GRAND COUNTY COUNCIL REGULAR MEETING
Grand County Council Chambers 125 East Center Street, Moab, Utah
AGENDA Tuesday, July 16, 2013
4:00 p.m. Call to Order Pledge of Allegiance Approval of Minutes (Diana Carroll, Clerk/Auditor) A. June 18, 2013 (County Council Meeting), Postponed from July 2, 2013 B. July 2, 2013 (County Council Meeting) Ratification of Payment of Bills Elected Official Reports Council Administrator Report Department Head Reports C. 2012 Sand Flats Recreation Area Report (Andrea Brand, SFRA Program Manager) Agency Reports D. Housing Authority of Southeastern Utah Quarterly Report (Robert Muir, Executive Director, Housing Authority of Southeastern Utah) Citizens to Be Heard Presentations (none) Discussion Items E. Calendar Items and Public Notices (KaLeigh Welch, Council Office Coordinator)
General Business- Action Items- Discussion and Consideration of: F. Adopting the Public Housing Agency (PHA) 5-Year and Annual Plan for the Housing Authority of Southeastern Utah (Robert Muir, Executive Director, Housing Authority of Southeastern Utah) G. Approving Citizen Request to Re-Open the Local Board of Equalization Process for Primary Residential Exemption for 2012 Tax Year H. Approving Declaration of Proposed County Surplus Property (Non-Vehicular) (Marvin Day, Facilities Supervisor) I. Approving Proposed Resolution for Puesta del Sol Planned Unit Development (PUD) Phase VII Final Plat, Located off Westwater Drive (Mary Hofhine, Community Development Coordinator) J. Approving Discretionary Funds in Support of Employee Training in Human Behavior: Dealing with Difficult People (Ruth Dillon, Council Administrator) K. Ratifying Chair’s Signature on 2013 Contract and Approving One-Year Renewal of Contractor’s Agreement for July 4, 2014 Fireworks Display (Ruth Dillon, Council Administrator) L. Approving Proposed Amended Five-Year Lease Renewal Agreement (Contract No. 94- 1396 Amendment No. 4) with the State Administrative Office of the Courts (AOC) for Seventh District and Juvenile Courts (Ruth Dillon, Council Administrator and Alyn Lunceford, Facilities Director, AOC (by phone)) Consent Agenda- Action Items
7/12/13 Page 1 of 2 M. Approving Proposed Grant Agreement with the State of Utah through September 1, 2013 for Geographic Information Systems (GIS)/Cadastral Mapping N. Ratifying Chair’s Signature on Letter of Agreement between Four Corners Community Behavioral Health, Inc. and Grand County Sheriff’s Office, Grand County Clerk and Grand County Attorney’s Office for Supporting Adult or Dependency Drug Courts O. Ratifying Chair’s Signature on Intergovernmental County Jail Agreement between Grand County Sheriff and the Utah Department of Corrections P. Ratifying Chair’s Signature on Task Agreement / Cooperative Agreement #H1341112001 with the National Park Service, Southeast Utah Group for Funding of Cooperative Emergency Operations in Grand County and Arches & Canyonlands National Parks Public Hearings- Possible Action Items (none) General Council Reports Future Considerations Closed Session(s) Q. Ratifying Chair’s Signature on Real Estate Purchase Contract for Property at 180 E. 100 N., Moab, Utah (Ruth Dillon, Council Administrator) Adjourn
At the Grand County Council meetings/hearings any citizen, property owner, or public official may be heard on any agenda subject. The number of persons heard and the time allowed each may be limited at the sole discretion of the Chair. On matters set for public hearings there is a three-minute time limit per person to allow maximum public participation. All persons, upon being recognized by the Chair, shall advance to the podium, state their full name and address, whom they represent, and their subject matter. No person shall interrupt legislative proceedings.
Requests for inclusion on an agenda and supporting documentation must be received by 5:00 PM on the Wednesday prior to a regular Council Meeting and forty-eight (48) hours prior to any Special Council Meeting. Information relative to these meetings/hearings may be obtained at the Grand County Council’s Office, 125 East Center Street, Moab, Utah; (435) 259-1346. Those with special needs requests wishing to attend County Council meetings are encouraged to contact the County two (2) business days in advance of these events. Specific accommodations necessary to allow participation of disabled persons will be provided to the maximum extent possible. Requests, or any questions or comments can be communicated to: (435) 259-1346. T.D.D. (Telecommunication Device for the Deaf) calls can be answered at: (435) 259-1346.
7/12/13 Page 2 of 2
GRAND COUNTY COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: C
TITLE: 2012 Sand Flats Recreation Area Report
FISCAL IMPACT: n/a
PRESENTER: Andrea Brand, Program Manager, Sand Flats Recreation Area (SFRA)
BACKGROUND: Name & Contact Andrea Brand, Program Manager, will be reporting to the Council on Sand Information: Flats 2012 statistics and other Sand Flats topics. Anticipated presentation time Andrea Brand is 15 minutes (includes time for questions). Program Manager Sand Flats Recreation Area, Moab, UT 84532 ATTACHMENT(S): 435-259-1386 Grand County/Sand Flats Recreation Area 2012 Annual Report and SFRA abrand@ Remit Totals 2003-2012. grandcountyutah.net
Grand County/ Sand Flats Recreation Area 2012 Annual Report
Overview:
The Sand Flats Recreation Area (SFRA) completed its seventeenth year of operation and fifteenth year of self-sustained operation in 2012.
Total fees collected and grants: $329,152 Total expenditures: $305,521 Carry over fund for operation in the 2013 season approximately $102,000 Estimated total visitation from remits: 97,720 persons.
The Sand Flats Program provided day to day management of an 8,831 acre recreation area at no cost to tax payers. These services included:
Staffed Sand Flats entrance booth spring through fall. Performed daily patrols of the recreation area along with site to site compliance checks of all campsites. Maintained all trails and trailheads. Scheduled and completed general maintenance of all campsites. Pumped, cleaned and stocked toilets. Provided trash removal. Replaced all vandalized, worn or deteriorated facilities. Maintained and updated all information kiosks. Provided brochures and maps to visitors. Provided up to date web site information on Sand Flats area. Presented accurate interpretive information to visitors and community members through written and oral presentations and roving interpretive contacts. Provided volunteer opportunities to our visitors and members of the community. Provided employment for 2 high school apprentices, 4 seasonal workers and 3 year round staff. Paid all SITLA fees ($20,977) and provided funds to Grand County Clerks’ office ($5,000) and to Grand County Search and Rescue ($10,000).
2012 Highlights:
Received Department of the Interior’s Youth Initiative grant for 2013.
Received an extension for completion date for grant from Utah State Parks and Recreation for the Fins and Things Trailhead Improvement Project.
SFRA acquired over 100 large boulders for campground improvements from SWD.
SFRA worked with the BLM to make improvements to ten campsites and three roadways in Sand Flats campgrounds. Project was completed before fall season and within budget.
Sand Flats set up a new website and Facebook page SFRA Remits
ANNUAL REMIT TOTALS BY MONTH % OF CHANGE OVER LAST YEAR 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 04 05 06 07 08 09 10 11 12 03-10* 03-11* 03-12* JAN 2440 830 1663 1631 1486 964 1226 1197 1819 2390 -66 100 -2 -9 -35 27 -2 52 31 1430 1473 1565 FEB 2950 2561 4312 3918 5845 4322 4608 1521 2390 4128 -13 68 -9 49 -26 7 -67 57 73 3755 3603 3656 MAR 29483 36291 46963 30795 45618 54793 41801 39732 38588 46162 23 29 -34 48 20 -24 -5 -3 20 40685 40452 41023 APR 57693 62569 49940 67878 75686 61528 69306 75823 75079 76039 8 -20 36 12 -19 13 9 -1 1 65053 66167 67154 MAY 48955 41637 43936 47107 50169 53005 54994 63721 70090 59427 -15 6 7 7 6 4 16 10 -15 50441 52624 53304 JUNE 13536 11587 13710 12668 13090 15897 21387 19539 28838 17596 -14 18 -8 3 21 35 -9 48 -39 15177 16695 16785 JULY 5394 6487 6425 5800 4843 5639 6968 4283 10331 6918 20 -1 -10 -17 16 24 -39 141 -33 5730 6241 6309 AUG 10189 6593 6194 5937 7185 7813 7198 6957 6232 8200 -35 -6 -4 21 9 -8 -3 -10 32 7258 7144 7250 SEPT 19018 19189 18127 25434 23916 22048 24422 25326 26846 26931 1 -6 40 -6 -8 11 4 6 0 22185 22703 23126 OCT 38657 35814 33607 40201 45286 43248 49587 50650 54436 52224 -7 -6 20 13 -5 15 2 7 -4 42131 43498 44371 NOV 9697 9133 11851 15653 18406 15714 16186 12780 14302 17503 -6 30 32 18 -15 3 -21 12 22 13678 13747 14123 DEC 1107 1186 1300 1427 853 1174 601 1064 1812 1169 7 10 10 -40 38 -49 77 70 -35 1089 1169 1169 TOTAL 239119 233877 238028 258449 292383 286145 298284 302593 330763 318687 -2% 2% 9% 13% -2% 4% 1% 9% -4% 268610 275516 279833
80000
70000 2003 60000 2004 2005 50000 2006
2007 40000 2008 INCOME 30000 2009 2010 20000 2011 2012 10000
0 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: D
TITLE: Housing Authority of Southeastern Utah Quarterly Report
FISCAL IMPACT:
PRESENTER(S): Robert Muir, Executive Director, Housing Authority of Southeastern Utah
BACKGROUND: Prepared By: Housing Authority of Southeastern Utah (HASU) Quarterly Report for 2013
KaLeigh Welch ATTACHMENT(S): Council Office 1. HASU Quarterly Report Coordinator (435) 259-1346
FOR OFFICE USE ONLY: Attorney Review:
N/A
Housing Authority of Southeastern Utah serving grand and san Juan county
Main Administrative Office 321 East Center Street Moab, UT 84532 Phone (435) 259-5891 Fax (435) 259-4938 TTY (800) 346-4128 Email: [email protected]
HASU QUARTERLY REPORT
1. The Housing Authority proposed budget has been completed and submitted to the HASU Board for review and comment.
2. The Moab Self-Help homes (4 units) are expected to be completed and closed by July 19 th . We are currently working with several families on setting up a new group, but are still looking for more participants in the next phase.
3. The Blanding Self-Help homes (5 units) are under construction and the estimated completion time is in September.
4. Five new Crown units are under construction at Desert Winds and are approximately 50% completed. Estimated completion date is in mid October 2013. We are currently taking names for a list to mail out applications in August.
5. The Rim Hill Crown project (8 units) is currently full and we are not taking any applications for this project.
6. Monticello Crown project (4 units) is projected to be fully rented out by next week.
7. Blanding Crown Project (4 units) currently has two vacancies, but we have several applications being processed at this time.
8. The proposed budget for the Virginian Apartments (28 units) has been submitted to Rural Development and has been approved. The fiscal year ended on June 30 th and the accountants are currently working on the yearend financial reports and the external auditors are prepping to complete the audit within 90 days.
9. The Cinema Courts project has 60 units, of which 56 are filled. Three 2-bedroom and three 3-bedroom units are available at this time. The property manager is taking applications and processing them at this time. She has several good applications and is awaiting employment and income verification before assigning out the apartments.
Housing Authority of Southeastern Utah is an Equal Opportunity Provider and Equal Housing Opportunity
10. The waiting list for the Section 8 program has been closed and we are not accepting any more applications at this time. The estimated wait time is over two years.
11. The Section 8 program has had its funding reduced by approximately 5% because of budget constraints in Congress; therefore we are classified in a shortfall category. In June, HASU applied for ‘Shortfall’ aid in coordination with the HUD Shortfall team. They have received the request and are processing it at this time, expected response is between 60 and 90 days.
12. The PHA 5 year & annual plan for the Section 8, Housing Choice Voucher program has been posted on the public notice website for public review and comment.
Housing Authority of Southeastern Utah is an Equal Opportunity Provider and Equal Housing Opportunity
June 2013 August 2013 S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 July 2013 16 17 22 18 19 23 24 18 19 20 21 20 21 22 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
8:30AM Safety & Accident 4:00PM Council Meeting Independence Day Review Committee (Chambers) (Chambers) 8:00AM County Offices 2:00PM USU Advisory Closed Board (Moab Campus) 4:00PM Weed Board (Grand Center) 6:00PM Airport Board 30 (Chambers)1 2 3 4 5 6
12:30PM Council on Aging 12:00PM Trail Mix 12:00PM Housing Authority 10:00AM Catastrophic 10:00AM Historical (Grand Center) Committee (Grand Center) Board (City Chambers) Wildfire Reduction Plan Preservation Commission 3:00PM Travel Council 5:00PM Agenda Mtg (Grand Center) (Dan O'Laurie Museum of Advisory Board Summaries Due 11:00AM Affordable Moab) (Chambers) 6:00PM Planning Housing Task Force (City 5:30PM OSTA Advisory Commission Chambers) Committee (Arena Conf. (CANCELLED) 1:00PM Assoc. Local Gov. Rm.) 6:00PM Thompson Fire (CANCELLED) 6:00PM Cemetery Dist (Thompson Fire 4:00PM Solid Waste Maintenance District Station) District (CANCELLED) (Sunset Memorial) 7:00PM Thompson Water 5:30PM Moab Mosquito 6:00PM Transportation Dist. (Thompson Fire Abatement District Board 7 8 District (Road9 Dept. Office) Station)10 (CANCELLED)11 12 13 6:30PM Land Use & Appeal Authority Train. (Grand Center)
12:00PM Chamber of 1:30PM Human Behavior 8:30AM Human Behavior NACo Fort Worth, TX Commerce (Susie's 101 Seminar: Dealing with 101 Seminar: Dealing with Branding Iron) Difficult People (Moab Difficult People (Moab 8:30AM Human Behavior 4:00PM Council Meeting Vally Inn) Valley Inn) 101 Seminar: Dealing with (Chambers) 7:00PM Recreation District 7:00PM Grand Water and Difficult People (Moab Board (City Chambers) Sewer Service Agency Valley Inn) (Water District Office) 14 15 16 17 18 19 20
NACo Fort Worth, TX 2:45PM Four Corners Pioneeer Day 5:30PM Canyonlands 12:00PM Homeless Mental Health Board Health Care Dist. Coordinating Committee (Green River) 8:00AM County Offices (Canyonlands Care Center) (Zions Bank) 5:00PM Public Health Dept Closed Board (Green River City) 21 22 23 24 25 26 27
3:00PM Administrative 12:00PM Children's Justice 5:30PM Moab Mosquito Workshop (Chambers if Center Advisory Board Abatement District Board needed) (Fire Dept.) (District Office) 3:00PM Moab Tailings 5:00PM Agenda 7:00PM Grand Water & Project Steering Committee Summaries Due Sewer Service Agency (Chambers) (Water District Office) 28 29 30 31 1 2 3
7/12/2013 5:56 PM 1/1 KaLeigh Welch July 2013 September 2013 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 8 9 10 11 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19 20 21 August 2013 27 22 23 27 28 21 22 23 24 25 26 24 25 26 28 29 30 31 29 30
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
3:00PM - 3:00PM 12:00PM - 12:00PM 5:30PM - 5:30PM Moab Administrative Workshop Children's Justice Center Mosquito Abatement (Chambers if needed) Advisory Board (Fire District Board (District 3:00PM - 3:00PM Moab Dept.) Office) Tailings Project Steering 5:00PM - 5:00PM Agenda 7:00PM - 7:00PM Grand Committee (Chambers) Summaries Due Water & Sewer Service Agency (Water District 28 29 30 31 Office) 1 2 3
8:30AM - 8:30AM Safety & 4:00PM - 4:00PM Council 6:00PM - 6:00PM Open Annual Utah Rural Summit Cedar City Accident Review Meeting (Chambers) Meetings Act Training - Committee (Chambers) Alternate (Water District 10:30AM - 2:45PM Open 7:30PM - 8:30PM 2:00PM - 2:00PM USU Office) Meetings Act Training Congressmen Chaffetz & Advisory Board (Moab (Grand Center) Bishop (Grand Center) Campus) 4:00PM - 4:00PM Solid 4:00PM - 4:00PM Weed Waste District Board (Grand Center) (CANCELLED) 6:00PM - 6:00PM Airport 5:30PM - 5:30PM Library Board (Chambers) Board Meeting (Public 4 5 6 7 Library)8 9 10
12:30PM - 12:30PM 12:00PM - 12:00PM Trail 12:00PM - 12:00PM 7:00PM - 7:00PM Grand Council on Aging (Grand Mix Committee (Grand Housing Authority Board Water and Sewer Service Center) Center) (City Chambers) Agency (Water District 3:00PM - 3:00PM Travel 5:00PM - 5:00PM Agenda Office) Council Advisory Board Summaries Due (Chambers) 6:00PM - 6:00PM Planning 5:30PM - 5:30PM OSTA Commission (Chambers) Advisory Committee (Arena 7:00PM - 7:00PM Conf. Rm.) Thompson Water Dist. 6:00PM - 6:00PM (Thompson Fire Station) Cemetery Maintenance District (Sunset Memorial) 11 12 6:00PM13 - 6:00PM 14 15 16 17 Transportation District (Road Dept. Office)
12:00PM - 12:00PM 7:00PM - 7:00PM 9:00AM - 9:00AM Canyon Chamber of Commerce Recreation District Board Country Partnership (Zions Bank) (City Chambers) (Range Creek Day Trip) 4:00PM - 4:00PM Council 1:00PM - 1:00PM Meeting (Chambers) Association of Local Governments (Price) 18 19 20 21 22 23 24
5:00PM - 5:00PM Agenda 5:30PM - 5:30PM 9:00AM - 11:30AM Retreat Summaries Due Canyonlands Health Care (Tentative) (Council 6:00PM - 6:00PM Planning Dist. (Canyonlands Care Chambers) Commission (Chambers) Center) 11:30AM - 1:00PM City/ County Joint Council Meeting (Tentative) (Council Chambers) 1:00PM - 3:00PM Retreat (Tentative) (Council 25 26 27 28 29 Chambers)30 31
7/12/2013 5:56 PM 1/1 KaLeigh Welch claritypointcoaching | Moab Event
Home Learn about Coaching Corporate Services More
Teaching individuals and organizations to eliminate fear.
Kim Giles is coming to Moab UT Housing Authority Staff and Board - Grand County Employee Training July 17 - 19th Dealing with Difficult People Seminar (Open to Public) at Star Hall on the evening of the 19th - 7pm Fundraiser for the Canyonlands Care Center
Training Seminars Housing Authority Staff and Board - Grand County
July 17th 1:30-4:30 pm Human Behavior 101 - Dealing with Difficult People Please be sure to take the Personal Fear Assessment ahead of time. Bring your report with you to the training. This is a confidential report sent to you by email, seen only by you.
July 18th 8:30-11:30 am Human Behavior 101 - Dealing with Difficult People Please be sure to take the Personal Fear Assessment ahead of time. Bring your report with you to the training. Take the Personal Fear Assessment This is a confidential report sent to you by email, seen only by you. You must take Assessment before July 19th 8:30 - 11:30 am Human Behavior 101 - Dealing with Difficult People July 14th to have it in time for Please be sure to take the Personal Fear Assessment ahead of Training time. Bring your report with you to the training. This is a confidential report sent to you by email, seen only by you.
Public Event Dealing with Difficult People ... and making sure you're not one of them. Seminar Assessment is $150 Value Fundraiser for Canyonlands Care
100% of proceeds go toCanyonlands Care Center cENTER July 19th 7pm - 9pm If you are joining us from out of town and are interested in discount lodging for the event or other Star Hall - doors open 6:30pm lesuire activites to enjoy while in town - please visit www.discovermoab.com Cost: $20. ($25 at door) Purchase at Care Center (Anita Keogh 435-719-4400 ext. 4410) 390 Williams Way
Kim Giles is a sought after author, speaker and executive coach. She was named one of the top 20 advice gurus in the Country by Good Morning America in 2010. She has appeared on local and national TV and radio, and has published over 300 articles in all kinds of publications. She writes a column and appears on KSL TV and KSL.com
She has a revolutionary system for changing the way you see yourself and your world. This presentation will literally change you in a profound and permanent way. You will leave this night with a clear understanding of how you think and why people behave the way they do. You will learn relationship and communication skills that will change the way you interact with people. If you will take the Fear Assessment before hand and bring it with you - she will show you how your subconscious thought processes are affecting your life and how to change them.
To get the most out of this opportunity, you will want to take the Personal Fear Assessment ahead of time by clicking on this link...
You must take Assessment Before July 14th to have it in time for Take the Personal Fear Assessment Seminar
This is a confidential report sent to you by email, seen only by you.
http://www.claritypointcoaching.com/moabevent#!moab-event/c1ov7[7/2/2013 12:39:00 PM] Department of Envirol1Illenllll Quality
State of Utah co DIVISION 01' AIR QUAUfY GA&Y R HllRIlERT Bry DAQE-NNI02530011-13 June 25, 2013 SUn Advocate .Legal Advertising Depart.meiit 845 East Main Price, Utah 84501 RE: Legal Notice of Intent to Approve This letter will confirm the au!horization to publish the attached NOI'ICB in the SWl Advocate on June 27,2013. Plea.semail the invoice and affidavit of publication to !he Utah State Department ofEnviromnental Quality, Division of Air Qoality, P.O. Box 144820, Salt l..ake City, Utah 84114-4820. If you have any questiOllS contact Kimberly Wik:ox, who may be reached at (SOl) 536-4068. Sincerely. hV~ Kimberly Wilcox Office Techoician Utah Division of Air Quality Enclosure cc: Sontheaslern Association of Governments Gt:and COIllll!. 195 North 1950 Wes" s.l!!..ok. City, ur MailingAdd=" !'.a.Box 144620' SDlt !..oke City, ur &41144820 Telrplwne (frol),SJ6-4000' Fax (801) 536409'l' T.D.D. {l!O1)5364414 Wlt'w.de.q. WiJh.8'fN PnllIf:d on lOO';iJ RlCycled pDp£T DAQE-NNI02530011-13 Page 2 NOTICE A Notice ofIntent. for the following project submitted in accordance with §R307-401-1, Utah Administrative Code (UAC), has been received for consideration by the Director: Company Name: Red Rock Gathering Company, LLC Location: Red Rock Gathering Company, LLC: Westwater Compressor Station - NEl4 NWf4 Sec. 9, TI8S, R24E, Westwater, UT, Grand County Project Description: . Red Rock GatheriIJg Company, LLC, has requested a modification to Approval Order DAQE-ANOl02530009-{)8, the Westwater Natural Gas Compressor Station (NGCS) to update the equipment list. This modification involves the Updating of one engine and removal of three dehydration units, one engine and three- condensate storage tanks. The Westwater NGCS consist of five engines, a ootural gas dehydnition unit, a flare, three condensate storage tanks and process storage tanb. The up-dated equipment list will change the emissions as follows (in toIlS per year): -35.46 of NO., -35.46 of CO, -17.56 ofVOC, 0.330fPMIO' 0.33 ofPM1.5, 0.1 of SO.. and 19,324 of CChe. The total potential to emit . emissiollS are as follows (in tons per year) for the Westwater NGCS; 51.74 of NO" 50.74 of CO, 25.04 of VOC, 033 of PMw, 0.33 ofPMu , 0.1 of SO" and 19,324 of CO"" The Red Rock Gathering Company, LLC' s WestWater NGCS is located 12 miles northwest of Harley Dome, Grand County, Utah. Grand County is an attainment area of the National Ambient Air Quality Standards (NAAQS) for all pollutants. New Source Performance Standards 40 CPR 60 Subpart A, Subpart 0000, Maximum Achievable Control Technology 40 CPR 63 Subpart A, and Subpart 'ZZZZ. regulations apply to this souree. Tille V of the 1990 Clean Air Act does not apply to this source. This site is not located in Uintah or Duchene County, therefore this project is not subject to the Umtah Basin Permitting Guidance issued on January 16, 2013. The completed engineering evaluation and air quality impact analysis showed that the proposed project meets the requirements of federal air quality regulatiollS and the State air quality rules. The Director intends to issue an Approval Order pending a 30-day public comment period. The project proposal, estimate of the effect on local air quality and draft Approval Order are available for public inspection and conunent at the Utah Division of Air Quality, 195 North 1950 West, Salt Lake City, UT 84116. Written comments received by the Division at this same address on or before July 27, 2013 will be considered in making the [mal decision on the approvaUdisapproval of the proposed project Email comment~ will also be accepted at [email protected] so requests to the Director at the Division in writing within 15 days of publication of this notice. a hearing will be held in accordance with.R30740l-7, UAC, Under Sec~ion 19-1-301.5, a ptmion who wishes to challenge a Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment periOd and was supported with sufficient information or documentation to enable the director to fully cOllSider the substance and significance of the issue. Date of Notice: June 27, 2013 AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: F TITLE: Adopting the Public Housing Agency (PHA) 5-Year and Annual Plan for the Housing Authority of Southeastern Utah FISCAL IMPACT: None PRESENTER(S): Robert Muir, Executive Director, Housing Authority of Southeastern Utah RECOMMENDATION: Prepared By: I move to adopt the Public Housing Agency (PHA) 5 year & Annual Plan for the HASU consistent with the County Consolidated Plan, and authorize the Robert Muir, Director Housing Authority of Chair to sign all associated documents to include form HUD 50077-SL. Southeastern Utah 321 E Center Street Moab, Utah BACKGROUND: 435-259-5891 [email protected] The five year & Annual plan is submitted by the Housing Authority each year until the organization is classified as ‘High Performing’. The plan states the abbreviated Housing Authority’s plans for the Section 8 Housing Choice Voucher and any changes in the plan from the last filing of the plan FOR OFFICE USE ONLY: to HUD. The HUD form 50077-SL, signed by a local official representative Attorney Review: to ensure that the Housing Authority is consistent with the Consolidated Plan for this area. ATTACHMENT(S): None requested Form HUD 50070 Certification for a Drug-Free Workplace Form HUD 50071 Certification of Payments to Influence Federal Transactions Form HUD-50075 PHA 5-Year and Annual Plan Form HUD 50077 PHA Certifications of Compliance with PHA Plans/Regulations Form HUD 50077-CR Civil Rights Certifications Form HUD 50077-SL Certification by State or Local Official Certification for u.s. Department of Housing and Urban Development a Drug-Free Workplace Applicant Name Housing Authority of Southeastern Utah Program/Activity Receiving Federal Grant Funding Housing Choice Voucher Program (HCV) Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue (1) Abide by the terms of the statement; and to provide a drug-free workplace by: (2) Notify the employer in writing of his or her convic a. Publishing a statement notifying employees that the un tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution, dispensing, possession, or use workplace no later than five calendar days after such conviction; of a controlled substance is prohibited in the Applicant!s work e. Notifying the agency in writing, within ten calendar days place and specifying the actions that will be taken against after receiving notice under subparagraph d.(2) from an em employees for violation of such prohibition. ployee or otherwise receiving actual notice of such conviction. b. Establishing an on-going drug-free awareness program to Employers of convicted employees must provide notice, includ inform employees --- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, (1) The dangers of drug abuse in the workplace; unless the Federalagency has designated a central point for the (2) The Applicant!s policy of maintaining a drug-free receipt of such notices. Notice shall include the identification workplace; number(s) of each affected grant; (3) Any available drug counseling, rehabilitation, and f. Taking one of the following actions, within 30 calendar employee assistance programs; and days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted --- (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the c. Making it a requirement that each employee to be engaged requirements of the Rehabilitation Act of 1973, as amended; or in the performance of the grant be given a copy of tbe statement required by paragraph a.; (2) Requiring such employee to participate satisfacto rily in a drug abuse assistance or rehabilitation program ap d. Notifying the employee in the statement required by para proved for such purposes by a Federal, State, or local health, law graph a. that, as a condition of employmcnt undcr the grant, the enforcement, or other appropriate agency; employee will --- g. Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performancc of work donc in connection with thc BUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Housing Authority of Southeastern Utah 321 E Center Street Moab, Grand County, Utah 84532 Check here D if there are workplaces on file thai are not identified on the attached sheets. I hcrcby certify that all thc information statcd hcrein, as wcll as any information pro vidcd in thc accompanimcnt hercwith, is truc and accuratc. Warni ng: HU 0 will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Jerry McNeely Chairman of the Board of Directors SlgnaLuje Date x form HUD·S0070 (3/98) ref. Handbooks 7417.1, 7475.13. 7485.1 &.3 OMS Approval No. 2577·0157 (Exp. 3/31/2010) Certification of Payments u.s. Department of Housing and Urban Development to Influence Federal Transactions Office of Public and Indian Housing Applicant Name Housing Authority of Southeastern Utah Program/Activity Receiving Federal Grant Funding Housing Choice Voucher Program (HCV) The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be (3) The undersigned shall require that the language of this paid, by or on behalf of the undersigned, to any person for certification be included in the award documents for all subawards influencing or attempting to influence an officer or employee of at all tiers (including subcontracts, subgrants, and contracts an agency, a Member of Congress, an officer or employee of under grants, loans, and cooperative agreements) and that all Congress, or an employee of a Member of Congress in connec subrecipients shall certify and disclose accordingly. tion with the awarding of any Federal contract, the making of any This certification is a material representation of fact upon which Federal grant, the making of any Federal loan, the entering into reliance was placed when this transaction was made or entered of any cooperative agreement, and the extension, continuation, into. Submission ofthis certification is a prerequisite for making renewal, amendment, or modification of any Federal contract, or entering into this transaction imposed by Section 1352, Title grant, loan, or cooperative agreement. 31, U.S, Code. Any person who fails to file the required (2) If any funds other than Federal appropriated funds have certification shall be subject to a civil penalty of not less than been paid or will be paid to any person for influencing or $10,000 and not more than $100,000 for each snch failure, attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, 01' cooperative agreement, the undersigned shall complete and snbmit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. I hereby certify that all the information stated herein, as well ,13 any information providcd in the accompaniment herewith, is trne and accurate, Warning: H UD will prosecute false claims and statements, Conviction may result in criminal and/or civil penalties, (18 U.S.C.1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Jerry McNeely Chairman of the Board of Directors Date (mm/dd/yyyy) form HUD 50071 (3198) Pr vious edition is obsolete ? ref, Handboooks 7417, 1,7475,13,7485.1, & 7485.3 PHA 5-Year and u.s. Department of Housing and Urban OMB No. 2577-0226 Development Expires 8/30/2011 Annual Plan Office of Public and Indian Housing 1.0 PHA Information PHAName: HotisingAuthoritJ!. o[Sotitheastern Utah CHASUi PHA Code: _UTOI4__ PHA Type: D Small 0 High Performing D Standard I8J HeY (Seetion 8) PHA Fiseal Year Beginning: (MMlYYYY): 07/20/3 2.0 Inventory (based on Ace units at time ofFY beginning in 1.0 above) Nnmber of PH noits: NiA Numbel'ofHCV nnits: 46 3.0 Submission Type [gI 5~Y ear and Annual Plan o Anm131 Plan Only D 5-YearPlanOnly 4.0 PHA Consortia o PHA Consortia: (Cheek box if Sllbmitting a joint Plan and complete table below.) No. of Units in Each PHA Program(s) Included in the Programs Not in the Pal1ieipating PHAs Program Code ConsOltia Consortia PH Hey PHA 1: PHA2: PHA3: 5.0 5-Ycar Plan. Complete items 5.1 and 5.2 only at 5-Year Plan llpdate. (sections 5.0,5,1, & 5,2 not completed durillg anl1ual plall update) 5.1 Mission. State the PHA's Mission for serving the needs oflow -income, very low -income, and extremely low ineome families in the PHA's jurlsdietion for the next five years: N/A 5.2 Goals nud Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs oflow-ineome and very low-income, and extremely low-inoome families for the next five years, Include a report on the progress the PHA has made in meeting the goals and objeetives deseribed in the previous 5-Year Plan, N/A PHA Plnll Updnte 6.0 (a) Identify all PHA Plan elements that have been revised by the PHA sinee its last Annual Plan sllbmission: The Statemel1t qfFinancial Resources changes annually for each program administered by NASU. Funding has beell reduced agaill, tllis time due to sequestration, No other Plan elemellts have been revised since the last submissioll, (b) Identify the speeific location(s) where the public may obtain copies of the 5-Year and Anmwl PHA Plan. For a complete list ofPHA Plan elements, see Seetion 6,0 of the instruetions. The financial information and PHA plan is on file, and available for review at the HASU office at 321 E Center Street, in Moab, Utah. 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Convcnion of Public Housing, Homcownership Programs, and Project-bascd Vouchers. Include statements related to these programs as applicable. N/A 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. N/A Capital Fund Program Annual StntementlPerformance and Evaluation Report. As purt of the PHA 5-Year and Annual Plan, annually 8.1 eomplete and submit the Capital Fund Program Annual Statemel1t/Peiformance alld Evaluation Report, fOlm HUD-50075.l, for eaeil ennent and open CFP grant and CFFP finaneing. N/A Capitnl Fund Progrnm Fivc-Year Action Plall. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund 8.2 Program Five-Year Action Plan, form HUD-50075.2, and sllbseqnent anlllwi updates (on a rolling basis, e.g" drop eun-ent year, and add lalest year for a five year period). Large eapital items must be included in the Five-Year Action Plan. N/A Capital Fund Financing Program (CFFP). 8.3 o Cheek iftile PHA proposes to use any pOltion of its Capital Fund Progmm (CFP)JReplacement Honsing Factor (RHF) to repay debt ineulTed lo fmance capital improvements. N/A Housing Needs. Based on infOlmation provided by the applieabte Consolidated Plan, information provided by HUD, and other generally available data, makc a l-easonablo effort lo idontify the housing needs of the low-ineome, velY low-meome, and extremely low-income mmilies who reside in the jurisdietion served by the PHA, ineluding elderly families, families with disabilities, and households of vallO us raees and ethnic groups, and other families who are on the pubHc housing and Section 8 termnt-based assisl'anee waiting lists. The iden1ifieation of housmg needs must address issues of afiordability, supply, quality, accessibility, size of nnits, and location, 9.0 The hOlJ.sil1g c/wilenge in Gralld COImty is afunction offour primary factors: low household income, high housing costs (average sales price ill 2012 was $257,971, median sales price was $250,000), the influel1ce of external market demand alld the condition/amount of the housing inventory (currently 86 stick built home listings with GIl average list price of $323,642, median list price of $275,000 alld only seven listings are listed below $200k). Coupled with the stagnant growth of income in Gralld County with raising real estate costs, thefutwe of the hotlSing gap for affordable hot/sing will continue to grow. One issue ajj"ecting real estate costs is high external market demand. Ex:fernal market real estate purchasers have the ability to and typically do bid at higher home purchase prices thall those supported by prevailing wages il1 the local market. Furthermore, the condition ofa large quantity of rental homes in Grand Coullly can be described as being in dilapidated or ullacceptable condition. Accordillg to SEUALG's consolidated plan, 35% of af! Gral1d County housing llnitS fall into one of these conditions. Currently, the Housing Choice Voucher waiting list is closed due to increased applications, as well as over-expenditure on existing HCV participal1ts ascribable to seasonal variations in work and the current sequestratioll offederal/unds at this time. Page 1 of3 Instructions form HUD-50075 (2008) Strategy for Addressing HOlll'liug Needs. Provide a brief deSCliption of the PHA's strategy for addressing the housing needs offamilies in the jnrisdiction and on the waiting list in the 11peomfng year. Note: Smull, Section 8 only, nod High Performing PHAs complete only tor Anonnl Plan snbmissiou with the 5~Year Plan. HASU will address the housing needs afthe area it serves within its fimding and staffing constraints, and will continue to seek additional resources in its mission to provide quality housing to low income citizens by: .... Maintaining or increasing Section 8 lease-tip rates by establishing payment standards that will enable families to rent throughout the jurisdiction .... Maintaining or increasing Section 8 lease-tip rates by marketing the program to owners, particularly those outside 0/ areas o/minority and poverty concentration 9.1 .... Maintaining or increasing Section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance o/program .... Participating in the Consolidated Plan development process to ensure coordination with broader community strategies .... Applying/or additional Section 8 vouchers should they become amilable .... Leveraging affordable housing resources in the community through the creation 0/mixed-jlnance housing .... Adopting rent policies to support and enC01/rage work .... Employing admission preferences aimed at/amilies who are working .... Adopting rent policies to support and encourage work .... Applying/or special purpose vouchers targeted to the elderly, individuals and/alnilies with disabilities .... Affirmatively market to local non-profit agencies that assist/amilies with disabilities .... Counsel Section 8 tenants as to locotion o/units outside 0/areas o/poverty or minority concentration and assist them to locate those units .... Market the Sec/ion 8 program to owners olltside 0/ areas o/poverty/minority concentrations Additional Information, Desctibe the following, as well as any additional infonIlfltion HUD has reqnested, (a) Pmgress in Meeting Mission and Goals, Provide a blief statement of the PHA's progress in tneeting the mission and goals desclibed in the S Year Plan, According to the mission o/the 2010 streamlined plan, the HotlSing Authority 0/Southeastern Utah (HASU) has strived to advance affordable housing, economic opportunity and a sldtable living enviromnent/reefrom discrimination. Through the administration o/various programs HASU has been able to build numerotlS units through the MutL/al SelfHelp program, as well as, provide increased rental opportunities through the 10.0 CROWN rent-to-own program and the 60 unit Cinema Courts project, Through our continuing effort to ensure equal opportunity in hOLlSing, HASU implements a thorough briefing with all participants designed to educate on/air housing practices, as well as, procedures that can be /ollowed if the participant/eels they have been discriminated against, HASU looks/orward to implementing new and innovative ways to address the affordable hot/sing issue in Southeastern Utah, (b) Significant Amendment and Substantial Deviation/Moditication, PlDvide the PHA's definition of "significant amendment" and "substantial deviation/modification" 1. Substantial Deviation/rom the 5-Year Plan: Substantial deviationsji'om the 5-year plan are discretionary changes in the plans or polices o/the Housing Authority that/undamentally change the mission, goals, or objectives o/the Housing Authority. Any deviation would require a public comment and hearing, as well as, the approvalJi'om HUD be/ore implementation. 2. Significant Amendment or ModifIcation o/the 5-Year Plan: A significant amendment or modifIcation o/the 5-Yearplan is the discretionmy change in the plans or policies o/the Housing Authority thatfimdamentally changes goals and objectives o/the 5-year plan and/or annual plan, Any amendment or modification o/the onnual plan will require a public comment period and hearing, as well as, the approval/rom HUD be/ore imvlementation. 11.0 Required Submission for HUD Field Office Review, In addition to the PHA Plan template CHUD-S007S), PHAs must submit the following documents, Items (a) through (g) may be snbmitted with sigIk'lture by lIk'lil or electronically with scmmed signatures, but electronie submission is cnconraged. Items (h) tJU'ongh (i) mllst be attached electlDnically with thc PHA Plan. Note: Faxcd copics of thcse doeumcnts will not be accepted by tbe Field Office. (a) Fonn HUD-50077, PHA Certifications o/Corrlpliance with the PHA Plans ond Related Reglllotions (wIrich inclndcs all certifications relating to Civil Rights) (b) Fonn HUD-S0070, Certification/or a Drug-Free Workplace (PHAs receiving CFP grants only) (c) Form HUD-S0071, Certification a/Payments to Influence Federal T)'ansactions (PHAs rcceiving CFP grants only) (d) Fonn SF-LLL, DisclOS1/re 0/ Lobbying Activities (PHAs receiving CFP grants only) (e) FOlm SF-LLL-A, Di~'closure 0/ Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (£) Resident Advisory Board (RAB) COlIDnents, COlmnents received from the RAE mllst be sublnil['ed by the PHA as an attachment to the PHA Plan, PHAs must also include a natrative dcsclibing their analysis ofthe recOlmnelldations and the decisions made on these recOlmneruiations. (g) Challenged Elements (h) Fonn HUD-S007S.1, Capital Fund Program Annual StatementlPefformance and Evaluation Report (PHAs receiving CFP grants only) (i) Fonn HUD-S0075.2, Capital Fund Program Five-Year Action Plan (pI-lAs receiving CFP grants only) This infonnation collection is authOlized by Section Sll of the QLlality HOLlsing and Work Responsibility Act, which addcd a new section SA to the U.S. Housing Act of 1937, as amended, which introduced S-Year and Arlffilal PHA Plans. The S-Year and Annnal PHA plans plDvidc a ready source for interested parties to locate basic PHA policies, lUles, and requiremcnts conceming the PHA's operations, programs, and services, and infonns BUD, families served by the PHA, and members of thc public of the PHA's mission and strategies for serving the needs onow-income and vety low-income families. 111is form is to be used by all PHA types for submission oftlie S- Year and Annual Plans to HUD, Public reporting burden for this infollnation collection is estimated to avcrage 12,68 hours per response, including the time for revicwing instmctions, scareIring existing data so Llrces, galhering and lilllintaining the data needed, and completing and reviewing the collection of infurmation. HUD may not collect this information, and respondents are not required to completc tIris form, unless it displays a eun'cnl'ly valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Developmcnt is authorized to solicit the inforlIk'ltion reqnested in this foml by virtue of Title 12, U,S. Code, Scetion 1701 et' seq., and regulations promulgated thercunder at Title 12, Code ofFcdcral RegLllations. Responses to the collection of information are required to obtain a bencfit or to rctain a bcncfit. Thc infollDationl'equcsted does not lcnd itself to eonfidentiality Page 2 of3 Instructions fonn HUD-50075 (2008) Applieability. This fonn is to be used by all Public Honsing Agcncies management of housing owned, assisted, or operated by (PHAs) with Fiscal Year beginning APlill, 2008 for the submission of their the public housing agency (which shall ineludc meaSlll'es 5-Yeal' und Annual Plan in accordance with 24 CFRPalt 903. The previous necessaty for the prevention or eradication of pest version may be used only through Apri130, 2008. infestation, ineluding cockl'oaches), and management of the PHA and proglUms of the PHA. 1.0 PHA Information Inclnde the full PHA name, PHA code, PHA type, and PHA Fiscal Year 5. Grievance Procedures. A description of the grievance Beginning (MM;YYYY). and io£onna1 healing and review procec1l11'es that the PHA makcs available to its residents and applicants. 2.0 Inventory Under cach program, enter the number of Annnal Contributions Contract 6. Designated Housing for Elderly and Disllbled Families. (ACe) Pnblic Housing (PH) and Section 8 units (HCV). With rcspect to pnblic housmg proj ects O'WIled, assisted, or operated by the PHA, describe any projects (or pOltions 3.0 Submission Type thcrcof), in the upcoming fiscal year, that thc PHA has Indicate whether this submission is for an Annual and Five Year Plan, ArullJa1 designated or will apply for designation for oceupaney by Plan only, or 5-Year Plan only. elderly and disablcd families. The descliption shall include the following infon113tion: 1) development name 4.0 PHA Consortill and number; 2) designation type; 3) application statlls; 4) Check box if submitting a Joint PHA Plan and completc thc table. date the designation was approved, submitted, or planned for submission, and; 5) the number of llllits affected. 5.0 Five-Year Plan Identify the PHA's Mission, Goals andlor Objectives (24 CPR 903.6). 7. Community Service and Self-Sufficiency. A description Complete only at 5-Year npdate. of: (1) Any plOgrams relating to services and amenities provided or offered to assisted families; (2) Any policies 5.1 Mission. A statement of the mission of the public housing agency or programs of the PHA for the enhancement of the for serving the needs of low-income, very low-income, and extremely eeonomie and social self-sufficiency of assistcd fatnilies, low-income families in thejutisdiction of the PHA during the years including programs nnder Section 3 and FSS; (3) How the covel'ed under the plan. PHA will comply with the requirements of community serviee and tl'eatment of ineome changes resulting from 5.2 GOIlIs lind Objcctive~. Identify quantifiable goals and objectives welfare program reqni..rements. (Note: applies to only that will enable the PHA to serve the needs of low income, very low public housing). income, and extremely low-ineome fmnilies. 8. Safety lind Crime Prcvention. For pubtie housing only, 6.0 PHA Plan Update. In addition to the items captured in the Plan describe the PHA's plan for safety and crime prev,ention to template, PHAs must have the elements listed below l'eadily available to ensure thc safety of the public housing residents. The the public. Additionally, a PHA must: statement Inust inelude: (i) A desetiption of the need for me.;'1sures to ensure the safety of public housing residents; (a) Identify specifically which plan elements have been revised (ii) A description of any crime prevention activities since the PHA's prior plan submission. condlJcted or to be conducted by thc PHA; and (iii) A descliption of the coordination between the PHA and the (b) Identify whel'e thc 5-Year and Annual Plan may be obtained by appropriate police precincts for canying out crime the public. At a mini..mnm, PHAs mllstpost PHA Plans, prcvcntion measures and aetivities. including updates, at each Asset Management Proj ect (AMP) and main office or eentral office of the PHA. PHAs are 9. Pets. A stal'cment describing the PHAs policies and strongly encouraged to post complete PHA Plans on its oftieial l'equirements peltaining to the ownership of pets in pnblic website. PHAs are also encouraged to providc each resident honsing. council a copy of its 5-Year and Annual Plan. 10. Civil Rights Certitication. A PHA will be considered in PHA Plan Elements. (24 CFR 903.7) compliance with thc Civil Rights and AFFH Ccrtification if: it can document that it cxamincs its programs and 1. Eligibility, Selection and Admissions Policies, including proposed programs to identify any impediments to fair Deconecntrntion lind Wait List Proccdures. Dcscribe hon.~ing choice within those programs; addresses those the PHA's policies that govem resident or tenant impediments in a reasonable fashion in view of the eligibility, seleclion and adtnission including adlnission resources available; works witb the localjlll'isdiction to preferenccs for both public housing and HCV and nnit implement any of thc jurisdietion's initiatives to assignmcnt policies for public housing; and proccdures for affinnativcly furthcr fair housing; and assurcs that the maintaining waiting lists for admission to public housing annual plan is consistent with any applicable Consolidatcd and address any sitc-based waiting lists. Plan for its jl11'isdiction. 2. Fiuflncilll Resourccs. A statemcnt of financial resourees, 11. Fiscal YCDr Audit. Thc l'eSUltS ofthc mosl' reccnt fiscaJ including a listing by general categories, of the PHA's ycm" audit for the PHA. anticipated resolJl'ces, such as PHA Operating, Capita! and other anticipated Feueral resources available to the PHA, 12. Asset Management. A statcmcnt of how the agcncy will as wcll as tcnant rcnl's and ol'hcr incomc available to cany out its assct ITh1.nagcment functions with rcspccl- to support pubIle housing or tenant-bascd assistancc. The the publie housing invent01y ofthc agem.. y, including how statenlent also should includc the non-Federal sources of the agency will plan for thc long~tcrm operating, capital funds SUPPOlting cach Federal program, and state the investmcnt, rchabililation, modenrization, disposition, and planncd use for the rosourecs. othcr necds for such inventory. 3. Rent Determination. A statemcnt ofthc policies ofthc 13. Violence Against Women Act (VAWA). A description PHA goveming rcnts chm-ged for public housing and HCV of: 1) Any aetivities, services, or programs providcd 01' dwelling nnits. o[fcred by an agcncy, cithcr dil'cetly or in partncrship with othcr scrvicc providcrs, to child or adult victims of 4. Operation and Managcmcnt. A statemcnt ofthc mlcs, domcstic violence, dating violencc, sexual assault, 01' standards, and policies of the PHA govetning maintcnance stalking; 2) Any activities, scrvices, 01' programs providcd Pagc 1 of3 Instructions form HUD-50075 (2008) or c·ffered by II PHA t!-.at hdps child and adldt victilD:'1 ilf pl'I)Ci."Cd~, Addili'lm!.lly, t!le 101m 9hl111 be used forthe folk-wing don:e,stic violence, daung ..... iaImce, sexual.a&!ault, or pu!pose~: stalki[)g, to obtain or maintain hOllsing; and 3) Any activiLies, servJces, 0; programs provided 0: ofibrcd by a (.1) Til subL-.iL the jni~ial budgeT for u nt"'W granlor CF.FP; pub~ic l:ousrng agency ~ prevent domestic v:olcnce, dating vlC'knce, s~ual1!s..'t!ll1lt, and stBlk:i::.g, orto e'oh:mce (b) To repOtt (Ill the PeI10!'1JlftnCe lind Evalualion Repvl~ prog~ vktim safety in a."!;~8tcd I1nnilies. on any open g..'"ilntE previously funded ol'CH'P; :Jud '.0 Hope VI, Mind l'iPRnce Modernization or DevelopmenL: (c) To feC(JTd 0 budget reviaion on u previou&y apPloved Ope1l, Demolition and/or Dl.tposHioll} Cuuyers-ion of Publk Hou:s.ing~ grant or CFFP, e"g", additions or deletion~ OfWMk items, I-1omeo,,"l1ers1dp Program~ nnd Projed~bflsed VOllcher.!! modLIicatioll of budgeted amOlmts tilRt have beer, ulpje:mken 5jIlCC the sllmnis;;jon of tlle last Anm.ai Plan, rhe CllpitaJ (a) JIope VJ or Mh:ed Fin:mce Modf'nllzDtion or D~vf'lopm['nt. fwd Program Annual StatementIPedoI1nance and '1) A de.~criplion of :lilY D.)using (inc!uding pJ:Jj,.·cr nuJnbe:, (if Evah.:,'rtiC'u Repor~ ~USL bc submittcd anrTJally, kno ....TI) (Ltd unit conr.t) forwlti()h the PT"L\ will apply fi:.r nOPE VI or Mixed Finanec Modemiz:Jtion Of Devc1opDle_nt; and 2) A AJdiliUI1;)Hy, PHAs sllilI1 complete the Pclfottmmcc and timetable ffl( the 3ub]!'Jssion of applieatiQn~ orpro[K'sals. T1:e EvaluaLion R.<;POL'1. $cclion (see fo'Otn'Ote 2) 'O[ Lhe Capiral F ..m1 applicatl(ln and npp-oval plOCeS:l for Hope VI, Mixed Finnm\e PrograJri tiJlr1llal Sral.1rf1ertflPerjormlJ-nce (].'1d EV';IZJariu)'! (ii:nm Modemizaticn cr Deve~opl1lent, is a separate proCf'.8s. See HUJ)... 50075,,1), stthe following tillle~: gl-lidr'l.m::~ on HUD's website at: http'//www hud £0'1.1 of1:1ces/pibiprograms!pl:!hope6!ind :)X_ c!'m L At the end ot' the pmgrBln yt~([r; until [hi" pL'<'gmlll :!'l eo!npleted or all funds are (',xpo::;no..it,-,J; (b) Of'ntollrion and/or Disposition. With reBpe<:t to p~Jblic housing projlX'-i:!l owned by the PHA and subjer.t Lo ACeS ur1der the A:)t' 2. Vrllen revisions t'O the AllIIUal St.'liCmeO( are nlade l (]) A d(:.iC-rrpUllJl of allY hauiiing (i.:1c1udrng pruje!jt number and which do not require pr:or HUD approval, (e.g., unit fl11n\OOf.li [or a(ldresse!iJ), and lhe- ntlmbcr ,-'f aff-xtt1i -.;.nits eX:Jenditllres forcLTIcIgenuy wod; !'Cvi.'liC''('ls resulting a10ng wi!h ~lcil'$i7.l-":s and accessibility fGatl.m.w.) for which the fr~11l the PHAs applieation of funglbHity); arid PR!l wiH up]J~Y Ot is currently reruHll,!! fOj' de:noUlio!l 01 dJ.'lposition; sn!t (2) A tlnwtable k,r Lh(.\ d~1.nuljlion vI' 3, CpOIl completion or teflm:lalion of the acti ..rities fimdcd disposition. The application aud app::wmI proo!::ss. fOTdemo;iti()n In B specific capital fimd progmu: yc:::r. and!o;- dispositioD ia a separate ~r(JCe:4:" See i!,uican:e o[) HOD's website aL: 8..1 Cnpital Fund Progrnm Fiv.e~ Ycar Atllon Plan ht'tp://wW',J{.hud.gov/omces/j;!irj(\el1;~(frnt!l.~Qa!!".J-;Q_Qjspo/indeX,C fin PHAsmus! !>uh-mit (he CoJpiLal Furul Progrtlm F'ive-Y,?fTr Action Note: Th:,s statement Ull-lst be submitted!O the ex~ent Lhnt Plar. (t~ll"r.: HUD·50075.2) t'vr thl', entire I'lL\, p (d) HOmfOWlLel'shlp. A descripuon of any r.OIr.eownership 9.0 Housiu!; Needs. Provke a .']tate!nenL C'f6e huui}~T1g nceds oftantili("S (including project n:l1n:::eJ' and nna: eOl:.tlt) administered by residing in the j1ll'isd:crion s/:rviXl by UlC PHA llnd !b,', meuns by w:lich the agcllCY or for wlich the FHA has applied or will apply the PHA TIltends, to the mJximmn ::x~nr pl:J.ct:c:lbJe, to addn:s5 those fN approval, need~. (Note: Stllnd Page 2 ()f] In5trnetions filr111 Hl))).5tl075 (lOOS) PHA Certifications of Compliance U.S. Department of Housing and Urban Development. Office ofPublk and Indian HOllsing with PHA Plans and Related OMll No. 2571-0226 Reg u I a t ion s Expires 08130/2011 PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan Acting on behalfofthe Board a/Commissioners afthe Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official i/there is no Board o/Commlssloner-Y, 1 approve the submission ofthe....J!... 5-Year and/or.2_Annual PHA Planfor the PHAjiscal year beginning, hereinqfier referred to as" the Plan ", a/which this document is a part and make the lol/O'rlling certifications and agreements with the Department ofHousing and Urban Deve{opment (HUD) in connection with the submission afthe Plan and impiementation thereof,' 1. The Plan is consistent with the applicable comprehensive housing affordabiHty strategy (or any plan incorporating slIch strategy) for the jtlrisdic:ion in which the PHA is located. 2. The P1an contains a certification by the appropriate State or local officlals that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis ofImpediments to Fuir Housing Choice, for the PHA's jurisdiction and a description ofthe mallilel' in which the PHA Plan is consistent with the applicable Consolidated Plnn. 3, The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital FWld Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan, The Capital Fund Program Annual Slatement!Annual Stmemellt1Performance and Evaluation Report must be submitted annually even if there is no change. 4, The PHA has estahlished a Resident Advisory Board 01' Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendatious made by the Resident Advisory Doard or Boards and a d~scription of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all illfonnati(m relevant to the public hearing available tor public inspection at least 45 days before the hearing, published a notic.c that a hearing would he held and conducted a he'aring to discuss the Piall and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI oftlle Civil Rights Act of 1964, the Fair HOW;1l1g Act, section 504 of the Rehabilitation Act of 1973, aud title II of ti,e Americans with Disabilities Act of 1990. 7. The PHA will afflrmatively further fair housing by examinlng their programs or proposed programs, identiPJ any impediments to fau' housing choice within those probtt'ams" address those impediments in a reasonable Eilshion in view of the resources available and work with local JuriscUctions to impJel110nt any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting tbese 3na:yses and actions. 8, For PHA Plan that includes a pollcy for site based waiting lists: • The PHA reglJarly submits required data UJ HUD's 50058 pre/IMS Modulo ill an accurate, complete and timely manner (as specified in PIH ]\;otice 2006-24); • The system of site-based waitil1g: lists provides for full disdosure to each applicant in the selection ofthe development in which to reSIde, includll1g basic illformation about available sites; and an estimate of the period oftime the applicant would likely have to wait to be admitted to units of diftercnt sizes and types at each site; • Adoption of site-based waiting list would 110t violate nuy court order or settlement agreement or be inconsistent with 11 pending complaint brought by HUD; • The PI-U\. shall take reasonable measmcs to assure that such waiting list is consistent with affirmatively ftu1hel'ing fair housing; • TIle PHA.. provides for review of its s;te-based waiting ii<>t poJicy fn detennine jfit is consistent with civil rights lavl's and certifications, as specified in 24 ern pmt 903,7(cXl), 9. The FHA will comply with the prohibitions against discrimination on the basis of age pursuant in the Age Discrimination Act of 1975. 10. The Pl-L4. will comply with the Architectural Barriers Aclor 1968 and 24 CPR Part 41, Policies and Procedures fur the Enfor~emcnt of Standards and Requirements for Accessibility by the Physically Handicapped. 11. The PHA will mmply wIth the requirements af section 3 ofthe Housing alld Urban Development Act ofl968, Employment 0pPOliunltles for LOW..of Very~Low Income Persons, tUld with its implementing reguJation at 24 CPR Part 135, 12. The PHA will comply'\vith acquisition and relocation requirements ofthe Uniform ReJoeation Assistance and Real Ruperty Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable, Previous version Is obsoJete Page lof2 frnm !IUD-SOOn (41200&) ]3. The PHA will take ~tppropriitt~ affirmative action to award contracts to minority and womcn[~ hw,ine5s enterprises under 24 CFR 5.1 05(0). 14. The PHA will provide the responsible entity or HU1) any documentation lh.Di the respolliiihle entiLY or BUD needs to carry out. iLs revil"W tUlder the National Environmental Policy Act snd other related authorities in ac.oordance with 24 CFR Part 58 (rl' Pmi )0. respectively. 15. With rc,SpecL to public housing the PFL;\. wHl comply with Davis~Boc(Jn or HUD determined wage rate requiremen:s tinder Section J2 of the United SLates Housing Act of 1937 811d the Contrnct \\fork Hours and Safety Standards Act. 16. The PHA wtll keep records in accordance with 24 CFR 85,20 and iDdlilllte a.'1 effective audit to deteLmlne cOlIlpIian(e with program reqllirements. 17. The PIlt\. willcompiy with the Lead-Based Paint Poisoning Prevention ActJ the Residentiul Lead~Based Paint Hazard Reduction Act of 1992, and 24 CFRPort 35. 18. The PILI\ wilI ~omply with the polict,,::;, guidelines, and requirements ofOMD Circular No. A~87 (Cost Principk-s lor State. LOCDl and Indian Tribal GoveJ'nm Housing Authortty of Southeastern Utah UT014 PHA Nm11e PHA :;lumberlHA Code 5-YearPHAPlanforFiscal Yeats 20 -21J A.nnuaJ PHA Plan for Fiscal Years 20 - 20 1J:t'I'cby certiry tl:ml nil r:te inlbrn~'llion!ihltedher.::.in> as well as any infommLionpro... 1dcd in the jj.::c(llfljJarurnent here'Witll, 1~ cue ar".LillCCLllllie. W~mIing: IITID will prnSl;:A.le lhJstl claims andslatem.:::1s CnJ!victifrn tnrry result in cril11iJ1!l1 n.~d/cr d"'iL :)ep.altir.:S. ( L3 U.8.c. 1001, 1OlO, ~ tH2; 3 LU.S,c. 3729, 3802) NElJJle .-:fAulholl.'l1':d Official Ti", Chairman of the Board 0' Directors for Jerry McNeely The Housing Authority of Southeastem Ulah SicnatrJe - // / "~Y'.4'. ___ / PreviOllS version is obsok>te Page 2of2 fnrm HUI>·50077 (H008) Civil Rights Ce11ification V.S. Department of Houling and Urban Development O~'tlce ()fPublic and Indian Housing Expire, 41301Z011 Civil Rights Certifkation Annual Certifkntion and Board Resolution Acting on behalf a/fhe Board ofCotnmissiontr.~ ofthe Public Housing Agency (FHA) fisted belo-.v, as its Chairman Of' otJler authorized PHA official if there? is 110 Board of Commissioner, 1 approve the submis'lion ofthe Plan for the FHA of which this clocumel7t is.a part and makE the? following ce,.t1j7c~ltioi1 an.d agrC?ement with the Department ojHOlrsil1g and Urban D(;velopmen.f (HUD) in connection ',,,:fen th.e .f'uomis.\'iOli of the Plm1 and inlp[emenu~tion thereof: The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title IT of the Americans with Disabilities Act of 1')90, and will affumatively further fair housing. Housing Authority of Southeastern Utah UT014 PHAKame PHA XumherlHA Code i};:e:i,a;y· cx-rtify that all the intbcnatlon stilten nerci::1, as well fI..'i any illfonnai·i(;n·pr~~jdoc li:t (he a~c;:::Tl;)animcl1t herewith, :s t:Lle find ilCC\l!a,e" Wa:'n~ng, mID will ,osecat;;:, :u:se ciaims and ~tatmner.ls, Conviction w..a: :.~_~_~!)ti~ criminal audio:: ClyH ;Jcnalties. (18 U,S.C. 1001, 10 to, 1lI12; 3: U.S,C 3729, 3802) .------:------:Same of I\u~no:'i:l.:x~ Official : 'r~tle Chairman of the Board of Directors for Jerry McNeely i The Housing Authority of Southeastern Utah / _- /,' 4';?";J0 signaluf ~ i D_OlO___ ,:;:_A_~_r_;/r;_·~_'5 ______1 m 7: form HUD-50077-CR (1/2009) OMB Approval No. 2577-0226 Certification by State or Local U.S. Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan Expires 4/30/2011 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan I, ______the ______certify that the Five Year and Annual PHA Plan of the ______is consistent with the Consolidated Plan of ______prepared pursuant to 24 CFR Part 91. ______ Signed / Dated by Appropriate State or Local Official form HUD-50077-SL (1/2009) OMB Approval No. 2577-0226 AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: G Approving Citizen Request to Re-Open the Local Board of Equalization TITLE: Process for Primary Residential Exemption for 2012 Tax Year FISCAL IMPACT: $9,000.00 PRESENTER(S): RECOMMENDATION: Prepared By: I move to ______and authorize the Chair to sign all associated documents. KaLeigh Welch, Council Office Coordinator ATTACHMENT(S): (435) 259-1346 1. Request for Redetermination of County Board of Equalization Decision – Additional Information for Brian & Rachel Lambden, received April 2, 2013 2. Letter from Debbie Swasey, Grand County Assessor to Brian Lambden 3. Letter from Brian Lambden to Grand County Council FOR OFFICE USE ONLY: Attorney Review: N/A · . Before The Utah $tatfil TaX 99mmission 11 FAX ,elapru,n. no. n Commar.claP U V""""II""d o AgrlE:'UlturaliGroenbalt [J Personal properly (specify) ______ PrimBrY~-- -"'~ .-----,~~,------,~ .. ---'... ~-~.-,--- r::; Assessed YaiUe ~rig;bility for exemption • 0 Greer-belt OOlh", _ ..... __.... -;-______ If ~Il are conlCli'ling rr-e Q&S8SBtld value Il' lhe Pfcpertv, state )'OUr eSltmatD of va/uo AddlLJcnar InlcrMlIlfon Slalo r'hIr obj~clion to the eoara of EqLlalizalion dectsiotl (be Plflpal9 1 o.t.~ . L If Il~h?._ Submil thlE! form ditorfor comp[qllc". nus fOI!11 JTllJtrt uS Idod wllh Ihe CouOIy AudilOf' fttjlhlil 30 days arter U11'3 dale oJ Ihe Board 01 EqUi!riZa.non DQcision. , .' ,~_ .__ . _ ,. ,., ~u:l1Iklr; ~f!!~.~'!.,..r~'!h_a-,-~~~.~,!!!t ,~,~~"~~~"~.~_~~~~!.~~or~ bY_1he E!~ OljuaJim~':l__ ~.~ "'"_" ___ ._____ ,_ Dale of BOI: "earing jOriginaf assessed ...-aioe : Value dete;t1'TUned by 80£ ~f taxes ~e Attach. copy of !he iiOE dee/.I",. 10 IhlilOrm - -~-- -...•. ------"". --...... _-- . TVt!>! Rev_ '006 ~\"e ~?R ~ . e'l~~ ------_.... ----.... Request for Redetermination of County Board of Equalization Decision Additional Information for Brian and Rachel Lambden We have been visiting Moab for 25 years and purchased land more th an 5 years ago (Parcel #01- OPWH-0003). Originally the intent was to build our retirement home on our land but when 3507 Red Rock Dr became available we changed our minds and moved into this house. We purchased the house in July 2011. At that time we informed the assessor, Debbie Swasey, that we were selling our Denver home and this was now considered our primary residence. We have lived in the home over 180 days per year since then. When purchased, it was in significant disrepair and it has been undergoing major renovations since then. I have been the General Contractor coordinating the construction. We have completely redone the pool mechanical room, deck, solar heating system, HVAC system, sewage and mechanical systems and done extensive plumbing repair and landscaping. I have done most of the work myself and we have been living in it during the construction. I also have spent time in Colorado where I have been preparing our old home for sale. Occupationally, most of my work is consulting and done by computer so I can work anywhere. I believe Ms. Swasey did not have all the information in concluding that this was a 2nd home as opposed to our primary home which it is. Based on speaking with her, I understood that her decision was based on 3 pieces of information: I. Checking the water bill and finding no activity. I then informed her that the home has a well and does not require city water. It does however, have an active account with Grand Water and Sewer for sewer (acct #12.0012.02). This would be the same account for water so I am not sure how completely this was checked. It is unknown as to whether she is aware of active Questar Gas account (#0264997825) or active Rocky Mountain Power acct (#94808423-001-0). Both of those accounts have been open and active since Aug 2011. 2. She also told me that her decision was based on a conversation with the Building Inspector, Bill Hulse, who had been at the house on four occasions and did not see me there. I don't know where we were, but not being home doesn't mean we don't live there. She told me that Mr. Hulse told her that one of my contractors had never seen me there. When I asked Mr. Hulse about this, he said he did not tell her that. 3. Ms. Swasey also reported that the fact that we own several houses in different states affected her decision. The houses she is referring to are all 100% full time rental investment properties. One is an office building. We have never lived in any of them. In summary, we believe that 3507 Red Rock Dr. is our primary residence. We live and work there, our furniture and household items are there. I do have a Utah drivers license, a local bank account at Zion and both my vehicle and trailer are registered in Utah. I have a Grand County library card and am on file at Sargent Peppers Music and Video and City Market. Most importantly to us, is that this is America and we are allowed to live anywhere that we choose, and we have chosen Moab. It appears to us that Ms Swasey had inaccurate information and at times fabricated information to arrive at her denial . for the residential exemption. Brian and Rachel Lambden Dear Mr. Lambden, I received your message dated 3-29-2013 from my Chief Deputy Marcy Babcock questioning a response to your letter that was dated 11-14-12.I did not receive that letter so I contacted the COlmty Clerk's office and we were able to locate the letter, but because it was received after the deadline of September 15 2012 which is the last day to appeal the 2012 Board of Equalizations decision it was too late to forward to the State Tax Cormnission for an appeal, so you will now have to present a request to the Gra~d County Council asking them to re-open the Board of Equalization to heaI- yom- appeal. You 1lk"-y do so by contacting them in writing and they will have your request put onto the agenda of the Cotmty Council's regularly scheduled meetings. They will then make a decision and contact you in writing as to their decision. You can submit your request to: Grand County Council 125 E. Center Street Hoab, Utah 84532 On another note, our office visited. your property on MaI-ch 20, 2013 and was unable to speak with you or anyone at the house.We need to know the percentage of' completion on your building permit #7313 for a pool cover/deck as of January 1, 2013 and would like to schedule a time to access the propeI-ty for review. My staff spoke with the building depaI-tment and they did not know the prcgress but.• cthought only the concI-ete was done. Please contact my office if you have any other questions or concerns_~ Debbie Swasey Grand COQ~ty Assessor [email protected] 435-259-1329 B""f"~ t...4 ... fa~ ... 7/?, /13 1 ~.. ., Rted /I..cf<. p~ /1.4. !:. /' UT $''1 ~J'<" -4:s f"r 7~. Ie 'IJ~,. -r,...... DI! [",~ SW""'s-P),, Could '!"V f/~ .. ".., $'7.. ,.1' -n, .. Iror:;r<::J,''1'Js To. r(! ·of"''' 1'1.<' 8" .. ,.d a~ f:',lw,I,·" ..:'1/ .... .(;..,. QUI' ""/',0 ..... ' "'I f( 1-{' '1bU 4.. ..,.. ""', ~ ..... !!o,.I""~ /,'''''''- .::- .. fI J"'r'" .:. .. """., Cf!"',';ti sal- 8'70. ''')l... • AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2012 Agenda Item: H TITLE: Approving Declaration of Proposed County Surplus Property (Non- Vehicular) FISCAL IMPACT: PRESENTER(S): Marvin Day, Facilities Supervisor RECOMMENDATION: Prepared By: I move to approve declare of the proposed County property (non-vehicular) as surplus and authorize the Chair to sign all associated documents. Ruth Dillon Council Administrator BACKGROUND: (435) 259-1347 The Auction will take place on Saturday, August 3rd, 2013 at 9:00 AM at 125 East Center Street in the back parking lot in the “bus barn” doors, near EMS and Maintenance Offices. County surplus property is being auctioned to dispose of items no longer in use or considered non-useable by the County. A list of all items was FOR OFFICE USE ONLY: distributed to County staff to provide each department the opportunity to Attorney Review: claim items their department may need before they are declared as surplus. The County auctions are generally held annually, on a Saturday, with the N/A Facilities Supervisor and Clerk/Auditor’s Office overseeing the sale and collection of payment. Vehicles will be declared as surplus at an approaching Council meeting, for online auction. ATTACHMENT(S): 1. Proposed County Surplus Property (non-vehicular) 2013 Auction List 1 Small two drawer file cabnet/gray 96Sh002 1----2--- !Wlndows 36XSSx6------'------6 3 ~~s~~~4~: 1 __ 4 -sc'-'ha-"r'-'p"-c:.:po-p:.::y'-'m=a-'-ch"'i-'-ne=---'------I------+gU6uSbl-8-4------= ------5 !Red office chair x2 -i------ _.:.6_-+1 R,--o:.:I-,-lin",g,-c::co=--m,-,_p~u~t:.:e_,--f_ "'-d_e~s~k~~~~~~-=-_-_- ____- __-_l·f-_-_-_-_-_-_-_-_~-_-u-_u ______------_-______-~~ ------, _ ~ li?;;~~n:~_so_~4_k_t--,ap,--e__:_s-:--:------e_• ______---t=-- ______-_-- ____ _ ___ _-_--_-----_- ___ 1---=~:c::.O------+t_:!~~::.:.-11 Glass~'_'~"::vM0s~::~cC'n=~a-'-~:.'-~-=s Jisplay caseb:.:.~_=_~c:::d:::eec;_t:=::d_=S---::---:-:-:---u-- wood 3S x S4 -u---==~I====------f------~------=--u---_jl------u---======--I I 12 I. C=-h::':a:=-ir'::'::'c:.:.:c'--.::.:=-=--=::.::..::..:::..:,-=--,---_-_-_-_-: ___- __ _-_-_- 2-_1-_1__-hO- ______1------=:13c--t: tp-h-"=ot-'-O-(,--f-ra-m- __-e,--b-il!--,Il...-o-r-n-s-~-e-Jl-_-_ -_- __ --+----~-~~-_-_-_-_-______~-_-~+t__ 0-2_---~--~~--~~--~~--~~--_------+:------~~~~~~------~Ii ___ - ______1-_~14__ iType writer Smith corona w( ribbon r ~~ 1~:~~;-~-:-h:-::-<-~-ap-n:-:-ly-S-_-_ - __ ===-__- __ --_-_-_.~ ••• -~-~~-_-__-_-_-_~~~~_- __-_ - __- '_--_-_-_------~ -I =-=--.-.-~--~=~=~=~=~=~=~=~=~=~~~~~~___~_-_~_-_=------I 18 TV st.nd ------19 1 brown desk 20 Printer black 272b022 ------Desk long wooden w( drwaers 96Sb173 1965b173 Medal desk 23 Copy cSSOO 1---:2,--4_-+-:F-=u",se",r--,u-;-n::.:.it new printer ______r-Sb_17'-'3'------_____ ------Ir----- ______--j ~-~C~=-7-~~-~~~:-t:::~::--:-e::.:~-:--'"-:-n-'-~:i~~~-s:.:~~~X---2------~~----_-_-___-_---_--_-_-_=---______r ------_-___ ~------1 ------[------1 ------[!------ :~~~---~~---- :~~F::t.:::::::~::.:s:.:::::e-lr~-n------n-m~n~-----.-.~-----~------~I-..--~~--=~-----~~~~~~~~~~~~-_---_---_---_--_~1~------~--~-----~~= _------_-_-=------1 --3-1--ITlrn~-;mJS wi time clock I ~-~!l~:;;:~h~~:ir~ _____-_----______--_- _--_--_-_-_-_-_-__--_---_-- --+-1iu-----~~~~~~~~~~------=--=------=------t-I-._~-~------_=-___--_---_ ----~- ~_---~~_-_-_---_-_ = 2013 Auction List 35 two red chairs -.~- 35 +prother type writer f----- i 37 ! printer! white Igray r-~ 38 !Medal ~ .hi, i w flock nuts 4 bxs i ~ --- ~~------39 ~ itwo b:Jxes vinel flooring --~ ~~~~ ~ 1- 40 jlgphctl> of canyon lands national --~.- • -,,-~~--~ ~ - 41 [sealing machine /w cover ~ ~ 14"2-j213 irs • .~~~~~ H=a .1 45 Five screens 47 camcord new used one time WI COl' a!>"" 48 Dvd - .~ ~ 49 ,',,'" scan wi stand x2 50 . jUght bag •• ----- ...... ~ 51 IChair l11t11002 ~ ~~~ .~~ ~~ - 52 IlgT.V RCA 4 nA~ ... o':: ~~-~ 53 IMo"hHro, II:: ~ ma id trash ca n holder 54 .- 55 HP laser Jet @500 1~1 11'1011 55 hi pro "', ". : pads Big BX 57_ ~.P desk f>rlnter Xl '111MAA ~ . '1<;711; 1 69 !Yellow Trekl blue front Forks I SNII C90B439S 70 TBCK Canondale· ····~····SNIi 11280 Sk5tm! killee. Soo ,-.....c7..:1_·_··_~.c.!1~1-c-4-c4_5.!-/",p ... u-,rp",l:-e_c_hi_ld_s_s_m,-u_rf ______,J.f1197884680 S Ca072 72 :Child~ blueS_c_h_w_in ------_if- ... ____.___ 1]·592 SN CA 072SJD ------73 i Blac.vGreen Mongoose SN# SNCAB04F392S1 '?~~h;t;r;;k3700·· ..... -- .. ... --.... ---···'SN#wtu331c2682d Irear rim destroyeci------...... ------75 ..... < Blue /Silver Next/power climber, . .J11/9/09 SN b8347277 ... ~~~. ~~ 76 ,Purple Quest Elevation ...... f-i_____ ..... _.. iSNliH020813456 1---=7""7-'·· ired trex VRX 200/vellow front for'lts! --Jcase num none 4/21/09 SN none --_.. _ ... 1----:7"'B··· 'Blue schwinn old style·-·--·· . ,'" 'SN# none 1---'7:::'9- ·······r.::BI:"u.:::.e.:CC'h.:.:e.:.:et.:.:a7-h-:Ec'Jj'-m7In"-a:.::t-o-r------+------.... ISN# 83 S5244 75 -" ...... "------i 80 ,Blue "ext Powe' ~ d526 Case II 07·244 5N LWEJOI0279 ...... ---i------..-. j --t------...... --.. -al BLUE BAG ,2004-137 _.. . .. -_.. '-"-''------..._- ....._._- 82 •BLACK CAMERA BAG ------198-0873 83 BLUE AND WHITE COOLER j200-353 I 84 iBlue and White Jug "-1-_~··_····_~~----r~QQ:3~3~2~======- __·_·····.::·9···§:··0:.:s.J.cof .... ·.· ..- .._ ...... _.-==-____ 85 _ J.~~ue_ white duf!le_~~~; .. ~ ; .. ~ ._~ -ishovel wi w:;..h:.;:i.:.:te:.ch.::.:a"'n"'d"'el'--__··_·===·_·· .... TI _____ .. -],1·2200.~o1ID.. :• .::136S:.;!:------1·I, .... _ .. ~ lBlue Cooler ~ ---1------r-_.B:::B._.IJHP Black Back pack+ case .. ---[_____ i-~-... I--'~~ ~s.clf!erent sl.les wjr.,oses... __ ..1 ______930975...... __ 90 ' i--.. 1 llirefcase - . t '-r 91 u:-=t_t_er_bc-;a_5_k~e~t~:.:..~__ .. _____ -_-_-=- .._}__.- _--~~~~~_. ~--~'=-...:-::"c:c'-=-~=' _...~~~_-_- ___- __93-0-:9-7-5.,.~- ..-. __ -~==~==~==~==~~- ..~ .._ ..-.=--~_.--=-_==-_=~_:..- 2003-411 2203678' 2006-680 ...... _---.., =-:-'==------..t.:.:.::=.. :jEri~j:.::~::-~6::------+------+!2001-0500 ------:..::..:.:::.::.:=:.:::..:..::.:..:c:::;..=------E _____ .... _J_~;;~:B ..... --_ ...... -.-._--.-...... ------i2007.753 2013 Au~tion List r-'_0~~::C3J~~~~ ::! Video Games ... -~·+I---..··-_======.~=~=.-o_24='~~~=1_4 __-_ -_ -_ -~.-...-._-.- ..- ...- ..- ...- ..- ...i- ..-:_~ ..... ------...... ... l~ ... i)(~ra LG + Med Suit cases Black gray I .____ ._ i .. ~:-::-:~ __.... __.. ___.+. ____.. . --_.----...---- 106 . ~jng --~C------... 1200S·0005 ""."_..,, .---. ._-_.. __1_0_7 .... !Green Coimen Latem "98·0901 --'--'" ------~--" .-. 108 lvamaha Keyboard ...... ~ ...i.~-----··==:::. )00.918 ------. ".- 109 ..lB:lue 5 Gallon water container .. I .. _.. ______... +98:~09~Ol ______.... , ...... _~ ... ______1 110 •. P.I.a. §tIc ~ntainer,scanner, Flash lig.ht. I l... .L ___ ...... __ ... r-'i-iF i~~~~:I,:~~;~: ~~~:~~~ve loC.k~utk-it- ..r==- .... ~·-...... - ... 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'sIn 295658 !countv#256 @ EOC AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: I TITLE: Approving Proposed Resolution for Puesta del Sol Planned Unit Development (PUD) Phase VII Final Plat, Located off Westwater Drive FISCAL IMPACT: none PRESENTER(S): Mary Hofhine, Community Development Coordinator Prepared By: RECOMMENDATION: Move to approve proposed Resolution for Puesta del Sol PUD Phase VII Final Community Plat as presented and authorize the Chair to sign all associated documents Development Department BACKGROUND: See attached staff report FOR OFFICE REVIEW ATTACHMENT(S): ONLY: Staff Report Attorney Review: Final Plat Draft Resolution Utility letters of approval N/A Horrocks Engineer’s Letter of approval STAFF REPORT MEETING DATE: July 16, 2013 TO: Grand County Council FROM: Planning Staff SUBJECT: Puesta del Sol PUD Phase VII Final Plat ______RECOMMENDED MOTION Suggested Motion Move to approve Puesta del Sol PUD Phase VII Final Plat as submitted and sign all associated documents. PLANNING COMMISSION RECOMMENDATION The Grand County Planning Commission reviewed the Puesta del Sol PUD Phase VII Final Plat, on June 12, 2013 and recommended approval without conditions. BACKGROUND Introduction - Ronald and Joyce Robertson (Applicants) have submitted a request for final plat approval for Puesta Del Sol PUD. The phase VII property consists of approximately 1.33 acres, phases I through VI have previously been approved and recorded. The property is zoned Small Lot Residential (SLR), Planned Unit Development (PUD). Figure 1: Puesta del Sol PUD, Aerial Photo PUESTA DEL SOL PUD PHASE VII FINAL PLAT JULY 16, 2013 PRELIMINARY PLAT On July 2, 2013 the County re-approved the preliminary plat for Puesta del Sol PUD due to the lapse of the 2011 preliminary plat. Puesta del Sol PUD Subdivision consists of 43.3 acres, 45 single family dwelling units ranging from 9,200 square feet to approximately 3 acres per lot, previous approvals consists of the following: o Phase I – 8 units townhomes, in 1996 o Phase II – 7 single family lots, in 1999 o Phase III – 4 single family large lots, in 2000 o Phase IV – 3 single family lots, in 2003 o Phase V – 13.60 acres of open space, 1.19 acres for the drainage basin 12.51 acres deeded to the City of Moab for the protection of the city well on the property, in 2004 o Phase VI – 3 single family lots. In 2011. There are approximately 5.17 acres for future phases. Construction of infrastructure All required improvements have been reviewed, approved, and constructed no bonding or Subdivision Improvements Agreement will be required at this phase. County Engineer has approved and inspected all required infrastructure at the last final approval in 2011. • Streets and Sidewalks – Camino del Carnero and Salida del Sol are already constructed with County approval for roads and sidewalks. • Drainage – Storm water detention was reviewed, approved, and constructed as part of phase V, (see attached letter from County Engineer). • Easements – Ten foot utility easements have been provided and will be recorded on the final plat. • Water and Sewer –Water and sewer lines are in place and have been accepted by Grand Water and Sewer Service (see attached warranty acceptance letter). Homeowners’ Association A Homeowners’ Association has been established for the maintenance of roads, drainage, and open space. An addendum to the Covenants, Conditions, and Restrictions for the addition of this phase will be filed as part of final recordation. Submittals Applicant provided staff with all required submittals including the title report, letters from utilities, and fee. PAGE 2 SURVEYOR'S CERTIFICATE I. llMOlHY II. KEOOi. DO HEREBY CERllFY lHAT I All A REGISTERED UTAH LAND SURVEYOR. AND lHAT I HOlD CERllFiCATE NO. 171004 AS PRESCRIBED UNDER lHE LAWS Of' lHE STATE Of' UTAH. AND I FURlHER A FINAL PLAT OF CERllFY lHAT UNDER AUlHORITY Of' lHE O'IItIERS. I HAVE MADE A SURVEY Of' lHE TRACT Of' LAND SHOlWI ON lHlS PI..A T AND DESCRIBED BELOW. AND HAVE SUBDMDED SAID TRACT Of' LAND INTO LOTS AND STREETs, HERE PlLJESTA DEL SOL, P JE-3[ASE VII AFTER TO BE KNO'IItI AS PUESJA!lEI. sa. PHASE \/II AND THAT SAllE HAS BEEN CORRECllY SURVE'lm AND STAKED ON lHE A PLANNED UNIT DEVELOPMENT WITHIN THE SE 1/4 SECllON 15, T 26 S, R 22 E, SLM, GRAND COUNTY, UTAH GROUND AS SHOlWI ON lHlS PLAT. BOUNDARY DESCRIPTION DESCRlP110N Of' A PARCEL Of' LAND IN lHE SEI/4 SECllON 15, T 28 S. R 22 Eo SlM. GRAND COUNTY. UTAH. MORE PARllCULARLY DESCRIBED AS FOUOWS: BEGINNING AT lHE SW CORNER Of' LOT 1. BLOCK II Of' PUESTA !lEI. sa.. PHASE IV. SAID CORNER BEARS S IIII'OT21"E 10119.82 FT. FROM lHE CENTER " CORNER OF SECllON 15, T 211 S. R 22 E. SlM AND PROCEEDING lHENCE EAST 128.00 FT. TO A CORNER. lHENCE N 55'3'00"E 48.13 FT. TO A CORNER. lHENCE S JO'3J'27"E 251.93 FT. TO A CORNER lHENCE S 2O"14'27"W 88.113 FT. TO A CORNER, lHENCE S 511"45'25'W 100.00 FT. TO WITNESS CORNER TO lHE A CORNER, lHENCE N 3O'57'111"W 75.85 FT. TO A CORNER. lHENCE ALONG CEN1ER 1/4 CORNER SECllON EAST 1/4 CORNER SECllON 15, T 28 S. R 22 E, SUI BASIS Of' BEARING lHE ARC Of' A 13.00 FT. RADIUS CURVE TO lHE RIGHT 18.44 FT. (SAID CURVE 15, T 28 S. R 22 Eo SUI HAS A OiORD WHIOi BEARS N 05'II'07"E 15.311 FT.) TO A CORNER. SB8"4TOo"E lHENCE ALONG lHE ARC Of' A 50.00 FT. RADIUS CURVE TO lHE LEFT 178.82 CENTER. UNE FT. (SAID CURVE HAS A OiORD WHIOi BEARS N 59'49'OII"W 118.011 FT.) TO A CORNER, lHENCE N 118"44'04" 59.43 FT. TO A CORNER, lHENCE N 00'08'00"E 173.7S FT. TO lHE POINT OF BEGINNING AND CONTAINING 1.33 ACRES. MORE OR L£S5. BEARINGS ARE BASED ON lHE CEN1ER *UNE (1IE1'I\EEN lHE CEN1ER * AND lHE W.C. EAST *-S B!r4TOO"E). SINIU FAIILY I'll_USE RE!IIDOI1IAL SW CORNER LOT 1 PlBTA DEL sa. PHASE IV. PONT aF IIEGIIINQ LEGEND U!iE!I NOIIIIAU.Y ASSOCIAlED ~USE II1H ,.., AIlCESSORY 11) lItE PERllmED USE rouND BRASS eN> MONUMENT ESTABUSHED EAST 128.00' BY TEXAS GUlf SULfUR (11182) r llM01HY M. KEOGH IaVIZ. U3 AIJID AU. CURVE POINTs, ANGLE POINT. AND LOT CORNERS MONUMENTED WllH A 5;g' REBAR WI1H PLASllC eN> N_aFLIIIlS I 3 I "MiL'll LOT SIZE 14,702 sa. n. illS PHASE I 5 265M so. FT. UUlINQ IEIGHT 35 n. OWNERS DEDICATION ~o KNOW AU. MEN BY lHESE PRESENTS lHAT _. lHE UNDERSIGNED O'IItIER( ) Of' lHE ABOVE DESalIBED TRACT Of' LAND. HA\1NG CAUSED PMdlQ CEr S1JIEET 2 PER UNIT ~ ~ : SAllE TO BE SUBDMDED INTO LOTS AND STREETS HEREAFTER TO BE KNO'IItI AS lHE fRONT 2tI I ~ I 21UOCS LD1! 7 a g REAR 15' SIlE 10' z I P'{J'ESTA DEL SOL FRONT 2tI 21UOCS LOT 5 _15' I SIDE 10' P:H:ASE VII tBT SIlE 2tI (AS !iIICMI) DO HEREBY DEDICATE FOR PERPETUAL USE Of' lHE PUBUC AU. PARCELS Of' LAND AND AU. U11UTY EASEMENTS AS INTENDED FOR PUBUC USE. IN WITNESS WHEREOf' __ HAVE HEREUNTO SET ___ lHlS __ DAY Of' __ A.D.. 20__ _ sr_ NIJ1ES JOYCE ROBERTSON. PRESIDENT ROBERTSON DEVELOPNENT INC. 1110 0In.-(.~ ~.~ and ... tho ~o) of tho Plannod ~. -.-.I =:tho~~~' th• .....-..--._and ... _ 1. 1110 p~, _r "all bo __ lor tho malnlon_ of .. -z. __ =::_~= c:r'J. =-rm-::m~=.:, t..::lJ ~~ ACKNOWLEDGMENT e ='~::=--~~ID:::::::::..::::'...!t STATEOf' UTAH If the ~ en nat ...... , m ...... the Caurrtr ma), prcNde the ---..,=:"_ rnc*t COUNTY Of' ___ S.s. t.nanoI end _ the ooeta to the 0IIII.. of the prapert,. ON lHE __ DAY Of' .... 0 .• 2O...-PERSONALLY 2. ::'pI~.. OIft~~:;::aan..; =-~== :-,.::=:o..~' APPEARED BEFORE ME. lHE UNDERSIGNED NOTARY PUBUC. IN AND FOR ma""'cn_ of the GOnWnGi CIpIft IIPOG& lHE COUNTY Of' ___ IN SAID STATE Of' UTAH. lHE SlGNER() Of' lHE ABOVE OlWIERS DElliCAllON, __ IN NUMBER, WHO DULY Aa I PREPARED BY GRAPlDC SCALE KKOCH LAND SU/?VKYINC ~• ..r .M i i i T -15 EAST CENlE'H STREET ( mrar) NOAB, UTAH tU5J2 CURVE TABLE 1 IDaII. - 110 It. ~ CURVE RADIUS LENGlH DELTA AN OiORD BEARING CHORD 13 DATE: .&.lIE e, 2013 14 N 2'38"W 78.75' OiECKED BY: Me 15 0RA'IItI BY: Me III COUNTY ENGINEERS APPROVAL COUNTY COUNCIL APPROVAL COUNTY RECORDER NO. APPROVED lHlS __ DAY Of' ___ • 20 _ BY lHE PRESENTED TO lHE STATE Of' UTAH. CO. Of'___ • RECORDED AT lHE REQUEST Of' GRAND COUNTY ENGINEER Of' RECORD. lHlS __DAY Of' -====::-. A:A.:iiD:-. 2i2OL=:-. -SUSiiiiBiiiDliV\1iSiCSiON APPROVED. DATE __ liME ___ BOOI< __ PAGE __ FEE ___ ATTEST COU="'NTY:::-Q.ER=-::=K""--- CHAIRMAN. GRAND COUNTY COUNCL COUNTY RECORDER DRAFT RESOLUTION OF THE GRAND COUNTY COUNCIL APPROVING PUESTA DEL SOL PUD FINAL PLAT, PHASE VII Resolution ______2013 WHEREAS, Ron & Joyce Robertson, Robertson Development, (Applicants) submitted an application for Puesta del Sol PUD Final Plat, Phase VII, WHEREAS, the subject property is zoned, Small Lot Residential PUD, (SLR PUD). Phase VII includes a total of three (3) single family lots on 1.33 acres; WHEREAS, the Grand County Council granted Preliminary Plat approval to the Puesta del Sol PUD, following a public hearing in 1996; and approved an amendment to the Preliminary Plat on September 5, 2000; additional amendment to the Preliminary Plat on August 21, 2007; November 15th 2011; and July 2, 2013, WHEREAS, all required improvements have been constructed and approved through prior plat approvals by all agencies as follows: • Streets and Sidewalks – Comino del Carnero is an approved County Road with sidewalks, • Drainage – Storm water detention is approved and constructed, • Easements – utility easements are provided and approved by the utilities, • Fire Department – The Fire Chief has approved the hydrant locations, street layout, and accepted the plat. • Water and Sewer – Water and sewer lines are in place and accepted for use by Grand Water and Sewer Agency. WHEREAS, the Home Owners Association will be responsible for the maintenance of the drainage improvements and other common areas; WHEREAS, the Grand County Planning Commission reviewed Puesta del Sol PUD Final Plat, Phase VII, as a combined Preliminary and Final Plat review on June 12, 2013 and recommended approval without condition; WHEREAS, the Grand County Council has considered all evidence and testimony presented with respect to the subject final plat. NOW, THEREFORE, BE RESOLVED by the Grand County Council that it does hereby approve Puesta del Sol PUD Final Plat, Phase VII. PASSED, ADOPTED, AND APPROVED by Grand County Council in a regular public meeting on July 16, 2013 by the following vote: Those voting aye: ______ Those voting nay: ______ Those absent: ______ ATTEST: GRAND COUNTY COUNCIL ______Diana Carroll, Clerk\Auditor Gene Ciarus, Chair Grand Water & sewer Service Agency 3025 E Spanish Trail Rd • PO BOx 1046 • Moab. Ulah 84532 435-259-8121. 435· 259· 8122 fax Mruk SQyjn~ MEMORANQYM 0'ffiA'TNJ cx:tvMnEE DDn Pyull (Preslden!) Gery Wilson (V P(esfdenl) TO: Mary Hofhine Brian Backus Mike Holyoak FROM: Mark Sovine Pal Holyoak Rex Tanner Dale WeISS SUBJECT: Phase VII Puesta Del Sol FORMING BOARDS: DATE: 5/21/2013 SVW&SID cc: Joyce Robertson Gary Wilson (Ch.) TOm Slengel (V en.) Leon Behunin (Treas.j Mike Holyoak (ClerkJ Dale Weiss This memo is to certify that water and sewer services are avaitable to Phase GCWCD VII of the Puesta Del Sol subdivision. The Agency does not have any Dan Pya!! (Ch.) conditions associated with this subdivision. Jerry McNeely (V.Ch) Brian Backus PresIOn Paxman Sincerely, Rex Tanner GCSSWD Gary WIlSon (Ch.) ;JikJ L Kyle Bailey Mike Holyoak Pal Holyoak Mark Sovine Tom slengel Moab VaMey Fire ProtectionDistrict 45 South 100 East, Moab, Utah 84532 Phone: 435-259-5557 Fax: 435-259-5710 mfd [email protected] www.moabfiredepartment.com CQmmll!lloners " Chief, Westey "GPrkY" Brewer Chairman: William H. Nelson Assistant Chief: Monte Curtis CommIssIoner: Emie Usonbee Secretary I Treasurer: Commissioner: Tom Shellenberger Peggy Taylor To who it may concern; Puesta del Sol is in the Moab Valley Fire Protection District and is served by us. It has hydrants and good access. Corky Brewer / Chief Moab Valley Fire Protection District 320 N. IO{) W. Moab, Utah B4Sn Moab City Planning & Zoning Grond CounTY Planning & Lonl ng April 23, 201 3 Attn: whom it may concern Request # Based on the request from "Joyce Robertson", Rocky Mountain Power is providing a letter stating our intent to provide permanent or temporary electrical service. We will not need a copy of proposed site plan (approved preliminary site plan @ this time) to know if all right of ways and or easements will work, before pawer can be served to customer, Customer to record all utility easement where new power lines will be located, or are already located, to feed existing & new locations, This is needed to know if all right of ways and or easements will work, before power can be served at "off Westwater Drive, Spanish Valley" located in Moab, Utah, It is our intent to serve this new site called, The "Phase VII of Puesta del Sol" with electrical power, Before prOViding power, all existing power lines are to be located at developers expense and be recorded on final site plan, with noted 10' to 30' utility easements. Preliminary utilities have been reviewed and are approved. In the process of providing power to this project. any line extensions required will be done in accordance with our current regulations and line extension policy, As part of the line extension policy the customer will be required to prOVide all advance payments for line extensions, easements and approved plats for this development prior to lines being installed, If you have any questions or concerns please e-mail or call @ 259-3232 or 259-3210 5ince~ I:w~ Estimator, Moab Office Memo To: Planning Deparbnent From: Bill Jackson Date: November 10, 2011 ReI Puesta Del Sol I have Inspected and approve the streets and signage pertaining to Puesta Del Sol. Bill Jackson Grand County, Road Supervisor Comments; ---- _ ...... _-_._--_ .. ------_._._------.. 2162 WeSI Grove Parkway HORROCKS rei: 601.763.5100 Suil. #400 Sail Lake line: 532. 1545 Pleasanl Grove , Ulah 64062 ---11011 -- Fax: 801.763.5101 www .horrocks.com ENGJNEERS In slale 101l1ree: 800.662.1644 June 10, 2013 Mary Hofhine, Development Coordinator Grand County 125 E Center Moab, Utah 84532 Subject: Puestal Del Sol VII Dear Mary: I have re viewed the plat you sent me for Puesta Del Sol, and found it to be acceptable. Plea se contact me if you have questions or need more information. Sincerely, HORROCKS ENGINEERS ~O~ Cha rles A Skewes, P.E. cc: File O:\!20 J 3\PG-008 -1 301 Grand County Gen Eng: 20 13\20 13 Genera J\OeveJopm en l\Pnesta Del So l Vl1\ApprovlIl.doc 2162 Wesl Grove Parkway Tel: 801.763.5100 Suite #400 HORROCKS Sail lake line: 532.1545 Pleasanl Grove, Ulah 84062 ---8'8 --- Fax: 801.763.5101 'iNM.hwocks.com ENGINEERS In slale toll Iree: 800.662.1644 -8eptefflber-25; :204'1- Mrs. Mary Hofhine, Development Coordinator . Grand County 125 E. Center Moab, Utah 84532 Subject: Puesta del Sol-Phase 5 Detention-Phase 6 Improvements Dear Mary On September 22, 2011 I made a site visit to determine the status of improvements in the Puesta del Sol Phase 5 detention basin and Phase 6 surface and utility improvements. These improvements had been accepted as of January 14, 2009 and the 2 year warranty period started as of that date. During my visit I noted that the inlet pipe to the detention pond box was almost totally covered with silt, and that street signs were needed at the intersections of Salida del Sol with Westwater Drive and at Salida del Sol with Camino del Carnero. When these deficiencies are corrected, the warranty bond can be released. Please contact me if you have questions or need more information. Sincerely, HORROCKS ENGINEERS Charles A Skewes, P.E. Cc: File C:\Oocunlents and Seltings\Mary\Local Scllings\TempoJ AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: J TITLE: Approving Discretionary Funds in Support of Employee Training on Human Behavior: Dealing with Difficult People $3,050 max contribution based on RSVP count (as of July 13th); ISCAL MPACT: F I within budget PRESENTER(S): Ruth Dillon, Council Administrator RECOMMENDATION: Prepared By: I move to approve up to $3,050 in budgeted Discretionary Funds to support employee training on “Human Behavior: Dealing with Difficult People.” Ruth Dillon Council Administrator BACKGROUND: (435) 259-1347 Following the April management conference at Utah Association of Counties (UAC) in which the trainer presented, the Housing Authority Board Chair invited Grand County to share in training and travel costs for the benefit of both organizations. Training dates were arranged based on when the Housing Authority FOR OFFICE USE ONLY: Board and staff could participate at 100% and based on the Attorney Review: trainer’s availability. During a Leadership meeting it was recommended to offer the training to non-county employees to help share in costs. N/A The attached spreadsheet enumerates RSVP counts, as of July th 13 , for county employees as well as invited non-county employees at $25 per attendee, and the resulting balance. (The requested RSVP deadline is July 14th). Several department heads have provided their written support for the training based on perceived benefits for their department and/or to the county (attached). Two Department Heads offered to contribute budgeted training dollars to other county budgets to assist in having countywide training without relying on Discretionary Funds, although following through on these offers would seem to be a last resort. Additional county and non-county RSVPs are expected, thus reducing the requested amount of Discretionary Funds. Training Benefits: When applied, the training will aid in directly diffusing volatile situations while supporting employees to be their level best in the “face” of a difficult person. A low per-employee investment in the training could potentially prevent costly legal defense. ATTACHMENT(S): 1. Summary worksheet based on RSVP count as of July 13th 2. Department Head written support for the training Request for Discretionary Funds in Support of Employee Training Human Behavior: Dealing with Difficult People July 17‐19, 2013 (based on RSVP Count as of July 13, 2013) Trainer’s Fee plus County Share of Travel Costs* $ 5,625 Plus Rental of Moab Valley Inn Conference Room $ 0 Less Contribution from County Department Budgets at $25 per RSVP ‐$ 1,450 (58 RSVPs) Less Contribution from Non‐County Employees at $25 per RSVP ‐$ 1,125 (45 RSVPs) Balance: Requested Maximum Contribution from Discretionary Funds $ 3,050 Discretionary Funds 2013 Balance $20,000 2013 Uses of Discretionary Funds ‐$ 0 Less Maximum Contribution in Support of Employee Training ‐$ 3,050 Balance: Discretionary Funds after Employee Training for Remainder of 2013 $16,950 *Travel costs shared with Housing Authority of Southeastern Utah as Co‐Host Human Behavior: Dealing with Difficult People July 17-19, 2013 The Grand County Public Library averages 500 walk-ins per day. If even one of those is a “difficult” person, it places an undue burden on an already stressed staff. As the Director, I have taken advantage of any training I can find for my staff on dealing with difficult people. Due to budget constraints, the majority of those are on-line. While webinars are vital, nothing replaces a person-to-person training. The content of this training is exactly what any County employee dealing with the public needs. Personally, I can’t think of a better match for the public library employees. – Library Director My staff often have to deal with clients who object to paying fees, being restricted from areas or having to clean up their own mess while using the facility, and have to maintain their composure while explaining the reasoning behind our rules. Comments are sometimes sexist and demeaning and have a lasting effect on staff ability to deal with similar subsequent issues. While there are few people in this category, it places a lot of stress on the staff during and after confrontations and having training will assist in dealing with this. – Old Spanish Trail Arena Manager Per your request for expectations of the upcoming “ Dealing With Difficult People” training, It has occurred to me, that the benefits of such a training can help in one’s personal life as well as one’s career. Everyone comes into contact with many others on a daily basis. My expectations of this training is to give the participates the tools to better communicate with the very diverse people we come in contact with. I am hopeful that when applying these tools we will be able to continue to serve our community, as change comes, at the same level of high quality services that the Grand County employees strive to provide. – Roads Supervisor I think this class should benefit Sand Flats staff, the county and Sand Flats visitors. Sand Flats’ small staff has to work successfully together to manage 9,000 acres including 40 miles of trails, 120 campsites and over 100,000 annual visitors. Sand Flats regularly works with other county departments and multiple agencies including the BLM, State Institutional Trusts Lands Administration and Utah State Parks and Recreation. I support this training and believe that it will help Sand Flats staff work more effectively together and with other entities and provide improved customer service for our visitors. – Sand Flats Recreation Area Program Manager AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: K TITLE: Ratifying Chair’s Signature on 2013 Contract and Approving One-Year Renewal of Contractor’s Agreement for July 4, 2014 Fireworks Display $17,000 assuming inclusion in 2014 budget (typically shared with Moab FISCAL IMPACT: City and the Grand County Recreation Special Service District at $5,000 each) PRESENTER(S): Ruth Dillon, Council Administrator RECOMMENDATION: Prepared By: I move to ratify the Chair’s signature on the Contractor’s Agreement for the July 4, 2013 Fireworks Display. Ruth Dillon Council Administrator BACKGROUND: (435) 259-1347 The 2013 Contractor’s Agreement states in section 5 “The County reserves the right to extend this contract in additional one-year increments based upon County/Council Office staff assessment as well as successful performance in fulfilling this contract, unless contract is otherwise terminated. To effect an extension of this agreement, the County must provide written notice to Firestorm Pyrotechnics, Inc. no later than 30 days after completion of the FOR OFFICE USE ONLY: fireworks show, and Firestorm Pyrotechnics, Inc. must provide a written Attorney Review: response to County within 30 days from receipt of notice. In exchange for each one-year renewal, Contractor agrees to 5% premium shells or effects above the proposal submitted in 2013 by Firestorm Pyrotechnics, Inc. and hereby made a part of this contract as Exhibit A.” N/A Due to consistent feedback regarding a lackluster grand finale leaving many spectators confused and disappointed, Council Office staff recommends placing the contract out to bid in early 2014 for the 2014 Fireworks Display rather than approving a one year renewal. ATTACHMENT(S): 1. Fully executed Agreement for Independent Contractor dated June 18, 2013 AGREEMENT FOR INDEPENDENT CONTRACTOR I. GENERAL. Grand County duly organized and existing under the laws of the State of Utah, with its primary place of business located at 125 E. Center Street, Moab UT 84532, Utah (hereinafter refen"d to as County) and Firestorm Pyroteclmics, Inc, license number 756, Springville City, UT (hereinafter referred to as Contractor) located at 187 East 400 South, Springville, lIT 84663 herewith enter into this Agreement for services, elfective upon tbis date: May 7, 2013. 2. RECITALS. The parties recite and declare: A. Contractor is willing to provide services to County, and County is willing to accept services from and compensate Contractor for said services subject to the temlS, covenants and conditions set forth in this Agreement. B. For the reasons set forth above, and in consideration of the mutual promises and Agreements set filrth in this Agreement, County and Contractor agree as follows: 3. SERVICES. A. Contractor herewith agrees to perJ()ml the services as described in the Scope of Work (Exhibit A) B. Contractor shall be responsible to ensure that the services set forth above are performed in a timely manner as established in this Agreement. C. Contractor shall perform such duties as specified by this Agreement and that arc customarily performed during the course of performing the above noted services. 4. BEST EFFORT OF CONTRACTOR. Contractor agrees that they will at aU times faithfully, industriously, and to the best of their ability, experience, and talents, perform all of the duties that may be associated with the services set forth above and shall perfclrm said services to the reasonable satisfaction of County. 5. TER1'>10F AGREEMENT. This Agreement shall be in effect beginning May 7, 2013 and ending on, or at any time before, July 6,2013. The County reserves the right to extend this contract in additional one-year increments based upon County/Council 0 ffice stafT assessment as wdl as succcssful performance in fulfilling this contract, unless contract is otherwise terminated. To effect an extension of this agreement, the County must provide written notice to Firesiorm Pyrotechnics, Inc. no later than 30 days after completion of the fireworks show, and Firestonn Pyrotechnics, Inc. must provide a WlitlelTresponse to County within 30 days from receipt of nOlice. In exchange for each one-year renewal, Contractor agrees to 5% premiwn shells or effects above the proposal submitted in 2013 by Firestorm Pyrotechnics, Inc. and hereby made apart of this contract as Exhibit A. Resolution #2796 Approved 7-17-07 6. TERMINATION OF AGREEMENT. This Agreement shHlI expire on or betl>re July 6, 2013. In addition, either party shall have the right to terminate this Agreement without cause by providing thirty (30) days written notice to the other party. Either party may terminate this Agreement immediately for cause by providing written notice stating the legal grounds for termination of the Agreement. 7. COMPENSATION OF CONTRACTOR. County shall pay Contractor, and Contractor shall accept from County, in full payment for Contractor's services under this Agreement, $\7,000. The County shall pay for services rendered as set forth in Exhibit A upon their eompletion. 8. LABOR AND MATERIALS A Unless otherwise specifically provided in the Agreement. Contractor shall pay for all labor, materials, equipment, tools, machinery, transportation and other facilities and services necessary for the proper execution and completion of the services agreed to under this Agreement B. RETURN OF EQUIPMENT ON TERMINATION OF SERVICES. On termination of this Agreement by either party, or at the termination of Contractor, all County property in the possession of Contractor shall be promptly returned to County by Contractor. 9. CONTHACTOR INDEPENDENCE. Contractor is an independent contractor with respect to all services performed under this Agreement and is solely and personally liable for all labor and expenses in connection therewith and tor any and all damages which may be occasioned on account of the operation of this Agreement. Contractor acknowledges and agrees that it is not entitled to the benefits provided by the County to its employees, including but not limited to compensation insurance and unemployment insurance. Contractor accepts .Iitll and exclusive liability for the payment of any and all premiums, contributions, or taxes for workers compensation, Social Security, unemployment benefits, or other employee benefits now and hereinafter imposed under any state or federal law which are measured as wages, salaries or other remuneration paid to persons employed by Contractors on work pertormed under the terms of this Agreement. Contractor shall defend, indemnify and save harmless the County from any claims or liability fiJr such contributions or taxes. Nothing contained in this Agreement, nor any act of the County or Contractor, shall be deemed or construed to create any third party beneficiary or principal and agent association or relationship involving the County. The Contractor has no authority to take any action or execute any documents on behalf of the County, .' 10. HOLD HARMLESS/INDEMNIFICA TION. Contractor herewith agrees to indemnify and hold the County, its officers, agents, officials and employees, harmless from any action, causes of action, claims for relief, demands, danlages, expenses, costs, fees, or compensation, whether or not said actions, causes of action, claims tor rdiet; demands, Resolution #2796 Approved 7-17-07 2 damages, costs, fees, expenses andior compensations arc kllown or unknown, are in law or equity, and without limitation, all claims of relief which can be set forth through a complaint or otherwise that may arise out of the acts or omissions, negligent or otherwise of the contractor, the County or their respective officers, officials, agents, or employees, or any person or persons. II. NO AGREEMENTS OUTSIDE OF AGREEMENT. This Agreement contains the complete Agreement conceming the contracted service arrangement between the patties and shall, as of the effective date hereof, supersede all other Agreements between the parties. 'i11e parties stipulate that neither of them has made any representations with respect to the subject matter of this Agreement or any representations including the execution and delivery of this Agreement except such rcpresentations as are specifically set forth in this Agreement and each of the parties acknowledges that they or it have relied on its own judgment in entering into this Agreement. The parties further acknowledge that any payments or represcntations that may have been made by either of them to the other prior to the date of executing this Agreement are of no effect and that neither ofthcm has relied thereon in connection with their or .its dealings with thc othcr. "The Contractor may subcontract out a portion of the work to another party only with the express wTittcn permission of Grand County. It is acknowledge that any Agreement between the Contractor and Subcontractor is not binding on Gnmd County. 12. MODIFICA nON OF AGREEMENT. Any modification of this Agreement or additional obligation assumed by either party in conncction with this Agreement shall be binding only if evidenced by wTiting signed by each party or an authorizcd representative of cach party. 13. DISPUTES. Should any disputes arise with respect to this Agreement, the Contractor and the County agrees to act immediately to resolve any such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees thnt the existence of a dispute notwithstatlding, it will continue without delay to carry out all its responsibilities under Ihis Agreement in the accomplishment of all non-disputed work. any additional costs incurred by the Contractor or County as a resul t of such failure to proceed shall be bome by the Contractor; and the Contractor shall not make a claim against the County for such costs. 14. CHOICE OF LAW. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and under and pursuant to the laws of the State of Utah and that, in any action, administrative action, speciaI proceeding or other proceeding that may be brought arising out of, in connection with, or by reason Qfthis Agreement, the laws of the State of Utah shall be applicable and shall govern to the exdusion of the law of other forums. Any such action shall be brought in the 7'h Judicial District, State ofUtall, Grand COIllty. Resolution #2796 Approved 7-17-07 3 15. NO WAIVER. The failure of either party to this Agreem<;;nt to insist upon the performance of any of the terms and conditions of this Agreement, or the wah'er of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and etTect as ifno such forbearance or waiver had occurred. 16. SEVERABILITY. The invalidity of any portion of this Agreement for any reason with not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed 10 be in full force and effect as if they had been executed by both parties subsequent to the severing of the invalid provision. 17. LIABILITY AND WORKERS COMPENSATION INSURk"lCE. Contractor warrants that Contractor has obtained and will maintain liability insurance sufficient 10 support Contractor's duty to indel1U1ify, described in this Agreement. Contractor further warrants that contractor has obtained and will maintain workers compensation insurance as may be required by State law. Evidence of such insurance are attached a~ Exhibit "B". 18. lJNDERSTANDING AND EFFECT OF AGREEMENT. A. Parties acknowledge that they have been advised to consult legal counsel and have had the opportunity to consult with legal counsel prior to entering into Agreement. B. Parties warrant that they enter into this Agreement with full knowledge of the meaning and future effect ofthe promises, releases and waivers contained herein. C. Parties warrant that they have entered into the releases and waivers contained in this Agreement voluntarily and that they make them without any duress or undue influence of any nature by any person. 19. PARAGRAPH HEADINGS. The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modifY, simplifY, or aid in the interpretation ofthe provisions of this Agreement. 20. ATTORNEY'S FEES AND COSTS. In the event of breach of this Agreement, the non breaching party shall recover the attomey's fees and court costs that result IrOin action or lawsuit brought to remedy the breach. 21. CONTRACTOR'S, SUBCONTRACTOR'S, AGENTS AND THEIR EMPLOYEES. It is acknowledged that Contractor's, Subcontractor's, Agent's and their employees engaged in the work performed under this Agreement are not employees or representative of Grand County. All contracted employees engaged in work on County premise shall be at least 18 years 0 f age. The County reserves the right to remove Contractor or subcontractors' employees engaged in work on County property. Typically, the remo\'al Resolution #2796 Approved 7-17-07 4 or contractor's employees [rom County property will be associated with issues including bllt not limited to drug or alcohol usc, theft, or confrontation. 22. DUTY OF NOTIFICATION. Upon filing lor bankruptcy or insolvency proceeding by or against the Contractor, whether voluntary or involuntary, or upon appointment of a receiver, trustee, or assignee for the benefit of creditors, the Contractor shall notify the County, immediately. Upon le:rrning of the actions herein identified, the County reserves the right, at their sole discretion, to either cancel the Agreement or reaffirm the Agreement. 23. PROFESSIONAL LICENSES & COMPLIANCE WITH LAWS. Contractor shall be in possession or all professional licenses required to perfoIDl work prior to the commencement of the work and attached hereto as Exhibit "B". Securing other occupational and professional licenses and permits from public or private sourees necessary [or the fulfillment or its obligations under this Agreement shall be the sale responsibility of the Contractor. Contractor shUll comply with all federal, state, and local laws. ordinances and regulations applicable to the work. 24. WORK & INTELLECTUAL PROPERTY IUGHTS. The work results and the reports, ir any as described in the Scope of Work (Exhibit "A") shall be considered confidential and proprietary and owned by the County, Contractor shall not release any slIch reports or work without prior VvTItten consent of the County. All inventions and copyrightable works that Contractor is obligated to disclose shall be, and remain, entirely the property of the County. It is agreed that all inventions and copyrightable works are works made tilr hire and shall be the exclusive property of the County. Contractor hereby assigns 10 the County any rights it may have in such copyrightahle works. Contractor shall cooperate with County in ohtaining any copyrights or patents. IN WnNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicat beo~ .sh~.(K ~. 5~(':b:( 51,) v\ t.. 17,?,pL3 Date ~tor's Signatur P6;:;:O;d~JJ5 County Signature Printed Name ofCounly Rep. ate Clerk Auditor Date Contact Information . Contractor's Contact Information County's Assigned Project Manager Name: Steve Shriber Name: Gene Ciarus Title: President Title: Council Chair Resolution #2796 Approved 7-17-07 5 Address: J 87 East 400 South Address: 125 East Center Street Springville, Ctalt li4663 Moab liT &4532 Phone: (801) 358-]740 Phone: (435) 259-1 346 F1lX; Fax: (435) 259·2959 Email: gtev",,~h!iiJt:rfij),firest()CIllpvri1,~()1!l Email: ;:;9~ncil(iilgrandcourm:l.!1!\h.l)~ Resolution #2796 Approved 7· 17-07 (1 Exhibit" A" Scope of\Vork Contractor herewith agrees. 10 p(morm the services as set forth in this Exhibit. Resolution #2796 Approved 7-17-07 7 Grand County Fourth of July Firework Display Proposal .·~)technics, Inc 84663 FIRESTORM Pyrat~cllllics, Inc, Springville Utah Fireworks PROPOSAL February 18, 2013 Grand County Clerk I Auditor's Office ATTN: Fireworks RFP 125 E. Center Street Moab, UT 84532 Attention: Ruth Dillon Subject: Fireworks Proposal for Grand County Fourth of ,July Firework Display Ms. Ruth Dillon, Thank you for your interest in Firestonn Pyrotechnics, Inc. We enjoyed the opportunity to provide the Grand County firework displa~ last year and it is our pleasure to offer Grand County the fo1\owing proposal for its 2013 .lilly 4t firework display. The to1\owing proposal contains pricing and product quantity representative of a Firestonn 18 minute show. A Firestonn firework display is a symphony of fire, color, sound and light that wi1\ leave your guests in slack- jawed wonder. We choreograph each shot to create color matched aerial magic. Every shot is tired by a computer, not just electrically fired, and is timed within a loth of a second to the music. We use the same technology that .I1rework shows with million dollar budget~ use. Firestorm will supply Grand County and your guests an "experience of a lifetime". It is difficult to convey the quality of our shows in writing. I encourage anyone evaluating our proposal to view one of our sllOWS and hear the excitement at the tlJllowing linle http://vimeo.comluserI0261129/mapleton-24th-.I1reworks-2011. Best Regards, Steve Shriber President Firestonn Pyrotechnics, Inc. 187 East 400 South Springville, Utah 84663 (801) 358-3740 [email protected] 21Pagc Copyright © 2013 Firestonn Pyrotechnics, Inc. FIRESTORM PytotechtTiCl, Inc. Springvilk Utah Fireworks PROPOSAL Fireworks Proposal for Grand County INTROnUCTlON: In the firework entertainment business, there are two different display styles: Traditional and State-of tbe-art. Traditional firework displays are hand lit or fired electronically by a switch system, not a computer, and c:mnot detonate different size fireworks at the same time. The choreography is done by playing an audible tone in the ear of the display operator, to signal them to ignite the cue. These displays are slower and not layered. State-of-tbe-art firework displays are computer-fired to time or music and are precisely choreogmphed. Fireworks of different size are detonated at the same time, to music or time, creating layers of color, light, sound alld style. Firestorm only provides Stal,,~()f-the-art, Clli'tom made, firework displays. That will leave your spectators in amazement Everyone has seen standard, hand-lit firework.~ shows or an electrically-fired pin board show. We offer jaw-dropping, romputer choreographed pyrotechnics that can fill the sky with color at will. The Pirestorm experience is an event your audience will never forget. As Gale Bunker, Mayor of Della, said after the frrst show we provided his city on January 1,2012, "Fireworks, we bave bad fireworks. lots of fireworks, hut never magic fireworks!" And, like our audiences in Mapleton, Utah for our past few Pioneer Days performances, they will invite their out-of town friends in coming years. We dOIl't do Traditional, old-school frrework shows. l'irestorm's technology (as seen in l'ig. I) allows us to paint the sky with color-coordinated fireworks of any size, from any number of locations wireJessly. Because ofFircstorm's firing system we can detonate any size mortar or effect right on cue, by calculating the rise times and initiating the shot so they detonate at exactly the desired moment. 3j Pn se Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRESTORM pyrouchHics, IHe. SprilJgville Utah Fireworks PROPOSAL Figure I: Scr~(l.n sh.ot ofFirestorrnfg C()ntrol System 10 IIcti()n This teclmology allows us to create incredible, breathtaking stacked shots that will have your guests on the edge of their seat. .For example: in a 3 second window of time, we can do a layer of purple falling leaves at 400 ft., a layer of silver core purple palm trees at 300 ft., and On the bottom a silver falling rain at 200 ft. This shot is impossible with a pin board/switch system or hand-lit show; or This golden tiger tail fan shot pictured below, timed perfectly to create this beautiful cascading comet effect. We choreograph and create every shot for your show weeks before the event. Your show will take approximately 18 hours to script but will be the best fireworks show your gesrs have ever seen. Do 41Page CDpyright © 2013 Firestorm Pyrotechnics, Inc. FIRESTORM Pyra!ec/lI1ics, file, Sl'rirlli',jJle Utah Firework.. PROPOSAL computer-choreographed fireworks make a difference? Absolutely! If you ask anyone that has been to a Firestorm show, you wiII see them light up and fill with enthusiasm as they tell you about it. ~ We have tbe experience, licensing, insurance and available capacity (0 deliver what we promise, PROPOSED FIREWORKS SHOW: Firestonn will customs choreograpb each annual Grand County fireworks show to music or time, to fit your theme, and dazzle your audience. You spent time and money to acquire a good perfonnance. You deserve for each shell to be timed and selected to coordinate with time or the rhythm and mood of the music to increase the wow-factor for you audience. If you choose to have the show choreographed to music, we have contacted KZM[J "Moab Community Radio" and KCYN "Moab Country Radio "and they are willing are to broadcast the music for the firework display. Firestorm will mix the music for the show using Pro Tools. The play list will need to be approved by Grand County and the radio station. We will till the sky with beauty and emotion - carefully chosen shells: • Traditional Lamp Black Willows -extremely delicate, fluffy fingers sparkling to softer, slower sections of rhythm. • Purple Tourbillions - one of a kind; the rare,;t color of all for those moments that require exceptional bursts of emotion. • Color-matched finale chains, mathematically stacked to produce a spectacular sparkling sky full of color splashes, These are just three examples of our extensive, custom product inventory, uniquely available to you through Firestorm. We create stacked shots with our precise timing that others simply cannot do, Example: A cloud of Golden Falling Willows at 600ft as they fall past 500ft wc burst a dispersed cloud of Silver Falling Leaves. Every shot in our show will have this level of detail to create a symphony in the sky of spectacular sparkling fire, color, light and sound, choreographed precisely to your music, Your show will be completely coordinated by our state-of-the-art, proprietary, computer control system. We adjust the pace of the production real-time to ensure that the choreography of the shells remains synchronous with the rhythm ofthe music regardless of music playback variation. 5iPage Copyright © 2013 Firestorm Pyrotechnics, mc. FIRESTORM Pytalitc!m;cs, Inc. Spritlgville Utah Fireworks PROPOSAL Some fireworks companies say they have computer-choreographed and computer-controlled ~ shows. They may have used a computer to catalog and select their products for a show, but don't believe them when they say it is computer controlled. The vast majority of our competitors use pin boards to launch their product. What good is a computer designed and timed show if it's not computer controlled? Don't waste your money hoping that the person touching firing pins to launch the shells can stay up with the music, much less remembrr the choreography to ensnre the show dances to the music. Our proprietary control system will synchronize the launch from multiple locations in yonr display area, digitally-timed with the script and choreographed to music. Firestonn's products arc custom made. We do not purchase assorted cases like many fireworks companies. This means we stock more pyrotechnics and have 4 times the selection of different effects. We have over 800 diftercnt firework types in each size. If Firestorm is selected to provide your shows, we will script each show from our inventory and provide a detailed list of effect dcscriptions by shell size, if requested. 61 Pa ge Copyright © 2013 Fircstonn Pyrotechnics, Inc. FIRESTORM PYl'fltechnics, Inc. Springville Utah Fireworks PROPOSAL SHOW I'RICING AND DURATION ~ A typical pyrotecbnic fireworks show will last 18 minutes - the industry rule-of-thumb for audience attention span. However, with music variation, change of pace, false finales and other interesting effects, times of 30 minutes are not unreasonable or uncommon. We propose the following 18 minute fireworks display for a total cost of$17,000.00 Moderate Field ofViewfExpanded Mortar Field and Fall-out Area - $17,000.00 Effect Qty 3" Mortar : 900 . 4" Mortar 400 100 30 7 700 Shots : Total Effects 429 30% of each size mortar and the grand finale 1 INSlJRANCE Firestonn has a $2,000.000.00 general liability insurance policy, with a $2,000,000.00 general a&,oregate and a $4,000,000.00 umbrella. Firestonn will provide a certificate of insured to the Sponsor, if awarded a contract. EXPERIENCE AND QtJAUFICATIONS Firestonn's President, Chief Pyrotechnic, and trainer of all employees, Mr. Steve Shriber, has 18 years of big and small show experience. He has been the head pyrotechnician in charge of many municipal and private shows like: • Grand County July 4"' 2012 (Moab) • FrS Freestyle Ski World Cup three times, 7]Page Cop}Iight © 20 I 3 Firestorm Pyrotechnics, Inc. FIRESTORM PrrOlechHic.~, Inc:, Springville Utah Fireworks PROPOSAL • Keams Fire, Water, & Ice - 2006,2012 • Houston, Texas -Freedom Over Texas Fourth of July • Phoenix, Arizona -Phoenix Fabulous Fourth of July six times • and m any more Me. Shriber has also produced private. commercial shows for Stadium of Fire in Provo (6 years), Utah; Th0 Disney Corporation, Walt Disney World, Florida; and the Pro Rodeo Association. He is the only pyrotechnician to have displayed in Lake Powell National Park and yearly delivers a charity show to the Boy Scouts of America in Uinta National Forest, Maple Dell camp. REFERENCES I. Brian Wall, Mayor Mapleton, Utah (801) 798·0722 2. Scott Spenser, Fire Chief Payson, Utah (80 I) 465-5252 3. Phil Brown, Chainnan, Utah (Strawberry Days Rodeo 2(11) (801)787-3824 TECHNICIANS AND SAFETY Firestorm will provide one qualified and licensed Display Operator certified by the State of Utah responsible to oversee the safe setup and show delivery by a highly trained crew of operators. Firestorm Display Operators are trained to NFPA 1123 stIlndards as well as 27 CFR Subchapter C 555 and 49 CFR regarding safe shipping and handling of explosives and hazardous materials. Firestoml will provide an experieneed crew to assist in the s~1up and firing of the display. We will provide the names of crew members upon request. We are also happy to work with local, qualified and certified pyrotechnicians to support our program. Fircstorm is required by the Department of Transportation to have a strict drug "TId alcohol testing program as well as a striet hiring program. Firestonn employees must past these requirements and a background check. Firestorm uses the best equipment and indll5tIy leoding safety procedures. Our proprietary fire control system has automatic continuity checking and safety shut-off devices. All of our equipment and practices meet or exceed NFPA requirements. Safety of our guests and employees is our number one eonsideration. Firestorm has not received any notice of, disciplinnry aetions, or law suits. 81 P age Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRESTORM pyrotechnics, Inc. Spri'Ig.,jl/e Ulilh Fireworks PROPOSAL WHAT GIVES FIRE STORM THE COMPETITIVE AnV A."ITAGE? • We spare no expense to customize and deliver the most vibrant and brilliant colors and the latest fireworks available. Many companies purchase fireworks in assorted cases. Due to an exceptional relationship with our manufacturers, Firestorm guarantees custom-manufactured shells unique to your show's dcsign and specifications, delivering thousands of effect types and colors instead of the industry standard two hundred. This is a stand-alone beneH!. • Firestorm purchases custom product; because of this, all Firestorm product is manufacture in the same batch. 111e result is your shell's colors and timing will be matched Il1ld the most accurate in the industry resulting in a highcr "wow factor". • In custom designing your show, Firestonn will provide up to 816 different pyrotechnic effects - plus 40 one-of-a-kind, custom-designed, U.S. manufactured shells. • Firestonn employs a sound engineer with over seventeen years of experience to mix and time your selected music to your custom effects. • Firestorm's proprietary firing system is capable of on the fly time adjustments enabling us to choreograph to live bands. However, this requires considerable effort Il1ld requires separate pricing. 'Thank you for your consideration of Fire storm, Tnc. a company that commill to deliver the best pyrotechnics events available, 91Puge Copyright © 20 I3 Firestonn Pyrotechnics, Inc. Exhibit "H" ProfessiOD:11 Licellse(s) and Insurallce Contractor shall be in possession of all professional licen~es required to perfOlm work and insurances prior to the commencement of the work and are attached in this Exhibit, Resolution #2796 Approved 7-17-07 NOT-lOE THfl'J, UCEl"~' MUST-£E PO~nE'O IN A CbNS~~Cl,.-~i)L'S Pl.... \CE Business license l'M biA'-;;"'-1.~.. ~;~-rrd: ~';H~-.:i' fi7:>'; 1t ~-(i.'*"1'-,(!tMI9lJ' -a_ , r:~MJff~" ;:~ ':t'~I;~-m(~I.QI-~~ h~~ -;c S;:"'t6'f'H~to,CIq;. inti!'!: _;'Jilj_Jje:~ ~j}r't.~~i~~i_ ;jVh~_" ,:[!!;i3Jll('l'I!l. ';i.'-~:tr.l"l'il i;od:t ilf -~-i';-t~19114!~~-~~&r-i.l iJSCElct;~~- 1AAP~jfi\..SRlAN Af'ID.:>tlRIl;IfR",S Tt.<::_ frRESTO(t~r PYooTECtlNlC:>, INC, \6; EASt 4iJoJ SOOT!< SPH.lHdViLL€ lH [l4(.1(il Workers ComperlSation FU/ld 100 West Towne Ridge Parkway. Santly. Utah 81070 IWCFI 800.446.2667 I www.wctgroup.com May 24, 2013 Attn: STEVE SHRIBER FIRESTORM PYROTECHNICS INC 187 E 400 S SPRINGVILLE UT 84663 CERTIFICATE OF INSURANCE This will certify that: FIRE'STORM PYROTECHNICS INC 187 E 400 S SPRINGVILLE UT 84663 Policy Number 3291229 has an active Workers Compensation and Employers Liability policy in accordance with the provisions of the Utah I'lorkers Compensation Act for the period 5/24/2013 to 5/24/2014 at 12: 01 A.M. If the policy is cancelled prior to the policy expiration date of 5/24/2014 you will be notified. Employer's Liability: Each Accident: 1,000,000 Disease - Policy Limit: 1,000,000 Each Employee: 1,000,000 Job Reference: (A job-site location is the only valid entry in this section. Any other language or representation is invalid and in no way extends or alters ,the coverage issued.) PROOF OF COVER~GE This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not <1ffirmativel:y or negatively amend, extend or alter the coverage by the policy. This certificate of insurance does not constitute a contract between the issuing insurer, authorized representative or producer, and the certificate holder. /~® ACORD DATE IMMoIlOJYYYY) L ~ CERTIFICATE OF LIABILITY INSURANCE 61612013 I TIllS CERnFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERnFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED BY TIlE POLICIES i BELOW, THIS CERTIFICATE OF INSURANC E DOES NOT CONSnTUTE A CONlRACT BElWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTAnVE OR PRODUCER, ANo THE CERTIFICATE HOLDER. I: If the """~~" hOld:". an AUU" lUNA" I , the I I must. be· , It \ "UN IS '~:,,!:: ," the terms and conditions of the ~~~~~~~ certain pDlicles may require an endorsement. A statement on this certificate does not confer J il:lnu, to the : certiflcate holder In lieu of such I; 1~~~o~,,-,all"9~'~ ~--.E-,"I.2~11-'O"o"o--o~' "'-M-~"" "-~-~Tillr~i.YM~",.~,,~a~ o.,«~,o~7~.'n----! I':'':c:c ':~:~~Io;;, Center, Floor 30 ,1"l375, ~Iaon'd~ 9th Slneet ,~ IeveI OH 44114 NAlC. INSUR.!]j 7538 : INSU .... .,M•• lJm Innpmn"v I i Firestorm Pyrotechnics Inc. , INSURERCdinais II, ,w:Co 1187 E400 S INSURER 0 • ! Springville UT 34663 INSURERE, IGF" ······1 I EL DISEASE , I El. DISEASE· POLICY "MIT , ..... I "I, ,I.... , (AttactJ ACOR.D 1 af, ,'\ddit!clnlll Remarks SchBlful!'!, ir mOt .... 13."" I" l"IKluir"dj i i holder is listed as an addrtional insured according to the policy proviSIons . • n, ,'jM: Grand County IDate of Show July 4, 2013 CERTIFICATE HOLDER CANCELLATION - SHOULD A~Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORE THE EXPIRATION DATE TMEREOF, NOTICE WILL 'E DELIVERED IN Grand County ACCORDANCE WITH THE POLlCY PROVISIONS. : 12; E Center St Mcab UT 84532 A1.J1liORIZED RE?RESENTAl1VE 4j;" 1.k~t,J}.,...... , , © t 966-201 0 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: L Approving Proposed Amended Five-Year Lease Renewal Agreement TITLE: (Contract No. 94-1396 Amendment No. 4) with the State Administrative Office of the Courts for Seventh District and Juvenile Courts Increase in lease revenues by 15% each year for the next five years, less ISCAL MPACT: F I the traditional 3% discount for annual lump sum payments Ruth Dillon, Council Administrator and Alyn Lunceford, Facilities Director, PRESENTER(S): Administrative Office of the Courts (by phone) RECOMMENDATION: Prepared By: I move to postpone approving the lease renewal agreement with the State Administrative Office of the Courts until the August 6th Council Meeting to Ruth Dillon Council Administrator allow time for re-negotiation based on the new information received. (435) 259-1347 or I move to approve the proposed amended five-year lease renewal agreement (Contract No. 94-1396 Amendment No. 4) with the State Administrative Office of the Courts for Seventh District and Juvenile Courts at a lease rate of $14.44 per square foot per year, along with the option of a 3% discount for annual payments, and direct the Administrator to prepare an adjustment invoice for the current annual payment, and authorize the FOR OFFICE USE ONLY: Chair to sign all associated documents. Attorney Review: Complete BACKGROUND: It was brought to the Council Administrator’s attention in mid-June that the lease for the office space for District and Juvenile Courts was due for renewal by the State Administrative Office of the Courts by June 30th. Since that time, legal review and negotiations with the State Facilities Director have occurred. The FY 2014 annual lease payment was made to the County by the State on time on July 1, 2013, based on the lower rates of the FY 2013 lease, which included the 3% discount that the State historically takes for making the payment in an annual lump sum. This payment was made to the County with the understanding that an adjustment payment will need to be made to the County once the new lease is approved by the Council. The lease amendment received from the State in mid-June proposed a rate of $12.56 per sq. ft. per year, with the traditional option of a 3% discount for annual payments. The Administrator’s counteroffer of a 15% increase at $14.44 per sq. ft. per year (for a new five-year lease), with the same option of a 3% discount for annual payments, was made in writing and subsequently countered. Additional negotiations occurred and there was a meeting of the minds at a 5% increase per year and reducing the annual discount to a rate based on the Public Treasurer’s Investment Fund rate. However, as recently as Friday, July 12th, the Administrator learned from a reputable local Realtor that the commercial office lease market in Moab is now $15.00 - $21.00 per sq. ft. per year (or $1.25 - $1.75 per sq. ft. per month). The space to be leased is customized for the courts, and the County offers a full-service lease, thus the Administrator’s original counteroffer at $14.44 per sq. ft. per year was low (just under the low end of the market). Without this knowledge, the State is countering with a 5% increase (vs. the Administrator’s proposed 15% increase). It is the Administrator’s opinion that approving the lower than market rate of $14.44 per sq. ft. per year for each of the next five years is more than fair to the State, particularly when considering the option of a 3% discount for annual payments. The County seeks to cover real and projected costs, and is at this point asking for lower-than-market lease rates. Negotiations are incomplete at this writing. The Administrator was unable to reach the State Facilities Director on Friday afternoon with the news from the Realtor. The State Facilities Director had planned to attend the meeting by phone. In any case, the Administrator will provide an update at the meeting. Postponing the matter will be prudent if negotiations are still in progress by the time of the meeting; however, postponing the matter also causes the County an opportunity cost in interest earned, given that an adjustment payment is due as soon as the lease is approved. For reference, a history of lease rates is provided in the attached 2007 agenda summary. ATTACHMENT(S): 1. Negotiation letter from Council Administrator to Administrative Office of the Courts dated 6-14-2013 2. Proposed Lease Renewal Agreement Contract No. 94-1396 Amendment No. 4 – redlined with recommended rates 3. 2007 agenda summary and supporting materials June 14, 2013 Ms. Terri Yelonek Administrative Office of the Courts Trial Court Executive 149 E. 100 S. Price, UT 84501 RE: AOC Contract No. 94-1396, Proposed Amendment NO.4 Lease Renewal for District and Juvenile Courts Dear Ms. Yelonek; Thank you for your email to the County Attomey's office requesting the subject lease renewal. My office received the request this week following legal review. Today I realized that having the lease renewal on the County Council agenda for approval this coming Tuesday is premature as it would be imprudent for Grand County to approve a five-year lease at the same rate as the prior five years (due to inflation). I apologize for the confusion on the dates. The proposed lease amendment suggests a rate of $12.56 per sq. ft. per year for the next five years with an option of a 3% discount for annual payments. In the interest of time, I propose a rate of $14.44 per sq. ft. per year for the next five years, with the same option of a 3% discount for annual payments. This percentage increase is in line with what the AOC proposed at one time during 2007 negotiations, and is also in line with inflation rates since 2007. Since the current lease expires June 30th, we plan to have this matter before the County nd Council for approval on July 2 • We appreciate your tenancy and hope that these terms meet with your approval. I look forward to your reply. Sincerely, Ruth Dillon Grand County Council Administrator cc: Mr. Raymond Wahl, AOC Deputy Court Administrator Council's Office' 125 E. Center 51.' Moab, UT 84532 . [email protected] (435) 259-1347 (Phone) , (435) 259-2574 (Fax) www.grandcountyutah.net STATE OF UTAH ADMINISTRATIVE OFFICE OF THE COURTS CONTRACf NO. 94-1396 AMENDMENT NO.4 I TO BE ATTACHED TO AND MADE A PART OF the above numbered contract by and between GRAND COUNTY, a political subdivision ofthc State of Utah, I whose principal place of business is 125 East Center Street, Moab, Utah, hereinafter called "LESSOR" and the State of Utah, Administrative Office of the Courts, whose principal place of business is 450 South State Street, P.O. Box 140241, Salt Lake City, I Utah 84114-0241, hereinafter called "LESSEE." WITNESSETH . THAT WHEREAS, LESSOR and LESSEE have heretofore entered into that ! certain Lease Agreement (Contract No. 94-1396) Located at 12:5 East Center Street, Moab, Utah, for the occupancy and operation of the Seventh District and Juvenile Courts. which currently expires June 30, 2013; and WHEREAS, LESSEE and LESSOR are mutually desirous to renew the subject i Lease Agreement for an additional Five (5) years term; and I NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and agreements herein contained, and other good and valuable considerations, it is covenanted and agreed between the parties that the aforesaid Lease Agreement be j modified and amended as follows: I PARAGRAPH 1 RENEWAL OR EXTENDED TERl\'[ 1.1 The Lease Agreement is hereby renewed and extended for an additional term which term shall commence July 1,2013, and shall expire June 30,2018 and shall continue thereafter on a month to month rental basis. If option to renew is not exercised by LESSEE as provided for in Paragraph 2 of tbis Lease Amendment No 4, the Lease will continue in full force and effect on a month to month basis until terminated by either party by giving Ninety (90) days advance written notice to the other party. PARAGRAPH 2 OPTION TO RENEW 2. J LESSOR covenants ",.jth LESSEE that LESSOR shall, at LESSEE'S option, again grant and lease to LESSEE at the expiration of the lease term, the Premises pursuant to the provisions of this Lease for and dnring the term of Five (5) years thereafter, with a like covenant for future renewals of the Lease as is contained in this Amendment No.4, and on the same terms and conditions, except as to the annual rentals, which rentals shall be subject to negotiations. PARAGRAPH 3 CONSIDER.>\. TlON 3.1 For the period beginning July 1,2013, and ending June 30, 2018, LESSEE shall pay to LESSOR rent in accordance with the following rental payment schedule: Period 3"1. i Period I Annual I Fiscal Yr Beginni Ending . Rate Rent Due Rent Due ,[ ng Date Date 'iI'I.'14 17)', ,!p3.51' Dj!l/~~,Ft'7. 4/ 16'1, ;l:J/, 'ff I FY2014 07/0lfD 06/30114 I $~ $ 149,916.16 ~ ;1 .1<}7 AS! $ 145,4l8.68 FY 2015 . 07/01114 06130/15 $tz:%o $ !49,9l:6.l:6 . $,A,l9'f.48 $ !4~,m.6S FY2016 07/01/15 106130/16 $ 12.56 1$ 149,916.16 $,4,497.48 $ !4S 418.6~ FY2017 07/01116 06130/171 ~ $ 149,916.16 , . • $ -148,418.63 FY 2018 07/01117 06/30118 i IS 149,916.16 $ 4,497.48 . $ -, All other covenants, terms, and conditions of the subject Lease Agreement, as amended, are not modified by this Lease Amendment No.4 and are to remain in full force and effect. IN WITNESS WHEREOF, the parties hereto sign and cause this Lease I Amendment to be executed. ,. LESSEE LESSOR ADIMINSTRA TIVE OFFICE GRAND COUNTY I OF THE COURTS I I Raymond Wahl Date Date I Deputy Court Administrator Chair, County Commission I. Derek Byrne Date Date I Budget Manager Grand County Clerk Auditor Approved; Brent Johnson Date AOC General Counsel Utah Division of Finance GRAND COUNTY COUNTY COUNCIL MEETING AUGUST 7, 2007 Discussion and Consideration Approving a Lease Agreement For the State of TITLE: Utah Administrative Office of the Courts for the Leasing of the Courtrooms and Related Facilities Please see the sections entitled: Cost of Leasing Space. and County’s Replacement FISCAL IMPACT: Costs. PRESENTER State of Utah Administrative Office of the Courts NOTICES: -Posted in 2 public places PREFACE/UPDATE: AUGUST 7, 2007 UPDATE- The last meeting that this item was on the agenda the REQUIRED FINDINGS: County Council proposed the following terms (See 2nd Proposal on Attached Spreadsheet): 12% increase in rate with no discount for an annual payment, which equals Planning Commission a payment of $875,892 over the six years Action / Recommendation The Offices of the Courts countered with the following terms (see 3rd Proposal on Vote: N/A Spreadsheet): Prepared By: 15% increase in rate with a 3% discount for an annual payment, which Shawn Warnke equals a payment of $872,373 over six years Council Administrator There is only a $3,500 difference between those two proposals. I proposed to the Offices of the Courts that we change the term to 4 years (See 4th Proposal on Spreadsheet). The Offices of the Courts countered with the reducing the increase to 10% still keeping a 3% discount for an annual payment (See 5th Proposal on NOTES/COMMENTS: Spreadsheet). JULY 3, 2007 UPDATE- At the last meeting the County Council approved the lease agreement for the State of Utah Administrative Offices (Offices of the Courts) as noted in the Recommendation section of this report. I have informed the Offices of the Courts of the conditions of approval. The Offices of the Courts have accepted all of the terms with the exception of the 1%- 2% annual increase in the lease rate. You may recall that this condition was required to keep pace with the inflationary costs associated with the full-service lease (increase in employee wages/benefits and increase in costs of goods). The previous lease rate approved by the County was flat for six years. This proposed lease rate from the Offices of the Courts is a 12% increase from $10.92 to $12.23, but will remain flat ($12.23) for the term of the lease. In my analysis I believe that the 12% increase proposed, bring the lease rate to the low range of the market value. Bill Engle from the Offices of the Court will be present to discuss the issue with the County. Mr. Engle has expressed concerns regarding their ability to pay an annual increase due to budgetary constraints. RECOMMENDATION: I move to approve that the County Council approves the lease with the State of Utah Administrative Office of the Courts subject to the following conditions: 1. That there is language in the lease agreement that allows for the County to specifically have access to all the common facilities such as hallways, lobbies, public restrooms, and the one of the courtrooms. 2. That the lease rate increases by 1%- 2% annually to keep pace with market conditions and inflation for costs associated with the full-service lease. 3. That the allowance of a 5% discount for paying the lease annually is eliminated from the contract. BACKGROUND: Facility Description. The County’s Justice Court and the Seventh District Court share court facilities located in the County courthouse. The court facilities total approximately 12,000 square feet. It is estimated that about 6,032 square feet of the total court facility is used exclusively by the Seventh District Court. Additionally, it is estimated that the County’s Justice Court uses approximately 528 square feet exclusively. The remainder of the court facility such as lobbies, hallways and public restrooms comprise 6,496 square feet. This common space should be equally attributed to both the County’s Justice Court and Seventh District Court. It appears that the Utah Office of the Court is the second biggest user of square footage in the courthouse, representing 22 percent. This percentage was derived by using the total space exclusive to the Seventh District Court plus attributing half of the common space. Previous Leases. Over the past 14 years the State of Utah Administrative Office of the Court has paid a lease on the total square footage of the court facility 11,936 (the 11,936 includes all of the space exclusively used by the Seventh District Court plus all of the common spaces. Each lease agreement has been broken down into 6-7 year terms and is summarized below: 1993- Lease First Term Lease Rate Terms Notes Year 1- $8.25 per square feet Full Service Lease* Years 2-7 $9.25 per square feet Full Service Lease* Second Term Lease Rate Terms Notes Years 8-14 $10.25 per square feet Full Service Lease* Lease renegotiated in 2000 see below Third Term Lease Rate Terms Years 1-6 Price to be negotiated Full Service Lease* 2000- Lease First Term Lease Rate Terms Year 1-7 $10.92 per square feet Full Service Lease* * Electricity, heat, water, sewer, air conditioning, snow removal, insurance, cleaning services and maintenance Proposed Lease. The current lease that the State of Utah Administrative Office of the Court expires on June 30, 2007. The Administrative Office of the Court has submitted a new lease contract for an additional 6 year period. This new proposal is summarized below: 2007- Lease First Term Lease Rate Terms Notes Years 1-6 $12.23 per square feet Full Service Lease* * Electricity, heat, water, sewer, air conditioning, snow removal, insurance, cleaning services and maintenance Leasing Considerations. As you know the County is in the midst of the addressing a shortage of office space. Typically, it would not be a prudent management decision to lease office space when the County is in such dire need of additional office space. However, there are several reasons that make considering such a lease prudent: 1. As government entity it is appropriate to assist other governmental agencies in fulfilling their role. 2. The space that the Utah Office of the Courts leases has been designed and built as a court facility. For this reason it is reasonable to continue the use into the future. 3. The original lease agreement contemplated that the County would lease this space for approximately 20 years assuming that an acceptable lease rate could be negotiated. 4. The County is responsible for transporting individuals that reside in jail to the district court. Thus, having the district court in the same building as the County Jail essentially eliminates transportation costs. With that said from a pure management perspective the County should only consider leasing the space when two conditions are met: 1. The County is able to receive market value (or without significantly subsidizing the state) for the costs of leasing office and courtroom space to the Office of the Courts; and 2. The lease amount covers the County’s replacement costs for office space needed for the County’s primary purposes. ANALYSIS: The following two sections of this report examine the Utah Office of the Court’s proposed lease to meet the aforementioned conditions. Cost of Leasing Space. While real estate may have been less in previous years today’s cost of real estate in the Moab Valley have increased dramatically. In speaking with several local real estate agents they believe that the market value for leasing space in the courthouse should be somewhere around $1.50 to $1.00 per square foot. This is assumed to be the market value for leasing the courthouse. The 2007 lease proposes $1.01 per square foot based upon the Seventh District Court using 11,936. However, if you factor in the amount that is exclusive to the Seventh District Court which is 6,032 square feet and half of the common area which is 3,248 square feet for a total of 9,280 square feet the lease rate jumps to the $1.31. The aforementioned square footage lease rates of $1.50 to $1.00 are strictly rates for occupying the space and do not include the expenses for additional services or costs such as: electricity, heat, water, sewer, air conditioning, snow removal, insurance, cleaning services and maintenance. The proposed lease requires that the County pays for the utilities, insurance, cleaning and maintenance. The County adopts a specific budget for the courthouse which includes some of the aforementioned items. Below is a simplified breakdown of some these costs based on the concept that the costs are divided according to the percentage of the building user. Line Item Budget Amount Court % Court’s Costs Courthouse Personnel Costs $40,000 22 $8,800 Building & Ground Maintenance $30,000 22 $6,600 Utilities $85,000 22 $18,700 $34,100 The sum total for these services or costs for supporting the Seventh District court is $34,100 annually. When factoring in these costs with the common square footage that is exclusively attributed to the Utah Office of the Court the rate lease rate drops to $1.01 per square foot. Essentially, by the Utah Office of the Court paying a lease on the entire court facilities it equals the County’s costs associated with the aspects of it being a full service lease (utilities, maintenance, etc). Additionally, the Utah Office of the Court’s proposed lease meets lower end of the market value lease rates. County’s Replacement Costs. In addition to market value the County needs to consider the replacement costs of the square footage. In 1992 the public approved a general obligation which was for $3.2 million for the expansion of the courthouse (jail, court facilities, and office space). According to CIB Application located in the County’s files the 1992 renovation and expansion to the courthouse included the following improvements: a 12,785 square foot jail expansion; 13,787 court facility; and 15,010 of county office space. Based upon the total cost being $3.2 million dollars divided by the total square footage of 41,582 the cost per square foot is $76.94. The total cost attributed for the entire court facilities (Seven District and County Justice Court) is $1,060,771 (this is derived by multiplying $76.94 by the total square footage of the court facility 13,787). Over the 14 years the State of Utah Administrative Office of the Court has paid $1,673,307. It appears that the County has collect $612,536 additional dollars beyond the court facilities’ portion of the debt service for the entire court facility. However, it is estimated that $477,400 of the $612,536 should be attributed to the (utilities and maintenance of the facility). Thus, the County has received approximately $135,000 above debt service and operation and maintenance. The Council has been discussing over the past six months the shortage of office space for the following departments: Attorney, Jail, Planning, and Building Departments. The County is looking for immediate relief for these departments through remodeling the building used previously to house the library. The architect has estimated that the costs of remodeling the 4,000 square foot space and turning the patrol room into a low end offender jail space to be $500,000. With the approval of this lease agreement the County will receive a net $671,263 that conceptually is used to offset the County’s replacement of additional square footage. This amount exceeds the architect estimated costs of $500,000 needed to remodel the library. It should be noted that currently the lease funds received by the County is accounted for in the General Fund and these funds are currently being appropriated for general governmental uses. Thus, approving the 2007 lease does not specifically provide the funding needed for the County to proceed with making improvements to the Library. FUTURE FACILITIES: The proposed term of the lease is 6 years. Given the fact that the State of Utah Administrative Office of the Court has leased space from the County for 14 years it is anticipated that Utah Office of the Courts will continue to want to lease space from the County into the foreseeable futures. For all of these reasons the Administrative Office of the Courts should be included in the discussion and plans for the future facilities. The County’s future facility plans anticipate the expansion of the jail will be vertical into the second story of the courthouse where the court facilities are currently located. The facility plan envisions that new court facilities would be constructed north of the courthouse. The facility plan estimates the newly constructed court facility being 18,500 square feet and costing $2.4 million dollars (a cost of $131 per square foot). The $2.4 million dollars does not include the costs associated with the land acquisition. In 2004, the County purchased from the school district the land where it is envisioned that a new court facility would be constructed. The County is paying a debt service on $358,065 for three parcels where the new facility would be constructed. The County will pay this land off in the year 2016. Any future leases with the State of Utah Administrative Office of the Court should include rates that allow the County to recoup all of the costs that it would expend for a new court facility. CONCLUSIONS: The two conditions that should be met before the County leases space to the Courts include the following: 1. The County is able to receive market value (or without significantly subsidizing the state) for the costs of leasing this space to the Office of the Courts; and 2. The lease amount covers the County’s replacement costs for office space needed for the County’s primary purposes. It is believed that the proposed lease meets these conditions. ATTACHMENTS: Spreadsheet Total Lease Funds Collected Spreadsheet Year Rate Sq Ft Annual Lease Payments Year 1 $8.25 11936 $98,472.00 Year 2 $9.25 11936 $110,408.00 Year 3 $9.25 11936 $110,408.00 Year 4 $9.25 11936 $110,408.00 Year 5 $9.25 11936 $110,408.00 Year 6 $9.25 11936 $110,408.00 Year 7 $9.25 11936 $110,408.00 Year 8 $10.92 11936 $130,341.12 Year 9 $10.92 11936 $130,341.12 Year 10 $10.92 11936 $130,341.12 Year 11 $10.92 11936 $130,341.12 Year 12 $10.92 11936 $130,341.12 Year 13 $10.92 11936 $130,341.12 Year 14 $10.92 11936 $130,341.12 Total $1,673,307.84 3rd Proposal- Court's Counter Proposal to the Council's July 3rd Proposal 2nd Proposal- Council's Proposal on July 3rd 1st Proposal- Shawn's Original Recommendation to Council Approved on June 19th 15% Total Proposed Lease Funds Collected 12% Total Proposed Lease Funds Collected 12% Total Proposed Lease Funds Collected Rate Percent Discount Rate Percent Discount Rate Percent Annual Increase Discount $10.92 0.15 0.03 $10.92 0.12 0 $10.92 0.12 0.015 0 $4,496.77 0 Year 15 $12.56 11936 $145,395.52 Year 15 $12.23 11936 $145,982.05 Year 15 $12.23 11936 $145,982.05 Year 16 $12.56 11936 $145,395.52 Year 16 $12.23 11936 $145,982.05 Year 16 $12.41 11936 $148,171.79 Year 17 $12.56 11936 $145,395.52 Year 17 $12.23 11936 $145,982.05 Year 17 $12.60 11936 $150,394.36 Year 18 $12.56 11936 $145,395.52 Year 18 $12.23 11936 $145,982.05 Year 18 $12.79 11936 $152,650.28 Year 19 $12.56 11936 $145,395.52 Year 19 $12.23 11936 $145,982.05 Year 19 $12.98 11936 $154,940.03 Year 20 $12.56 11936 $145,395.52 Year 20 $12.23 11936 $145,982.05 Year 20 $13.18 11936 $157,264.13 Total $872,373.12 Total $875,892.33 Total $909,402.64 Grand Total $872,373.12 Grand Total $875,892.33 Grand Total $909,402.64 Difference $3,519.21 Difference $37,029.53 4th Proposal- Shawn's Proposal to the Courts on July 18th 5th Proposal- Court's Counter Proposal to Shawn's Proposal on July 27, 2007 15% Total Proposed Lease Funds Collected for Four years 10% Total Proposed Lease Funds Collected for Four years Rate Percent Discount Rate Percent Discount $10.92 0.15 0.03 $10.92 0.1 0.03 $4,496.77 $4,301.26 Year 15 $12.56 11936 $145,395.52 Year 15 $12.01 11936 $139,073.98 Year 16 $12.56 11936 $145,395.52 Year 16 $12.01 11936 $139,073.98 Year 17 $12.56 11936 $145,395.52 Year 17 $12.01 11936 $139,073.98 Year 18 $12.56 11936 $145,395.52 Year 18 $12.01 11936 $139,073.98 Total $581,582.08 Total $556,295.90 Grand Total $581,582.08 Grand Total $556,295.90 CONSENT AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Consent Agenda Items: M through P M. Approving Proposed Grant Agreement with the State of Utah through TITLE: September 1, 2013 for Geographic Information Systems (GIS)/Cadastral Mapping N. Ratifying Chair’s Signature on Letter of Agreement between Four Corners Community Behavioral Health, Inc. and Grand County Sheriff’s Office, Grand County Clerk and Grand County Attorney’s Office for Services Provided by Grand County Agencies O. Ratifying Chair’s Signature on Utah Department of Corrections Intergovernmental County Jail Agreement between Grand County and the State of Utah P. Ratifying Chair’s Signature on Task Agreement / Cooperative Agreement #H1341112001 with the National Park Service, Southeast Utah Group for Funding of Cooperative Emergency Operations in Grand County and Arches & Canyonlands National Parks FISCAL IMPACT: See corresponding agenda summary, if any. PRESENTER(S): None (Consent Agenda Item(s)) RECOMMENDATION: Prepared By: I move to adopt the Consent Agenda to ratify and approve the document(s) as presented and authorize the Chair to sign all associated documents. KaLeigh Welch Council Office Coordinator BACKGROUND: See corresponding agenda summary if any, and any related attachment(s). FOR OFFICE USE ONLY: TTACHMENT S Attorney Review: A ( ): See corresponding agenda summary if any, and any related attachment(s). See corresponding agenda summary, if any. AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Consent Agenda Item: M TITLE: M. Approving Proposed Grant Agreement with the State of Utah through September 1, 2013 for Geographic Information Systems (GIS)/Cadastral Mapping FISCAL IMPACT: $10,000 in Grant Funding (20% or $2,000 in-kind match required) PRESENTER(S): None (Consent Agenda Item) RECOMMENDATION: Prepared By: I move to approve the proposed Grant Agreement with the State of Utah through December 31, 2013 for Geographic Information Systems John Cortes Grand County (GIS)/Cadastral Mapping and authorize the Chair to sign all associated Recorder documents. BACKGROUND: The county typically receives a grant each year to have survey work preformed to verify section corners. This grant is from the State of Utah is in FOR OFFICE USE ONLY: the amount of $10,000.00 for 2013. This year the county is required to Attorney Review: provide a 20% match to the grant. This can be accomplished through work done in the Recorder’s office. N/A ATTACHMENT(S): 1. 2013 Cadastral Grant Contract # STATE OF UTAH CONTRACT 1. CONTRACTING PARTIES: This agreement is between the State of Utah, Department of Technology Services, . Automated Geographic Reference Center (AGRC), 1 State Office Building FI 6, sail Lake City, Utah 84114-1201, (Agency Code.11Ql referred to as STATE, and the following County, which is a Govemment Agency. County Name: Address: 125 East Center City, State, Zip: Moab City, Utah 84532 FederallD# 876000304 Vendor Code 50385DA Commodity Code 99999 2. GENERAL PURPOSE OF CONTRACT: The general purpose of this agreement is an AGRC grant for: Funding reimbursement for collection and deliVery of Public Land Survey System section corner data as outlined in the Technical Direction for Acceptance and Analysis of Local Control Digital Data into BLM Cadastral Framework and/or enhancing the digital GIS Parcel Data Layer. 3. CONTRACT PERIOD: Effective date 4-30-2013. Termination date 12-31-2013, unless terminated early or extended in accordance with the terms and conditions of this contract. The STATE will conduct a mid-term contract review (July 30,2013) to assure the work is being done or scheduled for completion within the temns of this contract. If progress toward competition of the work cannot be documented, the COUNTY risks the possibility of contract termination. The final deliverable for this contract is due September 30, 2013. 4. GRANT VALUE: County will be paid a maximum of $$10,000 for funds authorized by this contract. County must contribute an additional 20% match ($2,000) in kind. 5.· PREREQUISITE: A prerequisite to executing this contract as detemnined by the Cadastral Grant Committee, which is authorized to manage the distribution of the grant funds, requires all COUNTI ES applying for these funds to provide the STATE with the county PARCEL and PLSS section corner data that has been collected through this grant program in past years, before this agreement can be signed. 6. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT: Attachment A: Standard Temns and Conditions Attachment B: Scope of Work - 0 utline of DeliVerables Attachment C: Technical Direction for Acceptance and Analysis of Local Control Digital Data in BLM Cadastral Attachment D: Attributes needed for submitting points Attachment E: Instructions - How to Submit Corner Information Online Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A. 7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED HERETO: A. All other governmental laws, regulations, or actions applicable to goods and/or services authorized by this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. CONTRACTOR STATE Date: Signature ~s~ea~n~Fe-r=n-a~nd~e=z-,~C~a~d-as~t~ra~I~M~a'nager------Automated Geographic Reference Center (AGRC) Date -:::--:-.,------:----:-:=--;---,-----,,,-- Date: ______Department of Technology Services Name and Title of Signer (Type or Print) Date: ~~~~------Division of Finance ------AITACHMENT A STATE OF UTAH - DEPARTMENT OF TECHNOLOGY SERVICES, AGRC STANDARD TERMS AND CONDITIONS L COUNTY: The COUNTY shall have no authorization, express or implied, to hind the State of Utah or the above State Agency to any agreements, settlements. liability, or understanding whatsoever. unless herein expressly set forth. Persons employed by the STATE and acting under direction of the COUNTY shaH not be deemt.'d to be employees or agell1S of the STATE. 2. AUTHORITY: Provisions of this contraet are pursuant to the authority set tbrch in Sections 1-07 of the St.ate of Utah Accounting Policies and Procedures and any other relevant provisions of the STATE. 3, RENEGOTIATIONS OR MODIFICATIONS: This eontract way he amended, modified, or .,upplemented only by written amendment to the contract, executed by lbe parties hereto, and attached to the o~iginal signed copy of this contract. AGRC has no obligation lO perform any services 110t specified in the contract. 4. TERMINA nON: This contraet may be terminated. with or without cause, jn advanec of the speeified expiration date by either party, upon 30 days prior written notice being given to the other pany. On termination of this contract, COUNTY will make payment for all serviees rendered andlor eosts obligated to date of termiJJllUon, 5. CONTR.o\.Cf JURISDICTION: The provisions of [hi, eontract shall be governed by tbe laws of the State of Utah. 6. SEPARABILITY CLAUSE: The declaration by any court or other binding legal sour"" that ally provision of this contraet is illegal and void shall not affect the legality and enforecability of any other provision of Lhis contraet unless said provisions are mutually dependent. 7. INDEMNITY CLAUSE: The COUNTY agrees to indemnify, save Ilar,"le"" .nd relc'a5e the St.te of Utah and the State offieers, agents. and employees from and against any and all loss. damages, injury, liatliJity, suils. and proceedings arising out of the performance of this contract by lhe COUNTY. its oftieers, agents, volunreers, or employees. The STATE agrees to inderrmify, save harmless. and release the Utah County and the County officers, agents. and employees from and llgaiT15t any and all loss, damages, injury, JiabiJity. suits, and proceedings arising out of the performaI'lCe of this contract by the STATE, its officers, agent'S. volunteerS, or employees. 8. NONAPPROPRIATION OF FONDS: Contractual ",rvice obligation' of the STATE 10 he fulfilie 9. DATA: All data received or compiled by the STATE under this contract becomes the prapen)' of the State of Utah. Ace",", to and confidentiality of said data will be governed by the rules and procedures of the agency with whom the data originated when such rules are specified as an amendment to this contract. 10. DEADLINES: AGRC's agreement to all deadlines. and costs in this contract is contingent upon the COUNTY's performance of such aCLions as are instrumental to the completion of this contract. If the COUNTY fails to act in a timely malUler, AGRC may Opl to consider the contract terminated under the conditions of Paragrllph 4. 11. CONFLICTS: Conflicts. jf any, between AtlIlclunent A and any other attaclunentc; will be resolved in favor of Attachment A, Rev 12/03/03 ATTACHMENT B SCOPE OF WORK COUNTY PLSS AND GIS PARCEL PROJECT The State of Utah, Department of Tcchnology Services, Automated Geographic Reference Center, referred to as STATE, is distributing Legislative authorized grants to several counties, referred to as COUNTY, for furthering GIS work and the Public Land Survey System. The work to be performed is Cadastral Surveying and Mapping of Public Land Survey System section corners and/or enhancing the digital GIS Parcel Data Layer. 1. The grants arc awarded based on bid proposals, outlining a specific area of interest for the work to occur, and the scope of work for each county will be defmed in the bid. 2. The bid proposal for PLSS work will include a map created by the COUNTY outlining general areas the PLSS section corner data will be collected. 3. The bid proposal for GIS Parcel work will include a map created by the COUNTY outlining general areas the GIS Parcel data will be created. 4. The COUNTY agrees the survey work will be conducted by the COUNTY, or a contractor of the COUNTY, qualiflCd by the State of Utah licensing requirements and following the work requirement as outlined in this contract and its attachments. 5. The COUNTY agrees the GIS Parcel work will be conducted by the COUNTY, or a contractor of the COUNTY and the work will be done in accordance to this contract. 6. The STATE agrees the purpose of this program is to improve the quality of the Public Land Survey System, not necessarily focusing on the quantity of the section comers collected, but the quality of the work performed to find the true comer location. 7. The STATE agrees the purpose of this program is to improve the quality of the County GIS Parcel Layer and enhance the Statewide GIS Parcel Layer. 8. The STATE will work with the COUNTIES to determine an acceptable deliverable based on the difficulty of the area being worked in and other possible obstacles. 9. The COUNTY agrees to provide the following PLSS deliverables to the STATE according to the directions and requirements outlined in the contract and its attachments: • A map or sketch outlining a general area the corner data will be collccted ATTACHMENT B • A Monument Record Sheet for each point, submitted tluough the AGRC PLSS Comer Management web app. including all the required fields. The Surveyor Narrative of Evidence and the Surveyor Narrative of GPS Procedures as outlined in "Attachment C," will be included in the online fOIDl under Monument Description and Monument Notes. as outlined in "Attachment C" 1O. The COUNTY agrees to provide the following GIS Parcel deliverables to the STATE according to the directions and requirements outlined in the contract and its attachments: • Metadata - The metadata will be FGDC compliant for parcel data and include the process used to create the digital parcel dataset. • Parcel Outline (Polygon) - The polygon is the geographic extent of the parcel, the parcel boundaries fonning a closed polygon. • Parcel ID - A unique identifier for the parcel that is also used to tie other attributes ofthe parcel from additional database tables. • Owner Type - The type of ownership is the classification of owner. In some local governments tax parcels are tagged as either taxable or exempt and the owner classification is not known. In these cases an owner types oftaxable and exempt may be added to this list (tribal, federal, state, private). • Parcel Street (Site) Address - This is the street address (site address) for the parce\. If there is more than one, select the first or primary site address. • Structure - Yes or No. This can be taken from the tax roll table from the building field, square footage field Of any other field with B reference to a structure. • County Reeonler Contact Information - This is the Phone Number to the Office of the County Recorder. "Attachment C' Technical Direction for Acceptance and Analysis of Local Control Digital Data into BLM Cadastral Framework Introduction A critical element with creation of a standard statewide cadastral framework is integrating data/positions which are essential to the stakeholders of the data. This technical direction specifically addresses the integration of local control supplied by the counties of Utah. Recent experiences with ground truthing by BLM, County Surveyors and Private Surveyors has brought to light Questions regarding the reliability of the efforts to rehabilitate Public Land Survey System (PLSS) infrastructure. This work included not only remonumentation and GPS positioning observations of existent PLSS corners, but restoration of PLSS corners. Field returns in many cases have not distinguished whether rehabilitated PLSS corners are existent, obliterated, or restored by proportionate methods. The BLM and the State of Utah, Automated Geographic Reference Center (AGRej engaged in extensive training throughout the state to provide technical direction for county efforts with rehabilitating the PLSS infrastructure. The training identified BLM PLSS Corner Collection requirements along with BLM GPS collection methodology. In spite ofthe periodic training, the BLM has received local control deliverables which do not meet BLM PLSS Corner Collection requirements. This technical direction provides not only updated BLM PLSS Corner Collection requirements, but will also provide direction for integration of the local control position into the standard statewide cadastral framework. BLM PLSS Corner Collection Requirements BLM Cadastral Survey maintains the authority to conduct original surveys of the PLSS and continues to maintain authority to conduct resurveys of federal interest lands and PLSS corners which control the location of federal interest lands. In Utah, state licensed Professional Land Surveyors hold authority to conduct dependent resurveys of the PLSS. When conducting resurveys the evaluation of local control as identified in the Manual of Survey Instructions, found in chapter 6 guides both the BLM and local surveyor acceptance of local control. Critical to such acceptance is the ability to trace the local control to the original PLSS survey. Similarly, submission of digital data representing local control must meet the same standards for acceptance. BLM PLSS corner collection requirements are a compilation of three deliverables; Surveyor Narrative of Evidence, Digital Data for Inclusion into PLSS Control Database and Surveyor Narrative of GPS Procedures. Pag21 of 5 "Attachment e" Surveyor Narrative of Evidence Corner recovery notes are required to be filed by private surveyors as per Utah Code; 17-23- 17(7) (a). Clearly, corner recovery sheets differ from county to county, but their intent is the same; 11 requirement of the surveyor to provide evidence which traces local control to the original PLSS survey. The BLM PLSS Corner collection requirements regarding the surveyor's evidentiary narrative are: • Description of what was found should include: a Physical description nfthe monument and its accessories. o If monument is of recnrd provide: • Name and PLS # of surveyor responsible for setting monument, • Identify tracking # of the document of record. a If monument is not of record provide evidence supporting the decision to accept. • In the event that re-establishment of the monument is required: o Identify in narrative that remonumentatlon occurred to replace deteriorating existent monument. o Obliterated corners which are re-established require the narrative to include evidence to support decision that corner was in fact obliterated, as per Chapter 5, Section 9 through Chapter 5, Section 14 in the Manual of SUrlley Instructions. o Restoration of lost corners reqUires narrative to include the method used to restore the lost corn er, as per Chapter 5, Section 20 through Chapter 5, and Section 46 in the Manual of Survey Instructions. Digital Data for Inclusion within PLSS Control Database Most preferred deliverable of local control would be; a digital GCDB Measurement Management (GMM) Software control file, which is an antiCipated output format from the AGRC Surveyors Office application. Acceptable file formats for submission of local control data along with aforementioned include; excel spreadsheet, access database, Dr delimited, field specified ASCII text file. Required data fields follow: • Township Number & Direction and Range Number & Direction • Meridian • GCDS Point Identifier7refer to Existing GCDB dataset for correct Point Identifier • Status of PLSS comer monument7populate field with one of the following o Existent o Obliterated o Lost o Original 7 meaning previously unmonumented Section Subdivision "Attachment e" • Monument description -7 identifies SlJrveyor Narrative of Evidence document • Network Accuracy -7 As per 1M No. 2001-186, include units • Agency/PLS # of PLSS monument • Datum • State plane Projection • Northing • Easting • Horizontal Units • Latitude-7 Preferred Format: DDMMSS.SSSS • Longitude-7 Preferred Format: DDDMMSS.SSSS • Vertical Datum • Elevation • Vertical Units • Height • Geoid Model • Collection Method -7 identifies Surveyor Narrative of GPS Procedures document • Contact Name • Contact Phone Number • Collection Date Surveyor Narrative ofGPS Procedures The surveyor narrative of GPS procedures is fully described in the BLM, Instruction Memorandum No. 2001-186: Standards and Guidelines for Cadastral Surveys Using Global Positioning System Methods. This narrative shall be prepared and submitted to the project by the Professional Land Surveyor in responsible charge ofthe land survey project. Required elements of the narrative are summarized below: • Make and Model of the GPS receiver, Antenna, and related equipment. • A data collector report of all RTK field operations, including calibrations, duplicate point measure ments. • A processing generated report regarding the baseline processing results and the software and version number used. • A processing generated report regarding the Network adjustment results including a summary of covariance's, standard deviation or RMS values and the software and version number used. OPUS data sheet can satisfy this element • A network diagram, true line diagram or map showing the network configuration as designed. OPUS data sheet can satisfy this element P3gE' 3 ofS 'IAttachment en • A list ofthe HARN, CDRS or reference stations used in the survey, OPUS data sheet can satisfy this element • A list of coordinates by Pt Id including the datum, geoid model, epoch, and measurement units which are within same control network, • Local and Network Accuracies. Data Analysis and Acceptance of Local Control using GCDB Measurement Managemellt (GMM) Software GMM control file with all appended local control should have the comment field populated with the Agency Code found in Appendix A; GCpB Data Collection Attribute Definitions Version 2..0. Rejected control will remain in .con file, but will require an • in front of control entry. Local control positions of PLSS corner which do not control the location of federal interests will follow existing guidance found in Utah P&G, 2.006. The following guidance will only apply to local control positions of PLSS corners which control Federal interests: • Township.txt file requires listing all rejected control with accompanying comment as to reason for rejection, • Import of control using appended ,con file should occur as an inraw.exe operation, and should occur before deleting any existing control for same PLSS corner, o The import of control function found in the control maintenance subroutine of inraw.exe will list coordinate mismatch measurements, Coordinate mismatch of greater than 20 feet requires flagging local position for possible rejection. • If documentation that accompanies local control deliverable can substantiate that local PLSS corner position can be traced to the original PLSS survey. Remove flag and continue to use local position. • If documentation accompanies local control deliverable which cannot substantiate that local PLSS corner position can be traced to the original PLSS survey. Reject local position, • If GCDB point identifier (Pt Id) does not match PLSS Pt Id within existing GCDB dataset, then flag local position for possible rejection. o If documentation that accompanies local control deliverable can substantiate that local PLSS corner position can be traced to the original PLSS survey, then edit Pt Id to match existing GCDB dataset. Remove flag and continue to use local position. Page 4 of 5 "Attachment C" o If documentation accompanies local control deliverable which cannot substantiate that local PLSS corner position can be traced to the original PLSS survey. Reject local position. • Initial Least Squares Adjustment (LSA) of standalone townships will occur with local control allowed to float using the following assigned error estimates: • 1 ft - Local control positions which do not meet 1M # 2001-186 standards • .656 ft - Local control positions USing RTK method positioning which meet 1M # 2001-186 standards • .328 ft - Local control positions which meet 1M # 2001-186 standards for Control Network Accuracy o Results of LSA shows the local control position> 2X error estimate requires flagging the local position. • If documentation that accompanies local control deliverable can substantiate that local PLSS corner position can be traced to the original PLSS survey. Remove flag and continue to use local position. • If documentation accompanies local control deliverable which cannot substantiate that local PLSS corner position can be traced to the original PLSS survey. Reject local position. • Proceed as per existing Utah GCDB Collection Guidance. PageSots ATTACHMENT D ATTRIBUTES NEEUED FOR WEB APP. SURVEYOR NAME SURVEYOR LICENSE NUMBER COLLECTION DATE BLM POINT 10 NUMBER COUNTY MERIDIAN TOWNSHIP RANGE SECTION CORNER OF SECTION ACC1JR.ACY COORDINATES STA TE PLANE .PROJECTION NORTHING (meters) EASTING (meters) ELEVATION ( meters) LATITUDE LONGInmE ELLIPSOID HEIGHT (meters) VERTICAL DA TIJM NGS ADJUSTMEKT MONUMENT STATUS MONUMENT DESCRIPTION MONUMENT KOTES Photo (Map view of point in imagery or sketch like a tie sheet) Phcrto (Mcrnument area, phow taken of tripod over the point) Photo (Close-up of the monument) "Attachment E" How to Submit Corner Information I. Go To: http://mapserv.utah.gov/PLSS/ 2. Select "CANCEL" on the Zoom to County box in the center of the page. 3. Select "How to Submit Corner Information" in the lower right hand corner ofthe page. 4. Select "Register" 5. Create an account with all required information including your Surveyor License Number. (This information will be used to create the monument record sheets. please use a valid email address and enter your name as you would like to see it on the record sheets beginning with caps.) 6. Sdect "Register," it will complete your registration and take you back 10 the home page. (Notice: the upper righl hand corner says, "Welcome back: with your email address." This confirms you are logged in.) 7. In the Zoom to County box in the middle of the page "select a county" where you are submitting data then select "ZOOM" (N otice: if you select a county that has a web viewer for PLSS Tie sheets, a box appears stating this county has its own Cadastral Data web page along with a hyperlink to the county site.) 8. If the County Data box comes up select "Close," the County you selected is now outlined in yellow. 9. Use any of the Zoom to Location options to find the point you are looking for, or the zoom slide bar in the upper left side of the map with the up arrow to zoom in and the down arrow to zoom out. 10. Notice: the PLSS points are color coated according to the Legend. II. Select with your curser the point you want to submit data on. (Notice: the point you selected is marked with a yellow push pin.) 12. Select "Submit Corner Data" on the right hand side under corner information that takes you to the "Submit Section Comer Data" fonn. (Notice: The Submitted by, Surveyor License # and BLM Point Number are already filled out.) 13. Fill out all required fields. More information is better than less. 14. Once filled out select "S\lbmit". If successful a notification saying "'lbanks you, Your information has been submitl£d to the cadastral Section." 15. Select "DOWnload Fornl" to view the new Monument Record Sheet created from the information you have submitted. (Notice: you can print or save to your local computer for your won records.) 16. Close the Monument Record Sheet pdf. Select "Return to Home" and repeat steps 9·15 to submit another point. AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Consent Agenda Item: N TITLE: N. Ratifying Chair’s Signature on Letter of Agreement between Four Corners Community Behavioral Health, Inc. and Grand County Sheriff’s Office, Grand County Clerk and Grand County Attorney’s Office for Supporting Adult or Dependency Drug Courts FISCAL IMPACT: $49,000.00 PRESENTER(S): Chairman Ciarus RECOMMENDATION: Prepared By: I move to ratify the Chair’s Signature on a Letter of Agreement between Four Corners Community Behavioral Health, Inc. and Grand County KaLeigh Welch Sheriff’s Office, Grand County Clerk and Grand County Attorney’s Office for Council Office services provided by Grand County agencies and authorize the Chair to Coordinator sign all associated documents. BACKGROUND: The Grand County Sheriff’s Office, Grand County Clerk and Grand County Attorney’s Office have designated Four Corners Community Behavioral Health, Inc. as the mental health and substance abuse service provider. This FOR OFFICE USE ONLY: Letter of Agreement defines services and/or activities to be provided by these Attorney Review: Grand County Agencies according to the description in Attachment D and the terms and conditions as established by Four Corners Community Behavioral Health, Inc. Complete ATTACHMENT(S): 1. Letter of Agreement, Attachment A, B, and D (no attachment C) FCCBH Controct g 39 Fomily Drug Court it57 Felony Drug Court LETTER OF AGREEMENT 1. PARTIES; This LETTER OF AGREEMENTis between the Four Corners Community Behavioral Health, Inc., P.O. Box 857, Price, UT 84501, a Utah non profit corporation, hereinafter referred to as CORPORATION, and GRAND COUNTY Sheriff's Office, GRAND COUNTY Clerk and GRAND COUNTY Attorney's Office hereinafter referred to as GRAND COUNTY AGENCIES, 125 E Center Street, Moab, UT 84532,435-259-8115, Sheriff's Office non-emergency call number. 2. AGREEMENT PERIOD: This LETTER OF AGREEMENT is effective January 1, 2013 and terminates December 31, 2013, unless terminated sooner in accordance with the terms and conditions of this LETTER OF AGREEMENT. 3. GENERAL PURPOSE OF AGREEMENT; The Local Mental Health and Substance Abuse Authority in GRAND COUNTY AGENCIES have designated CORPORATION as the mental health and substance abuse service provider. This LETTER OF AGREEMENT defines services and lor activities to be provided by GRAND COUNTY AGENCIES according to the description in Attachment 0 and the terms and conditions as established by CORPORATION. 4. AMOUNT; The CORPORATION agrees to pay GRAND COUNTY AGENCIES a fee for services provided by these offices for Drug Court clients according to the definitions set forth in this LETTER OF AGREEMENT and other as specified in attachments. GRAND COUNTY AGENCIES sha~~r ali services provided and associated reports as specified' . ; 5. MUTUAL CONSENT, ACCEPTANCE AND TERMINATION; The GRAND COUNTY AGENCIES represent itself to be committed to the general purposes of the contract, to supporting adult or dependency drug courts in GRAND COUNTY AGENCIES and to be qualified and willing to provide services and maintain required documentation. Either party may terminate this LETTER OF AGREEMENT by sending written notice to the other party at least thirty (30) days in advance of the desired termination date. 6. TERMS AND CONDITIONS: GRAND COUNTY AGENCIES must comply with all applicable state and federal statutes, regulations, executive orders, and policies. CORPORATION and GRAND COUNTY AGENCIES agree that all information, records, and data collected in connection with this LETTER OF AGREEMENT shall be protected from unauthorized disclosure. Access to such information shall be limited to persons who, or agencies which, require the information in order to perform their duties in accordance with this LETTER OF AGREEMENT. 1 7. ATTACHMENTS INCLUDED AS PART OF THIS LETTER OF AGREEMENT: o Attachment A: Terms and Conditions: o Attachment B: FinanciaiSUpulations o Attachment C: Budget 8. DOCUMENTS INCORPORATED INTO THIS LETTER OF AGREEMENT BUT NOT ATTACHED: a) All documents specified in any attachment to this Agreement. b) All other governmental laws, regulations, or actions applicable to services. 2 ATIACHMENT A TERMS AND CONDITIONS: I. GRAND COUNTY AGENCIES snail not discriminate against any person on the basis of race, color, sex, religion, ancestry, national origin, age, disability or pregnancy or childbirth. GRAND COUNTY AGENCIES shall also comply with the Utah Civil Rights Act (Sections 13-7-1 through 13-7-4 of the Utah Code.) II. GRAND COUNTY AGENCIES shall comply with state and federal laws and regulations that prohibit unlawful harassment in the workplace and shall maintain a drug-free workplace. III. GRAND COUNTY AGENCIES represent that there is current compliance with applicable licensing standards and other requirements and applicable ordinances; and that there will continue to be compliance with above. IV. GRAND COUNTY AGENCIES ARE responsible to initiate communication needed to clarify any aspect of the LEHER OF AGREEMENT and I or required reports or meetings. 3 ATTACHMENT B FINANCIAL STIPULATIONS 1. CORPORATION agrees to pay GRAND COUNTY AGENCIES the amount specified in Attachment D for services rendered under this LEITER OF AGREEMENT. II. GRAND COUNTY AGENCIES agree to provide CORPORATION with documentation lists and records as 5p~cified. III. January 1, 2013 through June 30, 2013, GRAND COUNTY AGENCIES agree to specify the following for amounts billed under salary, fringe, fuel, phone, supplies and uniform. The employee name, amount paid and fringe will be included on billing documentation. IV. GRAND COUNTY AGENOES agree to submit billings no more than quarterly to FCCBH, Inc. P.O. Box 867, Price, UT 84501, for amounts expended according to Attachment D. V. Remittance shall be made within thirty days of receipt of billings from GRAND COUNTY AGENCIES VI. The total of all billings under this LETTER OF AGREEMENT shall not exceed the budgeted amount for this period (see attachment D). 4 AlTACHMENT D Budget CY 2013 January 1, 2013 through June 30, 2013 $17,000 This includes a portion of wages, uniform & fringe for Grand Co. deputy/tracker/case manager per Grand Co. salary schedule. Fuel and Vehicle related expenses, supplies, for Drug Court program, phone. January 1, 2013 through June 30, 2013 Drug Testing Supplies ~J/ July 1, 2013 through December 31,2013 Drug Testing SUPPlies//tt7fw To be billed quarterly 1.j'i..{1 5 FCCBH FOUR RNERS COMMUNITY BEHAVIORAL HEALTH SIGNATURES; , CORPORATION Date Karen Dolan LCSW CEO Four Comers COmmunity Behavioral Health, Inc. UNTY REPR~ATIVES ~/. ~·~·~~~.~~7"~.----~~~~~~ Date Date 6 AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Consent Agenda Item: O TITLE: O. Ratifying Chair’s Signature on Intergovernmental County Jail Agreement between Grand County Sheriff and the Utah Department of Corrections FISCAL IMPACT: $174,945.00 revenue PRESENTER(S): Chairman Ciarus RECOMMENDATION: Prepared By: I move to ratify the Chair’s signature on the Utah Department of Corrections Intergovernmental County Jail Agreement and authorize the Chair to sign KaLeigh Welch all associated documents. Council Office Coordinator BACKGROUND: (435) 259-1346 The general purpose of this agreement is to provide for the incarceration of offenders specified by, and under the jurisdiction of the Utah Department of Corrections (UDC) at the Grand County Jail. The contract period is effective July 1, 2013 and the termination date is June 30, 2016, or until canceled as provided in the agreement. The fiscal year revenues are estimated to be FOR OFFICE USE ONLY: $174,945. Attorney Review: ATTACHMENT(S): 1. Intergovernmental County Jail Agreement (with attachments A, B, C; None requested attachment D “Minimum Jail Standards” is available for review in the Council’s Office. UTAH DEPARTMENT OF CORRECTIONS INTERGOVERNMENTAL COUNTY JAIL AGREEMENT NUMBER ___ 1. CONTRACTING PARTIES: This agreement is made and entered into pu rsuant to Title 11, Chapter 13, Utah Code Annotated 1953 as amended, commonly referred to as "Interlocal Cooperation Act," by and between the Utah Department of Corrections (hereafter, "UDC"), 14717 S. Minuteman Drive, Draper, Utah 84020, and: NAME: GRAND COUNTY SHERIFF LEGAL SlATUS OF CONTRACTOR ADDRESS: 125 East Center [ I Sale Proprietor Moab, UT 84532 [ I Non- Profit Corporation TELEPHONE: (435) 259-8115 [ I For-Profit Corporation [ I Partnership [Xl Government Agency Hereafter referred to as "COUNTY" or "CONTRACTOR" both being public agencies in the State of Utah. UDC ACCOUNTING INFORMATION Object Vendor Num ber Commodity Code 7115,6137,6244 2271DH 96120 2. GENERAL PURPOSE OF AGREEMENT: To provide for the incarceration of offenders specified by, .nd under the jurisdiction of UDC at the GRAND County Jail. 3. PROCUREMENT: This contr.ct is entered into as an intergovernmental agreement. 4. CONTRACT PERIOD: Effective Date July 1, 2013. Termination Date June 30,2016, or until canceled as provided herein, subject to appropriation of funds as set forth in the "NonappropriatiOn of Funds" clause, Attachment A, Paragraph 25. This contract contains an option for a year-to-ye.r renewal for up to one additional year. 5. CONTRACT COSTS: COUNTY will be paid a maximum of FIVE HUNDRED TWENTY FOUR THOUSAND EIGHT HUNDRED THIRTY FIVE DOLlARS [$524,835.00) for costs authorized by this contract. Fiscal year cost is estimated to be ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED FORn' FIVE DOLLARS ($174,945.00). The COUNTY is not guaranteed the maximum amount over the term of this fee for servfce contract. 6. ATIACHMENT A: State of Utah Terms and Conditions - Government Entity ATIACHMENT B: Utah Department of Corrections Sl 7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATIACHED: a. All other government.llaws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah St.te Procurement Code, Procurement Rules. Page 1 of 9 UDC CONTRACT SIGNATURE PAGE INTERGOVERNMENTAL COUNTY JAIL AGREEMENT NUMBER _____ IN WITNESS WHEREOF,the parties sign and cause the contract to be executed, CONTRACTOR UTAH DEPARTMENT OF CORRECTIONS Rollin Cook, Executive Director / Date Utah Department of Corrections UTAH STATE APPROVING AUTHORITIES IV/A Irrtergovemmerrtal Agreement Utah Division of Purchasing I Date Utah Division of Finance / Date UDC Originating Division: Inmate Placement Program Contract Description: To provide for the incarceration of offenders specified by, and under the jurisdiction of UDC at the GRAND County Jail. UDC Point of Contact: Glenn Ercanbrack, Director, Inmate Placement Telephone (801) 545-5559, Fax (801) 545-5676, [email protected] (Revision OS/2013) Page 20f9 ATTACHMENT A: STATE OF UTAH TERMS AND CONDITIONS FDR PROFESSIONAL SERVICES (For Government Entitie,) 1. AUTHORITY: Provisions of this contract ("Contract") are pursuant to the authority;et forth in 63G-£, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved pun:hases for the State. Z. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this Cont ractshall be governed bV the law, oltheState of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah fa r any dispute arising out ofthi, Contractorthe breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: The person or entity contracting with the State under this Contract I"Contractor") and any and all supplies, services, equipment, and construction furnished under this Contract will complvfullvwith all applicable Federal, and State, and local laws; codes, rules, regulations, and ordinances, including applicable licensure and certification requirements. 4. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of, all records necessary to properlv account for the payments made to the Contractor for costs authorized bV this Cant ract. These records shall be retained bV the Contractor for at least four years after the Contract terminates, or until all audits initiated w'lth'ln the four years, have been completed, whichever is later. The Contractor agrees to allow State and Federal aud itors, and State Agencv staff, access to all the records to this Contract; for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 5. TIME: The Contractor shall complete the scope of services work in a mannerto achieve any milestones identified in the procurement documents related to this Contract and the attachment, to this Contract. The lull scope of services work shall be completed bvanv applicable deadline stated in the solicitation. 6. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence and Contractor ,hall be liable for all damages to the State of Utah and anyone for whom the State of Utah may be liable, a, a result of the failure to timely complete the scope of work required under this Contract. 7. PAYMENT: 7.1 Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received~ whichever is rater. After 60 days from the date a correct invoice is recerved by the a ppropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarlv as the requirements of Utah Code Annotated Section 15-£-3. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. 7.2 The contract total may be changed onlv bV written amendment executed bV authorized personnel of the parties. Unless otherwise stated in the Contract, all payments to the Contractor will be remitted bV mail, electronic funds transfer, or the State of Utah's purchasing card Imajor credit cardl. 7.3 The acceptance bvthe Contractor affinal payment without a written protest flied with the State within ten (10) working days of receipt affinal pavmentshall release the State from all claims and aliliabilitvto the Co ntractor for fees a"d costs of the performance of the services pursuant to this Contract. 8. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon earlv payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment DiscountTerms on invoices. The prompt pavmeMdiscount will applV to payments made with purchasing cards ane! checks. The date from which discounttime is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that iftesting is performed, the date will be the date of acceptance of the merchandise. 9. CHANGES IN SCOPE: Anv changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed bV dulV authorized rep res entatives of both parties, specifying any such changes~ fee adjustments, any adjustment in time of performance, or any other significant factor.!. arising from the changes in the scope of services. Page 3 of 9 10. DOCUMENT OWNERSHIP: Contractor agrees that any work/services and all Deliverables prepared for State, to the extent to which it is eligible under copyright law in any county, shall be deemed a work made for hire, such that all right, title and interest in the work and Deliverables reside with the State. To the extent any work or Deliverable is deemed not to be, for any reason whatsoever, work made for hire, Contractor agrees to assign and herebY assigns all right, title, and interest, including but not limited to, copyright, patent, trademark, and trade secret, to such work and Deliverables, and all extensions and renewals thereof, to the State. Contractor further agrees to provide all assistance reasonably requested by State in the establishment, preservation and enforcement of its rights in such work and deliverabiesl or subsequent amendments or modifications to such work and defiverables, without any additional compensation to Contractor, Contractor agrees to waive, and hereby, to th eextent permissible, waives, all rights relating to such work and dellverables, or subsequent amendments or modifications to su<:h work and deliverables, including without limitation any and all rights of identification of authorship and any and all rights of a pproval~ restriction or limitation on use. 11. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as J(E-verify/I only applies to contracts issued through a Requestfor Proposal process, and to sole sources that are included YJithin a Request for Proposal. It does not apply to Invitation to Bids nor to the Multi-Step Process. 11.1 Status Verification System (1) Contractor certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status ofthe Contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws including Utah Code Ann. Section 63G-12-302. {2) The Contractor shall require that the following provision be placed in each subcontract at every tier: "The subcontractor shall cenify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including Utah Code Ann. Section G3G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform th e work."'" {3) The State will not consider a proposal for award, nor will it make any award, wh ere there has not been compliance with this Section. {4) Manually or electronically signing the Proposal is deemed the Contractor's cenification of compliance with all provisions of this employment status verification cenification required by all applicable status verification laws, including Utah Code Ann. Section 63G- 12-302. 11.2 Indemnity Clause for Status Verification System Contractor {includes, but is not limited to any Contractor or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be Ifabl e for, against any claim} damages or liability arising out of or resulting from violations of the above Status Verification System Secti-on whethervi-olated by employees, agents, or contractors of the following: (a) Contractor; (b) Contractor's subcontractor or subconsultant at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. 12. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers{lr employees oftheStateofUtah, unless disclosure has been made in accordance with Section 67-16-8, Utah Code Annotated, 1953, as amended. Contractor also represents that it has no conflict of interest in performing the services for the State under this Contract, unless such conflict of interest has been disclosed to the State and approval to proceed, notwithstanding the conflict, has been obtained from the State in writing. 13. CONTRACTOR AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements... fiability, or understanding whatsoever~ and agrees notto perform any acts as agentiortheState, except as herein expressly set forth. Compensation stated herein shall bethe total amount payable to the Contractor by the State. The Contractor shall be responsible for the payment of all income tax and Social Security amounts due as a result of payments received from the State for these Contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employe,,, or agents of the Contractor. 14. INDEMNITY CLAUSE: Both parties to this agreement are governmental entities as defined in the Utah Governmental Immunity Act (Utah Code Ann. 63G·7-101 et. seq.). Nothing in this agreement shall be construed as a waiver by either orboth parties of any rights, limits, protections or defenses provided by the Act. Nor shall this agreement be construed, with respect to third parties, as a waiver of any governmental immunityto which a party to this agreement is otherwise entitled. Subjectto and consistent with the Act, each party will be responsible for its own actions and will defend against any claims or lalNsuit brought against it. There are no other indemnity obligations between these parties. Page 4 of 9 15. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions ofTitle VI and VII olthe Civil Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agree~ to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which proh ibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibitssexual harassment in the work place. Contractor also agrees to abide by any laws and policies of the State of Utah regarding any of the above mentioned prohibitions in this paragraph. 16. PERFORMANCE EVALUATION: The State of Utah may conduct a performance evaluation of the Contractor's services, including specific personnel of the Contractor. References in the Contract to Contractor shall inc lude Contractor, Contractor's subcontractors, or subconsultants at any tier, if any. Results of any evaluation will be made available to the Contractor. 17. WAIVERS: No waiver by the State or Contractor of any default shall constitute a wai"er of the same default at a later time or of a different default. 18. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal authority, that any provision olthis Contract is illegal and void shall not affect the legality and enforceability of any other provision of this Contract, unless the provisions are mutually dependent. 19. RENEGOTIATION OR MODIFICATIONS: This Contract may be amended, modified, or supplemented only by written amendmentto this Contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of this Contract. Automatic renewals will not apply to this Contract. 20. SUSPENSION/DEBARMENT: The Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract), by any governmental department or agency in the United States, including any federal, s1ate or local agency. If the Contractor cannot certify this statement, attach a written explanation for review by the State. The Contractor must notify the State Director of Purchasing within 30 days if suspended or debarred by any governmental entity duri ng the Contract period. 21. TERMINATION: 21.1 Unless otherwise stated in the Additional Terms and Conditions of the State of Utah, if applicable, this Contract may be terminated, with cause by either party, in advance ofthe specified termination date, -.Jpon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which this Contract may be terminated for cause. This Contract may be terminated without caus €, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 21.2 In the event of such termination, the Contractor shall be compensated for services properly performed under this Contract up to the effective date of the notice of termination. The Contractor agrees that in the event of such termination for cause or without cause, Contractor's sole remedy and monetary recovery from the State is limited to full payment for all work properly performed as authorized under this Contract up to the date of termination as well as any reasonab~e monies owed as a result of the Contractor having to terminate contracts necessarily and appropriately entered into by the Cont ractor pursuant to this Contract. Contractor further acknowledges that in the event of such termination, all work product, which in cludes but is not limited to all manuals, forms, contracts, schedules, reports, and any and all documents produced by Contractor underthis Contract up to the date oftermination are the property of the State and shall be promptly delivered to the State. 22. INSURANCE: 22.1 To protect against liability, loss and/or expense in connection with the performance of services described under this Contract, the Contractor shall obtain and maintain in force during the entire period of this Contr act without interruption, at its own expense, insurance as listed below from insurance companies authorized to do business in the State of Utah and with an A.M. Best rating as approved by the State of Utah Division of Risk Management. 22.2 The following are minimum coverages that may be supplemented by additional requirements contained in the solicitation for this Contract or provided in an Attachment to this Contract: Page 5 of9 (1) Worker's Compensation Insurance and Employers' Liability Insurance. Worker's wmpensation insurance shall cover full liability under the worker's compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. (2) Professional liability insurance in the amount as described in the solicitation for this Contract, if applicable. (3) Any other insurance described in the solicitation for this Contract, if applicable. 22.3 Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for its own protection or on account of any statute, rule, or regulation shall be its own responsibility, and shall be provided at Contractor's own expense. 22.4 The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other responsibility or liability under this Contract or any applicable law, statute, rule, reglliation, or order. 23. STANDARD OF CARE: The services of Contractor and its subcontractors and subconsu Itants at any tier, ifany, shall be performed in accordance with the standard of care exercised by licensed members of their respecti ve professions having substantial experience providing similar services which similarities include the type, magnitude and complexity of the services that are the subject of this Contract. The Contractor shall be liable to the State of Utah for claims, liabilities, additional burdens, penalties, damages or third party claims (i.e. another Contractor's claim against the State of Utah), to the extent caused by wrongful acts, errors or omissions that do not meet this standard of care. 24. STATE REVIEWS, LIMITATIONS: The right of the State to perform plan checks, plan revi ews, other reviews and/or comment upon the services of the Contractor, as well as any approval by the State, shall not be construed as relieving the Contractor from its professional and legal responsibility for services required underthis Contract. No review by the State or any entity/user, approval or acceptance, or payment for any of the services required under this Contract shall be construed to operate as a waiver by the State of any right under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the wrongful acts, errors and/or omissions of the Contractor or its subcontractors or sub consultants at any tier, if any. 2S. NON APPROPRIATION OF FUNDS: The Contractor acknowledges that the State cannot contract for the payment offunds not yet appropriated by the Utah State Legislature. If the Legislature does not appropriate fllnds for paying the State's obligations on this Contract, or if funding to the State is reduced due to an order by the Governor, or i,. required by State law, or if Federal funding (when applicable) is not provided, the State may terminate this Contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice to Contractor. If this Contract is terminated, or services and purchase obligations are reduced due to nonappropriation of funds or reduction in funding, as described in the preceding sentence, the State will pay Contractor for services properly performed, and will reimburse Contractor for expenses incurred, as authorized under this Contract, through the date of cancellation or reduction, and this payment shall be Contractor's sale remedy, and the State will not be liable for any future commitments, penalties, or liquidated damages. 26. SALES TAX EXEMPTION: The State of Utah's sales and use tax exemption number is 11736850-010-STC, located at http://purchasing.utah.gov/contract/documents/salestaxexemptionformsigned.pdf. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity's essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the Contract. 27. PUBLIC INFORMATION: Contractor agrees that this Contract, related sales orders, and invoices shall be public documents, and shall be available for distribution. Contractor gives the State express permission to make copies 61th is Contract, related sales orders, and invoices in accordance with the State of Utah Government Records Access and Man agement Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor's response to the solicitation, if applicable, will be a public document, and copies may be given to the public under GRAMA laws. This permission to make copies as noted will take precedence over any statements of confi dentiality, proprietary information, copyright information, or similar notation. 28. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this Contract. 29. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of the Sta teo Page 6 of 9 30. DEFAULT AND REMEDIES: 30.1 Any of the following events will constitute cause for the State to declare Contr actor in default of this Contract: (1) Nonperformance of contractual requirements; or (2) A material breach of any term or condition of this Contract. 30.2 Should Contractor be in default under any of the provisions under Subsection 30.1 above, the State will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportu nity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains aher Co ntractor has been provided the opportunity to cure, the State may do one or more of the folloWing: (1) Exercise any remedy provided by law; (2) Terminate this Contract and any related contracts or portions thereof; (3) Impose liquidated damages, if liquidated damages are listed in the Contract; or (4) Suspend Contractor from receiving future solicitations. 31. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this Contract aher determining such delay or default will reasonably prevent successful performance of this Contract. 32. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution) loan or reward, or any promise thereof to any person acting as a procurement officer on behalf ofthe State, orwho in any official capacity participates in the procurement of such supplies, services, constru ction, or insurance; whether itisgiven for their own use or for the use or benefit of any other person or organization (G3G·6·1002, Utah Code Annotated, 1953, as amended). 33. CONFLICT OF TERMS: In order for any terms and conditions of the Contractor to apply to this Contract, they must be in writing and attached to this Contract. No other terms and conditions of the Contractor will apply to this Contract, including terms listed or referenced on a Contractors webSite, terms listed in a Contractor quotation/sales order, etc. In the event ofany conflictln theterms and conditions in the Contract, the order of precedence shall be: (1) Attachment A: State of Utah Terms and Conditions; (21 State of Utah Contract Signature Pagels); (3) Additional Terms and Conditions of the State of Utah; (4) Terms and Conditions of the Contractor, if any. 34. ENTIRE CONTRACT: This Contract including all attachments and documents incorporated hereunder. and the related State solicitation documents, if any, constitutes the entire Contract between the parties with respect to the subject matter, and supersedes any and all other prior and contemporanecus agreements and underst..,dings between the parties, Whether or.1 or written. The terms of this Contract shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor'swork plans, cost estimate forms, receh/ingtFckets, Invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even ifsuch standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the termsofthis Contract shall prevail in any dispute between the terms of this Contract and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written C!lmendments of this Contract. 35. DISPUTE RESOLUTION: In the event of any dispute under this Contract prior to any filing in any judicial proceedings, the parties agreeto participate in good faith in the mediation of the dispute. The State, aher consultation with the Contractor, may appoint an expert or panel of experts to assist in the resolution of the dispute. If the State a ppoints such an expert or panel, State and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. (Revision date: 16 Jan 20131 (End of Attachment A) Page 7 of9 ATIACHMENTB UTAH DEPARTMENT OF CORRECTIONS STANDARD TERMS AND CONDITIONS 1. ASSIGNMENT AND DELEGATION: Neither party ,hall assign any right or delegate any duty under this contract without the express written and signed consent ofthe other party. 2. ATTORNEY'S FEES: If either party brings an action, in law or equity, to compel the periormanceof, or to reCOver for the breach oC any 19reement, covenantl or promise contajned in this contract, the non-prevailing parry shall pay the prevaflfng party's reas::lnable attorney's fees, the amount of any judgment, and all cost.s incurred, 3. CONIRACT FORMATION: No legally enforceable rights or duties shall arise between the parties under this contract until: (a) the respective representatives of CONTRACTOR and UDC sign the contract; and (b) the contract is approved and signed by the respective rep resentatives of the UDC Office of Administrative Services, the UDC Bureau of Financial Services, and the State of Utah's Divisions of Purchasing and Finance. 4. CONTRACTOR ACCESS TO UDC FACILITIES: UDC shall have the right to deny CONTRACTOR'S agents and employees - or the agents and employees of its SUBCONTRACTORS {if anyJ~...1ccess to any premises controlled! held, leased, or occupied by UDC if, in the sole judg~ent of UDC, such personnel pose a threat to any of UDC legitimate security Interests. Contractor will submit to all security checks that UDC deems necessary; inclLlding, but not limited to, searches of person and equipment. No one under the age of 18 will be allowed on property. 5. CRIMINAL CON Vl CTJ ON INFORMATION: Upon written request by UDC, CONTRACTOR shall provide (at CONTRACTOR'S expense) UDCwith sufficient personal information about its agents or employees--and the agents and employees of its SUBCONTRACTORS (if any)-who will enter upon premises controlled, held, leased, or occupied by UDC during the course of perforrning this contract so as to facilitate a criminal record check, at UDC expense, on such personnel by UDC. 6. FORMER FELONS I MISDEMEANANTS: CONTRACTOR, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees--or the agents or employees of its SUBCONTRACTORS [if any)~~who have been convicted of a felony or two {2} or more rnisdemeanors to enter upon any premises controlled, held, leased, or occupied by UDC. A gi\ien crime shall be deemed a felony if defined 3S such by thejurbdinion where the conviction occurred. Any requests for exceptions shall be submitted-in writing through the appropriate chain of command--to the Division Directors, who shall make the final decision. 7. INTEGRATION; The parties declare this contract to be the final and complete expression of their agreement, and it shall not be contradicted, supplemented, or v;:.ried by any prior or contemporaneous oral or written agreements, representations, or understandings. No modifications of this agreement will be binding on either party, unle!Js made in writing and signed by persons autflorized to sIgn agreements on behalfof the CONTRACTOR and UDC. 8. NON-APPROPRIATION OF FUNDS: UDC's continued performance after the start althe State of Utah's next fiscal year is .xpressly cont ngent upon funds for this contract being appropriated, budgeted, or othel"lNise made available. If fLinds are not made. availa ble for the nelCt fiscal years, this contract will automatlcally terminate at the end ofthe current fiscal year. 9. QCCUPATIONALSAfEri ANO HEALTH: (This clause will be considered a part of this contract only if required by law, rule, or regu ation). CONTRACTOR represents that it is in compliance with Occupational Safety and Hea'th Administration (OSHA) standard, on blood borne pathogens set forth in 29 CFR 1910.1030, for any of the CONTRACTOR'S employees who provide services to UDC pursuant to this contract. 10. PARAGRAPH AND SECTION HEADINGS: Paragrap' and section headings throughout this contract are used for the sole purpose of facilitatlng the quick location of various contract provisions. Consequently, such headings. do not create contractual rights or obligations, nor are they to be construed as a substantive part of the paragraphs or sectIons to which they belong. 11. PUBUC ACCESS TO CONI/IACT INFORMAnON: This contract is a public document, and both CONTRACTOR and UOC shall allow members of the general public to inspect a copy of the same during their regular business hours. Interested parties may obtain a copy of this contract at their own expense. 12. MONITORING AND REVIEW OF CONTRACT/AGREEMENT: UDC, either itself or through a designated third-party, will monitor and revisv CONTRACTORS delivery of services and compliance with the contract/agreement. Monitoring shall include, but not be limited to, verification that specified duties are being properly performed, that appropriate documentation exists, that charges submitted are properly substantiated, and that payments are rnade in accordance with agreement costs, Monitoring of CONTRACTOR'S records related to this contract/agreement may be performed with or without prior notification by UDC or its desi€nee. 13. IMIVLlNITY ACT: No Provision ofthis contract shall be construed to bring contr~ctors or their agents, employees, or subcontractors (if any) within the coverage olthe Utah Governmental Immunity Act, Utah Code Annotated § 63G-7-101 et seq. Page8of9 14. WORKERS' COMPENSATION: CONTRACTOR shall be responsible to provide Workers' Compensation Insurance for itself and its agents and/or emplovees or the agents and emplovees of its subcontractor. Contra (tor will defend, indemnify, and hold UDC harmless. from any claim or liability arising out of CONTRACTORS 1 or its agents' and/CJr employees' workers' compensation claims or its SUBCONTRACTORS' employees' and/or agents' worker's compensation claims. 15. CONTRACTOR IS AN INDEPENDENT CONTRACTOR: CONTRACTOR acknowledges and agrees that it is providing its services and the services performed by its employees and/or agents as an independent contractor and not as an employee of UDC orthe State of Utah, CONTRACTOR acknowledges and agrees that it is not entitled to any benefits, wages, or rights to which employees of UDC are entitled, including but not limited to retirement, medical/dental! leave, ancl overtime benefits. As an independent !;.Qntractor. CONTRACTOR is solely respon_'5ible to pay appropriate federal and state taxes. FICA and FUTA on payments received by ,land its employees and/or agents. CONTRACTOR agrees to indemnify UDC for all losses arising out of CONTRACTOR;S or SUBCONTRACTORS' tax liabilities, including any and all pen~.lti!?~L.~.~sessments< and/or claims against UDL 16. WAIVER OF CLAIMS: CONTRACTOR and/or his agents/employees expressly aod knowingly waive(s) any claim to wages, employment benefits and/or rights entitled to employees of UDC By waiving its claims, CONTRACTOR agrees that neither it nor its employees/agents will file claims for wages and/or employment benefits entitled to employees of UDC, including but not limited to claims arising under the Federal labor and Standards Act (FLSA) and/or St~te employment laws. CONTRACTOR agrees to indemnify, defend, and hold the UDC harmless against claims for employee wages, benefits, and/or rights otherwise entitled to employees of UDC. ]7, CONFIDENTIALITY: CONTRACTOR hereby agrees, as to any records or records series provided to CONTRACTOR by the Utah Department of Corrections {UDq which are classified pursuant to the Utah Government Records and Management Act (GRAMAJ as "private." "controlled/' or "protected/' that CONTRACTOR is subject to the same GRAMA restrictions on disclosure by CONTRACTOR of such records or record series as is UDL CONTRACTOR further agrees that any such record or record series requested are necessary for the performance of CONTRACTOR'S COrltract with UDC; that the CONTRACTOR 1S use of the records or record series produces a public benefit that outweighs the individual privacy right th at protect the records or record series; that the records or record series will only be used for the performance of the contract with UDC; that the records or record series wHl not be disclosed to any other person; and that the records or record series will not be used for advertising or solicitation purposes. 18. Contractor understands that any person who Intentionally discloses, provides a copy of, or improperly uses such records 0 r record series, knowing that the disclosure is prohibited, is guilty of a class B misdemeanor. 19. CONTRACTOR TRAINING: All CONTRACTOR'S offic.ers, employees, subcontractors, a gent5, or volunteers, providing services pertaining directly to this contract, shall successfulty complete orientation or a traini ng session offered by UDC prior to contract implementation. 20. CUSTODIAL SEXUAL MISCONDUCT: Utah Statute 76-5-412 prohibits sexual contact to a person in custody by an employee, private proVider, or CONTRACTOR for the Utah Department of Corrections. A violation of this statute could result in a felony or a misdemeanor conviction, Consent of the person in custody is not a defense to anyviolation or attempted violation of this statute. CONTRACTOR must provide written notice of Utah Code Annotated §- 76-5-412 to any employees having contact with offenders pursuantto this contract. 21. In addition, the Utah Division of Occupational and Professional Licensing (DOPL) is legislatively responsible to irlvestigate complaints regarding the conduct of individuals practicing in regulated occupations and professions. DOPL may be notified of violations of conduct for those UDC CONTRACTORS who are licensed under DOPL Refer to Title 58 of the Utah Code and Title R156 of the Utah Administrative Code for details, 22. RESEARCH I EXPER1MENTS: Any research or experiments including offenders must be approved by the Departmental Review Board. Sociological/psychological research or experiments including offenders unde r the jurisdiction of UDC requires prior written approval of the Division Director/designee and written, informed, and 'Yoluntary consent from each offender included. Revised May 2009 ------ENO OF ATTACHMENT B------ Page 9 of 9 ATTACHMENT C ADDITIONAL CONTRACT-SPECIFIC TERMS 1. Basic Custodial Management Costs: COUNTY shall house "state inmates" (as that tenn is defined by the Utah Code Annotated § 64-l3e-1 02(6») at COUNTY's jail at the "final state daily incarceration rate" (as that tenn is defined by Utah Code Annotated § 64-I3e-I02(5», which is established for each fiscal year by thc lJtall State Legislature in the annual appropriations fll,1. The day that a state inmate is transferred to COUNTY's jail shall be considered a full day for purposes of calculating payment due to COUNTY under this contract. COUNTY shall not be paid for the day that a state inmate is moved from COUNTY'sjail. 2_ Payment: COUNTY shall submit a billing statement to UDe by the IOu, of each month for services provided under this contract during the previous month. The bill shall be itemized to include the number of days state inmates were housed in COUNTY's jail during the month, and medical/dental costs, haircut costs, and other authorized expenses incurred by COUNTY for state inmates as well as identifying the inmate by name and UDC Offender Number. The bill shall be sent to the IPP Director at 14717 S. Minuteman Drive Draper, Utah 84020. UDC shall pay, or cause to be paid, all bills in accordance ",ith the Utah Prompt Payment Act, Utall Code Ann. 15- 6-I et seq. 3. Number of State Inmates: Up to 10 state inmates may be housed in COUNTY's jail at any given timl.', subject to COUNTY's need to use such space for county inmates. UDC may, at its discretion, unilaterally decrease the number of state inmates being housed in COUNTY's jail at a given time. 4. UDC Point of Contact: The IPP Director shaH be COUNTY's point of contact with uoc. All routine correspondence shall be sent to the IPP Director at 1471 7 S. Minuteman Drive Draper, Utah 84020. 5. Emcl1!cncy Notifications: In the event of an escape of a state irunate from COUNTY'sjail, COUNTY shaH provide immediate notification upon learning of the escape to Control One at the Utah State Prison. Control One can be reached by calling (801) 576-7001. COUNTY shall also malo: reasonable efforts to contact the local IPP Captain. COUNTY shall notily Control One at the Utall State Prison as soon as reasonably possible of any state inma1l.' dl.'aths, emergency medical incidents, or violent incidents involving state inmates. COUNTY shall also notily Control One at the Utah State Prison as soon as reasonably possible of any events involving non-state inmates affecting sali~ty and security of COUNTY's jail. COUNTY shall have full authority over state inmates in COUNTY's jail in the event of exigent circumstances involving civil or natural disasters, including. but not limited to floods, earthquakes, weather related emergencies, etc. COUNTY shall notify Control One at the Utah State Prison of any such emergency as soon as reasonably possible. 6. UDC Access: UDC representatives shall have access to COUNTY's jail and any state inmates housed therein 24 hoUTs a day, seven (7) days per week, to include both announced and unannouncr:d visit~. COUNTY shall allow UDC representatives to review or inspect COUNTY's jail at any time, with or without notice. UDC inspections may occur any time, but it is understood and agreed by each party that UDC docs not thereby become responsible for any failure on the part of COUNTY to maintain appropriate standards. it being the intent of this contract that COUNTY retain full responsibility for mr:cting such standards. Inspections will assure that standards of care and discipline are carried out in accordance with the tenns of this contract and the [JOC Minimum Jail Standards, which were developed by (JOC in partnership with the Utah Sheriff s Association. A copy of the UOC Minimum Jail Standards is attached herL'1o as Attachment D and is incorporated hcrein by reference. CO~TY acknowledges lPP assists in inmate management. Space and/or accommodations in order to complete such tasks will be provided to IPP by COl.JNTY at its fucil ities. 7. VOC Minimum Jail Standards: COU~TY shall comply with the [IDC Minimum Jail Standards. In the event that COUNTY is notitied by UOC of an inn-action of these Minimum Standards, COllNTY shall have ten (10) working days n-om the day COUNTY is notified to submit a Corrective Action Plan to the lJDC Contract Monitor Supervisor. Consequences for non-compliance and a process whereby COUNTY can challenge UDe's detennination are set forth in the Minimum Jail Standards. 8. TraininglStaffing: Without exception only ofticers who are certified as correctional ofticers by Peace Officer Standards and Training (hereinafter "POST") shall provide supervision of state inmates at COUNTY's jail. COl.JNTY shall provide an adequate number of POST certilied correctional ol1icers to provide security for state inmates and to meet the lJDC Minimum Jail Standards. Training records shall be accessible to UDC upon request. 9. Emergency TraininglQril\s: Upon request, COUNTY shall provide UDC with documentation of any and all emergency training and drills provide d to correctional officers at COliNTY's jail. 10. Standards/Contract Monitoring: COUNTY shall provide the UDC Contract Monitor with a copy of all reports of any inspections of its jail, (i.e. Internal Inspections, Utah Sheriff s Association, State Fire :'.1arshall, State or County Health Department, Federal Bureau of Prisons, other county, state, or federal law enforcement agencies or private business hired by the COUNTY). Reports shall be sent to the Contract Monitor Supervisor at 14425 S. Bitterbmsh Lane, Draper, Utah 84020, within fifteen (15) calendar days from the time that COUNTY receives the report trom the inspecting agency. 11. Fire and Life Safety: COUNTY shall comply with all local, state, and federal building, fire, and life safety codes, regulations, and standards adopted by the State of Utah. 12. Housing: COl.JNTY shall provide state inmates with all the necessary hygiene items, food, bedding, adequate exercise and recreational opportunities, shelter, and security required by the UDC Minimum Jail Standards and applicable State and Federallaw-. 13. Custodial Managemeut: COl.JNTY will safeguard the basic rights of inmates through the utilization of written policies and procedures governing the jail operation and management of inmates that are consistent with the UDC Minimum Jail Standards and applicable State and Federal law. The day-to-day custodial management of state inmates shall be within the discretion of COUNTY's Sheriff, and state inmates shall be subject to COUNTY's operational policies and procedures. These policies shaH be reviewed at least every three (3) years by COUNTY administration and updated as needed. Alljai\ policies and procedures shall be made available to all of COUNTY's jail employees. COUNTY's current policies and procedures shall be accessible to the UDC Contract Monitor. 14. Investigations: UDC investigators shall be made available to assist COUNTY with investigations involving state inmates housed in COUNTY's jail. COUNTY may perform investigations of state inmates in COUNTY's jail as deemed necessary by COUNTY's Sheriff and the IPP Director or his or her designee. At the conclusion of any investigation involving a state inmate performed by COUNTY personnel, COUNTY shall forward a copy of the final investigative report or similar documentation to the UDC Contract Monitor within five (5) working days of the completion of the final report. 15. Selection and Return ofInmates: The IPP Director shall be initially responsible for designating which state inmates shall be housed in COUNTY's jail; nevertheless, COUNTY's Sheriff or his or her designee shall have limited authority to exclude any state inmate from COUNTY's jail. This power of exclusion includes incoming state inmates as well as state inmates already housed at COUNTY's jail. Whenever a state inmate is removed from COUNTY's jail at COUNTY's request, COUNTY shall provide the IPP Director with written documentationldisciplinaries stating the reason(s) for requesting the state inmate's removal prior to their removal. If COUNTY requests the immediate removal of a state inmate from COUNTY's jail, the COUNTY shall provide a verbal explanation of the reason for the request (e.g., safety, misconduct). COUNTY shall thereafter forward written documentationldisciplinaries, within seventy-two (72) hours of transport, stating the reason(s) for the state inmate's removal. 16. Inmate Information: UDC shall provide COUNTY with limited access to the DIO TRACK computer database. UDC shall provide DIO-TRACK individual login's for data entry purposes for COUNTY staff approved by UDC. DIO-TRACK contains information that is classified as PRIVATE, PROTECTED and/or CONTROLLED pursuant to the Government Records Access and Management Act, Utah Code Annotated § 63G-2-101, et.seg. COUNTY is subject to the same restrictions on disclosure of these records as UDC. Failure to comply with these restrictions may be a violation of criminal law, pursuant to Utah Code Annotated §63G-2- 801. COUNTY shall insure that access to DIO-TRACK and its information is limited to trained and authorized personnel. 17. Inmate Classification: State inmates shall be housed at the COUNTY's jail in accordance with their respective classification level of custody, as governed by the most current version of UOC's Inmate Classification Policy. Classification level for state inmates will be assigned by UDC and will only be changed by UDC. The AlMS portion of UDC' s Classification policy shall not be used in the housing of state inmates in the jail. Housing for state inmates may be more restrictive with written justification. Housing for state inmates shall never be less restrictive than the inmate's classification level. All male and female inmates shall be kept apart and housed separately. 18. Inmate Transportation: UDC shall generally be responsible for transporting state inmates to and from the COUNTY's jail at UDC's expense. UDC shall be allowed a minimum ofthree (3) working days to make transportation arrangements for state inmates. In the event that COUNTY provides transportation services for state inmates, COUNTY is required to have two certified officers complete the transport. COUNTY shall be reimbursed upon submission of those costs on the next monthly billing statement submitted to the IPP Director, and will be reimbursed per trip for such transportation at the then prevailing rate for state employees using their privately owned vehicles on state business. Admissions of state inmates to COUNTY's jail will be allowed Monday through Friday from 0600 to 2000 hours. Exceptions may be arranged by mutual agreement of both UDC and COUNTY. 19. Holding Cells: COUNTY shall not house state inmates in holding cells. When COUNTY uses a holding cell to temporarily hold a state inmate, the inmate shall be held in the holding cell for not more than eight (8) consecutive hours. 20. Medical Assistance: COUNTY shall provide state inmates housed in COUNTY's jail with adequate medical care. including optical and dental services. in compliance with the UDC Minimum Jail Standards and applicable State and Federal law; all resulting expenses shall be recorded using Current Procedural Technology (CPT) and paid by COUNTY to assure the billing is paid under the requirements set by the Legislature. UDC will reimburse COUNTY for medical care expenses paid for state inmates, unless the need for such medical care was caused by conditions at COUNTY'S jaiL If payment of any billing becomes a hardship for COUNTY, COUNTY may make a '.'{ritten request to the UDC Medical Director for payment to be made directly to the provider. To be reimbursed for such medical care expenses paid for state inmates, COUNTY shall bill UDC in accordance with Pamgraph 2 of this Attachment C. Bills submitted by COUNTY for reimbursement of medical expenses paid for state inmates shall include the billing statement received by COUNTY fTom the medical care provider and verification of payment of this expense by COUNTY. Requests for reimbursement for mtuical se1'Vices rendered to state inmates on or before June 30th of current given fiscal year should be billed to UDC on or before July 15'h of the following fiscal year. If COUNTY is unable to provide the proper documentation for a request for reimbursement by july 15'h the COUNTY shall provide a reliable estimate. COUNTY must obtain approval for all medical/mental health/dental procedures performed on state inmates housed at COUNTY'sjail in advance from the UDC Medical Director or his or her designee, who can be reached by calling (801) 576-7291 or (801) 576-7290. Notwithstanding the foregoing, emergency treatment shall be provided by COUNTY without the need to obtain prior consent from UDC. COUNTY shall notify Control One at the Utah State Prison of any state inmate emergency medical incidents as soon as reasonably possible. COUNTY may collect medical co-pays for state inmates seeing CO UNTY medical staff as per their policies and procedures, so long as said policy and procedures are consistent with legislative authority. Notwithstanding the foregoing, COUNTY shall forward co-pay monies to the UDC Clinical Services for state inmates receiving services provided by UDC medical/dental providers. COUNTY shall forward the name and offender number for indigent state inmates receiving services provided by UDC medical!dental providers. Notwithstanding Paragraph 18, COUNTY shall provide any required transportation and security for state inmates being treated at local medical facilities. COUNTY is required to have two certified officers complete the transport and provide security. COUNTY shall be reimbursed for the costs of this required transportation upon submission of those costs on the next monthly billing statement submitted to the IPP Director in accordance with Paragraph 2 of this Attachment C, and will be reimbursed for such transportation at the then-prevailing rate for state employe~'S using their privately owned vehicles on state business. COUNTY shall not be reimbursed for providing security for state inmates being treated at local medical facilities. 21. Inmate Property: All state inmate property for state inmates arriving at COUNTY's jail shall be inventoried by the sending facility. All state inmate property for state inmates leaving COUNTY's jail shall be inventoried by COUNTY. State inmates transferring to or from COUNTY's jail shall only possess property that is permitted under the UDCflPP transportation property matrix. UDC transportation officers shall only transport a state inmate's property that complies with the ODC/IPP transportation property matrix. All other property shall be sent out or disposed 0 r by the state inmate while housed at tile sending facil ity. COUNTY shall establish a list of acceptable items a state inmate may have in his or her possession while housed at the COUNTY jail, which is consistent with the ODC Minimum Jail Standards and applicable State and Federal law. 'lbe Jist shall bc included in the jail's policy and procedures. COUNTY should consider anything not on this list as contraband. 22. Jnmnte Orientation: COUNTY shall provide and dOL'ument an orientation to state inmates upon their arrival at COUNTY's jail. At a minimum, the orientation shall provide state inmates with sufficient information to allow them to address safety issues, PREA concerns, medical issues, legal issues, grievances, religious issues, ADA issues and mail access. 23. Tnmate Funds: COUNTY shall ensure tbat any state inmate funds shall be directly managed by the COUNTY. \\'ben a state inmate is transferred or released ITom COUNTY jail it is the responsibility of COUNTY to forward the state inmate's funds to the state inmate's new location within five (5) days of transfer or release. 24. Legal Assistance: COUNTY shall provide adequate and reasonable access to courts and legal counsel in compliance with the UDC Minimum Jail Standards and applicable State and Federal laws. COUNTY shall make request forms available for state inmates to use in requesting UDC Contract Attorney services and facilitate thc request for such services by contacting or forwarding the reque~1 to the designated UDC Contract Attorney within 24 hours of receipt. COUNTY shall allow the liDC Contract AItorney access to stdte inmates following COUNTY's policy and procedure for attorney visits. COUNTY shall facilitate confidential phone calls between state inmates and their legal counsel, including the Contract Attorney, when such communications are protected by the attorney-client privilege. 25. Prison Rape Elimination Act: COUNTY shall adopt and imp lement \"Titten policies and procedures in accordance with the Federal Prison Rape Elimination Act (PREA). COUNTY shall post UDC PREA information where it is readily accessible to state inmates. In the event of a PREA incident involving a state inmate, COUNTY shall notify Control One at the Utail State Prison within one (1) hour of the COUNTY becoming aware ofthe incident. 26. Clothing: If COUNTY's jail provides inmate clothing to its inmates, COUNTY shall issue inmate clothing to all state inmates upon arrival at COUNTY's jail. [f CO (JNlY's jail does not provide inmate clothing to its inmates, UDC will issue UDC inmate clothing to state inmates housed at COUNTY's jail. COliNTY and UDC issued clothing shall be clearly marked as inmate clothing. State inmates shall not be allowed outerwear wtless the outerwear is COUNTY jailor ODC issue and marked clearly as inmate clothing. No civilian clothing shall be worn by state inmates. 27. Haircuts: COUNTY shall provide haircuts fortbe state inmates housed in COUNTY's jail. In accordance with Paragraph 2 of this Attachment C, COUNTY shall submit with its monthly contract billing statement a listing of the previous month's haircuts identifying the inmate's name, inmate number, date of service, cost of service, and a copy of the log bearing inmate's name and signature. COUNTY shall secure haircut services at the lowest price available in the local market. UDC shall reimburse the COUNTY for the cost of haircuts given to state inmates minus $2.00 per haircut. COUNTY may collect co-pay ITom state inmates at a ratc of no more than $2.00 per haircut. 28. Inmate Disciplinary Requirements: COUNTY shall use UDC's disciplinary policy and procedure for state inmates and document major disciplinary infractions in DIO-TRACK. UDC shall train COUNTY staff on DIO-TRACK for the purpose of data entry. Once trained and approved, COUNTY staffwill be granted an individual DIO-TRACK login for the purpose of data entry. The COUNTY shall be given seven (7) days to enter the initial disciplinary infraction report into DIO-TRACK. The COUNTY shall be given a total of forty-five (45) days for completion ofa disciplinary infraction (i.e. entry of the initial disciplinary infraction, service, hearing and disposition of the infraction to include final entry of the disposition into DIO TRACK.) If COUNTY determines it does not have sufficient staff resources for data entry, then COUNTY is required to provide the facility designated IPP staff member the disciplinary information within 24 hours of the incident for data entry into DIO-TRACK. 29. Programs: COUNTY shall be responsible for costs of programming unless an alternative written agreement has been reached with UDC. Programs, which are offered to county inmates, shall also be made available to state inmates housed at the COUNT Y's jail. COUNTY shall have written policy and procedure to ensure that programming requirements are met and to ensure equal access for state and county inmates. Programs offered at COUNTY's jail shall be entered into DIO-TRA CK. At the beginning of each programming class, enrollments shall be entered into DIO-TRACK by COUNTY for each state inmate enrolled. Monthly progress notes along with a rating shall be entered into DIO TRACK by COUNTY. If at any time a state inmate is dropped or transferred from a programming class, a final progress note, rating, exit reason and end date shall be entered into DIO-TRACK by COUNTY. At the end of the class a final progress note, rating, exit reason and end date shall be entered for each state inmate who attended. If COUNTY does not have trained staff for the purpose of data entr y into DIO-Track, UDC may train COUNTY staff. Once trained and approved, COUNTY staff will be granted an individual DIO-TRACK login for the purpose of data entry. If COUNTY determines it does not have sufficient staff resources for data entry, then COUNTY will submit to the facility designated IPP staff member, by the loth of each month following enrollment, mon thly reports showing enrollments, ratings, transfers, drops, end dates and progress notes. 30. Inmate Workers: COUNTY shall provide to the IPP Director a security plan, by April 1st annually, for level 4 and/or level 5 work crews already approved and in existence. COUNTY shall obtain approval from the IPP Director before working any state inmate. A work eligibility listing, showing approved level 4 and 5 state inmates, will be made available to the COUNTY through the IPP staff. For newly created and proposed work crews COUNTY shall submit to the IPP Director a Security Plan for off property state inmate work crews for approval and determination of supervision ratio before work crews with state inmates are taken off property. COUNTY shall provide and document training on the use of proper protective equipment and provide properly working tools for state inmate workers. COUNTY, upon approval, may allow a level 4 state inmate to leave the jail building, but not the jail's property, to work, under direct supervision, line of sight, of certified staff with a supervision ratio approved by UDC. COUNTY, upon approval, may allow a levelS state inmate to leave the jail and secure perimeter on a work crew with the direct supervision of certified staff with a supervision ratio approved by UDC. COUNTY shall enter work assignments and monthly progress notes and ratings for state inmates into DIO-TRACK. When a state inmate leaves that assignment for any reason, an exit reason, rating and end date shall be entered into O-TRACK by COUNTY. UDC may train COUNTY staff on DIO-TRACK for the purpose of data entry. Once trained and approved, COUNTY staff will be granted an individual DIO-TRACK login for the purpose of data entry. If COUNTY determines it does not have sufficient staff resources for data entry, COUNTY will submit to the facility designated IPP staff member, by the 10 th of each month, monthly reports showing ratings, transfers, firings, exit reason and end dates. 31. Grievances: On a monthly basis COUNTY shall provide IPP with copies of all grievances filed by state inmates. Grievances on COUNTY issues shall be responded to by COUNTY in accordance with COUNTY policies and procedures. Any and all grievances on COUNTY issues shall be accessible for review by UDC Representatives. Grievances on state issues shall be forwarded to 14717 S. Minuteman Drive Draper, Utah 84020, within fifteen (15) working days. 32. Religious Access: COUNTY shall provide access to religious exercise in accordance with the Religious Land Use and Institutionalized Persons Act of2000 (RLUIPA) and other applicable State and Federal laws. 33. Home VisitslFuneral Leave: COUNTY shall not allow home visits or funeral leave for state inmates. 34. Inmate Release: COUNTY shall not release a state inmate int 0 the community without prior consultation with and written consent of the IPP Director/designee. When releasing a state inmate authorized for release from the COUNTY, either for parole or termination of sentence, the releasing officer shall positively identify the inmate before releasing him or her. COUNTY shall release inmates in civilian clothing. 35. Inmate Visiting: COUNTY's jail shall follow its policies and procedures regarding barrier and video visits, subject to the following conditions: Visitation policies and procedures shall be in compliance with the UDC Minimum Jail Standards and applicable State and Federal law; only one single adult visitor of the opposite gender shall be permitted to visit one single state inmate at any given time, except for members of the inmate's immediate family; all married opposite gender visitors, except for an inmate's spouse, child, parent, sibling, half-sibling, grandparent, or grandchild, shall be accompanied by visitor's spouse, inmate's spouse and/or inmate's parent(s); minor visitors to state inmates shall be accompanied by their parent or legal guardian while visiting; victims of a state inmate who wish to visit must be reviewe d and approved by the IPP Director; state inmates with a history of sexual misconduct against a minor shall not visit the victim ofthe inmate's crime nor with any minor that is not a member of the inmate's immediate family without approval ofthe IPP Director/designee; all court orders regarding victim contact and contact with minors shall be followed and take precedence over other provisions of this paragraph. 36. Inmate Counts: COCKTY shall conduct a minimum oftwo (2) full "positive identification" counts per day for all state inmates. "Positive Identi fication" count is defined as a count during which the inmate is in full view of the officer performing the count and where the officer uses a picture identification system for positive irunate verification. Positive Identification counts shall be conducted at a minimum of eight (8) hours apart. Counts shall be documented and documents maintained in accordance with jail policy and procedure or lJOC Minimum Jail Standards. A count of all state inmates at the county shall be called and/or faxed to Control One at the Utah State Prison once per day, seven days per week between 1900 and 2400 hours. 37. Restraint Chair: COUNTY shall not restrain state inmates in restraint chairs. 38. Strip Search: COl.,1\TY shall not conduct cross gender strip searches of state inmates. 39. Digital Body - Cavity Searches: COUNTY shall not conduct digital body cavity sean:hcs on state inmates without UOC' s consent. Authorization from UOC for digital body cavity searches can be obtained from Control One at the Utah State Prison. 40. Waiver: 'The tailure of either party to exercise any remedy or right under this contract or to require performance of any of the terms, covenants, or provisions 0 fthis contract by the oHler party shall not constitute a waiver of any of the rights under the contract. 41. Conflict of Terms: In the event that there is a conflict between the terms of the UOC Minimum lail Standards and the terms of this Attachment C, the terms ofthis Attachment C shall govern. ------END OF ATTACHMENT C------IJ1'AH DEPAR1'MENT Ol~' CORREC1'IONS MINIMlJM JAIL STANDARDS AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Consent Agenda Item: P TITLE: P. Ratifying Chair’s Signature on Task Agreement / Cooperative Agreement #H1341112001 with the National Park Service, Southeast Utah Group for Funding for Cooperative Emergency Operations in Grand County and Arches and Canyonlands National Parks FISCAL IMPACT: $2,000.00 revenue PRESENTER(S): Chairman Ciarus RECOMMENDATION: Prepared By: I move to ratify the Chair’s signature on Task Agreement/Cooperative Agreement #H1341112001 with the National Park Service, Southeast Utah KaLeigh Welch Group for funding for Cooperative Emergency Operations in Grand County Council Office and Arches and Canyonlands National Parks and authorize the Chair to Coordinator sign all associated documents. (435) 259-1346 BACKGROUND: The National Park Service will provide a sum of $2,000.00 to Grand County, Utah for cooperative management activities and emergency operations in Grand County, Arches National Park, and Canyonlands National Park for fiscal FOR OFFICE USE ONLY: year 2013. Attorney Review: ATTACHMENT(S): 1. National Park Service Task Agreement with Grand County, Utah N/A Cooperative Agreement #H1341112001 NATlONAL PARK SERVICE TASK AGREEMENT With GRAND COUNTY, lIT AH COOl'ERATJVE AGREEMENT IIH1341112001 TASK AGRE";MENT NUMBER: PRECT OESCRIPTJON: Per Cooperative Agreement IIH1341 1 12001 , the National Park Service will provide a sum of $2,000 to GfllI1d County, Utah, for cooperative management activities and emergency operations in Grand County, Arches National Park, and Canyonlands National Park for fiscal year 20 13. COOP":RATOR: Chair, County Council PHONE: (435) 259-1346 Grand County, Utah 125 West Center Slr,,'et Moab, Utah 84532 COST: Not to Exceed $2,000 ACCOUNT: PX.P0136274B.00.1 FUND SOURCE: Recreation Fee Demonstration PROJECT SCHEDULE: Fiscal Ycar 2013 "Ron:CT APPROVAL Conrracting Officer, National PllTk Service Date /~ ,--, ??:;;Z;" C:;4~__ ~ ..... Kate Cannon, Superintendent, National Park Service DateL~ AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING JULY 16, 2013 Agenda Item: Q TITLE: Ratifying Chair’s Signature on Real Estate Purchase Contract for Property at 180 E. 100 N., Moab, Utah FISCAL IMPACT: PRESENTER(S): Ruth Dillon, Council Administrator RECOMMENDATION: Prepared By: I move ratify the Chair’s signature on Real Estate Purchase Contract and to approve the acquisition of property on 180 E. 100 N., Moab, Utah and Ruth Dillon authorize the Chair to sign all associated documents. Council Administrator (435) 259-1347 BACKGROUND: Last fall: • Seller approached Grand County with offer to sell. • Grand County secured an appraisal. • 2012 Council discussed in closed session whether/how to proceed. • 2013 Current Council discussed in closed session whether/how to proceed. FOR OFFICE USE ONLY: • Final offer has been accepted at appraised Value. Attorney Review: • Seller disclosure deadline is Monday, July 22, 2013. • Buyer due diligence deadline is Wednesday, August 21, 2013. • Proposed settlement date is as soon as possible after the Title Company has Complete cleared title, before September 5, 2013. ATTACHMENT(S): 1. Fully executed Real Estate Purchase Agreement .REAL ESTATE PU.RCHASE CONT.RACT OH'ER TO PURCHASE On this 18th day of June, 2013, ("Offer Reference Date") Grand County, a politi 1. PROPERTY: 180 E. 100 N., Moab, Utah. togClher with the Induded Items and water rights/ water shares, if any, referenced in Sections 1.1, 1.2 and lA, Grand Connty Tax 1• .0. Number: 87-60000304 (the "Property"). 1.1 InciuJed Items. Unless excluded herein, d,jo sale includes items il'presently attached to the Propmy, including, but not limited to: plumbing; heating; air conditioning tlxtores and equipmcot; affixed carpets; security systems. 1.2 Other Included items. The following items that ore presently owned and in place on d,e Property have been left for the convenience of the parties and are also included in this sale (cbeck applicable box): [ J washers [ I dryers [J refrigerators I I water .olleners I J microwave ovens I J other (specify) 1.3 Excluded Items. The following itcms are excluded from this sale: None. 1.4 Water Service. The Purchase Price for the Property shall include all water rightsiwater shares, if any, that are d,e legal source for the Seller's current culinary water service ID.1d irdgation water service, if any, to the Property. The water rights/water shares will be conveyed or otherwise [Jansferred to Buyer at Closing by applic3b1e deed or legal instruments. The following water rights/w;]ter share~, if applicable, are specifically excluded from this "Ie: Non,. 2. Pt:RCIlAS~; PRICE. The Purchase Price for the Property shall be $187,000.00. 2.1 Method of Payment, The Punnase Price will be paid in full at Closing. 2.2 .Financing Condition. (check applicable box) (a) [ J Buyer's obligation to purchase the Property IS conditioncd upon Buyer qualifYing for an applicable loan (the "Loan"). This condition is rcft~rred to as the f1Flnancing Condition." (b) [X J Buyer's obligation to purchase the Property IS NOT ctrnditioned upon Buyer qualifying for a loan. (c) I X J Buyer's obligation to purchase tl.e Pruperty IS conditioned upon Grand County Council's legal adoption ofa resolution approving the purchase of the Property. 3. SETTLEMENT AJ'IU CLOSING. 3.1 Settlement. Settlement shall take plaee no later Ihan the Settlement Deadline referenced in Seetion 23, or., otherwise mutually agreed by Buyer and Sellcr in Wliting. "Settlement" shall occur only when all ofthe following have been completed: (a) Buyer and Seller have signed and delivered to each other or to tbe escrow/closing office all documents required by tbis IlliPC, by the Grand Counly Council, by the title insurance and escrow/closing offices, by written escrow instructions (including any split closing instructions, if applicable), or by appIiC responsible fur homt-'owners! association and private and public utility sL'TVice transfer fees 1 if any. and all utilities and other services Page 1 ::(:::~: the prope:~::s~:i::;j[a:I~~:}~ ;;JCIO:::~:C~ni:i::~~n::t~eM~;ld from Seller's proceeds at Closing, sufficient funds to payoff, on Seller's behalf, all mOltgages, trust deeds,judgments, mechanic's liens, tax Hens and warrants. The provisions of this Section 3.4 shall survive Closing. 3.5 Closing. For plll]loses ofthe REPC, "Closing" meanS that: (al Settlement has heen completed; (b) the proceeds of any new loan have been delivered by the Lender to Seller or to the escrow/closing office: and (e) the applicable Closing documents have been recorded in thc office of the county recorder. The actions described in 3.5 (b) and (e) shall be completed within four calendar days after Settlement. 4. POSSESSION OF PROPERTY. After close of the sale transaction and the wnv"yance oftille hereunder, Buyer may take immediate possession and occupation ofthe Property.. 5. TITLE TO PROPERTY and TITLE INSURANCE. 5.1 Title to Property. Seller represents that Seller has fcc title to the Property and will convey marketable title to the Property to Buyer at Closing by general warranty deed, free of financial encumbrances. 5.2 At Sett]emen( Se11er agrees to pay for a standard~coverage owner's policy of title insurance insuring Buyer in the amount ofthe purchase price. The Title policy shall conform with the Seller'S obligations under Se<,tion 9.1 and with the Commitment for Title Insurance as agreed by Buyer under Section 7. 5.3 Buyer elects to obtain a full coverage cxtended ALTA policy of Title Insurance, 'I'lle cost of this coverage (including the ALTA survey) above the standard coverage Owner's policy, shall be paid at Seulemc'JIt by: r I Buyer I X I Seller. 6, SELLER'S DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 23, Seller shall provide to Buyer the following documents which are collectively reIerred to as the "Seller Disclosw'es" Ca) a Seller property condition disclosure for the Property, signed and dated by Seller; (b) a commitment Ibr the policy of title insw'ance; (c) a copy of any leases affecting the Property not expiring prior to Closing; Cd) confinnation of ownership of water company stock; (e) written notice of any claims and/or conditions known to Seller re]ating to environmental problems and building or zoning code vjolations; and (I) Other (specity) _ .... ------_...... _- 7. BUYER'S RIGHT TO CANCE.L BASED ON BUYER'S DUE DILIGENCE. Buyer's obligation to purchase under this Contract (check applicable boxes): (al [ X] IS [ liS NOT conditioned lIpon Buye(s approval ofthe content of aU the Sfller Disclosures referenced in Se.t.:tion 6 (bJ[ ] IS [XIISNOT conditioned upon Buyer's approval ofa physical condition inspection of the Property; (cJ[ lIS [Xl IS NOT wnditioned upon Buyer's approval ofa survey of the Properly by a licensed surveyor ("Survey") (dl [ J IS [Xl IS NOT conditioned upon Buyer's approval of applicable federal, state and local govemmentallaws, ordinances and regulations affecting the Proper~y; and any applicable deed restrictions nnd/or Cc&R~s (covenants, conditions and restrictions) affecting the Property; (e)[ ]IS [X] IS NOT conditioned upon the Properly appraising for not less than the Purchase Price; (t) [ X J IS [ J IS NOT conditioned upon Buyer's approval of thl;;! terms and conditlOons of any mortgage financing or passage of resolution by Grand Connty Council rcferenced in Section 2. (g)[ ]1S [ X liS NOT conditioned upon Buyer's approval "fthe following tests and ev aluati"ns ofthe Property: (specify) Ifany of the items Ua) through hg) are checked in the .flirmative. then Sectiorrs 7.], 7.2, 7,3, and 7.4 apply; otherwise, they do not apply. The item'S checked in (he affirmative above are collectIve]y referrcd to as "'Buyer~s Due Diljgence.)' Unless othelwise provided in this contract, the Buyer's Due Diligence shall be paid for by Buyer and shall be conducted by individuals or entities ofBuyer's choice. Buyer shall condllct Buyer's Due Diligence in slOch manner as not to wlfeasonably disrupt the activities and husiness of the Seller and 1",ld Seller h,rmless from and against any and a1l1iahility, claim, or damages which arise from, is cauged by, or is in any manner connected with Buyer's Due Diligence, including without limitation, claims for payment for inspection services, claims for mechanics liens, and physicaJ damage 10 the Property. Seller agrees to cooperate with Buyer's Due Diligence and with a site inspection under Section 10. 7.1 Due Diligence Deadline. No later than the Due Diligence Deadline reference in Section 23 (b) Buyer shall: Cal complete all of Buyer's Due Diligence; and (b) determine ifthe results of the Buyer's Duc Diligence are acceptable to Buyer. 7,2 Right 10 Cancel or Ohjoc!. If Buyer, in Buyer's sole discretion, determines tlmt the results of the Buyer's Due Diligence are unacceptable, Buyer may, no later til an the Due Diligence Deadline, either: (a) cancel this Contract by providing written notice to Seiler, whcreupon the Down Payment Money Deposit shall be rel~ased to Buyer; or (b) provide Seifer with written notice of objections. 7.3 Failure to Respond. Ifby the expiration ofthe Due Diligence De,dline, Buyer does not: (a) cancel this Contr«ct as provided in Section 7.2; Or (b) deliver a wriuml objection to Seller regarding the Buyer's Due Diligence, the rcsults ofthe Buyer'sDue Diligence shall be deemed approved by Buyer; and the contingencies referenced in Sections 7(a) through /(gj, including but not limited to, any financing contingency, shall be deemed waived by Buyer. 7.4 Rcsponse hy Seller. If Buyer provides writ;.,enj'bjections to Seller, Buyer and Seller shall have 10 CALENDARD. A YS after Seller's o!yt/ 7-')-1,) 4- Page 2 of 5 pages Seller's initlalsw.wf Date 7:2-1« Buyer's Initial~Date/0~>- receipt ofBuy.r's objections (lhe "Response Period") in which to agree in writing upon the manner of resolving Buyer's objections, Except as proviueu in Sec1ion 10, Seller may, but shall not be required to, resolve Buyer's objections, If Buyer and Seller have not agreed in writing upon the manner of resolving Buyer's objections, Buyer may cancel this Contract by providing written no1iceto SeHer no 1ater than THREE CALENDAR DAYS after expiration ofthe Response Period; whereupon the Down PaymL'llt Money Deposit shall be released to Buyer. This waiver shull not affect those items warranted in Section 9. 8. ADDITIONAL TERMS. There may be addenda to this Cont.. ""t containing additional tem}s. Iflhere arc, the terms of the following addeuda are incorporated into this Contract by this reference: None. 9. SELLER'S WARRANTIES AND REPRESENTATIONS. 9.1 Condition of Title. Buyer agrees to accepl title 10 the Property subject to the contenls of the CommiJmenl for fiJIe Insurance as agreed to by Buyer under Section 5, Except lor any loan(s) specifically .ssumeu by Buyer under SecJion 2, Seller will C3l1!je to be paid off by Closing all mortgages, trust deeds, judgments, mecbanic's liens.• tax liens and warrants. Seller will cause all ass .."ments to be paid ClITrent by Closing. 9.2 Condition ofProperty. Seller warrants that ON THE DATE SELLER DELIVERS PHYSICAL POSSESSION TO BUYER, the Properly and improvement'.i will be broom-clean and free of debris and personal belongings,. and in the same general condition as they were on the date of Acceptance. 9.3 Other Seller Warranties. Seller further warrants that, to lhe best of Seller's knowledge, each of the following statements is true: (a) the consummation of the transactions contemplatad by this Contract will not constitute a default or result in tb.e breach of any term or provision of any contract or agreement to which Seller is a party so as to adversely affect the consummation of such transactions; (b) there is no action, suit, legal proceeding Or other proceeding pending or threatened against Seller andioe the Properly which may adversely affect the transactions contemplated by this Contract, in any court or before !lily arbitrator of any kind or before or by any governmental body which may adversely affect the transactions contemplated by this Contract; (c) all work which will be pC'Tformed in. on or about the Properly or materials fumishcd thereto which might in any eircumstances give rise to a mechanic's or materiahnan's lien. will be paid and all necessary waiver.':> of rights to [l mechanic's or materialmanjs lien for such work will br.' obtained; Cd) Seller has not received any written notice indicating that the Property is in violation of any Federal, State or local Environmental Law; (e) there are no Hazardous Substances on, under, or about the Property, nor has Seller undertaken, permiiteu. authorizcd or suffered~ and wiD not undrnake1 pennit, authorize or suffer the presence, use, manufactun~J handling, generation, storage, treatment, discharge, relea'.ie, burial or disposal on, undl:!r or about the Property of any Hazardous Subslanccs, or the transportation io or from the Property~ of any Hazardous Substance.';. A.s used herein l "Hazardous Substance" shall mean any substanee, material or matterthatmay give rise to liability under any Federal, State~ or local Environmental Laws; and (I) Seller is not a "Ioreign person" as thattern) is detined in Section [445 ofthe US, Internal Revenue Code of [986, as am,,.ded. (In that regard, Seller shall deposit into Escrow, at or prior to Closing, an affidavit in such j()rm as may be requin,d by th,' U.S. Intemal Revenue Service, setting forth Seller's full name, address and taxpayer identification number and stating under penalty of perjury that Seller is not a "[areign person" as so ddined.) 10. FINAl, PRE-CLOSiNG INSPECTlON. Before Settlement, Buyer may, upon reasonable notice and at a reasonable time, conduct a final pre-Closing inspection of the Property to detennine only that the Property is ('as represented" ~ meaning that the items referenced in Si.'ctlons 1.1, 7.4, fmd 9.2 and 9.3 C"the items") are respectively present, repaired/changed as agreed, and in the warranted condition, If the irems are not as representc' ll. CHANGES DURING TRANSACTIO,!. Seller agrees tbal from the dale of Acceptance until the Liate of Closing, Seller shall not, without the proper written consent of Buyer: Ca) malee any changes in any existing leases; (b) enter into any new leases; (c) make any substantial alterations or improvements to the Property; or (d) incur any further fmancial encumbrances agai[]st the Prope.rty. 12. AUTHORITY OF SIGIoIERS. [fIluyer or Seller is a corpomtion, partnership, trust, estate, Limited Liability Company or other entity, the person executing this Contract on its behalf warrants his or her authority 10 do so and to bind Buyer and Seller. Seller further warrants that the execution and delivery of this Contract by Seller have been duly and validly authorized, and all requisite action has be,'n taken to make this Cono'act binding upon Seller. 13. COMPLETE CO"ITRACT/ASSIGNMENT. This Contract together with its addenda, any attached exhibit<, and Seller Disclosures, constitutes the entire Contract between the parties and supersedes and replaces any and all prior negotiations, representations, warrantjes. understandings or contracts belween the parties. This Contract cannot be changed except as so restricted; this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 14. MEDIATION. Any disp<1te relating to this contract that arise prior to or afler Closing: [X 1SHALL [ J MAY AT THE OPTION OF TIlE PARTlES FIRST BE SUBMIITED TO MEDIA TlON. MOdi~ a process; 1:c;;?the panics meet with an ::;;;/person ~h~e~ to resolve Page 3 of 5 pages Seller'S initials~ Date 7;,2 '/ f Buyer's InJtials~Date ~/cl...., ~.6,':::f the dispute informally and cont"identially. M.ediators cannot impose binding decisions, The parties to Ihe" dispute must agree before any selliement is binding. The parties will Jointly appoint an acceptable medialor and will share equally in the cost of such mediation. Ihe mediation, unless otherwise agreed, shalltenninate in the event the entire dispute is not resolved THIRTY (30) CALENDAR DAYS from lhe date written notice requesting mediation is sent by one party to the olhe-r(s). If medIation fails, the olbcr procedures and remedies available ,mder this Contract shall opply. Nothing ill this SectIOn J 4 shall prohibit any party from seeking emergency equiuble relief pending mediation, 15. DEFAULT. IrBuyer default" Seller may elect to pursue any remedies available at law. If Seller defaults, in addition lo return of the Down Payment Money Deposit, BuyeT may elect either to accept from Seller a sum equal to the Down Payment Money Deposit a, liquidated damages, or may sue Scller to ~pedfically enforce this Contract or pursue: OIher remedies available at law, 16. ATTORNE Y FEES AND COSTS. In the event oflitigation or binding arbilmtion to enforce iliis Contract, the prevailing party shall be entitled to cosls and reasonable attorney fees. However, attonlcy fees shall not be aWfJTded for participalion in mediation under Section 14. 17. NOTICES. Except as provided in Section 23, all nOlices required under this Contract must be: (a) in writing; (b) signed by the party giving ootice;uml (c:;) n~c.eived by tile uther party or the uthtlr party's agent nu liner than Lhe applicable date I"l:ferenced in this Contract 18. ABROGATON. Except for the provisions of Sections 7.4, 9,1, 9.3, 14 and J 6 and ony other express warrdnties madeill this Contract, the provisions of Ihis Contract shaH not apply aflcr Closing. 19. RISK OF LOSS. All risk of loss to the Property, including physical damage or destruction to the Property or irs improvements due to any cause except ordinary wear and tear and loss caused by a taking in eminent domain, shall be borne by Seller IImil Closing. 20. TIME IS OF THE ESSENCK Time is of the essence regarding the dates set forth in this Contract. Extensions must b. agreed to in "'Titing by all parties. Unless otherwise explicitly stated in iliis Contract: (a) perfonnance under each Section of this Contructwhichreferences a date shall absolutely be require 21. FAX TRANSMISSION AND COUNTERPARTS. Facsimile (fax) transmission ofa signed copy of this Contract, any addenda and counteTOtl'e", and the retransmission of any signed tax shall be the same as delivery of an originaL This Contract and any addenda and countt'Toffers may be executed in counterparts, 22. ACCEPTANCE. "Acceptance" occurs when Seller or Buyer, responding In an offer or countLTOffor of the other: (3) signs the offur or couJ11eroffer where no led to indicate acceptance; and (b) communicates to the other party or to the other party's agent that the offer or counteroffer has been signed as required. 23. CONTRACT DEADLIN~:S. Buyer and Seller agree that the following deadline.s shall apply to this Contract: (a) Seller Disclosure Deadline Monday, July 22.2013 (b) Due Diligence Deadline Wednesday, August 21, 2013 (c) Settlement Deadline as soon as possible after Title Company has: dearcd tjtle, before Seotember 5,2013 24. OFFER AND TIME FOR ACCEPTANCE. Buyer oifers to purchase the Property on the above terms and conditions. If Seller does not accept this offer by: 5:00 [ 1AM [X 1PM Mountain Time on Friday,July 5,2013, this offer shall lapse; and the Brokerage or Title/Escrow Company shall retum the Down Payment Money Deposit to Buyer. OJ! 17-£,(') / / Page 4 of 5 pages Seller's initial~~ Date ;;z-2',-/5 Buyer's Initialseteoate ZI.!l.,6:lt:?,/~ ,1, e ..-s (;II ( r's Names) (PLEASE PRINT) (Addres,), /" (Zip Code) (Phone) (Fax) (1)eb -# Iv(ACCEPTANCE OF OFFER TO PURCHASE: Seller Accepts Ihe foregoing offer on the terms and conditions specified above, 1 COt:NTEROFFER: Sen"r presents for Buyer', Acceptance the terms of Buyer's offer ,uhject to the exceptions or modifications as specified tn tile attached ADDENDUM NO, ,"""", _,,_" (Date) (Time) (SeUer's Signatur~) iDa!e) (Time) 7-;;.2/3 '7-'2:--(1 (Notice Address) (Phone) [ J RF;,JECTlON: Selle, rcjects the foregoing off"'" (SeUer's Signature) (Date) (Time) (Seller's Signature) (Date) (Time) DOCUME:"iT RECE1PT State law reqwre :~~na!~ ;;~tij (Seller's igil',,/' (Date) 7- $-1,.;1' B. I per> !lal 'caused" linal copy ofllle foregoing Contract bearing a s nalureft',f'ZT J faxed I J mailed l)(lll.nd delivered OIl , •••• _mmmmmmm (Date), l'e.lag"l'fOl'uid, to the IX! Seller r I Duyer, Sent/Delivered b,,(specHy) g",,+n 7j/l/w,,~ ~~iuJ:fnd,ry Page 5 of 5 pages