Transmittal - 4/12/2023ERIN MENDENHALL OFFICE OF THE MAYOR
Mayor
CITY COUNCIL TRANSMITTAL
Date Received: ______________
_____________________________ Date Sent to Council: _________
Lisa Shaffer, Chief Administrative Officer
TO: Salt Lake City Council DATE: 4/12/2023
Darin Mano, Council Chair
FROM: Cindy Lou Trishman, City Recorder
SUBJECT: Elections
STAFF CONTACTS: Olivia Hoge, Election Management Coordinator, olivia.hoge@slcgov.com
DOCUMENT TYPE: Resolution
RECOMMENDATION: Resolution to approve the Interlocal Cooperation Agreement
BUDGET IMPACT: $244,551 Estimated Rank Choice Voting Method, FY 22-23: $35,000, FY 23-24:
$40,000
BACKGROUND/DISCUSSION: The greatest estimated cost for Salt Lake City to participate in Ranked
Choice Voting will be $244,551, which can decrease depending on how many municipalities are participating
in Ranked Choice Voting and how many races will require Rank Choice Voting (this is dependent upon how
many candidates declare in August.) This cost is still lower than the estimated cost of using the Traditional
Voting Method, estimated at $320,608.
In 2021, the final cost for Salt Lake City’s Municipal Election using Ranked Choice voting was $121,948,
which was $35,572 more than the initial estimate of $86,376. To stay true to their estimate, Salt Lake County
only charged $86,376 for the total cost of the election. The 2023 proposed agreement defines that Salt Lake
City will be responsible for any additional charges and that those will be invoiced to the City after the election
if the election exceeds the estimated cost from the County.
Refer to Attachment A for the Interlocal Agreement with Salt Lake County. The costs associated will be
included in the Attorney’s Department budget proposal for Fiscal Year 2023-2024. Attachment B is the
Resolution for the approval of the Interlocal Agreement.
It has been confirmed there will be no state funding available for awareness of Ranked Choice Voting this
election. Any awareness materials must be funded by the City. For fiscal year 22-23, the Recorder’s office is
requesting $35,000 to cover awareness materials and an additional $40,000 in the FY 23-24 proposal provided
the expenses will the incurred between July and October. The request for funding for FY 22-23 is
forthcoming in a budget amendment.
Lisa Shaffer (Apr 12, 2023 14:26 MDT)
04/12/2023
04/12/2023
ATTACHMENT A
County Contract No. CK23116
City Contract No.
D.A. No. 23CIV000146
INTERLOCAL COOPERATION AGREEMENT
between
SALT LAKE CITY CORPORATION
and
SALT LAKE COUNTY on behalf of the
COUNTY CLERK’S ELECTION’S DIVISION
FOR MUNICIPAL ELECTION
THIS AGREEMENT is made and entered into the day of ,
2023, by and between SALT LAKE COUNTY (the “County”), a body corporate and politic
of the State of Utah, on behalf of the Salt Lake County Clerk’s Office, Elections Division;
and SALT LAKE CITY CORPORATION (the “City”) a municipal corporation created under
the laws of the State of Utah.
RECI T A L S:
WHEREAS, the County desires to provide the services of its clerk’s office,
elections division, to the City for the purpose of assisting the City in conducting the City’s
2023 general municipal election;
WHEREAS, the City desires to engage the County for such services; and
WHEREAS, the parties are public agencies and are therefore authorized by the
Utah Interlocal Cooperation Act, UTAH CODE §§ 11-13-101 to -608 (2022), to enter into
agreements to cooperate with each other in a manner which will enable them to make the
most efficient use of their resources and powers.
A G REEM EN T:
NOW THEREFORE, in exchange for valuable consideration, including the mutual
covenants contained in this Agreement, the parties covenant and agree as follows:
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1. Term. The County shall provide election services described below to the
City commencing on the date this Agreement is approved by both parties and terminating
on December 31, 2023. Either party may cancel this Agreement upon thirty (30) days
written notice to the other party. Upon such cancellation, each party shall retain ownership
of any property it owned prior to the date of this Agreement, and the City shall own any
property it created or acquired pursuant to this Agreement.
2. Scope of Work. The services to be provided by the County shall be as set
forth in the Scope of Work, attached hereto and incorporated by reference as Exhibit “A.”
Generally, the County shall perform the listed election functions as set forth in Exhibit “A”
and as needed to ensure implementation of the City’s 2023 general municipal election.
3. Legal Requirements.
a. The County and the City understand and agree that the City’s 2023
general municipal election is the City’s election. The City shall be responsible for
compliance with all legal requirements for that election. The City agrees to
translate ballot issues, if any, into Spanish. The County will provide the remaining
Spanish translations for the ballot and other election materials as required by law.
The County agrees to work with the City in complying with all legal requirements
for the conduct of that election and conduct that election pursuant to the direction
of the City, including any recounts requested by the City under Utah Code Section
20A-4-603, except as provided in this Agreement and Exhibit “A.” The County
agrees to disclose and maintain election results through its website merely as a
courtesy and convenience to the City. The City, and not the County, is responsible
to resolve any and all election questions, problems, and legal issues that are within
the City’s statutory authority.
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b. The County and the City understand and agree that if the County
provides services or resources to conduct an instant runoff voting election as
described in sections 20A-4-603 and -604, UTAH CODE (2022) (“Rank Choice
Voting”), the estimated cost of administering such an election will be provided to
the City at a later time.
c. If the City decides to hold a Rank Choice Voting election, then, in
accordance with Utah Code § 20A-4-602(3)(a), it shall provide the Lt. Governor
and the County notice of its intent to use Rank Choice Voting as its selected
method of voting, no later than May 1, 2023.
d. The County has the full ability to conduct Rank Choice Voting for
races involving no more than 10 candidates. The City therefore acknowledges that
if the County conducts a Rank Choice Voting race involving more than 10
candidates, then the County will be able to count only the first ten valid preference
rankings cast by each voter in that race. The City hereby assumes full risk and
liability for, and agrees to indemnify and hold harmless the County, its agents,
officers and employees from and against, any and all actions, claims, lawsuits,
contests, controversies, challenges, proceedings, liability, damages, losses and
expenses (including attorney’s fees and costs) arising out of or resulting from the
City’s decision to use of Rank Choice Voting in a race involving more than 10
candidates. Moreover, the County reserves the right to refuse to conduct a City
election, or any contest, that includes a Rank Choice Voting race involving more
than 10 candidates. The County’s exercise of such a right shall be effective
immediately upon written notice to the City and shall not be construed as a breach
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of, or an event of default under, this Agreement, and said exercise shall be without
any liability of, or penalty to, the County.
4. Cost. In consideration of the services performed under this Agreement, the
City shall pay the County. The estimated cost of such services shall be provided in
Exhibit “B,” and will be attached hereto and incorporated by reference. The County shall
provide a written invoice to the City at the conclusion of the elections, and the City shall
pay the County within thirty days of receiving the invoice. The invoice shall contain a
summary of the costs of the election and shall provide the formula for allocating the costs
among the issues and jurisdictions participating in the elections. In the case of a vote
recount, election system audit, election contest, or similar event arising out of the City’s
election, the City shall pay the County’s actual costs of responding to such events, based
on a written invoice provided by the County. The invoice amount for these additional
services may cause the total cost to the City to exceed the estimate given to the City by
the County. For such consideration, the County shall furnish all materials, labor and
equipment to complete the requirements and conditions of this Agreement.
5. Governmental Immunity. The City and the County are governmental entities
and subject to the Governmental Immunity Act of Utah, UTAH CODE §§ 63G-7-101 to –
904 (2022) (the “Governmental Immunity Act”). Nothing in this Agreement shall be
deemed a waiver of any rights, statutory limitations on liability, or defenses applicable to
the City or the County under the Governmental Immunity Act or common law. Each party
shall retain liability and responsibility for the acts and omissions of their representative
officers. In no event shall this Agreement be construed to establish a partnership, joint
venture or other similar relationship between the parties and nothing contained herein
shall authorize either party to act as an agent for the other. Each of the parties hereto
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assumes full responsibility for the negligent operations, acts and omissions of its own
employees, agents and contractors. It is not the intent of the parties to incur by
Agreement any liability for the negligent operations, acts, or omissions of the other party
or its agents, employees, or contractors.
6. No Obligations to Third Parties. The parties agree that the County’s
obligations under this Agreement are solely to the City. This Agreement shall not confer
any rights to third parties.
7. Indemnification. Subject to the provisions of the Act, the City agrees to
indemnify and hold harmless the County, its agents, officers and employees from and
against any and all actions, claims, lawsuits, proceedings, liability, damages, losses and
expenses (including attorney’s fees and costs), arising out of or resulting from the
performance of this Agreement to the extent the same are caused by any negligent or
wrongful act, error or omission of the City, its officers, agents and employees and
including but not limited to claims that the County violated any state or federal law in the
provision of election services under this Agreement.
8. Election Records. The City shall maintain and keep control of all of its
records created pursuant to this Agreement and from the elections relevant to this
Agreement. The City shall respond to all public record requests related to this Agreement
and the underlying elections and shall retain its election records consistent with the
Government Records Access and Management Act, UTAH CODE §§ 63G-2-101 to -901
(2022), and all other relevant local, state and federal laws.
9. Service Cancellation. If the Agreement is canceled or terminated as
provided above, the City shall pay the County on the basis of the actual services
performed according to the terms of this Agreement. Upon cancellation or termination of
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this Agreement by either party, the County shall submit to the City an itemized statement
for services rendered under this Agreement up to the time of said cancellation or
termination and based upon the dollar amounts for materials, equipment and services set
forth herein.
10. Legal Compliance. The County, as part of the consideration herein, shall
comply with all applicable federal, state and county laws governing elections. The City
agrees that the direction it gives the County under Utah Code § 20A-5-400.1(2)(a) and
this Agreement shall likewise be in strict compliance with all such applicable laws. The
County shall be under no obligation to comply with any direction from the City that is not
demonstrably consistent with all applicable federal, state and county laws governing
elections.
11. Agency. No agent, employee or servant of the City or the County is or shall
be deemed to be an employee, agent or servant of the other party. None of the benefits
provided by either party to its employees including, but not limited to, workers’
compensation insurance, health insurance and unemployment insurance, are available
to the employees, agents, or servants of the other party. The City and the County shall
each be solely and entirely responsible for its own acts and for the acts of its own agents,
employees and servants during the performance of this Agreement.
12. Force Majeure. Neither party shall be liable for any excess costs if the failure
to perform arises from causes beyond the control and without the fault or negligence of
that party, e.g., acts of God, fires, floods, strikes or unusually severe weather. If such
condition continues for a period in excess of 60 days, the City or the County shall have the
right to terminate this Agreement without liability or penalty effective upon written notice to
the other party.
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13. Notices. Any notice or other communication required or permitted to be given
under this Agreement shall be deemed sufficient if given by a written communication and
shall be deemed to have been received upon personal delivery, actual receipt, or within
three (3) days after such notice is deposited in the United States mail, postage prepaid, and
certified and addressed to the parties as set forth below:
Salt Lake County Salt Lake County Mayor
2001 South State Street, N2-100
Salt Lake City, Utah 84190
and
Ann Stoddard
Admin/Fiscal Manager
Salt Lake County Clerk's Office
2001 South State, Suite S1-200
Salt Lake City, Utah 84190-1050
email: astoddard@slco.org
City
email:
14. Required Insurance Policies. Both parties to this Agreement shall
maintain insurance or self-insurance coverage sufficient to meet their obligations
hereunder and consistent with applicable law.
15. Independent Contractor. Because the County is consolidating election
functions in order to conduct multiple, simultaneous elections on August 15, 2023, and
on November 7, 2023, certain decisions by the County referenced in Exhibit “A” may not
be subject to review by the City. It is therefore understood by the parties that the County
will act as an independent contractor with regard to its decisions regarding resources,
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procedures and policies based upon providing a consistent type, scope and level of
service to all participating jurisdictions made for the benefit of the whole as set forth in
Exhibit “A.”
16. No Officer or Employee Interest. It is understood and agreed that no
officer or employee of the County has or shall have any pecuniary interest, direct or
indirect, in this Agreement or the proceeds resulting from the performance of this
Agreement. No officer or employee of the City or any member of their families shall serve
on any County board or committee or hold any such County position which either by rule,
practice or action nominates, recommends or supervises the City’s operations or
authorizes funding or payments to the City.
17. Ethical Standards. The City represents that it has not: (a) provided an
illegal gift to any County officer or employee, or former County officer or employee, or to
any relative or business entity of a County officer or employee, or relative or business
entity of a former County officer or employee; (b) retained any person to solicit or secure
this contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, other than bona fide employees of bona fide commercial
agencies established for the purpose of securing business; (c) breached any of the ethical
standards set forth in Utah Code Title 10, Chapter 3, Part 13 or section 2.07, Salt Lake
County Code of Ordinances; or (d) knowingly influenced, and hereby promises that it will
not knowingly influence, any County officer or employee or former County officer or
employee to breach any of the ethical standards set forth in Utah Code Title 10, Chapter
3, Part 13 or Salt Lake County ordinance section 2.07.
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18. Interlocal Agreement. In satisfaction of the requirements of the Utah
Interlocal Cooperation Act, UTAH CODE §§ 11-13-101 to -608 (2022), (the “Interlocal Act”),
in connection with this Agreement, the City and the County agree as follows:
a. This Agreement shall be approved by each party, pursuant to section
11-13-202.5 of the Interlocal Act;
b. This Agreement shall be reviewed as to proper form and compliance
with applicable law by a duly authorized attorney on behalf of each party, pursuant
to Section 11-13-202.5 of the Interlocal Act;
c. Any duly executed original counterpart of the Agreement shall be
filed with the keeper of records of each party, pursuant to section 11-13-209 of the
Interlocal Act;
d. Except as otherwise specifically provided herein, each party shall be
responsible for its own costs of any action performed pursuant to this Agreement,
and for any financing of such costs; and
e. No separate legal entity is created by the terms of this Agreement.
No real or personal property shall be acquired jointly by the parties as a result of
this Agreement. To the extent that a party acquires, holds or disposes of any real
or personal property for use in the joint or cooperative undertaking contemplated
by this Agreement, such party shall do so in the same manner that it deals with
other property of such party. To the extent that this Agreement requires
administration other than as set forth herein, it will be administered by a joint board
of the County Clerk and the City Recorder, or their designees. The board members
shall perform their respective duties described in this Agreement. The County
Clerk shall be responsible for the basic operational functions involved in
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conducting the City’s election and shall bring to the City Recorder’s attention any
election questions, problems, or legal issues regarding the election and otherwise
consult with the City Recorder about significant matters or decisions related to the
election. In the event of a disagreement between the City Recorder and the County
Clerk regarding those matters, the County Clerk will have authority to make the
final decision.
f. County and City Representatives.
i. The County designates the County Clerk as the County’s
representative to assist in the administrative management of this
Agreement and to coordinate performance of the services under this
Agreement.
ii. The City has designated the City’s City Recorder as the City’s
representative in its performance of this Agreement. The City’s
Representative is responsible for working with the County to coordinate the
performance of the City’s obligations under this Agreement.
g. Either party may withdraw from the joint or cooperative undertaking
described in this Agreement only upon the termination of this Agreement.
h. Voting by the respective County Clerk and City Recorder will be
based on one vote per party, subject to the County Clerk having final decision-
making authority as described in section 18(e).
i. The functions to be performed by the joint board or cooperative
undertaking are those described in this Agreement.
j. The powers of the joint board are those described in this Agreement.
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19. Counterparts. This Agreement may be executed in counterparts by the City
and the County.
20. Governing Law. This Agreement shall be governed by the laws of the State
of Utah both as to interpretation and performance. All actions including but not limited to
court proceedings, administrative proceedings, arbitration and mediation proceedings,
shall be commenced, maintained, adjudicated and resolved within Salt Lake County.
21. Integration. This Agreement embodies the entire agreement between the
parties relating to the subject matter of this Agreement and shall not be altered except in
writing signed by both parties.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
SALT LAKE COUNTY:
Mayor or Designee
Date:
Recommended for Approval:
Lannie Chapman
Salt Lake County Clerk
Reviewed as to Form:
Deputy District Attorney
Date:
SALT LAKE CITY CORPORATION:
By:
Name:
Title:
Date:
Approved as to Proper Form and
Compliance with Applicable Law:
By: Boyd Ferguson, Senior City Attorney
Date: April 11, 2023
Election Interlocal Agreement 2023_v5
Final Audit Report 2023-04-11
"Election Interlocal Agreement 2023_v5" History
Document created by Olivia Hoge (olivia.hoge@slcgov.com)
2023-04-11 - 6:11:39 PM GMT
Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature
2023-04-11 - 6:12:03 PM GMT
Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com)
2023-04-11 - 7:06:25 PM GMT
Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com)
Signature Date: 2023-04-11 - 7:07:33 PM GMT - Time Source: server
Agreement completed.
2023-04-11 - 7:07:33 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
Created: 2023-04-11
By:
Status:
Transaction ID:
Olivia Hoge (olivia.hoge@slcgov.com)
Signed
CBJCHBCAABAA0bZn1jLj0k38mSmgg8_hQXwlOmIb-RtA
Exhibit “A”
2023 Local District Election
Scope of Work
The Local District agrees to the consolidation of all election administrative functions to ensure
the successful conduct of multiple, simultaneous municipal and local district elections and the
County agrees to conduct a vote by mail/consolidated polls election for the Local District in
accordance with the municipal election.
In a consolidated election, decisions made by the County regarding resources, procedures and
policies are based upon providing the same scope and level of service to all the participating
jurisdictions and the Local District recognizes that such decisions, made for the benefit of the
whole, may not be subject to review by the Local District.
Services the County will perform for the Local District include, but are not limited to:
• Ballot layout and design
• Ballot ordering and printing
• Machine programming and testing
• Delivery of supplies and equipment
• Provision of all supplies
• Election vote center/early vote locations
• Vote by Mail administration
• Updating state and county websites
• Tabulating, reporting, auditing and preparing canvassing election results
• Conducting recounts as needed
• All notices and mailings required by law (except those required by Utah Code Ann. Ch.
11-14, Part 2 and § 20A-9-203)
• Direct payment of all costs associated with the election to include vote center workers,
training, polling places, and rovers.
The Local District will provide the County Clerk with information, decisions, and resolutions and
will take appropriate actions required for the conduct of the election in a timely manner.
The County will provide a good faith estimate for budgeting purposes (Exhibit “B”). Election
costs are variable and are based upon the offices scheduled for election, the number of voters,
the number of jurisdictions participating as well as any direct costs incurred.
The Local District will be invoiced for its pro-rata share of the actual costs of the election which
will not exceed the estimate in Exhibit B. In the event of a state or county special election being
held in conjunction with a municipal or local district election, the scope of services and
associated costs, and the method of calculating those costs, will remain unchanged.
Exhibit “B”
2023 Election Costs
Salt Lake City
Below is the good faith estimate for the upcoming 2023 Municipal Election for Salt Lake City.
Assumptions for providing this estimate consist of the following:
A. Active voters (as of 1/27/2023): 97,286
B. Election for the offices below:
All billing will be based on actual costs.
If your municipality pursues traditional voting, not ranked choice voting (RCV), and has a Primary
Election and a General Election, the estimated cost would be $319,906.
If your municipality chooses RCV for the General Election and cancels the Primary Election, the
estimated cost would be $207,939 for the General Election plus RCV costs (see below).
If your municipality chooses RCV for the Primary Election and holds a traditional voting General Election,
the estimated cost would be $319,906 plus the RCV costs (see below).
RCV Costs will be applied on a sliding scale, see below. If your municipality chooses to hold a RCV
election for either the Primary or the General, the added costs will be dependent upon how many other
municipalities opt into RCV.
As an example, if Salt Lake City is the only municipality to hold a RCV election, the costs would be as
quoted above plus $36,156. You can see if two municipalities choose RCV, your added costs would be
$18,078. (See the chart below for the additional cost depending on how many municipalities participate.)
2023 Offices
Mayor
Council District 2
Council District 4
Council District 6
ATTACHMENT B
RESOLUTION OF 2023
Authorizing approval of an Interlocal Cooperative Agreement between Salt Lake City
Corporation and Salt Lake County regarding the County provided Election Assistance
Services for the City.
WHEREAS, Title 11, Chapter 13, Utah Code allows public entities to enter into
cooperative agreement to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said
purposes;
THEREFORE, BE IT RESOLVED, by the City Council of Salt Lake City, Utah as
follows:
1. It does hereby approve the execution and delivery of the following:
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE
CITY CORPORATION AND SALT LAKE COUNTY, ON BEHALF OF THE
COUNTY CLERK ELECTION DIVISION, EFFECTIVE ON THE DATE IT IS
SIGNED BY ALL PARTIES, REGARDING THE COUNTY PROVIDING
ELECTION ASSISTANCE SERVICES TO THE CITY.
2. Erin Mendenhall Mayor of Salt Lake City, Utah or her designee is hereby
authorized to approve, execute, and deliver said agreement on behalf of Salt Lake
City Corporation, in substantially the same form as now before the City Council
and attached hereto, subject to such minor changes that do not materially affect the
rights and obligations of the City there under and as shall be approved by the Mayor,
her execution thereof to constitute conclusive evidence of such approval.
PASSED by the City Council of Salt Lake City this day of
, 2023.
SALT LAKE CITY COUNCIL
CHAIRPERSON
ATTEST:
CITY RECORDER
APPROVED AS TO FORM:
Salt Lake City Attorney’s Office
2023 Resolution Approving InterlocalAgmt
Final Audit Report 2023-04-11
"2023 Resolution Approving InterlocalAgmt" History
Document created by Olivia Hoge (olivia.hoge@slcgov.com)
2023-04-11 - 10:25:09 PM GMT
Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature
2023-04-11 - 10:25:23 PM GMT
Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com)
2023-04-11 - 10:26:29 PM GMT
Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com)
Signature Date: 2023-04-11 - 10:27:35 PM GMT - Time Source: server
Agreement completed.
2023-04-11 - 10:27:35 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
Created: 2023-04-11
By:
Status:
Transaction ID:
Olivia Hoge (olivia.hoge@slcgov.com)
Signed
CBJCHBCAABAADOUJILskN_k1NDvwVjPdNRyhvtDLusvd
RESOLUTION: Interlocal Memorandum - 2023
Election Services
Final Audit Report 2023-04-11
"RESOLUTION: Interlocal Memorandum - 2023 Election Service
s" History
Document created by Cindy Trishman (cindy.trishman@slcgov.com)
2023-04-11 - 10:35:33 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2023-04-11 - 10:37:50 PM GMT - Time Source: server
Agreement completed.
2023-04-11 - 10:37:50 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
Created:
By:
Status:
2023-04-11
Cindy Trishman (cindy.trishman@slcgov.com)
Signed
Transaction ID: CBJCHBCAABAAlG28eaDdiPPg3kEFfks9zoBcPM8fmo7L