics for public officials and employees would not necessarily know to look within the procurement ordinance. Within Chapter 2.01 we left the same the definition of an official or employee having an "interest" in a related person or business entity. Generally an official has an interest in a related person or entity when the party is an immediate family member, or where the official or employee has an a management interest or ownership interest in excess of 10% of the related entity. Section 2.01.010(c). We broadened the disqualification rule in section 2.01.020(B) to make clear that an employee/official must recuse him/herself when that person has an interest in any person or entity seeking a contract, license, permit, or land use approval from the City. The earlier version limited the recusal to simply contracting matters. This language requires recusal when, for example, a Council member would benefit directly from a permit or land use approval granted to a business that person owns. Although Council members have commonly recused themselves in permitting situations in the past, the existing ordinance only required recusal in contracting situations. In subsection 2.01.030(D) we clarified the prohibition on employees/officials improperly releasing confidential information to import the definitions of private, controlled, or protected records contained in the Utah Governmental Records Access and Management Act (GRAMA). The earlier draft was somewhat ambiguous as to the definition of confidential information. Section 2.01.040 was added to state that the remedies for violations of the Chapter include: a) the Council voiding the decision; b) employee discipline for acts in violation of the policy; and/or c) removal of elected officials from office for acts in violation of the policy. However, we made clear that these rules do not afford a private cause of action for third parties 1 Page 165 of 265 7-1 Old Business to sue to set aside a transaction. This same set of remedies is contained in the procurement rules, discussed below. 2. Procurement Rules In Chapter 2.28 the big change is that we have adjusted upward the dollar amount of the various purchasing categories. This was done following consultations with the City Council in 2017. The intent is to make City operations more efficient by giving staff the authority to handle a wide range of necessary purchases, without having to delay action until the City Council approves a purchase. The purchasing agent, Section 2.28.030, is tasked with assuring that funds are budgeted for a purchase, that procurement processes are followed, and that contract provisions are performed. Under existing law the purchasing agent can make purchases up to $10,000.00 without Council approval, subject to a requirement of reasonable diligence to obtain the best price terms. Under the new ordinance, Section 2.28.040, this limit is increased to $25,000.00. At this time purchases over $10,000.00 but less than $50,000.00 are subject to the purchasing agent obtaining three competitive quotes from different vendors and submitting a recommendation to the Council for approval. The new ordinance, Section 2.28.050, provides that purchases over $25,000.00 but not more than $50,000.00 require three competitive quotes, with the purchasing agent to authorize the purchase, or refer the matter to the Council for decision if there is a concern. Currently, purchases over $50,000.00 require competitive sealed proposals and Council approval. The new ordinance leaves this threshold the same. Section 2.28.080. We added some language in Section 2.28.100, the provision that prohibits segmenting of purchases to avoid procurement processes, to provide that repeat retail purchases, such as routine purchases of lumber, are not subject to a procurement process. This was to deal with the problem of repeat purchases from local businesses, particularly of building supplies, running up to a dollar figure which would trigger a competitive process by the end of the fiscal year. In practice, it was difficult for department heads to prospectively engage in competitive quote processes when there are multiple small or routine transactions over the course of the year. In Section 2.28.100(C) we also made clear that where purchases of consulting, professional, or design services are made under small purchasing authority (up to $25,000.00), the cumulative amount of separate task orders shall not exceed $50,000.00 in any fiscal year. This is designed to avoid small consulting contract morphing into large purchases without other procurement processes being followed. Under Section 2.28.110(B), state approved contracts, the new ordinance authorizes purchases of equipment under state approved procurement standards without Council approval for purchases up to $100,000.00. Purchases over that amount require Council approval. The existing law requires Council approval only for state approved contracts over $10,000.00. This is a change that will take many routine purchases, i.e. police and public works vehicles purchases, out from City Council review. 2 Page 166 of 265 7-1 Old Business In Section 2.28.120 we clarified some language to make clear that Council approval of the bills is a check on the purchasing agent certification, but that it is not mandatory. This is to conform to current City practices and reduce the overall Council workload. New Section 2.28.130 provides that the City Manager has authority to sign contracts with a value of up to $50,000.00. Contracts in excess of that amount still require the Mayor's signature. All contracts require that the Recorder attest the signature of the official, as provided in the case of other City obligations. The City Manager's contracting authority was unclear under the old law, so we are clarifying that. A draft of the ordinance is attached. In summary, we have tried to emphasize and expand upon the ethics rules for public employees and officials. We have preserved existing checks on procurement processes. But we propose to delegate more decision making to staff. The intent is to reduce the City Council workload and provide for more timely purchasing decisions. Please let me know if you have questions or concerns. 3 Page 167 of 265 7-1 Old Business CITY OF MOAB ORDINANCE NO.2018-03 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, AMENDING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. In light of experience gained following the recent adoption of the ordinance amending purchasing and ethics provisions, the City determines that a few amendments are in order. d. Additionally, the City wishes to expand upon and improve the visibility of ethics provisions applicable to City employees and officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 200 and enacts the following: Chapter 2.01 ETHICS FOR CITY EMPLOYEES AND OFFICIALS 2.01.010 Definitions. The following definitions apply to this Chapter: A. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. B. `Entity" means a sole proprietorship, partnership, association, joint venture, corporation, trust, limited liability company, or similar business entity. C. "Interest" means a pecuniary, monetary, or other material benefit which may accrue to a City official or employee as a result of any business transaction, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of: 1) A spouse, sibling, child (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; 2) A household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3) A business entity in which the official or employee is an officer, director, manager, or employee; or 1 Page 168 of 265 8-3 New Business 4) A business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. D. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards or commissions. 2.01.020 Provisions Supplemental to State Law. This provisions of this Chapter are supplemental, and in addition to, the provisions of the Utah Municipal Officers' and Employees' Ethics Act, U.C.A. § 10-3-1301, et seq. 2.01.030 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an interest, as defined by this Chapter, in a related person, business, or entity shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that interest immediately prior to any official action or discussion with respect to that related person, business, or entity. For purposes of this subsection, the disclosure is required where the employee or official has an interest in a person, business, or entity or who: 1) Maintains or anticipates entering into a contract with the City; 2) Seeks City approval of a license, permit, land -use application, or similar City decision; or 3) May be subject to regulatory, enforcement, or legal action by the City. 4) The employee or official having an interest as described in this subsection shall not vote or otherwise participate in any decision or official action pertaining to that related person, business, or entity, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their interest in all entities doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's interest in the related entity. D. No Disclosure of Confidential Information Pertaining to City Business. No City employee or official, with respect to any contract, transaction, or decision which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose private, controlled, or protected information concerning the transaction, any actions of the City, or otherwise use such information to benefit the personal or economic interest of the employee or official, or others. 2 Page 169 of 265 8-3 New Business 1) The terms "private," "controlled," or "protected" shall have the same meanings as defined in the Utah Government Records Access and Management Act (GRAMA), U.C.A. § 63G-2-103. E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Using Position to Secure Special Privileges for Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an interest, as defined by this Chapter. G. Disclosure of Persons and Businesses Doing Business with the City. The identity of persons or entities doing business or maintaining contracts with the City is public information which is subject to disclosure pursuant to requests under the Government Records Access and Management Act. 2.01.040 Remedies. The sole remedies for violations of this Chapter are as follows: A. A contract, transaction, or decision which is approved in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council or applicable decision making body. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person who may seek to set aside a particular contract, transaction, or decision. Chapter 2.28 PURCHASING PROCEDURES 2.28.010 Purpose. The purpose of this Chapter is to ensure integrity in the procurement process by assuring that purchases are conducted in an open and competitive manner. Additionally, this Chapter is intended to establish standards of conduct for City employees and officials, and avoid conflicts of interest in procurement decision making 2.28.020 Definitions. The following definitions apply to this Chapter. A. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. 3 Page 170 of 265 8-3 New Business B. "Debarment" means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full-time or part time -basis in exchange for wages. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. F. "Non -Responsive" means a proposal or bid from a person which does not conform to the published requirements for a procurement as to such terms as: quantity; scope of services; price; quality; time of submittal or performance; or other material requirements established by the Purchasing Agent. G. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. H. "Prequalification" means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. I. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. J. "Procurement Threshold" as used in Section 100 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 040, 050, 070, or 080 of this Chapter. K. "Proposal" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars ($50,000.00) which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. L. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. M. "Purchasing Order" means a document issued by the Purchasing Agent whereby the City undertakes to purchase goods, services, or other property from an outside vendor or provider by specifying the types, quantities, price, and other material terms. 4 Page 171 of 265 8-3 New Business N. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. O. "Sealed Bid" means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. 2.28.030 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, fosters broad -based competition, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. All City expenditures shall be properly coded using expense accounting procedures. B. The Purchasing Agent will confer with the City Manager and department heads with respect to the development of requests for proposals (RFPs) where necessary as part of the procurement process. C. The Purchasing Agent shall verify that parties awarded contracts under this Chapter possess all required licenses and permits (e.g. engineering, construction trades licensing, building permits, or the like) needed to perform the specified tasks. 2.28.040 Purchasing Authority- Small Purchases. Upon the request of any department head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of not more than twenty five thousand dollars ($25,000.00) (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor or provider. A. Professional Services, Design Services, or Construction Services procured under this Section shall be confirmed by award of a contract, in the form approved by the City, containing all required specifications. A department shall include minimum specifications when using the small purchase threshold for professional, design, or construction services. 2.28.050 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed twenty five thousand dollars ($25,000.00), but which is not to exceed fifty thousand dollars ($50,000.00), the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be reviewed by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, 5 Page 172 of 265 8-3 New Business availability, and performance of the vendor. The Purchasing Agent, in his/her discretion, may approve the procurement, request additional information, reject all proposals, or refer the procurement to the City Council for a decision 2.28.060 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 050, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; and 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.070 Essential Public Works Projects. For procurements involving Essential Public Works and having a cost in excess of twenty five thousand dollars ($25,000.00) but not exceeding fifty thousand dollars ($50,000.00), the Purchasing Agent and the City Manager may waive the competitive proposals requirement, provided that the Purchasing Agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.080 Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars ($50,000.00) the Purchasing Agent shall solicit sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre - qualify vendors who, on the basis of experience, training, financial strength, past performance, or the like, have the capability to perform. A. Procurements subject to sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability, and performance of the vendor. The City Council will review the recommendation and, in its discretion, may approve the recommendation, request additional information, or reject all proposals. 2.28.090 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: 6 Page 173 of 265 8-3 New Business A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent (5%) greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars ($25,000.00). For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.100 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Annual Review of Program Purchases. Where programmatic or repeated procurements in the defined areas specified in this Section, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with the applicable department head and define an expected scope of procurements for the fiscal year. B. Routine Retail Purchases Excluded. The restrictions of this Section 100 shall not apply to repeat or routine purchases of items from retail businesses where a procurement process would be inefficient (e.g. repeat purchases of lumber, hardware, or janitorial supplies on an as -needed basis). C. Professional, Design, and Construction Services Cumulative Threshold. Where professional services, design services, or construction services are procured under Small Purchases purchasing authority, Section 040, the cumulative amount of repeat purchases (such as separate task orders) in any fiscal year shall not exceed fifty thousand dollars ($50,000.00) for that provider contract. 2.28.110 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The 7 Page 174 of 265 8-3 New Business Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with the other procedures of this Chapter. 1) City Department Heads should seek to obtain competitive emergency purchases by using telephone quotes, internet or catalog quotes, limited invitations to bid, or similar procedures to the extent practicable, and consistent with the need to protect public health and safety. 2) The Purchasing Agent and City Manager shall make a written determination documenting the emergency and the selection of the procurement item. A record of the determination and selection shall be kept in the contract file. The documentation may be made after the emergency condition has passed. B. State Approved Contracts. Pursuant to U.C.A. § 11-13-201 the City is authorized to enter into joint purchasing arrangements with other governmental entities. Where the State of Utah or other competitive purchasing groups have established standard procurement contracts for state agencies which are available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms established by the state or the competitive purchasing group. City departments are encouraged to utilize State of Utah competitive purchasing group procurements where appropriate. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of one hundred thousand dollars ($100,000.00), the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of fifty thousand dollars ($50,000.00), the purchase is subject to City Council review and approval. 1) Sole -source procurement awards do not involve standard procurement process and should only be used when justified after reasonable research has been conducted to determine if there are other available sources, and an analysis has been done to determine if a sole source award is cost justified. 2) Circumstances for which a sole -source contract awards may be justified include: a. A procurement item for which there is no comparable product or service, such as a one -of -a -kind item available from only one vendor; b. A component or replacement part for which there is no commercially available substitute, and which can only be obtained directly from the manufacturer; or c. An exclusive maintenance, service, or warranty agreement. 8 Page 175 of 265 8-3 New Business 3) Prior to awarding a sole source contract, the applicable department shall conduct a price analysis to determine if the same or similar items are available from another source. 4) An urgent or unexpected circumstance for a procurement does not justify the ward of a contract using the sole -source exception. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; extensions of existing contracts, and agreements with interlocal coop entities (e.g. local government mutual insurance agencies). E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 2.28.120 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all account payable items. Upon certification by the Purchasing Agent the invoices and bills shall then be deemed payable as an obligation of the City. During any City Council meeting, the City Council may choose to review the Purchasing Agent's payment certification and, if satisfied as to its accuracy, approve the certification. Any concerns as to whether any expenditure is proper shall be promptly brought to the attention of the City Manager and Purchasing Agent. 2.28.130 Authority for Contract Execution. The City Manager has authority to execute all contracts under this Chapter, including contract modifications, extensions, and change orders, with a contract price of not exceeding fifty thousand dollars ($50,000.00). All other contracts awarded under this Chapter shall be executed by the Mayor. To be valid, the Recorder must attest the signatures of the Mayor or City Manager on all contracts executed pursuant to this Chapter. 2.28.140 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars ($50,000.00). B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts in excess of fifty thousand dollars ($50,000.00), unless alternative security is authorized pursuant to this Chapter. 9 Page 176 of 265 8-3 New Business C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars ($500,000.00) where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. In every construction contract where there is a modification of bonding requirements, or where no bonding is required (e.g. contracts under $50,000.00 in value), the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. E. In every construction contract where there is a modification of bonding requirements, or where no bonding is required, the City is authorized to: 1) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 2) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or 3) alter retainage disbursements. 2.28.150 Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.160 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.170 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.180 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 1) Conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 10 Page 177 of 265 8-3 New Business 2) Failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3) Failure to perform any bid or proposal made to the City of Moab; 4) Engaging in any acts which are a violation of this Chapter; 5) Unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6) Any other cause which the City determines to be so serious or compelling s to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: 1) reject debarment; 2) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 3) issue a partial debarment order limiting, for example, the types of work, total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.190 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: 1) presume that the decision is valid; and 2) determine only whether or not the decision is arbitrary, capricious, or illegal. 11 Page 178 of 265 8-3 New Business 2.28.200 Remedies. The sole remedies for violations of this Chapter (excluding sections 180 and 190 pertaining to contractor debarment) are as follows: A. A contract, transaction, or decision which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person seeking to set aside a particular contract, transaction, or decision. Approved and adopted by majority vote of the Moab City Council. This ordinance shall take effect immediately upon passage. By: Mayor Emily Niehaus Date Attest: By: Rachel Stenta, Recorder Date -End of Document- 12 Page 179 of 265 8-3 New Business CITY OF MOAB ORDINANCE NO. 2016 132018- AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTINGAMENDING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. 13, b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. Membersc. In light of experience gained following the public requested that recent adoption of the City change its ordinances to provide gr nter transparency with respect to ordinance amending purchasing decisions by and ethics provisions, the City determines that a few amendments are in order. E d. Additionally, the City wishes to expand upon and improve the visibility of ethics provisions applicable to City employees and officials. Now therefore, the City of Moab repeals the entirety of MMC_§ 2.28.010 through 070200 and enacts the following: Chapter 2.01 ETHICS FOR CITY EMPLOYEES AND OFFICIALS 2.01.010 Definitions. The following definitions apply to this Chapter: A. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. B. "Entity" means a sole proprietorship, partnership, association, joint venture, corporation, trust, limited liability company, or similar business entity. C. "Interest" means a pecuniary, monetary, or other material benefit which may accrue to a City official or employee as a result of any business transaction, contract, or official act by the Cites For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of. 1) A spouse, sibling, child (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; 2) A household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3) A business entity in which the official or employee is an officer, director, manager, or employee; or 5 Page 180 of 265 7-1 Old Business 4) A business entity in which the official or employee holds legal or beneficial ownership in excess often percent (10%) of the total stock or total beneficial ownership. D. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards or commissions. 2.01.020 Provisions Supplemental to State Law. This provisions of this Chapter are supplemental, and in addition to, the provisions of the Utah Municipal Officers' and Employees' Ethics Act, U.C.A. § 10-3-1301, et seq. 2.01.030 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an interest, as defined by this Chapter, in a related person, business, or entity shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that interest immediately prior to any official action or discussion with respect to that related person, business, or entity. For purposes of this subsection, the disclosure is required where the employee or official has an interest in a person, business, or entity or who: 1) Maintains or anticipates entering into a contract with the City; 2) Seeks City approval of a license, permit, land -use application, or similar City decision; or 3) May be subject to regulatory, enforcement, or legal action by the City. 4) The employee or official having an interest as described in this subsection shall not vote or otherwise participate in any decision or official action pertaining to that related person, business, or entity, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their interest in all entities doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's interest in the related entity. D. No Disclosure of Confidential Information Pertaining to City Business. No City employee or official, with respect to any contract, transaction, or decision which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose private, controlled, or protected information concerning the transaction, any actions of the City, or otherwise use such information to benefit the personal or economic interest of the employee or official, or others. 5 Page 181 of 265 7-1 Old Business 1) The terms "private," "controlled," or "protected" shall have the same meanings as defined in the Utah Government Records Access and Management Act (GRAMA), U.C.A. § 63G-2-103. E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to anv adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Using Position to Secure Special Privileges for Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an interest, as defined by this Chapter. G. Disclosure of Persons and Businesses Doing Business with the City. The identity of persons or entities doing business or maintaining contracts with the City is public information which is subject to disclosure pursuant to requests under the Government Records Access and Management Act. 2.01.040 Remedies. The sole remedies for violations of this Chapter are as follows: A. A contract, transaction, or decision which is approved in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council or applicable decision making body. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person who may seek to set aside a particular contract, transaction, or decision. Chapter 2.28 Purchasing Proccdures PURCHASING PROCEDURES 2.28.010 Purpose._ The purpose of this Chapter is to ensure integrity in the procurement process by assuring that purchases are conducted in an open and competitive manner. Additionally, this Chapter is intended to establish standards of conduct for City employees and officials, and avoid conflicts of interest in procurement decision making. 2.28.202.28.020 Definitions. The following definitions apply to this Chapter. A "A. "City ManagerT' means the person appointed as City Manager, as defined under MMC Chapter 2.10. "B. "DebarmentT' means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. 5 Page 182 of 265 7-1 Old Business LC. "Employee'-" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full-time or part time -basis in exchange for wages. 1 '-'D. "Essential Public Works'-"' mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. City. rpases oY his ChapWrTan intcrest in the affairs f: 1. a spouse, sibling, child (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or �1. a business entity in which the official or employee holds legal or beneficial ownership in excess often percent (10%) of the total stock or total beneficial ownership. F, LE. "Local Vendor'-"' means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. G -'F. "Non -Responsive" means a proposal or bid from a person which does not conform to the published requirements for a procurement as to such terms as: quantity; scope of services; price; quality; time of submittal or performance; or other material requirements established by the Purchasing Agent. 14 LG. "Official"" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. F "H. "Prequalification--"' means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. "I. "Procurement'-"' means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. J. "Procurement Threshold"" as used in Section 990100 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 9-3Q,040, aft-el-0504R, 070, or 080 of this Chapter. LK. "Proposal"" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars ($50,000.00) which is 5 Page 183 of 265 7-1 Old Business submitted in response to a City request for proposals._ A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. M -L. "Purchasing Agent'-"' means the person tasked with administering this Chapter, as specified from time to time. _Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. -'M. "Purchasing Order'-"' means a document issued by the Purchasing Agent whereby the City undertakes to purchase goods, services, or other property from an outside vendor or provider by specifying the types, quantities, price, and other material terms. O. "N. "Recorder'-"' means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the RccordcriaRecorder's absence. -'O. "Sealed Bid'-"' means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the GitylsCity's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. g 2.28.030 Purchasing Agent._ The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. _It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, fosters broad -based competition, and which provides the most advantageous terms to the City._ All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. A. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: _1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. All City expenditures shall be properly coded using expense accounting procedures. B. The Purchasing Agent will confer with the City Manager and department heads with respect to the development of requests for proposals (RFPs) where necessary as part of the procurement process. C. The Purchasing Agent shall verify that parties awarded contracts under this Chapter possess all required licenses and permits (e.g. engineering, construction trades licensing, building permits, or the like) needed to perform the specified tasks. 2.28.040 Purchasing Authority- Small Purchases. _Upon the request of any department head or upon the Purchasing Agcnt'sAgent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of Ics5not more than teRtwenty five thousand dollars ($25,000.00) (Small Purchases) by issuing a purchasing order to the applicable vendor._ The Purchasing Agent shall engage in reasonable diligence to assure that 5 Page 184 of 265 7-1 Old Business Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor: or provider. A. Professional Services, Design Services, or Construction Services procured under this Section shall be confirmed by award of a contract, in the form approved by the City, containing all required specifications. A department shall include minimum specifications when using the small purchase threshold for professional, design, or construction services. 2.28.050 Competitive Proposals for Projects up to $50,000.00. _For all procurements having a cost which is likely to exceed ttntwenty five thousand dollars, ($25,000.00), but which is not to exceed fifty thousand dollars, ($50,000.00), the Purchasing Agent shall solicit competitive proposals from at least three vendors. _All responsive proposals shall be prescntcd to the City Council, subjcct to a rccommcndationreviewed by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability, and performance of the vendor. _The City CouncilPurchasing Agent, in itshis/her discretion, may approve the procurement, request additional information, e-Freject all proposals:, or refer the procurement to the City Council for a decision 2.28.060 Unresponsive Bidders for Competitive Proposals._ In procurements subject to Section 050, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; and 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.070 Essential Public Works Projects. For procurements involving Essential Public Works and having a cost in excess of teritwenty five thousand dollars ($25,000.00) but not exceeding fifty thousand dollars, ($50,000.00), the Purchasing Agent and the City Manager may waive the competitive proposals requirement, provided that the Purchasing Agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.80 2.28.080 Sealed Bids for Projects in Excess of $50,000.00. _For all procurements having a cost which is likely to exceed fifty thousand dollars ($50,000.00) the Purchasing Agent shall solicit sealed bids from responsible bidders._ The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, financial strength, past performance, or the like, have the capability to perform. A, A. Procurements subject to sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City'sCity's website and by newspaper._ The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B- B. Bids shall be opened publicly at a date and time which is published. 5 Page 185 of 265 7-1 Old Business E C. The Purchasing Agent may reject non -responsive bids._ Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council._ D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability, and performance of the vendor. The City Council will review the recommendation and, in its discretion, may approve the procurementrecommendation, request additional information, or reject all proposals. 2.28.902.28.090 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A, A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; 13, B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent (5%) greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars.- ($25,000.00). For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. _A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D: D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.100 2.28.100 Repeat Purchases Not to Evade Procurement Thresholds._ City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Annual Review of Program Purchases. Where programmatic or repeated procurements in the defined areas specified in this Section, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with the applicable department head and define an expected scope of procurements for the fiscal year. rocurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal y ar. The fiscal y ar dollar limit so defined shall determine which procurement process applies. B. Routine Retail Purchases Excluded. The restrictions of this Section 100 shall not apply to repeat or routine purchases of items from retail businesses where a procurement process 5 Page 186 of 265 7-1 Old Business would be inefficient (e.g. repeat purchases of lumber, hardware, or janitorial supplies on an as - needed basis). C. Professional, Design, and Construction Services Cumulative Threshold. Where professional services, design services, or construction services are procured under Small Purchases purchasing authority, Section 040, the cumulative amount of repeat purchases (such as separate task orders) in any fiscal year shall not exceed fifty thousand dollars ($50,000.00) for that provider contract. 2.28.110 2.28.110 Procurement Exceptions.— The following procurement exceptions are authorized by this Chapter. A, A. Emergencies._ Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. _The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. _The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. _When the emergency has passed all further procurement shall be conducted in conformity with the other procedures of this Chapter. 1) City Department Heads should seek to obtain competitive emergency purchases by using telephone quotes, internet or catalog quotes, limited invitations to bid, or similar procedures to the extent practicable, and consistent with the need to protect public health and safety. 2) The Purchasing Agent and City Manager shall make a written determination documenting the emergency and the selection of the procurement item. A record of the determination and selection shall be kept in the contract file. The documentation may be made after the emergency condition has passed. 137 B. State Approved Contracts._ Pursuant to U.C.A. § 11-13-201 the City is authorized to enter into joint purchasing arrangements with other governmental entities. _Where the State of Utah or the National Joint Powcrs Alliance (NJPA)other competitive purchasing groups have established standard procurement contracts for state agencies which are available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms established by the State of Utahstate or NJPA.the competitive purchasing group. City departments are encouraged to utilize State of Utah or NJ PAcompetitive purchasing group procurements where appropriate. _The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum oftcnof one hundred thousand _dollars; ($100,000.00), the purchase is subject to City Council review and approval. C. Single Source Procurement._ Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative 5 Page 187 of 265 7-1 Old Business provider is available; and 2) secure the most advantageous terms for the City. _The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of fifty thousand dollars; ($50,000.00), the purchase is subject to City Council review and approval. 1) Sole -source procurement awards do not involve standard procurement process and should only be used when justified after reasonable research has been conducted to determine if there are other available sources, and an analysis has been done to determine if a sole source award is cost justified. 2) Circumstances for which a sole -source contract awards may be justified include: a. A procurement item for which there is no comparable product or service, such as a one -of -a -kind item available from only one vendor; b. A component or replacement part for which there is no commercially available substitute, and which can only be obtained directly from the manufacturer; or c. An exclusive maintenance, service, or warranty agreement. 3) Prior to awarding a sole source contract, the applicable department shall conduct a price analysis to determine if the same or similar items are available from another source. 4) An urgent or unexpected circumstance for a procurement does not justify the ward of a contract using the sole -source exception. D. Exclusions._ The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non - employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; a� extensions of existing contracts..-, and agreements with interlocal coop entities (e.g. local government mutual insurance agencies). E. Alternative Procurement Processes._ The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 5 Page 188 of 265 7-1 Old Business 2.28.120 Certification and Approval of Bills._ The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. _In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properlyaccount payable items. The Upon certification by the Purchasing Agent the invoices and bills shall then be deemed payable as an obligation of the City. During any City Council shall meeting, the City Council may choose to review the Purchasing Agent'sAgent's payment certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City.certification. Any concerns as to whether any expenditure is proper shall be promptly brought to the attention of the City Manager and Purchasing Agent. 2.28.130 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. maintains a contract, or who anticipates entering into a contract or similar business relationship the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D No 71; el e-of-C—o .4;.1... tia nf- .,.atio., Pe-+.,ining +.. City !`.,..+,-acts ATE. City employee or official, with respect to any contract or transaction which is or may be the to benefit the employee or official, or others. E. Retaliation Prohibited. Empl yecs wh act in g d faith t report r discl se t the City any misc nduct r acti ns undertaken in vi lati n f this Chapter shall n t be subjected any other employment policies or procedures. l: T..ti,..l..., es uud Of-f;. iais D.-..h; it-e 1 f em c�,eu -ing c...,eial Dr-iyil ges fe f i c-rRro-zTviarvrcca-za-v=rrvcccrcn-=-r-rrrrc�zar Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. ili i D c.f1. D i�Busi ��§C�O�rH-ic-vrrC%Seirs ieS�9 aoc�.f�icrr 1 Page 189 of 265 7-1 Old Business identity of persons and businesses doing business, or maintaining contracts, with the City is public information which is subject to disclosure pursuant to requests under the Government Records Access and Management Act. contractor debarment), the sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. ly violates this Chapter may face disciplinary action, C. An official who knowingly violates this Chapter maybe subject to removal from ffi o ;,, the m ther-wise .., id ea b y la , 2.28.130 Authority for Contract Execution. The City Manager has authority to execute all contracts under this Chapter, including contract modifications, extensions, and change orders, with a contract price of not exceeding fifty thousand dollars ($50,000.00). All other contracts awarded under this Chapter shall be executed by the Mayor. To be valid, the Recorder must attest the signatures of the Mayor or City Manager on all contracts executed pursuant to this Chapter. 2.28.150 2.28.140 Construction Bonding._ General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A, A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars.- ($50,000.00). B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts; in excess of fifty thousand dollars ($50,000.00), unless alternative security is authorized pursuant to this Chapter. E C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars ($500,000.00) where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. _This staff -level waiver shall be made in writing, with notice to the City Council. Where the City elects to waive or alter bonding requirements,D. In every construction contract where there is a modification of bonding requirements, or where no bonding is required (e.g. contracts under $50,000.00 in value), the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. _Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. 1 Page 190 of 265 7-1 Old Business E. In every construction contract where there is a modification of bonding requirements, or where no bonding is required, the City is authorized to: 1) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 2) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or 3) alter retainage disbursements. 2.28.4-68150 Recorder to Maintain Contract Records._ The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.170160 Surplus Personal Property._ The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. _All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.488170 Sales Tax Exemption._ In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City as a governmental entity. _No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.190 2.28.180 Debarment Procedures._ No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A, A. Grounds for Debarment. Causes for debarment include: conviction 1) Conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2, failure 2) Failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3: failure 4 en_aging unlawful licensure), dishonesty, 3) Failure to perform any bid or proposal made to the City of Moab; 4) Engaging in any acts which are a violation of this Chapter; 5) Unlawful acts (including, but not limited to, lack of proper or incompetence in the performance of any contract with the City of Moab; or 6, appt 6) Any other cause which the City determines to be so serious or compelling ass to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B: B. Notice._ Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. _The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. _The notice shall disclose the facts or events giving rise to a debarment determination in 1 Page 191 of 265 7-1 Old Business reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. E C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager._ The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. _An audio or video recording of the hearing shall kept._ The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: 11) reject debarment; 2) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 3) issue a partial dc ha n ncntdebarment order limiting, for example, the types of work, total dollar amount of work, or other conditions under whie-hwhich a person shall be authorized to enter into contracts with the City. _All decisions shall be issued promptly following the conclusio nconclusion of the -hearing and -be -in -writing. _The decision shall state in reasonable detail the reasons for the dcc is ierdecision. 2.28.2-00190 Debarment Appeals. Any person who is debarred purs uan tpursuant to this Chapter may appeal that decisio ndecision by filing an action in the Sevent h ludici a!Seventh Judicial District Court no latcrlater than 0-0-} thirty (30) days from the date of the dcc is io ndecision which is subject to appeal. _The City shall promptly transmit the record of the procccd inpproceedings to the councourt. Review by the distric tdistrict court shall be based on the record before the City Manager. A. A. Standard of Review. No person shall appea lappeal to the dis tric t cou 11 district court a decis io ndecision by the City unless that person has exhausted his -/her adminis trative remedie s.administrative remedies. District co urt re viewcourt review shall be limi tedlimited to tho sethose matters which were actually contested before the City. _The court shall= I) p resume: 1) presume that the decision is valid-; and 2) determine e-n1yonly whether or not the dee+s ion is arbitrar y, capricio usdecision is arbitrary, capricious, or illegal. 2.28.200 Remedies. The sole remedies for violations of this Chapter (excluding sections 180 and 190 pertaining to contractor debarment) are as follows: A. A contract, transaction, or decision which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person seeking to set aside a particular contract, transaction, or decision. 1 Page 192 of 265 7-1 Old Business Approved and adopted by majority vote of the Moab City Council. This ordinance shall take effect imm cdiatclyimmediately upon passage. By: Mayor David Sak riso n Emily Njeha s -Date Atk By: Rachel Stenta, cordcr (0- 1/ Date Recorder Date 1 Page 193 of 265 7-1 Old Business 'w ' r r',II�f�<<fI1I'Iili1� .' ;s' 7-1 Old Business Page 194 of 265 -End of Document- 16 Page 195 of 265 7-1 Old Business CITY OF MOAB, TOWN OF CASTLE VALLEY, AND GRAND COUNTY, UTAH RESOLUTION NO. 13-2018 RESOLUTION TO MAINTAIN LOCAL ZONING AUTHORITY OVER SHORT-TERM RENTAL USES WHEREAS, the Grand County, Moab City and Castle Valley Town Councils (herein "the Councils") have each adopted their own General Plans; WHEREAS, the Councils have each adopted Land Use Code for the purpose of regulating land use, subdivision and development in accordance with their respective General Plans; WHEREAS, the Councils are charged with enacting policies that protect the health, safety, and welfare of their citizens; WHEREAS, the Councils agree that local authority in the application of zoning regulations is necessary to protect the health, safety, and welfare of their citizens; WHEREAS, the Governor of Utah on a visit with the City and County Councils in Moab October 4, 2017 expressed support for local zoning control; WHEREAS, the Councils recognize that short-term rentals (herein "STRs") that conform with local zoning can benefit communities; WHEREAS, the Councils also acknowledge: that every community is unique; that local government by virtue of being closest to its constituents can be most responsive to their needs; and that local control is important in deciding how and where uses like STRs fit in a community - rather than applying a one -size -fits -all approach to all of Utah; WHEREAS, the Land Use Code in Moab City and Grand County indeed allows for STRs in specific zones, and the Town of Castle Valley allows rentals when greater than 25 days; WHEREAS, the 2017 Moab Area Affordable Housing Plan indicates that 30% of housing units in Grand County are either STRs or second homes; WHEREAS, resort communities including Moab, Castle Valley and Grand County have also experienced negative impacts from STRs, particularly in residentially zoned neighborhoods; WHEREAS, such impacts include but are not limited to: a decrease in affordable and residential housing (as STRs convert housing to a more profitable commercial use, they can outcompete residential uses, displace long-term tenants, and put the long term viability of communities at risk); erosion of neighborhood attributes (eg commercialization of residential zones, a more transient population); increased noise; refuse; unresponsive owners or managers; speeding, parking conflicts and other traffic concerns; WHEREAS, the Councils thus agree that the operation of STRs has the potential to adversely affect the health, safety, and welfare of their citizens, the integrity of neighborhoods in their jurisdictions, and the overall quality of life in their communities; 7-2 Old Business Page 196 of 265 WHEREAS, the Senator and two Representatives representing Grand County have asked for a joint resolution confirming the Councils' agreement on this matter; WHEREAS, the Councils endeavor to make clear and certain to the Utah Legislature and State Leadership their position on this matter; WHEREAS, the passing of HB 253 in 2017 has benefited illegal STRs while making it more expensive and labor-intensive for communities to hold them accountable; WHEREAS, the Councils have heard and considered all evidence and testimony presented in regard to the maintenance of local zoning authority with respect to all forms of STR uses (both owner -occupied and non -owner -occupied); and WHEREAS, the Grand County, Moab City and Castle Valley Town Councils considered this item in public meetings held respectively on February 6, 2018, February 12, 2018 and February 7, 2018. NOW, THEREFORE, BE IT RESOLVED by the Grand County Council, Moab City Council and Castle Valley Town Council that they do hereby approve this resolution calling upon the State of Utah: 1)To allow local governments to regulate local land use including short-term rentals. 2)To rescind HB 253 which the legislature passed last session (February 2017) prohibiting enforcement of restrictions on short-term rentals through the use of internet advertisement. APPROVED by the Moab City Council, Castle Valley Town Council and Grand County Council in open session this , day of 2018, this , day of 2018, and this day of 2018, respectively by the following votes City of Moab Those voting aye: Those voting nay: Those absent: Town of Castle Valley Those voting aye: Those voting nay: Those absent: Grand County Those voting aye: 7-2 Old Business Page 197 of 265 Those voting nay: Those absent: ATTEST: City of Moab Rachel Stenta, Recorder Emily Niehaus, Mayor ATTEST: Jocelyn Buck, Clerk ATTEST: Town of Castle Valley Jazmine Duncan, Mayor Grand County Diana Carroll, Clerk/Auditor Mary McGann, Council Chair 7-2 Old Business Page 198 of 265 CITY OF MOAB, TOWN OF CASTLE VALLEY, AND GRAND COUNTY, UTAH RESOLUTION NO. 3135, SERIES 2018 RESOLUTION TO MAINTAIN LOCAL ZONING AUTHORITY OVER SHORT-TERM RENTAL USES WHEREAS, the Grand County, Moab City and Castle Valley Town Councils (herein "the Councils") have each adopted their own General Plans; WHEREAS, the Councils have each adopted Land Use Code for the purpose of regulating land use, subdivision and development in accordance with their respective General Plans; WHEREAS, the Councils are charged with enacting policies that protect the health, safety, and welfare of their citizens; WHEREAS, the Councils agree that local authority in the application of zoning regulations is necessary to protect the health, safety, and welfare of their citizens; WHEREAS, the Governor of Utah on a visit with the City and County Councils in Moab October 4, 2017 expressed support for local zoning control; WHEREAS, the Councils recognize that short-term rentals (herein "STRs") that conform with local zoning can benefit communities; WHEREAS, the Councils also acknowledge: that every community is unique; that local government by virtue of being closest to its constituents can be most responsive to their needs; and that local control is important in deciding how and where uses like STRs fit in a community - rather than applying a one -size -fits -all approach to all of Utah; WHEREAS, the Land Use Code in Moab City and Grand County indeed allows for STRs in specific zones, and the Town of Castle Valley allows rentals when greater than 25 days; WHEREAS, the 2017 Moab Area Affordable Housing Plan indicates that 300/0 of housing units in Grand County are either STRs or second homes; WHEREAS, resort communities including Moab, Castle Valley and Grand County have also experienced negative impacts from illegal STRs, particularly in residentially zoned neighborhoods; WHEREAS, the Councils thus agree that the operation of illegal STRs has the potential to adversely affect the health, safety, and welfare of their citizens, the integrity of neighborhoods in their jurisdictions, and the overall quality of life in their communities; WHEREAS, the Senator and two Representatives representing Grand County have asked for a joint resolution confirming the Councils' agreement on this matter; WHEREAS, the Councils endeavor to make clear and certain to the Utah Legislature and State Leadership their position on this matter; Page 199 of 265 7-2 Old Business WHEREAS, the passing of HB 253 in 2017 has benefited illegal STRs while making it more expensive and labor-intensive for communities to hold them accountable; therefore the Councils strongly oppose HB 253; WHEREAS, the Grand County, Moab City and Castle Valley Town Councils considered this item in public meetings held respectively on March 6, 2018, March 12, 2018 and March 7, 2018. NOW, THEREFORE, BE IT RESOLVED by the Grand County Council, Moab City Council and Castle Valley Town Council that they do hereby approve this resolution calling upon the State of Utah: 1)To allow local governments to regulate local land use. including short-term rentals. 2)To allow local governments to regulate short-term rentals. APPROVED by the Moab City Council, Castle Valley Town Council and Grand County Council in open session this , day of 2018, this , day of 2018, and this 6tn day of March 2018, respectively by the following votes City of Moab Those voting aye: Those voting nay: Those absent: Town of Castle Valley Those voting aye: Those voting nay: Those absent: Grand County Those voting aye: Clapper, Halliday, McGann, Paxman, Trim Those voting nay: Those absent: Wells (absent), Hawks (recused) ATTEST: City of Moab Rachel Stenta, Recorder Emily Niehaus, Mayor Page 200 of 265 7-2 Old Business ATTEST: Jocelyn Buck, Clerk ATTEST: Town of Castle Valley Jazmine Duncan, Mayor Grand County Diana Carroll, Clerk/Auditor , Council Chair Page 201 of 265 7-2 Old Business Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 8-2 Title: City Center Door Security Upgrade Project Date Submitted: March 5, 2018 Staff Presenter: Chace Gholson, Pat Dean Attachment(s): - Bid Documents, 3 each - Letter of Contractor recommendation Recommended Motion: Move to approve the contract with TJ Communication in the amount to not exceed $ 49,800, for the purpose of Upgrading the Door Security at the City Center Building. Background/Summary: To meet current guidelines set forth by the State of Utah BCI for Security of Information, it is required that the door security system located at the City Center be upgraded to come into compliance. This additional security will be extended throughout the City Center Building. This includes sensitive areas such as Police Department, Recorder Archive Room, IT Server rooms and Human Resources Department. Thus improving general security throughout the City Center Building. The contractor that was selected was TJ Communications at the bid amount of $ 49.800.00. TJ Communications was selected because of their previous experience with similar projects that the City of Moab has completed with this contractor. The nearest bids were submitted by Tyco/Simplex-Grinnell in the amount of $ 49,542, and DENCO Security in the amount of $ 59,850. We feel that TJ Communications has served the city well and works seamlessly with our current IT Provider, ProVelocity. TJ Communications has successfully completed several systems upgrade projects with the City and have shown to be committed and watchful of our current needs. Page 202 of 265 8-2 New Business City Center Door Security Bids TO: Rachel Stenta, City Recorder/Asst. City Manager I recommend T/J Communications over the lowest bidder being Tyco Simplex Grinnell. We already work with T/J Communications, they know our system in and out. In the past year we had our current system crash. They responded immediately and made repairs using up graded components in anticipation for the future security expansion. T/J Communications works well, and closely with our 1T people, (Pro Velocity Computers.) There is only a 258. Dollar difference between T/J Communications and the lowest bidder. In short T/J Communications has served the City well in the past showing reliability, responsibility, and on the cutting edge of techknowledgey. Thank you for considering my recommendation, Chace Gholson, Facilities Superintendent Page 203 of 265 8-2 New Business (970) 245-0063 Bill To: City of Moab 217 E. Center St. Moab, UT 84532 Description Est. Hours/Qty. Proposal Proposal Date: 2/8/2018 Proposal #: 112019 Project: Rate Total EXPAND ACCESS CONTROL SYSTEM - INTERIOR DOORS AXIS A1001 0540-001 ACCESS CONTROL PANEL - 2 DOOR SUPPORT 11 550.00 6,050.00 AXIS A4011-E DOOR READER/KEYPAD 21 350.00 7,350.00 ACCESS CONTROL SYSTEM INSTALLATION - PER DOOR - INCLUDES STRIKE AND WIRING **PLEASE NOTE THERE MAY BE ADDITIONAL COST FOR REX DEVICES IF NEEDED** 21 1,650.00 34,650.00 TRAVEL EXPENSE 7 250.00 . 1,750.00 This proposal is subject to change. Final invoices will reflect actual product/hours and will be invoiced weekly on a progress basis. A 50% deposit is required upon approval. Any returned items are subject to a 30% restocking fee and shipping/handling charges. New customers are required to complete an AutoPay form or Credit Application before work will begin. Total $49,800.00 Page 204 of 265 8-2 New Business two SimplexGrinnell TO: City of Moab 217 East Center Street MOAB, UT 84532-2439 SimplexGrinnell Quotation 2702 South 1030 West #60 SALT LAKE CITY, UT 84119-5791 (801) 262 4242 FAX: (801) 262 7749 www.simplexgrinnell.com Project: Moab City - Access Control Sys Customer Reference: Moab City - Access Control Sys SimplexGrinnell Reference: 456420461 Date: 06/29/2017 Page 1 of 5 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY 11 22 22 22 22 2 2 2 2 1 MODEL_ NUMBER DESCRIPTION 0540-001 0745-001 10190403 DS 160 1078C-N-SS 63611101 32061112 31061112 31141112 DPAC DPSUB DPSVC PM LAB COMM LAB AXISA1001 NTWK DR CONTROLLER AXIS A4011-E CARD READER HES 5000 ELECTRIC STRIKE WIFP PIR EXIT SENSOR, LT GRAY- ROH REC STEEL DOOR CONT WIWIRE LEA CAT6 -1000 FT, PLENUM, WHITE 2216 STR OAS CL2P 1M BX BGE 2216 STR JKT CL2P 1M BX BGE 1812 STR JKT CL2P 1M BX BGE MISC MATERIAL SUBCONTRACTING LABOR LODGING EXPENSES PROJECT/CONSTRUCTION MGMT COMMISSIONING LABOR Total net selling price, FOB shipping point, $49,542.00 Comments Scope of Work SimplexGrinnell will perform the following tasks: - Provide and install 11 Axis door controllers - Provide and install 22 card readers - Provide and install 22 electric strikes - Provide and install 22 REX motion sensors - Provide and install 22 door contacts - Provide and install necessary cabling - Provide and install conduit where needed to protect exposed cable a. Cable to be free air above ceiling - Programming and testing THIS QUOTATION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America Page 205 of 265 8-2 New Business 163 N. Harrison Blvd., Ogden, UT 84404 t.801-627-2720 f.801-627-2727 Sold To Moab City Patrick Dean 217 E Center Street Moab, UT 84532 United States Phone (435) 260-7619 Fax QUOTE Number AAAQ2703 Date Jan 25, 2018 Ship To Moab City Patrick Dean 217 E Center Street Moab, UT 84532 United States Phone (435) 260-7619 Fax Here is the quote you requested for door access controls. Quote matches hardware specified in competitor quotes. Salesperson P.O. Number Ship Vla Terms trichardson On Completion Line QtY Description Unit Price Ext. Price 1 11 Axis A1001 Door Controller 2 21 Axis A4011 Ecard Reader ' 3 21 Door Strike and Wiring 4 7 Travel Expense Please contact me if I can be of further assistance. $700.00 $500.00 $1,900.00 $250.00 $7,700.00 $10, 500.00 $39,900.00 $1,750.00 SubTotal $59,850.00 Tax $0.00 Shipping $0.00 Total $59,850.00 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE. GENERALLY ALL HARDWARE COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, LIFETIME WARRANTY IS AVALIABLE UPON REOUEST AND FOR AN ADOMONAL CHARGE - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PROOUCTS WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RF. STOCKING FEE WITH ORIG NAL PACKAGING 01/25/18 14:10:42 Page 206 of 265 Page 1 of 1 8-2 New Business Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 8-3 Title: Revisions to Moab City Code to allow alcohol to be consumed at Lion's Park under certain circumstances Date Submitted: March 8, 2018 Staff Presenter: David Everitt Attachment(s): Proposed Ordinance Recommended Motion: I move to adopt Ordinance 2018-05 amending Chapter 5.20.660 to add Lion's Park to the list of City facilities where alcohol may be permitted by the City Council. Background/Summary: Last fall, the City Council amended the list of City facilities where alcohol may be permitted for public or private events under certain circumstances. At that time, the Council did not add Lion's Park to the list. This ordinance commences to do so with a very brief text addition: E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at Swanny City Park, the Center Street Ballfields, Lion's Park, or Old City Park may be permitted by the city council. Serving of alcohol shall be limited to the hours of ten a.m. until seven p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, the Moab Recreation and Aquatic Center, and similar facilities. Page 207 of 265 8-3 New Business CITY OF MOAB ORDINANCE #2018-05 An Ordinance to amend Chapter 5.20.660 of the Moab Municipal Code by adding Lion's Park to the list of City facilities where alcohol may be permitted by the City Council The following describes the intent and purpose of the City of Moab in the adoption of this amendment: a. The City desires to make certain City -owned facilities available for public and private events to be held where alcoholic beverages may be permitted under certain circumstances. b. Lion's Park is a city -owned facility that is increasingly used for events of all kinds. NOW, THEREFORE, the City Council enacts this ordinance to add Lion's Park to the list of City facilities where the consumption of alcoholic beverages may be permitted by amending Moab City Code Chapter 5.20.660 to read: E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at Swanny City Park, the Center Street Ballfields, Lion's Park, or Old City Park may be permitted by the city council. Serving of alcohol shall be limited to the hours of ten a.m. until seven p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, the Moab Recreation and Aquatic Center, and similar facilities. PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Rachel Stenta, Recorder 8-3 New Business Page 208 of 265 Moab to Monument Valley Film Commission Annual Report 2018 The Moab to Monument Valley Film Commission, established in1949, holds the title of the longest running film commission in the world. That is a heritage that I, as the film commission director, and the community take great pride in. Film Commissions are the liaison between the film production and the region they represent. It is inevitable that changes happen in technology, in environment, within our community and in the film industry as a whole. To be able to continue this long standing legacy while expanding along with the change is always a challenge but one I truly enjoy doing. thank you all for taking the time to read about some of things I've been up to and discuss ideas for the future. I am always available for a conversation or to answer any further questions you might have. Much gratitude to you all for your funding. Completed Projects: • New Website www.filmmoab.com a new beautifully designed, inspiring and informative place for filmmakers, location scouts, producers etc. to go to get much of the information they need to accomplish filming in Grand or San Juan Counties. Tabs include: o Locations: 1) extensive Reel Scout database for public and private filming locations 2) residents of Grand and San Juan Counties can now upload photos of their private properties to be used as future filming locations o Resources: 1) Various land use Permit information 2) UAS (Drone) Info 3) Regional film office info 4) Film Commission Equipment Rental info o Production Directory: 1) Industry Roster for filmmakers to search for local crew and support services 2) Residents of Grand and San Juan Counties can "get listed" (if qualified) as crew members available for hire in various categories 2) Business' can list themselves as support services for film productions o News and updates: 1) New subscribers to the website can join the mailing list to receive updates 2) Anyone can connect to Moab to Monument Valley Film Commission hosted social media sites (FB, Instagram, Twitter) 3) watch short clips of projects that filmed in the area 4) Events calendar for pertinent information about upcoming screenings and release dates for all movies filmed in Grand or San Juan Counties o Things to Know: 1) Film History - Interactive thumbnails of a many movies filmed in Moab and Monument Valley 2) Needs to be posted but complete - Comprehensive list of every movie filmed in Grand and San Juan Counties lia 11 L , FIL MOABM TO MONUMENCOMMISSIONT VALLEY 8-4 New Business 1 Page 209 of 265 o Contact Information 1) How to reach the film commission 2) Link to funders: City of Moab and Grand County • New Promotional Merchandise o Designed new canvas tote bags for promotional use in conjunction with local business Moab Made to be sold in the shop along with promo hats or other merchandise with the MMVFC designs. o Designed new trucker hats / re -ordered baseball caps for promo use o Promo merchandise is given to visiting crew members whenever possible and doubles as great advertising when crew members wear their items around the world. Travel / Studio Relationship's: • AFC! (Association of Film Commissioners International) Cineposium - Los Angeles, CA o Took AFCI educational classes / panel discussions o Networking and discussion with Film Commissions around the world • Sundance Film Festival - Park City, UT o Represent the MMVFC regional office as the host State for the festival o Handed out 275 business cards to filmmakers, producers, locations people, directors, DP's. Promoting our area as a filming destination. o Networking: Pitch Grand and San Juan Counties for mountains, streams rivers, lakes, cities and towns not just the iconic red rocks, explain what film commissions do to young filmmakers or anyone who doesn't know. • Film Day on the Hill - Capitol Hill, SLC - Organized by Utah Film Commission - o Spoke with legislature and other entities about the importance of media and film industry support in the State of Utah and maintaining a strong film incentive in the State to keep productions interested in filming here. • AFC! Locations and Global Trade show - Burbank, CA o Marketing and networking of MMVFC locations o Shared a booth with Utah Film Commission Local Outreach: • Utah Film Center Media Education program, "Film Spark" Teachers' Workshop: o Helped coordinate and recruit teachers (grades 6-12) for Free Teachers' Workshop with documentary director Jean Michel Dissard. Teachers from HMK, Grand County Middle School, Grand County High School, and Beacon attended. o Each participating school team received a Film Spark [volume 1] curriculum guide containing twelve documentary DVDs and corresponding, standards -linked study guides. The class provides credit towards the Utah State Board of Education annual licensure. it A L MOABFILM TO COMMIVI ON MONUMENLLEY 8-4 New Business z Page 210 of 265 " Production Assistant Training O 3 hour workshop for entry level PA basics into the film industry which results in a credential to be listed on the website in crew category O Trained and signed up 31 locals " Movie Nights in Moab 0 Bi-monthly outdoor free screenings in the park in partnership with Moab City Recreation " Various equipment rentals to local community " Procured a local hotel incentive with Expedition Lodge to hold rooms at a lower rate 14 days in advance ongoing throughout the year " Attended two Town Hall meetings to meet the Senators and Representatives Ongoing Projects: " Updates and Maintenance O Reel Scout: Locations database " Photo updates " Project inquiries via email and phone add and update if it gets greenlit and shoots here O Website: Updates to personnel changes in various permitting offices " add events " add screenings " add movie release dates O Social media updates: Facebook: Post updates " casting calls " road closures " location requests" local events " online projects " commercials " grant opportunities O Instagram: Location inspiration O Twitter: In the moment feed from location expos " Sundance Film Festival " AFCI gatherings etc. O MailChimp: E-newsletter information blast for major updates including above mentioned updates. Networking / Marketing O Target overseas productions / target commercial filming O Monthly conference call with Utah Film Commission for Regional Film Offices to discuss what is going on production -wise / trade show -wise in each regional offices O Continue to get local crew / support services signed up and registered with their information and credentials to online resource directory O Constant and ongoing conversations / meetings with local businesses to continue and or further a film friendly relationship O Constant contact with UFC and AFCI members around the world about how they go about handling certain situations via email and AFCI Facebook page "How would you Handle It" MOAB TO MONUMENT VALLEY COMMISSION 8-4 New Business 3 Page 211 of 265 o Maintain contact with local permit offices and other gov't offices (BLM, SITLA, Forest Service, UDOT, NPS, STATE Parks, Grand County, Moab P.D. etc.) o Ads designed and placed in the past year MovieMaker Magazine, American Cinematographer, Adnews, LMGI Compass (see attached) Sponsorships • Utah Film Center (UFC) Free Monthly screenings at Star Hall o In partnership with the Grand County Public Library. Helped to purchase the technology that enables Star Hall to access wifi for Skype Q&A's with film director's post screening whenever possible • Banff Radical Reels and Mountain Film Festival (two weekends per year) Education / Training • Continue skills and practice for design work on Adobe Creative Suites (Al, PS) • AFCI courses completed towards certification maintaining status of MMVFC by accruing points with AFC! University O 1. Film Commission Professional O 2. How to plan and Execute a successful fam tour o 3. Hosting a Locations Scout O 4. Film Production As A Driver of the Wider Creative Industries Permits Issued: • Moab BLM Field office: 70 - 100 • SITLA: 9 • National Park Service: 15 • Forest Service: 5 • Dead Horse Point State Park: 9 Site Visits: • Valley of the God's • Adventure Capitalists • Booba- music video • Night Idea - music video • History Channel • Discovery Channel • Ford Ranger • And more.... _111.4L, MOAB TO MONUMENT VALLEY COMMISSION 8-4 New Business Page 212 of 265 4 Press: • Front Page article in the Moab Times Independent about how "Moab has leading role in '17 show Biz (Dec 28th, 2017) • Write up in Utah Business Weekly The Year Ahead: • Interview and hire a permanent part time assistant • Create and adopt a new Permit for County and City Filming • Show Reel (Shoot and edit a 3 minute "This is Moab to Monument Valley" to inspire filmmakers to come and film here (in production with a local cameraman) • Wild and Scenic or Adventure Film Festival or some type of pre-curated film festival that works for our community (possibly) partnering with Friends of Arches and Canyonlands • Continue educational courses online with AFC! University towards becoming a CFC (Certified Film Commissioner) MOAB TO NT VALL :COMMISSIONMONUMEEY 8-4 New Business 5 Page 213 of 265 SERVING SOIIiIIEAST UTAH SDKS 1896 loab, Utah Est.1896 www.maabtirneszorn Ibisne 124 1 Nut 52 �' The Bureau of Land Management, National Pa* Sery m, U.S. Forest Service and other federal/state agencies have issued more than 100 filming permits for productions in Southeastern Utah in 2017. Photo courtesy Utah Film Corms ityr- Moab has leading role in '17 show biz Agencies issue 100 permits for projects By Greg Knight The Times Independent When Bega Metzner took over as the director of the Moab to Monu- ment Valley Film Commission last year, she said she had no idea how* much the job would become a part of her life, though it is a life she has lived for many years, beginning as a New York- and Los Angeles -based tech- nical consultant -to- the industry as a wardrobe designer and costumer. Now, as 2017 comes to a close, Metzner is on top of the world as filmmakers from places as far away A + ^ clew uses tle Leg. Friv � � - �_ � ca C orcii� last .si. - as Scandinavia and the BnB rs Ilave cow rtgion teshoot aliforms , of film and digital video, ranging from documentaries to commercials that feature fast cars and jeeps out on the slickrock. Snov does looff drou 1N To The inches of eastesII 2_77 cLrs- con- e Y._ For �+1e�}_ x warm_ bra --anara _ - E.7 .ems pie 3 tanager to our stunning environment and scen- ery, is a range of locations. canyons to the darts -- 14 p2=:= Governor opposes Arches reservati `Not all feasible options have been By Rose Egelhoff The Times -Independent "The state of Utah cannot support the plan as it is currently written; concludes a letter from the office of Gov. Gary Herbert to the Southeast Cannon said that the park is in the process of analyzing the insight received during the public comment period, and will come out with a re- visedpgLand2engestion management plan in response. • inct rinsed sic mg that is '100- pesiti�re two things_ Ors :s to stand that this plan impact on the local " Continued from Al like Monticello or Blanding, we have it all here:' Metzner said that the com- mission has been intimately involved in a handful of forth- coming documentaries this year and has worked on a number of television commercials airing in the United States and abroad. The Bureau of Land Manage- ment, National Park Service, U.S. Forest Service and other federal/state agencies have is- sued more than 100 filming permits in 2017. According to the Utah Film Commission, 24 productions received state film incentives to shoot in Utah this year, including a range of local and out-of-state feature films, TV series and documentaries. More than $73 million was spent in state and more than 2,000 Utahns were employed as a result of these productions. This represents a 52 percent increase in Utah compared with 2016. In terms of local outreach A2  The Times -Independent  Thursday, Decemt to filmmakers, actors and tech- nicians, Metzner said her com- mission's new website, www. filmmoab.com, will serve the movie -making community by allowing residents of Grand and San Juan counties to up- load resumes for crew positions in a production direc- tory, and also for properties such as cabins, homes and land to be used during film pro- ductions. "It's so great to have this new site, Metzner said. "We've migrated off the city's website and, with this new site, one of the coolest parts is that it allows people in the industry to network with each other and apply for posi- tions that are open on crews." The website, which Metzner calls, "stunning," was designed by local artist JoJo Matson and went live in late September. Filmmakers aren't the only ones noticing the changes at YOUR HOME IS HERE Move -In ready Ranch on the East side featuring a bright and open floorpian and a bonus partial basement Huge family room with rock fireplace and built -Ins, nicely designed kitchen with access to the covered patio, three beds and a full bath PLUS master suite with en suite bath and walk-in closet. Attached tandem carport, fenced back yard, .17 acre. 01496614 $295,000 ACHEL OODY TEAM Find us at 50 East Center Street, just East of the Moab Info Center Office (435) 259-0I50 Mobile (435) 260-8240 1:4AL ESTATE COMPANY OFMOAB Committed to Tour Future Please visit our website to view all area listings www MoabReCo.com HAPPY HOLIDAYS FROM Page 215 of 265 A e- e- e. e" e- e1 et i r-t- 1111160 THE Bega Metzner the commission, howevez Moab City Senior Projects Manager Amy Weiser said she believes the commission is growing in recognition throughout the na- tion under Metzner's watch. "Bega brings a wealth of experience from many years in the film indus- try, Weiser said. "Her knowledge and know-how has helped to in- crease the film commission's presence in the film community at large and she has also increased the [commission's] public pres- ence by sponsoring film events in Moab and attending industry conferences throughout the U.S.' The commission also offers equipment for rent to students or locals of any age who want to shoot films. The list of equip- ment is available on the website. The commission, along with the Moab City Recreation Depart- ment, will continue to show free outdoor (and some indoor) movie screenings as part of the bi-monthly "Movie Nights in Moab." Metzner is also a sponsor (with the Grand County Library) of free monthly Utah Film Cen- ter screenings at Star Hall. The sponsorship helped the commis- sion purchase the technology to Speed limits... Continued from Al the ordinance because of several concerns. The biggest of those was the concern that the city might be setting itself up for a lawsuit if it singled out one class of vehicle for speed reductions. After further study and research, Weiser and Ross came again to the city council in April, and said doing so would indeed be a bad idea. If the city was going to change speed limits on trouble =doccasional sessions with dire: they are availab/ For more info ��_ the commissions sibs 435-259-4341. Leh Film Comm Production Cale Now Filming Yellowstone, Seas: rently on hiatus Andi Maces Season rently on Moil.) Now Showing Anddi Ma dc, Season_ ney Channel 1p � c:L 27) Enchanted mark Nov 16) WraPPed uP Lifetime Ch miered Nov 25 Switched for Hallmark mitered Nov My Christmas time (premier The Jade Pen Theaters (from Digital Westworid, Wind Rim Brlgsby Bwr b Below: Mira Mountain council members wen involved in the decii voiced their co plan." The city bit of the outcry, April meeting, an education e "heads up" abo changes. "We might plaints about ' that' than `Its said, "but I think to see what kind tit The Offioiu|Magazine ofthe LooaUunManagers Guild |otu/nuUona| WHERE THE OLD WEST MEETS THE F REASON s365: PASADENA IS FILM -READY 2018 BEST PLACES TO LIVE AND WORK AS A MOVIEMAKER 111 tudgazine TRAILBLAZER iHAN HAWKE JUGGLES COWBOY AND DIRECTOR HATS ON BLAZE THE ART & BUSINESS OF MAKING MOVIES pie BOX-OFFICE TYRANNY: DOES OPENING WEEKEND STILL MATTER? SHOOT IT ON FILM! HERE'S WHY SUNDANCE PREVIEW! /11SP: IDRIS ELBA, AGNES VAR`DA, RICHARD JENKINS, REED IVIORANO, JANUSZ KAMINSKI, TREVANTE RHODES, AARON SORKIN - ISSUE1 6 VOL 25, WINTER 2018 6 95 US/CANADA 0 S6 95 714 6 02 3 3 84) DISPLAY L'HTIL AP:2ft '2'3,:261' Hawaiians through an intimate, honest, and empathetic lens. Yet the stogy this film tells, the complex characters it follows, and the struggles they face have universal relevance. For all these reasons, the jury is proud to bestow the Hawaii International Film Festival's inaugural "Best Made in Hawaii Feature" award to Ciara Lacy's Out of State. I look forward to attending HIFF again. As anyone who has been to these islands can attest, they have a way of quickly endearing themselves to you, and when it's time to leave you feel a genuine sadness... as you would if parting from an old friend. Hawaii and I became fast friends and I can't wait to write the next chapter of that friendship. —Tim Rhys MM {CO\TISCED FROM PC =_ specific instructions. And be organized with subject lines, for your own salve. An ongoing email chain with a union rep that still has the subject line "escrow- question - two months after that escrow issue arose is not going to make anyone's life easier. You want to come across as respectful, knowledgeable. and organized. That's how you establish a good reputa- tion in the eyes of the unions. KEEP UP WITH THE TIMES Internal policy directives, court interpretations, new union leadership, new bar- gaining agreements... change is the one constant with unions. Keep yourself updated on how the unions evolve and what the newest rules are. Take advantage of all the online resources the unions have to offer. Fifteen years ago. very little information was online. Today, with a few exceptions, most of the contracts and guidelines for all fire unions are available online at their websites. They'll help you speed through the process a lot better and appear more professional. SAG presents a signa- tory workshop for first-time producers once a month at their headquarters on Wilshire Boulevard in L.A. Aside from the ability to ask union reps specific questions and get to know them on a personal ba- sis, it is also a great network- ing opportunity for producers. If you're a producer, review all paperwork that your attor- ney or line producer submits to a union so you can begin to understand the process. After all, you're the responsible par- ty, and it is never a good idea to simply sign on the dotted line without fully reading an agreement. Did you just sign a piece of paper that makes you a personal guarantor that residuals will be paid? Do you fully know what that means? You'd better. NM David Albert Pierce is manag- ing partner of Pierce Law Group LLP, known for being respect`ui, knowledgeable, and organized. Anthony J. Hanna is a partner at Pierce Law Group LLP (specializ- ing in union matters, child labor, and safety issues) -and aformer business representative at SAG. • • 7".•.�r `MDAB TO MONUMENT VALLEY :OMMISSION OAB.CDM 435.259.4341 u• as WHERE THE OLD WEST MEETS THE FUTURE 8-4 New Business MOYIEMARER.COM WINTER 2018 Page 219 of 265 91 Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 8-5 Title: Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley Date Submitted: February 18, 2018 Presenters: Rosemarie Russo, Sustainability Director Arne Hultquist, Water Conservation Board Chair Attachment(s): Proposed Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley Options: Approve, deny, or modify. Recommended Motion: I move to approve Proposed Resolution XX-2018, a Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley. Background/Summary: The Water Conservation and Drought Management Advisory Board has discussed over several meetings the desire for the governing body to formally request the Utah Division of Water Rights to suspend or limit new water rights allocations within Spanish Valley until such time that a new regional groundwater management plan is established. In view of new findings by the United States Geological Survey regarding the decreased availability of pristine groundwater, and the acknowledged over -allocation of paper water rights in the Moab Spanish Valley watershed, the Water Board urges the City Council to consider the proposed recommended wording of a Resolution, which passed by a 4-0 vote at the Board's February 14 meeting; Board member Mike Duncan was not present at the meeting due to travel. Council may wish to hold a public hearing of the proposed Resolution, either in the context of a Water Conservation Board meeting or at a Council meeting. Page 220 of 265 8-5 New Business CITY OF MOAB RESOLUTION NO. 17-2018 A RESOLUTION REQUESTING THE UTAH DIVISION OF WATER RIGHTS TO LIMIT NEW ALLOCATIONS WITHIN SPANISH VALLEY WHEREAS, Moab's municipal government is responsible for the promotion of the public health and safety of its residents, including access to clean air, clean water and a livable environment; and WHEREAS, the Moab Water Conservation and Drought Management Advisory Board, which is responsible for providing recommendations to protect water quality and quantity for present and future generations, advocates for this request; and WHEREAS, Utah Code Title 73 requires indefinitely sustainable groundwater resources; and WHEREAS, the recent groundwater study of the United States Geological Survey (USGS) shows a substantial reduction in available ground water which could be further reduced by climate change; and WHEREAS, climate change, including its human -activity -driven impacts, predicts more frequent drought conditions in decades to come, and on January 16, 2018, Grand County Council declared the County a disaster area because of drought; and WHEREAS, current and projected water uses in Moab City and Spanish Valley are anticipated to meet or exceed safe yield in the near future, and according to the State Engineer, the water supply could be reduced by up to 30 percent due to climate change; and WHEREAS, the Spanish Valley aquifer is widely recognized, including by Utah Division of Water Rights (UDWRi), to be substantially over -appropriated which is reflected in the UDWRi initiative to begin an adjudication process and to develop a regional groundwater management plan; and WHEREAS, continuing to perpetuate the impression that abundant groundwater resources are available for unchecked development is misleading and a disservice to valley residents; and WHEREAS, UDWRi (https://www.waterrights.utah.gov/wrinfo/policy/wateruse.asp) has determined 0.45 AF or 146,633 gallons as an estimated annual need for indoor use of a permanent fulltime single family residence and 0.25 AF or 81,473 gallons for a seasonal family residence; and WHEREAS, unused or underutilized paper water rights currently exist in the Moab and Spanish Valley areas which need to be available for future development; and WHEREAS, the Moab City Council acknowledges that proactively addressing adequate water resources is fundamental to our community's financial stability and livability. THEREFORE, be it resolved that the Moab City Council requests the Utah Division of Water Rights, for a period of time extending to or beyond completion of the Groundwater Management Plan, to either a) close the Moab Spanish Valley aquifer to new appropriations, or b) limit new appropriations to 1/2 an acre foot for permanent residences and 1/4 an acre foot for seasonal residences and require larger appropriations to be obtained from the existing inventory of water rights in the Valley. Page 221 of 265 8-5 New Business Moab City Council Agenda Item Meeting Date: March 13, 2017 #: Title: Pedestrian Bridge for Moab City Trails Project Date Submitted: March 6, 2018 Staff Presenter: Tif Miller, Director of Parks, Recreation and Trails Attachment(s): Contech Quote Big R Bridge Quote Excel Bridge Quote Recommended Motion: I move to approve the purchase of a 50' x 8' pedestrian bridge for Moab City Trails project from Contech Engineered Solutions Background/Summary: As part of the Moab City Trail project, a new steel pedestrian bridge is to be built and installed along Mill Creek. To help to get the bridge built in a timely manner to be completed before June 1st, the city is looking to purchase the bridge on their own so the bridge will be ready to install. The time of project must be completed before June 1st or after August 31st according to the permits we have received that do not intrude upon the possible Yellow Billed Cuckoo nesting season. Three quotes were received and each fell below the $50,000 threshold needed to have to go out with an RFP. Contech Engineered Solutions came back with the lowest bid, $31,015, as well as the quickest turnaround time to have the bridge completed. The bridge will take up to 6-8 weeks to manufacture once plans are approved. The bridge will then be installed by the contractor who is awarded the bid for the trails and bridge project RFP that is currently being advertised. 9-1 Consent Agenda Page 222 of 265 CtatNTEC H` ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quotation Page# 1/3 Quote # QUO-308421-Y6P9Z1 Date 2/23/2018 Account Name City of Moab Reply -To Quote # QUO-308421-Y6P9Z1 Contact Name City of Moab Contech Rep. Chad Kitchen Phone (435) 259-5121 Address 1224 West Stock Road, Ogden, UT, 84401 Project Name Moab 150 W. Ped Bridge Fax (435) 259-4135 Phone 801-334-2474 Project # 554717 Email dan@moabcity.org Fax Project City/State Moab, UT Email CKitchen@conteches.com Contech's offer to sell the products described in this quotation is expressly conditioned upon Buyer's assent to the Contech Conditions of Sale ("Contech COS") included herewith and/or viewable at www.conteches.com/cos. A valid tax exemption certificate must be issued to Contech or sales tax will be added. Item # Description Pieces Quantity Extended Unit Price Unit Unit Total Steadfast Express Bridge 5008WDH Length (ft) : 50, Width (ft) : 8, Style : Connector, Floor : H Section , Finish : Self Weathering Steel, Decking : Wood Deck, Life Safety Rail : Horizontal, Design Code : AISC (ASD), Live Load : 60 psf, Vehicle Load : 6000, Wind Load : 25 psf, Bearing Type : Steel Bridge shall be designed to accommodate a: • 0' elevation change between abutments • skew of 0° Bridge will be shipped fully assembled, in one (1) piece with a shipped weight of approx. +/- 9,300 Ibs (Subject to final design verification) 1.00 1.00 $31,015.00 EA $31,015.00 Total $31,015.00 (Tax not included) Net Total $31,015.00 Standard Notes 1.Allowable unloading time for delivery trucks is two (2) hours. Demurrage charges of $75.00 per hour thereafter will be added. 2.Design submittal drawings will be provided, signed and sealed by a Professional Engineer licensed to practice in the State where the project is located. 3.In addition to any other procedures outlined or remedies provided, at the time of order, Contech will request a desired delivery date for the quoted materials from the purchasing customer. After drawing approval and prior to manufacturing Contech may again confirm the requested delivery date with the purchasing customer. If purchasing customer cannot take delivery of finished materials on requested date, and after Contech has manufactured the product(s), Contech will invoice for the total amount of the order with payment due within 30 days. Additionally, Contech may also assess fees in the amount of 10% of the total order for materials that are not shipped within 30 days after the requested delivery date for storage and handling. 4.LRFD Guide Specification for the Design of Pedestrian Bridges - Item 4.2 - Fracture: Fracture Critical Member designation shall be in accordance with Provision 12.3.2 of AASHTO/AWS D1.5M/D1.5:2015 which requires each Fracture Critical Member (FCM) to be individually designated by the Engineer prior to bidding. In the absence of such designation, the Fracture requirements of Item 4.2 shall be deemed to have been waived. 5.0ne or more of the products quoted herein is nonstandard and not returnable. A down payment equal to 1/3 of the item(s) total is required and must be received prior to commencement of any performance by Contech. Tax will be applied unless a sales tax exemption document has been provided prior to invoicing. 6.Preliminary Assembled ship weight: Approximately +/- 9,300 lbs. subject to final design. Contech will not be liable for any additional construction or installation costs incurred related to a change from a preliminary bid design weight to a final design, regardless of the reason for the change. 7.Prices are f.o.b. origin with freight allowed to the jobsite with unloading by others at a truck accessible location. 8.The estimated lead time for the submittal package is 1-2 weeks from the receipt of a signed purchase document and receipt of the required design documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for this material is 6-8 weeks from the receipt of approved submittal documents. 9.This material will be manufactured for this particular project and is not subject to cancellation. See Section 19 of the Contech COS. 10.This quotation expires 30 days from the date shown. Prices are firm for shipment within 120 days of the date of quotation and are subject to a maximum escalation of 8% for each 30 days thereafter. Page 223 of 265 9-1 Consent Agenda CtatNTEC H` ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quotation Page# 2/3 Quote # QUO-308421-Y6P9Z1 Scope Of Work Steadfast Express Bridge Truss bridge pricing includes the steel truss bridge manufactured in sections sized at the discretion of Contech to facilitate optimum shipments. Sections may require final assembly at the jobsite by others using fasteners supplied by Contech. The following work is not a part of this offer and is to be performed by others at no cost to Contech: 1. All construction surveying, including field measurement and verification of abutments and anchor bolt placement. 2. Design of the bridge foundations unless otherwise stated herein. 3. Excavation and construction of the bridge foundations. 4. Anchor bolt design, supply, installation or templates. 5. Erection and installation of the bridge structure(s). 6. Touch up painting of any and all surfaces damaged during handling, loading, transport, unloading, rigging, fit up or installation. Touch up paint guidelines are available from Contech. 7. Supply and installation of any expansion joint materials required by the contract. 8. Supply and installation of concrete and reinforcing for bridge deck slab or abutments. 9. Any and all costs associated with special inspection or testing by an independent agency. 10. Bridge approach railing or wing wall rails unless specifically included elsewhere on this proposal. 11. All other associated or appurtenant items not specifically referenced and included elsewhere in this proposal. PAYMENT TERMS ARE 1/2 %-10, NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NON-STANDARD ABOVE. IF NON-STANDARD, PAYMENT TERMS ARE 1/3 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION, 2/3 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED, CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS, BUYER'S SIGNATURE BELOW, DIRECTION TO MANUFACTURE, OR ACCEPTANCE OF DELIVERY OF GOODS DESCRIBED ABOVE, SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF AND/OR ON BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC. Acceptance Contech Engineered Solutions LLC. WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech COS INCLUDED HEREWITH AND VIEWABLE AT www.conteches.com/cos By Chad Kitchen Company (0) 801-334-2474 By (F) Title (Cell) Date Title Page 224 of 265 9-1 Consent Agenda CtatNTEC H` ENGINEERED SOLUTIONS A QUIKRIETE® COMPANY Quotation Page# 3/3 Quote # QUO-308421-Y6P9Z1 Contech - CONDITIONS OF SALE 1. ACCEPTANCE. This quotation is an offer to sell to potential customer(s). BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED TO BUYER'S ASSENT TO THE TERMS AND CONDITIONS PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED HEREIN. 2. LIMITED WARRANTIES. Seller warrants that it can convey good title to the products sold under this contract and that they are free of liens and encumbrances. Seller also warrants that the products sold under this contract are substantially free from defects in material and workmanship for a period of one year after the date of delivery. There are no express or implied warranties with respect to products sold hereunder which are misused, abused or used in conjunction with mechanical equipment improperly designed, used or maintained, or which are used, supplied for use or made available for use in any nuclear application of which Seller has not been notified in writing by Buyer at the time of order for the products sold hereunder. SELLER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. 3. LIMITATION OF BUYER'S REMEDIES AND SELLER'S LIABILITY. Seller's liability hereunder shall be limited to the obligation to repair or replace only those products proven to have been defective in material or workmanship at the time of delivery, or allow credit, at its option. Seller's total cumulative liability in any way arising from or pertaining to any product or service sold or required to be sold under this contract shall NOT in any case exceed the purchase price paid by Buyer for such products or services. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR LABOR, OR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY TYPE, WHETHER BUYER'S CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE. IT IS EXPRESSLY AGREED THAT BUYER'S REMEDIES EXPRESSED IN THIS PARAGRAPH ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES. 4. LIMITATION OF BUYER'S REMEDIES AND SELLER'S LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND EXCLUSIVE REMEDIES AND SELLER'S ONLY LIABILITY FOR ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH IN PARAGRAPH 3 OF THIS CONTRACT. 5. FORCE MAJEURE. In any event and in addition to all other limitations stated herein, Seller shall not be liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance, which is (i) due to any act of God, the performance of any government order, any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to law, local labor shortage, fire, flood or other casualty, governmental regulation or requirement, shortage or failure or raw material, supply, fuel, power or transportation, breakdown of equipment, or any cause beyond Seller's reasonable control whether of similar or dissimilar nature to those above enumerated, or (ii) due to any strike, labor dispute, or difference with workers, regardless of whether or not Seller is capable of settling any such labor problem. 6. BUYER'S OBLIGATION TO PASS ON LIMITATION OR WARRANTIES AND REMEDIES. In order to protect Seller against claims by Buyer's buyer, if Buyer resells any of the products purchased under this agreement, Buyer shall include the language contained in paragraphs 2 and 3 of this agreement, dealing with Seller's limitations of warranties and remedies, in an enforceable agreement with Buyers buyer, or otherwise include language in an enforceable agreement with its buyer that makes Seller's limitation of warranties and remedies binding on its buyer. Buyer shall also include a provision in its agreement with its buyer applying Ohio law to any claims its buyer might assert against Seller with respect to products manufactured by Seller, and requiring its buyer to bring any such action against Seller either in federal district court in Cincinnati, Ohio or the common pleas court for Butler County, Ohio. Buyer shall defend, indemnify and hold Seller harmless from any and all claims, causes of action, damages, losses or expenses (including reasonable attorneys' fees) that Seller incurs by reason of Buyer's failure to comply with this paragraph. 7. PASSAGE OF TITLE. Title to the products sold hereunder shall pass upon delivery to the carrier at the point of shipment. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any destination other than specified in the bill of lading without permission of the Seller. Unless otherwise agreed Seller reserves the right to select the mode of transportation. 8. PAYMENTS AND LATE CHARGES ON PAST DUE ACCOUNTS. Buyer represents that Buyer is solvent and can and will pay for the products sold to Buyer in accordance with the terms hereof. If Buyer shall fail to comply with any provision or to make payments in accordance with the terms of this contract or any other contract between Buyer and Seller, Seller may at its option defer shipments or, without waiving any other rights it may have, terminate this contract. All deliveries shall be subject to the approval of Sellers Credit Department. Seller reserves the right, before making any delivery, to require payment in cash or security for payment, and if Buyer fails to comply with such requirement, Seller may terminate this contract. A late charge of 1-%% monthly (18 % annual rate) or the maximum allowed by state law, if less, will be imposed on all past due accounts, and Buyer is responsible for all costs of collection including without limitation reasonable attorneys' fees and court costs. 9. TRANSPORTATION CHARGES. Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reflect changes in transportation charges. 10. CLAIMS BY BUYER. Buyer shall thoroughly inspect products sold under this contract immediately upon receipt to verify conformance with the specifications of the contract. Buyer must notify Seller of claims for failure or delay in delivery within 30 days after the scheduled delivery date. Buyer must notify Seller of any claims for nonconforming or defective products within 30 days after the nonconformity or defect was or should have been discovered. In addition, Seller must be given an opportunity to investigate the claim before Buyer disposes of the material, or else Buyer's claim will be barred. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless the Buyer shall have entered full details thereof on its receipt to the carrier. 11. MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analysis are the result of tests performed on specimens obtained from specific locations of the product(s) in accordance with prescribed sampling procedures; any warranty thereof is limited to the values obtained at such locations and by such procedures. There is no warranty with respect to values of the materials at other locations. 12. PATENTS. Seller shall indemnify Buyer against attorneys' fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the material delivered hereunder in itself constitutes an infringement of any U.S. patent, provided Buyer gives Seller prompt notice of any such suit being brought, gives Seller the opportunity to defend any such suit, and cooperates with Seller with respect to any such defense, unless the material is made in accordance with material designs, or specifications required by Buyer, in which case Buyer shall similarly indemnify Seller. 13. PERMISSIBLE VARIATIONS. The products sold hereunder shall be subject to Seller's standard manufacturing variations, tolerances and classifications. 14. TECHNICAL ADVICE. Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the design requirements of Buyer's project and are suitable for Buyer's intended application. Buyer further represents that it has not relied in any respect on any written or oral statements or advice from Seller, other than the standard product specifications set forth in the most recent addition of Seller's published product brochures, in making that determination. 15. TAXES. No taxes imposed with respect of the sale of the products or services sold hereunder are included in any quotation by Seller. All applicable taxes shall be added and paid by Buyer in addition to the purchase price. 16. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this contract in whole or in part upon notice in writing to Seller. Seller shall thereupon cease work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for the purpose of performing this contract, and Buyer shall pay Seller the sum of the following: (1) the contract price for all products which have been completed prior to termination; (2) the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accounting practice consistently maintained by Seller plus a reasonable profit thereon, but in no event more than the contract price; (3) the cost f.o.b. Sellers plant of materials and supplies acquired especially for the purpose of performing this contract; and (4) reasonable cancellation charges, if any, paid by Seller on account of any commitment(s) made hereunder. 17. SELLER'S RIGHT OF TERMINATION. In addition to the other rights of termination provided for in this contract, and if this contract is made pursuant to any govemmental rule or regulation, plan, order or other directive, upon the directive, effected or impaired.termination thereof, Seller shall have the option of canceling this contract in whole or in part. 18. WAIVER. Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other or future rights or occurrences. 19. DELIVERY. Unless otherwise agreed to in writing by the Seller, the Buyer hereby agrees to take delivery of the materials on this order within the later of thirty (30) days after the wanted date shown on the face of the order or within thirty (30) days after notification, oral or written, that the materials are ready for shipment. In the event that the Buyer does not arrange to take delivery of the materials in accordance with this Contract, Seller, at Seller's option, may: (a) invoice the Buyer for the materials less freight if applicable; store the material in Seller's yard for a period not to exceed sixty (60) days from the date of invoice; charge a storage fee not to exceed 5 % per month or fraction thereof of the selling price of the stored materials; add any applicable price increases listed on the face of the order; charge for any repair work to protective coatings harmed by weathering while such material is being stored; and charge applicable freight when shipment to the Buyer is made. Materials remaining in storage after sixty (60) days from the invoice date shall become the property of the Seller for disposition at the Seller's discretion. In that event, Buyer shall not be liable for the invoice price of the materials, but shall be liable for the storage fee and any repair work to protective coatings; or (b) cancel the order and invoice the Buyer for cancellation charges, which shall be 25 % of the selling price of the materials if the materials are standard, in -stock material, or the full selling price if the materials are special or nonstandard in nature and were especially fabricated for the Buyer. 20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any action by Buyer against Seller relating to this contract or the products sold hereunder, including, without limitation, any action for breach of contract or warranty, or otherwise in connection with the products sold under this contract, must be commenced by Buyer against Seller within one year after the cause of action therefore accrues or one year of delivery of the products sold hereunder, if less. 21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and conditions of any purchase order or other instrument issued by the Buyer, in connection with the subject matter of this document, which are in addition to or inconsistent with the terms and conditions expressed herein, will not be binding on Seller in any matter whatsoever unless accepted by Seller in writing. 22. SEVERABILITY. In case any provision of this contract shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 23. APPLICABLE LAW. This contract shall be governed by, and construed and enforced in accordance with, the laws of Ohio. Buyer and Seller specifically agree that any legal action brought relating to this contract shall be brought and tried exclusively in the federal district court in Cincinnati, Ohio, or, in the absence of jurisdiction, the Butler County Court of Common Pleas in Hamilton, Ohio. REV. 03/15 Page 225 of 265 9-1 Consent Agenda TOP CHORD BOTTOM CHORD ATTACH PLAQUE W/ 6,000 LB VEHICLE LOAD LIMIT & BRIDGE S/N, (1) PLAQUE EACH END OF BRIDGE CONCRETE ABUTMENT (BY OTHERS) DIAGONAL VERTICAL TOE RAIL 8' 2" 8' 0" CLEAR SAFETY RAIL OR PICKET SPACING PRODUCES MAXIMUM OPENINGS OF LESS THAN 4" PLANK HOLDDOWN PLANK SUPPORT MIDBAY SUPPORTS REQUIRED FOR SAFETY RAILS CENTER NAILER WOOD DECK STRINGER C FLOOR BEAM BRACE DIAGONAL 3 SPACES AT 2'-0" = 6'-0" BRIDGE SECTION BRIDGE LENGTH - 50' 0" TOP CHORD 6' 3" Wm - SAFETY RAIL & TOE PLATE OR PICKETS, PICKET TOP RAIL & TOE RAIL NOT SHOWN IN ELEVATION. SEE BRIDGE SECTION FOR CORRECT NUMBER & LOCATION. BOTTOM CHORD 3 SPACES AT 6' 3" = 18'-9" 1'-1" y VERTICAL 1/4" DEAD LOAD CAMBER ONLY 25' 0" SYMMETRICAL ABOUT U OF BRIDGE BRIDGE ELEVATION DIAGONAL GENERAL NOTES 1. DESIGN IS IN ACCORDANCE WITH THE MANUAL OF STEEL CONSTRUCTION FOLLOWING LOAD & RESISTANCE FACTOR DESIGN (LRFD) AS ADOPTED BY THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC), LATEST EDITION. 2. BRIDGE MEMBERS ARE FABRICATED FROM HIGH STRENGTH, LOW ALLOY, ENHANCED ATMOSPHERIC CORROSION RESISTANT ASTM A847 COLD -FORMED WELDED SQUARE AND RECTANGULAR TUBING, AND ASTM A588, ASTM A606, OR ASTM A242 PLATE AND STRUCTURAL SHAPES (Fy=50,000 PSI). 3. BRIDGE DECKING NOMINAL 2-INCH THICK SELECT STRUCTURAL FIR (Fb=1,400 PSI min.) OR SOUTHERN YELLOW PINE (Fb=1,300 PSI min.). TIMBER DECK MATERIAL SHALL BE TREATED WITH ALKALINE COPPER QUATERNARY (ACQ) TO A 0.4 PCF RETENTION OR TO REFUSAL. 4. THE GAS METAL ARC WELDING PROCESS OR FLUX CORED ARC WELDING PROCESS WILL BE USED. 5. ALL TOP AND BOTTOM CHORD SHOP SPLICES TO BE COMPLETE PENETRATION TYPE WELDS. 6. UNLESS OTHERWISE NOTED, WELDED CONNECTIONS SHALL BE FILLET WELDS (OR HAVE THE EFFECTIVE THROAT OF A FILLET WELD) OF A SIZE EQUAL TO THE THICKNESS OF THE LIGHTEST GAGE MEMBER IN THE CONNECTION. WELDS SHALL BE APPLIED AS FOLLOWS: A. BOTH ENDS OF VERTICALS, DIAGONALS, BRACE DIAGONALS AND FLOOR BEAMS SHALL BE WELDED ALL AROUND. B. BOTTOM OF STRINGERS WILL BE STITCH WELDED TO TOP OF FLOOR BEAMS. C. MISCELLANEOUS NON-STRUCTURAL MEMBERS WILL BE STITCH WELDED TO THEIR SUPPORTING MEMBERS. 7. BRIDGE DESIGN WAS ONLY BASED ON COMBINATIONS OF THE FOLLOWING LOADS WHICH WILL PRODUCE MAXIMUM CRITICAL MEMBER STRESSES. A. 60 PSF UNIFORM LIVE LOADING ON THE FULL DECK AREA OR ONE 6,000 POUND VEHICLE LOAD. THE VEHICLE LOAD SHALL BE DISTRIBUTED AS A FOUR-WHEEL VEHICLE WITH 60% OF THE LOAD ON THE REAR WHEELS. THE WHEEL TRACK WIDTH OF THE VEHICLE SHALL BE 4'-0" AND THE WHEEL BASE SHALL BE 5'-6". THE VEHICLE SHALL BE POSITIONED SO AS TO PRODUCE THE MAXIMUM STRESS IN EACH MEMBER, INCLUDING DECKING. B. 25 PSF WIND LOAD ON THE FULL HEIGHT OF THE BRIDGE, AS IF ENCLOSED. C. 20 PSF UPWARD FORCE APPLIED AT THE WINDWARD QUARTER POINT OF THE TRANSVERSE BRIDGE WIDTH (AASHTO 3.15.3). 8. CLEANING: ALL EXPOSED SURFACES OF STEEL SHALL BE CLEANED IN ACCORDANCE WITH STEEL STRUCTURES PAINTING COUNCIL SURFACES PREPARATION SPECIFICATIONS NO. 7 BRUSH-OFF BLAST CLEANING. SSPC-SP7-LATEST EDITION. BOTTOM CHORD PLANK HOLDDOWN — —1I I WOOD DECK PLANK SUPPORT Q I STRINGER j I I I I I I I I I 1 I I CENTER NAILER FLOOR BEAM BRACE DIAGONAL (RUN OVER 2 BAYS) �I DECK LEVEL FRAMING LEVEL BRACING LEVEL Page 226 of 265 BRIDGE PLAN CONTECH PROPOSAL DRAWING r m REVISION DESCRIPTION w 0 Y a N a0 X 0 0 Ln STANDARD LIJ 0 mx Z x aX x 1— x LU 0 w 0_ DATE: XX/XX/XX DESIGNED: DRAWN: N/A CHECKED: APPROVED: PROJECT No.: XXXXX SEQUENCE No.: 1 1 OF 1 EP" qoa ` qo A rap rAp a REACTION TABLE BRIDGE LENGTH: 50 BRIDGE WIDTH: 8 DECK TYPE: WD MERLIN MODEL: 5008WD PRELIMINARY ONLY NOT FOR CONSTRUCTION 50'-2" 2 1/2" F ti COMBINE REACTIONS AS PER LOCAL OR GOVERNING BUILDING CODES AS REQUIRED r` 3 1/4" ANCHOR BOLT ELEVATION BRIDGE REACTIONS + DOWNWARD LOAD — UPWARD LOAD P (LBS) H (LBS) L (LBS) DEAD LOAD 2,320 UNIFORM LIVE LOAD 6,500 VEHICLE LOAD 3,000 WIND UPLIFT 20 PSF WINDWARD LEEWARD — 3,065 — 1,025 WIND ± 780 2,815 THERMAL 815 "P" - VERTICAL LOAD AT EACH BASE PLATE (4 PER BRIDGE) "H" - HORIZONTAL LOAD AT EACH FOOTING (2 PER BRIDGE) "L" - LONGITUDINAL LOAD AT EACH BASE PLATE (4 PER BRIDGE) BRIDGE FINAL WEIGHT: 9,280 LBS liij►-ro. i a;VO n CONSTRUCTION PRODUCTS INC. 9025 Centre Point Drive I Suite 400 West Chester, OH 45420 2 1/2" (8) 3/4" DIA A36 OR A307 GALV. ANCHOR BOLTS W/(2) NUTS & (1) WASHER EA. (BY OTHERS) L CHECK DIAGONAL ,LFN(;THS Tn VERIFY L 48'-6" (INSIDE BOLT TO INSIDE BOLT) PLAN Page 227 of 265 SPECIAL SPECIFICATIONS FOR PREFABRICATED BRIDGE w .\I�, LITCwu° CONSTRUCTION PRODUCTS INC. Steadfast Express Pedestrian Bridges — 508WDH Specifications INTRODUCTION This Specification is to be used as a guide in developing appropriate final specifications suited to the purchaser's particular needs. The two primary objectives of these Special Specifications are: ♦ To provide assurance that the submittals and structures provided in response to the award of performance -specified, prefabricated, steel bridges will completely conform to the desires and expectations of the Specifier and Owner without surprises. ♦ To limit the liability of Specifiers and Owners through following a comprehensive specification process utilizing a well researched published source backed up with an authoritative, technical, specification commentary documenting a full design example. Public safety is thereby assured. The most critical guarantees for both objectives above are the comprehensive, non-proprietary format of the specifications and the specification checklist. When the entire specification is published, proposals received and compliance enforced at the time of award and submittal approval, Specifiers and Owners will get what they expect and reduce their liability for the bridge and other structures. DISCLAIMER TO SPECIFICATIONS This recommended Special Specifications for Prefabricated Bridges has been prepared by CONTECH Construction Products, Inc. as a service to bridge Specifiers and Owners. It is offered in good faith and is based on information believed to be accurate and reliable, but is offered without warranty of any kind, either expressed or implied. CONTECH Construction Products, Inc. and its employees accept no responsibility for any harm resulting from reliance on this document. Compliance with all applicable government regulations or codes remains the full responsibility of the parties to whom the regulation or code applies. 206WDH Specifications i Page 228 of 265 9-1 Consent Agenda 1.0 GENERAL 1.1 Scope These specifications are for a fully engineered clear span bridge of steel construction and shall be regarded as minimum standards for design and construction. These specifications are based on products designed and manufactured by CONTECH Construction Products, Inc., 1.2 Qualified Suppliers Each bidder is required to identify their intended bridge supplier as part of the bid submittal. Qualified suppliers must have at least 10 years experience fabricating these type of structures. Pre -approved Manufacturers: 8301 State Highway 29 North Alexandria, Minnesota 56308 1-800-328-2047 CONTECH Construction Products, Inc. 4021 Gault Avenue South Fort Payne, Alabama 35967 1-800-749-7515 Suppliers other than those listed above may be used provided the engineer or owner's agent evaluates the proposed supplier and approves the supplier 5 business days prior to bid. The contractor must provide the following documentation, for any proposed supplier who is not pre - approved, at least 10 business days prior to bid: 1. Product Literature 2. All documentation to insure the proposed substitution will be in compliance with these specifications. This shall include: - Representative design calculations - Representative drawings - Splicing and erection procedures - Warranty information - Inspection & Maintenance procedures - Welder Qualifications - Quality Management System 3. Proposed suppliers must have at least ten (10) years experience designing and fabricating these type structures and a minimum of ten (10) successful bridge projects, of similar construction, each of which has been in service at least seven (7) years. List the location, bridge size, owner, and a contact for reference for each project. The engineer will evaluate and verify the accuracy of the submittal prior to bid. If the engineer determines that the qualifying criteria have not been met, the contractor's proposed supplier shall be rejected. The engineer's ruling shall be final. 4. The Manufacturer's local representative is to be in attendance at the project pre -bid meeting Page 1 Page 229 of 265 9-1 Consent Agenda 2.0 GENERAL FEATURES OF DESIGN 2.1 Span Bridge spans shall be 50'-0" (straight line dimension) and shall be as measured from each end of the bridge structure (out to out dimension). 2.2 Width Bridge width shall be 8'-0" clear and shall be as measured from the inside face of the elements comprising the Safety system or truss structural members (chords or verticals). 2.3 Bridge System Type Bridge(s) shall be designed as a Half -Through Pony System that has one (1) diagonal per panel and plumb end vertical members. Interior vertical members will be perpendicular to the chord faces. 2.3.1 Bridge(s) shall be designed utilizing an under -hung floor beam (top of floor beam welded to the bottom of the bottom chord) or be designed utilizing an H-Section configuration where the floor beams are placed up inside the trusses and attached to the truss verticals. 2.3.2 The bridge manufacturer shall determine the distance from the top of the deck to the top and bottom truss members based upon structural and/or shipping requirements. 2.3.3 The top of the top chord shall not be less than 42 inches above the deck (measured from the high point of the riding surface) on bike path structures. 2.4 Member Components All members of the vertical trusses (top and bottom chords, verticals, and diagonals) shall be fabricated from square and/or rectangular structural steel tubing. Other structural members and bracing shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. Unless the floor and fastenings are specifically designed to provide adequate lateral support to the top flange of open shape stringers (W-shapes or channels), a minimum of one stiffener shall be provided in each stringer at every floor beam location. 2.5 Attachment 2.5.1 Safety Rails — Horizontal system Horizontal safety rails shall be placed on the structure to a minimum height of 3'-0" above the deck surface. The pickets shall be spaced so as to prevent a 4" sphere from passing through the truss. Rails may be placed on the inside or outside of the structure at the bridge fabricators option unless specified otherwise by the Customer. The horizontal safety system shall be designed for an infill loading of 200 pounds, applied horizontally at right angles, to a one square foot area at any point in the system. 2.6 Camber The bridge shall have a vertical camber dimension at mid -span equal to 125% of the full dead load deflection. 2.7 Elevation Difference The bridge abutments shall be constructed at the same elevation on both ends of the bridge. Page 230 of 265 Page 2 9-1 Consent Agenda 3.0 ENGINEERING Structural design of the bridge structure(s) shall be performed by or under the direct supervision of a Licensed Professional Engineer and done in accordance with recognized engineering practices and principles. The Licensed Professional Engineer is to hold a current P.E. or S.E. license (where required) in the state where the bridge will be erected. 3.1 Design Loads In considering design and fabrication issues, this structure shall be assumed to be statically loaded. No dynamic analysis shall be required nor shall fabrication issues typically considered for dynamically loaded structures be considered for this bridge. 3.1.1 Dead Load The bridge structure shall be designed considering its own dead load (superstructure and original decking) only. No additional dead loading need be considered. 3.1.2 Uniform Live Load (Per International Building Code, 2006; Table 1607: Walkways & Elevated Platforms) 3.1.2.1 Pedestrian Live Load Main Members: Main supporting members, including girders, trusses and arches shall be designed for a pedestrian live load of 60 pounds per square foot of bridge walkway area. The pedestrian live load shall be applied to those areas of the walkway so as to produce maximum stress in the member being designed. If the bridge walkway area to which the pedestrian live load is applied (deck influence area) exceeds 400 square feet, the pedestrian live load may be reduced by the following equation: w = 60 [0.25 + 15 )] V A, Where w is the design pedestrian load (psf) and A, is the deck influence area in square feet. The reduced design live load shall not be less than 40 pounds per square foot of bridge walkway area. Secondary Members: Bridge decks and supporting floor systems, including secondary stringers, floor beams and their connections to main supporting members shall be designed for a live load of 60 pounds per square foot, with no reduction allowed. 3.1.3 Concentrated Loads The bridge superstructure, floor system and decking shall be designed for each of the following point load conditions: 3.1.3.1 A concentrated load of 1000 pounds placed on any area 2.5 ft x 2.5 ft square (Verify) 3.1.3.2 A 1200 pound two wheel vehicle with a wheelbase and tire print area as shown in the following diagram: -00-- 1.5" DIRECTION OF BRIDGE SPAN 4" Page 3 I� 600 LBS. 60" Page 231 of 265 ►I 600 LBS. 9-1 Consent Agenda 3.1.3.3 A four wheeled vehicle with the appropriate wheelbase, tire track and tire print area as shown in the following diagram: (See Table I for the values corresponding to the selected vehicle.) INSIDE OF TRUSS MEMBERS OR CURB A U L PR REAR t 4N DIRECTION OF BRIDGE SPAN WB t 1 PF FRONT Vehicle Axle and Wheel Spacings Front Wheels Rear Wheels Bridge Width Weight WB T PF L W PR L W C 6' 4,000# 48" 32" 1,000# 2.0" 5.0" 1,000# 2.0" 5.0" 9" 8' 6,000# 66" 48" 1,500# 2.5" 6.0" 1,500# 2.5" 6.0" 12" 10' 8,000# 102" 60" 1,600# 3.0" 8.0" 2,400# 3.0" 8.0" 15" 12' 10,000# 120" 72" 2,000# 3.5" 8.5" 3,000# 3.5" 8.5" 18" (*C is the minimum dimension from center of wheel to the inside face of truss or curb. ) TABLE All of the concentrated or wheel loads shall be placed so as to produce the maximum stress in each member being analyzed. Critical stresses need be calculated assuming there is only one vehicle on the bridge at any given time. Assumptions that vehicles only travel down the center of the bridge or that the vehicle load is a uniform line load will not be allowed. Each four wheeled vehicle load listed in Table I, up to and including the maximum weight vehicle selected, must be used in determining critical deck stresses. The wheel distribution for deck design shall be as specified in Section 4.3.1. Stringers shall be designed for the applied wheel loads assuming no lateral load distribution to adjacent stringers. A vehicle impact allowance is not required. 3.1.4 Wind Load 3.1.4.1 Horizontal Forces The bridge(s) shall be designed for a wind load of 25 pounds per square foot on the full vertical projected area of the bridge as if enclosed. The wind load shall be applied horizontally at right angles to the longitudinal axis of the structure. Page 232 of 265 9-1 Consent Agenda Page 4 The wind loading shall be considered both in the design of the lateral load bracing system and in the design of the truss vertical members, floor beams and their connections. 3.1.4.2 Overturning Forces The effect of forces tending to overturn structures shall be calculated assuming that the wind direction is at right angles to the longitudinal axis of the structure. In addition, an upward force shall be applied at the windward quarter point of the transverse superstructure width. This force shall be 20 pounds per square foot of deck. 3.1.5 Top Chord/Railing Loads The top chord, truss verticals, and floor beams shall be designed for lateral wind loads (per section 3.1.4.1) and for any loads required to provide top chord stability as outlined in Section 3.3.6; however, in no case shall the load be less than 50 pounds per lineal foot or a 200 pound point load, whichever produces greater stresses, applied in any direction at any point along the top chord or at the top of the safety system if higher than the top chord. 3.1.6 Load Combinations The loads listed herein shall be considered to act in the following combinations, whichever produce the most unfavorable effects on the bridge superstructure or structural member concerned. [DL=Dead Load; LL = Live Load; WL = Wind Load; VEH = Vehicle Load] DL + LL DL + VEH D L+W L DL+LL+W L DL+VEH+.3WL NOTE: Allowable stresses may be increased 1/3 above the values otherwise provided when produced by wind loading, acting alone or in combination with the design dead and live loads. It shall be the responsibility of the foundation engineer to determine any additional loads (i.e. earth pressure, stream force on abutments, wind loads other than those applied perpendicular to the long axis of the bridge, etc.) and load combinations required for design of the abutments. 3.2 Design Limitations 3.2.1 Deflection 3.2.1.1 Vertical Deflection The vertical deflection of the main trusses due to service pedestrian live load shall not exceed 1/400 of the span. The deflection of the floor system members (floor beams and stringers) due to service pedestrian live load shall not exceed 1/360 of their respective spans. The service pedestrian live load shall be 60 PSF, reduced in accordance with Section 3.1.2.1, but should in no case be less than 40 PSF for deflection checks. Deflection limits due to occasional vehicular traffic shall not be considered. 3.2.1.2 Horizontal Deflection Page 233 of 265 Page 5 9-1 Consent Agenda The horizontal deflection of the structure due to lateral wind loads shall not exceed 1/500 of the span under an 85 MPH (25 PSF) wind load. 3.2.2 Minimum Thickness of Metal All structural steel members shall be in accordance with the AISC Manual of Steel Constructions' "Standard Mill Practice Guidelines". For ASTM A500 and ASTM A847 tubing, the section properties used for design shall be per the Steel Tube Institute of North America's Hollow Structural Sections "Dimensions and Section Properties". 3.3 Governing Design Codes / References Structural members shall be designed in accordance with recognized engineering practices and principles as follows: 3.3.1 Structural Steel Allowable Stresses American Institute of Steel Construction (AISC). Structural steel design shall be in accordance with those sections of the AISC "Manual of Steel Construction: LRFD; (Load Resistance Factor Design) related to design requirements and allowable stresses. 3.3.2 Welded Tubular Connections American National Standards Institute / American Welding Society (ANSI/AWS) and the Canadian Institute of Steel Construction (CISC). All welded tubular connections shall be checked, when within applicable limits, for the limiting failure modes outlined in the ANSI/AWS D1.1 Structural Welding Code or in accordance with the "Design Guide for Hollow Structural Section Connections" as published by the Canadian Institute of Steel Construction (CISC). When outside the "validity range" defined in these design guidelines, the following limit states or failure modes must be checked: • Chord face plastification • Punching shear (through main member face) • Material failure - Tension failure of the web member - Local buckling of a compression web member Weld failure - Allowable stress based on "effective lengths" - "Ultimate" capacity • Local buckling of a main member face • Main member failure: - Web or sidewall yielding - Web or sidewall crippling - Web or sidewall buckling - Overall shear failure All tubular joints shall be plain unstiffened joints (made without the use of reinforcing plates) except as follows: Floor beams hung beneath the lower chord of the structure may be constructed with or Page 234 of 265 Page 6 9-1 Consent Agenda without stiffener (or gusset) plates, as required by design. Floor beams which frame directly into the truss verticals (H-Section bridges) may be designed with or without end stiffening plates as required by design. Where chords, end floor beams and in high profiles the top end struts weld to the end verticals, the end verticals (or connections) may require stiffening to transfer the forces from these members into the end vertical. Truss vertical to chord connections. NOTE: The effects of fabrication tolerances shall be accounted for in the design of the structure. Special attention shall be given to the actual fit -up gap at welded truss joints. 3.3.4 Wood American Institute of Timber Construction (AITC), the U.S. Forest Products Laboratory, and the American Forest & Paper Association (AF&PA). Sawn lumber shall be designed in accordance with the ANSI/AF&PA NDS, "National Design Standard for Wood Construction", as published by the American Forest & Paper Association or the "Timber Construction Manual" as published by the American Institute of Timber Construction (AITC). 3.3.5 Top Chord Stability Structural Stability Research Council (SSRC), formerly Column Research Council. The top chord shall be considered as a column with elastic lateral supports at the panel points. The critical buckling force of the column, so determined, shall exceed the maximum force from dead load and live load (uniform or vehicular) in any panel of the top chord by not less than 50 percent for parallel chord truss bridges. The design approach to prevent top chord buckling shall be as outlined by E.C. Holt's research work in conjunction with the Column Research Council on the stability of the top chord of a half -through truss. See Appendix A for the calculation of the spring constant C and the determination of an appropriate K factor for out -of -plane buckling. In addition, for the dead load plus vehicle load combination, the spring constant "C" furnished by the transverse "U-Frames" shall not be less than "C" required as defined by: 1.46 Pc C required = L where Pc is the maximum top chord compression due to dead load plus the vehicle load times the appropriate safety factor (1.5 for parallel chord truss bridges) and L is the length in inches of one truss panel or bay. For uniformly loaded bridges, the vertical truss members, the floor beams and their connections (transverse frames) shall be proportioned to resist a lateral force of not less than 1/100k times the top chord compressive load, but not less than .004 times that top chord load, applied at the top chord panel points of each truss. The top chord load is determined by using the larger top chord axial force in the members on either side of the "U-frame" being analyzed. For end frames, the same concept applies except the transverse force is 1 % of the axial load in the end post member. For bridges with vehicle loads, the lateral force applied at the top chord elevation for design of the transverse frames shall not be less than 1 % of the top chord compression due to dead load plus any vehicle loading The bending forces in the transverse frames, as determined above, act in conjunction with all forces produced by the actual bridge loads as determined by an appropriate analysis which assumes that the floor beams are "fixed" to the trusses at each end. Page 235 of 265 Page 7 9-1 Consent Agenda NOTE: The effects of three dimensional loading (including "U-frame" requirements) shall be considered in the design of the structure. The "U-frame" forces shall be added to the forces derived from a three dimensional analysis of the bridge. 4.0 MATERIALS 4.1 Steel 4.1.1 Unpainted Weathering Steel Bridges shall be fabricated from high strength, low alloy, atmospheric corrosion resistant ASTM A847 cold -formed welded square and rectangular tubing and/or ASTM A588, or ASTM A242, ASTM A606 plate and structural steel shapes (Fy = 50,000 psi). The minimum corrosion index of atmospheric corrosion resistant steel, as determined in accordance with ASTM G101, shall be 6.0. 4.3 Decking 4.3.1 Wood Decking All decking shall be full thickness planks unless approved otherwise 4.3.1.1 Coastal Douglas Fir Select structural grade, surfaced 4 sides, minimum 70% free of heart center, light to no wane, precision end trimmed, incised and pressured treated to 0.40/refusal ACQ (Osmose Naturewood), stickered for air dry after treating. Fb = 1,400 psi (minimum) 4.3.1.2 Southern Yellow Pine Southern Yellow Pine Lumber #1 common, surfaced four sides (s4s), Trimmed to length, Treated with CCA .60 retention, bending strength of 1600. Product to be graded for low to no wane (above #1 spec). Fb = 1,300 psi (minimum) 4.3.1.1 Wood Decking Attachment At time of installation, planks are to be placed tight together with no gaps. Every plank must be attached with at least one fastener at each end. All fasteners to be zinc plated. Self -tapping screws or hex -head bolts, with a steel plank holddown, are to be used at the ends of planks. Self -tapping screws or carriage bolts are to be used as interior connection fasteners when required. Power actuated fasteners will not be allowed. Planks are to be drilled prior to installation of bolts and/or screws. In addition to at least one fastener at each end of every plank (typical for all installations), one (1) additional fastener will be located at the mid -span location of every deck board NOTE: Attachments at the ends of the planks may be modified as required when obstructions, such as interior safety system elements, prevent installation of the specified hold down system. Page 236 of 265 Page 8 9-1 Consent Agenda 5.0 WELDING 5.1 Welding Welding and weld procedure qualification tests shall conform to the provisions of ANSI/AWS D1.1 "Structural Welding Code", 1996 Edition. Filler metal shall be in accordance with the applicable AWS Filler Metal Specification (i.e. AWS A 5.28 for the GMAW Process). For exposed, bare, unpainted applications of corrosion resistant steels (i.e. ASTM A588 and A847), the filler metal shall be in accordance with AWS D1.1, Section 3.7.3. 5.2 Welders Welders shall be properly accredited operators, each of whom shall submit certification of satisfactorily passing AWS standard qualification tests for all positions with unlimited thickness of base metal, have a minimum of 6 months experience in welding tubular structures and have demonstrated the ability to make uniform sound welds of the type required. 6.0 SUBMITTALS 6.1 Submittal Drawings Schematic drawings and diagrams shall be submitted to the customer for their review after receipt of order. Submittal drawings shall be unique drawings, prepared to illustrate the specific portion of the work to be done. All relative design information such as member sizes, bridge reactions, and general notes shall be clearly specified on the drawings. Drawings shall have cross referenced details and sheet numbers. All drawings shall be signed and sealed by a Professional Engineer who is licensed in accordance with Section 3.0. 6.2 Structural Calculations Structural calculations for the bridge superstructure shall be submitted by the bridge manufacturer and reviewed by the approving engineer. All calculations shall be signed and sealed by a Professional Engineer who is licensed in accordance with Section 3.0. The calculations shall include all design information necessary to determine the structural adequacy of the bridge. The calculations shall include the following: All AISC LRFD stress checks for axial, bending and shear forces in the critical member of each truss member type (i.e. top chord, bottom chord, floor beam, vertical, etc.). Checks for the critical connection failure modes for each truss member type (i.e. vertical, diagonal, floor beam, etc.). Special attention shall be given to all welded tube on tube connections (see section 3.3.2 for design check requirements). All bolted splice connections. Main truss deflection checks. U-Frame stiffness checks (used to determine K factors for out -of -plane buckling of the top chord) for all half through or "pony" truss bridges. Deck design. NOTE: The analysis and design of triangulated truss bridges shall account for moments induced in members due to joint fixity where applicable. Moments due to both truss deflection and joint eccentricity must be considered. 6.3 Welder certifications in compliance with AWS standard qualification tests. 6.4 Welding procedures in compliance with Section 5.1. 7.0 FABRICATION 7.1 General Requirements Page 237 of 265 Page 9 9-1 Consent Agenda 7.1.1 Drain Holes When the collection of water inside a structural tube is a possibility, either during construction or during service, the tube shall be provided with a drain hole at its lowest point to let water out. 7.1.2 Welds Special attention shall be given to developing sufficient weld throats on tubular members. Fillet weld details shall be in accordance with AWS D1.1, Section 3.9 (See AWS Figure 3.2). Unless determined otherwise by testing, the loss factor "Z" for heel welds shall be in accordance with AWS Table 2.8. Fillet welds which run onto the radius of a tube shall be built up to obtain the full throat thickness (See Figure 7.1). The maximum root openings of fillet welds shall not exceed 3/16" in conformance with AWS D1.1, Section 5.22. Weld size or effective throat dimensions shall be increased in accordance with this same section when applicable (i.e. fit -up gaps> 1/16"). RADIUS OF TUBE TO BE BUILT UP IN ORDER TO OBTAIN FULL WELD THROAT THICKNESS FIGURE 7.1 BUILD UP RADIUS WELD The fabricator shall have verified that the throat thickness of partial joint penetration groove welds (primarily matched edge welds or the flare -bevel -groove welds on under -hung floor beams) shall be obtainable with their fit -up and weld procedures. Matched edge welds shall be "flushed" out when required to obtain the full throat or branch member wall thickness. For full penetration butt welds of tubular members, the backing material shall be fabricated prior to installation in the tube so as to be continuous around the full tube perimeter, including corners. Backing may be of four types: A "box" welded up from four (4) plates. Two "channel' sections, bent to fit the inside radius of the tube, welded together with full penetration welds. A smaller tube section which slides inside the spliced tube. A solid plate cut to fit the inside radius of the tube. Corners of the "box" backing, made from four plates, shall be welded and ground to match the inside corner radii of the chords. The solid plate option shall require a weep hole either in the chord wall above the "high side" of the plate or in the plate itself. In all types of backing, the minimum fit -up tolerances for backing must be maintained at the corners of the tubes as well as across the "flats". Page 238 of 265 Page 10 9-1 Consent Agenda 7.2 Quality Certification Bridge(s) shall be fabricated by a fabricator who is currently certified by the American Institute of Steel Construction to have the personnel, organization, experience, capability, and commitment to produce fabricated structural steel for the category "Major Steel Bridges" as set forth in the AISC Certification Program. Quality control shall be in accordance with procedures outlined for AISC certification. For painted structures, the fabricator must hold a "Sophisticated Paint Endorsement' as set forth in the AISC certification program. Furthermore, the bridge(s) shall be fabricated in a facility owned and/or leased by the corporate owner of the manufacturer, and fully dedicated to bridge manufacturing. 8.0 FINISHING 8.1 Blast Cleaning 8.1.1 Bare applications of enhanced corrosion resistant steels. All Blast Cleaning shall be done in a dedicated OSHA approved indoor facility owned and operated by the bridge fabricator. Blast operations shall use Best Management Practices and exercise environmentally friendly blast media recovery systems. To aid in providing a uniformly "weathered" appearance, all exposed surfaces of steel shall be blast cleaned in accordance with Steel Structures Painting Council Surface Preparation Specifications No. 7 Brush -Off Blast Cleaning, SSPC-SP7 latest edition. Exposed surfaces of steel shall be defined as those surfaces seen from the deck and from outside of the structure. Stringers, floor beams, lower brace diagonals and the inside face of the truss below deck and bottom face of the bottom chord shall not be blasted. 9.0 DELIVERY AND ERECTION 9.1 Delivery is made to a location nearest the site which is easily accessible to normal over -the -road tractor/trailer equipment. All trucks delivering bridge materials will need to be unloaded at the time of arrival. 9.2 The manufacturer will provide detailed, written instruction in the proper lifting procedures and splicing procedures (if required). The method and sequence of erection shall be the responsibility of others. 9.3 The bridge manufacturer shall provide written inspection and maintenance procedures to be followed by the bridge owner. 10.0 BEARINGS 10.1 Bearing Devices Bridge bearings shall consist of a steel setting or slide plate placed on the abutment or grout pad. The bridge bearing plate which is welded to the bridge structure shall bear on this setting plate. One end of the bridge will be fixed by fully tightening the nuts on the anchor bolts at that end. The opposite end will have finger tight only nuts to allow movement under thermal expansion or contraction. The bridge bearings shall sit in a recessed pocket on the concrete abutment. Minimum 28-day strength for the abutment concrete shall be 3,000 PSI. The bearing seat shall be a minimum of 16" wide. The step height (from bottom of bearing to top -of -deck) shall be determined by the bridge manufacturer. 11.0 FOUNDATIONS Unless specified otherwise, the bridge manufacturer shall determine the number, diameter, minimum grade and finish of all anchor bolts. The anchor bolts shall be designed to resist all horizontal and uplift Page 239 of 265 9-1 Consent Agenda Page 11 forces to be transferred by the superstructure to the supporting foundations. Engineering design of the bridge supporting foundations (abutment, pier, bracket and/or footings), including design of anchor bolt embedments, shall be the responsibility of the foundation engineer. The contractor shall provide all materials for (including anchor bolts) and construction of the bridge supporting foundations. The contractor shall install the anchor bolts in accordance with the manufacturer's anchor bolt spacing dimensions. Information regarding bridge support reactions and anchor bolt locations will be furnished by the bridge manufacturer after receipt of order and after the bridge design is complete. 12.0 PAYMENT A partial payment or "deposit" for the prefabricated bridge shall be made upon order and storage as required by the terms of the manufacturer. 13.0 WARRANTY The bridge manufacturer shall warrant their steel structure(s) to be free of design, material and workmanship defects for a period of ten years from the date of delivery. Naturally durable hardwood decking and hardwood attachments shall carry a ten-year warranty against rot, termite damage, or fungal decay. Other types of wood are excepted under this warranty. This warranty shall not cover defects in the bridge caused by abuse, misuse, overloading, accident, improper maintenance, alteration or any other cause not the result of defective materials or workmanship. This warranty shall be void unless owner's records can be supplied which shall indicate compliance with the minimum guidelines specified in the inspection and maintenance procedures. Repair or replacement shall be the exclusive remedy for defects under this warranty. The bridge manufacturer shall not be liable for any consequential or incidental damages for breach of any express or implied warranty on their structure Page 240 of 265 Page 12 9-1 Consent Agenda 14.0 APPROVAL CHECKLIST The following checklist will be used in the evaluation of all submittals to assure compliance with the Special Specifications for Prefabricated Bridge. This checklist is considered the minimum acceptable requirements for compliance with these specifications. Any deviations from this checklist shall be considered grounds for rejection of the submittal. Any costs associated with delays caused by the rejection of the submittal, due to non-compliance with this checklist, shall be fully borne by the contractor and bridge supplier. SUBMITTAL DRAWINGS Data Required to be Shown: ❑ Weld Failure Checks (Ultimate) ❑ Bridge Elevation ❑ Local Buckling of the Main Member Face Checks ❑ Bridge Cross Section ❑ Main Member Yielding Failure Checks ❑ All Member Sizes ❑ Main Member Crippling Failure Checks ❑ All Vertical Truss Members are Square ❑ Main Member Buckling Failure Checks or Rectangular Tubing ❑ Main Member Shear Failure Checks ❑ Bridge Reactions ❑ All Bolted Splice Checks (if applicable) ❑ General Notes Indicating ❑ Main Truss Deflection Checks ❑ AISC Stress Conformance ❑ Decking Material Checks ❑ Material Specifications to be Followed ❑ "U-Frame" Stiffness Checks (if applicable) ❑ Design Live Load ❑ Interior and End Portal Design Checks (if applicable) ❑ Design Vehicle Load (If Applicable) ❑ Determination of Top Chord K Factor Based on "U-Frame" ❑ Design Wind Load Stiffness (if applicable) ❑ Other Specified Design Loads ❑ Consideration of Individual Member Moments Due to ❑ Welding Process Truss Deflection, Joint Fixity and Joint Eccentricity ❑ Blast Cleaning ❑ Paint System to be Used (If Applicable) FABRICATION SUBMITTALS ❑ Paint Color Chart (If Applicable) Data Required to be Shown: ❑ Detailed Bolted Splices (If Applicable) ❑ Bolted Splice Location (If applicable) _'* Written Installation Instructions ❑ Signature and Seal of Professional Engineer, i** Written Splicing Instructions licensed in Accordance with Section 3.0 _'* Written Maintenance & Inspection Instructions i** Welder Certifications DESIGN CALCULATIONS ** Welding Procedures Data Required to be Shown: Material Certifications (if applicable) Structural Steel (if applicable) ❑ Data Input for 3-D Analysis of Bridge i Decking (if applicable) ❑ Joint Coordinates & Member Incidences Structural Bolts (if applicable) ❑ Joint and Member Loads I** Quality Control Section of AISC ❑ Member Properties Certification Manual (if applicable) ❑ Load Combinations i** Painter Certifications (if applicable) ❑ AISC Member Stress Checks for Each Member Type _1 Weld Testing Reports (if applicable) ❑ Critical Connection Failure Mode Checks For Each Member Type i Chord Face Plastification Checks ** NOTE: These items are required to be submitted Punching Shear Checks along with Submittal Drawings and Design Calculations. Material Failure Checks (Truss Webs) Those Fabrication Submittal Items not marked are Weld Failure Checks (Effective Length) be submitted prior to shipment of the bridge. Page 13 Page 241 of 265 9-1 Consent Agenda Appendix A 1/K FOR VARIOUS VALUES OF CL/Pc and n n 1/K 4 6 8 10 12 14 16 1.000 3.686 3.616 3.660 3.714 3.754 3.785 3.809 0.980 3.284 2.944 2.806 2.787 2.771 2.774 0.960 3.000 2.665 2.542 2.456 2.454 2.479 0.950 2.595 0.940 2.754 2.303 2.252 2.254 2.282 0.920 2.643 2.146 2.094 2.101 2.121 0.900 3.352 2.593 2.263 2.045 1.951 1.968 1.981 0.850 2.460 2.013 1.794 1.709 1.681 1.694 0.800 2.961 2.313 1.889 1.629 1.480 1.456 1.465 0.750 2.147 1.750 1.501 1.344 1.273 1.262 0.700 2.448 1.955 1.595 1.359 1.200 1.111 1.088 0.650 1.739 1.442 1.236 1.087 0.988 0.940 0.600 2.035 1.639 1.338 1.133 0.985 0.878 0.808 0.550 1.517 1.211 1.007 0.860 0.768 0.708 0.500 1.750 1.362 1.047 0.847 0.750 0.668 0.600 0.450 1.158 0.829 0.714 0.624 0.537 0.500 0.400 1.232 0.886 0.627 0.555 0.454 0.428 0.383 Top Chord Where: C = --*C C� Vertical (L) Flr Beam (I,,) b " U - Frame" E h2 [h/3Iv +b/2Ib] L = Length in inches of one truss panel P = Buckling Load (= Top Chord Compression x F.S.) n = Number of Panels Reference: Galambos, T.V. (1988) "Guide to Stability Design Criteria for Metal Structures", 4th Ed., PP 515-529. Copyright © 1988. Reprinted by permission of John Wiley and Sons, Inc. Page 14 Page 242 of 265 9-1 Consent Agenda BIG R BRIDGE Big R Bridge PO Box 1290 Greeley, Colorado 80632-1290 T 1970 356 9600 F 1970 356 9621 bigrbridge.wm PROJECT: Moab City 2018 Ped Bridge - Moab, UT Tif Miller City of Moab 217 East Center Street Moab, UT 84532-2439 Item Description Phone: (435) 259-5121 Email: tmiller@moabcity.org QUOTATION Quotation Date: Bid Date: Expiration Date: Opportunity No.: 3/2/2018 3/2/2018 4/2/2018 2018-00284 Qty Total Price 1 Prefabricated steel truss pedestrian bridge with features as described below: 1 ea. $ 34,300.00 Bridge Model: Ped Truss Bridge Length: 50.00 ft. (out to out dimension) Width: 8.00 ft. (clear between rails) Design Code: IBC / AISC Design Vehicle: 10,000 Ibs Live Load: 60 psf Number of Pieces: 1 Finish: A847 & A588 (Weathering), SP-7 Brush -Off Blast Bridge Decking: 3"x12" (Nom) Select Structural Douglas Fir .4 ACQ treated (shop installed) Railing Type: Horizontal with 4" maximum openings Railing Height: 3'-6" - Pedestrian Included Options: Parallel Chord, Underhung, Pratt Truss, Plumb End Vertical Bearings: Big R Bridge Designed Bearings are included. Preliminary Superstructure Weight: 12,000 lbs. Special Considerations: • Excludes UDOT specification requirements • Steel members have a minimum wall thickness of 3/16" To ensure quality standards are followed, Big R Bridge holds the following certifications: Pete Niemann I Market Manager - Mountain Region, Phone: 970-584-2382, Email: pniemann@bigrbridge.com 1 Page 243 of 265 9-1 Consent Agenda BIG R BRIDGE Big R Bridge PO Box 1290 Greeley, Colorado 80632-1290 T 1970 356 9600 F 1970 356 9621 bigrbridge.wm In the United States we are certified under the AISC Quality Certification Program for Simple and Major Steel Bridges with Fracture Critical and Sophisticated Paint endorsements. Shop drawings will be provided, signed and sealed by a Professional Engineer registered in the State of Utah Dimension & Weight Disclaimer: ■ All dimensions and weights listed in this proposal are approximate and are subject to change upon final design parameters and customer approval of engineered submittal drawings. ■ Do not base the selection and/or mobilization of installation equipment from approximate dimensions and weights. ■ Final dimensions and weights will be noted on customer approved submittal drawings. The following items are not included with this proposal: ■ third party inspections at any time during the project duration, ■ design, excavation and construction of bridge abutments, ■ anchor bolt design, supply and installation, ■ unloading and assembly of bridge at the project site, ■ site surveys, permitting or geotechnical evaluations, ■ any federal, state, county or local sales tax, ■ approach rail, ■ expansion/sealed or compression joints, ■ UT or RT testing, ■ fracture critical consideration, ■ bridge grade or skewed ends. We hereby order the products and services covered in this Quotation subject to the General Terms and Conditions of Sale as well as Product Specific Terms and Conditions of Sale attached to and incorporated by reference to this Quotation. Accepted by: Title: Company: Date: Opportunity No.: Project: 2018-00284 Moab City 2018 Ped Bridge - Moab, UT Quote by: Pete Niemann, Market Manager - Mountain Region Phone: 970-584-2382 Email: pniemann@bigrbridge.com Pete Niemann I Market Manager - Mountain Region, Phone: 970-584-2382, Email: pniemann@bigrbridge.com 2 Page 244 of 265 9-1 Consent Agenda BIG R BRIDGE Big R Bridge PO Box 1290 Greeley, Colorado 80632-1290 T 1970 356 9600 F 1970 3569621 bigrbridge.com GENERAL TERMS AND CONDITIONS OF SALE 1. Acknowledgment: Acceptance and signing of this Quotation constitutes full acceptance of all terms contained herein. Conflicting or additional terms in Customer's purchase order or contract shall not apply. Notwithstanding the foregoing, final acceptance of this signed Quotation by Big R Bridge is subject to credit approval of the Customer, which is at Big R Bridge's sole discretion. Vist-A-Wall Systems is a division of Big R Bridge and all references made herein to Big R Bridge shall be interpreted interchangeable with Vist-A-Wall Systems. 2. Payment Terms: At time of order, a progress payment as defined by the Product Specific Terms and Conditions of Sale will be required. If a progress payment, as defined, is not received prior to expiration of this Quote, then pricing is subject to change due to fluctuations in material, freight and other service costs. Additional progress payments may be required depending upon the complexity and schedule of the project. Credit terms will be determined on the remaining balance, after review of trade and bank reference made by our credit department. Payment terms of Net 30 days, contained in this proposal, may not be changed without written authorization from Big R Bridge. Acceptance of this Quotation constitutes acceptance of these credit terms. Customer and any guarantor(s) jointly and severally agree to (1) reimburse Big Bridge for all reasonable cost of collecting any outstanding payments, including attorney fees and (2) pay interest on such outstanding payments due past 30 days at the maximum legal interest rate allowed by law in the State of Colorado or the state in which the project is located, whichever is higher. In addition, no retention shall be withheld from payments. If unauthorized retention is withheld from the payment by the Customer, for whatever reason, the retention balance shall be subject to an additional Service Charge of 2% per month on any balance due past 30 days from invoice date. PAYMENTS TO BIG R BRIDGE SHALL NOT BE DEPENDENT UPON, OR OTHERWISE SUBJECT TO OR CONDITIONED UPON, THE RECEIPT BY CUSTOMER OF PAYMENT FROM THE OWNER OR ANY OTHER SOURCE. 3. Delivery Point & Acceptance: Prices include delivery to Moab, Utah, via standard highway tractor -trailer unless otherwise stated in this Quote and as close to the project location as trucks can reasonably access and be driven under their own power without specialized equipment (e.g. steerable dolly, transfer cranes, etc.), or, at Customer's option, to storage with the same access conditions. If the Customer changes the delivery schedule within 2 weeks of scheduled delivery there is a $1,000 change fee plus any permit fees, pilot cars and any other expenses or losses incurred by the date change. It is the Customer's responsibility to unload and assemble. Unloading time exceeding 11A hours per load will be billed at $150.00 per hour. Any delays by customer exceeding 3 Y. hours could result in additional expenses to the freight carrier for additional loss of revenue. Customer shall be responsible to provide suitable facilities for storage and unloading. Customer shall verify the condition and quantity of product and materials with the trucker Bill of Lading within 24 hours of delivery and shall notify Big R Bridge in writing of any discrepancies within the same time period. If notice is not received within 24 hours, then Customer waives its right to claim and it will be at Big R Bridge's sole discretion to decide if a remedy is appropriate. Big R Bridge will not be responsible for any loss or damage to products and materials covered by this Quotation after delivery. Installation by customer constitutes acceptance of product and/or materials supplied. 4. Submittal and Delivery Dates: After an order has been placed, Big R Bridge and the Customer will agree upon a delivery date(s) ("Delivery Date(s)") which will be confirmed by Big R Bridge. As the project proceeds, periodic adjustment to a single (or multiple) Delivery Date(s) may occur upon agreement between both parties. Unless otherwise agreed upon in writing, the Customer is allowed 14 calendar days from transmittal of submittals to provide Big R Bridge with approval to fabricate. Delays in approval of submittal drawings beyond the specified approval time shall extend delivery dates. The extension of the delivery date will be renegotiated between Big R Bridge and the Customer based on when actual approval is obtained and the then current production schedule of Big R Bridge. If after 30 calendar days, submittal approval has not been received, Customer will be invoiced for all engineering fees incurred to date and the delivery schedule will be revised to reflect current Big R Bridge backlog/production demands and price renegotiation of this Quote may occur. If after 60 calendar days, submittal approval has not been received, then the project will be placed ON HOLD, with no further action being taking by Big R Bridge. Customer will be invoiced for all costs incurred to date and a revised Delivery Date(s) will be determined only once approval is received, current Big R Bridge production capacity is reviewed, and all outstanding invoices have been paid in full. If for any reason, the Customer delays delivery beyond the Delivery Date(s) (or any agreed revisions thereto), the Customer will be immediately invoiced for 100% of the purchased price and payment is due Net 30 days from date of invoice. If delivery is not taken by the Delivery Date(s) (or any revisions thereto), a storage fee of $500.00 per month per structure or span (not delivered) will also be assessed beginning the 1st of the month immediately following the Delivery Date(s). All storage fees must be paid prior to shipment of product. Also, Big R Bridge reserves the right to re -quote freight for new delivery date(s) and any increase in freight cost above that corresponding to the original Delivery Date(s) will be added to the purchase price. 5. Cancellation: If Customer cancels project any time after acceptance of this Quotation, cancellation fees will be assessed, including all costs incurred to date at the time of cancellation. In order to meet the delivery times listed in Item 4, materials for this project are ordered at the time shop drawings are first submitted. If the Customer cancels the project after the shop drawings are submitted, Big R Bridge reserves the right, at its sole discretion, to apply charges covering materials ordered for the project. Big R Bridge reserves the right to change or cancel this quotation, prior to the execution of a contract and upon the discovery of errors and or incomplete/misleading information in project plans, specifications or other documents made available by the Customer, Owner or any Agent that would materially alter the scope of the materials and or services covered by this Quotation. In addition, Big R Bridge reserves the right to change or cancel this Quotation at its sole discretion, prior to the execution of a written contract, if issues are discovered relating to pricing, quantities or scope affecting the products and services contained herein. 6. Transfer of Title: Transfer of title to the Customer for goods delivered pursuant to this Quotation shall occur at the time of delivery in instances when Big R Bridge is responsible for transportation. For Customer arranged transportation, transfer of title will occur at the time of pick-up from Big R Bridge facilities or designated suppliers. Notwithstanding the foregoing, Big R Bridge shall have the right to repossess the goods, in whole or in part, upon customer's failure to make any payment when due. Pete Niemann I Market Manager - Mountain Region, Phone: 970-584-2382, Email: pniemann@bigrbridge.com 3 Page 245 of 265 9-1 Consent Agenda BIG R BRIDGE Big R Bridge PO Box 1290 Greeley, Colorado 80632-1290 T 1970 356 9600 F 1970 3569621 bigrbridge.com 7. Performance of Warranty Work: Big R Bridge reserves the right, at its sole discretion, to perform warranty work on its products as covered in the Product Specific Terms and Conditions of Sale. This right will extend to providing its own labor and materials (or subcontractor services) irrespective of any local organized labor or union rules. To the extent that a Customer is utilizing union or organized labor, this shall not affect Big R Bridge's ability to self - perform its Warranty obligations. 8. Assembly & Installation: Assembly shall be completed per Big R Bridge engineered drawings and installation instructions as provided. If any questions arise during installation or assembly of Big R Bridge products, it is the Customer's responsibility to contact Big R Bridge for assistance. Big R Bridge will not be liable for costs or damages incurred by Customer due to a lack of instruction, failure to follow installation/assembly procedures or for failure by the Customer to contact Big R when questions or issues arise. To the fullest extent permitted by law, the Customer shall indemnify, defend, and hold harmless Big R Bridge and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Customer's responsibilities under this paragraph. 9. Technical Assistance: Any technical assistance provided by Big R Bridge at the request of Customer is of a consulting nature and shall not at any time relieve Customer of its sole responsibility to assemble or construct the Structure, including the installation of the Materials provided, in accordance with the Project Specifications and all applicable local, state or federal statutes and regulations, including, without limitation, the responsibility to use backfill material and compaction procedures conforming to the Project Specifications. Such technical assistance also shall not shift the responsibility for Project design, or any part thereof, to Big R Bridge. The provision of technical assistance is for the benefit of the Customer only and shall not be for the benefit of any other party, including the Project Owner. 10. Delays: If the Customer contends that Big R Bridge is delaying the Project, or any portion thereof, Customer shall notify Big R Bridge in writing within 48 hours of the start of the delay, and allow seven (7) business days for correction of such delay. Such notice is a condition precedent to the Customer's right to claim against Big R Bridge for such delay. If notice is not provided in accordance with the terms of this paragraph, Customer waives its right to any claim for delay. 11. Excusable Delays and Consequential Damages: Big R Bridge shall not be liable any damages as a result of delays in design, delivery, construction, or completion of the Project due to causes beyond its reasonable control, including but not limited to, delays in the approval of drawings, or acts or failure to act by the Customer, the Architect/Engineer, the Owner and/or any other contractor. Excusable delays also shall include, without limitation, strikes, fires, floods, acts of God, acts of government, failure of supplier's truckers, or civil strife. In the event of such delays, the delivery schedule shall be adjusted. Such delays shall not relieve Customer of its obligation to accept and pay for the products and materials under this Quotation and in accordance with the Payment Terms. Big R Bridge will not be liable for incidental, consequential or liquidated damages. 12. Patents, Trademarks, and Proprietary Rights: Big R Bridge has actual or pending patents, trademarks, and proprietary rights in certain of the Materials, processes, and configurations supplied to Customer. The drawings and other information supplied to Customer remain the property of Big R Bridge and may not be disclosed or provided to any other person or used for any other purpose without Big R Bridge written consent. 13. Fuel Surcharges: Applicable fuel surcharges will be calculated and added to invoice amount at time of shipment. 14. Sales Tax: Prices do not include sales tax (if applicable). 15. Applicable Law and Venue: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado without giving effect to its conflicts of law provisions. Venue shall be proper in, and Customer and Big R Bridge irrevocably submit to the jurisdiction of the state and federal courts located in the State of Colorado. PRODUCT SPECIFIC TERMS AND CONDITIONS OF SALE PREFABRICATED STEEL BRIDGES 1. Progress Payment: At time of order, a progress payment of 30% will be required, with payment receipt prior to issuance of engineering submittals. 2. Warranty: Big R Bridge warrants its prefabricated steel bridges to be free of design, material, and workmanship defects for a period of ten (10) years from the earlier of the date of delivery or from 60 days after final fabrication. Naturally durable hardwood decking, and hardwood attachments shall carry a one (1) year warranty against rot, termite damage, or fungal decay from the earlier of the date of delivery or from 60 days after installation on the structure. Other types of wood are excluded under this warranty. This warranty shall not cover defects in the bridge caused by abuse, misuse, overloading, accident, improper maintenance, alteration, or any other cause not the result of defective materials or workmanship. This warranty shall be void unless Owner's records can be supplied which indicated compliance with the minimum guidelines specified guidelines specified in the inspection and maintenance procedures (available upon request). Paint, galvanizing and other special coatings shall be warranted by the coating manufacturer and is not covered by Big R Bridge. Repair or replacement shall be the exclusive remedy for defects under this warranty. Big R Bridge shall not be liable for any consequential or incidental damages for breach of any express or implied warranty on their structures. Pete Niemann I Market Manager - Mountain Region, Phone: 970-584-2382, Email: pniemann@bigrbridge.com 4 Page 246 of 265 9-1 Consent Agenda 5/4/2010 2:54 PM K:\Draft—dept\Standard dwgs\lnstallation Guides\PEDESTRIAN—INSTALL.dwg UNLOADING BRIDGE SECTIONS WILL ARRIVE ON OVER THE ROAD TRUCKING AND BE DELIVERED AS CLOSE TO THE BRIDGE LOCATION AS POSSIBLE. THE CONTRACTOR WILL BE RESPONSIBLE FOR UNLOADING THE BRIDGE AT THE SITE. OCCASIONALLY, IT MAY BE NECESSARY TO UNLOAD OTHER BIG R MATERIAL TO REACH THE BRIDGE. THE CONTRACTOR WILL NEED TO RELOAD SAID MATERIAL IN THIS EVENT. LOOSE ITEMS SUCH AS SETTING PLATES AND BOLTS WILL ARRIVE WITH THE BRIDGE. THE CONTRACTOR SHOULD MAKE SURE ALL LOOSE ITEMS ARE UNLOADED WITH THE BRIDGE. REFER TO THE BILL OF LADING. SPLICING NOTES (WHEN REQUIRED) TWO TYPES OF BOLTED SPLICE CONNECTIONS ARE TYPICALLY USED UNLESS OTHERWISE NOTED ON THE SHOP DRAWINGS. VERTICAL TRUSS DIAGONALS AND HORIZONTAL BRACE DIAGONALS WILL BE JOINED WITH SPLICE PLATES ON THE OUTSIDE OF THE TRUSS MEMBERS WITH PASS THROUGH BOLTS. EACH HOLE LOCATION WILL RECEIVE ONE LOOSE BOLT AND ONE LOOSE NUT. THE CHORD SPLICE WILL HAVE LOOSE SPLICE PLATES WITH ALL NUTS TACK WELDED INTO PLACE LOCATED ON THE INSIDE OF THE CHORD MEMBER. EACH HOLE LOCATION WILL RECEIVE ONE LOOSE BOLT. FOR THE BOLTED SPLICE DETAILS REFER TO THE SHOP DRAWINGS. • VERTICAL TRUSS DIAGONAL AND HORIZONTAL BRACE DIAGONAL PLATES WILL ARRIVE LOOSE OR WIRED AND BOLTED TO THE BRIDGE. LIKE PLATES ARE INTERCHANGEABLE. FOR PLATE LOCATIONS AND BOLT SIZE REFER TO THE SHOP DRAWINGS. ALL CHORD SPLICE PLATES WILL BE ATTACHED BY WIRE AND SHIPPING BOLTS TO THE SPECIFIC FACE OF THE MEMBER TO WHICH THEY FIT. DO NOT MIX THE PLATES UP. THE BRIDGE WAS FABRICATED WITH THE PLATES /N THESE SPECIFIC LOCATIONS AND A QUALITY FIT UP WILL BE DEPENDENT UPON THEM BEING IN THE SAME LOCATIONS AT INSTALLATION. DO NOT TRY TO USE A PLATE ON ANY OTHER FACE OF THE SAME OR ANY OTHER CHORD. IT MAY NOT FIT PROPERLY IN ANY OTHER LOCATION. SHIPPING BOLTS ARE TO BE REMOVED AND DISCARDED. PLATES ARE THEN TO BE SLID OUT TO THE PROPER LOCATION ON THE SPLICE AND BOLTS INSTALLED LOOSE. THERE ARE THREE COMMON PROCEDURES FOR SPLICING BRIDGE SECTIONS TOGETHER: ➢ MOST SPLICED BRIDGES ARRIVE IN TWO SECTIONS. PLACE ONE SECTION ON A RELATIVELY FLAT SURFACE WITH THE SPLICED END CRIBBED UP IN THE AIR ABOUT 2'. THIS WILL ALLOW FOR EASIER FIT UP AND ALLOWS ROOM TO WORK UNDER THE BRIDGE. THE OTHER SECTION IS LIFTED WITH A CRANE. WHEN THE CHORD SPLICES ARE LINED UP, THE SECTION WILL BE SLID INTO PLACE. IT MAY BE NECESSARY TO USE COME -A -LONGS TO PULL THE SECTIONS TOGETHER. WHEN BOLT UP IS COMPLETE, THE ENTIRE BRIDGE MAY BE LIFTED AS ONE PIECE WITH THE CRANE AND SET ON THE FOUNDATIONS. ➢ MID -AIR SPLICING CAN BE USED WHEN THERE ARE SEPARATE CRANES TO LIFT EACH SECTION. ➢ ONE SECTION MAY BE PLACED ON THE APPROPRIATE FOUNDATION WHILE THE SPLICE RESTS ON TEMPORARY SHORING. VERTICAL TRUSS DIAGONAL DIAGONAL SPLICE PLATES (PLATES OUTSIDE OF DIAGONAL) DIAGONAL SPLICE BOLTS w/ NUTS (SEE SPLICE PAGE FOR SIZE & TYPE) NOTE: BOTH VERTICAL TRUSS DIAGONAL & HORIZONTAL BRACE DIAGONAL SPLICES UTILIZE THE EXTERIOR SPLICE PLATES WITH THRU-BOLTS. BOTTOM CHORD 77I CHORD SPLICE BOLTS (SEE SPLICE PAGE FOR SIZE & TYPE) CHORD SPLICE PLATE w / WELDED NUTS (PLATES INSIDE CHORD) TYPICAL TRUSS SPLICE NOTE: THESE PROCEDURES ARE RECOMMENDATIONS ONLY. THE JOB SITE WILL DETERMINE WHICH IS PREFERABLE. THESE PROCEDURES CAN BE USED FOR SIMPLE SPANS AS WELL AS MULTIPLE SPAN STRUCTURES. LIFTING WEIGHTS ARE LOCATED ON THE SHOP DRAWINGS. DECKING CONSIDERATIONS: 1) IF THE BRIDGE HAS WOOD DECKING, IT IS ALLOWABLE BUT NOT REQUIRED FOR THE CONTRACTOR TO REMOVE 2-3 DECK PLANKS FROM EACH SIDE OF THE SPLICE TO MAKE ROOM FOR BOLTING THE BRACE DIAGONAL AND STRINGERS BELOW THE DECK. STRINGER SPLICE BOLTS w/ NUTS (SEE SPLICE PAGE FOR SIZE & TYPE) STRINGER SPLICE PLATE STRINGER SPLICE PLATE 2) IF THE BRIDGE HAS A CONCRETE DECK, MOST OF THE (WELDED TO FLOOR BEAM) GALVANIZED FORM DECKING WILL BE SHIPPED FACTORY FLOOR BEAM INSTALLED EXCEPT FOR THE PIECES REQUIRED TO COVER THE SPLICE. THE CONTRACTOR WILL BE REQUIRED TO INSTALL TYPICAL STRINGER SPLICE THE SPLICE PIECES. THESE PIECES WILL BE CONNECTED TO THE FLOOR BEAMS UTILIZING SELF -TAPPING SCREWS. IT IS RECOMMENDED THAT THE CONTRACTOR PRE -DRILL ALL HOLES PRIOR TO INSTALLING THE SCREWS. THE SCREWS WILL BE PROVIDED AS LOOSE ITEMS WITH THE BRIDGE. LIFTING INSTRUCTIONS USE A MINIMUM OF (4) LIFTING POINTS WHEN LIFTING ANY BRIDGE. IT IS RECOMMENDED THAT LIFTING POINTS BE 1/4 TO 1/3 OF THE BRIDGE SPAN IN FROM THE ENDS OF THE BRIDGE. LIFTING MAY ALSO BE DONE AT THE ENDS OF THE BRIDGE AT THE END FLOOR BEAM AND VERTICAL AS DESCRIBED IN THE FOLLOWING: 1/4 TO 1/3 POINT ➢ UNDERHUNG AND H-SECTION BRIDGES ARE TO BE LIFTED FROM THE BOTTOM CHORD OR FLOOR BEAMS ONLY. FOR UNDERHUNG BRIDGES WITH GAP BETWEEN DECK AND CHORD FACE, WRAP CHAIN, CABLE OR SLING OVER TOP OF FLOOR BEAM, UNDER BOTTOM CHORD, UP AND INSIDE OF TRUSS OVER THE DECK. FOR H-SECTION BRIDGES, WRAP CHAIN, CABLE OR SLING INSIDE THE VERTICAL BELOW THE FLOOR BEAM, AROUND THE VERTICAL CROSSING OVER ON THE OUTSIDE OF THE VERTICAL, UP AND INSIDE THE TRUSS OVER THE DECK. DIAGONAL BOTTOM CHORD MiERTICAL (UNDERHUNG) FLOOR BEAM VERTICAL BOTTOM CHORD (H-SECTION) FLOOR BEAM ➢ ALTERNATIVELY, BRIDGES MAY BE LIFTED FROM THE TOP CHORD IF A SPREADER BAR IS USED TO KEEP ANY TANGENTIAL FORCES FROM BEING APPLIED TO THE BRIDGE. THE TOP CHORDS SHOULD NEVER BE PULLED TOWARDS EACH OTHER DURING THE LIFTING PROCESS. ➢ WHEN AN UNDERHUNG BRIDGE HAS A CONCRETE DECK THAT EXTENDS ALL THE WAY TO THE CHORD FACE, LIFTING MAY BE DONE BY WRAPPING CABLE, CHOKER OR SLING AROUND A DIAGONAL AND VERTICAL MEMBER WHERE THEY MEET ON THE TOP OF THE BOTTOM CHORD AT DECK LEVEL. ➢ BOX TRUSS BRIDGES MAY BE LIFTED BY WRAPPING CHAIN, CHOKER OR SLING AROUND THE TOP CHORD AT THE JOINT OF A VERTICAL, DIAGONALS AND TOP STRUT. DIAGONAL VERTICAL BOTTOM CHORD (UNDERHUNG-CONCRETE DECK AGAINST CHORD FACE) FLOOR BEAM TOP BRACE DIAGONAL TOP CHORD VERTICAL (BOX TRUSS) PORTAL STRUT ➢ WHEN LIFTING PAINTED BRIDGES IT IS RECOMMENDED THAT STRAPS BE USED WITH PADDING PLACED BETWEEN THE STRAP AND THE CHORD OR VERTICAL/DIAGONAL ELEMENTS TO KEEP THE STRAP FROM POTENTIALLY DAMAGING THE PAINTED FINISH. • ALL BOLTS ARE HIGH STRENGTH STRUCTURAL BOLTS. THE COMMON BOLT SIZES ARE''/<" AND 1" DIAMETER. THE PROPER SOCKET SIZES ARE 1 Y.)" AND 1 5/8" RESPECTIVELY. WASHERS ARE TYPICALLY NOT REQUIRED AND NOT INCLUDED. ALL BOLTS SHOULD BE INSTALLED LOOSE AND THEN TIGHTENED FROM THE CENTER OF THE SPLICE FIRST AND THEN WORK OUTWARD. • TIGHTENING OF THE BOLTS SHALL BE IN ACCORDANCE WITH THE "SPECIFICATION FOR STRUCTURAL JOINTS USING ASTM A325 OR A490 BOLTS" BY RCSC. WE RECOMMEND USING THE TURN -OF -NUT PROCEDURE DESCRIBED BELOW: BRING ALL BOLTS TO A'SNUG TIGHT' CONDITION TO INSURE THAT THE PARTS OF THE JOINT ARE BROUGHT INTO GOOD CONTACT WITH EACH OTHER. SNUG TIGHT IS DEFINED AS THE TIGHTNESS ATTAINED BY A FEW IMPACTS OF AN IMPACT WRENCH OR THE FULL EFFORT OF A MAN USING AN ORDINARY SPUD WRENCH. FOLLOWING THIS INITIAL OPERATION, ALL BOLTS SHALL THEN BE TIGHTENED ADDITIONALLY BY THE APPLICABLE AMOUNT OF NUT ROTATION AS SPECIFIED IN THE TABLE BELOW, WITH THE TIGHTENING PROGRESSING SYSTEMATICALLY FROM THE MOST RIGID PART OF THE JOINT TO ITS FREE EDGES. DURING THIS OPERATION, THERE SHALL BE NO ROTATION OF THE PART NOT TURNED BY THE WRENCH. NUT ROTATION FROM SNUG TIGHT CONDITION BOLT LENGTH (AS MEASURED FROM UNDERSIDE OF HEAD TO EXTREME END OF POINT) DISPOSITION OF OUTER FACES OF BOLTED PARTS BOTH FACES NORMAL TO BOLT AXIS NOT MORE THAN 4 DIAMETERS 1/3 TURN MORE THAN 4 DIAMETERS BUT NOT MORE THAN 8 DIAMETERS 1/2 TURN MORE THAN 8 DIAMETERS BUT NOT MORE THAN 12 DIAMETERS 2/3 TURN NUT ROTATION IS RELATIVE TO BOLT, REGARDLESS OF THE ELEMENT (NUT OR BOLT) BEING TURNED. FOR BOLTS INSTALLED BY % TURN AND LESS, THE TOLERANCE SHOULD BE PLUS OR MINUS 30°; FOR BOLTS INSTALLED BY 2/3 TURN AND MORE, THE TOLERANCE SHOULD BE PLUS OR MINUS 45°. • IF ANY NUTS CANNOT BE TIGHTENED, GRIT MAY HAVE BECOME LODGED IN THE THREADS. REMOVE THE GRIT AND RETIGHTEN OR RETAPPING OF THE NUT MAY BE NECESSARY. BEARING PREPARATION • ALL LOOSE SETTING PLATES ARE TO BE SET ON THE FOUNDATIONS ON APPROXIMATELY'/<" OF SHIMS BEFORE SETTING THE BRIDGE. LIGHTLY APPLY GREASE TO TOPS OF ALL BASE PLATES EXCEPT TEFLON/STAINLESS STEEL BEARINGS. • ALL TEFLON/STAINLESS BEARING ASSEMBLIES WILL BE FACTORY SUPPLIED AND TACK WELDED TO BEARING PLATES. MAKE CERTAIN THAT THE SETTING PLATE (LOWER BEARING THAT SITS ON THE FOUNDATION) HAS THE TEFLON FACING UP AND THE TOP BEARING (PHYSICALLY WELDED TO THE BRIDGE) HAS THE STAINLESS FACING DOWN. REMOVE ANY PROTECTIVE COATINGS FROM THE TEFLON AND STAINLESS SURFACES. • AFTER THE BRIDGE IS SET, SHIMS CAN BE ADJUSTED TO MAKE THE DECK FLUSH WITH THE BACKWALL AND TO OBTAIN FULL CONTACT BETWEEN THE SETTING PLATE AND THE BEARING PLATE. • AFTER ALL ADJUSTMENTS ARE MADE, PLACE HIGH STRENGTH NON -SHRINK GROUT UNDER SETTING PLATE TO CREATE FULL CONTACT BETWEEN THE SETTING PLATE AND THE FOUNDATION SEAT. • REFER TO THE SHOP DRAWINGS FOR ANY SPECIAL INSTRUCTIONS RELATED TO BEARINGS. ANCHOR BOLTS SETTING PLATE HIGH STRENGTH NON -SHRINK GROUT SETTING INSTRUCTIONS • AFTER PLACING THE BRIDGE, ADJUST STRUCTURE ON THE FOUNDATIONS SO THAT SPACING IS EQUAL AT BOTH ENDS OR AS DIRECTED IN NOTES ON THE SHOP DRAWINGS. NOTE: IF THE BRIDGE HAS AN ELEVATION DIFFERENCE, BE SURE TO SET THE HIGH END OF THE BRIDGE ON THE HIGHER FOUNDATION PER THE SHOP DRAWINGS. REFER TO THE SHOP DRAWINGS FOR CORRECT ALIGNMENT. BRIDGES WITH AN ELEVATION DIFFERENCE WILL HAVE A WELDED MARK - (H) FOR HIGH, (L) FOR LOW - LOCATED ON THE OUTSIDE FACE OF THE CORRESPONDING END FLOOR BEAM. • EACH ANCHOR BOLT WILL RECEIVE (1) WASHER AND (2) NUTS. ONE END OF THE BRIDGE IS DESIGNED TO BE FIXED AND THE NUTS ARE TO BE INSTALLED TIGHT. THE EXPANSION END WILL HAVE THE FIRST NUT TIGHTENED FINGER TIGHT TO THE WASHER PLACED ON THE BEARING PLATE. THE SECOND NUT WILL BE INSTALLED TIGHT TO THE FIRST. REFER TO THE SHOP DRAWINGS TO DETERMINE WHICH END OF THE BRIDGE IS TO BE THE FIXED OR EXPANSION END. • WHEN INSTALLING PAINTED BRIDGES CARE MUST BE TAKEN TO MINIMIZE DAMAGE TO THE FINISH DURING INSTALLATION. PADDING SHOULD BE USED TO PROTECT THE PAINT FROM CHAIN, CHOKER OR SLING. IT WILL BE THE RESPONSIBILITY OF THE ONSITE CONTRACTOR TO PERFORM ALL TOUCH UP PAINTING AS NECESSARY. A NOMINAL AMOUNT OF TOUCH UP PAINT WILL BE SUPPLIED. THIS IS OFTEN AN EPDXY SYSTEM AND ATTENTION WILL NEED TO BE GIVEN TO MIXING THE PAINT. TOUCH UP MUST BE APPLIED TO BLEND WITH FACTORY APPLICATION AS MUCH AS POSSIBLE. 0 RELEASED PROPR/ETARYAND CONFIDENTIAL INFORMATION IN THIS DRAWING IS THE SOLE PROPERTY OF BIG-R BRIDGE. ANY REPRODUCTION BRIDGE OR AS A WHOLE WITHOUT WRITTEN PERMISSION IS PROHIBITED. 5/04/2010 IN PART BIG R P.O. BOX 1290•GI PHONE: (970) 3564 TOLL FREE: (800) EY, COLORADO 80632-1290 . FAX (970) 356-9621 ,34 • www.bigrbRdge.A7ruf 2 95 PEDESTRIAN BRIDGE INSTALLATION GUIDE BIG-R BRIDGE GREELEY, CO SHEET N0. 1 1 C� O 3 EXCEL BRIDGE MANUFACTURING CO. www.excelbridge.com 12001 Shoemaker Ave Santa Fe Springs CA 90670 (800) 548-0054 Fax (562) 944 .025 LIST OF TOOLS suggested for bridge installation, in addition to the usual rigging. NOTE! your most important tool is your phone: • At time of order and during fabrication, the customer should keep Excel abreast of the latest expected installation date. You must call Excel at least two weeks before the delivery date to confirm. Coordination of the delivery is as much the contractors responsibility as it is Excel's. There are variables on both sides like weather, construction problems, right-of-way permits, material shortages, special truck trailer type coordination, over sized shipment permits, shipping curfews, etc. The telephone is your most important installation tool. Call Excel with your questions early and often. • Excel Shop Drawings that were approved for fabrication. READ the installation instructions and notes on the drawings. If your project has a concrete deck, the re -bar design will be indicated in the notes or on the drawings. • Wrenches for anchor bolt nuts • Timbers • lever bar • Grease • If your project has a splice(s), you may need: • AISC manual which includes turn -of -the -nut method instructions • Hand winches to pull splices together for spliced bridges • Large tapered pins, wedges and lever bars • Paint, crayon or scribe to mark bolt heads for spliced bridges • Hammer and long chisel to remove nubs sometimes found on bolt holes inside tubes on spliced bridges • If your project is painted: Straps instead of chains, and brushes etc. for touch up work • If your project has a wood deck, a few deck planks must sometime be shipped loose at the splice area. To install them you may need: A drill with correct size bits, possibly a counter sink, and possibly a star driver for your drill. Wrenches will be needed for the nuts & bolts on these loose planks. If self tapping bolts are used, pay very close attention to drilling the correct sized holes in the correct order. Warning, if your project has an Ironwood® deck, this hard wood will shear bolts off if over tightened or if the drilled hole is too small. • If your project comes with a concrete form pan, check the shop drawings for the method of attaching the loose sheets at the splice point, if any. Page 248 of 265 9-1 Consent Agenda lti rah, for bridges up to 301L long. 16 oviht 'abridges 30 t to 60 t . iilt roiroxbricros ther 00 it icing. Rule of thumb - attach sly or eheln 113 of span WO from and. YEE v� — •F.iAH Kaali ERE T1 PROCEDURE ' Par chain of gable dtiauph truss web end arould flaw beams at no rem than SU from wit and. (See acelzh matting yoUr fridge typaY ' RiAPPri chAl or oble irrnactiottity trs and to one tea& polfri ahem ceErtar Elf bridge. C.4U TON: Chain or cabla stated d net minted /Wing roan or bp dad, * Swing brido Ira, place arid ebp appokfrality r &we bridge aeet Tip' one rroarrt plate over each corner of lAidge. Set bsldge melding sure rnool plate slide over 8rcrpr b. ' Instal and tlgher. mem on. annth ad Lott per heructona orn yam approved dravi r . ' For bridge Amkghl, see epprod duivirig. ' Depuidlrg on =Du size, longer brides may requle ' €rid a Platernellit b to be palmed try queue Mane operators and rollers enly. la not responable for damage boa Irdury dry Meta erector. Page 249 of 265 CORRECT LIFT FUNTS FOR IT SECTION MIS V' SECTION BPJDGE Page 250 of 265 Page 251 of 265 g N i f.325 THIKI-BOLTS AT Ani.r.ALS TU-NEN 90_7S SNUG-11CNf ONY 4-4 4 i I I I I I 6 e ¢¢ 6 e PL 0, MICk TOP CHORD z PL 'MN k325 @OLDS 1EliflC',41 � 5 f DK-C461 ..i-L- 3— I � II FiO4R M5 BRIDDE I SE SPLICE COAL A3 [UP C IbM BOTTC111 aceo TYPICAL SPLICE DETAIL lee the AIC manual following theturn-ate-hiltrn 114C1_ See your Excel "approved" shop drawings for instruction. Page 253 of 265 Use the Al SO manid aI end follu.v the instructions on ynu r End "approved" shop drawings, .• • • 70P & BOTTON FLU_ PL wIT! 14325 El/ 5 TYPICAL FLOOR BEAM - SPLICE —I VIED =_ S1E ; $1TII 6-325 BOLTS COMMON ONLY WITH BRIDGE DECKS OVER 14' WIDE ) Page 254 of 265 EXCEL rfq7KNWI7717174 BRIDGE MANUFACTURING CO. www.excelbridge.com Nationwide Service (800) 548-0054 Fax (562) 944-4025 BRIDGE QUOTE Date: March 1, 2018 Excel Quote CMV # 3.1.18a Total Pages: 5 ATTN: Tif Miller - Director of Parks, Recreation, and Trails City of Moab, UT (435) 260-0094 TMiller@moabcity.org RE: Moab City Trail - Pedestrian Bridge Excel has been in business since 1952 & is family owned. We have 3 different fabrication plants in the U.S. to service all areas & are growing daily. 100% Engineered & Built in the USA! Thanks for the opportunity to quote you! Excel Bridge Manufacturing offers you the following quote pricing & commitment to serve: 1 Quantity 1: 50' long x 8' wide (between chords) H-section Pratt truss tubular steel bridge. Delivered in 1 section complete & ready to set in place. No assembly required. Estimated lifting weight for the entire bridge is approximately 15,000 lbs. F.O.B. Moab, UT... $ 32,900.00 (Excludes Any Applicable Taxes At Time Of Delivery) Please note: *Excel Bridge is not responsible for any special inspections or weld testing unless specifically called out in this letter. *Excel Bridge reserves the right to utilize material sizes that may differ from those reflected in the plan documents, w/calculations verifying such material changes meet design load requirements per specs. Time Lines: (Note: unexpected delays due to lack of information provided, design clarifications in an untimely manner, or waiting for responses on RFI's by others — not included below.) 1) A minimum of 2-3 weeks for preparation of design drawings. 2) Plus a number of weeks for you to approve drawings for fabrication. 3) Currently our typical timelines run approximately 10-12 weeks for fabrication & delivery. However, these timelines vary based on our back -log & how much time has passed after bid date. Actual fabrication time will be known after we receive info on material procurement & final approval to fabricate. Design & Fabrication provided by Excel Bridge: NOTE: Project Specification for Reference: SECTION 05 12 50 PREFABRICATED STEEL TRUSS BRIDGE It is our intention to provide bridge per specified loading requirements, and/or general details. However, for clarification, & because it's possible we don't have all applicable information, we want to point out the following assumptions. Changes to these assumptions may affect price: Page 255 of 265 9-1 Consent Agenda EXCEL rIQKICNW17717171 BRIDGE MANUFACTURING CO. BRIDGE QUOTE 2 • Basic bridge details: o Finish: Atmospheric corrosion resistant (Weathered) steel with finish blast SP7 o Deck: nominal 3" treated Coastal Doug Fir (See Specification) o Railing: Horizontal angle safety rails with <4" openings up to a minimum 3'-0" o Top of Deck to Top of Chord: 42" minimum o Camber: 125% DL o Deflection: Vertical L/400, Horizontal L/500 • Loads & codes include: o Pedestrian load: 60 PSF live load o AISC / LRFD o AWS D1.1 welding FCAW or SMAW, Wind 25/20 PSF (See Specification), No stream load, Local charts used for snow and seismic loads. • Materials: o High strength, low alloy, atmospheric corrosion resistant ASTM A847 square and rectangular steel tubing, and/or ASTM A588, A242, A606 plate and shapes with maximum tensile strength of 50 ksi with corrosion index of 5.8. Splice bolts A325. Note: No fracture critical requirements appear to be specified, so these procedures will not be provided. • Height from bearing seat to top of abutment can vary per design. • Paint system: Not applicable — fabricated from weathering steel and not to be painted. • Excel provides the slide bearing system. Base plate supplied welded to bridge, with a steel setting/bearing plate shipped loose. Anchor Bolts by others. • Excel Bridge purchases U.S.A. steel. Responsibility of others: o Any applicable sales taxes. o All surveying, abutment design and construction —WARNING: do not construct abutment before confirming final step dimensions. o Anchor bolts for the bearings. o Unloading, erection and installation. o Fuel or material surcharges, local fees or inspections not listed in this quote. Certifications: ✓ Welding will be per A.W.S. welding code D1.1, Chapter 10 Tubular Structures, E70 and E80 welding electrodes. ✓ Excel is certified (#1582) by the city of Los Angeles as a "High Strength Fabricator". ✓ Excel is an AISC certified shop for Major Bridge -Intermediate Steel Bridges w/a Fracture Critical & Sophisticated Paint Endorsement. Note: No fracture critical requirements appear to be specified for this bridge, so these procedures will not be provided. Page 256 of 265 9-1 Consent Agenda EXCEL Igq1KICNW17717171 BRIDGE MANUFACTURING CO. BRIDGE QUOTE 3 Delivery: Excel will bring the bridge as close as possible to the job site with over -the -road trucks. The driver will leave the public road surface at his discretion but is not obligated to do so. If the driver agrees to access a difficult site, or if trucks are held up at the site more than (2) hours, the customer will be subject to additional charges. If there are multiple spans, the delivery may happen in stages, vs. all arriving the same day. Excel reserves the right to cancel or reschedule any delivery to the owner or contractor without additional charge or charge back to Excel if the cause is from unforeseen circumstances out of our control. Examples: severe weather, trucking hold ups, terrorism, national security actions. Terms & Conditions: Excel Bridge requires a simple purchase order (P.O.) or signed letter of purchase before any action is taken. We require 10% deposit to cover engineering costs, 40% deposit due for purchase of materials upon approval for manufacturing, & final due within 30 days from the date the bridge is delivered (based on approved credit), OR C.O.D. on the date your bridge is delivered, unless prior arrangements have been approved. Excel Bridge reserves the right to not accept lengthy contract agreements that are formatted for a sub -contractor. We are not a sub -contractor, but rather a "supplier" only & thus accept P.O.'s or signed quote letters. We reserve the right to not accept award if no agreement of terms is met. Excel Bridge will not accept responsibility for potential liquidated damages without written agreement prior to acceptance of order. If the bridge(s) cannot be delivered within 30 days after completion/or the mutually agreed -upon delivery date, 50% final payment for stored finished materials will be required. If the bridge cannot be delivered within 45 days after completion, an additional $500 per month may be required. No retentions allowed. Our bridge quote is valid for 30 days from issuance. Good luck with your project, let us know if we can be of further assistance at this time! Sincerely, Chad M Vasquez Excel Bridge Manufacturing Co. ExcelBridge.com Toll Free (800) 548-0054 Page 257 of 265 9-1 Consent Agenda EXCEL rIWKNW171717171a BRIDGE MANUFACTURING CO. BRIDGE QUOTE 4 CONTRACT: This letter is considered contractual. By signing, dating, and returning this letter, you are hereby agreeing to purchase the support structure(s) as outlined on page (1) one of this letter as well as to the terms also listed in this letter. Excel Bridge will start design upon receipt of this letter but will the initial 10% progress payment. Fabrication will begin after final approval of shop drawings and upon receipt of the 40% progress payment due at that time. Payment Breakdown: 10% Deposit to begin engineering: $ 3,290.00 40% Additional progress payment for material procurement to begin fabrication (after customer approves shop drawings): $ 15,600.00 50% Final Due Upon Completion: $ 16,450.00 Print Name Authorized Signature Date Page 258 of 265 9-1 Consent Agenda Moab City Council Agenda Item Meeting Date: March 13, 2017 #: , 2 Title: Moab Arts & Recreation Center Side Yard Renovation Date Submitted: March 5, 2018 Staff Presenter: Meg Stewart, Arts & Special Events Manager Attachment(s): High Pine Quote Straightline Quote Trinity Quote Lawson No Bid Recommended Motion: I make a motion to approve Straightline Contracting to complete the concrete project for the Moab Arts and Recreation Center Side Yard Renovation Background/Summary: The Moab Arts & Recreation Center (MARC) is undergoing renovations to improve both indoor and outdoor spaces to better serve local community as well as out-of-town renters. Improving the Side Yard (east side) at the MARC will allow for more versatile use of the property. Last year we replaced the fence, this was our first step to improving the outdoor space. We seek to level the yard and pour concrete to create a patio space ideal for weddings, anniversaries and any other outdoor events. MARC staff, with help from Public Works Director Pat Dean, have reached out to local and regional contractors to collect project quote proposals. Per Moab City purchasing policies, three quotes have been attained to consider. From these quotes, Straightline Contracting came in as the best cost and we propose that Straightline be awarded the project. Page 259 of 265 Straightline Contracting 435-259-5257 3070 Roberts Rd. Moab, Utah 84532 Proposal Page No. of Pages (PROPOSAL SUBMITTED TO rd d'./ a -P M oa,h PHONE _ DATE /—. 34 /g STREET /2 S Z Gen icr S7 . JOB NAME �I� /`7 awe_ CITY. STATE AND 21P CODE7r0 G 6 oz �� JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE 1 We hereby propose to furnish materials end lobar necessary for the completion of. �n // 91 " CeMere 7le 6-/g4s 74o G. a s .67rooiyr 71.1.;7 f . eso Co%red C2.i6) 45-71'ss.110,- "/ sea/ - a -7 470 ° ze ova ° CV /74R el f CJ. Q_ G . A ad t 574;z7. z g ge r WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars IS 1 All material is guaranteed to be as specified. All work to be completed in a sub- stantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary in- surance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature Note: This proposal may be withdrawn by us if not accepted witht days ACCEPTANCE OF PROPOSAL. The above prices, specifications and condi- tions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outline above. Signature Date of Acceptance. Signature 9-2 Consent Agenda Page 260 of 265 High Pine Construction 6097 West 10400 North HighlandUT 84003 US highpineconstruction@gmail.com ADDRESS City of Moab ESTIMATE # DATE 1008 02/26/2018 P.O. NUMBER SALES REP MARC side yard updates Estimate ACTIVITY QTY RATE AMOUNT Services 3,964 1.50 5,946.00 Excavation and haul off Services 3,964 0.80 3,171.20 Road base and compaction concrete prep Services 1,000 4.35 4,350.00 Aria #1 concrete Services 2,964 7.00 20,748.00 Aria #2 stamped Services 31,465 0.12 3,775.80 project overall 12% TOTAL Accepted By Accepted Date $37,991.00 Page 261 of 265 9-2 Consent Agenda " cte- /8 L__1(--\u0So��u T(�� /i" r ��" sIM .1�� ..el'*. _ hAii ��L ltraritW. * . 11.2.1 W F ie ), 40 M A- Coto &r: 1S (,/uL.) co rryokr-- 741 5/ q TteiLs H 0104T-6p{/4/z__ totAiso Y;5 " " 4 M " mfrolig F Trinity General Construction 824 Huntridge Dr Moab, UT 84532 US (435) 260-8469 trinitygconst@gmail.com ADDRESS The Marc ACTIVITY QTY service Approximately 2510 sqft of stamped concrete with some color and sealer with rebar reinforcement ( 4' on center) price pending on color service Approximately 806 Sqft of colored concrete 4" thick with Rebar reinforcement ( 4' on center) Price pending on color selection service Dirt work consist of grading existing dirt and adding up to 2" of gravel 1 1 1 Estimate 1005 DATE 02/01 /2018 TOTAL $38,832.00 EXPIRATION DATE 03/01 /2018 RATE AMOUNT 32,630.00 32,630.00 TOTAL 4,202.00 4,202.00 2,000.00 2,000.00 $38,832.00 Accepted By Accepted Date THANK YOU. 9-2 Consent Agenda INVOICES OVER 10 DAYS PAST DUE WILL BE SUBJECT TO A FINANCE CHARGE OF 1.5% PER PMONTF155 Moab City Council Agenda Item Meeting Date: March 13, 2018 #: 9-3 Title: Donation of Surpluses Grease Separator to Moon Flower Market Date Submitted: March 5, 2018 Staff Presenter: Pat Dean Attachment(s): -Letter from Moonflower Market a non-profit corporation, requesting the donation of the Grease Trap to be installed at the Market Location. Recommended Motion: Move to approve the Donation of a surplus concrete grease trap vault to Moonflower Market, a non-profit Corporation. Background/Summary: Currently there is a concrete grease trap vault that is located in the Public Works yard which has recently been declared and moved to surplus for disposition. Where the city sewer collection department does not install grease traps. The Public Works Department feels that this device can be used to help bring the Moonflower Market facility into compliance with the City SSMP. Moonflower does not currently have a grease trap interceptor and where they have a food establishment inside of the store where they prepare meals, we feel that this particular sizes concrete grease trap would fit the needs of the Moonflower Market and help them come into compliance with current codes. Page 264 of 265 9-3 Consent Agenda 3/8/2018 Moonflower Community Cooperative 39E100N Moab, Utah, 84532 Dear City of Moab, My name is Derek Whitworth, and I am writing as the General Manager and representative of the Moonflower Community Cooperative. Moonflower would like to acquire, through donation, the grease trap currently owned by the City of Moab for use on site at our community -owned natural foods store. We strongly believe in the city's initiative to bring relief to our overwhelmed sewer systems. Despite our dogged efforts to meet code and foster a hygienic atmosphere at Moonflower, we have met many roadblocks. Installation of the donated grease trap will allow Moonflower to demonstrate compliance with Moab City's Sanitary Sewer Management Plan while meeting the store's needs. Moonflower strives to create supportive relationships amongst all stakeholders in Moab. We offer classes to kids through the Beacon afterschool program, adult lifetime learning classes, and nutritious food for all through our on -site commercial kitchen. This is a place of fellowship and cooperation. A donation from the city to Moonflower in the form of the above -mentioned grease trap will ensure long- lasting compliance, benefitting our community for years to come. Thank you in advance for your consideration and support. Sincerely, Derek Whitworth Page 265 of 265 9-3 Consent Agenda