<<

GRAND COUNTY COUNCIL REGULAR MEETING

Grand County Council Chambers 125 East Center Street, Moab,

AGENDA Tuesday, May 7, 2013

4:00 p.m.  Call to Order  Pledge of Allegiance  Approval of Minutes (Diana Carroll, Clerk/Auditor) A. March 29, 2013 (Joint City/County Council Meeting) B. April 2, 2013 (County Council Meeting) C. April 5, 2013 (Special Meeting: Council Administrative Workshop) D. April 9, 2013 (Special Meeting: Council Administrative Workshop) E. April 16, 2013 (County Council Meeting) F. April 17, 2013 (Special Meeting: Council Administrative Workshop) G. April 30, 2013 (Special Meeting: Council Administrative Workshop)  Ratification of Payment of Bills  Elected Official Reports  Council Administrator Report  Department Head Reports H. 2012 Annual Travel Council Report (Marian DeLay, Executive Director, Moab Area Travel Council)  Agency Reports  Citizens to Be Heard  Presentations I. Presentation of 2013 Grand County, Utah Silver Bowl Award for Exemplary Volunteer Work (Saina Carey, Silver Bowl Committee Chairman) J. Presentation on American Lands Council Growth and Community Involvement (Kane County Commissioner Doug Heaton)  Discussion Items K. Discussion of Local Business Letter to Congressman Bishop Regarding Proposed Public Lands Bill (Colin Fryer, Red Cliffs Lodge; Scott Guzman Newton, Poison Spider Bike Shop; Doug Sorenson, Portal RV; and Ashley Korenblat, Western Spirit Cycling) L. Discussion on Sending Requests for Proposals to Energy Services Companies (ESCO’s) to Provide Budget-Neutral Energy Efficiency Improvements to County Buildings (Ruth Dillon, Council Administrator) M. Calendar Items and Public Notices (KaLeigh Welch, Council Office Coordinator)

 General Business- Action Items N. Approving Bid Award for the Installation of High Density Mineral Bond Seal and Striping on Selected Portions of Grand County’s Paved Pathways (Bill Jackson, Roads Supervisor) O. Adopting Proposed Resolution for a Replat of Lots 6 & 7 of the Moab Country Club Estates Subdivision (Community Development Representative)

5/3/13 Page 1 of 2 P. Approving Contract Award for Professional Fireworks Display on Independence Day (Ruth Dillon, Council Administrator)

 Consent Agenda- Action Items Q. Approving SITLA License Agreement Right of Entry No. 5880 for Land Access for the 4th of July Fireworks Show R. Approving Chair’s Signature on a Grant Application to Be Submitted under MAP-21’s “Federal Lands Access Program” for Leveraged Funding for Road Improvements on the LaSal Loop Road S. Adopting Proposed Resolution for the Council-Approved Grand County Noxious Weed Control Policy T. Approving Proposed Memorandum of Understanding Between the Bureau of Land Management and Grand County for Sharing a Microwave and Telecommunications Facility at the Emergency Operations Center  Public Hearings- Possible Action Items  General Council Reports  Future Considerations  Closed Session(s) (if necessary)  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.

5/3/13 Page 2 of 2 4/9/2013

GRAND COUNTY COUNCIL Special Meeting 125 East Center Street Moab, Utah

March 29, 2013

The Grand County Council met in Special Session on the above date in the Grand County Council Chambers of the Courthouse located at 125 East Center Street, Moab, Utah. The meeting was called to order by Chair Gene Ciarus at 11:30 a.m. In attendance were Council Members Gene Ciarus, Patricia Holyoak, Rory Paxman, Lynn Jackson and Elizabeth Tubbs along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon. Council Members Jim Nyland and Ken Ballantyne were absent.

Joint Meeting: A. Update and Discussion on Health Care Financing Discussion occurred regarding the possibility of Grand County implementing a sales tax for a county owned facility and the possibility of pursuing ownership of the Canyonlands Care Center.

B. Update on Millcreek Drive/Highway 191 Funding Donna Metzler suggested drafting a cooperative agreement to insure funds are in place for 2016 – 2017 to allow for construction of the Millcreek Drive and Highway 191 intersection.

ADJOURN The meeting adjourned at 12:40 p.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 1 of 1 4/9/2013

GRAND COUNTY COUNCIL Grand County Council Chambers 125 East Center Street, Moab, Utah

April 2, 2013

The Grand County Council met in regular session on the above date in the Council Chambers of the Grand County Courthouse located at 125 East Center Street, Moab, Utah. Chairman Gene Ciarus called the Afternoon Session of the Council Meeting to order at 4:00 p.m. In attendance were Council Members Gene Ciarus, Elizabeth Tubbs, Lynn Jackson, Rory Paxman, Jim Nyland and Patricia Holyoak along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon. Council Member Ken Ballantyne was absent. The Pledge of Allegiance was led by Marvin Day.

Approval of Minutes (Diana Carroll, Clerk/Auditor) A. March 19, 2013 (County Council Meeting) MOTION: Motion by Council Member Jim Nyland to approve minutes of the March 19, 2013 Council Meeting. Motion seconded by Council Member Patricia Holyoak carried 6 – 0.

B. March 26, 2013 (Special Meeting: Council Administrative Workshop) MOTION: Motion by Council Member Jim Nyland to approve minutes of the March 26, 2013 Council Meeting. Motion seconded by Council Member Patricia Holyoak carried 6 – 0. Council Member Ballantyne arrived at 4:05 p.m. Approval of Payment of Bills MOTION: Motion by Council Member Patricia Holyoak to approve payment of bills presented in the amount of $918,488.23. Accounts payable check numbers 78049 – 78210 totaling $753,986.02 and payroll in the amount of $164,502.21 confirming all bills presented were within budgeted appropriations. Motion seconded by Council Member Jim Nyland carried with a 7 – 0 roll call vote.

Council Administrator Report Ruth Dillon reported that she toured the emergency operations during the Easter Jeep Safari.

Department Head Reports C. 2012 Facilities Maintenance Report (Marvin Day, Facilities Supervisor) Facilities Supervisor Marvin Day gave a report of 2012 activities in the Maintenance Department.

Agency Reports D. Public Defender Semi-Annual Report (Don Torgerson, Chiara & Torgerson, PLLC) Grand County’s Public Defender Don Torgerson, Chiara & Torgerson, gave a report of cases appointed for District, Justice and Juvenile Court.

Presentations E. Presentation on Grand Conservation District Resource Assessment (Kara Dohrenwend, Chairman, Grand Conservation District) Chair of the Grand Conservation District, Kara Dohrenwend presented the Grand County Resource Needs Assessment. The Grand Conservation District has developed this resource assessment with the goal that conservation efforts in the county address the most important local resource needs.

F. Presentation on American Potash, LLC Plans for Exploration Drilling and Discussion on Potash Resources in Grand County (Del Fortner, American Potash, LLC) Dale Fordner returned with a follow-up presentation from a previous Council Meeting regarding exploration drilling and potash resources in Grand County.

Discussion Items G. Calendar Items and Public Notices (KaLeigh Welch, Council Office Coordinator) General Business- Action Items

Page 1 of 3 4/9/2013

H. Approving Proposed Letter of Agreement and Proposed Hourly Rate Increase for Alternate Conflict Public and Conflict Parental Defenders, from $60 Per Hour to $75 Per Hour (Danalee Gerber, Civil Executive Assistant/Prosecutorial Assistant, County Attorney’s Office and Ruth Dillon, Council Administrator) MOTION: Motion by Council Member Ken Ballantyne to approve the proposed Letter of Agreement, to include the rate increase from $60 per hour to $70 per hour, for the Alternate Conflict Public Defenders and Conflict Parental Defenders and authorize the Chair to sign all associated documents. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0.

I. Approving Proposed Resolution Approving a Conditional Use Permit for a Helium Processing Facility Located off I-70 at Exit 227 approximately 4.3 Miles West of the Utah/Colorado Border (Krissie Braun, Community Development Director) MOTION: Motion by Council Member Jim Nyland to approve the Conditional Use Permit for the referenced helium processing facility subject to the following conditions:

1. Reclamation Bond. A reclamation bond to be held by Grand County in the amount of $40,000 2. Referral Agencies. Submission of and ongoing compliance with, the terms of approval of both federal and state referral agencies (UDOGM, BLM, UDAQ). 3. Sanitation. Prior to building permit, health department approval of proposed chemical toilet. 4. State Agency Reports. All reports provided to UDAQ regarding facility operations shall be forwarded to the Grand County Community Development Department

Motion seconded by Council Member Ken Ballantyne carried 7 – 0.

J. Adopting Proposed Resolution, Pending Legal Review, Initiating the Process and Approving a Special Election to Be Held June 2013 to Ask Voters whether to Increase the Sales Tax (Except for Food) Up to One Half of One Percent to Increase Revenue at Canyonlands Care Center, Postponed from March 19, 2013 (Representatives from Canyonlands Health Care Special Service District Board and Representatives from Canyonlands Care Center) No action taken.

K. Approving Appointment(s) to County Boards and Commissions: 1. Housing Authority of Southeastern Utah (Council Member Tubbs, Liaison to HASU Board) MOTION: Motion by Council Member Elizabeth Tubbs to approve re-appointment of Judy Powers to serve on the Housing Authority of Southeastern Utah Board, with five-year term ending on 12/31/2017. Motion seconded by Council Member Patricia Holyoak carried 7 – 0. Consent Agenda- Action Items L. Approving Construction Workspace Acknowledgment between Grand County Road Department and Williams Northwest Pipeline GP for Utilizing Workspace at the Road Shed M. Ratifying the Chair’s Signature Approving an Updated Title VI Program in Compliance with Circular 4702.1B for Recipients of Federal Funds N. Approving Proposed Priority List, and Corresponding Letters to Seventh District Court, Regarding: 1. Alternate Conflict Public Defenders 2. Alternate Conflict Parental Defenders

MOTION: Motion by Council Member Jim Nyland to approve the Consent Agenda as presented. Motion seconded by Council Member Rory Paxman carried 7 – 0. Closed Session(s) (if necessary) MOTION: Motion by Council Member Elizabeth Tubbs to enter Closed Session at 5:40 p.m. to discuss the character, professional competence, or physical or mental health of an individual. Motion seconded by Council Member Rory Paxman carried 7 – 0. Present were Council Members Ciarus, Holyoak, Paxman, Jackson, Tubbs, Ballantyne and Nyland, Grand County Clerk/Auditor Diana Carroll, Grand County Attorney Andrew Fitzgerald, Council Administrator Ruth Dillon and Human Resource Director Orlinda Robertson. MOTION: Motion by Council Member Lynn Jackson to end the Closed Session at 6:00 p.m. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0.

Page 2 of 3 4/9/2013

Adjourn The meeting was adjourned at 6:04 p.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

Page 3 of 3 4/9/2013

GRAND COUNTY COUNCIL Special Meeting 182 North 500 West Moab, Utah

April 5, 2013

The Grand County Council met in Special Session on the above date at the Grand Center located at 182 North 500 West, Moab, Utah. The meeting was called to order by Chair Gene Ciarus at 9:30 a.m. In attendance were Council Members Gene Ciarus, Jim Nyland, Rory Paxman, Lynn Jackson and Elizabeth Tubbs along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon, Grand County Sheriff Steve White, Grand County Attorney Andrew Fitzgerald, Road Supervisor Bill Jackson, Weed Supervisor Tim Higgs, Grand County Senior Program Director Verleen Striblen, Airport Manager Kelly Braun and Community Development Director Krissie Braun. Council Members Ken Ballantyne and Patricia Holyoak were absent.

Discussion: • Financial Overview and Budget Review

• Review of Debt Schedule

• Review of Federal and State Grant Funded Functions

ADJOURN The meeting adjourned at 11:30 p.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 1 of 1 4/9/2013

GRAND COUNTY COUNCIL Special Meeting 125 East Center Street Moab, Utah

April 9, 2013

The Grand County Council met in Special Session on the above date in the Grand County Council Chambers of the Courthouse located at 125 East Center Street, Moab, Utah. The meeting was called to order by Chair Gene Ciarus at 9:00 a.m. In attendance were Council Members Gene Ciarus, Patricia Holyoak, Rory Paxman, Lynn Jackson and Jim Nyland along with Deputy Clerk/Auditor John West and Council Administrator Ruth Dillon. Council Members Elizabeth Tubbs and Ken Ballantyne were absent.

Workshop: A. Workshop on Federal Reserved Water Rights Associated with (James Greer, State Assistant Engineer, Utah Division of Water Rights) Stefan Kirby presented the results from the Courthouse Wash Monitoring Well. The purpose of the monitoring well and new groundwater samples is to better delineate the relationship between groundwater that supplies important springs within Arches National Park, and groundwater beneath the upper portions of Courthouse Wash that may experience development in the future.

ADJOURN The meeting adjourned at 10:10 a.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 1 of 1

GRAND COUNTY COUNCIL Grand County Council Chambers 125 East Center Street, Moab, Utah

April 16, 2013

The Grand County Council met in regular session on the above date in the Council Chambers of the Grand County Courthouse located at 125 East Center Street, Moab, Utah. Chairman Gene Ciarus called the Council Meeting to order at 4:00 p.m. In attendance were Council Members Gene Ciarus, Elizabeth Tubbs, Lynn Jackson, Rory Paxman, Ken Ballantyne, Jim Nyland and Patricia Holyoak along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon. The Pledge of Allegiance was led by Andy Smith.

Approval of Minutes (Diana Carroll, Clerk/Auditor) A. March 29, 2013 (Joint City/County Council Meeting) B. April 2, 2013 (County Council Meeting) C. April 5, 2013 (Special Meeting: Council Administrative Workshop) D. April 9, 2013 (Special Meeting: Council Administrative Workshop) MOTION: Motion by Council Member Tubbs to postpone until the next meeting. Motion seconded by Council Member Patricia Holyoak carried 7 – 0. Approval of Payment of Bills MOTION: Motion by Council Member Patricia Holyoak to approve payment of bills presented in the amount of $1,089,611.45. Accounts payable check numbers 78211 – 78455 totaling $916,468.14 and payroll in the amount of $173,143.31 confirming all bills presented were within budgeted appropriations. Motion seconded by Council Member Rory Paxman carried with a 7 – 0 roll call vote.

Elected Official Reports E. Recommendation for All County Employees to Wear Security Badges (Sheriff White) As a part of ongoing security and risk management measures, Sheriff White recommended all county employees wear security badges. The Risk Management Committee and Emergency Management will continue efforts to supply identification badges to county employees.

Sheriff White invited Council Members to attend the dedication of the Fallen Peace Officers Trail.

Council Administrator Report Ruth Dillon reported attending CIB training and UAC Management Conference

Agency Reports F. Report on New Open Burning Regulations (Corky Brewer, Fire Chief) Fire Chief Corky Brewer advised Council Members of the open burn regulations regarding emission standards for general burning. G. Report on Manti La-Sal Forest Service “Moab Non-Motorized Trails Project” (Mike Diem, District Ranger and Brian Murdock, District Recreation Program Manager, Manti La Sal Forest Service) Brian Murdock, Recreation/Trails Manager, Moab Ranger District, presented for Mike Diem an updated report on the proposed Manti La Sal National Forest Service “Moab Non-motorized Trails Project”

Citizens to be Heard Dick Walter, a Grand County resident who lives on Easy Street, spoke regarding water use in Spanish Valley. GWSSA is cutting water to 50% beginning in May and this has him concerned about the proposed ball fields.

Discussion Items H. Calendar Items and Public Notices (KaLeigh Welch, Council Office Coordinator)

5/3/13 Page 1 of 3 General Business- Action Items I. Approving Proposed Grand County Noxious Weed Control Policy (Tim Higgs, Weed Supervisor) MOTION: Motion by Council Member Ken Ballantyne to approve the proposed Grand County Noxious Weed Control Policy, as presented and authorize the Chair to sign all associated documents. Motion seconded by Council Member Jim Nyland carried 7 – 0. J. Approving Contract Award and Authorizing the Purchase of Three Federal Grant-Funded 12- Lead Monitor/Defibrillators from Zoll Medical for Emergency Medical Services (Andy Smith, Emergency Medical Services Director) MOTION: Motion by Council Member Jim Nyland to approve contract award and authorize the purchase of three federal grant-funded 12-lead monitor/defibrillators from Zoll Medical for Emergency Medical Services and authorize the Chair to sign all associated documents. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0.

K. Approving Contract Award for Concessionaire at the Old Spanish Trail Arena (Steve Swift, OSTA Manager) MOTION: Motion by Council Member Lynn Jackson to approve the contract for concessionaire at the Old Spanish Trail Arena to Café Kar Imports for the period of April 16, 2013 to December 31, 2015 with an optional extension of up to 2 years and authorize the Chair to sign all associated documents. Motion seconded by Council Member Rory Paxman carried 7 – 0.

L. Approving a Contract Award to Horrocks Engineers and Zion’s Bank for a Capital Facilities Plan, including an Impact Fee Facilities Plan and Impact Fee Analysis (Ruth Dillon, Council Administrator and Krissie Braun, Community Development Director) MOTION: Motion by Council Member Jim Nyland to approve a contract award for the Capital Facilities Plan, including an Impact Fee Facilities Plan and Impact Fee Analysis to Horrocks Engineers and Zions Bank in the amount of $58,800 and authorize the Chair to sign all associated documents. Motion seconded by Council Member Ken Ballantyne carried 7 – 0.

M. Approving Change Order for Additional Federal Transit Administration Funding for Extension of the Lions Park Transit Hub and Pathway Project (David Dillman, PE; Horrocks Engineers) MOTION: Motion by Council Member Elizabeth Tubbs to approve the Council Chair to execute a contract change order to add additional Federal Transit Administration funding to the Lions Park Transit Hub and Colorado River Pathway Project once final authorizations are complete and authorize the Chair to sign all associated documents. Motion seconded by Council Member Jim Nyland carried 7 – 0. N. Approving Proposed Federal Recreation Trails Program Non-Motorized Trail Grant Application for North Moab Area Trails (Sandy Freethey, Trail Mix Chair) MOTION: Motion by Council Member Elizabeth Tubbs to approve the proposed Federal Recreation Trail Program Non-Motorized Trail Grant Application for North Moab area trails and authorize the Chair to sign all associated documents. Motion seconded by Council Member Ken Ballantyne carried 7 – 0.

O. Approving Proposed Interlocal Agreement between Moab City and Grand County to Transfer $12,500 of City Trail Funds to Grand County to Reimburse Trail Mix for Work Provided on Trails (David Olsen, Community Development Director) Moab City requested this item be removed from the agenda.

P. Approving Local Consent for the Issuance of a Beer Manufacturing License for SRR Partners, LLC dba Sorrel River Brewing Company (Sorrel River Management) MOTION: Motion by Council Member Ken Ballantyne to approve the local consent for the issuance of a beer manufacturing license for Sorrel River Ranch Partners, LLC doing business as Sorrel River Brewing Company and authorize the Chair to sign all associated documents. Motion seconded by Council Member Lynn Jackson carried 7 – 0. Q. Approving Appointment(s) to County Boards and Commissions: 1. Library Board (Council Member Ballantyne, Liaison)

5/3/13 Page 2 of 3 MOTION: Motion by Council Member Ken Ballantyne to approve Sarah Stalpes to serve on the Grand County Public Library Board as the non-voting High School Representative, with term expiring 12/31/2014 and authorize the Chair to sign all associated documents. Motion seconded Jim Nyland carried 7 – 0. Consent Agenda- Action Items R. Approving Proposed Interlocal Agreement with Grand County Transportation Special Service District for the Provision of a CIB Grant Transaction for SITLA to Perfect Temporary County Class B and Class D Road Easements across SITLA Property S. Approving Local Consent Application for Full Service Restaurant Liquor License for Los Dos Amigos Mexican Restaurant MOTION: Motion by Council Member Jim Nyland to approve the Item R only of the Consent Agenda as presented. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0. MOTION: Motion by Council Member Ken Ballantyne to approve the Local Consent full service restaurant liquor license. Motion seconded by Council Member Patricia Holyoak carried 7 – 0. General Council Reports • Council Member Nyland attended the Transportation Special Service District Meeting. • Council Member Tubbs attended the health care task force meeting. • Council Member Ciarus attended the UAC Management Conference and will attend a meeting at UAC office regarding sage grouse. • Council Member Paxman attended the Weed and Airport Board Meetings. • Council Member Holyoak announced that GWSSA will be turning the water on at the end of the month but will be cutting use by 50%. Also reported there is a line item in the President’s budget for the Atlas tailings project.

Future Considerations Council Member Jackson requested a Public Lands Policy Coordination Office study.

Closed Session(s) (if necessary) MOTION: Motion by Council Member Ken Ballantyne to enter Closed Session at 6:50 p.m. to discuss the purchase, exchange, lease or sale of real property. Present were: Council Members Ciarus, Holyoak, Paxman, Jackson, Tubbs, Ballantyne and Nyland along with Clerk/Auditor Diana Carroll, Council Administrator Ruth Dillon, County Attorney Andrew Fitzgerald, Community Development Director Krissie Braun and Horrocks Engineer Dave Dillman. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0. MOTION: Motion by Council Member Ken Ballantyne to end the Closed Session at 7:06 p.m. Motion seconded by Council Member Elizabeth Tubbs carried 7 – 0.

Adjourn The meeting adjourned at 7:08 p.m.

Gene Ciarus Grand County Council Chair

ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 3 of 3 4/9/2013

GRAND COUNTY COUNCIL Special Meeting 125 East Center Street Moab, Utah

April 17, 2013

The Grand County Council met in Special Session on the above date in the Grand County Council Chambers of the Courthouse located at 125 East Center Street, Moab, Utah. The meeting was called to order by Chair Gene Ciarus at 9:00 a.m. In attendance were Council Members Gene Ciarus, Patricia Holyoak, Lynn Jackson and Jim Nyland along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon. Council Members Elizabeth Tubbs, Rory Paxman and Ken Ballantyne were absent.

Workshop: A. Continued Workshop on Discussing Section VIII of the Employment Policies and Procedures Manual Human Resource Director Orlinda led the discussion regarding proposed changes in Section VIII of the Employment Policies and Procedures.

ADJOURN The meeting adjourned at 11:25 a.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 1 of 1 4/9/2013

GRAND COUNTY COUNCIL Special Meeting 125 East Center Street Moab, Utah

April 30, 2013

The Grand County Council met in Special Session on the above date in the Grand County Council Chambers of the Courthouse located at 125 East Center Street, Moab, Utah. The meeting was called to order by Chair Gene Ciarus at 9:00 a.m. In attendance were Council Members Gene Ciarus, Patricia Holyoak, Rory Paxman, Elizabeth Tubbs, Lynn Jackson and Jim Nyland along with Grand County Clerk/Auditor Diana Carroll and Council Administrator Ruth Dillon. Council Member Ken Ballantyne was absent.

Action Items: A. Discussion and Consideration of Approving Proposed Letter to Forest Service and BLM Officials in Support of the State of Utah’s Conservation Plan and Map for Greater Sage Grouse (Chairman Gene Ciarus) MOTION: Motion by Council Member Jim Nyland to approved the proposed letter to Forest Service and BLM Officials in support of the State of Utah’s Conservation Plan for Greater Sage Grouse, together with the map(s) that accompany the State Plan, and authorize the Chair to sign all associated documents. Motion seconded by Council Member Rory Paxman carried 6 – 0.

Workshop: B. Continued Workshop on Discussing Section VIII of the Employment Policies and Procedures Manual Human Resource Director Orlinda led the discussion regarding proposed changes in Section VIII of the Employment Policies and Procedures.

ADJOURN The meeting adjourned at 11:15 a.m.

Grand County Council Chair ATTEST:

Diana Carroll Grand County Clerk/Auditor

5/3/13 Page 1 of 1

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: H

TITLE: 2012 Annual Travel Council Report

FISCAL IMPACT: N/A

PRESENTER(S): Marian DeLay, Executive Director, Moab Area Travel Council

ATTACHMENT(S): Prepared By: See slide show presentation

KaLeigh Welch, Council Office Coordinator (435) 2591346

FOR OFFICE USE ONLY: Attorney Review:

N/A

Moab Area Travel Council 2012

Year to date report Prepared by Marian DeLay, Exec. Director

Staff and Board Members

• Staff: Marian DeLay Executive Director Callie Tranter Administrative Assistant Robert Riberia Computer/Internet Specialist Michele Hill Information and Event Planner

Advisory Board: Rachel Paxman Arlo Tejada Howard Trenholme Colin Fryer Sarah Sidwell Sam Wainer John Knowles Gene Ciarus (Council Liason)

Travel Council Mission

• It is the Travel Council’s responsibility to promote and encourage local tourism to help broaden and strengthen the County’s economic base. The Travel Council seeks to accomplish this through promotion and supporting recreation, tourism, and conventions in a manner that protect the beauty and scenery of our natural environment. The objectives are to expand our market, enhance our image, change perceived weaknesses into strengths, and increase the revenue received through increased visitation.

Day to Day Functions 1. The day-to-day functions of the office are activities that include, but are not limited to: Design work for collateral (Travel Planner and Moab Series brochures) Website development, design and updates Content and media distribution to various media outlets Promotion of event venues and possibilities Answering of 800-line telephone calls Data processing of requests for information Management of a local lead program Compilation of transient room tax Familiarization tour planning and execution Advertising design work and placement Distribution of collateral for the public Management of an events grant program Research and placement of advertising campaigns Other specialty projects when time allows

2012

2012 visitation finished at Arches national park up 2.87% over 2011. There were 1,040,749 visitors in 2011 and 1,070,579 in 2012. This increase is only a reflection of the people that visited Arches and does not account for other traffic through the community. In Canyonlands the Island in the Sky showed an increase of 2.9% over 2011 as well.

The TRT for the year showed an 11% increase over 2011. We collected $1,918,561.35 in TRT and the state fees were $15,340.16, making $1,903,221.19 our final for the year . Our budget was based on a 4% increase.

2012 TRT Statistics/Updates

Utah State took over collections in July of 2011

In the 6 months of 2011 that the State took over collections the fees for that unrequested service were: In 2012 the fees for the unrequested service were:

Travel Council continues to monitor collections and reports to the State Tax Commission regularly regarding the businesses that are not reporting properly or at all

Travel Council will continue to maintain a relationship with Utah State Tax Commission and will ask for a meeting to go over the discrepancies and the loss factor we have since it was taken over by the State Tax Commission. The optimum result to this would be that we begin to collect on our again, but since that is not permissible, it would be to see the State Tax Commission do it properly.

Marketing Plan This years marketing plan was well rounded and integrated. We marketed in the drive regions of Utah and Colorado and the fly/drive market of the Pacific Northwest.

The marketing plan was broken down as follows, which includes a $175,000 grant that we applied for and received through the Utah Office Tourism Co-op Funding: Advertising and Marketing Budget: MATC and UOT $1,034,294 Utah: $300,000 Colorado: $300,000

Oregon: $350,000 Other: $ 84,294

We utilized the following methods of advertising to get the message out: Print Billboard Radio Television Transit Systems In Flight video Internet Theaters Direct mail Consumer Shows Trade Shows Events Familiarization Tours

Website Report 2012 Website hits 48,966,891 Up 6.6% Website Visits 988,120 Up 18.6% Click Throughs 868,395 Up 15% Mobile site hits 9200 Just up in fall Mobile site visits climbing now to 2000 per month

Robert is our webmaster and maintains the Website with constant updates and changes to content, photography and design. He began work on a mobile site as part of his IDP and has completed that and it has gone live. It is very user friendly and very successful, with results listed above, that are in addition to the hits and visits on the website.

Michele and Robert both maintain facebook pages for their sites.

•Meetings and Event Report Assisted Tour Operators and Group Tours to locate availability and partners within the community..

Worked with Robert to develop advertising and content for Smart Meetings and Meeting Focus, two meeting and professional publications

Continual follow up with Layne Frost event organizers has secured the event for a second year

Worked with people on wedding info, meetings, reunions, Star Hall inquiries and new events. The work included getting the information out to the community for them to respond to, locating tools and resources to make one of the listed events happen, doing site inspections, taking photos for them, essentially whatever they needed to make Moab then end location

Has been working with the Utah Rock Art Research Association Symposium for the last three years and as of this report they have confirmed Moab for their event and will utilize the Moab Valley Inn. They have approximately 140 participants staying at least one night, some will stay two, with the potential to generate over $18,000 in revenue for the community for one day. 2013 Visitor Statistics

Visitor statistics are all based on reports that we receive from the NPS. The following statistics are through March 2013

Arches NP Down 3.5%

Canyonlands NP Up 10% (#’s)

Dead Horse Point SP Down 2.7%

January, February of this year showed a large decrease in the numbers of visitors to the parks. March was busier which helped to bring the numbers a bit at Arches, and April will definitely come in with an increase. The assumption is that the early months we had bitter cold temperatures for so long so people took trips to where it was warmer or stayed home.

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: I

TITLE: Presentation of the 2013 Grand County Utah Silver Bowl Award for Exemplary Volunteer Work

FISCAL IMPACT: None

PRESENTER(S): Saina Carey, Silver Bowl Committee Chairman

BACKGROUND: Prepared By: Laura Senter is a member of the Delicate Stitcher’s Quilt Guild. Laura has made hundreds of quilts, many of which have been donated to our

Jody Ellis community. Laura ensures there is love in every stitch. Grand County RSVP Laura has been a real “cut up” since July 2007 when RSVP started the Kids Project Director in Crisis program. The majority of the Love Bag quilts go to the Pregnancy Center and The Family Support Center, with additional annual quilts going to our local Hospice, Senior Center and Seekhaven fundraisers. Laura always makes sure there is a large quilt ready in case there is a fire in the community. These quilts are truly wrapped in love, provide comfort, allow the recipient know others care about them. FOR OFFICE USE ONLY: Laura the “fabric fairy”, cuts fabric squares and makes kits that she gives Attorney Review: members of the Quilt Guild to sew into quilts as well. Then she arranges to have them quilted and bound before she delivers them to RSVP to be sent N/A out in the Love Bags to Kids in Crisis. She is a very active volunteer with RSVP and her church. Laura helped with the cutting and sewing one hundred stick ponies for the children to ride in Moab’s PRCA Rodeo, the BEACON After School’s Musical Education class and a very successful Fundraiser for the RSVP volunteer program.

Laura arranges all the flowers for the Community Church and make meals

for church members home from the hospital and “Take in Meals Program” which provides meals to those in need. Laura makes salads and desserts for funeral luncheons held at the church and she coordinates and bakes cookies for the Church Cookie Exchange each December for community shut-ins. She spends hours and hours packing and donating shoe-boxes filled with gifts for the Operations Christmas Child Project in October and November. Laura is a wonderful neighbor, she is always happy to help out by watering plants and keeping an eye on houses for friends who are out of town. She helps out by fostering newborn kittens and her kitchen always smells of home baked cookies / treats available for any visitors young and old. Laura has a big heart and an inspiration to our community. Her quietly behind the scenes loyal hard work, and dedication makes Moab a warmer and better place to live by her efforts in wrapping her loving and caring efforts up in quilts for those in need. In her spare time, Laura loves to send out cards to let others know that they are being thought of throughout the year. Laura keeps us all moving in a forward motion and for this we are grateful. As busy a she is, she always manages to make time for a warm hug.

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: J

TITLE: Presentation on American Lands Council Growth and Community Involvement

FISCAL IMPACT: None

PRESENTER(S): Commissioner Doug Heaton from Kane County – Cofounder of ALC

BACKGROUND: Prepared By: The American Lands Council is a grass roots association of counties created to promote the local control of land access use and ownership through public Commissioner Doug Heaton, education, political persuasion and where necessary litigation. Kane County

FOR OFFICE USE ONLY: Attorney Review:

N/A

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: K Local business letter to Congressman Bishop regarding proposed public TITLE: lands bill

FISCAL IMPACT: None Colin Fryer, Red Cliffs Lodge PRESENTER(S): Scott Guzman Newton, Poison Spider Bicycles Doug Sorenson, Portal RV Ashley Korenblat, Western Spirit Cycling

BACKGROUND: Prepared By: The Utah Outdoor Business Network has a strong interest Congressman Bishop’s proposal to create a public lands bill for Eastern Utah. Our hope is Ashley Korenblat, Western Spirit that this bill would provide enhanced certainty for business investment of all Cycling types in the region, including both recreation and resource extraction.

The attached letter and maps will be presented to: Congressmen Bishop, Stewart, and Chaffetz; Senators Hatch and Lee; in addition to elected officials in San Juan, Emery, and Grand Counties.

Our businesses have compiled the attached exhibits highlighting specific FOR OFFICE USE ONLY: recreation assets on these lands, to provide a starting point for discussion Attorney Review: with regard to a public lands bill.

N/A Local business leaders would like to briefly discuss the process initiated by Congressman Bishop with the Grand County Council.

ATTACHMENT(S): 1. Letter from the Utah Outdoor Business Network to Congressman Bishop dated May 15, 2013 2. Exhibits A and B 3. Letter from Colin Fryer to Congressman Bishop dated May 1, 2013

March 15, 2013

Honorable Rob Bishop United States House of Representatives 123 Cannon House Office Building Washington, DC 20515 [email protected]

RE: Eastern Utah Public Lands Legislation

Dear Representative Bishop,

Thank you for the opportunity to participate in the development of a comprehensive lands bill for Eastern Utah. The Utah Outdoor Business Network (UOBN) is a group of Utah businesses that have a stake in public lands management in Eastern Utah. Our businesses depend on recreation assets located on our public lands, both for the visitors these assets attract and the quality of life recruits they bring. Both groups bring critical revenue to our companies.

These comments identify the many outstanding recreation assets on public lands that currently support Utah’s regional economies as well as many of the recreation assets that have significant future potential to contribute to economic development in Eastern Utah. This letter also identifies a range of public land designations that would protect and enhance these recreation assets.

I. EASTERN UTAH’S RECREATIONAL ASSETS ARE KEY TO PROTECTING AND GROWING OUR REGIONAL ECONOMY

Many recreation locations on public lands in Eastern Utah are popular destinations for visitors and are important elements of the local and regional economies. In Utah, outdoor recreation, both motorized and non-motorized, generates $12 billion in consumer spending, creates 122,000 in direct jobs and provides $856 million in state and local tax revenues. These numbers do not include quality-of-life recruits who live in Utah because of its incredible outdoor recreation of all types. Currently some 82% of Utahns participate in outdoor recreation. And the state is consistently attracting new residents, who care about the out of doors, and who will continue to bring this number up every year.

The many areas that deserve protection through this process are outlined in Attachment A hereto. Numerous additional recreation assets in Eastern Utah also hold promise for the future development of a recreation economy through visitation and outfitter permitting. These recreation assets currently support hundreds of businesses that cater to tourists such as restaurants, hotels and retail shops. The recreation assets also attract permanent “quality of life” recruits who move to Eastern Utah for these unique landscapes and sustain local

economies through property taxes and, frequently, the outside incomes they bring with them and their resultant local spending. These assets are provided in Attachment B.

II. LAND DESIGNATIONS TO PROTECT REGIONAL RECREATION ASSETS AND LOCAL ECONOMIES

The UOBN recommends a variety of designations as appropriate to protect and enhance recreation assets that support Eastern Utah’s economy. The range of potential designations, which may apply differently according to each asset, includes the following:

• National Recreation Area, National Conservation Area, and/or National Park expansion. • Wilderness, Wild & Scenic River status (for the Green, Colorado, Dirty Devil, Muddy Creek, and San Rafael rivers). • SITLA Land Exchange to optimize areas of resource development potential while simultaneously protecting high value recreation lands currently on SITLA lands. • Historical and cultural resources additions to the National Register of Historic Places. • Mineral withdrawal of certain high value recreation lands.

For most of these designations, the BLM and USFS should conduct comprehensive Travel Management Planning through NEPA.

* * * The Utah Outdoor Business Network commends your leadership in bringing together diverse stakeholders, and we request our involvement as you further develop this process. Please contact our representatives at Public Lands Solutions—Ashley Korenblat ([email protected]; 801-910-3205) or Jason Keith ([email protected]; 435-709-8674)—if you have any questions or comments regarding the contents of this letter or its attachments.

Thank you for considering our interests in the outcomes of this important public lands initiative.

Sincerely, the undersigned:

Poison Spider Bicycles Brian Merrill Scott Guzman Newton Western River Expeditions 497 North Main Street 7258 Racquet Club Drive Moab, UT Salt Lake City, UT

Holiday River Expeditions West Winds Restaurant Tim Gaylord Allen Burns 1055 East Main Street 585 East Main Street Green River, UT Green River, UT

Far Out Expeditions Western Spirit Cycling Vaughn Hedenfeldt Mark Sevenoff 7th and Mulberry 478 Mill Creek Drive Bluff, UT 84532 Moab, UT

2

Outerbike Milt's Stop & Eat Sean Hazell William Laprade 478 Mill Creek Drive 356 Mill Creek Drive Moab, UT Moab, UT

Canyon Country River Adventures Moab Trail Marathon Jason Taylor 486 Riversands Road Danelle Ballengee Moab, UT 577 Cliffview Drive Moab, UT Rim Tours Kirstin Peterson Sabaku Sushi 1233 S. Highway 191 Frankie Winfrey Moab, UT Alex Borichevsky 90 East Center Street Red River Adventures Moab, UT Carl Dec 1140 S. Main Street Steve & Nicki Hazlett Moab, UT World Wide River Expeditions 625 Riversands Rd. Moab Adventure Center Moab, UT 84532 Jamie Pearce 225 South Main Street Moab, UT Moab Cliffs and Canyons Brett Suteer One Way Boat Works 253 North Main St. Herm Hoops Moab UT, 84532 PO Box 1234 Jensen, UT Recapture Lodge Jim and Luanne Hook Moab Cyclery P.O. Box 309 Jacques Hadler Bluff, UT 84512 391 S. Main St. Moab, UT Chile Pepper Bike Shop Tracy Reed Escape Adventures 702 South Main Tim Schall Moab, UT 84532 391 S. Main St. Moab, UT Robbers Roost Motel Keith Brady Moab Springs Ranch 325 East Main Megan Coleman Green River, UT 1266 North Highway 191 Moab, UT

Moab Valley RV Resort Tex Divine 1778 N. Highway 191 Moab, UT 84532

Magpie Cycling Maggie Wilson 497 N. Main Street Moab, UT 84532

Paradox Pizza Susan Kittler 702 South Main Street Moab, UT 84532

Red Rock Pilates Tasha Savage 50 E. Center Street Moab, UT

Colorado River and Trail Expeditions Vicky Mackay 255 E 1000 N Green River, UT

Lost River Clothing Dave Knowles 2151 Hwy 191 Moab, UT

Windgate Adventures Eric Odenthal PO Box 932 Moab, UT

Cc: Senator Orrin Hatch Senator Mike Lee Representative Jason Chaffetz Representative Chris Stewart San Juan County Commissioners Emery County Commissioners Grand County Council

4

EXHIBIT A AREAS PERMITTED TO RECREATION OUTFITTERS IN EASTERN UTAH

Rafting in Cataract Canyon, hiking in The Needles, and Climbing at Indian Creek

1

Mountain biking at Gemini Bridges, Bar M, Klondike and Slickrock, Colorado River rafting, climbing at Castle Valley and

2 _......

Rafting Westwater and Desolation Canyons, mountain biking Anasazi Trail

3

Canyoneering Escalante, Canyon and Hatch Wash, Rafting San Juan River, hiking Cedar Mesa

4

BOATING Medieval Chamber 38°35'30.80"N, 109°30'29.40"W Green River Desolation Canyon 39°37'44.06"N, 110° 0'22.96"W Tierdrop Canyon Labyrinth Canyon 38°40'34.58"N, 110° 5'23.05"W Krill Canyon 38°44'35.75"N, 109°33'56.83"W Stillwater Canyon 38°19'16.29"N, 109°58'10.19"W Pleiades Canyon 38°28'29.36"N, 109°17'27.19"W Gates of Lodore 40°42'50.17"N, 108°53'30.07"W Dipper Cr Canyon Colorado River Cataract Canyon 38° 0'1.73"N, 110° 7'53.41"W Granary Canyon Westwater Canyon 38°58'14.89"N, 109°13'32.46"W Chamisa Canyon 38°33'11.48"N, 109°40'54.93"W Moab Daily 38°41'0.82"N, 109°27'21.19"W Cedar Mesa Fry Canyon 37°38'55.75"N, 110° 9'31.15"W San Juan River Bluff to Lake Powell 37°16'22.08"N, 109°34'40.80"W The Black Hole 37°48'57.01"N, 110°18'12.12"W Yampa River Dinosaur National 40°28'38.36"N, 108°43'42.28"W Monument North Wash Leprechaun Canyon 38° 2'7.37"N, 110°31'26.69"W

HIKING AND CANYONEERING Blarney Canyon 38° 2'1.41"N, 110°32'17.84"W San Rafael Swell Buckhorn Draw 39° 5'54.75"N, 110°39'47.70"W Etc. The Maze 38°14'8.67"N, 109°59'29.43"W Wedge Overlook 39° 5'43.75"N, 110°44'55.35"W Fiery Furnace 38°44'37.71"N, 109°33'39.21"W Southern Swell 38°37'10.76"N, 110°43'57.78"W The Needles 38° 8'6.61"N, 109°48'41.05"W Hidden Splendor 38°34'25.03"N, 110°57'7.46"W MOUNTAIN BIKING Moab Area Negro Bill Canyon 38°36'29.68"N, 109°31'53.40"W San Rafael Swell Buckhorn Draw 39° 9'58.57"N, 110°44'16.25"W Fisher Towers 38°43'30.41"N, 109°18'31.36"W Wedge Overlook 39° 0'49.14"N, 110°29'16.97"W Entrajo Canyon 38°28'52.80"N, 109°24'13.66"W Moab Area Klondike Bluffs 38°46'10.97"N, 109°43'42.76"W Dragonfly Canyon 38°39'45.53"N, 109°34'58.02"W

5

Bar M Trails 38°38'31.78"N, 109°39'14.94"W /Castle 38°39'5.25"N, 109°22'3.84"W Valley Courthouse Loop 38°39'47.33"N, 109°44'33.71"W River Road 38°36'24.42"N, 109°32'32.33"W Dead Horse Point 38°29'35.83"N, 109°43'52.97"W Intrepid Trails Potash Road 38°33'19.88"N, 109°35'37.66"W

Bartlett Wash 38°42'6.31"N, 109°46'33.57"W Kane Creek 38°30'29.08"N, 109°35'55.77"W

Amasa Back 38°31'46.44"N, 109°37'54.10"W Looking Glass Rock 38°16'31.97"N, 109°24'16.28"W

Gemini Bridges/Mag 38°35'11.73"N, 109°42'35.75"W VARIOUS Seven Scenic Flights & Hot Porcupine Rim 38°36'19.14"N, 109°23'36.70"W Air Balloon Sovereign Trail 109°23'36.70"W, 109°40'58.79"W Hunting/fishing La Sals Slickrock Trail 38°35'21.53"N, 109°31'13.39"W Abajo Mountains/Elk Ridge White Rim 38°23'33.07"N, 109°46'40.31"W Book Cliffs Whole 38°30'43.55"N, 109°15'48.08"W Enchilada/Hazzard Photography tours Arches/Canyonlands Down Equestrian Castle Creek 38°40'16.46"N, 109°27'5.48"W Kokopelli Trail 38°45'0.60"N, 109°12'44.19"W Professor Valley 38°41'19.05"N, 109°20'32.60"W Lockhart Basin 38°19'31.64"N, 109°42'14.02"W Onion Creek 38°43'1.14"N, 109°20'2.08"W ROCK CLIMBING San Rafael Swell Buckhorn Draw 39° 6'32.32"N, 110°40'25.60"W Colorado River 38°44'17.91"N, 109°20'53.02"W

Moab Area Indian Creek 38° 2'13.87"N, 38° 2'13.87"N Sevenmile Canyon 38°39'22.62"N, 109°42'44.15"W

Fisher Towers 38°43'1.81"N, 109°17'58.42"W

6

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION

RAFTING, CANOEING, PACKRAFTING

Cataract Canyon Labrynth Canyon Lake Powell Moab Daily Dolores River San Rafael River Muddy Creek Dirty Devil River Yampa River White River Desolation Canyon Gray Canyon Stillwater Canyon Escalante River ! !

RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 1

......

MOUNTAIN BIKING

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 2 ......

HORSEBACK RIDING, BASE JUMPING Red Cliffs Colorado River Little Grand Canyon Moab Castle Valley Potash Road Anasazi Wall Millcreek Top of the World Mineral Point Kane Creek Castleton Tower Ancient Art Professor Valley Pack Creek Goblin Valley

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 3

ROCK CLIMBING Disappearing Angel Echo Towers JKRF Butte Merrimac Butte Seraph Monitor Butte Cave Route and Curving Corner House of Putterman Nose Dive Sunset Tower Looking Glass Rock Hideout Wall Joe Wilson Canyon The Titan Big Indian Rock Fisher Towers North Spur Cottontail Tower Long Canyon North Mystery Towers Long Canyon Tower Doric Column Jug Handle Buttress Top of the World Maverik Buttress River Tower Warrior Predator Tower Hidden Door The Tombstone Deadman's Buttress Moonlight Spire Long Canyon 1 The Tombstone Program Director The Bakery Reptilian Wall Anasazi Arete Peccadillo Ice Cream Parlor Sidewinder Space Tower The Bakery Wall Street 1 Bradstone Highway Wall Street 2 Offwidth City Wall Street 3 Lion's Back Wall Street 4 Physics Department Gold Bar Tower Two Tortoise Rock EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION Monticello Rock 4

CANYONEERING

Clearwater Canyon The Black Hole of White Canyon Cheesebox Canyon Cowboy Canyon Duckett Slot Fortknocker canyon Fry Canyon Slot Gravel Canyon Hideout Canyon Horse Tanks Canyon Long Canyon Lower White Canyon Short Canyon Swett Canyon Double Arch Tower Arch Trail The Windows Courthouse Wash Park Avenue Balanced Rock Delicate Arch Spanish Bottom Red Lake Canyon Cyclone Canyon Chessler Park

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 5 ......

OFF HIGHWAY VEHICLES

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 6

BOATING Green River - Ouray to Green White River - Rangely (CO) Colorado River - Loma River Town to Green River launch to Westwater launch Green River - Green River Yellowstone - Swift Creek to Colorado River - Westwater Town to Colorado River Reservoir Canyon to Rose Ranch Huntington Creek - Left Fork MT BIKING Colorado River - Cisco (Rose to Utah P&L Farm White Rim Ranch) to Moab Huntington Creek - Left Hand White Rim Track Colorado River - Moab to Fork Fisher Mesa Powell Reservoir (Cataract Lake Fork - Moon Lake to Pole Canyon Canyon) Yellowstone River Hey Joe Cottonwood Creek - Joe's Muddy Creek - I-70 to Tusher Canyon Right Valley Res. to Route 29 Hanksville Tusher Right Currant Creek - Dry Hollow Price River - Scofield Res. to Adobe Mesa to Strawberry River above Price Cn Bachelor's Pass Dirty Devil River - Hanksville Price River - Above Price Cn Flat Pass - Steelbender's to Hite to Castle Gate Burro Pass Dolores River - Gateway to Price River - Woodside to Tusher Canyon Left Colorado River (UT) Green River Tusher Left Duchesne River - Hades Rock Creek - Stillwater Dam Top of the World Campground to Rock Cr to Route 134 Prostitute Butte Escalante River - Hwy 12 to San Juan River - Sand Island 24 Hours of Moab - Route Lake Powell to Mexican Hat Bartlett Wash Ferron Creek - to Millsite Res. San Juan River - Mexican Hat Onion Creek Fremont River - Torrey to to Clay Hills Midnight Meadows Capitol Reef CG San Rafael River - Fuller Monitor and Merrimac Fremont River - Capitol Reef Bottom to San Rafael CG Sheepherder's Loop CG to Waterfall (Little Grand Canyon) Spring Canyon Green River - Flaming Gorge San Rafael River - Bridge at Behind the Rocks to Lodore (CO) San Rafael Campground to I- Kane Springs Green River - Lodore to Echo 70 (Black Boxes) Kokopelli Trail Park Strawberry River - Soldier Whole Enchalada Green River - Echo Park (CO) Creek to Starvation Res. Sidewinder to Split Mountain Uinta River - Uinta Valley Sidewinder CG to Power Plant EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 7

Rusty Spur 7-Top Polar Mesa Rockstacker Bar-M Route to Polar Mesa Mines Rockin' A Flat Iron Mesa La Sal Mountain Loop Road Pothole Arch Trail Head(Flat Iron Mesa) Porcupine Gulch Pothole Moab Rim (Potash - Shafer Road - Long Portal Hidden Valley Canyon Loop) Pipedream (Hidden Valley to Moab Rim) Potash - Shafer Road - Long Oto40 (Shortcut) Canyon Loop North 40 Jackson's Hole (Pritchett Natural Bridge) Maverick Hurrah Pass Pritchett Canyon - Hunters Longbranch Kane Creek Canyon Rim Little Canyon Poison Spider Mesa Dead Horse State Park LazyEZ (Poison Spider Tracks) River Road KlonZo (Gemini Bridges - Long Arches National Park Killer-Bike Canyon) River Portal-Potash Road Killer-B Gemini Bridges River Portal-Potash Route Jackson's Gran Fondo Moab Slickrock Trail Practice Loop Jackson's Trail (Intrepid Trail System) Slickrock Trail Hunter Cyn Rim Intrepid Trail System Sovereign and Cedar Agate Loop Hunter Canyon Rim Mountain Goldbar Baby Steps Circle-O Baby Steps Loop CLIMBING Family Butte ST Copper Ridge Rd Baby Steps Turkey Tower Getaway San Rafael Knob Great Escape Dino Flow EKG-Prac Head of Sinbad Deadman's Ridge White Knight Bull Run EKG Jasper Loop Devil's Monument Bar-M Loop Klondike Bluffs Mustard Jar Bar-Bie Klondike Bluffs Tr The Weasel Bar B Little Salty Pine Creek Arths Corner Mega Steps Bottleneck Peak 75 yd Trail UFO-BLM Eastern Reef Slabs and Walls Amasa Back UFO_SITLA Buckhorn Wash Dylan Wall - San Rafael 7-Top ST UFO EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 8

Swell Thumb Pistol Whipped Stock Exchange Wall Sand Bar Camp Sabbatical Wall Spaghetti Western Wall Blue Gramma Bioturbation Assembly Hall Peak Supercrack Rambo Walls Halloween Wall Donnelly Canyon Tricks are For Kids Chocolate Wall Battle of the Bulge New Wave Sandcastle Cactus Flower Friction Slab Huntington Canyon Scarface Broken Tooth camping Triassic Power Wall Creek Pasture toilet Green River Towers Love Wall Harts Draw 2 Joe's Valley 1 Reservoir Wall Harts Draw 3 Joe's Valley 2 Cat Wall Harts Draw 4 New Joe's Broken Tooth Harts Draw 5 Battleship Butte The Fin Hamburger Rock Gunnison Butte Six Star Wall Bridger Jack climbing Right Fork new area Bridger Jack climbing Seven Drunken Sailors Disappointment Cliffs Lavender1 The Anvil First Meat Wall Lavender 2 Petard Tower Meat Wall BJ2 Sitting Hen The Tenderloins BJ3 Franklin Butte Original Meat Wall Cottonwood 1 Eagle Plume Tower Sacred Cow Cottonwood 2 North Tower Cliffs of Insanity Horse Creek Tom-Tom Tower The Back Wall Wicked Crag Tides of Mind The Wall Upper Millcreek 1 Putterman in a Bathtub 75 Cairns Lower Millcreek 1 The Hand of Puttima North Six-Shooter Peak Lower Millcreek 2 Lady in a Bathtub South Six-Shooter Peak Upper Millcreek 2 Hidden Tower Bridger Jack climbing Kentucky Fried Crag Harts Draw 1 Optimator Upper Brumley Trisstin's Tower 4X4 Wall Lower Brumley Amazon Tower Technicolor Wall Dark Canyon bouldering Solstice Tower Attitude Wall Ron's Tower The Orphan Sparks Wall Moonflower Tower Mitten Butte and Attila's The Prow Chimney Smoke EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 9

Elvis's Hammer Charlie Horse Tower Mars Hotel Factory Butte Candlestick Tower Tower of Babel Castleton CG Monument Basin Sheep Rock Round Mountain Airport Tower The Lamb Castleton Tower Monster Tower The Great Wall Presidential Pinnacle Islet in the Sky Off-Balanced Rock Blocktop Owl Rock Nuns Chip and Dale Towers Squaw Pinnacle The Priest Castleton CG Bullwinkle Tower Parriot Mesa Round Mountain The Remnant Crooked Arrow Spire Castleton Tower Tonka Tower Felony Tower The Rectory The Wishbone Andrey's Tower Convent Elephant Butte Gollum Sister Superior Double O Arch Witch and Warlock Nuns Broken Arch The Crack House The Priest RFSL Tower Little Valley 3 Parriot Mesa Plum Pudding Little Valley 2 Crooked Arrow Spire Oobleck Tower Little Valley 1 Devil Dog Spire Pilar of Bubdom Gooney Bird Tower Dark Angel Androids The Bride Marching Men Bootleg Tower The Match Stick The Pickle Spider Woman Crow's Head Towers Sunshine Wall Acromaniac Kachina Spires The Three Penguins Pocket Rocket Cenotaph Spire Zippy Zebra Big Bend bouldering Lost World Butte Area Park Avenue Hidden Tower Roadside Fling Tower Candelabrum The Stinger Cheesewhiz Jello Tower The Scorpion Spring Canyon 1 The Corndog Stupid White Man Spring Canyon 2 Heart of the Desert Big Bend Butte Sand Bag Sunset Tower Lighthouse Tower Rim Descent Wall Argon Tower Dolomite Spire Bird's Eye Butte The Three Gossips Big Bend Bouldering 1 Moses and Zeus Towers The Organ Big Bend Bouldering 2 EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 10

Buffalo Chip Boulder Moab Rim Towers Big Spring Canyon Big Bend Bouldering 3 Disappearing Angel Big Spring Canyon NBJG Tower JKRF Butte Confluence Overlook Gopher? Seraph The Maze Freedom Fries Cave Route and Curving Whale Rock River Road 2 Corner Pale Ale Buttress Nose Dive Holeman Spring Anasazi Wall Looking Glass Rock Murphy's Hogback River Road 3 Joe Wilson Canyon Gooseberry River Road Dihedrals Big Indian Rock Grandview Point Sorcerer and Sorcerer's North Spur Trail Canyon Apprentice Long Canyon North Neck Spring Split Pillar Long Canyon Tower Lathrop Barney Rumble Tower Jug Handle Buttress Bridge Buttress Maverik Buttress River Road 4 Warrior Blender Hidden Door Cameltoe Canyon River Road 6 Deadman's Buttress Dragonfly Canyon The Theater Long Canyon 1 Elephant Butte The Cinema Program Director Entrajo Canyon River Road Bouldering Reptilian Wall Fiery Furnace River Road 7 Peccadillo Granary Canyon Podium Spire Sidewinder Krill Canyon (restricted) Dewey 1 The Bakery Lomatium Canyon Dewey 2 Bradstone Highway (restricted) Dewey 3 Offwidth City Medieval Chamber Dewey 4 Lion's Back MMI Canyon 5 Mile Physics Department Pleiades Canyon Bunny Slope Gold Bar Tower Repeat Jr Mars Two Tortoise Rock Rock of Ages Frog on a Lillypad Monticello Rock Undercover Canyon Crohn's Wall Willis Tower Winter Camp Slot Finger of Fate Pyramid Butte Blarney Left Fork Bounce Test CANYONEERING Blarney Right Fork Shark's Fin Squaw Canyon Butler Canyon (Main Fork) EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 11

Crescent Creek aka Woody Canyon High Spur Conundrum Canyon Yellow Brick Road Ho Hum Fork Death Canyon Adobe Swale Horseshoe Canyon Foolin Around Slot Alcatraz Canyon Larry Canyon Hog 1 aka Boss Hog Angel Cove - Main Fork Lost Angel Hog 2 Angel Cove - South Fork Mindbender Hog 3 aka Razorback Angel Slot Hell's Hole Hog 4 aka Miss Piggy Arscenic Little White Roost Hog Spring Waterfall Benign Canyon Moonshine Wash Hogwarts Big Spring NW Fork No Man's Canyon – N Fork Horse Play Canyon Big Spring East & West Fork No Man's Canyon – S Fork Leprechaun (East Fork) Bingo Canyon North Fork Robbers Roost Leprechaun (Main Fork) Bloodhound Canyon Turner Canyon Leprechuan (West Fork) Blue John Canyon - East Pasture Canyon - West Fork Lucky Charms Fork Blue John - Little East Fork Maidenwater (Lower) Blue John Canyon - Little Low Spur Maidenwater (Upper M Blue John Lost Park Fork) Blue John Canyon - Lower Lost Spring (Middle) Maidenwater (Upper South Blue John Canyon - Main Lost Spring (North) Fork) Blue John Canyon - West Maybe Mindbender Merry Piglet Exit/Entrance Monoxide Monkey Business Slot Blue John Canyon - West Not Mindbender Morocco Canyon Fork Robbers Roost Canyon - M Munchkin Blue John Cn - Squeeze Fork Fork No Kidding Buck Canyon - East Fork Robbers Roost Cn - S Fork Playin Around Slot Buck Canyon - West Fork Tidwell Canyon Sandthrax Bull Pasture Canyon Sam's Mesa Box Canyon Shillelagh Left Fork Burr Slot Sawtooth Canyon Shillelagh Right Fork Chambers Canyon Slideanide Shenanigans Slot Constrychnine South Fork Robbers Roost Trachyotomy East Fork of Pasture Canyon Three Canyon Trail Canyon Fallen Angel Twin Corral Box Canyon Stair Canyon Gruvers Slot Water Canyon (Roost) Woodruff Canyon Happy Canyon White Roost Canyon - East EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 12

Fork Lost Eden The Chute of Muddy Creek White Roost Canyon - West Moepitz Cn Enigma Canyon Fork Mumbai Canyon Eardly Cn Anasazi Canyon Not Annie’s Crack Cn Annie North Fork Paradiso Farnsworth Cn Annie’s South Fork Peach Wash Dang and Ding Canyons Another Antelope Pottymough Eagle Canyon O Canyon Pinon Cn Goblin’s Lair Bald Rock Canyon Pothoez Fault Cn Bluer Pool Wash Psycho D Gem Canyon Butterfly Canyon (closed) Moqui Cn 1 Iron Wash Funslot Moqui Cn 2 Horse Heaven Cn Cha Canyon Moqui Cn 3 Knotted Rope Cn Caol Canyon Nasja Can Little Wild Horse Cn Clear Creek Purgatory Music Cn Crystal Springs 1 Seven Mile Cn Quandry Cn Crystal Springs 2 Seven Mile Big East Fork Penitentiary Cn Downward Spiral Mud Cn Little East Fork East of Eden North Fork of Iron Wash Smith Fork Endless Eden Ramp Canyon Ticaboo Cn Glaucoma Straight Cn West Canyon Slot Good Day Jim Wild Horse Window Wormhole Happy Hog Zero Gravity Can Baptist Draw Hard Day Harvey Temple Mt Wash Black Dragon CN Inerno The Squeeze Bell Canyon Kaibito Creek Segers Window Cn Black Box (lower) Lehi Cn Box and Double Arch Limbo

EXHIBIT B - RECREATION ASSETS IN THE GREATER CANYONLANDS REGION 13 red c l iffs l o d ge moab's adventure headquarters

May 1,2013

Honorable Rob Bishop United States House of Representatives 123 Cannon House Office Building Washington, DC 20515 [email protected]

RE: Eastern Utah Public Lands Legislation

Dear Representative Bishop and other decision making partners,

Thank you for the opportunity to voice my views on possible upcoming legislation for public lands in the greater Moab area. I own and operate several tourism dependant business; including Red Cliffs Lodge, 3 motels, a restaurant, a guide and outfitter business for horseback adventures, a horse ranch and a winery with the maintenance and other support business to keep everything running. I employ 160 or so with a several million dollar payroll. In addition I'm active in the promotion of tourism serving as chairman of the Utah Office of Tourism Marketing, committee most recently helping launch Utah's new "Mighty 5" summer national campaign. I serve on the Moab Area Travel advisory board and I'm a member of the National Parks Conservation Association for the Southeast Region. I also have experience working with our local movie industry and was a cattle ranch for many years. I mention this only as a way to introduce myself as having some experience and ability to testify as to the importance of our public lands as the sustaining backbone of tourism in this area.

I am a proponent of the mUltiple use of our public lands and believe that all stakeholders should be involved in any decisions regarding those lands. I believe there is room for grazing, mineral development, motorized and non motorized recreation, but that they should not all occur in the same place. I support common sense, some compromise but always with an eye for the greater good in any decision for the public land use.

Mile 14 Highway 128 Moab. UT 84532 Tel: 435-259-2002 Toll Free: 866-812-2002 Fax: 435-259-5050 [email protected] redcliffslodge.com red c li ffs lodge moab' 5 adventure headq uarters

For the purpose of this note I'd like to point out a few ideas I think are important for considering tourism in the conversation.

1. There is a popular misconception that tourism jobs are low paying and benefits less and less desirable. While that may have been true in the beginning I can say that my crew members make more than their peers in other non tourism jobs, they receive comparable benefits, and they like the work.

2. Tourism in our area is healthy and expanding. Salt Lake City and Wasatch front at our front door and 1-70 to Denver in our back door continue to grow and those people need and want the outdoor recreation Moab provides. Moab also continues to be more known and popular nationally and internationally and is considered a bucket list place to visit. Our tourism base is diversified with two National Parks, State Parks, the Colorado river, vast open BLM and Forest Service land and a small town that has maintained its charm. I know positively that tourism is the staple of our area economy and will out preform the earlier traditional industries and will continue to lead our area economically.

3. Tourism helps improve the brand and image Utah has in the world. Many peop~e look favorable on Utah when they come to know the great iconic beauty and recreation opportunities our Southeastern Utah has to offer.

4. Southeastern Utah tourism needs wide open spaces, some pristine and wild areas, as well as the National Parks to continue to thrive. While I DO NOT advocate the proposed Greater Canyonlands Monument I do encourage that as decisions are made regarding our land, some of it needs special protection.

Mile 14 Highway 128 Moab. UT 84532 Tel: 435-259-2002 Toll Free: 866-8 [2-2002 Fax: 435-259-5050 [email protected] redcliffslodge.com r ed c l i ffs l odge moab ' 5 adventure headq uarters

I talk with many of my guests daily and I hear them testify to the fact that clear skies, clean air, and iconic open space are extremely important in their choice of places to visit and or revisit. These things that are important to our visitors are also important to our movie industry and we have had a good past year, culminating with the release of the Lone Ranger in July showcasing the great, one of a kind, Utah landscapes.

As a strong advocate of tourism and a proud citizen of Moab I encourage the decision makers to consider the importance of protecting our iconic landscapes while also making room for the other mUltiple uses.

Sincerely,

Colin Fryer

Mile 14 Highway 128 Moab. UT 84532 Tel: 435-259-2002 Toll Free: 866-812-2002 Fax: 435-259-5050 [email protected] redcliffslodge.com

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: L

TITLE: Discussion on Sending Requests for Proposals to Energy Services Companies (ESCO’s) to Provide Budget-Neutral Energy Efficiency Improvements to County Buildings

FISCAL IMPACT: Potential for overall savings

PRESENTER(S): Ruth Dillon, Council Administrator

BACKGROUND: Prepared By: Government entities are authorized by the State of Utah to enter into agreements with Energy Service Companies (ESCOs) in order to improve Ruth Dillon Council Administrator energy efficiencies—including utilities—in public facilities. The companies (435) 259-1347 are required by law to guarantee energy savings by verifying a positive cash flow for each project and for each year during the payback term, thus making the energy efficiency improvements budget-neutral.

Typical projects include retrofitting or upgrading to existing lighting, heating and air conditioning systems, as well as roofing, windows, and insulation. Potential county facilities for energy efficiency upgrade projects, funded FOR OFFICE USE ONLY: through individual budget savings, include the courthouse/jail, Old Spanish Attorney Review: Trail Arena, road shed, Sheriff’s Office (old library), airport, museum, Travel Council building, EMS shed/”bus barn,” Melich House, Emergency N/A Operations Center, and the old senior center, among others. The newer Grand Center and Library could be evaluated at no cost as well.

The Energy Service Companies offer a no-cost feasibility study with preliminary cost savings and project recommendations and—for viable projects—a turnkey service to obtain utility incentives (such as through Rocky Mountain Power), any needed financing for retrofits and upgrades, along with construction management to procure and install the upgrades.

If the County is interested in pursuing energy efficiency improvements to County buildings, the first step is to publish a Request for Proposals (RFP) or a Request for Qualifications (RFQ). Attached is a draft RFP. Upon contract award, the Energy Service Company would need the County’s cooperation in providing utility bills for the prior two years as well as access to facilities in order to complete the feasibility study. Assuming there are projects for energy efficiency, the Council would then consider whether to move forward with an in-depth energy study provided by the Energy Service Company, whose costs could be rolled into any needed project financing. Worst case: If the County agreed upon the in-depth energy study and then did not pursue any project financing, the County would be obligated to pay for the in-depth energy study, at a cost of potentially several thousand dollars. Best case: Turnkey energy efficiency upgrades in County facilities, funded through utility cost savings.

ATTACHMENT(S): 1. Draft RFP

GRAND COUNTY REQUEST FOR PROPOSALS (RFP)

FOR

Grand County Energy Performance Contracting

______, 2013

Proposals are due by Monday, ______2013 5:00 p.m.

SEND ONE (1) COPY OF THE PROPOSAL TO: Clerk/Auditor’s Office Diana Carroll, Clerk/Auditor 125 E. Center Street Moab, UT 84532 Phone: 435-259-1322 Fax: 435-259-2959 Email: [email protected]

SEND TECHNICAL INQUIRIES Council Office Ruth Dillon, Council Administrator 125 E. Center Street Moab, UT 84532 Phone: 435-259-1347 Email: [email protected]

IMPORTANT NOTICE TO ALL RESPONDENTS: Grand County reserves the right to: disqualify incomplete proposals, waive minor defects as it deems applicable in the written proposals, request additional information from any respondent, change or modify the scope of the project at any time without penalty, negotiate terms with one or more of the respondents, reject any or all proposals without penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work. Proposals will not be considered for award if received by Grand County after the official closing date and time.

PART I- SCOPE OF SERVICES.

SCOPE. Grand County is accepting proposals for a qualified Energy Service Company (ESCO) to provide Performance Contracting Services for energy efficiency improvements of County facilities at guaranteed annual savings. To be eligible for consideration the ESCO must be pre-qualified and registered with the State of Utah Governor's Energy Office Energy Performance Contracting program (GEO/EPC), as well as the Utah State Procurement Office. Only GEO/EPC firms will be considered.

Grand County intends to follow the State of Utah’s ESCO Selection Process to award the performance contract.

The goal of the project is to evaluate Grand County facilities for energy efficiency upgrades, provide a comprehensive energy audit, report and make recommendations for possible projects, assist and/or provide financing of the proposed energy projects, and provide project management and implementation. As part of Performance Contracting, the awarded ESCO must track and report on both short term gains and long term results of projects performed such that all projects remain cash-flow positive and guaranteed savings are verified annually.

The County owns multiple buildings/facilities and has specific projects to be evaluated during the process and to potentially be included in the overall scope of the performance contract. Examples of needs include: evaluating and potentially upgrading/retrofitting existing lighting (interior, exterior, parking lots), roofing, HVAC (heating, air conditioning, insulation/weatherization, systems/controls/automation, motor upgrades, boilers/chillers, windows, water heaters, thermostats, natural gas, electricity), water (water coolers, sinks, irrigation controllers/heads/in-ground systems). One specific facility to be considered is the Old Spanish Trail Arena, approximately 55,000 square feet, and approximately 23 years old.

Grand County anticipates the awarded ESCO will be a long term partner in the local government’s Energy program. As such Grand County will potentially be contracting for multi-year services subject to State of Utah rules and regulations. Grand County desires an aggressive energy savings program to result from the relationship.

SPECIAL REQUIREMENTS. A no-cost feasibility study must be offered under a Letter of Understanding, to include the County’s cooperation, in order to: identify facility improvement measures that could be implemented as project(s) to improve mechanical/electrical system infrastructure and operational efficiencies; and to provide preliminary estimates of implementation costs and operational savings. The County will cooperate by providing copies of the most recent 24 months’ of utility bills for gas, electric, water, etc.; available drawings of current mechanical and electrical equipment; and physical access to survey the County facilities and equipment.

PART II- RESPONDING TO RFP.

TIMELINES: To be considered, 1 (one) sealed copy of the proposal marked “ENERGY PERFORMANCE CONTRACTING” shall be submitted to Diana Carroll, at 125 E. Center Street, Moab, UT 84532, no later than 5:00 p.m. on Monday, ______, 2013.

PROPOSAL OPENINGS: Proposals shall be opened by a representative from the Clerk Auditor’s Office and a witness in private on Tuesday, ______, 2013, 1:00 p.m. The amount of each proposal, the number of respondents, and any other relevant information shall not be public until after the negotiation process has concluded.

PRE-BID CONFERENCE: Grand County encourages interested firms to have representatives attend a pre-bid conference in person to become familiar with the County’s facilities, sub-systems, and current state of energy usage. As such, a mandatory pre-bid conference and brief facilities inspections will be held on ______, 2013 at _____ AM/PM at the Grand County Courthouse, 125 E. Center St, Moab, UT 84532.

INSTRUCTION FOR RESPONDING TO THIS RFP: It is incumbent upon each respondent to carefully examine these specifications, terms and conditions contained in this RFP. Any clarification or additional information shall be made in writing to the appropriate person called out on the cover page. When appropriate the County will respond through written means.

If it becomes necessary to revise or amend any part of this RFP, notice will be given to all respondents who are registered when receiving this package. To register please send an email to [email protected] with contact information sufficient to forward any amendment. Respondents must acknowledge receipt of the amendment in their proposal. Each Respondent should ensure that they have received all amendments to this RFP before submitting their proposal; please check the Grand County web site at www.grandcountyutah.net for any amendments.

PROPOSALS: One (1) copy of the information enumerated below is to be returned in response to this RFP. The proposals shall be sealed and marked “ENERGY PERFORMANCE CONTRACTING”. Information that shall be submitted includes:

. Company resume including contact information . Listing of proposed employees or subcontractor, if any, and scope of work they will perform . Past and current services provided of a similar size, scope, etc. and the name & telephone number of a contact person from that entity, who will be familiar enough with the past services to give a reference . Business license and certifications required to perform work . Any unique suggestions or requirements. . Submission of FORM 1 Public Records Law . Submission of FORM 2 Cost Breakdowns - The Respondent must provide a proposal of the work to be completed and include the maximum cost for the service.

FORM 1 Public Records Law

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

Upon selection of the award, submittals become “public records” and shall be subject to public disclosure consistent with the Government Records Access and Management Act. Those who submit must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

If you submit information exempt from public disclosure, you must identify with specificity which page(s)/paragraph(s) of your proposal package is (are) exempt from the Governmental Records Access and Management Act and identify the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked accordingly. By submitting an offer in response to this solicitation, you specifically agree to defend and indemnify Grand County, County Council, and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets or other proprietary information to any person making a request therefore.

Company Name: ______

Authorized representative (printed): ______

Authorized representative (signature): ______

Date: ______

FORM 2 Proposal Breakdowns

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

I, (Printed Name) on behalf of (Print Company Name), provide Grand County with this proposal and agree to comply with Part IV- Requirements/Standards

Governing RFP.

Signature:______Date: ______

Energy Performance Contracting Proposal

Describe in detail how energy performance contracting pays your firm. Using dollar figures and percentages, provide a clear example of a typical construction project to upgrade indoor lighting.

PART III- SELECTION PROCESS.

SELECTION SCHEDULE: Each proposal will be reviewed by a selection committee that may include but is not limited to elected officials, County staff members, and invitees of the County. The committee will evaluate the written proposals and rank each proposal on the considerations noted in the RFP and the State of Utah ESCO Selection Process. The committee may request the top Respondents to attend an interview and provide additional information to the committee.

The selection committee will endeavor to negotiate a contract with the successful firm. In the event that a mutually agreeable contract cannot be negotiated with the first firm, it is anticipated that negotiations will begin with the next highest rated firm and so on until a mutually agreeable contract can be negotiated. The selection committee will forward a recommendation and draft contract to the County Council for awarding of the contract.

AREAS OF CONSIDERATION IN THE SELECTION PROCESS: The selection of the successful Respondent will be based upon the following criteria:

. Cost and Pricing (See Form 1 and Form 2)

. Best Value: Briefly describe how the firm’s approach to performance contracting delivers best value for the investment. The responding company shall also describe any utility rebates or other financial incentives or grants it can potentially provide and/or facilitate.

. Management Approach: Project Management and Coordination Show the organization chart (by name as available) for implementing and managing the proposed project, including the responsibilities of each individual shown and the lines of authority within the overall organization. Identify portions of the effort, if any, that are proposed to be subcontracted and provide the same information for subcontractor organization and personnel.

Appropriate Market Sector Experience/Expertise Provide information that emphasizes ESCO’s experience and expertise in a specific market sector.

Project Personnel and Staffing Qualifications and Experience of Personnel Identify each individual who will have primary responsibility for each task and phase of a project under the EPC. Tasks and phases to address include technical analysis, engineering design, construction management, construction, training, post- construction measurement and verification, and other services.

Include name, title, intended role and responsibilities for the duration of the contract, educational background, specific qualifications related to role and responsibilities, past relevant experience, number of years of relevant experience, supervisory responsibilities if relevant, list of projects individual was associated with during the last five years including type of project and project cost.

Provide resumes for personnel proposed for work under the GEO/EPC. Resumes should be furnished in a clearly marked appendix to the company’s response to this RFP.

Added Qualifications and Experience Complete the table to describe individuals proposed for the project. Also include any added expertise and capability of staff available through other branch offices, subcontracts, etc., that can provide back-up strengths.

Name Title Staff or Potential Academic/ Level of Base Subcontractor Role Professional Expertise Location Qualifications

Potential role: technical analysis, engineering design, construction management, construction, training, post-construction measurement and verification, support, and other services.

Level of expertise: years in industry or other brief description

Base Location: permanent office in Utah; on assignment from other state; out-of-state support.

. Compliance with and information provided in the RFP. . The firm’s recent experience with providing services of similar size and scope and the satisfaction of previous client(s). Include, at a minimum, project name, contact person, title, phone number, guaranteed annual energy savings . Licenses and certifications required to perform work within the state of Utah. . Demonstrated attention to detail. . Cost of service. . All other criteria deemed pertinent by the committee in review of the proposals. . Demonstrated ability to establish an effective working relationship. . Determination of meeting all the requirements contained in Part IV- Requirements/Standards Governing RFP and negotiation of a contract.

After contract award, Grand County intends to negotiate and finalize a Technical Audit Agreement with the awarded ESCO.

PART IV- REQUIREMENTS/STANDARDS GOVERNING RFP.

SCOPE: The following terms and conditions, including in Part IV- Requirements/Standards Governing RFP shall govern the submission of proposals. Any with the terms and conditions contained in Part IV- Requirements/Standards Governing RFP and Part V Contract shall be controlled by the stricter term or condition. The County reserves the right to reject any proposals, which takes exception to the terms or conditions in Part IV or Part V of this document.

COMPLETING PROPOSALS: Proposals must be submitted with the required forms herein and all forms must be completed in accordance with the instructions. Any and all corrections and/or erasures must be initialed and dated by the respondent. Each proposal must be manually signed in ink by an authorized respondent and all required information must be provided. Each respondent may submit only one (1) proposal. The contents of the proposal submitted by the successful respondent will become part of any contract awarded as a result of this request.

CONFIDENTIALITY OF PROPOSAL INFORMATION: Each proposal must be securely sealed to provide confidentiality of the proposal information prior to the proposal opening. The submitted proposal envelope must be prominently marked in the lower left hand corner “REQUEST FOR PROPOSAL and PROJECT TITLE” along with the proposal submission date and time. Failure to mark proposal envelopes as required is cause for proposal rejection as the County may not consider proposal improperly marked that are inadvertently opened as routine correspondence prior to the time and date set for the proposal submission.

All proposals become public information after the proposal opening and are available for inspection by the general public in accordance with the Government Records Access and Management Act.

REQUEST FOR INFORMATION: Any request for clarification or additional information deemed necessary by any respondent to present a proper proposal shall be submitted in writing to Grand County Council Administrator, 125 E. Center Street Moab, UT 84532. To be considered, any such request must be received in time to allow for the County sufficient time to prepare and disseminate a written response. When appropriate valid requests received in accordance with the foregoing will be responded to in writing from the County in the form of an addendum addressed to all prospective respondents.

ADDENDUM: All changes in connection with this request for proposals will be issued by the County’s in the form of a written addendum. Signed acknowledgment of receipt of each addendum should be submitted with the proposals response.

TAX EXEMPT: Grand County is exempt from federal and state taxes. DO NOT include taxes in the proposal.

CONDITIONAL PROPOSALS: Conditional proposals are subject to rejection in whole, or in part, at the sole discretion of Grand County.

LATE PROPOSALS AND MODIFICATIONS OR WITHDRAWALS: Proposals received after the date and time indicated on the cover sheet shall not be considered and shall be returned (unopened if sealed) if the respondent is identified on the proposal envelope. Proposals may be withdrawn or modified in writing prior to the proposal submission deadline. Proposals that are resubmitted or modified must be sealed and submitted to the County prior to the proposal submission deadline. After proposal opening no changes in proposal prices or other provisions of proposals prejudicial to the interest of the County or fair competition shall be permitted.

PROPOSALS BINDING: All proposals submitted shall be binding upon the respondent if accepted by Grand County within ninety (90) calendar days of the proposal submission date. Negligence upon the part of the respondent in preparing the proposal confers no right of withdrawal after the time fixed for the submission of proposals.

NEGOTIATION: The County reserves the right to negotiate any and all elements of this proposal.

TIME LIMIT TO EXECUTE CONTRACT: The respondent must successfully execute a contract within the specified time after the County’s notification to enter into contract. If the respondent fails to execute a contract within the required time, award to that respondent may be withdrawn and award made to the next highest rated respondent.

CODES AND REGULATIONS: All deliverables and work within the scope of this request shall be completed by the respondent in conformance with all applicable codes and regulations.

SAFETY: All practices and goods furnished as a result of this request shall comply with the federal Occupational Safety and Health Act, as well as any pertinent federal, state and/or local safety or environment codes.

NON-LIABILITY: The respondent shall not be liable for delay or failure to deliver services when such delay or failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or by any other circumstances which, in Grand County’s opinion, is beyond the control of the respondent. Under such circumstances, however, Grand County may cancel the contract if such action is deemed to be in the best interest of the County.

ASSIGNMENT OF CONTRACTUAL RIGHTS: Successful respondent shall not assign, transfer, convey or otherwise dispose of any contractual rights derived from this quotation request or its right, title or interest in or to the same, or any part thereof, without the previous written consent of Grand County.

INVOICE: Invoices shall be prepared and submitted in duplicate to Grand County Clerk Auditor’s Office, 125 E. Center Street Moab, UT 84532.

COLLUSIVE PROPOSALS: The respondent certifies, by submission of a proposal, that their proposal is made without any previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same products or services with prior knowledge of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. Any evidence of collusion among respondents and prospective respondents acting to illegally restrain freedom of competition by agreement to offer a fixed price, or otherwise, will render the proposals of such respondent void.

CONFLICT OF INTEREST: The award hereunder is subject to provisions of Utah State Statutes and Grand County ordinances and policies. All respondents must disclose with their proposal the name of any officer, director, or agent who is also an employee of Grand County, Utah. Further, all respondents must disclose the name of any Grand County employee who owns, directly or indirectly, any interest in the respondent’s firm or any of its branches.

No person involved in making the award decisions may have personal investments in any business entity that will create a substantial conflict between their private interests and their public duties. Any person involved in making procurement decisions is guilty of a felony if the person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward, or any promise thereof, either for the person’s own use or the use of benefit of any other person or organization from any person or organization interested in selling to the County.

DISCLAIMER OF LIABILITY: Grand County or any of its agencies will not hold harmless or indemnify any respondent for any liability whatsoever.

HOLD HARMLESS: The respondent agrees to protect, defend, indemnify, and hold the Grand County, and its officers, council members, commissions, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character resulting from the error, omission, or negligent act of the respondent, its agents, employees or representatives, in the performance of the respondent duties under any agreement resulting from award of this proposal. The respondent further shall agree to investigate, handle, respond to, provide defenses for and defend any such claims, etc., even if such claim in groundless, false or fraudulent.

ANTI-DISCRIMINATION CLAUSE: No respondent on this proposal request shall in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.

ACCURACY OF PROPOSAL: Each proposal is publicly opened and is made part of the public record of Grand County’s, Clerk Auditor’s Office. Therefore, it is necessary that any and all information presented is accurate and will be that by which the respondent will complete the contract. If there is a discrepancy between the unit price and extended total, the unit price will prevail. If there is a discrepancy between the estimated quantities of work in a contract and actual quantities, the estimated quantities shall prevail.

PUBLIC RECORD: Grand County is governed by the Governmental Record Management Act (except from exemptions allowed by state law). Information or data pertinent to the respondent’s proposal and of a confidential nature must be bound and placed in a separate sealed envelope and included with each copy of the respondent's proposal. Grand County requests that a minimum amount of confidential material be used by the respondent in preparing responses to the proposal. Materials consisting merely of general descriptive information will not be considered confidential under any circumstances.

SUBSTITUTIONS: No substitutions will be accepted for goods proposed after award, without the prior approval of Grand County. Any substitutions allowed will be supplied at no more than the contract proposal prices.

DISCOUNTS: Any and all discounts must be incorporated as a reduction in the proposal price and not shown separately. The price as shown on the proposal shall be the price used in determining award or awards.

INCURRED EXPENSES: This proposal does not commit Grand County to make an award, nor shall the County be responsible for any cost or expenses which may be incurred by any respondent in preparing and submitting any offer, or expenses incurred by any respondent prior to the execution of a purchase order or contract agreement.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. All specifications shall seek to promote overall economy and best use for the purpose intended and encourage competition in satisfying the County’s needs.

LOCAL VENDORS. Where practical and reasonable, and within the scope of this article, Utah products and local vendors shall be given preference. Specifically, County Departments are encouraged to determine whether or not local merchants can meet prices quoted by out-of-county vendors. The purchasing agent is not required to purchase goods at the lowest price if there is an offsetting or added expense for travel, shipping, or other inconvenience associated with as out-of-County purchase.

NO WAIVER OF FUTURE RIGHTS: No provision in this document or in the respondent’s proposal shall be construed, expressly or by implication, as a waiver by Grand County of any existent or future right and/or remedy available by law in the event of any claim or default or breach of contract.

BOND AMOUNTS. Upon the award of all construction contracts, the following bonds or security shall be delivered to the County: (a) A performance bond in an amount equal to 100% of the contract price; or (b) A payment bond in an amount equal to 100% of the contract price to serve as protection of all persons or companies supplying labor and/or material to the contractor or its subcontractors for the performance of the contract.

RFP DISCLAIMER. Grand County reserves the right to disqualify incomplete proposals, waive minor defects, as it deems applicable, in the written proposals, to request additional information from any respondent, change or modify the scope of the project at any time, without any penalty, negotiate terms with one or more of the respondents, reject any or all proposals, without a penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work.

SUSPENSION & TERMINATION. Through written notification the County may order an immediate suspension of work with or without cause. The contract may be terminated in accordance to the provision contained in the contract. April 2013 June 2013 SMTWTFS SMTWTFS 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 May 2013 21 22 23 26 27 16 17 21 22 24 25 18 19 20 28 29 30 23 24 25 26 27 28 29 30

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

9:00AM - 11:00AM Council 12:00PM - 12:00PM 12:15PM - 12:15PM OSTA Administrative Workshop Homeless Coordinating User's Group (Arena (Chambers) Committee (Zions Bank) Conference Room) 5:00PM - 5:00PM Agenda 5:30PM - 5:30PM Moab Summaries Due Mosquito Abatement District Board (District Office) 7:00PM - 7:00PM Grand Water & Sewer Service Agency (Water District 28 29 30 1 Office) 2 3 4

2:00PM - 2:00PM USU 8:30AM - 8:30AM Safety & 12:00PM - 12:00PM 1:00PM - 1:00PM Advisory Board (Moab Accident Review Housing Authority Board Association of Local Campus) Committee (Chambers) (City Chambers) Governments (Cancelled) 4:00PM - 4:00PM Weed 4:00PM - 4:00PM Council 6:00PM - 6:00PM Planning 4:00PM - 4:00PM Solid Board (Grand Center) Meeting (Chambers) Commission (Chambers) Waste District (District 6:00PM - 6:00PM Airport 6:00PM - 6:00PM Office) Board (Chambers) Thompson Fire Dist 5:30PM - 5:30PM Library (Thompson Fire Station) Board Meeting (Public 7:00PM - 7:00PM Library) Thompson Water Dist. 5 6 7 (Thompson8 Fire Station) 9 10 11

12:30PM - 12:30PM 9:00AM - 9:00AM Council 5:00PM - 5:00PM Agenda 3:00PM - 3:00PM Travel 5:30PM - 8:30PM County Council on Aging (Grand Administrative Workshop Summaries Due Council Advisory Board Picnic (Old City Park ) Center) (Council Chambers) 6:00PM - 6:00PM After the (Chambers) 12:00PM - 12:00PM Trail Pile Public Workshop 7:00PM - 7:00PM Grand Mix Committee (Grand Center) Water and Sewer Service 5:30PM - 5:30PM OSTA 7:00PM - 7:00PM Agency (Water District Advisory Committee (Arena Recreation District Board Office) Conf. Rm.) (City Chambers) 6:00PM - 6:00PM Cemetery Maintenance District (Sunset Memorial) 6:00PM - 6:00PM 12 13 Transportation14 District 15 16 17 18 (Road Dept. Office)

12:00PM - 12:00PM 9:00AM - 9:00AM 11:00AM - 11:00AM Chamber of Commerce Performance Review Affordable Housing Task (Zions Bank) Committee (Chambers) Force (City Chambers) 4:00PM - 4:00PM Council 6:00PM - 6:00PM Planning Meeting (Chambers) Commission (Chambers) 19 20 21 22 23 24 25

Memorial Day 2:45PM - 2:45PM Four 5:00PM - 5:00PM Agenda 5:30PM - 5:30PM 11:30AM - 11:30AM Corners Mental Health Summaries Due Canyonlands Health Care County/City Joint Meeting 8:00AM - 5:00PM County Board (Green River) Dist. (Canyonlands Care (City Chambers) Offices Closed 3:00PM - 3:00PM Moab Center) Tailings Project Steering Committee (Chambers) 5:00PM - 5:00PM Public Health Dept Board (Green 26 27 River28 City) 29 30 31 1

5/3/2013 1:03 PM 1/1 KaLeigh Welch May 2013 July 2013 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 June 2013 19 20 24 25 21 24 26 27 21 22 23 22 23 25 26 27 28 29 30 31 28 29 30 31

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

8:00AM County Offices 2:45PM Four Corners 5:00PM Agenda 5:30PM Canyonlands 11:30AM County/City Joint Closed Mental Health Board Summaries Due Health Care Dist. Meeting (City Chambers) (Green River) (Canyonlands Care Center) 3:00PM Moab Tailings Project Steering Committee (Chambers) 5:00PM Public Health Dept 26 27 Board28 (Green River City) 29 30 31 1

8:30AM Safety & Accident 4:00PM Council Meeting 12:15PM OSTA User's Review Committee (Chambers) Group (Arena Conference (Chambers) Room) 2:00PM USU Advisory 3:00PM Travel Council Board (Moab Campus) Advisory Board 4:00PM Weed Board (Chambers) (Grand Center) 5:30PM Moab Mosquito 6:00PM Airport Board Abatement District Board (Chambers) (District Office) 7:00PM Grand Water & Sewer Service Agency 2 3 4 5 (Water District6 Office) 7 8

12:30PM Council on Aging 12:00PM Trail Mix 12:00PM Housing Authority 1:00PM Association of (Grand Center) Committee Board (City Chambers) Local Governments (Price) 5:30PM OSTA Advisory 5:00PM Agenda 3:00PM Sand Flats Committee (Arena Conf. Summaries Due Recreation Area Rm.) 6:00PM Planning Stewardship Committee 6:00PM Cemetery Commission (Chambers) (Sand Flats Office) Maintenance District 7:00PM Thompson Water 4:00PM Solid Waste (Sunset Memorial) Dist. (Thompson Fire District (District Office) 6:00PM Transportation Station) 5:30PM Library Board 9 10 District1 (Road1 Dept. Office) 12 Meeting13 (Public Library) 14 15

12:00PM Chamber of 7:00PM Recreation District 12:00PM Local Emergency Commerce (Zions Bank) Board (City Chambers) Planning/Hasmat 4:00PM Council Meeting Committee (Fire Station w/ (Chambers) lunch @ 11:30) 16 17 18 19 20 21 22

8:00AM DUE: Road 9:00AM Canyon Country 8:00AM UAC Summer Priorities to GCTSSD Partnership (Blanding) Conference (TBD) 5:00PM Agenda 11:00AM Affordable Summaries Due Housing Task Force (City 6:00PM Planning Chambers) Commission (Chambers) 5:30PM Canyonlands Health Care Dist. (Canyonlands Care Center) 7:00PM Grand Water and Sewer Service Agency 23 24 25 26 (Water27 District Office) 28 29

8:30AM Safety & Accident 4:00PM Council Meeting 12:00PM Homeless Independence Day Review Committee (Chambers) Coordinating Committee (Chambers) (Zions Bank) 8:00AM County Offices 2:00PM USU Advisory Closed Board (Moab Campus) 12:15PM OSTA User's 4:00PM Weed Board Group (Arena Conference (Grand Center) Room) 6:00PM Airport Board 7:00PM Grand Water & (Chambers) Sewer Service Agency 30 1 2 3 (Water District4 Office) 5 6

5/3/2013 8:34 AM 1/1 KaLeigh Welch

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: N Approving Bid Award for the Installation of High Density Mineral Bond Seal TITLE: and Striping on Selected Portions of Grand County’s Paved Pathways

FISCAL IMPACT: $55,060.00 (within the 2013 Trail Maintenance Fund)

PRESENTER(S): Bill Jackson, Grand County Roads Supervisor

RECOMMENDATION: Prepared By: I move to approve the bid award to Holbrook Asphalt Company, St. George, Utah, for the installation of 29,000 square yards of High Density Mineral Tawny Boyd Clerk Grand County Road Bond Seal and striping on selected portions of Grand County’s paved Dept pathways in the amount of $55,060.00, and authorize the Chair to sign all 435 259 5308 associated documents. [email protected] and Ruth Dillon Council Administrator BACKGROUND: Funds for the High Density Mineral Bond Seal will be used from the Trail Maintenance Fund, (which is Grand County’s Tourism, Recreation, Cultural & Convention Tax (TRCC) (1/3), the Recreation District (1/3), and the FOR OFFICE USE ONLY: Transportation Special Service District (1/3)).The Notice for sealed bids Attorney Review: was published in the local newspaper as per Grand County’s purchasing policies (see attached bid). There were two bids submitted.

N/A Bid Summary: Holbrook Asphalt, St. George, UT $55,060.00 Ridge Rock , Murray, UT $58,380.00

ATTACHMENT(S): 1. Request for Bids: Indicating Point of Contact, General Instructions, Proposer Qualifications, Scope of Work and Submission Guidelines. 2. Bid from Holbrook Asphalt: Includes Cover letter, Certification Form, Cost Proposal, E Verify Certificate and Certification of Non Collusion and 5 year guarantee on product. 3. Bid from Ridge Rock Inc.: Includes Cover Letter, Cost Proposal, Estimate, E Verify Affidavit Certificate, Certification of Non- Collusion. .

125 East Center Street

Moab, Utah 84532

435- 259-5308

Grand County

Request for Bids (RFB)

High Density Mineral Bond Seal

Grand County is soliciting bids from qualified individuals or a company to provide services for the placement of High Density Mineral Bond Sealant on paved pathways within the County. The qualified individual or company shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the speCifications, requirements and terms of the RFB.

A complete RFB submission shall include the following documents:

• Cover letter • Certification Form • Cost Proposal • E-Verify Certificate (as required by the State of Utah) • Certificate of Non-Collusion

Point of Contact: Questions concerning submission of a proposal in response to this RFB should be addressed to Grand County Road Department.

Bill Jackson

Roads Su pervisor

125 East Center Street

Moab, Utah 84532

Phone 435 259 5308

Fax 435 259 3056

[email protected]

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions or amendments or supplements will be provided to all recipients of this initial RFB and all who have requested information in writing by emailing [email protected] or sending a written response via US Mail to Bill Jackson at the address above. Oral communications shall not be binding to Grand County and can In no way modify the terms, conditions, or specifications of the RFB or relieve the successful firm(s) of any obligations under any contract resulting from this RFB.

General Instructions: Grand County is seeking the services from qualified individuals or a company with the necessary qualifications and expertise to help with the installation of a High Density Mineral Bond to surface treatment on paved pathways.

All GENERAL CONDITIONS set for the APWA 2012 Manual of Standards and Specifications shall govern any contract resulting from this RFB.

Proposer Qualifications: Proposers must provide evidence that they are a licensed, bonded and insured contractor of the State of Utah. Proposers must have proof of Worker's Compensation Insurance with Utah Statutory limits and carry Commercial General liability Insurance with a combined single limit of $1,000,000.00 each occurrence for bodily Injury and property damage. Upon award of the contract resulting from this RFB, the successful party must submit a Performance Bond and a Payment Bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the U.S. Department of the Treasury (Circular 570, latest edition).

Grand County intends to compare and evaluate all qualifying submittals and select the most qualified individual or company based on proposal content, responsiveness to County goals and budget and work experience.

Scope of Work: Work covered with this proposal shall consist of placement of approximately

29,000.00square yards of High density Mineral Bond Sealant in accordance with APWA 2012 Manual of Standard and specifications (Section 32 01 13.68) (page 471).Applylng yellow center line striping and Glass beads on approximately 4.625 miles of paved pathway and nine (9) White Stop Bars apprOximately 7 feet long by 12 inches wide. Use Utah Department of Transportation 2012 Standard Specification for Road and Bridge Construction.

The Recipient of this contract must coordinate with Flatiron Construction regarding tie in of the Goose Island portion of this project. Inclusive to this Project,

A contract resulting from this RFB shall be renewable for a period of 5 years at the discretions of the Road Supervisor and the County Council.

Submission Guidelines: Proposers shall submit three (3) copies of the completed proposal, along with all materials required herein for acceptance of their proposal by 3:00 pm April 15, 2013. Proposals must be clearly marked on outside of envelope "Grand County Paved Pathway Preservation Bid"

Mailto: Deliver to:

Grand County Clerk/ Auditors office Grand County Clerk/ Auditors Office

125 East Center Street 125 East Center Street

Moab, Utah 84532 Moab, Utah 84532

Proposals received after the date and hour established above will be considered late proposals and will be automatically disqualified. Late proposals will be returned unopened. li~j~~il Asset Preservation

COVER LETTER

Holbrook Asphalt Co, is grateful to be afforded the opportunity to bid on the pavement maintenance project for Grand County, As part of this bid, Holbrook Asphalt Co, is qualified and shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the specifications, requirements and terms of the RFB,

The following documentation is included in this proposed bid:

• Cover Letter • Certification Form • Cost Proposal • E-Verify Certificate (as required by the State of Utah) • Certificate of Non-collusion

HOLBROOK ASPHALT CO. 3528 S 170{J E ST GEORGE. UT 54790 CERTIFICATION (County)

I, the undersigned, affirm that this proposal is made on behalf of the below-named individual/company, for whom I have legal authority to commit to the terms and conditions set forth in the RFP and this response, to which I/we agree to be bound if this proposal is found acceptable by (L r""",J County; and that this proposal is made without any collusion or coercion on the part of any person, firm, corporation or other entity.

Holbrook Asphalt Co. 3828 S 1700 E St. George, UT 84970 State License #371406-5501

Signature:~ r Title :---"Cv.v.~",fr.:::...:..,-,/~__ _ Witness:

HOLBROOK ASPHALT CO, 3826 S 1700 E 8T GEORGE, UT 84790 125 East Center Street

Moab, Utah 84532

Grand County

Request for Bids (RFB

High Density Mineral Bond Seal

Cost Proposa I

Company Name: Holbrook Asphalt Co.

Address: 3828 S 1700 E UT 847 a

Representative: Aaron Eppley or Landon Munk

Title: Controller

Phone: 435-652-4427 Fax: 435-656-3943

Email address;[email protected]

Signature: ~.-¢! IP Date: 4/1/2013

Material Description Quantity i Amount $46,110.00 High Density Mineral Bond 29,000 Square Yards Sealant Flagging and traffic control Included $ Included in HDMB Sweeping and Pathway prep Included $ Included in HDMB work Striping Lump Sum $8,950 i Total 1$55,060.00 1 Utah Office Nevada Office Arizona Offiee 3828 South 1700 t:.st 5375 S Cameron St., #C 21436 N 20th Ave, St. 205 PROPOSAL St. George. UT 84790 Las Vegas, NV 89J 18 Phoenix, AZ 85027 P: 435.652,4427 P; 702,823.3902 P; 60z.J07,0425 F,435,656.3943 F; 702,777.7575 F; 435,656.3943 4,'9!2013 22477 www,HolbrookAsplialLcolll

Customer of Job Job Location Grand County Utah 125 East Center St. 2013 High Density Mineral Bond Moab. UT 84531

Sales State License Due ujJon oOlloole[loo AI' liT. Southem UT·371406·5501

Description : Quantity Rate Total ._-_... _----- . HAS HIGH DENSITY MINERAL BOND: (29,000 SQ, YD.) 29,000 159, 46.! 1000 , -- Clean & prepare surfacc using high pressure air & w:rc b:istlt: broor:1S. -- Install "H!\S' High Density Minora' BO:1d advanced p('!!formancc pavemem preservation treannent ~~ HAS meets demands of AP\VA (American Public Works Association) specification (Sec~ion 3201 13.68 High Density Mineral Bond)

REPAINT PARKlNG STALLS & SYMBOLS, I· 8.950.00 8.950,00 -~ All Stripes to foHm\' exisring pattern painted with High glo!';!> Hv.)' g7adc paiOl @ ralt of 115 sg ft. per gal. 4.625 Miles of paved pathway, yello~\' with gla.'>5 beads ') Vv11itestop barsC" X 12")

This contract price is assuming one mobilization wili be sufflc:em for the wo;-k to be perthnl1ed. [f additional mobilizations are :1eeded. add $750 pcrmohllization,

---~----...... - .... ------+1m =--='=====...... I L Io_ta_1 ~ _"y55,06000 I B:r sign.ing this proposal a.nd contmcl, I understand that Holbrook A~phalt Co may r.ol be held liable for delays and conditionf;, or Act$ of God beyond their controL which situations may delay or cause clmce1ation p.n1iaUy or completely on any job. Jobs may be cancelled or delayed for a considerable amount orUme due {O delays ir. material snppfiers andJor demand of PrQjccrs al any given time, 1 agree to pay all amount{s) owed within 30 days of when such line item amount(s) are illcnrred. It is my responsibility LO pay all amour-ts owing herein. I agree that 1ntere.'\t will accrue Gn all fWst-due amounts at the rate of24% per annum (2% per month) until paid in full and may be reffered to a third party debt collection agency with ooUcction fee's of up to 40% of the principal ttlUOUIl!(SJ owing as allowctl by Utah Coee Annotared, sec. 12~ 1-11. The terms of this paragraph shall apply to ail amount(sj incurred by me or by any individual for whom 1 have legal res.ponsibility whether such al1lount(s) arc incurred today or after today. This proposal become~ a written comract with signatures from hoth panics.

S'gnature ______~.Prinl Name ______.Date--~-Holbrook Asphal! vv~. ______EmployerWizard Page 1 of 1

E-Verify. Wek;ome UserlD Lnt LOg1n Employment Eligibility Verification KaL"Iy Boyce KBOY0892 03:37 PM - 08l22f2011 Log Out C~&~n;:t> for r\el~> Home Company Information My Cases New Case View Cases Company Name: wrA, Inc. View/Edit Search Cases Company 10 Number: 336174 My Proflle Doing BuSiness A. (DBA) Edit Profile Name~ Change Password DUNS Number: Chanl)6 Security Questions My Company Physical Location: Mailing Address: Edit Company Profile Address 1: 5296 South Commerce Drive Addre•• 1: Add New User Address 2: Ste.205 Address 2: VIeW Existing Users City: Murray City; Ciose Company Account Stat.: UT State: My Reports Zip Code: 84107 Zip Code: VIeW Reports County: SAtTLAKE My Resources View Essentiaf Resources Additional Information: Take Tutorial Employer Identlfjcatfon Number~ 870639045 View User Manual Total Number of Employ"".; 1;000 to 2;499 Contact Us Parent Organization: Administrator: Organization Designation: Employer Category; None of these calegories apply

NAICSCod.: 541 - PROfESSIONAl, SCIENTIFIC, AND TECHNICAl SERVICES View/ Edit

Totat Hiring Sites: 4 View/Edit

Totar Points of Contact: 7 View/ Edit

ViewMOU I

https:lle-verify.uscis.gov/emp/EmployerWizard.aspx 612312011 NON-COLU510N AFFIDAVIT (County)

l""" do,", yV\ v..,. k ,being the first duly sworn, deposes and says that:

He/she is C"",\-.-o 1l.L-r­ of Holbrook Asphalt Co" the Bidder that has submitted the attached Bid;

Such Bid is genuine and is not a collusive or sham Bid;

Neither the said Bidder nor any of its officers, partners, owners, subcontractors, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or perSOn to fix price or prices in the attached Bid or of any other Bidder, orto fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against Gr""V\~ County;

No member of this County, or any person 1n the employ of the County is directly or indirectly interested In the bid, or the work to which It relates, or In any portion ofthe profits thereof; and,

The prices quoted in the attached Bid are fair and proper and are not tainted by any collus10n, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest including this affiant; I am/The Bidder is not indebted to G""""J County in any form or manner,

Signature: #vt~ Date:_£t..!---=..Z_-_'Z..o__ I-",'S,,--

Title: {! o-nf.n, IL...r Witness: 1hs?5.,. \t3~ L

HOLBROOK ASPHALT CO, 3828 S 1700 E $T GEORGE, UT 84790 RIDGE

Ridge Rock Inc.

6611 S. Cottonwood St.

Murray, UT 84107

2013 High Density Mineral Bond Seal

Grand County

125 E. Center St.

Moab~ UT 84532 YEAR = - " 5 GUARANTEE· - -

-----HOLBROOK ASPHALT CO.

High Density Mineral Bond **Exclusive 5 year Warranty** - Desert Regions - (Las Vegas, PhOGOIxlTucson Motro Areas & Southern Utah)

The extended life properties and advanced application techniques used with Holbrook Asphalt's original HA5 pavement preservation treatment provide clients with an industry best - FIVE YEAR WARRANTY.

HA5 offers a warranty up to five years based upon the condition of the pavement surface. Treatments of HA5 installed on pavements with PCI below 75 are covered with a three year warranty. See warranty details on page two. Asphalt warranty eligibility:

D HAS treatment on pavement with PCI above 9S. D HAS treatment on pavement with PCI rating of 8S-94. D HAS treatment on pavement with PCI rating of 7S-84. D HAS treatment on pavement with PCI rating below 70-74. D HAS treatment on pavement with PCI rating below 69.

Month/year of original asphalt installation: ______

Monthlyear of treatment application by Holbrook Asphalt: ______

I have read and agree to the terms of this warranty (see page 2):

(Signature/Date) ______(customer)

(Signature/Date) ______(Holbrook Asphalt, Co,) Warranty Description The warranty includes full coverage against peeling and failure. In addition, this guarantee also provides coverage against pre-mature wear. Pre-mature wear will be constituted as anything less than 70% to 75% residual coverage of the High Density Mineral Bond on the treated surface area. The coverage in the warranty is specific to the PCI rating of the surface at the time of treatment. Listed below is each different category based upon the PCI (Pavement Condition Index). HA5 treatment on pavement with PCI rating above 95.

WARRANTY COVERAGE: A full fiye~year warranty on the HAS treatment from the date of application. Pre~matute wear during the five-year period IS defined as anything less than 75% residual coverage of HA5 to the asphalt binder of the treated surface. If this failure or pre-mature wear occurs as deemed by Holbrook Asphalt Company or approved third-party expert, reapplication will take place at no charge, HA5 treatment on pavement with PCI rating of 85 to 94.

WARRANTY COVERAGE: A Dro--rated flvg..vear warranty on the HAS treatment from the date of applicatlon. Pre­ mature wear during the five-year period is defined as anything less than 75% residual coverage ot HA5 to the asphalt binder of the treated surface, If this pre-mature wear occurs as deemed by Holbrook Asphalt Co. or approved third party expert within 36 months of treatment, reapplication win take place at no charge. If pre-rnature wear occurs Within months 37 and 48, Holbrook Asphalt will reapply the treatment at a 50% reductIon of the installation price. jf pre-mature 'Wear occurs within months 49-60, Holbrook Aspha~ will reapply the treatment at a 25% reduction of the in,taUaUnn price, f,. HA5 treatment on pavement with PCI rating of 75 to 84. WARRANTY COVERAGE: A pro-rated fiv!=V!ar warrantY on the HA5 treatment from the date of application. Pre­ mature wear during the five-year peJiod is defined as anything less than 70% residual coverage of HAS to the asphalt binder of the treated surface.

If this prEHTlature wear occurs as deemed by Holbrook Asphalt Co. or approved third party expert within 24 months of treatment, reapplication will take place at no charge, If pre-mature wear occurs within months 25 and 36, Holbrook Asphalt will reapply the treatment at a 50% reduction of the installation price. If pre-mature wear occurs within months 37 and 48, Holbrook Asphalt wi!! reapply the treatment at a 30% reduction of the installation price. If pre-mature wear occurs within months 49 and 60, Holbrook Aspha!t will reapply the treatment at a 20% reduction of the installation price, HA5 treatment on pavement with PCI rating below 70-74.

WARRANTY COVERAGE: A pro~rated five-year warranty on the HAS treatment from the date of application. Pre­ mature wear during the five-year period is defined as anything less than 70% residual coverage of HA5 to the asphalt binder of the treated surface. If this pre-mature wear occurs as deemed by Holbrook Asphalt Co. or approved third party expert within 24 months of treatment, reapplication will take place at no charge. jf prenmature wear occurs within montl1s 25 and 36. Holbrook Asphalt will reapply the treatment at a 35% reduction of the installation price. If pre-mature wear occurs within months 37 and 48, Holbrook Asphalt will reapply the treatment at a 25% reduction of the installation price. If pre-mature wear occurs within months 48 and 60, Holbrook Asphalt will reapply the treatment at a 15% reduction of the installation price.

HA5 treatment on pavement with PCI rating below 69. "-WARRANTY COVERAGE: Contact Holbrook Asphalt for warranty terms specific to the condition of your pavement.

Exclusions and limitations of warranty: No claim will be honored unless Holbrook Asphalt has been notified in writing and is given the opportunity to inspect the claimed failure. Any attempt to repair surface prior to Holbrook Asphalt's inspection will render this warranty invalid. This warranty does not cover structural defects in the asphalt (e.g. base failure or damage caused by faulty construction and or design), cracks, to fuel, oil, or other chemicals determined to be harmful to the HA5 treatment, areas to frequent sprinkler water run-Off, or standing and/or ponding water, damage caused by excessive heavy truck or equipment traffic, damage caused by equipment inflicting excessive stress or scraping to the pavement surface, damage caused by landscaping installation, or damage caused by earthquakes or olher acts of God. TItis warranty is only valid in the regional area specified on this document. This warranty is not applicable for areas located in elevations above 8000 feet. 125 East Center Street

Moab, Utah 84532

Grand County

Request for Bids (RFB

High Density Mineral Bona Seal

Cost Proposal

Address:

Representative: .MA..¥-,--,-+-",AN.~..,J>""l?;""g~s..=,..l,,--______

Title: \l~eG p{ e<;I'l>el'{..l,-

Phone: 6ol-1-:fl- -lOS 5 ..cfpFSf/I.'!I'f1:X: 60\- ~ !clo- 31=\0-:'

Email add ress; x;,;"""'..l....\;S-..J.J.""""~'-"""""'-""'''''-''''''''''W\..:..:=.. ______-

Date: -++LL.f"'-"'.L.::'------

: Material Description ! Quantity ! Amount ... - • High Density Mineral Bond $ \ qCO'1-~DC Sealant ;;¥1,tXXYS Ye ~ \. fo't; /s ~ i Flagging and traffic control / (jJ) 1 s fu

Estimator: Matt

Name I Address I Job Location Grand County Walking Trails 125 East Center Street Bill Jackson - 435-259-5308 Moab, UT 84532

Terms Date P.O. No.

4ill12013

Description

Based on approx. 29,000 Sq Yds. Clean asphalt; apply prime coat and High Density ~lineral Bond asphalt sealant. Includes 49,880.00 nagging and traffic control and sweepjng and pathway prep work.

Based on approx. 24,448 Ln Ft, apply yellow cenler line wilh glass beads. Paint nine (9) while slop bars with glass beads 8,500.00 approximately 7 ft long hy 12 in wide.

Total 858,380.00 Thursday, April 04, 2013

Re: 2013 High Density Mineral Bond Project

To Whom It May Concern:

Ridge Rock, Inc. does hereby warrant that for a period of (5) five years from the date of completion, the above project will remain free from all defects in workmanship and material, and that it will comply with all the specific requirements of the Specifications and other Contract Documents governing the work. It is understood and agreed that in the event of defects and the necessity of making repairs, the Owner will immediately notify the above contractor of its conditions and shall give the contractor reasonable time in which to make said repairs. This warranty does not cover any repairs made by anyone other than the above contractor or one of its authorized representatives. This warranty also covers pre-mature wear. Pre-mature wear is anything less than 70% residual coverage of the treated area.

Matt Anderson, VP

: Ridge Rock, Inc. : 66115Cottonwood5t. : Murray, UT84107 : 801-747-1055 : /801-266-3903 : www.ridgerockinc.com Forr-, f"e\) -rlrx rb * i.f'1-- EP! 1-::'\ 5'1- 15 \AS;N.ES~ L-; c. 4t= 00 (! -:f""3 <-{ ( ""-IV' r ....i t-}\.) ) e:- - \{ 02-; t=~( <..L_J)~ ;2sCbL{;)Lj

s\"\'~c~ ::LN f=O : W~t-(J"0"Je.r h'rt2. MS",-I'AN. L-£ U,VlA p",-",,[ tn It:> w A, '-NAN\- S -\: . "P c) \SeN.- \ 000

'f l--(t \ A-\) E. \ 'P ""-, A I '? A. \ "'\ to ""- (,15(90) C)'o ~ - q ~ ~ lP Non-Collusion Affidavit Certificate

State of Utah

Iss

County of Grand)

The undersigned, being duly sworn, deposes and say that the person, firm, association, copartnership, or corporation herein named has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to Grand County for consideration in the award of a contract on the improvement described as follows:

Grand County

High Density Mineral Bond Seal

Institution Name

thorized Signature

Sworn before me, this I (r!::: day of, ---,A~·~pL-i"'-",-. Lt _____ 2013.

Notary Public

In and for the State of Utah

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: O

TITLE: Adopting Proposed Resolution for a Replat of Lots 6 & 7 of the Moab Country Club Estates Subdivision

FISCAL IMPACT: None

PRESENTER(S): Community Development Department Staff

Prepared By: RECOMMENDATION:

Mary Hofhine Move to adopt the proposed resolution approving the Moab Country Club Estates replat of lots 6 & 7 as submitted and authorize the Chair to sign the Community final plat and associated documents. Development Department BACKGROUND: See Staff Report and DRAFT Resolution

FOR OFFICE REVIEW ONLY: ATTACHMENT(S):

Attorney Review: Staff Report Draft Resolution Final Plat N/A Engineer Letter Vicinity map

STAFF REPORT

MEETING DATE: May 7, 2013 TO: Grand County Council FROM: Planning Staff SUBJECT: Moab Country Club Estates - Replat ______

PLANNING COMMISSION RECOMMENDATION The Grand County Planning Commission reviewed the referenced application in a public hearing on April 24, 2013 and made the following motion for approval:

Move to forward a recommendation to the County Council for approval of the Moab Country Club Estates replat of lots 6 & 7 as submitted.

BACKGROUND Introduction This application is submitted by Peter Panizzutti and Catherine Lapotka (Property Owners). The applicant is requesting a replat of lots 6 and 7 in order to remove a center lot line for the purpose of creating a single, larger parcel for their residential use.

Location The property is located on Solar Terrace Drive off Murphy Lane within the Moab Country Club Estates a subdivision that was recorded in 1958 and is zoned Rural Residential, (RR).

APPLICABLE STANDARDS The application is being processed in accordance with Grand County Land Use Code (LUC) Sec. 9.9.1. Replats shall be subject to all requirements of this LUC regarding final plats. The County Council may, following a public hearing and recommendation of the Planning Commission, approve a replat that is for the purpose of vacation, alteration, or amendment of a subdivision plat, of any lot, street or alley contained in a plat, provided that the replat does not remove any covenants or restrictions or increase the number of lots. Replats that remove any covenants or restrictions or increase the number of lots shall be subject to all of the requirements of this LUC regarding preliminary plat and final plats. The proposed replat does not remove any covenants or restrictions nor increase the number of lots. The application meets final plat requirements found in LUC Sec 9.5.

MOAB COUNTRY CLUB ESTATES REPLAT OF LOTS 6 & 7 MAY 7, 2013

Utilities This is a recorded subdivision, the utility agencies have submitted will serve letters and the County Road Supervisor acknowledged that Solar Terrace is a County recorded right of way. The replat will not require any new easements or recorded easements to be vacated.

Staff Review The applicant purchased two contiguous lots in the Moab Country Club Estates Subdivision. The proposed amendment will remove the center lot line will accomplish their plan to build their home on the two combined lots as a single parcel. Applicants provided staff with all required submittals including the title report, amended plats, and fee. Notices of the Planning Commission public hearing date and time regarding the amendment to the plat were advertised in the Times Independent, posted on the Utah Public meeting notice website and the County’s website.

OTHER POSSIBLE COURSES OF ACTION Below are several courses of action that the County Council may elect to follow: 1. Motion to recommend approval of the Replat as submitted. 2. Motion to recommend approval of the Replat subject to conditions. 3. Motion to table the application and give specific directions to the applicant and staff as to items needed to take action. 4. Motion to recommend denial of the Replat based upon findings of facts.

PAGE 2 DRAFT RESOLUTION ______2013

RESOLUTION OF THE GRAND COUNTY COUNCIL APPROVING THE REPLAT OF LOTS 6 & 7 OF MOAB COUNTRY CLUB ESTATES SUBDIVISION

WHEREAS, Peter Panizzutti and Catherine Lapotka (hereinafter referred to as “Applicant”), submitted an application for the replat of Moab Country Club Estates Lots 6 & 7, a parcel of land in the Section 16, T 26 S, R 22 E, SLM, Grand County, Utah more specifically described as follows: Beginning at the NE corner of Lot 7 of Moab Country Club Estates, said corner bears west 490.00’ thence south 750.00 feet from the east ¼ corner of Section 16, T26S, R22E, SLM, and proceeding thence south 150.00 feet to a corner, thence west 258.71 feet to a corner, thence north 150.00 ft to a corner, thence east 258.71 feet to the point of beginning and containing .89 acres, more or less.

WHEREAS, Lots 6 & 7 of Moab Country Club Estates Subdivision are zoned Rural Residential (RR) as defined in the Land Use Code;

WHEREAS, the applicant seeks to join two contiguous lots;

WHEREAS, the Moab Country Club Estates Subdivision is a platted subdivision and does not require additional infrastructure;

WHEREAS, the application is being processed in accordance with the requirements of the Land Use Code Section 9.9 and does not remove any covenants or restrictions nor increase the number of lots;

WHEREAS, the application meets the final plat requirements found in the Land Use Code Section 9.5;

WHEREAS, the Grand County Planning Commission reviewed the subject application at a public hearing on April 24, 2013 and recommended approval as submitted; and

WHEREAS, the County Council has heard and considered all evidence and testimony presented with respect to the subject application in a public meeting on May 7, 2013.

NOW, THEREFORE, BE IT RESOLVED by the Grand County Council that it does hereby approve the replat of the Lots 6 & 7 of Moab Country Club Estates Subdivision as recorded.

PASSED, ADOPTED, AND APPROVED by the Grand County Council in open session this 7th day of May 2013, by the following vote:

Those voting aye: ______Those voting nay: ______Those absent: ______

Grand County Council ATTEST:

______Diana Carroll, Clerk/Auditor Gene Ciarus, Chair

Page 1 A FINAL PLAT OF ~(Q)~~ ~(Q)~[N]U[PClW ~lQ,D~ [E~u~lf[E~ l(Q)u~ ® ~ 71 ~[Mj][E[N]IQ)[E1Q)

A REPLAT 01' LOTS 6

r---yL----...... '" II ~ I I II I I I I I I I OWNERS DEDICATION 211&11' KNOW AU, IoIEH III" lHESE PflESENT$ THAT_, M I..NO£RSlGHED MJ; I OfINER( ) ~ THE ABOVE ~ 'tRACT «' LAHO, MAw.Q CIW$W o SAAt£ TO fIE $U5OI\1OEl) INTO LOts Nfl) tTR£t:ts ~ TO lit -~ KNO~ AS M ~ : 1l!il©~:Bl C©i!JJ~Ii!f1lV Ca.JlJ)IillIE~r,ii£,rlE~ ~ ~H I fb©r~ ~ £ii l' ,ii£,1l!il[i];~1Ql1f::1Ql F Ii I 00 HtlttB't' O£Dt~tE ~ P£JtPrnIAI. USE (If '!'HE PUOUC AU. "ARCElS J:o:r...... ?-A jg I (JIf I.AHO .iHO ,qJ. UnulY E.t.SDI£NT$ At: lHl'ENtc t(ift !II'l.I8!JO USL ~ WIlliES! YfiERECWi __ MJ,~ Ht'ltt\tNTO StT ___ "'IS ! © I __ DAy (JIf __ A.D.. 20 __ ~ @il I I I I I I I ACKNOWLEDGMENT STIITE Of UlN{ I COOttTY (K __.... "" l\l£ _DAY ~ A.O., to...-f'titSQN,IrU.' ~~g:ijlAtON 'fHtA§§ fi SAwOQiTORv b'IDtildf to at ' M P(RSOH(S) 1fl«0S£ NAI,IEfS) IS (APE) SVSSCRIaED TO THIS INSTR

LEGEND MOTAAl' f'i./aJC RtSIIXNG IN ___ '0""" 0- ,.(Uf;)~~T, M ~

• 1"OIJtfO ~TY cattO so 8Y UT,I,H Jtl.$ ".K3 PREPARED BY KlfO{;U LANP SlIRVlfY.EN{; ¢ #' £AST Ct'NfFR SI7i't't'T

GIW'IlIC SCALE r 'ic-~• r i T COUNTY ENGINEERS APPROVAL COUNTY RECORDER NO. ~ 8'( lH£ ~~I) W.mTY ~ THlS __ DAY fX srl.lt OF ut'Nt. co. 01':___ • REC>:RlED AT mE REMSf CWi --."'-. OA"' _____ """'_PAllE __ m: __ 2162 Wes1 Grove Parkway HORROCKS Tel: 801.763.5100 Suile #400 Sail Lake line: 532.1545 Pleas ani Grove, Ulah 84062 ---11'11 --­ Fax: 801.763.5101 www.horrocks.com ENGINEERS In slale 1011 free 800.662.1644

April 8, 2013

Mary Hofhine, Development Coordinator Grand County 125 E. Center Moab, Utah 84532

Subject: Country Club Estates-Amended Lots 6&&

Dear Mary:

I have reviewed the plat and information you sent me for combining lots 6 and 7 in Country Club Estates into a new Lot 7 A, and found it to be acceptable.

Please contact me if you have questions or need more information.

Sincerely, HORROCKS ENGINEERS ~()~ Charles A. Skewes, P.E.

cc: File

O;',!2013\PG-008-J301 Grand County Gen Eng 2013\2013 General\Deve]opment\Counhy club Estates Re-Plat\ApprovaLdoc

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: P

TITLE: Approving Contract Award for Professional Fireworks Display on Independence Day $17,000 maximum, in budget (typically shared with Moab City and the FISCAL IMPACT: Grand County Recreation Special Service District)

PRESENTER(S): KaLeigh Welch, Council Office Coordinator

RECOMMENDATION: Prepared By: I move to award the 2013 July 4th professional fireworks contract to Firestorm Pyrotechnics, Inc. in an amount not to exceed $17,000 and authorize the Chair to sign all associated documents. Ruth Dillon Council Administrator BACKGROUND: The County advertised locally for Requests for Proposals (RFP) in April as required by policy. The RFP was also sent by email at that time to five fireworks companies who demonstrated interest last year. Additionally the RFP was posted on BidSync.com at no cost.

FOR OFFICE USE ONLY: Attorney Review: Note that the current RFP stated the county’s maximum payout is $17,000. This amount is shared between Grand County at $7,000, the None requested Recreation District at $5,000, and Moab City at $5,000.

We received two proposals within the due date: 1. Firestorm Pyrotechnics, Inc. of Springville, Utah

2. Vortex Productions, Inc. of Salt Lake City, Utah

Each of the $17,000 proposals includes a display of fireworks to last at least 18 minutes with a false finale and grand finale, as requested in the RFP.

To provide a meaningful comparison, a spreadsheet showing shell assortment and shell count is provided. As a rule of thumb, it may be helpful to know that larger shells are more expensive than smaller ones.

A selection committee comprised of both Council Office staff plus our former local fireworks professional unanimously recommended Firestorm, based mainly on “best bang for the buck.” Firestorm was awarded the contract last year and provided professionalism and a well-lit sky with mainly positive reviews.

ATTACHMENT(S): 1. Comparison spreadsheet 2. Proposals received 3. RFP

4th of July Fireworks Show Firestorm, Springville 2013 Vortex, Salt Lake City 2013 experience 18 years founded 1992 (21 years) display length (18 min. requested) 18 minutes 21.5 to 25 minutes false finale (requested) Yes Yes: shell assortment: shell count: shell count: 2.5" 0 0 3" 900 450 4" 400 175 5" 100 120 6" 30 54 7" 0 0 8" 7 8 10" 0 0 12" 0 0 Total shells for base show 1437 807 Total shells for false finale possibly combined with Grand Finale 100 (3" shells) (30% of each size mortar will be used in a false finale and the grand finale) Total shells for Grand finale 429 (30% of each size mortar will be used in a false 201 (200 3" shells + one 12" shell) finale and the grand finale) Total shells 1866 (compared to 1567 in 2012) 1108 (compared to 949 in 2012) firing technique Fired by Computer, not just electrically fired 100% electrically fired fireworks license business license insurance $2mm liability, $2mm aggregate; $4mm umbrella none mentioned (except in general) references Delta City, Mapleton City, many others none mentioned (except in general) fee ($17,000 max to be paid) 17,000 $17,000 rain date (requested) none mentioned none mentioned disciplinary actions (requested) none mentioned none mentioned comments was awarded 2012 Fireworks contract willing to add multi shot "cakes" if they can be seen 700 Shots under 3” custom choreographed music via radio Grand County Fourth of July Firework Display Proposal

Pyrotechnics, Inc

84663 FIRES TORM Pyrotechnic" Illc. SjJl'illgvil/e UtilI! Fireworks PROPOSAL

February 18,2013

Grand County Clerk! Auditor's Office ATTN: Fireworks RFP 125 E. Center Street Moab, UT 84532

AUention: Ruth Dillon

Subject: Fireworks Proposal for Grand County Fourth of July Fircwork Display

Ms. Ruth Dillon,

Thank you for your interest in Firestonn Pyrotechnics, Inc. We enjoyed the opportunity to provide the Grand County firework disp[a(,' last year and it is our pleasure to offer Grand County the following proposal for its 2013 July 411 firework display. The following proposal contains pricing and product quantity representative of a Firestorm 18 minute show.

A Fires(orm firework display is a symphony of fire, color, sound and light that will leave your guests in s[ack- jawed wonder. We choreograph each shot to create color matched aerial magic. Every shot is fired by a computer, not just c[ectrically fired, and is timed within a lOth of a second to the music. We use the same technology that firework shows with million dollar budgets 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 shows and hear the excitement at the following link: http://vimeo.comfuserl 0261 129/mapleton-24th-fireworks-2011.

Best Regards,

Steve Shriber President Firestonn Pyrotechnics, Inc. 187 East 400 South Springville, Utah 84663 (801) 358-3740 s§[email protected]

21Pagc Copyright © 2013 Firestonn Pyrotechnics, Inc. FIRES TORM Pyrolecimics, Inc. S/,/'ingville Utah Fireworks PROPOSAL

Fireworks Proposal for Grand County

INTRODlJCTION: In the firework entertainment business, there are two different display styles: Traditional and State-of­ the-art,

Traditional fil'ework displays are hand lit or fired electronically by a switch system, not a computer, and cannot 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-fbe-art firework displays are computer-fired to time or music and are, precisely choreographed. Fireworks of different size arc detonated at the same time, to music or time, creating layers of color, light, sound and style,

Firestorm only provides State-of-the-art, custom made, firework displays, That will leave your spectators in amazement. Everyone has seen standard, hand-lit fireworks shows or an electrically-fired pin board show. We offer jaw-dropping, computer choreographed pyrotechnics that can fill the sky with color at will. The Firestorm experience is an event your audience will never forget.

As Gale Bunker, Mayor of Delta, said after the first show we provided his city on JanualY 1,2012, "Fireworks, we have had fireworks, lots of fireworks, but never magic fireworks!" And, like our audiences in Mapleton, Utah for our past few Pioneer Days performances, they will invite their out-of­ town fi'iends in coming years.

We don't do Traditional, old-school firework shows. Firestol1ll's technology (as seen in Fig. I) allows us to paint the sky with color-coordinated fireworks of any size, from any numher of locations wirelessly. Because ofFirestorm'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.

31Page Copyright © 2013 Firestol1l1 Pyrotechnics, Inc. FIRES TORM Pyroleclmics, hiC, SIIt'ingl'ille Utah Fireworks PROPOSAL

Figure 1: Screen sllot of Fircstot'Il1's Contl'olSystcm in action

This technology 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 oftime, 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 gests have ever seen. Do

41Page Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRES TORM Pyrotecill1ic5, Illc. Sjlrillg"iilr! Utah Fireworks PROPOSAL computer-choreographed fireworks make a difference? Absolutely! tfyon ask_anyone that has been to a Firestorm show, you will see them light up and fill with enthusiasm as they tell you about it. We have the experienee, licensing, insurance and available capacity to deliver what we promise.

PI{()J>OSED FIREWORKS SHOW: Firestorm will customs choreograph 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 performance. You deserve tor 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 KZMU "Moab Community Radio" and KCYN "Jvloab 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 fill 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 rarest 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 iall past 500ft we 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 syncru'onous with the rhytrun of the music regardless of music playback variation.

Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRES TORM Pyroled1l1ics, [nc, Sprillgville Utall Fireworks PROPOSAL

Some fireworks companies say (hey 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 ifit'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 remember the choreography to ensure the show dances to the music.

Our proprietary control system will synchronize the launch ii'om multiple locations in your display area, digitally-timed with the script and choreographed to music.

Firestorm's products are custom made. We do not purchase assOlied cases like many fireworks companies. This means we stock more pyrotechnics and have 4 times the selection of different effects. We have over 800 different firework types in each size. IfFirestorm is selected to provide your shows, we will script each show from our inventory and provide a detailed list of effect descriptions by shell size, if requested.

61Page Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRES TORM Pyrolecimics, Illc. Sprillgville Utalt Fireworks PROPOSAL

SHOW PIUCING AND DliRATlON A typical pyrotechnic ftreworks show will last 18 In.inutcs - the industry rule-of-thumb for audience attention span. However, with music variation, change of pace, false [males and oiher interesting effects, times of 30 minutes are not unreasonable or uncommon.

We propose the following 18 minute ftreworks display for a total cost of $17,000.00

Moderate Field of ViewI Expanded Mortar Field and Fall-out Area - $17,000.00

I Effect Qty

13" Mortar i 900 ~" Mortar 400 1 i

! 5" Mortar 100

1 I 6" Mortar • 30

,--8'.,-' _M_o_rt_a,.-r,.-,.-__+I ~

Mortars Under 3" 700 Shots i I -. --+--::-:-=_--1 i Total Effects 2137

Finale Mortars 429 I 30% of each size mortar will be used in a false finale I and the grand finaie

INStJRANCE Firestorm has a $2,000.000,00 gencralliabHity insurance policy, with a $2,000,000.00 general aggregate and a $4,000,000,00 umbrella. Fircstorm will provide a certificate of insured to the Sponsor, if awarded a contract.

EXPERIENCE AND QtlALlFICA TIONS Firestorm's President, Chief Pyrotechnic, and trainer of all employees, Mr. Steve Shriber, has J8 years of big and small show experience. He has been the head pyroteclmician in charge of many municipal and private shows like;

1 • Grand County July 4 1. 2012 (Moab)

• FIS Freestyle Ski World Cup three times,

71Page Copyright © 2013 Firestorm Pyrotechnics, Inc. FIRES TORM Pyrolerimics, ["c. Springville (Jlllh Fireworks PROPOSAL

• Kearns Fire, Water, & Ice - 2006,2012

• HOllston, Texas ·Freedom Over Texas Fourth of July

• Phoenix, Arizona ·Phoenix Fabulous Fourth of July six times

• and many more

Mr. Shriber has also produced private, commercial shows for Stadium of Fire in Provo (6 years), Utah; The Disney Corporation, Walt Disney World, Florida; and the Pro Rodeo Association. He is the only pyrotechnician to have displayed in Lake Powel! National Park and yearly delivers a charity show to the Boy Scouts of America in Uinta National Forest, Maple Dell camp.

RIWERENCES L Brian Wall, Mayor Mapleton, Utah (80 I) 798·0722

2. Scott Spenser, Fire Chiefpaysol1, Utah (80 I) 465-5252

3. Phil Brown, Chairman, Utah (Strawbeny Days Rodeo 20 11) (801)787·3824

TECHNICIANS AND SAFETY Firestonn 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 standards as well as 27 CFR Subchapter C 555 and 49 CFR regarding safe shipping and handling of explosives and hazardous materials.

Firestonn will provide an experienced crew to assist in the setup and f'oring 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.

Firestonn is required by the Department of Transportation to have a strict drug and alcohol testing program as well as a strict hiring program. Firestonn employees must past these requirements and a background check.

Firestorm uses the best equipment and industry leading 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. Safely of our guests and employees is our number olle consideration.

Firestorm has not received allY notice of, disciplinwy actions, or law suits.

81Page Copyright © 20 J 3 Firestorm Pyrotechnics, Inc. FIRES TORM Pyrolcr/mics, Inc. Springville Utalt Fireworks PROPOSAL

WHAT GIYES FIRESTORM THE COMI)ETlTlVI~ ADV ANTAGI~? • 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 design and specifications, delivering thousands of effect types and colors instead of the industry standard two hundred. This is a stand-alone benefit. • Firestorm purchases custom product; because of this, all Firestorm product is manufacture in the same batch. The result is your shell's colors and timing will be matched and the most accurate in the industry resulting in a higher "wow factor", • In custom designing your show, Firestonn will provide np to 816 different pyrotechnic effects - plus 40 one-of-a-kind, custom-designed, U.S. manufactured shells. • Firestorm employs a sound engineer with over seventeen years of experience to mix and time your selected musie 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 and requires separate pricing,

Thank you for your consideration of Firestorm, Inc. a company that commits to deliver the best pyrotechnics events available.

91Page Copyright © 2013 Firestorm Pyrotechnics, Inc, VO FIREWORKS ~rtists

APRIL 22, 2013

Diana Carroll, Clerk/Auditor Clerks Office 125 East Center street Moab, Utah 84532

Dear Diana: Thank you for giving us the opportunity to bid on your fireworks display for the Grand County to take place on July 4, 2013. It would be an honor to provide the fireworks and and be a part of your great tradition.

Vortex Fireworks Artists was created for the specific purpose of developing fireworks as a performance art and bringing this higher level of fireworks to Utah. We are a small company that by design shoots only a small number of shows each year. We focus our attention on the few select customers we take on. We consider the Grand County fourth of July the highest priority and take pride in being a part of your celebration. We will give your show our best effort to make it the best they can be.

Included in this proposal will be all the necessary insurance, Federal and State licenses, local permit, transportation, fireworks, all of the product materials and equipment, crew and a state licensed Pyrotechnic Display Operator to manage, and fire and clean-up the display. The display will be conducted in compliance with NFPA code 1123 for Display Fireworks and the local Authority having jurisdiction. The program listed in this proposal will be 1.0.0.% electrically fired.

VORTEX PRODUCTIONS INC. 1865 Wasatch Drive Salt Lake City, Utah 84108 PHONE: (801) 580-6389 FAX: (801) 486-5955 E- MAIL: chuckj@xmission,com To take every advantage of the huge variety of effects included in your show we use innovative firing equipment that we have developed and produced exclusively for our company. Along with our specialized equipment we carefully hand select each size, color, and effect to give our shows excellent performance. These techniques keep the performance fresh and exciting, keeping the sky full and clear from smoke as possible getting the most from the effect of each shell.

For example, your show will include the following firing techniques:

Pairs shot in a crossing "X" pattern: Identical or complementary "tailed" aerial shells shot from a distance apart crossing in the middle of the air then breaking in unison.

Pairs shot in a crossing "V" pattern: Identical or complementary "tailed" aerial shells shot from a distance apart crossing in the middle of the air then breaking in unison.

Fronts: Volleys of ten identical or complementary shells including either aerial star shells, mines, comets, or salutes widely spaced out from each other and launched simultaneously or in short cadence which fill the sky as they break in unison or short staccato for different and dazzling effects.

Specials: Volleys of identical or complementary 4, 5, and 6 inch shells. These make a large "umbrella" effect.

False Finale: Give the momentary illusion that the show is over. The viewers are surprised and pleased when the show continues as it gives the feeling that the show lasts longer.

The Finale: When the actual finale is fired, we spread the finale shells and salutes to the maximum distance allowable away from each other. We also "fan" the shells out. By doing this each shell receives the largest individual portion of sky possible so the effect of each shell can be seen. Otherwise the shells "walk" on each other or get lost in the smoke of the previous shells diminishing their effect.

The following show is designed specifically for the Grand County Venue with a budget of $17,000.00. We have taken into consideration: audience location, Fallout zone, and natural obstructions to provide the best visual display for the largest audience viewing area available at your particular location.

This show will be shot in 430 cues (including pairs, specials, and finales with multiple shells per cue) giving three seconds per cue will be 21.5 minutes in length. This is a very conservative estimate. This show could go up to 25 minutes and still be an active show. NOTE: We have purposely left out Multi Shot "Cakes'. It is understood that the audience will be viewing the fireworks from a distance and that Multi Shot "Cakes" are fireworks emanate from the ground up, multi shot "cakes" might not be seen by all due to obstacles obscuring the view. If you feel that this is not an issue and you would like them we can adjust this proposal to include them.

GRAND COUNTY 2013:

MAIN SHOW: THREE INCH SHOT IN PAIRS = 400 FOUR INCH SHOT INDIVIDUALLY = 150 FIVE INCH SHOT INDIVIDUALLY = 105 SIX INCH SHOT INDIVIDUALLY = 45 EIGHT INCH SHOT INDIVIDUALLY = 8 SPECIALS: THREE INCH, 5-10 SHOT SPECIALS =50

FOUR INCH, 5 -5 SHOT SPECIALS == 25 FIVE INCH, 3- 5 SHOT SPECIALS = 15

SIX INCH, 3-3 SHOT SPECIALS = 9 FALSE FINALE SHOT IN TWO STATIONS:

THREE INCH SHELLS = 100 GRAND FINALE SHOT IN FOUR STATIONS: THREE INCH SHELLS = 200 lWELVE IN SHELL = 1 SHOT AT THE VERY END OF THE FINALE

TOTAL SHELL COUNT:

3 INCH = 750 4 INCH = 175 5 INCH = 105

6 INCH = 54 8 INCH SHELL = 8

VORTEX PRODUCTIONS INC. 1865 Wasatch Drive Sail Lake City, Ulah 84108 PHONE: (801) 580-6389 FAX: (801) 486-5955 E- MAIL: [email protected] RESUME FOR CHUCK JOHNSON PRESIDENT AND VORTEX PRODUCTIONS:

1992: FOUNDED VORTEX PRODUCTIONS INC.

1994: GRANTED A TYPE 20 LICENSE FROM THE B.A.F.T.E. (NEWELY REQUIRED)

1994 - PRESENT: PERFORMED AS FREELANCE SPECIAL EFFECTS FOR THE FILM AND TELEVISI'ON INDUSTRY

1996 - PRESENT: GRANTED AND MAINTAINED AN OPERATOR OF OUTDOOR DISPLAY FIREWORKS AND THEATRICAL SPECIAL EFFECTS UCENSE FROM THE STATE OF UTAH (NEWLY REQUIRED BY THE STATE OF UTAH)

2000: EXPANDED VORTEX PRODUCTIONS INC. TO INCLUDE OUTDOOR FIREWORKS D.B.A. VORTEX FIREWORKS ARTISTS

2000 - PRESENT: HAVE PERFORMED SPECIAL EFFECTS AND FIREWORKS DISPLAYS FOR HUNDREDS OF CLIENTS. INCLUDING PYROTECHNICS, FLAME EFFECTS, FIREWORKS, AND OTHER EFFECTS PERTINENT TO THE INDUSTRY.

Thank you once again for giving us the opportunity to bid on your fireworks display. Please call with any concerns, discussions, or questions.

VORTEX PRODUCTIONS INC. 1865 Wasatch Drive Salt Lake City, Utah 84108 PHONE: (801) 580-6389 FAX: (801) 486-5955 E- MAIL: [email protected]

Request for Proposals Grand County July 4, 2013 Fireworks Display

RESPONSES DUE: April 22, 2013 4:00 p.m. (MDT)

RFP QUESTIONS & SUBMITTALS: Diana Carroll, Clerk/Auditor Clerk’s Office 125 East Center Street Moab, UT 84532 (435) 259-1322 [email protected]

SCOPE OF SERVICE QUESTIONS: Ruth Dillon Council Administrator 125 East Center Street Moab, UT (435) 259-1347 [email protected]

This solicitation has been developed specifically for a Request for Proposal intended to solicit competitive responses for the Fireworks Display, and may not be the same as previous Grand County solicitations. All offerors are urged to thoroughly review this solicitation prior to submitting.

IMPORTANT NOTICE TO ALL RESPONDENTS: Grand County reserves the right to disqualify incomplete proposals, waive minor defects as it deems applicable in the written proposals, request additional information from any Respondent, change or modify the scope of the project at any time without penalty, negotiate terms with one or more of the Respondents, reject any or all proposals without penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work. Proposals will not be considered for award if received by Grand County after the official closing date and time.

PART I- SCOPE OF SERVICES.

SCOPE. To provide a July 4th fireworks display with full services, including, but not limited to all costs, expenses, materials, delivery, set up, staging, permitting, property use approvals, clean-up and interfacing with appropriate authorities including the Fire Department. Weather permitting, these services shall be provided on July 4th, 2013 at or near dark. Grand County has budgeted $17,000 for this event and the total cost for this event shall not exceed that amount.

The fireworks display shall consist of at least an 18 minute continuous period of assorted firework shells, false finale, and grand finale.

It is the intent of this Request for Proposals (RFP) to set forth the minimum acceptable requirements for responses to this request.

If, on July 4, weather conditions (such as wind, hail, or rain) exist that are not conducive to a safe fireworks display, then these services shall be provided on an agreed upon rain date.

PART II- RESPONDING TO RFP.

To be considered, send three (3) copies (one original and two copies) of the sealed proposal to:

Grand County Clerk/Auditor’s Office ATTN: Fireworks RFP 125 E. Center Street Moab, UT 84532

Responses are due Wednesday, April 22, 2013, no later than 4:00 PM. Any Response, modification, or amendment received after the due date and time is considered late and will not be accepted. No electronic responses (facsimile, e-mail, etc.) will be accepted.

Proposals shall be opened by a representative from the Clerk/Auditor’s Office and a witness in private after the deadline has passed. The amount of each proposal, the number of Respondents, and any other relevant information shall not be made public until after the negotiation process has concluded.

INSTRUCTION FOR RESPONDING TO THIS RFP: It is incumbent upon each Respondent to carefully examine these specifications, terms and conditions contained in this RFP. Any clarification or additional information shall be made in writing to the appropriate person called out on the cover page. When appropriate the County will respond through written means.

If it becomes necessary for the County to revise or amend any part of this RFP, notice will be given to all Respondents who are registered when receiving this RFP. To register please send an email to [email protected] with contact information sufficient

to forward any amendment. Respondents must acknowledge receipt of the amendment in their proposal. Each Respondent should ensure that they have received all amendments to this RFP before submitting their proposal; please check the Grand County website at www.grandcountyutah.net for any amendments.

Information that shall be submitted includes:

1. Qualifications and Contact Information: Please provide detailed contact information for your business and contact person, including phone(s), email, website, fax, etc. Describe, in sufficient detail the business experience providing fireworks displays, expertise and include a brief history of the business. 2. Display Length: Describe in detail the length of the main show, the false finale, and the grand finale. 3. Shell Assortment: Describe, in sufficient detail, the shell assortment, count and size. 4. Firing Technique: Describe how the fireworks will be fired, electrical or hand. Preference may be given to electrical firing. 5. License: Include a copy of the Proposer’s valid Utah State business license and certified pyrotechnics certificate. Applicant may be required to obtain a Grand County Business License. 6. References: Include names, addresses and contact persons of at least three (3) similar clients with whom the Proposer has provided similar services. The County may contact such persons. 7. Proposed Approach: Describe, in sufficient detail, how the Proposer plans to provide the Services (techniques, timing, display, etc.) and any other information the Proposer considers relevant. 8. Price: Detail the proposed all-inclusive fee for the Services which includes, but is not limited to, all costs, materials, expenses, supplies, permits, bonds, insurance, etc. 9. Rain Date: Provide an alternate date should inclement weather prohibit the fireworks display on the 4th of July. 10. Disciplinary Actions: Summarize any notices, disciplinary actions, and suits by or against Proposer or related entities during the past three (3) years. 11. Submission of FORM 1 Public Records Law (attached). 12. Submission of FORM 2 Cost Breakdowns (attached). The Respondent must provide a proposal of the work to be completed and include the maximum cost for the service.

PART III- SELECTION PROCESS.

Each proposal will be reviewed by a selection committee that may include but is not limited to elected officials, County staff members, and invitees of the County. The committee will evaluate the written proposals and rank each proposal on the considerations noted in the RFP. The committee may request the top Respondents to attend an interview and provide additional information to the committee. The selection committee will forward a recommendation and draft contract to the Grand County Council for awarding of the contract. Evaluation criteria will include the following:

• Compliance with required information requested in the RFP. • The duration of the display, size and type of shells, the number of shells. • The business’ recent experience with providing services of similar size and scope and the satisfaction of previous client(s). • Licenses and certifications required to perform work within the state of Utah. • Cost of service. • All other criteria deemed pertinent by the committee in review of the proposals.

PART IV- REQUIREMENTS/STANDARDS GOVERNING RFP.

The following terms and conditions, including in Part IV- Requirements/Standards Governing RFP, shall govern the submission of proposals. Any conflict with the terms and conditions contained in Part IV- Requirements/Standards Governing RFP and Part V Contract shall be controlled by the stricter term or condition. The County reserves the right to reject any proposals which takes exception to the terms or conditions in Part IV or Part V of this document.

COMPLETING PROPOSALS: Proposals must be submitted with the required forms herein and all forms must be completed in accordance with the instructions. Any and all corrections and/or erasures must be initialed and dated by the Respondent. Each proposal must be manually signed in ink by an authorized Respondent and all required information must be provided. Each Respondent may submit only one (1) proposal. The contents of the proposal submitted by the successful Respondent will become part of any contract awarded as a result of this request.

CONFIDENTIALITY OF PROPOSAL INFORMATION: Each proposal must be securely sealed to provide confidentiality of the proposal information prior to the proposal opening. The submitted proposal envelope must be prominently marked “Fireworks RFP.” Failure to mark proposal envelopes as required is cause for proposal rejection as the County may not consider proposals improperly marked that are inadvertently opened as routine correspondence prior to the time and date set for the proposal submission.

All proposals become public information after the proposal opening and are available for inspection by the general public in accordance with the Government Records Access and Management Act.

REQUEST FOR INFORMATION: Any request for clarification or additional information deemed necessary by any Respondent to present a proper proposal shall be submitted in writing to Grand County Council Administrator, 125 E. Center Street Moab, UT 84532. To be considered, any such request must be received in time to allow the County sufficient time to prepare and disseminate a written response. When appropriate, valid requests received in accordance with the foregoing will be responded to in writing from the County in the form of an addendum addressed to all prospective Respondents.

ADDENDUM: All changes in connection with this request for proposals will be issued by the County in the form of a written addendum. Signed acknowledgment of receipt of each addendum should be submitted with the proposal.

TAX EXEMPT: Grand County is exempt from federal and state taxes. DO NOT include taxes in the proposal.

CONDITIONAL PROPOSALS: Conditional proposals are subject to rejection in whole, or in part, at the sole discretion of Grand County.

LATE PROPOSALS AND MODIFICATIONS OR WITHDRAWALS: Proposals received after the date and time indicated on the cover sheet shall not be considered and shall be returned (unopened if sealed) if the Respondent is identified on the proposal envelope. Proposals may be withdrawn or modified in writing prior to the proposal submission deadline. Proposals that are resubmitted or modified must be sealed and submitted to the County prior to the proposal submission deadline. After proposal opening no changes in proposal prices or other provisions of proposals prejudicial to the interest of the County or fair competition shall be permitted.

PROPOSALS BINDING: All proposals submitted shall be binding upon the Respondent if accepted by Grand County within ninety (90) calendar days of the proposal submission date. Negligence upon the part of the Respondent in preparing the proposal confers no right of withdrawal after the time fixed for the submission of proposals.

NEGOTIATION: The County reserves the right to negotiate any and all elements of this proposal.

TIME LIMIT TO EXECUTE CONTRACT: The Respondent must successfully execute a contract within the specified time after the County’s notification to enter into contract. If the Respondent fails to execute a contract within the required time, award to that Respondent may be withdrawn and award made to the next highest rated Respondent as approved by the County Council.

CODES AND REGULATIONS: All deliverables and work within the scope of this request shall be completed by the Respondent in conformance with all applicable codes and regulations.

SAFETY: All practices and goods furnished as a result of this request shall comply with the federal Occupational Safety and Health Act, as well as any pertinent federal, state and/or local safety or environment codes.

NON-LIABILITY: The Respondent shall not be liable for delay or failure to deliver services when such delay or failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or by any other circumstances which, in Grand County’s opinion, is beyond the control of the Respondent. Under such circumstances, however, Grand County may cancel the contract if such action is deemed to be in the best interest of the County.

ASSIGNMENT OF CONTRACTUAL RIGHTS: Successful Respondent shall not assign, transfer, convey or otherwise dispose of any contractual rights derived from this quotation request or its right, title or interest in or to the same, or any part thereof, without the previous written consent of Grand County.

INVOICE: Invoices shall be prepared and submitted in duplicate to Grand County Clerk/Auditor’s Office, 125 E. Center Street Moab, UT 84532.

COLLUSIVE PROPOSALS: The Respondent certifies, by submission of a proposal, that their proposal is made without any previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same products or services with prior knowledge of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. Any evidence of collusion among Respondents and prospective Respondents acting to illegally restrain freedom of competition by agreement to offer a fixed price, or otherwise, will render the proposals of such Respondent void.

CONFLICT OF INTEREST: The award hereunder is subject to provisions of Utah State statutes and Grand County ordinances and policies. All Respondents must disclose with their proposal the name of any officer, director, or agent who is also an employee of Grand County, Utah. Further, all Respondents must disclose the name of any Grand County employee who owns, directly or indirectly, any interest in the Respondent’s firm or any of its branches.

No person involved in making the award decisions may have personal investments in any business entity that will create a substantial conflict between their private interests and their public duties. Any person involved in making procurement decisions is guilty of a felony if the person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward, or any promise thereof, either for the person’s own use or the use of benefit of any other person or organization from any person or organization interested in selling to the County.

DISCLAIMER OF LIABILITY: Grand County or any of its agencies will not hold harmless or indemnify any Respondent for any liability whatsoever.

HOLD HARMLESS: The Respondent agrees to protect, defend, indemnify, and hold Grand County, and its officers, council members, commissions, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character resulting from the error, omission, or negligent act of the Respondent, its agents, employees or representatives, in the performance of the Respondent duties under any agreement resulting from award of this proposal. The Respondent further shall agree to investigate, handle, respond to, provide defenses for and defend any such claims, etc., even if such claim is groundless, false or fraudulent.

ANTI-DISCRIMINATION CLAUSE: No Respondent on this proposal request shall in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.

ACCURACY OF PROPOSAL: Each proposal is publicly opened and is made part of the public record of the Grand County Clerk/Auditor Office. Therefore, it is necessary that any and all information presented is accurate and will be that by which the Respondent will complete the contract. If there is a discrepancy between the unit price and extended

total, the unit price will prevail. If there is a discrepancy between the estimated quantities of work in a contract and actual quantities, the estimated quantities shall prevail.

PUBLIC RECORD: Grand County is governed by the Governmental Records Access and Management Act (except from exemptions allowed by state law). Information or data pertinent to the Respondent’s proposal and of a confidential nature must be bound and placed in a separate sealed envelope and included with each copy of the Respondent's proposal. Grand County requests that a minimum amount of confidential material be used by the Respondent in preparing responses to the proposal. Materials consisting merely of general descriptive information will not be considered confidential under any circumstances.

SUBSTITUTIONS: No substitutions will be accepted for goods proposed after award, without the prior approval of Grand County. Any substitutions allowed will be supplied at no more than the contract proposal prices.

DISCOUNTS: Any and all discounts must be incorporated as a reduction in the proposal price and not shown separately. The price as shown on the proposal shall be the price used in determining award or awards.

INCURRED EXPENSES: This proposal does not commit Grand County to make an award, nor shall the County be responsible for any cost or expenses which may be incurred by any Respondent in preparing and submitting any offer, or expenses incurred by any Respondent prior to the execution of a purchase order or contract agreement.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. All specifications shall seek to promote overall economy and best use for the purpose intended and encourage competition in satisfying the County’s needs.

LOCAL VENDORS. Where practical and reasonable, and within the scope of this article, Utah products and local vendors shall be given preference. Specifically, County Departments are encouraged to determine whether or not local merchants can meet prices quoted by out-of-county vendors. The purchasing agent is not required to purchase goods at the lowest price if there is an offsetting or added expense for travel, shipping, or other inconvenience associated with an out-of-county purchase.

NO WAIVER OF FUTURE RIGHTS: No provision in this document or in the Respondent’s proposal shall be construed, expressly or by implication, as a waiver by Grand County of any existent or future right and/or remedy available by law in the event of any claim or default or breach of contract.

BOND AMOUNTS. Upon the award of all construction contracts, the following bonds or security shall be delivered to the County: (a) A performance bond in an amount equal to 100% of the contract price; or (b) A payment bond in an amount equal to 100% of the

contract price to serve as protection of all persons or companies supplying labor and/or material to the contractor or its subcontractors for the performance of the contract.

RFP DISCLAIMER. Grand County reserves the right to disqualify incomplete proposals, waive minor defects, as it deems applicable in the written proposals, request additional information from any Respondent, change or modify the scope of the project at any time without any penalty, negotiate terms with one or more of the Respondents, reject any or all proposals without a penalty, and take any steps necessary to act in the County’s best interest. The County also reserves the unilateral right to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work.

SUSPENSION & TERMINATION. Through written notification the County may order an immediate suspension of work with or without cause. The contract may be terminated in accordance to the provision contained in the contract.

FORM 1 Public Records Law

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

Upon selection of the award, submittals become “public records” and shall be subject to public disclosure consistent with the Government Records Access and Management Act. Those who submit must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

If you submit information exempt from public disclosure, you must identify with specificity which page(s)/paragraph(s) of your proposal package is (are) exempt from the Government Records Access and Management Act and identify the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked accordingly. By submitting an offer in response to this solicitation, you specifically agree to defend and indemnify Grand County, County Council, and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets or other proprietary information to any person making a request therefore.

Company Name: ______

Authorized representative (printed): ______

Authorized representative (signature): ______

Date: ______

FORM 2 Proposal Cost Breakdowns

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

I, ______(Printed Name) on behalf of ____ (Print Company Name), provide Grand County with this proposal and agree to comply with Part IV- Requirements/Standards Governing RFP.

Signature:______Date: ______

Fireworks Contract Proposal

1. All services described in this RFP $______

2. ______. $______

Subtotal A (Not to Exceed Amount) $ ______

Main total (Not to Exceed Amount) $ ______

CONSENT AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Consent Agenda Items: Q through T Q. Approving SITLA License Agreement Right of Entry No. 5880 for Land TITLE: Access for the 4th of July Fireworks Show R. Approving Chair’s Signature on a Grant Application to Be Submitted to MAP-21’s “Federal Lands Access Program” for Leveraged Funding of Maintenance of the LaSal Loop Road S. Adopting Proposed Resolution for the Council-Approved Grand County Noxious Weed Control Policy T. Approving Proposed Memorandum of Understanding Between the Bureau of Land Management and Grand County for Sharing a Microwave and Telecommunications Facility at the Emergency Operations Center

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 MAY 7, 2013 Agenda Item: Q Approving SITLA License Agreement Right of Entry No. 5880 for Land TITLE: Access for the 4th of July Fireworks Show

FISCAL IMPACT: None

PRESENTER(S): Consent agenda item

Prepared By: BACKGROUND: th KaLeigh Welch, As a requirement for use of the Lions Back property for the 4 of July Council Office Fireworks display SITLA requires a license agreement for right of entry. Coordinator (435) 259-1346 ATTACHMENT(S): SITLA License Agreement (Right of Entry No. 5880)

FOR OFFICE USE ONLY: Attorney Review:

N/A

LICENSE AGREEMENT (Right of Entry No. 5880)

This License Agreement ("License") is made effective as of April 2, 2013 ("Effective Date") by and between State of Utah, acting by and through the School and Institutional Trust Lands Administration and LB Moab Land, LLC, a Colorado limited liability company (collectively "Licensor") and Grand County, Utah ("Licensee"). In consideration of the mutual covenants and condition herein expressed, the Parties agree as follows:

I. Grant of License. Licensor hereby grants to Licensee the revocable and nonexclusive license and permission to use certain areas of Licensor's real property situated in Grand County, Utah and commonly referred io as "Lionsback" ("Properly"). The Parties, in entering into Agreement and granting and accepting this License, hereto desire to avail themselves of the maximum immunities, benefits and protections which may be available to each ofthem pursuant to any and all public recreational use statutes.

2. No Monetary Consideration. This license is granted to Licensee as an accommodation to Licensee, and shall be without monetary consideration. Licensor hereby acknowledges the title of Licensor to the Property, and agrees never to assail, resist or deny such title, including making any claims to prescriptive rights to any portion of the Property.

3. Tenn of License and Termination. This License shall commence On July 2, 2013 at 8 AM and shall automatically terminate without notice to Licensee on July 6, 2013 at 5 PM.

4. Scope of License. The permission granted under this License is strictly limited as follows:

a. Licensee's activities on the Property are strictly limited to using the Property to prepare and conduct a Fourth of July Fireworks display undertaken on a portion ofthe Property mutually agreed upon by Licensor and Licensee ("Permitted Uses"). The Permitted Uses are strictly confined to existing roads and trails currently on the Property. Licensee shall consult with Licensor if Licensee has questions about the location of existing roads. Licensor may require other limitations as deemed necessary. Licensee and its employees and customers shall at all times strictly comply with all terms of this License.

b. Neither Licensee nor its contractors, ctc., may disturb any vegetation.

c. Li~cnsee shall not permit any unlawful activity to occur on said Property.

d. Licensee shall prepare the Property for the permitted uses at its cost and expense. Licensee shall not materially change or alter the conditions of the Property without consent of Licensor. Licensee shall not permit any mechanic's or materialmen's liens.

e. Licensee shall be responsible for obtaining any and all consents and approvals that may be necessary to conduct the Permitted Uses, if any, by all regulatory agencies claiming jurisdiction.

f. Licensee shall promptly clean up the Property removing all unexploded shells and material remnants of exploded shens.

Page I of4 5. Compliance with Law. Licensee shall at all times comply with all applicahle laws, regulations, and ordinances and shall oinain and maintain in full force and effect all permits and approvals which may be required to engage in the Permitted Uses on the Property.

6. Personal License Only. Licensee's privileges under this License are personal in nature to Licensee and shall not be assignable in whole or in part.

7. Assumption of Risk. Licensee shall be solely responsible for the conduct and safety of all persons potentially hurt, injured Or otherwise affeeted by its undertaking of the Authorized Uses while using the Property. Licensee on behalf of itself, its employee, agents and customers hereby acknowledges that it is familiar with the condition of the Property and acknowledges all such conditions. Licensee hereby expressly assumes all risks of every kind and nature whatsoever that Licensee may encounter on the property, including, with limitation, the risks associated with the foregoing hazards. Licensee shall at all times obey, adhere to, and comply with all hazard notices and all other warning signs Or notices that may be posted on the Property. The absence of hazard notices, warning signs, or other notices shall not limit in any way Licensee's assumption of risk in its activities under this License.

8. Liability Insurance. Throughout the entire term of this License, Licensee shall maintain in full force and effect, at Licensee's sole expense, a policy of generalliabiJity insurance policy insuring Licensee and Licensor against any damage, claim, action, or suit resulting from personal injury or property damage sustained, or alleged to have been sustained, in connection with Licensee's use of the Property. Licensee shall furnish a copy of such insurance policy to Licensor before the commencement date of this agreement and thereafter upon request of Licensor. Licensee shall maintain at its sole cost and expense adequate insurance to protect Licensee and Licensor from claims under worker's compensation, disahility benefits and other similar employee benefit laws and regulations.

9. Indemnification. Licensee shall indemnifY and save harmless Licensor from any and all claims, losses, liahilities, damages, or expenses of any kind and nature whatsoever including attorney fees for damage to property or injury or death to persons whomsoever arising in connection with or on account ofthe use of the Property by Licensee or Licensee's member, guests, invitees, customers, representatives, employces, contractors, or other similarly situated persons.

10. Attorney Fees, Costs and Governing Law. In the event that either the Licensor or the Licensee files any action in relation to this License, the unsuccessful PartY to the action shall pay to the successful Party, in addition to all other sums that either Party incurred by the unsuccessful PartY, reasonable attorney fees and costs by the suceessful Party. This License shall be governed by and construed in accordance with the laws of the State of Utah.

II. License Not Exclusive. The permission granted under this License is not exclusive to Licensee, and Licensee expressly acknowledges that Licensor may grant other persons or entities the right, privilege, and permission to use the Property.

12. Modification of License. Any modification of this License shall be binding only if evidenced in writing signed by each Party or an authorized representative of each Party.

13. Termination of License. Licensor may terminate this License at any time by written

Page 2 of4 notice to Licensee if Licensor concludes, in its sole discretion that any activity on the Property violates any law, regulation or this Agreement or threatens harm to the Property, surrounding property or the peace and enjoyment by neighbors of their properties.

14. Entire Agreement. This License shall constitute the entire agreement between the parties and any prior or representation of any kind preceding the date of this License shall not be binding upon either Party except to the extent expressly incorporated in this License.

15. Notices. Any notice concerning this License shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail as set forth below.

If to Licensor: Utah School and Institutional Trust Lands Administration 675 East 500 South, Suite 500 Salt Lake City, Utah 84102-2818 Attention: Assistant Director - Development

LB Moab Land, LLC 187 Aldasoro Road Telluride, Colorado 81435

If to Licensee:

Grand County Council 125 East Center Street Moab, UT 85432

16. Interoretations, Counterparts and Facsimiles. This License may be executed in multiple counterparts or by legible facsimile copy, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same instrument. The facsimile transmission of a signed copy hereof or of any notice to be given to the other Party or his or her agent, shall be considered valid and constitute a signed original. A signed "hard copy" of the document shall not be necessary, but may be executed by the parties.

Page 3 of4 IN WITNESS WHEREOF, Licensor and Licensee have executed this License as of Effective Date.

LICENSOR:

THE STATE OF UTAH, by and through the SCHOOL and INSTITUTIONAL TRUST LANDS ADMINISTRATION

r') ,I/i, )"",, By..' , ('1\ Date: 4· 0 U ::.L.../.2.....,)__ _

LB MOAB LAND, LLC, a Colorado limited liability company

LICENSEE:

Grand County Council 125 East Center Street Moab, UT 84532

By: ______Date: ______

PrinwdName: ______Title: ______

Page4of4 Utah Local Governments Trust THIS CERTIFICATE IS ISSUEDAS A MAnER OF INFORMATION ONLY AND CONFERS NO 55 South Highway 89 RIGHTS UPON THE CERTIFICATE HOLDER. nns CERTIFICATE DOES NOT AMEND, EXTEND North Salt Lake UT 84054 ORALTER THE COVERAGE AFFORDED BY1'HE POllCIES BElOW.

Grand Coonty 125 ECenter Moab, UT. 84532

THIS IS TO CERT1FYTHATTHE POl!CIES OF INSURANCE LISTED BHOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTAND1NGI

f--v-l11490.(3L2013 1/1/13 1/1/14

f-_-I 1149O.(JL2013 1/1/13 1/7/74

I '"" Auto Physicar Damage

Confrimation of General Auto and Uabll1ty coverage for Grand County

2013 Fireworks display

School Institutional Trust Lands Administration is also named as additional insured or loss payee as their interests may appear

EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR ~ DAYS WRITTEN NOTICE TO THE CERllFICATE HOLOER SmA : NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOnCE SHALL IMPOSE NO : OB:JGATIO:1OR UABILIITOF ANY KIND UPON THE COMPANY, rrSAGENTS OR ;;Hlssu, Dale

3/1"13

Utah Local Governments Trust THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO 55 South Highway 89 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND North Salt Lake UT 84054 OR AlTER THE COVERAGE AFFORDED BYTHE POliCIES BELOW.

In,ured Grand County Utah local Trust 125 E Center Moab, UT. 84532

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS St-/OWN MAY HAVE BEEN REDUCED BY PA!D CLAIMS.

General Liability A Claims Made f------V----111490-GL20 13 1/1/13 1/1/14 X I,Um;' X f-----_---11149G-GL20 13 1/1/13 1/1/14 IIBOdilBodily y Injury 1"~':;::':::;~======~I • IP~"rty Damag, IStalulo.,.

I " Lla"1II1Y IAuto Physlca! Damage

I Cov.rn.,

.;.;.;.;.;.;.;.;.;.

Confrimation of General Auto and Liability coverage for Grand County

2013 Fireworks Display

Michael Badger of LB Moab Land, LLC is also named as additional insured or loss payee as their interests may appear

~;:::;:::;:::l;:::l;:::l;:j~SHOULD PNY OF THE ABOVE DESCR!BED POLlC!ES BE CANCELLED BEFORE THE EXP!RAT!ON DATE THEREOF, THE ISSUING COMPANY W!LL ENDEAVOR TO MA!L ~ DAYS WR!TTEN NOT!CE TO THE CERTIF!CATE HOLDER Michael Badger NAMED TO THE LEFT, BLIT FA!LURE TO MA!L SUCH NOTICE SHALL !MPOSE NO ! OR L1AB!L1TY OF ANY K!NO UPON THE COMPANY, !TS AGENTS OR

~... ~.., I

I ~-"- A.- 4~~ i,ven A Hansen.

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: R

TITLE: Approving Chair’s Signature on a Grant Application to Be Submitted under MAP-21’s “Federal Lands Access Program” for Leveraged Funding for Road Improvements on the LaSal Loop Road None ($100,000.00 match at 6.77% potentially from the Transportation FISCAL IMPACT: District)

PRESENTER(S): Bill Jackson, Supervisor Grand County Road Department.

RECOMMENDATION: Prepared By: I move to approve the Chair’s signature on a grant application to be submitted under MAP-21’s “Federal Lands Access Program” for leveraged Bill Jackson. Road Supervisor and funding for road improvements on the La Sal Mountain Loop Road and Ruth Dillon authorize the Chair to sign all associated documents. Council Administrator BACKGROUND: In 2012 a segment of the Castleton Road was repaved, also in 2012 a segment of the La Sal Mountain Loop Road (Miners Basin area) was also repaved. These segments were one hundred percent funded with Federal monies thru the Utah Forest Highway. With the new MAP-21 and the Federal FOR OFFICE USE ONLY: Lands Access Program the project sponsor is required to match 6.7 % of the Attorney Review: Federal share of the project. I have received a verbal approval for $100,000

match monies for this project from the Transportation Special Service District.

N/A The grant application is due May 15, 2013 and is being drafted by Horrocks Engineers.

st For reference, MAP-21, or “Moving Ahead for Progress in the 21 Century,” is federal transportation legislation that gives preference for 80% funding to 12 western states including Utah. MAP-21 established the Federal Lands Access Program, the goal of which is to improve transportation facilities that provide access to, are adjacent to, or are located within Federal Lands for which maintenance responsibility is vested in a local government. The Access Program supplements state and local resources for public highways, roads, bridges, trails, transit systems, and other transportation facilities, with an emphasis on high-use recreation sites and economic generators.

ATTACHMENT(S): 1. U.S. Department of Transportation’s “Federal Land Access Program” eligibility criteria

Eligibility - Funds made available under the Access Program shall be used to pay the cost of:

(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal Lands Access Transportation Facilities located on or adjacent to, or that provide access to, Federal land, and-

(i) adjacent vehicular parking areas;

(ii) acquisition of necessary scenic easements and scenic or historic sites;

(iii) provisions for pedestrians and bicycles; Fligi,bility . cont.

(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and

(vi) other appropriate public road facilities, as determined by the Secretary;

(8) operation and maintenance of transit facilities; and

(C) any transportation project eligible for assistance under title 23 that is within or adjacent to, or that provides access to, Federal land.

~~ •.. ~~~ . . ~"'.-"~~~.

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: S Adopting Proposed Resolution for the Council-Approved Grand County TITLE: Noxious Weed Control Policy

FISCAL IMPACT: None

PRESENTER(S): Ruth Dillon, Council Administrator

Prepared By: RECOMMENDATION:

Ruth Dillon I move to adopt the proposed resolution for the Council-approved Grand Council Administrator County Noxious Weed Control Policy and authorize the Chair to sign all associated documents.

BACKGROUND: The resolution was inadvertently left out during the approval of the Grand th County Noxious Weed Control Policy on April 16 . Ideally the policy would have been approved by resolution in order to tie the approved policy to a FOR OFFICE USE ONLY: numbered resolution as part of the County’s indexing system. Attorney Review:

N/A ATTACHMENT(S): 1. Proposed Resolution

2. Signed Grand County Noxious Weed Control Policy – Approved April

16, 2013

RESOLUTION No. _____ (2013)

A RESOLUTION OF THE GRAND COUNTY COUNCIL APPROVING THE GRAND COUNTY NOXIOUS WEED CONTROL POLICY

WHEREAS, the Grand County Council approved by motion on April 16, 2013 the Grand County Noxious Weed Control Policy, in accordance with the 1971 Utah State Noxious Weed Act, with such policy designed to more formally establish: a) weed control practices including chemical, biological, cultural and mechanical methods; b) annual coordination meetings; c) weed control service area(s); d) weed control priorities; e) categories of weeds; f) noxious weed seed restrictions; g) weed control fee schedule for the 2013 spraying season in accordance with the Grand County Consolidated Fee Ordinance; h) publication of noxious weed notice; i) and notification of property owners failing to control weeds.

THEREFORE, THE GRAND COUNTY COUNCIL, STATE OF UTAH HEREBY RESOLVES AS FOLLOWS:

That the Grand County Noxious Weed Control Policy, attached as Exhibit A and approved by motion of the Grand County Council on April 16, 2013, is hereby formally adopted by resolution.

PASSED AND APPROVED by the Grand County Council on the ____ day of ______, 2013 by the following vote:

AYE: ______

NAY: ______

ABSENT: ______

ATTEST: GRAND COUNTY COUNCIL

______Diana Carroll, Clerk/Auditor Gene L. Ciarus, Chair

GRAND COUNTY NOXIOUS WEED CONTROL POLICY

STATEMENT OF INTENT The Grand County weed control program will function in accordance with the 1971 Utah State Noxious Weed Act to organize; supervise, and coordinate a noxious weed control plan for Grand County.

Grand County encourages commercial and private weed control efforts where possible. The county weed control personnel will provide noxious weed control in areas where terrain, organizational problems, or special equipment requirements make it difficult for commercial or private control efforts to succeed.

Current weed control practices will be used including chemical, biological, cultural and mechanical methods.

ANNUAL COORDINATION MEETINGS The County Weed Board shall initiate Monthly coordination meetings each year. All organizations concerned with weed control should be invited to have a representative in attendance. The following agencies should be invited: Utah Department of Transportation, U.S. Forest Service, Utah Division of Wildlife Resources, Utah School and Institutional Trust Lands Administration, Utah Department of Agriculture and Food, Forestry, Fire & State lands and, Grand County Extension.

Grand County personnel from the Weed Department should be in attendance. Any other interested parties or citizens should be notified of these meetings through a notice in the Public Meeting Notice Web site.

The purpose of the monthly meetings will be to inventory and record current problem areas, discuss and record any new infestation5~ discuss effective weed control efforts, discuss any weed law vioiations, and enforcement, discuss and coordinate county priorities with the Cooperative Weed Management Area (CWMA) priorities, and plan and organize the year's weed control program.

A meeting shall be held in December to inform the weed Board of the activities of the Weed Department for the past weed season and to discuss possible county priorities for the CWMA the following year. The Annual Weed Progress Report should be presented and a summary of the results of the summers activities should be discussed.

WEED CONTROL SERVICE AREA Any individual, corporation, municipality, governmental agency, or organization owning, [easing, or controlling property within Grand County may request the services of the County Weed Department in accordance with weed control priorities established and approved by the Weed Board and the Grand County Council. All requests for agricultural crop spraying and residential yard and/or garden spraying will be referred to commercial applicators.

Property owners are encouraged to participate in the weed control process by locating, identifying and controlling specific infestations on their individual properties. The Weed Control Department reserves the right to schedule commercial application equipment when the County equipment is not available.

WEED CONTROL PRIORITIES 1. Control of noxious weeds or any plan~deemed a nuisance or hazard on county property and right of ways. 2. Control of noxious weeds on steams, drainage, and on non-crap-land areas such as rangeland, wet pastures, fence lines!, vacant land etc,

1 CATEGORIES OF WEEDS For the purpose of organizing and funding control programs, noxious and invading weeds are classified into four categories.

A-PRIORITY WEEDS Qualifications for this class include: Classified as noxious or invading; Less than 25 total acres in Grand County; Reasonable possibility for eradication; Accessible to spray equipment,

These weeds include: Vellow Starthistle, Squarrose Knapweed, Dalmatian Toadflax, VeliowToadflax, Black Henbane, Johnsongrass, St. Johns Wart, Oxeye Daisy and Sulfur Cinquefoil, Spotted Knapweed, Purple Loosestrife, Scotch Thistle, Musk Thistle, Medusahead, Dyer's Woad, Houndstounge, Poison Hemlock and Leafy Sprurge.

B-PRIORITY WEEDS Qualifications for this class include: Classified as noxious or invading; Poses significant threat to surrounding counties/states; Beyond expectation of eradication due to large acreage and/or poor access; still considered controllable with herbicide and/or biocontrol.

These weeds include, in order of priority:, Russian Knapweed, Perennial Pepperweed, Diffuse Knapweed, Hoary Cress (Whitetop), and Canada thistle.

C-PRIORITY WEEDS Qualifications for this class include: Weeds that are well beyond expectation of eradication or control because infestation is widespread throughout Grand County, Utah and neighboring states.

These weeds include: Field Bindweed, Quackgrass, Bermudagrass, Russian Olives, Saltcedar (Tamerix ssp,)

SPECIAL PROJECT WEEDS Under special circumstances Grand County Weed Department receives funding to do certain projects, In such circumstances, the Weed Department may subsidize a percentage of the project,

NOXIOUS WEED SEED RESTRICTIONS It shall be unlawful for any person, firm, or corporation to sell, offer, or expose for sale or distribute in the State of Utah any agricultural, vegetable, flower, tree and shrub seeds, or seeds for sprouting for seeding purposes which: Contain, either in part or in whole, any prohibited noxious weed seeds,

"Prohibited" noxious weed seeds are the seeds of any plant determined by Utah Commissioner of Agriculture and food to be injurious to public health, crops, livestock, land, or other property, (Utah Seed Law, R68-8)

2 WEED CONTROL FEE SCHEDULE The following charges will be effective for the 2013 spraying season. Services Fees

Spray time $52.00 per hour :

Travel Time $32.00 per hour

Mileage $0.70 per mile

Spray truck with spray rig $25.00 per hour

Tardon 22k $0.45 per ounce

Vanquish $0.45 per ounce ! 2,4-0 Amine $0.12 per ounce

Escort $10.00 per ounce

I • Curtail $0.40 per ounce

! .__ .-- Milestone $2.75 per ounce

Roundup Prof rodeo . $0.25 per ounce

!

Requests for services or contracts with Grand County Weed Department which, due to distance, terrain, or special personnel requirements, create expenses not anticipated in the above gUidelines, will be negotiated on an individual basis with the County Weed Supervisor and, if necessary, the County Executive.

PUBLICATION OF NOXIOUS SEED NOTICE Before May 1 of each year a general notice of the noxious weeds in the County must be posted in at least three public places in the County. The same notice must be published in a newspaper or other publication of general circulation within the County.

The following is a list of weeds declared noxious by the state Utah: Sermudagrass Yellow Starthistle Yellow Toadflax Field Bindweed (Morning Glory) Quackgrass Perennial Pepperweed (Tall Whitetop) Russian Knapweed Canada Thistle Squarrose Knapweed Dyer's Woad Diffuse Knapweed Johnsongrass Spotted Kmlpweed leafy Spurge Hoary Cress (Whitetop) Musk Thistle Medusahead Scotch Thistle Purple loosestrife Oxeye Daisy Houndstongue Sulfur Cinquefoil Black Henbane 3 St. Johnswort Dalmatian Toadflax Poison Hemlock Salt Cedar (Tamarisk)

The following weeds are declared noxious by Grand County: Russian olive NOTIFICATION OF PROPERTY OWNERS FAILING TO CONTROL WEEDS Property owners, or the person in possession of a piece of ground, may be given notice personally or by certified mall that the noxious weeds on their property must be controlled. The notice shall include the specific actions required to control weeds on the property and a specific time frame for completion. If no action is taken to remedy the situation, the property may be declared a public nuisance.

If the owner or person in possession of the property fails to take action to control the noxious weeds within five working days after the property is declared a public nuisance, the County Weed Department may, after reasonable notification, enter the property, without the consent of the person in control of the property and perform any work necessary to control the weeds. Any expense incurred by the County in controlling the noxious weeds is paid by the property owner or the person in possession of the property. These charges must be paid within 90 days after receipt of the charges, if not paid within 90 days after notice of the charges; the charges become a lien against the property and are collectible with the general property taxes.

ATTEST: ~":C~ Diana Carroll ene Ciarus Grand County Clerk/Auditor Chairman

Date

4

AGENDA SUMMARY GRAND COUNTY COUNCIL MEETING MAY 7, 2013 Agenda Item: T

TITLE: Approving Proposed Memorandum of Understanding Between the Bureau of Land Management and Grand County for Sharing a Microwave and Telecommunications Facility at the Emergency Operations Center

FISCAL IMPACT: None

PRESENTER(S): Consent Agenda Item

RECOMMENDATION: Prepared By: I move to approve the proposed memorandum of understanding between the Bureau of Land Management and Grand County for sharing a Grand County Emergency Manager microwave and telecommunications facility at the Emergency Operations Center pending legal review and authorize the Chair to sign all associated documents.

BACKGROUND: The BLM has built a fire station by Ken’s Lake reservoir and needs to be able to access radio communications. Instead of install a completely new system Grand County already has microwave services in the area that they FOR OFFICE USE ONLY: would be able to use. This will also allow Grand County Sheriff’s Office Attorney Review: dispatch to communicate with the BLM fire station.

TTACHMENT S A ( ): In progress Proposed MOU

Memorandum of Understanding Between The USDI Bureau of Land Management, Utah And Grand County, Utah

I. PURPOSE Grand County and the BLM are entering into this MOU to set the framework for sharing of telecommunications facilities, networks, equipment, technical personnel, and other resources within Grand County, Utah to minimize duplication of efforts, expenditures and to enhance intergovernmental cooperation.

II. BACKGROUND A. Representatives of Local, County, State and Federal Public Safety Agencies have recognized that radio system coverage and use within the state of Utah is inadequate. Furthermore, to provide radio service to all of these agencies on an individual agency basis is cost prohibitive and limited by resources such as radio frequencies and manpower. A cost effective and efficient radio system and other telecommunications networks can only be achieved by sharing resources at all levels and implementing new technologies on a shared basis.

B. Federal agencies are currently involved in the consolidation of communication resources in the state of Utah and have been directed by the Federal Communications Commission (FCC) to move to narrowband frequencies. This requires a total hardware replacement and illustrates the need to share resources among Federal, State and Local entities. The Information Resources Management (IRM) as defined in OMB Circular A-130, Management of Federal Information Resources (July 1994), and the National Performance Review, Re-engineering through Information Technology (1993), encourages the sharing of IRM resources to "identify additional opportunities and oversee follow-up on those opportunities for sharing information resources across agencies to improve program performance".

C. Federal, State and Local Public Safety Agencies within Utah have recognized that it is in their best interests to eliminate areas of duplication. By working together to better utilize personnel, technology, and administrative re-invention, opportunities to reduce expenditures, eliminate redundant functions and pool resources are possible.

III. OBJECTIVE

A. The objective of this MOU is to facilitate an agreement between BLM and Grand County, Utah to meet agency and public safety requirements through cost effective consolidation of radio technology.

IV. AUTHORITIES Federal Land Policy and Management Act of 1976 (FLPMA), 43 USC 1737, Sections 307(a) and (b).

Economy Act, 31 U.S.C. 1535.

V. SERVICES TO BE PERFORMED: Grand County:

• Provide Tower Space to mount up to one 4-foot diameter dish for Microwave Path from Grand Count EOC Center to the New Moab Interagency Fire Dispatch Center. • Provide Equipment Telecommunications Facility Room Space up to 10 RU for Aviat Microwave Equipment and DC Power Backup system. • Provide Telecommunications Facility space for circuit and equipment terminations at the EOC Center for a local provided DSL/Internet Service. This is to allow the BLM to gain connectivity for this Data Circuit on the BLM’s Microwave to Ken’s Lake, Dispatch Center. • Provide TI backhaul from the EOC Center to Bald Mesa for the needed BLM Radio system control, connectivity. • Notify BLM immediately in the event of an unexpected network failure or BLM related service restrictions that will cause outages to Ken’s Lake Dispatch Center. • Provide names and phone numbers of required points of contact.

BLM Will: • Notify Grand County EOC Center 24 hours in advance of scheduled maintenance and testing activities except during an emergency outage in which will notify the center ASAP before arriving at the facility. • Provide ongoing telecommunications support to include assistance and resources in the identification and resolution of all problems pertaining BLM’s connectivity. • BLM will share maintenance and replacement cost of equipment involved in this agreement in support of Grand County allowing Sharing of their equipment. • BLM will assume all Circuit and Equipment costs for all Data/Internet Networking into the EOC Center to be backhauled to Ken’s Lake on the BLM’s Microwave as needed for BLM Dispatching/Networking requirements. • Any extra costs to Grand County for the sharing of their network will be paid by the BLM. • BLM will provide all needed Equipment at Grand Counties EOC Center for connectivity from there Dispatching Console equipment to the BLM’s, Ken’s Lake Dispatch Center. This will provide additional support for Emergency and Law Enforcements Requirements and will provide the BLM after hour’s communications monitoring for Fire, Law

Enforcement, Field going Personnel, and Emergency Services, that will benefit both the BLM and Grand County Public Safety operations. • Allow connectivity on the BLM’s Microwave for Grand County’s access to the BLM Communications System covering Grand and San Juan Counties. This connectivity is to enhance communications, in support of Grand County’s Emergency and Law enforcement services. • Provide names and phone numbers of technical points of contact responsible for network support.

Specific accommodations to be provided by BLM are as follows:

A. Equipment:

BLM will provide all agency specific communications equipment to include, connecting cables and circuit terminating equipment between the agency and the provider

B. Support: BLM will have primary support responsibility for agency provided transport links (circuits and equipment).

VI. DEFINITIONS A. Telecommunications Facilities refers to computer rooms, communications closets, overhead/underground cable raceways, and mountaintop buildings and towers.

B. Network refers to voice, data, radio, or microwave networks.

C. Equipment refers to PBXs, channel banks, routers, hubs, bridges, radio base stations, repeaters, remote consoles, microwave equipment, and computer hardware and software.

VII. MANAGEMENT PLAN The following conditions will guide the access/exchange and development for exchanging and sharing of telecommunications facilities, networks, equipment, and technical personnel. This will be accomplished through coordination of scheduled construction, upgrading and maintenance of the telecommunications facilities, networks, and equipment.

1. The installation or maintenance of any circuit which utilizes the EOC as part of it path, which may or may not involve a service person to be on site at the EOC, must be approved in advance by Grand County. And any non-county service person performing such work on-site, must be scheduled in advance, provide an approved written work order upon arrival and be accompanied by an approved employee of Grand County, noting the Sheriff’s office as a contact.

2. Each agency will be responsible for the maintenance of their own equipment, unless specifically authorized. No agency representative shall adjust, maintain, or otherwise touch electronic equipment owned by another.

3. Each agency will be responsible for conducting good housekeeping practices and ensuring good operating procedures at all installations. Particular diligence and care will be required on joint occupancy sites.

4. During maintenance or repair of equipment by one party that would require the disruption of service, the scheduling of the disruption of service must be planned to occur outside critical use periods. All affected parties must be notified of planned disruptions of service.

5. All agencies will manage frequencies assigned to them. In accordance with FCC, NTIA, and agency regulations, an interagency radio frequency agreement will be required for frequencies being used.

VIII. SPECIAL TERMS AND CONDITIONS: Irreconcilable disputes will be resolved through joint decisions by Grand County Emergency Management and the BLM State Director.

This instrument in no way restricts the Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals.

NON-FUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing.

IX. TERMS OF AGREEMENT This agreement will become effective upon receipt of the last signature and will remain in force for five (5) years, or until terminated by either party upon a 60 day written notice to the others of the intent to terminate. The terms of this agreement may be renegotiated, canceled, extended, or renewed. Any participant may propose changes to this agreement during its term. Such changes will be in the form of an amendment and will become effective upon signature by all participants.

X. TECHNICAL CONTACTS: BLM Personnel

Stephen H Strate Salt Lake City, Utah 84101 BLM State Telecomm Mgr. (801) 539-4205 440 West 200 South Suite 600

Ryan Parsons Vance Cornelius BLM Utah State Office BLM Richfield Office 2370 South 2300 West 150 E. 900 N. Salt Lake City, Utah 84119 Richfield, Utah 84701 (801) 977-4386 (435) 896-1578

Marcus Brinkerhoff BLM Cedar City Office 176 E. D.L. Sargent Dr. Cedar City, Utah 84720 (435) 865-3033

Vance Anderson BLM Cedar City Office 176 E. D.L. Sargent Dr. Cedar City, Utah 84720 (435) 865-3055

Grand County Personnel

Corky Brewer Veronica Bullock Grand County Emergency Manager Grand County Sheriff’s Office 100 East 25 South 125 East Center Street Moab, Utah 84532 Moab, Utah 84532 (435) 259-8116 (435)220-0513

Steve White Matt Ceniceros Grand County Sheriff Grand County IT 100 East 25 South 125 East Center Street Moab, Utah 84532 Moab, Utah 84532 (435) 259-8115 (435)259-1393

XI. DEFINITIONS A. The Level of Service Agreement - is a site-specific agreement among users of a particular site which identifies who is responsible for maintenance and operation. This includes identifying roles and responsibilities, expectations, response times, and any other matters related to the operation of that site within the scope of the entire state radio system. It is the intent of this level of service agreement to pool resources while eliminating redundancy. XII. PAYMENT A. No funding will be provided under this agreement.

XIII. SPECIAL PROVISIONS A. No member or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this MOU, or to any benefit arising from it.

XIV. ADMINISTRATION A. This MOU shall be effective from the date of execution and remain in effect until mutually terminated. B. This MOU may be modified through mutual agreement among the participating agencies. Any modification made to this MOU shall be confirmed in writing prior to performance of the change. No agency is obligated to fund any changes not properly approved in advance.

Signatures:

Grand County Council Chair Stephen H Strate Utah/Wyoming BLM Communications Program Manager ______

Date: ______

Steve White Date: ______Grand County Sheriff

______

Date: ______