AMERICAN FORK CITY COUNCIL JANUARY 23, 2018 REGULAR SESSION AGENDA

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1 AMERICAN FORK CITY COUNCIL JANUARY 23, 2018 REGULAR SESSION AGENDA REGULAR SESSION The American Fork City Council will meet in a regular session on Tuesday, January 23, 2018, in the American Fork City Hall, 31 North Church Street, commencing at 7:30 p.m. The agenda shall be as follows: 1. Pledge of Allegiance; prayer by Council Member Christiansen; roll call. 2. Twenty-minute public comment period - limited to two minutes per person. 3. Presentation of the HERO Award to Trevor Rigby and adopting a resolution declaring January 23, 2018, as Trevor Rigby day. 3. City Administrator's Report 4. Council Reports 5. Mayor's Report 6. State of the City address COMMON CONSENT AGENDA (Common Consent is that class of Council action that requires no further discussion or which is routine in nature. All items on the Common Consent Agenda are adopted by a single motion unless removed from the Common Consent Agenda.) 1. Approval of the January 2, 2018 special session minutes 2. Approval of the January 9, 2018 city council minutes ACTION ITEMS 1. Ratification of city payments (January 3, 2018 to January 16, 2018) and approval of purchase requests over $25, Review and action on appointments to Committees and Boards a. Planning Commission John Woffinden, term ends 2024 Geoff Dupaix, Alternate, term ends 2019 b. Library Board Ann Long, term ends 2021 David King, term ends Review and action on a Resolution establishing Continuity in Government in American Fork City. (Requested by Terilyn Lurker, Recorder) 4. Review and action on a resolution adopting a no-fault culinary water, pressurized irrigation, sanitary sewer, and storm water sewer failure claims program. (Requested by Terilyn Lurker, Recorder) 5. Review and action on the approval of the COPS Grant awarded to the American Fork Police Department. (Requested by Chief Falslev, Police) 6. Review and action on an ordinance amending Chapter of the city code regarding fire lane parking restrictions. (Requested by Chief Brems, Fire)

2 7. Review and action on an agreement with the American Fork Chamber of Commerce for the upcoming Steel Days Celebration and Concerts in the Park. (Requested by Terilyn Lurker, Recorder) 8. Consideration and action to enter into a closed session to discuss the character or professional competence of individuals, to discuss pending or reasonably imminent litigation, to discuss the purchase, lease or sale of real property, or to discuss other items described as allowed in Utah State Code , Adjournment Dated this 19 day of January, Terilyn Lurker City Recorder In accordance with the Americans with Disabilities Act, the City of American Fork will make reasonable accommodations to participate in the meeting. Requests for assistance can be made by contacting the City Recorder at at least 48 hours in advance of the meeting. The order of agenda items may be changed to accommodate the needs of the City Council, staff, and the public. January 23, P a g e

3 2.3 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Presentation of the HERO Award to Trevor Rigby and adopting a resolution declaring January 23, 2018, as Trevor Rigby Day. SUMMARY RECOMMENDATION Staff would recommend approval. BACKGROUND The city wishes to recognize members of the community who demonstrate outstanding determination, selfless service, and heroic efforts. The HERO award is being presented to Trevor Rigby for saving the life of his father on November 30, During a medical emergency, Trevor performed CPR until paramedics arrived and took over. It is proposed the city adopt a resolution declaring January 23, 2018, "Trevor Rigby Day." SUGGESTED MOTION I move to adopt the resolution declaring January 23, 2018, as Trevor Rigby Day. SUPPORTING DOCUMENTS Trevor Rigby Day (PDF) Packet Pg. 3

4 2.3.a RESOLUTION NO. A RESOLUTION RECOGNIZING TREVOR RIBGY AS AN AMERICAN FORK HERO FOR HIS DILIGENCE AND BRAVERY IN PROVIDING LIFE-SAVING EFFORTS ON HIS FATHER. Whereas, American Fork City wishes to recognize members of the community who demonstrate outstanding determination, selfless service, and heroic efforts; and Whereas, on November 30, 2017, Trevor Rigby performed CPR on his father until emergency personnel arrived; and Whereas, without those life-saving efforts his father would have passed away; and Whereas, Trevor Rigby exemplifies the traits, abilities and determination that inspire those around him; Now, therefore, I, Bradley J. Frost, Mayor of American Fork City, do hereby acknowledge the bravery of Trevor Rigby, affirm him as an American Fork HERO and declare January 23, 2018, to be Trevor Rigby Day in American Fork City, Utah. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of American Fork to be affixed this 23 day of January, ATTEST: City Recorder Terilyn Lurker Mayor Bradley J. Frost Attachment: Trevor Rigby Day (Trevor Rigby day) Terilyn Lurker City Recorder American Fork City 51 East Main St Packet Pg. 4

5 4.2 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on appointments to Committees and Boards. SUMMARY RECOMMENDATION Staff involved with the Planning Commission and with the Library Board would recommend approval. BACKGROUND Periodically, the City Council is asked to approve the appointment of citizens to various committees. Tonight the approvals would be for the Planning Commission and for the Library Board. The appointments are as follows: Planning Commission John Woffinden, term ends 2024 Geoff Dupaix, alternate, term ends 2019 Library Board Ann Long, term ends 2021 David King, term ends 2021 BUDGET IMPACT NA SUGGESTED MOTION I move to approve the appointments as presented. SUPPORTING DOCUMENTS Packet Pg. 5

6 4.3 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on a Resolution establishing Continuity in Government in American Fork City. SUMMARY RECOMMENDATION resolution. The City Recorder would recommend approval of this BACKGROUND The approval of this resolution would comply with State Law, UCA , and provide for the required leadership in the event of a State of Emergency where the Mayor is unavailable. This must be approved by July 1 of each year. The Mayor has asked that the following Council members, in order, succeed to the office of the Mayor to act as Emergency Interim Successor as the need and occasion may arise: Mayor Pro Tem Council Member Clark Taylor Council Member Robert Shelton Council Member Kevin Barnes BUDGET IMPACT NA SUGGESTED MOTION Move to adopt the Resolution establishing the Continuity in Government in American Fork City. SUPPORTING DOCUMENTS Continuity in Government (PDF) Packet Pg. 6

7 4.3.a RESOLUTION NO. A RESOLUTION PROVIDING FOR THE CONTINUITY OF GOVERNMENT PURSUANT TO THE PROVISIONS OF THE EMERGENCY INTERIM SUCCESSION ACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utah State Legislature has adopted the Emergency Interim Succession Act, found Title 53-2a-807, Utah Code Annotated (1953, as amended); and WHEREAS, Part 1 of said Act requires that each municipality in the State, including American Fork City ( the City ), provide for three (3) interim successors to the Mayor to exercise and carry out the powers, duties and responsibilities of said office during a state of emergency; and WHEREAS, American Fork City Council desires that the City comply with the mandates and spirit of said Act, and finds such compliance to be in the best interest, and to promote the health, safety and general welfare, of the City and its residents, guests, and businesses. NOW, THEREFORE, BE IT RESOLVED by the City Council of American Fork City as follows: (1) That the following terms shall be defined, for purposes of this Resolution as follows: (a) (b) (c) (d) Absent means not physically present or not able to be communicated with for 48 hours; Emergency Interim Successor means a person designated by this part to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable. Office includes local offices, the powers and duties of which are defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws. Place of governance means the physical location where the powers of an office are being excercised. Attachment: Continuity in Government (Continuity in Government ) (e) (f) Political Subdivision includes cities. Political Subdivision Officer means a person holding an office in a political subdivision. 1 Packet Pg. 7

8 4.3.a (g) Unavailable means absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions. (2) That the following members of the Governing Body of the City of American Fork shall, in the order set forth, succeed to the office of the Mayor to act as Emergency Interim Successor thereto as the need and occasion may arise: (a) (b) (c) Mayor Pro-tem Council Member Clark Taylor Council Member Robert Shelton Council Member Kevin Barnes (3) That the appointment(s) hereunder shall commence and be effective immediately; and shall continue until this Resolution is repealed, amended (as to persons named), or replaced with a new Resolution (which, by law, should occur on or before July 1 of each calendar year). (4) That an Emergency Interim Successor shall exercise and carry out the powers, duties and responsibilities of the office of Mayor until: (a) (b) Any vacancy in said office is filled in accordance with the applicable provisions of constitutional and statutory law; or The Mayor or an Emergency Interim Successor earlier in the order of succession (as established herein) becomes available to exercise and carry out the powers, duties and responsibilities of the office of Mayor. Passed by the City Council of the City of American Fork, Utah, this 23 day of January, Bradley J. Frost, Mayor Attachment: Continuity in Government (Continuity in Government ) ATTEST: Terilyn Lurker, City Recorder 2 Packet Pg. 8

9 4.4 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on a resolution adopting a No-Fault culinary water, pressurized irrigation, sanitary sewer, and storm water sewer failure claims program. SUMMARY RECOMMENDATION Staff would recommend approval. BACKGROUND This issue was discussed at previous work sessions. It is proposed the city adopt this program to assist residents in the event that a municipally owned utility line breaks or backs up and damages private property. This program would establish a standard of review for claims against the city in the event of a utility line break or back up. The resolution includes the cleanup of real and personal property and establishment of cleanup criteria, time limitations, qualifications for assistance, reduction in assistance, maximum payments, and an appeal process. BUDGET IMPACT SUGGESTED MOTION I move to approve the resolution adopting a no-fault culinary water, pressurized irrigation, sanitary sewer and storm water sewer failure claims program. SUPPORTING DOCUMENTS No Fault Sewer Claims Program Resolution Revised (PDF) Packet Pg. 9

10 4.4.a RESOLUTION NO. A RESOLUTION ADOPTING A NO-FAULT CULINARY WATER, PRESSURIZED IRRIGATION, SANITARY SEWER AND STORM WATER SEWER FAILURE CLAIMS PROGRAM FOR THE CITY OF AMERICAN FORK, UTAH. WHEREAS, American Fork City desires to establish a program to assist residents in the event that a municipally owned utility line breaks or backs up and damages private property, and WHEREAS, American Fork City desires to establish a standard of review for claims against the City in the event of a utility line break or back up, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of American Fork City, Utah County, Utah, as follows: No-Fault Culinary Water, Pressurized Irrigation, Sanitary Sewer and Storm Water Sewer Failure Claims Program The purpose of this program is to assist in the cleanup of real and personal property, and/or compensate persons for the loss of real or personal property, destroyed or damaged as the result of a break or back up of city culinary water, pressurized irrigation, sanitary sewer or storm sewer facilities, regardless of fault, within the restrictions, limitations and other provisions of this policy. Cleanup of Real and Personal Property: (A) The City s Public Works Director or designee may, in accordance with the City s standard procurement procedures, engage the services of one or more cleanup contractors to perform cleanup services at the direction of the Public Works Director or designee on an as-needed basis. (B) (C) (D) Upon discovering the break or back up described in this Policy, a property owner should immediately notify the City of such event. Upon notification of the occurrence of the event, the Public Works Director or designee may contact a cleanup contractor under contract with the City pursuant to subsection (A) above, and direct the cleanup contractor to perform all cleanup work at the premises, in accordance with established cleanup criteria. In the event the property owner engages the services of a cleanup contractor prior to notifying the Public Works Director or designee of the event, the City may reimburse the property owner for actual expenses incurred by the property owner, but only up to the amount the City would have paid its own cleanup contractor under subsection (C) above. Attachment: No Fault Sewer Claims Program Resolution Revised (No-Fault claims program.) Packet Pg. 10

11 4.4.a (E) (F) (G) In the event any real or personal property cannot, in the reasonable judgment of the City, be restored to its pre-event condition, in accordance with the cleanup criteria, the City may pay to the property owner the estimated fair market or actual cash value (not the replacement value) at the time of the event, of such real or personal property, with the exception that carpet and major appliances will be replaced with new likekind items. In no event will the City pay, or reimburse the property owner for the payment of special or consequential damages. City may determine, in its sole discretion, on a case-by-case basis as to whether it makes a payment under this program. Establishment of Cleanup Criteria: The Public Works Director or designee may, from time to time, establish cleanup criteria which will govern the City's potential cleanup and payment under this Policy. In establishing such cleanup criteria, the Public Works Director or designee may give due consideration to generally available health guidelines, recommendations from governmental and academic experts, and other sources of guidance reasonably deemed by the Public Works Director or designee to be balanced, unbiased, and protective of health and safety. Application - Time Limitations: Any request for reimbursement of cleanup expenses under this policy, or payment of fair market value, may be made by filing a written application in such form as prescribed by the City. Such application must be submitted to the City within ninety (90) days after the occurrence of the event. Qualification for Assistance: An application or request for assistance or payment under this Policy may qualify for consideration for payment through the program only if the City, after due inquiry or investigation, and after confirmation of the City s liability insurance carrier, makes an affirmative determination that the event was the result of a failure of City facilities, and that none of the following circumstances apply: (A) The loss was the result of a force majeure including but not limited to acts of God, acts of public enemies, insurrections, riots, war, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, civil disturbances, explosions, acts of terrorism, sabotage, or any other similar cause or event not reasonably within the City s control; Attachment: No Fault Sewer Claims Program Resolution Revised (No-Fault claims program.) (B) The loss was caused by either an act or omission of the property owner, the property owner's agent, or a member of the property owner's family or business; Packet Pg. 11

12 4.4.a (C) The property owner failed to file a claim hereunder in a timely manner, or failed to comply with any other procedural requirements of this Policy; (D) The loss is the result of intentional or negligent acts of third parties; or (E) The loss is wholly covered by private insurance. The City may pay at their discretion the deductible up to the level private insurance. Reduction in Assistance: The City may limit or deny any assistance, or reduce any payment, under this Policy based upon any of the following: (A) The property owner did not act responsibly to prevent, avoid or minimize the loss; (B) The property owner is unable to fully substantiate or document the extent of the loss; (C) The loss is wholly or partially covered by private insurance; (D) The City determines that a payment is not proper or is contrary to the City s interest. Maximum Payments: Without the express action of the City Council, no assistance or payment under this Policy may exceed any of the following: (A) Seven Thousand Five Hundred dollars ($7,500) per application or location; or (B) Forty- Five Thousand dollars ($45,000) per incident. Should a catastrophic event occur, the $45,000 per incident limitation will be prorated against all losses where assistance is requested unless additional funding is approved by the governing authority. Appeal: In the event a property owner s claim or request for assistance is denied by the Public Works Director or designee, the property owner may appeal the decision to the City Administrator. The notice of the appeal shall be in writing and shall be delivered to the City Recorder either in person or by certified U.S. mail. A notice of appeal must be filed within ten (10) days of the person s receipt of notice of denial of the claim. The City Administrator shall hear the appeal and issue a decision within fifteen (15) business days. Attachment: No Fault Sewer Claims Program Resolution Revised (No-Fault claims program.) Any appellant who is aggrieved by the decision of the City Administrator may file for relief with the City Council within ten (10) days of the City Administrator s decision. City Council shall hear the appeal as soon as the matter is practically placed on the City Council s agenda, which in Packet Pg. 12

13 4.4.a no case shall exceed forty-five (45) days. Any decision of the City Council may be made in writing (no later than ten (10) business days after the hearing) or may announce a decision in the public meeting. Payment Does Not Imply Liability: Any assistance or payment made under this Policy shall not be construed as, and does not imply, an admission of negligence or responsibility on the part of the City for any damage or loss. Any assistance or payment made under this Policy is strictly voluntary on the part of the City. This Policy shall not in any way supersede, change or abrogate the state government immunity act, Utah Code Annotated, section et seq., as amended, or its successor, and its application to the city, or establish in any person a right to sue the city under this Policy. Any assistance or payment made under this Policy and accepted shall constitute a full and complete release of any and all claims against the City, its officers, employees and agents arising from the incident. Payment shall not be released until a waiver of liability is executed by property owner. Budget Expenditures: The City authorizes a fund from which amounts may be drawn to make the foregoing assistance or payments. Such fund may be established from the ordinary rate structure of the City. Claims from Other Governmental Agencies: Notwithstanding any other provisions of this Policy, no application shall be accepted from the United States or any of its agencies, the State of Utah or any political subdivision. PASSED, APPROVED and ADOPTED by the City Council of American Fork City, Utah, this day of, ATTEST: Terilyn Lurker, City Recorder Bradley J. Frost, Mayor Attachment: No Fault Sewer Claims Program Resolution Revised (No-Fault claims program.) Packet Pg. 13

14 4.5 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on the approval of the COPS Grant awarded to the American Fork Police Department. SUMMARY RECOMMENDATION The Police Department and City Administration would recommend approval. BACKGROUND The American Fork Police Department has been awarded a grant by the United States Department of Justice Office of Community Policing Services (COPS) Hiring Program. This is a competitive grant application. The American Fork Police Department is one of three agencies in the State of Utah to successfully complete this process. This is due in large part to the department s successful implementation of Community Policing Principles and the attempts that have been made to establish a positive relationship with our community members. This program will be used to place an SRO at the American Fork Jr. High School. The grant provides $125,000 to partially fund the wages and benefits of the new SRO for the first three years of employment; the remaining amount will be covered by the City, but will not require a budget increase. According to the grant agreement, the City will assume responsibility to fund the officer s full wages and benefits in the fourth year. BUDGET IMPACT See background. SUGGESTED MOTION I move to approve the COPS Grant as awarded to the American Fork Police Department awarding federal funds over a three year period for $125,000 and authorize the Police Department to secure the vehicle and necessary equipment for the additional officer. SUPPORTING DOCUMENTS COPS Grant Award (PDF) COPS Grant Recommendation (PDF) Packet Pg. 14

15 4.5.a Administrator David Bunker American Fork, City of 75 East 80 North American Fork, UT Re: COPS Hiring Program Award #2017UMWX0081 ORI #UT02501 Dear Administrator Bunker: Congratulations! On behalf of Attorney General Jeff Sessions, I am pleased to inform you that the Office of Community Oriented Policing Services (COPS Office) has approved your agency for 1 officer positions under the 2017 COPS Hiring Program (CHP). The estimated amount of federal funds to be awarded to your jurisdiction over the three-year award period is $125, Your local cash match will be $91, Your agency may use CHP award funding to hire new officers or rehire officers who have been laid off or are scheduled to be laid off on a specific future date, as a result of local budget reductions, on or after the official award start date. Please note that any changes to the awarded hiring categories require an official review and approval by the COPS Office. To officially accept and begin your CHP award, your agency must access the COPS Office website at and select the Account Access link in the upper-right corner to log in, review, and electronically sign the Award Document (including Award Terms and Conditions) and any special conditions as applicable. Attachment: COPS Grant Award (COPS Grant) To electronically sign your Award Document, the appropriate Account Roles with E-Signature and User Permissions must be established and assigned in the COPS Office Agency Portal. The Agency Portal Instruction Manual, currently available on the COPS Office website at has been enhanced to include a Quick Step Guide. This guide will provide your agency with all of the information needed to successfully establish Account Roles and assign User Permissions in preparation to sign the Award Document, as well as manage many aspects of your CHP award online. Please review and follow these steps carefully as this is the only method for signing your Award Document. The CHP award start date is November 1, Therefore, your agency can be reimbursed for allowable and approved expenditures made on or after this date. Please be advised that some of your requested items may not have been approved by the COPS Office during the budget review process. When you receive your award package, please carefully review your Financial Clearance Memorandum (FCM) to determine your approved budget, as award funds may only be Packet Pg. 15

16 4.5.a used for approved items. The FCM will specify the final award amount and will identify any disallowed costs. We strongly encourage you to immediately visit CHP web page at and access a supplemental online award package that contains a variety of important and helpful documents that will assist you with the implementation of your award, including the 2016 CHP Award Owner s Manual, which specifies the programmatic and financial terms, conditions, and requirements of your award. Please print out a copy of your application and maintain it with your award file records. As a reminder, all positions awarded under CHP (or an equal number of veteran officers) must initiate or enhance community policing in accordance with the community policing strategy described within Section 6 of your application. If, for any reason, your agency finds that your community policing strategies have significantly changed from those outlined in your application (e.g., because you received fewer officers than originally requested and thus must alter the scope of your community policing strategies), please revise the strategy accordingly and submit it to the COPS Office for review and approval. As part of 2017 CHP, your agency will be required to submit quarterly Federal Financial Reports (SF-425) as well as quarterly program progress reports. CHP award recipients should be prepared to track and report CHP funding separately from other funding sources (including other COPS Office and federal awards) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of CHP funding and ensure that its use is consistent with the award terms and conditions. Also, please remember that CHP award recipients must retain all sworn officer positions funded under the 2017 CHP award for a minimum of 12 months following the 36-month federal funding period. The retained CHP-funded position(s) should be added to your law enforcement budget with state and/or local funds, over and above the number of locally-funded positions that would have existed in the absence of the award. In your 2017 CHP application, your agency was required to affirm that it plans to retain the additional officer positions funded following the expiration of the award, and to identify the planned sources of retention funding. If, during the life of the award, you have questions regarding the retention requirement or your retention funding sources, please contact the COPS Office for assistance. Attachment: COPS Grant Award (COPS Grant) We look forward to working with your agency in a productive partnership to further your community policing efforts. If you have any questions about your award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at Sincerely, Russell Washington Acting Director Packet Pg. 16

17 4.5.b 51 East Main, American Fork, UT Office (801) Fax (801) Memo To: Chief Falslev From: Kyle Maurer, Finance Director Date: January 17, 2018 RE: COPS Grant Fiscal Impact I have reviewed the financial information provided by Adam Ellison regarding the impact of the proposed COPS Officer. I was able to duplicate his salary and benefit calculations and believe they are correct. Benefit information assumes current contribution percentages. We had previously discussed the new vehicle and equipment the officer will need, and believe the information is reasonable based on previous vehicles and equipment purchased this year. There are current year savings in the fleet fund that can be utilized to purchase the needed equipment and vehicle. Overall, including the SRO payment from Alpine School District, this officer will be net positive to the City (excluding equipment) and I have a positive recommendation towards accepting this grant and the SRO payment offered by Alpine School District. If you have any questions or concerns, please feel free to contact me. Attachment: COPS Grant Recommendation (COPS Grant) Packet Pg. 17

18 4.5.b Attachment: COPS Grant Recommendation (COPS Grant) Packet Pg. 18

19 4.5.b Attachment: COPS Grant Recommendation (COPS Grant) Packet Pg. 19

20 4.6 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on an ordinance amending Chapter of the city code regarding fire lane parking restrictions. SUMMARY RECOMMENDATION The fire chief would recommend approval. BACKGROUND This was presented at the last work session. This ordinance cleans up the parking lane restrictions, removing specific locations. BUDGET IMPACT NA SUGGESTED MOTION I move to approve the ordinance amending Chapter of the city code regarding fire lane parking restrictions. SUPPORTING DOCUMENTS Fire Lane Amendment (PDF) Packet Pg. 20

21 Attachment: Fire Lane Amendment (Fire Lane Ordinance amendments) 4.6.a Packet Pg. 21

22 4.6.a Attachment: Fire Lane Amendment (Fire Lane Ordinance amendments) Packet Pg. 22

23 4.7 REQUEST FOR COUNCIL ACTION CITY OF AMERICAN FORK JANUARY 23, 2018 Department Recorder Director Approval Terilyn Lurker AGENDA ITEM Review and action on an agreement with the American Fork Chamber of Commerce for the upcoming Steel Days Celebration and Concerts in the Park. SUMMARY RECOMMENDATION Staff would recommend approval BACKGROUND At the January 16, 2018, work session there was a discussion with the Chamber of Commerce regarding the management of Steel Days Celebrations. From that discussion, the following agreement was prepared by legal. BUDGET IMPACT NA SUGGESTED MOTION I move to approve the agreement with the Chamber of Commerce for the management of Steel Days and Concerts in the Park. SUPPORTING DOCUMENTS Chamber Steel Days Agreement (PDF) Packet Pg. 23

24 4.7.a STEEL DAYS AND CONCERT IN THE PARK AGREEMENT This Agreement is made and entered into this day of January, 2018, by and between the City of American Fork, a municipal corporation of the State of Utah, with its principal offices located at 51 East Main Street, American Fork, Utah (hereinafter referred to as the City ) and the American Fork Chamber of Commerce, a Utah corporation with its principal offices located at 51 East Main Street, American Fork, Utah (hereinafter referred to as Chamber ). RECITALS Whereas, dating back to 1865 the American Fork community has held a local, family celebration where members of the community enjoy each other and celebrate together; Whereas, the American Fork community celebration has had numerous names over the years including Timber Day, Liberty Day, Poultry Day, and Steel Days; Whereas, Steel Days is a City tradition that allows its residents to share their talents, skills, and friendship with each other; Whereas, Steel Days is an opportunity for American Fork City s residents to celebrate their freedoms and the bounties of life; Whereas, the Steel Days celebration is part of the fabric that binds together American Fork City residents; Whereas, Steel Days is a treasure to the people of American Fork City; Whereas, City desires that Steel Days continue to be a successful community event; Whereas, managing and operating Steel Days puts a significant strain on City resources; Whereas, Chamber has the ability to gather and organize the resources necessary to manage and operate a successful Steel Days celebration that is true to the celebration s history while adapting to the changing times; and Whereas, City and Chamber desire to enter into this Agreement whereby City assigns to Chamber the responsibility for planning, organizing, managing, and running the Steel Days celebration. Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 24

25 4.7.a TERMS NOW, THEREFORE, in consideration of the mutual covenants of the parties as hereinafter set forth, the City and the Chamber mutually agree to the following: 1. Steel Days Events. 1.1 The Chamber agrees that it is responsible for and will include the following events in the Steel Days celebration: a) Tea with the Queen (in coordination with the Miss American Fork Committee), b) A.F. Symphony Concert (in coordination with the Timpanogos Arts Foundation), c) Baby Contest (in coordination with the Miss American Fork Committee), d) Art Show (in coordination with the Timpanogos Arts Foundation), e) Soap Box Derby (in coordination with City Rec. Dept.), f) Youth Dance (in coordination with A.F. High School/youth committee), g) Garden Tours, h) Movie in the Park (in coordination with City Rec. Dept.), i) Grand Parade, j) Picnic in the Park (including Business Expo and food trucks), k) Big Show, l) Steel Days Magazine/social media/website/other forms of marketing, m) City of Fun Carnival, n) Kickball Tournament (in coordination with the Rec. Dept.) o) Discount Swim Day (in coordination with the Rec. Dept.) p) Zumba (in coordination with the Rec. Dept.) q) Yoga (in coordination with the Rec. Dept.) 1.2 Chamber agrees that it will plan and operate the Steel Days events for which it is responsible in a high quality manner that is consistent with Steel Days tradition. 1.3 In addition to the events set forth in section 1.1 above, Chamber agrees that it will include in its marketing of Steel Days the following events: Car Show/Cruise and Steel Days 5k/10k race. These events are currently managed by other organizations. Although Chamber is not responsible to organize and operate these events, Chamber shall support such events as much as is reasonable and practical. Furthermore, if Chamber determines that it can operate these events more efficiently and successfully than the other organization(s), then Chamber reserves Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 25

26 4.7.a the right to organize and operate these events. Chamber agrees to provide City with up to four (4) pages of content in the Steel Days Magazine at no cost to City. 1.4 Chamber may include additional events in Steel Days as long as such events are consistent with the celebration s tradition of providing quality, family friendly events. 1.5 City shall be responsible for providing fireworks for Steel Days. The fireworks shall be operated under City s insurance policy. 1.6 Chamber shall also be responsible for planning, scheduling, and operating the Concert in the Park series. This event is unrelated to Steel Days, but takes place throughout the summer. 1.7 Chamber s responsibilities for the above events include, but are not limited to, the following: a) Implementing an event checklist and timeline, b) Timely sharing its event checklist and timeline with City Council, City staff, and other organizations as is reasonable and practical, and c) Ensuring that the identified events are scheduled, planned, marketed, and operated properly and consistent with City standards. 1.8 Chamber is responsible for assembling the Steel Days Committee. The Steel Days Committee may make recommendations to the Chamber and will assist the Chamber in completing Steel Days assignments. 1.9 Chamber shall be permitted to access, edit, modify, and operate the webpage the address steeldays@afcity.net, American Fork Steel Days Facebook page, and any other social media sites connected with Steel Days for purposes of advertising and promoting the Steel Days celebration. 2. Use of City Property Use of City property for events City will allow Chamber to use City property and facilities for events and meetings associated with Steel Days, including, but not limited to, Robinson Park for the carnival, Quail Cove for the Concert in the Park series, Art Dye Park, the City Library and the Recreation Center. Such use shall be consistent with facility usage in prior years for Steel Days and the Concert in the Park series. Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 26

27 4.7.a 3. Financials. 3.1 City agrees to contribute up to Twenty Thousand Dollars ($20,000) to the Chamber for the Steel Days Celebration. Additionally, City agrees to pay for, schedule, and manage the firework show associated with Steel Days. The City also agrees to provide manpower for Steel Days events as it has provided in the past as long as such providing of manpower does not cause the City to pay overtime. If City is required to pay overtime to its employees as a result of providing manpower for Steel Days, then City shall be compensated by Chamber for such overtime pursuant to the terms set forth herein. 3.2 Chamber shall be responsible for soliciting and obtaining sponsorships for Steel Days. 3.3 In the event that revenues from Steel Days exceeds expenses ( Profit ), then such Profit should be distributed as follows: a) Fifteen percent (15%) of the Profit shall be set aside in a rainy day fund. In the event that City takes over Steel Days in the future, then all money in the rainy day fund shall be transferred to City. b) The remaining eighty-five percent (85%) of Profit shall be divided equally (50/50) between City and Chamber. If the City receives the $20,000 it contributed to Steel Days and the amount it paid for the firework show from its fifty percent (50%) of the Profit, then Chamber shall receive one hundred percent (100%) of the remaining Profit. 3.4 Chamber shall reimburse City for overtime hours paid to City employees that were directly incurred as a result of Steel days. City is responsible to document overtime hours incurred for Steel Days. To qualify for reimbursement, Chamber must request the employee overtime hours and the City Administrator must approve the overtime hours. Reimbursement to the City of overtime hours is an expense of Steel Days and should be paid prior to determining the amount of any Profit from Steel Days. The Chamber s responsibility for City employee overtime hours shall not exceed Twelve Thousand Dollars ($12,000). If the expense of City employee overtime hours incurred as a direct result of Steel Days exceeds $12,000, then City and Chamber will negotiate who is responsible to pay for the additional overtime. Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 27

28 4.7.a 3.5 Chamber shall be responsible for accounting for all expenses and revenues associated with Steel Days. Such accounting shall have appropriate and typical documentation and controls to provide for an accurate accounting of Steel Days funds. Additionally, Chamber shall have appropriate controls to reasonably reduce the risk of fraud, theft, and loss. Upon request from City, Chamber shall provide City within ten (10) days of the request with an accounting of all Steel Days expenses and revenues. In the October immediately following the Steel Days celebration, Chamber shall provide an accounting to the City Council of all Steel Days expenses and revenues. At that time, there shall be a reconciliation and a payment of all funds owed to the City or Chamber from Steel days activities. 3.6 City shall be responsible for all expenses associated with the Miss American Fork Pageant and the parade float. 4. Indemnification and Insurance. 4.1 Chamber shall defend, indemnify and save harmless City and all its officers, agents and employees from all suits, actions or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, or persons or property on account of any negligent act or fault of Chamber, or any agent, employee, contractor or supplier in the execution or performance in connection with Steel Days Events, excluding those identified in Subsections 1.3 and 1.5, and the Concert in the Park series. City shall defend, indemnify and save harmless Chamber and all its officers, agents and employees from all suits, actions or other claims of any character, name and description brought for on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of City, or any agent, employee, contractor or supplier in the execution or performance in connection with the Fireworks. Chamber and City agree to maintain adequate insurance to provide for the above required indemnification. 4.2 Chamber shall obtain and pay for an umbrella insurance policy with policy limits up to at least Three Million Dollars ($3,000,000.00) to cover all Steel Days events except for the fireworks show. 4.3 City shall responsible for insurance coverage for the fireworks show. 5. Term of Agreement. 5.1 The term of this agreement shall commence on the date this Agreement is executed and shall be in effect for one (1) year from the date of execution by both Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 28

29 4.7.a 6. Cooperation. Parties. Provided however, that this Agreement shall automatically renew upon the termination date for five (5) additional one (1) year periods and upon the same conditions and terms as stated herein so long as City Council appropriates funds necessary to meet City s obligations under this Agreement. Said automatic renewals to be effective unless terminated by either of the Parties upon giving the other Party at least three (3) months written notice prior to the renewal date. City and Chamber agree to reasonably cooperate in all matters intended to effectuate the provisions of this Agreement, including but not limited to cooperation in the assignment of contracts as is necessary. 7. Miscellaneous Terms. 7.1 Termination. If either party fails to comply with a material term of this Agreement, the other party may terminate this Agreement on written notice to the non-compliant party. 7.2 Section Headings. The section headings in this Agreement are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. 7.3 Assignment. This Agreement may not be assigned by either party without the express written consent of the other party. 7.4 Severability. The illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the remainder of this Agreement. 7.5 Governing Law. This Agreement shall be governed by, construed and interpreted under the laws of the State of Utah. 7.6 Attorney Fees. The substantially prevailing party in any legal claim arising under this Agreement shall be entitled to its reasonable attorney s fees and court costs, including appeals. 7.7 Authorization. Each of the undersigned parties represents that he or she is authorized to enter into this Agreement on behalf of the parties. Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 29

30 4.7.a 7.8 Entire Agreement. This Agreement contains the entire understanding of the Parties and supersedes any prior agreement. 7.9 Amendment. This Agreement may not be amended, altered, or modified except by writing executed by the Parties. SIGNED AND ENTERED INTO THIS DAY OF JANUARY, American Fork Chamber of Commerce By: Its: City of American Fork Bradley J. Frost Mayor ATTEST: City Recorder Attachment: Chamber Steel Days Agreement (Chamber of Commerce - Steel Days and Concerts in the Park) Packet Pg. 30