City Council Agendas & Minutes

FRUIT HEIGHTS CITY COUNCIL MEETING AGENDA Notice is hereby given that the Fruit Heights City Council will hold a regular meeting at 7:00pm on April 22, 2025, at Fruit Heights City Hall, 910 South Mountain Road Fruit Heights City Utah. Fruit Heights City is now streaming City Council Meetings on its YouTube Channel. Please follow us at https://www.youtube.com/@fruitheightscity9716/streams 1. CALL TO ORDER: Mayor John Pohlman 1.1 Pledge of Allegiance (Mark) 1.2 Prayer or Thought (Shon) 1.3 Roll call (Hailee) 1.4 Training- Natural gas coming into the home given by Mary Monson CCC/Emergency Preparedness Committee 2. DECLARATION OF CONFLICT(S) OF INTEREST 3. PUBLIC COMMENT PERIOD The public may address the City Council regarding issues that are or are not on the agenda. Please limit comments to 3 minutes. Please state your name and address of residence for the record. No actions may be taken on items not specifically listed on the agenda. 4. PRESENTATIONS 5. DISCUSSION ITEMS Discussion items to be considered. 5.1 Public Hearing RE: Ordinance # 2025-02 Title 2A Chapter 3 Election and Qualification 5.2 Interlocal Cooperation Agreement for Municipal Election Services with Davis County 5.3 Approval of 2025 Polling Location and Vote Centers for Municipal Primary and General Elections 5.4 Budget 6. ACTION ITEMS 6.1 Approve/Deny Ordinance # 2025-02 Title 2A Chapter 3 Election and Qualification 6.2 Approve/Deny Interlocal Cooperation Agreement for Municipal Election Services with Davis County 6.3 Approve/Deny Approval of 2025 Polling Location and Vote Centers for Municipal Primary and General Elections 6.4 Approve April 8, 2025, City Council Minutes 7. TABLED ITEMS 8. CALENDAR ITEMS 8.1 April 29, 2025, Planning Commission Meeting 8.2 May 6, 2025, City Council Meeting (Public Hearing for Tentative Budget FY 2025-2026) 8.3 May 17, 2025, YCC, Schools Out Otter Pops Party 9. PAST DICUSSION ITEMS 10. COUNCIL REPORT 11. MAYOR REPORT 12. STAFF REPORT 13. CLOSED SESSION The City Council may vote to discuss matters in a closed session for reasons allowed by law, including, but not limited to, the provisions of Utah Code § 52-4-205 of the Open and Public Meetings Act, and for attorney-client matters that are privileged pursuant to Utah Code § 78B- 1-137. 14. ADJOURNMENT CERTIFICATE OF POSTING I HEREBY CERTIFY that this notice and agenda was posted at Fruit Heights City Hall, on the City’s website, www.fruitheightscity.com, as well as posted on the Utah State Public Notice website in accordance with the requirements of the Utah Open and Public Meetings Act, including, but not limited to, provisions of Utah Code § 52-4-202. Hailee Ballingham Hailee Ballingham - Deputy Recorder In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should contact the Fruit Heights City Manager, Darren Frandsen at (801)546-0861 at least 24 hours prior to the meeting. Helpful Links. Fruit Heights City Website: https://www.fruitheightscity.com/ Fruit Heights City YouTube Channel: https://www.youtube.com/channel/UCaIqHYd0U5RCpaDo8rquABw Fruit Heights City Facebook Page: https://www.facebook.com/FruitHeightsCityGovernment CHAPTER 2A-03. ELECTION AND QUALIFICATION 2A-03-010. Elections 2A-03-020. Declaration Of Candidacy 2A-03-030. Nomination Petition 2A-03-040. Residency And Registered Voter Requirements 2A-03-050. Term Of Office 2A-03-060. Vacancies 2A-03-070. Oath Of Office 2A-03-080. Bond 2A-03-090. Salaries 2A-03-100. Transfer Of Records 2A-03-110. Campaign Finance Statement 2A-03-120. Ethics Act 2A-03-130. Political Activities 2A-03-010. Elections. Consistent with the provisions of Utah Code Annotated Section 20A-1-202, as amended, the offices of mayor and council member shall be filled by election of the registered voters of Fruit Heights City in an at large municipal election held on the Tuesday after the first Monday in November in odd numbered years. Municipal elections for the offices of mayor or council member shall be conducted in the manner provided in the Utah election code, set forth in Utah Code Annotated title 20A, and applicable provisions of Utah Code Annotated Section 10-3-201 et seq., as amended. 2A-03-020. Declaration Of Candidacy. Any eligible and qualified person desiring to run for the elected municipal offices of mayor or council member shall file a declaration of candidacy with the city recorder in accordance with the filing requirements set forth in Utah Code Annotated title 20A, chapter 9. 2A-03-030. Nomination Petition. Any resident of the city may nominate a candidate for elected municipal office by filing a nomination petition with the city recorder in accordance with the filing requirements set forth in Utah Code Annotated title 20A, chapter 9. 2A-03-040. Residency and Registered Voter Requirements. Persons eligible to file a declaration of candidacy or to be nominated for the elected office of mayor or council member shall be a registered voter of Fruit Heights City, shall have resided in Fruit Heights City for the twelve (12) consecutive months immediately before the date of the election, and shall meet the residency and filing requirements of Utah Code Annotated Section 20A-9-203, as amended. Pursuant to Utah Code Annotated Section 10-3-301, as amended, each person elected to the office of mayor or council member shall maintain residency within the boundaries of the city during his or her term of office. If a person elected to the office of mayor or council member establishes his or her principal place of residence outside the municipality during his or her term of office, the office is automatically vacant. If a person elected to the office of mayor or council member is absent from the city anytime during his or her term of office for a continuous period of more than sixty (60) days without the consent of the city council, that person's elected office is automatically vacant. 2A-03-050 Term of Office. Persons elected to the office of mayor or council member shall begin their term of office at twelve o'clock (12:00) noon on the first Monday in January following their election, and shall continue in office for four (4) years thereafter and until their respective successors are chosen and qualified, except in case of death, resignation, removal or disqualification from office. 2A-03-060. Vacancies. Vacancies in the offices of mayor or council member shall be filled in accordance with the provisions of Utah Code Annotated Section 20A-1-510, as amended. 2A-03-070. Oath of Office. (a) Required: All elected officials shall take, subscribe and file the constitutional oath of office before entering upon the duties of their respective offices. Elected officials shall take their oath of office at twelve o'clock (12:00) noon on the first Monday in January following their election or as soon thereafter as is practical. (b) Administered: The oath of office shall be administered by the city recorder, any judge or any notary public. (c) Filed: All oaths of office shall be filed with the city recorder. (d) Failure To Comply: No official act of any officer shall be invalid for the reason that he or she failed to take the oath of office. 2A-03-080. Bond. (a) Required: Elected officers of the city before taking office shall execute a bond with good and sufficient sureties payable to the city or shall be included within public employee blanket bonds, in the amount of not less than ten thousand dollars ($10,000.00), conditioned for the faithful performance of the duties of the respective officers and the payment of all monies received by such officer according to the law and the ordinances of Fruit Heights City. (b) Approval: The bonds of council members shall be approved by the mayor, and the bond of the mayor shall be approved by the city council, at the first meeting of the city council in January following a municipal election. All bonds of elected officers shall be filed with the city recorder. (c) Premium Charge: The premium charge by a corporate surety for any official bond shall be paid by Fruit Heights City. (d) Additional Bonds: The city council may at any time require further and additional bonds of any elected officers of the city. 2A-03-090. Salaries. Elected officers shall receive such compensation for their services as the city council may fix or amend by ordinance in accordance with the notice and hearing requirements set forth in Utah Code Annotated Section 10-3-818, as amended. The compensation of elected officers shall be paid at least monthly. City staff, as part of the regular budget process, may review the appropriateness of the compensation received by the mayor and city council members and recommend adjustments thereto as deemed appropriate, taking into consideration the impact of inflation, consumer price index and the compensation of elected officials in nearby cities of similar size. 2A-03-100. Transfer of Records. Every officer of the city upon expiration of his or her term for any cause whatsoever shall deliver to the city recorder all books and records which may be the property of the city. 2A-03-110. Campaign Finance Statement. (a) Statement Required: Each candidate for municipal office shall file with the city recorder a campaign finance statement disclosing his or her itemized and total campaign contributions and expenditures in accordance with the procedures and requirements set forth herein and in Utah Code Annotated Section 10-3-208, as amended. (b) Time For Filing: Each candidate for municipal office who is eliminated at a municipal primary election shall file with the city recorder a campaign finance statement no later than thirty (30) days after the date of the municipal primary election. Each candidate for municipal office who is not eliminated at a municipal primary election shall file with the city recorder a campaign finance statement no later than seven (7) days before the date of the municipal general election and another campaign finance statement no later than thirty (30) days after the date of the municipal general election. A campaign finance statement required under this Section is considered filed if it is received in the city recorder's office by five o'clock (5:00) P.M. on the date that it is due. (c) Definitions: For purposes of this Section, the following words shall have the meanings set forth: CONTRIBUTION: All monies, in-kind contributions and contributions of tangible things given to the candidate or to the organization(s) representing the candidate, for the purpose of enhancing the candidate's campaign. EXPENDITURE: The monetary, in-kind payment or payment of tangible things to any person or entity, by the candidate's campaign. REPORTING DATE: Ten (10) days before a municipal general election (for a campaign finance statement required to be filed no later than 7 days before a municipal general election) and the day of filing (for a campaign finance statement required to be filed no later than 30 days after a municipal primary or general election). REPORTING LIMIT: Any contribution or expenditure in an amount equal to fifty dollars ($50.00) or more. (d) Campaign Finance Statement: Except as provided in subsection E of this Section, each campaign finance statement shall: (1) Report all of the candidate's itemized and total campaign contributions, including in-kind and other nonmonetary contributions received before the close of the reporting date, and for each contribution that exceeds the reporting limit, identify the name and address of the donor, the date the contribution was received, and the amount of the contribution or the estimated value and type of the in-kind contribution; (2) Report all of the candidate's itemized and total campaign expenditures made through the close of the reporting date, and for each expenditure that exceeds the reporting limit, identify the name of the recipient of the expenditure, and the date, purpose and amount of the expenditure; and (3) Report the aggregate summary of the total campaign contributions and expenditures received or made to date, i.e., totals from previous reports and the current report. (e) Alternative Statement: If the candidate receives five hundred dollars ($500.00) or less in campaign contributions and spends five hundred dollars ($500.00) or less on the candidate's campaign, the candidate shall be required to merely report the total amount of all campaign contributions and expenditures.  (f) Notice To Candidates: The city recorder shall, at the time a candidate for municipal office files a declaration of candidacy with the city, and again fourteen (14) days before each municipal general election, notify the candidate in writing of: (1) The provisions of state statutes and city ordinances governing the disclosure of campaign contributions and expenditures; (2) The dates when the candidate's campaign finance statement is required to be filed; and (3) The penalties that apply for failure to file a timely campaign finance statement, including the statutory provisions that require removal of the candidate's name from the ballot for failure to file the required campaign finance statement when required. (g) Failure To File: Except as provided in subsection H of this Section, if a candidate fails to file a campaign finance statement in accordance with the provisions of this Section and applicable provisions of state law, the city recorder shall inform the appropriate election official who shall, if practical, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters; or if removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that the votes cast for the candidate will not be counted. (h) Inadvertent Omissions: Notwithstanding subsection G of this Section, a candidate who timely files a campaign finance statement seven (7) days before a municipal general election is not disqualified if: 1) the statement details accurately and completely the information required herein, except for inadvertent omissions or insignificant errors or inaccuracies; and 2) the omissions, errors or inaccuracies are corrected in an amended report or in the next scheduled report. (i) Public Records: Financial disclosure reports filed pursuant to this Section are considered public documents open to inspection in accordance with Utah Code Annotated Section 10-3-208, as amended, and the Utah government records access and management act, as amended. The city recorder shall make each campaign finance statement filed by a candidate available for public inspection and copying and post an electronic copy of the same in accordance with applicable provisions of Utah Code Annotated Section 10-3-208(5), as amended. 2A-03-120. Ethics Act. All elected officers shall comply with the provisions, conditions and requirements of the Utah municipal officers' and employees' ethics act as set forth in Utah Code Annotated Section 10-3-1301 et seq., as amended. 2A-03-130. Political Activities. (a) Officers: Municipal officers shall comply with and be subject to the political activities provisions of Utah Code Annotated Section 10-3-1108, as amended. (b) City: The city shall comply with the terms and conditions of the political activities provisions of Utah Code Annotated Section 10-3-1108, as amended. Pursuant to the political activities of public entities act, as set forth in Utah Code Annotated Section 20A-11-1201 et seq., as amended, unless specifically required by law, the city may not make expenditures from public funds for political purposes or to influence a ballot proposition.  FRUIT HEIGHTS CITY ORDINANCE NO. 2025-02 AN ORDINANCE OF THE FRUIT HEIGHTS CITY COUNCIL REPEALING CHAPTER 2A-03 OF THE FRUIT HEIGHTS CITY MUNICIPAL CODE RELATING TO ELECTIONS AND ADOPTING THE PROVISIONS OF A NEW CHAPTER 2A-03 RELATING TO ELECTIONS. WHEREAS, the City Council of the Fruit Heights has reviewed provisions of Chapter 2A- 03 of the current City Code relating to elections and finds that public interest will be served by updating the City Code; and WHEREAS, the City Council previously elected to select candidates for municipal office through a caucus and convention system; and WHEREAS, the City Council desires to replace the caucus and convention system with the more widely used primary system; and WHEREAS, the City Council has held a public hearing and has determined that the proposed adoption of Chapter 2A-03 will serve the public interest; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fruit Heights, Utah as follows: Section 1. Repeal. Chapter 2A-03 of the Fruit Heights Municipal Code is hereby repealed in its entirety. Section 2. Adoption and Codification. Chapter 2A-03 of the Fruit Heights Municipal Code as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference, is hereby adopted and codified. Section 3. Effect of Adoption. By adopting this ordinance, the City hereby changes the process for municipal elections from caucus and convention to a primary, in line with most other cities throughout the State of Utah. Section 4. Severability. If any section, part or provision of this ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this ordinance, and all sections, parts and provisions of this ordinance shall be severable. Section 5. Effective Date. This ordinance, for the protection of public health, safety and welfare, shall be effective immediately upon its passage.  PASSED AND APPROVED this __ day of March, 2025. FRUIT HEIGHTS CITY COUNCIL ATTEST: _________________________________ By:____________________________________ City Recorder John Pohlman, Mayor [SEAL] VOTING: Gary Anderson Yea Nay ___ Shon Stevenson Yea Nay ___ Eileen Moss Yea Nay ___ Mark Cottrell Yea Nay ___ Florence Sadler Yea Nay ___ John Pohlman Yea Nay ___ ATTEST: _____________________________ Darren Frandsen, City Recorder DEPOSITED in the office of the City Recorder this __ day of March, 2025. RECORDED this __ day of March, 2025.  County Clerk Davis County Administration Building - P.O. Box 618 - Farmington Utah 84025 Telephone: (801) 451-3213 – Fax: (801) 451-3421 Brian McKenzie, CERA Clerk Approval of 2025 Polling Location and Vote Centers In accordance with 20A-5-403 the following has been designated a polling place for the 2025 Municipal Primary and General Elections for Fruit Heights City and is established as a common polling place for all voting precincts within this city in accordance with 20A-5-303. (910 S Mountain Road Fruit Heights UT 84037) In addition, and in accordance with 20A-3a-703, the following are designated as Election Day voting centers, so long as the cities in which these buildings are located, are required to hold an election. Bountiful Library 725 South Main Street, Bountiful Centerville Library 45 South 400 West, Centerville Clearfield City Hall 55 South State Street, Clearfield Clinton Recreation Center 1651 West 2300 North, Clinton Farmington Community Center 120 South Main Street, Farmington Fruit Heights City Hall 910 South Mountain Road, Fruit Heights Kaysville Library 215 North Fairfield Road, Kaysville Davis Conference Center 1651 North 700 West, Layton City of North Salt Lake City Hall 10 East Center Street, North Salt Lake South Weber Family Activity Center 1181 Lester Drive, South Weber Sunset City Hall 200 West 1300 North, Sunset Syracuse Library 1875 South 2000 West, Syracuse West Bountiful City Hall 550 North 800 West, West Bountiful West Point City Hall 3200 West 300 North, West Point Woods Cross City Hall 1555 South 800 West, Woods Cross  INTERLOCAL COOPERATION AGREEMENT FOR MUNICIPAL ELECTION SERVICES This Interlocal Cooperation Agreement for Municipal Election Services is made and entered into by and between DAVIS COUNTY, a body corporate and politic of the state of Utah, hereinafter referred to as “County,” and Fruit Heights City, a municipal corporation of the state of Utah, hereinafter referred to as “City.” County and City may be referred to collectively as the “Parties” herein or individually as a “Party” herein. WITNESSETH: WHEREAS, pursuant to Sections 20A-1-201.5 and 20A-1-202, Utah Code Ann. (1953) as amended, City is authorized and required to hold municipal elections in each odd-numbered year; WHEREAS, County has equipment and resources needed to carry out an election and is willing to make available the resources and equipment to assist City in holding its municipal primary and general elections in 2025 upon the following terms and conditions; and WHEREAS, the Parties are authorized by the Utah Interlocal Cooperation Act as set forth in Title 11, Chapter 13 (the “Act”), and Section 20A-5-400.1 of the Utah Code Ann. (1953) as amended, to enter into this Agreement. NOW, based upon the foregoing and in consideration of the mutual terms and conditions set forth hereafter, the Parties hereto agree as follows: 1. County’s Obligations. County agrees to provide to City, if needed for the primary election in August 2025, and if needed for the general election in November 2025, the following: 1.1.​ Test, program, assemble and make available to City voting machines and poll supplies; 1.2.​ Provide for delivery and retrieval of voting equipment; 1.3.​ Polling location management, which includes, but is not necessarily limited to making arrangements for use, ADA compliance survey and contact information; 1.4.​ Absentee and By-Mail ballot processing, which includes mailing, receiving, signature verification and tabulation; 1.5.​ Provide electronic ballot files for Optical Scan Ballots printing; 1.6.​ Provide Information System assistance, which includes, but is not necessarily limited to, election programming, tabulation, programmers and technicians; 1.7.​ Canvass reports; 1.8.​ Electronic tabulation results transmitted to the Office of the Lieutenant Governor; 1.9.​ Provide personnel and technical assistance throughout the election process and equipment and/or supplies required specifically for voting; 1.10.​ Recruit poll workers; provide training, scheduling, supplies and compensation; 1.11.​ Publish legal notices, which include, polling locations, sample ballots public demonstration and election results; 1.12.​ Provide preparation and personnel for the public demonstration of the tabulation equipment; 1.13.​ If required, in cooperation with the City, conduct an election audit; and 1.14.​ Store all election returns for the required twenty-two (22) months.  2.​ City’s Obligations. City agrees to do the following: 2.1.​ Provide the Recorder or other designated officer to act as the election officer and assume all duties and responsibilities outlined by applicable law; 2.2.​ Enter into a polling location Hold Harmless Agreement, if needed; 2.3.​ Perform Declaration of Candidacy filing; 2.4.​ Provide County with ballot information, which includes, but is not necessarily limited to, races, candidates and ballot issues; 2.5.​ Approve the election plan, which includes, but is not necessarily limited to, accuracy of polling location and precinct assignments, voter turnout percentages, paper ballot quantities, voting machine quantities and poll worker assignments; 2.6.​ Review and approve the accuracy of the printed and audio of ballot formats; 2.7.​ Arrange and conduct election canvass; 2.8.​ Prepare candidate certificates; 2.9.​ Perform all other election related duties and responsibilities not outlined in this Agreement but required by applicable law; and 2.10.​ Pay County repair or replacement costs for damaged voting equipment, which occurs at the polling locations, beyond the normal wear and tear. 3.​ Compliance with Utah Law. The Parties each agree to conduct the election according to the statutes, rules, Executive Orders, and Policies of the Lieutenant Governor as the Chief Elections Officer of the State of Utah. 4.​ Compensation. City agrees to pay County the costs for providing the election equipment, services and supplies in accordance with the election costs schedule, attached hereto, incorporated herein, and made a part hereof as Exhibit "A". The payment by City to County under this Agreement shall be made within thirty (30) days of City receiving an invoice prepared by County relating to this Agreement. If this Agreement is terminated early by either Party, pursuant to the provisions of Section 7 below, City shall pay County for all services rendered by County under this Agreement prior to the date that this Agreement is terminated. 5.​ Effective Date. The Effective Date of this Agreement shall be on the earliest date after this Agreement satisfies the requirements of the Act (the “Effective Date”). 6.​ Term of Agreement. This Agreement shall continue in effect until 30 days after the 2025 elections or upon invoicing, whichever occurs later, unless extended or terminated earlier by the Parties. 7.​ Termination. This Agreement may be terminated by any of the following actions: 7.1.​ The mutual written agreement of the Parties; 7.2.​ By either Party after any material breach of this Agreement; 7.3.​ By either Party, with or without cause, 30 days after the terminating Party mails a written notice to terminate this Agreement to the other Party; or 7.4.​ As otherwise set forth in this Agreement or as permitted by law, ordinance, rule, regulation, or otherwise. ​ Page 2 of 9  8.​ Indemnification. The Parties agree to indemnify the other Party, its officers, agents, representatives, officials, employees, and volunteers for and from any liability, costs, or expenses arising from any action, causes of action, claims for relief, demands, damages, expenses, costs, fees, or compensation, whether or not said actions, causes of action, claims for relief, demands, damages, costs, fees, expenses, and/or compensations that arise out of this Agreement, or relate to this Agreement and/or the acts or omissions of a Party and/or Parties representatives, agents, contractors, officers, officials, members, employees, volunteers, and/or any person or persons under the supervision, direction, or control of a Party (collectively, the “Party Representatives”). No term or condition of this Agreement shall limit or waive any liability that the Parties may have arising from, in connection with, or relating to this Agreement and/or the Parties Representatives’ acts or omissions. It is expressly understood and agreed that the terms, provisions, and promises of this Section shall survive the termination of this Agreement. 9.​ Governmental Immunity Act. The County and City are governmental entities under Title 63G, Chapter 7, et seq., the Governmental Immunity Act of Utah (the “Governmental Immunity Act”). Consistent with the terms of the Governmental Immunity Act, each Party shall be responsible for its own wrongful or negligent acts which are committed by its agents, officials, representatives, or employees. Neither Party waives any defense otherwise available under the Governmental Immunity Act nor does either Party waive any limit of liability currently provided by the governmental Immunity Act. Each Party agrees to notify the other of the receipt of any notice of claim under the Governmental Immunity Act for which one Party may have an obligation to defend, indemnify, and hold harmless the other Party within thirty (30) days of receiving the notice of claim. The Parties also agree to notify each other of any summons and/or complaint served upon the said Party, if the other Party may have an obligation to defend, indemnify, and hold harmless the first Party, at least fourteen (14) days before an answer or other response to the summons and/or complaint may be due. 10.​No Separate Legal Entity. No separate legal entity is created by this Agreement. 11.​Attorney Review. This Agreement shall be submitted to the authorized attorney for each Party for review and approval as to form in accordance with applicable provisions of Section 11-13-202.5, Utah Code Ann. (1953) as amended. A duly executed original and/or counterpart of this Agreement shall be filed with the keeper of records of each Party in accordance with Section 11-13-209, Utah Code Ann. (1953) as amended. 12.​Independent Parties. The Parties acknowledge, understand, and agree that the respective representatives, agents, contractors, officers, officials, members, employees, volunteers, and/or any person or persons under the supervision, direction, or control of a Party are not in any manner or degree employees of the other Party and shall have no right to and shall not be provided with any benefits from the other Party. County employees, while providing or performing services under or in connection with this Agreement, shall be deemed employees of County for all purposes, including, but not limited to, workers compensation, withholding, salary, insurance, and benefits. City employees, while providing or performing services under or in connection with this Agreement, shall be deemed employees of City for all purposes, including, but not limited to, workers compensation, withholding, salary, insurance, and benefits. ​ Page 3 of 9  13.​Waiver. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the Party granting the waiver. 14.​Entire Agreement. This Agreement, including all attachments referenced in this Agreement, contains the entire agreement between the Parties with respect to the subject matter in this Agreement. Unless otherwise set forth in this Agreement, this Agreement supersedes all other agreements, whether written or oral, between the Parties with respect to the subject matter in this agreement. No amendment to this Agreement will be effective unless it is in writing and signed by both Parties. 15.​Force Majeure. In the event that either Party shall be delayed or hindered in or prevented from the performance of any act required under this Agreement by reason of acts of God, acts of the United States Government, the State of Utah Government, fires, floods, strikes, lock-outs, labor troubles, inability to procure materials, failure of power, inclement weather, restrictive governmental laws, ordinances, rules, regulations or otherwise, delays in or refusals to issue necessary governmental permits or licenses, riots, insurrection, wars, or other reasons of a like nature not the fault of the Party delayed in performing work or doing acts required under the terms of this Agreement, then performance of such act(s) shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, without any liability to the delayed Party. 16.​Assignment Restricted. This Agreement may not be assigned without prior written consent of both of the Parties. 17.​Utah Law. This Agreement shall be interpreted and enforced according to the laws of the State of Utah. 18.​Severability. The Parties acknowledge that if a dispute between the parties arises out of this Agreement or the subject matter of this Agreement, the parties desire the court to interpret the contract as follows: 18.1.1.​With respect to any provision that it holds to be unenforceable, by modifying the provision to the minimum extent necessary to make it enforceable or, if that event any provision of this Agreement is held to be invalid or unenforceable, that modification is not permitted by law, by disregarding that provision; and 18.1.2.​If an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of the contract will remain in effect as written. 19.​Rights and Remedies Cumulative. The rights and remedies of the Parties under this Agreement shall be construed cumulatively, and none of the rights and/or remedies under this Agreement shall be exclusive of, or in lieu or limitation of, any other right, remedy or priority allowed by law, unless specifically set forth herein. 20.​No Third-Party Beneficiaries. This Agreement is entered into by the Parties for the exclusive benefit of the Parties. Except and only to the extent authorized by a Party in ​ Page 4 of 9  writing or provided by applicable statute, no creditor or third party shall have any rights under this Agreement. 21.​Authorization. The persons executing this Agreement on behalf of a Party hereby represent and warrant that they are duly authorized and empowered to execute the same, that they have carefully read this Agreement, and that this Agreement represents a binding and enforceable obligation of such Party. 22.​Time of Essence. Time is of the essence of all provisions of this Agreement. 23.​Conflict of Terms. In the event of any conflict between the terms of this Agreement and any documents referenced in this Agreement or incorporated into this Agreement by reference, including exhibits or attachments to this Agreement, this Agreement shall control. 24.​Counterparts; Electronically Transmitted Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be deemed an original, and all such counterparts taken together shall constitute one and the same Agreement. Signatures transmitted by facsimile and/or e-mail shall have the same force and effect as original signatures. WHEREFORE, the Parties have signed this Agreement on the dates set forth below. DAVIS COUNTY ​ ​ ​ ​ ​ ​ ​ _______________________________ ​ ​ ​ ​ ​ ​ ​ Lorene Miner Kamalu, Chair, ​ ​ ​ ​ ​ ​ Board of Davis County Commissioners ​ ​ ​ ​ ​ ​ ​ Date:___________________________​ ​ ​ ​ ​ ​ ATTEST: ​ ​ ​ ​ ​ __________________________​ ​ Brian McKenzie​ ​ ​ ​ Davis County Clerk The undersigned and authorized attorney of Davis County has reviewed and approved this Agreement as to proper form and compliance with applicable law. ​ ​ ​ ​ ​ ​ ​ _____________________________​ ​ ​ ​ ​ ​ ​ ​ ​ Neal Geddes ​ ​ ​ ​ ​ ​ ​ Davis County Deputy Attorney ​ Page 5 of 9 ​ ​ ​ ​ ​ ​ ​ CITY of ______________________ ​ ​ ​ ​ ​ _____________________________​ ​ ​ ​ ​ ​ ​ Print Name:​ ________________________ ​ ​ ​ ​ ​ ​ ​ ​ ​ Title:​ ______________________________ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Date: _____________________________​ ​ ​ ​ ​ ​ ATTEST: ​ __________________________ Print Name:__________________________​ ​ ​ ​ ​ Title: _______________________________​​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The undersigned and authorized attorney of _______________________ City has reviewed and approved this Agreement as to proper form and compliance with applicable law. ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ __________________________________​ ​ ​ ​ ​ ​ ​ ​ Print Name:​ _______________________​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Title:​ _____________________________​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Page 6 of 9  EXHIBIT A (Election Costs Schedule) ​ ​ ​ ​ ​ ​ ​ Page 7 of 9 ​ Page 8 of 9 ​ Page 9 of 9