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HomeMy Public PortalAboutRES-CC-2007-17RESOLUTION # 17-2007 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL AND ANIMAL SHELTER SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB WHEREAS, Moab City, Utah ("City") and Grand County, Utah ("Grand County") have had discussions regarding the need for animal control and animal shelter services for Grand County; and WHEREAS, Moab City is able and willing to contract to provide animal control and animal shelter services for Grand County; and WHEREAS, Moab City and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; and WHEREAS, the Interlocal Agreement as to the provision of animal control and animal shelter services has been submitted to the Moab City Council and the Grand County Council, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 31st day of July, 2007. Signed: ST: ached Ellison City Recorder David L. Sakrison Mayor Resolution #17-2007 Page 1 of 1 w13 1 111J 0)), , . • • ji O 07-I03 INTERLOCAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL AND ANIMAL SHELTER SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Pursuant to the Interlocal Cooperation Act, Title 11-13-1 et seq. Utah Code Annotated, 1953, as amended, and for the mutual benefit of the citizens and inhabitants of Grand County, State of Utah, a body politic and corporation {hereinafter referred to as "COUNTY"} and of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation {hereinafter referred to as "CITY"), the COUNTY and the CITY hereby agree as follows: 1. Purpose. The purpose of this agreement is to provide for animal control and animal shelter services for the COUNTY. 2. Provision of Services. a. Animal Control Services. In consideration of payment as provided for herein, the CITY agrees to provide animal control services in the unincorporated area of Grand County, on a dispatched call basis. This agreement shall not cover the provision of animal control patrol services within any incorporated area of Grand County. b. Animal Shelter Services. In consideration of payment as provided for herein, the CITY agrees to provide animal shelter services for dogs and cats received from the unincorporated area of Grand County, on a per animal basis. 3. Payment for Animal Control Services. In exchange for the services outlined herein, the COUNTY agrees to pay the CITY for each animal control call within the unincorporated area of Grand County, within 30 days after submission of an invoice therefore, the following: a. The hourly wage of the CITY's highest paid Animal Control Officer, for time expended in responding to and dealing with the call, including time spent in court to testify on matters relating to COUNTY animal control cases. b. An additional payment equal to the percentage of base wages that the CITY pays for benefits for the animal control officers. c. An amount equal to the CITY's in -effect mileage rate for each mile traveled in performing the duties relating to this agreement. d. Any other expenditure for supplies, materials or services necessary for the performance of the duties required by this agreement. Interlocal Animal Control/Shelter Agreement -Grand County Page 1 of 3 INTERLOCAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL AND ANIMAL SHELTER SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB 4. Payment for Animal Shelter Services. In exchange for services outlined herein, the COUNTY agrees to pay the CITY for each animal that enters the Animal Shelter owned and operated by the CITY at an initial rate of $90 per animal received into the shelter from the unincorporated area of Grand County. CITY shall track all animals received into the Animal Shelter according to place of origin and shall submit a monthly invoice to COUNTY enumerating all dogs and cats received from the unincorporated area of Grand County. Said rate may be adjusted periodically by the City to reflect increases in the cost of providing the services outlined herein, provided that CITY shall prov' : otice of said increase in writing to COUNTY by October 1 prior to the Jan i ffective . e of the increase. Any single rate increase of greater than 10g a written consent of COUNTY. **COUNTY ADDED "OR DECRE 5. Administration of Agreement. This agreement shall be administered by an Oversight Committee, comprising the Council Administrator, the County Sheriff, the City Manager, and the Moab City Chief of Police. This committee will review this agreement as needed and coordinate administrative matters relevant to this agreement. 6 Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the CITY and the COUNTY shall exercise control over its respective property that is provided in fulfilling its obligations under this agreement. 7. Effectiveness and Duration of Agreement. This agreement shall become effective immediately upon its approval the County Council and City Council. This agreement shall remain in effect until 90 days after either party gives a notice of termination to the other party. 8. Executed copies of this agreement shall be filed with the Grand County Clerk and Moab City Recorder. Interlocal Animal Control/Shelter Agreement -Grand County Page 2 of 3 INTERLOCAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL AND ANIMAL SHELTER SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Dated this 31 °- day of , 2007. City of MoabPIL David L. Sakrison Mayor Attest: Rachel Eli ison City Recorder Grand County wis ouncil Chairperson Attest: '7)10/Lk ra,t,( . Diana Carroll Grand County Clerk Interlocal Animal Control/Shelter Agreement -Grand County Page 3 of 3 0 0 RESOLUTION # 20-2007 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF THE FORMATION OF A FILM COMMISION BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB WHEREAS, Moab City, Utah ("City") and Grand County, Utah ("Grand County") have had discussions regarding the need for film commission services for Grand County; and WHEREAS, Moab City is able and willing to contract to provide film commission services for Grand County; and WHEREAS, Moab City and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; and WHEREAS, the Interlocal Agreement as to the provision of film commission services has been submitted to the Moab City Council and the Grand County Council, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 4a' day of September, 2007. Signed: 9 Rachel Ellison City Recorder David L. Sakrison Mayor Resolution #20-2007 Page 1 of 1 U�- tom INTERLOCAL AGREEMENT FOR THE Pl . dISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Pursuant to the Interlocal Cooperation Act, Title 11-13-1 et seq. Utah Code Annotated, 1953, as amended, and for the mutual benefit of the citizens and inhabitants of Grand County, State of Utah, a body politic and corporation {hereinafter referred to as "COUNTY") and of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation {hereinafter referred to as "CITY"), the COUNTY and the CITY hereby agree as follows: 1. Purpose. The purpose of this agreement is to provide for film commission services for the COUNTY. 2. Provision of Services. The CITY shall hire a full-time film commission director and provide an office for film commission services. Film commission services include but are not limited to: 1. promoting the region as a film, television, and video location site; 2. working with local production companies to increase locally based film and video productions; 3. establishing and maintaining photo/video libraries, crew lists, location information, and other resources of value to the industry; 4. participating in regional, national and international industry gathering as a representative of the film industry here; and 5. participating in marketing efforts to promote filming in Utah and in particular filming in Moab and Grand County. 3. Payment for Film Commission Services. In exchange for the services outlined herein, the COUNTY agrees to pay the CITY one half of the annual operating costs of the film commission. The CITY shall submit a film commission budget to the COUNTY in September 2007 for the calendar beginning January 1, 2008. Following approval of the budget, the COUNTY shall contribute to the CITY one half of the total amount of the budgeted amount within 30 days of January 1, 2008. Each year thereafter for the life of this agreement, the CITY shall submit a film commission budget to the COUNTY in September for approval. The COUNTY shall submit to the CITY one half of the total budgeted amount within 30 days of the beginning of the ensuing calendar year. The CITY may request at any time that the COUNTY approve an amended budget. If the COUNTY approves such an amended budget the COUNTY shall within 30 days submit to the CITY (if the budget is increased) or receive from the CITY (if the budget is reduced) one half the total difference between the original budgeted amount and the amended budgeted amount. Film Commission ILA 08-20-07 1 INTERL KCAL AGREEMENT FOR THE PRO VISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB 4. Administration of Agreement. This agreement shall be administered by an Oversight Committee, comprising the Moab Area Travel Council Executive Director and the Moab City Manager. This committee will review this agreement as needed and coordinate administrative matters relevant to this agreement, including hiring of the Film Commission Director. 6. Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the CITY shall exercise control over all film commission property. 7. Effectiveness and Duration of Agreement. This agreement shall become effective immediately upon its approval by the County Council and City Council. This agreement shall remain in effect until 90 days after either party gives a written notice of termination to the other party. 8. Executed copies of this agreement shall be filed with the Grand County Clerk and Moab City Recorder. Dated this 4th day of September, 2007. C. , Moab David L. Sakrison Mayor Rachel Elli.z��x City Recorder Dated this 18th day of September, 2007. Grand County ewis Council Chairperson Attest: ThitaXaiwat Diana Carroll Grand County Clerk Film Commission ILA 08-20-07 2 RESOLUTION # 21-2007 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BY AND BETWEEN THE CITY OF MOAB AND GRAND COUNTY WHEREAS, the State of Utah has mandated a statewide election to coincide with the City's 2007 General Election; and WHEREAS, the State of Utah has mandated that all Counties provide election services for both the State and Municipal 2007 General Elections; and WHEREAS, Moab City and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 25th day of September, 2007. Signed: Rachel Ellison City Recorder David L. Sakrison Mayor Resolution #21-2007 Page 1 of 1 o o Moab City Contract No. is % — OLD County Contract No. INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF MOAB CITY RECORDER'S OFFICE AND GRAND COUNTY COUNTY CLERK ELECTION'S DIVISION THIS AGREEMENT is made and entered into the 4th day of September, 2007, by and between CITY OF MOAB ("City"), and GRAND COUNTY, a political subdivision of the State of Utah ("County"), on behalf of the GRAND COUNTY Clerk's Office, Elections Division. WITNESSETH: WHEREAS, the County desires to provide the services of its Clerk's office, Elections Division, to the City for the purpose of assisting the City in conducting the City's 2007 general municipal election; and WHEREAS, the City desires to engage the County for such services; NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained, the parties agree as follows: 1. County shall provide election services to the City commencing on the date this Agreement is executed, and terminating on January 1, 2008. The term of this Agreement may be extended by mutual agreement in writing signed by all parties. Either party may cancel this Agreement upon thirty (30) days written notice to the other party. Upon such cancellation, each party shall retain ownership of any property it owned prior to the date of this Agreement, and the City shall own any property it created or acquired pursuant to this Agreement. 2. The services to be provided by the GRAND COUNTY Clerk's Office, Elections Division shall be to assist the City in conducting its general municipal election to be held on Tuesday, November 6, 2007, which services shall include but are not limited to: A. Assist the City in establishing polling places for voting precincts. B. Provide voting equipment, ballot boxes, ballots, paraphernalia, and all other necessary supplies for each established polling place. 1 C. Select ana train poll workers and alternate poll workers as required by law for each polling place established. The City shall have final approval of the poll worker appointments. D. Provide the necessary voter registration lists for all polling locations. E. Provide the County tabulation equipment and the qualified and trained County personnel to operate the same. F. Provide the County computer equipment and necessary personnel to tabulate the votes. r= G. Provide the use of County security personnel for security during the ballot counting and tabulation process. H. Provide sufficient personnel to deliver, process, count and tabulate the` ballots on the night of the primary and general municipal elections. I. Distribute and process all absentee ballots. J. Distribute and process all provisional ballots. K. Prepare and deliver the election returns to the City of the votes cast at the general municipal election to enable the City to canvass the returns and declare the results. L. Such other services as required by the City to conduct its 2007 general municipal election. 3. The County and the City understand and agree that the 2007 general municipal election IS the City's election. The City shall be responsible for compliance with all legal requirements for these elections and shall direct the manner in which the elections are conducted. County agrees to work with the City in complying with all legal requirements for the conduct of these elections and conduct these elections pursuant to the direction of the City. The City, not the County, is responsible to resolve any and all election questions, problems, and legal issues that are within the City's statutory authority. 4. For such services, the City shall pay the County a fee to be determined and not to exceed $7,900.00. The items and rates are outlined in Exhibit "A," Schedule of Fees, attached to and by reference made a part of this Agreement. If the costs and expenses for conducting the elections increase to an excess of the amount, then the County and the City shall amend this Agreement to reflect the increase in the fee for a total not to exceed $7,900.00. In the case of a vote recount, election system audit, election contest, or similar event arising out of the City's election, the City shall pay the County's cost of responding to such events, based on a written invoice provided by the County for a total fee not to exceed $7,900.00. For such consideration, the County shall furnish all materials, labor and equipment to complete the requirements and conditions of this Agreement. 2 5. The City and the County are governmental entities and subject to the Governmental Immunity Act of Utah, Utah Code Ann. §§ 63-30d-1, et seq. ("Act"). Subject to the provisions of the Act, each of the City and County agree to indemnify and hold harmless the other party, its agents, officers and employees from and against any and all actions, claims, lawsuits, proceedings, liability damages, losses and expenses (including attorney's fees and costs) arising out of or resulting from the performance of this Agreement to the extent the same are caused by any negligent or wrongful act or omission of that party, its officers, agents and employees. Nothing in this Agreement shall be deemed a waiver of any rights, statutory limitations on liability, or defenses applicable to the City or the County under the Act. 6. If the Agreement is canceled by the City as provided herein, the City shall pay the County on the basis of the actual services satisfactorily performed according the terms of this Agreement and Exhibit "A." Upon cancellation of this Agreement, the County shall submit to the City an itemized statement for services rendered under this Agreement up to the time of cancellation and based upon the dollar amounts for materials, equipment and services set forth in Exhibit "A." 7. The County, as part of the consideration herein, shall comply with all applicable federal, state and county laws governing elections. 8. To the extent permitted by law, the City agrees to indemnify and hold County harmless, including providing legal defense costs on behalf of the County, as a result of any legal or administrative claim, action or proceeding brought against the County by any person or entity claiming that the County violated any state or federal law by providing election services under this Agreement. 9. In satisfaction of the requirements of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended ("Interlocal Act"), in connection with this Agreement, the City and the County (for purposes of this section, each a "party" and collectively the "parties") agree as follows: (a) This Agreement shall be approved by each party, pursuant to § 11-13-202.5 of the Interlocal Act; (b) This Agreement shall be reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each party, pursuant to Section 11-13-202.5 of the Interlocal Act ; (c) A duly executed original counterpart of the Agreement shall be filed with the keeper of records of each party, pursuant to § 11-13-209 of the Interlocal Act; (d) Each party shall be responsible for its own costs of any action done pursuant to this Agreement, and for any financing of such costs; and (e) No separate legal entity is created by the terms of this Agreement. To the extent that this Agreement requires administration other than as set forth herein, it shall be administered 3 by the City Recorder of the City and the County Clerk of the County, acting as a joint board. No real or personal property shall be acquired jointly by the parties as a result of this Agreement. To the extent that a party acquires, holds, and disposes of any real or personal property for use in the joint or cooperative undertaking contemplated by this Agreement, such party shall do so in the same manner that it deals with other property of such party. 10. This Agreement may be executed in counterparts by the City and the County. 11. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 12. This Agreement embodies the entire agreement between the parties and shall not be altered except in writing signed by both parties. 13. This Agreement must be approved the City Council through appropriate action, before it is effective. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SEAL] Attest: - Rachel Ellison, City Recorder CITY O OAB By Mayor ave Sakrison 4 ATTEST: Diana Carroll Grand County Clerk/Auditor Approved as to form and compliance with applicable law: G' ` D CO : TY ttorney Date: LC) — GRAND COUNTY By Grand '.unty Council Chair Jim Lpivis 5