Loading...
HomeMy WebLinkAbout2006-10-13 Special• K~11`Y LJ~ o ~' 1. _ _.;, ~b ~t ' ~~.~~c~ L!~ `x.~„ ~~ v ,,.tom y ;~3:; MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA • Friday, October 13, 2006 at 9:00 a.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: ~, Shaun Wardle rr Joe Borton k Charlie Rountree ~ Keith Bird _~ Mayor Tammy de Weerd 2. Adoption of the Agenda: ~~ c,1 cl ~J-I-~~vY< < - ~~1 ~~~~ ~ r'T GLc yjf' GAS %I dYGi v1C'~cc~ 3. Bid Results and Award of Abatement and Demolition at the New City Hall Site: ~~~ G~.:SS~~ cl - >~ ~~~-~d ~ ~ d (~~7~7 ru~~-- (~,ti1fi~z~ ~-E, ;~Y .~ ~ ~$(~ i (f~7G . -}v tri ~ ~l.Ec~, ~,~ v ~~ 12~t~~ Yom. ~ ~ ~-i ~-~-; ~ Y ~~-,~ ~ , ~~~~- ~ (~~1,LK~1 ~ ~~~ ~~,r~.l~~~~k~..-~ v ~~.~ 14~ l°.~ti .--1v ~-c,~ ~L~ LG~~U~r ~ ~~`Jlr`~ 1Z`-~ yvt ~ti ~--~\ ~~ zJ ~~'~o~~ k (-`L,J ~ c J ~tii"Lt,•~f~;1c{, Z u`~ Meridian City Council Special Meeting Agenda -October 13, 2006 Page 1 of 1 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. P 23~ ~ ' C['I'Y OF ~~~~Y't eYll~lC"Y! -~ `~~ «~o E.~ -~,,,~ ~.`~ ~ TNF.ASURE V l~`~Y Sipe[ 1903 MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Friday, October 13, 2006 at 9:00 a.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Gorton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Bid Results and Award of Abatement and Demolition at the New City Hall Site: Meridian City Council Special Meeting Agenda -October 13, 2006 Page 1 of 1 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. Broadcast Report `~ ~ DateTme 10-11-2006 11:15:28 a.m. Transmit Header Text Gity of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Loral Name 2 Line 2 This document :Failed {reduced sample and details below) Document size : 8.5"x11" V ~Cd SG f~©~~" ,{~' l~Gc.l~.L~`~,, Na-h"Ce~ -' ~Glez>rl,¢S~ ~,i'f~119f'YG~II~1? ~' saw MERIDIAN Ci'i'Y COl1~1CIL SPECIAL b1EETlNtG AGENDA F>rlday. October 13, 2008 at 9:00 a.m. C[ty Councfl Chambers 33 East Idaho Avenue, ~flerWlan, Idaho °Aldxwgh tl~® Cky of Meridian rra tottger requbes swam testlmany. aU presenfedons berore the Maya and City Cauncrl ens axpsafed to be fruthfu! and honest to bast of the ablNry of the presenter." 1. Ro1l~eail Attendance; Shaun Wardle Charlie Rountree 2. 3. Total Paaes Scanned : 1 Adoption of the Agenda: Joe Barton ____, Keith Bird ,,,-,_,,, Mayor Tammy de Weerd Biri RasuNs and Award aF Abatement and DamoliHon at the Naw Cltyr Hail Slte: naeraitan, car co,moa special n~,da - aaoeer t& 2l~ t~ege s W ~ qu a a<pu>ma meeawga aha9 6e+xme wbvaRr afthe City ateaerhifaa. Myavro aeslMS ~n tea ~aL~es related m attu andtor hear~g. please rn~aaot the ~+Clark's arace ~ ses,aa3s ~ 46 hoaae ptbrto 9~e publb D. Total Pages Confirmed : 21 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 052 3810160 10:42:04 a.m. 10-11-2006 00:00:00 0i1 1 - HS FA 002 052 ICRMP 10:42:04 a.m. 10-11-2006 00:01:02 1/1 1 G3 HS CP14400 003 052 8989551 10:42:04 a.m. 10-11-2006 00:00:12 1J1 1 EC HS CP21600 004 052 8848723 10:42:04 a.m. 10-11-2006 00:00:23 1/1 1 EC HS CP14400 005 052 8886854 10:42:04 a.m. 10-11-2006 00:00:10 1/1 1 EC HS CP31200 006 052 8985501 10:42:04 a.m. 10-11-2006 00:00:23 1J1 1 EC HS CP14400 007 052 8467366 10:42:04 a.m.10-11-2006 00:00:10 1/1 1 EC HS CP28800 • _ , _ ~": g..~ i I f . CITY OF ~ ~~ ~ `' i e~t~~ ~ IDAHO 5F ~F DER ~~ TReasuRe VnuE'~ g 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle rq ~ ' _ !F ~ f~ ~ NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of CITY DEPARTMENTS City Attorney/HIZ 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2].91 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 Meridian will hold a Special Meeting at Meridian City Hall, Council Chambers, 33 East Idaho Avenue, Meridian, Idaho, on Friday, October 13, 2006 at 9:00 atm. The Meridian City Council wilt discuss the following item: Bid Results and Award for Abatement and Demolition at the New City Hall Site: The public is welcome to attend the special meeting. DATED 11th day of October, 20~. ~q ~~\1t~IS6t1!lJJJ/JJ4 T C,~I LERK ~ y +~~ /,///f~fdflPPlft 9i864'11~~~A;fit V1/ILLIAM G. BERG, JR. Meridian City Council Special Meeting -October 11, 2006 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabil'fies related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY I TALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper a ~ ~~ IF CITY OF ~~ ~ j _ `+ ~® \~ erl~lcn .~ ~~~, ~ IDAHO ti F~~~~H OIUrc TREASURE VrV 1~Y g~NCE 1993 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle NOTICE OF SPECIAL II~EETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-550] Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Meridian will hold a Special Meeting at Meridian City Hall, Council Chambers, 33 East Idaho Avenue, Meridian, Idaho, on Friday, October 13, 2006 at 9:00 am. The Meridian City Council will discuss the following item: Bid Results and Award for Abatement and Demolition at the New City Hall Site: The public is welcome to attend the special meeting. DATED 11th day of October, 20~. \~g~`s\q`1111191fI111////~6,'` ~~~ f ® ~aa~~ - WILLIAM G. BERG, JR.=~ CI/~ LERK ~ ;' Meridian City Council Special Meeting -October 11, 2006 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's office at 888-433 at least 48 hours prior to the public meting. ~ITY FALL 33 EAST IDAHO AVENUE 1VlERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled papeE • • Meridian City Council Special Meeting October 13, 2006 The Meridian City Council Special Meeting was called to order at 9:00 A.M. on Tuesday, October 13, 2006 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Joe Borton. Staff Present: Bill Nary and Sharon Smith. Others Present: Wes Beddis and Steve Simmonds. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: At that request of the attorney, we would like to add Item No. 4 with the permission of the Mayor and Council of having an Executive Session as per Idaho State Code 67-2345(1)(c) and with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay, I have a motion and second to approve the agenda as amended. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Bid Results and Award of Abatement and Demolition at the New City Hall Site: Beddis: Mayor, Council members thank you my name is Wesley Beddis. I am construction manager with Petra Incorporated, 9056 W. Black Eagle in Boise until March and then will be on Rosario. Thank you for this special session. I apologize there was a clerical error in your report that was my doing that we Meridian City Council Spe'cfal Meeting October 13, 2006 Page 2 of 6 didn't pick up on. The bid results were correct in terms of the total bid being $386,000 for abatement and demolition as the low bidder. In other words the letter dated October 10~' that I introduced into the record through the combined bid results is correct as is the $23,000 incentive deduct for not salvaging the brick, however, there was not a $70,000 additional incentive for being awarded both the abatement and the demolition and that was strictly a clerical error on my part picking up something on the bid results form that was not actually correct. My apologies, it does not change the bid results or the bidders. It was strictly clerical. So, it is our recommendation as construction manager that you ratify the bid results and direct staff to enter into contract negotiations with the low bidder at $386,000 for a combined bid of both the abatement and demolition. De Weerd: Council any questions? Bird: That is Ideal Demolition, Incorporated? Beddis: Yes. Bird: I have no questions. De Weerd: Okay, Mr. Nary did you anything to add? Nary: Madame Mayor, members of the Council just as further information, Mr. Baird from my office has been in touch with Mr. Lee that we have used in the construction management contract initially and we have gotten some alternatives to the standard contract that is a shorter form that we are going to discuss with Mr. Beddis and see if it is something that we can work out with Ideal Construction and help (inaudible) a little bit quicker so we can get the contract signed and before you. De Weerd: Okay, do you think you can have that before Council then on Tuesday? Nary: Well, we will do the best we can. Bird: Madame Mayor. De Weerd: For the Council, Bill, if we approve it and -with the addition -like we did before Mayor signed and started to attest, it doesn't have to come back does it, if as long as the City Attorney thinks it is a satisfactory contract? Nary: Madame Mayor, members of the Council, Councilman Bird, yes, if the Council is in agreement, like you said, I think all we are looking at is trying to expedite the terms and agree with the amount and if we can get the contract before the Mayoras soon as possible, we could have it signed. Meridian City Council Sp~'~ial Meeting • October 13, 2006 Page 3 of 6 Bird: That is my preference. I have no problem with that at all. We are basically writing the contract. If the guy agrees to it, Wes is happy with it, you are happy with it - Nary: We are certainly working with Petra to make sure it meets their needs as well as the city's. Beddis: Mayor, Council members what Mr. Nary is addressing is the fact that in the bid documents we stated we would be using the American Institute of Architects suite of contract forms, however, for these two scopes of work the abatement and the demolition, the suite of forms keeps referencing back to the architect and the architect's contract documents, which are the drawings. Since there are none of these involved in these scopes of work it is strictly the abatement and the removal of existing structures with no design considerations the contract becomes rather wordy and ineffective by having to continually delete paragraphs or reference away from paragraphs that tum back to the architect since there is no liability for the architect involved in this aspect. So, Mr. Baird approached me this morning and suggested that we look at this alternate contract, which I am very much in agreement with and he will then present both to the successful bidder and let them determine whether they want to stick with the AIA suite or go with a condensed contract form. De Weerd: I don't think our architect would like to claim responsibility for the design of the Creamery. Bird: Oh, I don't know why he wouldn't. De Weerd: Mr. Nary when does the ten days start for the -what is it the EPA notification --? Beddis: EPA notification of intent. Actually that starts once the contractor has sent in the information listing as the apparent contractor for the work and that is not tied to the city's notice or to the contract. It is tied to the contractor's notice to the EPA, which I believe he made on Monday or Tuesday - I would have to confirm with him. But, we are already within that notification period to the EPA. Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: Madame Mayor, members of the Council I did speak with Mr. Watts before he left town, he is out of town today, but he did tell me that he did speak with Ideal Construction after they realized this error on Wednesday and because they are still the low bidder he was anticipating that we would take care of this today, so he told them to proceed with what they were doing to continue on as the contract would likely get approved today. So, they would not get three or four Meridian City Council Special Meeting • October 13, 2006 Page 4 of 6 more days behind and that they would continue on with their work. I think we are still on track as if we had awarded it Tuesday anyway. De Weerd: Okay we will need to get the dates so we can set up a minute before the demolition begins a little ceremony. Nary: Mr. Watts is aware of that. I did mention that to Mr. Watts and he said he would be sure to make sure that your office was aware of what all the timing was of all that. The abatement, I think was the initial things that they were looking at and there were some other things preliminarily to the actual demolition. De Weerd: Any other questions Council? Bird: I have none. De Weerd: Okay, thank you. Bird: Madame Mayor if there isn't any discussion I would move that we enter into a contract with Ideal Demolition, Inc. for the demolition of the new city hall site, known as the old Creamery for $386,000 and for the Mayor to sign, the clerk to attest upon approval of contract by Petra, our legal staff and owner, after owner signs. Rountree: Second. De Weerd: I have a motion to approve the contract with Ideal Demolition. Any discussion? Mrs. Smith will you please call roll. Roll Call: Councilman Wardle, aye; Bird, aye; Rountree, aye and Borton, aye. Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: With passage of that I don't know what the plans are in terms of announcing it, but I think I have read at least three articles in the local newspapers indicating that the cost was $316,000 and I think we need to notify them that there was an error and the low bid company is still the company we awarded the price to, but the price is $386,000. De Weerd: I think that was in the last article, too. and that it would be back in front of Council today for the new amount. Bird: The last article did say that Meridian City Council Sp~al Meeting October 13, 2006 Page 5 of 6 De Weerd: So, do you want me to make any further changes? They were notified and it was in the paper. Rountree: Okay, just let them know it happened. De Weerd: Okay, with that behind us we do have an added number four for Executive Session. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 1 (a) and (c). Rountree: Second. De Weerd: Okay, I have a motion and a second for an Executive Session. Mr. Nary? Nary: Nothing, Mayor I am song. De Weerd: Will you please call roll. Roll Call: Wardle, aye; Bird, aye; Rountree, aye and Borton, aye. Item 4. Executive Session per Idaho Code 67-2345 1 (a) and (c): Wardle: Madame Mayor, I move we come out of Executive Session. Rountree: Second. De Weerd: Okay, I have a motion and a second to come out of Executive Session. All those in favor say aye. ALL AYES. MOTOIN CARRIED. Item 5. Approve Economic Development Coordinator Contract: De Weerd: Okay I will need a motion to add the contract for the Economic Development Coordinator to our agenda for Council consideration. Bird: Madame Mayor. De Weerd: Mr. Bird. Meridian City Council Sp~al Meeting October 13, 2006 Page 6 of 6 Bird: I move we -well, do we have to -that is something that we would determine in an Executive Session - we would just come out and make a motion to - Nary: Make a motion to add that and approve it. Bird: I would move that we add the Economic Development contract to our agenda and approve the contract for three months till January 1, 2007 at the sum of $4,500 per month. Rountree: Second. De Weerd: Okay, I have a motion and a second to add and approve the contract for Economic Development Coordinator. Any discussion? Okay, hearing none, Mrs. Smith will you call roll. Roll Call: Wardle, aye; Bird, aye; Rountree, aye and Borton, aye; ALL AYES. MOTION CARRIED. De Weerd: Okay, Council is there any further business to be considered in front of Council? Hearing none, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:44 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE ERD, MAYOR ATTESTED: i'~/~ WILLIAM G. BERG, DATE APPR~~[~"••'•••,•,;, a° ~~~ ~ ~~ JR., CI ~L q • MERIDIAN CITY COUNCIL MEETING October 13, 2006 APPLICANT ITEM NO. 3 REQUEST Bid Results and Award of Abatement and Demolition at New City Hall Site AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LJ MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session October 13, 2006 ITEM NO. 4 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS October 13, 2006 MERIDIAN CITY COUNCIL MEETING October 13, 2006 APPLICANT ITEM NO. REQUEST Approve Economic Development Coordinator Contract AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CI1Y PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: ~_ Emailed: Staff Initials: Materials presented at pµblic meetings shall become propetiy of the Clay of Meridian. • ! MERIDIAN ECONONIIC DEVELOPMENT COORDINATOR AGREEMENT TffiS-AG +'EMENT is to. be effective th~~j day of October, Za06,-and continue through December 31, 2006, by and between THE City OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "City's of 33 E. Idaho Ave., Meridian, Idaho 83642 and Cheryl Brown (hereinafter referred to as `BROWN") of 2528 Crooked Creek Way, Meridian, Idaho. 1. Scope of Services: BROWN shall perform all services, made a part of this Agreement and may receive additional duties as assigned that aze consistent with the intent and objectives of this agreement. If BROWN believes the additional duties are outside the scope of the Agreement she must raise that issue to the Mayor as soon as reasonably possible. BROWN shall act under the direction and at the pleasure of the Mayor and City Council. She shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). BROWN is neither an independent contractor nor an employee of the MDC, its Board or Administrator. Brown's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. She will act as liaison with CITY departments and officials; .and represents the CITY where appropriate in economic development meetings The Mayor will provide BROWN with assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with CITY policy and practice. The focus of the Economic Development Coordinator shall be azound five (5) primary areas that have been developed over the last year in collaboration with BROWN (as outlined in the Economic Development Coordinator focus the specifics regarding each subject azea will be provided in writing to BROWN and aze hereby incorporated by reference: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On-Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following azeas: weekly business visits, main#aining a current website, working with the Resource Center ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 1 of 8 • ~ on development of the marketing materials and the continued efforts with the Medical/Health Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; work with and respond to inquiries, Economic Development partners, developers and their projects; the South Meridian and Ten Mile planning activities as they relate to Economic Development and the necessary follow-up. BROWN agrees to prepare and famish at minimum a monthly report for payment of services and data as may be required by the CITY. In general the status report will indicate details that can be shared publicly, contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, materiaUpacket sent, follow-up on status, etc. This will comply with Paragraph 7. BROWN agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information famished to the CITY under this contract. All information received by BROWN, during the course of this Agreement or the preceding Agreement between BROWN and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, BROWN shall promptly deliver all materials and equipment received by her to the CITY. BROWN shall not retain any such materials or information in any form unless she has received written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. BROWN retains all rights to information received only due to her existing relationship with Brown Construction, Inc. BROWN shall retain exclusive right to that information. Information that BROWN receives in fiutherance of this Agreement shall not be shared with Brown Construction, Inc. 2 Time: This agreement shall become effective on the --~~= - y of O~ober, 2006 and e~ecufiion byboth parties,-and shall expire on December 31, 2006 unless earlier terminated or extended. The parties may extend this agreement on a month to month basis after the expiration date by mutual agreement. Such extension shall be at the same teens and payment amount unless agreed to in writing by both parties. BROWN is not required to maintain specific office hours or work schedule, but must perform the tasks as defined in this Agreement in a timely and satisfactory manner. ECONOMIC DEVELOPMENT COORDINATOR AGREEMIIVT 2006-page 2 of 8 • ff.. Indemnificatlon and Insurance: BROWN shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or properly and losses and expenses caused or incurred by BROWN, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. BROWN 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 amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CI TY becomes liable for an amount in excess of the insurance limits, herein provided, BROWN covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, chinas, actions, or judgments .for. damages or liability to, persons:. or property.. BROWN shall provide CITY with a Certificate of Insurance, or other proof of.insurance evidencing BROWN'S compliance with the requirements of taus paragraph and file such proof of insurance with the: GIT'Y. In the event the insurance minimums are changed, BROWN shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted pursuant to the notice section of this Agreement. 4. Independent Contractor: BROWN shall be deemed to be an independent contractor as Meridian Economic Development Coordinator. BROWN shall not have mandatory duties except those imposed by law or regulation and those necessary to carry out the terms and conditions of this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, or shareholder) between the parties other than the independent contractor relationship as set forth herein. BROWN is, and shall be treated by CITY as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. She will not be treated as an employee with respect to the services performed by her for federal tax purposes. BROWN hereby acknowledges that she has been advised by CITY that as an independent contractor (non-employee) affiliated with CITY, she is responsible for the payment of all her own federal income taxes and her own self- employmenttaxes (FICA), together with any and all corresponding state, county and local taxes, if any, and she hereby agrees to comply with those responsibilities. BROWN hereby waives any claims she has or may have against CITY now or in the future respecting such taxes or the right of CITY not to withhold, not to pay or not to contribute to such taxes on her behal£~ The CITY will provide a work station on site with a computer and phone, at CITY Hall in the Mayor's office, for Brown's use as needed. BROWN may also have ECONONIIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 3 of 8 access to CITY conference rooms for meetings in furtherance of this Agreement. BROWN is free to choose to work from other locations to perform the tasks related to this Agreement. This Agreement contemplates that BROWN will represent the CITY in Economic Development meetings, committees, institutes, work groups, forums, or similar manner. She may represent the -CITY on behalf of the Mayor or CITY Council at their direction. She may occasionally be directed to attend seminars, conferences, or institutes at the CTI'Y's expense as the CTTY's representative. If directed by the Mayor or CITY Council to attend such events the CITY will incur the costs and expense of the travel and necessary expenses for attendance. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. 5. Compensation: BROWN shall be compensated as the Meridian Economic Development Coordinator and shall provide related services in fiirtherance of this stated goal and. objective pursuant to and specified in paragraph 1. BROWN will be paid a monthly amount of $4,500:00. At the end of each month an invdice shall be submitted by Brown with an accouating:of the-work performed in-the preceding month. 6. Reimbwrsable F.zpenses: It is contemplated by the parties that BROWN may incur necessary operating and entertainment expenses in the performancx of her duties under the terms of this agreement. This Agreement authorizes expenditures not to exceed $1`5a.U0 rnonthty with appropriate receipt for costs incurred by BROWN for attendance, participation in economic development meetings, committees, institutes, work groups, forums, or entertainment of potential parties that further the Economic Development intent of this agreement. Receipts must be submitted timely and must include sufficient information to support the purpose of reimbursement. Any amount in excess of $150.00 within a month must be specifically approved by the CITY Council. Any travel, out of Ada or Canyon County, and the associated registrations fees, or costs of attending seminars, institutes, or conferences will be brought separately before the CITY Council prior to incurring the expense. The Council must grant specific authorization for expenses of this nature. This is not intended for items covered in Paragraph 5 of this Agreement that are budgeted under the Mayor or the CITY Council. 7 1Vlethod of Payment: BRAWN will be submit a monthly.reportofher duties :performed consistent with the Scope of8ervic~ identified in Paragraph 1 ofthis __ Agreement and she willthen be paid by the CITY her monthly compensation on or about the last business day of each month. Reimbursable expenses will be paid with thirty (30) days of the claim that are consistent with this agreement. If ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 4 of 8 ~~ r additional duties and payment'are agreed upon by the parties they shall be included in the monthly report for payment. 8 Novices: 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 Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Cheryl Brown 2528 Crooked Creek Way Meridian, Idaho 83646 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. Attorney Fees: Should any litigation be commencai 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. 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. Assignment: It is expressly agreed and understood by the parties hereto, that the parties 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 the non assigning party. 11. Discrimination Prohibited: In performing the Services required herein, BROWN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 5 of 8 data and information as the CITY may request pertaining to matters covered by this Agreement. This can include oral updates and reports and is not meant to supersede the monthly report for the purposes of payment. 13. Audits and Inspections: At anytime 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 BROWN' S records with respect to all matters covered by this Agreement. BROWN 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. The records contemplated by this section are only related to the terms and conditions of this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subj ect 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. 15. Compliance with Laws: In performing the scope of services required hereunder, BROWN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. CLanges: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Brown's compensation, which aze mutually agreed upon by and between the CITY and BROWN, shall be incorporated in written amendments to this Agreement. The amendments shall be in the form of a "Change Order." 17. Termination: For Cause: If, through any cause, BROWN, its officers, employees, or agents fails to fulfill in a fsmely 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, the CITY may immediately terminate this agreement with notice to BROWN. Without Cause: 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 BROWN of such termination and specifying the effective date thereof at least ten (10) days before ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 6 of 8 • the effective date of such termination. BROWN may also terminate this agreement at any time by giving at least ten (1 Q) days notice to CITY. In the event of any termination of this Agreement, whether "For Cause" or "Without Cause" all finished or unfinished documents, data, and reports prepared by BROWN under this Agreement shall continue to be the CITY's property,;and BRO~T shall be: entitled' to receive a pra-rated payment to the end of the termination period. Notwithstanding the above, BROWN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BROWN, and the CITY may withhold any payments to BROWN for the purposes of set-off until such time as the exact amount of damages due the CITY from BROWN is determined. This provision shall survive the termination of this agreement and shall not relieve BROWN of its liability to the CITY for damages. 18. 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. 19. Entire Agreement: This Agreement contains the entire agreement of the parties for the term of this Agreement. Where prior Agreements are referenced as related to the duties and responsibilities of this Agreement they are hereby incorporated by reference in whole or in part. 20. 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. 21. Approval Required: This Agreement shall nofibecome effective or binding-until approv~i by the CITY of Meridian. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 7 Of 8 ~ • Dated this day of ~ ~~ 2006 ,. ~WN __ Dated this ~ day of _ / C'Qiyr/~'~^-' 200b CITY OF MERIDIAN . °, Attest: WILLIAM G. BERG, TAMMY ~~w\s`e~~ gyp'/`!/~~ ~~J ~cJ i~ r ~, ~~' y `~d 1~~' ~~~ `~O~i ®®',~~`dd9ddlii Ibbb89b'$~',4\~ MAYOR ~~ we ~~13 ~~od ECONOMIC DEVELOPMENT COORDINATOR AaxxEEl~rtT 200f>-page 8 of 8 "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." i, ,~, , r u i~ o~ e~l~r~-n ~ ~~ «A~o ~ft~F .~ =.79II~ MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Friday, October 13, 2006 at 9:00 a.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: C~ X Shaun Wardle X Charlie Rountree 2 X Joe Borton X Keith Bird X Mayor Tammy de Weerd Adoption of the Agenda: Add Item 4 -- Adopt as Amended 3. Bid Results and Award of Abatement and Demolition at the New City Hall Site: Discussed -Award Bid /Approve Contract for $386,000.00 to Ideal Demolition Services: 4. Executive Session per Idaho Code 67-23451 (a) and (c): 5. Approve Economic Development Coordinator Contract: $4500 per month for three months to January 2007 Adjourn 9:44 a.m. Meridian City Council Special Meeting Agenda -October 13, 2006 Page 1 of 1 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. Meridian City Council Sp•l Meeting • October 13, 2006 Page 5 of 6 De Weerd: So, do you want me to make any further changes? They were notified and it was in the paper. Rountree: Okay, just let them know it happened. De Weerd: Okay, with that behind us we do have an added number four for Executive Session. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 1 (a) and (c). Rountree: Second. De Weerd: Okay, I have a motion and a second for an Executive Session. Mr. Nary? Nary: Nothing, Mayor I am sorry. De Weerd: Will you please call roll. Roll Call: Wardle, aye; Bird, aye; Rountree, aye and Borton, aye. Item 4. Executive Session per Idaho Code 67-23451 (a) and (c): Wardle: Madame Mayor, I move we come out of Executive Session. Rountree: Second. De Weerd: Okay, I have a motion and a second to come out of Executive Session. All those in favor say aye. ALL AYES. MOTOIN CARRIED. Item 5. Approve Economic Development Coordinator Contract: De Weerd: Okay I will need a motion to add the contract for the Economic Development Coordinator to our agenda for Council consideration. Bird: Madame Mayor. De Weerd: Mr. Bird. Meridian City Council Special Meeting • October 13, 2006 Page 6 of 6 Bird: I move we -well, do we have to -that is something that we would determine in an Executive Session - we would just come out and make a motion to - Nary: Make a motion to add that and approve it. Bird: I would move that we add the Economic Development contract to our agenda and approve the contract for three months till January 1, 2007 at the sum of $4,500 per month. Rountree: Second. De Weerd: Okay, I have a motion and a second to add and approve the contract for Economic Development Coordinator. Any discussion? Okay, hearing none, Mrs. Smith will you call roll. Roll Call: Wardle, aye; Bird, aye; Rountree, aye and Borton, aye; ALL AYES. MOTION CARRIED. De Weerd: Okay, Council is there any further business to be considered in front of Council? Hearing none, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:44 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE WEERD, MAYOR ATTESTED: / / DATE APPROVED WILLIAM G. BERG, JR., CITY CLERK • MERIDIAN ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT THIS AGREEMENT is to be effective the day of October, 2006, and continue through December 31, 2006, by and between THE City OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "City') of 33 E. Idaho Ave., Meridian, Idaho 83642 and Cheryl Brown (hereinafter referred to as "BROWN") of 2528 Crooked Creek Way, Meridian, Idaho. 1. Scope of Services: BROWN shall perform all services, made a part of this Agreement and may receive additional duties as assigned that are consistent with the intent and objectives of this agreement. If BROWN believes the additional duties are outside the scope of the Agreement she must raise that issue to the Mayor as soon as reasonably possible. BROWN shall act under the direction and at the pleasure of the Mayor and City Council. She shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). BROWN is neither an independent contractor nor an employee of the MDC, its Board or Administrator. Brown's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. She will act as liaison with CITY departments and officials; and represents the CITY where appropriate in economic development meetings The Mayor will provide BROWN with assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with CITY policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year in collaboration with BROWN (as outlined in the Economic Development Coordinator focus the specifics regarding each subject area will be provided in writing to BROWN and are hereby incorporated by reference: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On-Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits, maintaining a current website, working with the Resource Center ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2000r page 1 of 8 on development of the marketing materials and the continued efforts with the MedicaUHealth Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; work with and respond to inquiries, Economic Development partners, developers and their projects; the South Meridian and Ten Mile planning activities as they relate to Economic Development and the necessary follow-up. BROWN agrees to prepare and furnish at minimum a monthly report for payment of services and data as may be required by the CITY. In general the status report will indicate details that can be shared publicly; contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, materiaUpacket sent, follow-up on status, etc. This will comply with Paragraph 7. BROWN agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information furnished to the CITY under this contract. All information received by BROWN, during the course of this Agreement or the preceding Agreement between BROWN and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, BROWN shall promptly deliver all materials and equipment received by her to the CITY. BROWN shall not retain any such materials or information in any form unless she has received written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. BROWN retains all rights to information received only due to her existing relationship with Brown Construction, Inc. BROWN shall retain exclusive right to that information. Information that BROWN receives in furtherance of this Agreement shall not be shared with Brown Construction, Inc. 2 Time: This agreement shall become effective on the day of October, 2006 and execution by both parties, and shall expire on December 31, 2006 unless earlier terminated or extended. The parties may extend this agreement on a month to month basis after the expiration date by mutual agreement. Such extension shall be at the same terms and payment amount unless agreed to in writing by both parties. BROWN is not required to maintain specific office hours or work schedule, but must perform the tasks as defined in this Agreement in a timely and satisfactory manner. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 2 of 8 3. Indemnification and Insurance: BROWN shall indemnify and save and hold harmless CITY 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 BROWN, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. BROWN 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 amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, BROWN covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. BROWN shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BROWN'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, BROWN shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted pursuant to the notice section of this Agreement. 4. Independent Contractor: BROWN shall be deemed to be an independent contractor as Meridian Economic Development Coordinator. BROWN shall not have mandatory duties except those imposed by law or regulation and those necessary to carry out the terms and conditions of this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, or shareholder) between the parties other than the independent contractor relationship as set forth herein. BROWN is, and shall be treated by CITY as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. She will not be treated as an employee with respect to the services performed by her for federal tax purposes. BROWN hereby acknowledges that she has been advised by CITY that as an independent contractor (non-employee) affiliated with CITY, she is responsible for the payment of all her own federal income taxes and her own self- employmenttaxes (FICA), together with any and all corresponding state, county and local taxes, if any, and she hereby agrees to comply with those responsibilities. BROWN hereby waives any claims she has or may have against CITY now or in the future respecting such taxes or the right of CITY not to withhold, not to pay or not to contribute to such taxes on her behalf. The CITY will provide a work station on site with a computer and phone, at CITY Hall in the Mayor's office, for Brown's use as needed. BROWN may also have ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 3 of 8 ~ ~ access to CITY conference rooms for meetings in furtherance of this Agreement. BROWN is free to choose to work from other locations to perform the tasks related to this Agreement. This Agreement contemplates that BROWN will represent the CITY in Economic Development meetings, committees, institutes, work groups, forums, or similar manner. She may represent the CITY on behalf of the Mayor or CITY Council at their direction. She may occasionally be directed to attend seminars, conferences, or institutes at the CTTY's expense as the CTTY's representative. If directed by the Mayor or CITY Council to attend such events the CITY will incur the costs and expense of the travel and necessary expenses for attendance. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. 5. Compensation: BROWN shall be compensated as the Meridian Economic Development Coordinator and shall provide related services in furtherance of this stated goal and objective pursuant to and specified in paragraph 1. BROWN will be paid a monthly amount of $4,500.00. At the end of each month an invoice shall be submitted by Brown with an accounting of the work performed in the preceding month. 6. Reimbursable Expenses: It is contemplated by the parties that BROWN may incur necessary operating and entertainment expenses in the performance of her duties under the terms of this agreement. This Agreement authorizes expenditures not to exceed $150.00 monthly with appropriate receipt for costs incurred by BROWN for attendance, participation in economic development meetings, committees, institutes, work groups, forums, or entertainment of potential parties that further the Economic Development intent of this agreement. Receipts must be submitted timely and must include sufficient information to support the purpose of reimbursement. Any amount in excess of $150.00 within a month must be specifically approved by the CITY Council. Any travel, out of Ada or Canyon County, and the associated registrations fees, or costs of attending seminars, institutes, or conferences will be brought separately before the CITY Council prior to incurring the expense. The Council must grant specific authorization for expenses of this nature. This is not intended for items covered in Paragraph 5 of this Agreement that are budgeted under the Mayor or the CITY Council. 7 Method of Payment: BROWN will be submit a monthly report of her duties performed consistent with the Scope of Services identified in Paragraph 1 of this Agreement and she will then be paid by the CITY her monthly compensation on or about the last business day of each month. Reimbursable expenses will be paid with thirty (30) days of the claim that are consistent with this agreement. If ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 4 of 8 r ~ additional duties and payment are agreed upon by the parties they shall be included in the monthly report for payment. 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 Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Cheryl Brown 2528 Crooked Creek Way Meridian, Idaho 83646 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. 8. 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 maybe 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. 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. Assignment: It is expressly agreed and understood by the parties hereto, that the parties 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 the non-assigning party. 11. Discrimination Prohibited: In performing the Services required herein, BROWN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 5 of 8 ~ ~ data and information as the CITY may request pertaining to matters covered by this Agreement. This can include oral updates and reports and is not meant to supersede the monthly report for the purposes of payment. 13. 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 BROWN' S records with respect to all matters covered by this Agreement. BROWN 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. The records contemplated by this section are only related to the terms and conditions of this Agreement. 14. 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. 15. Compliance with Laws: In performing the scope of services required hereunder, BROWN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Brown's compensation, which are mutually agreed upon by and between the CITY and BROWN, shall be incorporated in written amendments to this Agreement. The amendments shall be in the form of a "Change Order." 17. Termination: For Cause: If, through any cause, BROWN, 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, the CITY may immediately terminate this agreement with notice to BROWN. Without Cause: 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 BROWN of such termination and specifying the effective date thereof at least ten (10) days before ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 6 of 8 ~s the effective date of such termination. BROWN may also terminate this agreement at any time by giving at least ten (10) days notice to CITY. In the event of any termination of this Agreement, whether "For Cause" or "Without Cause" all finished or unfinished documents, data, and reports prepared by BROWN under this Agreement shall continue to be the CITY's property, and BROWN shall be entitled to receive apro-rated payment to the end of the termination period. Notwithstanding the above, BROWN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BROWN, and the CITY may withhold any payments to BROWN for the purposes of set-off until such time as the exact amount of damages due the CITY from BROWN is determined. This provision shall survive the termination of this agreement and shall not relieve BROWN of its liability to the CITY for damages. 18. 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. 19. Entire Agreement: This Agreement contains the entire agreement of the parties for the term of this Agreement. Where prior Agreements are referenced as related to the duties and responsibilities of this Agreement they are hereby incorporated by reference in whole or in part. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the CITY of Meridian. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 7 of 8 • • Dated this day of , 2006 CHERYL BROWN Dated this day of , 2006 Attest: CITY OF MERIDIAN BY: TAMMY DE WEERD, MAYOR WILLIAM G. BERG, JR., CITY CLERK ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT 2006- page 8 of 8