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Resolution - 2009 - 20 - Establishing A Fee To Recover The Actual Labor Costs Associated With Locating And Copying Documents - 09/22/2009 RESOLUTION NO. 09-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING RESOLUTION NO. 08-11 ESTABLISHING A FEE TO RECOVER THE ACTUAL LABOR COSTS ASSOCIATED WITH LOCATING AND COPYING DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Eagle, Ada County, Idaho (the "City"), is a municipal corporation duly organized and operating under the laws of the State of Idaho; and WHEREAS, the City Council desires to comply with all applicable statutes and laws and be fair to those who request voluminous copies of public records and residents of the City of Eagle who provide the finances that pay the wages for City staff, the City Council establishes a rate of charge for such requests of public records. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, as follows: Section 1: That, pursuant to Section l-6A-l.l and Section 1-8-5, Eagle City Code, the City establishes the following charges for black & white and colored copies and transcriptions provided by the City: BLACK & WHITE - UNDER 10 PAGES BLACK & WHITE - 10 + PAGES COLORED COPIES CERTIFIED COPIES OF CITY RECORDS EXTRAORDINARY COPIES (i.e., MAPS, ELECTRONIC MEDIA, OVERSIZED DOCUMENTS TRANSCRIPTION COSTS PROVIDED FREE OF CHARGE TEN CENTS (.10) PER PAGE TWENTY FIVE CENTS (.25) PER PAGE $1.00 PER PAGE (INCLUDES AFFIDAVIT OF CLERK) CHARGED AT THE CITY'S DIRECT COST OF DUPLICATION CHARGED AT THE CITY'S DIRECT COST OF PROFESSIONAL TRANSCRIPTION Section 2: Pursuant to Idaho Code 9 9-338(8)(a), the City establishes charges to be applied to requests for copies of Public Records to recover the actual labor cost associated with locating and copying documents when the request is for more than one hundred (100) pages of paper records; or the request includes records from which nonpublic information must be deleted; or the actual labor associated with locating and copying documents for a request exceeds two (2) person hours. The charge for labor costs to be applied shall be the employee's actual rate of compensation, which includes the employee's salary and benefits. Section 3: The requestor of public records may seek from the City Clerk an estimate of the amount of time and labor costs that may accrue, after the first two hours of work, in fulfilling the public records request. The estimate made by the City Clerk shall be for the benefit of the requestor and is not the final amount owed and due. Any balance due, for copying and transcription charges in excess ofthe estimate, shall be paid to the City. Section 4: The City Clerk shall require the requestor of public records to pay an estimated cost payment in advance for any of the copying or transcription charges established above which are expected to exceed two hours of work. The estimated cost shall be determined by the City Clerk prior to any copying or transaction work performed by City employees. The requestor shall pay the balance of the fee upon the K:\COUNCIL\Resolutions\draft resolutions\Resolution 09-20 revised 9-16-09.doc completion of the copying or transcription work. Any monies overpaid to the City shall be returned to the requestor. Section ~5: This Resolution shall take effect and be in force from and after its passage and approval. Dated thisj7krl day of 5.e~f/1? h..Rr ,2009. , CITY OF EAGLE A ,Idaho ATTEST: .1Qc~-" Ie ~~,..J SHARON K. BERGMANN CITY CLERK/TREASURER ",....."" ", ," ........ . 0 I", ..~ ........" J".. "'., .:. ~ ... lL6,.. 9': ~ : C"'-l .. , ~ "\ Q';.. ~ ~ : ,: ~ ....... '("',Le. u,... : : ~~. <' ,4!{~. 0 : - ... ,..; .....,.- - LlJ. - · r~"\ ;;:. r" .. : . 0 , ~ .Q:'. w..; : :. 'J~ ~ t>' tfj 0: f-., : 0:. <0.. r? ~v. "\': __ .. 0 .... , .. ~ .. fIJ -('. V ._ ('.... ~, . ",......... '?.... , '< ...,. " '" v . ...... 'I, ,," ",,,.....', K:\COUNCIL\Resolulions\draft resolutions\Resolution 09-20 revised 9-16-09.doc