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HomeMy WebLinkAbout2016-10-25E CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 25, 2016 at 6:00 PM 6:03PM 1. Roll -Call Attendance X Anne Little Roberts O Joe Borton Arrived at 6:17pm O Ty Palmer X Keith Bird X Genesis Milam _X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Michael Davey Pearson — Meridian Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved as noted A. Approve Minutes of October 11, 2016 City Council Regula -r Workshop Meeting B. Approve Minutes of October 18, 2016 City Council Special Pre -Council Meeting C. Approved Minutes of October 18, 2016 City Council Regular Meeting D. Final Plat Approval for Paisley Meadows (H-2016-0117) Located at 2180 E Amity Road by Hayden Homes, LLC E. Approval of Award of Bid and Agreement to SUNSHINE LANDSCAPE for the "TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING" project for a Not -To -Exceed amount of $70,562.00. F. Approval of Contract Amendment No. 1 to extend the contract for "Sodium Hypochlorite" to Oxarc, Inc. in the Not -To -Exceed amount of $90,000.00. G. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to BHS Specialty Chemical Products, Inc. in the Not -To -Exceed amount of $100,000.00. Meridian City Council Meeting Agenda Tuesday, October 25, 2016 — Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not -to -Exceed amount of $50,000 Service Agreement with St. Luke's Regional Medical Center, Ltd. for Wellness Services J. Services Agreement with Idaho Chapter of the American Foundation for Suicide Prevention K. First Amendment to Commercial Real Estate PSA for Well #9 Lot Expansion L. Approval of Task Order 10625.a to Hydrologic Inc., for the "Well 15 Reconstruction Design" for a Not -To -Exceed Amount of $51,000.00 M. Approval of Award of Request for Proposal and Agreement to Valcom Salt Lake City, LC for the "City of Meridian City Council Chambers Technology Replacement" Project for a Not -To -Exceed Amount of $299,632.93 Moved to Item 6M 6. Items Moved From the Consent Agenda M. Approval of Award of Request for Proposal and Agreement to Valcom Salt Lake City, LC for the "City of Meridian City Council Chambers Technology Replacement" Project for a Not -To -Exceed Amount of $299,632.93 Approved 7. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are . allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for SECOND READING: Ordinance No. 16-1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. Third reading scheduled for November 1, 2016 Meridian City Council Meeting Agenda Tuesday, October 25, 2016 — Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Hearing Continued from August 23, 2016 for Browning Plaza (H- 2016-0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane Approved 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat C. Public Hearing Continued from june 28, 2 August 23, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise- Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane Application withdrawn Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane D. Public Hearing for TM Crossing (H-2016-0116) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and 1-84 Approved 1. Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineers Signature on the Final Plat for Phase I 8. Department Reports A. Public Works: Update on Meridian's Petition to the Idaho Department of Water Resources to establish an Area of Drilling Concern for Source Water Protection B. Approval of Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 Approved 9. Future Meeting Topics Adjourned at 7:05pm Meridian City Council Meeting Agenda Tuesday, October 25, 2016 — Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to Agenda: None Item #7B: Browning Plaza (H-2016-0008) Application(s):  Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 38 acres of land, zoned C-G, located west of Meridian Road on the south side of Waltman Lane at 505, 521, 615, and 675 W. Waltman Ln. History: A preliminary plat was approved in 2008 that consisted of 40 building lots and 2 common lots for Browning Plaza. Three (3) previous time extensions have been approved for this plat. A final plat has not been submitted for this property. Summary of Request: The applicant requests a 2-year time extension on the preliminary plat in order to obtain the City Engineer’s signature on a final plat. With all extensions, the Council may require the preliminary plat to comply with current provisions of the UDC. As a provision of the subject time extension, staff recommends future development is required to comply with the design standards in effect at the time of development. Written Testimony: Shawn Nickel, Applicant’s Representative – In agreement w/staff report (he is unable to be here tonight and requested that if Council needs testimony from him, that the project be continued to the November 22nd meeting. Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0008, as presented in the staff report for the hearing date of October 25, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0008, as presented during the hearing on October 25, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0008 to the hearing date of October 25, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #7C: Waltman Property (H-2016-0038) Application(s):  Development Agreement Modification The applicant’s Representative, Shawn Nickel, requests withdrawal of this application per his email to staff on October 21st, 2016. Item #7D: TM Crossing (H-2016-0116) Application(s):  Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 75+ acres of land, zoned C-G, located at the NEC of I-84 and S. Ten Mile Road. History: A preliminary plat was approved by Council in 2012 and consisted of 50 commercial building lots & 4 common lots. One previous 2-year time extension was approved by the Director for the plat. Summary of Request: The applicant requests approval of a 2-year time extension to continue obtaining signatures on the obtain the City Engineer’s signature on the final plat. A final plat was recently approved by Council for the first phase of development & the applicant is currently in the process of obtaining signatures on the plat. With all extensions, the Council may require the preliminary plat to comply with current provisions of the UDC. As a provision of the subject time extension, staff recommends future development is required to comply with the design standards in effect at the time of development. Written Testimony since: Mike Wardle, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0116, as presented in the staff report for the hearing date of October 25, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0116, as presented during the hearing on October 25, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0116 to the hearing date of October 25, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 11, 2016 City Council Regutew-Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Workshop October 11, 2016 Page 57 of 57 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) l? MAYOR(T Y DE WEERD ATTEST: ES, CITY CLERK 10 / )-5 / ;016 DATE APPROVED QORATE0 AVc G�� GSA 2' E IDIA ,- SEAL �/ Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 18, 2016 City Council Special Pre -Council Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Special Meeting October 18, 2016 Page 2 of 2 Roll Call Vote: Little Roberts, aye; Palmer, aye; Cavener, absent; Bird, aye; Milam, absent; Borton, aye;. De Weerd: All ayes. We are in executive session. MOTION CARRIED: ALL AYES. (Executive session at 4:31 to 6:01 P.m.) Bird: Move to come out of executive session. Borton: Second. DeWeerd: Motion and a second to come out of executive session. All in favor? MOTION CARRIED: ALL AYES. Bird: Move to adjourn. Borton: Second. DeWeerd: Motion and a second to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY De WEER—a---- DATE APPROVED ATTEST: dO'V�kpTED AVGU� C v of C.JAY CO S, CITY CLERK E MIAN � OAHO m �� SEAL �/ Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approved Minutes of October 18, 2016 City Council Regular Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council October 18, 2016 Page 35 of 35 old prescriptions in as well. So, do it all in one big swoop. Economic Excellence Breakfast hosted by the Chamber on Tuesday, the 25th, from 7:30 to 9:00 at the West Ada School District room and you need to register in advance. And the town hall meeting on Wednesday, the 26th, at 6:34 at the Compass Charter School on Ten Mile and Cherry. It's on Cherry Lane near Ten Mile. Council, I did also give you a packet of information about the United Way Drive presentations that are next week and we have a series of events that we will be trying to raise funds for the city -- it's Care For Others Campaign and we will be having traveling root beer floats, cakewalk, a pancake breakfast. We would love to have you come and join us in preparing breakfast for staff members and those standing in line at early voting, they will have an opportunity to buy breakfast to go to a good cause. We have all kinds of -- there is raffle prizes and a silent auction. If you'd like to donate an item for the silent auction also to benefit United Way, we would love to have you join us and contribute. So with that said -- if there are any questions I would be happy to answer them. Otherwise, I would entertain a motion to close -- I mean to adjourn. Bird: So moved. Milam: Second. De Weerd: I have a motion to close -- to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10/,�y/ -2Q Z& DATE APPROVED Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5D PROJECT NUMBER: H-2016-0117 ITEM TITLE: Paisley Meadows Final Plat Approval for Paisley Meadows (H-2016-0117) Located at 2180 E Amity Road by Hayden Homes, LLC MEETING NOTES 9 UPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Award of Bid and Agreement Approval of Award of Bid and Agreement to SUNSHINE LANDSCAPE for the "TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING" project for a Not -To -Exceed amount of $70,562.00. MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 10/13/2016 Re: October 18 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 18 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to SUNSHINE LANDSCAPE for the “TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING” project for a Not-To- Exceed amount of $70,562.00. Recommended Council Action: Award of Bid and Approval of Agreement to Sunshine Landscaping for the Not-To-Exceed amount of $70,562.00. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final NA Goodstanding PWC-C-15128-B-Y 2/28/2017 I. PROJECT INFORMATION 9/30/2016 3/1/2017 2016 8/16/2016 Parks Ten Mile Interchange Median South - Landscaping V. BASIS OF AWARD 9/16/2016 September 23, 2016 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION October 13, 2016 October 18, 2016 Council VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 10/13/2016 Award based on Low Bid Highest Ranked Vendor Selected $75,000 Mike Barton If yes, has policy been purchased? Sunshine Landscape / Jensen Belts, Bruce Taylor III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5200 93406 10706.a TASK ORDER RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION' TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING PROJECT # 1.0706.a THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, SUNSHINE LANDSCAPE, INC. hereinafter referred to as "CONTRACTOR", whose business address is PO Box 724 Meridian ID 83680 -and whose Public Works Contractor License # is C=15128 -B-4. INTRODUCTION Whereas, the City has a need for services involving TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows:i TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product preparedor produced by the Contractor under this Agreement, including without limitationielectronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part'thereof, in any manner and for any purposes whatsoever and to authorize othersto do so. If any such work is copyrightable, the Contractor may copyright the same', except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 1 of 13 Project 10706.a represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $70,562.00 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 2 of 13 Project 10706.a 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 75 (seventy-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 80 (eighty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred and fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 3 of 13 Project 10706.a Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-19011 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 4 of 13 Project 10706.a 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically a reel that it will maintain throu host the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and Fold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses, 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers, Any insurance or self-insurance maintained by the City TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 5 of 13 Project 10706.a or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein, 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 1010% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 6 of 13 Project 10706.a between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 7 of 13 Project 10706.a representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and Vil of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 8 of 13 Project 10706.a 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 9 of 13 Project 10706.a 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed.. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Sunshine Landscape, Inc. Purchasing Manager Attn: Levi Duckett 33 E Broadway Ave PO Box 724 Meridian, ID 83642 Meridian, ID 83680 208-489-0417 Phone: 208-884-8036 Email: levi@sunshinelandscape.net Idaho Public Works License #PWC -C -15128-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 10 of 13 Project 10706.a CITY OF MERIDIAN BY: TAI Dab SUNSHINE CAPE, INC. BY:77777 b1i Approved by Council: GID t / // )0 ��PORATEOq&'G •t'G Gs� Attest: ' L Illof 4 C. JAY C LES ITY CLERK m2 S�q"o a Purchasing Approval BY: KEITH TTS, Purchasing Manager Dated: - �� ,2 6 - /�2 Project Manager Mike Barton/Roger Norberg Departme t A BY: MIKE BA N, Parks Superintendent Dated:: (C _ �-L- TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 11 of 13 Project 10706.a EXHIBIT SCOPE OF WORK REFER TO INVITATION TO BID PW -1654-10706.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1654-10706.a are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Plans/Drawings — Ten Mile Interchange Median South - Landscaping by .Jensen Belts Associates dated April 2012 (3 pages) • Technical Specifications and Special Conditions by City of Meridian dated August 2016 (3 pages) TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 12 of 13 Project 10706.a Exhibit B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $70,562.00. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 73 of 13 Project 10706.a Bond No. Sunshine Landscape, Inc. PO Box 724 Meridian, ID 83642 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 September 28, 2016 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Developers Surety and Indemnity Company Raymond L. Wolfe Attorney-in-Fact Sunshine Landscape, Inc. Levi Duckett President The Hartwell Corporation PO Box 400 208-459-1678 Developers Surety and Indemnity Company Ten Mile Interchange Median South - Landscaping. September 28, 2016 X Caldwell, ID 83606 , 758583 Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 92623 Irvine, CA 92623 PO Box 19725 Sunshine Landscape, Inc. PO Box 724 Meridian, ID 83642 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 September 28, 2016 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Developers Surety and Indemnity Company Raymond L. Wolfe Attorney-in-Fact Sunshine Landscape, Inc. Levi Duckett President The Hartwell Corporation PO Box 400 208-459-1678 Irvine, CA 92623 Developers Surety and Indemnity Company PO Box 19725 September 28, 2016 X Caldwell, ID 83606 , 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Bond No. 758583 Ten Mile Interchange Median South - Landscaping. Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 92623 ,--,ACORD COVERAGES SUNSLAN-OI THILLESLAND DAIE IIXIID'YYYY) 913012016 THIS CERTIFICATE IS ISSUED AS A I{ATTER OF II{FOR ANON OiILY AI{D COI{FERS I{O RIGHTS UPOI{ THE CERTIFICATE HOLDER THIS CERTIFICATE DOES T{OT AFFIRiIATWELY OR NEGANVELY AME}ID, EXTEI{D OR ALTER THE COVERAGE AFFORDED BY ?HE POUCIES BELOW. TH|S CERTTRCATE OF T SURANCE DOES NOT COt{SrmJTE A COi{TRACT BETWEET{ THE tSSUt}aG TNSURER(S), AUTHORTZED REPRESEi{TATIVE OR PROOUCER, ANO THE CERTIFICATE HOLDER. lrrPORTAt{T: ll lho canmc.b holder b an AODITIOI{AL INSUREO, tho pollcy(16.} murt be ondorsed. lf SUBROGAnO IS WAIVED, subloct to lhe toms and condltions ol thg pollcy, c.rtaln pollcle! may roquhe an ondonBomgnt A st tom.nt on thb ce lfk lo does nol contot dght! to lhg certlllc.te holder ln lleu o, ruch ondo6omgn(!). PROOUCER The Harlwell Co,poratlon PO Box ,100 Caldwell, lO 83506 INSURED 208 459-1578 204 151-1111 rtwel AFFOROII{G COVERAGE r,rsuREr ^:Tho cincinnati lns co 10677 INSURERA INSURER C IT.ISURERO INSURER E ,ISt'RERF CERTIFICATE OF LIABILITY INSURANCE Clty ol }loridian 33 East Eroadway Avonuq t oridian, lD E3642 SHOULD A}IY OF THE ABOVE DESCRIBED POUCES AE CAXCELLEO BEFORE THE EIPIRAIION OAIE II{EREOF, iIOIICE fiLL BE DELTVERED II{ ACCORDAI{CE WTTH THE POLICY PROVISIO}IS. AUTHORlzED REPRESENTATIVE 2iL1/ /1 CERTIFICATE HOLDER CERTIFICATE NUMBER:REVISION NUMBER: CANCELLATION O'1988-2014 ACORD CORPORATION. All rights reserved. The ACORD namo and logo aro registered marks ofACORD POUCYEIP tNso POUCYNUMBER THIS IS TO CERTIFY TIIAT THE POLICIES OF INSURANCE LISTED BELOW I.IAVE BEEN ISSUED TO THE INSUREO MTTIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIREMENT. IERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMEMT WTH RESPECT TO T^,TIICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOT/YI{ MAY }IAVE BEEN REDUCED BY PAIO CLAIMS. IJMlls EACH OCCURRENCE PREMISES (tu odrenc6) t I 1,000,000 500,000 MED ExP (Any oi\€ p€Bon)10,000I PERSONAL & AOV INJURY 1,000,0005 GENERAL AGGREGATF 2,000,000 PROOUCTS . COMP/oP AGG 2,000,000I 03/01/2016 o!01t2017 t COM ERCIAL GENERAL I-IABUTY cLArMs-lrADE [ *"r" GEN'LAGGREGATE UMIT APPLIES PER x x PRG flJECT L ]LOCPOLICY OTHER: x x EPP 01E2211 A COMEINED SINGIE ITMIT BODILY INJURY (Psr person) BOOLY INJURY (Per a.ci.,€n0 r,000,000, $ s I ; EBA 0182214 03t01t2017A AUTOT'OSIL! LI,ABIU'Y AfL O!"IED AUTOS HIREOAUTOS SCHEUJLED AUTOS NON4VINEO AUTOS x 1,000,000$x EACIlOCCURRENCE AGGREGATE 't,000,000sx UTIBRELIA UAB EXCESSTAB OCCUR ctttMs-LAoE EPP 0182214 03/01/2016 03101t2017 5 A oEo STATUTE OTH. ER E,L EACHACCIDENI E,L DISEASE, EA EMPLOYEE E L OISEASE. POLICY IIMIT $ I 5 woRxERs c(xPEt{s lloN IID EXPLOYERS' LIAIIUTY ANY PROPRIETOR,PARINER/EXECUNVE OFFICER/MEMSER EXCLUDED? DEscRrPTtoN oF oPERATtoNS b.td DESCR ION OF OPERATKIiaS / LOCAIOT{S ' VElllCLE3 I CORO lo',l, AddltiomlRmrt Llldrll. my b..trr.h.d I '!m.r.o L Dqdcd} The City ot lroridi.n is n.med .ddition.l insured in rcgad3 to General Li.bility per rorn GA233 02./07 (providod) Wriver ot Subrogrtion applies P,oiect Ten ile lnte.ch.nge Median South. Landlc.ping ACORD 25 (20lillo'l) SunghlrE Landrc.pe lnc ?O Box 74 erldl.n, lD 836,42 DRLoPERiloAEIc- 03/01/2016 f ll",rl I ttt THIS ENDOBSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the follovring C,OMMERCIAL GENERAL UABILTTY COVERAGE PAFT A, Endorsemenl - Table ol Conlents: Coveaaoe: Employee Benefit Liability Covorage ............ Unintentional Failure to Disclose Hazards -... Damage to Premises Rented to You.,. ......... Supplementary Payrnents ........ .... Beoins on Pace: 1. 2. 3. 4. 5, 6. 7. 8. 9. 2 7 8I 9 Waiver of Subrogation . Automatic Additional lnsured - Specified Relaticnships: ..............- Managers or Lessors of Premises: Les€or of Leased Equipment; Vendors; State or Political Subdivisions - Permits Flelating to Premises; Siate or Political Subdivisions - Permits, and Contractors' Operalions 10. Broadened Conbactual Liability 'Work Within 50'ol Railroad Property ..... 11. Property Damage to Bonowed Equipment-........ 12. Employ€€s as lnsureds - Specified Health Care Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notic€ of Occunence........................ Medical Payments Voluntary Proporty Damage (Cov€rage a.) and Care, Cuslody or Conlrol Liabilily Coverage (Coverage b.).......................... l80 Day Coverage lor Newly Formed or Acquired Organizations..........-.. Seryices: ..... 14 ......14... 14 14 B. Umits ol ln3urancc: The Commercial General Liability Limits of lnsurance apply to the insurance provided by this endorse- ment, excepl as provided belonr: 1. Employee Benofil Liability Cov.ragc Each Employee Limit S 1,000,000 Aggregate Limit: $ 3,000,000Deductible: $ 1,000 3. Damage lo Premises Henl€d to You Th6 lesser of: a. The Each Occurrencs Limit shown in he Declarations; or b, $500,000 unless otheMise stated $ 4. Supdementary Paymenls a. Bail bonds. $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expanse Limit: $ 10,000 lncludes copyrighted material of lnsurance Sarvices Office, lnc., with its permission.GA 233 02 07 Page 1 ol 15 9 6. Volunlary Proporty Damage (Coverage a.) and Gare, Cuslody or Control Liabilily Coverage (Coverage b.) Limits ol lnsurance (Each Occunence) Covsrage a. $1,000 Coverage b. $5,000 unless olherwise stated Deduclibles (Each Occunence) Coverage a. $250 Coverage b. $25O unless otherwisa stated 11. Property Damage lo Borrowed Equipmcnt Each Occunence Limit. $ 10.@0Deductibl€: $ 25o $_ COVERAGE PREMIUM BASIS (a) Area (b) Payroll(c) Gross Sales (d) Units(e) Other RATE (For Limits in Excess ol $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,ooo) b. Care, Custody or Contol $ TOTAL ANNUAL PREMIUM $ C. Coverages: 1 Employee Ben€fit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benetil Liabilily Coverage. (1) lnsuring Agreement (a) We will pay hoss sums lhat the insured becomes legally obligat€d lo pay as dam- ages caused by any act, eI- ror or omission of h€ in- sured, or of any other per- son lor whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the righl and duty to defend the in- sured against any 'suit' seeking those damages. However, we will have no duty to defend against any "suit' seeking damages lo which this insurance does not apply. We may, al our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III . UMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up tre ap- plicable limit of insur- ance in the paymenl of iudgments or settle- m6nts. No oher obligation or liabiF ity b pay sums or perlorm acts or services is covered unless explicitly provided lor under Supplemontary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli- genuy committed in the "adminiskation' of your "employee benefit pro- gram'; and 1) Occurs during the pol- icy penod; or 2) Occurred prior lo the eflectlve date of his endorsement provided: a) You did not have knowledge of a claim or "suit" on or b€forg he st fective date of this endorsement. You will be d6em€d lo have knowledge ol a claim or 'suit"when any 'authorized repre- sentative"; lncludes copyrighted material of lnsurance Services Oflice, lnc.. with its permission.GA 233 02 07 Page 2 ol l5 $_ i) Reports all, or any part, ol tre act, error or omission to usor any olher tnsurer: ii) Receives a written of ver- bal demand or claim for dam- ages because of the act, er-ror ol omis- sion: and b) There is no otrer applicable insur- anc,e. (2) Exclu3ions This insurance does not apply lo: (a) Bodily lniury, Properly Damage or Personal and AdYertiting lniury "Bodily in1ury', "property damage" or -personal and advertising iniury'. (b)obhonesl, Fraudulenl, Criminal or Malicinus Act Damages arising out of anyintentonal, dishonest, lraudulent, criminal or mali- cious act. enor or omission, committad by any insured, includino the lr/illful or reck- less vio[ation of any statute. (c) Failure to Psrlorm a Con- lract Damages arising out of lail. ure of performance of con- tract by any insurer. {d) lnsulficiency ol Funds Damages arising out of an insulficiency of funds to meet any obligalions under any plan included in lhe"employee benefit pro- gram' (e) lnadequacy ol Perform- ance ol lnvealmenl / Ad- vice Given With Respect lo Participalion Any claim based upon: 1) Failure ol any invest ment to perform, 2) Enors in providing in- formation on past per- lormance of investm6nt vehicles; or 3) Advi<- given to any person with respect to frat person's dacision to participate or not to participate in any phn included in the "em- ploye-e benefit pro- gram . (0 workers' Compensation and Similar Lawt Any claim arising out of your tailure to comply witr the mandatory provisions of any wor*ers' compensation, unemployrnenl compensa- tion insurance, social secu- rity or disability benefits hw or any similar law. (g) EBISA Damages lor which any in- sured is liable because ol lhbillly imposed on a fiduci- ary by the Employee Re- tirernent lncome Security Act ol 1974, as now or herealter amended, or by any similar federal, state or local laws. (h) Available Benefils Any chim for benelits to the extenl that such benefits are available, with reason- able affort and cooperalion ol the insured, trom the ap- plicable funds accrued or other collectible insurance. (i) Taxee, Fines or Penalties Taxes, fines or penalties, incbding those imposed under the lntsmal Revenue Code or any similar state or locallaw. 0) Employmenl-Related Praclices Any liability arising oul o, any: (1) Retusal to employ; (2) Termination of em- ploym€nt; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment" humiliation, discrimina- lion or other employ- GA 233 02 07 lncludes copyrighted malerial ol lnsurance Services Offrce, lnc., witr its p€rmission.Page 3 ol15 ment-related practic€s, acts or omissions; or (4) Consequential liability as a result of (1), {2) or (3) abovo. This exdusion applies wheher he insured may be held liable as an amployer or in any other capacity and to any obligalion to share damages with or repay sornsone else who must pay damages because ol the iniury. (3) Supplomentary Paym6nts SECTION I - COVEBAGES, SUPPLEMENTARY PAY. MENTS.COVERAGESAAND B also apply to lhis Coverage. b. Who b an lnsured As resp€cts Employee Benefit Liabil- ity Cov€rage, SECTPN ll - WIP lS AN INSURED is d€let6d in its en- tirety and replaced by he following: (1) ll you are dasignated in the Declaration s as: (a) An individual,,you and your spouse are insureds, but only with respect to he conduct of a business o, which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part ners, and their spouses ars also insureds but only with respect to the conduct ot your business (c) A limited liability company, you are an insured. Your rnembers are also insureds, but only wittr respect lo the conducl of your business. Your managers are in- sureds, but only with re- spect to heir duties as your mana9ers. (d) An organization oth€r than a parhership, joinl venture or limitsd liability company, you are an insured Your 'exectttive oftbers" and di- rectors are insureds, but only wilh respect to th6ir duties as your officers or di. rectors Your stockhokjers are also insureds, but only with rospect to their liability as stockholders. c, lncludes copyrighted material ol lnsurance Services Otfice, lnc., with its pormission. (o) A trust, you are an insured. Your tuslees are also in- sureds, but only with re- spect b their duties as trustees. (2) Each ol the following is also an insured: {a) Each of your 'employees" who is or vi,as authorized to administer your "employee benefit program'. (b) Any persons, orgafiizationsor 'employees" having proper temporary auhori- zation to administer your 'employee benefit program' if you die, but only until your legal representativo ls ap- pointed. (c) Your legal representative il you die, but only with re- specl to duties as such.That repres€ntative will have all your rights and du- ti€s under this Coverage Part. (3) Any organization you newly ac- quire or form, oher than a part- nership. ioint ventuIe or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named lnsured if no other similar insuran@ applies to that organizafnn. However, cover- age under this provision: (a) ls afforded only until the 180th day atter you acquire or form the organization or the end ot the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission ttat was committed belore you ac. quired or formed lhe or' gan zalion. Limits of lneurance As respects Employee Benefit Liabil- ity Coverage, SECTPN lll - LllrlTS OF INSURANCE is deleted in its en- tirety and replac€d by the follort ing. (1) The Limits of lnsurance shown in Section B. Limils ot lnsur- ance, 1. Employee Benetil Li- abilily Coverage and lhe rules below fix tre most we will pay regardless of the number ol (a) lnsureds; GA 233 02 07 Page 4 ot 15 (b) Claims made or "suits' brought; (c) Persons or organizations making claims or bringing 'suits'; (d) Acts, enors or omissions: or (e) Benefits included in your 'employee benefit pro- gram". (2) The Aggregate Limit shown in Section B. Umite of lneurance, 1. Employee Bonelil Liability Coverage of this endorsement ls the most we will pay lor all damages because of acls, er- rors or omissions negligenty committ€d in the 'administra- tion" of your 'employee benefit program". (3) Subiect to the limil described in (2) above. the Each Employee Limit sho$/n in S€ction B. Limitsol lnsurance, 1. Employee Benefil Uability Goverage of this endorsement is the most \ e will pay for all damages sus- tainsd by any one "employee-, including damages sustained by such'employee's' dspendenb and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, er- rors or omissions, regard- l€ss of the amount of time lhat lapses between such acts, errors or omissions, negligenty committsd in fle 'administration" ol your "em- ploy€e benelit program'. How6ver. the amount paid un- d€r this endorsement shall not exceed, and will be subiect to the limits and restictions that apply to the payment of benefits in anv olan included in the "em- ploye'e'benefit program'. ({) Deductible Amounl (a) Our obligation to pay dam- ages on behall ol lhe in- sured applies only to the arnount ol damages in ex- cess o[ the deductrble amount stated in the Decla- rations as applicabl€ to Each Employee. Ths limits ol insurance shall nol bo rsducod by lhe amount ol ttis deductible. (b) The deductibb amount stated in tre Declarations applies to all damages suslained by any one "em- ployee-, including such 'employs€'s" dependents and beneficiaries, because of all acts, enorc or omis- sions to which this insur- ance applies. (c) The lsrms ol this insurance, including those with respect to; 1) Our right and duty to defend ths insured against any "suits" seeking those dam- ages; and lncludes copyrilhtad material of lnsurance Services Offic€, lnc., w'tr its permission. Your duties, and the duties ot any olher in- volved insured, in the event of an act, error or omission, or claim, 2l apply inespeclive of the application ol he deductible amount. (d) We may pay any part or all of the deductible amount to effect settement of any claim or "suit' and, upon notification of he aclion taken, you shall promPdy reimburse us for such Part ol the deduclible amount as we have paid. d. AddilionalConditims As respects Employee Eenetit Li- ability Coverage, SEC]ION lV - COMIIERCIAL GET'IERAL UAAIL- lTY CONDIT|ONS is amended as lollows: (1) ltom 2. Dutiee in lhe EYGnt ol Occuttcncc, Ottan66, Claim or Suil is deleted in its entirety and replaced by the following: 2. Duties ih lhe Event ol an Act, Efto1 oI Omission, or Claim or Suil a. You must see to it hat we are noti- fied as soon as practicabl€ of an act, error or omission which may result in a claim. To lh€ extent possible, no- tice should include: (1) What tha act, error or omission was and when it occurred, and (2) The names and addrsss€s of anyone who may sutfer dam- ages as a result ol the act, enor or omlsslon Pago 5 ol 15GA 233 02 07 b. lf a claim is made or 'suit- is broughl againsl any insured, you must: (1) lmm€diately record the specifics ol the claim or "suit' and the dale received; and (2) Notfy us as soon as practicable. You must see to it thal we receive written notice of he claim or "suit' as soon as practicable- c. You and any oher involved insured musl: (1) lmmediately send us copies of any demands, nolices, sum- monses or legal papers re- ceived in connection wifr the claim or 'suit"; (2) Authorize us to obtain records and oher information; (3) Cooperate witr us in the investi- galion or settlernent of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the €nlorcemenl ol any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to whrch this insur- ance may also apply. d. No insured will, except at hat in- sured's own cost, voluntarily make a payrnent, assume any obligation. or incur any expense withoul our con- sent. (2) ltem 5, Olher lnsurance is de- leted in its enlirety and rsplaced by the following: 5, Olher lnsurance lf other valid and collectible insurance is available to tre insured for a loss we cover undsr this Coverag€ Part, our obligauons are limited as lollows: a. Primary lnsurance This insurance is pri- mary except when c. below applies. IJ this tnsurancs ts pnnary, our oblEations are not affected unless any of the other insurance is also primary. Then, we will share with all that oher insurance by the method described in b. below. b. Method o, Sharing lf all of the other insur- ance permits contibu- tion by equal shares,we will lollow tris method also. Under this approach each in- surer conhibutes equal amounts until it has paid ils applicable limit of insurance or none olttre loss remains, whichever comes first. ll any of he other in- surance does not per'mit contribulion by equal shares, we will conbibuts by timits. Under this method, eaoh insurer's share is based on the ratio of its applicable limit of in- surance to []e total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which he insured is entitled to recovery un-d6r any other insur- ance rn force previous to the etfective date of this Coverage Part. e, Additionalllefinilions As resp€cls Employee Benelil Li. abilily Coveralre, SECTION V - DEFINITIONS is amended as fol- lows: (1) The lollowing delinitions are added: 1.'Adminisfation'means: a. Provijing inlormation lo 'employees", including their dependents and beneficiaries. wih re- spect to eligibility tor or scope ol "employee benefit programs', b. lnterpretng theployee benefit grams''; 'em- pro- Handling connection "employee grams', or records inwith he benefit pro- c d E{fecting, continuing or terminating any "em- ployee's" participation lncludes copyrighted material of lnsurance Services Office, Inc., with its permissionGA 23s 02 07 Page 6 ot 15 in any benefit included in the 'amployee bene- ft program". However, "adminisbation' does not include: a, Handling payroll de- ductbns, or b. The lailure to offect or maintain any insurance or adequate limits of covorage ol insurance, including but not limitodto unemployment in- surance, social security benelits, workers' com- pensation and disability benerits. 2. 'Caf€t€ria plans" means plan authorEed by applica- ble law to allow 'employ- 6es" to elect to pay for cer- lain benefits ,rrith pre-tax dollars. 3. 'Employee benefit pro- grams' means a program providing some or all of he lollowing benelits to 'em- ployees", whetrer provided through a "catoteria plan" or otherwise: a. Group lit6 insurance;group accident or health insurance; den- tal, vision and hearingplans; and frexible spending accounts; provided that no one other han an 'em- ployee" may subscribeto such benelits and such bonefits are made generally available to hose "employees' who satisfy the plan's eligi- bility requirements. b. Profit sharing plans,employee savings plans, omployes slook ownership plans, pen- sion plans and slocksubsqiption plans, provided tnl no one other lhan an "em- ployee" may subscribelo such benefits and such benerits are made generally available toall 'employees" who are eligible under ha plan for such benelits, c. Unemployrnent insur- ance, social security benefits, workers' com- pensation and disability benelits, and d. Vacation plans, includ- ing buy and sell pro- grams; leave ol ab- sence programs, in- cluding mllitary, matBr- nity, tamily. and civil leave; tuition assis- tance plans; tanspor- lation and healh club subsidies. (2) The following definitions ar€ deleted in heir entireg and re- placed by the following: 21 . 'Suit" means a civil pro- ceeding in which money damages because of an act, enor or omission to which this insurance applies are alleged. 'Suit" includes: a, An arbitration Pro- ceeding in which such damages are clalmed and to which the in- sured must submit or does submit with our consent; b. Anv otrer alternative dis'pute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent or c, An appeal o{ a civil proc€eding. 8, "Employee" means a Per- son actively employed, ,or merly employ€d, on leave ol absence or disabled, orrotired "Employee" in- cludes a "leased worker'. 'Employee" does not in- clude a "temporary worker'. 2. Uninlentional Failure to Disclose Haz- ards SECNON IV - COMMERCIAL GENEHAL UABILITY CONOITIONS, 7. Represen- lations is hereby amended by the addi- tion ol the following: Based on our dep€ndence upon your representations as to existing hazards, if unintentionally you should tarl to disclose all such hazards at tho inc€ption date ot your policy, we will not reject coverage under this Coverage Part based sol€ly on such failure. lncludes copyrighted materlal of lnsurance Services Office, lnc.. wilh its permission.Page 7 oI 15GA 233 02 07 3 Damage to Premises Renled to You a. The last Subparagraph ol Paragraph2.SECTPNI-COVERAGES, COVERAGE A. . BODILY INJUBY AND PROPERW DA['AGE. 2. LI. ABILITY Exclusions is hereby de- lsled and replaced by the tollowing: Exclusions c. hrough q. do not applyb damag€ by fire, explosion, li;ht- ning. smoke or soot to premises while rented to you or temporarily occupied by you with permission ot he owner. b. The insurance provided under SEC- TION I . COVERAGES, COVERAGE A. BODILY INJURY AND PROP. ERTY DAMAGE UABIUTY applies to 'prop€(y damage" arising out ol water damage lo premises hat are both rented to and occupied by you. (1) As respects Waler Damage Le-gal Liabilily, as provided in Paragraph 3.b. abovg: The exclusions under SECTION I . COVERAGES, COVERAGEA. BOD]LY INJURY ANO PROPEBTY DAMAGE IIABIL. lTY, 2. Exclusions, other than i. War and lhe Nuclcar Enorgry Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a) -Property damage": 1) Assumed in any con- tractior 2) Loss caused by or re- sulting ,rom any of he following: a) Wear and tear. b) Rust, conosion,fungus, decay, deterioration, hid- den or Iatent de- feci or any qualityin property that causes it to dam- ag€ or desboy it- self; c) Smog; d) Mechanical breakdown in- cluding rupture or bursting causedby centrifugal force. e) Settling, cracking, shrinking or ex- Panson; or f) Nesting or inlssta. [on, or dischargeor relsase ol waste products or secretions. by in- sects, birds, ro- dents or other animals. (b) Loss caused dir€cUy or indi" rectly by any of lhe follow- tng: 1) Earthquake, volcanic eruption, landslide or any oher eartr move- ment: 2) Water ttrat backs up or overffows lrom a sewer, drain or sump; Water under ttre ground surlace press- ing on. or flowing or seeping through: a) fuundations, walls, floors or paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting lrom water trat leaks or flows from plumbing, heat- ing, arr conditioning, or fire protection systems caused by or resutting trom freez- ing, unless: 1) You did your best to maintain heat in the building or skucture; or 2) You drained the equipment and shut orl the water supply il the heat was not main- tained. (d) Loss to or damage to: 1) Plumbing, heating, air mnditioning, fire pro- tection systems, or other equipment or ap- piiances; or 2) The interior of any building or structurs. or to personal prop€rty in the building or slructure 3) lncludes copyrighted material of lnsurance S€rvices Office, lnc.. with its permission.GA 253 02 07 Page I ol 15 4 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or nol. c, Umil ot lnsurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION lll - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, lhe Damage to Premis€s Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY OAITAGE UABIUTY, for damages bacause ol"property damage" to premis€s while tsnted to you or tsmporarily occupied by you with permission of &e owner, arishg out of any one "occurrence" to which this insurance ap- plies. (3) The amounl we will pay is llm- ited as described in Section B. Limits ot lnswance, 3. Dam- agc lo Premises Renled to You of his endorsement. Supplemontary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER. AGES A AND BI a. Paragraph 2. is replaced by th€ lol- lowing: Up to the limit shown in Section B. Limils of lnsurance. 4.a. Bail Bonds of this endorsernent lor cost of bail bonds required because ol acollents or kaffic law violations arising out of the use of any vehicle lo which the Bodily lnjury Liability Coverage ap-plies. We do not have to furnish ftese bonds. b. Paragraph 4. is replaced by $e fol- lolYing; All reasonable expenses incuned by tfre insured at our request to assist us in he investigation or defonse ol $e claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits ol lnsurance, 4.b. Loss of Eamings ol this en- dorsement per day because ol lime off lrom wo* 5. Medicat Payments The Medical Expense Limit of Any One Person as statsd in the Declarations is amonded to the limit shown in Section B. Limils ot lnsurance, 5. Itledical Pay- m6nls of this endorsement. 6. Voluntary Proprly Damage and Care, Cuslody or Conlrol Liability Coveiagc a. Voluntary Prop€rly Damage Cov- erage We will pay for 'property damage" to prop€rty o, ottrers arising out of op- erations incidenhl to the ,nsur€d's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in ths in- sured's possession. Wifr your consent, we will make hsse paymonts regardless of fault. b. Care, cuotody or Control Liability Covelage SECTION I - COVERAGES, COV. ERAGE A" BODILY IilJURY AND PROPERTY OAMAGE UABIUTY, 2. Exclusions, i. DamaEG to Propc.ly, Subparasraphs (3), (a) and (5) do not apply to 'properly damage' to he property ol o0rers described herein. Wih respect to lhe insurance provirled by his section ol the endorsement. he tol- lowing additional provisions apply: a. The Limits of lnsurance shown in the Declarations are replaced by he lim- its designated in Siction B. Limits ot lrlsurance, 6. Voluntary Property Damage and Care, cuelody ot Control Liability Coverage of this endorsement wih respect to cover- age provided by this endorsement. These limits are inclusive of and not in addilion lo the limits being re-placed. The Limils of lnsurancs shown in Section B. Limits ol ln6ur- ance. 6. Voluntary Property Dam- age and Care, Cuslody or Conlrol Liability Coverage of his endors€- rnent tix the mosl we will pay in any ona "oocun6nce" rsgardless ol the number of: (1) lnsuredsl (2) Claims made or 'suits' brought; or (3) Persons or organizations rnak ing claims or bringing 'suits'. lncludes copyrighted malerial ol lnsurance Servrces Otlice. hc., wih its permission.GA 233 02 07 PagE I ot 15 b Deduclible Clause (1) Our obligation to pay damages on your behalf applies only to the amount ol damages for each'occunence- which are in ex- cess of the deductible amount stated in Section B. Limils ol lnsutance. 6. Voluntary ProF erly Damago and Care. Cus- lody or Contloi Liability CoY- erage of this endorsemenl. The limits ol insurance will not be re- duced by the application of such deduclibl€ amount. (2)Condition 2. Duties in lhe Evenl ol Occurrence, Otfense, Claim or Suil, applies to each claim or-suit' irrespective oI the amount. (3) We may pay any part or all ol he deductible amount to effecl settlem€nt of any claim or 'suit" and, upon notification of lhe ac- tion taken, you shall promptly reimburs€ us for such part of the deductible amount as has been paid by us 18O Day Coverage lor lGwly Formed or Acquired Organizations SECTION ll - WHO lS AN INSUBED is amended as lollows Subparagraph a. ol Paragraph 4. is hereby deleted and replaced by he fol- lowing: a. lnsurance under this provision is al- forded only until th€ 180th day after you acquire or form ho organizationor lhe end of the policy period, whichever is earJier; Waiver ol Subrogalion SECTION IV . COMMERCIAL GENERAL LIABIUTY CONDffiONS, 9. Transler ol Pighls ol Recovery Against Olhcrs lo UC is hereby amended by he addition of the following: We waive any right of recovery we may have because ol payments we make Ior in.iury or damage arising out of your on- going operations or "your work" done un- der a written contract r€quiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our righls may only be waived prior to he "occur. rence" giving rise to lhe iniury or damage for which we make payment under fiis Coverage Part. The insured must do nothing after a loss to impair our rights. At our reqdest, the insured will bring 'suit' ol transfer those rights to us and help us enrorce hose rights. 9. Aulomalic Additional lnsured - Speci- fi€d Relalion3hips a. The following is hereby added to SECNON II . WHO IS AN INSURED: (1) Any psrson or organization de- scribed in Paragraph 9.a.(2) b€bw (hereinafter refened to as additional insured) whom you are required to add as an addi- tional insured und6r this Cover- age Part by reason of: (a) A writlen conbact or agreement; or (b) An oral agre€ment or con- tract where a c€rtificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral conlract or agresrnent is: 1) CunenUy in etfect orbeconps etfective during he policy Pe- riod; and 2) Execuled prior to an 'occunence" or oftense to which this rnsurance would apply; and (b) They ar€ not specifically named as an additional in- sursd under any other Pro-vision ol, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsemenl, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lsssor o[ a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance. but only with respect to liabrlity aris- ing out of tle ownership, maintenance or use of that part ol a premises loased to you, subject to the follovv.ng additional excJusions: This insurance does not apply to: 1) Any "oc,cunence" which lakes place after 7 I Includes copyrighted material of lnsurance Servicas Otfice, hc., with its permission.GA 233 02 07 Page 10 ol 15 you cease to be a ten- ant in that promises 2) Slructural alterations, new constuction or demolilion op€rations perlormed by or on be- hall of such addilional insured. (b) Any person or organization hom which you lease equiprn€nt wih whom you have agreed per ParagraPh 9.a.(1) abova lo provide in- surance. Such person(s) or organizaton(s) are insureds solely with resp€ct to their liability arising out ol he maintenance, operation or use by you of equipmenl leased to you by such per son(s) or organizations(s). How€ver, ris insurance doss not apply to any "oc- currence' which takes place aller the equipment lease exPlres. (c) Any person or organization (refened to b€low as ven- doO with whom you have agrssd par Paragraph 9,a.(1) above to provide in- suranc€, but only wih re- spect to "bodily injury" or 'property damage' arising out of 'your products" which ara diskibuted or sold in the regular course of he ven- dor's business, subject to the lollowing additional ex- clusions: 1) The insurance aftorded the vendor does not aPply tol a) "Bodily injury' or "property damage" for which the ven- dor is obligat€d ic pay damages by reason ol dre as- sumption of liabil- ity in a conlract or agreenr€nt. This exclusion does nol apply to liability tor damag€s hat thevendor would have in the ab. sence of the con-tract or agr€e- ment; b) Any express war- ranty unauthorized by you; c) Any physical or chemical changein the product made intentionally by lhe vendor; d) R€packaging, un-less unpacked solely lor he pur- pose of insp€ction, damonstration. tssting, or lhesubstitution ofparts under ih- structions from the manufaciurer, andhen repackagedin the original conhiner; e) Any failuro to make sucfr in - spections, adjust- ments, tests or servicing as thevendor has agreed to maka ornorma[v under- takes ti: make in the usual courseol business, in connection with the dislribution or sale ol the prod- ucts; l) Demonstsaticn, rn- stallation, servic- ing or repair op- erations, exceptsuch operations performed at the vendor's premises in connection withthe sale o, the product; g) Produots which, after distibution or sale by you, have been labeled or relabeled or usedas a container. part or ingredient of any other thrng or substance by or for the vendor. 2) This insurance does not apply lo any in" sured person or or- ganization: a) From whom youhave acquired such products, orany ingredient, part or container, entering into, ac- GA 233 02 07 lncludes copyr8hted malerial ol lnsurance Servrces Office. lnc., nrith its permission.Page 11 ol 15 (d) (e) companylng or containing such products; or b) When liability in- cluded within the "products- completed opera- tions hazard' hasbeen €xcluded under fiis Cover- age Part wih re-spect to such producls. Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above lo provide in- surance, subiect lo he lol- lowing additronal provision: This insuranc€ applies only with respect to he following hazards for which the state or political subdivision has issued a permil in connec- tion with premises you own, rent or control and to which tlis insuranc€ applies: 1) The exislence, mainte- nance, repalr, con- struction, erectlon, or removal of. advertising stgns, awnrngs, cano- pies, cellar enfances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, streel banners, or decora- tions and similar expo- sures; or 2) The consbuction, erec- tion, or removal of €ls- valors: or 3) The ownership, main- tenance. or use of any elevators covered by his insurance. Any state or political 6ubdi- vision wift which you have agreed per Paragraph 9,a.(l) above to provide in- surance, subiect to the lol- lowing provisions: t) This insurance applies only with respect to op- erations perlormed by you or on your behall lor which the state or politrcal subdivision has issued a permit. 2) This insurance does not apply to 'bodily in. iury', "property dam- age" or 'personal and advertising injury' aris- ing out of operations pertormsd for ha state or political subdivision. (0 Any porson or organization with which you have agreedper Paragraph 9a.(1) above to provide insurance, but only with respect lo li- ability arising out ol 'your work' performed lor that additional insured by you or on your behalf. A person or ofganizaton's status as an insurad under this provision of this endorsement contin- ues for only tre period ol time required by the written contract or agreement, but in no event beyond the ex' piration date ol this Covet- age Part. lf drere is no written contact or agree. menl or if no perbd of time is required by 6e written conbact or agreernent, a p€rson or organization's slatus as an insursd underlhis endorsement ends when your operations for that insured are comploted. (3) Any insuranc€ provided to an addilional insured designated under Paragraph 9.a.(2): (a) Subparagraphs (e) and (f) does not apply to -bodily iniury" or "property damage" included wilhin the "prod- ucts{ompleted operations hazard,; (b) Subparagraphs (a). (b), (d). (e) and (l) does not apply to 'bodily injury", "property damage' or "personal and advertising irjury" arising out of the sole negligence or willful misconduct of th€ additronal insured or heir agents, 'employees' or any other representative ol the additional insured, or (c) Subparagraph (f) does not apply to 'bodily injury". 'property damage" or 'per- sonal and advertising injury" arising out of: 'l) Delects in desQn fur- nished by or on behalf lncludes copyrighted material ol lnsurance Services Office, lnc., with its permission.GA 23s 02 07 Page 12 of 15 of the additional in- sured; or The rendering ot, or failure to render, any professional architec- tural,.engineedng.or surveyrng servrces, m- cluding: a) The preparing, approving or fail- ing to prepare orapprove maps,shop drawhgs, opinions, reports, surveys, fi€ld or- ders, change or- ders or drawings and specifications; and b) Supervisory, in-speclion, archi- lectural or engi- neering activilies. 'Your work' for which a consolidated (wrap-up) insurance program has been proviCed by he primecontracto rproiect manager or owner ot the consuuction proiect in which you are in- volved. b. Only wittr regard to insuranc€ pro- vid6d b an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECnON lll - UllllS OF INSURANCE is amended to include: The limits applicable to he additional insured are those specifud in the written contract or agreement or in tre Declaratibns of *ris Coverage Part, whichever are less. ll no limits are specified in the written contracl or agrsemonl, or if there is no written contract or agrssmont, tho limits ap- plicable to the additional insursd are those specified in fle Declarations of this Coverage Part. The limits ol in- surance are inclusive ol and not in addilion to tre limits of insurance shown in the Dsclaralions. c. SECTION lV - COt IIEBCIAL GEN- ERAL LIABILITY CONIXTIONS is hereby am€nded as ,ollows: (1) Condition 5. Olher lnsurance is amended to include: (a) Where required by a writtan conbact or agreement, this insurance is primary and /or noncontributory as re- spects any olhsr insurance policy issued to the addi- tional insured. and such oher insurance policy shall be excess and / or noncon- tributing, whichever applies, with this insurance. (b) Any insurance provided by this andorserrrent shall be primary to other insurance available to the additional insured except: 1) As otheMise providedin SEGTION lV COMMERCIAL GEil.ERAL LIABILITY CONDITIONS, 5. Olhcr Insurance, b. Excess lnsurance; or 2) For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachmenl of an en- dorsement to another insurance policy that is written on an excess basis. ln such case, the covgrage provided under this endorse- menl shall also be ex- c€ss. Condition 11. Cofllormance lo Specili,c Yvritlen Contract or Agroement is heroby added: 11. Contormance lo SpeciricWritlen Contact ol AEreement Wth respect to additional insureds described in Para- graph 9.a.(2)(l) above only; 11 a written contract or agreement between you and the additional insured specifies that coverage lor the additional insured: a. Be provided by ttre ln- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (whore edition specified); or b. lnclude coverage for completed operations; ol c. lnclude coverage for 'your work'; and where the limits or cov- erage provided to the addi- 2) 3) (2) GA 2q, 02 07 lncludes copyrighted material ol lnsurance Services Otfice. lnc.. with its permission.Page 13 ol 15 tional insured is more re- strictive than was specifi- cally requir€d in that written contracl or agreoment, lheterms of Paragraphs 9.a.(3)(a). 9.a.(3xb) or 9.b. above, or any combination thereof, shall be interpreted as providing the limils or ooverags requirad by the terms ol the writt€n contract or agrooment, but only to the extent hal such limits or covsrage is hcluded within the terms of the Coverage Part to which tris endorse- ment is attached. lf , hovt- €ver, the wriften contract or agroement specilies ihe ln- suranc€ Services Offrce addilional insured form number CG 20 10 but does not specify which edition, or specifies an editlon that does not exist, Paragraphs 9.a.(3xa) and 9.a.(3xb) ol this endorsement shall not apply and Paragraph 9.b. of his endorsement shall ap- plv. 10. B.oadened Conlractual Uability - \{ork Within 50' ot Raihoad Property It is hereby agreed that Paragraph t.(l) ol Definition 12. 'lnsured contract' (SEC- TION V - DEFNmONS) is d6leted. 11. Property DamaEe to Eorrowed Equip. menl a. The following is hereby added to Ex- clusion i. Damage lo Prop6rly of Paragraph 2.. Exclusione of SEC- TION I - COVEBAGES, COVERAGE A. BODILY INJURY AltlD PRoP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (a) of this exclu- sion do not apply to tools or equip- mant loaned lo you, provided they are not being used to perlorm opera- tions at the time of loss. b. Wth respect to th€ insurance pro- vided by this section of the 6n- dorsem€nt, the lollowing additional provisions apply: (1) Tle Limits of insurance shown in the Declaratjons are replaced by the limits designated in Sec- tion B. Limits of lneurance, '11. of this endorsement with respecrto coverage provided by this endorsement. These limits are inclusive ol and not in addition tohe limits being replaced. The Limits of lnsufance shown in Section B. Limila of lnsulance, 11. of this endorsemenl fix the most ws will pay in any one "oc- c{.rnence' regardless of the number ol: (a) lnsureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bnng'suils" (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to lhe amounl of dam- ages for each 'occ{rence- which are in excess ot the Deductible amount stated in Section B. Limits ol lnsur- ance, 11. of his endorse- ment. The limits ol insur- ance will not b6 reduced by he appltcation of such De- ductible amount. (b) Condition 2. Duties in the Evenl ol Occurrence, Ol- lense, Glaim or Suil, ap- plies lo each claim or 'suit" inespective of the amount (c) We rnay pay any part or all of he deductible amount to effect settemenl ol any claim or "suit" and, upon notification ol the action taken, you shall prompUy reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as lnsurods Specitied Health Cere Services It is hereby agrssd that Paragraph 2.a.(1xd) o, SECTION ll - WHO lS AN INSURED, does nol apply to your 'em- ployees" who provide prolessional health care sorvices on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdicton wh6r6 an 'b@unence" or offense to which 0ris insurance applies takes place. 13. Broadened Nolico ol Occurronce Paragraph a. of Condition 2. Dulios inthe Evenl ot Occurrence, Ottense, Claim or Suit (SECTION lV - COIIMER- CIAL GENERAL LIABILITY CONDI. GA 233 02 07 lncludes copyrighted material of lnsurance Services Orfice, lnc., with its permission.Page 14 ol 15 TIONS) is hereby deleted and replacad by the following: a. You must se€ to it that we are noti- fisd as soon as practicable ol an "occunence' or an oflense which may result in a claim. To lhe extent possible, notics should include: (1) How, when and where lhe "oc- cunence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The natur€ and location of any injury or damag€ arising oul ol the 'occurrence' or offense. This requirernent applies only when the "occunence' or of{ense is known lo an "authorized re pre sentative ". lncludes copyrighted material of lnsurance Services Office, lnc.. with ils permission.GA 233 02 07 Page 15 ot 15 BI D R E S U L T S S i g n e d A d d e n d u m 1 A d d e n d u m # 2 A d d e n d u m # 3 B i d B o n d L i c # S u b s x x x x x x x x x x x x x x x x x x x x x x x x x x x At t e s t : K e i t h W a t t s DU E D A T E & T I M E : S e p t e m b e r 1 3 , 2 0 1 6 2 : 3 0 BI D N U M B E R : P K S - 1 6 5 4 - 1 0 7 0 6 . a BI D N A M E : T e n M i l e I / C M e d i a n S o u t h - L a n d s c a p i n g $9 0 , 9 5 6 . 0 0 BI D A M O U N T $1 7 5 , 8 0 0 . 0 0 $1 5 7 , 3 7 5 . 0 0 $7 0 , 5 6 2 . 0 0 Op e n e d b y : K a r e n W o o d d e l l VE N D O R Pi o n e e r L a n d s c a p e St e r l i n g L a n d s c a p e Fr a n z W i t t e L a n d s c a p e Su n s h i n e L a n d s c a p e City Of ueridie! Det.ailed Statement of Reveflues and ExperrdiEures - Rev and Exp Report - Keith Repott 5200-Palha-AdEia 01 - c.n6.rl Purd Ftotm LO/L/2Ot6't}]to]ug}. 9 /30 /z1t'l unposted Transactions Included In Budget with Current Year Budget Remaining Percent of Budget Remaining Capitaf OLrElay streetscape irrigation landgcaping Carryforward Tolaf Capitsal Outfay 146,748.49 0.00 146. 74A.4A 100 .00* 146 748 .4A 0.00 r00 .00t TOTAI, EXPENDITURES r00.00t Dare | 10/13/16 12:.3,r9 P!.t 93405 Carr. . . 146,749 .49 L45,748.48 0.00 t46, 748.48 PublicWorks Search { print Page I of I ffi ffi* #" # * ffi* ffi ffi ffi*' #* ffi ''* ffi*Parcnt License 02195, o223t) 42232 02260 02410 02900, 02910, 02935 2I2ADO11Ba36A! 1208) 8€4- 4036 PO BOI72! MERIDIAN IO15124 https://web.dbs.idaho.gov/eTRAKiT3/Custom,{daho publicWorksprint.aspx 9/16t2016 Meridian City Council Meeting DATE: October 25, 2016 ITEM TITLE: Sodium Hypochlorite ITEM NUMBER: PROJECT NUMBER: Approval of Contract Amendment No. 1 to extend the contract for "Sodium Hypochlorite" to Oxarc, Inc. in the Not -To -Exceed amount of $90,000.00. MEETING NOTES F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION F DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Laurelei McVey Date: 10-10-2016 Re: October 18th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 18th City Council Consent Agenda for Council's consideration. Approval of Contract Amendment No. 1 to extend the contract for "Sodium Hypochlorite" to Oxarc, Inc. in the Not -To -Exceed amount of $90,000.00. Recommended Council Action: Approval of Contract Amendment No. 1 to Oxarc, Inc. for the Not -To -Exceed amount of $90,000.00. Thank you for your consideration. 0 Page 1 IDIAN�- :Unt:o CITY OF MERIDIAN CONTRACT AMENDMENT No. 1 OXARC, INC. For SODIUM HYPOCHLORITE CONTRACTOR NAME: DEPARTMENT NAME: OXARC, INC. Public Works —Waste Water ADDRESS: ADDRESS: 2076 Century Way 33 E. Broadway Boise, ID 83709 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name: SODIUM HYPOCHLORITE Prolocl No. 10619 Previous Amendment Dalo: N/A Previous Amendments: 0 Current Contract Dates: START: 1/5/2016 COMPLETION: 9/30/2016 Current Contract Amount (Inclusive of Previous Amendments to Date): $90.719.10 AMENDMENT TO EXERCISE OPTION TO RENEW t0heck all that AAoly) i_ Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): [loth parties agree to extend the agreement for one year per the terns and conditions of the agreement. All other terms and conditions remain the same. NEW CONTRACT INFORMATION: Amendment Dato: 9/30/2916 Now Contract Dates: START: 10/1/2016 COMPLETION: 0/30/2017 Amount of Amendment Change $ 90.000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $.180.719.10. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF BY: TAMMY de YOR Dated: Attest: �.` IO W C.JA(ACOLE ITY CLERK m S "�2 EAL / OXARC�I N C BY: j' u"t te )"" Dated: /t3 `7 `/6 Approved b City as to C nt nt BY: KEIT ATTS, PURCHASING MANAGER z Meridian City Council Meeting DATE: October 25, 2016 ITEM TITLE: Bulk Ferric Chloride ITEM NUMBER: PROJECT NUMBER: 5G Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to BHS Specialty Chemical Products, Inc. in the Not -To -Exceed amount of $100,000.00. MEETING NOTES U✓ APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Laurelei McVey Date: 10-10-2016 Re: October 18`h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 18`h City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to BHS Specialty Chemical Products, Inc. in the Not -To -Exceed amount of $100,000.00. Recommended Council Action: Approval of Contract Amendment to BHS Specialty Chemical Products, Inc. for the Not -To -Exceed amount of $100,000.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CONTRACT AMENDMENT No _5_ BHS Specialty Chemical Products I For BULK FERRIC CHLORIDE CONTRACTOR NAME: BHS Specialty Chemical Products ADDRESS: 1717 E. Fargo, Nampa ID 83687 CURRENT( Contract Name: Bulk Ferric Chloride - WW -13-10427 DEPARTMENT N Wastewater ADDRESS: 3401 N Ten Mile Rd Meridian, ID 83642 ProleCt No. 10427 Previous Amendment Date: January 12 2015 Previous Amendments: 4 Current Contract Dates: START: 10/1/2015 COMPLETION: 09/34/16 Current Contract Amount (inclusive of Previous Amendments to Date): S 274,000.40 AMENDMENT TO EXERCISE OPTION TO RENEW LQhock Q11 that Apply) Amendment to Contract Performance X Amendment to Contract Dates x Amendment to Contract Amount Other, (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for one (1) additional year. This is the last year of three (3) one year extensions. BHS Specialty Chemicals will guarantee product pricing at $0.15Ab for an additional 12 months. Pricing Includes service if needed, Amendment Date: _ 10/01/2016 New Contract Dates: START: 1010112016 COMPLETION: 09/ 012017 Amount of Amendment Change $ 100.000.00 Current Contract Amount (Inclusive of Previous Amendments to Date)., $ 254.00D.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF M BY: TAMMYW�D, MAYOR Dated: Attest:49 m C.JA OLE ITY CLERK pRATEOgVCLs� �Q r;, ✓j�� y_ � Or o W D'Ao S,PA TR BHS Spe Che"ical Pbhucts BY: _ '( v Philip John Dated. z Approved {by,Clty as to c Int nt BY: KEITf j- ATTS, PURCHASING MANAGER Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not -to -Exceed amount of $50,000 MEETING NOTES i� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MERCER MAKE TOMORROW, TODAY Christena Barney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 August 30, 2016 Statement of Work ("Sow") Shelli Stayner Principal 800 west Main Street, Suite 1250 Boise, ID 83702 +1 208 338 6477 shellf.r.slayner@mercer,com www.marcer.com The objective of this Statement of Work ("SOW") is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated December 10, 2010. All capitalized terms not defined in this SOW shall have the meanings ascribed to them in our existing engagement letter. Service Details -- Service name: 2017 Scope of Service - Description of Mercer responsibilities: See attached Service Schedule Description of client responsibilities: Mercer's ability to provide the services herein this letter is dependent on Mercier being provided with and continue to receive accurate, up to date and timely documentation and information from you and any insurance carrier providing benefits. -- Period of time over which work will be performed: January 1, 2017 through December 31, 2017 - Compensation/fees: We will be compensated for the services described herein in consideration of your payment of our professional fees of $50,000 annual. We will bill you monthly with such invoices due within thirty (30) days of your receipt of an undisputed invoice. If any invoice remains unpaid after longer than ninety (90) days from the date of the invoice, we may either suspend the provision of the services until payment is received, or terminate this SOW with immediate effect. MARSH & MCLENNAN COMPANIES 0" MERCER MAKE TOMORROW, TODAY Page 2 Subcontractors We may need to utilize various subcontractors ("Subcontractors") in the course of our provision of the Services to assist us in such tasks as printing and mailing, development of interactive tools, graphic design, etc. You consent to our use of the Subcontractors and further acknowledge and agree that we may provide such Subcontractors with your Confidential Information, including Work, on a confidential and a need to know basis for the purposes contemplated by this SOW. Additional Terms We do not act on behalf of any insurer or other service provider, are not bound to utilize any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not guarantee or make any representation or warranty that coverage or service can be placed on terms acceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carrier or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. - You understand that the failure to provide, or cause to provide, complete, accurate, up-to-date, and timely documentation and information to us, an insurer, or other service provider, whether intentional or by error, could result in impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance with the negotiated coverage and terms within thirty (30) days following receipt. - Mercer and its Affiliates serve a wide array of clients, including clients who compete with or whose interests may be adverse to one another. In addition, Mercer interacts with insurance carriers and other service providers through numerous business and contractual relationships, including serving as a broker for its clients and receiving commissions from carriers, providing consulting or administration services to carriers, and auditing carriers' claims data. Mercer is committed to serving each of its clients in an objective manner and maintaining the confidentiality of each of its client's information. Notwithstanding anything to the contrary in the engagement letter, when providing Services to Client pursuant to this SOW, Mercer may use its Affiliates, from time to time, to assist in the performance of such Services. ® You expressly acknowledge that, with respect to the provision of the Services, we are not, nor are any of our Affiliates or subcontractors, an "administrator" within the meaning under applicable law, including the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a "fiduciary" within the meaning under applicable law or ERISA, unless provided otherwise herein or required by applicable law. MARSH & MCLENNAN COMPANIES 0" MERCER MAKE TOMORROW, TODAY Page 3 - Title V of the Gramm -Leach -Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance -related work qualifies us as a financial institution under this Act. Our Privacy Policy Notice and additional information regarding other compliance policies at Mercer, including our conflicts of interest policy is available at the following web address http://www.mercer.com/insights/poinV2014/transparency.html. At this web address you will also find information regarding Marsh & McLennan Companies, Inc. and its subsidiaries' equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. Without limiting the generality of Section 2 of our engagement letter, you will inform us at the commencement of our work under each SOW (and thereafter in the event of any change) as to whether or not you or any of your Affiliates are subject to any restrictions or obligations directly relevant to the Services as a result of or in connection with having received any federal financial assistance in connection with any federal law or program, including, but not limited to, the American Recovery and Reinvestment Act of 2009 and the Emergency Economic Stabilization Act of 2008, including the Troubled Assets Relief Program. In the event that you or your Affiliates are subject to such restrictions or obligations, you will also promptly describe such restrictions and obligations to us in writing in reasonable detail and make an expert (including internal or external counsel) available to us for additional clarification that we reasonably request regarding the analysis or interpretation of any such restrictions or obligations. You agree that we will be entitled to rely on, and have no liability for, the accuracy and completeness of the information, analysis or interpretation that is provided to us in connection with the foregoing. - Mercer is unable to provide insurance broking, risk consulting, claims or other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose Mercer or its Affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations. MARSH&MCLENNAN COMPANIES 0" MERCER MAKE TOMORROW, TODAY Page 4 We appreciate your business and look forward to working with you on this engagement. Please acknowledge your agreement to the terms contained herein by signing below. Mercer He I & Benefits LLC By: Name:�<< (Please Print) �} Title: aANA Q-Od ACCEPTED AND AGREED City of Me ' is By: - -p Name: (Please Print) Title: /'76`/Dr Date: K) {3`t�a Date: 01 1? 7 X MARSH & MCLENNAN COMPANIES Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: St. Luke's Regional Medical Center Service Agreement with St. Luke's Regional Medical Center, Ltd. for Wellness Services MEETING NOTES I��t�clh A t�lt i �l'rl 00i�1� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS St. Luke's Regional Medical Center, Ltd., Service Agreement This Agreement is made as of October 1, 2016 (the "Effective Date") by and between St. Luke's Regional Medical I Center, Ltd., an Idaho nonprofit corporation ("SLRMC") and The City of Meridian ("Client"). WHEREAS, SLRMC is a healthcare delivery system dedicated to improving the health of the population it serves. SLRMC's programs and services include Hospital and Physician Services, Occupational Health and Wellness Services, and, WHEREAS, Client, is a municipal corporation organized under the laws of the State of Idaho; and, WHEREAS, SLRMC and Client desire to work together to create a long term plan to improve the health and well-being of Client's employees through workplace assessment, wellness screenings, health promotion services and occupational health services, including Injury assessment, treatment and case management; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. Duties of SLRMC: a. SLRMC will provide the services outlined in "Exhibit A" (the "Services") attached hereto and incorporated by reference herein. b. SLRMC will designate a key contact in Occupational Health and Wellness to serve as liaison for the Services. C. SLRMC will invoice Client on the 1st day of each month for services rendered during the prior month. II. Duties of Client: Client agrees to engage managerial support of the Services. Client will designate a key contact in Occupational Health and a contact in Wellness to serve as liaison for such Services. C. Client will pay each invoice within 30 days of receipt. d. Client agrees to designate St. Luke's Occupational Health, a division of SLRMC, as a preferred provider of occupational health services to Client's employees. Ill. Fees/Compensation: a. Client agrees to pay for Services performed under this Agreement at rates identified in "Exhibit A", which is attached hereto and incorporated by reference herein. Fees for Services not itemized in "Exhibit A" will be charged at SLRMC's standard rate in effect at the time services are performed. Said fees shall be those charged by SLR MC to other customers under similar circumstances. IV. Requirement of liability and other insurance and ability of either party to request certificates ofinsurance: SLRMC agrees to maintain in force during the term of this Agreement contractual general liability insurance sufficient to cover the obligations assumed under this Agreement; minimum limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company (ies) acceptable to both parties and licensed to conduct business in the State of Idaho. b. A certificate of insurance verifying such coverage shall be made available to both parties at their request. Each party shall notify the other at least thirty (30) days in writing prior to cancellation, reduction or material change in coverage. in the event of insufficient coverage as defined in this paragraph or lapse of coverage by one party, the other party reserves the right to terminate this Agreement. C. Client agrees to maintain in force during the term of this Agreement contractual general liability insurance sufficient to cover the obligations assumed under this Agreement; minimum limits of five hundred thousand dollars ($500,000.00) per occurrence as required by law. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company(ies) acceptable to both parties and licensed to conduct business in the State of Idaho. V. Term of Contract: This Agreement shall become effective upon execution by both parties, with the term of contract beginning on the Effective Date and expiring on September 30, 2019. This Agreement shall renew annually on October 1St for a 12 month period or unless sooner terminated by either party in accordance with the terms set forth in this Agreement. VI. Cancellation/Termination/Renewal Process: This Agreement may be terminated and cancelled with or without cause, without penalty, at any time, by the following methods. Termination by Agreement: In the event SLRMC and Client shall mutually agree in writing, this Agreement may be terminated on the terms and date stipulated therein. b. Termination for Specific Breaches: In the event either party shall breach any provision of this Agreement, this Agreement may be terminated at the discretion of either party upon 60 days' prior written notice. C. Optional Termination: In the event either party to this Agreement shall, with or without cause, at any time, give to the other at least ninety (90) days' advance written notice, this Agreement shall terminate on the future date specified in such notice. d. Failure to Appropriate Funds: In conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution, in the event that the Client fails to make an annual appropriation of funds for the costs associated with this Agreement, Client may terminate this Agreement upon 30 days' prior written notice. Upon such termination of this Agreement, neither party shall have any future obligation hereunder except for: (a) obligations accruing prior to the date of termination, and (b) obligations, promises, or covenants contained herein which are expressly made to extend beyond the term(s) of this Agreement. There shall be no other penalty for cancellation on either party. VII. Notice Provisions: Any notice required or permitted to be given by this Agreement shall be given postage paid, first class, registered or certified mail, or by courier, properly addressed to the other Party at the respective address as show below: If to: St. Luke's Regional Medical Center 190 E. Bannock Street Boise, ID 83712 Attn: Employer Relations Department with a copy of any notice of default to: St. Luke's Regional Medical Center 190 E. Bannock Street Boise, ID 83712 Attn: General Counsel If to City of Meridian: City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Attn: City Clerk VII I, Access to Records: To the extent Section 952 of the Omnibus Reconciliation Act of 1980 (Public Law 96-499) is found applicable to this Agreement, until the expiration of four years after the furnishing of service pursuant to this Agreement, both parties agree to make available upon written request to the Secretary of Health and Human Services, or upon request to the Comptroller General, or to any of their duly authorized representatives, this Agreement and books, documents and records that are necessary to certify the nature and extent of any costs of the services arising from this Agreement. Further, if SLRMC carries out any of its duties arising from this Agreement through a subcontractor with a value or cost of Ten Thousand Dollars ($10,000) or more over a 12 -month period, with a related organization, such subcontract shall contain a clause to the effect that until the expiration of four years after the furnishing of such services pursuant to such subcontract, the related organization shall make available, upon written request to the Secretary of Health and Human Services, or upon request to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents and records of such organization that are necessary to certify the nature and extent of such costs. IX. Indemnification: intentionally omitted X. Non-discrimination: Neither party will discriminate in employment or provision of services with respect to age, race, color, religion, military status, sexual orientation and diagnosis, national origin, disability, source of payment or ability to pay. XI. Assignment provisions: This Agreement shall not be assigned or transferred without the express written consent of either party to the other. XII. No Partnership or Agency: Nothing herein shall create, not be deemed to create, a partnership or an agency relationship between the parties and neither party is authorized to act on behalf of the other unless the other has agreed in advance in writing. In all matters pertaining to this Agreement, SLRMC shall be acting as an independent contractor, and neither SLRMC nor any officer, employee or agent of SLRMC will be deemed an employee of Client. The selection and designation of the personnel of in the performance of this Agreement shall be made by Client. XIII. Confidentiality: During the course of this Agreement, Client and SLRMC may communicate certain information to each other, and/or the parties may come into contact with confidential proprietary information of each other, its affiliates, members, subsidiaries, or of other agencies in the context of the relationship described herein. This information shall include, but not be limited to, individually identifiable medical information. Client and SLRMC shall: a. Treat all such information as proprietary and confidential whether or not identified as proprietary and confidential; Not disclose any such information or make available any reports, recommendations and/or work products which SLRMC produces for Client to any person, firm, or corporation, or use it In any manner whatsoever without the prior written consent of both parties. C. Hold each other harmless, to the extent allowed by law, against any claims arising out of either parties disclosure of proprietary and confidential information to an unauthorized third party; and d. Promptly return any such information in its possession upon termination of this Agreement, or at written request of one to another. Both SLRMC and Client agree that in the event either party breaches or threatens to breach the provisions of this section, such breach or threatened breach would cause irreparable harm to the non -breaching party, and the non -breaching party would be entitled to injunctive and other equitable relief to prevent such breach or to remedy an actual breach. Such action may be good cause to terminate this Agreement without the necessary notice and waiting period. The obligations set forth in this paragraph shall survive the termination of this Agreement. Business Associate Requirements. Client will make disclosures of Protected Health Information (PHI) only as necessary to perform its obligations under the Agreement. Obligations of Business Associate ("Client"): a. Client agrees to use and/or disclose PHI only as permitted or required by the Agreement or required by law. b. Client agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as permitted or required by the Agreement. Client agrees to report to any use or disclosure of PHI that is not permitted or required by the Agreement of which it becomes aware. Client agrees to require all its subcontractors and agents that create, receive, use, disclose or have access to PHI to agree, in writing, to the same restrictions and conditions on the use and/or disclosure of PHI that apply to Client. e. Client agrees to make available its internal practices, books, and records relating to the use and disclosure of PHI to the Secretary of the Department of Health and Human Services ("HHS") for purposes of determining compliance with the HIPAA Medical Privacy Regulation. f. Client agrees to make available, in less than 60 days of receiving a written request from, information necessary for to make an accounting of disclosures of PHI about an individual. Client agrees to make available, in less than 30 days of receiving a written request from, PHI necessary to respond to individuals' requests for access to PHI about them. Client agrees to incorporate, in less than 60 days of receiving a written request from, any amendments or corrections to the PHI in accordance with the HIPAA Medical Privacy Regulation. If feasible to do so, Client agrees to return to or destroy, within a specified number of days of the termination or expiration of the Agreement, and retain no copies of, the PHI, including such information in possession of the Client's subcontractors. j. SLRMC may terminate this Agreement if makes the reasonable determination that Client has breached a material term of the Agreement. XIV. Compliance with Laws and Regulatory Agencies: In performing the duties required under this Agreement, Client and shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, as well as Joint Commission on Accreditation of Healthcare Organization Standards. XV. Governing Law/Venue/Choice of Law Provisions: This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Idaho, regardless of its choice of law provisions. Any dispute, controversy or other claim arising out of this Agreement shall be resolved in the State of Idaho in the Fourth Judicial District Court of Ada County. The parties each agree that they are subject to the personal jurisdiction of the state and federal courts within the State of Idaho, and each waives the right to challenge the personal jurisdiction of those courts over it. XVI. Validity: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. XVII, Excluded Provider Warranty: Each party hereby represents and warrants that they are not and at no time have been excluded from participation in any federally funded health care program, including Medicare and Medicaid. The parties hereby agree to immediately notify each other, in writing, of any XVIII. Merger Clause: This Agreement, including any incorporated exhibits, addendums, and attachments constitute the entire understanding of the parties with respect to its subject matter. This Agreement supersedes and terminates all prior or contemporaneous representations, warranties, and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be in writing signed by both parties. XIX. Signature of Authorized Representatives: IN WITNESS WHEREOF the authorized representatives ofSLRMC and Client, having full authority to do so, agree to the terms and conditions of this Agreement and have executed this Agreement as of the Effective Date. Execution by the City of Meridian is acknowledgment that all necessary City Council approvals have been obtained. Effective Date: St. Luke's Regional Medical Center, Ltd. By: 5 i Name: Title, 5 V/0 (5 C y Date: ° i° 14 ATTEST: C.Jay Coles, Ci Cleric Date: ID/ ?� )96 - City of Mend n 183 Y: Name: Ta my de Weerd Title: Mayor Date: /0/ a %/ ?016 �To(LATED qUG 0o Gs� s ' E�jD1AN* P,. SEAL Exhibit A Service Description Investment > Provision of timely and appropriate responsiveness to Client's employee needs and offer Subject to State of appropriate treatment in an occupational medicine Idaho's Worker's Injury Treatment clinic headed by a physician who specializes in Compensation Fee occupational medicine. Schedule at the time of > 24 hour access to services through locations linkages to ensure continuous communication and service. support for after hour emergency treatment. > Provision of an occupational health case coordinator to serve as point of contact for Client, employee and surety/administrator. > Case coordinator shall be responsible to provide Case Coordination monitoring of Client employees' progress, arrange for treatments and procedures and communicate the necessary medical and return -to -work information to the Client employee, Client, and designated insurer. Service provided at no charge to Occupational > Communication with Client via phone, fax, pager, e-mail and in person to keep all updated as to Health Clients Communications activity status reports, treatment plans, return -to - work strategies and "next step" information > Provision of referral forms that can be given to a Client's employee prior to his/her appointment to Referral Forms and expedite the case process handling. > Provision of education and written material on Education Materials process for injury treatment, including talking point on designated provider, maps, etc. > Respirator Certifications including a Respiratory Questionnaire Review Subject to State of Spirometry (as needed) Idaho's Worker's Other Occupational Compensation Fee > Medical Evaluations Health Services Schedule at the time of > Vaccinations including Hepatitis A, Hepatitis B > Immunizations including Tetanus and Diphtheria service. Immunizations > St. Luke's Know Your Number Screenings provide valuable objective health measures and an increased gilled Charges awareness of biometric risk factors. This awareness submitted to current serves as a possible catalyst for early intervention City's Health Plan (slue and treatment of serious health conditions. Cross Idaho) and > St. Luke's Know Your Number Screening includes Know Your Numbers ement will be reimbursement Screenings height, weight, waist circumference, calculated BMI, the current blood pressure, point of care testing (fingerstick) for allbased le outlined in cholesterol, glucose and lipid values. Individuals will he Blue Cr the Blue Cross receive immediate test results. Luke's and St. Luke s > St. Luke's will not be providing a Health Coach at Contract. screening events, due to Blue Cross of Idaho providing these services. > St. Luke's will come on-site to provide a point of care testing (fingerstick) Hemoglobin A1C which measures the average blood glucose for the past 2-3 Point of Care Lipid, months. It is used to evaluate and manage Glucose and A1c individuals with Diabetes, > If requested by the City, to assist in alleviating Testing fasting concerns for shift workers, St. Luke's will provide AIC testing to department working varied shifts. St. Luke's will provide flu vaccines for interested Billed Charges employees who are members on the City of submitted to current Meridian Health Plan offered through Blue Cross of City's Health Plan (Blue Idaho. If an employee is not a member on the City Cross of Idaho) and of Meridian Health Plan, they are not eligible to reimbursement will be Flu Vaccinations participate. based on the current allowables outlined in the Blue Cross of Idaho and St. Luke's Contract. > St. Luke's will provide other mutually agreed upon Other Well-being services to the City of Meridian at the City's request. To be Determined at Services as requested A service description and billed amount will be in the time of Service. writing and signed by both parties and incorporated in to Service Agreement as a part of Exhibit A. Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Services Agreement with Idaho Chapter Services Agreement with Idaho Chapter of the American Foundation for Suicide Prevention MEETING NOTES M" WIMP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR USE OF MERIDIAN FIRE DEPARTMENT SERVICES TO SUPPORT SPECIAL EVENT This AGREEMENT FOR USE OF MERIDIAN FIRE DEPARTMENT SERVICES TO SUPPORT SPECIAL EVENT ( "Agreement") is made this _X day of October, 2016 ("Effective Date"), by and between the Meridian Fire Department ("MFD"), a department of the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Amanda Hundt, an individual whose address is 6211 W Butte Dr, Boise ID 83704 ("Organizer"). WHEREAS, Organizer, with the Idaho Chapter of the American Foundation for Suicide Prevention, is hosting a special event called "Treasure Valley Out of the Darkness Walls" ("Event"), a three-mile walk starting and ending at Julius M. Kleiner Memorial Park, located at 1900 N. Records Avenue, in Meridian ("Location"), on October 29, 2016; WHEREAS, the respective governing bodies of City and Organizer are mutually interested in supporting the safety of participants in Event, and to that end seek to station MFD personnel and equipment at Location; WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of MFD's services; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: I. SCOPE OF SERVICES: PAYMENT A. City to provide EMS Bike Team. On Saturday, October 29, 2016, from 9:30 a.m. to 12:30 p.m., at Event, MFD will provide one EMS bicycle team, to include two (2) EMTs. The bicycle team shall be available as needed at Event to provide first aid and emergency medical services to Event participants. B. Fee for services. The fee due and owing for services provided by MFD under this Agreement shall be sixty dollars per hour ($60.00/hour). In no event shall the total amount due and owing for services provided by MFD under this agreement be less than one hundred twenty dollars ($120.00). C. Invoice. On or around Monday, October 31, 2016, City shall provide to Organizer an itemized invoice for services provided under this Agreement. D. Payment. By 5:00 p.m. on Monday, November 14, 2016, Organizer shall remit to MFD the full amount set forth on the invoice provided by MFD. II. GENERAL PROVISIONS. A. Notice. Communication between Organizer and MFD regarding day-to-day matters shall occur via e- mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed cornrnunicated when sent via e-mail, addressed as follows: AGREEMENT FOR USE OF MERIDIAN FIRE DEPARTMENT SERVICES FOR SPECIAL EVENT PAGE I AGREEMENT FOR USE OF MERIDIAN FIRE DEPARTMENT SERVICES FOR SPECIAL EVENT PAGE 2 MFD: Organizer: Judy Gerhart Amanda Hundt Administrative Division Manager, MFD Treasure Valley Out of the Darkness Walk jgerhart@meridiancity.org amandajhundt@gmail.com B. Assignment. Organizer shall not assign or sublet all or any portion of Organizer’s interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. C. Indemnification. Organizer and each and all of Organizer’s and Event volunteers, employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City and City employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event not caused by or arising out of the tortious conduct of City. D. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. E. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. F. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. G. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four (24) hours notice of termination. Such notice shall include a description of the breach or circumstances providing grounds for termination. Unless otherwise specified in writing, this Agreement shall automatically terminate twenty-four (24) hours following mailing or e-mailing of notice of termination. H. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party’s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. I. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. J. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. K. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. L. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. M. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of the American Foundation for Suicide Prevention and its principals. Organizer further warrants that she is authorized to bind the American Foundation for Suicide Prevention and its principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of the American Foundation for Suicide Prevention and its principals. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY: Amanda Hundt CITY OF MERIDIAN: Tame d, May or Y S m Y eerEAL TRE Attest: 0 W .. C. ay C es, City Clerk AGREEMENT FOR USE OF MERIDIAN FIRE DEPARTMENT SERVICES FOR SPECIAL EVENT PAGE 3 Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: First Amendment to Commercial Real Estate PSA for Well #9 Lot Expansion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT TO COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT This First Amendment to Commercial Real Estate Purchase and Sale Agreement ("First Amendment") is entered into effective as of October 21, 2016, by and between The City of Meridian, an Idaho Municipal Corporation ("Buyer"), and Susan L. Norby, a married woman dealing with her sole and separate property and Jill M. Stevens, a married woman dealing with her sole and separate property (collectively "Seller"). Buyer and Seller are referred to in this FirstAmendment collectively as the "Parties". RECITALS A. Seller and Buyer entered into that certain Commercial Real Estate Purchase and Sale Agreement with an Effective Date of July 26, 2016 ("Agreement"). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. B. Seller and Buyer desire to amend the Agreement on the terms and conditions set forth below. AMENDMENTS NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this First Amendment, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Buyer agree as follows: A. Section 3.2.1 of the Agreement is hereby amended and restated to read as follows: 3.1.2 Relocation of Utility Easement(s) and Associated Infrastructure. Before Closing, Buyer shall have successfully negotiated a new Intermountain Gas Easement and, to the extent necessary, a new Century Link Easement. The new utility easement(s) shall be recorded at Closing and shall be effective at Closing. The abandoned portions of the existing Intermountain Gas and Century Link Easement areas shall tenninate when the associated underground utility infrastructure has been relocated to the new Intermountain Gas and Century Link Easements at which time Buyer shall record a Partial Release of Easement document executed by the appropriate utility or utilities. Buyer shall be responsible for having the associated underground utility infrastructure relocated on the Retained Property to locations within the new Intermountain Gas and Century Link Easements which are generally depicted in Exhibit 1.1. All costs related to this condition shall be borne by Buyer. Buyer shall complete the relocation of the Intermountain Gas and Century Link underground utility infrastructure within thirty (30) days of Closing. Buyer and Seller agree to cooperate in the granting of new utility easements, to the extent reasonably necessary. [Note: Although this Section anticipates the granting of a new easement in favor of Century Link, the grant of such an easement may not be necessary, and if not necessary no new easement will be granted in favor of Century Link. Century Link has advised Buyer that it will either relocate its First Amendment to Commercial Real Estate Purchase and Sale Agreement Page 1 First Amendment to Commercial Real Estate Purchase and Sale Agreement Page 2 utility lines to a new easement location or vacate the existing easement entirely within the thirty (30) days of Closing.] B. Section 3.2.4 of the Agreement is hereby amended and restated to read as follows: 3.2.4 Execution and Delivery of Documents. Seller (and others where required) shall have executed and delivered to the Closing Agent the following: (a) The Warranty Deed; (b) Any easements reasonably necessary for utility relocation pursuant to Section 3.1.2; (c) The Access Easement Agreement; and, (d) Any other documents necessary to effect the transfer of title contemplated by this Agreement. C. Section 4.2 of the Agreement is hereby amended and restated to read as follows: 4.2 Date of Closing. The Parties shall submit all required documents to Closing Agent in advance of the planned Closing date of November 15, 2016, or at such other time, date, and place as may be mutually agreed between Seller and Buyer. Unless otherwise mutually agreed, if this transaction has not closed by November 15, 2016, this Agreement shall be deemed to be canceled. If the failure to close is due singularly to either Buyer's or Seller's inaction, the remedies set forth in Section 6 shall apply as if the non -acting Party had committed a default. If the failure to close is due to mutual decision or joint inaction by Buyer and Seller, the Deposit shall be returned to Buyer, any Title Commitment termination fee and Escrow fees charged by the Title Company shall be split equally between the Parties, and any other costs that have been incurred shall be the obligation of the Party that incurred the same. D. Section 5 of the Agreement is hereby amended and restated to read as follows: 5. POST-CLOSING OBLIGATIONS. 5.1 As soon as practicable after Closing, as a condition of approval of the PBA, Buyer shall obtain new tax parcel numbers from the Ada County Assessor. 5.2 Buyer shall complete the relocation of the Intermountain Gas and Century Link underground utility infrastructure within the timeframe set forth in Section 3.12. E. This First Amendment may be executed in one or more counterpart copies and each of which so executed, irrespective of the date of execution and delivery, shall be deemed to be an original, and all such counterparts together shall constitute one and the same instrument. The signature pages of one or more of the counterpart copies may be removed from such counterpart copies and all attached to the same copy of this First Amendment which, with all attached signature pages, shall be deemed to be an original agreement. F. The Agreement and this First Amendment contain the entire integrated agreement between Buyer and Seller with respect to the subject matter of the Agreement and this First Amendment. There are no other representations, agreements, arrangements or understandings, oral or in writing, between or among Buyer and Seller relating to this subject matter which are not fully expressed in the Agreement and this First Amendment. G. The Agreement (i) to the extent deemed terminated prior to the mutual execution of this Amendment, is hereby reinstated and (ii) except as modified herein, remains unmodified and in full force and effect. In the event of a conflict between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall prevail. Buyer and Seller have executed this First Amendment as of October P 5 , 2016. BUYER: Dated: 0* 6'e , 2016 ` evoRATEDq� ECiq.� o IW S 04jyo Q, PEA / ATTEST: /' � 2 Lizz CAdy Cog, City Clerk BUYER, CITY OF MERIDIAN Mayor 27�1 de Weerd First Amendment to Commercial Real Estate Purchase and Sale Agreement Page 3 SELLER: Dated: 12016 Dated: , 2016 SELLER, Susan L. Norby SELLER, Jill M. Stevens First Amendment to Commercial Real Estate Purchase and Sale Agreement Page 4 SELLER: Dated: (oto -ZO , 2016 Dated: , 2016 SELLER, Susan L. Norby SELLER, Jill M. Stevens First Amendment to Commercial Real Estate Purchase and Sale Agreement Page 4 Meridian City Council Meeting DATE: October 25. 2016 ITEM TITLE: Task Order 10625.a ITEM NUMBER: PROJECT NUMBER: Approval of Task Order 10625.a to Hydrologic Inc., for the "Well 15 Reconstruction Design" for a Not -To -Exceed Amount of $51,000.00 MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing CC: Kyle Radek Date: 10/20/16 Re: October 25th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 25th City Council Consent Agenda for Council's consideration. Approval of Task Order 10625.a to Hydrologic Inc., Inc. for the "Well 15 Reconstruction Design" for a Not -To -Exceed amount of $51,000.00. Recommended Council Action: Award of Task Order 10625.a to Hydrologic Inc. for the Not -To -Exceed amount of $51,000.00 Thank you for your consideration. 0 Page 1 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: N/A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $51,000 Kyle Radek If yes, has policy been purchased? Hydro Logic, Inc III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96115 10625.a TASK ORDER 6A RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Consultant has track record of quality and timely work in well reconstruction and familiarity with this site and well. Fees for this project were evaluated by the PM and appear to be reasonable for the type of work being done. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 9/16/2016 October 20, 2016 I. PROJECT INFORMATION 2/16/2016 1/14/2017 N/A FY17 $100,000 9/16/2016 Public Works Well 15 Reconstruction Design V. BASIS OF AWARD IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 10/1/2014 N/A N/A N/A N/A Goodstanding N/A N/A TASK ORDER NO. 10625.A Pursuant to the IVASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN crTY oF MER|DTAN (OWNER)AND HYDRO LOG|C, tNC. (HYDROGEOLOGTST) This Task Order is made this 25th day of October,2016 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "City", and accepted by Hvdro Looic. lnc. hereinafter referred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 6A) between the above mentioned parties dated October 1,2014. The Project Name for this Task Order 10625.4 is as follows: WELL 15A RECONSTRUCTION DESIGN PROJECT UN DERSTANDING Well 15A was originally constructed in 1993. The well was constructed with mild-steel well casing, which is reaching the end of its useful life. ln addition, the quality of water produced by the well has varied through time. Cunently, the well is used as a backup source to provide supply only during peak demands. The well site is centrally located and equipped with adequate power and a good flush line. Maintaining a well at this site is very beneficial to City water supply and distribution system. A new test well was constructed to improve understanding of the hydrogeological conditions beneath the site. A final report on the test well and production well was provided in January of 2016 explaining the water quality challenges at the site and recommending reconstruction of the existing well, rather than abandonment and construction of an entirely new well on site. lf this reconstruction project is successful, the reconstructed well will result in cost savings and preservation of the new well option for the future. lf unsuccessful, the project will result in the proper abandonment of the existing well which will enable the construction of a new well. The intent of the project is to improve the quality of water supplied by Well 15A, but also to prepare the well for either reconstruction or abandonment as dictated by the results of the project. Task Order 10625.A Well 15A Reconstruction Design Hydro Logic lnc Page 1 of 4 SCOPE OF WORK Hydrogeologist will provide professional services related to the reconstruction of Well 1 5A as follows: Task 1: Regulatory permitting and coordination Contact and file necessary notifications to ldaho Department of Water Resources (IDWR) and ldaho Department of Environmental Quality (IDEQ) for making modif ications to the Well # 1 5-A. Deliverables: Notifications and preliminary reports filed at IDWR and IDEQ. Deliverables: NA Task 4: Services During Construction Hydrogeologist will provide services during construction and recommend corrective or additional actions needed as required. Hydrogeologist will observe contractor work including but not limited to, observation, measurements, and multiple (up to 5) camera surveys. Areas of contractor work and corresponding Hydrogeologist sub-tasks include: Observation Camera survey Scrape sand f ilter tube Observation Camera survey Pedorate sand f ilter tube lnstall temporary 2-inch liner Refill filter pack with sand Observation, and measurement Task Order 10625.A Well 15A Reconstruction Design Hydro Logic, lnc. Page 2 ol 4 Task 2: Plans and specif ications Develop plans and specifications for contractors to bid, including sketched assemblies. Deliverables: Plans and specifications for obtaining bids. Task 3: Bidding assistance Hydrgeologist will provide City with a suggested bidders list and will assist in evaluating contractor quotes/bids. Flush sand f ilter tube Observation Camera survey Observation, and measurement Seal sand filler tube with grout Remove and reinstall pump Observation, and measurement lnstall cement plug of lower well screens Deliverables: lnspection records and videos for inclusion in final report. Task 5: Data collection, reconstruction design, and f inal report o 5.1 Conduct pump-testing for productive capacity and hydraulic interconnection to test well zones 5.2 Two ground water quality sampling events, one for project purposes and one for IDEQ New Source Monitoring for modified well. 5.3 Final submittals to IDEQ and IDWR. 5.4 Development of all measurements and as-built details. 5.5 Design and cost estimate for future reconstruction of supply well. 5.5 Final report to City on all of the above. Deliverables: Final report to City Well 15A will not be needed for production and can be taken off-line for contractor work Well site will be accessible to consultant and contractors starting at Notice to Proceed (NrP). TIME OF COMPLETI ON ANd COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by October 2016 and resulting in final design being completed by April 2017. A NTP issued on a different date will change the schedule accordingly. Task Order 10625.A Well 15A Beconskuclion Design Hydro Logic, lnc. a Page 3 ol 4 Observation, and measurement Observation, and measurement Camera survey ASSUMPTIONS COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Regulatory permitting and coordination ■ 11/4//16 $1,500 2 Plans andspecifications • 11/20/16 $1,800 3 Bidding assistance ■ 12/20/17 $1,000 4 Services during construction , 3/1/17 $11,500 5 Data collection, reconstruction design, and final report ■ 4/1/17 $35,200 TASK ORDER TOTAL: $51,000.00 The Not -To -Exceed amount to complete all services listed above is fifty-one thousand dollars ($51,000.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order (change in scope). Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MEfitDhe► BY. TAMMY de, D, MAYOR HYDRO LOGIC, INC. BY: ED SQUIRES, P ESIDENT Dated: /�z '� 7/ �?o /6 Dated: 1-21- / / �Q°FtATEDgVG,G Approved by Council: 10� 1 (� \zo° s� r'i� y of c w Attest: E r�IgN m �4Mp C.JAY LE CITY CLERK 0`�ia EAL Purchasing.Approval BY: KEI TS, Purchasing Manager City Project Manager Kyle Radek Task Order 10625.A Well 15A Reconstruction Design Hydro Logic, Inc. Departlf%pt App BY:�G'��/�' L= l WARREN STEWA/RT, City Engineer Dated: Page 4 of 4 city Of Heridlan Delailed StaEement of Revenues and E4)enditures - Rev and Exp Report - Kei.th 3{90 - Wet€r Coaatluctlon Ploj€ctr 60 - Erterprlae PuEd Fron to/t/2015 T}.ro.ug}] 9/3o/2ot'7 Unposted Transactions Included In Budger with Amendments Actual Budget Remaining Percent. of BudgeE Remaining Capital Out.lay wefl *L59 6115 99,999.96 I 0 .00t Tocal Capital Outlay TOTAL EXPEN'DITURES 100 .001 0 .00 99 999 .95 100 - 001 Date: 7a/2a/76 02:,t s: {2 Pt4 _- 22,222.26 __ 9-!0 99.999.96 -=---22=::::!!- __ 22_!2ee.% IDSOS Viewing Business Entity Page 1 of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Get a certificate of existence for HYDRO LOGIC. INC. ] I Monitor HYDRO LOGIC. INC. business filinos ] HYDRO LOGIC, INC. 1OO2 FRANKLIN ST BOISE, ID 83702 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 30 Apr 1999 State of Origin: IDAHO Date of 30 Apr 1999 Origination/Authorization: Initial Registered Agent: EDWARD SQUIRES 7721 SETTLERS AVE BOISE, ID 83704 Organizational ID / Filing Cl28666 N umber: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 29 Feb 2016 Annual Report Due: Apt 2OU Original Filing: I Helo Me Print/View TIFF ] Filed 30 Apr 1999 INCORPORATION View Imaoe (pDF format) View Image (TIFF format) Annual Reportsr HeID Me Print/View TIFF Report for year Report for year Report for year Report for year Report for year Report for year Report for year Report for year Report for year Report for year Report for year Report for year View Document Online View Document Online Vaew Docu ment Online View Document Online View Imaoe (PDF format) View Imaoe (TIFF format) 2015 2015 2014 2013 2012 2011 2010 2009 2008 20()7 2006 2005 ANNUAL ANNUAL ANNUAL AN NUAL ANNUAL ANNUAL AN NUAL AN NUAL ANNUAL ANNUAL AN NUAL ANNUAL REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT cu ment On line cum n n lin View Do ument Onlinec View D m View Document Online View Docu ent Online u ment nli https ://www.accessidaho.org/public/sos/corp/C 1 28666.htm1 t0/2012016 Meridian City Council Meeting (J//V) DATE: October 25, 2016 ITEM NUMBER: AW PROJECT NUMBER: ITEM TITLE: Approval of Award of Request for Proposal and Agreement to Valcom Salt Lake City, LC for the "City of Meridian City Council Chambers Technology Replacement" Project for a Not -To -Exceed Amount of $299,632.93 MEETING NOTES �✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Kristy Vigil, Dave Tiede Date: 10/20/2016 Re: October 25`h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 25'h City Council Agenda under an IT Department Report. Discussion and Approval of Award of Request for Proposal and Agreement to Valcom Salt Lake City, LC for the "CITY OF MERIDIAN CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT" project for a Not -To -Exceed amount of $299,632.93. Recommended Council Action: Award of RFP and Approval of Agreement to Valcom Salt Lake City, LC for the Not -To -Exceed amount of $299,632.93. Thank you for your consideration. • Page 1 CONTRACT / AGENDA CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant #: Type of Grant Debarment Status (Grant/Federal Funded Projects Only) Low Bidder Highest Rated Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.3.15.16.Final N/A N/A 55 1850 96001 10685 N/A If yes, has policy been purchased? (Type in date verified and the status) www.sam.gov BASIS OF AWARD CONTRACTOR / CONSULTANT REQUIRED INFORMATION X TASK ORDER RFP / RFQ BID Existing FY17 9/8/2016 IT CCITY OF MERIDIAN CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT $299,633 Kristy Vigil Contract Type BUDGET INFORMATION (Project Manager to Complete) October 20, 2016 AWARD INFORMATION Enter Supervisor Name Date Approved N/A N/A N/A TASK ORDER SELECTION (Project Manager to Complete) CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 1 of 22 Project 10685 CONTRACT FOR SUPPLY AND INSTALLATION OF COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT PROJECT # 10685 THIS CONTRACT FOR SUPPLY AND INSTALLATION is made this 25 th day of October, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Valcom Salt Lake City, LC., dba VLCM, hereinafter referred to as “CONSULTANT”, whose business address is 3520 S 300 W, Salt Lake City, UT 84115. INTRODUCTION Whereas, the City has a need for services involving AV Systems Installation; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Contract and receipt of the City’s written notice to proceed, all services and work, and comply in all respects, as specified in the document titled “Scope of Work” a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 2 of 22 Project 10685 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Consultant at the City’s request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Not-To-Exceed basis as provided in Exhibit B “Payment Schedule” attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $299,632.93 . 2.2 The Consultant shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Consultant default in the performance of this Agreement or materially breach any of its provisions, City, at City’s option, may terminate this Agreement by giving written notification to Consultant. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 3 of 22 Project 10685 3.3 Should City fail to pay Consultant all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Consultant, at the Consultant’s option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 86 (eighty six) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Consultant shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Consultant in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Consultant shall have 56 (fifty six) calendar days to complete the work as described herein. Consultant shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Consultant in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 4 of 22 Project 10685 Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 6. Independent Consultant: 6.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent consultant, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Consultant, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent consultants and not as employees of the City. 6.3 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City’s control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction and supervision and control of the Consultant. 7. Removal of Unsatisfactory Employees: The Consultant shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Consultant is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONSULTANT shall indemnify and save and hold harmless CITY and it’s elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney’s fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 5 of 22 Project 10685 conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers’ Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys’ fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant’s officers, employs, agents, representatives or subconsultants and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it’s obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best’s rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Consultant shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Consultant’s Insurance coverage shall be primary insurance regarding the City’s elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City’s elected officers, officials, employees and volunteers shall be excess of the Consultant’s insurance and shall not contribute with Consultant’s insurance except as to the extent of City’s negligence. 8.5 The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 6 of 22 Project 10685 8.6 All insurance coverages for subconsultants shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Consultant and Consultant’s agents, representatives, employees or subconsultants. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Consultant is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the consultant and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: Quality support must be provided within a twenty-four (24) hour timeframe and a resolution within a seventy-two (72) hour timeframe, all people providing support must be trained and certified. Consultant(s) must provide the City of Meridian replacement equipment during downtimes. Any equipment needing replaced must be replaced with new equipment or repair of existing equipment (refurbished equipment will not be accepted). Consultants(s) must provide the City of Meridian a detailed plan of customer support and maintenance for all equipment installed. Warranty of hardware and contract labor. Hardware warranties for new or replaced equipment must be a minimum of five (5) years and contract labor warranties must be a minimum of two (2) years. All equipment / goods supplied shall meet the minimum requirements set forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Consultant will be required to correct the same at the Consultant’s expense. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 7 of 22 Project 10685 The Crestron equipment included in this proposal is a system design validated by Crestron that will operate correctly provided that it is configured, programmed, wired, and installed as per the best practices and specifications outlined in Crestron product manuals and design guides. These additional on-site services are the responsibility of the Crestron Authorized Dealer who is under contract for final system commissioning and delivery. 
 A Crestron CDP provides end user with a 5 year extended warranty on all Crestron components. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT’S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a consultant are subject to Use Tax. All other taxes are the responsibility of the Consultant and are to be included in the Consultant’s Bid pricing. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT’S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 8 of 22 Project 10685 16. Publication, Reproduction and Use of Material : No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Equal Employment Opportunity: In performing the work herein, Consultant agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Consultant will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney’s or the opportunity to seek such advice. 19. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 9 of 22 Project 10685 not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 24. Payment Request: Payment requests shall be submitted to City of Meridian through the City’s project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 25. Cleanup: Consultant shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Consultant shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 26. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 27. Compliance with Laws: In performing the scope of work required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 28. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 29. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-489-0417 CONSULTANT VLCM Attn: Nate Stephenson 3520 S 300 W Salt Lake City, UT 84115 Phone: Email: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 30. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY iY RIDIAN BY: TAMMY de WEE YOR Dated:__ / 0/ d �)O1(Q Approved by Council: /U Attest: C.JAY OLE ITY CLERK Purchasing Approval BY: KEITH , urchasing Manager Dated:: Project Manager Kristy Vigil LIG VALCOM -SALT LAKE CITYDBAVLCM BY: Mike Linton, Ezxeetfive VP & General _ wt -,rt .I GO�Q&ATEDAZC l r,► Of o W E PIAN SEAL / IT Department Approval BY:2 . " 7 Daviede, Cfti'ef Information Officer Dated::_ /J L,,7- et CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 10 of 22 Project 10685 CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 11 of 22 Project 10685 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO RFP CH-1634-10685 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # CH-1634-10685, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK SPECIFICATIONS / SCOPE OF WORK EQUIPMENT TO BE REMOVED / REPLACED Included below is a list of equipment in the City Council Chambers and the auxiliary rooms. This list of equipment must be removed from City Hall and disposed of by the Consultant accordingly (with the exception of the one TV listed below): • Cameras for streaming (does not include the two (2) security cameras) • Microphones, including the microphone located at the podium • Wireless microphones • Speakers, Chambers • Tricaster • Three (3) TV monitors, Chambers. The latest model TV shall be removed, but remain on-site and left with the IT Department • Thin Client computers, Chambers • Computer monitors, Chambers (dais and Staff tables) • Two (2) TV monitor, Conference Room A and B • One (1) TV monitor, City Hall Lobby • Staff table control panel • Obsolete equipment at the Staff Table • Elmo located at the Staff table • All abandoned wiring and cabling must be removed from the rooms and closets • All equipment located within the rack. If desired, the existing rack may be reused CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 12 of 22 Project 10685 • Smartboard located at the Podium • Light located at the Podium • Elmo located at the Podium • Production room computer • Control (wall) panels: City Council Chamber, Council Meeting Room and Conference Rooms A and B • Presentation timer • Remove rack located in the closet in Conference Room B • Assisted listening panels on either side of the City Council Chambers DETAILED REQUIREMENTS Included below is a high-level description of requirements. All wiring, materials and incidentals required for these updates to function are included in the contract cost. It is the responsibility of the Consultant to verify existing electrical conditions. All equipment must be mounted and installed. All equipment must be connected to existing and new electrical wiring or component cabling. All equipment shall be fully functional at the time of testing and installation. MAIN SYSTEM The existing system in the City Council Chambers must be replaced and the following functionality is required: • Relocate / replace the existing rack located in the closet on the north side of the room to a storage closet on the south side of the room. This requirement must include all associated wiring for the equipment, including electrical • Functionality as a single-source for all audio and video, including but not limited to, streaming, monitors, recording, and audience viewing monitors • Functionality of redundancy within the system to continue operation of components in case of a failure of other components • Functionality to revert to default system settings after each use • Proposed solution shall be certified by the manufacturer of the equipment • Functionality to inject streaming feed into TV cabling system • Functionality to plug into the existing VoIP phone system for the purpose of participating in a meeting or taking testimony over the phone and the functionality for video chat/conferencing system in the future • Access to our programming • Ability to program software to meet our needs STREAMING The streaming functions currently used must be updated and the following functionality is required: • Replace the audio / video production system CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 13 of 22 Project 10685 • Intuitive process for streaming for users of all levels • Intuitive record/stream function (button) for all user levels. Functionality must have the ability to record video and audio (locally) at all times • Ability to define naming convention and save location for saved files; able to save to a network resource. • Functionality must include camera functions, including but not limited to, wide angle shot, panning, tilting, and zooming • Functionality to control streaming from multiple locations, including, Clerks and Staff Table, and not just within the Green Room • Functionality for persons at the Staff Table to display presentation during stream a function to verify the stream is functioning • Functionality to view the presenter and content simultaneously; ability to display documents electronically captured during streaming • Functionality to stream during Roundtable setting meetings • Video stream that is using the RTMP or RTSP protocol to carry an encoded H.264 video stream to our system • Functionality shall include a way to delete recordings when streaming is complete • Functionality to end recording when audio stops. This could include a timer function setting with auto detection • Functionality to support picture in picture • Functionality to stream audio and video over the Internet • Functionality to troubleshoot streaming issues remotely • Functionality to remotely record and stream meetings off-site, including, capturing audio and video. CONTROL PANELS The existing control panels for the Clerk and Staff Table must be replaced and the following functionality is required: • Functionality to control all functions in the Chambers and Green Room, including but not limited to, presentations, audio, video, cameras, streaming, recording, and volume • Provide two (2) mobile controls panels to be used within City Hall. The mobile control panels must have docking stations • Programed with predetermined settings for audio, video, recording, and all other functionality in the City Council Chamber. CLERK The Clerk position on the dais must be reconfigured and the following functions are required: • Ability to capture documents to the Clerk’s computer for electronic record retention and return documents to the presenter. The solution must include auto-focus to capture clear images • Increased functionality of controls for Clerk (see CONTROLS PANELS above) • Ability to record audio for records from the Clerk PC • Redesigned monitor layout with the possibility of mobility CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 14 of 22 Project 10685 STAFF TABLE The existing Staff table on the south side of the room must be reconfigured and the following functionality is required: • Functionality to have multiple presentations in process without interference and still use computer during presentation. This must include access to the Staff workstation during presentations • Reconfigure computer components located below the table and remove obsolete equipment. Relocate the rack so the rack is accessible to Staff, but will not interfere with Staff seating AUDIENCE VIEWING The existing audience viewing structure must be reconfigured and the following functionality is required: • Multiple ceiling mounted monitors that can be viewed from anywhere in the room • Monitors cannot block the view of the dais or the persons sitting at the dais PODIUM The existing podium is satisfactory and must remain. The following functionality is required at the podium: • Functionality to present electronically and is intuitive to operate • Functionality for presenter to interact with City Council and City Staff • Functionality for annotation and zooming by the presenter during presentation • A timer showing the presenter time allowed and time remaining. The controls of the timer must be operated by the Clerk • Existing light at the podium must be removed • Existing ELMO at the podium must be removed • Functionality to capture data at the podium used by the presenter. The Clerks must have functionality at their station to save the captured data to the Clerks computer. The solution must include auto-focus to capture clear images • Multiple connectivity options for presentation devices, including but not limited to, VGA, DVI, HDMI, mini-HDMI, USB, and Tablets • Need physical space to add an additional device, including but not limited to, laptop, tablet, or similar devices CAMERAS The existing cameras in the City Council Chambers must be replaced and the following functionality is required: • With at least 1080p capability • Must provide full coverage of the City Council Chambers, and PTZ functions including the ability to capture various areas of the Chamber for a roundtable meeting setting CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 15 of 22 Project 10685 AUDIO The existing audio in the City Council Chambers must be replaced and the following functionality is required: • Functionality to provide optimal audio quality during meetings, recording, streaming, and video playback • Speakers shall provide no feedback during use or recordings • Functionality for optimal audio volume for various inputs or the functionality to auto adjust accordingly • Functionality to have audio backup for Clerks and Stenographer in case of an outage MICROPHONES The existing microphones in the City Council Chambers must be replaced and the following functionality is required: • Functionality to mute each microphone; from controls of the Clerk and from individual user • Microphones must have visible light(s) to show when the microphones are active or inactive • Microphones shall provide no feedback during use or recordings • Microphones, exclusive of the dais, Staff seats, and podium, shall have mobility and wireless functions to meet the needs of a roundtable meeting setting and to serve auxiliary rooms • Functionality to pick up presenters that have stepped away from the microphone and from a short distance • Functionality to pick up people seated at the dais and Staff Tables at variable distances • Podium microphone must be adjustable or of sufficient height to capture input from presenters of variable height • Wireless functionality to accommodate off-site meetings ROUNDTABLE SETTING The existing configuration of the Chambers does not accommodate meetings structured in a roundtable setting and must be reconfigured. The following functionality is required: • Functionality to record audio and video • Functionality to present electronically • Ability to view audience monitors in Chambers • Functionality to conduct meetings in the center of Chambers CITY COUNCIL SEATS The City Council Members must have the following functionality from each seat at the dais: • Replace existing thin client computers with another solution. The solution must have the following specifications at a minimum: CPU: i7; RAM: 8GB DDR4; HDD: 256GB SSD 1GBPS network adapter CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 16 of 22 Project 10685 • Functionality to electronically interact with presenter/audience • Functionality for screen annotation and zooming and controlled by Clerk • All display panels must be mounted in a manner so the views of persons seated at the dais are visible by audience and/or presenter. Display panels must have a minimum of 22 inch viewing area • Functionality to switch between presentation and agenda, supplementary materials, internet, and email CITY COUNCIL CONFERENCE ROOM The existing technology in the City Council Conference Room must be replaced and the following functionality is required: • The existing control panel needs to be replaced. The new panel must be programmed and have full functionality upon replacement • The control panel must have the functionality to operate the projector, screen, speakers, and VGA • Functionality of the installed Control Panel must integrate with the main system • Speakers located in the room must function and must not provide any feedback GREEN ROOM The existing technology in the Green Room must be replaced and the following functionality is required: • Replace the existing MAC with a desktop solution. The proposed solution must support Final Cut Pro CONFERENCE ROOMS A AND B The existing technology in Conference Rooms A and B must be replaced and the functionality is required: • The existing control panels need to be replaced. The new panels must be programmed and have full functionality upon replacement • Programed with predetermined settings for audio, video, recording, and all other functionality in Conference Rooms A and B • The control panel must have the functionality to operate the projector, screen, speakers, and VGA • Speakers located in the rooms must function and must not provide any feedback • The existing projector in Conference Room A must have the functionality to view City Council and Planning Zoning Commission meetings • Functionality for a Wireless Display Adapter • Equipment located in Conference Rooms A and B must integrate with the main system • Existing TV monitors in Conference Rooms A and B must be removed • Ability to project to both projectors in A and B from either panel in A and B CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 17 of 22 Project 10685 LOBBY The existing technology in the City Hall lobby must be replaced and the following • Remove and replace the TV monitor in the lobby. • TV in the lobby must have the functionality to stream audio and video for meetings in the Chambers • TV in the lobby must have the functionality to receive output from the Staff PC • The speakers in the lobby must have the functionality to play audio from meetings in the Chambers COMMUNITY DEVELOPMENT CONFERENCE ROOM 12 Conference Room 12 in the Community Development Department is affected by the technology replacement and the following functionality is required: • The existing control panel needs to be replaced. The new panel must be programmed and have full functionality upon replacement • The control panel must have the functionality to operate the existing TV INTENDED FUNCTION Any required changes to the system (hardware, software, configuration, programming & audio tuning) to comply with the intent of this Scope of Work must be provided at no cost for one year from the date of acceptance of the system. ADDITONAL REQUIREMENTS Listed below are additional technical requirements of the Consultant: • Provide detailed plan for keeping the function of the system operable, without disruption to weekly use, while making the required upgrades • All equipment shall effectively accommodate users of all levels • Provide a mechanism for Citizens to sign-up electronically to speak in the City Council Chambers. The solution shall include three mobile (3) devices and an option to secure the devices • Provide an uninterruptible power supply and surge protection for the equipment located in rack and the City Council Chambers • Provide updated equipment for the hearing impaired. All equipment provided shall meet ADA standards • Wall plate at Stenographer station with functionality to listen to audio with headphones and record audio with an output • Functionality in the same wall plate for local media to record audio • Connect all equipment to existing and new electrical wiring or component cabling. All equipment shall be fully functional • Provide City of Meridian Staff detailed training on the entire system and all equipment installed CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 18 of 22 Project 10685 • Provide System Acceptance Testing upon the installation of all equipment and components to City of Meridian Staff • Provide City of Meridian video recording training on the entire system and equipment installed • Provide the City of Meridian a detailed maintenance agreement for all equipment installed • Must provide insurance certificates and payment & performance bonds. • Provide the City as-built drawings and schematics. CONSULTANT GUARANTEES THAT ALL EQUIPMENT IN THE CONTRACT PRICING SCHEDULE WILL MEET OR EXCEED ALL REQUIRED FUNCTIONALITIES LISTED ABOVE. Project Approach and Installation Schedule Equipment and Initial Meetings • Order all equipment listed in the Contract Pricing Schedule (October 26, 2016). • Conduct a meeting with the key stakeholders that should include a mix of end users, IT staff, and project management staff (November 4, 2016). The primary purpose of the meeting is to discuss the design and the implementation of the new system and verify requirements listed above. Receipt of Material and Full Mock Up (Est. week of November 14, 2016) • Consultant shall provide a full mock up demonstration to City staff, with the City’s equipment, demonstrating full compliance with the requirements and functionality listed above at its Salt Lake City facility. Completion of Mock Up and System Check (Mock Up November 29, 2016) Installation and Substantial Completion • December 6th, 2016 - begin installation of Chamber Room • December 12th , 2016 – finish installation of Chamber Room. Room must be fully operational, functional and ready for training. • December 13th , 2016 – training for City Staff. Including, IT Staff, City Council, Mayor, and City Clerk. Training will be needed for the Planning & Zoning Commission by December 15, 2016 Completion of Council Chambers After the Council Chambers system is installed the installation team will move onto the conference rooms. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 19 of 22 Project 10685 • December 14th , 2016 – begin installation for Conference Rooms A & B, Community Development 12, and Council Meeting Room • December 21, 2016 – Complete installation and training for the overall project • December 20 or 21, 2016 – training on the Streaming system • December 21, 2016 - Completion of Training and Additional Training and Close Outs Consultant will focus on training staff on use of entire system. Multiple trainings should be conducted for different types of users (Clerk, Staff, Council Members, IT Staff) VLCM will deliver all as-built’s, programming (locked for 1 year until labor warranty expires), and training material Delivery of Close Out Documents On-Going support VLCM anticipates that there will be ongoing support and programming changes once the system is in use. These requests will be handled at that time. CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 20 of 22 Project 10685 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $299,632.93. MILESTONE DATES/SCHEDULE Milestone 1 Order all equipment October 26, 2016 Milestone 2 Completion of Mock Up and System Check November 29, 2016 Milestone 3 Complete installation of Chamber Room December 12, 2016 Milestone 4 Substantial Completion December 21, 2016 Milestone 5 Completion of Training for all equipment/systems December 21, 2016 Milestone 6 As Builts & Programming January 16, 2016 Milestone 7 Final Acceptance January 20, 2016 PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the CITY OF MERIDIAN CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT per RFP CW-1634-10685 NOT TO EXCEED CONTRACT TOTAL………………….. $299,632.93 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the consultant based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 75 inch Pro Bravia 4K Display Android w/ RS232/IP Control 4 $15,461.60 65 inch diag 4K/UHD Pro Bravia SMART Display/WiFi/RS232 1 $1,816.63 HP EliteDesk Mini desktop 10 $8,050.00 Apple iPad Air 2 64GB 2 $998.00 Base Charger 2 $398.00 iPad Sleeve 2 $298.00 RF Modulator 1 $120.00 iMac 1 $1,299.00 Ceiling View Document Camera 1 $4,767.00 CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 21 of 22 Project 10685 8" Mounting Plate 2 $96.26 8-10' Adjustable ext. Column 2 $306.31 Large Universal Fusion Tilt Wall Mount 1 $253.57 FUSION™ Large Single Pole Flat Panel Ceiling Mounts 2 $500.93 Large Flat Panel Swing Arm Wall Display Mount - 37" Extension 2 $1,222.56 Wall Plate 4K DigitalMedia 8G+® Transmitter 100, White Textured 5 $1,785.00 Wall Plate DigitalMedia 8G+® Transmitter 200, White Textured 4 $2,856.00 Crestron® Certified HDMI® Interface Cable, 6 ft 16 $408.00 Crestron® Certified Computer VGA Interface Cable w/Audio, 6 ft 3 $61.20 4K DigitalMedia 8G&#43;® Receiver & Room Controller w/Scaler 21 $19,278.00 Crestron® Certified HDMI® Interface Cable, 3 ft 28 $571.20 Digital Graphics Engine 100 14 $14,280.00 22” HD Touch Screen Display, Black 15 $4,842.00 3x210W Commercial Power Amplifier, 4/8 ohm or 70/100V 2 $1,581.00 Saros® 8” 2-Way In-Ceiling Speaker, White Textured, Single (must be ordered in multiples of 2) 30 $4,590.00 Safety Tether/Tie Down Kits, 10 Sets 3 $229.50 Denon Network SD and USB Recorder 1 $718.80 Media Presentation Audio Amplifier, 70 Volt 2 $561.00 10.1” Touch Screen, Black Smooth 5 $6,120.00 3-Series Control System® 1 $2,640.00 16-Port Managed PoE Switch 1 $1,351.50 HDBaseT® Certified 4K DigitalMedia 8G+® Input Card for DM® Switchers 9 $5,967.00 4K HDMI® Input Card for DM® Switchers 8 $4,080.00 4K HDMI® Input Card w/Downmixing for DM® Switchers 1 $612.00 32x32 DigitalMediaTM Switcher 1 $8,772.00 2-Channel HDBaseT® Certified 4K DigitalMedia 8G+® Output Card for DM® Switchers 12 $10,396.80 Streaming Output Card for DM® Switchers 1 $1,530.00 2-Channel 4K Scaling HDMI® Output Card for DM® Switchers 2 $1,836.00 DigitalMedia 8G&#153; Cable, plenum, 1000 ft spool 8 $4,896.00 Connectors for DM-CBL-8G DigitalMedia 8G&#153; Cable, 100-Pack 1 $255.00 RoboShot 30 HDMI PTZ 4 $9,445.80 DGE-200 3 $5,760.00 Assisted Listening system 1 $10,733.78 Precision Camera Controller 1 $1,834.35 OneLink HDMI for RoboShot HDMI Camera 4 $5,401.20 CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT page 22 of 22 Project 10685 Cardioid Condenser Gooseneck Microphone (18" long) 2 $554.40 MicroLine® Condenser Gooseneck Microphone (18" Long) 15 $4,158.00 Microphone Desk Stand with Switch 15 $2,960.10 8-Channel Executive HD™ System, w/o mics 2 $10,012.66 Omnidirectional Tabletop HD™ Mic, RF-Armor™ 16 $5,372.93 revoCARE Gold 3 Year for Executive HD™ 8-Channel System includes coverage for up to 8 HD™ mics 2 $2,752.22 EDGE DSP frame with 4 I/O expander card slots, 64x64 Dante 4 $9,595.20 4 Channel AEC Input Card Analog input expander with AEC 10 $6,228.00 4 Channel Digital Output Card Digital output expander 4 $1,291.20 2 Line VoIP Interface Card 1 $286.80 12 Input Dante Expander 1 $1,618.80 4 Post Rack Kit with Wire Management 1 $4,200.00 Premium Series UPS Rackmount Power, 8 Outlet, 2150VA/1650W, Web Enabled 1 $1,213.20 Premium Series UPS Extended Run Time Battery Pack 2 $1,135.20 Pearl Video Streaming System 2 $10,725.00 Handheld Wireless System PL22 in case 4 $976.80 Lapel Wireless System PL22 in case 2 $488.40 Pelican Case for Mobile System 1 $180.00 RMC3 Control System 1 $600.00 HDMI+VGA transmitter 1 $780.00 4x1 Portable Microphone Mixer 1 $166.80 Travel, Additional Cabling Hardware 1 $18,176.24 Installation Labor 1 $46,180.00 Place holder for Temporary Recording Equip 1 $1,000.00 City Of U€ridiaD Detaj.led Statements of Revenues and bq)enditures - Rev and Exp Report - Kej,th - Unposted Transactions Included Io Report 1950 - Ctty Ea11 55 - crDltal Prol.ct8 Ftot 1-O/7/2075 Through 9/30/201? Budget with Culren! Year Ac!ua1 Budgec Remaj.ni[g Percent of Budge! Remaining 96001 10110.a Capital Outlay CIP - l'tunicipal Celtler city Ha1I Plaza - A.DA Upglades Carryfori{ard ToEal capital outlay 33, 000.00 422,144 .44 33, 000 .00 422, !44 .44 0 .00 100.00* Carr 00.00t 455,140.44 455,144.44 100.00t TOTA! EXPEN'DITURES 455 140 ..14 0.00 455 L40.44 100.00t Date: t0/2o/L6 02,11: ss PM 0 .00 0 .00 IDSOS Viewing Business Entity Annual Reports: Page I of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Get a certificate of existence for VALCOM SALT LAKE CITY. LC ] I Monitor VALCOM SALT LAKE CITY. LC business filinos ] VALCOM SALT LAKE CrTY, LC 3520 S 300 W SALT LAKE CITY, UT 84115 Type of Businesss L]MITED LIABILITY COMPANY Statuss EXISTING State of Origin: UTAH Date of 29 l"1ar 2006 Origination/Authorization: Current Registered Agent: NICK BELL 8699 W LILLYWOOD ST BOISE, ID 83709 File Number: w 49067 Date of Last Annual Report: 21 Jan 2016 Annual Report Due: Mar 2Ol7 Original Filing: Filed 29 Mar 20O6 FOREIGN REGISTRATION STATEMENT I Helo Me Print/View TIFF ] View Imaoe ( PDF format) View Imaoe (TIFF format) I Helo Me Print/View TIFF ] View Document Online View Document Online View Document Online Report for year 2O16 Report for year 2015 Report for year 2Ol4 Report for year 2013 Report for year 2012 Report for year 2011 Report for year 2010 Report for year 2OO9 Report for year 2OO8 Report for year 2OO8 Report for year 2OO7 View Document Online View Docu ment Online View Docu ment On line View Imaoe (PDF format) View Imaoe (TIFF format) REPORT View Document Online View Imaoe (PDF format)View Imaoe (TIFF format) View Imaqe (PDF format) View Image (TIFF format) ANNUAL ANNUAL ANNUAL AN NUAL AN NUAL AN NUAL AN NUAL AN NUAL REPO RT AN NUAL CH NG RA/RO ANNUAL REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT https://www.accessidaho.org/publ iclsos/corp/W49067.html t0/2012016 City of Meridian RFQ NAME: CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT RFQ NUMBER: CH -1634-10685 Rater Criteria Adherence to the RFP 5 4.28 3.47 4.38 4.06 Project Approach - Conformance of the specifications / scope of the project and an understanding of the project 45 36.44 32.34 39.69 39.38 objectives; the ability to provide a solution to meet or exceed the objectives c) Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be 25 18.44 17.97 22.69 22.23 provided (the nature, quality, and relevance of similar completed work), including subcontractors Past support experience and references of quality support and ability to provide timely on-site service calls 25 14.59 15.91 21.25 23.04 and resolution. The nature, quality, and relevance of similar support provided Cost 15 15.00 8.65 8.09 11.59 Totals Possible 88.75 78.34 100.30 VENDOR I Points AATronics MarshCreek Neurilink VLCM Rater Criteria Adherence to the RFP 5 4.28 3.47 4.38 4.06 Project Approach - Conformance of the specifications / scope of the project and an understanding of the project 45 36.44 32.34 39.69 39.38 objectives; the ability to provide a solution to meet or exceed the objectives c) Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be 25 18.44 17.97 22.69 22.23 provided (the nature, quality, and relevance of similar completed work), including subcontractors Past support experience and references of quality support and ability to provide timely on-site service calls 25 14.59 15.91 21.25 23.04 and resolution. The nature, quality, and relevance of similar support provided Cost 15 15.00 8.65 8.09 11.59 Totals 115 88.75 78.34 100.30 Selection 1 3 4 1 VLCM 4.06 39.38 22.23 23.04 11.59 100.30 1 �EIDIAN,F- �J PURCHASING DEPARTMENT 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Phone: (208) 489-0416 Fax: (208) 887-4813 REQUEST FOR PROPOSALS PROJECT NO. CH -1634-10685 CONTRACT SPECIFICATIONS FOR: CITY OF MERIDIAN CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT PROPOSALS MUST BE RECEIVED PRIOR TO 4:00 P.M. July 8, 2016 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Pre -Proposal Conference June 23, 2016 10:00 A.M. MANDATORY [ ] YES 33 E. Broadway [X]NO Meridian, ID 83642 Prepared by: KEITH WATTS NAME AND ADDRESS OF VENDOR SUBMITTING PROPOSAL Name: Date: Address: City: State: Zip: Email: PROJECT # CH -1634-10685 TABLE OF CONTENTS PAGE Cover Sheet/Table of Contents........................................................................................2 I. Notice Calling for Proposals......................................................................................3 II. Instructions to Respondents.......................................................................................8 III. Proposal Documents..................................................................................................12 A. Proposal Form.............................................................................................12 B. Respondents Experience Statement ....... Exhibit A (Specifications/Scope of Work ................... Exhibit B (List of Sub -Contractors) ............................ ...............................................15 ...............................................17 ...............................................18 Attachment A (Sample Agreement).................................................................................26 2 of 39 PART I NOTICE CALLING FOR PROPOSALS PURPOSE The City of Meridian is soliciting proposals from respondents to provide solutions to upgrade the audio and video equipment in the City Council Chambers and auxiliary rooms located at 33 E. Broadway Avenue, Meridian, Idaho. SCOPE OF WORK Contained within the Specifications / Scope of Work "Exhibit B" are specific objectives which will be required of the awarded respondent. The City of Meridian shall retain the ability to revise this scope as necessary. PRESENTATIONS Those respondents which are determined to be best qualified to undertake the services required under this Request for Proposals may be invited to make a presentation to the City. Short listed respondents are required to provide City of Meridian Staff a tour and demonstration of a facility contractor has recently installed similar equipment (list facility description of installation). Further information may be provided to the prospective respondents after the initial selection. The presentation shall allow time for questions and answers by City Staff to the presenter SUBMITTAL REQUIREMENTS One (1) original, nine (9) copies, and one (1) electronic copy of the respondents sealed proposal will be received by the City on July 8, 2016 until 4:00 p.m., MT at the office of the Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. The Proposal must contain, but is not limited to the following information: 1. Completed proposal form submitted on PART III - A PROPOSAL FORM. 2. A summary of the respondents experience with projects similar to the types of work stated in this Request for Proposals, submitted on PART III - B, RESPONDENT'S EXPERIENCE STATEMENT. 3. Project Approach (approach to entire project start to close-out) 4. Itemized List of Equipment 5. Design of all rooms 6. Design of the system 7. Detailed project timeline and Schedule of Work from the date the RFP is issued. The Schedule of Work must include operational continuity, proposed downtimes of each room, equipment delivery, installation, and deployment. 8. List of Subcontractors 3 of 39 9. Experience Statement 10. Any additional information which the respondent deems appropriate. 11. Total proposed cost of respondent's services in response to and in compliance of this Request for Proposal's. (COST SECTION SHALL BE PROVIDED IN A SEPARATE SEALED ENVELOPE MARKED "COST PROPOSAL"). Proposal costs shall be detailed and are to include all labor, material, travel, related expenses, equipment, etc. ALL COSTS MUST BE ITEMIZED. 4 of 39 GENERAL TERMS AND CONDITIONS Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Proposal. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured thorough an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. All provisions of the City code are applicable to any Proposal submitted or contract awarded pursuant thereto. Within sixty (60) days after the Proposal opening, a contract may be awarded by the City to the highest ranked responsive and responsible Proposer, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City if required to evaluate Proposals or for such other purposes as the City may determine, unless the Proposer objects to such extension in writing with his Proposal. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. FORM CONTRACT Exceptions and Alternatives: The Sample Contract attached to this Request for Proposals ("RFP") and, by this reference, made a part hereof, contains the terms and conditions that apply to the performance of this work. If the bidder suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision of the RFP, such alternative or exception shall be clearly stated and identified in the submitted proposal. Any alternative must satisfy all minimum qualifications specified in the RFP. The City expressly reserves the right, in its sole discretion, to (1) reject a proposal containing any exception or alternatives as non -conforming, or (2) accept any proposal alternative or exception and to award a contract based there on if determination to be in the best interest of the City. If no alternative or exceptions are noted, submission of a proposal shall be the proposer's acceptance of the Contract as included in this RFP. The successful proposer will be expected to sign the Contract upon award of the bid. EXAMINATION OF CONTRACT DOCUMENTS The Proposal's shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them. 5 of 39 AWARD The City of Meridian reserves the right to make an award on any item, group of items in the aggregate to that/those highest ranked responsive and responsible contractor (s) whose Proposal (s) is/are most responsive to the needs of the City. Within five (5) days of receipt of a Notice -To -Proceed, the successful Contractor must order all equipment and supply the City with proof that all equipment orders have been placed. The City of Meridian reserves the right to purchase equipment listed at its discretion EVALUATION (Inspection) Equipment and goods will be inspected before acceptance by an authorized representative of the City of Meridian for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of the specifications. If deficiencies are found, it shall be the responsibility of the contractor to replace for reinspection and acceptance. Payment will not be made until corrective action has been made and City Acceptance has been obtained. BRAND NAME Brand names and numbers, when used, are for reference to indicate the character And quality desired. Contractors may offer comparable "EQUAL" products unless expressly prohibited herein. If necessary, the burden of proof and cost on analysis to determine equality shall be that of the Contractor. If proposing an "EQUAL", please state name of manufacturer, model, and part number, if applicable, and enclose descriptive literature. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Proposals, General Conditions and Instructions to Proposal's, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Proposal's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. 6 of 39 CITY'S REPRESENTATIVES Purchasing Representative Keith Watts, Purchasing Manager 33 East Broadway Meridian, ID 83642 (208) 888-4433 Fax (208) 887-4813 kwatts(a meridiancity.or:� Technical Representative David Tiede, CIO 33 East Broadway Meridian, ID 83642 (208) 489-0496 Fax (208) 489-0496 dtiede «hneridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Request for Proposals or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may be caused for rejection of the proposal. Dated: &/ Cl / 1 CITY OF MERIDIAN Ke' atts, Purchasing Manager 7 of 39 PART II INSTRUCTIONS TO RESPONDENTS 1. EXPLANATIONS TO RESPONDENTS There are thirty-nine (39) total pages in this Request for Proposals. It is the respondent's responsibility to ensure that all pages are included. If any pages are missing, immediately request a copy of the missing page (s) by e -mailing your request to Keith Watts, Purchasing Manager at kwattsOmmeridiancit�org, RFP Project # CH -1634-10685 Any explanation desired by a respondent regarding the meaning or interpretation of the Request for Proposals, or any part thereof, must be requested in writing (via fax or e- mail) and with sufficient time allowed for a reply to reach respondent before the submission of their proposal. Any Request of a technical nature should be sent to BOTH the Purchasing Representative and Technical Representative. Any interpretation made will be in the fonn of an addendum to the Request for Proposals, issued by the Purchasing Agent, and will be furnished to all prospective respondents of record. Oral explanations or instructions given before proposal opening will not be binding. 2. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent must (1) examine the Request for Proposals documents thoroughly, (2) visit the site to familiarize himself/herself with local conditions that may, in any manner, affect cost, progress or performance of the work, (3) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposal's. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Request for Proposal's, or any addendum. 3. SUBMISSION OF PROPOSALS Interested firms shall submit one (1) original, nine (9) copies, and one (1) electronic copy of their response in Accordance with this Request for Proposals and must be sealed and addressed as directed below. Failure to do so may result in a premature opening of, or a failure to open, such proposals. Such premature or late opening, or failure to open, may result in disqualification of the proposal. The outside of the envelope must bear the notation: F-11 on PROJECT # CH -1634-10685 City of Meridian City Council Chambers Technology Replacement JULY 8, 2016 4:00 P.M. The envelope must be addressed and delivered to: City of Meridian, Purchasing Department, 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. 4. LATE PROPOSALS AND MODIFICATIONS Proposals and modifications thereof received after the exact time of closing of proposals which is 4:00 p.m. MT, JULY 8, 2016 will not be considered. 5. WITHDRAWAL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request received from respondent prior to the time set for closing of proposals. 6. PROPOSAL REQUIREMENTS To receive consideration, the proposal must comply with the following additional requirements: a. The proposal and all other documents or material submitted will be deemed to constitute part of the proposal. b. Proposals must be valid for a period of sixty (60) calendar days from the date of opening. 7. INTENT OF THE CITY The objective of this Request for Proposals is to provide sufficient information to enable qualified respondents to submit written proposals. This Request for Proposals is not a contractual offer or commitment to purchase services. Contents of this Request for Proposals and respondent's proposal will be used for establishment of final contractual obligation. It is to be understood that this Request for Proposals and the respondent's proposal may be attached or included by reference in an agreement between the City and successful respondent. 9 of 39 8. BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a) Adherence to the RFP (5 points) b) Project Approach - Conformance of the specifications / scope of the project and an understanding of the project objectives; the ability to provide a solution to meet or exceed the objectives (45 points) c) Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be provided (the nature, quality, and relevance of similar completed work), including subcontractors ( 25 Points) d) Past support experience and references of quality support and ability to provide timely on-site service calls and resolution. The nature, quality, and relevance of similar support provided (25 points) e) Cost (15 points) The City reserves the right to reject any or all proposals, to make an award on the basis of suitability to purpose or superior quality, to accept other than lowest proposal or any other criteria the City believes to be in the best interest of the City. After the City has identified the proposal with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City's ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Proposals. If an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked firm. 9. REQUIRED INSURANCE Insurance requirements are listed in Section 3 of the attached sample Agreement (Attachment A). 10. CONTRACT COMPLETION DATE The successful respondent shall be required to (a) sign a City contract (b) commence on site work under the contract within forty five (45) calendar days after the date the successful respondent receives the Notice to Proceed, (c) perform the work diligently, and (d) complete the work by the completion date negotiated. 10 of 39 11. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. If any Proposer claims any material to be exempt from disclosure under the Idaho Public Records Law, the Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer upon request after the award of the contract. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. 12. PROPOSED SCHEDULE Issue the Request for Qualifications Pre -Proposal Conference (10:00—12:00am) Addendum Issued (if needed) Receive Qualifications Selection Award of Contract Notice To Proceed Begin On -Site Work Substantial Completion 11 of 39 June 10, 2016 June 23, 2016 June 28, 2016 July 8, 2016 August 16, 2016 August 23, 2016 August 24, 2016 October 10, 2016 To Be Negotiated PART III PROPOSAL DOCUMENTS A - PROPOSAL FORM In response to the Request for Proposals, the undersigned respondent hereby proposes to furnish labor, material, travel, professional services, permits, supervision, equipment and equipment rental and all related expenses, and to perform all work necessary and required to complete the following project in strict accordance with the terms of this Request for Proposals and the final contract: PROJECT # CH -1634-10685 CITY OF MERIDIAN CITY COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT Respondent certifies that he/she has examined and is fully familiar with all of the provisions of the Request for proposals and any addendum thereto; that he/she is submitting a proposal in strict accordance with the Instructions to Respondents; and that he/she has carefully reviewed the accuracy of all attachments to this proposal. Respondent certifies that he/she has examined the proposal documents thoroughly, studied and carefully correlated respondent's observations with the proposal documents, and all other matters which can in any way affect the work or the cost thereof. Respondent agrees that this proposal constitutes a firm offer to the City which cannot be withdrawn by the respondent for sixty (60) calendar days from the date of actual opening of proposals. If awarded the contract, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Contract form, insurance certificates and bonds (if required). Attached is the Respondent's Experience Statement (Part III, B) which has been completed by respondent and made a part of this proposal. Respondent also acknowledges receipt of the following addendum to the Request for Proposals which addendum have been considered by respondent in submitting this proposal (if none, state "NONE"): Addendum No. 1 Addendum No. 2 12 of 39 Respondent certifies that he is currently registered as a Contractor and licensed as a Public Works Contractor in the State of Idaho. State N/A if not applicable. Idaho Contractor Registration No. N A if not applicable Idaho Public Works Contractor License No. N A if not applicable Submitted by, RESPONDENT'S BUSINESS NAME (type or print) By: (signature in ink) Date: Name: Title: RESPONDENT'S BUSINESS ADDRESS/PHONE/FAX/E-MAIL (PH) (FAX) Note: If respondent is a corporation, give State of incorporation; if a partnership or joint venture, give full names of all partners or joint venturers. 13 of 39 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate. Officer or the owner or a partner in the business entity submitting this Proposal; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this Proposal, that the undersigned knows and represents and warrants to the City of Meridian that this Proposal is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this Proposal. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: BY: TITLE: ADDRESS: DATE: 14 of 39 PART III PROPOSAL DOCUMENTS B -RESPONDENT'S EXPERIENCE STATEMENT (attach additional sheets if necessary) The respondent submits as a part of its proposal, the following information as to its experience and qualifications: a) The respondent has been engaged in this business under its present business name for years. b) Experience in work of a nature similar in type and magnitude to that set forth in the request for proposal extends over a period of years. c) The respondent has satisfactorily completed all contracts awarded to it, except as follows: (name any and all exceptions and reasons therefore). d) List technology used to complete project(s) of a similar type and similar size. e) Provide a Service Level Agreement - including priorities with response times and resolution times, hours of general availability, after-hours availability, and associated rates. f) Provide method for contacting support and how these requests will be handled. g) Provide respondents customer satisfaction rating. h) List five references for projects of similar type work and magnitude and list five completed projects with ongoing support as set forth in this Request for Proposals. Please include a sheet with all contact information and details of the project on a separate sheet. OWNER YEAR TYPE OF CONTRACT COMPLETED WORK AMOUNT 15 of 39 I certify that the above information is true and correct to the best of my knowledge. Signed this day of at (date) (month) (year) (city, state) NAME OF RESPONDENT: 16 of 39 (title) EXHIBIT A LIST OF SUBCONTRACTORS Requirements In the event that the general contractor intends to self -perform the plumbing, HVAC or electrical work, the general contractor must be properly licensed by the state of Idaho to perform such work. The general contractor shall demonstrate compliance with this requirement by listing their valid contractor's license number for the plumbing HVAC or electrical work to be self -performed by the general contractor on the bid form Subcontractors As required by Idaho Codes 54-1902 and 67-2310 the following list includes the names, addresses, Idaho Public Works License number and the percentage of project in dollars for all Subcontractors. Failure to name subcontractor (if used) for plumbing, heating, air-conditioning and electrical as required by said section 67- 2310 will render any bid submitted by a general Contractor unresponsive and void. Public Works and Trade license numbers MUST be provided (Only list subcontractors or self when trade is required for project, please use N/A if trade is not required for this project). ESTIMATED NAME OF SUB- PW PERCENTAGE OF CONTRACTOR TRADE CONTRACTORS CONTRACT/PROJECT LICENSE# PRICE COMPLETE AND RETURN THIS PAGE WITH BID IF NOT APPLICABLE WRITE N/A AND RETURN WITH BID COUNCIL CHAMBERS TECHNOLOGY REPLACEMENT RFP NUMBER PW -1634-10685 17 of 39 PART IV EXHIBIT B SPECIFICATIONS / SCOPE OF WORK The City of Meridian is seeking to update existing audio/video equipment in the City Council Chambers and auxiliary rooms and is issuing this Request for Proposal (RFP) to outline their requirements and to offer interested vendors and opportunity to respond. The City of Meridian seeks a solution to improve communication during Public Hearings and Meetings to citizens, Mayor, City Council, Commissions, and City Staff. To meet this objective, the solution shall have capabilities for streaming, quality viewing visibility, and quality audio performance. Proposers (vendors, systems integrators, and resellers) interested in responding to this RFP are required to submit a proposal for a solution, which satisfies all requirements of the RFP. Incomplete responses, or responses satisfying only a portion of the requirements of the RFP, may be rejected. BACKGROUND The technology currently installed and used in the City Council Chambers and auxiliary rooms was installed in 2008 with construction of the building. The equipment is outdated and has the potential for failure. In addition, the equipment is challenging to use and causes interruptions during hearings and meetings. A team of IT Staff and City Staff from several City Departments held meetings spanning a few months and identified the issues and challenges with the current technology. In addition to the meetings, City Staff toured several Government facilities to view newer technology installed in their meetings rooms. EQUIPMENT TO BE REMOVED / REPLACED Included below is a list of equipment in the City Council Chambers and the auxiliary rooms. This list of equipment must be removed from City Hall and disposed of accordingly: • Cameras for streaming (does not include the two (2) security cameras) • Microphones, including the microphone located at the podium • Wireless microphones • Speakers, Chambers • Tricaster • Three (3) TV monitors, Chambers. The latest model TV shall be removed, but remain on- site and left with the IT Department • Thin Client computers, Chambers • Computer monitors, Chambers (dais and Staff tables) • Two (2) TV monitor, Conference Room A and B • One (1) TV monitor, City Hall Lobby • Staff table control panel • Obsolete equipment at the Staff Table 18 of 39 • Elmo located at the Staff table • All abandoned wiring and cabling must be removed from the rooms and closets • All equipment located within the rack. If desired, the existing rack may be reused • Smartboard located at the Podium • Light located at the Podium • Elmo located at the Podium • Production room computer • Control (wall) panels: City Council Chamber, Council Meeting Room and Conference Rooms A and B • Presentation timer • Remove rack located in the closet in Conference Room B • Assisted listening panels on either side of the City Council Chambers DETAILED REQUIREMENTS Included below is a high-level description of requirements that need to be accounted for within the design. These are minimum requirements and the City of Meridian is open to any additional features or enhancements available. All electrical work, materials and incidentals required for these updates to function will be included in the cost of the upgrades. No additional payment will be made for modifications or additions to the existing electrical supply and system, including but not limited to outlets, cables, wiring and data lines. It is the responsibility of the Contractor to verify existing electrical conditions. The requirements in this RFP must be addressed on an individual and detailed basis. Specifically, address how each requirement will be satisfied in your response. Contractor(s) proposal must include all mounting and installation & wiring of all proposed equipment offered. Any proposed equipment must be latest model equipment that is easy -to use and provide quality output during hearings and meetings in the Chambers. All equipment must be mounted and installed. All equipment must be connected to existing and new electrical wiring or component cabling. All equipment shall be fully functional at the time of testing and installation. MAIN SYSTEM The existing system in the City Council Chambers must be replaced and the following functionality is required: • Relocate or replace the existing rack located in the closet on the north side of the room to a storage closet on the south side of the room. This requirement must include all associated wiring for the equipment, including electrical • Functionality as a single -source for all audio and video, including but not limited to, streaming, monitors, recording, and audience viewing monitors • Functionality of redundancy within the system to continue operation of components in case of a failure of other components 19 of 39 • Functionality to revert to default system settings after each use • Proposed solution shall be certified by the manufacturer of the equipment • Functionality to inject streaming feed into TV cabling system • Functionality to plug into the existing VoIP phone system for the purpose of participating in a meeting or taking testimony over the phone and the functionality for video chat/conferencing system in the future • Access to our programming • Ability to program software to meet our needs STREAMING The streaming functions currently used must be updated and the following functionality is required: • Replace the audio / video production system • Intuitive process for streaming for users of all levels • Intuitive record/stream function (button) for all user levels. Functionality must have the ability to record video and audio (locally) at all times • Ability to define naming convention and save location for saved files; able to save to a network resource. • Functionality must include camera functions, including but not limited to, wide angle shot, panning, tilting, and zooming • Functionality to control streaming from multiple locations, including, Clerks and Staff Table, and not just within the Green Room • Functionality for persons at the Staff Table to display presentation during stream a function to verify the stream is functioning • Functionality to view the presenter and content simultaneously; ability to display documents electronically captured during streaming • Functionality to stream during Roundtable setting meetings • Video stream that is using the RTMP or RTSP protocol to carry an encoded H.264 video stream to our system • Functionality shall include a way to delete recordings when streaming is complete • Functionality to end recording when audio stops. This could include a timer function setting with auto detection • Functionality to broadcast Closed Captioning during streaming. It is desired to have an option for this to be an automated function • Functionality to support picture in picture • Functionality to stream audio and video over the Internet • Functionality to troubleshoot streaming issues remotely • Functionality to remotely record and stream meetings off-site, including, capturing audio and video. CONTROL PANELS The existing control panels for the Clerk and Staff Table must be replaced and the following functionality is required: • Functionality to control all functions in the Chambers and Green Room, including but not limited to, presentations, audio, video, cameras, streaming, recording, and volume 20 of 39 • Provide two (2) mobile controls panels to panels must have docking stations • Programed with predetermined settings functionality in the City Council Chamber. CLERK be used within City Hall. The mobile control for audio, video, recording, and all other The Clerk position on the dais must be reconfigured and the following functions are required: • Ability to capture documents to the Clerk's computer for electronic record retention and return documents to the presenter. The solution must include auto -focus to capture clear images • Increased functionality of controls for Clerk (see CONTROLS PANELS above) • Ability to record audio for records from the Clerk PC • Redesigned monitor layout with the possibility of mobility STAFF TABLE The existing Staff table on the south side of the room must be reconfigured and the following functionality is required: • Functionality to have multiple presentations in process without interference and still use computer during presentation. This must include access to the Staff workstation during presentations • Reconfigure computer components located below the table and remove obsolete equipment. Relocate the rack so the rack is accessible to Staff, but will not interfere with Staff seating AUDIENCE VIEWING The existing audience viewing structure must be reconfigured and the following functionality is required: • Multiple ceiling mounted monitors that can be viewed from anywhere in the room • Monitors cannot block the view of the dais or the persons sitting at the dais • Functionality for audience to view Closed Captioning. It is desired to have an automated system for this function. PODIUM The existing podium is satisfactory and must remain. The following functionality is required at the podium: • Functionality to present electronically and is intuitive to operate • Functionality for presenter to interact with City Council and City Staff • Functionality for annotation and zooming by the presenter during presentation • A timer showing the presenter time allowed and time remaining. The controls of the timer must be operated by the Clerk • Existing light at the podium must be removed • Existing ELMO at the podium must be removed 21 of 39 • Functionality to capture data at the podium used by the presenter. The Clerks must have functionality at their station to save the captured data to the Clerks computer. The solution must include auto -focus to capture clear images • Multiple connectivity options for presentation devices, including but not limited to, VGA, DVI, HDMI, mini-HDMI, USB, and Tablets • Need physical space to add an additional device, including but not limited to, laptop, tablet, or similar devices CAMERAS The existing cameras in the City Council Chambers must be replaced and the following functionality is required: • With at least 1080p capability • Must provide full coverage of the City Council Chambers, and PTZ functions including the ability to capture various areas of the Chamber for a roundtable meeting setting • It is desired to have functionality to switch camera view based on microphone input AUDIO The existing audio in the City Council Chambers must be replaced and the following functionality is required: • Functionality to provide optimal audio quality during meetings, recording, streaming, and video playback • Speakers shall provide no feedback during use or recordings • Functionality for optimal audio volume for various inputs or the functionality to auto adjust accordingly • Functionality to have audio backup for Clerks and Stenographer in case of an outage MICROPHONES The existing microphones in the City Council Chambers must be replaced and the following functionality is required: • Functionality to mute each microphone; from controls of the Clerk and from individual user • Microphones must have visible light(s) to show when the microphones are active or inactive • Microphones shall provide no feedback during use or recordings • Microphones, exclusive of the dais, Staff seats, and podium, shall have mobility and wireless functions to meet the needs of a roundtable meeting setting and to serve auxiliary rooms • Functionality to pick up presenters that have stepped away from the microphone and from a short distance • Functionality to pick up people seated at the dais and Staff Tables at variable distances • Podium microphone must be adjustable or of sufficient height to capture input from presenters of variable height • Wireless functionality to accommodate off-site meetings ROUNDTABLE SETTING 22 of 39 The existing configuration of the Chambers does not accommodate meetings structured in a roundtable setting and must be reconfigured. The following functionality is required: • Functionality to record audio and video • Functionality to present electronically • Ability to view audience monitors in Chambers • Functionality to conduct meetings in the center of Chambers CITY COUNCIL SEATS The City Council Members must have the following functionality from each seat at the dais: • Replace existing thin client computers with another solution. The solution must have the following specifications at a minimum: CPU: i7; RAM: 8GB DDR4; HDD: 256GB SSD 1 GBPS network adapter • Functionality to electronically interact with presenter/audience • Functionality for screen annotation and zooming and controlled by Clerk • All display panels must be mounted in a manner so the views of persons seated at the dais are visible by audience and/or presenter. Display panels must have a minimum of 22 inch viewing area • Functionality to switch between presentation and agenda, supplementary materials, internet, and email CITY COUNCIL CONFERENCE ROOM The existing technology in the City Council Conference Room must be replaced and the following functionality is required: • The existing control panel needs to be replaced. The new panel must be programmed and have full functionality upon replacement • The control panel must have the functionality to operate the projector, screen, speakers, and VGA • Functionality of the installed Control Panel must integrate with the main system • Speakers located in the room must function and must not provide any feedback GREEN ROOM The existing technology in the Green Room must be replaced and the following functionality is required: • Replace the existing MAC with a desktop solution. The proposed solution must support Final Cut Pro CONFERENCE ROOMS A AND B The existing technology in Conference Rooms A and B must be replaced and the functionality is required: • The existing control panels need to be replaced. The new panels must be programmed and have full functionality upon replacement • Programed with predetermined settings for audio, video, recording, and all other functionality in Conference Rooms A and B 23 of 39 • The control panel must have the functionality to operate the projector, screen, speakers, and VGA • Speakers located in the rooms must function and must not provide any feedback • The existing projector in Conference Room A must have the functionality to view City Council and Planning Zoning Commission meetings • Functionality for a Wireless Display Adapter • Equipment located in Conference Rooms A and B inust integrate with the main system • Existing TV monitors in Conference Rooms A and B must be removed • Ability to project to both projectors in A and B from either panel in A and B LOBBY The existing technology in the City Hall lobby must be replaced and the following • Remove and replace the TV monitor in the lobby. • TV in the lobby must have the functionality to stream audio and video for meetings in the Chambers • TV in the lobby must have the functionality to receive output from the Staff PC • The speakers in the lobby must have the functionality to play audio from meetings in the Chambers COMMUNITY DEVELOPMENT CONFERENCE ROOM 12 Conference Room 12 in the Community Development Department is affected by the technology replacement and the following functionality is required: • The existing control panel needs to be replaced. The new panel must be programmed and have full functionality upon replacement • Functionality of the installed Control Panel must integrate with the main system • The control panel must have the functionality to operate the existing TV SUPPORT AND WARRANTY Support of the equipment installed is critical to the City of Meridian and our business operations. Quality support must be provided within a twenty-four (24) hour timeframe and a resolution within a seventy-two (72) hour timeframe, all people providing support must be trained and certified. Contractor(s) must provide the City of Meridian replacement equipment during downtimes. Any equipment needing replaced must be replaced with new equipment or repair of existing equipment (refurbished equipment will not be accepted). Contractors(s) must provide the City of Meridian a detailed plan of customer support and maintenance for all equipment installed. Warranty of hardware and contract labor must be provided with this RFP. Hardware warranties for new or replaced equipment must be a minimum of five (5) years and contract labor warranties must be a minimum of two (2) years. Copies of proposed warranties must be included in this RFP. 24 of 39 Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements set forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. INTENDED FUNCTION Any required changes to the system (hardware, software, configuration, prograiruning & audio tuning) to comply with the intent of this RFP must be provided at no cost for one year from the date of acceptance of the system. ADDITONAL REQUIREMENTS Listed below are additional technical requirements of the RFP and the following is required: • Contractor(s) to provide detailed plan for keeping the function of the system operable, without disruption to weekly use, while making the required upgrades • Provide equipment that is an easy-to-use solution. The equipment shall effectively accommodate users of all levels • Provide a mechanism for Citizens to sign-up electronically to speak in the City Council Chambers. The solution shall include three mobile (3) devices and an option to secure the devices • Provide an uninterruptible power supply and surge protection for the equipment located in rack and the City Council Chambers • Provide updated equipment for the hearing impaired. All equipment provided shall meet ADA standards • Wall plate at Stenographer station with functionality to listen to audio with headphones and record audio with an output • Functionality in the same wall plate for local media to record audio • Contractor(s) / Contractor(s) must connect all equipment to existing and new electrical wiring or component cabling. All equipment shall be fully functional • Contractor(s) must provide City of Meridian Staff detailed training on the entire system and all equipment installed • Contractor(s) must provide System Acceptance Testing upon the installation of all equipment and components to City of Meridian Staff • Contractor(s) must provide City of Meridian video recording training on the entire system and equipment installed • Contractor(s) must provide the City of Meridian a detailed maintenance agreement for all equipment installed • Contractor(s) must have Public Works licenses and must provide copies to the City of Meridian per the attached sample contract. • Contractor(s) must be insured and bonded and must provide copies to the City of Meridian per the attached sample contract. • Contractor(s) are responsible and required to apply for all required building permits (these are no -fee permits), including but not limited to, electrical permits, tenant improvement, and building permits • Contractor must provide the City as -built drawings and schematics. 25 of 39 ATTACHMENT A SAMPLE AGREEMENT CONTRACT FOR PUBLIC WORKS CONSTRUCTION NAME OF PROJECT PROJECT # 101 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of , 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and , hereinafter referred to as "CONTRACTOR", whose business address is and whose Public Works Contractor License # is C - INTRODUCTION Whereas, the City has a need for services involving NAME OF PROJECT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: a. CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. b. All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, 26 of 39 publish and use such work, or any part thereof, and to authorize others to do so. C. The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. d. Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration a. The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $00,000. b. The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. C. Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Te rm : a. This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or 27 of 39 unless some other method or time of termination is listed in Exhibit A. b. Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. C. Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within xx (number of days spelled out) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have xx (number of days spelled out) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: a. If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this 28 of 39 Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. b. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: a. In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. b. Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. C. Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language 29 of 39 while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: a. CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. b. Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. C. Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. To the extent of the indemnity in this contract, Contractor's Insurance 30 of 39 coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. e. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. g. The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be 31 of 39 performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: hftp://www.meridiancitv.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: a. At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. b. Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum 32 of 39 of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: 33 of 39 Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all 34 of 39 traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian NAME OF CONTRACTOR Purchasing Manager Attn: 33 E Broadway Ave Meridian, ID 83642 208-489-0417 Phone: Email: Idaho Public Works License # Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34.Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN NAME OF CONTRACTOR BY: BY: 35 of 39 TAMMY de WEERD, MAYOR Dated: Approved by Council: Attest: JACY JONES, CITY CLERK Purchasing Approval KEITH WATTS, Purchasing Manager Dated:: Project Manager PM Name Dated: Department Approval BY: WARREN STEWART, Engineering Manager Dated:: 36 of 39 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-16XX-101 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-16XX-101, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY name of engineer dated X-XX-XXXX (xx of pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by name of engineer dated Date 015 (xx of pages) 37 of 39 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $00,000. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion xx Days from Notice to Proceed Milestone 2 Final Completion xx Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW-16XX-101 Total Bid Schedule A ...................$00,000.00 Total Bid Schedule B ...................$00,000.00 NOT TO EXCEED CONTRACT TOTAL ....................... 0 0 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description c Quantity Unit Unit Price 38 of 39 Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Ordinance No. 16-1709 Public Hearing for SECOND READING: Ordinance No. 16-1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O’CLOCK A.M. - TITLE 4, CHAPTER 1, SECTION 8(B) PAGE 1 OF 2 CITY OF MERIDIAN ORDINANCE NO.______________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.B (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O’CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; Republic Services, the City’s solid waste and recycling franchisee, having come before the Mayor and City Council to report that the effect of growth in the community has impacted its ability to safely and timely collect commercial premises, including schools, in accordance with MCC 4-1-8(B); and WHEREAS; Republic Services having informed the Mayor and City Council that an additional hour earlier in the morning would enable timely collection to occur; and WHEREAS; the Mayor and City Council finding that changing the current early AM commercial collection start time from five o’clock (5:00) A.M. to four o’clock (4:00) A.M will result in a safer community, and more efficient and cost-effective solid waste and recycling services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 4, Chapter 1, Section 8(B), Meridian City Code is hereby amended to read as follows: 4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: B. Collection At Commercial Premises: The following provisions shall apply to all commercial customers and premises within the city of Meridian: 1. Frequency Of Service: Franchisee shall provide commercial service every day except Sunday, commencing at five four o'clock (54:00) A.M. Public and private schools shall be serviced between five four o'clock (54:00) A.M. and seven o'clock (7:00) A.M. Franchisee shall collect solid waste and recyclable materials from commercial premises in one of the following manners, per customer election: a. Regular Service: Franchisee may collect solid waste and recyclable materials regularly, at least once weekly. b. On Call Service: Franchisee may collect solid waste and recyclable materials within the next working day of a customer request. The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring on call service. CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O’CLOCK A.M. - TITLE 4, CHAPTER 1, SECTION 8(B) PAGE 2 OF 2 On call customers not generating wet or putrescible wastes shall receive collection services at least once per month, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. c. Temporary Service: Franchisee may provide collection services to temporary accounts for construction, landscaping, demolition, or other short term projects. Temporary service shall be provided no longer than one hundred twenty (120) days. Use of temporary service shall not replace regular solid waste and recyclable materials collection service for the premises. Solid waste and recyclable materials not generated by the short term project shall not be placed in a temporary container. Temporary service for construction and demolition wastes will be limited to roll-off containers, except where construction and demolition trash service can only be provided with a three (3) yard container due to inadequate space or other site restrictions. The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring temporary service. Temporary customers not generating wet or putrescible wastes shall receive collection services at least once per month, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. Section 2 That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this_____ day of _________________, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _________________, 2016. APPROVED: ______________________________ Tammy de Weerd, Mayor ATTEST: ______________________________ C.Jay Coles, City Clerk CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 25, 2016 Item # I Project Number: Ordinance No. 16-1709 Project Name: AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 Please print your name ECEIV E E�4 t CITY OFG�%� '.ITV CLERKS OFFICE For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 7B PROJECT NUMBER: H-2016-0008 ITEM TITLE: Browning Plaza Public Hearing Continued from August 23, 2016 for Browning Plaza (H-2016-0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES mt APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Council Meeting October 25, 2016 Item #8B: Browning Plaza Vicinity/Zoning Map Approved Preliminary Plat Date: CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET October 20,2016 Item # 713 Project Number: H-2016-0008 Project Name: Browning Plaza Please print your name For Against Neutral Do you wish to testify (Y/N) R.EcEiVET) 1 ., i_E>, 7dei CITY OFO�fE =LAN,_ Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 7C PROJECT NUMBER: H-2016-0038 ITEM TITLE: Public Hearing Continued from June 28, 2016 August 23, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane MEETING NOTES t/,j iix/�Jraud Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 20,2016 Item # 7C Project Number: Project Name: Please print your name CITY CLERKS OFFICE H-2016-0038 Browning Plaza For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 7D PROJECT NUMBER: H-2016-0116 ITEM TITLE: Public Hearing for TM Crossing (H-2016-01 16) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and 1-84 1. Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineers Signature on the Final Plat for Phase I MEETING NOTES rte✓ APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Item #8D: TM Crossing Zoning/Vicinity Map Preliminary Plat CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 20,2016 Item # 7D Project Number: Project Name: Please print your name CITY OF C �WFTW - H-2016-0116 TM Crossing For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Public Works: Update on Meridian's Petition to the Idaho Department of Water Resources to establish an Area of Drilling Concern for Source Water Protection MEETING NOTES Izz Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Approval of Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 MEETING NOTES � A P P R 0 V F 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 EIDIAN.4-6-P, Effective iPr - Le October 25, 2016 — September 30, 2018 TABLE OF CONTENTS AGREEMENTPREAMBLE......................................................................................................... 1 ARTICLE1 — RECOGNITION..................................................................................................... 1 ARTICLE 2 — DISCRIMINATION............................................................................................... 2 ARTICLE 3 — PREVAILING RIGHTS......................................................................................... 2 ARTICLE 4 — MANAGEMENT RIGHTS.................................................................................... 2 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF ..................................... 3 ARTICLE 6 — UNION BUSINESS................................................................................................ 3 ARTICLE 7 — REDUCTIONS IN FORCE.................................................................................... 4 ARTICLE 8 — RULES and REGULATIONS................................................................................. 4 ARTICLE 9 — INSURANCE.......................................................................................................... 4 ARTICLE 10 —SICK LEAVE....................................................................................................... 7 ARTICLE11 — INJURY LEAVE................................................................................................... 8 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTAL & HOLIDAY LEAVE ............... 9 ARTICLE 13 — RELIEF PERSONNEL....................................................................................... 12 ARTICLE 14 — VACANCIES....................................................................................................... 13 ARTICLE 15 — PROMOTIONS................................................................................................... 14 ARTICLE 16 — GRIEVANCE PROCEDURE.............................................................................. 15 ARTICLE 17 — NO STRIKES — NO LOCKOUT........................................................................ 17 ARTICLE 18 — UNIFORM ALLOWANCE AND ISSUED EQUIPMENT ............................... 18 ARTICLE 19 — HOURS OF WORK AND DESIGNATED WORK HOURS ............................ 19 ARTICLE 20 — BEREAVEMENT LEAVE................................................................................. 20 ARTICLE 21 — ADDITIONAL DUTY AND COMPENSATION .............................................. 20 ARTICLE 22 — WORKING OUT OF CLASSIFICATION......................................................... 22 ARTICLE23 — STAFFING......................................................................................................... 22 ARTICLE 24 — SALARIES......................................................................................................... 24 ARTICLE 25 — ALCOHOL & DRUG POLICY.......................................................................... 24 ARTICLE 26 — HEALTH AND WELLNESS............................................................................. 24 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK ........................................................ 25 ARTICLE 28 — SAVINGS CLAUSE........................................................................................... 27 ARTICLE 29 — EFFECTIVE DATE............................................................................................ 27 APPENDIX "A" — WAGE SCHEDULE APPENDIX "B" — DRUG & ALCOHOL POLICY APPENDIX "C" — ISSUED EQUIPMENT APPENDIX "D" — POLICY AP 205 — UNIFORM/PERSONAL APPEARANCE APPENDIX "E" — NORTHWEST FIREFIGHTERS BENEFITS TRUST PROJECTED 2017 RATES I AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter 5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire 6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its 7 employees, and to promote the morale, rights, and well-being of the members of the Fire 8 Department, hereby agree as follows: 9 10 ARTICLE 1— RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section 1, Sub -section 1 (44-1801(1)) of the Idaho 12 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as 13 defined by said code excluding any clerical support staff. 14 This Agreement shall apply, currently, but not be limited to the following: 15 16 1.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian Fire 17 Department 18 These employees currently work shifts defined by Article 19.1. The positions 19 incorporated by this Agreement are for Probationary Firefighter, Firefighter 1,11,111, Engineer, 20 Captain Suppression, and Battalion Chief. 21 22 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department 23 These employees currently work a shift as defined in Article 19.2. The position 24 incorporated by this Agreement are Recruit Firefighter, Captain Fire Inspector, Captain 25 Training, and may include Suppression Firefighter personnel that are assigned on a temporary 26 basis for training or light duty. Temporarily assigned personnel will not be required to flex 27 their forty (40) hour per week schedule, as defined in Article 19.2, without mutual consent by 28 the individual and the department. Temporarily assigned personnel shall not have their vacation 29 or sick leave converted pursuant to Article 12. 1, but will only accrue vacation and sick leave at 30 the forty (40) hour per week employee rate during the temporary assignment. 31 32 COLLECTIVE LABOR AGREEMENT — Page I of 28 I ARTICLE 2 - DISCRIMINATION 2 There shall be no discrimination against, intimidation, or harassment of any employee 3 by either the CITY, DEPARTMENT, or UNION or any member acting on behalf of the 4 UNION, because of the employee's membership or non -membership in the UNION or by virtue 5 of his/her holding office or not holding office in the UNION. 6 The CITY and the UNION agree that neither shall discriminate against any employee or 7 prospective employee with respect to his/her compensation, terms, conditions, or privileges of 8 employment because of such employee's race, color, religion, sex, national origin, age, or other 9 factors which do not constitute a bona fide occupational requirements. It shall be the exclusive 10 responsibility of the DEPARTMENT to determine bona fide occupational requirements within 11 the meaning of this Article. 12 13 ARTICLE 3 — PREVAILING RIGHTS 14 All rights, privileges and benefits held by the firefighters at this time which are not 15 included in this contract shall remain in force, unchanged and unaffected in any manner unless 16 agreed to and memorialized in writing by both parties to the Agreement, provided that the 17 Management of the Department may change or cancel any such right, privilege or benefit 1) 18 temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the 19 best interest of the CITY or the DEPARTMENT, provided further that any change, cancellation 20 or alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for 21 the purposes of harassment, or in a manner resulting in disparate treatment, and must be with 22 just cause by Management. Any change shall be subject to the Grievance Procedure. Nothing 23 in this Article is intended to supersede the CITY's obligation to negotiate pursuant to the 24 provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of 25 this Agreement. 26 27 ARTICLE 4 — MANAGEMENT RIGHTS 28 The DEPARTMENT shall have the exclusive right to exercise the regular and 29 customary functions of management, subject to the provisions of this Agreement and consistent 30 with applicable law and regulations, including, but not limited to: Determining the 31 DEPARTMENT'S financial, budgetary, accounting and organizational policies and procedures; 32 Directing the activities and operations of the DEPARTMENT; Determining the levels of service COLLECTIVE LABOR AGREEMENT — Page 2 of 28 1 and methods of operations; To create and oversee personnel policies, rules and regulations not 2 inconsistent with any other term of this Agreement; The introduction of new equipment; The 3 right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To 4 determine work schedules and assign work; To determine job qualifications; To take whatever 5 action may be necessary to carry out its mission. Provided that nothing in this Article shall 6 nullify: (1) Any provisions elsewhere in this agreement, or (2) The CITY's statutory obligation 7 to negotiate with the UNION Pursuant to Chapter 18, Title 44, Idaho Code. Any change or 8 cancellation of any such right or privilege that is provided within Idaho Code shall be subject to 9 the grievance procedure. 10 The terms hereof are intended to cover only minimums in wages, hours, working 11 conditions, benefits, and other terms and conditions of employment. The CITY may place 12 superior wages, hours, working conditions, benefits and other terms and conditions of 13 employment in effect and may reduce the same to the minimums herein prescribed. 14 This Article shall not preclude the UNION and the CITY from meeting during the 15 period of the contract to either (1) discuss procedures for avoiding grievances and other 16 problems, or (2) generally improving relations between the parties. 17 18 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF 19 The CITY agrees to deduct authorized union dues, fees and assessments in amounts 20 specified by the authorized officer of the UNION, from the pay of the UNION employees upon 21 written authorization. The CITY further agrees to transmit those amounts monthly to the 22 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and 23 assessments. The CITY will show deductions of dues, fees and assessments on the employee's 24 monthly check stubs. 25 26 ARTICLE 6 — UNION BUSINESS 27 Firefighters elected to UNION office shall be granted time off to attend functions, 28 conventions and seminars within the State of Idaho, provided that the Deputy Chief of 29 Operations, or the Fire Chief in his/her absence is given seventy-two (72) hours notice and 30 approves such leave. Up to three (3) members of the UNION's Contract Negotiation 31 Committee shall be allowed time off either as leave without pay or vacation time at the COLLECTIVE LABOR AGREEMENT — Page 3 of 28 I employee's discretion, for all meetings with the CITY for contract negotiations, for union 2 conventions and for union seminars mutually set by the CITY and the UNION. 3 UNION shall be allowed to hold meetings within CITY Fire Stations. When 4 teleconferencing is available for all stations; meetings shall be held at multiple stations rather 5 than Station 1. By mutual consent a meeting may be held at one station as schedule and 6 workload allows. The CITY shall always maintain authority over the use of its stations. 7 8 ARTICLE 7 — REDUCTIONS IN FORCE 9 Reductions in force shall be established by a resolution of the City Council. If a 10 reduction in force is directed then it shall be done based upon seniority within each section 11 Twenty -Four (24) or Forty (40) hour that is to be reduced. 12 Seniority in the Meridian Fire Department is established at the time of hiring and is 13 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a 14 coin toss. 15 No new employees, in either twenty-four (24) or forty (40) hour per week positions as 16 covered by this Agreement will be hired until the released members have been given the 17 opportunity to return to work. When positions become available then released personnel shall be 18 re -hired in the inverse order they were released. 19 20 ARTICLE 8 — RULES and REGULATIONS 21 The rules and regulations and policies of the DEPARTMENT relating in any way to 22 wages, hours and/or conditions of employment shall be made a part of this Agreement. The 23 rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to 24 change by mutual consent. 25 26 ARTICLE 9 — INSURANCE 27 For Calendar year 2017, the CITY shall pay 100% of the employee premiums for 28 medical, vision, dental, EAP, life, and short & long-term disability insurance if the employee 29 qualifies for the two discounts offered by the City for participation in the Wellness Program by 30 submitting to a Biometic screening which includes a blood draw ($15 monthly discount off 31 premium) and non -tobacco user waiver ($25 monthly discount off premium). If the employee 32 does not qualify for the discount, the employee shall pay up to $40 per month for their own COLLECTIVE LABOR AGREEMENT — Page 4 of 28 I benefits. The CITY shall pay the same premium and provide identical coverage to the UNION 2 for health insurance that is given to other city employees. The coverage shall be comparable to 3 the current coverage in policies, in existence as of the effective date of this agreement. The 4 CITY will pay 75% of the same premium for the dependent medical and dental benefits in the 5 same manner that it pays for other city employees. This provision will be reviewed on an 6 annual basis after quotes for insurance are received to determine what adjustments may be 7 needed to employee contributions to the plan. However, adjustments in coverage may be 8 necessary if premiums quoted are above that amount. Any adjustments will not exceed 9 adjustments made to other city employees. The CITY reserves the right to make changes in 10 carriers, premiums and provisions of these programs when deemed necessary or advisable. 11 On January 1, 2018, the Meridian Fire Fighters will transition into the Northwest 12 Firefighters Benefits Trust (NWFFT) Medical, Vision, and Dental plans, including the plans 13 identified as the 2017 NWFFT Plan $750 and 2017 NWFFT Plan $1500. The City shall agree to 14 pay up 3% of an increase to the rates (premiums) provided and identified as 2017 NWFFT Plan 15 $750/$1500, and attached as Exhibit "E". CITY shall pay 100% of the employee premiums for 16 medical, vision, dental, EAP, life, and short & long-term disability insurance if the employee 17 qualifies for the two discounts offered by the City for participation in the wellness program by 18 submitting to a Biometric screening which includes a blood draw ($15 monthly discount off 19 premium) and non -tobacco user waiver ($25 monthly discount off premium). If the employee's 20 does not qualify for the discount the employee shall pay up to $40 per month for their benefits. 21 The CITY will pay 80% of the same premium for the dependent medical and dental benefits. 22 Each employee participating in the NWFFT medical plan shall also have a VEBA 23 account established in his or her name. The VEBA will be accessible while actively employed 24 and after separation from employment in accordance with IRS rules. The City contribution will 25 provide $75.00/month on behalf of eligible employees who choose the NWFFT plan $750, and 26 $150/month on behalf of all eligible employees who choose the NWFFT Plan $1500 for plan 27 year 2018 or the life of this Agreement. 28 Should an employee's eligible dependent status changes mid -year, the City will increase 29 the employer's contribution per the tier that the employee transitions to. Tiers and rates for the 30 tiers will be provided to the City annually in the month of August when the renewal rates are 31 finalized by NWFFT. 32 COLLECTIVE LABOR AGREEMENT — Page 5 of 28 1 9.1 Line of Duty Death Benefit 2 If a Firefighter dies in the line of duty as determined by the United States Department of 3 Justice, in addition to other benefits that are available for a firefighter who dies in the line of 4 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State 5 Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay 6 the following benefits: 7 1) Cash value of 100% of the accumulated sick leave up to a maximum of 720 hours 8 remaining to the survivor of the firefighter; either to the spouse, or dependent children at the 9 survivor's choice; paid in one lump sum to the party or their designated trustee or 10 representative. 11 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 12 term life and $50,000 accidental death benefit. 13 14 9.2 - Post Employment Benefit 15 When a firefighter retires from active duty, by qualifying under the rules existing under 16 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any 17 method in existence at the time of retirement allowed by PERSI, the CITY agrees to pay the 18 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining for 19 that firefighter to them at the time of their retirement. 20 21 9.3 Voluntary Health Insurance and Benefits 22 There shall be established a Firefighter Only Retirement Health Plan between the 23 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical 24 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the fire 25 department that are covered by the terms of this Collective Bargaining Agreement shall be 26 required to be a member of WSCFFMERP by City policy whether they are a member of the 27 UNION or not. 28 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by 29 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be 30 required to submit plan documents to the CITY with all the necessary information to allow the 31 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual 32 UNION members monthly pay stubs. COLLECTIVE LABOR AGREEMENT — Page 6 of 28 1 The deductions by the CITY have to align with the beginning of the City's pay periods 2 and payrolling system. 3 4 ARTICLE 10 — SICK LEAVE 5 Any twenty-four (24) hour shift member of the UNION incurring a non -duty sickness or 6 disability which renders them unable to perform their duties shall receive sick leave with full 7 pay within his/her accumulated sick leave time. All twenty-four (24) hour shift members shall 8 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours. 9 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours per 10 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry 11 over from one contract to the succeeding contract. 12 Any UNION member that transfers from a twenty-four (24) hour shift position to a forty 13 (40) hour per week position or vice versa shall have their accumulated leave adjusted by the 14 following conversion factor. 15 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 16 accumulated leave by .736. 17 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 18 accumulated leave by 1.36. 19 Any UNION member whose employment with the CITY is voluntarily separated from 20 employment, but not by PERSI retirement, shall be paid, at their regular wage rate, for 10% of 21 their accrued sick leave at the date of separation. If an employee is involuntarily terminated by 22 the CITY, excluding workforce reduction, no pay will be given. 23 Any UNION member unable to perform their duties for more than three (3) consecutive 24 shifts for twenty-four shift members and five (5) consecutive days for forty hour per week 25 members due to non -duty sickness or disability shall be required to provide medical 26 documentation from their attending physician that states that the employee is unable to perform 27 their regular duties or any limitations that may exist and the expected length of time before the 28 employee can return to full duty. Any employee may be required to provide a physician 29 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members 30 and five (5) consecutive days for forty hour per week members to ensure compliance with the 31 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or COLLECTIVE LABOR AGREEMENT — Page 7 of 28 I incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more 2 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for 3 forty hour per week members. 4 10.1— Donating of vacation leave and receiving paid time off for catastrophic illness or 5 injuries (FMLA Qualifying) of Firefighters or Family members 6 UNION members that suffer a catastrophic illness or injury to themselves or an 7 immediate family member shall be eligible to receive leave time from another member of the 8 UNION to cover any loss of income for the member's absence from their regularly scheduled 9 duty assignment. 10 The illness and/or injury as well as the qualifying individual must all comply with the 11 requirements of the Family Medical Leave Act and the City Policy to be able to receive this 12 paid time off. 13 UNION members may donate all of their accrued vacation hours per calendar year. The 14 receiving UNION member cannot receive more than 480 hours for forty (40) hour per week 15 Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of donated 16 time per calendar year except as allowed by City Policy 4.3.1. 17 Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1 18 employees are eligible to donate accumulated vacation leave to another employee that has an 19 FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term 20 disability benefits to employees. The paid time off that is necessary for an employee to 21 maintain their pay during this period shall be coordinated with that benefit so that the employee 22 does not receive an excess of their regular pay. All IRS regulations must be followed by any 23 participant in this program. 24 25 ARTICLE 11— INJURY LEAVE 26 When a firefighter is incapacitated on the job the firefighter shall be entitled to injury 27 leave with full monthly pay without reduction which includes the wage scale in APPENDIX 28 "A", during the time period in which the firefighter is unable to perform their duties, limited to 29 a maximum of twelve (12) months or until such time as the firefighter is accepted for retirement 30 by the current retirement system, whichever comes first. During the period of injury leave any 31 Worker's Compensation benefits received by the member for total or partial temporary 32 disability during the employee's injury leave with full pay shall be turned over to the CITY. All COLLECTIVE LABOR AGREEMENT — Page 8 of 28 I employees on injury leave shall be subject to an examination by a Doctor acceptable to the 2 CITY. The CITY may require recertification by a physician every thirty (30) days. 3 Whenever a firefighter is unable to perform their full duties as a result of a "line of duty" 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 related injury or illness, the firefighter may be required to report to work in a light duty status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty exists. The CITY has the right to reassess the light duty position every thirty (30) days. The DEPARTMENT reserves the right to re -assign work schedules as necessary when assigning light duty. This right shall include, but not be limited to changing days of work, hours of work, and type of work to be performed. If light duty extends beyond the current month (begins in one month and extends into another), the firefighter will only accumulate leave benefits at same accrual rate of a general city "forty (40) hour per week" employee until light duty ends. When the firefighter returns to regular duty assignment the normal leave benefits will begin to accrue immediately. If the return to duty occurs within the month then the CITY will pro -rate their accrual of leave within that month between a general employee rate and the firefighter rate. Assigned light duty shall be strictly limited to instructions, restrictions, or limitations provided by the Department's contracted physician through Emergency Responders Health Clinic. Assigned light duty shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. Light duty shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management except for the exceptions as provided within this Article. 25 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTAL & HOLIDAY LEAVE 26 27 28 29 30 31 32 33 12.1 Vacation Leave All twenty-four (24) hour shift employees shall accrue paid vacation leave on a monthly basis according the following schedule: A. Zero to four (0-4) years of service 16 hours per month B. Five to nine (5-9) years of service 18 hours per month C. Ten to fourteen (10-14) years of service 20 hours per month D. Fifteen to nineteen (15-19) years of service 22 hours per month E. Twenty (20) and over years of service 24 hours per month COLLECTIVE LABOR AGREEMENT — Page 9 of 28 I Maximum hours accrued shall be 720 hours. Any amount over the maximum will be lost. 2 All forty (40) hour per week employees shall accrue paid vacation leave on a monthly 3 basis according the following schedule: 4 A. Zero to four (0-4) years of service 10 hours per month 5 B. Five to nine (5-9) years of service 12 hours per month 6 C. Ten to fourteen (10-14) years of service 14 hours per month 7 D. Fifteen to nineteen (15-19) years of service 16 hours per month 8 E. Twenty (20) and over years of service 18 hours per month 9 10 Maximum hours accrued shall be 250 hours. Any amount over the maximum will be 11 lost. 12 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week 13 position or vice versa shall have their accumulated leave adjusted by the following conversion 14 factor. 15 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 16 accumulated leave by .736. 17 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 18 accumulated leave by 1.36. 19 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 20 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 21 vacation. 22 Vacation and Incidental Leave usage shall be governed by departmental policy. The 23 number of firefighting personnel that shall be permitted to use vacation or incidental leave per 24 shift shall be determined by the following formula: 25 The number of approved line firefighter position per shift divided by 6.5. (Example: (20 26 ff's on a shift divided by 6.5 = 3.07). 27 The minimum number of firefighters permitted to use vacation or incidental leave shall 28 not be lower than 3 per shift. The increase of an additional firefighter utilizing vacation or 29 incidental leave on a shift shall not change until the quotient of the formula meets or exceeds 30 the next whole number. As of the effective Date of this Agreement and for the purpose of this 31 calculation, the total current approved line Firefighter positions per shift is twenty (20). COLLECTIVE LABOR AGREEMENT — Page 10 of 28 I Additional personnel may be permitted to use vacation or incidental leave if it will not 2 cause additional overtime to the DEPARTMENT and is approved by the Deputy Chief of 3 Operations or in his/her absence, the Duty Chief. 4 NOTE: Firefighters who are promoted to any non -UNION position shall retain their 5 existing accrued vacation and sick leave. The employee shall then be subject to the accrual 6 rates pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals 7 based upon years of service with the City of Meridian. Any employee that has hours in sick 8 leave or vacation leave in excess of the amount allowed by City Policy shall not accrue any 9 additional sick leave or vacation until their hours have gone below the allowed limits. 10 11 12.2 Emergency Leave 12 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 13 (4) hours and until the emergency no longer exists and the firefighter can return and perform 14 their job as required. The firefighter's station captain shall have the authority to grant the 15 immediate leave and will coordinate with the Chief or the designated Station Captain, to acquire 16 a replacement firefighter pursuant to this Agreement and Departmental policy. 17 An "Emergency" for the purposes of this clause shall be a matter that could not have 18 been anticipated or known prior to the beginning of the firefighter's shift and should in the 19 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or 20 their immediate family; a matter of great property loss or damage to the firefighter and should 21 only be granted in the most extraordinary of circumstances. 22 When practical the shift Battalion Chief or in his/her absence the Duty Chief will be 23 notified of the granting of Emergency Leave, and if applicable, the possible length of said leave. 24 25 12.3 Incidental Leave 26 Incidental leave is defined as time off not previously scheduled during the vacation 27 schedule process pursuant to departmental policy. Incidental leave usage shall be governed by 28 departmental policy, but no more than three (3) firefighters shall be allowed to use incidental or 29 vacation leave per shift unless directed by a Company Officer and it will not cause any 30 additional overtime to the DEPARTMENT. 31 Incidental leave shall be granted at the discretion of the Fire Chief or the designated 32 Station Captain. COLLECTIVE LABOR AGREEMENT — Page II of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Incidental leave may be granted at any time, up to and including the day requested, as long as no more than three firefighters have been granted vacation or incidental leave on the requested day. Incidental leave will be granted for a minimum four (4) hours. 12.4 Holiday Leave All firefighters shall accrue and receive eight (8) hours paid leave for each of the holidays listed below and any additional days recognized by the State of Idaho. All holiday time shall be in addition to the employee's accumulated vacation leave, and shall accrue as each holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (10) holidays per calendar year as listed below: NEW YEAR'S DAY LABOR DAY CIVIL RIGHTS DAY COLUMBUS DAY PRESIDENT'S DAY VETERAN'S DAY MEMORIAL DAY THANKSGIVING DAY INDEPENDENCE DAY CHRISTMAS DAY All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, but shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week employees shall receive all the remaining holidays as listed above. If the designated holiday falls on a weekend then the member shall take the City designated day as the holiday. ARTICLE 13 — RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave, and fire related education. Relief personnel may include current department personnel working out of classification in a higher ranked position, pursuant to this Agreement. COLLECTIVE LABOR AGREEMENT — Page 12 of 28 I ARTICLE 14 — VACANCIES 2 Entry level firefighters shall be determined by a generally accepted standard testing 3 method within the fire service profession. Every two (2) years the DEPARTMENT shall hold a 4 qualifying test. The purpose of the test shall be to establish a hiring list of applicants for entry 5 level vacancies that may occur within the subsequent two (2) years. This test shall not limit the 6 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies. 7 Any unfilled entry level position caused by termination, retirement, promotion or 8 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be 9 filled from a hiring list of eligible applicants on file for that position. If there is no existing list 10 then entry level positions will be filled after the next available testing. Vacancies must be filled 1 I after the next available testing. Vacancies must be filled no later than one (1) year from the 12 opening. 13 Promotions and vacancies for the position of Engineer, Captain and any other positions 14 added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled from 15 the current ranks of full-time personnel of the Meridian Fire Department. After the test is given 16 and if appropriate training has been provided for the position tested and there are no successful 17 candidates a second test will be given and if there are still no successful candidates for these 18 positions, management has the right to hire outside of the Meridian Fire Department to fill the 19 open position(s). The Department may have up to thirty (30) days to begin a process for an 20 unscheduled vacancy. All promotional examinations shall be given within 90 days and filled 21 pursuant to Article 15 of this Agreement and within a short reasonable time frame as long as 22 there are available candidates to promote. 23 If during the pendency of a promotional list an employee is demoted in rank as a part of 24 a disciplinary action the employee's name shall be removed from that list for the remainder of 25 the cycle. Employees shall not be eligible for promotion if have been disciplined which resulted 26 in a suspension without pay within ninety (90) days of the date to be promoted. 27 Currently a position of Training Captain is authorized, but unfilled. The position shall 28 remain vacant by mutual agreement during the duration of this agreement. If the need arises 29 based upon changed circumstances this position may be reinstated by mutual agreement and 30 when that occurs the time periods for filling of the position shall follow all other vacancies 31 within this Agreement. COLLECTIVE LABOR AGREEMENT — Page 13 of 28 I It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 2 occupational requirements within the meaning of this Article. 3 4 ARTICLE 15 — PROMOTIONS 5 Eligibility tests for promotion and newly created positions shall be based on 6 examinations given. To be considered for promotion the employee must have served one 7 continuous year in the previous position, except for Battalion Chief which the employee shall 8 have served three (3) continuous years in the previous position. All promotional lists will 9 become effective June 1St of the year that they are given and will expire on May 31St of the year 10 that the subsequent test is given. 11 Examinations will be given once every two (2) years for Engineers; and will be given in 12 the first week of May of each year. For the positions of Captain of Suppression, the 13 examination will be given every two (2) years in the first week of May. For all other 14 promotional positions identified in this Agreement, testing will be done on an as needed basis. 15 The testing for Engineers will be in odd numbered years and for Captain in even numbered 16 years, or as needed. A notice of impending promotional exam with a designated bibliography 17 and defined scoring criteria for the positions being tested shall be provided to all personnel for a 18 minimum of ninety (90) days prior to the test date. The bibliography and defined scoring 19 criteria may be available more than ninety (90) days prior to the testing, but the notice of testing 20 must allow for a minimum of ninety (90) days between the notice and the test. Notice shall be 21 provided by a department wide email to all members of the department and by the posting of 22 notices in each Fire Station and the Administrative office of the Fire Department. 23 In the event of an opening/vacancy for a position in which there are no qualified 24 candidates on the current promotion/eligibility list of that position, a special test may be given, 25 by mutual consent of both parties, to fill the vacancy/opening. 26 All examinations shall be impartial and shall relate to those matters which will test fairly 27 the candidate's ability to discharge the duties of the position to be filled. 28 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 29 occupational requirements within the meaning of this Article. The DEPARTMENT shall be the 30 sole judge of skills, qualifications and ability. Seniority for promotions will be one (1) point per 31 year of service up to the maximum of ten (10) points. Seniority points will be added after 32 successfully passing the written examination. Promotional examinations shall consist of a COLLECTIVE LABOR AGREEMENT — Page 14 of 28 I written test, assessment center, and two oral boards. The components of the assessment center 2 shall be identified at the time of the announcement of the test. The following formulas will be 3 used to determine the candidate's final score on promotional examinations for Engineer and 4 Captain respectively: 5 6 Engineer's Exam Scoring Criteria: 7 Written test: 40% of overall score; 70% minimum passing score 8 Assessment Center: 30% of overall score; 70% minimum overall passing score for each 9 component 10 Operational Oral Board: 15% of overall score; 70% minimum passing score 11 Chief's Oral Board: 15% of overall score; 70% minimum passing score 12 13 Captain's Exam Scoring Criteria: 14 Written test: 40% of overall score; 70% minimum passing score 15 Assessment Center: 30% of overall score; 70% minimum passing score 16 Operational Oral Board: 15% of overall score; 70% minimum passing score 17 Chief's Oral Board: 15% of overall score; 70% minimum passing score 18 19 Battalion Chiefs Exam Scoring Criteria: 20 Written test: 20% of overall score; 70% minimum passing score 21 Assessment Center: 50% of overall score; 70% minimum passing score 22 Operational Oral Board: 15% of overall score; 70% minimum passing score 23 Chief's Oral Board: 15% of overall score; 70% minimum passing score 24 25 Each testing cycle shall have a DEPARTMENT provided Development Program for 26 promotion prior to the testing period. 27 28 ARTICLE 16 — GRIEVANCE PROCEDURE 29 Disputes or differences arising between the DEPARTMENT and the UNION and/or 30 individual members of the Fire Department as to the meaning or application of any provision of 31 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article 32 8), relating in any way to employees' wages, hours and /or conditions of employment, shall be COLLECTIVE LABOR AGREEMENT — Page 15 of 28 I settled in the manner provided herein. For the purpose of this provision, such a dispute or 2 difference shall be referred to as a "Grievance." All timelines that are described in this Article 3 may be adjusted by the mutual consent of the DEPARTMENT and the UNION. Any variation 4 of the timeline shall be memorialized in writing and signed by the Chief and the UNION 5 President or designee. 6 Step One: Any employee who has a grievance shall notify the Union Grievance 7 Committee in writing within fourteen (14) calendar days from the date of the grievance, or 8 fourteen (14) calendar days from the time the employee, through reasonable diligence, should 9 have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, 10 shall within the next then thirty (30) calendar days after the conclusion of any fact gathering, 11 hearing, or necessary research to determine if the grievance has merit. If in its opinion, the 12 grievance does not have merit, no further action shall be necessary. At no point shall the process 13 exceed thirty (30) days without the consent of both the DEPARTMENT and the UNION. 14 Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION 15 shall present the grievance in writing to the Fire Chief within fourteen (14) calendar days after 16 their decision. All parties to such discussion will make a good faith effort to resolve the 17 grievance. The Fire Chief thereafter shall give his/her reply in writing within thirty (30) 18 calendar days from the conclusion of any fact gathering, hearing, or necessary research. At no 19 point shall the process exceed thirty (30) days without the consent of both the DEPARTMENT 20 and the UNION. 21 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 22 present the grievance in writing to the CITY within fourteen (14) calendar days from the receipt 23 of the Fire Chief's written reply. All parties to such discussion will make a good faith effort to 24 resolve the grievance. The CITY, through the Mayor and City Council thereafter shall give its 25 reply in writing within thirty (3 0) calendar days from the conclusion of any fact gathering, 26 hearing, or necessary research. At no point shall the process exceed thirty (30) days without the 27 consent of both the CITY and the UNION. 28 Step Four: If the grievance has not been resolved at the appropriate lower Step(s), 29 either the UNION and DEPARTMENT may within fourteen (14) calendar days refer the 30 grievance to an Arbitrator by serving written notice upon the other. 31 COLLECTIVE LABOR AGREEMENT — Page 16 of 28 1 The UNION and the DEPARTMENT shall both select an individual to represent their 2 interests in the grievance process. The individuals may not be members of, or employees of 3 either the UNION or the DEPARTMENT. These two individuals shall request Director of the 4 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7) 5 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the 6 UNION or the DEPARTMENT. Within five (5) calendar days after receipt of this list the 7 UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by 8 alternately striking one (1) name at a time from the list until only one (1) name remains. The 9 parry striking the first name shall be determined by a coin toss. Both parties shall accept the 10 name remaining on the list as the Lead Arbitrator. 11 The Arbitration Board shall conduct a hearing and shall render a decision in writing, 12 which shall be final and binding on both parties, subject only to the parties' right to seek 13 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, 14 Title 7 Idaho Code. 15 The Arbitration Board shall have only such jurisdiction and authority to interpret and 16 apply the provisions of the Agreement as shall be necessary to the determination of the 17 arbitration issue. The Arbitration Board shall not have any power to add or subtract from, 18 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be 19 borne equally by the CITY and UNION. 20 21 ARTICLE 17 - NO STRIKES — NO LOCKOUT 22 Upon the consummation and during the term of this Agreement, no member of the Fire 23 Department covered by this Agreement shall strike or recognize a picket line of any labor 24 organization while in the performance of his/her official duties, in accordance with Idaho Code 25 Section 44-1811. 26 It is mutually agreed that there shall be no strike authorized by the UNION and no 27 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by 28 the grievance procedure set forth herein. No picket line, at or around the City's property, 29 established by any other person or organization shall be sanctioned or honored during the term 30 of this Agreement. 31 COLLECTIVE LABOR AGREEMENT — Page 17 of 28 I The UNION agrees that as part of the consideration for this Agreement, it will, within 2 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow -downs 3 or suspensions of work, instructing their members to work immediately. The UNION agrees 4 that it will not assist employees participating in unauthorized work stoppages, strikes, slow - 5 downs or suspensions of work. For purposes of this section, the term "strike" shall include a 6 cessation or stoppage of work, slow -down, sit-in and picketing of the City's premises. 7 8 ARTICLE 18 - UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 9 The CITY and the UNION believe that professionalism and pride in the City and the 10 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION 11 believe that the attire of the firefighter and their conformance with professional appearance 12 helps achieve the goals of a superior organization. All uniform and work attire shall be clean 13 and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or his 14 designee to determine if an article of clothing is no longer serviceable for wear on duty. 15 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 16 minimum requirements for station uniform wear. The brand, style, materials and color of 17 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 18 comprised of two (2) UNION members and one (1) member of management designated by the 19 Fire Chief. The Committee may recommend changes, but the final decision shall be at the 20 discretion of the Fire Chief. 21 Under this article the CITY and the UNION have agreed to the specific clothing that is 22 to be purchased for Recruits and Firefighters. 23 All of the Uniform and Personal Appearance standards shall be governed by 24 APPENDIX "D". 25 26 18.1 Issued Equipment 27 The CITY agrees to provide the necessary equipment for the Twenty -Four (24) hour per 28 shift Suppression Firefighters to perform their duties. The CITY and the UNION will meet and 29 discuss what tools may be needed for each Suppression Firefighter. For the term of this 30 Agreement the equipment is listed in APPENDIX C. Once issued the member shall be 31 responsible to maintain and keep the issued equipment. All items may be required to be 32 produced as part of an inspection. If equipment is lost or damaged, beyond use, in the course of COLLECTIVE LABOR AGREEMENT — Page 18 of 28 I duty it may be returned, if practical, to the department for replacement. If unable to be returned 2 it can still be replaced. If lost or damaged outside of duty use then the firefighter will be 3 required to replace the item at the member's expense. 4 5 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 6 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire 7 Department 8 The designated work period for all twenty-four (24) hour shift employees covered under 9 this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours. Under the 10 Fair Labor Standards Act (FLSA) 182 actual hours worked will be paid at the regular hourly 11 rate and ten (10) hours paid at the overtime rate if no excluded hours under the Act have been 12 taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled 13 shift, other than a "shift trade." 14 The regular work schedule for twenty-four (24) hour shift employees shall be two 15 consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively. 16 No suppression firefighter may work more than seventy-two (72) hours consecutively without 17 specific authorization or direction by the Deputy Chief of Operations, or the Fire Chief in 18 his/her absence. A shift shall be twenty-four (24) hours of duty, starting at 0700 and ending at 19 0700. For illustrative purposes, the regular work schedule for suppression personnel is listed 20 below with an X representing an on -duty shift and an O representing and off-duty shift. 21 22 XXOOOOXXOOOO 23 24 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department 25 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 5:00 26 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) hours per week 27 shall be paid at a rate of time and one-half of the employee's hourly wage to the next 1/2 hour for 28 the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this 29 schedule to meet the DEPARTMENT's needs. As a courtesy, the affected employee will be 30 given one (1) week's notice of the schedule change, unless the change is unforeseen. In an 31 unforeseen circumstance the Chief has the right to change the schedule to meet the need, but 32 once the circumstance is over, the schedule will be returned to normal. These positions shall COLLECTIVE LABOR AGREEMENT — Page 19 of 28 I have a regular defined on-call schedule and will be compensated pursuant to the CITY on-call 2 policy. 3 4 ARTICLE 20 — BEREAVEMENT LEAVE 5 In the event of a death in the twenty-four (24) hour shift employee's immediate family, 6 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave. 7 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 8 absence at the discretion of the Chief or designee. 9 In the event of a death in the forty (40) hour per week employee's immediate family, 10 they shall be entitled to three (3) consecutive workdays off for bereavement leave Additional 11 leave may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 12 discretion of the Chief or designee. 13 For purposes of this article, immediate family shall be defined as current spouse, 14 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws 15 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law of 16 the employee. Adopted or "step" relationships will be considered same as any other family 17 relationship. 18 19 ARTICLE 21— ADDITIONAL DUTY AND COMPENSATION 20 Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she 21 would normally have while on his/her regular tour of duty. All additional compensation 22 accumulated by a firefighter shall be due and payable in their next pay period. 23 24 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 25 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 26 overtime shall be when a firefighter is requested to return to work for any meetings, training, 27 shifts or any other reason deemed necessary by the department that is scheduled or planned. 28 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 29 rate of pay for all overtime or scheduled overtime worked. 30 31 32 COLLECTIVE LABOR AGREEMENT — Page 20 of 28 1 21.2 Definition of Emergency Callback and Compensation 2 Emergency Callback shall be when a firefighter is requested to return to work by the 3 DEPARTMENT at a time that the firefighter was not scheduled to work to address an 4 emergency as determined by the Fire Chief. The examples of this type of Emergency Callback 5 shall be for large scale structure fires, large scale range fires, unusual natural disasters causing 6 the complete extension of the City's resources, etc. Members accepting an Emergency Callback 7 must be able to meet the response time guideline as per DEPARTMENT policy. 8 The firefighter shall receive a minimum of four (4) hours of pay, from the time they 9 receive the call, for Emergency Callback. Additional calls during that initial four (4) hours will 10 not be further compensated. Any time worked after the first four (4) hours will be compensated 11 in one-half (1/2) hour increments, rounded up. Any firefighter reporting for duty while off-duty 12 shall have all of the benefits that he/she would normally have while on his/her regular tour of 13 duty. All additional compensation accumulated by a firefighter shall be due and payable in their 14 next pay period, unless the compensation is to be paid by a separate public or private entity. If 15 the latter situation exists then the firefighter will be paid at the next pay period after the funds 16 are transferred to the City. The firefighter will be paid by the last pay period within 180 days of 17 the last date of service for the public or private entity whether the City has been reimbursed at 18 that time or not. 19 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 20 rate of pay for all time worked in response to Emergency Callback. 21 22 21.3 Definition of Holdover and Compensation 23 Holdover shall be when a firefighter regularly scheduled duty is extended from the end 24 of the shift by the DEPARTMENT. 25 Any time worked as holdover will be compensated in one-half (1/2) hour increments, 26 rounded up to the next half-hour. 27 28 21.4 Definition of Overtime for Training 29 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT 30 retains the right to determine which personnel may attend training. 31 COLLECTIVE LABOR AGREEMENT — Page 21 of 28 I ARTICLE 22— WORKING OUT OF CLASSIFICATION 2 All employees of the DEPARTMENT covered by this Agreement, who have tested and 3 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on 4 the current eligibility list for promotion to the higher ranked position, when necessary, must 5 accept, and assume the duties of the higher ranked position when it is available. No more than 6 one person working in a higher ranked position will be allowed on a company at a time, unless 7 an extreme or emergency situation exists. 8 After the completion of the promotional exams the employee may opt to remain on the 9 eligibility list or may choose to be removed at that time. At any time during the life of the 10 eligibility list the employee may opt, at their sole discretion, to have their name removed. In 11 either circumstance removal from the list will be final and the employee may re -test during the 12 next testing period for promotion to that grade. 13 The right to use personnel will be current full-time department personnel working out of 14 classification in a higher or lower ranked position, as set forth above. If an employee were to 15 work in a lower ranked position they would be paid at their current rate, not the lower wage. 16 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher 17 position or rank, for the time worked at that position or rank. Any time worked out of 18 classification will be compensated in one-half (1/2) hour increments, rounded up to the next 19 half-hour. 20 Paramedic Engineers are allowed to swing up to Captain and receive the higher wage of 21 Captain for the temporary assignment in addition to their regular paramedic pay. 22 23 ARTICLE 23— STAFFING 24 The DEPARTMENT maintains the right to assignment and staffing of stations, engines, 25 and companies. Change in assignment may be based on the following criteria; vacancy, 26 seniority, stations available, and re -assignment, but is not limited to only these specified. The 27 method of declaring a vacancy, applicability of seniority, station bidding, and re -assignment 28 shall be determined by Department policy. The Station Bid policy shall be negotiated between 29 the UNION and the DEPARTMENT as mutually determined to be needed. The 30 DEPARTMENT retains the final authority for all staffing and shift assignments. 31 Minimum Staffing at each station will be either three (3) or four (4) personnel dependent 32 on the assigned apparatus to the station. Personnel assigned to a station may be used to cross - COLLECTIVE LABOR AGREEMENT — Page 22 of 28 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the following: Engine Companies 1 Captain 1 Engineer 1 Firefighter Water Tender Companies 1 Captain 1 Engineer Command Vehicle 1 Battalion Chief Brush Truck Companies 1 Captain 1 Engineer 1 Firefighter Truck Companies 1 Captain 1 Engineer 2 Firefighters Any additional firefighters on staff above the minimum as listed above will be used to increase the staffing of the engines/truck or staff extra apparatus as described above unless the individual has applied and been accepted as part of a mentoring program pursuant to department policy. Whenever circumstances exist that causes an apparatus to fall below that minimum, management reserves the right to re -assign personnel (including select qualified command officers at the Fire Chief s discretion), exercise "Callback", exercise "Holdover", exercise "Working out of Classification", or in extreme emergency circumstances, take an apparatus out of service temporarily until appropriate personnel are available. Stations or Apparatus will only be taken out of service long enough to return the necessary personnel to staff them. As of the effective date of this contract, the Meridian Fire Department operates five (5) stations staffed by an Engine and/or Truck Company as described as above. As future stations are opened, they will be staffed by at least an Engine and/or Truck Company, using this same staffing configuration described above unless mutually agreed to a change by the UNION and the CITY. Advanced Life Support (ALS) Engine or Truck Companies An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum of one (1) licensed paramedic in the State of Idaho. The Department's Medical Supervision plan shall establish the appropriate number of EMS positions within the Department. The licensed paramedic shall be the person primarily responsible on that Engine or Truck company apparatus to provide ALS response. The Captain may be a paramedic, but is not charged with COLLECTIVE LABOR AGREEMENT — Page 23 of 28 I the primary responsibility of ALS support and therefore an additional licensed paramedic must 2 be on the apparatus for it to be considered as an ALS response. 3 4 ARTICLE 24 — SALARIES 5 Wages for all UNION members shall be as fixed and set forth in APPENDIX "A", 6 attached hereto. 7 8 ARTICLE 25 — ALCOHOL & DRUG POLICY 9 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 10 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 11 included in this agreement as APPENDIX "B". It is agreed that changes made to this policy, 12 shall not apply to the UNION without written consent of its members. 13 14 ARTICLE 26 — HEALTH AND WELLNESS 15 26.1 Health 16 The overall health and wellness of a firefighting force is essential to safely and 17 effective respond to and mitigate the various emergencies the Department is responsible 18 for. In that spirit, the CITY shall provide mandatory physicals to every Department employee 19 that has an obligation to respond to an incident. The City shall maintain a budget sufficient to 20 allow each employee required to respond to an incident a physical every two (2) years. 21 Employees will be placed on a rotational schedule to be determined and maintained by the 22 DEPARTMENT. 23 The physicals shall be done through the Department's contracted physician that both 24 CITY and the UNION agree upon, or his/her designee. The only medical information that the 25 CITY shall receive from the physician is a proof of attendance. All other documentation and 26 personal medical information shall be directed to the member receiving the physical and no 27 medical information shall be shared with the CITY by the physician without the individual 28 member's consent. 29 30 26.2 Fitness/Exercise 31 The DEPARTMENT and the UNION shall develop a fitness and exercise program for 32 all firefighting personnel. The program shall be based on identified best practice and shall COLLECTIVE LABOR AGREEMENT — Page 24 of 28 I include the following components: education, department standards/success factors, and 2 Department sponsored remediation if necessary. The program may be managed by a peer 3 directed program or managed through a separate vendor or both, jointly agreed upon by the 4 DEPARTMENT and the UNION, depending on the availability of funding. Participation in the 5 program shall be mandatory for all personnel that respond to emergency scenes. 6 7 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK 8 Subject to the following provisions and as set forth below, any fulltime suppression, 9 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD") 10 may request to return to a former fulltime suppression classification of a lower rank than their 11 current classification he/she previously held within MFD or their former department. 12 Additionally, if necessitated as a disciplinary measure, the Chief may demote a member of the 13 UNION to a former position using the same process as outlined in this Article. For the purposes 14 of this Article no current member may be involuntarily demoted for the purpose of providing an 15 opening for a person requesting a return to a former position held or being demoted. 16 17 27.1 Eligibility 18 A. An Employee may request to be returned to a prior fulltime suppression of a lower 19 rank than their current rank within the MFD from which he/she was promoted; 20 B. An Employee who has not previously held a fulltime suppression classification at 21 MFD may request to be moved to a lower than their current rank fulltime 22 suppression classification they held at their former department IF all of the 23 following criteria are met: 24 i. 5 years or longer with the MFD in a rank higher than the suppression 25 classification being requested. 26 ii. All MFD minimum qualifications have been met for the suppression 27 classification being requested. 28 iii. The employee making the request has completed all necessary testing and has 29 achieved a passing score for the suppression classification being requested. 30 When a Chief Officer, having special knowledge of MFD's testing process (including, 31 but not limited to, testing procedures, written and oral board questions, scenario based assessments, 32 manipulative skills etc.), the Department must hire an external panel to conduct the test. COLLECTIVE LABOR AGREEMENT — Page 25 of 28 1 27.2 Process 2 A. A vacancy must exist or be anticipated by promotion, retirement, or separation. 3 B. Any member requesting a return to a lower rank than their current classification 4 must do so in writing to the Chief or his designee. The written request must: 5 i. List the lower rank requested. 6 ii. List the date served in the former rank. 7 iii. List the preferred date to return to the lower rank. 8 C. The Chief, after consultation with Local 4627 President, shall approve or deny the 9 request to return to a former classification in writing. 10 D. The Chief or his designee may delay the return to a lower rank until there is a 11 vacancy in the requested classification. 12 E. The Chief or his designee may not lay off or demote personnel to create a vacancy 13 for a return to a former classification. But a promotion based upon an existing 14 promotional list will satisfy the creation of a vacancy. 15 F. If two (2) or more requests are made at the same time, preference will be given to 16 any Employee(s) who previously held the requested suppression classification and 17 has greater seniority in the Department. 18 G. If the vacancy is caused by a demotion due to discipline the same process shall 19 apply. 20 21 27.3 Seniority 22 When an Employee returns to a former classification, the seniority accrued in the 23 position(s) held prior to the return to former classification shall be combined with the time in 24 grade that was accrued in the former classification. (Date of Hire + Time in Grade) 25 For any employee not previously hired within a suppression classification position but 26 reassigned to a suppression classification position, he/she shall be moved to the bottom of the 27 rank seniority list for the classification being assigned to but will retain years of service since 28 date of hire as a MFD employee as it pertains to department seniority. 29 30 Examples: 31 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted 32 to Division Chief of Logistics for 36 months time in grade and then returns to Captain of COLLECTIVE LABOR AGREEMENT — Page 26 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A 26 27 28 29 30 31 (cam 33 Suppression. For purposes of Captain of Suppression seniority, the member now has 60 months of accrued seniority; 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain of suppression for 12 months time in grade and then returns to Engineer. For purposes of Engineer seniority, the member now has 72 months of accrued seniority. ARTICLE 28 — SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 29 — EFFECTIVE DATE The Collective Labor Agreement shall become effective October 25, 2016 and remain in full force and effect through September 30, 2018. Additionally, this agreement may be re -opened at any time for negotiations on any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. This may include items contemplated within this agreement that may require amendment or change during the course of this Agreement. DATED AND SIGNED this -E day of 00�D 6 e -Ir- , 2016. CITY OF MERIDIAN Tammy cJr� Weerd COLLECTIVE LABOR AGREEMENT — Page 27 of 28 IAFF LOCAL #46 7, MERIDI C TER By: C (Erik SrKith President 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 APPROVED BY CITY COUNCIL this )5 day of 6GtD 6e4" , 2016. ATTEST: By: , C.Ja oles City Clerk COLLECTIVE LABOR AGREEMENT — Page 28 of 28 APPENDIX A Introductory/Probationary Firefighter positions are eligible for promotion to Firefighter I after six months of service with the Meridian Fire Department. Firefighter I and II designated below are State of Idaho Certification levels and in addition to achieving that certification the individual must serve for one (1) continuous year each before being eligible for promotion pursuant to Article 15 of this Agreement. The Department and the Union shall establish the hours and course subjects for promotion to Firefighter III. The Department shall do everything within its ability to provide all classes within a reasonable cycle. The Department will diligently evaluate and approve as often as reasonable and as soon as possible local or online courses that can qualify for any of the above subject areas. Promotions shall take effect on the next pay period following the completion of the time of service. (Intro/Prob-6 months; FFI — 1 year; FFII-2 years; FFIII-3 years) Wage Scale — The wages for the regular rate of pay for all positions except the Captain Fire Inspector & Captain Training are based upon 2920 hours worked per year. The Captain Fire Inspector & Captain Training wage is based upon 2080 hours worked per year. The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/25/2016 (3%) 10/1/2017 (1%) Recruit Hourly $ 17.10 $ 17.27 Annual* $ 49,940.55 $ 50,439.95 Probationary Hourly $ 17.79 $ 17.97 Annual* $ 51,941.25 $ 52,460.66 Firefighter I Hourly $ 18.48 $ 18.66 Annual* $ 53,945.81 $ 54,485.27 Firefighter II Hourly $ 21.69 $. 21.91 Annual* $ 63,333.12 $ 63,966.46 Firefighter III Hourly $ 23.92 $ 24.16 Annual* $ 69,841.67 $ 70,540.09 Engineer Hourly $ 25.80 $ 26.06 Annual* $ 75,348.90 $ 76,102.39 APPENDIX A Captain of Supression Hourly $ 28.73 $ 29.01 Annual* $ 83,891.36 $ 84,730.27 Captain Fire Inspector/ Captain Training Hourly $ 40.32 $ 40.73 Annual* $ 83,875.50 $ 84,714.25 Battalion Chief Hourly $ 30.75 $ 31.05 Annual* $ 89,776.86 $ 90,674.63 *Annual wage listed is based upon hours projected. Wages are paid on actual hours worked Education or Certification Incentive Pay: All employees that have furthered their education or expertise, at their own expense, and have acquired the following degrees regardless of their major may apply for and receive an additional amount added to the firefighter's base rate. The additional hourly amount shall be: Education Associate's Degree: Bachelor's Degree: Master's Degree: $.11 cents per hour $.22 cents per hour $.33 cents per hour The educational degree shall be from an accredited institution of higher learning. The additional hourly amount shall be added the firefighter's base rate of pay. A firefighter shall only be entitled to one (1) education incentive pay. Pay shall be for the highest degree obtained. Certification EMT Advanced: $.22 cents per hour Paramedic License: (Captain Only) $.33 cents per hour Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and are operating in a paramedic role for the City of Meridian shall receive the following amount in addition to the salaries listed above: $1.65 per hour This amount shall only be available from Introductory/Probationary level up to and including Engineer. Captains and above shall not receive Paramedic pay unless they Work Out of Class in a lower rank position and serve as the primary paramedic for the shift (or any part thereof), but may receive Education Incentive pay. The additional hourly amount shall be added to the firefighter's base rate of pay. The pay for a Captain Working Out of Class as a Primary Paramedic in a lower ranking position shall be $1.32 per hour more for the shift. If there is already an assigned Paramedic for the shift on the Engine or Truck then the Captain Working Out of Class shall not receive the additional pay differential. APPENDIX A All employees that were hired as paramedics may be required to maintain their license as a continuing job requirement until they reach the Captain position. A paramedic may request to drop their paramedic certification to Basic EMT prior to achieving the rank of Captain. Based upon the minimum required personnel at the paramedic level, as established by the Medical Supervision Plan, any paramedic in excess of the number established is eligible to request to drop their paramedic's certification. Anyone that is granted the ability to drop their certification may be reassigned subject to the needs of the Department. The Chief may consider seniority in granting the request. The Chief shall have the sole discretion to grant this request. APPENDIX A APPENDIX B SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial responsibility for illegal drugs • Perform emergency medical, lifesaving, and/or fire suppression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the City • Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury • Work in the water and wastewater systems and their operations • Be required to maintain a Commercial Driver's License (CDL) • Operate heavy machinery Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or APPENDIX B possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On -Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. APPENDIX B 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off -Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. APPENDIX B B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. APPENDIX B B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION APPENDIX B A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct -evidencing impairment observed over a period of time. APPENDIX B 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post -accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; APPENDIX B c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will, notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. APPENDIX B VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES a C APPENDIX B Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation 1. The cut-off levels for all Non -Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, and will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the APPENDIX B medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. APPENDIX 8 BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drugtesting: esting: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance ProgramEAP): A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so- called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical APPENDIX B training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief. means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX B APPENDIX C Issued Firefighting Equipment Flashlight Streamlight Survivor LED AC Fast Charge Wire/Cable cutters Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter TFT: Res-Q-Rench Folding Spanner Multi Tool Available Firefighting Equipment Ear Plugs Eye Protection Goggles/Goggle covers Safety Glasses clear or tinted Hand Protection Work Gloves APPENDIX C APPENDIX D (AP205 Uniform and Personal Appearance Policy) APPENDIX D Original Date: 5/1/2011 Last Modification Date: 12/4/2013 AP205 Chief Mark Niemeyer Local 4627 President, Grant Hamilton Policy Title: Uniform/Personal Appearance Purpose/Scope: The members of the Meridian Fire Department take pride in presenting a professional appearance to the public we serve. We recognize that the Department provides us with serviceable uniforms that are in compliance with recognized standards and best practice. This policy is meant to ensure that we, the members of the Meridian Fire Department, maintain a uniform and professional appearance at all times. Responsibility: 1. It is the responsibility of ALL members to report for duty in a clean and professional manner as outlined in this policy. 2. Company Officers are responsible to ensure that all crew members' uniforms are clean, serviceable, ensure uniformity, and abide by this policy. 3. Company Officers will be responsible for determining the uniform of the day. 4. It is the Department's responsibility to ensure members are provided uniforms that are serviceable, meet the intentions of recognized standards and/or best practice, and abide by any provisions found within the current Collective Labor Agreement with Local 4627. Procedure - Once an employee has all required clothing as defined in Table 1 below, clothing will be replaced on an as needed basis using the "Clothing Voucher" Form AP205 and following the replacement guidelines listed in the supporting documents section of this policy. Forms will be filled out by the member making the request, and verified by his/her Division Chief. The form will then be forwarded to the Administration for processing. Clothing item (used) being replaced will be turned into the department for proper disposal. 2. For purposes of Compensated Training or Department Meetings, members shall wear Class B uniforms. If training includes a physical component, members may change into a Class D uniform. 3. When attending out of state conferences/seminars, members shall dress in a manner that represents a professional appearance and is in accordance with the National Fire Academy Dress Code. The following items are considered acceptable: Collared shirts, slacks (males/females), dresses/skirts (females), closed toe shoes (males/females). The following items are considered not acceptable: shorts, tank tops, flip-flops, miniskirts, jeans, t -shirts. 4. When assigned to special duties, the Deputy Chief of Operations reserves the right to set the uniform requirement for that assignment. 5. Only department issued clothing may be worn while on -duty. Department issued clothing shall not be worn off-duty, unless specifically approved. 6. All on -duty employees shall be in a Meridian Fire Department approved uniform by the start of their shift. AP -205 Uniform -Personal Appearance Page 1 of 9 7. Turn -out clothing is not to be worn in the stations or in public places (i.e., grocery store, City Hall, general stores, etc.) 8. During the hours of 09:00 to 17:00, a Class B uniform shirt shall be worn over a Class D shirt when: • A scheduled inspection or scheduled public education event is performed. • Any occasion in which the employee or company will be interacting with the public and/or elected officials in a non -response manner (City Hall, grocery store, etc). • Any meeting in which the employee or company will be representing the Fire Department. • A Class D shirt may be worn at any time outside of the items above, including emergency and non -emergency responses. Groomina Standard 1. Hygiene and Personal Appearance is each member's responsibility. Failure to maintain this responsibility is a violation of this policy. E 2. All members will be clean-shaven; there will be no beards of any type allowed. Fire personnel who, L because of illness or injury are unable to shave facial hair, may not be assigned to a line position in i Operations. W Mustaches are permitted for wear provided they do not interfere with forming a seal around the �C S.C.B.A. facemask; this will be determined during the annual fit testing. The Fire Chief or his/her Q. designee shall have the authority to have a member fit tested if the growth of a mustache provides Q. reasonable concern for the safety of the individual. 4C Sideburns will be trimmed and well groomed. They will be straight and of even width ending in a clean-shaven horizontal line. Sideburns will not extend below the lobe of the ear. 3. Firefighters will ensure their hair is neatly groomed, that the length and bulk of the hair are not C excessive, and that the hair does not present a ragged, unkempt, or extreme appearance. Likewise, y trendy styles that result in shaved portions of the scalp (other than the neckline) or designs cut into L the hair are prohibited. Firefighters may wear braids as long as the braided style is conservative, the braids lie snug to the head, and any holding devices comply with the standards. a Hair shall be contoured to the general shape of the head and not extend past the bottom edge of the shirt collar, measured while standing at attention. Hair that is longer will be pinned up or E secured at all times while on duty, utilizing hairpins, barrettes or elastics of a neutral color. L The hair shall not interfere with the proper wearing of uniform hats or protective equipment, or in any way create a safety hazard. Hair must never be of such a bulk or length that it will jeopardize W the personal safety of a firefighter in the performance of their duty at an emergency scene. �C Extensions, weaves, wigs, and hairpieces are authorized only if these additions have the same general appearance as the individual's natural hair. Additionally, any wigs, extensions, hairpieces, or weaves must comply with grooming policies, and must consist completely of natural fiber, with no man-made or synthetic fibers allowed. If firefighters use dyes, tints, or bleaches, they must choose those that result in natural hair colors. Colors that detract from a professional appearance are prohibited. Firefighters should avoid using colors that result in an extreme appearance. Applied hair colors that are prohibited include, but are not limited to purple, blue, pink, green, orange, bright red, and fluorescent or neon colors. It is the responsibility of leaders to use good judgment in determining if applied colors are acceptable, based upon the overall effect on the firefighter's appearance. AP -205 Uniform -Personal Appearance Page 2 of 9 When in Class "A" uniform, the hair will not extend below the bottom edge of the front of the headgear, when worn, or below the bottom edge of the collar. Tattoos/Piercings/Jewelry 1. The display of ANY unprofessional or offensive jewelry (nudity or violence, sexually explicit or vulgar art, words, phrases; profane language, symbols to incite negative reactions, initials or acronyms that represent criminal or oppressive organizations) is prohibited. The wearing of jewelry will be limited to wedding bands, watches, necklaces, and conservative "stud" earrings. 2. Under no circumstances will necklaces be permitted to extend out of the clothing. 3. While on duty members may wear up to two stud earring per ear not to exceed 2 mm. Piercing of visible body parts other than those written in this policy is prohibited. 4. It is highly recommended that wedding bands not be worn due to significant probability of bodily injury. However, the decision to wear a wedding band shall be left up to the individual member. v 5. While on duty, tattoos will only be displayed on the arms and legs while in uniform. No other visible tattoos are authorized. The display of ANY unprofessional or offensive tattoo or brand (nudity or violence, sexually explicit or vulgar art, words, phrases; profane language, symbols to incite L negative reactions, initials or acronyms that represent criminal or oppressive organizations) regardless of its location, while members are in uniform, is prohibited. Final determination regarding the appropriateness of tattoos will be determined by the Fire Chief in conjunction with the President of Local 4627. If visible tattoos are determined to be inappropriate, the employee will responsible CL for covering such tattoos in a reasonable manner. Q Class A uniform Formal presentations such as promotional ceremonies, funerals, retirement ceremonies, etc. For proper Class A wearing of attire and actions performed, see "Class A Code of Conduct" near the C end of this policy. y • Lighthouse Class A Uniform (Rank specific as described at fireuniform.com under "Department L Specs" for Meridian Fire Department) am • For proper placement of Meritorious Service Awards, refer to Policy AP525. Class B uniform E L • Shirts: Workrite — Navy Blue Nomex 0 - Short Sleeve or Long Sleeve ,E ■ Meridian Fire Department patch on left sleeve 1 inch from shoulder seam AND a reverse American Flag patch on the right sleeve 1 inch from shoulder seam ■ Class D T-shirt may be worn as an undershirt, however shall not replace the wearing of a Class B shirt. • Pants: Workrite- Navy Blue Nomex - Models: ■ #400 Regular Cut ■ #402 Full Cut ■ #401 Women's Cut AP -205 Uniform -Personal Appearance Page 3 of 9 Class D uniform Shirt- Navy Blue -T-Shirt (100% cotton) short or long sleeve without pocket. ■ The Rank on the Class D uniform will be identified by the following: 1. Captain 2. Engineer 3. Engineer/Paramedic 4. Firefighter 5. Firefighter/Paramedic 6. Division Chief 7. Deputy Chief 8. Fire Chief Pants- Workrite- Navy Blue Nomex - Models: #400 Regular Cut #402 Full Cut #401 Women's Cut Standard department logo for Class D and workout apparel shall consist of the IAFF logo on the left chest; the employee's rank on the right chest; the back shall consist of "Meridian Fire Department" in the approved font. Workout Apparel • Shirt- Navy Blue -T-Shirt (100% cotton) short or long sleeve without pocket. • Short- Navy Blue (100% cotton) • Sweat pants- Navy Blue (100% cotton) Miscellaneous Clothing Items • Job Shirt- Navy Blue 1/4 Zip Sweatshirt: Blauer- #4630X • Jacket- Blauer- #9845Z • Hats- • Navy Baseball Style (Flex -fit) • Navy Winter Stocking Cap AP -205 Uniform -Personal Appearance Page 4 of 9 PP_ ii L. E L 0 C • Belts- Black Leather Basket weave (Velcro closure) • Duty Boots- From current approved list located on the City Fire Department Intranet page: http://intranet/uploadedFiles/Departments/Fire/Boot%20List.odf *Members are responsible to determine which pair of boots on the approved list will be best suited. It is the member's sole responsibility to ensure correct sizing when ordering. Any cost above the pricing for the department standard issued boot will be the sole responsibility of the employee. In the event the employee purchases a boot from an approved vendor that exceeds the amount paid for the standard issue boot ($325), the employee shall be responsible for refunding the City for the exact amount of the overage within 10 days from the time of purchase. Rules for Clothing Exchange- All Personnel Clothing Exchange Request/Authorization forms and damaged clothing will be collected by the Division Chiefs the 3rd week of the month and filled and returned by the 4th week. (some items may require a wait period for alterations or printing). Division Chiefs will collect the authorization form and the clothing item to be exchanged. Authorization Form can be found on the Intranet. Clothing history for the last two years will be examined before final approval. All clothing requests must be accompanied by a signed authorization form. All alterations that the Department pays for will be handled by the Administration Office. Any and all questions from crews will be directed to the Division Chiefs. Details for each clothing item return are outlined below. • Class A — Requires item to be returned. Items that need to be replaced must be turned in. Upgrades will be ordered for you if and when you promote. • Winter Coats- Requires item to be returned. If your coat gets damaged, we may send it in for repair, or if needed, a replacement coat will be ordered. A loaner coat may be given until you receive the new one. The Department will not pay to replace lost Winter Coats • Job Sweatshirts — Requires item to be returned. Division Chief discretion as to whether the job shirt needs to be replaced for fading, damage etc. We will have these in stock but the employee will have to wait until the name/rank can be printed on the job shirt. (this may take up to 30 days). The Department will not pay to replace lost Job Sweatshirts. • Class B shirts — Requires item to be returned. Suppression personnel can only return WorkRite shirts for replacement. • Pants — Requires item to be returned. Suppression personnel must turn in WorkRite pants in order to be issued a replacement. Only WorkRite pants will be accepted for exchange. Division Chief discretion for exchange. All pants come un -hemmed. Please note your inseam measurement on the form and your pants will be taken in to be hemmed before being issued. This could take up to 30 days. • Belts — Will be replaced if worn, they will be in stock. Division Chief will collect old/damaged belt when issuing the new one. • T-shirts — Requires item to be returned. Division Chief Discretion as to whether the t -shirt needs to be exchanged for damage, fading, etc. We will only accept Union T-shirts with the current printing on the back for exchange. If you promote, new t -shirts will be ordered for you. • Sweatpants & Shorts - Requires item to be returned. Division Chief discretion for exchange. Items will be collected and disposed of by Division Chief when issuing the new item. • Hats - Requires item to be returned. Division Chief discretion for exchange. Hat's will be collected and disposed of by Division Chief when issuing the new hat. • Boots — Requires item to be returned. Division Chief discretion if boots need to be replaced or rebuilt. Department will pay to have boots rebuilt and will pay for zippers. $325 total max cost on new station boots. Employee is responsible for any amounts over $325 and must be paid at time of purchase or turn in check for overage made payable to the City of Meridian with your receipt for the boots. Please obtain the authorized boot list from the intranet before AP -205 Uniform -Personal Appearance Page 5 of 9 4) U M L Q. C. O U) E L 0 ■ 0 purchasing. (Only Station Boots are handled through the clothing store. See Division Chief Welborn for Wild/and boots.) • Shoes- Requires item to be returned. • Badges, collar brass and name plates — Requires item to be returned. These will be replaced upon returning the damaged item. Turn in to Division Chief with authorization form. Alterations What the Department will pay for: • Adding stripes/braids to Class A Uniforms • Adding or changing out Maltese Service stars on Class A Uniforms • Hemming of Nomex work pants • Reapplying patches and flags (all items come with flags and patches already applied) • Sewing on buttons What the Department will not pay for: • Alterations to adjust sizing due to weight gain/loss on any Department issued clothing (except for Class A Uniforms) • Alterations for a desired fit Class A Code of Conduct 1. Proper uniform headgear will be worn anytime a member is wearing their Class A uniform outdoors. Upon entering a building the member's cover (hat) will be removed. When in Class "A" uniform, the hair will not extend below the bottom edge of the front of the headgear, when worn, or below the bottom edge of the collar. 2. When in uniform and wearing a cover (i.e.: Class A's outdoors), the member will come to the position of attention and salute on the following occasions: * When the flag is passing in a parade, a review, or on a casket * During the ceremony of hoisting or lowering, * When the National Anthem is played, * During the Pledge of Allegiance. 3. Proper etiquette is as follows when wearing a cover: Parade/ceremony: Stand at attention when flag is in sight. When the Colors (flag) pass by, salute when it is six steps away and hold the Salute until it has passed six steps beyond. Funeral: Salute when the hearse or caisson passes, the casket is being moved, during the firing volley, when "Taps" is performed and when the casket lowers into the grave. Saluting is required unless you are a pallbearer. Hoisting/Lowering: The salute is initiated at the start of lowering and held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest. Nat'l Anthem: Individuals in uniform should face the music, or flag if one is present. Then they should stand at attention and give the military salute at the first note of the anthem and maintain that position until the last note. Pledge: Face the Flag, stand at attention, salute and begin reciting maintaining that position until completed. 4. When in uniform and NOT wearing a cover (i.e.: indoors or Class B/C's) the member will come to attention (as per the above listed etiquette) but NOT salute. AP -205 Uniform -Personal Appearance Page 6 of 9 PP_I O H L E L 0 0 5. How to: a. Come to Attention: To assume this position, bring the heels together sharply on line by moving the heel of the left foot to the heel of the right foot. The toes should be pointing out equally, forming an angle of 45 degrees. Rest the weight of the body evenly on the heels and balls of both feet. Keep the legs straight without locking the knees. Hold the body erect with the hips level, chest lifted and arched, and the shoulders square. Keep the head erect and face straight to the front with the chin drawn in so that alignment of the head and neck is vertical. Let the arms hang straight without stiffness. Curl the fingers so that the tips of the thumbs are alongside and touching the first joint of the forefingers. Keep the thumbs straight along the seams of the trouser leg with the first joint of the fingers touching the trousers. b. Salute: To salute, raise your right hand smartly until the tip of your forefinger (index finger) touches the brim of your cover, above and slightly to the right of your right eye. Keep your thumb and fingers extended and joined, palm to the left, with your hand and wrist straight. Hold your upper arm horizontal, and your forearm inclined at an angle of 451. At the same time turn your head and eyes toward the person or flag you are saluting. Hold the salute until returned by the person, saluted, and then drop your hand smartly to your side (without smacking your side). C L ***Remain silent, unless reciting the Pledge, and do not move unless otherwise directed. *** Q. Other Uniform Accoutrements C, Q Badge Mourning Band 1. Wear a mourning band at the line -of -duty funeral of any firefighter, or member of the United States armed forces, who died in the performance of duty. 2. Wear a mourning band at the non -line -of -duty funeral of any active or retired firefighter. C 3. Wear a mourning band on Sept 11th -National Patriot Day, each year in remembrance of our fallen brothers. 4. Wear a mourning band at any line -of -duty memorials, such as wall or plaque dedications. E 5. When directed by the Chief. L 0 White Gloves: To be worn when member is part of the ceremony (funeral, parade, etc) or as directed by the Chief. Definitions: 1. "On Duty"- Any time a member is being compensated for service, a member is considered on -duty. Examples may include shift work, training, conferences, seminars, etc. 2. "Off Duty"- Any time a member is not working within any capacity for the Department. References: 1. Class A Code of Conduct (see above) 2. Policy AP525- Meritorious Service Awards 3. Form AP205 — Authorization Form AP -205 Uniform -Personal Appearance Page 7 of 9 Forms/Supporting Documents: Issued/required clothing for department suppression personnel. NOTE: Leather helmets are eligible to be ordered, directly through the Fire Chief via email request, after 5 years of service. If the member has received a leather helmet and subsequently promotes to Captain or Chief Officer, the Department will order a 2nd leather helmet at the member's request, provided the member reimburses the City for the difference in cost as compared to the standard issued helmet. Clothing Items for Suppression Personnel Number Required 1. Class B Shirt- Short/Long Sleeve Maximum of 5 in any combination 2. Class D T -Shirt Short/Long sleeve 8 any combination 3. Class B/D Nomex Pants 4 4. Belt 1 5. Station/Duty Boots 1 6. Class B Collar Brass- set 2 7. Class A Collar Brass- set 1 8. Badge for Class A and Class B 2 9. Class A uniform 1 10. Ball Cap 2 11. Winter Stocking Cap 2 12. Workout shorts 3 13. Workout sweats 1 14. Job Shirt 2 15. Winter Jacket 1 16. Name Plates 2 17. Leather Helmet 1 after minimum 5 years of service one time PP_ , OR O H L Issued/required clothing for department Administrative personnel (cont'd on next page). %_.. E L 0- ■ AP -205 Uniform -Personal Appearance Page 8 of 9 ADMINISTRATION CLOTHING ITEM Chief • ef, Deputy Chiefs, - Class A Uniform (sizes over 50, add'] charge) Quantity Required 1 required Winter Duty Coat -Navy w ith Liner - Dark Navy 1 Maximum Job Sw eatshirt Pullover 1/4 zip Black 2 Maximum Solid Black Pants 6 Pair Max in any Combination Duty Belt Velcro Basket Weave 1 3/4 Black 1 belt maximum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 10 total in any combination w ith at least 3 minimum Class B shirts Short Sleeve Compression T -Shirt, Admin Logo, Blauer, Black Short Sleeve Compression T -Shirt, Admin Logo, Blauer, White 10 total in any combination Maximum Sweat Pants - Dark Gray ADMIN LOGO Jerzees 1 Maximum Gym Shorts - Dark Gray ADMIN LOGO Anvil 2 Maximum Duty Ball Cap Flex Fit PORTAUTH Black 2 Maximum Winter Stocking Cap Black 1 Maximum Shoes, Your Choice Black 1 pr Maximum Badge - Black/Red/Gold 2 Maximum Collar Brass (Red/(:;old) - Set of 2, 5 bugels 2 Sets Maximum Collar Brass (Red/Gold) - Set of 2, 4 bugels 2 Sets Maximum Collar Brass (Red/(:;old) - Set of 2, 3 bugels 2 Sets Maximum Name Plate Rhodium (Gold) 2 Maximum Fire lnspectc�r Class A Uniform (sizes over 50, add'I charge) 1 required Winter Duty Coat -Navy w ith Liner - Dark Navy 1 Maximum Job Sw eatshirt Pullover 1/4 zip BLACK 2 Maximum Solid Black Pants 6 Pair Max in any Combination Duty Belt Velcro Basket Weave Black 1 3/4 1 belt maximum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 10 total in any combination w ith at least 3 minimum Class B shirts Short Sleeve Compression T -Shirt, Black, Admin Logo, Blauer Short Sleeve Compression T -Shirt, White, Admin Logo, Blauer 4 total in any combination Maximum Duty Ball Cap Flex Fit Black PORT AUTH 2 Maximum Winter Stocking Cap Black 1 Maximum Black Shoes, Your Choice 1 pr Maximum Badge - Black/Red/Silver. Fire Inspector 2 Maximum Collar Brass (Red/Silver) - Set of 2 2 Sets Maximum Name Plate Rhodium Silver Public Educatc�r Class A Uniform (sizes over 50, add'I charge) 2 Maximum 1 required Winter Duty Coat -Navy with Liner- Dark Navy 1 Maximum Job Sweatshirt Pullover 1/4 zip BLACK 2 Maximum Solid Black Pants 6 pair maximum Duty Belt Velcro Basket Weave Black 1 3/4 1 belt maximum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 10 total in any combination w ith at least 3 minimum Class B shirts Short Sleeve Compression T -Shirt, Black, Admin Logo, Blauer Short Sleeve Compression T -Shirt, White, Admin Logo, Blauer 4 total in any combination Maximum Duty Ball Cap Flex Fit Black PORT ALTH 2 Maximum Winter Stocking Cap Black 1 Maximum Black Shoes, Your Choice 1 pr Maximum Badge - Black/Red/Silver Public Education 2 Maximum Collar Brass (Red/Silver) - Set of 2 2 Sets Maximum Name Plate Rhodium (Silver) Administrative Assistants Button -up shirt w/logo 2 Maximum 2 Maximum Polo shirtw/logo 2 Maximum Fleece Jacket w/logo 1 Maximum AP -205 Uniform -Personal Appearance Page 9 of 9 C M CL CL �J E 0 ■ C 0 APPENDIX E (Northwest Firefighters Benefits Trust Projected 2017 Rates APPENDIX E o m m m m M m m rCCF pv' r^ m m m o m m m m _ O N m ^� m m C 0 n m S oo n n m Q o0 < n m rD rD 2 m rD m n m m m -n Q�� Q �� Q�� (D n _ OF F.I. m I-, I-, V � fll m V-) v" V-, V)- i/? trt Y Y Y V V W Ln W lDD O 0 3 .p w 0 0 0 0 0 0 Y O Y O Y O N N pj W \ W V V V lD -V. �p (D 0 O 0 O 0 O 0 O 0 O 0 O Q A p O Y W W O O O V 00 Y to •OA W O Ln p (p �• n� — rh {.O i./1 W N t./� 00 V CD Ln O P:. 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N � rt y, to I Q m wI rD L 0-O C 6 o C c = tD \ SI '° s. w o v fD o I — — — — — — — --- Vn to V V> � Vl n F A Ol fN-+ V 1OD 4 N In to In Iit rD O N mw Nm rD City of Meridian Effective Date: January 1, 2016 PPO Renewal without Firefighters Note: Employee count is based on the exclusion of the 59 Firefighters in current plan. Healthy Measures rate of $1.50 PEPM not included in above rates. Blue Cross of Idaho Preferred Blue PPO In Network (Out of Network) $750 Deductible Office Visit Copay $25 (60% after deductible) Deductible Individual Family $750 $1,500 Coinsurance Maximum Individual Family $2,250 ($3,750) $4,500 ($7,500) Hospital Benefits Hospitalization Emergency Room 80% (60%) after deductible $100 copay, 80% (60%) after Prescription Drugs $10 Generic $25 Brand Form $40 Non Formulary Renewal: $3,000 OOP Max Other Items Preventive Care Lifetime Maximum 100% (60% after deduct) Unlimited Rates Current Renewal Employee 78 $498.69 $562.74 EE/Spouse 44 $1,089.57 $1,229.51 EE/Child 23 $736.01 $830.54 EE/Children 19 $874.46 $986.77 Family 155 $1,308.51 $1,476.56 Monthly Cost Annual Cost 319 $323,200.92 $3,878,411.04 $364,710.01 $4,376,520.12 Increase/Decrease over Current $ Increase/Decrease over Current 12.8% $41,509.09 Composite Rate (PEPM): 1 $1,013.17 $1,143.29 Note: Employee count is based on the exclusion of the 59 Firefighters in current plan. 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D) N C) n o v 3 rr-D c' 3 c 3 °a N 3 c V). iA N VfN W p 01 V N lD tNn N N A V lD F In O A Ol t0 iA V Ln N 00 O tD In .P O O N LO (n cn O N iV: - Y0 m R r1i CD a) i0 V 00 O If+ N al W 00 00 N N O O A Ol V (n iA lD Ln In V O A A Ol A O l0 w A U1 O Ul m t0 V O W V; A SCC) V00 NJ a*t O cg A in -N C.)N 1p O O W N N O UWi N e w A i m O ONO N � F+ w Lrl 00 00 LD w N A V A in� 00 O O O N l0 W 00 O A m W co W LO O O LO (0 U7 lD V A O W N N N IA W N m m O U7 00 l0 V O V A N W O l0 D D n n o o 3° O OJ rD r n n' s n0 m T (�7 -i n N T D Obi T Z D N c G) D Z M n = r O m O rD N `^ D N N o D T U1 T c W Ln m --i N p (n tD O tD o Meridian City Council Meeting DATE: October 25, 2016 ITEM NUMBER: 9 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS