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HomeMy Public PortalAboutILA-GC-TRAN-2014INTERLOCAL AGREEMENT BETWEEN GRAND COUNTY AND MOAB CITY FOR THE TRANSFER OF TRAIL GRANT FUNDS This Interlocal Agreement for the Transfer of Trail Grant Funds ("Agreement") is made and entered into this day by and between the CITY OF MOAB ("City"), a municipal corporation, and GRAND COUNTY ("County") a political subdivision of the state of Utah. RECITALS WHEREAS, the Interlocal Cooperation Act (Utah Code Annotated § 11-13-101 et seq.) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, Trail Mix is a committee organized by the County and created by resolution, that performs trail construction and maintenance services within the County and seeks and obtains grant funding for this purpose; and WHEREAS, Trail Mix operates under the auspices of the County; and WHEREAS, the Utah State Division of Parks and Recreation administers a trail grant program called Recreational Trails Program ("RTP"); and WHEREAS, through a cooperative effort, the City and Trail Mix obtained a $12,500 grant ("Grant") through the RTP; and WHEREAS, said grant funds were awarded to and received by the City; and WHEREAS, the City obtained approval from the Utah State Division of Parks and Recreation to use the grant funds for the Moab Eastside ("Prospector"), Klondike and South Klondike ("Klonzo") trails; and WHEREAS, Trail Mix coordinated and constructed twenty additional miles of trails in the Klondike and Klonzo area, in addition to providing volunteers for portions of the Prospector trail; and WHEREAS, the City desires to reimburse the County for its expenditures and volunteer work to construct said trails, using RTP grant funds; and WHEREAS, the building of the Prospector, Klondike and Klonzo trails is in the Grand County Non -motorized Trails Master Plan that was adopted by the City and County in 2011; and WHEREAS, the trails serve both City and County residents, along with visitors; and WHEREAS, the trails help produce economic, recreational, transportation, and fitness benefits; and WHEREAS, the parties wish to define their relative duties and obligations with respect to the transfer of RTP Grant funds to the County from the City as contemplated by this Agreement. NOW, THEREFORE, the parties enter into the following Agreement: AGREEMENT 1. Purpose: The purpose of this agreement is to transfer City trail funds that came from the RTP Grant that is administered by the State Division of Parks and Recreation, to reimburse the County for assisting in the construction of the Prospector Trail, and Klondike and Klonzo Singletrack Trails. 2. Transfer of RTF Grant Funds a. The City agrees to transfer Twelve Thousand Five Hundred Dollars ($12,500) to the County within thirty (30) days of its receipt of an invoice for said amount from the County. b. The County agrees to transfer the Twelve Thousand Five Hundred Dollars $12,500 to the Canyonlands Natural History Association ("CNHA") Trail Mix account within ten (10) days of receipt of the funds from the City. The purpose of these funds is to reimburse Trail Mix for expenses incurred in constructing the Klondike and Klonzo Trails. 3. Liability and Maintenance: The City has assumed no liability for the trails referenced in this Agreement. The County, through Trail Mix, is responsible for maintaining the completed portions of the Klondike, Klonzo and Prospector singletrack trails and, pursuant to section 11-13-207 Utah Code Ann,- shall exercise control over its property. Nothing in this Agreement should be interpreted as a grant of authority to the City regarding the maintenance or control of the trails. 4. Administration of Agreement: This Agreement does not create an interlocal entity separate and distinct from each party, respectively, but does provide for joint and cooperative action as contemplated herein. It is not intended that the parties will jointly own real or personal property as a result of this Agreement. The parties agree that the City Manager and the County Council Administrator shall jointly administer this Agreement. 5. Effective Date and Duration of Agreement: This Agreement shall become effective immediately upon its approval by each party's governing body, the execution of the agreement by the appropriate officials and the filing with the parties' respective record keepers. This Agreement shall remain in effect for one year, or until 30 days until after all obligations under this Agreement are met, whichever is earlier. This Agreement shall terminate automatically upon the expiration of the term specified herein. 6. Miscellaneous. The following provisions are an integral part of this Agreement a. Severability. The provisions of this Agreement are severable and should any provision be void, voidable, unenforceable or invalid, such provision shall not affect the remaining provisions of this Agreement. b. Entire Agreement and Amendment. With respect to the subject matter of this Agreement, this Agreement and other documents and instruments identified or contemplated by this Agreement constitute the parties' entire agreement, and may not be altered, modified or amended except by written agreement signed by all parties. All prior and contemporaneous agreements, arrangements and understandings between the parties respecting the subject matter of this Agreement are hereby superseded and rescinded. c. Interpretation. This Agreement shall be interpreted, construed and enforced according to the substantive laws of the State of Utah. Any dispute arising out of this Agreement, or the breach thereof, shall be brought in the District Court of Grand County, Utah, the parties expressly consenting to jurisdiction and venue in that district and county. d. Agreement Not to be Construed Against Any Party. The parties to this Agreement agree that each of them has reviewed and/or participated in the drafting of this Agreement, with the assistance of counsel as desired, and therefore the wording of this Agreement shall not be construed against any party hereto as the drafter. SIGNED AND DATED this a$ day of 7a,11_, 2014. ATTEST: CITY (yp` v1OAB, UTAH Rachel E. Stenta, City Recorder David L. Sakrison, Mayor SIGNED AND DATED this de day of , 2014. GRAND COUNTY COUNCIL A. Lynn ,._ Jac sn Chair ATTEST: ID) a;tiCeuFA Diana Carroll County Clerk/Auditor