Administration
CHAPTER 1: HANKSVILLE TOWN CODE
SECTION:
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Alterations
1-1-1: TITLE:
Upon the adoption by the Hanksville Town Council, this code of ordinances is hereby declared to be and shall hereafter constitute the official code of ordinances and shall be known and cited as the HANKSVILLE TOWN CODE and is hereby published by authority of the Town Council and shall be supplemented to incorporate the most recent legislation of the Town as provided in section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal documents.
1-1-2: ACCEPTANCE:
This code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this State as the ordinances of Hanksville of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title.
1-1-3: AMENDMENTS:
Any ordinance amending this code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of this code.
1-1-4: ALTERATIONS:
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the Town Council. The Town Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Town Clerk. Any person having custody of a copy of this code shall make every effort to maintain said code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the Town Clerk. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of Hanksville and shall be returned to the office of the Town Clerk when directed so as to do so by order of the Town Council.
CHAPTER 2: SAVING CLAUSE
SECTION:
1-2-1: Repeal Of General Ordinances
1-2-2: Public Ways And Public Utility Ordinances
1-2-3: Court Proceedings
1-2-4: Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES:
Repealer; Exceptions: All general ordinances of Hanksville passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; fee ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from Hanksville; and all special ordinances.
Effect Of Repealing Ordinances: The repeal of the ordinances provided in subsection A of this section shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded.
1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES:
No ordinance relating to streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of the preceding section, excepting as this code may contain provisions for such matters, in which case, this code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
1-2-3: COURT PROCEEDINGS:
Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
Scope Of Section: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Actions Now Pending: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of Hanksville herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of Hanksville under any ordinance or provision thereof in force at the time of the adoption of this code.
1-2-4: SEVERABILITY CLAUSE:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
CHAPTER 3: DEFINITIONS
SECTION:
1-3-1: Construction Of Words
1-3-2: Definitions
1-3-3: Catchlines
1-3-1: CONSTRUCTION OF WORDS:
Liberal Construction: All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the Mayor and Town Council may be fully carried out.
Minimum Requirements: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare.
Computation Of Time: Whenever a notice is required to be given or an act to be done in a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time but the day on which such proceeding is to be held shall be counted.
Delegation Of Authority: Whenever a provision appears requiring the head of a department or some other town officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Joint Authority: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
May/Shall: The word "may" is permissive; the word "shall" is mandatory.
Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number: A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Officers And Employees: Whenever any officer or employee is referred to by title, such reference shall be construed as if followed by the words "of Hanksville Town".
Tense: Words used in the past or present tense include the future as well as the past and present.
Ordinance: The word "ordinance" contained in the ordinances of the Town has been changed in the content of this code to "title", "chapter", "section" and/or "subsection", or words of like import for organizational and clarification purposes only. Such change to the Hanksville ordinances is not meant to amend passage and effective dates of such original ordinances.
1-3-2: DEFINITIONS:
Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
CODE: The town code of Hanksville Town, Utah.
COUNTY: The county of Wayne, State of Utah.
FEE: A sum of money charged by Hanksville for the carrying on of a business, profession or occupation or other activity subject to Town regulation, authorization or limitation.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
STATE: The State of Utah.
TOWN COUNCIL: The Town Council of Hanksville Town, Utah.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
1-3-3: CATCHLINES:
The catchlines of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
CHAPTER 4: GENERAL PENALTY
SECTION:
1-4-1: Criminal Code
1-4-2: Sentencing
1-4-3: Offenses Designated; Classified
1-4-1: CRIMINAL CODE ADOPTED BY REFERENCE:
Except insofar as the application thereof is clearly impractical or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, penalties, provisions and sections of the Utah criminal code, Utah Code Annotated 76, as amended, with a corresponding penalty of infraction, class C misdemeanor or Class B misdemeanor, are hereby adopted by the Town. Any and all violations thereof shall be considered violations of this section and each such violation shall be subject to the penalties provided in section 1-4-1 of this code.
1-4-2: SENTENCING:
Penalty For Violation Of Ordinance, Utah Code Annotated 10-3-703:
Criminal: The Town Council may impose a minimum criminal penalty for the violation of any municipal ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated 76-3-301 or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment.
Civil:
Except as provided in subsection “Aa” of this section, the Town Council may prescribe a minimum civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated 76-3-301.
A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.
Term Of Imprisonment For Misdemeanors, Utah Code Annotated 76-3-204: A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
In the case of a Class B misdemeanor, for a term not exceeding six (6) months;
In the case of a Class C misdemeanor, for a term not exceeding ninety (90) days.
Infractions, Utah Code Annotated 76-3-205:
A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture and disqualification, or any combination.
Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined for a class C misdemeanor.
Fines Of Persons, Utah Code Annotated 76-3-301: A person convicted of an offense may be sentenced to pay a fine, not exceeding:
Class B Misdemeanor: One thousand dollars (1,000 USD) when the conviction is of a Class B misdemeanor conviction; and
Class C Misdemeanor; Infraction: Seven hundred fifty dollars (750 USD) when the conviction is of a Class C misdemeanor conviction or infraction conviction.
Fines Of Corporations, Utah Code Annotated 76-3-302: The sentence to pay a fine, when imposed upon a corporation, association, partnership or governmental instrumentality for an offense defined in this code, or the ordinances of the Town, or for an offense defined outside of this code over which Hanksville has jurisdiction, for which no special corporate fine is specified, shall be to pay an amount fixed by the court, not exceeding:
Class B Misdemeanor: Five thousand dollars (5,000 USD) when the conviction is for a Class B misdemeanor conviction; and
Class C Misdemeanor; Infraction: One thousand dollars (1,000 USD) when the conviction is for a Class C misdemeanor conviction or for an infraction conviction.
1-4-3: OFFENSES DESIGNATED; CLASSIFIED:
Sentencing In Accordance With Chapter:
A person adjudged guilty of an offense under this code or the ordinances of Hanksville shall be sentenced in accordance with the provisions of this chapter.
Ordinances enacted after the effective date of this code which involve an offense should be classified for sentencing purposes in accordance with this chapter, unless otherwise expressly provided.
Designation Of Offenses: Offenses are designated as misdemeanors or infractions.
Misdemeanors Classified, Utah Code Annotated 76-3-104:
Misdemeanors are classified into two (2) categories:
Class B misdemeanors;
Class C misdemeanors.
An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or any ordinance of Hanksville when no other specification as to punishment or category is made, is a Class B misdemeanor.
Infractions:
Infractions are not classified.
Any offense which is made an infraction in this code or other ordinances of Hanksville, or which is expressly designated an infraction and any offense designated by this code or other ordinances of Hanksville which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
Continuing Violation: In all instances where the violation of this code or any ordinance hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to occur.
CHAPTER 5: MAYOR AND TOWN COUNCIL
SECTION:
1-5-1: Meetings Of Town Council
1-5-2: Ordinances, Resolutions and Procedures
1-5-1: MEETINGS OF TOWN COUNCIL:
Regular Meetings: The governing body shall hold twelve (12) regular meetings, which shall be held on the first Thursday of each month at the town hall, which meetings shall begin promptly at six o'clock (6:00) P.M.; provided, that:
If the meeting date is a legal holiday, then the meeting shall be held at the same time and place above described on the next following Thursday which is not a legal holiday;
The governing body may by ordinance provide for a different time and place for holding regular meetings of the governing body.
Special Meetings: If at any time the business of Hanksville requires a special meeting of the governing body, such meeting may be ordered by the Mayor or any two (2) members of the governing body. The order shall be entered in the minutes of the governing body. The order shall provide at least three (3) hours notice of the special meeting and notice thereof shall be served by the Town Clerk on each member who did not sign the order by delivering the notice personally or by leaving it at the member's usual place of abode. The personal appearance by a council member at any specially called meeting constitutes a waiver of the notice required in this subsection.
Open Meetings: All meetings of the governing body shall be held in compliance with the provisions of Utah Code Annotated 52-4-2, relating to open and public meetings.
1-5-2: ORDINANCES, RESOLUTIONS AND PROCEDURES:
The creation of ordinances and resolutions shall be conducted according to the Municipal Ordinances, Resolutions and Procedure section of the Utah Code Annotated 10-3-7 which includes detail on the following:
A. Powers exercised by ordinances (UCA 10-3-701, 702)
B. Form of ordinances (UCA 10-3-704)
C. Effective Date (UCA 10-3-705, 712)
D. Publication and Posting of Ordinances (UCA 10-3-711)
E. Recording, Numbering And Certification Of Passage (UCA 10-3-7713)
F. Resolutions to exercise administrative powers which include establishing (UCA 10-3-717):
water and sewer rates;
fees for Town services;
personnel policies and guidelines; and
regulating the use and operation of the Town property.
CHAPTER 6: ELECTIONS
SECTION:
1-6-1: Primary Election System
1-6-1: PRIMARY ELECTION SYSTEM:
Elections for mayor and council members shall be conducted according to the municipal election section of the Utah Code Annotated 20A-9-404(1) and (2).
This chapter provides for the candidates for mayor and council members to be nominated at a primary election if required. A primary election will be held only when the number of candidates filing for an office exceeds twice the number to be elected. The candidates nominated at the primary election plus candidates that were not required to run in the primary are to be placed on the November ballot.
CHAPTER 7: PURCHASING
SECTION:
1-7-1: Purpose
1-7-2: Definitions
1-7-3: Compliance; Exemptions
1-7-4: Purchasing Agent
1-7-5: Source Selection And Contract Formation
1-7-6: Specifications
1-7-7: Appeals
1-7-8: Ethics In Public Contracting
1-7-9: Contractor’s Requirements
1-7-1: PURPOSE:
Ensure fair and equitable treatment of all persons who wish to, or do conduct business with Hanksville.
Provide for the greatest possible economy in town procurement activities.
Foster effective broad based competition within the enterprise system to ensure that Hanksville will receive the best possible service or product at the lowest possible price.
1-7-2: DEFINITIONS:
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:
BUSINESS: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CHANGE ORDER: A written order signed by the purchasing agent, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the purchasing agent to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accompanied by mutual action of the parties to the contract.
CONTRACT: Any Hanksville agreement for the procurement or disposal of supplies, services or construction.
COUNCIL APPROVED PURCHASES: Any Purchasing Agent for Hanksville who wishes to make a council approved, large open market purchase for the Town may, along with a Purchase Order Number directly assigned to the item, receive funding in the form of a check from the Town Treasurer for the exact amount specified in the Purchase Order for pre-payment.
DIRECT BILLING ACCOUNTS: Any Purchasing Agent for Hanksville who wishes to make a Small or Large Open Market Purchase for the Town may, through the Town Treasurer arrange to have a direct billing charge account for Hanksville set up at a reputable place of business in order to facilitate regular purchases. However, direct rules for Small or Large Open Market Purchases still apply to orders placed for such purchases.
INVITATION FOR BIDS: All documents, whether attached or incorporated by reference, used for soliciting bids.
OPEN MARKET PURCHASE: Any Purchasing Agent for Hanksville who wishes to make anopen market purchase for the Town requires prior council consent regarding the item(s) to be purchased if the purchase exceeds five thousand dollars (5000 USD). Consent must be given by a majority vote of the Council in a public meeting.
LEGAL TOWN PURCHASE: Any purchase made by an Authorized Purchasing Agent which shall be used specifically and only for a town purpose. Any such items may not be used for a personal purpose, and any monies approved and designated for a legal town purchase may not be used for personal purchases.
PERSON: Any business, individual, union, committee, club, other organization or group of individuals.
PROCUREMENT: Buying, purchasing, renting, leasing with an option to purchase, or otherwise acquiring any supplies, services or construction.
PURCHASING AGENT: The person duly authorized by the Town Council to enter into and administer contracts and make written determinations with respect thereto.
PURCHASE DESCRIPTION: The words used in a solicitation to describe the supplies, services or construction to be purchased, and includes specifications attached to or made a part of the solicitation.
REIMBURSEMENT FOR TOWN PURCHASES: Reimbursement in the form of cash or check for Small or Large Open Market Purchases will be made by the Town Treasurer to the Purchasing Agent upon presentation of receipt(s) for item(s) already bought. Payment for any item(s) purchased for which a receipt is not submitted will not be reimbursed to the Purchasing Agent.
REQUEST FOR PROPOSALS: All documents, whether attached or incorporated by reference, used for soliciting proposals.
1-7-3: COMPLIANCE; EXEMPTIONS:
This chapter shall not prevent Hanksville from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.
When a procurement involves the expenditure of federal assistance funds, Hanksville shall comply with applicable federal law and regulations.
1-7-4: PURCHASING AGENT:
The Purchasing Agent shall be responsible to make procurements, solicit bids and proposals, enter into and administer contracts, and make written determination for the Town. The Mayor and/or Town Council and/or the public works director shall act as the Purchasing Agent.
1-7-5: SOURCE SELECTION AND CONTRACT FORMATION GENERAL PROVISIONS:
Purchases Not Requiring Sealed Bids:
Purchases costing less than five thousand dollars (5,000 USD) in total, shall not require bids of any type. Purchases shall not be artificially divided so as to constitute a small purchase under this section.
Purchases costing more than five thousand dollars (5,000 USD) but less than seven thousand five hundred dollars (7,500 USD) in total, shall require two (2) to three (3) telephone/catalog/verbal bids/pricing. Purchases costing more than seven thousand five hundred dollars (7,500 USD) in total, shall require two (2) to three (3) written or advertised bids.
Purchases made through the cooperative purchasing contracts administered by the State Division of Purchasing.
Purchases made from a single-source provider.
Purchases required during an emergency, i.e., an imminent threat to the public health, welfare or safety. However, as much competition as practical should be obtained; and, such purchases should be limited to amounts necessary to the resolution of the emergency.
Purchases Requiring Sealed Bids:
Contracts shall be awarded by competitive sealed bidding, except as otherwise provided by this chapter.
An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding. The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement. Public notice of the invitation for bids shall be given at least fourteen (14) days prior to the date set forth therein for the opening of bids. The notice shall be posted in at least three (3) public places within the Town.
Any procurement in excess of five thousand dollars (5,000 USD) shall require a legal notice shall be posted in at least three (3) public places or forums within the Town.
Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and any other relevant information, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection.
Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for bids.
Correction or withdrawal of inadvertently erroneous bids before and after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of Hanksville or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the purchasing agent.
The contract shall be awarded with reasonable promptness, by written notice, to the lowest bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
Cancellation And Rejection Of Bids:
An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, as may be specified in the solicitation, when it is in the best interests of Hanksville. The reasons shall be made part of the contract file.
Use Of Competitive Sealed Proposals In Lieu Of Bids:
When the purchasing agent determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to Hanksville, a contract may be entered into by competitive sealed proposals. Competitive sealed proposals are most appropriately used for professional service type contracts.
Proposals shall be solicited through a request for proposals (RFP). Public notice of the request for proposals shall be given at least fourteen (14) days prior to the advertised date of the opening of the proposals.
Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared and shall be open for public inspection after contract award.
The request for proposals shall state the relative importance of price and other evaluating factors.
Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
Award shall be made to the person whose proposal is determined, in writing, to be the most advantageous to Hanksville, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
Architect, Engineer Services:
Architect and engineer services are qualification based procurements. Requests for such services should be publicly announced. Contracts should be negotiated by Hanksville based on demonstrated competence at fair and reasonable prices. (Utah Code Annotated 63-56-42 through 44)
Determination Of Nonresponsibility Of Bidder:
Determination of nonresponsibility of a bidder or offeror shall be made in writing. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to the bidder or offeror. Information furnished by a bidder or offeror pursuant to this subsection shall not be disclosed outside of the purchasing division without prior written consent by the bidder or offeror.
Cost Plus A Percentage Of Cost Contracts Prohibited:
Subject to the limitations of this section, any type of contract which will promote the best interests of Hanksville may be used; provided, that the use of a cost-plus-a-percentage-of-cost-contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to Hanksville than any other type or that it is impracticable to obtain the supplies, services or construction required except under such a contract.
Required Contract Clauses:
The unilateral right of the Town to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of contract work.
Variations occurring between estimated quantities of work in a contract and actual quantities.
Suspension of work ordered by the Town.
1-7-6: SPECIFICATIONS:
All specifications shall seek to promote overall economy and best use for the purposes intended and encourage competition in satisfying the Town needs, and shall not be unduly restrictive. Where practical and reasonable, and within the scope of this chapter, Utah products shall be given preference.
1-7-7: APPEALS:
Time Limit For Filing:
Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may appeal to the purchasing agent. An appeal shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts.
Decision:
The purchasing agent shall promptly issue a written decision regarding any appeal, if it is not settled by a mutual agreement. The decision shall state the reasons for the action taken and inform the protestor, contractor or prospective contractor of the right to appeal to the Town Council.
Appeal To Town Council:
The Town Council shall be the final appeal on the town level.
Appeal To Court:
All further appeals shall be handled as provided in Utah Code Annotated 63G-6a-1701 et seq., 63G-6a-1801 et seq., and 63G-6a-1901 et seq.
1-7-8: ETHICS IN PUBLIC CONTRACTING:
No person involved in making procurement decisions may have personal investments in any business entity which will create a substantial conflict between their private interests and their public duties.
Any person involved in making procurement decisions is guilty of a Class B misdemeanor if the person asks, receives or offers to receive any emolument, gratuity, contribution, loan or reward, or any promise thereof, either for the person's own use or benefit of any other person or organization from any person or organization interested in selling to the Town. Violators shall be subject to penalty as provided in section 1-4-1 of this title.
1-7-9: CONTRACTOR’S REQUIREMENTS:
All contractors shall be required to carry and evidence insurance coverage with a standard Acord Certificate of Insurance with minimum limits applicable. Sample Attached
Minimum Insurance Requirements and Limits:
| $1,000,000.00 | Combined Single Limit |
| $1,000,000.00 | Per Occurrence |
Note: All commercial General Liability policies must include Blanket Contractual coverage | $2,000,000.00 | General Aggregate |
| $500,000.00 | Per Accident |
| $5,000,000.00 | Limit |
Note: The total limits for Automobile Liability , Commercial General Liability and Employers’ Liability shown above may be any combination of underlying and Umbrella coverage.
Cancellation or Alteration:
The policies of insurance required by this chapter shall provide that they cannot be canceled or altered in a way changing coverage except after 30 days’ prior written notice by certified mail to the owner.
Worker’s Compensation and General Liability Waiver of Subrogation in favor of the Town shall be required of contractors, manufacturer, and suppliers that will be performing potentially hazardous work for the Town.
Insurance Certificates:
Must be submitted the ten (10) days prior to any work being performed to allow for review of certificates.
Certificates not meeting requirements must be revised and resubmitted within fifteen (15) days or the contractor will not be allowed on the job site.
Additional Insured in favor of the Town:
The Town must be named as the Additional Insured with the following wording appearing on the Certificate of Insurance:
“ The Town of Hanksville and any official, trustee, director, officer, or employee of the Town (plus any older or mortgage as designated by the Town) as to any and all projects, as an Additional Insured for the Commercial General Liability as respects and and all project for any work being performed and this coverage will be primary and noncontributory.”
Receipt of Certificates of Insurance:
All Certificates of Insurance must be sent to the following address within ten (10) days prior to a contractor starting work:
The Town of Hanksville Attention: Office of the Mayor P.O. Box 127 Hanksville, UT 84734-0127 |
Minimum Insurance Carrier
All contractor’s insurance carriers must comply with “minimum” A.M. Best's rating of A-VI for all insurance carriers. The Town’s coverage is excess.