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NOTE: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify Quinn Bennion, 374 East Main, Vernal, Utah 84078 or phone (435) 789-2255 at least three days before the meeting. NOTICE OF PUBLIC MEETING TO THE PUBLIC AND RESIDENTS OF VERNAL CITY: Notice is hereby given that the VERNAL CITY COUNCIL will hold a regular meeting on Wednesday, October 2, 2019 at 7:00 p.m. in the Vernal City Council Chambers at 374 East Main St, Vernal, Utah. A G E N D A 7:00 p.m. OPENING CEREMONY 1. Invocation or Uplifting Thought 2. Pledge of Allegiance STANDING BUSINESS 1. Approval of the Minutes of September 18, 2019 Regular Meeting PUBLIC BUSINESS 1. Request for Funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves POLICY & LEGISLATION 1. Request for Approval of Memo of Understanding for Indigent Services Allen Parker 2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of Title Doug Brown 3. Request for Declaration of Surplus Property List Danny Anderson ADMINISTRATIVE REPORTS ADJOURN
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A G E N D A - Vernal, UT

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Page 1: A G E N D A - Vernal, UT

NOTE: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this

meeting should notify Quinn Bennion, 374 East Main, Vernal, Utah 84078 or phone (435) 789-2255 at least three

days before the meeting.

NOTICE OF PUBLIC MEETING

TO THE PUBLIC AND RESIDENTS OF VERNAL CITY: Notice is hereby given that

the VERNAL CITY COUNCIL will hold a regular meeting on Wednesday, October 2, 2019 at 7:00

p.m. in the Vernal City Council Chambers at 374 East Main St, Vernal, Utah.

A G E N D A

7:00 p.m. OPENING CEREMONY

1. Invocation or Uplifting Thought

2. Pledge of Allegiance

STANDING BUSINESS

1. Approval of the Minutes of September 18, 2019 Regular Meeting

PUBLIC BUSINESS

1. Request for Funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves

POLICY & LEGISLATION

1. Request for Approval of Memo of Understanding for Indigent Services – Allen Parker

2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of Title – Doug

Brown

3. Request for Declaration of Surplus Property List – Danny Anderson

ADMINISTRATIVE REPORTS

ADJOURN

Page 2: A G E N D A - Vernal, UT

MEMORANDUM

TO: Mayor & City Council

FROM: Quinn Bennion, City Manager

RE: Agenda Items for September 18, 2019 Council Meeting

PUBLIC BUSINESS

1. Request for funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves. The

Recreation District organizes and hosts the Mayor’s Walk and Carnival. The City budget

includes $500 for the event. See attached information about the event.

POLICY & LEGISLATION

1. Request for Approval of Memo of Understanding for Indigent Services – Allen Parker.

The City applied for a grant from the state to supplement the funding for indigent defense

services. The City received a grant award of $10,000. As part of the State’s focus on

improved indigent defense services, a local manager was hired last year, Lance Dean. He

works to coordinate local indigent defense services. In coordinating with his office, Mr. Dean

agreed that he could provide the services when conflict cases arise in Vernal City. This

MOU captures this arrangement.

2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of

Title – Doug Brown. The County and City recently purchased additional property at the

airport along 2500 South. As owners and sponsors of the airport, the County and City must

sign off on the certificate of title. This is an FAA reimbursed item.

3. Request to Classify the Surplus Property List – Danny Anderson. The City is ready to

dispose of equipment and materials that are no longer in use. Staff recommends the use of an

online auction site. As part of the process, the Council must approve declaring the items

surplus.

Page 3: A G E N D A - Vernal, UT

INUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD 1

SEPTEMBER 18, 2019 at 7:00 p.m. in the Vernal City Council room, 374 East Main, 2

Vernal, Utah 84078. 3

4

PRESENT: Councilmembers Travis Allan, Samantha Scott, and Bert Clark and Mayor Doug 5

Hammond. Councilmembers Ted Munford and Dave Everett were excused. 6

7

WELCOME: Mayor Doug Hammond welcomed everyone to the meeting. 8

9

INVOCATION OR UPLIFTING THOUGHT: The invocation was given by Councilmember 10

Travis Allan. 11

12

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Samantha 13

Scott. 14

15

APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 21, 2019 REGULAR 16

MEETING: Councilmember Bert Clark moved to approve the minutes of August 21, 2019 with 17

one correction. Councilmember Travis Allan seconded the motion. The motion passed with 18

Councilmembers Allan, Scott and Clark voting in favor. 19

20

DECLARING UNOPPOSED CANDIDATES IN THE NOVEMBER 5, 2019 MUNICIPAL 21

ELECTION AND CANCELING NOVEMBER 5, 2019 ELECTION – RESOLUTION NO. 22

2019-18: Quinn Bennion explained that this Resolution relates to the upcoming election 23

scheduled for November 5, 2019. There are three Council seats up for election with two 24

incumbents, Dave Everett and Travis Allan refiling, and a new candidate Nicholas Porter, filing 25

for the seat being vacated by Samantha Scott. The time frame for a write-in candidate has 26

passed so there is no reason to hold an election. Councilmember Bert Clark stated the only 27

pertinent item is the proposition for the School District which is a county-wide race, not a 28

municipal item. After further discussion, Councilmember Bert Clark moved to approve 29

Resolution No. 2019-18. Councilmember Samantha Scott seconded the motion. The motion 30

passed with the following roll call vote: 31

32

Councilmember Allan ..................................................................................................... aye; 33

Councilmember Scott .................................................................................................... aye; 34

Councilmember Clark ..................................................................................................... aye. 35

36

REQUEST FOR APPROVAL TO CONSIDER AMENDING THE VERNAL CITY 37

MUNICIPAL CODE, SECTION 13.12.040 – BILLINGS FOR WATER USAGE 38

ASSOCIATED WITH LEAKS – ORDINANCE NO. 2019-14 (2ND

READING): Quinn 39

Bennion explained that this draft Ordinance was reviewed at the last meeting and several changes 40

were made to address the concerns of the Council. He noted that homeowners and businesses are 41

responsible for the maintenance of their water line from the meter to the structure. However, 42

there are occasions where the water line breaks on the property owner’s side and they are not 43

aware of it until they receive a bill or it is significant enough that the City sees the high usage on a 44

report. This Ordinance would allow a 50% rebate for additional water billing costs associated 45

M

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MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD

SEPTEMBER 18, 2019

with the leak during the time the user is unaware of the leak. The draft ordinance was changed to 46

make it clear that it is the water users responsibility and the property receives credit only once in a 47

10 year period. Councilmember Bert Clark asked if this change will go back retroactively to help 48

those residents that have had issues. Quinn Bennion stated the finance department will look at 49

issues up to 3 months ago. Councilmember Travis Allan stated the ordinance should read “once” 50

in a ten year period. After further discussion, Councilmember Travis Allan moved to approve 51

Ordinance No. 2019-14 with the one correction. Councilmember Samantha Scott seconded the 52

motion. The motion passed with the following roll call vote: 53

54

Councilmember Allan ..................................................................................................... aye; 55

Councilmember Scott .................................................................................................... aye; 56

Councilmember Clark ..................................................................................................... aye. 57

58

REQUEST TO CONSIDER APPROVAL OF A PRIVATE GROUND LEASE 59

AGREEMENT FOR SPACE 5 AT THE VERNAL REGIONAL AIRPORT: Quinn Bennion 60

stated that he was notified today that this item has been dropped as the ground leasee has rescinded 61

his offer. 62

63

REQUEST TO CONSIDER APPROVAL OF A MEMORANDUM OF UNDERSTANDING 64

WITH UINTAH TRANSPORTATION SPECIAL SERVICE DISTRICT FOR THE 65

CONSTRUCTION OF A JOINT PAVING PROJECT WITH FUNDING THROUGH THE 66

COMMUNITY IMPACT BOARD: Quinn Bennion explained that this agreement is between the 67

Uintah Transportation Special Service District, Vernal City, Ballard City and Naples City to do a 68

joint pavement improvement project. The reasoning to do a joint project is to maximize the 69

quantities and hopefully receive a better bid. The UTSSD approached the Community Impact 70

Board for funding and received a $2.5 million dollar grant. The grant amount for Vernal City is 71

$400,000 with matching funds of $400,000. Mr. Bennion explained how the Community Impact 72

Board operates and where the funds come from. After further discussion, Councilmember 73

Samantha Scott moved to approve the MOU with the Uintah Transportation Special Service 74

District. Councilmember Travis Allan seconded the motion. The motion passed with the 75

following roll call vote: 76

77

Councilmember Allan ..................................................................................................... aye; 78

Councilmember Scott .................................................................................................... aye; 79

Councilmember Clark ..................................................................................................... aye. 80

81

ADMINISTRATIVE REPORTS: 82

83

Transportation Optional Sales Tax: 84

Quinn Bennion explained that he has prepared a spread sheet for the joint City / County meeting 85

related to the sales tax that the County imposed a week ago. Within the next two weeks the 86

Commissioners have to decide what percentage will go toward the transit system. The higher 87

the percentage, the more dollars that are kept local and possibly more routes such as the Naples 88

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MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD

SEPTEMBER 18, 2019

route. Once the percentage is set, it cannot be changed without a public vote. 89

90

Joint City / County meeting 91

Quinn Bennion reminded the Council of the upcoming joint City / County meeting to discuss the 92

airport transition and the conference center. The meeting is Monday at 4:30 pm at the County 93

building. 94

95

Water Leak: 96

Councilmember Bert Clark stated he received a complaint of a water leak that took the crews four 97

days to fix. He asked the staff to find out what happened. 98

99

Quinn Bennion introduced the City’s mechanic Shawn Rasmussen. He worked for Perry Motor 100

and decided to make the change to the City. 101

102

Preamble of the United States: 103

Uintah High School Student Ben Howcroft explained that the students will receive extra credit if 104

the can recite the Preamble of the United States of America for the Council. The Council was 105

excited to watch the students perform the Preamble. 106

107

ADJOURN: There being no further business; Councilmember Samantha Scott moved to adjourn. 108

Councilmember Travis Allan seconded the motion. The motion passed with a unanimous vote 109

and the meeting was declared adjourned. 110

________________________________ 111

Mayor Doug Hammond 112

ATTEST: 113

114

________________________________ 115

Roxanne Behunin, Deputy Recorder ( S E A L ) 116

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2019 Projection

Starting Budget URD

Uintah Recreation District $1,500.00

Vernal City $750.00

Naples City $250.00

Others - Inkind and donations $1,000.00

Total Operation Budget $3,500.00

Advertising

Newspaper Donated

School Flyers $100.00

Posters In House cost

Banners Reusing

Balance $100.00

Games

Booths $100.00

Prizes (not Candy) $1,800.00

Candy $1,500.00

Balance $3,400.00

Mayors Walk

Signs Making them and Reusing

Decorations Donations and Revamping old

Balance $0.00

Other Expenses

Thank you's - Ad in vernal Express Possible trade

Balance $0.00

Total Spending $3,500.00

Operating Budget $3,500.00

Balance $0.00

Halloween Budget and Assignments

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EXECUTIVE SUMMARY

Effective: 09/01/2019 – 06/30/2020

PURPOSE

This summary is designed to set forth the procedure for the MOU between Vernal City and the Uintah

County Public Defender Office for indigent defense resources and grant reporting to the Indigent Defense

Commission (IDC).

PROCEDURE

1. Billing

a. All invoices for contracted attorneys, and defense resources will be submitted to the Uintah

County Public Defender Office (152 E. 100 N. Vernal, Utah 84078) for screening and

approval.

b. Approved invoices will be delivered to Vernal City for payment by Vernal City.

2. Reporting

a. Vernal City will provide to the Uintah County Public Defender Office, copies of all invoices

and checks issued by Vernal City for contract attorneys and defense resources.

b. The Uintah County Public Defender Office will comply with the IDC guidelines and

deadlines for quarterly grant reporting.

3. Reimbursement. The IDC will reimburse Vernal City on a quarterly basis, after approval of

quarterly grant reporting.

4. Contracted Attorney(s)

a. The Uintah County Public Defender Office and Vernal City will collaborate in the hiring

process of contracted attorneys.

b. The Uintah County Public Defender Office will oversee the duties of the contracted

attorneys.

c. Contracted Attorneys will report statistical data to the Public Defender Office for grant

reporting purposes.

d. Complaints will be referred to Uintah County Public Defender Office for investigation,

training, resolution, etc. by the Director.

5. Conflict Counsel

a. The Director of the Uintah County Public Defender Office will be assigned all conflict cases

from the Vernal City Justice Court.

b. All conflict cases assigned to the Uintah County Public Defender Office will be handled with

no fee, as part of the grant agreement with the IDC.

c. Should the Director be unable to represent a defendant based upon a legal conflict, the

defendant will be reassigned a different attorney, paid for by Vernal City at a rate of $100.00

per hour.

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6. Termination. Either party may terminate the MOU, without cause, upon sixty (60) days written

notice served upon the other party, or by mutual consent at any time. Notice shall be deemed

served on the date of mailing.

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1

MEMORANDUM OF UNDERSTANDING FOR INDIGENT DEFENSE

SERVICES

OCTOBER 1, 2019 – JUNE 30, 2020

This Memorandum of Understanding is made and executed, effective September 1, 2019,

by and between Vernal City, a body corporate and politic of the State of Utah, hereinafter

referred to as “City,” and the Uintah County Public Defender Office, hereinafter referred to as

“Defender,” to provide constitutional indigent representation in the City’s courts through and

until July 30, 2020.

RECITALS

The United States and Utah Constitutions, and Utah Code §77-32-101 et. seq. (1953 as

amended), require governmental entities to provide to indigent individuals, effective assistance

of defense counsel at all critical phases of criminal proceedings, for prosecutions of offense(s)

carrying the possibility of a deprivation of liberty; and

WHEREAS, the City may fulfill the statutory obligation by contracting with an

established legal defender office as permitted by Utah Code Ann. §77-32-306; and

WHEREAS, Defender is an existing legal defender office organized by Uintah County,

organized according to law and has established a demonstrated record of providing effective,

qualified, competent, and constitutional indigent defense services since its inception; and

WHEREAS, Defender and the City jointly desire to enter into this Memorandum of

Understanding to provide constitutional indigent defense services in all courts under the City’s

jurisdiction;

AGREEMENT

NOW THEREFORE, accepting the recitals above, the City and the Defender agree as

follows:

Section 1. REPRESENTATION

1.1 Defender agrees to oversee all attorneys assigned to indigent individuals who are

entitled by law to court-appointed counsel in the Justice Court of Vernal City, and

in appeals from those actions in Eighth Judicial District Court, the effective

assistance of defense counsel at all critical phases of a criminal proceedings for

prosecutions of offense(s) carrying the possibility of a deprivation of liberty.

1.2 Defender and City agree to collaborate in the hiring process of contracted

attorney(s) to ensure that all such legal representation is provided by attorneys

who are active members in good standing of the Utah State Bar, and who have

appropriate legal qualifications, experience, time, proximity and expertise, to

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2

provide competent and effective assistance of counsel in the cases in which they

appear.

1.3 The City agrees that if a court orders an additional attorney to provide court-

appointed counsel on a case in which the attorneys provided by Defender are

already appearing, for conflict-representation or other reasons, the City will pay

for the cost of such conflict attorneys to appear and provide constitutionally

effective defense services.

1.4 It is further understood and agreed by the parties hereto that the Defender in

performing its obligations under this Memorandum, is under the direction of the

City merely as to the designation of tasks to be performed and the results to be

accomplished by the services hereunder agreed to be rendered and performed and

not as to the means and methods for accomplishing results.

1.5 The parties agree that, if in the performance of this Memorandum, any third

persons contracted by the Defender to provide the legal representation

contemplated herein, such person shall be an independent contractor under the

direction, supervision, and control of the Defender in the capacity of indigent

representation. Upon contracting any third persons to provide legal

representation, the Defender agrees to adhere to hiring practices that remain free

from judicial and prosecutorial oversight. All terms of employment or contract,

including hours, wages, working conditions, discipline, hiring, and discharging, or

any other terms of employment, contract, or requirement of law, shall be

determined by the Defender, and the City shall have no right or authority over

such persons or the terms of employment or the terms of such contract, other than

input regarding the initial hiring decision.

Section 2. BASE DUTIES

Defender agrees to provide the following aspects of constitutional representation.

2.1 Pursuant to Utah Code Ann. §77-32-301, Defender shall, subject to the exclusions

of Section 4 and Section 5.1 below, oversee constitutional legal representation for

any person for whom a Court has ordered the appointment of counsel, in the

following type of cases:

(a) Vernal City Justice Court Misdemeanor cases;

(b) Eighth District Court Appeals from Vernal City Justice Court

Misdemeanor cases.

2.2 Defender agrees to comply with the Core Principles adopted by the IDC pursuant

to Utah Code §77-32-804, and Federal and State constitutional standards for

effective defense representation.

2.3 Defender agrees to work with the City to monitor attorney caseloads so no

attorney carries a caseload that would unreasonably interfere with the attorney’s

ability to provide effective assistance of counsel. If the Defender deems it

necessary to provide additional attorneys due to an unreasonable caseload

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3

precluding effective representation, Defender may seek _________________

__________________________________________( payment from the City for

the cost of such attorneys to appear, and the City may seek reimbursement from

the IDC).

2.4 It is understood and agreed that accessibility to indigent defendants is an integral

consideration to this Memorandum and therefore the Defender agrees to ensure

attorneys are available and accessible to indigent clients reasonably in advance of

any hearing or trial, and to provide representation at all critical stages, and to

encourage a single attorney to provide continuous (vertical) representation

throughout the entirety of a case.

2.5 Defender also agrees to ensure reasonable efforts are made by contracted

attorneys to visit indigent defendants who are incarcerated in the Uintah County

Jail, admitted to a hospital or otherwise detained or confined by the City, at the

earliest possible date; to return telephone calls as soon as reasonably possible and

to otherwise be reasonably accessible to, and provide continuous representation

for, all indigent persons who Defender and its attorneys are appointed to

represent.

2.6 Defender agrees, subject to the exclusions herein, that in providing legal

representation pursuant to this Memorandum, the representation shall be done by

attorneys with specialized experience and include conferring with clients,

attending all matters before the court including scheduling conferences,

telephonic conferences, all hearings and trials, drafting and filing or relevant and

necessary motions and all other matters required to ensure adequate and

competent representation including, but not limited to, probation revocation

hearings and restitution hearings.

2.7 Defender agrees to ensure that any attorneys providing appointed representation

in the City, pursuant to this Memorandum, will be provided with defense

resources separate from their compensation for the service rendered pursuant to

this Memorandum, which are necessary to provide effective representation, which

may include but is not limited to: investigators, experts, social workers,

interpreters, and/or forensic services, and any resources necessary to provide the

effective assistance of counsel. The City is responsible for the costs of those

defense resources to the extent they are not covered by grant funds.

2.8 Representation pursuant to this Memorandum shall include the first appeal as of

right. Defender agrees to ensure appellate attorneys have access to defense

resources for all aspects of appellate proceedings.

2.9 Defender agrees to meet with the Vernal City Council annually to review indigent

defense expenditures, attorney caseloads and performance. Any time an

extraordinary matter becomes apparent to Defender in the course of duties under

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4

this Memorandum, the defender is encouraged to meet with the City Council to

keep them apprised of such situations and discuss whether additional funding may

be necessary to address the matter.

2.10 Defender agrees to cooperate with the City to maintain and make available

records of data and all information necessary for reporting to the IDC, as required

by any grant funding. To wit, by providing, at a minimum, quarterly reports of

expenses incurred for contract attorney services; and quarterly reports of the total

number of appointed cases in which the Defender appeared pursuant to this

Memorandum, including the type of each case, the pleadings filed with the court,

the hearings held in each case, the status or disposition of each case whether by

plea or trial, the motions filed in each case, the hours spent by attorneys on each

case, and/or such other information as may be reasonably requested by the City or

the IDC, which do not violate attorney-client privilege.

2.11 Defender agrees to submit quarterly reporting to the IDC and meet all IDC

deadlines in order for the City to receive quarterly reimbursement payments.

Section 3. COSTS AND PAYMENT

3.1 In exchange for the services rendered in Section 2 above (Base Duties), it is

agreed to between the parties that the City will bear the reasonable and necessary

expenses related to the representation pursuant to this Memorandum. Subject to

any and all available funding sources from IDC.

3.2 The City will not pay the Uintah County Public Defender Office for the

participation and oversight of the above-described base duties. The City shall pay

the contracted attorneys and other conflict counsel attorneys, as consideration for

Defender’s performance of the above-described base duties.

3.3 The City shall additionally, without any judicial or prosecutorial interference or

oversight, make available to the Defender, for defense resources, including but

not limited to: investigators, expert consultation and witnesses, scientific and

medical testing, transcripts, copies of records, and any other means necessary to a

complete defense as required by the Federal and State Constitutions and Utah law,

on an ‘as billed’ basis.

3.4

3.4.1 City shall provide the Defender with a full accounting of its expenditure of

all reserved funds, including check copies, quarterly for IDC reporting

purposes.

3.4.2 Should this agreement be terminated, City shall provide Defender with a

full accounting of all Reserve funds received and expended for final

quarterly reporting purposes.

3.4.3 Defender agrees to use best efforts to ensure the cost and expenses

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5

withdrawn from the Reserve funds are reasonable.

3.5 The City will bear the reasonable travel costs of Defender, if any is required

outside of Vernal City, in conjunction with their representation of an assigned

indigent defendant.

3.6 Upon a showing of critical need, Defender may request additional funding for

extraordinary unforeseen expenses which may arise during the term of this

agreement, from the City, which may then request additional funding in grants

from the Indigent Defense Commission.

3.7 The City will be reimbursed for quarterly spending, up to the quarterly amount

awarded by the IDC, within the parameters of the IDC quarterly payment

structure.

Section 4. TRANSITION

In the event this Memorandum is terminated or is not renewed:

4.1 Defender agrees to complete those existing cases where it is not feasible for

Defender to withdraw.

4.2 Defender agrees to cooperate with Defender’s successors including the filing of

all necessary pleadings for withdrawal and to deliver all applicable files,

information and materials to the successor.

4.3 If Defender is not permitted to withdraw from the representation in any matter by

the court, the City agrees to compensate the Defender for base services under

Section 3 above, at the prevailing hourly rate being paid to attorneys who handle

conflict-of-interest cases.

4.4 Non-funding. It is understood by the parties that as a governmental entity, the

City funding for this agreement is subject to the funds being appropriated by the

legislative body and the IDC and the State of Utah. In the event no funds or

insufficient funds are appropriated and budgeted in the fiscal year(s) of this

Agreement, this agreement shall terminate and become null and void on the last

day of the fiscal year for which funds were budgeted and appropriated, or in the

event of a reduction in appropriations, on the last day before the reduction

becomes effective. Said termination shall not be construed as a breach or default

under this agreement and said termination shall be without penalty, additional

payments, or other expense to the City of any kind whatsoever, and no right of

action for damages or other relief shall accrue to the benefit of either party.

4.5 Discrimination. Defender assures that he will comply with the Americans with

Disabilities Act (ADA), and Title VI of the Civil Rights Act of 1964 and that no

person shall, on the grounds of race, creed, color, sex, sexual orientation, marital

status, disability, or national origin, be excluded from participation in, be denied

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6

the benefits of, or be otherwise subjected to discrimination under this agreement.

Section 5. TERMINATION

Either party may terminate this Memorandum, without cause, upon sixty (60)

days written notice served upon the other party, or by mutual consent at any time.

Notice shall be deemed served on the date of mailing.

Section 6. OTHER PROVISIONS

6.1 It is understood by the parties that Defender is an not an agent, representative, or

employee of the City nor is this Memorandum intended to create such a

relationship. It is further understood by the parties that all compensation

provided hereunder shall not include deductions for FICA, Federal and State

income tax and shall not include retirement benefits, health benefits, holiday pay

leave or any other fringe benefit of the City.

6.2 Notice. Any notice required by this Memorandum shall be given in writing

addressed to the following unless otherwise designated in writing.

FOR THE CITY:

Vernal City

374 E. Main St.

Vernal, Utah 84078

FOR THE DEFENDER:

Uintah County Public Defender Office

152 E. 100 N.

Vernal, Utah 84078

In witness whereof, the parties have executed this Memorandum of Understanding the

day and year written below:

CITY DEFENDER

_______________________________ ______________________________

Quinn Bennion Lance Dean, Director,

Vernal City Manager Uintah County Public Defender

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Page 1 of 2 Pages

Sponsor Certificate of Title

Mr. John P. Bauer Manager, Denver Airports District Office 26805 E 68th Ave. Ste 224 Denver, CO 80249-6339 Dear The County of Uintah and City of Vernal, Utah (hereinafter referred to as the “Sponsor”), pursuant to Section 47105(d) of the Federal Aviation Reauthorization Act of 1996, as amended, hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor under the terms and conditions of a Grant Agreement with the Federal Aviation Administration, Federal Project No. 3-49-0037-036-2019. In the opinion of the representatives of Commissioner William Stringer and Mayor Doug Hammond, the Sponsor has full and adequate legal title to the property interest indicated and, as shown on the Exhibit "A", as of the time and date stated in the title documents, and has adequate title to satisfy local laws and ordinances:

Quality of Interest

Parcel Number (Per Exhibit “A”) (Fee, Easement, etc.)

Parcel No. 48 Fee Simple

The land interest acquired meets the requirements of the Federal Aviation Administration, except for easements, liens, separate mineral estate, leases, or other encumbrances on the parcels noted below. However, such encumbrances, which are described on the attachment, do not affect the use of the land for airport purposes. Not Applicable The evidence of title is based on Title insurance Policy No.5011400-2376580e issued on April 11th, 2019 by the First American Title Insurance Company. Recorded April 11th, 2019 in Book 1601 Page 491. The sponsor recognizes and accepts full responsibility for the clearing of any outstanding encumbrances, defects, and exceptions to the title which may in any way affect the future use and operation of the land for airport purposes as may be determined by the FAA. It is understood that the FAA reserves the right to cancel this certification at any time. Although specific title evidence documents are not submitted herewith, copies of deeds and other appropriate evidence of title for the land are on file with the Sponsor and are available for inspection by the FAA.

Bauer: Mr.

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Page 2 of 2 Pages

Sincerely,

__________________________________ Uintah County

Signature of sponsor official authorized to sign Grant Agreement

__________________________________ Date

_________________________________ Signature of Uintah County Attorney

Sincerely,

__________________________________ Vernal City

Signature of sponsor official authorized to sign Grant Agreement

__________________________________ Date

_________________________________ Signature of Vernal City Attorney

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Old porta potty, not longer used.

Old flower watering tank, no longer used… leaks

Old boiler tank...used a section years ago, just

sits around

Old flower watering tank, no longer used ...leaks

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Old plow...no longer used

Old plow no longer used

Old leaf blowers no longer used

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Old police traffic sign trailer

Old chain Christmas tree decorations

Old rod iron decorations

Old rod iron decorations

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Old roller for streets….not used

Can’t get parts

4 Headache racks for pickups

2 old brush guards

Miscellaneous old tires

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2004 Buick no longer used

98 Buick no longer used

2003 Grand Am needs fuel pump

2000 Ford Ranger needs transmission

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2002 Mercury Sable runs rough

Honda trash pump #1 not used anymore

Honda trash pump #2 not used anymore

Honda trash pump #3 not used anymore

Page 27: A G E N D A - Vernal, UT

Floor jack, leaks and bent

Old belt sander not used anymore, safety

guards missing

Cut off saw not used anymore

12 Volt pump not sure if works

Page 28: A G E N D A - Vernal, UT

6 cement blankets.

(keeping 4 for ourselves)

Chain link fence slats

Random surplus wire

50’ rope

Page 29: A G E N D A - Vernal, UT

Extra band saw no longer needed

Old welder in mechanic shop…. Not used, not sure

if it works

Craftsman tool box mechanics ...not used

Page 30: A G E N D A - Vernal, UT

4 eyewash stations… use different ones now

40 feet of insul. vent

Cement vibrator, not working

4 old chairs

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Plenum ….no use

2 paper towel dispensers

2 swamp coolers

Page 32: A G E N D A - Vernal, UT

Old fork lift….doesn't run

Oil change cart….mechanics don’t use.

200 + - cement flower pots

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Truncated domes

2 brush guards

loudspeaker

Page 34: A G E N D A - Vernal, UT

Old fire extinguisher boxes

Fence section

Truck tarp system

Page 35: A G E N D A - Vernal, UT

Flower watering pump, uses oil

Barrel cart….no use